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HomeMy WebLinkAboutCOUNCIL MINUTES 1986-04-23 22431 LMINUTES OF THE ONE THOUSAND AND SEVENTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 23, 1986, the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8:15 P.M. Councilman Ochala 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: Harry Tatigian, City Attorney; Patricia Miencier, Deputy City Clerk, Joan Duggan, Executive Assistant to the Mayor; Ron Mardiros, City Assessor; John Nagy, Planning Director; Gary Clark, Assistant City Engineer; Marilyn Kazmer, Director of Legislative Affairs; Jeanne Hildebrandt of the Planning Commission; Patricia Smith, Traffic Commission and Michael Reiser, Facility wo Maintenance Supervisor. By Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #373-86 RESOLVED, that the minutes of the 1 ,077th Regular Meeting of the Council of the City of Livonia, held April 9, 1986, are hereby approved. At the direction of the Chair, Item 11 re street closings during the 1986 Livonia Anniversary Celebration and Item 14 re approval of a Commercial Facility Exemption Application for Republic Airlines, Inc were removed from the Consent Agenda. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #374-86 RESOLVED, that having considered a letter from Mrs. D.M. Schommer, 29504 Bretton, Livonia, Michigan 48152, dated March 24, iw 1986, wherein a request is submitted for the construction of sidewalks on Bretton Street, the Council does hereby refer this item to the Engineering Department for its report and recommendation. 22432 Ibm #375-86 RESOLVED, that having considered a petition signed by certain residents on Broadmoor, received by the Office of the City Clerk on April 8, 1986, wherein a request is submitted for a street improvement on Broadmoor between Middlebelt and Harrison, the Council does hereby refer this item to the Engineering Department for its report and recommendation. #376-86 RESOLVED, that having considered a letter from Ronald S. Karaisz, 16601 Mayfield, Livonia, Michigan 48154, dated March 27, 1986, which contains the signatures of certain residents and wherein a request is submitted for a street improvement on Mayfield and Fairfield, South of Six Mile Road, the Council does hereby refer this item to the Engineering Department for its report and recommendation. #377-86 RESOLVED, that having considered a letter from Robert G. Amell , 9921 Cranston, Livonia, Michigan 48150, dated April 7, 1986, requesting permission to close Cranston Avenue between Elmira and Orangelawn on Monday, May 26, 1986 from 12:00 Noon to Dusk (approximately 8:00 P.M. ) for the purpose of conducting an annual Memorial Day picnic, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department. #378-86 RESOLVED, that having considered the report and recommendation of the Director of Finance dated April 8, 1986, approved for submission by the Mayor, the Council does hereby accept the bid of Specialty Advertising, Inc. , 10833 Farmington Road, Livonia, Michigan 48150, for printing the City of Livonia's envelopes, letterhead and various forms at the unit prices set forth in the attached printing bid tabulation, 1986-1987, the same having been in fact the lowest bid received on a majority of the items requested. #379-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 13, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the completion of the improvement of Munger (650' West of Middlebelt to Henry Ruff) and Oporto (Six Mile to Munger), in accordance with Special Assessment Roll No. 260, the Council does hereby determine as follows: (a) To authorize reducing the assessments as set forth in the confirmed assessment roll for S.A.D. No. 260, the revised assessments to be based upon an assessment rate of $10.05 per front foot rather than $11.30 per front foot; (b) To establish the final project cost at $74,351 .30. Of this total , $55,343.93 is to be charged to the subject special assessment district (No. 260) and $19,007.37 is to be assumed by the City's Motor Vehicle Fund receipts; 22433 lw. (c) To authorize the City Assessor to increase the assessments for parcels listed in Attachment III so as to include the cost of additional work requested by homeowners within the assessment district, and (d) To authorize an expenditure in the amount of $74,351 .30 from the $7.9 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($55,343.93) and the next Motor Vehicle Highway Fund (M.V.H.F. ) Bond Issue ($19,007.37). #380-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 13, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the completion of the improvement of Alexander and Sunbury (Five Mile to Jamison) , in accordance with Special Assessment Roll No. 258, the Council does hereby determine as follows: (a) To authorize reducing the assessments as set forth in the confirmed assessment roll for S.A.D. No. 258, the revised assessments to be based upon an assessment rate of $38.78 per front foot rather than $41.50 per front foot; (b) To establish the final project cost at $245,307.49. Of this total , $190,242.24 is to be charged to the subject special assessment district (No. 258) and $55,065.25 is to be assumed by the City's Motor Vehicle Fund receipts; (c) To authorize the City Assessor to increase the assessments for parcels listed in Attachment III so as to include the cost of additional work requested by homeowners within the assessment district; and (d) To authorize an expenditure in the amount of $245,307.49 from the $7.9 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($190,242.24) and the next Motor Vehicle Highway Fund (M.V.H.F. ) Bond Issue ($55,065.25) #381-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 13, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the completion of the improvement of Hoy (Henry Ruff to Melvin), in accordance with Special Assessment Roll No. 259, the Council does hereby determine as follows: 22434 ime (a) To authorize reducing the assessments as set forth in the confirmed assessment roll for S.A.D. No. 259, the revised assessments to be based upon an assessment rate of $9.66 per front foot rather than $10.90 per front foot; (b) To establish the final project cost at $21 ,771 .21 . Of this total , $19,036.08 is to be charged to the subject special assessment district (No 259) and $2,735.13 is to be assumed by the City's Motor Vehicle Fund receipts, (c) To authorize the City Assessor to increase the assessments for parcels listed in Attachment III so as to include the cost of additional work requested by homeowners within the assessment district; and (d) To authorize an expenditure in the amount of $21 ,771 .21 from the $7.9 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($19,036.08) and the next Motor Vehicle Highway Fund (M.V.H.F. ) Bond ImoIssue ($2,735.13). #382-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 26, 1986, approved for submission by the Mayor, with regard to a request from the Wayne County Public Service Division that the City of Livonia take jurisdiction and control over a 12 inch storm sewer to be constructed by the owners of the Merriman Woods Apartments at their expense, within Merriman Road right-of-way, the Council does hereby determine as follows: (a) To advise the Wayne County Public Service Division (Permit Section) of the City's willingness to accept jurisdiction and maintenance of a 12 inch storm sewer (approximately 105 l .f. ) connection to the existing storm sewer system of the Spring Valley Subdivision within the Merriman Road Right-of-Way in connection with the development of the Merriman Woods Apartments, located on the east side of Merriman Road in the S.W 1/4 of Section 2, and (b) To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction. #383-86 RESOLVED, that having considered a report and recommendation 160 of the City Engineer dated April 7, 1986, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and the firm of 22435 Orchard, Hiltz and McCliment, wherein the said firm would provide consulting engineering services in connection with the Newburgh Road reconstruction and widening project, Plymouth to Ann Arbor Road, the cost of which engineering service is projected to be in the amount of $74,835.36, with the City of Livonia's 25% share being estimated to be in the amount of $19,000, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement in the manner and form herein submitted,as well as to do all other things necessary or incidental to the full performance of this resolution. #384-86 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated April 3, 1986, approved for submission by the Mayor, and which transmits Parks and Recreation Commission Resolution 1841-86 and to which are attached grant applications which are to be submitted to the Michigan Department of Natural Resources in the following categories: (a) Relocation and lighting of athletic fields at Bicentennial Park; (b) Construction of picnic shelters in various park sites; and (c) Construction of play structures in various park sites; the Council does hereby approve and formally endorse the said applications in the manner and form herein submitted. #385-86 RESOLVED, that having considered a communication from the City Clerk dated April 3, 1986 in connection with a request submitted by the Livonia Jaycees for a waiver of all fees involved with respect to the Annual Spring Carnival to be conducted by the Livonia Jaycees at Ladbroke DRC on May 21 through May 26, 1986, the Council does hereby concur in and approve of this request in the manner and form herein submitted. #386-86 RESOLVED, that having considered the report and recommendation of the City Attorney and the Director of Finance, dated March 21 , 1986, approved for submission by the Mayor, and approved by the Vice President of the Livonia Community Credit Union and the Presidents of Local 192, Local 1917, LFFU, LPOA, Lts. & Sgts. Association, the Municipal Confidential Secretaries Association, and approved for submission by the Mayor, the Council does hereby determine to approve the proposed Agreement in the manner and form herein submitted and does therefore authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said Agreement, and subject to receipt by the Department of Law of a letter from counsel for the Livonia Community Credit Union that the Plan is in conformity with the Internal Revenue Code. 22436 low #387-86 RESOLVED, that having considered a memorandum prepared by the Department of Law dated March 27, 1986 with regard to the regulation of adult movie theatres in view of the recent Supreme Court Case, City of Renton v Pla1time Theatres, Inc. , No. 84-1360, the Council does, in accordance with Section 2301 of Zoning Ordinance 543, as amended, request that the City Planning Commission conduct a public hearing and thereafter submit a report and recommendation on the question of whether or not an appropriate amendment to the Zoning Ordinance should be adopted which would regulate the operation of adult theatres within the City of Livonia. #388-86 RESOLVED, that having considered a communication from the Fire Chief dated March 26, 1986, which bears the signature of the Director of Finance, is approved for submission by the Mayor, wherein a request is submitted for an appropriation to purchase new equipment and tools by the use of funds which are still available in the 1968 Fire Department Bond Issue, the Council does hereby refer this item back to the Fire Chief for the submission of a new report and recommendation with respect to funding this request by the use of another appropriate source and/or account. #389-86 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, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the City's economy and to encourage the location and expansion of industrial and commercial enterprises to provide needed services and facilities to the City and its residents, and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation"); and WHEREAS, the Corporation in conformity with Act No. 338, Public Acts of Michigan, 1974, as amended ("Act No. 338"), has designated the hereinafter described Project Area for such a program to this Council for its approval thereof; and WHEREAS, it is also necessary for this Council to establish Project District Area boundaries; and WHEREAS, it is also necessary for this Council to approve the appointment of two Additional Directors to the Board of Directors of the Corporation pursuant to the provisions of Section 4(2) of Act No. 338; tww NOW, THEREFORE, BE IT RESOLVED THAT: 1 . This Council does hereby certify its approval of the Corporation's designation of the project area described in Exhibit A hereto attached. (Foodland Distributors) 22437 lbw 2. This Council does hereby establish as a Project District Area the property described in Exhibit B hereto attached. 3. This Council does hereby certify its approval of the individuals listed on Exhibit C as additional Directors of the Corporation to serve in conformity with the provisions of Section 4(2) of Act No. 338. 4. It is hereby determined that the requirements of Section 20 of Act No. 338 have been met and that the formation of a project citizens district council is not required. 5 The City Clerk be and is hereby directed to deliver a certified copy of this resolution to the Secretary of the Board of the Corporation. 6. 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 PROJECT AREA Part of the NE 1/4 Sec. 26 T1S R9E Beg. S 02° 00' 00" E 2549.57 ft. and N 72° 42' 35" W 145.15 ft. from the NE Cor. of Sec. 26 thence N 72° 42' 35" W 225.64 ft. thence S 87° 54' 03" W 2018.81 ft. thence S 72° 24' 13" W 289.26 ft. thence N 02° 28' 30" W 1182.29 ft. thence N 87° 52' 20" E 2597.24 ft. thence S 02° 00' 00" E 1232.67 ft. POB also part of the N 1/2 of the NE 1/4 Sec. 26 T1S R9E lying south of the S line of Industrial Rd. also that part of the E 700 ft. of the S 1/2 of the NW 1/4 of Section 26 measuring 1321 .70 ft. on the W line and 1321 .07 ft. on the E line of said parcel except the S 672.50 ft. thereof 86.19 AC. EXHIBIT B PROJECT DISTRICT AREA Part of the NE 1/4 Sec. 26 T1S R9E Beg. S 02° 00' 00" E 2549.57 ft. and N 72° 42' 35" W 145.15 ft. from the NE Cor. of Sec. 26 thence N 72° 42' 35" W 225.64 ft. thence S 87° 54' 03" W 2018.81 ft. thence S 72° 24' 13" W 289.26 ft. thence N 02° 28' 30" W 1182.29 ft. thence N 87° 52' 20" E 2597.24 ft. thence S 02° 00' 00" E 1232.67 ft. POB also part of the N 1/2 of the NE 1/4 Sec. 26 T1S R9E lying south of the S line of Industrial Rd. also that part of the E 700 ft. of the S 1/2 of the NW 1/4 of Section 26 measuring 1321 .70 ft. on the W line and 1321 .07 ft. on the E line of said parcel except the S 672.50 ft. thereof 86.19 AC. EXHIBIT C ADDITIONAL DIRECTORS 22438 1 . Hilary Gross 30984 Industrial Drive Livonia, Michigan 48150 2. James Riley 14000 Middlebelt Livonia, Michigan 48154 #390-86 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Peter A. Basile Sons, Inc. , dated February 19, 1986, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 31 , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows. 1 . The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended. 2. The City Clerk shall contact each of the affected taxing units and, (i ) indicate the Council 's interest in this matter, and (ii ) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii ) advise the said taxing units of this Council 's desire to hold a hearing on this Application on Monday, May 19, 1986, at 8:00 P.M. at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan. 3. The Council hereby sets Monday, May 19, 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 said Application. #391-86 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 No. 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, May 19, 1986 at 8:00 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: iftio (1 ) Petition 86-2-6-1 , submitted by the City Planning Commission to amend Section 18.47 of Zoning Ordinance 543 by incorporating property located along the I-275 corridor area between Six and Eight Mile Roads and Haggerty 1 22439 and Newburgh Roads, within the control zone area, the City Planning Commission in its resolution 3-70-86 having recommended to the City Council that Petition 86-2-6-1 be approved; (2) Petition 86-2-1-10, submitted by the Livonia Mall for a change of zoning of property located South of St. Martins between Middlebelt Road and Purlingbrook in the Southeast 1/4 of Section 2 from RUFA and P to P and C-2, the City Planning Commission in its resolution 4-84-86 having recommended to the City Council that Petition 85-2-1-10 be approved, (3) Petition 86-3-1-11 , submitted by Lidia Veri for a change of zoning of property located on the West side of Gill Road, South of Eight Mile Road in the Northwest 1/4 of Section 4 from RUFB to R-3B, the City Planning Commission in its resolution 4-86-86 having recommended to the City Council that Petition 86-3-1-11 be approved, (4) Petition 86-3-1-12 by Lidia Veri to rezone property located on the North side of Seven Mile Road, East of Farmington Road in the Southwest 1/4 of Section 3 from R-3A to C-1 and R-7 and R-7 to C-1 , the City Planning Commission in its resolution 4-88-86 having recommended to the City Council that petition 86-3-1-12 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 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. #392-86 WHEREAS, there exists in the City of Livonia (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to revitalize the City's economy, and to assist 22440 Imp 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 has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation"); and WHEREAS, the Corporation in conformity with Act No. 338, Public Acts of Michigan, 1974, as amended ("Act No. 338"), and the Internal Revenue Code of 1954, as amended, as amended, has prepared and submitted a project plan (the "Project Plan") , involving a office and health clinic project to be undertaken on behalf of Roger M. Ajluni and Rosette Ajluni (the "Project"), and WHEREAS, pursuant to Act 338 it is necessary to hold a public hearing concerning the Project, the Project Plan and the bonds proposed therein to be issued by the Corporation (the "Bonds"), prior to taking legislative action relating to it; NOW, THEREFORE, BE IT RESOLVED: 1 . Pursuant to the aforesaid Act 338 the Council shall meet on May 19, 1986, at 8:00 o'clock p.m. , at which time it shall conduct a public hearing on the Corporation's submission of the 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) conspicious 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. 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 A PROJECT PLAN AND THE ISSUANCE OF THE BONDS PROPOSED THEREIN AS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF LIVONIA ibm BY THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF LIVONIA FOR AJLUNI PROJECT 22441 imiPLEASE 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 a project plan to the City Council for its approval . Said project plan deals with the construction and equipping of a 52,780 square foot three story medical/office building to be owned and used by Roger M. Ajluni and Rosette Ajluni and to be located on a project area or site described as follows: Land in the City of Livonia, County of Wayne and State of Michigan, to-wit: The N 1/2 of the N 1/2 of the N W 1/4 of the S.W. 1/4 of Sec. 10 T1S R9E excluding the E 945.70 ft. thereof, also exc. the S 174 ft. thereof, also except the W 60 ft. thereof, also exc the N 43 ft. of the E 40 ft. of the W 100 ft. thereof - 1 .13 acres, also being known as 17900 Farmington Road, Livonia, Michigan. Said 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 project. Said 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 8 o' clock p.m. , May 19, 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 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 project plan and the 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 project plan, and the bonds proposed to be issued Written comments may also be submitted to the City Clerk prior to said hearing. ihmCity Clerk 22442 The Council does hereby determine that the foregoing form of 160no4. tice 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. 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded A roll call vote was taken on the foregoing resolutions with the following result: AYES• Ochala, McCotter, Feenstra, McCann, Taylor, Bennett, Bishop. NAYS: None. On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #393-86 RESOLVED, that having considered a letter from the Superintendent of Parks and Recreation dated March 26, 1986, approved for submission by the Mayor and which submits a request from the Livonia Anniversary Committee, Inc. in connection with the 1986 Spree "36" Anniversary Celebration, the Council does hereby determine that the following City streets shall be closed to traffic from 8:00 A.M. , June 23, 1986 through 12.00 Noon on June 30, 1986. Stark Road from the Family Y, 14255 Stark to Lyndon, and Lyndon from Farmington Road to Stark Road, and the Police Department and the Department of Public Works are hereby requested to do all things necessary or incidental to the full performance of this resolution (with particular attention to preventing undue disruption in the Stoneleigh Village Subdivision). On a motion by Councilman Bennett, seconded by Councilman Ochala, and unanimously adopted, it was #394-86 RESOLVED, that having considered 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 refer this item to the Committee of the Whole for its report and recommendation. zaf. � 22443 On a motion by Councilwoman McCotter, seconded by Councilman Bennett, Iwo and unanimously adopted, it was #395-86 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated April 16, 1986 and submitted pursuant to Council Resolution 152-83 with regard to a proposed land exchange between the City of Livonia and the Livonia Public Schools School District involving certain properties located near Stevenson High School , 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 #396-86 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated April 16, 1986 and submitted pursuant to Council Resolution 326-84 in connection with a communication from the City Engineer dated March 28, 1984, which bears the signature of the Director of Finance and is approved for submission by the Mayor and to which is attached a special assessment report for the proposed improvement of Fitzgerald Avenue, North of Seven Mile Road, the Council does hereby refer this item back to the City Engineer in order to update the prior report on the basis of a proposed Alternate III improvement so that a public hearing may thereafter be conducted to determine Necessity. On a motion by Councilwoman McCotter, seconded by Councilman Taylor, and unanimously adopted, it was #397-86 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated April 16, 1986 and submitted pursuant to Council Resolution 782-84 in connection with a communication from the City Engineer dated August 24, 1984, approved for submission by the Mayor, to which is attached a letter from the Planning Director dated August 21 , 1984, and submitted pursuant to Council Resolution 287-84 in connection with a letter from Ralph Puccio, 32920 Rayburn, Livonia, Michigan and Richard Cumbo, 32954 Rayburn, Livonia, Michigan, dated March 27, 1984, requesting a street improvement on Rayburn between Woodring and Loveland, the Council does hereby refer this matter back to the City Engineer for inclusion in a report which encompasses other petitions which have been received seeking this road improvement. On a motion by Councilwoman McCotter, seconded by Councilman Bennett, it was #398-86 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated 22444 April 16, 1986 and submitted pursuant to Council Resolution 884-84 in connection with a communication from the Traffic Commission dated October 2, 1984, which transmits its resolution 44-84 wherein the Commission did deny a request for "No Parking" signage along the west side of Norman St. between Allen and Ross, the Council does hereby request that the Chief of Police install , on a temporary 90-day basis, "No Parking" signs on the West side of Norman Street from 50 feet North of Allen to 50 feet South of Ross; further, the Council does hereby request that the Traffic Commission submit a report and recommendation on the question of whether or not the foregoing temporary regulation should be established on a permanent basis. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ochala, McCotter, Feenstra, Taylor, Bennett, Bishop. NAYS: McCann. The President declared the resolution adopted. On a resolution by Councilwoman McCotter, seconded by Councilman Bennett, Lo and unanimously adopted, it was 1399-86 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated April 16, 1986 and submitted pursuant to Council Resolution 79-85 in connection with the report and recommendation of the City Engineer dated December 19, 1984, approved for submission by the Mayor, to which is attached a copy of a letter dated December 3, 1984, from the Engineer of Maintenance for the Wayne County Road Commission with regard to the proposed installation of a traffic signal at the intersection of Farmington and Fargo, the Council does hereby determine as follows• 1 . Request that the Wayne County Office of Public Service install a traffic signal light at the intersection of Farmington Road and Fargo, 2. Request that the Police Department pay particular attention in its patrolling of Farmington Road between Seven Mile and Eight Mile Roads with respect to speeding violations; 3. The Engineering Department is directed to request Wayne County reduce the speed limit on Farmington Road from 45 MPH to 40 MPH; and 4. The Engineering and Planning Departments are requested to submit a report and recommendation on the feasibility and advisability of connecting Fargo to Shadyside, east of Farmington Road. 22445 110 On a motion by Councilwoman McCotter, seconded by Councilman Feenstra, and unanimously adopted, it was #400-86 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated April 16, 1986 and submitted pursuant to Council Resolution 114-85 in connection with the report and recommendation of the City Engineer dated January 24, 1985, approved for submission by the Mayor and submitted pursuant to Council Resolution 737-84 in connection with a petition submitted by certain residents on Flamingo, received by the office of the City Clerk on August 24, 1984, wherein certain complaints are submitted in connection with the resurfacing of Flamingo, between Lyndon and Nye, the Council does hereby determine to take no further action. On a motion by Councilwoman McCotter, seconded by Councilman Ochala, it was RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated April 16, 1986 and submitted pursuant to Council Resolution 851-85 in connection with a communication from the City Planning Commission dated September 4, 1985, which transmits its resolution 8-191-85, adopted on August 27, 1985, in connection with Petition 85-7-3-6 submitted by the City Planning Commission on its own motion to vacate Priscilla Lane, North of Plymouth Road, West of Stark Road, in the Southwest 1/4 of Section 28, the Council does hereby reject the recommendation of the City Planning Commission and does grant and approve the said Petition 85-7-3-6; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ochala, Bennett, Bishop. NAYS. McCotter, Feenstra, McCann, Taylor The President declared the resolution denied. On a motion by Councilman Bennett, seconded by Councilwoman McCotter, L. and unanimously adopted, it was #401-86 RESOLVED, that the Traffic Commission take action to install additional traffic controls regarding turning movement 22446 lbw on Priscilla Lane with no left turn from Westbound Boston Post to Southbound Priscilla Lane and no right turn from Northbound Priscilla Lane to Eastbound Boston Post. On a motion by Councilwoman McCotter, seconded by Councilman Feenstra, and unanimously adopted, it was 0402-86 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated April 16, 1986 and submitted pursuant to Council Resolution 968-85 in connection with a communication from the City Engineer dated October 14, 1985, with regard to the procedure used to determine Necessity for more than one alternate type of road improvement in connection with special assessment paving projects, the Council does hereby determine to take no further action. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO. (Petition 85-8-1-21 ) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ochala, McCotter, Feenstra, McCann, Taylor, Bennett, 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 GRANTING TO CONSUMERS POWER COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, POWER AND AUTHORITY TO LAY, MAINTAIN AND OPERATE im. GAS MAINS, PIPES AND SERVICES ON, ALONG, ACROSS AND UNDER THE HIGHWAYS, STREETS, ALLEYS, BRIDGES AND OTHER PUBLIC PLACES, AND TO DO A LOCAL 22447 GAS BUSINESS IN THE CITY OF LIVONIA, WAYNE COUNTY, MICHIGAN. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ochala, McCotter, Feenstra, McCann, Taylor, Bennett, 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 6 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 85-9-1-29) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the 111. 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 McCann, seconded by Councilman Feenstra, it was #403-86 RESOLVED, that having the report and recommendation of the City Engineer dated April 3, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Caverly Contractors Inc. , 4915 Inkster Road, Bloomfield, Michigan 48013, for the construction of the proposed 18 hole Whispering Willows South Golf Course, for the estimated total cost of $902,837, based upon the Engineering Department' s estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the second lowest bid received for this item; and the Council does hereby approve of the request of the low bidder, Gerlach Landscaping and Grading, iftw Inc. to withdraw their bid and does authorize the return of their bid surety, the action herein being taken for the reasons indicated in the aforesaid communication; further, the Council does hereby 22448 im. appropriate and authorize the expenditure of a sun not to exceed $902,837 from the proceeds of Building Authority Bonds which were sold with respect to this project, subject to approval by the City's Building Authority; and the City Engineer is hereby authorized to approve minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, McCotter, Feenstra, McCann, Taylor, Bennett, Bishop NAYS: None. On a motion by Councilman Taylor, seconded by Councilman McCann, it was #404-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated April 2, 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 Sprinkler Services Company, 30105 W. Eight Mile Road, Livonia, Michigan 48152, for the construction and installation of an Automatic Irrigation System for the proposed Whispering Willows South Golf Course for the price of $169,645, the same having been in fact the lowest bid received for this item; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $169,645 from the proceeds of Building Authority Bonds which were sold for this project, subject to approval of the City's Building Authority; and the City Engineer is hereby authorized to approve minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, McCotter, Feenstra, McCann, Taylor, Bennett, Bishop. NAYS: None. On a motion by Councilman Bennett, seconded by Councilman Feenstra, it im, was , 22449 #405-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated April 2, 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 Michigan Fence Company, 41124 Mound Road, Sterling Heights, Michigan 48078, for the installation of a Chain Link Fence Enclosure at the Whispering Willows South Golf Course on the basis of bid prices for both the base bid and the deductive alternative in a net total amount of $51 ,261 .25, the same having been in fact the lowest bid received for this item, and the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $51 ,261 .25 from the proceeds of Building Authority Bonds which were sold for this project, subject to approval by the City's Building Authority; and the City Engineer is hereby authorized to approve minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, McCotter, Feenstra, McCann, Taylor, Bennett, Bishop. NAYS: None. On a motion by Councilman McCann, seconded by Councilman Taylor, it was #406-86 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 18, 1986, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the employment of the firm of Orchard, Hiltz and McCliment, to provide survey services in connection with the construction of the Whispering Willows South Golf Course, such services to be paid for at the rate of $85 per hour; and the Council does hereby appropriate and authorize the expenditure of a sun not to exceed $25,500 from the proceeds of Building Authority Bonds which were sold for this project, subject to approval by the City's Building Authority; further, the Council does hereby authorize the said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3.04.140 D. 2 and 5 of the Livonia Code of Ordinances, as amended. ift. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, McCotter, McCann, Taylor, Bennett, Bishop. 22450 NAYS: Feenstra. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #407-86 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Chairman of the Water and Sewer Board dated April 3, 1986, approved for submission by the Mayor and submitted pursuant to Council Resolution 225-86 with regard to a request to extend a public water main to provide water service to residents on St. Martins, West of Newburgh, and wherein it is recommended that the petitioners' request be denied, the Council does hereby reject the aforesaid recommendation and refer this item to the Engineering Department for the preparation of plans and specifications required to take competitive bids in order to proceed with the construction of this project. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #408-86 RESOLVED, that having considered 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 No. 2572 submitted by Joe's Produce to erect a new wall sign on a building located at 33151 Seven Mile Road, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #409-86 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated March 17, 1986 and the report and recommendation of the Chief of Police dated March 31 , 1986 in connection therewith, the Council does hereby approve of the request from Najwa J. Hillawi for a transfer of ownership of a 1985 SDM Licensed Business from Maria Perri for a business located at 20430 Farmington, Livonia, Michigan 48152, 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 Taylor, seconded by Councilman Bennett, and 22451 lbw unanimously adopted, it was #410-86 RESOLVED, that having considered a communication from the officers and directors of the Livonia Heart Fund, dated March 31 , 1986, regarding the Annual Livonia Heart Fund Golf Outing scheduled to be conducted on September 10, 1986 at the Whispering Willows Municipal Golf Course, and the Second Annual Las Vegas Nites on June 27th and June 28th, 1986 at Roma's of Livonia, the Council does hereby determine the Livonia Heart Fund to be a recognized and worthy non-profit organization in the community, further, the Council does hereby authorize the closing of the aforesaid golf course on September 10, 1986 to the public for the purpose of conducting the subject golf outing, further, the Council does hereby authorize the waiving of all greens fees and charges for those participating in this event and requests that the Golf Pro and the Superintendent of Parks and Recreation do all things necessary or incidental to the full performance of this resolution. On a motion by Councilman Ochala, seconded by Councilman Bennett, and unanimously adopted, it was #411-86 RESOLVED, that the Council does hereby request that the Office of the Mayor submit a report and recommendation on the extent and costs involved to provide City services in support of the Annual Livonia Heart Fund Golf Outing at Whispering Willows Municipal Golf Course. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #412-86 RESOLVED, that having considered a comrunication from the City Planning Commission dated March 11 , 1986, which transmits its resolution 2-39-86 adopted on February 18, 1986 with regard to Petition 85-9-2-40, submitted by John Gargaro, requesting waiver use approval to locate a general use office building on the North side of Schoolcraft, West of Newburgh Road in the Southeast 1/4 of Section 19, which property is zoned P.S. , the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 85-9-2-40 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Comrission, as well as the additional condition that all such medical and/or dental facilities as may be located in this building shall be required to provide internal compaction and internal storage of trash and debris. t 22452 On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #413-86 RESOLVED, that having considered a communication from the City Planning Commission dated April 14, 1986, which transmits its resolution 3-78-86 adopted on March 18, 1986 with regard to Petition 85-10-8-22 submitted by John Gargaro/J. Anthony requesting site plan approval in connection with a proposal to construct an office building on the North side of Schoolcraft between Newburgh Road and Richfield Avenue in Section 19, pursuant to the provisions set forth in Section 18.58 of Ordinance No. 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 85-10-8-22 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission, as well as the additional condition that all such medical and/or dental facilities as may be located in this building shall be required to provide internal compaction and internal storage of trash and debris. On a motion by Councilman Bennett, seconded by Councilman Ochala, and 160 unanimously adopted, it was #414-86 RESOLVED, that having considered a communication from the City Planning Commission dated April 2, 1986, which transmits its resolution 3-64-86 adopted on March 18, 1986, with regard to Petition 86-1-2-6, submitted by Hart & Leidal , requesting waiver use approval for general office uses within a building proposed to be located on the Northwest corner of Schoolcraft and Ellen Drive in the Southwest 1/4 of Section 21, which property is zoned PS, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 86-1-2-6 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission as well as the additional condition that outside storage of trash and debris shall be enclosed with a roof and that such medical and/or dental uses as may be located within this building shall be required to provide internal compaction and storage of trash and debris (and condition 6 of the site plan approval of the Planning Commission is hereby deleted). On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was 22453 #415-86 RESOLVED, that having considered a comiunication from the City Planning Comrission dated April 2, 1986 which transmits its resolution 3-69-86 adopted on March 18, 1986 with regard to Petition 86-2-3-1 , submitted pursuant to Council Resolution 128-86, requesting the vacating of the portion of Pembroke Avenue lying North of Lots 1 and 72 of Fitzgerald Gardens Subdivision in the Southwest 1/4 of Section 5, the Council does hereby concur in the recommendation of the City Planning Commission and deny Petition 86-2-3-1 for the same reasons as those set forth in the aforesaid action of the Planning Commission. On a motion by Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #416-86 RESOLVED, that having considered a communication from the City Planning Commission dated April 2, 1986, which transmits its resolution 3-73-86 adopted on March 18, 1986 with regard to Petition 72-7-8-12 submitted by Robert L. Zeigelman, requesting site plan approval in connection with the conversion of a tennis facility located on the East side of Newburgh Road, North of Six Mile Road, in Section 8, to an office use, pursuant to the provisions in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 72-7-8-12 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission, as well as the additional condition that there shall be no outside storage of trash and debris and that said facility shall provide for internal storage of trash and debris. On a motion by Councilman Ochala, seconded by Councilman Feenstra, it was RESOLVED, that having considered a communication from the City Planning Commission dated April 3, 1986, which transmits its resolution 3-77-86 adopted on March 18, 1986 with regard to Petition 86-3-8-13 submitted by Robert Roland Bryce, requesting site plan approval in connection with a proposal to construct multi-family dwellings and housing for the elderly on the North side of Seven Mile Road, East of Shadyside in Section 3, pursuant to Section 8.02 of Ordinance No. 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 86-3-8-13 is hereby approved and granted based on the site plan dated March 8, 1986 with the following additional irm conditions: 1 . Before any building permits are issued, a detailed landscape plan shall be submitted for review and approval by the City Planning Commission and the City Council . 22454 2. That within the portion of the subject site area proposed for the Senior Citizen housing car ports shall be used to cover the proposed parking on the East as well as on the West side of the proposed buildings. 3. That the outdoor trash enclosure shall be relocated from the East side of the subject Senior Citizen site area to the West side. On a motion by Councilman Taylor, seconded by Councilman McCann, it was #417-86 RESOLVED, that having considered a communication from the City Planning Commission dated April 3, 1986, which transmits its resolution 3-77-86 adopted on March 18, 1986 with regard to Petition 86-3-8-13 submitted by Robert Roland Bryce, requesting site plan approval in connection with a proposal to construct multi-family dwellings and housing for the elderly on the North side of Seven Mile Road, East of Shadyside in Section 3, pursuant to Section 8.02 of Ordinance No. 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 86-3-8-13 is hereby approved and this approval is for revised site plan dated March 8, 1986 as prepared by Calvin Hall and Associates for Phase I only and with the following lio additional condition: that before any building permits are issued, a detailed landscape plan shall be submitted for review and approval by the City Planning Commission and the City Council . A roll call vote was taken on the substitute resolution with the following result: AYES: McCotter, McCann, Taylor, Bennett, Bishop. NAYS: Ochala, Feenstra. The President declared the substitute resolution adopted. On a motion by Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #418-86 RESOLVED, that having considered the report and recommendation of the Director of Finance dated April 8, 1986, approved for submission by the Mayor, to which are attached the following agreements for a twelve (12) month extension for the period ending June 30, 1986, in connection with the subsidized transportation program for the handicapped and senior citizens in the communities of Livonia, Northville, Plymouth, Northville Township, Plymouth Township, Farmington and Farmington Hills: ims Agreement between the City of Livonia and Northwest Transport Co. ; 22455 Agreement between the City of Livonia and Southeastern Michigan Transportation Authority; the Council does hereby approve these agreements and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreements, subject to approval as to form by the Department of Law, as well as 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, it was #419-86 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 3, 1986 on all matters required by Section 3.08.060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on April 7, 1986, after due notice as required by Section 3.08.070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section Iwo 3.08.080 of said Code: (1 ) accept and approve said statement in all respects; (2) determine to make the road improvement on Melvin Avenue, Seven Mile to Curtis, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated February 3, 1986; (4) determine that the estimated cost of such improvement is $251,106.47; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City based on the City assuming 20% of the paving costs and 100% of the drainage costs shall be $75,047. 54 and that the balance of said cost and expense of said public improvement amounting to $176,058.93 shall be borne and paid by special assessments on all lands and premises 22456 in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district in Section 11 , T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as containing the following property. Lots 19, 54, 55, 56, 90, 91 , 92, 127, 128, 129, 162, 163 and 164 of Sunset Hills Subdivision and Bureau of Taxation Parcel Number 11C3a, 11C4a, 11C5al , 11C5a2,11C6al , 1106a2, 11C7al , 11C7a2, 11C8ala, 11C8alb, 11C8a2, 11C9a1 ,11ClOal , 11C10a2, 11Cllal , 11C11a2, 11C12al , 11C12a2, 11C13al , 11C13a2, 11C14a, 11C15al , 11C15a2a, 11C15a2b, 11C16al , 11C16a2, 11Al2b,Bla, 11B1b, 11B2ala, 11B2albl , 11B2alb2 and 11B2a2. lip (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council ; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08.100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 3.08.110 of the said Code. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, McCotter, Feenstra, McCann, Taylor, Bennett, Bishop. ir. NAYS: None. 22457 LotOn a motion by Councilman Ochala, it was RESOLVED, that having considered a communication from the City Planning Commission dated February 19, 1986, which sets forth its resolution 2-40-86 adopted on February 18, 1986, with regard to Petition 85-12-2-48 submitted by Home & Hospital , Inc. requesting waiver use approval to utilize an SDM License within a drug store located in the Civic Center Plaza on the South side of Five Mile Road, West of Farmington Road in Section 21 , which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on April 7, 1986, pursuant to Council Resolution 190-86, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 85-12-2-48 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission. The foregoing motion failed for lack of support On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #420-86 RESOLVED, that having considered a communication from the City Planning Commission dated February 19, 1986, which sets Iwoforth its resolution 2-40-86 adopted on February 18, 1986, with regard to Petition 85-12-2-48 submitted by Home & Hospital , Inc. requesting waiver use approval to utilize an SDM License within a drug store located in the Civic Center Plaza on the South side of Five Mile Road, West of Farmington Road in Section 21 , which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on April 7, 1986, pursuant to Council Resolution 190-86, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 85-12-2-48 is hereby approved and granted, the approval herein being made subject to, and conditioned upon, window signage being limited to 16 square feet. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCotter, Feenstra, McCann, Taylor, Bennett. NAYS: Ochala and Bishop The President declared the resolution adopted. On a motion by Councilman Bennett, seconded by Councilman Feenstra, it Las #421-86 RESOLVED, that having considered a communication from the City Planning Commission, dated February 28, 1986, which sets 22458 forth its resolution 2-42-86 adopted on February 18, 1986, with irof regard to Petition 86-1-2-2 submitted by Nazar and Emod Mesi requesting waiver use approval to utilize an SDM License within an existing party store located on the Northeast corner of Joy Road and Cardwell Avenue in the Southeast 1/4 of Section 36, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on April 7, 1986, pursuant to Council Resolution 237-86, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 86-1-2-2 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES McCotter, Feenstra, Taylor, Bennett, Bishop. NAYS: Ochala, McCann. The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilwoman McCotter, it was #422-86 RESOLVED, that having considered a communication from the City Planning Commission, dated February 28, 1986, which sets forth its resolution 2-43-86 adopted on February 18, 1986, with regard to Petition 86-1-2-3 submitted by John Carney requesting waiver use approval to utilize an SDM License within a building proposed to be constructed on the South side of Plymouth Road between Jarvis and Newburgh Road in the Southeast 1/4 of Section 30, which property is zoned C-1 , and the Council having conducted a public hearing with regard to this matter on April 7, 1986, pursuant to Council Resolution 238-86, 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 foregoing resolution with the following result: AYES: Ochala, McCotter, Feenstra, McCann. NAYS: Taylor, Bennett, Bishop. The President declared the resolution adopted. On a motion by Councilman McCann, seconded by Councilman Feenstra, it ibm was 22459 #423-86 WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia; and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia comprised of an area of approximately 2.94 acres, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No. 36"; WHEREAS, written notice has been given by certified mail to Tooling & Equipment International of the Council 's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No. 36; and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No. 36; and 160 WHEREAS, on April 7, 1986 a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No. 36, at which time Tooling & Equipment International and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council ), and a representative of Tooling & Equipment International attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS: 1 . An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto. 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No. 36." EXHIBIT A That part of the S.E. 1/4 of Sec. 28, T. 1S. , R. 9E, City of Livonia, Wayne County, Michigan described as: Beginning at the N.E. corner of Lot 119 ALDEN VILLAGE, as recorded in Liber 66 of Plats, Page 78, Wayne County Records and proceeding thence S. 15° 03' 10" W. along the East line of said subdivision 174.18 22460 feet; thence S. 88° 20' 40" E. , 776.94 feet, thence N. 0° 39' Iwo E. , 169.47 feet; thence N. 88° 20' 40" W. , 733.60 feet to the point of beginning. Parcel contains 2.94 acres, more or less. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCotter, Feenstra, McCann, Taylor, Bennett, Bishop. NAYS: Ochala. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was 1424-86 WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia; and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia comprised of an area of approximately 1 .12 acres, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No. 35"; and WHEREAS, written notice has been given by certified mail to Applied Process, Inc. of the Council 's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No. 35; and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No. 35; and WHEREAS, on April 7, 1986 a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No. 35, at which time Applied Process, Inc. and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council ), and a representative of Applied Process, Inc. attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS: 1 . An Industrial Development District is hereby established, ib. such district to consist of the area described in Exhibit A, attached hereto. 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No. 35." 22461 EXHIBIT A Lots 1 thru 5, Woodlands Village subdivision, as recorded Liber 69, Page 3, Wayne County, Records, said plat being a part of the S.W. 1/4 of section 29, T. 1 S. , R. 9E. , City of Livonia, Wayne County, MI A roll call vote was taken on the foregoing resolution with the following result: AYES: McCotter, Feenstra, McCann, Taylor, Bennett, Bishop. NAYS: Ochala. The President declared the resolution adopted. On a resolution by Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #425-86 RESOLVED, that having considered a communication from the Department of Law, dated April 14, 1986, submitted pursuant to Council Resolution 462-85, transmitting for Council acceptance a quit claim deed dated March 31 , 1986, executed by Anthony James Kriss, aka Anthony Krzyzanowski , Jr. , aka Anthony Kriss, a single man, conveying to the City certain property described as follows: South 60 feet of West 50.0 feet of the East 898.0 feet of the South 158.50 feet of the East 100 acres of the Southeast 1/4 of Section 6, City of Livonia, Wayne County, Michigan. the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid quit claim deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #426-86 RESOLVED, that having considered a communication from the Director of Finance dated April 15, 1986, approved for submission by the Mayor, with regard to proposals which have been solicited relative to the issuance of tax anticipation notes in connection with school summer tax bills, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. 22462 liwOn a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #427-86 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 Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was /428-86 WHEREAS, pursuant to the direction of the City Council in its resolution 155-86, adopted on February 10, 1986, and in accordance with Section 3.08.100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of April 14, 1986 an assessment roll April 14, 1986 for the proposed street improvement in Alden Village Subdivision consisting of placing approximately 4" of asphalt on the existing roadways (Alternate IV), containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 155-86. THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council ; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice required by the provisions of Section 3.08.110 of the Livonia Code of Ordinances, as amended, to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet Monday, May 19, 1986 at 8.00 P.M. in the City Hall , 33000 Civic Center Drive, Livonia, Michigan to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard; It is further resolved, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of May 19, 1986; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. 22463 On a motion by Councilman McCann, seconded by Councilman Bennett, and Iwo unanimously adopted, this 1078th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:40 P.M. , April 23, 1986. wiPelleleitgt4.44- Robert F. Nash, City Clerk iws