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HomeMy WebLinkAboutCOUNCIL MINUTES 1987-08-19 23538 LMINUTES OF THE ONE THOUSAND ONE HUNDRED AND TENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 19, 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•04 P.M. Councilman Taylor delivered the invocation. Roll was called with the following result: Present: Robert E McCann, Fernon P Feenstra, Robert R. Bishop, Gerald Taylor, Robert D Bennett and Ron Ochala , Absent Joan McCotter (on vacation) Elected and appointed officials present. Robert F Nash, City Clerk, Harry Tatigian, City Attorney, David N. Preston, Finance Director, Raul Galindo, City Engineer; Suzanne Wisler, Director of Community Resources, Marilyn Kazmer, Director of Legislative Affairs; William Crayk, Chief of Police, Ron Reinke, Superintendent ill of Parks and Recreation and Ralph Bakewell , Planning Department On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted*, it was 1756-87 RESOLVED, that the minutes of the 1 ,109th Regular Meeting of the Council of the City of Livonia, held August 10, 1987 are hereby approved *Councilman Feenstra abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.119 of the Livonia Code of Ordinances A communication from the Chief of Police, dated August 4, 1987 re Report on C.R.625-87 - Traffic Signal at Seven Mile Road and Gill was received and placed on file for the information of the Council A communication from the Chief of Police, dated August 3, 1987 re Council Resolution 617-87, Temporary 3-Way Stop Signs at Terrence and Harrison was received and placed on file for the information of the Council ir 23539 At the direction of the Chair, Items 16, 12, 19 and 22 were removed from the Consent Agenda On a motion by Councilman Bishop, seconded by Councilman Taylor, it was #757-87 RESOLVED, that having considered a letter from Robert Wolf, 28971 Minton, Livonia, Michigan, dated July 17, 1987, requesting permission to close Minton between Oxbow and Hartel on Saturday, September 26, 1987, from 3:00 p m through 8 00 p.m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 27, 1987, in the event of inclement weather, the action taken herein being made subject to approval of the Police Department #758-87 RESOLVED, that having considered a letter from John A. Parks III , 14070 Cranston, Livonia, Michigan 48154, dated July 24, 1987, requesting permission to close Cranston between Scone and Perth on Saturday, September 12, 1987, from Noon to 10:00 p.m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 13, 1987, in the event of inclement weather, the action taken herein being made subject to approval of the Police Department #759-87 RESOLVED, that having considered a letter from Pat Cunningham, 16811 Woodside Drive, Livonia, MI 48154, dated August 3, 1987, requesting permission to close Woodside from Levan to Whitcomb and to close Whitcomb from Woodside to Westbrook on Sunday, August 30, 1987, from 3:00 p m to 10 00 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department #760-87 RESOLVED, that having considered a letter from Chris Sitkauskis, 15665 Penn Drive, Livonia, Michigan 48154 dated August 8, 1987, requesting permission to close Penn Drive south of the intersection of Penn Ct on Saturday, August 29, 1987, from 12 00 Noon to 10:00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department. #761-87 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated July 20, 1987, L approved for submission by the Mayor Pro Tem, the Council does hereby accept the bid offer of Jane and Brian Devlin, 27210 W. Pleasant Ridge, Dearborn Heights, Michigan 48127 , for the purchase of certain City-owned property located at 31736 W. Chicago, Livonia, Michigan, as detailed in the aforesaid 23540 communication, with attachments, in the amount of $58,000.00 cash ($30,000.00 cash bond to fix and repair home to also be deposited at the closing) , the same having been in fact the highest offer to purchase received with respect to this item, and the Mayor and City Clerk are hereby authorized to affix their signatures to an appropriate deed of conveyance, as well as do all other things necessary or incidental to fulfill the purpose of this resolution 1762-87 RESOLVED, that having considered a letter from Kenneth J. Morris, Attorney, dated July 22, 1987, and submitted in behalf of Raymond and Gail Gloetzner, wherein it is requested that the City convey certain property located at 11884 Camden, Livonia, Michigan, upon the payment of a sum equal to unpaid taxes, penalties, and interest, the Council does hereby refer this item to the Department of Law for its report and recommendation. 1763-87 RESOLVED, that having considered the report and recommendation of the Chief of Police dated July 8, 1987, which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, the Council does hereby authorize the purchase of 12 Bodyguard Protective Shields in new Police Cars from Setina Manufacturing Co. , Inc. , 2926 Yelm, S.E , Olympia, WA. 98501 for the total price in the amount of $3,597.60, and the Council does hereby authorize the transfer of the sum of $3,597 60 from Account 101-309-939-000 to Account 101-319-987-000 for this purpose, further, the Council does hereby authorize the said item without competitive bidding for the reasons indicated in the aforesaid communication and such action is taken in accordance with the provisions set forth in Section 3 04.140 D 5 of the Livonia Code of Ordinances, as amended. #764-87 RESOLVED, that having considered a communication from the Housing Director, dated August 6, 1987, which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, wherein certain budget transfers are requested as a result of emergency and routine maintenance functions, the Council does hereby authorize the transfer of the sum of $10,931 .22 from the Silver Village Unexpended Fund Balance Account (296-831-390-000-000) to the following accounts in the following amounts Revenue Account Amount Increased 296-831-931-000-000 $4,931 22 Building Maintenance 296-831-982-000-000 Capital Outlay Machine/Equipment 6,000.00 Totals $10,931 .22 23541 1765-87 RESOLVED, that having considered the report and recommendation of the Director of Community Resources dated August 7, 1987, approved by the City Attorney and the Finance Director, and approved for submission by the Mayor Pro Tem and to which is attached an application for a license submitted by Alternative Community Transportation, 32625 Seven Mile Road, Livonia, Michigan 48152, as required by the Motor Vehicles for Hire Ordinance, the Council does hereby approve and authorize the operation of Alternative Community Transportation in the City of Livonia during the licensing process and does further waive all fees and charges in connection therewith, further, the Council does hereby authorize the Mayor Pro Tem and the City Clerk to execute Amendment #1 to the agreement between the City of Livonia and Alternative Community Transportation in the manner and form submitted herein as well as do all other things necessary or incidental to the full performance of this resolution. 1766-87 RESOLVED, that having considered a communication from the City Engineer, dated July 13, 1987, and approved for submission by the Mayor Pro Tem, with regard to the intersection improvements at Curtis and Merriman, Norfolk and Merriman, and Pinetree and Wayne, to which is attached a copy of a communication dated June 1 , 1987, from the Assistant Division Design Engineer of the Wayne County Office of Public Services, the Council takes this means to set forth its commitment that the City agrees to assume all maintenance costs of full-depth asphalt approaches at the intersections of Curtis and Merriman, Norfolk and Merriman, and Pinetree and Wayne and furthermore, agrees to assume its share of the cost of a standard concrete approach with all current specifications and geometrics at the time of the Wayne County Office of Public Services improvement of Merriman at Curtis and Norfolk and Wayne Road at Pinetree intersections, in the manner indicated and for the reasons set forth in the aforesaid communication #767-87 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 23, 1987, approved for submission by the Mayor Pro Tem, the Council does hereby release to Rest-In-The-Son, Inc , 35189 Vargo, Livonia, Michigan 48152, the Proprietor of the Bicentennial Estates Subdivision located in the S W 1/4 of Section 4, the financial assurances previously deposited with respect to General Improvements in the amount of $16,200 00 ($2,000 00 minimum cash) , the Sidewalk Bond in the amount of $69,000 00 ($7,000 00 minimum cash) , the Grading and Soil Erosion Control Bond in the amount of $12,000 00 ($2,500.00 minimum cash), and the cash payment of $3,415.00 for the installation of Survey Monuments and Lot Corners, pursuant to Council Resolution 711-79 adopted on July 18, 1979, as thereafter amended by Council Resolutions 990-79 and 1103-79, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged, and the action herein being taken is for the reasons indicated in the aforementioned report of the City 23542 Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia 1768-87 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 23, 1987, approved for submission by the Mayor Pro Tem, the Council does hereby authorize the release to Rest-In-The Son, Inc , 35189 Vargo, Livonia, Michigan 48152, the Proprietor of the Bicentennial Estates Subdivision No. 2, located in the Southwest 1/4 of Section 4, the financial assurances previously deposited with respect to the General Improvement Bond in the amount of $15,000.00 ($5,000.00 minimum cash), the Sidewalk Bond in the amount of $17,500.00 ($2,000.00 minimum cash), the Grading and Soil Erosion Control Bond in the amount of $2,400.00 ($1 ,000.00 minimum cash) and the cash payment of $985 00 for the installation of Survey Monuments and Lot Corners, pursuant to Council Resolution 405-85 adopted on May 22, 1985, and subsequently amended by Council Resolution 742-85, and all other financial improvements, if any, now on deposit with the City shall remain the same and unchanged, and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia. 1769-87 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 23, 1987, approved for submission by the Mayor Pro Tem, the Council does hereby amend Item 7 of Council Resolution 1067-85 adopted on December 2, 1985, so as to reduce the financial assurances now on deposit with the City for General Improvements in the Sunset Park Estates Subdivision located in the Southeast 1/4 of Section 11 to $18,000 00 of which at least $5,000.00 shall be in cash to cover the cost of remaining improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other financial assurances now on deposit with the City, including those for sidewalk improvements, shall remain the same and unchanged. 1770-87 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 23, 1987, approved for submission by the Mayor Pro Tem, the Council does hereby authorize the release to the Proprietor (First Federal of Michigan) of the Laurel Park South Subdivision No. 1 located in the Northeast 1/4 of Section 18, the financial assurances previously deposited with respect to sidewalk improvements in the amount of $4,100.00, pursuant to Council Resolution 367-78 12, adopted on April 19, 1978, as amended by Council Resolutions 936-78, 1028-78, 1048-78, 833-81 , 204-84 and 21-86, and all other financial assurances now on deposit with the City, if any, shall remain the same and unchanged, and that action taken herein is for the reasons indicated in the aforementioned report 7 IF 23543 L of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia. #771-87 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 30, 1987 , approved for submission by the Mayor Pro Tem, the Council does hereby amend Item 7 of Council Resolution 345-86 adopted on April 9, 1986, so as to reduce the financial assurances now on deposit with the City for General Improvements to $27,500.00 of which $3,000.00 shall be in cash, the Sidewalk Bond requirement to remain unchanged at this time, in the Windridge Village Subdivision No 6 located in the west 1/2 of Section 4, and the financial assurances n on deposit with the City, if any, shall be reduced accordingly; further, the Council does hereby authorize the release to Biltmore Properties, 2900 W. Maple Road, Troy, Michigan 48084, the proprietor of the Windridge Village Subdivision No. 6, of the financial assurances previously deposited with respect to Survey Monuments and Lot Markers in the amount of $1 ,735 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 and ordinances of the City of Livonia, and all other financial assurances now on deposit with the City, if any, shall remain the same and unchanged. #772-87 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 27, 1987, approved for submission by the Mayor Pro Tem, the Council does hereby amend Item 8 of Council Resolution 441-81 , adopted on May 13, 1981 , as amended by Council Resolutions 1080-85 and 1188-86, so as to reduce the financial assurances now on deposit with the City for Sidewalk Improvements in the Windridge Village Subdivision No. 4 located in the west 1/2 of Section 4 to $10,000 of which $2,000.00 shall be in cash, to cover the cost of remaining sidewalk improvements in said subdivision and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other financial assurances now on deposit with the City, including those for General Improvements shall remain the same and unchanged #773-87 RESOLVED, that having considered a communication from the City Planning Commission dated July 10, 1987, which transmits its Resolution 6-158-87 adopted on June 30, 1987, with regard to a sign permit application submitted by Brownie's Sign Company on behalf of the Michigan Group and Charisma to erect two (2) wall signs on a building located at 17000 S Laurel Park Drive, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission 23544 Lie #774-87 RESOLVED, that having considered a communication from the City Planning Commission dated July 10, 1987, which transmits its Resolution 6-156-87 adopted on June 30, 1987, with regard to a sign permit application submitted by Detroit Awning on behalf of Livonia Investments to erect awning signs on a building located at 29195-29215 Plymouth 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 action fo the Planning Commission. #775-87 RESOLVED, that having considered Petition 87-8-3-8 submitted by Donald D. Waxer, 15537 Penn, Livonia, Michigan 48154, dated July 30, 1987, wherein a request made for the vacating of a portion of an easement located at the rear of 15537 Penn (Lot 195, Quakertown Subdivision No 2), the Council does hereby refer the same to the City Planning Commission for action and recommendation in accordance with provisions of law and City Ordinance #776-87 RESOLVED, that having considered a letter from Andrew Ansara dated July 24, 1987, to which is attached a Site and Landscape Plan in connection with Petition 87-3-2-8 and pursuant to Council Resolution 573-87, the Council does hereby approve the Site and Landscape Plan submitted in connection with the proposed expansion of the restaurant operation located on the south side of Six Mile Road between Newburgh and Levan Roads in the Northwest 1/4 of Section 17 #777-87 RESOLVED, that having considered a communication from the City Planning Commission dated July 10, 1987, which transmits its Resolution 6-151-87 adopted on June 30, 1987, with regard to Petition 87-6-2-25 submitted by A. R. K Heavy Equipment Repair requesting waiver use approval for a truck repair operation within an existing building located on the north side of Capitol Avenue between Farmington Road and Mayfield in the Southwest 1/4 of Section 27, which property is zoned M-1 , the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 87-6-2-25 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. #778-87 RESOLVED, that having considered the communication from the City Planning Commission dated July 30, 1987, which transmits its Resolution 7-164-87 adopted on July 21 , 1987, with regard to Petition 87-6-2-27 submitted by A. S. Nakadar, requesting waiver use approval for general office use within an existing office complex located on the west side of Farmington Road between Eight Mile Road and Norfolk in the Northeast 1/4 of Section 4, which property is zoned P.S. , the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. -1 23545 #779-87 RESOLVED, that having considered a communication from the Department of Law, dated July 22, 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 Karle D Steinhoff, which land is more particularly described as follows The East 60 feet of the following described parcel Beginning at a point in the East line of said Section 31 , situated South 2 degrees 12 minutes East 867.39 feet from the East quarter post of said Section 31 , running thence West 1347.99 feet to a point in the East line of Golden Ridge Subdivision No 1 , of the West half of the Southeast quarter of Section 31 , Livonia Township (now City of Livonia), Wayne County, Michigan, thence South 0 degrees 10 minutes 29 seconds East along said East line of said Subdivision No. 1 , 161 2 feet to a point, thence East 1353.65 feet to a point in the East line of said Section 31 , thence North 2 degrees 12 minutes West along said East line of Section 31 , 161 31 feet to the point of beginning lig (Newburgh Road right-of-way) (Tax item No. 46-124-99-0010-000) subject to the following conditions (1 ) that the purchase price shall be in the sum of $3000.00, (2) that the City of Livonia shall pay for the cost of title work in the sum of $150 00, and (3) that the City's portion of the prorated City, County, County Drain, School and Community College Taxes shall be in a sum not to exceed $300 00 BE IT FURTHER RESOLVED, that a sum not to exceed $3450 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 1780-87 RESOLVED, that having considered a communication from the Department of Law, dated July 22, 1987, approved by the City Engineer and the Finance Director, and approved for Immosubmission 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 Harley E Pyke, which land is more particularly described as follows 23546 The East 60 feet of the following described parcel City of Livonia, Town 1 South, Range 9 East, that part of the Southeast 1/4 of Section 31 , described as beginning at a point on the East section line distant South 2 degrees 12 minutes East 1028 70 feet from the East 1/4 corner of Section 31 and proceeding thence South 2 degrees 12 minutes East along said line 175 60 feet, thence West 300.0 feet, thence North 2 degrees 12 minutes West 175 60 feet, thence East 300 0 feet to the point of beginning. (Newburgh Road right-of-way) (Tax Item No 46-124-99-0011-000) subject to the following conditions (1 ) that the purchase price shall be in the sum of $3000 00, (2) that the City of Livonia shall pay for the cost of title work in the sum of $150 00, and (3) that the City's portion of the prorated City, County, County Drain, School and Community College Taxes shall be in a sum not to exceed $300 00 BE IF FURTHER RESOLVED, that a sum not to exceed $3450 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 #781-87 RESOLVED, that having considered a communication from the Department of Law dated August 3, 1987, and submitted pursuant to Council Resolution 593-87 and which submits its Opinion No 87-4 with regard to the number of years the Council may allow for installments on payback of sidewalk assessments, Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation A communication from the Chairman of the Planning Commission, dated July 31 , 1987 re Council Resolution 271-86, Revision and Amendment of P S. District Regulations was received and placed on file for the information of the Council #782-87 RESOLVED, that having considered the communication imme from the Livonia Cable Television Commission dated August 5, 1987, which bears the signature of the Finance Director, is approved by the Director of Community Resources and approved 23547 for submission by the Mayor Pro Tem, and which recommends approval of a request from the Livonia Chamber of Comirerce for the allocation of a maximum of $3,500 00 for support of a video production highlighting the City of Livonia, the Council does hereby concur in and approve of this request subject to Community and Municipal Access being given a minimum of ten (10) promotional spots on Channel 7, and an unlimited use of this promotion on the Cable System A roll call vote was taken on the foregoing resolutions with the following result. AYES• Taylor, Bennett, Ochala, Feenstra, Bishop, McCann. NAYS None. On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was #783-87 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 23, 1987, approved for submission by the Mayor Pro Tem, the Council does hereby authorize the release to Paragon Properties, Suite 215, 29200 Southfield Road, Southfield, Michigan 48076, the proprietor of the Belden Industrial Park Subdivision, located in the Southwest 1/4 of Section 28, the financial assurances previously deposited with respect to General Improvements in the amount of $62,000.00 and the Cash Bond related to the installation of Survey Monuments and Lot Corners in the amount of $890.00, pursuant to Council Resolution 23-86 adopted on January 15, 1986, and subsequently amended by Council Resolution 69-87, and all other financial assurances now on deposit with the City shall remain the same and unchanged, and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and Ordinances of the City of Livonia On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was 1784-87 RESOLVED, that having considered a communication from the City Planning Commission dated July 31 , 1987, which transmits its resolution 7-171-87 adopted on July 21 , 1987, with regard to the preliminary plat for the Sunset Woods Subdivision proposed to be located on the north side of Six Mile Road between Louise and Merriman Road in the the Southeast 1/4 of Section 11 , the 23548 City of Livonia, Wayne County, Michigan, and it appearing that the tentative approval of said Preliminary Plat was given by the City Planning Commission after due notice and a public hearing on July 21 , 1987, the City Council does hereby approve of the said Preliminary Plat, as revised on August 19, 1987, subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements. On a motion by Councilman Bennett, seconded by Councilman Ochala, it was #785-87 RESOLVED, that having considered the communication from the City Planning Commission dated July 30, 1987, which transmits its Resolution 7-169-87 adopted on July 21 , 1987, with regard to Petition 87-5-3-5 submitted by Robert L. Tipton, requesting the vacating of Pickford Avenue between Lathers and Harrison and the Northeast 1/4 of Section 12, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 87-5-3-5, subject to retention of a full width easement, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this Resolution LA roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Bennett, Ochala, Bishop, McCann NAYS Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was 1786-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated July 22, 1987 and submitted pursuant to Council Resolution 560-87 in connection with a letter from the Michigan Liquor Control Commission dated May 15, 1987 and the report and recommendation of the Chief of Police dated June 3, 1987, the Council does hereby approve of the request from Danny's of Livonia, Inc for a transfer of ownership of 1987 SDM licensed business from Danny's Foods, Livonia, Inc , for a business located at 17200 Farmington Road, Livonia, Michigan 48152, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission 23549 On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was 1787-87 RESOLVED, that the Council does hereby request that the City Planning Department submit a report and recommendation with respect to certain deficient items at Danny's Foods, 17200 Farmington Road, Livonia, Michigan 48152 including, but not limited to, the dumpster, fence, parking lot and the striping At 8 22 P.M Councilman Ochala left the podium. On a motion by Councilman Bishop, seconded by Councilman Feenstra, it was 1788-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated August 10, 1987 and submitted pursuant to Council Resolution 570-87 in connection with a communication from the City Planning Commission, dated April 6, 1987, which sets forth its resolution 3-60-87 adopted on March 24, 1987 with regard to Petition 87-1-1-6, submitted by Dominic Soave for a change of zoning on property located on the south side of Eight Mile Road between Middlebelt and Brentwood in the Northwest 1/4 of Section 1 from P.S to C-2, and the Council having conducted a public hearing with regard to this matter on June 1 , 1987, pursuant to Council Resolution 362-87, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 87-1-1-6 is hereby approved and granted as modified to rezone the subject property from P.S. to C-1 , 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 A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Feenstra, Bishop, McCann NAYS Bennett The President declared the resolution adopted At 8 24 P.M. Councilman Ochala returned to the Podium On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was 23550 #789-87 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated August 12, 1987, the Council does hereby request that the Department of Law prepare an amendment to the contract between the City of Livonia and the firm of Kamp-DiComo which would include the items outlined in a memorandum dated August 12, 1987 from the City Librarian the cost of which is $37,000 00 which contract is to be submitted to the City Council for its approval , and the Council does further appropriate and authorize the transfer of the sum of $37,000.00 from the Library Building Fund to the Municipal Building Authority Account for library construction for this purpose Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 9 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 87-3-1-13, rezoning from R-3 to R-2 and C-1 ) LA roll call vote was taken on the foregoing Ordinance with the following result AYES Taylor, Bennett, Ochala, Feenstra, Bishop, McCann. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Bishop took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 2 10 OF ARTICLE II OF ORDINANCE 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE " (Petition 87-3-6-1 ) A roll call vote was taken on the foregoing Ordinance with the following result AYES Taylor, Bennett, Ochala, Feenstra, Bishop, McCann imp NAYS None. 23551 he 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 SECTIONS 7 AND 8 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE No. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 87-2-1-8, change of zoning from AG to R-3 and R-4) 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 . IwoCouncilman Bishop gave first reading to the following Ordinance. AN ORDINANCE ADDING CHAPTER 26 (INSPECTION DEPARTMENT) TO TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was 790-87 RESOLVED, that having considered Proposed Amendment to the Livonia Code of Ordinances entitled the Inspection Department Ordinance, which received its First Reading by Councilman Bishop on August 19, 1987, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Councilman Bishop gave first reading to the following Ordinance AN ORDINANCE AMENDING TITLE 2, CHAPTER 25 (ENGINEERING DEPARTMENT) OF THE LIVONIA lbwCODE OF ORDINANCES, AS AMENDED On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was 23552 lio #791-87 RESOLVED, that having considered Proposed Amendment to the Livonia Code of Ordinances entitled the Engineering Department Ordinance, which received its First Reading by Councilman Bishop on August 19, 1987, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was #792-87 RESOLVED, that having considered a communication from the City Planning Commission dated June 8, 1987 which transmits its resolution 6-122-87 adopted on June 2, 1987 with regard to Petition 87-5-8-16 submitted by Bi-Con Construction requesting site plan approval in connection with a proposal to construct a one-story medical building on the Southeast corner of Seven Mile Road and Brentwood in Section 12, pursuant to the provisions set forth in Section 18.47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 87-5-8-16 is hereby approved and granted, such approval to be based upon the same conditions as those lim set forth in the aforesaid recommendation of the Planning Commission as well as the additional condition that internal compaction of trash and debris is required to be provided and no outside storage of trash or debris shall be permitted. On a motion by Councilman Bennett, seconded by Councilman Ochala, and unanimously adopted, it was #793-87 RESOLVED, that having considered a letter from Larry A Schroer, 37282 Vargo, Livonia, Michigan 48152 dated July 17, 1987 to which is attached a petition from certain residents of Gold Manor Subdivision on Vargo and Bennett, the Council does hereby request that the City Planning Commission, Engineering Department and Traffic Commission submit their respective reports and recommendations with respect to the proposed berming and landscaping of the City right-of-way east of Newburgh and north of Six Mile Road for the area adjacent to the residential property (approximately 600 feet) , further, the Traffic Commission and Planning Department are requested to submit their reports and recommendations relative to the possible elimination of access cut-thrus to Laurel Park from northbound Newburgh and the prohibiting of U-turns in the north and south end of the Newburgh L median, and the Traffic Commission is hereby requested to submit a report and recommendation with respect to establishing local 23553 traffic only regulations for Vargo and Bennett from Newburgh and Levan On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #794-87 RESOLVED, that the Council does hereby request that the Fire Department, Police Department and Traffic Commission submit their respective reports and recommendations with regard to a proposal to establish Bennett and Vargo as one-way streets and/or as dead end streets at Newburgh Road On a motion by Councilman Taylor, seconded by Councilman Bishop, it was #795-87 RESOLVED, that having considered a communication from the City Planning Commission dated July 31 , 1987 which transmits its resolution 7-177-87 adopted on July 21 , 1987 with regard to a sign permit application submitted by Malak Associates on behalf of America's Auto Village to erect a ground sign and approval of wall sign standards for buildings located on the east side of Middlebelt in Section 25, 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 conditions set forth in the aforesaid action of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Bennett, Ochala, Feenstra, Bishop NAYS McCann The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Ochala, it was #796-87 RESOLVED, that having considered the communication from the City Planning Commission dated June 29, 1987 which transmits its resolution 6-135-87 adopted on June 16, 1987 with regard to Petition 87-5-2-19 submitted by Bob George requesting waiver use approval to utilize an existing residence located 160 on the southwest corner of Eight Mile Road and Angling in the Northeast 1/4 of Section 1 for general office purposes, which property is zoned P S. , the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. 23554 A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Bennett, Ochala, Feenstra, Bishop. NAYS. McCann. The President declared the resolution adopted On a motion by Councilman Bennett, seconded by Councilman Ochala, it was RESOLVED, that having considered a communication from the City Planning Commission dated July 30, 1987 which transmits its resolution 7-165-87 adopted on July 21 , 1987 with regard to Petition 87-6-2-28 submitted by Perry Drugs, Inc. requesting waiver use approval to utilize an SDM license in conjunction with an existing drug store located north of Grand River between Eight Mile Road and Inkster Road in the Northeast 1/4 of Section 1 which property is zoned C-2, the Council does hereby reject the recommendation of the Planning Commission and Petition 87-6-2-28 is hereby denied for the following reasons. Lis 1 . The petitioner has failed to show that the proposed use complies with all of the waiver use standards and requirements as set forth in Section 11 03 and 19.06 of Zoning Ordinance 543, as amended 2. The proposed use is not compatible to the surrounding and established uses of the area but would adversely affect the surrounding area 3. The proposed use would not promote the public health, safety and welfare A roll call vote was taken on the foregoing resolution with the following result. AYES Bennett, Ochala, Feenstra NAYS Taylor, Bishop, McCann. The President declared the resolution denied. On a motion by Councilman Taylor, seconded by Councilman Bishop, Lit was RESOLVED, that having considered a communication from the City Planning Commission dated July 30, 1987 which transmits A4 23555 its resolution 7-165-87 adopted on July 21 , 1987 with regard to Petition 87-6-2-28 submitted by Perry Drugs, Inc. requesting waiver use approval to utilize an SDM license in conjunction with an existing drug store located north of Grand River between Eight Mile Road and Inkster Road in the Northeast 1/4 of Section 1 which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 87-6-2-28 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 A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Bishop, McCann. NAYS Bennett, Ochala, Feenstra The President declared the resolution denied At the direction of the Chair, the foregoing item was placed on the Agenda of the Study Meeting of August 24, 1987 On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #797-87 RESOLVED, that having considered a communication from the City Planning Commission dated July 30, 1987 which transmits its resolution 17-167-87 adopted on July 21 , 1987 with regard to Petition 87-6-2-30 submitted by Berean Baptist Church requesting waiver use approval to construct an addition to an existing church located on the south side of Eight Mile Road between Newburgh and Meadowview Lane in the Northeast 1/4 of Section 6 which property is zoned RUF-C, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 87-6-2-30 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 On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #798-87 RESOLVED, that having considered a communication from the City Planning Commission dated July 31 , 1987 which transmits its resolution 7-176-87 adopted on July 21 , 1987 with regard to Petition 87-7-8-24 submitted by Kamp-DiComo Associates requesting site plan approval to construct a one-story 23556 professional building on the east side of Farmington Road between Curtis and Pickford in Section 10 pursuant to the provisions set forth in Section 18.47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 87-7-8-24 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 the additional condition that internal compaction of trash and debris shall be required to be provided and no outside storage of trash or debris shall be permitted. A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Bennett, Ochala, Feenstra, McCann NAYS Bishop The President declared the resolution adopted On a motion by Councilman Ochala, seconded by Councilman Bishop, and unanimously adopted, it was #799-87 RESOLVED, that having considered a communication from the Department of Law and Director of Housing dated July 24, 1987, approved for submission by the Mayor Pro Tem and submitted pursuant to Council Resolution 559-87 in connection with a letter from William E Gutowski , 41275 Old Michigan Avenue, Canton, Michigan, dated May 12, 1987, as well as a letter from Richard Thomas, Attorney at Law, Plymouth, Michigan, dated May 27, 1987, wherein it is requested that the City convey certain property located at 9918 and 9920 Shadyside, Livonia, Michigan, to the Estate of Margret Gutowski , the Council does hereby refer this item back to the Law Department for an additional report and recommendation relative to the proposed sale of the subject property based upon a negotiated figure which would be sufficient to cover the payment of back taxes and such other expenses as may have been incurred by the City and/or current market value of the subject property On a motion by Councilman Taylor, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the City Planning Commission dated August 6, 1987 which transmits its resolution 8-178-87 adopted on August 4, 1987 with regard to Petition 87-6-2-29 submitted by Sheppard Engineering requesting a waiver use approval to expand an existing restaurant located on the south side of Plymouth Road between Stark and Farmington 23557 Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 87-6-2-29 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 On a motion by Councilman Feenstra, seconded by Councilman Ochala, it was #800-87 RESOLVED, that having considered a communication from the City Planning Commission dated August 6, 1987 which transmits its resolution 8-178-87 adopted on August 4, 1987 with regard to Petition 87-6-2-29 submitted by Sheppard Engineering requesting a waiver use approval to expand an existing restaurant located on the south side of Plymouth Road between Stark and Farmington Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, the Council does hereby refer this item to the next Study Session to be conducted on August 24, 1987 A roll call vote was taken on the motion to refer with the following result• AYES Taylor, Bennett, Ochala, Feenstra, Bishop, McCann NAYS None The President declared the resolution to refer adopted On a motion by Councilman Ochala, seconded by Councilman Feenstra, and unanimously adopted, it was 1801-87 RESOLVED, that having considered the report and recommendation of the Finance Director dated August 17, 1987 and approved for submission by the Mayor Pro Tem with regard to a letter from the City Treasurer dated August 10, 1987 in connection with Council Resolution 639-87 and the form of the City's investments, the Council does hereby expressly authorize the Finance Director to make City investments in United States securities as set forth in Section 1 of 1982 PA 217, MCLA 129.91 , specifically including but not limited to Bonds, Certificates of Deposit, direct obligations of the United States or an agency or instrumentality of the United States, commercial paper and all of the other forms of investments described in MCLA 129 91 . la• On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 23558 #802-87 RESOLVED, that having considered a communication dated August 6, 1987, from the Department of Law transmitting for Council acceptance a Quit Claim Deed, more particularly described as Quit Claim Deed dated July 27, 1987, executed by Kerry Holmes, Sharon R. Holmes, Stanley M Zasuwa, and Kathleen Zasuwa, partners, on behalf of H & Z Investments, a partnership, for The East 43 feet of the following described parcel of land That part of the S E 1/4 of Section 28, T.1S , R 9E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the center line of Stark Road distant S. 89°40' 50" East 608 30 feet and S. 13°39'20" West 209 51 feet from the center 1/4 corner of said Section 28, proceeding S 13°39'20" West along said center line 134.0 feet, thence N 89°12'40" West 243.73 feet, thence N. 0°40' 10" East 129 52 feet, thence S 89°26'45" East 273.85 feet to the point of beginning (Part of Bureau of Taxation Parcel 28S - Stark Road Right-of-Way) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deed 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 Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #803-87 RESOLVED, that having considered the communication from the Director of Community Resources dated August 4, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem, the Council does hereby accept a cash donation in the amount of $300 00 from Eagle Specialties, Inc. , 28397 Goddard, Romulus, Michigan 48174, the purpose of which is to provide funding for the Livonia Youth Assistance program Parent Support Group and Resource Library, and the Council does hereby increase Sundry Income Account 101-000-698.000 and Community Resources Account 101-891-886.140 each in the amount of $300 00 On a motion by Councilman Taylor, seconded by Councilman Feenstra, and immunanimously adopted, it was 23559 #804-87 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated August 5, 1987, approved for submission by the Finance Director and the Mayor Pro Tem, the Council does hereby accept the following donations for the noted purposes 1 . Sandlotters of Michigan $500 00 for scoreboard on Diamond #2 at Ford Field 2 Livonia Junior Football League $750 00 for scoreboard on Diamond #2 at Ford Field 3. Livonia Y Soccer Program $100 00 for landscape material at Jaycee Park On a motion by Councilman Ochala, seconded by Councilman Feenstra, and unanimously adopted, it was #805-87 RESOLVED, that having considered a communication from the Department of Law, dated August 10, 1987, submitted pursuant to Council Resolution 565-87, transmitting for Council acceptance a warranty deed dated June 25, 1987, conveying to the City certain property described as follows Land in the City of Livonia, County of Wayne and State of Michigan, described as Lot 3, except the South 6 feet thereof, Horton's Subdivision, as recorded in Liber 32, Page 24 of Plats, Wayne County Records 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 Bishop, seconded by Councilman Ochala, and unanimously adopted, it was 1806-87 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 a. 23560 lie On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was 1807-87 RESOLVED, that having considered the report and recommendation of the Chief of Police dated August 12, 1987 which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, the Council does hereby reject the bids received on August 11 , 1987 and in lieu thereof accepts the quotation from Hines Park Lincoln-Mercury, Inc. 40601 Ann Arbor Road, Plymouth, Michigan 48170 in the amount of $17,100.00 for the purchase from the City of a 1986 Lincoln Mark VII , the proceeds of which sale are to be deposited in the Adjudicated Drug Money Account 702-000-285-210 in accordance with State Law, the action herein being taken for the reasons indicated in the aforesaid communication On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was 1808-87 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District lar 287 for street improvement consisting of placing 4" of asphalt over the existing roadway (Alternate IV) on Myrna, Loveland to Hubbard located in the Southwest 1/4 of Section 15 in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, August 17, 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 on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvement to be constructed in Special Assessment District 287, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated July 9, 1987, in the amount of $23,593 01 , 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 impEngineer and resolutions of the City Council , 23561 (2) Said Special Assessment Roll 287 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight percent (8%) per annum on the unpaid balance of the assessment from the date of confirmation Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll , said rate of interest shall be adjusted to a rate which is not more than 1% above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10 00) 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 , 1988 and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3.08 190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08 190 Any property owner assessed may, within sixty (60) days from December 1 , 1987 pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1988 City tax roll in the manner required by Section 3 08 210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1 , 1987 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 imp 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 any unpaid installments, and 23562 ibm (6) The City Council does hereby determine to pay 15% of the paving costs ($4,163 47) and 100% of the drainage costs ($0 0O) for a total amount of $4,163 47 A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Bennett, Ochala, Feenstra, Bishop, McCann. NAYS None. On a motion by Councilman Taylor, seconded by Councilman Ochala, it was #809-87 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District 288 for street improvement of Brightmoor Home Acres Subdivision, located in the Southwest 1/4 of Section 15 in the City of Livonia, Wayne County, Michigan, which property would be improved by placing 4" of asphalt over the existing roadway, 20' to 22' wide (Alternate IV) as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon imp on Monday, August 17, 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 on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvement to be constructed in Special Assessment District 288, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated July 1 , 1987, in the amount of $255,469 12, 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 288 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten lio (10) equal annual installments with interest at the rate of eight percent (8%) per annum on the unpaid 23563 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 , 1988 and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 08 190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08.190 Any property owner assessed may, within sixty (60) days from December 1 , 1987 pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1988 City tax roll in the manner required by Section 3.08 210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1 , 1987 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 any unpaid installments, and (6) The City Council does hereby determine to pay 15 5% of the paving costs ($46,884 20) and 100% of the drainage costs ($37,838 97) for a total amount of $84,723.17 A roll call vote was taken on the foregoing resolution with the following result. 23558 #802-87 RESOLVED, that having considered a communication dated August 6, 1987, from the Department of Law transmitting for Council acceptance a Quit Claim Deed, more particularly described as. Quit Claim Deed dated July 27, 1987, executed by Kerry Holmes, Sharon R. Holmes, Stanley M Zasuwa, and Kathleen Zasuwa, partners, on behalf of H & Z Investments, a partnership, for. The East 43 feet of the following described parcel of land. That part of the S.E. 1/4 of Section 28, T 1S. , R.9E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the center line of Stark Road distant S 89°40' 50" East 608 30 feet and S 13°39'20" West 209.51 feet from the center 1/4 corner of said Section 28, proceeding S. 13°39'20" West along said center line 134 0 feet, thence N 89°12' 40" West 243 73 fat, thence N. 0°40' 10" East 129.52 feet, thence S. 89°26'45" East 273.85 feet to the point of beginning (Part of Bureau of Taxation Parcel 28S - Stark Road Right-of-Way) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deed 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 Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #803-87 RESOLVED, that having considered the communication from the Director of Community Resources dated August 4, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem, the Council does hereby accept a cash donation in the amount of $300 00 from Eagle Specialties, Inc , 28397 Goddard, Romulus, Michigan 48174, the purpose of which is to provide funding for the Livonia Youth Assistance program Parent Support Group and Resource Library, and the Council does hereby increase Sundry Income Account 101-000-698.000 and Community Resources Account 101-891-886 140 each in the amount of $300.00 On a motion by Councilman Taylor, seconded by Councilman Feenstra, and Lunanimously adopted, it was 23559 #804-87 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated August 5, 1987, approved for submission by the Finance Director and the Mayor Pro Tem, the Council does hereby accept the following donations for the noted purposes• 1 . Sandlotters of Michigan $500 00 for scoreboard on Diamond #2 at Ford Field. 2 Livonia Junior Football League $750.00 for scoreboard on Diamond #2 at Ford Field 3. Livonia Y Soccer Program $100.00 for landscape material at Jaycee Park On a motion by Councilman Ochala, seconded by Councilman Feenstra, and unanimously adopted, it was #805-87 RESOLVED, that having considered a communication from the Department of Law, dated August 10, 1987, submitted pursuant to Council Resolution 565-87, transmitting for Council acceptance a warranty deed dated June 25, 1987, conveying to the City certain property described as follows Land in the City of Livonia, County of Wayne and State of Michigan, described as Lot 3, except the South 6 feet thereof, Horton' s Subdivision, as recorded in Liber 32, Page 24 of Plats, Wayne County Records 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 Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #806-87 RESOLVED, that the Council does hereby suspend their imp 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 23560 On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was 1807-87 RESOLVED, that having considered the report and recommendation of the Chief of Police dated August 12, 1987 which bears the signature of the Finance Director and is approved for submission by the Mayor Pro Tem, the Council does hereby reject the bids received on August 11 , 1987 and in lieu thereof accepts the quotation from Hines Park Lincoln-Mercury, Inc. 40601 Ann Arbor Road, Plymouth, Michigan 48170 in the amount of $17,100.00 for the purchase from the City of a 1986 Lincoln Mark VII , the proceeds of which sale are to be deposited in the Adjudicated Drug Money Account 702-000-285-210 in accordance with State Law, the action herein being taken for the reasons indicated in the aforesaid communication On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was #808-87 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District 287 for street improvement consisting of placing 4" of asphalt over the existing roadway (Alternate IV) on Myrna, Loveland to Hubbard located in the Southwest 1/4 of Section 15 in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, August 17, 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 on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvement to be constructed in Special Assessment District 287, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated July 9, 1987, in the amount of $23,593 01 , 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 , 23561 160 (2) Said Special Assessment Roll 287 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight percent (8%) per annum on the unpaid balance of the assessment from the date of confirmation Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll , said rate of interest shall be adjusted to a rate which is not more than 1% above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10 00) 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 , 1988 and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3 08 190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08 190 Any property owner assessed may, within sixty (60) days from December 1 , 1987 pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1988 City tax roll in the manner required by Section 3.08.210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1 , 1987 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 lbw 3.08.220 then there shall be spread upon the tax roll for such year only the interest for any unpaid installments, and 23562 imp (6) The City Council does hereby determine to pay 15% of the paving costs ($4,163.47) and 100% of the drainage costs ($0.00) for a total amount of $4,163.47. A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Bennett, Ochala, Feenstra, Bishop, McCann. NAYS: None. On a motion by Councilman Taylor, seconded by Councilman Ochala, it was #809-87 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District 288 for street improvement of Brightmoor Home Acres Subdivision, located in the Southwest 1/4 of Section 15 in the City of Livonia, Wayne County, Michigan, which property would be improved by placing 4" of asphalt over the existing roadway, 20' to 22' wide (Alternate IV) as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon Imm on Monday, August 17, 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 on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvement to be constructed in Special Assessment District 288, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated July 1 , 1987, in the amount of $255,469 12, 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 288 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the imp rate of eight percent (8%) per annum on the unpaid 23563 balance of the assessment from the date of confirmation. irmo 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 , 1988 and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3.08.190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3 08.190 Any property owner assessed may, within sixty (60) days from December 1 , 1987 pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1988 City tax roll in the manner required by Section 3 08.210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1 , 1987 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 any unpaid installments, and (6) The City Council does hereby determine to pay 15 5% of the paving costs ($46,884 20) and 100% of the drainage costs ($37,838 97) for a total amount of $84,723.17. A roll call vote was taken on the foregoing resolution with the following result. I. 23564 lbwAYES: Taylor, Bennett, Ochala, Bishop, McCann. NAYS: Feenstra The President declared the resolution adopted On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #810-87 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 17, 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 unit price bid of Thompson McCully Company, 11620 Whitmore Lake Road, Whitmore Lake, Michigan 48189, for the Section 15 S.A.D. Street Paving Program for the estimated total cost of $319,955 45 based upon the Engineering Department's estimate of units involved and subject to a final payment based upon actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, further, the Council its does hereby appropriate and authorize a sum not to exceed $319,955.45 from the $7.9 Million General Obligation Road Improvement Bond Issue with the provisions that (1 ) the Bond Issue be reimbursed for that portion of the project which is to be financed by special assessment at such time as funds are available from a future special assessment bond issue and (2) the Bond Issue be reimbursed for the City's portion of the project at such time as funds may be available from the next Motor Vehicle Highway Fund Bond Issue, and the City Engineer is hereby authorized to approve minor adjustments in the work, as completed, and in the event that Alternate III and II rolls are confirmed for Brightmoor Home Acres Subdivision, the Engineering and Building Department is (1 ) authorized to go out for bids for said subdivision and resubmit assessment rolls based on actual bid prices and (2) authorized to have the contractor, Thompson McCully, do only Myrna under this contract, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Ochala, seconded by Councilman Taylor, it was lis #811-87 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District 23565 289 for street improvement consisting of placing 4" of asphalt over the existing roadway (20 to 22 feet wide) (Alternate IV) on Fairfield and Mayfield (south of Six Mile Road), located in the Northwest 1/4 of Section 15 in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, August 17, 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 on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvement to be constructed in Special Assessment District 289, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated June 15, 1987, in the amount of $61 ,168.20, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council , (2) Said Special Assessment Roll 289 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight percent (8%) per annum on the unpaid balance of the assessment from the date of confirmation Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll , said rate of interest shall be adjusted to a rate which is not more than 1% above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10.00) 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 , 1988 and subsequent installments on December 1st of succeeding years, low (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 23566 then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3.08.190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3.08.190. Any property owner assessed may, within sixty (60) days from December 1 , 1987 pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1988 City tax roll in the manner required by Section 3.08.210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1 , 1987 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 any unpaid installments, and (6) The City Council does hereby determine to pay 15% of the paving costs ($10,794 39) and 100% of the drainage costs ($8,588 71 ) for a total amount of $19,383.10. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Bennett, Ochala, Feenstra, Bishop, McCann. NAYS None. The President declared the resolution adopted On a motion by Councilman Bennett, seconded by Councilman Ochala, and unanimously adopted, it was #812-87 RESOLVED, that the Council does hereby approve the addition of the paving improvement to be installed on Fairfield and Mayfield (south of Six Mile Road) located in the Northwest 1/4 of Section 15 to an existing contract (87-E) that the City currently has with Holloway Construction Company, based on unit prices submitted by Holloway Construction Company, with the total cost of Alternate IV estimated at $80,551 .30, the City's share being $19,383.10. 23567 iws On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, this 1 ,110th Regular Meeting of the Council of the City of Livonia was adjourned at 8:55 P.M. , August 19, 1987. Robert,f,. Nash, City Cl rkf'