Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1987-11-23 23766 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND SIXTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 23, 1987, 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 Robert E. McCann, Joan McCotter, Fernon P Feenstra, Robert R. Bishop, Gerald Taylor, Robert D. Bennett and Ron Ochala, Absent: None. Elected and appointed officials present. Robert F Nash, City Clerk, Harry Tatigian, City Attorney, John Nagy, Planning Director, Raul Galindo, City Engineer; David Preston, Finance Director, Marilyn Kazmer, Director of Legislative Affairs, Ron Reinke, Superintendent of Parks and Recreation, Jeanne Treff, Cable TV Director and John J. Fegan, Director of Building Inspection. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #1115-87 RESOLVED, that the minutes of the 1 ,115th Regular Meeting of the Council of the City of Livonia, held November 16, 1987 are hereby approved. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #1116-87 RESOLVED, that having considered a letter from John Musico, 19215 Purlingbrook, Livonia, Michigan 48152, dated November 9, 1987, to which is attached a petition signed by certain residents requesting a street improvement on Purlingbrook, North of Seven Mile Road, the Council does hereby request that the Engineering Department submit its report and recommendation with regard to this item, including therein the alternative road improvement options that may be available in this and similar cases #1117-87 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated October 30, 1987, approved for submission by the Mayor Pro Tem, and to which 23767 L is attached a Schedule of Budget Adjustments which reflect changes of $46,453 00 in the library fund, and $13,418.00 in the general fund, the Council does hereby concur in and approve of such action. #1118-87 RESOLVED, that having considered the report and recommendation of the Director of Building Inspection and the Director of Public Works, dated October 29, 1987, which bears the signature of the Director of Finance and is approved for submission by the Mayor Pro Tem, the Council does, pursuant to paragraph 3 of the current contract between the City of Livonia and Pritula & Sons Excavators, which was previously authorized in Council Resolution 337-85, adopted on May 8, 1985, extend for a one (1 ) year period to cover 1988, the weed cutting contract, based upon the same terms and conditions as were previously in effect in 1985, and extended to include 1986 and 1987. #1119-87 RESOLVED, that having considered the report and recommendation of the Department of Law, dated November 12, 1987, and submitted pursuant to Council Resolution 277-87 in connection with a letter from Denis A. Tapper, 27427 Long, Livonia, Michigan 48152, dated March 20, 1987, wherein an interest is indicated in the purchase of certain vacant property owned by the City of Livonia, being Lot 41 of the Argonne Subdivision, the Council does hereby determine to take no further action with respect to this item 11120-87 RESOLVED, that having considered the report and recommendation of the Department of Law, dated November 12, 1987, and submitted pursuant to Council Resolution 236-87 in connection with a letter from Earl Goodwin, 11724 Cardwell , Livonia, Michigan 48150, dated February 27, 1987, indicating an interest in purchasing Lot 375 of Schanhites Marquette Manor Subdivision located at 11684 Cardwell , Livonia, Michigan, the Council does hereby determine to take no further action with respect to this item. 11121-87 RESOLVED, that having considered the report and recommendation of the Department of Law, dated November 12, 1987, and submitted pursuant to Council Resolution 581-87, in connection with a letter from Mario Kobal , 29071 Sunnydale, Livonia, Michigan 48154, dated May 14, 1987, which indicates an interest in the purchase of certain City-owned property located at 29091 Sunnydale, being Lot 228 of the Supervisor' s Livonia Plat No 3 (051-01-0228-000), the Council does hereby determine to take no further action with respect to this item. 11122-87 RESOLVED, that having considered a communication from the Mayor Pro Tem, dated November 16, 1987, which bears the signature of the Finance Director, and to which is attached Invoice B 5758, submitted by Harold Thomas Nursery, Inc. , in 23768 the amount of $5,992.00 for certain landscaping which was completed relative to 28663-28691 Plymouth Road, in connection with the 1987 Roads and Beautification project, the Council does hereby approve and authorize the payment of same, further, the Council does hereby authorize the said item without competitive bidding, 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. #1123-87 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, January 6, 1988, at 8 00 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items 1 . Petition 87-9-1-33, submitted by Jerry and Joanne Rodzewicz, for a change of zoning on property located on the West side of Brentwood Avenue, between Seven Mile Road and Pembroke Avenue, in the S W. 1/4 of Section 1 from R-1 to RUF, the City Planning Commission in its Resolution 10-244-87 having recommended to the City Council that Petition 87-9-1-33 be approved, 2. Petition 87-9-1-34, submitted by Maria R Balleza, for a change of zoning on property located on the East side of Newburgh Road between Joy Road and Ann Arbor Trail , in the S.W. 1/4 of Section 32, from RUF to R-1 , the City Planning Commission in its Resolution 10-245-87, having recommended to the City Council that Petition 87-9-1-34 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/or (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. L #1124-87 WHEREAS, the City Clerk has received an Application* from Roma' s of Michigan, Inc. , dated September 11 , 1987, covering *for Industrial Facilities Exemption Certificate 23769 ibm new industrial facilities to be located within City of Livonia Industrial Development District No. 43, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 . The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended. 2. The City Clerk shall contact each of the affected taxing units and, (i ) indicate the Council ' s interest in this matter, and (ii ) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii ) advise the said taxing units of this Council ' s desire to hold a hearing on this Application on Wednesday, January 6, 1988 at 8 00 P M at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan 3. The Council hereby sets Wednesday, January 6, 1988 at 8.00 P.M. at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on this Application. A roll call vote was taken on the foregoing resolutions with the following result• AYES Ochala, McCotter, Feenstra, Bishop, Taylor, Bennett, McCann NAYS None Councilman Ochala took from the table and gave second reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 87-7-3-7) A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, McCotter, Feenstra, Bishop, Taylor, Bennett, McCann. NAYS None. The President declared the Ordinance duly adopted 23770 issCouncilwoman McCotter took from the table, for second reading and adoption, the following Ordinance• AN ORDINANCE AMENDING SECTION 010 OF CHAPTER 16 (PARKS AND PLAYGROUNDS) OF TITLE 12 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SUBSECTIONS 45, 46 and 47 THERETO. A roll call vote was taken on the foregoing Ordinance with the following result. AYES Ochala, McCotter, Feenstra, Bishop, Taylor, Bennett, McCann. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 010 THROUGH 100 AND REPEALING SECTIONS 110 THROUGH 200 OF CHAPTER 32 (NOISE) OF 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, McCotter, Feenstra, Bishop, Taylor, Bennett, McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 300 (c) OF CHAPTER 04 (BUILDING CODES) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 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 23771 Imo The above Ordinance was placed on the table for consideration at the next regular meeting of the Council On a motion by Councilman Bishop, seconded by Councilman Bennett, it was 11125-87 RESOLVED, that having considered a letter from Richard L. Shriner, dated September 17, 1987, with regard to the street improvement on Terrence (Middlebelt to Harrison in Section 13), the Council does hereby determine to revise and amend the special assessment levied with respect to Lot 345-003 of the Supervisor' s Livonia Plat No. 5 on the basis of a 291 ft. assessment rather than that originally levied in Special Assessment District No 285, pursuant to Council Resolution 614-87 adopted on July 1 , 1987, and the City Treasurer is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES. Ochala, McCotter, Bishop, Bennett, McCann. NAYS. Feenstra, Taylor. The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Feenstra, it was #1126-87 RESOLVED, that having considered a communication from the City Planning Commission, dated October 9, 1987, which transmits its Resolution 9-230-87, adopted on September 29, 1987, with regard to a sign permit application submitted by Lucy D'Orazio for approval to erect a new ground sign on an existing pole located at 33529 Seven Mile Road, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application subject to compliance with the same condition set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES. Ochala, Feenstra, Bishop, Taylor, Bennett. NAYS: McCotter, McCann. The President declared the resolution adopted 23772 On a motion by Councilman Bishop, seconded by Councilman Feenstra, it was RESOLVED, that having considered a communication from the City Assessor, dated October 29, 1987 , approved for submission by the Mayor Pro Tem, with regard to a request from CBS/FOX, 39000 Seven Mile, 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 of Tax Item No. 46 023 99 0001 000 (O6K1B 2A1A 2A1B 2A1C) into three parcels, the legal descriptions of which shall read as follows DESCRIPTION OF PARCEL 1 A parcel of land being a part of the S.W. 1/4 of Section 6, T. 1S. , R. 9E. , City of Livonia, Wayne County, Michigan described as follows: Commencing at the S W. corner of Section 6, T. 1S. , R. 9E. , City of Livonia, Wayne County, Michigan and proceeding thence N. 01051 '00" E , 922.71 feet along the West line of said Section and N 87°11 '00: E. , 60.20 feet to THE POINT OF BEGINNING AND PROCEEDING THENCE N. 01 °51 '00" E. , 1 ,122.81 feet, thence S. 88°47'02" E. , 848.29 feet, thence S. 00°32' 50" E. , 239.91 feet, thence S. 04°54' 13" W. , 620.00 feet; thence S. 20°45'47" E. , 190 00 feet, thence S. 24°54'13" W. , 350 00 feet, thence S 04°35'47" E. , 41 .82 feet, thence N. 85°24' 13" E. , 183.49 feet, thence S. 02°15'12" E. , 308.12 feet, thence S. 29°16'42" W. , 173.19 feet, thence N. 40°27'09" W. , 27.00 feet, thence N. 88°14'49" W. , 50.00 feet, thence S. 01 °45' 11 " W. , 20 00 feet, thence N. 88°14'49" W. , 96.86 feet, thence S. 01°45' 11 " W. , 160.00 feet, thence N. 88°14' 49" W. , 239.90 feet, thence N. 88°09'00" W. , 270.89 feet, thence 97.82 feet along the arc of a curve to the right having a radius of 190 56 feet passing through a central angle of 29°24'42" with a long chord bearing N. 73°26' 39" W. , 96.75 feet, thence N. 58°44' 18" W. , 109.79 feet; thence 53.58 feet along the arc of a curve to the right having a radius of 50.67 passing through a central angle of 60035' 18" with a long chord bearing N. 28°26' 39" W. , 51 .12 feet, thence N. 01051 '00" E. , 544.61 feet, thence N. 87°11 '00" E. , 150.00 feet, thence N. 01°51 '00" E , 200 00 feet, thence S. 87°00'27" W. , 150.00 feet to the point of beginning and containing 38.326 acres of land more or less DESCRIPTION OF PARCEL 2 imm A parcel of land being a part of the S.W. 1/4 of Section 6, T. 1S. , R. 9E. , City of Livonia, Wayne County, Michigan described as follows 23773 Commencing at the S W. corner of Section 6, T. lS. , R. 9E. , N� City of Livonia, Wayne County, Michigan and proceeding thence S. 88v14'49x E. , 947 38 feet along the South line of said Section and N. 01v45' 11x E. , 60 00 feet to the point of beginning and proceeding thence N. 03"0O' 58" E. , 160,04 feet, thence N. 29«18' 42n E , 173,19 feet, thence N. 02»l5' l2x W. 308 12 feet thence S. 85"24' 13" W. , 183.49 feet, thence N. 04° 35' 47" W. , 41 82 feet, thence N. 24"54' 13" E. , 350 00 feet; thence N. 20v45' 47n W. , 190.00 feet, thence N. 04«54' 13n E. , 592.98 feet, thence S. 50o47'02" E. , 75.48 feet, thence S. 84°29/ 49» E. , 165 30 feet, thence N. 15"30' lln E. , 325.68 feet, thence S. 88v47/02» E. , 548,01 feet, thence 49.33 feet along the arc of a curve to the right having a radius of 5,593 58 feet passing through a central angle of 00"30'19" with a long chord bearing S. 22°23' 29" E. , 49.33 feet, thence S. 16^42' 14n E. , 173,87 feet, thence S. 02"03' l6x W. , 886.13 feet, thence S. 24^29' 57" W. , 175,73 feet; thence S. 35^22' l0'/ W. , 443 28 feet; thence S. 01^45/ 11 " W. , 213.05 feet, thence S. 46»45' 1ln W. , 176,78 feet; thence N. 88"l4'49x W. , 210.00 feet, thence S. 01 *45'll " W. , 40,00 feet, thence N. 88»14'49x W , 248.95 feet to the point of beginning and containing 35.023 acres of land more or less. DESCRIPTION OF PARCEL 3 l Vf land being a part of thS 3.W. l /4 of 3ectioO O, T. lS, , R, 9E, , Citv of LiVqnia, Wayne Countv, Michigan describgd LA as follows: Commencing at the S W. corner of Section 6, T. 1S. , R. 9E. , City of Livonia, Wayne County, Michigan and proceeding thence N. 01"51 /OOx E. , 2,049.75 feet along the west line of said Section and S. 88p47'02o E. , 908 29 feet to the point of beginning and continuing thence S. 88v47'02x E. , 23. 12 feet, thence N. 01^47/ 48" E. , 542.91 feet, thence S. 88"47/02n E. 596 14 feet, thence 594 02 feet along the non-tangent arc of a curve to the right having a radius of 5,593 58 feet passing through a central angle of 06»05/05o with a long chord bearing S 22"38' l6" E. , 593.74 feet; thence N. 88°47/02x W , 548,01 feet, thence S 15*30' l1 " W. , 325.68 feet, thence n. 84"29/ 490 W. , 165,30 feet, thence N. 59»47'02x W. , 75 48 feet, thence N O4u54' 13n E , 27 04 feet; thence N. 00^32' 50x W. , 239.91 feet to the point of beginning and containing 10,930 acres of land more or less. DESCRIPTION OF INGRESS-EGRESS EASEMENT A 66 ft. wd, ingress-egress easement being part of the SW 1/4 of Section 6, T,13 , R 9E. , City of Livonia, Wayne County, Michigan described as follows Commencing at the SW corner of Section 6, T lS R.9E. , City of Livonia, Wayne County, Michigan and proceeding thence N. 01 «57 /0O» 23774 1mm E. , 922.71 feet along the West line of said Section and N. 87°11 '00" E. , 60.20 feet and N. 01°51 '00" E. , 1038 74 feet to the point of beginning continuing thence N 01°51 '00" E. , 66.11 feet; thence N 88°28' 44" E. , 109.68 feet, thence N. 89°09'08" E. , 201 .29 feet, thence 196.27 feet along the arc of a curve to the right having a radius 357.04 feet passing through a central angle of 31 °29'46' with a long chord bearing S. 75°05' 59" E. , 193.81 feet, thence S. 59°21 '06" E. 404.15 feet, thence 4.64 feet along the arc of a curve to the left having a radius of 299.96 passing through a central angle of 00°53' 10" with a long chord bearing S 59°53' 35" E. , 4 64 feet; THENCE S. 04°54' 13' W. 7138 feet; thence 35 70 feet along the arc of a curve to the right having a radius of 365.97 feet passing through a central angle of 05°35' 22" with a long chord bearing N. 62°09' 33" W. , 35.69 feet; thence N. 59°21 '06" W. 404.15 feet; thence 159.99 feet along the arc of a curve to the left having a radius of 291 .04 passing through a central angle of 31°29' 46" with a long chord bearing N 75°05' 59" W. 157 98 feet, thence S. 89°09'08" W. 200.93 feet; thence S. 88°28' 44" W , 113.15 feet to the point of beginning and containing 1 ,386 acres of land more or less. 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. On a motion by Councilman Taylor, seconded by Councilman Bennett, it was 11127-87 RESOLVED, that having considered a communication from the City Assessor, dated October 29, 1987, approved for submission by the Mayor Pro Tem, with regard to a request from CBS/FOX, 39000 Seven Mile, Livonia, Michigan 48152, requesting a proposed division of Tax Item No 46 023 99 0001 000 (06K1B 2A1A 2A1B 2AIC) into three (3) parcels, 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, McCotter, Taylor, Bennett, McCann NAYS: Feenstra, Bishop. The President declared the resolution adopted On a motion by Councilman Ochala, seconded by Councilman Feenstra, and 23775 lim unanimously adopted, it was #1128-87 RESOLVED, that the Council does, pursuant to Section 23 01 (a) of Ordinance No. 543, request that the City Planning Commission conduct a public hearing, and thereafter submit its report and recommendation with regard to the proposed rezoning of said property located North of Seven Mile Road, East of Haggerty Road, and South of Phillips Road, from M-1 and C-2 (and P.O. ) to a more appropriate zoning classification. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #1129-87 RESOLVED, that having considered a communication from the Historic Preservation Commission, dated October 30, 1987, approved by the Finance Director, and approved for submission by the Mayor Pro Tem, with regard to the proposed restoration of the Clarenceville Cemetery Fence, the Council does hereby authorize a carry over of $9,506.00 in Account 113-736-974-000 of the 1987 budget for use in connection with this project during the 1987-1988 fiscal year. On a motion by Councilman Ochala, seconded by Councilwoman McCotter, and unanimously adopted, it was #1130-87 RESOLVED, that having considered a communication from the Department of Law, dated November 5, 1987, approved by the City Engineer and the Finance Director, and approved for submission by the Mayor Pro Tem, the Council does hereby authorize the Department of Law to acquire Newburgh Road right-of-way located in Section 31 , owned by Cornelius H Suddendorf and Evelyn M. Suddendorf, his wife, which land is more particularly described as follows. The West 27 feet of the following parcel of land Lot 746, except the North 152.75 feet thereof, Supervisor' s Livonia Plat No. 12, as recorded in Liber 66, Page 65 of Plats, Wayne County Records, said plat being a part of Section 32, T. 1 S. , R 9 E. , Livonia Township (now City of Livonia) . Wayne County, Michigan. (Newburgh Road right-of-way). (Tax Item No 46-121-01-0746-004 - 9116 Newburgh Road) subject to the following conditions. (1 ) the purchase price shall be in the sum of $53,600.00; 23776 (2) the City of Livonia shall pay for the cost of title work in the sum of $150 00, (3) the City' s portion of the prorated City, County, County Drain, School and Community College Taxes shall be in a sum not to exceed $1200 00, (4) a lease in which the purchaser shall rent this property to the sellers. Sellers shall have free occupancy from date of closing until May 1 , 1988. Sellers shall pay purchaser $300.00 a month rent thereafter and shall pay all utilities and insurance during the term of the lease. Purchaser may have possession on or after completion of the roadway widening, upon 180 days written notice to sellers (5) purchaser may remove any portion of the building needed for roadway or utility construction, provided the building area exposed by such removal is restored to weather proof condition. (6) within 120 days of sellers vacating the existing dwelling, the purchaser will demolish the same. Purchaser may freely enter upon the abutting premises of sellers to complete said demolition lis BE IT FURTHER RESOLVED, that a sum not to exceed $54,950.00 is hereby appropriated and authorized to be expended from the 7.9 Million Dollar General Obligation Road Improvement Bond Issue for the acquisition of the said right-of-way, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #1131-87 RESOLVED, that having considered a communication from the Mayor Pro Tem, dated November 12, 1987, the Council does hereby approve of and concur in the appointment of James C. McCann, 18435 Mayfield, Livonia, Michigan 48152, to the City Planning Commission, to fill the unexpired term of Jean Hildebrandt, which will expire on June 9, 1990, provided that Mr. McCann takes the oath of office as required in Chapter X of Section 2 of the City Charter, to be administered by the Office of the City Clerk. On a motion by Councilman Taylor, seconded by Councilman Bennett, it was 23777 #1132-87 RESOLVED, that having considered a communication from ifto the Superintendent of Parks and Recreation, dated November 9, 1987, approved for submission by the Finance Director and the Mayor Pro Tem, and which transmits Parks & Recreation Resolution 1929-87, wherein certain increases are recommended for greens fees at the Municipal Courses, the Council does hereby approve the following greens fees at the Municipal Courses, commencing with the 1988 season. Residents. Fees Mon-Fri 9 holes 6.50 18 holes 10.50 Sat/Sun/Hol 9 holes 7 50 18 holes 11 .50 Seniors 9 holes 3.00 18 holes 6.00 Juniors 9 holes 3 00 18 holes 6.00 Twilight 4 00 Non-resident. Mon-Fri 9 holes 8.50 18 holes 13.00 Sat/Sun/Hol 9 holes 10.50 lorm 18 holes 14.00 Twilight 5.00 Further, the Council does hereby authorize $1 00 from each round of golf to be placed in a Capital Improvement Fund to pay for improvements to the Municipal Golf Courses. A roll call vote was taken on the foregoing resolution with the following result AYES. McCotter, Taylor, Bennett, McCann NAYS: Ochala, Feenstra, Bishop The President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, it was #1133-87 RESOLVED, that having considered a communication from the City Planning Commission, dated November 4, 1987, which transmits its Resolution 10-248-87, adopted on October 27, 1987, with regard to Petition 87-9-2-44, submitted by Family Auto Care, Inc. , requesting waiver approval for an auto repair facility within an existing building located on the West side of Belden Court, North of Plymouth Road, in the S.W. 1/4 of Section 28, which property is zoned M-1 , the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 87-9-2-44 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 23778 A roll call vote was taken on the foregoing resolution with the following result: AYES Ochala, McCotter, Feenstra, Bishop, Bennett, McCann. NAYS: Taylor The President declared the resolution adopted On a motion by Councilwoman McCotter, seconded by Councilman Ochala, and unanimously adopted, it was #1134-87 RESOLVED, that having considered a communication from the City Planning Commission, dated October 6, 1987, which sets forth its Resolution 9-218-87, adopted on September 29, 1987, with regard to Petition 87-7-2-38 submitted by George Gomolak, requesting waiver use approval to utilize an SDM license within an existing retail store located on the Southwest corner of Ann Arbor Road and Knolson in the Southwest 1/4 of Section 31 , which property is zoned C-1 , and the Council having conducted a public hearing with regard to this matter on November 18, 1987, pursuant to Council Resolution 988-87, the Council does hereby concur in the recommendation of the City Planning 110 Commission and said Petition 87-7-2-38 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 11135-87 WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 5.718 acres in size, lying in the Southeast 1/4 of Section 26, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 46", and WHEREAS, written notice has been given by certified mail to Kirco Realty & Development Ltd. of the Council 's pending action 1110 on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No. 46, and 23779 WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No. 46, and WHEREAS, on November 18, 1987 a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No. 46, at which time Kirco Realty & Development Ltd. , and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council ) , and a representative of Kirco Realty & Development Ltd. attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS: 1 . An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto. 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No. 46." EXHIBIT A A parcel of land situated in the Southeast 1/4 of Section 26, T 1 S , R 9 E. , City of Livonia, Wayne County, Michigan described as commencing at the South 1/4 corner of said Section 26 and proceedings thence S 89° 58' 59" E , 656.07 feet, N 00° 20' 35" W. , 930.02 feet and S 89° 58' 59" E. , 60.00 feet to the POINT OF BEGINNING thence N 00° 20' 35" W. , 158.21 feet, thence 79.17 feet along the arc of a 100 00 foot radius curve concave to the Southeast with a central angle of 45 21 ' 32", a chord of 77 12 feet and a chord bearing of N. 22° 20' 11" E. , thence N 45° 00' 57" E. , 596.14 feet, thence N. 00° 13' 52" W. , 62 50 feet, thence N. 89° 46' 08" E , 10.25 feet, thence S. 00° 13' 52" E. , 349 22 feet, thence N. 89° 46' 38" E , 135.00 feet, thence S. 00° 13' 52" E , 364.98 feet, thence N. 89° 58' 59" W. , 597.89 feet to the POINT OF BEGINNING, containing 249,069 square feet or 5 718 acres. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was 23780 11136-87 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 299, more particularly described in Council Resolution 735-87, adopted on August 10, 1987, 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 Sunset Park Estates Subdivision in the Southeast 1/4 of Section 11 , in said Special Assessment District No 299, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that street lights shall be installed consisting of 100 watt high-pressure sodium lights on colonial post tops, with underground wiring, and that the assessments set forth in said Special Assessment District No 299 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. 299 based on installation of 100 watt high-pressure sodium lights on 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, Iwo 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 Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #1137-87 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated November 10, 1987, approved for submission by the Finance Director and the Mayor Pro Tem, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $250.00 from Livonia Soccer Booster Club, and does further authorize the use of same for improvements and beautification of Jaycee Park On a motion by Councilman Taylor, seconded by Councilman Feenstra, and Lim unanimously adopted, it was 23781 lbw #1138-87 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the Department of Law, dated November 16, 1987, and a communication from the Director of Finance, dated November 23, 1987, approved for submission by the Mayor Pro Tem, with regard to Council Resolution 761-87, which authorized the sale of certain City-owned property located at 31736 W. Chicago, Livonia, Michigan, to Jane and Brian Devlin, the Council does hereby determine to rescind and repeal Council Resolution 761-87 and authorize the Director of Finance to take new bids with respect to this property, the action herein being taken for the reasons herein indicated in the aforesaid communications. A roll call vote was taken on the foregoing resolution with the following result: AYES• Ochala, Feenstra. NAYS• McCotter, Bishop, Taylor, Bennett, McCann The President declared the resolution denied. On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was #1139-87 RESOLVED, that having considered a communication from the Department of Law, dated November 16, 1987, and a communication from the Director of Finance, dated November 23, 1987, approved for submission by the Mayor Pro Tem, the Council does hereby determine to amend Council Resolution 761-87 which authorized the sale of certain City-owned property located at 31736 W. Chicago, Livonia, Michigan, to Jane and Brian Devlin, in the amount of $58,000 00 cash, so as to permit the completion of this transaction on the basis of a two-year installment contract with 5% down and the balance at 9% interest, with a 30 year amortization, as well as based upon the immediate repair of the subject property by the expenditure of $30,000 00, and the Mayor Pro Tem and City Clerk are hereby requested to execute the aforesaid land contract, subject to approval as to form by the Department of Law, as well as to do all other things necessary or incidental to fulfill the purpose of this resolution. 23782 IwoA roll call vote was taken on the foregoing resolution with the following result AYES: McCotter, Bishop, Taylor, Bennett, McCann. NAYS: Ochala, Feenstra. The President declared the resolution adopted. On a motion by Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #1140-87 WHEREAS, the City of Livonia, State of Michigan (the "Municipality") has issued one or more series of notes pursuant to Section 3b of Chapter IV of 1943 Public Act 202, as amended, (the "Notes") identified as follows $31 ,000,000 C-TANS (Summer, 1986) , and $37,600,000 C-TANS (Winter, 1986) , and WHEREAS, the Municipality has in connection with the marketing of the Notes represented that the interest paid on the Notes would be exempt or excluded from federal income tax, and WHEREAS, the Service in its Announcement 87-64 stated. "In the case of current tax anticipation notes issued by townships and cities in Michigan before June 26, 1987, the Internal Revenue Service is willing to enter into closing agreements pursuant to Section 7121 of the Code not to tax the interest on the notes subject to the condition that the issuer pay to the Internal Revenue Service an amount that will compensate the United States for a substantial portion of the loss of federal income tax revenues attributable to the issuance of such notes," and WHEREAS, the Municipality has reviewed all relevant facts and circumstances bearing upon the Notes and the legal and factual premises relied upon by the Service, has consulted with all employees, agents, consultants and legal and financial professionals as it has determined necessary or appropriate to the adoption of this Resolution, and WHEREAS, in furtherance of the representations of the Municipality and as an agreed upon settlement of the assertion of claims with respect to the Notes, the Municipality wishes and has 23783 lbw determined that it is in the best interest of the Municipality and is reasonable and necessary to be a part of the Closing Agreement in order to avoid lengthy, costly litigation or, alternatively, pursuit of a separate resolution with the Service, and WHEREAS, the Municipality has reviewed a Participation Agreement to be entered into between the State Treasurer and the Municipality. NOW, THEREFORE, BE IT RESOLVED. 1 . The Municipality recognizes that in order to satisfy the claims and concerns of the Service it must provide payment to the Service and further recognizes that by taking advantage of the terms discussed by the State Treasurer and the Service it may avoid costly alternatives 2 The Municipality hereby consents and requests that the State Treasurer enter into a Closing Agreement on its behalf providing for settlement of the Service' s claims for a sum which requires the Municipality' s share to be no more than $241 ,494.00. 3. The Mayor Pro Tem and the City Clerk of the Municipality are hereby authorized to approve the terms of and im• to execute and deliver any and all documents necessary in connection with the carrying out of the settlement referred to in this resolution, including the Participation Agreement substantially in the form presented to this meeting, provided, however, that the final form of the closing agreement shall be subject to approval by the City Attorney and the Director of Finance. 4 The Council does hereby appropriate a sum not to exceed $121 ,000.00 from the Unexpended Fund Balance Account to be expended for this purpose 5. All resolutions and parts of resolutions in conflict with this resolution are hereby rescinded. On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, this 1 ,116th Regular Meeting of the Council of the City of Livonia was adjourned at 9 02 P M. , November 23, 1987 —11.14401 f >ha imeRobert F Nash, City Clerk