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HomeMy WebLinkAboutCOUNCIL MINUTES 1986-11-10 22897 LMINUTES OF THE ONE THOUSAND AND NINETY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 10, 1986, the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, M•lichigan and was called to order by the President of the Council at 8 05 P M Councilwoman McCotter delivered the invocation Roll was called with the following result Robert R Bishop, Joan McCotter, Fernon P. Feenstra, Robert E McCann, Gerald Taylor, Robert D Bennett and Ron Ochala Absent None Elected and appointed officials present Robert F Nash, City Clerk, Harry Tatigian, City Attorney, Jack Dodge, Director of Finance, Judge James R McCann, 16th District Court, Former Councilman Jerry Raymond, Russell A Gronevelt, Director of Public Works, G. E Siemert, City Engineer, John Nagy, Planning Director, Ron Mardiros, City Assessor, William Crayk, Chief of Police, Marilyn Kazmer, Director of Legislative Affairs, k Barney Knorp, Fire Chief, Ronald Reinke, Superintendent of Parks and Recreation, Suzanne Wisler, Director of Community Resources, Raul Galindo, Assistant City Engineer, Jeanne Treff, Cable TV Director, David Katz, Administrative Assistant to the Mayor, Michael Reiser, Facility Maintenance Manager and Thomas Carey, Traffic Commission Councilman Bennett left the podium at 8 06 P Fl By Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 11052-86 RESOLVED, that the minutes of the 1 ,090th Regular fleeting of the Council of the City of Livonia, held October 22, 1986, are hereby approved By Councilman Feenstra, seconded by Councilwoman McCotter, and L. unanimously adopted, it was 22898 #1053-86 RESOLVED, that the minutes of the 198th Special Meeting of the Council of the City of Livonia, held November 6, 1986, are hereby approved Councilman Bennett returned to the podium at 8.07 P M On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #1054-86 RESOLVED, that having considered a petition submitted by Rose A Rose, 15532 Westmore, Livonia, Michigan, received by the office of the City Clerk on October 9, 1986, which bears the signatures of certain residents on Westmore Avenue between Roycroft and Rayburn, and who are requesting the improvement of their road, the Council does hereby refer this item to the Engineering Department for its report and recommendation #1055-86 RESOLVED, that having considered a letter from Ernest Switala, 19720 Milburn, Livonia, Michigan 48152, dated October 7, 1986, wherein a request is submitted for appropriate city action to provide ingress and egress to part of Lots 45 and 46 in the Bell Creek Estates Subdivision, which is located on the South side of Munger, East of Merriman, the Council does hereby refer this item to the Engineering Department for its report and recommendation. 11056-86 RESOLVED, that having considered the report and recommendation of the Fire Chief dated October 9, 1986 which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of West Shore Services, Inc , P 0 Box 185, Allendale, Michigan 49401 , for supplying the Fire Department with 34 Scott Harness Web Kits and two (2) Scott Air Pak IIA Back Plate Assemblies for the price of $1 ,662 40, the same having been in fact the lowest bid received and meets all specifications, further, the Council does hereby appropriate and authorize the expenditure of the sum of $1 ,662 40 from the 1968 Fire Department General Obligation Bond Issue for this purpose #1057-86 RESOLVED, that having considered the report and recommendation of the Fire Chief dated October 13, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of five (5) Ohmeda Portable Suction Units with case for a total cost of $2,650 25, and the Council does hereby appropriate and authorize the expenditure of the sum of $2,650 25 from the 1968 Fire Department General Obligation Bond Issue for this purpose. #1058-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated October 14, 1986, approved by the Director of Finance and approved for submission 22899 by the Mayor, the Council does hereby accept the bid of Lawn Equipment Service & Sales, Inc , 46845 West Twelve Mile Road, Novi , Michigan 48050, for supplying the Public Service Division (Golf Course Section) with a 4-Wheel Turf Vehicle (18 HP) for a total price of $6,995, the same having been in fact the lowest bid received which meets specifications (and the bid of Kubik, Inc is hereby rejected for the reasons indicated in the aforesaid communication) #1059-86 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated October 15, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby approve a one (1 ) year extension of the agreement previously authorized in Council Resolution 874-84, adopted on October 24, 1984, and which was previously extended in Council Resolution 896-85, adopted on October 9, 1985, for City Hall Elevator Service Maintenance with Schindler Elevator Corporation, 1409 G Allen Drive, Troy, Michigan 48084, based upon an adjusted monthly rate of $596 07, and the Council does hereby authorize the said item without competitive bidding for the reasons indicated in the aforesaid communication and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 5 of the Livonia Code of Ordinances, as amended #1060-86 RESOLVED, that having considered a communication from the Livonia Historical Preservation Commission dated October 21 , 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the preparation of specifications, and thereafter the taking of competitive bids, for the restoration of the Clarenceville Cemetery Fence in accordance with provisions of Law and City Ordinance, further, the Council does hereby authorize a carry-over of $10,000 in Account 101-736-974- 000 in the 1986 Budget for use in connection with this project during the 1986-87 Fiscal Year #1061-86 RESOLVED, that having considered a communication from Michael ' s Limousine Service, 32825 W. Eight Mile, Livonia, Michigan 48152, wherein a request is submitted for a license to operate a Limousine Service in the City of Livonia, the Council does pursuant to Section 5.84 060 of the Livonia Code of Ordinances, refer this item to the Chief of Police for his report and recommendation A communication from the Director of Finance, dated October 10, 1986 re Comparison of Prior Insurance Coverage to current Coverage - Grant/Capizzi Case was received and placed on file for the information of the Council A communication from the Director of Finance, dated October 10, 1986 re lbw Insurance Coverage - Civil War Encampment At Greenmead was received and placed on file for the information of the Council 22900 #1062-869 RESOLVED, that having consideree the report and recommendation of the Acting Chief of Police date} October 14, 1986, which bears the signature of the Director of Fine-ce and is approved for submission by the Mayor, the Council does hereby accept the offer of Bret Burnside, 18435 Westmore, Livor-a, Michigan 48152, in the amount of $300, for the purchase of a used Police Bus, the same having been in fact the highest bid received with respect to the sale of this vehicle, further, the Council do es hereby authorize the deposit of the foregoing sum in Account 101-32E-985 000 #1063-86 RESOLVED, that having considered a communication from the Building Code Board of Appeals dated October '0, 1986, which bears the the signature of the Director of Finance art is approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $480 from the Unexpended *"und Balance Account to Account 101-381-702.000 000, the action herE'n being taken for the reasons indicated in the aforesaid communication #1064-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated Octobe- 8, 1986, approved by the Director of Public Works and approved fc- submission by the Mayor, and submitted pursuant to Council Resolution 727-86 in connection with a petition submitted by ce-tain residents of Paderewski , received by the office of the Citi Clerk on June 16, 1986, requesting the removal of five (5) large poplar trees in the public right-of-way in their neighborhood, the Council does hereby concur in the recommendation of the City Enc neer and authorize the Department of Public Works to arrange for the removal of the five (5) existing large poplar trees as an ir:luded item in the next tree removal contract #1065-86 RESOLVED, that having considered a communication from the City Assessor, dated October 17, 1986, app-oved for submission by the Mayor, with regard to a request from Jc-n S. Donica, 30657 Greenland, Livonia, Michigan 48154, and in cordance with the provisions of 1967 PA 288, as amended, as we'l as Section 18.46 of Ordinance No 543, as amended, the LivoniE Zoning Ordinance, the Council does hereby find that the proposed civision of Tax Item No 46 054 01 0055 000 (14C55) would not be cortrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing the same into two (2) parcels, the legal descriptions of which shall read as follows Lot 55, "Bell Creek Estates Sub'n ", being part of the N W 1/4 of Section 14, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan Rec'd L 67, P 33 Plats, W C R PARCEL "A" Lot 55, except the South 148 68 feet thereof, "Bell Creek Estates Sub'n.", being part of the N W 1/4 of Sectior 14, T 1 S , R 9 22901 E , City of Livonia, Wayne Co , Michigan Rec'd L 67, P 33 Plats, WC R. PARCEL "B" The South 148.68 feet of Lot 55, "Bell Creek Estates Sub'n ", being part of the N W 1/4 of Section 14, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan. Rec'd L 67, P 33 Plats, W C R 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 11066-86 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to revitalize the City' s economy, and to assist industrial and commercial enterprises, and to encourage the location, expansion or retention of industrial and commercial enterprises to provide needed services and facilities to the City and its residents and to retain employment opportunities in the City, and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes was initiated by The Economic Development Corporation of the City of Livonia (the "Corporation") , and WHEREAS, the Corporation in conformity with Act 338 of the Public Acts of Michigan, 1974, as amended ("Act 338"), and the Internal Revenue Code of 1954, as amended, prepared and submitted a project plan (the "Project Plan") involving the acquisition and construction of a commercial project to be undertaken on behalf of Charles Towne Offices (the "Company") (the "Project") , and WHEREAS, this Council , by resolution on May 7, 1986 certified approval of the Project Area designated by the Corporation and established the Project District Area for the Project (the "Resolution") , and WHEREAS, the Corporation was advised by the Company, that the Company received a new commitment for the purchase of the bonds to be issued by the Corporation (the "Bonds") , and WHEREAS, the Corporation was also advised by the Company that the legal description of the project Plan is incorrect, and WHEREAS, the Company submitted an Amended Project Plan that contains the correct legal description and the new commitment, and 10. WHEREAS, the Corporation approved the Amended Project Plan on October 9, 1986 and has submitted it to this Council , and 22902 WHEREAS, this Council deems it advisable to amend the Resolution to provide for approval of an Amended Project Area and accordingly redesignate the Project District Area, and WHEREAS, pursuant to Act 338 it is necessary to hold a public hearing concerning the Project, the Amended Project Plan and the Bonds, prior to taking legislative action relating to it; NOW, THEREFORE, BE IT RESOLVED THAT 1 . The legal description attached hereto as Exhibit A is hereby approved as the Amended Project Area. 2. The Project District Area is hereby redesignated to be coterminous with the Amended Project Area 3 Pursuant to the aforesaid Act 338 the Council shall meet on Monday, December 8, 1986 at 7 30 p m , at which time it shall conduct a public hearing on the Corporation's submission of the Amended Project Plan and the issuance by the Corporation of the Bonds. 4 The Clerk be and is hereby directed, to give notice of such public hearing by (1 ) publishing a notice thereof in the Livonia Observer, a newspaper of general circulation in the City, (2) posting in at least ten (10) conspicuous and public places in the project district area, and (3) mailing to the last known owner of each parcel of real property in the project district area at the last known address of the owner as shown by the tax assessment records, which notices shall be published and given at least fourteen (14) full days prior to the date set for said hearing 5 Said notice shall be in substantially the following form: OFFICIAL NOTICE TO THE CITIZENS OF THE CITY OF LIVONIA OF PUBLIC HEARING TO CONSIDER APPROVAL OF AN AMENDED PROJECT PLAN AND THE ISSUANCE OF THE BONDS PROPOSED THEREIN AS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF LIVONIA BY THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF LIVONIA FOR CHARLES TOWN OFFICES PROJECT PLEASE TAKE NOTICE that pursuant to Act 338 of the Public Acts of Michigan of 1974, as amended, The Economic Development Corporation of the City of Livonia has submitted an amended project plan to the City Council for its approval . 22903 Said project plan deals with the construction and equipping of a 19,200 square foot office facility to be owned by and used by the Charles Towne Offices and leased to various tenants, and to be located on a project area or site described as follows The project site is located at 34441 Eight Mile Road, just west of Gill Road, Livonia, Michigan Said amended project plan details all information required by law relative to said project and its impact on the corrunity No persons will be displaced from the project area as a result of this project Said amended project plan also proposes the issuance of revenue bonds by said Economic Development Corporation in a maximum principal amount not to exceed $850,000 to assist in the financing of said project The City Council will meet at 7 30 o'clock p m , Monday, the 8th day of December, 1986, at the City Hall , located at 33000 Civic Center Drive, Livonia, Michigan, and will conduct a public hearing The public hearing shall consider the advisability of the City Council approving, modifying or rejecting by resolution said amended project plan and the issuance of bonds as proposed therein THIS NOTICE is given pursuant to the requirements of Sections 10 and 17 of Act 338, Public Acts of Michigan, 1974, as amended The amended project plan and relevant maps or plats are available for inspection at the City Clerk' s office All interested citizens are encouraged and will be offered an opportunity at said hearing to address the City Council concerning said project, said amended project plan, and the bonds proposed to be issued Written comments may also be sub-fitted to the City Clerk prior to said hearing City Clerk 6 The Council does hereby determine that the foregoing form of notice and the manner of publication directed is adequate notice to the citizens of the City and is well calculated to inform them of the intention of the Council to hold a public hearing and the purpose of the public hearing 7. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded EXHIBIT A Land located in the City of Livonia, Wayne County, Michigan, and further described as follows 22904 The North 300.00 feet of Lot 15 and 16 of the Fair Way Subdivision according to the plat thereof as recorded in liber 70, page 56 of Plats, Wayne County Records. EXHIBIT B Land located in the City of Livonia, Wayne County, Michigan, and further described as follows. The North 300.00 feet of Lot 15 and 16 of the Fair Way Subdivision according to the plat thereof as recorded in liber 70, page 56 of Plats, Wayne County Records. #1067-86 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to revitalize the City' s economy, and to assist industrial and commercial enterprises, and to encourage the location, expansion or retention of industrial and commercial enterprises to provide needed services and facilities to the City and its residents and to retain employment opportunities in the City, and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes was initiated by The Economic Development Corporation of the City of Livonia (the "Corporation") , and WHEREAS, the Corporation in conformity with Act 338 of the Public Acts of Michigan, 1974, as amended ("Act 338") , and the Internal Revenue Code of 1954, as amended, prepared and submitted a project plan (the "Project Plan") involving the acquisition and construction of a commercial project to be undertaken on behalf of Dr Roger Ajluni and Rosette Ajluni (the "Company") (the "Project"), and WHEREAS, the Council approved the Project Plan on June 4, 1986; and WHEREAS, the Corporation was advised by the Company that the Company received a new commitment for the purchase of the bonds to be issued by the Corporation (the "Bonds") , and WHEREAS, the Corporation was also advised by the Company that the legal description contained in the Project Plan is incorrect, and LWHEREAS, the Company submitted an Amended Project Plan that contains the correct legal description and new commitment (the "Amended Project Plan") , and 1 22905 Imso WHEREAS, the Corporation approved the Amended Project Plan on October 9, 1986 and has submitted it to this Council , and WHEREAS, pursuant to Act 338 it is necessary to hold a public hearing concerning the Project, the Amended Project Plan and the Bonds prior to taking legislative action relating to it, NOW, THEREFORE, BE IT RESOLVED THAT 1 Pursuant to the aforesaid Act 338 the Council shall meet on Monday, December 8, 1986 at 7 30 o'clock p m , at which time it shall conduct a public hearing on the Corporation' s submission of the Amended Project Plan and the issuance by the Corporation of the Bonds. 2 The Clerk be and is hereby directed to give notice of such public hearing by (1 ) publishing a notice thereof in the Livonia Observer, a newspaper of general circulation in the City, (2) posting in at least ten (10) conspicuous and public places in the project district area, and (3) mailing to the last known owner of each parcel of real property in the project district area at the last known address of the owner as shown on the tax assessment records, which notices shall be published and given at least fourteen (14) full days prior to the date set for said hearing 3. Said notice shall be in substantially the following form OFFICIAL NOTICE TO THE CITIZENS OF THE CITY OF LIVONIA OF PUBLIC HEARING TO CONSIDER APPROVAL OF AN AMENDED PROJECT PLAN AND THE ISSUANCE OF THE BONDS PROPOSED THEREIN AS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF LIVONIA BY THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF LIVONIA DR ROGER AJLUNI AND ROSETTE AJLUNI PROJECT PLEASE TAKE NOTICE that pursuant to Act 338 of the Public Acts of Michigan of 1974, as amended, The Economic Development Corporation of the City of Livonia has submitted an amended project plan to the City Council for its approval Said project plan deals with the construction and equipping of a 52,780 square foot commercial facility to be owned by and used by Dr Roger Ajluni and Rosette Ajluni and leased to certain tenants, and to be located at 17900 Farmington Road, Livonia, Michigan Said amended project plan details all information required by law relative to said project and its impact on the community No persons will be displaced from the project area as a result of this amended project. 22906 Iwo Said amended project plan also proposes the issuance of revenue bonds by said Economic Development Corporation in a maximum principal amount not to exceed $3,000,000 to assist in the financing of said project. The City Council will meet at 7 30 o'clock p m , Monday, the 8th day of December, 1986, at the City Hall , located at 33000 Civic Center Drive, Livonia, Michigan, and will conduct a public hearing The public hearing shall consider the advisability of the City Council approving, modifying or rejecting by resolution said amended project plan and the issuance of bonds as proposed therein THIS NOTICE is given pursuant to the requirements of Sections 10 and 17 of Act 338, Public Acts of Michigan, 1974, as amended. The amended project plan and relevant maps or plats are available for inspection at the City Clerk' s office All interested citizens are encouraged and will be offered an opportunity at said hearing to address the City Council concerning said project, said amended project plan, and the bonds proposed to be issued. Written comments may also be submitted to the City Clerk prior to said hearing City Clerk 4 The Council does hereby determine that the foregoing form of notice and the manner of publication directed is adequate notice to the citizens of the City and is well calculated to inform them of the intention of the Council to hold a public hearing and the purpose of the public hearing #1068-86 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Wendell M Doolin, President, Tooling & Equipment International , 34018 Beacon Road, Livonia, Michigan 48150, dated October 22, 1986, covering new industrial facilities to be located within City of Livonia Industrial Development District 36, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows• 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P A 1974, as amended 2. The City Clerk shall contact each of the affected taxing Immo units and, (i ) indicate the Council ' s interest in this matter, and (ii ) assist these taxing units in collecting such 22907 imi information as may be necessary to determine their respective opinions on this Application and, (iii ) advise the said taxing units of this Council ' s desire to hold a hearing on this Application on Wednesday, December 3, 1986 at 8.00 P M , at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan 3. The Council hereby sets Wednesday, December 3, 1986, at 8 00 P M at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on this Application #1069-86 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from J.P. VanDusen, Supervisory Tax Attorney, State and Local Tax Department, Ford Motor Company, The American Road, Dearborn, Michigan, 48121 , dated October 27, 1986, covering new industrial facilities to be located within City of Livonia Industrial Development District 1 (Livonia Transmission & Chassis Plant for the purchase of 31 new machines and rearrangement of existing plant layout) , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 . The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P A 1974, as amended 2 The City Clerk shall contact each of the affected taxing units and, (i ) indicate the Council ' s interest in this matter, and (ii ) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii ) advise the said taxing units of this Council 's desire to hold a hearing on this Application on Wednesday, December 3, 1986 at 8 00 P M. , at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan 3. The Council hereby sets Wednesday, December 3, 1986, at 8 00 P.M. at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on this Application #1070-86 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from J P. VanDusen, Supervisory Tax Attorney, State and Local Tax Department, Ford Motor Company, The American Road, Dearborn, Michigan, 48121 , dated October 27, 1986, covering new industrial facilities to be located within City of Livonia Industrial Development District 1 (Livonia Transmission & Chassis Plant for the addition of 50 new machines, 3 test stands and rebuilding of existing transfer lines and other equipment) , 22908 imp NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 . The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A 1974, as amended 2 The City Clerk shall contact each of the affected taxing units and, (i ) indicate the Council 's interest in this matter, and (ii ) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii ) advise the said taxing units of this Council ' s desire to hold a hearing on this Application on Wednesday, December 3, 1986 at 8:00 P M , at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan. 3 The Council hereby sets Wednesday, December 3, 1986, at 8 00 P.M at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on this Application #1071-86 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate fro:- J P VanDusen, Supervisory Tax Attorney, State and Local Tax Department, Ford Motor Company, The American Road, Dearborn, Michigan, 4E121 , dated October 27, 1986, covering new industrial facilities to be located within City of Livonia Industrial Development District 1 (Livonia Transmission & Chassis Plant for the addition of 38 new machines, new test stands and a mini carrousel assembly line), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P A 1974, as amended 2 The City Clerk shall contact each of the affected taxing units and, (i ) indicate the Council ' s interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii ) advise the said taxing units of this Council ' s desire to hold a hearing on this Application on Wednesday, December 3, 1986 at 8 00 P.M. , at the Livonia City Hall , 33000 Civic Center Drive, Lip Livonia, Michigan 22909 3 The Council hereby sets Wednesday, December 3, 1986, at 8 00 P.M at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on this Application #1072-86 RESOLVED, that having considered a communication from the City Engineer, dated October 13, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and submitted pursuant to Council Resolution 319-86, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Osmus, Parker and Norfolk (N.E 1/4, Section 3) , and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of October 29, 1986, and that there has been a full compliance with all of the provisions of Section 3 08.060 of the Livonia Code of Ordinances, as arended, the Council does hereby set Monday, January 12, 1987 at 8 OC P M as the date and time for a public hearing on the Necessity for such proposed improvement, which public hearing shall be held before the Council in the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08.070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.08 070 of said Code 11073-86 RESOLVED, that having considered a communication from the City Engineer, dated October 13, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and submitted pursuant to Council Resolution 376-86, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Fairfield and Mayfield Drives, South of Six Mile Road, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estivate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in 22910 the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of October 29, 1986, and that there has been a full compliance with all of the provisions of Section 3.08.060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, January 12, 1987 at 8 00 P.M. as the date and time for a public hearing on the Necessity for such proposed improvement, which public hearing shall be held before the Council in the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3.08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code. #1074-86 RESOLVED, that having considered a communication from the City Engineer, dated October 13, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and submitted pursuant to Council Resolutions362-86 and 364-86, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Loveland (7 Mile to Curtis), Woodring (7 Mile to Clarita) and Clarita (Shadyside to Mayfield), and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of October 29, 1986, and that there has been a full compliance with all of the provisions of Section 3.08.060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, January 12, 1987 at 8:00 P.M. as the date and time for a public hearing on the Necessity for such proposed improvement, which public hearing shall be held before the Council in the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3.08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code #1075-86 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 ime 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 22911 of Livonia on Monday, December 15, 1986 at 8.0C P M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items. a. Petition 86-8-1-36, submitted by Jarvis Jones, Greenwood Gardens Nursery, for a change of zoning of property located on the North side of Joy Road between Oxbow and Hartel in Section 36 from C-1 and RUF to C-2, the City Planning Commission in its resolution 10-270-86 having recommended to the City Council that Petition 86-8-1-36 be approved, b. Petition 86-8-1-37, submitted by Joseph H Amico, for a change of zoning of property located on the North side of Schoolcraft between Yale and Ellen in the Southwest 1/4 of Section 21 from R-2 to P.S , the City Planning Commission in its resolution 10-271-86 having recommended to the City Council that Petition 86-8-1-37 be denied, c. Petition 86-9-1-38, submitted by the City Planning Commission for change of zoning of property located Korth of Seven Mile Road between Levan and Wayne Roads in the Southeast 1/4 of Section 5 from RUF to P.L , the City Planning Commission in its resolution 10-272-86 having recommended to the City Council that Petition 86-9-1-38 be approved, d. Petition 86-9-1-41 , submitted by Jack M Freij, for a change of zoning of property located on the Southeast corner of Seven Mile and Merriman Roads in the Northwest 1/4 of Section 11 from R-3 to C-1 , the City Planning Comrission in its resolution 10-275-86 having recommended to the City Council that Petition 86-9-1-41 be denied, and e. Petition 86-9-1-42, submitted by Duke Associates & Schoolcraft College for a change of zoning of property located on the Southwest corner of Seven Mile Road and the 1-275 Freeway in the Northwest 1/4 of Section 7 from P.L. to C-2 and C-4II , the City Planning Commission in its resolution 10-276-86 having recommended to the City Council that Petition 86-9-1-42 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and Lto 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 22912 #1076-86 RESOLVED, that having considered a communication from the City Engineer, dated October 28, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and submitted pursuant to Council Resolution 175-86, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Raleigh, Parkdale and Van Ct (N W 1/4, Section 32), and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of November 5, 1986, and that there has been a full compliance with all of the provisions of Section 3.08.060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, January 26, 1987 at 8 00 P.M. as the date and time for a public hearing on the Necessity for such proposed improvement, which public hearing shall be held before the Council in the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3.08.070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.08 070 of said Code #1077-86 RESOLVED, that having considered a communication from the City Engineer, dated October 28, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and submitted pursuant to Council Resolution 318-86, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Laurel (Plymouth to South of Pinetree) and Pinetree (Wayne to Stark) , and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which im. should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of November 22913 5, 1986, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, January 26, 1987 at 8 00 P.M as the date and time for a public hearing on the Necessity for such proposed improvement, which public hearing shall be held before the Council in the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08.070 of said Code A roll call vote was taken on the foregoing resolutions with the following result AYES McCotter, Feenstra, McCann, Taylor, Bennett, Ochala, Bishop NAYS None Councilman McCann took from the table, for second reading and and adoption, the following Ordinance AN ORDINANCE ADDING SECTION 150 TO TITLE 9, CHAPTER 32 (ALCOHOLIC BEVERAGES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES• McCotter, Feenstra, McCann, Taylor, Bennett, Ochala, Bishop NAYS None. The President declared the Ordinance duly adopted and would become effective on publication Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance, AN ORDINANCE ADDING SECTION 160 TO TITLE 9, CHAPTER 32 (ALCOHOLIC BEVERAGES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES McCotter, Feenstra, McCann, Taylor, Bennett, Ochala, Bishop i`"" NAYS None 22914 The President declared the Ordinance duly adopted and would become effective on publication. Councilman Bennett gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 030, 060, 070, 080 A, 090, 100, 140 F, 150 A, 250 and 270 OF TITLE 3, CHAPTER 08 (SPECIAL ASSESSMENTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was 11078-86 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated October 16, 1986 and submitted pursuant to Council Resolution 651-82 in connection with a communication from the Department of Law, dated August 19, 1982, approved by the Chief Building Inspector and the Senior Fire Inspector, and which submits a proposed ordinance amendment to Title VII of the Livonia Code of Ordinances entitled, "Inspection of Residential Property Upon Resale", the Council does hereby determine to take no further action at this time. On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was 11079-86 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated October 16, 1986, and submitted pursuant to Council Resolution 651-82 in connection with a communication from the Department of Law, dated August 19, 1982, approved by the Chief Building Inspector and the Senior Fire Inspector, and which submits a proposed ordinance amendment to Title VII of the Livonia Code of Ordinances entitled, "Inspection of Residential Property Upon Resale," the Council does hereby refer the matter of a proposed ordinance amendment requiring smoke detectors in every dwelling to the Fire Department and Engineering Department for their respective reports and recommendations 22915 On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #1080-86 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated October 16, 1986 and submitted pursuant to Council Resolution 662-85 in connection with a communication from the Planning Director, dated February 22, 1984, and submitted pursuant to Council Resolution 567-83, with regard to a request from the Quaker Town Civic Association for the City to adopt an ordinance so as to require residential developers to construct homes of comparable square footage and architectural amenities to that of existing homes and/or original models in such subdivisions, the Council does hereby determine to take no further action. On a motion by Councilwoman McCotter, seconded by Councilman Taylor, and unanimously adopted, it was #1081-86 RESOLVED, that having considered the report and recommendation of the Streets, Roads & Plats Committee dated October 20, 1986 and submitted pursuant to Council Resolution 707-86 in connection with a report and recommendation of the City Engineer dated June 30, 1986 which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which submits a proposed special assessment district for the paving of Gill Road from Seven Mile to Northland, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed street improvement of Gill Road from Seven Mile to Northland, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of July 8, 1986, and that there has been a full compliance with all of the provisions of Section 3.08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Wednesday, December 3, 1986 at 8 00 P M as the date and time for a public 22916 hearing on the Necessity for such proposed imprciement, which public hearing shall be held before the Council it the Livonia Imo City Hall , 33000 Civic Center Drive, Livonia, Mich :an, pursuant to Section 3 08.070 of said Livonia Code of 0-dinances, as amended, and the City Clerk is hereby authorized t: give notice and publication of such hearing as is require: by Section 3.08.070 of said Code On a motion by Councilwoman McCotter, seconded by Cc.ncilman Feenstra, it was '1082-86 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated October 20, 1986, and submitted pursuant to Council Resolution 751-86 in connection with a communication from the City Planning Commission, dated May 22, 1986, which sets forth its resolution 5-119-86 adopted on May 13, 1986 with regard to Petition 86-4-1- 17, submitted by Helen Constantine to rezone pro:erty located on the North side of Seven Mile Road, East of Gill Road in the Southeast 1/4 of Section 4 from RUFA to R-2, art the Council having conducted a public hearing with regard tc this matter on July 21 , 1986 pursuant to Council Resolutior 596-86, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 86-4-1-17 is hereby approved and granted, and the City Planner is hereby instrufted 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 s.:h map, the Department of Law is requested to prepare an ordirance amending Ordinance 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with V'e following result. AYES. McCotter, Feenstra, McCann, Taylor, Bennett, Ochala, Bishop NAYS: None Communications re the Capital Improvement Program, 1984-1980 (CR 705-83), Capital Improvement Program, 1985-1990 (CR 781-84) and CapitaImprovement Program, 1986-1991 (CR 850-85) were received and placed on file for the information of the Council at the recommendation of the Capital Improvement Comrittee per their meeting of October 27, 1986. imwOn a motion by Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was 22917 L #1083-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated October 29, 1986, and submitted pursuant to Council Resolution 1015-86 in connection with a communication from the City Assessor, dated September 22, 1986, approved for submission by the Mayor, with regard to a request from Kenneth I Adams, 18570 Merriman, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No 543, as amended, the Livonia Zoning Ordinance, the Council does hereby find that the proposed division of Tax Item No. 46 042 99 0043 000 (11T2A) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing the same into two (2) parcels, the legal descriptions of which shall read as follows PARCEL "B" A parcel of land in the N.W 1/4 of Section 11 , T.1S , R.9E. , City of Livonia, Wayne County, Michigan, described as Beginning at a point distant S. 0 deg. 12 min. 30 sec. West 1653 70 feet along the West line of said Section 11 , and S 89 deg. 35 min. 00 sec East, 294.73 feet from the Northwest corner of said Section 11 , thence S. 89 deg 35 min. 00 sec. East, 150 00 feet; thence N. 0 deg. 18 min. 10 sec. East, 132.54 feet, thence N. 89 deg. 35 min. 00 sec. West, 150.00 feet, thence S. 0 deg. 12 min 30 sec. West, 132 54 feet to point of beginning. Containing 0.456 acres of land, more or less Subject to easements and restrictions of record PARCEL "C" A parcel of land in the N W 1/4 of Section 11 , T 1S , R.9E , City of Livonia, Wayne County, Michigan, described as. Beginning at a point distant S. 0 deg 12 min 30 sec West, 1653.70 feet along the West line of said Section 11 , and S. 89 deg. 35 min 00 sec East, 444.73 feet from the Northwest corner of said Section 11 , thence S 89 deg. 35 min. 00 sec. East, 212 47 feet, thence N. 0 deg. 18 min. 10 sec. East, 132 54 feet, thence N. 89 deg. 35 min 00 sec West, 212.47 feet, thence S. 0 deg 12 min 30 sec. West, 132 54 feet to the point of beginning. Containing 0.646 acres, more or less. Subject to easements and restrictions 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. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and im., unanimously adopted, it was 22918 #1084-86 RESOLVED, that Villanova Construction Company, 20764 Hugo Avenue, Farmington Hills, MI 48024, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision Gill Woods Subdivision on the west side of Gill Road, north of Seven Mile Road in the Southwest 1/4 of Section 4, the said proposed preliminary plat being dated April 28, 1986, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on June 3, 1986, 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 and Building Deprtment as is set forth in the report of that department dated September 17, 1986, 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 and Building Department and the Development Plans submitted by the proprietor and approved by such department, all such im. 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 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 and Building 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 Ordinances, 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, ift. (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 subdivison if drawn in substantial 22919 conformity with the proposed plat as approvec 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 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 $42,000 of which at least $4,200 shall be in cash B Sidewalk Bond $ 6,500 of which at least $1 ,000 shall be in cash. C. Grading and Soil Erosion Control Bond $ 1 ,000 (cash ) D. Monuments & Lot Markers $ 225 (cash ) and require cash payments in the total amount of $3,261 and an irrevocable letter of credit for $35,000 tc be used for the future paving of Gill Road In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are tc be provided throughout the subdivision On a motion by Councilman Taylor, seconded by Councilman Bennett, it was 11085-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated October 29, 1986 and submitted pursuant to Council Resolution 408-86 in connection with a communication from the City Planning Commission dated April 4, 1986, which transmits its resolution 3-81-86 adopted on March 18, 1986 with regard to Sign Permit Application 2572 submitted by Joe's Produce to erect a new wall sign on a building located at 33151 Seven rile Road, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application 2572, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result 22920 L. AYES. McCotter, McCann, Taylor, Bennett, Ochala, Bishop NAYS. Feenstra. The President declared the resolution: On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was f1086-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated October 29, 1986 and submitted pursuant to Council Resolution 394-86 in connection with a communication from the City Clerk dated April 7, 1986, to which is attached a communication from the City Planner dated April 4, 1986 regarding a request submitted by the Manager, Exemption Program Section, Michigan Department of Treasury dated September 25, 1985, requesting that a new Commercial Facility Exemption Certificate be issued in the revised amount of $4,600,000 for Republic Airlines (City of Livonia Commercial Development District No. 2), the Council does hereby determine to take no further action. On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was 11087-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated October 29, 1986 and submitted pursuant to Council Resolution 88-86 in connection with a communication from the City Planning Commission dated November 4, 1985, which sets forth its resolution 10-226-85 adopted on October 29, 1985 with regard to Petition 85-9-1-24, submitted by Naomi R. Clark for a change of zoning on property located on the North side of Seven Mile Road, East of Fitzgerald in the Southwest 1/4 of Section 5 from RUFC to R-6, and the Council having conducted a public hearing with regard to this matter on January 13, 1986, pursuant to Council Resolution 1029-85, the Council does hereby determine to take no further action inasmuch as this petition was denied in Council Resolution 87-86 adopted on January 29, 1986 On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #1088-86 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated October 22921 29, 1986 and submitted pursuant to Council Resolution 62-86 with regard to a proposed review of the voting procedures of the City Council , as governed by Charter, Ordinarce and Roberts Rules of Order, the Council does hereby refer this item to the Legislative Committee for its report and recomrendation Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 27 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 86-6-1-25 , rezoning from C-3 to M-2) A roll call vote was taken on the foregoing Ordinance with the following result. AYES McCotter, Feenstra, McCann, Taylor, Bennett, Ochala, Bishop NAYS None. imsThe President declared the Ordinance duly adopted and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 13 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 86-6-1-26, change of zoning from R-7 and P to C-2) A roll call vote was taken on the foregoing Ordinance with the following result AYES McCotter, McCann, Taylor, Bennett, Ochala, Bishop NAYS• Feenstra The President declared the Ordinance duly adopted and would become effective on publication 22922 LI Councilman Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 070 OF TITLE 5, CHAPTER 06 (ALARM SYSTEMS AND DEVICES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting of the Council Councilman McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 2.08 OF ARTICLE II , 10 02 OF ARTICLE X, 11 02 OF ARTICLE XI AND 30 04 OF ARTICLE XXX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" (Petition 86-8-6-2) LCouncilman McCann 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, McCann, Taylor, Bennett, Ochala, Bishop. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 27 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 86-7-1-31 , change of zoning from P L to M-2) 22923 iiir The foregoing Ordinance, when adopted, is filed in the JoJrnal 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 Bennett gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 27 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE P+0 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 86-7-1-32, change of zoning from P L to M-2) 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. ilim 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 26 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 86-6-1-29, change of zoning from M-1 to C-1 ) Councilman Taylor 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, McCann, Taylor, Bennett, Ochala, Bishop. NAYS None The President declared the foregoing Ordinance duly adopted, and would become la. effective on publication Councilman Feenstra gave first reading to the following Ordinance 22924 AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 86-6-3-5) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting of the Council On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #1089-86 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated October 15, 1986, approved by the Director of Finance and approved for submission by the Mayor and submitted pursuant to Council Resolution 798-86 wherein it is recommended by the Parade Commmittee that a Memorial Day Parade be held on Saturday, May 30, 1987, commencing with a ceremony at Veterans' Park at 9 00 A.M , and with the parade commencing at 10.00 A M. with a parade route which is as follows Assembly at Bentley High School - Five Mile West to Farmington, Farmington South to Lyndon, Lyndon, West to Ford Field Parade will end at Ford Field the Council does hereby concur in and approve of such action. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #1090-86 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated September 2, 1986, and the report and recommendation of the Acting Chief of Police dated October 20, 1986 in connection therewith, the Council does hereby approve of the request from Walter A Wosik (stockholder in Carl ' s Place, Inc ) to transfer ownership of a 1986 Class C License with Dance Permit and a new Entertainment Permit from Giulio's Chalet, Inc. , for a business located at 39305 Plymouth, Livonia, Michigan 48150, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission ime On a motion by Councilman Feenstra, seconded by Councilman Taylor, and 22925 im. unanimously adopted, it was #1091-86 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated June 13, 1986 and the report and recommendation of the Chief of Police dated September 8, 1986 in connection therewith, with regard to an application from Jack Mackover, stockholder in McGar, Inc. , for a transfer of ownership of 1986 Class C License with Dance Permit located at 32826 Five Mile, Livonia, Michigan, Wayne County, from Browne Brothers, Inc , for a business located at 32826 Five Mile Road, Livonia, Michigan 48154, the Council does hereby take this means to advise the Liquor Control Commission that the Council denies the said request and would not recommend that the said request be approved by the Michigan Liquor Control Commission, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Councilman Feenstra, seconded by Councilman McCann, and unanimously adopted, it was #1092-86 RESOLVED, that having considered the report and recommendation of the Fire Chief dated October 1 , 1986, which bears the signature of the Mayor, wherein it is requested that the Council approve the inclusion of the City of Farmington Hills and Huron Township as members of the Western Wayne County Mutual Aid Pact, the Council does hereby determine to concur in and approve of such action. On a motion by Councilman McCann, seconded by Councilman Feenstra, and unanimously adopted, it was #1093-86 RESOLVED, that having considered a communication from the City Clerk dated October 21 , 1986, which transmits a claim from Violet L Van Wye, 18445 University Park Drive, Livonia, Michigan 48152 in a letter dated October 18, 1986 in the amount of $268.82 for damages incurred by her as a result of an alleged street defect, the Council does hereby determine to take no further action On a motion by Councilman Taylor, seconded by Councilman McCann, it was #1094-86 RESOLVED, that having considered the report and recommendation of the Department of Law dated October 13, 1986, im• approved by the Director of Finance and approved for submission by the Mayor, wherein it is requested that the City obtain an appraisal of certain property located at 36500 W Seven 22926 Mile Road, Livonia, Michigan, the Council does hereby appropriate and authorize the Department of Law to employ an expert real estate appraiser for this purpose, and does in this regard appropriate and authorize the expenditure of a sum not to exceed $800 from the Unexpended Fund Balance Account. A roll call vote was taken on the foregoing resolution with the following result. AYES McCotter, Feenstra, McCann, Taylor, Bishop NAYS. Bennett, Ochala The President declared the resolution adopted On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #1095-86 RESOLVED, that having considered a communication from the Department of Law, dated October 3, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire land located in Section 25 of the City of Livonia, County of Wayne and State of Michigan, as follows. Lots 135 to 139, both inclusive, including the North 1/2 of the vacated alley lying South of and adjacent to said lots, also Lots 140 to 146, both inclusive, including all of the 20 foot wide vacated alley lying South of and adjacent to said Lots 140 to 146, all of said lots being a part of the "New Detroit Subdivision," as recorded in Liber 61 , Page 85, Wayne County Records, said subdivision being a part of the West 1/2 of the N.W 1/4 of Section 31 , T. 1 S. , R. 10E. , Redford Township, and also part of the East 1/2 of the East 1/2 of the N.E. 1/4 of Section 36 and the Southeasterly part of Section 25, T. 1 S. , R 9 E. , Livonia Township (now City of Livonia), Wayne County, Michigan. BE IT FURTHER RESOLVED, that the Council does hereby authorize the expenditure of a sum not to exceed One Hundred Thousand Dollars ($100,000.00) as the purchase price and the expenditure of a sum not to exceed One Thousand, Seven Hundred Fifty Dollars ($1750 00) for the proration of taxes, and the sum of $400 00 for the title work, further, the Council does hereby authorize the payment of the aforesaid sums as compensation to the owners of the property, Frank J. Frischkorn and June R. Frischkorn, 690 Fairford Road, Grosse Pointe, Michigan 48236, and the Council does hereby appropriate the aforesaid sums from the unexpended fund balance account for this purpose, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 22927 On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #1096-86 RESOLVED, that having considered a comr-nication from the Department of Law, dated October 15, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire certain property located at the N.E. corner of Fitzgerald and Seven Mile Road from Naomi R Clark, which land is more particularly described as follows Lots 37, 38 and 39, Fitzgerald Gardens Subdivision, as recorded in Liber 68, page 95, Wayne County Records, said subdivision being a part of the S W 1/4 of Section 5, T. 1 S. , R. 9 E , Livonia Township (now City of Livonia), Wayne County, Michigan. and Part of the S W 1/4 of Section 5, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning S. 89°14' 30" E 1893.13 feet and N 0° 22' E 138 feet from the S W. 1/4 corner of Section 5, thence N 0° 22' East, 198 feet, thence S. 53° 55' 57" E 124 55 feet, thence S 0° 22' W 181 98 feet, thence N. 38° 53' 10" W 72.70 feet, thence N 89° 14' 30" W 55 feet to the point of beginning and That part of the S.W 1/4 of Section 5, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the South line of said section distant E 1994.13 feet from the S W corner of Section 5, proceeding thence N 230 58 feet, thence S 68° 59' E 68 56 feet, thence S 206 0 feet to the South line of Section 5, thence West along said line 64.0 feet to the point of beginning 0 32 acre subject to the following terms and conditions: (1 ) The purchase price shall be in the amount of $60,000 00 cash, (2) The seller shall provide the City with the necessary title commitment and title policy at her expense, (3) A sum not to exceed $400.00 shall be expended for the proration of taxes, and a sum not to exceed $870.00 shall be expended for the payment of the 19E6 winter taxes, 22928 lbwfurther, that the foregoing sums are hereby appropriated and authorized to be expended from the Unexpended Fund Balance Account for this purpose On a motion by Councilman Bennett, seconded b) Councilman Taylor, it was #1097-86 RESOLVED, that having considered a communication from the City Planning Commission, dated August 2E, 1986, which sets forth its resolution 8-225-86 adopted on August 19, 1986 with regard to Petition 86-5-1-19, submitted by Mayflower Development Company for a change of zoning on property located on the East side of Gill Road, North of Seven Mile Road in the Southeast 1/4 of Section 4 from RUFA to R-2, and the Council having conducted a public hearing with regard to this matter on October 20, 1986, pursuant to Council Resolution 855-86, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 86-5-1-19 is hereby approved and granted so as to approve the requested rezoning to R-3 (and not R-2) , and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Councilman Ochala, seconded by Councilman Bishop,it was RESOLVED, that the foregoing resolution be amended so as to rezone the property that faces on Gill Road to R-3 and the balance to R-2 Council President Bishop relinquished the Chair at 9 05 P.M A roll call vote was taken on the foregoing amendment with the following result AYES, McCotter, Ochala, Bishop NAYS. Feenstra, McCann, Bennett, Taylor The Vice President declared the amendment denied. A roll call vote was taken on the original resolution with the following result AYES McCotter, Feenstra, McCann, Bennett, Ochala, Bishop, Taylor. NAYS. None. 22929 The Vice President declaredthe resolution adopted The President resumed the Chair at 9 06 P.M. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, it was #1098-86 RESOLVED, that having considered a communication from the City Planning Commission, dated August 25, 1986, which sets forth its resolution 8-217-86 adopted on August 19, 1986 with regard to Petition 86-7-1-28, submitted by Raymond Hurley for a change of zoning on property located on the West side of Gill Road, South of Norfolk Avenue in the Northwest 1/4 of Section 4 from RUFB to R-3, and the Council having conducted a public hearing with regard to this matter on October 20, 1986, pursuant to Council Resolution 855-86, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 86-7-1-28 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. A roll call vote was taken on the foregoing resolution with the following result AYES McCotter, Feenstra, McCann, Taylor, Bennett, Ochala, Bishop NAYS• None On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was RESOLVED, that having considered a communication from the City Planning Commission, dated August 25, 1986, which sets forth its resolution 8-219-86 adopted on August 19, 1986 with regard to Petition 86-7-1-30, submitted by D Josephson and J Akey for a change of zoning on property located on the East side of Middlebelt Road, South of Pickford in the Northwest 1/4 of Section 12 from RUF to P S , and the Council having conducted a public hearing with regard to this matter on October 20, 1986, pursuant to Council Resolution 855-86, the Council does hereby concur in part and reject in part the recommendation of the Planning Commission and the said Petition 86-7-1-30 lbw is hereby approved and granted only to the extent of the property located West of the Tarabusi Drain with the balance of the subject property to remain in the RUF zoning classification, 22930 ibm and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Councilman Taylor, seconded by Councilman Ochala,it was #1099-86 RESOLVED, that having considered a communication from the City Planning Commission, dated August 25, 1986, which sets forth its resolution 8-219-86 adopted on August 19, 1986 with regard to Petition 86-7-1-30, submitted by D Josephson and J. Akey for a change of zoning on property located on the East side of Middlebelt Road, South of Pickford in the Northwest 1/4 of Section 12 from RUF to P.S. , and the Council having conducted a public hearing with regard to this matter on October 20, 1986, pursuant to Council Resolution 855-86, 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; McCotter, McCann, Taylor, Bennett, Ochala, Bishop. NAYS. Feenstra. The President declared the resolution to refer adopted. On a motion by Councilman Feenstra , seconded by Councilman Bennett, and unanimously adopted, it was #1100-86 RESOLVED, that having considered the report and recommendation of the Mile Roads Beautification Committee dated November 3, 1986, to which is attached a letter from Mr. Victor Borowski , attorney for Vinzenzo A. Giordano, dated October 30, 1986, and submitted pursuant to Council Resolution 960-86 in connection with a letter from the Michigan Liquor Control Commission dated July 28, 1986 and the report and recommendation of the Chief of Police dated September 22, 1986 in connection therewith, the Council does hereby approve of a request from Vinzenzo A. Giordano (stockholder in V & B , Inc. ) to transfer ownership of a 1986 SDM license in escrow from Farid, Fouad and Phillip Sitto, for a business located at 28350 Joy Road, Livonia, Michigan 48150, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission lw. On a motion by Councilman McCann, seconded by Councilman Feenstra, and 22931 unanimously adopted, it was #1101-86 RESOLVED, that having considered a communication from the Director of Community Resources dated October 15, 1986 which is approved by the Director of Finance and bears the signature of the Mayor, the Council does hereby accept a grant from the Senior Alliance to the Department of Community Resources in the amount of $683, the purpose of which is to purchase two (2) Snowblowers for the Senior Citizen Chore Program On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #1102-86 RESOLVED, that having considered a communication from the Historical Commission dated October 29, 1986, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the following donations $2,213 for Kingsley House restoration from Livonia Chamber of Commerce ifts 15401 Farmington Road Livonia, Michigan 48154 Player Piano and 24 piano rolls for the Village from Mr. and Mrs. Joseph Novak 1220 Chagrin Perdido Pines Lillian, Alabama 36549 2 Wool Coverlets for the Village from Nancy Richardson 935 Arcada Ithaca, Michigan 48847 On a motion by Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #1103-86 RESOLVED, that having considered a letter from the Council President dated October 23, 1986, the Council does hereby approve the following schedule of Council Meetings for the month of January, 1987, subject to change with notice 8 P.M. JANUARY 5 STUDY MEETING imme 8 P.M JANUARY 14 REGULAR MEETING 8 P.M JANUARY 19 STUDY MEETING 8 P.M JANUARY 28 REGULAR MEETING 22932 iiii On a motion by Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was 11104-86 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 475-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #1105-86 RESOLVED, that having considered a communication from the City Clerk dated November 7, 1986, the Council does hereby rescind and repeal Council Resolution 1006-86, the action herein being taken for the reasons indicated in the aforesaid communication. On a motion by Councilman Taylor, seconded by Councilman McCann, and imme unanimously adopted, it was #1106-86 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, December 15, 1986 at 8 00 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 86-8-1-34, submitted by the City Planning Commission for a change of zoning of property located on the West side of Osmus, South of Eight Mile Road in Section 3 from M-1 to R-1 and R-3A, and on the East side of Osmus, South of Eight Mile Road in Section 3 from M-1 to R-1 and RUFA, the City Planning Commission in its resolution 9-248-86 having recommended to the City Council that Petition 86-8-1-34 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature 22933 of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change 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 On a motion by Councilman Feenstra, seconded by Councilman McCann, it was #1107-86 RESOLVED, that having considered a proposed ordinance submitted by Council President Robert R. Bishop, dated November 6, 1986, which would provide for filling the Mayoral vacancy when the incumbent Mayor permanently leaves office, the Council does hereby refer this item to the Department of Law for the preparation of the proposed ordinance in codified form for Lsubmission to the Council . A roll call vote was taken on the foregoing resolution with the following result: AYES Feenstra, McCann, Taylor, Bishop. NAYS. McCotter, Bennett, Ochala. The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman McCann, and unanimously adopted, it was #1108-86 WHEREAS, the City Council having duly met and reviewed the special assessment levied on the Special Assessment Roll as prepared by the City Assessor to cover the district portion of the cost of a street improvement consisting of paving, drainage, sanitary sewers and water mains located on the Industrial Road, Merriman to 1665' West, T. 1S , R.9E. , City of Livonia, Wayne County, Michigan, improvements to be constructed in the Special Assessment District No 274, and all owners of record property subject to the special assessments having submitted in writing a "waiver of notice and proceedings" in accordance with Section 3 08.310 of the Livonia Code of Ordinances, as amended, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08.080 of said Code, determine as follows. 22934 NOW, THEREFORE, BE IT RESOLVED, THAT (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated November 7, 1986, in the amount of $572,413.66, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council , (2) Said Special Assessment Roll No 274 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into fifteen (15) equal annual installments with interest at the rate of eight (8%) percent per annum on the unpaid balance of the assessment from the date of confirmation Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll , said rate of interest shall be adjusted to a rate which is not more than 1% above the average rate of interest borne by said bonds In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1 , 1987 and subsequent installments on December 1st of succeeding years , (4) Pursuant to the provisions of Section 3 08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3.08.190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3.08 190. Any property owner assessed may, within sixty (60) days from December 1 , 1986, pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1987 City tax roll in the manner required by Section 3.08.210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments 22935 from December 1 , 1986 and thereafter one (1 ) installment shall be spread upon each annual tax roll together with one (1 ) year' s interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter E of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3.08.200, or after the expiration of the sixty (60) day period as provided by Section 3 08.220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments On a motion by Councilman Bennett, seconded by Coun:ilman Feenstra , and unanimously adopted, it was #1109-86 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan (the "City") , intends to authorize the issuance and sale of Michigan Transportatior Fund Bonds, pursuant to Act 175, Public Acts of Michigan, 1952, as amended, in an amount of not to exceed One Million Two Hurdred Thousand Dollars ($1 ,200,000), for the purpose of defraying all or part of the cost of acquiring and constructing street improvements in the City, and WHEREAS, the City Council of the City intends to authorize the issuance and sale of Special Assessment Bonds, pursuant to Act 279, Public Acts of Michigan, 1909, as amended, in an amount of not to exceed One Million Six Hundred Thousand Dollars ($1 ,600,000), for the purpose of defraying all or part of the cost of acquiring and constructing public improvements in various special assessment districts in the City, and WHEREAS, prior to issuance of both issues of bonds the City must either receive prior approval of both issues of the bonds from the Michigan Department of Treasury or be exempt from prior approval as provided in Chapter III, Section II of Act 202, Public Acts of Michigan, 1943, as amended, and WHEREAS, in order to be exempt from prior approval , the City must notify the Department of Treasury of its intent to issue both issues of the bonds and must agree to pay the separate filing fees required by the aforesaid act NOW, THEREFORE, BE IT RESOLVED THAT. Ibm 1 . The Finance Director is authorized to notify the Department of Treasury of the City' s intent to issue both issues of the bonds described in the preamble to this resolution and request orders providing exceptions for both issues of the bonds from prior approval by the Department of Treasury. 22936 2. The City agrees to pay to the state the filing fees prescribed by law in connection with the issuance of an obligation with respect to both issues of the bonds described in the preamble to this resolution. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #1110-86 RESOLVED, that having considered a communication from the Department of Law, dated November 10, 1986, submitted pursuant to Council Resolution 924-86, approved by the Director of Finance, transmitting for approval a proposed Stipulation to Enter Consent Judgment and Judgment of the Court providing for conveyance to the City of Livonia by Roy P. and Esther N Stone, of: A parcel of land situated in the S.E 1/4 of Section 6, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, comprised of all of Tax Parcel 6a and part of Tax Parcel 5a, being more particularly described as follows. Commencing at the S 1/4 corner of said Section 6 and proceeding thence N. 88 degrees 03' 03" E. , 989.69 feet along the southerly line of the section (also the centerline of 7 Mile Road, variable width) , thence N. 01 degree 41 ' 47" W. 100.00 feet to the Point of Beginning, continuing thence N. 01 degree 41 ' 47" W , 632.00 feet, thence N. 88 degrees 03' 03" E , 100 00 feet, thence S. 01 degree 41 ' 47" E. , 573.50 feet; thence S. 88 degrees 03' 03" W. , 50.00 feet, thence S 01 degree 41 ' 47" E , 64 38 feet, thence N. 85 degrees 14' 22" W. , 50. 34 feet to the Point of Beginning and containing 1 .387 acres of land more or less, subject to the rights of the public in 7 Mile Road and all easements of record, if any. subject to the following obligation of the City of Livonia. 1 . Payment of $220,000 00, with interest, and a pro rata portion of taxes shall be paid from date of entry of the judgment, which shall include just compensation for all losses to the condemnation, including costs and attorney fees. 2. The remaining tract of approximately 5.9 acres shall allow be treated as office on a master plan and shall be placed as "office" on the City' s Master Plan for a period of not less than seven (7) years 22937 3. The remainder of the tract being partially taken shall have necessary curb cuts and suitable access so as to fully utilize the property at such time that the property has developed. 4. The City shall continue its policy of treating the land under its existing uses for property tax purposes until such time as a development of the property occurs. and RESOLVED, that having considered a communication from the Department of Law, dated November 10, 1986, submitted pursuant to Council Resolution 924-86, pertinent to treating 5.9 acres of land in the Southeast 1/4 of Section 6, T. 1 S. , R. 9 E. , City of Livonia, owned by Roy P and Esther N. Stone as "office," the Council does hereby, on behalf of the City of Livonia, approve the same and the City Planning Commission is requested to amend the Master Plan of the City of Livonia accordingly and to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, this 1 ,091st Regular Meeting of the Council of the City of Livonia was duly adjourned at 9 30 P.M , November 10, 1986. c7- - \ -L %,..- t 0, Robert F. Nash, City trk Iwo __