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HomeMy WebLinkAboutCOUNCIL MINUTES 1987-12-21 23824 10 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND EIGHTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 21, 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 00 P.M Councilman Feenstra 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, Cathryn Kerby White, Assistant City Attorney, John Nagy, Planning Director, Raul Galindo, City Engineer, Marilyn Kazmer, Director of Legislative Affairs, John J. Fegan, LDirector of Building Inspection, David Preston, Finance Director, Robert Beckley, Director of Public Works, Ron Reinke, Superintendent of Parks and Recreation, Robert Stokes, Park Maintenance Supervisor, William MacDonald Ordinance Enforcement Supervisor, Michael Reiser, Facility Maintenance Supervisor and Donald Vyhnalek, Planning Commission On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #1188-87 RESOLVED, that the minutes of the 1 ,117th Regular Meeting of the Council of the City of Livonia, held December 7, 1987 are hereby approved On a motion unanimously introduced, supported and adopted, it was #1189-87 WHEREAS, Robert H. Stokes commenced his employment with the City of Livonia in 1962 as a Foreman II in the Parks and Forestry Section of the Department of Public Works, and WHEREAS, he was promoted to General Supervisor in 1967, to Assistant Superintendent of Parks and Forestry in 1972, and, since 1977, he has served admirably as Park Maintenance Supervisor, and 23825 WHEREAS, through the years he has been instrumental � in the development and growth of the park system., establishing the golf maintenance staff at the City' s municipal golf courses, supervising the landscaping around City buildings including the new Police Building, and the beautification of the Civic Center gardens and boulevard islands, and WHEREAS, he helped the holiday spirit come alive each year at City Hall with the lovely Christmas decorations placed in and around the City Hall and the Civic Center, and WHEREAS, he assisted and coordinated the setup required for SPREE, Music Under the Stars , Arts and Crafts Festival and many events at Greenmead, and WHEREAS, he has been known as an individual who has always strived to develop the parks, recreation areas and public boulevards in the City into areas that the citizens of this community can enjoy and be proud of, NOW, THEREFORE, BE IT RESOLVED, that Robert E. McCann, Mayor Pro Tem, does hereby take this means to join with the City Council to commend Robert H Stokes for his years of devoted service to this City and to extend to him every good wish for happiness in the years that lie ahead On a motion unanimously introduced, supported and adopted, it was #1190-87 WHEREAS, Robert D Bennett has been a resident of the City of Livonia for 29 years, and WHEREAS, for the past 17 years he has been a Member of the Council of the City of Livonia , having served as its Vice President in 1978 and 1979 and as President in 1980 and 1981 , and WHEREAS, during his tenure on the Council he has served On every standing committee of the Council , including the City Council/Schools Liaison CDmnittge, the Finance and Insurance Committee, the Capital Improvement Committee and as Chairman of the Water, Drainage, Sewage and Waste Disposal Study Committee, the Legislative Committee and the Streets, Roads and Plats Committee, and WHEREAS, he has been an active supporter of many community endeavors, including Livonia Spree, Music Under the Stars, Save the Wilson Barn and the Main Library Drive, and WHEREAS, he has served as President of Jackson o. NL [l�ment�ry ��hOOl PT� �nd �� Vic� Ch�irman nf th� LiVOni� Fdmily 23826 YMCA Building Fund Drive and is a member of Friends of Livonia Library, PLAV and the Board of Directors of Oakway Symphony, and WHEREAS, during the course of his service on the Council , Robert D Bennett has given unstintingly of himself to promote the welfare of the public and the development of this City, and has exhibited those qualities of dedication, loyalty and integrity which personify an effective public servant, NOW, THEREFORE, BE IT RESOLVED, that the Mayor Pro Tem and City Council of the City of Livonia do hereby take this means to publicly commend Robert D Bennett for his years of devoted service to this City and to wish him good luck and Godspeed as he embarks on his new career as Mayor of the City of Livonia. On a motion unanimously introduced, supported and adopted, it was 11191-87 WHEREAS, Robert E McCann has been a resident of the City of Livonia for 24 years, and WHEREAS, for the past 19 years he has been a member of the Council of the City of Livonia, having served as its Vice President from 1988-1970, as President from 1978-1979 and NL- 1982-1983, and as President and Mayor Pro Tem in 1987, and WHEREAS, during his tenure on the Council he has also served as Chairman of the Finance and Insurance Committee, the Capital Improvement Committee, the Waste Supply, Drainage, Sewage and Waste Disposal Study Committee and served as a member of the Streets, Roads and Plats Committee, as well as the City' s delegate to the Southeast Michigan Council of Governments form 1980-1081 , and WHEREAS, he has also rendered service to the community- at-large as a member of Civitan, and WHEREAS, during the course of his service on the Council and as Mayor Pro Tem, Robert E McCann has given unstintingly of himself to promote the welfare of the public and the development of this City and has exhibited those qualities of dedication, loyalty and integrity which personify an effective public servant, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia does hereby take this means to publicly commend Robert E. McCann for his years of devoted service to this City, to extend our best wishes for success in his future endeavors, and to express the sincere hope that he will remain in our midst �� for years to come as a friend and neighbor 23827 A communication from the Chairperson of the Local Officers Compensatior Commission, dated December 4, 1487, re Determination of the Local Officers Compensation Commission with Respect to Elected Officials Salaries was received and placed on file for the information of the Council A communication from the Secretary of the Board of Education of the Livonia Public Schools, dated December 8, 1987, re Livonia Public Schools School District's taxes, summer and winter collection was received and placed on file for the information of the C0uncil . A communication from the City Clerk, dated December 14, 1987, re Oakland Schools and the property tax for the fiscal year beginning July 1 , 1988 was received and placed on file for the information of the Council . A communication from the City Clerk, dated December 14, 1987, re Clarenceville School District and property taxes for collection on December 1 , 198G was received and placed on file for the information of the Council On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was #1192-87 RESOLVED, that having considered a communication from the Chief of Police, dated November 18, 1987, which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, the Council does hereby approve and authorize the transfer of funds in the amounts from the accounts and to the accounts detailed in the aforesaid communication, the total of the transfers being in the total sum of $98,928 28 #1193-87 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated November 19* 1987, which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, the Council does hereby accept the second high bid with respect to used Police vehicle No 83-61 , Dodge Diplomat, from Lemming Corporation, 10662 N Territorial Road, Plymouth, Michigan 48170, which bid is in the amount of $1 *257.00, the action herein being taken for the lia reasons indicated in the aforesaid communication, further, the Council does hereby authorize the deposit of the receipts of 23828 � this sale into Account 101-309-939-000 (Police ~~~ Vehicle-Maintenance) , and to the extent required, all prior resolutions adopted with respect to this subject are hereby amended and revised f1194-87 RESOLVED, that the Council does hereby refer to the Finance and Insurance Committee for its report and recommendation, the question of whether or not deposits (and the amount thereof, etc. ) should be required by the City in the sale of such items as real property and used motor vehicles. A communication from the Chairman of the Livonia Traffic Commission, dated November 23, 1987 re CR #856-87 - Request for Study of Additional "Stop" Signage in the Area of Osmus/Parker/Norfolk was received and placed on file for the information of the Council #1195-87 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 10, 1907^ approved by the Superintendent of Parks and Recreation, and approved for submission by the Mayor Pro Tem and submitted pursuant to Council Resolution 832-87, with regard to relocating an existing fence along the southerly limits of the Whispering Willows Golf Course to the south boundary of the golf course, and Council Resolution 943-87 with regard to the feasibility Of using storm water from the Willow Woods Subdivision for irrigation purposes within the new Fox Creek Golf Course, the Council does hereby determine as follows A To request that the Engineering Department and the Department of Parks and Recreation do all things necessary, including the taking of competitive bids, if appropriate, to relocate the existing fence along the southerly limits of the Whispering Willows Golf Course to the actual South boundary of the Golf Course, and B Refer to the Streets, Roads and Plats Committee for its report and recommendation the question of the feasibility of using storm water from the Willow Woods Subdivision for irrigation purposes within the new Fox Creek Golf Course #1196-87 RESOLVED, that having considered a communication from the City Planning Commission, dated November 24, 1987, which transmits its Resolution 11-262-87, adopted on November 17, � 1987, with regard to Petition 87-11-2-49 submitted by J. D. Blain, Inc , requesting waiver use approval for general office uses within an existing office building located on the Southeast 23829 corner of Six Mile Road and Haggerty Road in the Northwest 1/4 LOf Section 18, which property is zoned P S , the Council does hereby concur in the recommendation made by the City Planning Commission, and Petition 87-11-2-49 is hereby approved and granted, such approval to be based upon adherence to the previously approved site plan for this project. #1197-87 RESOLVED, that having considered a communication from the Director of Finance dated December 9, 1987, approved for submission by the Mayor Pro Tem, to which is attached an Annual Membership fee notice from the Michigan Municipal League in the amount of $8,779 00 for the period July 1 , 1987, through June 30, 1988, the Council does hereby approve and authorize the payment of same from funds previously budgeted for this purpose #1198-87 RESOLVED, that the Council does hereby request that the Finance Director, the City Attorney and the Chief of Police submit their respective reports and recommendations with regard to the refusal of the Michigan Municipal Workers Compensation fund to reimburse the City of Livonia in connection with the purchase of soft body armor #1199-87 WHEREAS, the City of Livonia has received a request from Ternes Land Development Company, Division of Howard Ternes N�- Packaging Company, a Delaware Corporation, dated November 30, 1987, which submits an application proposing the establishment of an industrial development district, and WHEREAS, pursuant to Act 198 of the Public Acts of 1978, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 10 942 acres lying in the Southwest 1/4 of Section 26, as more particularly described in the attachment to the application which is hereby incorporated by reference and hereinafter referred to as "Proposed City of Livonia Industrial Development District No 49" , NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 49 2 This City Council sets Monday, February 1 , 1988 N! at 7 00 p m as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 23830 3. This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above #1200-87 RESOLVED, that having considered a communication dated December 11 , 1987, from The Nelson/Ross Companies, 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 December 8, 1987 , by the City Planning Commission in its Resolution 12-276-87 , with regard to Petition 87-11-2-55 submitted by The Nelson/Ross Companies, requesting permission to construct a shopping center as a waiver use on property zoned C-2 and located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 1/4 of Section 4, the Council does hereby designate Monday, February 1 , 1988, at 7 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 No 543, as amended, the Zoning Ordinance of the City of Livonia 11201-87 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Borg-Warner Automotive, Inc , dated September 15, 1987, covering new industrial facilities to be located within City of Livonia Industrial Development District No 46, 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 Monday, February 1 , 1988 at 7 00 P.M at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan. 23831 imp 3 The Council hereby sets Monday, February 1 , 1988 at 7 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. Feenstra, Bishop, Taylor, Bennett, Ochala, McCotter, McCann NAYS. None On a motion by Councilman Bishop, seconded by Councilman Taylor, it was 11202-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 9, 1987, and submitted pursuant to Council Resolution 814-87 in connection with a communication from the City Planning Commission dated August 6, 1987, which transmits its Resolution 8-181-87 with regard to Petition 84-12-8-40 submitted by Abe Jaafar requesting site plan approval in connection with a proposal to construct a second commercial building on property located on the West side of Middlebelt Road between Schoolcraft and Bentley in Section 23, pursuant to the provisions set forth in Section 18 58 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 84-12-8-40 is hereby approved and granted, such approval to be based upon revised Site Plan B dated July 18, 1987 A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Taylor, Bennett, McCotter, McCann. NAYS Feenstra , Ochala The President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was 11203-87 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated December 14, 1987, in connection with the question of the City � of Livonia employing two additional Police Officers and two additional Firefighters by way of supplementing that presently provided for in the 1987-88 Annual Budget, the Council does hereby refer this item to the Mayor for his report and recommendation 23832 lbw Councilman Taylor gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTIONS 040, 050, 060, 070 and 080 OF TITLE 8, CHAPTER 40 (NOXIOUS WEEDS AND REFUSE) 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 The above Ordinance was placed on the table for consideration at the next regular meeting of the Council On a motion by Councilman Taylor, seconded by Councilman Feenstra and unanimously adopted, it was #1204-87 RESOLVED, that having considered a communication from the City Planning Commission dated November 4, 1987, which transmits its Resolution 10-247-87 adopted on October 27 , 1987, with regard to Petition 87-9-2-43 submitted by Waukeen requesting waiver use approval for general office use within two office � buildings proposed to be located on the East side of Middlebelt Road, South of Pickford Avenue, in the Northwest 1/4 of Section 12, which property is zoned P S , the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 87-9-2-43 is hereby approved and granted, subject to the petitioner adhering to the previously approved site plan for the project under Council Resolution 730-87 On a motion by Councilwoman McCotter, seconded by Councilman Ochala, and unanimously adopted, it was #1205-87 RESOLVED, that having considered the communication from the City Assessor, dated November 16, 1987, approved for submission by the Mayor Pro Tem, with regard to a request from Harold Carlson, 16904 Oporto, Livonia , Michigan 48154, requesting the division of Tax Item No 46 053 01 0025 000 /l4A25\ into four (4) parcels, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Taylor, seconded by Councilman Ochala , it was 23833 iho #1206-87 RESOLVED, that having considered a letter from Kirco Realty & Development, Ltd , 200 East Long Lake, Suite 115, Bloomfield Hills, Michigan 48013, dated November 25, 1987, wherein a request is submitted to locate a project ground sign on the boulevard within the public right of way of Tech Center Drive at Plymouth Road, which sign is needed to provide identification for the Livonia Tech Center, a 44-acre site which is being developed in the area, the Council does hereby approve the request herein submitted, based upon locating the proposed sign with a minimum 15 foot setback and subject to the actual sign receiving the prior approval of the City Council before issuance of a sign permit, and further conditioned upon the execution of an appropriate Save Harmless Agreement by Kirco Realty & Development, Ltd , in a form to be approved by the Department of Law A roll call vote was taken on the foregoing resolution with the following result AYES• Bishop, Taylor, Bennett, Ochala, McCotter, McCann NAYS Feenstra The President declared the resolution adopted. im. On a motion by Councilman Ochala, seconded by Councilman Taylor, and unanimously adopted, it was #1207-87 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 18, 1987, approved for submission by the Mayor Pro Tem, the Council does hereby amend Item 8 of Council Resolution 772-87 adopted on August 19, 1987 , so as to reduce the financial assurances now on deposit with the City for sidewalk improvements to $2,000 00 cash in the Windridge Village Subdivision No 4 located in the West 1/2 of Section 4, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, the Council does hereby authorize the release to Biltmore Properties, 2900 West Maple Road, Troy, Michigan 48084, the proprietor of the Windridge Village Subdivision No 4 of the financial assurances previously deposited with respect to the Soil Erosion Bond in the amount of $5,000 00, the action herein being taken 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 of the City of Livonia , and all other financial assurances now on deposit with the City, if any, including the General Improvement Bond shall remain the same and unchanged. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was 23834 #1208-87 RESOLVED, that having considered a communication from L th� �itv PlanDing Commissi0n, dated Dgcember l , l987, which transmits its Resolution 11-209-87 adopted on November 17, 1987, with regard to a sign permit application submitted by Media Six, Inc. , on behalf of Medstop for a new monument and wall sign to be located at 30150 Plymouth Road, the Council does hereby concur in the recommendation of the Planning Commission and approve the said monument and wall sign, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission, provided, however, that the monument sign shall have a setback of 25 feet from the adjoining property lines of Tech Center Drive and Plymouth Road, and that the sign colors shall be approved as initially submitted by the petitioner (white logo and red background) On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #1209-87 RESOLVED, that having considered a communication from the City Planning Commission, dated December 9, 1987, which transmits its Resolution 12-273-87 adopted on December 8, 1987, with regard to Petition 87-11-2-51 submitted by George [ueter requesting waiver use approval to construct an addition to an � existing motel located on the North side of Schoolcraft Road (1-98 Freeway) between Inkster and Middlebelt Roads in the Southwest 1/4 of Section 24, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 87-11-2-51 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, as well as being made subject to a variance being granted by the Zoning Board of Appeals for a deficient front yard setback, as well as the additional condition that a brick treatment shall be required to the belt line on the north and south elevations and that the issuance of a sign permit shall require prior City Council approval On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #1210-87 RESOLVED, that having considered a communication from the City Planning Commission, dated November 2, 1987, which sets forth its Resolution 10-246-87, adopted on October 27, iw, 1987, with regard to Petition 87-9-1-35 submitted by the City Planning Commission pursuant to Council Resolution 678-87 for 23835 ifts a change of zoning on property located south of Seven Mile Road, east and west of Newburgh, from AG to R-3 and R-4, and the Council having conducted a public hearing with regard to this matter on December 14, 1987, pursuant to Council Resolution 1080-87, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 87-9-1-35 is hereby approved and granted, and the City 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 On a motion by Councilman Feenstra , seconded by Councilman Ochala, and unanimously adopted, it was #1211-87 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 300, more particularly described in Council Resolution 1076-87, adopted on November 16, 1987, as required by the provisions of the City Charter and Title 3, Chapter 8 of the ib. 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 Canterbury Estates and Westmore Subdivision in the Southwest 1/4 of Section 11 , in said Special Assessment District No 300, 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 davitt poles with underground wiring, and that the assessments set forth in said Special Assessment District No 300 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 300 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. 23836 On a motion by Councilman Feenstra , seconded by Councilman Taylor, and unanimously adopted, it was #1212-87 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 301 , more particularly described in Council Resolution 1077-87, adopted on November 16, 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 S. I J. L Industrial Park Subdivision in the Northeast 1/4 of Section 27, in said Special Assessment District No. 301 , NOW, THEREFORE , BE IT RESOLVED, that the said Council does hereby determine that street lights shall be installed consisting of 175 watt high-pressure sodium lights on davitt poles with underground wiring, and that the assessments set forth in said Special Assessment District No. 301 Roll are fair and equitable and based upon benefits derived in said district, in accordance L with the plans Of the City Engineer and res0lutions Vf the Citv City Council , said Special Assessment Roll No 301 based on installation of 175 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 Ochala, seconded by Councilman Bishop, it was #1213-87 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 302 for a proposed improvement consisting of a 28' wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III ) on Laurel (Plymouth to South of Pinetree) and Pinetree (Wayne to Stark) in the West 1/4 of Section 33 as Nu� required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public 23837 iww hearing thereafter having been held thereon on December 16, 1987, 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 302, WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated October 6, 1987, in the amount of $292,819 80, 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 302 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into fifteen equal annual installments with interest at 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 possible 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 as provided by said Section 3.08 190 Any property 23838 Ibut owner assessed may, within sixty (60) days from December 1 , 1988 pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the Winter 1988 City tax roll in the manner required by Section 3.08 210 of the Livonia Code of Ordinances, as amended, together with interesi. upon all unpaid installments from December 1 , 1989,- , and thereafter one (1 ) installment shall be spread upon each annual tax roll together with one (1 ) 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 fifteen (15) per cent of the paving costs of $51 ,674 08 and 100% of the drainage costs of $172,500 00 for a total amount of $224,174 08. On a motion by Councilman Taylor, seconded by Councilman Bennett, it was RESOLVED, that the Council does hereby confirm said Special Assessment Roll No 302 in the West 1/4 of Section 33 on the basis of an Alternate III improvement on Laurel (Plymouth South of Pinetree) with a 15 year payback and an Alternate IV improvement on Pinetree (Wayne to Stark) with a ten year payback A roll call vote was taken on the substitute resolution with the following result AYES Taylor, Bennett, Ochala. NAYS Feenstra, Bishop, McCotter, McCann The President declared the substitute resolution denied On a motion by Councilwoman McCotter, seconded by Councilman Feenstra, im. it was RESOLVED, that the Council does hereby confirm said Special Assessment Roll No. 302 on the basis of an Alternate 23839 improVement on Laurel /Plymouth to South nf Pinetree1 aMd LIV Pinetree (Wayne to Stark) in the West 1/4 of Section 33 with a ten year payback A roll call vote was taken on the substitute resolution with the following result AYES Feenstra, McCotter, McCann NAYS. Bishop, Taylor, Bennett, Ochala. The President declared the substitute resolution denied A roll call vote was taken on the original resolution with the following result. AYES Feenstra, Bishop, Taylor, Bennett, Ochala NAYS. McCotter, McCann. The President declared the resolution ad0pted. On a motion by Councilman Ochala , seconded by Councilwoman McCotter, it was L RESOLVED, that the Council does hereby determine to postpone the matter of the proposed Industrial Development District for Hy-Tek Systems, Inc until the next regularly scheduled meeting of the Council A roll call vote was taken on the foregoing resolution with the following result AYES` Ochala , McCotter NAYS Feenstra, Bishop, Taylor, Bennett, McCann The President declared the resolution denied On a motion by Councilman Feenstra , seconded by Councilman Taylor, it was 1121447 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 �m~ an industrial development district encompassing land situated in the City of Livonia and comprised of an area of 1 .62 acres 23840 imp lying in the Northwest 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 48" , and WHEREAS, written notice has been given by certified mail to Hy-Tek Systems, Inc , 30930 Industrial Road, Livonia, MI , of the Council ' s pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 48, and 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 48, and WHEREAS, on December 16, 1987 a public hearing was held on the establishment of proposed City of Livonia Industrial Development Development District No 48, at which time Hy-Tek Systems, Inc , 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 Hy-Tek Systems, Inc , attended said hearing and acknowledged receipt of notice of such hearing Lip 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 above 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 48 " EXHIBIT A A parcel of land located in the Northwest 1/4 of Section 26, T 1 S. , R. 9 E , City of Livonia, Wayne County, Michigan, more particularly described as Beginning at a point Southerly 1201 80 feet along the West line of said Section 26, and due East 1032.32 feet from the N W corner of said Section 26, thence continuing Due East, 534.52, thence South 00°29' 56" West, 138 07, thence North 89°23' 58" West 534.52 feet, thence N 00°29' 56" East 132.47 feet to the Point of Beginning impA roll call vote was taken on the foregoing resolution with the following result. AYES Feenstra, Bishop, Taylor, Bennett, McCann. NAYS Ochala, McCotter. 33841 Lip The President declared the resolution adopted. On a motion by Councilman Ochala, seconded by Councilman Bishop, and unanimously adopted, it was #1215-87 RESOLVED, that having considered a communication from the City Planning Commission dated November 2, 1987, which sets forth its Resolution 6-129-87 adopted on June 16, 1987, with regard to Petition 87-5-1-22 submitted by Unity of Livonia for a change of zoning on property located North of Five Mile Road, West of Harrison in the Southwest 1/4 of Section 13, from P.S. to R-9 and from R-9 1 and R-7 to R U F. , and the Council having conducted a public hearing with regard to this matter on December 16, 1987, pursuant to Council Resolution 1079-87, the Council does hereby reject the recommendation of the Planning Commission and the said Petition is hereby denied for the following reasons 1 . The proposed changes of zoning would provide for uses which would cause an unacceptable increase in vehicular traffic in the neighborhood. 111, 2. The proposed changes of zoning would be detrimental to the continuing enjoyment of adjacent residential properties 3. The proposed changes of zoning would represent an encroachment of higher density residential and non-residential zoning into a low density residential neighborhood 4 That the petitioners have indicated that they are no longer interested in pursuing the use of the subject property. On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was #1216-87 RESOLVED, that having considered a communication from the Fire Chief dated December 7, 1987, the Council does for and on behalf of the City of Livonia, accept a check in the amount of $3,000.00 from the Livonia Heart Fund, the purpose of which is to defray the cost of purchase of five EMTD Defibrillation Units On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was 23842 11217-87 RESOLVED, that having considered a communication from the Department of Law, dated December 3, 1987, submitted pursuant to Council Resolution 222-87, transmitted for acceptance two deeds dated April 28, 1987 by Glen Eden Lutheran Church, conveying to the City certain property described as follows That part of the N E 1/4 of Section 5, T 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at the East 1/4 corner of said Section 5, proceeding thence Due West along the East and West 1/4 Section line of said Section 5, 1569 94 feet, thence N 45° E , 14 14 feet, thence due East, 1559.94 feet to the East line of said Section 5, thence Due South along said east line, 10 0 feet to the point of beginning. That part of the North 1/2 of Section 5, T 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at the Center 1/4 corner of said Section 5, proceeding thence N. 89°39' 53 West along the East and West 1/4 line of said Section 5, 267.03 feet, thence N 0°54'40" West, 660.0 feet; thence S. 31°34' 24" East, 776 41 feet to the said East and West 1/4 line, thence due West along said line, 129 0 feet to the point of beginning lir The Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid Quit Claim deeds and the City Clerk is requested to have the same recorded with the Wayne County Register of Deeds and do all things necessary or incidental to the full performance of this Resolution. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #1218-87 RESOLVED, that having considered a communication dated December 14, 1987, from the Department of Law transmitting for Council acceptance two Quit Claim Deeds, and a Grant of Easement, more particularly described as (1 ) Quit Claim Deed dated December 1 , 1987, executed by Richard C Burdt, Partner, Sunset Excavating Company, a Michigan Copartnership, for Part of Lot 801 of "Supervisor' s Livonia Plat No 14 of part of the N 1/2 of Section 28, T 1S , R 9E ", City of Livonia, Wayne County, Michigan, as recorded in Liber 70 of Plats on Page 69, Wayne County Records, and being more particularly described as follows Beginning at a point on the N line of Lot 801 of said "Supervisor' s Livonia Plat No 14" (L. 70, Plats, 23843 lbw P 69, W.C.R ), said point being distant S. 89°15' 42" E , 297.65 feet as measured along the N. line of said Lot 801 from the Northwesterly corner of said lot, Proceeding thence from said point of beginning S 89°15'42" E. , along part of the North line of said Lot 801 , said line being also the Southerly end of Fairlane Avenue (60 feet wide) as Platted in "Jeffries Freeway Industrial Park Subdivision of part of the N 1/2 of Section 28, T. 1S. , R 9E , City of Livonia, Wayne County, Michigan" as recorded in Liber 96 of Plats on Pages 75 and 76, Wayne County Records, a distance of 60.00 feet to a point; thence S. 00°44' 18" W , along the Southerly extension of the E line of said Fairlane Avenue thru the interior of said Lot 801 , a distance of 96 69 feet to a point on the S line of said Lot 801 , thence N. 89°15'42" W. , along part of the South line of said Lot 801 , a distance of 60.00 feet to a point, thence N. 00°44' 18" E. , along the Southerly extension of the West line of said Fairlane Avenue thru the interior of said Lot 801 , a distance of 96 69 feet to the point of beginning. (Fairlane Avenue Right-of-Way) (2) Quit Claim Deed dated December 4, 1987, executed by Larry Fedrigo and Denise Fedrigo, his wife, for Part of Lot 800 of "Supervisor' s Livonia Plat No. 14 of part of the N 1/2 of Section 28, T 1S , R.9E. ", City of Livonia, Wayne County, Michigan as recorded in Liber 70 of Plats on Page 69, Wayne County Records and being more particularly described as follows, Commencing at the Northwest corner of Lot 801 of said "Supervisor' s Livonia Plat No 14" (L 70, Plats, P. 69, Wayne County Records) , running thence South 00°34'00" West along the West line of said lot, a distance of 96.69 feet to the Southwest corner of said lot, thence S. 89°15'42" East along the lot line common to Lots 800 and 801 of said subdivision, a distance of 267.36 feet to the point of beginning of the parcel of land herein being described, Proceeding thence from said point of beginning S. 89°15' 42" East along part of the North line of said Lot 800, a distance of 120 00 feet to a point, thence S 00°44' 18" West into the interior of said Lot 800, a distance of 35.00 feet to a point, thence North 89°15' 42" West along a line 35 00 feet Southerly of, as measured at right angles to and parallel with the Northerly line of said Lot 800, a distance of 120.00 feet to a point, thence N 00°44' 18" East, a disance of 35.00 feet to the point of beginning. 114.. (Fairlane Avenue Right of Way) 23844 16.# (3) Grant of Easement dated December 1 , 1987, executed by Richard C. Burdt, Partner, Sunset Excavating Company, a Michigan Copartnership, for. Part of Lot 801 of "Supervisor' s Livonia Plat No. 14 of part of the N 1/2 of Section 28, T 1S , R.9E.", City of Livonia, Wayne County, Michigan, as recorded in Liber 70 of Plats on page 69, Wayne County Records and being more particularly described as follows. Beginning at a point on the North line of Lot 801 of said "Supervisor's Livonia Plat No 14" (L 70, Plats, P 69, W.C.R. ), said point being distant S. 89°15'42" East, 285.65 feet as measured along the North line of said Lot 801 from the Northwesterly corner of said lot, Proceeding thence from said point of beginning S. 89°15'42" East, along part of the North line of said Lot 801 , a distance of 12 00 feet to the Southwesterly corner of Fairlane Avenue (60 feet wide) as platted in "Jeffries Freeway Industrial Park Subdivision of part of the North 1/2 of Section 28, 1 1S. , R 9E. , City of Livonia, Wayne County, Michigan" as recorded in Liber 96 of Plats on Pages 75 and 76, Wayne County Records, thence S. 00°44'18" West, along the Southerly extension of the West line of said Fairlane Avenue, thru the interior of said Lot 801 , a distance of 96 69 feet to a point of the South line of said Lot 801 , thence N. 89°15' 42" W. , along part of the South line of said Lot 801 , a distance of 12.00 feet to a point, thence N 00°44' 18" East thru the interior of said Lot 801 , a distance of 96 69 feet to the point of beginning. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deeds and Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #1219-87 RESOLVED, that having considered a communication from the Department of Law, dated December 11 , 1987, submitted pursuant to Council Resolution 992-87, transmitting for Council acceptance a warranty deed dated December 9, 1987, executed by Thomas P. Eidson and Devon L. Eidson, his wife, conveying to the City L certain property described as follows Land in the City of Livonia, County of Wayne and State of Michigan, to wit. 23845 The East 27 feet of the following described parcel . Lot 7, Horton' s Subdivision, as recorded in Liber 32, page 24 of Plats, Wayne County Records. (Newburgh Road right-of-way) the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid warranty deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #1220-87 WHEREAS, pursuant to Resolution 596-87, adopted July 1 , 1987, the City Council has determined to acquire from Mobile Data International Inc. , whose address is 11411 Number Five Road, Richmond, British Columbia, Canada (the "Vendor") a certain mobile data terminal communications system, including software and documentation (the "Equipment") on an installment basis, and WHEREAS, under the provisions of Act No. 99, Public Acts of Michigan, 1933, as amended ("Act 99"), the City Council is authorized to enter into any contract or agreement for the purchase of property or equipment for public purposes, to be paid for in installments over a period not to exceed the useful life of the property acquired as determined by resolution of the City Council , and WHEREAS, the outstanding balance of all such purchases by the City under the Act 99, exclusive of interest, shall not exceed one and one quarter per cent (1-1/4%) of the equalized assessed value of the real and personal property of the City at the date of such contract or agreement, and WHEREAS, purchase of the Equipment pursuant to an installment purchase agreement will not result in the outstanding balance of all such purchases in excess of the limitation contained within Act 99 as set forth above, and WHEREAS, the City Council has received the proposal of Manufacturers Bank of Livonia, Livonia, Michigan 48152 (the "Bank") for the financing of the acquisition of the Equipment, which proposal has been reviewed by the Director of Finance, 23846 and the Director of Finance has concluded that the proposal of the Bank is in the best interest of the City and should be approved. NOW, THEREFORE, BE IT RESOLVED THAT: 1 . The Council hereby concurs with the recomendation of the Finance Director and accepts the bid of Manufacturers Bank of Livonia, Livonia, Michigan 48152, to provide financing for the installment purchase of the Equipment at an interest rate of 6.88% as set forth in the communication of the Finance Director. 2 Subject to the limitations contained in paragraph 3 hereof, the form of Installment Purchase Agreement (the "Agreement") on file with the Finance Director is hereby approved with such additions, changes and modifications as shall be approved by the Finance Director. The Mayor and City Clerk are hereby authorized and directed to execute the Agreement, when in final form, and deliver it to the Bank and Vendor. 3. The useful life of the Equipment is hereby determined to be not less than six (6) years, and the Agreement shall not provide for installments for longer than such period. 4 The Mayor, City Clerk and Finance Director, or any of them, are each hereby directed and authorized to execute such additional documentation as shall be necessary to effectuate the closing contemplated by the Agreement and the assignment thereof to the Bank 5. The City hereby agrees to include in its budget for each year, commencing with the present fiscal year, a sum which will be sufficient to pay the principal of the interest coming due under the Agreement before the next fiscal year In addition, the City hereby pledges to levy ad valorem taxes on all taxable property in the City each year in an amount necessary to make its debt service payments under the Agreement, subject to applicable constitutional , statutory and charter tax rate limitations 6 The City hereby designates its obligations under the Agreement as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Internal Revenue Code of 1986 (the "Code"). 7 The City covenants that, to the extent permitted by law, it shall be all actions within its control necessary to maintain the exclusion of the interest component of the payments due under the Agreement from adjusted gross income for general federal income tax purposes under the Code including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable. 23847 Ibm8. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded to the extent of such conflict. 9. The acquisition of the Equipment and the approval of the Agreement hereby are found and declared to be for public purposes and in the best interest of the health and welfare of the residents of the City On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #1221-87 RESOLVED, that having considered a communication dated December 15, 1987, from the Department of Law transmitting for Council acceptance two Warranty Deeds, more particularly described as (1 ) Warranty Deed dated October 8, 1987, executed by Jack Strickstein, President, and Paula Strickstein, Secretary, Strick-Style Homes, Inc. , a Michigan Corporation, for. PROPOSED CITY PARKSITE, part of the southeast 1/4 of Section 11 , T 1 S , R 9 E. , City of Livonia, Wayne County, Michigan. COMMENCING at the east quarter corner of Section 11 , T. 1 5 , R 9 E , thence S. 00 degrees 21' 09" E. 1319.46 feet along the east line of Section 11 , thence S. 89 degrees 50' 13" W 660.09 feet, thence N. 00 degrees 22' 51 " W 114.32 feet to the Point of Beginning, thence N. 49 degrees 07' 30" W 519 98 feet, thence S. 89 degrees 55' 31 " W 243.76 feet to the east line of Louise Avenue (50 feet wide) , thence N 00 degrees 04'29" W 71 . 11 feet along said east line to the south line of Butler Hills Subdivision (Liber 82, Page 67 W. C R ) ; thence N 89 degrees 42' 39" E. 305.00 feet, and S 50 degrees 4334" E. 207 25 feet, and N. 89 degrees 42' 39" E. 169.72 feet along said south line; thence S 00 degrees 22' 51 " E. 282 28 feet to the Point of Beginning Containing 1 .826 acres of land. (2) Warranty Deed dated November 11 , 1987, executed by 16 Jack Strickstein, President, and Paula Strickstein, Secretary, Strick-Style Homes, Inc. , a Michigan Corporation, for: 23848 L. Part of the Southeast 1/4 of Section 11 , T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. Commencing at the East 1/4 corner of Section 11 , T. 1 S. , R. 9 E. , thence S. 00 degrees 21 '09" E. 1156.28 feet along the east line of said Section 11 , thence S. 89 degrees 4239" W. 60.00 feet to the west line of Middlebelt Road (120 feet wide) and the POINT OF BEGINNING. thence S 00 degrees 21 '09" E 163.05 feet along said line; thence S. 89 degrees 50' 13" W. 600.09 feet, thence N. 00 degrees 22' 51 " W. 396.60 feet; thence N 89 degrees 42' 39" E. 303.64 feet thence S. 00 degrees 21 '09" E 234 87 feet, thence N. 89 degrees 42'39" E 296.64 feet to the POINT OF BEGINNING. Containing 3.874 acres of land the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty Deeds and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Councilman Taylor, seconded by Councilman Feenstra, L and unanimously adopted, it was 11222-87 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 Bishop, and unanimously adopted, it was 11223-87 RESOLVED, that having considered the report and recommendation of the Department of Law, dated December 18, 1987, approved for submission by the Mayor Pro Tem, the Council does hereby approve the rental of the home located at 29157 Perth, Livonia, Michigan, on a month-to-month basis to Gerald R. and Cynthia M. Cyrul for the sum of $250 00 per month with all utilities, including water, to be paid by the tenants, provided further, that such rental shall be subject to review after three months and shall not exceed six months in duration. On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, this 1 ,118th Regular Meeting of the Council of the City of LLivonia was adjourned at 8.40 P.M. , December 21, 1987 ".'iee4-1--Itt >441'4 Robert F. Nash, City Clerk