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HomeMy WebLinkAboutCOUNCIL MINUTES 1988-05-18 24181 ibm MINUTES OF THE ONE THOUSAND ONE HUNDRED AND TWENTY NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 18, 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 8:05 P.M. Councilman Ochala 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: Robert F. Nash City Clerk; Harry Tatigian, City Attorney; Robert D. Bennett, Mayor; John Nagy, Planning Director; Barney Knorp, Fire Chief; Raul Galindo, City Engineer; Karen Szymula, Director of Legislative Affairs; John Fegan, Director of Building Inspection; Ron Reinke, Superintendent of Parks and Recreation; Dave Preston, Finance Director; James Inglis, limoHousing Director; Jeanne Treff, Director of Cable TV, William Hoff, Deputy Police Chief; William MacDonald, Ordinance Enforcement Supervisor and Sue Daniel , Historical Commission. On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, it was #442-88 RESOLVED, that the minutes of the 1 ,128th Regular Meeting of the Council of the City of Livonia, held May 4, 1988 are hereby approved. A communication from the City Attorney, dated May 4, 1988, re Helen Fountoukis v Charles W. King and Patricia A. King, his wife, and the City of Livonia, Wayne County Circuit Court Case 87-709483-CH was received and placed on file for the information of the Council . The President of the Council acknowledged receipt of a Veto from the Mayor, lw. dated May 10, 1988 regarding CR 440-88 approving the waiver use only on Petition 24182 lb, 87-11-2-54 by McDonald's Corporation to construct and operate a restaurant on property located on the North side of Plymouth Road between Farmington and Mayfield in the Southwest 1/4 of Section 27. On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was #443-88 RESOLVED, that having considered a letter from James A. Gruska, 28615 Grandon, Livonia, Michigan 48150, dated April 29, 1988, requesting permission to close Grandon between Harrison and Brentwood streets on Sunday, June 5, 1988 from 2:00 p.m. to 8:00 p.m. , for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action herein taken being made subject to the approval of the Police Department. #444-88 RESOLVED, that having considered a letter from the City Treasurer, dated April 25, 1988, to which is attached a request from Mr. and Mrs. Edwin Laabs III, 15173 Cavour, Livonia, Michigan 48154, the Council does hereby authorize installment payments in the number of three installments at eight percent (8%) interest imm in connection with Special Assessment District No. 827, which levied an assessment in the amount of $641 .48 for sidewalk repairs relative to this property; and the City Treasurer is hereby requested to do all things necessary or incidental to the full performance of this resolution. A letter from Richard D. Thomas, Attorney and Counsellor at Law, dated May 9, 1988 re CR 194-88, estate of Margret Gutowski , 9918 and 9920 Shadyside, was received and placed on file for the information of the Council . #445-88 RESOLVED, that having considered a communication from the Historical Commission, dated May 3, 1988, approved by the Finance Director and approved for submission by the Mayor, with regard to the offer of a loan of furniture from Mr. and Mrs. Spears of Farmington Hills for use in the Hill House for a three year period, the Council does hereby approve acceptance of the furniture loan, subject to the Spears providing funds sufficient for the costs in the moving of the furniture both to and from the premises, as well as providing adequate insurance for the period of the loan and subject further to the Spears executing a loan agreement to be prepared by the Law Department. iim #446-88 RESOLVED, that having considered a communication from the Historical Commission, dated May 3, 1988, approved by the Finance Director and approved for submission by the Mayor, wherein 24183 permission is requested to print donation envelopes to be used by people who would like to make donations to Greenmead, the Council does hereby approve this request in the manner and form herein submitted. #447-88 RESOLVED, that having considered a communication from the Historical Commission, dated May 3, 1988, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a full-size freezer chest from Mr. and Mrs. Fredrick Millard, 15614 Comstock, Livonia, Michigan, which freezer is to be moved to Greenmead Carriage House by the Public Service Division. #448-88 RESOLVED, that having considered a communication from the Historical Commission, dated May 2, 1988, approved by the Finance Director and approved for submission by the Mayor, wherein permission is requested to charge $18.50 for a dinner and fashion show of mid-nineteenth century fashions at Greenmead to be conducted in the last week of July, the Council does hereby grant and approve this request in the manner and form herein submitted. #449-88 RESOLVED, that having considered a letter from the Superintendent of Parks and Recreation, dated May 5, 1988, approved for submission by the Finance Director and Mayor, and which transmits Parks and Recreation Commission resolution 1980-88, IL. wherein it is recommended that the Senior Citizen capital improvement contribution be reduced from $1 .00 to $.50 for 9 hole fee only, the Council does hereby concur in and approve of such action. #450-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 27, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the relocation of a street light at the intersection of Pinetree and Wayne Roads in connection with the Wayne Road Resurfacing Program, the Council does hereby appropriate and authorize the expenditure of the sum of $365.00 from the Motor Vehicle Highway Fund receipts (Major Road Account) in order to make payment to the Detroit Edison Company for the said relocation work. #451-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 26, 1988, approved for submission by the Mayor, regarding the installation of entrance markers within public rights-of-way on St. Martin Avenue boulevard area in the Willow Woods Subdivision, the Council does hereby authorize the Mayor and City Clerk to execute an agreement, for and on behalf of the City of Livonia, with Angelo DiPonio Enterprises, which agreement shall be prepared by the Department of Law, pursuant to which the City authorizes Angelo DiPonio Enterprises to use necessary portions of the aforesaid right-of-way in order to install , preserve and maintain the said entrance 24184 markers, as well as any subsequent entrance markers that may be installed in the said subdivision subject to the approval of the Inspection Department and inclusion of a hold harmless provision in the agreement authorized herein. #452-88 RESOLVED, that having considered a communication from the City Clerk, dated April 22, 1988, which indicates that Angelo DiPonio Enterprises, Inc. , 13040 Merriman, Livonia, Michigan, proprietor of Willow Woods Subdivision, situated in the Southwest 1/4 of Section 5, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval ; and the Council having received a communication from the City Planning Commission dated March 29, 1988, wherein said Commission approves the final plat for the said subdivision in its resolution 3-54-88, adopted on March 22, 1988; and the Council having considered a report from the City Engineer dated April 25, 1988, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 942-87, adopted on September 30, 1987, said preliminary plat having been recommended for approval by the City Planning Commission on August 18, 1987 in its resolution 8-192-87; now, therefore, the Council does hereby determine to grant its approval to the final plat of Willow Woods Subdivision, located in the Southwest 1/4 of Section 5, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia; and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #453-88 RESOLVED, that having considered a communication from the Department of Law, dated April 18, 1988, approved by the Finance Director and Labor Relations Director, and approved for submission by the Mayor, the Council does hereby authorize Allied Communications, Inc. , 17360 West Eight Mile Road, Southfield, Michigan 48075, to install an ICM System and Busy Lamp Field Hook-up System in the Department of Law for the sum of $1473.00; and the Council does hereby authorize the transfer of the sum of $1473.00 from Account 101-222-826.000 to Account 101-222-983.000 for this purpose, further, the Council does hereby authorize said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3.04.140 D.5 of the Livonia Code of Ordinances, as amended. #454-88 RESOLVED, that having considered a communication from the Mayor, dated May 5, 1988, the Council does hereby approve lbw of and concur in the appointment of Jack Engebretson, 18871 Comstock, Livonia, Michigan 48152 to the City Planning Commission, to fill the unexpired term of Mr. Richard 0. Straub, which will 24185 expire on June 9, 1988, as well as a new three year term which will expire on June 9, 1991 , provided that Mr. Engebretson takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. #455-88 RESOLVED, that having considered a communication from the Cable Television Commission, dated May 4, 1988, approved by the Director of Community Resources and approved for submission by the Mayor, and to which is attached the proposed revisions in Cable Commission guidelines for funding of public access programs, the Council does hereby approve and authorize these revisions in the manner and form herein submitted. #456-88 WHEREAS, the Bakewell , Farmington Road Relief Ext. No. 1 , Livonia No. 1 Ext. & Br. , Livonia No. 2 Br. , Livonia No. 5 Br. , Livonia No. 6 Ext. & Brs. , Livonia No. 11 , Livonia No. 12, Livonia No. 12 Br. , Livonia No. 13, Livonia No. 13 Ext. & Br. , Livonia No. 16, Livonia No. 17, Livonia No. 19 Ext. , Livonia No. 21 , Livonia No. 22, Livonia No. 22 Brs. , Livonia No. 22 Ext. & Brs. , Livonia No. 25, Livonia No. 26, Livonia No. 28 & Brs. , Livonia No. 29 & Brs. , Livonia No. 30, Livonia No. 31 , Livonia No. 33, Livonia No. 35 & Brs. , Livonia No. 36, Livonia No. 37, Livonia No. 39 & Brs. , Livonia No. 42, Livonia No. 43, Livonia No. 44, Livonia No. 45, Livonia No. 46, Livonia No. 47, Livonia No. 48, Livonia No. 49 drains Drainage Boards have determined that all outstanding drain orders and bonds of the District have been paid, and after having provided for the cost of maintaining the drains for one year, the Drainage Boards have further determined that after payment of all outstanding indebtedness there are surplus construction and/or debt retirement monies in the accounts of the District. It has been determined that these monies may be transferred to accounts which may be returned to the City of Livonia as its pro rata share of such surplus; and WHEREAS, the City of Livonia wishes to accept said sum all in accordance with the provisions of the Michigan Drain Code (P.A. 40 of 1956, as amended) particularly Section 497 thereof which requires that said sum be used to alleviate drainage problems within its jurisdiction. THEREFORE BE IT RESOLVED that the City of Livonia hereby accepts the surplus sums and agrees to use same in accordance with the provision of the Michigan Drain Code; namely, to alleviate drainage problems within its jurisdiction. #457 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 6, 1988, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications, for supplying the Public Service Division with plant stock for the Civic Center Library. 24186 Christensen's Plant Center, Inc. , 38901 Ann Arbor Road, Livonia, Michigan 48150 Columnar Norway Maple-2"-W, B 6 B (Acer Platanoides 'Columnare') $109.80 each Crimson King Maple-2"-2}", B & B (Acer Platanoides 'Crimson King') $109.80 each Redleaf Japanese Maple-4'-5' , B & B (Acer Palmatus Atropurpurem) $ 36.90 each Redbud-8'-10' , Clump (Cercis Canadensis) $ 68.40 each White Dogwood-1}"-2", B b B (Cornus Florida) $ 45.00 each Flowering Crab-1;"-2", B b B (Malus Van Eseltine) $ 71.10 each Flowering Crab-l}"-2", B & B (Malus 'Pink Spire') $ 71.10 each Colorado Blue Spruce-6'-7' , B & B (Picea Pungens 'Glauca') $ 82.80 each Austrian Pine-5'-6' , B & B (Pinus Sylvestrus) $ 57.60 each Mugho Pine-18"-24", B & B (Pinus Mugho) $ 18.90 each Canadian Hemlock-5'-6' , B & B (Tsuga Canadensis) $ 60.30 each Broadmore Juniper-18"-24", B & B or Pot (Juniperus Sabina 'Broadmore') $ 12.60 each Sargent Juniper-18"-24", B 6 B or Pot (Juniperus Chinensis 'Sargenti') $ 11.34 each Wilton Carpet Juniper-18"-24", B & B or Pot (Juniperus Horizontalis 'Wiltoni') $ 11.34 each Tamarix Juniper-18"-24", B & B or Pot (Juniperus Tamariscifolia) $ 12.60 each Hicks Yew-18"-24", B & B or Pot (Taxus Media 'Hicksii') $ 18.00 each Ward's Yew-18"-24", B & B or Pot (Taxus Cuspidata 'Wardii') $ 18.00 each 24187 Brown's Yew-18"-24", B & B or Pot (Taxus Cuspidata 'Browni') $ 18.00 each Dense Yew-18"-24", B b B or Pot (Taxus Cuspidata 'Densiformis') $ 18.00 each Evergreen Azalea (White)-3 Gal. , Pot (Rhododendron 'Cascade') $ 13.50 each Chinese Azalea (Orange)-2 Gal. , Pot (Rhododendron 'Mollis') $ 10.80 each Evergreen Azalea (Red)-3 Gal. , Pot (Rhododendron 'Hino Crimson') $ 13.50 each Lavender Rhododendron-18"-24", B & B (Rhododendron 'Boursalut') $ 20.70 each Japanese Andromeda-24"-30", B b B (Pieria Japonica) $ 19.80 each Compact Burning Bush-18"-24", B b B or Pot (Euonymus Alatus 'Compacta') $ 12.15 each Dwarf Forsythia-18"-24", Pot (Forsythia 'Arnold Dwarf') $ 11.34 each Privet (Hedge)-18"-24", Bare Root (Ligistrum Vulgare) $ .765 each Firethorne-5 Gal. , Staked (Pyracanthia Angustifolia 'Gnome') $ 15.30 each Compact European Cranberry-18"-24", B & B (Viburnum Opolus 'Compacta' ) $ 13.50 each Delivery charge is not included in the above. Anticipated cost for delivery is $210 00 ($35.00/hr. x 6 hours) . (2) Steinkopf Nursery, 20815 Farmington Road, Farmington Hills, Michigan 48024 Greenspire Linden-2"-2}", B & B (Tilia Cordata 'Greenspire' ) $115.00 each Pink Dogwood-1}"-2", B b B (Cornus Florida 'Rubra') $ 60.00 each 24188 Flowering Crab-1}"-2", B 6 B (Malus Zumi Calocarpa) $ 60.00 each Flowering Crab-W-2", B 6 B (Malus Royalty) $ 60.00 each Variegated Wintercreepe (Hedge Form)-2 Gal. , Pot (Euonymus Fortunes Argenteomarginatus) $ 8.00 each Myrtle (Vince Minor) $ .22 each (3) Marine City Nursery Company, 5304 Marine City Highway, Marine City, MI 48039 Globe Norway Maple-2"-W, B 6 B (Acer Platanoides 'Globe') $150.00 each Washington Hawthorne-6'-8' , B 6 B (Cragaegus Phaenopyrum) $ 38.00 each Barberry-2 Gal. , Pot (Berberis Thunbergi Atropurpurea 'Crimson Pigmy') $ 10.80 each Rock Cotoneaster-3 Gal. , Pot (Cotoneaster Horizontalis) $ 8.80 each Gold Drop Potentilla-15"-18", Pot (Potentilla Fruiticosa) $ 8.80 each #458-88 RESOLVED, that having considered the report and recommendation of the City Librarian, dated May 6, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Stockton Office Systems, Inc. , 24401 Sinacola Court, Farmington Hills, Michigan 48018, for supplying the Civic Center Library with a MITA DC-2105 and DC-2055 photocopiers in a total amount of $11 ,990.00, 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 $11 ,990.00 from Account 471-000-975-000 for this purpose. 1459-88 RESOLVED, that having considered the report and recommendation of the City Librarian, dated May 6, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Omega Office Systems, Inc. , 31175 Schoolcraft Road, Livonia, Michigan 48150, for supplying the Civic Center Library with ten (10) typewriters for the sum of $3,590.00, the same having been in fact the lowest bid received which meets specifications; and the sum of $3,590.00 is hereby appropriated and authorized to be expended from Account 471-000-975-000 for this purpose. 24189 /460-88 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated May 12, 1988, which bears the signature of the Finance Director and the City Attorney and is approved for submission by the Mayor, with regard to the proposed settlement agreement between the City of Livonia and Ronald Wooster, the Council does hereby concur in and approve of same, and for this purpose does herby appropriate and authorize the expenditure of the sum of $7,000.00 from the Unexpended Fund Balance Account. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Ochala, Jurcisin, Toy, Bishop, McCotter, Taylor, Feenstra. NAYS: None. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #461-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 11 , 1988, and submitted pursuant to Council Resolution 770-86 in connection with the communication from the Department of Law, dated August 1 , 1986 submitted pursuant to Council Resolution 750-86 which submits a proposed amendment to the Zoning Ordinance requested in Petition 86-4-1-16 by Norman Hyman for E. Szoka, Archbishop of Detroit, and Schmier-Butler Properties for a change of zoning on property located on the West side of Inkster, North of Joy Road in the Southeast 1/4 of Section 36 from RUF to R-7, and the proposed ordinance amendment having received first reading at the Regular Meeting of August 18, 1986 by Councilwoman McCotter, the Council does hereby determine to take no further action with respect to this item, further, the Council does hereby request that the City Planning Commission, in accordance with Section 23.01 (a) of Ordinance No. 543, conduct a public hearing and thereafter submit a report and recommendation on whether the subject property should be rezoned to a more appropriate zoning classification such as R-9. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was 24190 #462-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 11 , 1988, and submitted pursuant to Council Resolution 508-87 in connection with the report and recommendation of the Housing Director, dated May 13, 1987, approved for submission by the Mayor Pro Tem with respect to certain City-owned property obtained from the Department of Natural Resources, the Council does hereby determine to take no further action. On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #463-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 11 , 1988, and submitted pursuant to Council Resolution 523-87 in connection with a memorandum from the Wayne County Executive requesting City of Livonia support for the adoption of a funding package prepared by the Urban Association of Roads, the Council does hereby determine to take no further action. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #464-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 11 , 1988, and submitted pursuant to Council Resolution 569-87 in connection with a communication from the City Planning Commission, dated April 6, 1987, which sets forth its resolution 3-59-87, adopted on March 24, 1987, with regard to Petition 87-1-1-3, submitted by Theodore and Diane Manolakas for a change of zoning on property located south of Plymouth Road, west of Farmington Road in the Northeast 1/4 of Section 33, from RUF to P, and the Council having conducted a public hearing with regard to this matter on June 1 , 1987, pursuant to Council Resolution 362-87, the Council does hereby refer this item to the Planning Department for a report and recommendation with regard to the proposed use, based upon submission of a proposed site plan by the petitioner. On a motion by Councilman Ochala, seconded by Councilwoman McCotter, and unanimously adopted, it was #465-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 11 , 24191 1988, and submitted pursuant to Council Resolution 887-87 in connection with a letter from the President of the Exhibit Works, 13211 Merriman Road, Livonia, Michigan 48150, dated August 20, 1987, wherein a request is submitted for the purchase of certain City-owned property located West of Merriman Road and North of the C b 0 Railway, and which is .72 acres in size, the Council does hereby request a report and recommendation from the Planning Department and the Engineering Department with respect to the appraisal prepared by Mr. Charles W. Allen, Jr. ; further, the Council does hereby determine to keep this subject in the Committee of the Whole for further consideration. On a motion by Councilman Bishop, seconded by Councilman Taylor, it was #466-88 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Borg-Warner Automotive, Inc. , dated December 15, 1987, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 46; and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i .e. , the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, the City Council has afforded Borg-Warner Automotive, Inc. , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7:00 P.M. , Monday, February 1 , 1988 at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan. WHEREAS, pursuant to Council Resolution 322-88, the Committee of the Whole did give consideration to this matter conducted on May 11 , 1988; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS: 1 . That the City Council , on the basis of the information received from the applicant, Borg-Warner Automotive, Inc. , finds and determines: (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental iwn unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant 24192 has fully complied with the requirements of Section 9, Act No. 198, P.A. 1974, as amended. 16 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Borg-Warner Automotive, Inc. , covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 46, for 12 years. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, McCotter, Taylor, Feenstra. NAYS: Ochala, Jurcisin, Toy. The President declared the resolution adopted. Councilwoman McCotter took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING CHAPTER 04 (BUILDING CODES) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. L A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ochala, Jurcisin, Toy, Bishop, McCotter, Taylor, Feenstra. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING CHAPTER 32 (PROPERTY MAINTENANCE CODES) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ochala, Jurcisin, Toy, Bishop, McCotter, Taylor, Feenstra. NAYS: None. 24193 The President declared the foregoing Ordinance duly adopted, and would become effective on publication. lim Councilman Bishop took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING CHAPTER 56 (PERMITS AND INSPECTION FEES) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ochala, Jurcisin, Toy, Bishop, McCotter, Taylor, Feenstra. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilwoman McCotter took from the table, for second reading and ii. adoption, the following Ordinance: AN ORDINANCE ADDING CHAPTER 30 (SMOKING IN PUBLIC PLACES) TO TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ochala, Jurcisin, Toy, Bishop, McCotter, Taylor. NAYS: Feenstra. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Councilman Taylor, seconded by Councilwoman Toy, it was RESOLVED, that having considered a communication from the Historical Commission, dated April 28, 1988, approved by the Finance Director and approved for submission by the Mayor, 100 with regard to the Great Lakes Classic AMX Club Car Show to be conducted at Greenmead on Sunday, June 26, 1988, wherein it is recommended that a $2.00 fee for the show and Museum, 24194 lw. a $5.00 booth fee for car vendors, a $50.00 fee for the food vendor, a waiver of the transient merchants licenses be approved, subject to the Great Lakes Classic AMX Club providing a $1 ,000,000 liability insurance policy which includes the City of Livonia as additional insured, the Council does hereby concur in and approve of such action. On a motion by Councilman Ochala, seconded by Councilman Jurcisin, it was RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute a motion to approve the Great Lakes Classic AMX Club Car Show at Greenmead on Sunday, June 26, 1988 with the provision that the admission fee to the Museum only shall be $1 .00. A roll call vote was taken on the motion to substitute as follows: AYES: Ochala, Jurcisin, Toy, Bishop, McCotter, Taylor, Feenstra. NAYS: None. The President declared the resolution to substitute adopted. iiii On a motion by Councilman Ochala, seconded by Councilman Jurcisin, it was #467-88 RESOLVED, that having considered a communication from the Historical Commission, dated April 28, 1988, approved by the Finance Director and approved for submission by the Mayor, with regard to the Great Lakes Classic AMX Club Car Show to be conducted at Greenmead on Sunday, June 26, 1988, wherein it is recommended that a $2.00 fee for the show and Museum, a $5.00 booth fee for car vendors, a $50.00 fee for the food vendor, a waiver of the transient merchants licenses be approved, subject to the Great Lakes Classic AMX Club providing a $1 ,000,000 liability insurance policy which includes the City of Livonia as additional insured, the Council does hereby concur in and approve of such action; provided, however, that the admission fee to the Museum only shall be $1 00. A roll call vote was taken on the substitute resolution with the following result• AYES: Ochala, Jurcisin, Toy, Bishop, McCotter, Taylor, Feenstra. NAYS: None. ihr The President declared the substitute resolution adopted. 24195 lbwOn a motion by Councilman Taylor, seconded by Councilman Bishop, it was #468-88 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated April 28, 1988, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Allied, Incorporated, 260 Metty Drive, Ann Arbor, Michigan, for upgrading the Fire Department's Weaver EC-106-3FA three post lift for the price of $19,750.00, the same having been in fact the lowest and only bid received and meets all specifications; further, the Council does hereby appropriate and authorize the expenditure of the sum of $19,750.00 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, Jurcisin, Toy, Bishop, McCotter, Taylor, Feenstra. NAYS: None. The President declared the resolution adopted. ibra On a motion by Councilwoman McCotter, seconded by Councilman Taylor, and unanimously adopted, it was #469-88 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated May 5, 1988, approved for submission by the Finance Director and the Mayor, the Council does hereby accept the bid of Old Village Signs, 850 York, Plymouth, Michigan 48170, for installing an entrance sign for the Fox Creek Golf Course and 54 tee marker signs for the three municipal golf courses for a total price in the amount of $13,450.00, the same having been in fact the lowest bid received and meets all specifications. On a motion by Councilman Jurcisin, seconded by Councilman Ochala, it was #470-88 RESOLVED, that having considered a communication from the City Assessor, dated April 26, 1988, approved for submission by the Mayor, with regard to a request from Mr. Richard Halmekangas, 35415 Northgate, Livonia, Michigan, 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby approve of 24196 the proposed division of Tax item No. 46 003 01 0434 000 into two parcels, the legal description of which shall read as follows: Parcel "A" - Lot 434, Except the East 74.00 ft. thereof, SUPERVISOR'S LIVONIA PLAT No. 7, of the W. 1/2 of the SW 1/4 of Sec. 1 , T1S R9E, City of Livonia, Wayne County, Michigan. Liber 66, Page 58, WCR. Parcel "B" - East 74.00 ft. of Lot 434, SUPERVISOR'S LIVONIA PLAT No. 7, of the W. 1/2 of the SW 1/4 of Sec. 1 , T1S R9E, City of Livonia, Wayne County, Michigan. Plat recorded in Liber 66, page 58, WCR. 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: Ochala, Jurcisin, Toy, Bishop, Taylor, Feenstra. NAYS: McCotter. The President declared the resolution adopted. On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was #471-88 RESOLVED, that having considered a communication from the City Assessor, dated April 19, 1988, approved for submission by the Mayor, with regard to a request from Mr. Carey V. Poisson, 17271 Lathers, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby approve of the proposed division and combination of Tax Item Nos. 46 048 01 0120 000 and 46 048 01 0142 002 into two parcels, the legal description of which shall read as follows Parcel 1 Northerly 80 ft. of Lot 120 - Thomas F. O'Connor's Parkview Acres, a Subdivision of West 1/2 of Southeast 1/4 of Section 12, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (As recorded in Liber 69 of Plats, Page 24, Wayne County Records). 0.35588 ACRES 24197 L. Parcel 2 Southerly 10 ft. of Lot 120 and Lot 142 except that part described as: Beginning at the Southwest corner of said Lot 142, thence North along the lot line 237.0 ft. to the center of the County Drain, thence Southeasterly along the center of the Drain, 198.0 feet to the East lot line of Lot 142, to a point 69.0 feet North of the Southeast corner of Lot 142, thence south along the East lot line 69.0 feet to the Southeast corner of said Lot, thence West along the South lot line 100.0 feet to the point of beginning - Thomas F. O'Connor's Parkview Acres, a Subdivision of West 1/2 of Southeast 1/4 of Section 12, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (As Recorded in Liber 69 of Plats, Page 24, Wayne County Records). 0.75 ACRES + 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: L AYES: Ochala, Jurcisin, Toy, Bishop, Taylor. NAYS: McCotter, Feenstra. The President declared the resolution adopted. On a motion by Councilman Jurcisin, seconded by Councilman Ochala, it was #472-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 26, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, and to which is attached Change Order No. 2 in connection with the 1987 Section 15 Street Paving Program in the amount of $4,100.00, the Council does hereby authorize an additional payment for the sum of $4,100.00 to Thompson McCully Company, 11620 Whitmore Lake Road, Whitmore Lake, Michigan 48189, in accordance with Change Order No. 2; further, the Sum of $4,100.00 is hereby appropriated and authorized to be expended from the Motor Vehicle Highway Fund receipts for this purpose. L A roll call vote was taken on the foregoing resolution with the following result• AYES: Ochala, Jurcisin, Toy, McCotter, Taylor. NAYS: Bishop, Feenstra. 24198 The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Ochala, it was #473-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 26, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which submits final cost information with regard to the Melvin and Richland Avenue Paving Program - Contract 87-D, the Council does hereby approve final payment to the contractor and does for this purpose authorize an increase in the contract with the South Hill Construction Company from $462,168.90 to $490,835.43 and appropriate an additional $28,666.53 from the $7.9 Million General Obligation Road Improvement Bond Issue with the provisions that (1 ) the Bond Issue be reimbursed for that portion of the project which is to be financed by special assessments at such time as funds are available from a future special assessment bond issue, (2) the bond issue be reimbursed for the City's portion of the project from Motor Vehicle Highway Fund receipts, (3) $2,865.50 be charged to the Water Fund Field Operations Contractural Services Account 591-559-818-000 for water service repair done by the contractor on behalf of the City, and (4) $1 ,504.00 be appropriated from monies previously deposited in a special escrow fund, with the City, for the purpose of completing the sodding of an island area in the Hidden Pines Subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, Jurcisin, Toy, Bishop, McCotter, Taylor, Feenstra. NAYS: None. The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was RESOLVED, that having considered a communication from the City Planning Commission, dated May 4, 1988, which transmits its resolution 4-68-88, adopted on April 26, 1988, with regard to Petition 88-3-2-8, submitted by Livonia Jaycees requesting waiver use approval to hold their Annual Spring Carnival at Ladbroke DRC located at the Southeast corner of Schoolcraft Service Drive and Middlebelt Road in Section 25, which property is zoned M-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 88-3-2-8 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission, further, the Council does hereby waive all fees in connection with this activity. 24199 On a motion by Councilman Taylor, seconded by Councilwoman McCotter, I. it was RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute a motion to approve Petition 88-3-2-8 by the Livonia Jaycees waiving all fees in connection with this activity with the exception of those required in connection with the operation of the Carnival . A roll call vote was taken on the motion to substitute with the following result: AYES: Ochala, Jurcisin, McCotter, Taylor, Feenstra. NAYS: Toy, Bishop. The President declared the resolution to substitute adopted. On a motion by Councilman Taylor, seconded by Councilman Ochala, it was #474-88 RESOLVED, that having considered a communication from the City Planning Commission, dated May 4, 1988, which transmits its resolution 4-68-88, adopted on April 26, 1988, with regard to Petition 88-3-2-8, submitted by Livonia Jaycees requesting waiver use approval to hold their Annual Spring Carnival at Ladbroke DRC located at the Southeast corner of Schoolcraft Service Drive and Middlebelt Road in Section 25, which property is zoned M-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 88-3-2-8 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission, further, the Council does hereby waive all fees in connection with this activity with the exception of those required in connection with the operation of the carnival . A roll call vote was taken on the substitute resolution with the following result: AYES: Ochala, Jurcsin, Bishop, McCotter, Taylor, Feenstra. NAYS: Toy The President declared the substitute resolution adopted. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, law and unanimously adopted, it was 24200 lop #475-88 RESOLVED, that the Council does hereby request that the Director of Finance, City Clerk, Superintendent of Parks and Recreation, Planning Director and the Director of Building Inspection submit their respective reports with regard to the extent and nature of fees which have been waived by the City Council in connection with activities conducted by various civic organizations and clubs. On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #476-88 WHEREAS, Wednesday, May 18, 1988, at 4:00 o'clock p.m. , Eastern Daylight Time, has been set as the date and time for opening bids for the purchase of the Issuer's $2,090,000 1988 Special Assessment Limited Tax Bonds (the "SA Bonds"), AND WHEREAS, said bids for the SA Bonds have been publicly opened and read; AND WHEREAS, the following bids for the SA Bonds have been received: ibm 1988 Special Assessment Bonds Average Net Interest Interest Interest Bidder Maturity Rate Discount Rate Cost First of Michigan 1989 5.00 $28,215.00 6.7974 $935,898.34 Corporation 1990 5.20 1991 5.50 The Ohio Company 1992 5.70 1993 6.00 Kidder Peabody & Co. 1994 6.10 1995 6.25 1996 6.40 Comerica Bank-Detroit 1997 6.60 1998 6.80 1999 7.00 2000 7.10 2001 7.20 2002 7.30 2003 7.35 ir Manufacturers National 1989 5.25 $20,900.00 6.9046120 $950,650.00 Bank of Detroit 1990 5.50 1991 5.75 24201 1992 6.00 1993 6.15 1994 6.30 1995 6.45 1996 6.60 1997 6.75 1998 6.90 1999 7.00 2000 7.15 2001 7.30 2002 7.45 2003 7.60 Prudential Bache 1989 6.00 $52,250.00 8.2897 $1 ,154.262.50 Capital Funding 1990 6.25 1991 6.50 Shearson Lehman Hutton 1992 6.75 1993 7.00 1994 7.25 1995 7.50 1996 7.75 1997 8.00 1998 8.20 1999 8.40 1601 2000 8.60 2001 8.70 2002-3 8.75 Merrill Lynch 1989 5.25 $41 ,484.25 7.188 $989,784.25 Capital Markets 1990 5.50 1991 5.75 1992 6.00 1993 6.25 1994 6.50 1995 6.75 1996 7.00 1997 7.10 1998 7.20 1999 -2003 7.25 AND WHEREAS, the bid of First of Michigan Corporation, The Ohio Company, Kidder Peabody & Co. and Comerica Bank-Detroit has been determined to produce the lowest interest cost respecting the SA Bonds to the issuer. NOW, THEREFORE, BE IT RESOLVED THAT. 1. The bid of First of Michigan Corporation, The Ohio Company, Abir Kidder Peabody & Co. and Comerica Bank-Detroit, as above stated, be and the same is hereby accepted. i 24202 160 2. Checks of the unsuccessful bidders be returned to each bidder's representative or by registered mail . 3. The Issuer hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exclusion of the interest on the SA Bonds from adjusted gross income for general federal income tax purposes under the Internal Revenue Code of 1986, as amended (the "Code"), including, but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Bond proceeds and moneys deemed to be Bond proceeds. 4. The Issuer hereby designates the SA Bonds of this issue as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Code. 5. 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 Jurcisin, seconded by Councilman Ochala, ibm and unanimously adopted, it was #477-88 WHEREAS, Wednesday, May 18, 1988, at 4:00 o'clock p.m. , Eastern Daylight Time, has been set as the date and time for opening bids for the purchase of the Issuer's $1 ,400,000 1988 Michigan Transportation Fund Bonds (the "MTF Bonds") ; AND WHEREAS, said bids for the MTF Bonds have been publicly opened and read; AND WHEREAS, the following bids for the MTF Bonds have been received: 1988 Michigan Transportation Fund Bonds Average Net Interest Interest Interest Bidder Maturity Rate Discount Rate Cost Merrill Lynch 1988 4.50 $28,000 7.4394 $1 ,117,164.58 Capital Markets 1989 5.25 1990 5.50 1991 5.75 1992 6.00 1993 6.20 1994 6.40 24203 1995 6.60 11. 1996 6.80 1997 7.00 1998 7.10 1999 7.20 2000 7.30 2001 7.40 2002 7.50 Prudential-Bache 1988 5.75 $35,000 8.6897 $1 ,314,504.17 Capital Funding 1989 6.00 1990 6.25 Shearson Lehman Hutton 1991 6.50 1992 6.75 1993 7.00 1994 7.25 1995 7.50 1996 7.75 1997 8.00 1998 8.20 1999 8.40 2000 8.60 2001 8.70 2002 8.75 Manufacturers National 1988 5.00 $19,600 7.3185349 $1 ,099,000.00 Bank of Detroit 1989 5.20 1990 5.40 1991 5.60 1992 5.80 1993 6.00 1994 6.20 1995 6.40 1996 6.60 1997 6.75 1998 6.90 1999 7.00 2000 7.20 2001 7.40 2002 7.60 First of Michigan 1988 4.75 $18,900 7.1479 $1 ,073,379.17 Corporation 1989 5.00 1990 5.20 The Ohio Company 1991 5.50 1992 5.70 Kidder Peabody & Co. 1993 6.00 ift, 1994 6.10 Comerica Bank-Detroit 1995 6.25 24204 1996 6.40 1997 6.60 1998 6.80 1999 7.00 2000 7.10 2001 7.20 2002 7.30 National Bank of Detroit 1989-94 9.00 $35,000 7.0219 $1 ,054,456.25 1995 8.10 1996 6.60 1997 6.75 1998 6.85 1999 7.00 2000-02 6.6 AND WHEREAS, the bid of National Bank of Detroit has been determined to produce the lowest interest cost respecting the MTF Bonds to the issuer. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The bid of National Bank of Detroit, as above stated, be and the same is hereby accepted. lome 2. Checks of the unsuccessful bidders be returned to each bidder's representative or by registered mail . 3. The Issuer hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exclusion of the interest on the MTF Bonds from adjusted gross income for general federal income tax purposes under the Internal Revenue Code of 1986, as amended (the "Code"), including, but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Bond proceeds and moneys deemed to be Bond proceeds. 4. The Issuer hereby designates the MTF Bonds of this issue as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions pursuan to the Code. 5. 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 Councilman Ochala, LO it was 24205 #478-88 RESOLVED, that having considered the report and recommendation of the Department of Law, dated May 2, 1988, approved for submission by the Mayor, with regard to the proposed sale of 33916 Five Mile Road (Lots 144-148 inclusive and 1/2 of vacated alley at rear, Coventry Gardens Subdivision) to Mr. and Mrs. John W. Norman, the Council does hereby rescind and repeal Council Resolution 81-88 which authorized the said sale; further, the Council refers this matter to the Housing Director and Department of Law for collection of outstanding delinquent rent payments and/or the commencement of eviction proceedings. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, Jurcisin, Toy, Taylor, Feenstra. NAYS: Bishop, McCotter. The President declared the resolution adopted. On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was #479-88 RESOLVED, that having considered a communication from the City Planning Commission, dated March 31 , 1988, which sets forth its resolution 3-46-88, adopted on March 22, 1988 with regard to Petition 88-2-2-4, submitted by Fred J. Armour requesting waiver use approval for outdoor storage of contractor's equipment on property located on the Southwest corner of Eight Mile Road and Hugh Avenue in the Northeast 1/4 of Section 2, which property is zoned M-1 , and the Council having conducted a public hearing with regard to this matter on May 9, 1988, pursuant to Council Resolution 297-88, 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, Taylor, Feenstra. NAYS: Jurcisin, Bishop, McCotter. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was 24206 #480-88 RESOLVED, that having considered a communication from the Director of Community Resources, dated April 27, 1988, approved by the Finance Director and approved for submission by the Mayor, with regard to the cash donation received by the Youth Assistance Program in the amount of $43.33 from the Project Concern's Walk for Mankind, the Council does, for and on behalf of the City of Livonia, accept the said cash donation and appropriate the sum of $43.33 to Account No. 702-000-285-215 for use in the Youth Assistance Program. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #481-88 RESOLVED, that having considered a communication from the Director of Community Resources, dated May 4, 1988, approved by the Finance Director and approved for submission by the Mayor, and which submits cash donations in the amount of $2,507.00 received for senior citizen programs from various donors, the Council does, for and on behalf of the City of Livonia, accept the said donations and does for this purpose appropriate the sum of $2,507.00 to Account No. 702-000-285-216 for use in the Senior Citizen programs. ImmoOn a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was #482-88 RESOLVED, that having considered a communication dated April 29, 1988, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as: Grant of Easement dated April 25, 1988, executed by Drake Management Services, by Jack D. Duckworth, Partner, Michael S. Belden, Partner and David G. Krause, Partner, for: Part of the S.W. 1/4 of 1/4 of Section 5, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, described as follows: Commencing at the West 1/4 corner of Section 5, T.1S. , R.9E. , and proceeding thence S. 00°00' 17" E. 928.14 feet along the west line of said Section 5, thence S. 89°41 '05" E. 60.00 feet to the east line of Newburgh Road (120 feet wide) and the Point of Beginning, thence N. 00°00'17" W. 10.00 feet along said east line, thence S. 89°41 '05" E. , 245.10 feet to the beginning of a curve concave to the southwest; having a radius of 248.88 feet; thence easterly along said curve 70.79 feet through a central angle of 16°17'49", thence on a non-tangent line N. 89°41 '05" W. 314.89 feet to the Point of Beginning. 24207 the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all things necessary or incidental to fulfill the purpose of this resolution. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #483-88 RESOLVED, that having considered a communication dated April 29, 1988, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as: Grant of Easement dated March 30, 988, executed by Lexington Associates, by Ellis Zakroff, General Partner, for: That part of the Southwest 1/4 of Section 26, T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, bounded and described as follows: Beginning at the most westerly of the southwesterly corners of Lot 7 in Plymouth Road Industrial Subdivision (Liber 96, pages 6, 7, 8, Wayne County Records) said point also being on the northerly right-of-way line of Sears Avenue (as deeded to the City of Livonia for roadway purposes in Liber 17393, Pages 39 to 43) , thence N. 00°14'30" West 36 feet, thence S. 89°45' 30" West to the extension of the westerly line of Sears Avenue northerly, thence S. 00°14'30" East along said northerly extension of the westerly line of Sears Avenue to the westerly right-of-way line of Sears Avenue, same being a point of curve in said westerly line of Sears Avenue; and thence northeasterly along the arc of Sears Avenue to the place of beginning. the Council does hereby for and in behalf of the City of Livonia accept the aforsaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #484-88 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated May 10, 1988, with respect to a request for a new SDM license, submitted by 1 24208 Meadowdale Foods, Inc. , to be located at 30935 Five Mile Road, Livonia, Michigan 48154, the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuch as this application would be in violation of and in noncompliance with the requirements prescribed by the Livonia Zoning Ordinance 543, as amended; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #485-88 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 Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #486-88 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 31, 1988 on all matters required by Sections 3.08.060 and 3.08.140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on May 16, 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 improvement consisting of the installation of 100 watt high pressure sodium lights on davitt poles with underground wiring in Pine Creek Subdivision, located in the Southwest 1/4 of Section 9, 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 improvements as set forth in said statement dated March 31, 1988, ifts (4) determine that the cost of said improvement shall be paid by special assessment upon the property especially benefited, 24209 (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district in the S.W. 1/4 of Section 9 T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as containing the property shown on the Special Assessment plan and the Special Assessment Roll . (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council 's determination on said statements as prepared by the City Engineer dated March 31 , 1988; and (8) 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 pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #487-88 RESOLVED, that having considered a letter from the Detroit International Feis, 14830 Cherry Lane, Plymouth, Michigan 48170, dated May 16, 1988, the City Council takes this means to indicate that the Detroit International Feis is a recognized nonprofit organization in the community. On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, this 1 ,129th Regular Meeting of the Council of the City of Livonia was adjourned at 8:45 P.M. , May 18, 1988. Robert F. Nash, City Clerk