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HomeMy WebLinkAboutCOUNCIL MINUTES 1987-09-30 23625 6 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND TWELFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 30, 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. Councilwoman McCotter delivered the invocation. Roll was called with the following result: Present Robert E. McCann, Joan McCotter, Fernon P. Feenstra, Robert R. Bishop, Gerald Taylor, Robert D. Bennett and Ron Ochala; Absent: None. Elected and appointed officials present. Robert F. Nash, City Clerk; Harry Tatigian, City Attorney; John Nagy, Planning Director; Raul Galindo, City Engineer, David Preston, Finance Director, Ron Reinke, Superintendent of Parks and Recreation, Marilyn Kazmer, Director of Legislative Affairs, James Inglis, Housing Director, lbwJohn J. Fegan, Director of Building Inspection, Lee Grieve, Deputy Police Chief, Robert Beckley, Director of Public Works; William MacDonald, Ordinance Enforcement Supervisor and Sue Daniel , Chairperson of the Historical Commission. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted*, it was A #875-87 RESOLVED, that the minutes of the 1 ,111th Regular Meeting of the Council of the City of Livonia, held September 3, 1987 are hereby approved. *Councilman Bishop abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04.190 B of the Livonia Code of Ordinances. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted*, it was #876-87 RESOLVED, that the minutes of the 202nd Special Meeting L of the Council of the City of Livonia, held September 21 , 1987 are hereby approved. 23626 16. *Councilman Ochala abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04.190 B of the Livonia Code of Ordinances. A communication from the Finance Director, dated September 22, 1987 forwarding various financial statements of the City of Livonia for the month ending August 31 , 1987 was received and placed on file for the information of the Council . On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was 1877-87 RESOLVED, that having considered a letter from Sheryl A. Lorenger, dated August 28, 1987, wherein a request is submitted for a waiver of all license fees and permit costs in connection with the Frost Holiday Arts and Crafts Show to be conducted on Saturday, November 7, 1987, and which also requests permission to place two (2) free standing announcement signs in connection with this activity commencing October 24, 1987, and which ought Lto be removed on November 10, 1987, and which are to be placed at the following locations: (a) On the easement of the north-east corner of Stark Road and Jeffries Service Drive; and (b) On the south-west corner of Lyndon and Farmington Road. the Council does hereby grant and approve this request in the manner and form herein submitted. #878-87 RESOLVED, that having considered a letter from Carole S. Stauffer, dated September 8, 1987, wherein it is requested that exhibitors' fees be waived in connection with the Third Annual Arts & Crafts Show to be conducted on Friday, November 6, 1987, in the Parish Hall of St. Edith Catholic Church, and which also requests permission to place a sign in front of the Church in connection with this activity, the Council does hereby grant and approve this request in the manner and form herein submitted. #879-87 RESOLVED, that having considered a letter from the Water and Sewer Board dated August 25, 1987, approved by the Director of Finance and approved for submission by the Mayor LPro Tem, which transmits its Resolution WS 2770 8/87, the Council does hereby accept the bid of Rockwell International Corporation, 1996 University Lane, Lisle, Illinois 60532, for supplying the 23627 Ihy Public Service Division (Water Maintenance Section) with Compound Water Meters (with remote reading device) at the unit price bid, as shown in the attachment, the same having been in fact the lowest bid received which meets specifications; and the bid of Hersey Products, Inc. , is hereby rejected since the same does not meet specifications. #880-87 RESOLVED, that having considered a communication from the Water and Sewer Board dated August 25, 1987, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, which transmits its Resolution WS 2771 8/87, the Council does hereby accept the bid of Hersey Products, Inc. , Highway 70 East, P.O. Box 128, Cleveland/Rowan, North Carolina 27013, for supplying the Public Service Division (Water Maintenance Section) with Detector Check Valves with Bypass Fittings, less meter, at the unit price bid shown in the attachment, the same having been in fact the lowest bid received and meets all specifications and the bid of PVF Marketing, Inc. , 19999 Dividend Drive, P O. Box 28227, Columbus, Ohio 43228 is hereby rejected since the same does not meet specifications #881-87 RESOLVED, that having considered the letter from the Water and Sewer Department dated August 25, 1987, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, and which transmits its Resolution WS 2772 8/87, the Council does hereby accept the bid of Price Brothers Co. , 25284 Seeley Road, Novi , Michigan 48050, for supplying the Public Service Division (Water Maintenance Section) with Fire Hydrants, Extension Kits, and Repair Kits at the unit prices bid as shown in the attachment, the same having been in fact the lowest bid received which meets specifications. #882-87 RESOLVED, that having considered a communication from the Water and Sewer Board dated August 25, 1987, approved by the Director of Finance and approved for submission by the Mayor Pro Tem, which transmits its Resolution WS 2773 8/87, the Council does hereby accept the bid of Aetna Supply Company, 529 32nd Street, S.E. , Wyoming, Michigan 49508 for supplying the Public Service Division (Water Maintenance Section) with Water Main Repair Clamps at the unit prices bid and for a total estimated amount of $7,431 .35, the same having been in fact the lowest bid received and meets all specifications. #883-87 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 18, 1987, approved for submission by the Mayor Pro Tem and submitted pursuant to Council Resolution 466-87, the Council does hereby accept the offer to purchase the City-owned property located at 9436 Stark Road, from Lawrence M Tinskey, 12143 Leverne, Redford, Michigan 48239, in the amount of $9,010.00 cash, the same having been in fact the highest offer received, and the Mayor Pro Tem and the City Clerk are hereby requested to execute 23628 Iwoan appropriate Deed of Conveyance subject to approval as to form by the Department of Law. #884-87 RESOLVED, that having considered the report and recommendation of the Chief of Police and the Finance Director, dated September 14, 1987, approved for submission by the Mayor Pro Tem, the Council does hereby accept the offer to purchase the City-owned property located at 29157 Perth, Livonia, Michigan, from Gerald R. and Cynthia M Cyrul , 9161 Centralia, Redford, Michigan 48239, in the amount of $79,500.00, the same having been in fact the highest offer received; and the Council does hereby request that the Mayor and City Clerk execute an appropriate Deed of Conveyance for and on behalf of the City of Livonia, subject to approval as to form by the Department of Law #885-87 RESOLVED, that having considered a letter from Mary Beth Sikora and Cecilia Coffey, dated September 17, 1987, requesting permission to close Woodside between Parkhurst and Howell on October 3, 1987, from 3 00 to 9:00 p.m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. 161. #886-87 RESOLVED, that having considered a letter from Carl G. Yarling, Jr. , 14088 Cranston, Livonia, Michigan 48154, dated September 3, 1987, wherein a request is submitted for the addition and removal of certain traffic control devices on Hubbard between Jamison and Five Mile Road, the Council does hereby refer this item to the Traffic Commission for its report and recommendation. #887-87 RESOLVED, that having considered a letter from the President of Exhibit Works, 13211 Merriman Road, Livonia, Michigan 48150, dated August 20, 1987, wherein a request is submitted for the purchase of certain City-owned property located west of Merriman Road and north of the C & 0 Railway, and which is .72 acres in size, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #888-87 RESOLVED, that having considered a letter from Richard A. Weber, dated September 11 , 1987, and a letter from John J. Mahn, dated September 21 , 1987, each of which indicates an interest in the purchase of City-owned property located at 31600 Plymouth Road, Livonia, Michigan (Parcel G34bla), the Council does hereby determine to take no further action. #889-87 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated August 31 , 1987, approved for submission by the Mayor Pro Tem, the Council does hereby authorize the extension of the City's current policy for Worker's Compensation Insurance from July 1 , 1988 to December 1 , 1988, the action herein being taken for the reasons indicated 23629 L in the aforesaid communication, 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 3.04.140D2 of the Livonia Code of Ordinances, as amended. #890-87 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated August 28, 1987, approved for submission by the Mayor Pro Tem, the Council does hereby approve and authorize the adjustment of the following budgets for the year ending November 30, 1986: INCREASE ACCOUNT NUMBER DESCRIPTION (DECREASE) 101-781-709-000 Forestry, Overtime $ 18,700.00 101-781-725-010 Forestry, Transfer 25,810.00 101-263-923-000 Utilities, Heat (1 ,353.00) 101-310-719-000 Police Communication, Longevity 1 ,353 00 101-444-712-020 DPS Administration, Salary/Wages Transfers (20,000 00) 101-444-725-020 DPS Administration, Benefit Transfers (45,000.00) ii. 101-463-725-020 Streets, Benefit Transfer (133,000.00) 101-920-718-100 Sick/Vacation Termination Pay 312,483 00 Total General Fund $158,993.00 Further, the Council does hereby approve the following budgets for the year ending November 30, 1986 MUNICIPAL BUILDING AUTHORITY DEBT SERVICE REVENUE $362,700 EXPENSE $245,000 MOTOR VEHICLE HIGHWAY DEBT SERVICE REVENUE $729,100 EXPENSE $719,400 A communication from the Director of Finance, dated September 10, 1987, re the annual reports received from the General Depositories of the City as well as the Collecting Agents for taxes and water bills was received and placed on file for the information of the Council . 1891-87 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 3, 23630 1987, and approved for submission by the Mayor Pro Tem, the Council does hereby approve budget adjustments for data processing costs (which are $31 ,267.50 higher than expected) in the accounts and in the amounts indicated in the attachments. #892-87 RESOLVED, that having considered a letter from R C Products, Inc. , 13000 Fairlane, Livonia, Michigan 48150, dated September 11 , 1987, wherein it is indicated that R C Products, Inc. intends to transfer facilities from the aforesaid address to Milford Township, and which further indicates that R C Products, Inc desires to obtain a 74 PA 198 exemption for the Milford Township facility, the Council does hereby consent to the transfer as herein requested, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #893-87 RESOLVED, that having considered a communication from the City Assessor,dated August 27, 1987, approved for submission by the Mayor Pro Tem, with regard to a request from Arbor Drugs, Inc. , 1818 Maplelawn, Box 2510, Troy, Michigan 48084, the Council does hereby approve of the proposed division of Tax Item 46 123 99 0027 002 into three parcels, the legal descriptions of which shall read as follows. PARCEL I A parcel of land in the S.W 1/4 of Section 31 , T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as: Commencing at the S. 1/4 corner of Section 31 , T. 1 S. , R. 9 E. , and proceeding thence along the South line of said section, S. 89° 51 ' 22" W. , 243 0 ft. , thence due North 60 ft. to the point of beginning of the parcel herein described, said point being the North line of Joy Road (120 ft. wd. ) , thence S 89° 51 ' 22" W. , along the North line of Joy Road (120 ft. wd. ) , 305 ft. to a point, thence due North 544. 53 ft. to the South line of "Dover Court Sub'n No. 2" (Recorded in Liber 91 , P. 74), thence N. 89° 39' 54" E. along said South line, 505.01 ft. to a point, said point being the West line of Hix Road (86 ft. wd. ) ; thence due South 346 02 ft. to a point, thence S 89° 48' 06" W. 200.00 ft to a point, thence due South 200 00 ft. to the point of beginning, containing 5 40 acres of land more or less Said parcel being subject to easement of record: PARCEL II A parcel of land in the S. W 1/4 of Section 31 , T. 1 S. , R. 11. 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as 23631 Commencing at the South 1/4 corner of Section 31 , T. 1 S. , R. 9 E. , and proceeding thence along the South line of said section, S. 89° 51 ' 22" W , 548 ft. , thence due North 60 ft. to the point of beginning of the parcel herein described, said point on the North line of Joy Road (120 ft. wd. ), thence S. 89° 51 ' 22" W. along the North line of Joy Road (120 ft. wd. ), 215 ft to a point, thence due North 195 ft. to a point; thence N. 89° 51 ' 22" E , 215 ft. to a point; thence due South 195 ft. to a point of beginning, containing 0.96 acres of land more or less, said parcel being subject to easements of record. PARCEL III A parcel of land in the S. W. 1/4 of Section 31 , T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as. Commencing at the S. 1/4 corner of Section 31 , T. 1 S. , R. 9 E. , and proceeding thence along the South line of said section, S. 89° 51 ' 22" W. , 758 ft. ; thence due North 60 ft. to the point of beginning of the parcel herein described, said point being on the North line of Joy Road (120 ft. wd ) ; thence S. 89° 51 ' 22" W. , 323.16 ft to a point, said point being the Easterly line of "Dover Court Sub'n No. 2" (Recorded in Liber 91 , P. 74), thence due North along the Easterly line of "Dover Court Subdivision No. 2", 403.84 ft. to a point, thence continuing along Easterly line of "Dover Court Sub'n No. 2" N 29° 55' 17" E. , 160 79 ft to a point, said point being on the Southerly line of Dover Court Sub'n No. 2, thence N. 89° 39' 54" E along Southerly line of Dover Court Sub'n No. 2, 457.96 ft. to a point; thence due South 349.53 ft. to a point, thence S. 89° 51 ' 22" W. , 215 ft to a point, thence due South 195 ft to the point of beginning, containing 5.63 acres of land, more or less, said parcel being subject to easements of record as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. #894-87 RESOLVED, that having considered the report and recommendation of the Chief of Police and Finance Director, dated August 24, 1987, approved for submission by the Mayor Pro Tem, the Council does approve each and every one of the high bids received with respect to the sale of used Police vehicles and forfeited vehicles in the manner and form set forth in the aforesaid communication, further, the Council does hereby authorize the deposit of the receipts of the sale of the used Police vehicles in Account 101-309-939-000 (Police Department Vehicle Maintenance), and the deposit of the receipts of the sale of forfeited vehicles in Account 702-000-285-210 (Adjudicated Drug Monies). 23632 lip 1895-87 RESOLVED, that having considered the report and recommendation of the Police Chief, dated August 21 , 1987, approved for submission by the Mayor Pro Tem, and to which is attached a letter from the Federal Bureau of Investigation, requesting permission to construct a temporary 8 x 12 ft. building on the grounds of the Livonia Police Gun Range the purpose of which is to provide additional storage space, the Council does hereby grant and approve this request, provided however, that the Federal Bureau of Investigation and the United States Government shall acquire no ownership rights in the said building or the property upon which it sits by reason of the action taken herein. #896-87 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 16, 1987, and the report and recommendation of the Chief of Police, dated September 10, 1987, in connection therewith, the Council does hereby approve the request from Southland Corporation to add Nick Canzano as co-licensee to 1987 SDM Licensed Business located at 27435 Seven Mile Road, Livonia, Michigan, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #897-87 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 15, 1987, and the report and recommendation of the Chief of Police dated September 10, 1987, in connection therewith, the Council does hereby determine that it has no objection to and does recommend approval of the request from Dominic Soave A/K/A Domenic Soave and Michael Soave for a new SDM license to be located at 19213 Newburgh, Livonia, Michigan 48152, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #898-87 RESOLVED, that having considered a communication from the Historical Commission dated September 6, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem, the Council does hereby accept a 1931 Aermator Windmill with Tower, Mill and Pump for Greenmead from Mr. John W Wild of Cave Creek, Arizona, further the Council does hereby request that the Department of Public Works do all things necessary to pick up the windmill from Mr. Wild's daughter in Brighton, Michigan. #899-87 RESOLVED, that having considered a letter from the Historical Commission dated September 16, 1987, approved by the Finance Director, and approved for submission by the Mayor Pro Tem, the Council does hereby authorize the transfer of the lw• sum of $3,000.00 from Account 101-737-928-000 to Account 101-737- 976-120, the purchase of which is to complete the restoration of Cranson Hinbern House. 23633 L #900-87 RESOLVED, that having considered a communication from the Historical Commission, dated September 6, 1987, approved by the Finance Director, and approved for submission by the Mayor Pro Tem, the Council does hereby accept the donation of an outhouse to be located at Greenmead from the Newburg United Methodist Church, 36500 Ann Arbor Trail , Livonia, Michigan; and the Council does hereby request that the Public Service Division move the outhouse to Greenmead to be placed in the Historical Village. #901-87 RESOLVED, that having considered the report and recommendation of the City Engineer dated September 17, 1987, which bears the signature of the Finance Director, and is approved for submission by the Mayor Pro Tem, the Council does hereby authorize an increase in the contract of Core Concrete Construction, 31553 Gable, Livonia, Michigan 48152, in the amount of $35,000.00 in connection with the 1987 sidewalk program previously authorized in Council Resolution 511-87 in order to complete the sidewalks on Wayne Road from Six Mile to Seven Mile and on Fremont from Joy to Dover; and the Council does hereby appropriate as an advance from the $7.9 Million General Obligation Road Improvement Bond Issue the amount of $35,000 00 for this purpose with the provision that this bond issue be reimbursed at such time as funds are subsequently received from the payment of assessments by affected property owners; and the Council does hereby authorize the said item without competitive bids for the reasons indicated in the aforesaid communication and such actions are taken in accordance with the provisions set forth in Section 3.04 140D5 of the Livonia Code of Ordinances, as amended, further, the Council does hereby request that the Director of Finance submit a report relative to the status of the $7.9 Million General Obligation Road Improvement Bond Issue. #902-87 WHEREAS, Inkster Road between Joy Road and 1-96 is in need of improvement, and WHEREAS, it is contemplated to undertake this improvement in cooperation with Wayne County, utilizing Federal Aid Urban System (F.A.U.S. ) monies; NOW, THEREFORE, BE IT RESOLVED that the City of Livonia intends to enter into an agreement with Wayne County to improve Inkster Road between Joy Road and 1-96, the project to be partially funded from the F.A.0 S. program, and BE IT FURTHER RESOLVED that the City intends to pay an estimated amount of $83,250 as its 6-1/4% share of the construction and traffic signal upgrading costs of the improvement. 23634 iim #903-87 RESOLVED, that having considered the document titled The Capital Improvement Program, 1988-1993, which has been submitted by the Planning Commission pursuant to 1931 PA 285, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation. #904-87 RESOLVED, that having considered the communication from the Planning Commission dated August 25, 1987, which transmits its Resolution 8-190-87 with regard to Petition 87-5-3-6 submitted by Arturo Tartaglia, requesting the vacating of a portion of Haldane Avenue, East of Fitzgerald, North of Seven Mile Road, in the SW 1/4 of Section 5, the Council does hereby defer taking action with respect to this matter until such time as it receives a report from the Engineering Department with respect to the status of drainage of this property; further, the Council does hereby request a report from the City Assessor regarding the ownership of Lots 19, 20, 21 , 51 , 52 and 53 of the Fitzgerald Gardens Subdivision #905-87 WHEREAS, the City of Livonia has received a request from Paragon Properties Company, dated August 31 , 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 19 8 acres lying in the Northeast 1/4 of Section 27, 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. 43 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. 43. 2. This City Council sets Monday, October 26, 1987, at 8:00 o'clock 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. 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 23635 of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above. #906-87 WHEREAS, the City of Livonia has received a request from Paragon Properties Company, dated August 31 , 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 23.075 acres lying in the Southwest 1/4 of Section 28, 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. 44 ' 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 lbwIndustrial Development District No 44. 2. This City Council sets Monday, October 26, 1987, at 8:00 o'clock 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. 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 #907-87 WHEREAS, the City of Livonia has received a request from Best Block Company, dated August 31 , 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 23636 WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 5.16 acres lying in the North 1/2 of Section 27, 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. 45.* 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. 45. 2. This City Council sets Monday, October 26, 1987, at 8:00 o'clock 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. 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 Imm on the question of establishing the Industrial Development District described above. 1908-87 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5.2934; MCLA 125.584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, October 26, 1987 at 8:00 P.M. , the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1 ) Petition 87-6-1-26 submitted by Schneider Development, Inc. , for a change of zoning of property located on the south side of Plymouth Road between Newburgh and Eckles Road, in Section 30 from RUF to R-7, the City Planning Commission in its resolution 9-204-87 having recommended to the City Council that Petition 87-6-1-26 be denied, and (2) Petition 87-7-1-28 submitted by Richard Herbel , for a change of zoning of property located on the East side of Newburgh, North of Plymouth Road in the Southwest 1/4 of Section 29, from RUF to PS, the City Planning Commission in its resolution 9-205-87 having recommended to the City Council that Petition 87-7-1-23 be approved, 23637 IwpFURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. #909-87 RESOLVED, that having considered the communication from the Mayor Pro Tem dated September 15, 1987, the Council does hereby determine to conduct a public hearing on Monday, October 19, 1987, at 7:00 p.m. , at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items 1 The proposed annual budget for the City of Livonia for the fiscal year commencing December 1 , 1987; and 2. The public hearing required by Act 5 PA 1982, in connection with the Truth in Taxation hearing; and the City Clerk shall give adequate public notice of said public hearings in accordance with the provisions of law and the City Charter. A roll call vote was taken on the foregoing resolutions with the following result: AYES: McCotter, Feenstra, Bishop, Taylor, Bennett, Ochala, McCann. NAYS. None. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #910-87 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated September 1 , 1987, submitted pursuant to Council Resolution 1119-86, in connection with a communication from the Mayor, dated October 20, 1986, wherein it is recommended that a deferred severance payment procedure for all classified and unclassified employees be established whereby terminating employees could elect, at the employee' s option, to receive severance payouts in payments extended over a maximum of five (5) years rather than in one lump sum, the Council does hereby determine to take no further action. 23638 On a motion by Councilman Feenstra, seconded by Councilman Ochala, it was #911-87 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated September 1 , 1987, submitted pursuant to Council Resolution 694-87, in connection with a letter from Mr. and Mrs. Loftus, 18634 Doris, Livonia, Michigan 48152, dated July 13, 1987, with regard to denial of a claim by Municipal Claim Service, Inc. for a loss which occurred March 3, 1987 due to water damage as a result of a City water meter being replaced, the Council does hereby reject and deny this claim based upon the recommendation of the Director of Public Works, the insurance adjuster and the Director of Finance. A roll call vote was taken on the foregoing resolution with the following result: AYES. McCotter, Feenstra, Bishop, Bennett, Ochala, McCann. NAYS: Taylor. The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilman Bennett, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 3, 1987, submitted pursuant to Council Resolution 726-87, in connection with a communication from the City Planning Commission, dated July 10, 1987, which transmits its resolution 6-146-87 adopted on June 30, 1987 with regard to Petition 87-5-2-20 submitted by Michael Southers requesting waiver use approval to operate a restaurant in the shopping center located at the southeast corner of Plymouth and Stark 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 Planning Commission and Petition 87-5-2-20 is hereby approved and granted, such approval to be based upon the same condition as that 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: Bishop, Bennett. NAYS. McCotter, Feenstra, Taylor, Ochala, McCann The President declared the resolution denied 23639 On a motion by Councilman Feenstra, seconded by Councilman Ochala, it was #912-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 3, 1987, submitted pursuant to Council Resolution 726-87, in connection with a communication from the City Planning Commission, dated July 10, 1987, which transmits its resolution 6-146-87 adopted on June 30, 1987 with regard to Petition 87-5-2-20 submitted by Michael Southers requesting waiver use approval to operate a restaurant in the shopping center located at the southeast corner of Plymouth and Stark Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, the Council does hereby reject the recommendation of the Planning Commission and Petition 87-5-2-20 is hereby denied for the following reasons: 1 . The petitioner has failed to show that the proposed use complies with all of the waiver use standards and general standards as set forth in Section 11 03 and 19.06 of Zoning Ordinance 543, as amended ibm 2. The proposed use is incompatible to, and not in harmony with, the surrounding and established uses in the area. 3. The area is already adequately served with use similar to the type proposed by this petitioner. A roll call vote was taken on the foregoing resolution with the following result AYES: McCotter, Feenstra, Taylor, Ochala, McCann. NAYS: Bishop, Bennett The President declared the resolution adopted On a motion by Councilwoman McCotter, seconded by Councilman Ochala, it was #913-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 3, 1987, submitted pursuant to Council Resolution 778-87, in connection with a 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 Ibm 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 23640 L is zoned P.S. , the Council does hereby concur in the recommendation of the Planning Commission and Petition 87-6-2-27 is hereby approved and granted with respect to Building D only, such approval to be based upon the condition that the waiver use approval granted herein is for general office use only, excluding real estate office use, and excluding the waiver uses set forth in subparagraphs (b) through (j) of Section 9.03 of Ordinance 543. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 3, 1987, submitted pursuant to Council Resolution 778-87, in connection with a 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. A roll call vote was taken on the motion to refer with the following result: AYES Feenstra, Taylor. NAYS McCotter, Bishop, Bennett, Ochala, McCann. The President declared the resolution denied. A roll call vote was taken on the original resolution with the following result: AYES McCotter, Feenstra, Bishop, Bennett, Ochala, McCann NAYS. Taylor. The President declared the resolution adopted On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #914-87 RESOLVED, that the Department of Inspection is hereby requested to submit its report and recommendation on the question of zoning compliance for the office complex located on the west 23641 ihm side of Farmington Road between Eight Mile fbad and Norfolk in the Northeast 1/4 of Section 4 (A S. Nakadar). On a motion by Councilman Feenstra, seconded by Councilman Bishop, it was #915-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 9, 1987, submitted pursuant to Council Resolution 731-87, in connection with a letter from Mark Switalski , Attorney at Law, dated July 8, 1987 and submitted in behalf of his client, Helen Fountoukis, and having also considered departmental correspondence dated July 13, 1987 from the Department of Law in connection with Helen Fountoukis v Charles W. King, Patricia King and the City of Livonia, Wayne County Circuit Court Civil Action No. 87-709483-CH, the Council does hereby determine to take no further action. A roll call vote was taken on the foregoing resolution with the following result: AYES. McCotter, Feenstra, Bishop, McCann. NAYS: Taylor, Bennett, Ochala. The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #916-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 16, 1987, submitted pursuant to Council Resolution 9-87, in connection with a communication from the Director of the Livonia Housing Commission, dated December 11 , 1986, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is requested that the City Council authorize a payment in lieu of taxes program to the current and future single family homes that serve low income families, the Council does hereby determine to approve this program and authorize payment in lieu of taxes with respect to the nine City-owned houses referred to herein On a motion by Councilman Bennett, seconded by Councilman Taylor, Lit was 23642 #917-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 16, 1987, submitted pursuant to Council Resolution 796-87, in connection with a 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 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 concur in the recommendation made by the Planning Commission and Petition 87-5-2-19 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the recommendation of the Planning Commission, such approval to be based upon the condition that the waiver use approval granted herein is for general office use only and does not include the waiver uses prescribed in subparagraphs (b) through (j), Section 9.03 of Ordinance 543, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCotter, Feenstra, Taylor, Bennett, Ochala, McCann. NAYS. Bishop. L.The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #918-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 16, 1987, submitted pursuant to Council Resolution 839-87, in connection with 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, and which transmits Parks and Recreation Resolution 1907-87, adopted on July 6, 1987, wherein it is recommended that the contract between the City and Gary Whitener, the golf professional , be extended for a period of three years with a change in title to "Manager of Golf," and an increase in salary according to the following schedule 1988 base of $24,874.00 + 4. 5% 1989 base of $25,993 33 + 3% 1990 base of $26,773 12 + 3% the Council does hereby approve of the foregoing action, based upon no change in title (title to remain Golf Professional ) , and the Mayor and City Clerk are hereby requested to execute 23643 a contract, for and on behalf of the City of Livonia, for this purpose, subject to approval as to form by the Department of Law. On a motion by Councilman Ochala, seconded by Councilman Feenstra, and unanimously adopted, it was 1919-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 16, 1987, the Council does hereby request a report and recommendation from the Superintendent of Parks and Recreation on the following questions: (1 ) The overall supervision of the city golf courses, (2) Projected plans for a pro shop at the new golf course; (3) The status of water available to provide service for the new golf course. On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was 1920-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 16, 1987, submitted pursuant to Council Resolution 838-87, the Council does hereby determine that the newly hired golf professional shall be assigned to the new golf course. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #921-87 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated September 16, 1987, submitted pursuant to Council Resolution 822-87, in connection with a communication from the Superintendent of Parks and Recreation, dated August 5, 1987, approved for submission by the Mayor Pro Tem, which submits certain suggested names for the new golf course as recommended by the Parks and Recreation Commission, the Council does hereby determine that the new golf course shall be named "Fox Creek Golf " and requests that the Department of Law prepare an amendment to Section 12.16.010 of the Livonia Code of Ordinances for this purpose; further, the Council does hereby request that the Department of Law also include in the aforesaid amendment the appropriate language which designates the City's two existing golf courses as "Whispering Willows Golf " and "Idyl Wyld Golf _ ". 23644 La Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 87-3-3-4) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCotter, Feenstra, Bishop, Taylor, Bennett, Ochala, McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor gave first reading to the following Ordinance. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 87-5-3-5) lipThe foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . Councilman Bishop gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 1 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 87-1-1-6, change of zoning from P S. to C-1 ) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . 23645 Councilman Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2 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 87-5-1-20, change of zoning from P.L. to RUFA) 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 . Councilwoman McCotter gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 19 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN Iwo AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO. (Petition 87-5-1-24, change of zoning from R-1 to C-2 and P) Councilwoman McCotter invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McCotter, Feenstra, Bishop, Taylor, Bennett, Ochala, McCann. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Councilman Bishop, seconded by Councilman Taylor, it was #922-87 RESOLVED, that having considered a communication from Iwo Jim Lamb, 521 S. Main, Ann Arbor, Michigan 48104, dated August 20, 1987, to which is attached a landscaping plan required in connection with Petition 87-5-2-22 which was approved in Council 23646 iwo Resolution 727-87 adopted on August 10, 1987, in connection with a proposal to construct a car wash on property located on the East side of Middlebelt Road, between Five Mile and Roycroft Avenue, in the Southwest 1/4 of Section 13, the Council does hereby approve the proposed landscape plan as herein submitted, subject to compliance with the following conditions 1 . Trash receptacle and its wall be moved to southerly property line 35' - 40' from rear property line, and 2. Proposed sign to come back to Council for approval . A roll call vote was taken on the foregoing resolution with the following result: AYES. McCotter, Feenstra, Bishop, Taylor, McCann. NAYS: Bennett, Ochala. The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Ochala, it was Iwo #923-87 RESOLVED, that having considered a communication from the City Planning Commission, dated August 18, 1987, which transmits its resolution 8-185-87 adopted on August 18, 1987, with regard to Petition 87-7-2-33, submitted by Robert German requesting waiver use approval for general office uses within a building located on the northeast corner of Farmington Road and Rayburn Avenue in the Southwest 1/4 of Section 15, which property is zoned P.S. , the Council does hereby concur in the recommendation made by the Planning Commission and Petition 87-7-2-33 is hereby approved and granted, such approval to be based upon the condition that the waiver use approval granted herein is for general office use only excluding real estate office use and excluding the waiver use prescribed in subparagraphs (b) through (j) of Section 9.03 of Ordinance 543, as amended A roll call vote was taken on the foregoing resolution with the following result: AYES• McCotter, Feenstra, Bishop, Ochala NAYS Taylor, Bennett, McCann. The President declared the resolution adopted tooOn a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was 23647 #924-87 RESOLVED, that the Council does hereby request that the Department of Law submit a report and recommendation on the question of whether or not waiver use approval is limited to the specific use petitioned for. On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was #925-87 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: 1 . The petitioner has failed to show that the proposed use complies with Zoning Ordinance standards and requirements as set forth in Section 11 .03 and Section 19.06 of Zoning Ordinance 543, as amended. 2. The subject site lacks the capacity to accommodate the proposed use. 3. The proposed use would be incompatible to, and not in harmony with, the surrounding uses in the area 4. The area is already adequately served by established use similar to the one proposed by this petitioner A roll call vote was taken on the foregoing resolution with the following result: AYES McCotter, Feenstra, Bennett, Ochala. NAYS Bishop, Taylor, McCann. The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was #926-87 RESOLVED, that having considered a communication from fropthe City Assessor, dated August 25, 1987, approved for submission by the Mayor Pro Tem, with regard to a request from David Allen, 16851 Hubbard, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 23648 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby determine to deny the request for dividing and combining Tax Item Nos. 46 014 01 0015 002 and 46 014 01 0016 003 into two parcels since the same would be in violation of the City's Zoning Ordinance and Law. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was 1927-87 RESOLVED, that the Council does hereby request a report from the Engineering Department relative to the question of septic tanks draining into the Tarabusi Drain. On a motion by Councilman Ochala, seconded by Councilman Feenstra, it was #928-87 RESOLVED, that having considered a communication from the City Assessor, dated August 25, 1987, approved for submission by the Mayor Pro Tem, with regard to a request from Francis Papke, 29519 Greenland, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does approve of the division of Tax Item No. 46 053 02 0305 000 (148305) into two parcels, the legal descriptions of which are as follows: ORIGINAL PARCEL Lot 305, Supervisor's Livonia Plat No 4, as recorded in Liber 66 of Plats, Page 20 Wayne County Records Subject to easement and use restrictions of record if any. PARCEL A East 1/2 of Lot 305, Supervisor's Livonia Plat No. 4, as recorded in Liber 66 of Plats, Page 20 Wayne County Records. Subject to easement and use restrictions of record if any. PARCEL B West 1/2 of Lot 305, Supervisor' s Livonia Plat No. 4, as recorded in Liber 66 of Plats, Page 20 Wayne County Records. 110. Subject to easement and use restrictions of record if any. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution 23649 Iketo be recorded in the Office of the Wayne County Register of Deeds, provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCotter, Feenstra, Taylor, Ochala, McCann. NAYS: Bishop, Bennett. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #929-87 RESOLVED, that having considered a communication from the City Assessor, dated August 25, 1987, approved for submission by the Mayor Pro Tem, with regard to a request from Harold Woodcock, 19351 Milburn, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the LLivonia Zoning Ordinance, the Council does hereby determine to deny the request for dividing Tax Item No. 46 007 99 0100 002 (02P52B 53) into three parcels since the same would be in violation of the City's Zoning Ordinance and Law. On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #930-87 RESOLVED, that the Council does hereby request that the Planning Department submit a report with respect to the number of homes, size of lots and ownership of Lot 529 located on Flamingo, south of Haldane, in Section 2. On a motion by Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was #931-87 RESOLVED, that the Council does hereby request that the City Assessor submit his report and recommendation relative to the possible combination of the proposed lot split submitted by James Anderson with respect to Lot 491 , Argonne Subdivision, imp in the N.E. 1/4 of Section 1 , with the adjoining Lot 492. On a motion by Councilman Bishop, seconded by Councilman Ochala, it was 23650 Ihm #932-87 RESOLVED, that having considered a letter from John A. Lopes and Patrick P. Correia, 8469 Concord, Grosse Isle, Michigan 48138, dated September 2, 1987, wherein it is requested that ownership of bond plates be transferred to them from Oakland County Cab Company, with respect to the same facilities and location presently utilized by Oakland County Cab Company, the Council does hereby grant and approve this request; and the City Clerk and Police Department are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCotter, Feenstra, Bishop, Ochala, McCann. NAYS: Taylor, Bennett. The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was #933-87 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated August 27, 1987, approved for submission by the Mayor Pro Tem, to which are attached certain budget adjustments for Civil Service and Labor Relations in connection with FY 87 Budget, the Council does hereby approve the requested budget adjustments for the accounts and in the amounts set forth therein. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #934-87 RESOLVED, that having considered a communication from the Housing Director, dated August 27, 1987, approved for submission by the City Attorney and the Mayor Pro Tem, to which is attached a proposed Stipulation and Order for Dismissal with Prejudice and without Costs to Either Party in the case of Macke Laundry Service, Inc. v City of Livonia - Livonia Housing Commission, Wayne County Circuit Court Civil Action No. 86-634743-CZ, and to which is also attached a Release and Settlement Agreement which provides that neither the Housing Commission nor Macke Laundry shall incur any costs associated with the proposed settlement, the Council does hereby authorize the Department of Law to execute the proposed stipulation for 23651 dismissal and does further authorize the Housing Director to execute the proposed Release and Settlement Agreement in the manner and form herein submitted. On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #935-87 RESOLVED, that having considered a communication from Karoub Associates, 200 North Capitol Building, Suite 500, Lansing, Michigan, 48933 dated September 8, 1987, to which is attached a proposed Agreement between the City of Livonia and Karoub Associates, to act as the City' s legislative consultant for the period January 1 , 1987 through December 31 , 1988 for an annual fee of $20,000.00, including all expenses, the Council does hereby approve the agreement in the manner and form herein submitted, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said Agreement, subject to approval as to form by the Department of Law. LOn a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was #936-87 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 19, 1987, and the report and recommendation of the Chief of Police, dated September 10, 1987, in connection with a request from Bunney Enterprises, Inc. for transfer of ownership of 1987 SDD-SDM licensed business from Livonia Wine Shop, Inc , for a business located at 28225 Five Mile Road, Livonia, Michigan 48154, Wayne County, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #937-87 RESOLVED, that having considered a communication from the Historic Preservation Commission, dated September 16, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem, wherein it is recommended that an application be submitted to the Michigan Department of State for a grant in the amount of $15,000.00 in order to complete a City-wide survey of homes in Livonia built prior to 1940, which application must be completed and submitted no later than September 30, 1987, and having also considered a letter dated September 29, 1987 from the Historic Preservation Commission 23652 Lrequesting that this item be tabled, the Council does hereby determine to take no further action On a motion by Councilman Bishop, seconded by Councilman Ochala, it was RESOLVED, that having considered a communication from the City Planning Commission, dated August 25, 1987, and which transmits its resolution 8-200-87, adopted on August 18, 1987, with respect to a Permit Application submitted by RCA Commercial & Telephone for approval to erect an earth station antenna on a site located at 17200 N. Laurel Park Drive in Section 7, the Council does hereby concur in the recommendation of the Planning Commission and approve the Permit Application, subject to compliance with the same condition set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, it was #938-87 RESOLVED, that having considered a communication from the City Planning Commission, dated August 25, 1987, and which transmits its resolution 8-200-87, adopted on August 18, 1987, with respect to a Permit Application submitted by RCA Commercial & Telephone for approval to erect an earth station antenna on a site located at 17200 N. Laurel Park Drive in Section 7, the Council does hereby refer this item to the next Study Session, October 5, 1987. A roll call vote was taken on the motion to refer with the following result: AYES McCotter, Feenstra, Bishop, Taylor, Bennett, Ochala, McCann. NAYS None. The President declared the resolution adopted The item concerning a request by Anthony Kolodziejczak, on behalf of Arnold Jayska for right of burial at Livonia Center Cemetery "Potters Field", was removed from the Agenda to be placed on the next Study Session Agenda. On a motion by Councilman Bishop, seconded by Councilman Ochala, it was 23653 160 RESOLVED, that having considered a communication from the City Planning Commission, dated August 25, 1987, which transmits its resolution 8-184-87 adopted on August 18, 1987, with regard to Petition 87-7-2-32, submitted by Michael Cardasis, requesting waiver use approval to establish seating within a carry-out restaurant located in the shopping center on the southeast corner of Plymouth and Levan Roads in the Northeast 1/4 of Section 32, which property is zoned C-2, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 87-7-2-32 is hereby approved and granted, such approval to be based upon the same condition as that 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• Bishop, McCann. NAYS. McCotter, Feenstra, Taylor, Bennett, Ochala. The President declared the resolution denied. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, Lit was #939-87 RESOLVED, that having considered a communication from the City Planning Commission, dated August 25, 1987, which transmits its resolution 8-184-87 adopted on August 18, 1987, with regard to Petition 87-7-2-32, submitted by Michael Cardasis, requesting waiver use approval to establish seating within a carry-out restaurant located in the shopping center on the southeast corner of Plymouth and Levan Roads in the Northeast 1/4 of Section 32, which property is zoned C-2, the Council does hereby reject the recommendation of the Planning Commission and Petition 87-7-2-32 is hereby denied, for the following reasons: 1 . The petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19.06 of Zoning Ordinance 543, as amended. 2. The proposed use is contrary to the spirit and intent of the Zoning Ordinance which, among other things, is intended to promote and encourage a balanced and appropriate mix of uses and not oversaturate an area lb. with similar type uses 3. The proposed use is incompatible to, and not in harmony, with the surrounding uses in the area. 23654 LA roll call vote was taken on the foregoing resolution with the following result: AYES• McCotter, Feenstra, Taylor, Bennett, Ochala. NAYS: Bishop, McCann. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was 1940-87 RESOLVED, that having considered a communication from the City Planning Commission, dated August 25, 1987, which transmits its resolution 8-187-87 adopted on August 18, 1987, with regard to Petition 87-7-2-34, submitted by Sean P. Kavanaugh, requesting waiver use approval to operate a kennel business on the south side of Munger Avenue between Middlebelt and Henry Ruff in the Northeast 1/4 of Section 14, which property is zoned RUFA, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 87-7-2-34 is hereby approved and granted, such approval to be based upon the same itio condition as that set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #941-87 RESOLVED, that having considered a communication from the City Planning Commission, dated August 25, 1987, which transmits its resolution 8-188-87 adopted on August 18, 1987, with regard to Petition 87-7-2-35, submitted by John Del Signore, requesting waiver use approval to utilize a Class C license in conjunction with a banquet hall proposed to be located on the north side of Schoolcraft Road between Eckles and the I-96 Freeway in the Southwest 1/4 of Section 19, which property is zoned C-2, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 87-7-2-35 is hereby approved and granted; and the Council does hereby waive the 1 ,000 foot separation requirement as set forth in Section 11 .03 (h) of Zoning Ordinance 543. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 23655 Iwo 1942-87 RESOLVED, that Angelo DiPonio Enterprises, 13040 Merriman Road, Livonia, Michigan 48150, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Willow Woods Subdivision located in the Southwest 1/4 of Section 5, the said proposed preliminary plat dated August 4, 1987; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on August 18, 1987, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department in the report of that department dated September 15, 1987 , therefore, the City Council does hereby approve of the said preliminary plat on the following conditions. (1 ) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16.04 through 16.24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null , void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended. (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16.24.370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there 23656 has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts: A. General Improvement Bond $777,000.00, of which at least $10,000.00 shall be in cash. B. Sidewalk Bond $66,000.00, of which at least $2,000.00 shall be in cash C. Grading and Soil Erosion $8,100.00, of which at Control Bond least $2,000.00 shall be in cash. D. Entrance Markers - Land- $5,000.00, of which at scaping least $1 ,000.00 shall be in cash E. Monuments & Lot Markers $2,150.00 (all cash) and require cash payments in the total amount of $47,806.00. In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #943-87 RESOLVED, that the Council does hereby request that the City Engineer submit a report and recommendation on the question of the feasibility of using storm water from the Willow Woods Subdivision to provide water service for the new golf course. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was 23657 #944-87 RESOLVED, that Mayflower Development Inc , 15510 Farmington Road, Livonia, MI 48154, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision. Mayflower Estates Subdivision located in the S.E. 1/4 of Section 4, the said proposed preliminary plat dated May 4, 1987; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on February 10, 1987; and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Department in the report of that department dated September 16, 1987, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: (1 ) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16.04 through 16.24 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null , void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended. (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16.24.370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this 23658 resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts: A. General Improvement Bond $129,000.00, of which at least $10,000.00 shall be in cash. B. Sidewalk Bond $12,000.00, of which at least $2,000.00 shall be in cash. lissC. Grading and Soil Erosion $2,000.00 (all cash). Control Bond D. Monuments & Lot Markers $ 605 00 (all cash). and require cash payments in the total amount of $8,575.00. In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was #945-87 RESOLVED, that having considered a communication from the City Planning Commission, dated August 25, 1987, which sets forth its resolution 8-194-87 adopted on August 18, 1987, with regard to a request from Russell Barnett, Saperstein Associates, Corporation, for an extension of the approval of Petition 86-8-8-48 relative to a site plan approval to construct a multi-family development on the north side of Joy Road between Newburgh and 16. Stonehouse in Section 31 , previously granted in Council Resolution 861-86 adopted on September 11 , 1986, the Council does hereby reject the recommendation of the Planning Commission and does hereby deny the requested extension for the following reasons. 23659 16. 1 . The petitioner has failed to demonstrate ability to commence construction of the proposed project within the time limit as set forth in Zoning Ordinance 543, as amended. 2. The petitioner has failed to affirmatively show that the proposed site is in compliance with general standards and requirements as set forth in Section 19.06 of Zoning Ordinance 543, as amended. 3. There have been changes that have occurred in the neighboring area which would cause a re-evaluation of the proposed site plan so as to determine compatibility of the proposed development with respect to the planned development of the neighboring area. 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 9, 1987, which sets Imp forth its resolution 6-147-87 adopted on June 30, 1987, with regard to Petition 87-5-2-21 submitted by Rapid Oil Change requesting waiver use approval to construct a fast oil change facility on the southwest corner of Five Mile Road and Bainbridge in the Northwest 1/4 of Section 23, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on August 31 , 1987, pursuant to Council Resolution 638-87, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 87-5-2-21 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #946-87 RESOLVED, that having considered a communication from the City Planning Commission, dated July 9, 1987, which sets forth its resolution 6-147-87 adopted on June 30, 1987, with regard to Petition 87-5-2-21 submitted by Rapid Oil Change requesting waiver use approval to construct a fast oil change facility on the southwest corner of Five Mile Road and Bainbridge in the Northwest 1/4 of Section 23, which property is zoned C-2, Ift. and the Council having conducted a public hearing with regard to this matter on August 31 , 1987, pursuant to Council Resolution 638-87, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 87-5-2-21 is 23660 hereby referred to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the motion to refer with the following result: AYES: McCotter, Feenstra, Bishop, Taylor, Bennett, Ochala. NAYS: McCann. The President declared the resolution adopted. On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was #947-87 RESOLVED, that having considered a communication from the City Planning Commission, dated June 29, 1987, which sets forth its resolution 6-127-87 adopted on June 16, 1987, with regard to Petition 87-5-1-21 , submitted by Philip Barth for a change of zoning on property located on the east side of Farmington Road between Curtis and Pickford in the Northwest 1/4 of Section 10, from R-1 to P.S. , and the Council having conducted a public hearing with regard to this matter on August 31 , 1987, pursuant to Council Resolution 637-87, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 87-5-1-21 is hereby denied for the following reasons: 1 . The proposed change of zoning is incompatible to, and not in harmony with, the surrounding uses in the area. 2. The proposed change in zoning will only encourage similar zoning requests for adjacent property which, in turn, will encourage strip office building development in this area which is inconsistent with good zoning and planning principles. 3. There is no need for additional office zoning in this area as there is already an overabundance of existing and vacant office-zoned land available in this area. A roll call vote was taken on the motion to refer with the following result AYES McCotter, Feenstra, Bishop, Taylor, Bennett, Ochala. NAYS McCann The President declared the resolution adopted. ib. On a motion by Councilman Ochala, seconded by Councilman Feenstra, and unanimously adopted, it was 23661 #948-87 RESOLVED, that having considered a communication from the City Planning Commission, dated June 26, 1987, which sets forth its resolution 6-125-87 adopted on June 16, 1987, with regard to Petition 87-4-1-19, submitted by S.E.M.M. Company for a change of zoning on property located on the east side of Newburgh, north of Seven Mile Road, in the S.W. 1/4 of Section 5, from RUFC to C-1 , and the Council having conducted a public hearing with regard to this matter on August 31 , 1987, pursuant to Council Resolution 637-87, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 87-4-1-19 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. On a motion by Councilman Ochala, seconded by Councilman Bennett, it was #949-87 RESOLVED, that having considered a communication from the City Planning Commission, dated July 28, 1987, which sets forth its resolution 7-162-87 adopted on July 21 , 1987, with regard to Petition 87-6-1-25, submitted by Herrel F. Sutton, for a change of zoning on property located east of Edington Road between Angeline Avenue and Plymouth Road in the Northeast 1/4 of Section 33, from RUF to R-1A, and the Council having conducted a public hearing with regard to this matter on September 9, 1987, pursuant to Council Resolution 710-87, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCotter, Feenstra, Bishop, Taylor, Ochala, McCann. NAYS: Bennett. The President declared the resolution adopted. 23662 Imp Councilwoman McCotter took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 33 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 87-3-1-16, change of zoning from RUF to R-1A) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCotter, Feenstra, Bishop, Taylor, Bennett, Ochala, McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #950-87 RESOLVED, that having considered a communication from the City Planning Commission, dated July 28, 1987, which sets forth its resolution 7-160-87 adopted on July 21 , 1987, with regard to Petition 87-3-1-14, submitted by the City Planning Commission for a change of zoning on property located on the east side of Antago between Grand River and Long Avenue in the Northeast 1/4 of Section 1 , from RUF to P, and the Council having conducted a public hearing with regard to this matter on September 9, 1987, pursuant to Council Resolution 710-87, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 87-3-1-14 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 23663 Imp On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #951-87 RESOLVED, that having conducted a communication from the City Planning Commission, dated July 28, 1987, which sets forth its resolution 7-170-87 adopted on July 21 , 1987, with regard to Petition 87-4-6-2, submitted by the City Planning Commission to amend Section 2.10, Definitions of Miscellaneous Terms, to define new restaurant uses, and Sections 10.03 and 11 .03 of Zoning Ordinance 543 to set new standards for newly defined restaurants within C-1 and C-2 Districts, and the Council having conducted a public hearing with regard to this matter on September 9, 1987, pursuant to Council Resolution 710-87, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. LOn a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #952-87 RESOLVED, that having considered a communication from the City Planning Commission, dated July 28, 1987, which sets forth its resolution 7-161-87 adopted on July 21 , 1987, with regard to Petition 87-5-1-23, submitted by Mayflower Development, Inc. for a change of zoning on property located on the northeast corner of Clarita and Melvin in the Northeast 1/4 of Section 11 , from P.S. and R-5 to R-7, and the Council having conducted a public hearing with regard to this matter on September 9, 1987, pursuant to Council Resolution 710-87, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 87-5-1-23 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCotter, Feenstra, Taylor, Bennett, Ochala, McCann. NAYS: Bishop. The President declared the resolution adopted. 23664 On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was #953-87 RESOLVED, that the Council does, pursuant to Section 23.01 (a) of Ordinance 543 request that the Planning Comnission conduct a public hearing, and thereafter submit its report and recommendation, on the question of whether or not the property, located on the northeast corner of Clarita and Melvin in the Northeast 1/4 of Section 11 , should be rezoned from P. S. to an appropriate single family zoning classification. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #954-87 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 294, more particularly described in Council Resolution 526-87 adopted on June 3, 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 on St. Francis, between Bridge and Pembroke in the Southeast 1/4 of Section 1 , City of Livonia, Wayne County, Michigan, in said Special Assessment District No 294. NOW, THEREFORE BE IT RESOLVED, that the said Council does hereby determine to install three 100 watt high pressure sodium street lights with davitt poles on St. Francis between Vassar and Bridge, City of Livonia, and that the assessments set forth in said Special Assessment District No 294 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. 294 based on the installation of street 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 23665 Im. 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 Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was 1955-87 RESOLVED, that the Council does hereby request that the Superintendent of Parks and Recreation submit his report and recomffendation with respect to clearing and grubbing of the City Park site located in the area of Bridge and St. Francis in order to improve public safety therein. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was 1956-87 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 295, more particularly described in Council Resolution 525-87 adopted on June 3, 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 on Laurel Avenue, south of Pinetree, in the Southwest 1/4 of Section 17, City of Livonia, Wayne County, Michigan, in said Special Assessment District No. 295. NOW, THEREFORE BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of the installation of two (2) 175 watt mercury vapor lights on existing wood poles and that the assessments set forth in said Special Assessment District No 295 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. 295 based on installation of two (2) 175 watt mercury vapor lights on existing wood poles 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 thi3 purpose. 23666 On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #957-87 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 296, more particularly described in Council Resolution 528-87 adopted on June 3, 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 the Sumner Creek Subdivision in the N.W. 1/4 of Section 4, City of Livonia, Wayne County, Michigan, in said Special Assessment District No. 296. NOW, THEREFORE BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of the installation of 100 watt high pressure sodium lights on colonial post tops and that the assessments set forth in said Special Assessment District No. 296 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. 296 based on installation of high pressure sodium lights on colonial post tops with underground wiring is hereby approved and confirmed in all respects; pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll , and the Assessment Roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. On a motion by Councilwoman McCotter, seconded by Councilman Feenstra, and unanimously adopted, it was 058-87 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated January 15, 1987, pursuant to the requirements set forth in Section 16.24.310 of the Livonia Code of Ordinances, as amended, and in accordance with the provisions of Section 3.08.060 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed installation of ornamental street lighting with underground wiring in Coventry Gardens Estates Subdivision in 23667 Imm the S.W. 1/4 of Section 16, City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on September 9, 1987, pursuant to Council Resolution 702-87, after due notice as required by Title 3, Chapter 8 of said Code, as amended, and careful consideration having been given to all such matters, including the various objections, comments and observations of individuals in attendance at such public hearing, and in view of the apparent difficulty in satisfactorily apportioning the benefits and costs of such contemplated improvement to the satisfaction of the majority of the property owners who would have been affected thereby, the Council does hereby determine to proceed no further with the special assessment proceedings heretofore commenced for the said proposed street lighting improvement. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was #959-87 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 297, more particularly described in Council Resolution 529-87 adopted on June 3, 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 the Windridge Village Subdivision No. 5 in the West 1/2 of Section 4, City of Livonia, Wayne County, Michigan, in said Special Assessment District No. 297. NOW, THEREFORE BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting cf the installation of 10C watt high pressure sodium lights on davitt poles and that the assessments set forth in said Special Assessment District No. 297 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. 297 based on installation of 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. 23668 On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #960-87 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 298, more particularly described in Council Resolution 530-87 adopted on June 3, 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 the Windridge Village Subdivision No. 6 in the Northwest 1/4 of Section 4,City of Livonia, Wayne County, Michigan, in said Special Assessment District No. 298. NOW, THEREFORE BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting Cf the installation of 10C watt high pressure sodium lights on davitt poles and that the assessments set forth in said Special Assessment District No. 298 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. 298 based on installation of 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 imuediately 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 crder to the Detroit Edison Compary on forms provided by them for this purpose. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was 061-87 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 23, 1987, on all matters required by Sections 3 08.060 and 3.08 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on September 9, 1987, after due rotice as required by Section 3.08.070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08 080 of said Code. 23669 Ira (1 ) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of 175 watt high pressure sodium lights on davitt poles with underground wiring in the S. I.J.L. Industrial Park in the N.E. 1/4 of Section 27, City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated July 23, 1987; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; L (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows. A Special Assessment District in the N E. 1/4 of Section 27, T. 1 S. , R. 9 E , City of Livonia, Wayne County, Michigan, described as containing the property shown on the Special Assessment Plan and the Special Assessment Roll . (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council 's determination on said statements as prepared by the City Engineer dated July 23, 1987; and (8) that upon completion of said roll , the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by Councilman Feenstra, seconded by Councilman Bishop, it was 23670 Ift. #962-87 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 23, 1987, on all matters required by Sections 3.08.060 and 3.08.140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on September 9, 1987, after due notice as required by Section 3.08.070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08.080 of said Code. (1 ) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of 100 watt high pressure sodium lights on davitt poles with underground wiring in Canterbury Estates and Westmore Subdivision in the S.W. 1/4 of Section 11 , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated July 23, 1987; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows. A Special Assessment District in the S.W. 1/4 of Section 11 , T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, described as containing the property shown on the Special Assessment Plan and the Special Assessment Roll . (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council 's determination on said statements as prepared by the City Engineer dated July 23, 1987, and (8) that upon completion of said roll , the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08.100 of the Livonia Code of Ordinances, as amended, and file the same with the 23671 IwoCity Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES: Feenstra, Bishop, Taylor, Bennett, McCann. NAYS: McCotter, Ochala. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #963-87 RESOLVED, that having considered a communication from the City Engineer, dated August 27, 1987, to which are attached a communication from the firm of Orchard, Hiltz & McCliment, Inc. , dated February 5, 1987, and letters from Polsinelli Construction Company, dated January 26, 1987 and August 18, 1987, wherein Polsinelli Construction Company is requesting additional Immo money for work performed in connection with the Golden Ridge Storm Sewer Contract, 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 Councilwoman McCotter, and unanimously adopted, it was #964-87 RESOLVED, that having considered a communication from the Director of Community Resources and the Finance Director dated August 28, 1987, approved for submission by the Mayor Pro Tem, the Council does hereby accept the following cash donations for the Senior Citizen Program: 1 . Michigan Depression Glass Society $315.00 224 N. Mildred Dearborn, Michigan 48128 2. Gertrude R. Fuchs 43.00 9119 Melvin 52.00 Livonia, Michigan 48150 3. Edwin B. Henson 40.00 12124 Boston Post Road 223.00 Livonia, Michigan 48150 $673.00 23672 Land the Council does hereby increase Sundry Income Account 101-000-698.000 and Community Resources Account 101-891-931 .010 each in the amount of $673.00 for this purpose. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, and unanimously adopted, it was 1965-87 RESOLVED, that having considered a communication from the Department of Law, dated September 10, 1987, submitted pursuant to Council Resolution 780-87, transmitting for Council acceptance a warranty deed dated September 9, 1987, executed by Karle D. Steinhoff, conveying to the City certain property described as follows: Land in the City of Livonia, County of Wayne and State of Michigan, to wit: 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 16. 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. (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 Feenstra, seconded by Councilman Ochala, and 111.• .inanimously adopted, it was 1966-87 RESOLVED, that having considered a communication from the Department of Law, dated September 10, 1987, submitted pursuant 23673 16 to Council Resolution 780-87, transmitting for Council acceptance a warranty deed dated September 9, 1987, executed by Harley E. Pyke, conveying to the City certain property described as follows: Land in the City of Livonia, County of Wayne and State of Michigan, to wit: 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) 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 Imo 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 Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #967-87 RESOLVED, that having considered a communication dated September 11 , 1987, from the Department of Law transmitting for Council acceptance a Grant of Easement, more described as: Grant of Easement dated September 3, 1987, executed by L. Jack Akey and David Josephson, Partners, Waukeen, a Michigan Co-partnership, to the City of Livonia, for. Part of the S.W. 1/4 of Section 12, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as follows: Commencing at the West 1/4 corner of Section 12, T. 1 S. , R. 9 E. , and proceeding thence N. 00°10'30" West 189.45 feet along the West line of said Section 12; thence S. 89° 51 ' 20" East 646.00 feet to the Point of Beginning of a 20 foot wide easement whose centerline is im. described as follows: thence N. 64° 21 ' 20" West 49.00 feet, thence N. 14° 49' 21" West 122.00 feet, thence N. 79° 53' 26" West 314.50 feet, thence N. 22° 00' 00" West to a point on the North line of Parcel 2, also known as the Point of Ending 23674 lorthe Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Councilman Ochala, seconded by Councilman Bennett, it was #968-87 RESOLVED, that having considered a communication dated September 11 , 1987, from the Department of Law transmitting for Council acceptance a Quit Claim Deed, more particularly described as: Quit Claim Deed dated March 16, 1987, executed by Sam H. Goodman, President, Sam H. Goodman Building Co. , a Michigan Corporation, to the City of Livonia, for: That part of Lot 726, Supervisor's Livonia Plat No. 11 , as recorded in Liber 66, Page 64, Wayne County Records, said plat being a part of the S.E. 1/4 of Section 32, T. 1 S. , R. 9 E. , Livonia Township (now City of Livonia), Wayne County, Michigan, being more particularly described as commencing at the Northeast corner of said Lot 776 and proceeding South 48.5 feet to the Point of Beginning; thence South, 60 feet; thence West, 30 feet, thence North, 60 feet; thence East, 30 feet to the Point of Beginning. (Hees Avenue Right-of-Way) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Quit Claim Deed for the dedication of Hees Avenue in the S W. 1/4 of Section 12 and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, AND BE IT FURTHER RESOLVED, that said street is a public street and is for public street purposes, and FURTHER, that said street is accepted into the City Local Street System. A roll call vote was taken on the foregoing resolution with the following result: AYES. McCotter, Taylor, Bennett, McCann. ImwNAYS. Feenstra , Bishop, Ochala. The President declared the resolution adopted. 23675 16. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #969-87 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 Ochala, seconded by Councilman Bishop, and unanimously adopted, it was #970-87 RESOLVED, that having considered a communcation from the City Clerk, dated September 28, 1987, approved by the Finance Director and approved for submission by the Mayor Pro Tem, the Council does hereby approve of the transfer of funds as follows: FROM: TO: Imo 101-193-702.000 Salaries/Wages $20,000 101-263-730.000 Postage $10,000 101-111-818.000 101-111-756.000 Contractual Serv. 2,500 Miscellaneous 4,000 101-111-947.000 101-111-905.000 Trans. Rental 4,000 Publishing 12,500 On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #971-87 WHEREAS, pursuant to Resolution No. 714-87, adopted August 10, 1987 , the City Council has determined to acquire certain fire trucks, emergency vehicles and related equipment (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 of not to exceed the useful life of the property acquired as determined by resolution of 1110 the City Council ; and WHEREAS, under the provisions of Act No. 205, Public Acts of Michigan, 1964 ("Act 205") , the City Council is authorized 23676 to purchase on executory title retaining contracts any fire trucks, fire fighting apparatus and equipment such as the Equipment, such contracts not to provide for payments for longer than six (6) years; 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 percent (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 previously has received the offer of General Funding Corporation, 3660 Penobscot Building, Detroit, Michigan 48226 (the "Lessor") for the acquisition of the Equipment, which proposal has been reviewed by the Director of Finance, and the Director of Finance has concluded that the offer of the Lessor is in the best interest of the City and should be approved; and WHEREAS, the Council by Resolution No. 714-87 authorized aw the purchase of the Equipment on the basis of a Municipal Lease-Purchase Agreement (the "Agreement"), as recommended by, and on terms and conditions set forth in the communication from, the Finance Director; and WHEREAS, it is the desire of the City Council to confirm the prior approval of the Agreement and the execution thereof, together with certain other documentation relative thereto. NOW, THEREFORE, BE IT RESOLVED THAT. 1 . The Agreement is hereby approved substantially in the form on file with the Finance Director with such additions, changes and modifications as shall be approved by the Finance Director. The Mayor Pro Tem and City Clerk are hereby authorized and directed to execute the Agreement, when in final form, and deliver it to the Lessor. 2. The useful life of the Equipment is hereby determined to be not less than six (6) years, and the Agreement shall not provide for payments for longer than six (6) years. 3. The Mayor Pro Tem, City Clerk and Finance Director, Iwoor 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. 23677 ibe4. 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. 5. The City hereby confirms the designation of 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"). 6. 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. 7. 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. 8. The acquisition of the Equipment and the approval of the Agreement hereby are found and declared to be in the best interest of the health and welfare of the residents of the City. On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, this 1 ,112th Regular Meeting of the Council of the City of Livonia was adjourned at 10:10 P.M. , September 30, 1987 *4e"-(1-44I )414*1- Robert F. Nash, City Clerk