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HomeMy WebLinkAboutCOUNCIL MINUTES 1988-09-14 24442 Iwo MINUTES OF THE ONE THOUSAND ONE HUNDRED AND THIRTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 14, 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 02 P M. Councilwoman Toy delivered the invocation and called for a moment of silence in memory of Eva Nash, Mother of City Clerk, Robert F Nash. 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, Patricia Miencier, Deputy City Clerk, Robert Bennett, Mayor, John Nagy, Planning Director, Raul Galindo, City Engineer, David Preston, Director of Finance, Karen impSzymula, Director of Legislative Affairs, Robert Beckley, Director of Public Works and John Fegan, Director of Building Inspection On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, it was 1870-88 RESOLVED, that the minutes of the 1 ,135th Regular Meeting of the Council of the City of Livonia, held August 29, 1988 are hereby approved A communication from the Planning Director, dated September 1 , 1988, forwarding the "Capital Improvement Program, 1989-1994" is hereby received and placed on file for the information of the Council On a motion by Councilman Jurcisin, seconded by Councilwoman McCotter, and unanimously adopted, it was #871-88 RESOLVED, that having considered a communication from the Planning Director, dated September 1 , 1988 to which is attached the Capital Improvement Program for the years 1989-1994, the Council Imp does hereby refer this item to the Capital Improvement Committee for its report and recommendation 24443 At the direction of the Chair, Item No. 17 -- Letter from Mr. and Mrs. Alan Starks regarding a problem with an adjoining office development was removed from the Consent Agenda. On a motion by Councilman Taylor, seconded by Councilman Bishop, it was #872-88 RESOLVED, that having considered an application from Terry Ann Fowler, 35328 Curtis, Livonia, Michigan 48152, dated August 28, 1988, requesting permission to close Curtis Street, East of Wayne Road on September 24, 1988 from 3:00 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 taken herein being made subject to the approval of the Police Department #873-88 RESOLVED, that having considered a letter from Deborah A. Dufour, 18685 Shrewsbury, Livonia, Michigan 48152, dated August 25, 1988, requesting the installation of colonial-style Lstreet lights in the Shrewsbury Drive cul-de-sac in the Hidden Pines Subdivision, the Council does hereby refer this item to the Engineering Department for its report and recommendation #874-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 22, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of the Jeffery Company, 29050 Fort Street, Rockwood, Michigan 48173, for the Fire Station Senior Center parking lot expansion for the estimated total cost of $15,637.80, based upon the Engineering Department' s estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, further, the Council does hereby appropriate and authorize the expenditure of the sum of $15,637 80 from Community Development Block Grant funds for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work, as completed, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. #875-88 RESOLVED, that having considered the report and recommendation of the City Librarian, dated August 17, 1988, which bears the signature of the Finance Director and is approved 24444 for submission by the Mayor, the Council does hereby accept � the bid of Tobins Lake Studios, 7030 Old U S 23, Brighton, �— Michigan 481I6, for installing stage drapes for the Civic Center Library Auditorium for the price of $3,248.60, the same having been in fact the lowest bid received and meets all specifications. #876-88 RESOLVED, that having considered the report and recommendation of the City Librarian, dated August 24, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits Library Commission resolution 12-88, the Council does hereby authorize the purchase of Oblique Files for the storage of periodicals for the Civic Center and Carl Sandburg Libraries from Dick DeBear of Library Designs Associates, 859 South Main Street, Plymouth, Michigan 48170, for a price not to exceed $20,000.00, the same to be appropriated and expended from the Special Library Trust Fund, Account 722-000-987-000 for this purpose, further, the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3.04.140D5 of the Livonia Code of Ordinances, as amended. #077-80 RESOLVED, that having considered a communication from the Water and Sewer Board, dated August 30, 1988, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2822 8/88, the Council �'- does hereby authorize the bid of Hersey Products, Inc. , 1025 Criss Circle, Elk Grove Village, Illinois 60007, to be extended, to supply the Public Service Division (Water Maintenance Section) with Detector Check Valves through December 1 , 1989, further, the Council does hereby authorize the said item without competitive bidding in accordance with provisions set forth in Section 3.04,l40D5 of the Livonia Code of Ordinances, as amended #878~88 RESOLVED, that having considered a communication from the Water and Sewer Board, dated August 30, 1988, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2821 8/88, the Council does hereby authorize the bid of Rockwell International Corporation, 1996 University Lane, Lisle, Illinois 60532, to be extended, to supply the Public Service Division (Water Maintenance Section) with Compound Meters and Fire Line Meters through December 1 , 1989, further, the Council does hereby authorize the said item without competitive bidding in accordance with provisions set forth in Section 3.04.l40D5 of the Livonia Code of Ordinances, as amended. #879-88 RESOLVED, that the Council of the City of Livonia does hereby approve the annual Christmas Parade for Saturday, November 19, 1988, beginning at 9.00 a.m , and does hereby request the �m� Wayne County Road Commission to close Six Mile Road, from Inkster 24445 to Middlebelt Road between the hours of 6 00 a m. and 11 :00 a m. , Seven Mile Road, from Merriman to Inkster between the hours of 9 00 a.m. and 11 .00 a m. , and Middlebelt Road, from Six Mile to Eight Mile between the hours of 9 00 a m and 11 .00 a.m. , or until the road is returned to normal traffic operation, FURTHER, the Council does hereby assume liability for any damage claims which may arise as a result of the road closure and does hereby designate and authorize Lt. Leon S. Dater to sign the road closure permit in behalf of the City of Livonia. #880-88 RESOLVED, that having considered a communication from the Historical Commission, dated August 19, 1988, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby waive the transient merchant license fee requirement for participants in the Big Top Sale, sponsored by the Livonia Newburg School Committee, which has been scheduled for Saturday, October 29, 1988 at Bentley High School A communication from the Chief of Police, dated August 24, 1988, re Sale of Police and Forfeiture Vehicles - Council Resolution 605-88 was received and placed on file for the information of the Council . #881-88 RESOLVED, that having considered a communication from the Director of Public Works, dated August 19, 1988, wherein certain amendments to the dog ordinance are recommended for adoption, the Council does hereby refer this item to the Department of Law for the preparation of the ordinance amendments necessary to implement the aforesaid recommendations. #882-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 24, 1988, approved for submission by the Mayor, with regard to a request from the Wayne County Public Service Division for the City to take jurisdiction and control of a storm sewer to be constructed by the owners of the Digestive Disease Clinic, 18320-330 Farmington Road, the Council does hereby determine as follows 1 . To advise the Wayne County Public Service Division (Permit Section) of the City' s willingness to accept jurisdiction and maintenance of a 4 inch storm sewer (approximately 25 l .f. ) connection to the storm sewer system within the Farmington Road Right-of-Way in connection with the development of the Clinic, located on the East side of Farmington Road in the N.W. 1/4 of Section 10 (the attached letter from the owners indicates their willingness to reimburse the City for any such maintenance that may become necessary) , 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 storm sewer construction. 24446 1883-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 30, 1988, approved for submission by the Mayor, the Council does hereby release to United Homes, Inc , Suite 212, 25882 Orchard Lake Road, Farmington Hills, Michigan 48018, the proprietor of the Northfield Estates Subdivision located in the Southwest 1/4 of Section 31 , the financial assurances previously deposited with respect to the Sidewalk Improvement Bond ($6,000.00, of which $1 ,000 00 was to be in cash), Soil Erosion and Survey Monument Bonds (in the amount of $1 ,000.00 and $310 00, respectively), pursuant to Council Resolution 179-86, adopted on February 26, 1986, further, all other financial assurances now on deposit with the City, if any, shall remain the same and unchanged, and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia 1884-88 RESOLVED, that Richard M Lewiston, 21790 Coolidge Hwy , Oak Park, Michigan 48237, as proprietor, having requested the City Council to approve the proposed preliminary plat of the following subdivision Regency Circle Subdivision No. 2 located west of Hix Road and north of Joy Road, in the Southwest 1/4 of Section 31 , the said proposed preliminary plat being dated July 12, 1988 (revised) , and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on June 21 , 1988, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated August 16, 1988, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1 ) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specification of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null , void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, 24447 (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24.370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity ith the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts a. General Improvement Bond $194,000.00, of which at least $ 10,000 00 shall be in cash b Sidewalk Bond $ 12,500 00, of which at least 2,000 00 shall be in cash c Grading & Soil Erosion $ 2,000 00, (all cash) Control Bond d Monuments & Lot Markers $ 850.00 (all cash) e. Entrance Marker $ 5,000 00, of which $ 1 ,000 00 shall be in cash. and require cash payments in the total amount of $11 ,557 00 In addition, distribution lines for telephone and electric 24448 services are to be placed underground and ornamental street � lights are to be provided throughout the subdivision #885-88 RESOLVED, that having considered the report and recommendation of the Planning Director dated August 31 , 1988, and approved for submission by the Mayor, the Council does hereby accept the bid, with all fees waived, of Sheridan Construction, Inc, , 32125 Block Street, Garden City, Michigan, for the alterations to the Small Appliance Repair Area at the Shelden Park Senior Citizens Center for the price of $9,950.00, the same having been in fact the lowest bid received for this work, and that the Council does hereby authorize the expenditure of $9,950 00 as follows $ 6,500 - Grant-Michigan Office of Services to the Aging $ 1 ,500 - Donations to Shelden Center Small Appliance Repair Shop $ 1 ,960 - Community Development Block Grant Funds and the Planning Director is hereby authorized to approve any minor adjustments in the work, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution �-' 1886-88 RESOLVED, that Ashley Construction Co, , 8865 Deborah Ct. W. , Livonia, Michigan 48150, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Ashley Estates Subdivision, located east of Gill Road, approximately 1 ,000 feet north of Seven Mile Road, in the Southeast 1/4 of Section 4, the said proposed preliminary plat being dated July 7, 1988; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on August 3, 1988, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated September 1 , 1988; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1 ) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specification of the Engineering Department the DSvelopment Plans submitted by thS prOprietOr and appruYGd by 5uoh depart0ent, all suoh im roVements to be construoted, Land in�t�ll�d, ��o��pli�h�d and �0mplet�d within a periOd of tu0 24449 imp (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null , void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Ipm Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with +he City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts a. General improvement Bond $137,000 00, of which at least $ 10,000 00 shall be in cash b Sidewalk Bond $ 12,000 00, of which at least $ 2,000 00 shall be in cash imp c. Grading & Soil Erosion $ 2,000 00, (all cash) Control Bonc d Monuments & Lot Markers $ 530 00 (all cash) 24450 and require cash payments in the total amount of $8,740.00. In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision. #887-88 RESOLVED, that the Council does hereby request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation with regard to the vacating of the stub street on Fairfax in the Ashley Estates Subdivision to be located on the East side of Gill Road, North of Seven Mile Road, in the Southeast 1/4 of Section 4 in accordance with the provisions of Law and City Ordinance. #888-88 resolved, that having considered a communication from the City Attorney, dated September 1 , 1988, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $1 ,000.00 from the Court Expense Account (101-222-826 000) to the following accounts in the following amounts 101-222-958 000 - Dues & Subscriptions $500.00 101-222-861 010 - Auto Expense-Employees $200 00 101-222-864 010 - Travel & Education-Emp $300 00 1110 further, the Council does hereby appropriate the sum of $2,000 00 from the Unexpended Fund Balance Account to be transferred to Account 101-222-978 000 (Capital Outlay - Books), the action herein being taken for the reasons indicated in the aforesaid communication. #889-88 RESOLVED, that having considered a letter from Len and Janet Goodlesky, 37461 Ladywood, Livonia, richigan, regarding the sta`is of traffic control devices located on Newburgh at Myrna and at Holmes Jr High School , the Council does hereby request that the Wayne County Office of Public Service have both aforesaid traffic control devices cycle on a full stop and go basis, 24 hours a day, seven days a week, and the City Engineer is hereby requested to take all steps necessary to insure implementation of this request #890-88 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated August 31 , 1988, with respect to a request for a new SDD license, submitted by Meadowdale Foods, Inc , to be located at 33423 Eight Mile Road, Livonia, Michigan, 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 24451 543, as amended, and the City Clerk is hereby requested to forward N�~ a certified copy of this resolution to the Michigan Liquor Control COmmissiQD, 1891-88 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, October 12, 1988 at 7 'O0 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items. (1 ) Petition 88-7-1-79, submitted by S.E M M. Co for a change of zoninc of property located on the North side of Seven Mile Road, East of Shadyside in the Southwest 1/4 of Section 3, from R-3A and R-7 to C-1 , the City Planning Commission in its resolution 8-140-88 having recommended to the City Council that Petition 88-7-1-19 be denied, and (2) Petition 88-7-7-20, submitted by William L. Roskelly for a change of zoning on property located on the East side of Merriman Road between Fargo and Pembroke in the Northwest 1/4 of Section 2, from RUFA to R-7, L the City Planning Commission in its resolution 8-141-88 having recommended to the City Council that Petition 88-7-1-20 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/o/ (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by 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. #892-80 RESUi` ED, that having considered a communication received by the Office of the City Clerk dated June 22, 1988 from Nancy Barile 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 May 17, 1988 by the City � Planning Commission in its resolution 6-102-88 with regard to Petition 88-4~2-14 submitted by Nancy Barile requesting permission 24452 to operate a sit-down restaurant within an existing building located on the north side of Plymouth Road, west of Merriman Road in the Southeast 1/4 of Section 27, the Council does hereby designate Monday, October 17, 1988 at 8 00 P M. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City' s official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. A roll call vote was taken on the foregoing resolutions with the following result AYES: Toy, Bishop, McCotter, Taylor, Ochala, Jurcisin, Feenstra NAYS. None. On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was #893-88 RESOLVED, that the Council does hereby refer to the Committee of the Whole the matter of the rezoning of both sides of Seven Mile, East of Shadyside in the Southwest 1/4 of Section 3 On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #894-88 RESOLVED, that having considered a letter from Mr. and Mrs Alan Starks, 13969 Lyons, Livonia, Michigan and having also considered the report and recommendation of the Director of Building Inspection, dated September 14, 1988, approved for submission by the Mayor in connection therewith, the Council does hereby receive and file these items for the information of the Council . 24453 Councilman Ochala gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 6 04.040 AND 6 04.370 OF TITLE 6, CHAPTER 04 (DOGS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED NOTE. Paragraph E Insurance of 6.04 370 of the proposed ordinance amendment is hereby deleted. 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 Ochala, seconded by Councilman Bishop, and unanimously adopted, it was #895-88 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 24, 1988, with regard to the responsibility of pet owners to remove animal feces from public property, the Council does hereby request that the Department of Public Works post signs in public parks where appropriate which give notice pursuant to Section 12.20.110 of the Livonia Code of Ordinances, as amended, that pets are prohibited from running at large or depositing waste that is not removed and disposed of On a motion by Councilwoman McCotter, seconded by Councilman Taylor, it was #896-88 RESOLVED, that the Council does hereby request that the Department of Law and the Legislative Committee submit their respective reports and recommendations with regard to the preparation of an ordinance amendment which would provide that pet owners are responsible for feces deposited in the City at large (an area not covered by Section 12 20 110 of the Livonia Code of Ordinances ) A roll call vote was taken on the foregoing resolution with the following result L AYES Toy, McCotter, Taylor, Jurcisin, Feenstra. NAYS Bishop, Ochala. The President declared the resolution adopted. 24454 On a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #897-88 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated August 24, 1988, and submitted pursuant to Council Resolution 675-88 in connection with a communication from the Mayor, dated June 30, 1988, and submitted pursuant to Council Resolution 531-88 in connection with a proposal to provide notification to property owners within 1000' of a lot split, the Council does hereby request a report and recommendation from the City Planning Department for establishing guidelines for public hearings to be conducted in connection with lot splits On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #898-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 1 , 1988, and submitted pursuant to Council Resolution 632-88, in connection with a communication from the City Assessor, dated June 2, 1988, approved for submission by the Mayor, with regard to a request from Carl Thomas, 14682 Pine, Box 68, Brethren, Michigan 49619, for a proposed division of Tax Item No 46 124 99 0023 001 into four parcels, the Council does hereby determine to deny this request and to take no further action On a motion by Councilwoman Toy, seconded by Councilman Ochala, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 1 , 1988, and submitted pursuant to Council Resolution 520-88, in connection with a communication from the City Planning Commission, dated March 29, 1988, which sets forth its resolution 3-44-88 adopted on March 22, 1988, with regard to Petition 88-2-1-2, submitted by the City Planning Commission for a change of zoning on property located on the north side of Five Mile Road, east of I-96 Freeway in the Southwest 1/4 of Section 18, from R E to P S. , and the Council having conducted a public hearing with regard to this matter on May 25, 1988, pursuant to Council Resolution 356-88, the Council does hereby concur in the recommendation of the Planning Commission and the said 24455 ' LPetition 88-2-l-2 i3 herebv apprOved and grant8d, and thg Citv Planner is hereby instructed to cause the necessary map for' publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES Toy, Ochala, JUrcisiD, NAYS Bishop, McCotter, Taylor, Feenstra. The President declared the resolution denied On a motion by Councilman Taylor, seconded by Councilwoman McCotter, it was #899-80 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 1988, and sVb0itt8d pUrsuant to COunCil ReSolutiqn 52O-88, iU coOnectiVn with a cVmmunicatiVO from the Citv PlanOing Li , Co0missioO, dated March 2Q, lQ8Q, which sets forth its rgsOlution 3-44-88 adopted on March 22, 1988, with regard to Petition 88-2-1-2* submitted by the City Planning Commission for a change of zoning on property located on the north side of Five Mile Road, east of 1-96 Freeway in the Southwest 1/4 of Section 18, from R E to P S , and the Council having conducted a public hearing with regard to this matter on May 25, 1988, pursuant to Council Resolution 356-88, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 88-2-1-2 is hereby d8ni8d. A roll call vote was taken on the foregoing resolution with the following result. AYES Bishop, McCotter, Taylor, Feenstra. NAYS Toy, Ochala, Jurcisin The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, it was #900~80 RESOLVED, that the Council does hereby refer to the NL_ Streets, Roads and Plats Committee, for its report and recommendation, the subject of the rezoning of the property 24456 1:11 located on the North side of Five Mile Road, immediately East of the I-96 Freeway in the Southwest 1/4 of Section 18 from R E to a more appropriate zoning classification. On a motion by Councilwoman McCotter, seconded by Councilman Ochala, it was 1901-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 1 , 1988, and submitted pursuant to Council Resolution 521-88, in connection with a communication from the City Planning Commission, dated March 29, 1988, which sets forth its resolution 3-45-88 adopted on March 22, 1988, with regard to Petition 88-2-1-3, submitted by the City Planning Commission for a change of zoning on property located on the northwest corner of Five Mile Road and Levan Road in the Southwest 1/4 of Section 17, from C-1 to P S , and the Council having conducted a public hearing with regard to this matter on May 25, 1988, pursuant to Council Resolution 356-88, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 88-2-1-3 is hereby denied. L A roll call vote was taken on the foregoing resolution with the following result AYES McCotter, Taylor, Ochala, Feenstra. NAYS Toy, Bishop, Jurcisin The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #902-88 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 7, 1988, the Council does hereby authorize and approve the use of the fabric referred to as Garnet 2BRS - from Group 2B Beamont fabric book from Krueser Co to be placed on the chairs in the Civic Center Library Auditorium Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 31 OF THE ZONING MAP OF THE CITY OF LIVONIA AND 16 AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 88-4-1-10) 24457 limThe 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 . Councilwoman McCotter gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 5 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 88-5-1-13) 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. L The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . Councilman Bishop gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 5 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ORDINANCE" BY ADDING SECTION 3. THERETO. (Petition 88-5-1-14) 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 . Councilman Taylor gave first reading to the following Ordinance• iiip AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 24459 #904-80 RESOLVED, that having considered a letter from Lillian L RevnOlds, d8ted AugVst 2l , l988, rgquSsting a sep*rate water meter in connection with the use of water with regard to sprinkling of lawns and swimming pools, the Council does hereby refer this item to the Mayor for his report and recommendation. On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was 1905-80 RESOLVED, that having considered a letter from the President of Toolco Inc , 36082 Industrial Road, Livonia, Michgian 48150, dated August 31 , 1988, wherein it is indicated that Toolco Inc. intends to transfer facilities from the aforesaid location in Livonia to Plymouth Township, Michigan, and it further indicates that Toolco Inc desires to obtain a 1974 P.A 198 exemption for the Plymouth Township facility, the Council does hereby consent to the transfer as herein requested, 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 Bishop, seconded by Councilman Taylor, it was #906-80 RESOLVED, that the Council does hereby request that the Committee of the Whole submit its report and recommendation on the subject of developing a strategy which would discourage the practice of industrial firms who desire to transfer their facilities to another community in order to obtain a 1974 P.A 198 exemption. A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Bishop, McCotter, Taylor, Jurcisin, Feenstra. NAYS Ochala. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #907-80 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 22, 1088, and the report and recommendation of the Chief of Police, dated August 18, 1988, in connection therewith, the Council does hereby ��/ approve of the request of Rose Kopanakis, stockholder in Galaskis, 24458 543, AS AMENDED, KNOWN AND CITED AS "THE N� CITY OF LIVONIA ZONING ORDINANCE" BY ADDING --- SECTION 3. THERETO. (Petition 88-5-1-15) 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 . Councilman Ochala gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 88-6-3- 1 \ 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 1111. meeting of the COVncil . On a motion by Councilman Taylor, seconded by Councilman Bishop, it was 003-80 RESOLVED, that having considered a letter from Lillian Reynolds, dated August 21 , 1988, requesting a separate water meter in connection with the use of water with regard to sprinkling of lawns and swimming pools, 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 wit the following result AYES: Bishop, McCotter, Taylor, Jurcisin NAYS Toy, Ochala, Feenstra. The President declared the resolution adopted. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, iim and unanimously adopted, it was 24460 Inc. to transfer ownership of a 1987 SDM licensed business from � Kopanakis, 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. On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #908-80 RESOLVED, that having considered a communication from the City Engineer, dated April 25, 1988, approved for submission by the Mayor, to which is attached a Final Order of Abatement issued by the Michigan Department of Natural Resources, Water Resources Commission, on July 21 , 1988, which order contains a compliance schedule and requirements for the sanitary sewer improvements necessary in Livonia as part of the regional North Huron Valley/Rouge Valley Sanitary Sewage Disposal System Project, the Council does hereby authorize the Mayor, for and on behalf of the City of Livonia, to execute the Final Order of Abatement, as well as to do all other things necessary or incidental to the full performance of this resolution. On a motion by Councilman Ochala, seconded by Councilman Jurcisin, and unanimously adopted, it was 1909-88 RESOLVED, that having considered the report and recommendation of the Planning Director and the City Engineer, dated August 26, 1988, approved for submission by the Mayor, and submitted pursuant to Council Resolution 727-88 in connection with a communication from the City Assessor, dated July 14, 1088, approved for submission by the Mayor, with regard to a request from Mr. James Harper 20506 Hugh, Livonia, Michigan and in accordance with the provisions of 1967 P.A. 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 of Tax Item No. 46 006 99 0026 000 into two parcels, the legal descriptions of which shall read as follows Parcel A The W 1/2 of E 270 0 Ft. of West 300.0 Ft. of S 2 Acres of the S 1/2 of the S 1/2 of the E 1/2 of the E 1/2 of NW 1/4 Sec. 2 0 41 Acres more or less Parcel B The E 270 0 Ft. of W 300 0 Ft. of S 2 Acres of the S 1/2 of the S 1/2 of the E 1/2 of the E 1/2 of NW 1/4 Sec 2, excluding �m� the W 1/2 thereof. 0.41 Acres more or less 24461 Ni 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, as well as based upon the understanding and condition that the aforesaid property owner will dedicate the 20' right-of-way on Pembroke required with respect to to both parcels in order to complete the City right-of-way requirements in this regard. On a motion by Councilman Ochala, seconded by Councilman Taylor, it was #910-88 RESOLVED, that having considered a communication from the City Planning Commission, dated July 25, 1988, which transmits its resolution 7-123-88, adopted on July 12, 1988, with regard to a sign permit application submitted by Westin Development Company for a monument sign for the Livonia Plaza Shopping Center located on Five Mile Road at Bainbridge, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin, Feenstra NAYS Toy, Bishop, McCotter The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, it was #911-88 RESOLVED, that having considered the report and recommendation of the Mayor, dated August 25, 1988, which bears the signature of the Director of Finance, and to which is attached a letter from the Executive Director of the Conference of Western Wayne which sets forth the City' s membership dues for 1988-1989 in the amount of $4,894.42, the Council does hereby approve and authorize the payment of the same from funds previously appropriated for this purpose 24462 On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #912-88 RESOLVED, that having considered a communication from the City Clerk, dated August 30, 1988, which bears the signature of the Finance Director, the Council does hereby appropriate a sum not to exceed $17,500.00 from the Unexpended Fund Balance Account to be transferred to Account 101-263-730-000, the purpose of which is to provide funding necessary to cover mailing expenses for absentee ballots for the balance of the 1988 Fiscal Year On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 308 for the proposed street improvement consisting of placing approximately four inches of asphalt over the existing roadway, 20 ft. to 22 ft wide (Alternate IV) in the Golden Ridge Subdivision in the East 1/2 of Section 31 , in the City of Livonia, Wayne County, Michigan, as required by the provisions of the lbw City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Thursday, September 1 , 1988 at 8:00 P M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 308, 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 August 9, 1988, in the amount of $187,669 20, 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 308 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 24463 the rate of eight (8%) per cent 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) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10 00) as possfble. The first installment shall be due and payable December 1 , 1989 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 �L as provided by said Section 3 08.180. 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 1989 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 , 1988, and thereafter one (1 ) installment shall be spread upon each annual tax roll together with one (1 ) year' s interest upon all unpaid installments, provided, however, that when any annual installment Shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty /60\ day period as provided by Section 3.08.200, or after the expiration of the sixty (60) day period as provided by Section 3 08.220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, and (6) The City Council does hereby determine to pay for 40 1 f. (Parcel 124-01-0378-000\ at $12 00 /$480 OO\, 15% of the paving costs /$33,202.801 , and 100% of the drainage costs /$14,400.00\ for a total amount of $48,082,80. 24464 lin On a motion by Councilman Ochala, seconded by Councilman Jurcisin, it was Resolved, that the Council does hereby substitute the following resolution in lieu of the foregoing. RESOLVED, that the City Engineer, having filed with the City Clerk a statement dated March 17, 1988 pursuant to Council Resolution 486-87, adopted on June 3, 1987, and in accordance with the provisions of Section 3.08.060 of Title 3, Chapter 8, of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed street improvement of Golden Ridge Subdivision in the East 1/2 of Section 31 , City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on September 1 , 1988, pursuant to Council Resolution 804-88, after due notice as required by Title 3, Chapter 8 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for the proposed improvement A roll call vote was taken on the motion to substitute with the following result AYES Ochala, Jurcisin NAYS Toy, Bishop, McCotter, Taylor, Feenstra The President declared the resolution to substitute denied. The President relinquished the Chair to the Vice President at 9:30 P M. to speak to the issue. The President resumed the Chair at 9:34 P M. On a motion by Councilman Ochala, seconded by Councilman Taylor, it was RESOLVED, that the Council does hereby substitute the following resolution in lieu of the foregoing RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 17, 1988 on all matters required by Sections 3 08.060 of the Livonia Code of Ordinances, 24465 as amended, and a first public hearing having been held thereon on May 25, 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 a 31 ' wide full-depth asphalt pavement (approximately 7-1/2" thick) with concrete curbs and gutters (Alternate II) in Golden Ridge Subdivision, in the East 1/2 of Section 31 , 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 17, 1988, (4) determine that the estimated cost of such improvement is $950,590.00, (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 15% of paving (or $110,676 00)and 100% of the drainage (or $212,750.00) and the additional sum of $1 ,600.00 for 40 1 .f (Parcel 124-01-0378-000), and that the balance of said cost and expense of said public improvement amounting to 84 8% of paving ($625,564.00) 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 the assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments 110 shall be levied as follows A special assessment district in the E 1/2 of Section 31 T 1 S. , R. 9 E , City of Livonia, Wayne County, 24466 Michigan, described as containing the property shown on the Proposed Assessment Roll 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 by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and (10) 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 Iwo thereon pursuant to Section 3.08.110 of the said code (11 ) that Council Resolution 576-88, adopted on June 22, 1988, is hereby repealed and rescinded. A roll call vote was taken on the motion to substitute with the following result AYES McCotter, Taylor, Ochala, Jurcisin NAYS Toy, Bishop, Feenstra The President declared the resolution to substitute adopted A roll call vote was then taken on the substitute resolution as follows #913-88 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 17, 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 May 25, 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, 24467 (2) determine to make the road improvement consisting of a 31 ' wide full-depth asphalt pavement (approximately 7-1/2" thick) with concrete curbs and gutters (Alternate II ) in Golden Ridge Subdivision, in the East 1/2 of Section 31 , 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 17, 1988, (4) determine that the estimated cost of such improvement is $950,590.00, (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 low improvement to be borne and paid by the City shall be 15% of paving (or $110,676 00) and 100% of the drainage (or $212,750 00) and the additional sum of $1 ,600 00 for 40 1 f (Parcel 124-01-0378-000) , and that the balance of said cost and expense of said public improvement amounting to 84.8% of paving ($625,564 00) 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 the assessments made for such improvement may be paid in fifteen (15) 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 E 1/2 of Section 31 T. 1 S. , R 9 E , City of Livonia, Wayne County, Michigan, described as containing the property shown on the Proposed Assessment Roll 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 by the Council and to assess to each such lot or 24468 parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and (10) 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 Section 3.08 110 of the said code. (11 ) that Council Resolution 576-88, adopted on June 22, 1988, is hereby repealed and rescinded AYES McCotter, Taylor, Ochala, Jurcisin. LNAYS Toy, Bishop, Feenstra The President declared the substitute resolution adopted * On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was #914-88 RESOLVED, that the Council does hereby request that the Public Service Division submit a report and recommendation based upon a survey of the Golden Ridge Subdivision relative to water drainage, water pressure and road grading problems. On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was 1915-88 RESOLVED, that pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 308, more particularly described in Council Resolution 390-88 adopted on April 20, 1988, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council L has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, 24469 such roll having been prepared on the basis of street lighting being installed in Bobrich Circle Subdivision, located in the Southeast 1/4 of Section 11 , City of Livonia, Wayne County, Michigan, in said Special Assessment District No. 308, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with 100-watt high pressure sodium lights on davitt poles with underground wiring and that the assessments set forth in said Special Assessment District No. 308 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council , said Special Assessment Roll No. 308 based on installation of 100-watt high pressure sodium lights on davitt poles with underground wiring is hereby approved and confirmed in all respects, 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 assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #916-88 RESOLVED, that pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 309, more particularly described in Council Resolution 430-88 adopted on May 4, 1988, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Carrington Estates Subdivision, located in the Northwest 1/4 of Section 9, City of Livonia, Wayne County, Michigan, in said Special Assessment District No. 309, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with 100-watt high pressure sodium lights with colonial post tops with underground wiring and that the assessments set forth in said Special Assessment District No. 309 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City 24470 iimCouncil , said Special Assessment Roll No. 309 based on installation of 100-watt high pressure sodium lights with colonial post tops with underground wiring is hereby approved and confirmed in all respects, 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 assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was 1917-88 RESOLVED, that pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 310, more particularly described in Council Resolution 391-88 adopted on April 20, 1988, as required by the provisions of the City Charter and Title 3, Chapter 8 of 1mi the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in the Martin Villa Subdivision, located in the Northeast 1/4 of Section 8, City of Livonia, Wayne County, Michigan, in said Special Assessment District No. 310, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with 100-watt high pressure sodium lights with colonial post tops with underground wiring and that the assessments set forth in said Special Assessment District No 310 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council , said Special Assessment Roll No. 310 based on installation of 100-watt high pressure sodium lights with colonial post tops with underground wiring is hereby approved and confirmed in all respects; 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 assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, 1.1 as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose 24471 lus On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was 1918-88 RESOLVED, that pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 311 , more particularly described in Council Resolution 486-88 adopted on May 18, 1988, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment. roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Pine Creek Subdivision, located in the Southwest 1/4 of Section 9, City of Livonia, Wayne County, Michigan, in said Special Assessment District No. 311 , NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with 100-watt high pressure sodium lights on davitt poles with underground imp wiring in the Pine Creek Subdivision and that the assessments set forth in said Special Assessment District No 311 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council ; said Special Assessment Roll No. 311 based on installation of 100-watt high pressure sodium lights on davitt poles with underground wiring is hereby approved and confirmed in all respects, 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 assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was 1919-88 RESOLVED, that having considered a communication dated August 25, 1988, from the Department of Law transmitting for Council acceptance two Grants of Easement, more particularly Ldescribed as: 24472 (1 ) Grant of Easement dated August 12, 1988, executed L by Plymouth Woods Apartments, A Michigan Partnership, by Sanford L Perlman, Partner, for An easement for sanitary sewers on, over and across part of the S.W. 1/4 of Section 30, T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, said easement being 12 00 feet in width and being 6.00 feet on either side of the following described centerline: Beginning at a point distant N. 89v09' 16" W. , 143.01 feet; and due North 295.62 feet from the S. 1/4 corner Of Section 30, T.1S. ,R-9E. , and proceeding thence along the centerline of said easement 12,00 feet in width N. 65^47/ 19x W. , 245 54 feet, thence N. 07»32'20o W. , 262. 20 feet to a point at which the easement splits into two legs, one leg of which bears N 30^26' 30" E. , 152.00 feet to its terminus, the other leg of which bears N. 43"07'09" W. , 119.73 feet, and N 76°34' 57" W. , 136 48 feet, to a point at which the easement splits into two legs, one leg of which bears N. 05vl7/00" W. , 208 20 feet, and N 74"54/ 40x W. , 268.00 feet to its terminus, the other leg of which bears S. 16o27'0l " W. , 113 49 feet, and N. 73"44' 29" imp W. , 208.00 feet, and N. 84^06' 24", W. , 162,47 feet to its terminus. (2) Grant of Easement dated August 12, 1988, executed by Plymouth Woods Apartments, A Michigan Partnership, by Sanford L. Perlman, Partner, for An easement for water main on, over, and across part of the S W. 1/4 of Section 30, T lS, ,R,9E , City of Livonia, Wayne County, Michigan, said easement being 20.00 feet in width and lying 10 00 feet on either side of the following described centerline Beginning at a point distant N. 89"09' 16o W. , 143,01 feet and due North 219.62 feet from the S. 1/4 corner Of Section 30, T.15 ,R.9E , and proceeding thence along the centerline of said easement 20,00 feet in width, due West 10.00 feet, thence due North 187,57 feet, thence S. 89p05' l0x W. , 131 . 50 feet, thence on a curve concave to the East radius 163.50 feet, central angle 50"00'33", (the chord of said curve bears N. 27°55'06" W. , 138.22 feet) a distance of 142.71 feet, thence N. 02"54' 50" W. , 125.26 feet, thence N. 42"02' 10" W. , 287.96 feet to a point where the easement splits into two legs, one leg of which bears N. l2^02/04o W. , 96.62 feet and N. 71 "30/00», Imp E, , 94.38 feet to its terminus, the othSr leg nf which bears S. 83°30'00" W , 141 .08 feet, and on a curve 24473 lbw to the right radius 248 50 feet, central angle 40°49' 10" (the chord of said curve bears N 76°05'45" W , 173.32 feet), a distance of 177.04 feet, and on a curve to the left radius 238 36 feet, a central angle 28°50'05" (the chord of said curve bears N. 70°05' 53" W , 118 69 feet), a distance of 119.96 feet, and N 00°18' 34" W. , 223.20 feet, and N 15°25' 40" E. , 110.75 feet to the point of ending of said easement, (said point of ending being the Southerly line of Plymouth Road 120.00 feet wide). the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to the fulfill the purpose of this resolution On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #920-88 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 Councilwoman McCotter, seconded by Councilman Jurcisin, and unanimously adopted, it was #921-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 12, 1988, and submitted pursuant to Council Resolution 648-88 in connection with a communication from the City Planning Commission, dated May 11 , 1988, which sets forth its resolution 4-67-88, adopted on April 26, 1988, with regard to Petition 88-3-1-6, submitted by Daniel Ryan for Barbara L Evans and Janet M Clugston, for a change of zoning on property located on the southeast corner of Brookfield and Lyndon in the Southwest 1/4 of Section 22, from RUF to R-1 , as amended to R-1B, and the Council having conducted a public hearing with regard to this matter on June 29, 1988, pursuant to Council Resolution 501-88, the council does hereby concur in the recommendation of the Planning Commission and the said Petition 88-3-1-6 is hereby approved and granted, as amended, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved lbeand to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution 24474 LOn a motion by Councilman Ochala, seconded by Councilman Taylor, it was #922-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 12, 1988, and submitted pursuant to Council Resolution 761-88 in connection with a letter from the Michigan Liquor Control Commission, dated May 6, 1988, and the report and recommendation of the Chief of Police, dated August 2, 1988, the Council does hereby approve of the request of Pearl M. Vorgitch and Michael J. Vorgitch, stockholders in Kirk' s Kwik Stop, Inc. for transfer of ownership of a 1987 SDM only of a 1987 SDD-SDM licensed business with off-premise storage from Richard P. George, for a business located at 38675 Ann Arbor Road, Livonia, Michigan 48150, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES Toy, McCotter, Taylor, Ochala, Jurcisin. NAYS: Bishop, Feenstra. The President declared the resolution adopted. On a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, it was 1923-88 RESOLVED, that having considered a letter from James T. Hovey, 9815 Berwick Avenue, Livonia, Michigan 48150, dated September 14, 1988, requesting permission to close the third block of Berwick, from Orangelawn to to West Chicago, on September 24, 1988 from 1 .00 P.M. to 7 00 P.M. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, this 1 ,136th Regular Meeting of the Council of the City of Livonia was adjourned at 10:10 P.M. , September 14, 1988. Robert T-----Nash, City CM-4.--