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HomeMy WebLinkAboutCOUNCIL MINUTES 1985-06-05 21694 I. MINUTES OF THE ONE THOUSAND AND FIFTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 5, 1985, 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 approximately 8:00 p.m. Councilwoman Gundersen delivered the invocation. Roll was called with the following result: Robert R. Bishop, Alice Gundersen, Gerald Taylor, Peter A. Ventura, Robert E. McCann and Fernon P. Feenstra. Absent: Robert D. Bennett*. Elected and appointed officials present. Edward H. McNamara, Mayor, Robert F. Nash, City Clerk; Harry Tatigian, City Attorney, Jack Dodge, Director of Finance; Edith Davis, Personnel Director, Robert Smith, Chief Librarian; William E. Crayk, hief of Police; Gary Clark, Assistant City Engineer, Ronald R. Reinke, Superintendent liw : Parks and Recreation, Marilyn Kazmer, Director of the Department of Legislative Affairs; Ralph Bakewell , Planner IV and David Katz, Administrative Assistant to the Mayor. By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #448-85 RESOLVED, that the minutes of the 1 ,055th Regular Meeting of the Council of the City of Livonia, held May 22, 1985, are hereby approved. On a motion unanimously introduced, supported and adopted, it was 1449-85 WHEREAS, Senior Citizen Achievement Needs (S.C.A.N. ) is a non-profit organization comprised of devoted senior citizens who provide assistance to other senior citizens; and WHEREAS, many senior citizens do not drive or own automobiles because of health, economic or other reasons and therefore must rely on others to help them with their necessary Ltrips to the grocery, shopping malls, banks, hospitals, physicians' offices and the like; and 21695 WHEREAS, lack of transportation in today's mobile society can be a tremendous handicap and contributes to feelings of isolation and lost of independence; and WHEREAS, S.C.A.N. has donated a total of three vehicles to the City of Livonia, most recently a new 1985 sixteen passenger Chevrolet bus, to be used in connection with the senior citizen bus program; and WHEREAS, it is fitting that the efforts of S.C.A.N. be given appropriate recognition, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia does hereby take this means to commend the members of S.C.A.N. for their generous contributions and dedication to the senior citizen bus program and to extend the appreciation of a grateful community. The following resolutions were offered by Councilman Feenstra, and seconded by Councilwoman Gundersen: #450-85 RESOLVED, that having considered a letter dated May 9, 1985 from Mrs. Karen Pasquali , 38845 Reo Drive, Livonia, Michigan 48154, requesting permission to close Reo Drive, between Quakertown and Penn, on June 30, 1985, between 1 :00 P.M. and 10:00 P.M. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, July 14, 1985, in the event of inclement weather, the action herein being made subject to approval of the Police Department. #451-85 RESOLVED, that having considered a letter from the Coordinator of the Livonia Fine Arts and Crafts Festival dated May 1 , 1985, which bears the signature of the Director of Community Resources, is approved by the Director of Finance and is approved for submission by the Mayor, wherein a request is submitted for a waiver of license fees prescribed by ordinance for exhibitors at the 9th Annual Fine Arts and Crafts Festival sponsored by the Livonia Arts Commission, which is scheduled to take place on June 22 and 23, 1985 at the Civic Center Park and its surrounding grounds, the Council does hereby approve and grant this request; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #452-85 RESOLVED, that having considered a communication from the Mayor, dated May 10, 1985, wherein it is indicated that Mr. Hazen Wilson, 18256 University Park Drive, Livonia, Michigan 48152, has been reappointed to the Board of Directors of the Economic Development Corporation of the City of Livonia, for a six year 21696 Iketerm expiring June 7, 1991 , the Council does hereby approve of and concur in the aforesaid action, provided that the aforesaid person takes the Oath of office as required in Section 3, Chapter X of the City Charter, to be administered by the Office of the City Clerk. #453-85 RESOLVED, that having considered a communication from the Mayor, dated May 10, 1985, wherein it is indicated that Mr. Alan C. Helmkamp, 16832 Newburgh Road, Livonia, Michigan 48154, has been reappointed to the Board of Directors of the Economic Development Corporation of the City of Livonia, for a six year term expiring June 7, 1991 , the Council does hereby approve of and concur in the aforesaid action, provided that the aforesaid person takes the Oath of office as required in Section 3, Chapter X of the City Charter, to be administered by the Office of the City Clerk. #454-85 RESOLVED, that having considered a communication from the Mayor, dated May 10, 1985, wherein it is indicated that Mr. Kenneth Hale, 15195 Farmington, Suite A-1 , Livonia, Michigan 48154, has been reappointed to the Board of Directors of the Economic Development Corporation of the City of Livonia, for a six year term expiring June 7, 1991 , the Council does hereby approve of and concur in the aforesaid action, provided that the aforesaid person takes the Oath of office as required in Section 3, Chapter X of the City Charter, to be administered by the Office of the City Clerk. #455-85 RESOLVED, that having considered a communication from the Mayor, dated May 10, 1985, the Council does hereby approve of and concur in the reappointment of Mr. Michael Duggan, 12360 Arcola, Livonia, Michigan, to the City Planning Commission, for a term of three years, which will expire on June 9, 1988, provided that Mr. Duggan takes the oath of office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk. #456-85 RESOLVED, that having considered a communication from the Mayor, dated May 10, 1985, the Council does hereby approve of and concur in the reappointment of Mrs. Donna Naidow, 29814 Richland, Livonia, Michigan, to the City Planning Commission, for a term of three years, which will expire on June 9, 1988, provided that Mrs. Naidow takes the oath of office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk. #457-85 RESOLVED, that having considered a communication from the Mayor, dated May 10, 1985, the Council does hereby approve of and concur in the appointment of Michael P. Soranno, 39198 Stacy, Livonia, Michigan 48154, to the City Planning Commission, for a term of three years, which will expire on June 9, 1988, provided that Mr. Soranno takes the oath of office as required 21697 in Section 2, Chapter X of the City Charter to be administered by the City Clerk. #458-85 RESOLVED, that having considered the report and recommendation of the Director of Finance dated May 10, 1985, approved for submission by the Mayor, to which are attached invoice numbers 1133 and 1146 from Kamp DiComo Associates, P.C. for architectural services rendered for the proposed new library, in the sum of $10,440, the Council does hereby appropriate as an advance and authorize the expenditure of the sum of $10,440 from the Unexpended Fund Balance Account of the General Fund, based upon the condition that the foregoing fund is to be reimbursed from funds received from the levy of special library millage. #459-85 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Finance, dated May 16, 1985, approved by the City Attorney and approved for submission by the Mayor, the Council does hereby request that the Office of the Wayne County Drain Commissioner and the Drainage Boards for Livonia Drain No. 2 Branches, Livonia Drain No. 19 Extension, Livonia Drain No. 22 Branches, Livonia Drain No. 22 Branches and Extension, Livonia Drain No. 26, the Bakewell Drain, Livonia Drain No. 29 Branches, Farmington Relief Drain Extension No. 1 , Livonia Drain No. 5 Branches, Livonia Drain No. 12 Branches, Livonia Drain No. 13 Extension and Branches, Livonia Drain No. 21 , Livonia Drain No. 30, Livonia Drain No. 31 and Livonia Drain No. 35 Branches return to the City of Livonia its share of surplus monies in the Construction and Debt Retirement Fund Accounts with the understanding that the City agrees to (1 ) utilize such funds only for the purpose set forth in Section 497 of the Michigan Drain Code (alleviate drainage problems within the City), and (2) assume the operation and maintenance of drain facilities of all the above listed drainage districts. #460-85 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 30, 1985, which bears the signature of the Director of Finance, is approved by the Chairman of the Water and Sewer Board and is approved for submission by the Mayor, the Council does hereby authorize final payment in the amount of $392 to K.D. Harte Company, Inc. , 4125 Flint Road, Brighton, Michigan 48116, which sum includes the full and complete balance due on a contract authorized in Council Resolution 77-85 in the amount of $25,860, the actual contract amount completed to date being $26,252 in connection with water main repair - Seven Mile Road at Tarabusi Creek (Contract 85-B) , it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City Standards and specifications; and the Council does hereby appropriate and authorize the additional expenditure of the sum of $392 from the Water Capital Improvement Account #591-000-140.000.000 for this purpose. 21698 #461-85 RESOLVED, that having considered the report and recommendation of the City Engineer dated May 10, 1985, approved by the City Attorney and the Chairman of the Water and Sewer Board and approved for submission by the Mayor, and to which is attached a copy of an engineering agreement between the City of Livonia and the firm of Orchard, Hiltz & McCliment, Inc. , for water main replacement on Inkster Road, between Seven Mile and Grand River, the Council does hereby approve and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached 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. #462-85 WHEREAS, the City of Livonia finds that there is an urgent necessity to acquire right-of-way for the purpose of immediately constructing a sanitary sewer extension along the north side of Seven Mile Road, and for the future altering and widening of Seven Mile Road, between Bicentennial Park and the I 96/275 Interstate Crossing, in the City of Livonia, Wayne County, Michigan; and WHEREAS, the Council finds that it is necessary to acquire right-of-way along the aforementioned section of Seven Mile Road to reduce existing sewage pollution problems caused by ineffective private septic systems, to facilitate the flow of traffic, and to alleviate traffic congestion as a matter of public health, safety, and convenience, and to promote the public welfare generally; and WHEREAS, the Council further finds that the acquisition of certain private property, as further described hereinafter, is indispensable to the necessary program of constructing the sanitary sewer extension and to the future altering and widening of Seven Mile Road, between Bicentennial Park and the I 96/275 Interstate Crossing; and WHEREAS, the City Engineer has recommended that a sanitary sewer extension be immediately constructed along the north side of Seven Mile Road between Bicentennial Park and the I 96/175 Interstate Crossing, and has presented plans which have been approved by this Council ; and WHEREAS, the aforesaid improvement is to be financed from the use of surplus funds from prior Sanitary Sewer Bond Issues; and WHEREAS, the City Planning Commission by its resolution 11-262-80 adopted on November 18, 1980, and recorded on February 3, 1981 , in the office of the Wayne County Register of Deeds in Liber 18623, Page 744, amended Part I of the Master Plan of the City of Livonia, said Part being known as the Master Thoroughfare Plan, so as to establish a 120 foot right-of-way for that portion of Seven Mile between Bicentennial Park and the I 96/275 Interstate Crossing; and 21699 WHEREAS, Seven Mile Road between Bicentennial Park and the I 96/275 Interstate Crossing is a county road under the jurisdiction and control of the Board of County Road Commissioners of the County of Wayne, Michigan; and WHEREAS, the City of Livonia and the Board of County Road Commissioners of the County of Wayne, Michigan, have heretofore entered into an agreement, pursuant to provisions contained in Act 51 of the Public Acts of the State of Michigan of 1951 , as amended, wherein the aforementioned Board of County Road Commissioners has authorized the City of Livonia to act on its behalf in acquiring either by negotiation or condemnation proceedings, the right-of-way hereinafter more particularly described; NOW, THEREFORE, BE IT RESOLVED, that this Council for the City of Livonia, Wayne County, Michigan, hereby declares that the acquisition of certain private property, as hereinafter described, is necessary for the immediate construction of the sanitary sewer extension along the north side of Seven Mile Road, and the future altering and widening of Seven Mile Road, between Bicentennial Park and the I 96/275 Interstate Crossing, which construction and future altering and widening are necessary as public improvements for the use and benefit of the public, for the purposes of its incorporation, for public purposes within the scope of its power, and that good faith offers to purchase said parcels of land have been made to all known property owners; and BE IT FURTHER RESOLVED, that this Council does hereby declare that it determines it necessary to take the fee to private property upon just compensation to be paid therefor for such improvements, the said property necessary for the sanitary sewer extension and for future altering and widening of Seven Mile Road, between Bicentennial Park and the I 96/275 Interstate Crossing, and the just compensation for same being as follows. PARCEL NO. 10 (1 ) Land in the City of Livonia, County of Wayne, State of Michigan, described as: South 60 feet of that part of Southwest 1/4 of Section 5, Town 1 South, Range 9 East, described as beginning at South 1/4 corner of Section 5 and proceeding thence North 89 degrees 14 minutes 30 seconds West along the South section line 292.46 feet; thence North 0 degrees 14 minutes East 471 feet, thence South 89 degrees 14 minutes 30 seconds East 292.46 feet to a point in the North and South 1/4 Section line of said Section, thence South 21700 0 degrees 14 minutes West along the North and South 1/4 Section line 471 .0 feet to the Point of Beginning. (05G2a) Interested parties: Anita B. Varran 9680 Dexter-Pinckney Road Pinckney, Michigan 48169 Donald A. Varran, a married man 50333 Willis Road Lot #212, Holiday West Park Belleville, Michigan 48111 Michael A. Varran, a married man 23055 Lilac Farmington, Michigan 48024 Ronald B. Varran, a married man 8215 Marlowe Belleville, Michigan 48111 Meldon G. Bucher & Betty E. Bucher, his wife 36700 Seven Mile Road Livonia, Michigan 48152 Michigan National Bank Estate or Interest to be taken: Fee simple in real property. Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with provisions of Act 277 of the Public Acts of 1968. Estimated just compensation: $3900.00. PARCEL NO. 11 (2) Land in the City of Livonia, County of Wayne, State of Michigan, described as: The South 60 feet of the following parcel of land being a part of the South 1/2 of Section 5, Town 1 South, Range 9 East, more particularly described as: Part of the Southwest 1/4 of Section 5, Town 1 South, Range 9 East, beginning North 89 degrees 14 minutes 30 seconds West 292.46 feet from the South 1/4 corner of Section 5, thence North 89 degrees 14 minutes 30 seconds 21701 West 100 feet; thence North 0 degrees 14 minutes East 263 feet; thence South 89 degrees 14 minutes 30 seconds East 10 feet; thence North 0 degrees 14 minutes East 208 feet; thence South 89 degrees 14 minutes 30 seconds East 90 feet; thence South 0 degrees 14 minutes West 271 feet to the point of beginning. (05Glala) Interested party: Alice M. Kolak 36700 W. Seven Mile Road Livonia, Michigan 48152 Estate or Interest to be taken: Fee simple in real property. Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with provisions of Act 277 of the Public Acts of 1968. Estimated just compensation: $1300.00. PARCEL NO. 12 (3) Land in the City of Livonia, County of Wayne, State of Michigan, described as: the South 60 feet of the following described parcel of land: Part of the South 1/2 of Section 5, Town 1 South, Range 9 East, more particularly described as: Part of the Southwest 1/4 of Section 5, Town 1 South, Range 9 East, beginning North 89 degrees 14 minutes 30 seconds West 392.46 feet from the South 1/4 corner of Section 5, thence North 89 degrees 14 minutes 30 seconds West 192.45 feet, thence North 0 degrees 22 minutes East 206 feet, thence North 68 degrees 16 minutes 43 seconds West 68.71 feet, thence North 0 degrees 22 minutes East 33.42 feet, thence North 53 degrees 55 minutes 57 seconds West 124.55 feet, thence North 0 degrees 22 minutes East 134.99 feet, thence South 89 degrees 14 minutes 30 seconds East 366.50 feet, thence South 0 degrees 14 minutes West 208 feet, thence North 89 degrees 14 minutes 30 seconds West 10 feet, thence South 0 degrees 14 minutes West 263 feet to the point of beginning. (05Glalb) 21702 Interested parties: Alice M. Kolak Gerald H. Deneut 36720 W. Seven Mile Road Livonia, MI 48152 Estate or Interest to be taken: Fee simple in real property. Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with provisions of Act 277 of the Public Acts of 1968. Estimated just compensation. $2600.00. PARCEL NO. 16 (4) Land in the City of Livonia, County of Wayne, State of Michigan, being a part of the South 1/2 of Section 5, Town 1 South, Range 9 East, more particularly described as: The South 60 feet of that part of the Southwest 1/4 of Section 5, Town 1 South, Range 9 East, beginning South 89 degrees 14 minutes 20 seconds East 466.69 feet from the Southwest corner of Section 5, thence North 0 degrees 00 minutes 14 seconds West 466.69 feet, thence North 89 degrees 14 minutes 20 seconds West 161 .66 feet, thence North 00 degrees 00 minutes 14 seconds West 463.74 feet, thence South 89 degrees 59 minutes 46 seconds West 42.55 feet, thence North 0 degrees 00 minutes 14 seconds West 402.39 feet, thence South 89 degrees 9 minutes 46 seconds West 202.45 feet, thence North 0 degrees 00 minutes 14 seconds West 100 feet, thence North 89 degrees 59 minutes 46 seconds East 466.10 feet, thence South 0 degrees 15 minutes 03 seconds West 265.06 feet, thence South 89 degrees 13 minutes 45 seconds East 738.21 feet, thence South 0 degrees 24 minutes 38 seconds West 1170.22 feet, thence North 89 degrees 14 minutes 20 seconds West 768.02 feet to the point of beginning. (05C1b2b2b3a) Interested parties: Sweet Swing, a Michigan Copartnership 30138 Old Bedford Farmington Hills, Michigan 48018 Carol Diehl 4241 Clare Court West Bloomfield, Michigan 48033 21703 lip Estate or Interest to be taken: Fee simple in real property. Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with provisions of Act 277 of the Public Acts of 1968. Estimated just compensation: $4100.00 PARCEL NO. 18 (5) The South 60 feet of the East 218 feet of the following parcel of land: Land in the City of Livonia, Wayne County, Michigan, being a part of the South 1/2 of Section 6, Town 1 South, Range 9 East, more particularly described as: That part of the East 100 acres of the Southeast 1/4 of Section 6, described as beginning at a point on the South line of said section, distant South 89 degrees 38 minutes 20 seconds West 630 feet from the Southeast corner of Section 6 and proceeding thence South 89 degrees 38 minutes 20 seconds West along said South line 218.0 feet, thence North 0 degrees 05 minutes 40 seconds West 158.50 feet, thence South 89 degrees 38 minutes 20 seconds West 300.0 feet, thence North 0 degrees 05 minutes 40 seconds West 573.50 feet, thence North 89 degrees 38 minutes 20 seconds East 518.0 feet, thence South 0 degrees 05 minutes 40 seconds East 732.0 feet, to the point of beginning. (06J20) Interested parties. Robert J. Bazzett and Norma E. Bazzett his wife 22961 Woodrising Farmington Hills, Michigan 48024 Henry B. Reich and Ruth M. Reich, his wife 5171 Cutler Road Bath, Michigan 48808 Estate or Interest to be taken: Fee simple in real property. 21704 IhoSubject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with provisions of Act 277 of the Public Acts of 1968. Estimated just compensation: $1500.00. PARCEL NO. 19 (6) 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. (06J19) Interested party: Anthony Kriss 413 Via Los Miradores Redondo Beach, California 90277 Estate or Interest to be taken: Fee simple in real property. Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with provisions of Act 277 of the Public Acts of 1968. Estimated just compensation: $700.00. PARCEL NO. 20 (7) South 60 feet of the West 100.0 feet of the East 998.0 feet of the South 158.50 feet of the East 100 Acres of the Southeast 1/4 of Section 6, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan. (06J18) Interested parties: Robert J. Bazzett 22961 Woodrising Farmington Hills, Michigan 48024 Michael A. Lampton and Betty Ann Lampton, his wife Estate or Interest to be taken: Fee simple in real property. Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with provisions of Act 277 of the Public Acts of 1968. 21705 two Estimated just compensation: $2400.00 for Parcel No. 20 and Parcel No. 21 . PARCEL NO. 21 (8) South 60 feet of the West 75 feet of the East 1073 feet of the South 158.50 feet of the East 100 Acres of the Southeast 1/4 of Section 6, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan. (06J16bJ17) Interested parties: Robert J. Bazzett 22961 Woodrising Farmington Hills, Michigan 48024 Michael A. Lampton and Betty Ann Lampton, his wife Estate or Interest to be taken. Fee simple in real property. Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with provisions of Act 277 of the Public Acts of 1968. Estimated just compensation: $2400.00 for Parcel No. 20 and Parcel No. 21 PARCEL NO. 23 (9) Land in the City of Livonia, County of Wayne, State of Michigan, described as, The South 60 feet of the West 50.0 feet of the East 1248.0 feet of the South 158.50 feet of the East 100 acres of the Southeast 1/4 of Section 6, Town 1 South, Range 9 East, City of Livonia. (06J13) Interested parties: Roy P. Stone and Esther N. Stone, his wife 37760 Seven Mile Road Livonia, MI. 48152 Estate or Interest to be taken: Fee simple in real property. 21706 Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with provisions of Act 277 of the Public Acts of 1968. Estimated just compensation: $1400.00 for Parcel No. 23 and Parcel No. 24. PARCEL NO. 24 (10) Land in the City of Livonia, County of Wayne, State of Michigan, described as: The South 60 feet of the West 50.0 feet of the East 1198.0 feet of the South 158.50 feet of the east 100 acres of the S.E. 1/4 of Section 6, Town 1 South, Range 9 East, City of Livonia. (06J14) Interested parties: Roy P. Stone and Esther N. Stone, his wife 37760 Seven Mile Road Livonia, MI 48152 Estate or Interest to be taken: Fee simple in real property. Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the prorating of taxes in accordance with provisions of Act 277 of the Public Acts of 1968. Estimated just compensation: $1400.00 for Parcel No. 23 and Parcel No. 24. BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and conduct the necessary proceedings on behalf of the City of Livonia in the Circuit Court for the County of Wayne, State of Michigan (that being the County where the private property sought to be taken is located) to carry out the objectives of this resolution, and to acquire by condemnation for the City of Livonia the private property hereinbefore described for the purposes of immediately constructing a sanitary sewer extension along the north side of Seven Mile Road, and for the future widening, paving, altering and improving of Seven Mile Road, between Bicentennial Park and the I 96/275 Interstate Crossing, as necessary and authorized public improvements, and that said proceedings be brought in accordance with the provisions of Act 87 of the Public Acts of 1980, as amended, being MCLA 213.51 , et seq; and 21707 BE IT FURTHER RESOLVED, that the Council does hereby authorize the expenditure of a sum not to exceed Seventeen Thousand, Nine Hundred and no/100 Dollars ($17,900.00) for acquisition costs and, further, the Council does hereby authorize the expenditure of a sum not to exceed Three Hundred Thirty-Four and 93/100 Dollars ($334.93) as the City's portion of the prorated City, County, County Drain, School and Community College tax in connection with the aforesaid rights-of-way, the same to be prorated as of the date of closing; and, further, the Council does hereby authorize the expenditure of the sum of One Thousand and no/100 Dollars ($1000.00) for title work on these parcels; and the Council does hereby authorize the payment of the aforesaid sums from the surplus funds from prior Sanitary Sewer Bond Issues as compensation to be paid to the subject property owners in connection with this project; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to affix their signatures to a Declaration of Taking in order to carry out the provisions of this resolution and statement of necessity. p463-85 RESOLVED, that having considered a communication from the Department of Law, dated May 16, 1985, approved by the City Engineer and the Director of Finance, and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Plymouth Road right-of-way located in Section 25, owned by Eugene H. Schneider and Joan M. Schneider, his wife, and Peter Sirian and Anahid Sirian, his wife, which land is more particularly described as follows: The South 60 feet of the East 70 feet of the West 360.0 feet of the South 322.0 feet of the East 1/2 of the Southwest 1/4 of Section 25, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan. subject to the following conditions: (1 ) that the purchase price shall be in the sum of $1950.00; (2) that the purchaser shall pay for the cost of title work in the sum of $100.00; (3) that the City's portion of the prorated City, County, County Drain, School and Community College Tax shall be in a sum not to exceed $126.09. BE IT FURTHER RESOLVED, that a sum not to exceed $2176.09 is hereby appropriated and authorized to be expended from Community 21708 Development Block Grant Program Funds for the acquisition of the said right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #464-85 RESOLVED, that having considered a communication from the Department of Law, dated May 16, 1985, approved by the City Engineer and the Director of Finance, and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Plymouth Road right-of-way located in Section 25, owned by the Estate of Joseph Sergi , deceased, which land is particularly described as follows: The South 60 feet of the following parcel of land: That part of the Southwest 1/4 of Section 25, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point on the center line of a creek distant South 87 degrees 13 minutes East 1327.93 feet and North 2 degrees 47 minutes East 962.0 feet from the Southwest corner of Section 25; and proceeding thence South 2 degrees 47 minutes West 962.0 feet to the South line of said Section; thence North 87 degrees 13 minutes West along said line 124.28 feet; thence North 2 degrees 54 minutes 30 seconds East, 322.0 feet; thence North 87 degrees 13 minutes West, 100 0 feet; thence North 2 degrees 54 minutes 30 seconds East, 578.5 feet to the center line of said creek; thence Northeasterly along said center line to the point of beginning. and The South 60 feet of the following parcel of land: The West 60.0 feet of the South 322.0 feet of the East 1/2 of the Southwest 1/4 of Section 25, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan. subject to the following conditions: (1 ) that the purchase price shall be in the sum of $3100.00; (2) that the purchaser shall pay for the cost of title work in the sum of $200.00; (3) that the City's portion of the prorated City, County, County Drain, School and Community College Tax shall be in a sum not to exceed $158.95. BE IT FURTHER RESOLVED, that a sum not to exceed $3458.95 is hereby appropriated and authorized to be expended from Community 21709 Development Block Grant Program Funds for the acquisition of the said right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #465-85 RESOLVED, that having considered a letter from the Superintendent of Parks and Recreation dated May 20, 1985, approved for submission by the Mayor and which submits a request from the Livonia Anniversary Committee, Inc. in connection with the 1985 Spree "35" anniversary celebration, the Council does hereby determine that the following City streets shall be closed to traffic from 8:00 A.M. , June 24, 1985 through 12:00 Noon on July 1 , 1985: 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. #466-85 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated May 20, 1985, approved by the Director of Finance and approved for submission by the Mayor, which submits a request from the Livonia Anniversary Committee with respect to the following items: 1 . The issuance of a permit to W.G. Wade Show to conduct carnival amusement rides at Henry Ford Field, as part of this year's Spree "35" celebration, on June 25, 26 and 27, 1985, from 4:00 P.M. until Midnight, and on June 28, 29 and 30, 1985, from 12:00 Noon until Midnight; 2. The issuance of a permit to the Anniversary Committee to conduct a circus at Veterans' Park on June 25 - 30, 1985; 3. Authorization of the Anniversary Committee to conduct a fireworks display to be held at Veterans' Park on Sunday, June 30, 1985 at 10:00 P.M. , which display will be fired by American Fireworks, subject to providing liability insurance for this event, and subject to the City of Livonia and the Livonia Anniversary Committee, Inc. being designated as additional insured on their policy. 4. Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at the Henry Ford Field, Veterans' Park and the Eddie Edgar Arena during the period of the Spree "35" celebration; and 5. A waiver of all fees prescribed by ordinance or law with respect to items 2, 3 and 4 above, as well as a waiver 21710 of all vendors' license fees for community organizations and/or groups authorized to participate in Spree "35" by the Anniversary Committee; the Council does hereby approve and concur in the foregoing requests; and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution. #467-85 RESOLVED, that having considered a communication from the City Engineer, dated May 15, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and submitted pursuant to Council Resolution 1025-84, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Pickford (Middlebelt to Brentwood) and Maplewood (Seven Mile to Pickford) in the N.W. 1/4 of Section 12, T.1S. , R.9E. , City of Livonia, 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 May 15, 1985, 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, July 15, 1985 at 7:00 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: Gundersen, Taylor, Ventura, McCann, Feenstra, Bishop. Nays: None. 21711 On a motion by Councilman McCann, seconded by Councilman Ventura, and Jnanimously adopted, it was #468-85 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated May 22, 1985, relative to the employment of the firm of Kamp-DiComo Associates, P.C. , 33200 Schoolcraft, Livonia, Michigan 48150, as Construction Manager for the proposed construction of a new Civic Center Library, the Council does hereby refer this item to the Department of Law for the preparation of a contract with the said firm of Kamp-DiComo, Associates, P.C. , which upon completion is to be submitted to the City Council for its consideration. On a motion by Councilwoman Gundersen, seconded by Councilman Taylor, and unanimously adopted, it was #469-85 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 28, 1985, and submitted pursuant to Council Resolution 387-84 in connection with the report and recommendation of the City Engineer dated April 17, 1984, approved for submission by the Mayor and submitted pursuant to Council Resolution 361-83, with regard to the proposed relocation and improvement of Mayfield, Seven Mile to Clarita, in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of 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, pursuant to the provisions of Section 3.08.060 of the Livonia Code of Ordinances, as amended. On a motion by Councilwoman Gundersen, seconded by Councilman Taylor, and unanimously adopted, it was #470-85 RESOLVED, that having considered the report and recommendation of the Streets, Roads & Plats Committee, dated May 28, 1985, and submitted pursuant to Council Resolution 387-84 21712 10. in connection with the report and recommendation of the City Engineer, dated April 17, 1984, approved for submission by the Mayor and submitted pursuant to Council Resolution 361-83 with regard to the proposed relocation and improvement of Mayfield, Seven Mile to Clarita, the Council does hereby request that the City Attorney submit his report and recommendation as to the City's liability as the road presently exists with respect to a vehicle colliding with a tree in the right-of-way, or a vehicle throwing stones causing injury or damage to private property or pedestrians. *Councilman Bennett arrived at the meeting at 8:10 p.m. Councilman Ventura took from the table, for second reading and adoption, the following ordinance: AN ORDINANCE AMENDING SECTION 31 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 84-11-1-31 , change of zoning from R-1 and RUF to C-1 , and AG and RUF to R-7) On a motion by Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #471-85 RESOLVED, that having considered the communication from the Department of Law dated May 8, 1985, and submitted pursuant to Council Resolution 321-85 which approves an amendment to the Zoning Ordinance in connection with Petition 84-11-1-31 submitted by John J. Mahn for a change of zoning on property located on the south side of Ann Arbor Trail , west of Newburgh Road in the Northeast 1/4 of Section 31 from R-1 and RUF to C-1 , and AG and RUF to R-7, and the proposed amendment having received its second reading by Councilman Ventura on June 5, 1985, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. Councilman Feenstra took from the table, for second reading and adoption, the following ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUNDS (Petition 85-2-3-2, vacating an easement located on the SE corner of Seven Mile and Haggerty Road) 21713 A roll call vote was taken on the foregoing Ordinance with the following result: low AYES: Gundersen, Taylor, Bennett, Ventura, McCann, Feenstra, Bishop. NAYS: None. The President declared the foregoing 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 24 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 85-1-1-3, change of zoning from C-1 to C-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Gundersen, Taylor, Bennett, Ventura, McCann, Feenstra, 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 050A OF, AND ADDING SECTION 055 TO, TITLE 10, CHAPTER 18 (CERTIFICATES AND LICENSES) 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 Ventura, seconded by Councilman McCann, it was #472-85 RESOLVED, that having considered a communication from the City Planning Commission, dated April 25, 1985, which transmits its resolution 4-72-85, adopted on April 18, 1985, with regard to Petition 85-4-2-10, submitted by Rocco Corsi requesting waiver use approval to locate an automobile transmission replacement 21714 facility on the Northwest corner of Seven Mile Road and Angling in the Southeast 1/4 of Section 1 , which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 85-4-2-10 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Taylor, Ventura, McCann, Bishop. NAYS: Bennett, Feenstra. The President declared the resolution adopted. On a motion by Councilwoman Gundersen, seconded by Councilman Bennett, and unanimously adopted, it was 1473-85 RESOLVED, that having considered a letter from Ralph Horowitz, 19616 S. Raleigh Circle, Southfield, Michigan, wherein a request is submitted to amend and revise Council Resolution 891-83, adopted on November 21 , 1983, so as to allow the display and sale, within the controlled outdoor area, of produce, peat moss and fertilizer, in connection with Petition 83-9-2-35 which granted waiver use approval for outdoor sales in conjunction with the use of an existing building located on the south side of Plymouth Road, between Wayne Road and Laurel in the N.W. 1/4 of Section 33, the Council does determine to amend and revise the conditions set forth in Council Resolution 891-83 so as to have the same read as follows: that the front yard and rear yard shall be for controlled display only, such as live material , cut flowers, grave blankets, produce, peat moss and fertilizer only; and the storage of firewood, etc. , shall not be permitted. Councilman Bennett made the following motion: RESOLVED, that having considered a communication from the Judges and the Court Administrator of the District Court of the 16th Judicial District, dated May 10, 1985, with regard to the administration and implementation of the activities and projects of the Volunteer Work Program, the Council does hereby refer this item to the Mayor for his report and recommendation. The foregoing resolution failed for lack of support. On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, it was 21715 #474-85 RESOLVED, that having considered a communication from the Judges and the Court Administrator of the District Court of the 16th Judicial District, dated May 10, 1985, with regard to the administration and implementation of the activities and projects of the Voluntary Work Program, the Council does hereby determine that the Judges of the 16th District Court are authorized to expend funds received under the Volunteer Work Program, to the extent they deem necessary, to obtain and maintain such items and/or accessories for the utilization and/or administration of the day-to-day activities and operation of the Volunteer Work Program at the Court, or at such other places within the City where the Volunteer Work Program may be operating; provided, however, that the expenditure of such funds shall at no time exceed the balance of funds which are available for this purpose; and the Judges are requested to provide the Office of the Mayor with advance notice of the projects that are to be performed under this program. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Taylor, Ventura, McCann, Feenstra, Bishop. NAYS: Bennett. The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #475-85 RESOLVED, that having considered a communication from the Fire Chief, dated March 19, 1985, approved by the Director of Public Safety and approved for submission by the Mayor, a communication from the Chief of Police, dated April 25, 1985, which bears the signature of the Director of Public Safety and is approved by the Mayor, and a communication from the Traffic Commission, dated April 25, 1985, approved for submission by the Mayor and submitted pursuant to Council Resolution 21-85 in connection with a petition submitted by certain residents on Stark Road, received by the Office of the City Clerk on December 26, 1984, wherein it is requested that Stark Road, south of Plymouth Road, be closed (dead end) at the Edward Hines Parkway, the Council does hereby determine to deny this request and to take no further action. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and nanimously adopted, it was #476-85 RESOLVED, that having considered a communication from the City Treasurer, dated May 13, 1985, approved by the Director of Finance, the Council does hereby determine as follows: 21716 (1 ) That National Bank of Detroit, a National Banking Association of Detroit, Michigan (hereinafter referred to as "Bank") be and hereby is designated as trustee on behalf of City of Livonia ("Local Unit") , and authorized to accept the Local Unit's surplus funds as defined in Michigan Public Act 367 of the Public Acts of 1982 ("Act"). (2) That the Treasurer of the Local Unit be and hereby is authorized to enter into a trust agreement with the Bank providing for the investment of surplus funds in accordance with the Act. (3) That any agreements, authorizations or directions required to be signed or given in connection with the intent of this resolution may be signed or given by the Treasurer or the Deputy Treasurer, whose signature(s) shall be duly certified to the Bank, and the Bank hereby is authorized to accept any surplus funds for investment in accordance with the Act and any agreement entered into between the Local Unit and Bank in connection therewith. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #477-85 RESOLVED, that having considered a communication from the City Treasurer, dated May 13, 1985, approved by the Director of Finance, the Council does hereby determine as follows: (1 ) That Comerica - Detroit, a National Banking Association of Detroit, Michigan (hereinafter referred to as "Bank") be and hereby is designated as trustee on behalf of City of Livonia ("Local Unit") , and authorized to accept the Local Unit's surplus funds as defined in Michigan Public Act 367 of the Public Acts of 1982 ("Act"). (2) That the Treasurer of the Local Unit be and hereby is authorized to enter into a trust agreement with the Bank providing for the investment of surplus funds in accordance with the Act. (3) That any agreements, authorizations or directions required to be signed or given in connection with the intent of this resolution may be signed or given by the Treasurer or the Deputy Treasurer, whose signature(s) shall be duly certified to the Bank, and the Bank hereby is authorized to accept any surplus funds for investment in accordance with the Act and any agreement entered 21717 into between the Local Unit and Bank in connection therewith. On a motion by Councilman Bennett, seconded by Councilwoman Gundersen, it was 1478-85 WHEREAS, information prepared by and for Wayne County indicates that the existing Rouge Valley Interceptors cannot convey all wastewater generated in the District; WHEREAS, studies have indicated that the Rouge River is degraded by numerous wastewater discharges; WHEREAS, water quality is predicted to worsen in the future as population increases; WHEREAS, a study by Wayne County dated May, 1985 recommends construction of a new interceptor to relieve these problems and indicates that this interceptor is the cost effective solution to the problem; WHEREAS, the Department of Natural Resources has indicated that the proposed interceptor is eligible for federal grant assistance and is ranked high enough on its priority list to receive federal grants; NOW THEREFORE BE IT RESOLVED that the Council of the City of Livonia believes that the proposed interceptor is necessary and should be constructed, and adopts the recommended plan. FURTHERMORE, the proposed interceptor should be designed immediately upon receipt of the DNR's approval of the plan and issuance of a finding of No Significant Impact by U.S.E.P.A. The Council of the City of Livonia hereby indicates its intent to participate in the construction of the project contingent upon ratification of a financing package which establishes an affordable local cost apportionment to match federal and state grants. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Taylor, Bennett, McCann, Feenstra. NAYS: Ventura, Bishop The President declared the resolution adopted. On a motion by Councilman Bennett, seconded by Councilman Feenstra, and 21718 unanimously adopted, it was #479-85 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 20, 1985, approved for submission by the Mayor, to which is attached a letter from the Acting Director of the Wayne County Department of Public Works with regard to the North Huron Valley/Rouge Valley Wastewater Control System, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilman Feenstra, seconded by Councilman McCann, and unanimously adopted, it was #480-85 RESOLVED, that having considered the report and recommendation of the City Attorney, dated August 30, 1984, approved for submission by the Mayor, and also having considered the report and recommendation of the Planning Director, dated May 16, 1985, approved for submission by the Mayor and submitted pursuant to Council Resolution 664-84 in connection with a letter from the Metropolitan Society for Crippled Children and Adults, 1127 Whittier, Grosse Pointe Park, Michigan 48230, dated July 30, 1984, wherein an offer to donate two (2) lots to the City of Livonia L is submitted, being Lots #468 and 469 of the Argonne Subdivision, the Council does hereby reject this offer and determine to take no further action. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #481-85 RESOLVED, that having considered a communication from the City Planning Commission, dated May 14, 1985, which transmits its resolution 5-90-85, adopted on April 18, 1985, with regard to the sign plan submitted in connection with Petition 84-6-8-26 by Villanova Construction Company requesting approval of all plans required by Section 18.47 of Zoning Ordinance 543, as amended, in connection with a proposal to construct commercial stores on the south side of Five Mile Road, between Farmington Road and Parkview in Section 21 , the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign plan, subject to compliance with the same conditions set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was 21719 #482-85 RESOLVED, that having considered a communication from the Planning Commission, dated May 14, 1985, which transmits its resolution 5-91-85, adopted on April 18, 1985, with regard to Petition 85-4-8-9, submitted by Greenfield Construction Company, requesting site plan approval in connection with a proposal to construct multiple family dwellings on the west side of Newburgh Road between Six and Seven Mile Roads in Section 7, pursuant to the provisions set forth in Section 18.02 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 85-4-8-9 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilman McCann, seconded by Councilman Feenstra, and unanimously adopted, it was #483-85 RESOLVED, that having considered a letter from the President of Bobby's Country House, Inc. , dated May 17, 1985, which purports to exercise an option to renew the lease between the City of Livonia and Livonia Restaurants, Inc. for the Club House located at the Idyl Wyld Golf Course, in accordance with Section 1 .4 of the Sublease Agreement, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilman McCann, seconded by Councilman Feenstra, it was #484-85 RESOLVED, that having considered a communication from the Director of Finance, dated May 21 , 1985, approved for submission by the Mayor, to which is attached an Annual Membership Fee Notice from the Michigan Municipal League for the period July 1 , 1985 through June 30, 1986, in the amount of $7 ,717, the Council does hereby authorize the payment of same from funds budgeted for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES• Gundersen, Taylor, Bennett, Ventura, McCann, Feenstra, Bishop. NAYS: None. On a motion by Councilman Taylor, seconded by Councilman Ventura, it was 21720 RESOLVED, that having considered a communication from the City Assessor, dated May 24, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and also having considered a communication from the City Assessor, dated May 31 , 1985, with regard to the proposed rental of computer equipment for the Department of Assessment, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Bennett, Ventura. NAYS: Gundersen, McCann, Feenstra, Bishop. The President declared the resolution denied. On a motion by Councilman McCann, seconded by Councilman Feenstra, it was #485-85 RESOLVED, that having considered a communication from the City Assessor, dated May 24, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and also having considered a communication from the City Assessor, dated May 31 , 1985, the Council does hereby approve and authorize the rental from Allied Leasing Company, 2325 S. Cedar Street, Lansing, Michigan 48910, on a month-to-month basis, in the amount of $1 ,200 per month, of the following hardware equipment: 2 - 13 Mgb Winchester Drives 3 - Viewing Terminals and Keyboards 1 - NEC Spinwriter Letter Quality Printer the foregoing equipment rental to be for the period April 1 , 1985 until December 31 , 1985, or until such other time as a replacement system has been installed in the Department of Assessment; further, the Council does hereby authorize the said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3.04.140 D.5. of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Taylor, Bennett, Ventura, McCann, Feenstra, Bishop. NAYS: None. 1It the direction of the Council President, Item No. 37 regarding establishment of 6industrial Development District No. 27 for Circuits DMA, Inc. , was removed from the agenda per request of the petitioner's attorney to be placed on the agenda of the next Regular Meeting of the City Council . 21721 On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #486-85 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from CBS/Fox Company, dated April 30, 1985, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 13; and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i .e. , the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, the City Council has afforded CBS/Fox Company, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 8:00 P.M. , Monday, June 3, 1985 at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS: 1 . That the City Council , on the basis of the information received from the applicant, CBS/Fox Company, finds and determines, (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No. 198, P.A. 1974, as amended. 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from CBS/Fox Company covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 13 for 12 years. On a motion by Councilman Ventura, seconded by Councilman Feenstra, and lismanimously adopted, it was 21722 #487-85 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 described as: Lot 4, except Westerly 30' , Lot 5 and 6, except Easterly 12 feet, Trerice Observer Project Subdivision, City of Livonia; which area is hereinafter referred to as "City of Livonia Industrial Development District No. 26"; and WHEREAS, written notice has been given by certified mail to TnT-EDM, 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. 26; 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. 26; and WHEREAS, on June 3, 1985 a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No. 26, at which time Tnt-EDM, 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 Tnt-EDM, 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, such district to consist of the area described above. 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No. 26". On a motion by Councilman Taylor, seconded by Councilman Feenstra, and nanimously adopted, it was 21723 f488-85 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 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 WHEREAS, a program to alleviate the aforesaid conditions 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 prepared and submitted a project plan (the "Project Plan") , providing all information and requirements necessary for a motel project involving the acquisition, construction and equipping of a 67,000 square foot motel facility to be owned and operated by and for the benefit of Livonia Luxury Suites, Ltd. and located at 16999 South Laurel Dr. , Livonia, Michigan (the "Project"); and WHEREAS, in conformity with Act No. 338 and the Internal Revenue Code of 1954, as amended (the "Code") , this legislative body has conducted a public hearing on the Project, the Project Plan, and the bonds in the maximum aggregate principal amount of not to exceed $4,400,000 proposed therein to be issued by the Corporation to finance all or part of the costs of the Project (the "Bonds"); NOW, THEREFORE, BE IT RESOLVED: 1 . The Project Plan, as submitted and approved by the Corporation meets the requirements set forth in Section 8 of Act 338, and is hereby approved. 2. The persons who will be active in the management of the Project for not less than one year after approval of the Project Plan have sufficient ability and experience to manage the plan propertly. 3. The proposed methods of financing the project as outlined in the Project Plan are feasible and this Corporation has the ability to arrange, or cause to be arranged, the financing. 4. The Project as submitted is reasonable and necessary to carry out the purposes of Act No. 338, and is hereby approved. 5. Issuance by the Corporation of the Bonds in an amount not to exceed $4,400,000, in accordance with the terms set forth in the Project Plan, to finance all or part of the costs of the Project as described herein and in the Project Plan, is hereby approved. 21724 6. Based upon the information submitted and obtained, the Project Plan as submitted and the Project to which it relates serves to alleviate and prevent conditions of unemployment and strengthen and revitalize the City's economy and, therefore, constitutes a vital and necessary public purpose. 7. 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 Feenstra, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the City Planning Commission, dated April 25, 1985 which sets forth its resolution 4-74-85 adopted on April 18, 1985 with regard to Petition 85-2-1-5 submitted by Michigan Columbus Federal Credit Union for a change of zoning on property located on the south side of Six Mile Road, west of Henry Ruff in the Northwest 1/4 of Section 14 from RUFC to P, and the Council having conducted a public hearing with regard to this matter on June 3, 1985, pursuant to Council Resolution 361-85, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 85-2-1-5 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 No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Feenstra, Bishop. NAYS: Gundersen, Taylor, Bennett, McCann. The President declared the resolution denied. On a motion by Councilman Taylor, seconded by Councilman McCann, it was #489-85 RESOLVED, that having considered a communication from the City Planning Commission, dated April 25, 1985, which sets forth its resolution 4-74-85 adopted on April 18, 1985, with regard to Petition 85-2-1-5, submitted by Michigan Columbus Federal Credit Union for a change of zoning on property located on the south side of Six Mile Road, west of Henry Ruff in the Northwest 1/4 of Section 14 from RUFC to P, and the Council having conducted a public hearing with regard to this matter on June 3, 1985, pursuant to Council Resolution 361-85, the Council does hereby 21725 reject the recommendation of the Planning Commission and the said Petition 85-2-1-5 is hereby denied for the following reasons: (1 ) The proposed rezoning would not promote the orderly growth and development of the area. (2) The proposed rezoning and use permit would be detrimental to, and not in harmony with, the existing and neighboring use of the area. (3) The proposed rezoning represents an extension and an intrusion of non-residential use into a predominantly residential area, and thereby would detract from and diminish the ongoing residential use and enjoyment of the area. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Taylor, Bennett, McCann. NAYS: Ventura, Feenstra, Bishop. The President declared the resolution adopted. On a motion by Councilman Ventura, seconded by Councilman Feenstra, it was #490-85 RESOLVED, that having considered a communication from the City Planning Commission, dated April 25, 1985, which sets forth its resolution 4-73-85 adopted on April 18, 1985 with regard to Petition 85-2-1-8, submitted by Weatherford/Walker Development for a change of zoning on property located on the north side of Plymouth Road between Middlebelt and Sears Roads in the Southeast 1/4 of Section 26 from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on June 3, 1985, pursuant to Council Resolution 361-85, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 85-2-1-8 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 No. 543, as amended, in accordance with this resolution. roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Taylor, Bennett, Ventura, McCann, Feenstra, Bishop. 21726 NAYS: None. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was 1491-82 RESOLVED, that having considered a communication from the City Planning Commission, dated April 24, 1985 which sets forth its resolution 4-65-85, adopted on April 18, 1985, with regard to Petition 85-3-1-9, submitted by Michael Schwartz for United Homes, Inc. , for a change of zoning on property located on the northwest corner of Hix Road and Northfield Avenue in the Southwest 1/4 of Section 31 from RUF to R-1 , and the Council having conducted a public hearing with regard to this matter on June 3, 1985, pursuant to Council resolution 361-85, the Council does hereby concur in the recommendation of the Planning Comrission and the said Petition 85-3-1-9 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 No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Taylor, Bennett, Ventura, McCann, Feenstra, Bishop. NAYS: None. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was 1492-85 RESOLVED, that having considered a communication from the City Planning Commission, dated April 1 , 1985, which sets forth its resolution 3-48-85, adopted on March 19, 1985, with regard to Petition 85-2-1-6, submitted by Arthur E. & Eugene F. Pulice for a change of zoning on property located on the west side of Hubbard Road, north of Five Mile Road in the Southwest 1/4 of Section 15 from R-1 and P to P.S. , and the Council having conducted a public hearing with regard to this matter on June 3, 1985, pursuant to Council Resolution 381-85, the Council does hereby reject the recommendation of the Planning Comrission and the said Petition 85-2-1-6 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 No. 543, as amended, in accordance with this resolution. 1 roll call vote was taken on the foregoing resolution with the following result: 21727 LAYES: Gundersen, Taylor, Bennett, Ventura, Feenstra, Bishop. NAYS: McCann. The President declared the resolution adopted. On a motion by Councilwoman Gundersen, seconded by Councilman Bennett, it was #493-85 RESOLVED, that having considered a communication from the City Planning Commission, dated April 2, 1985, which sets forth its resolution 3-49-85, adopted on March 19, 1985, with regard to Petition 85-2-1-7, submitted by Jan A. Buedel for Taco Bell for a change of zoning of property located on the west side of Farmington Road, south of Seven Mile Road in the Northeast 1/4 of Section 9 from R-3 to P, and the Council having conducted a public hearing with regard to this matter on June 3, 1985, pursuant to Council Resolution 381-85, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 85-2-1-7 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. LOn a motion by Councilman Ventura, seconded by Councilman Feenstra, it was RESOLVED, that having considered a communication from the City Planning Commission, dated April 2, 1985, which sets forth its resolution 3-49-85, adopted on March 19, 1985, with regard to Petition 85-2-1-7, submitted by Jan A. Buedel for Taco Bell for a change of zoning of property located on the west side of Farmington Road south of Seven Mile Road in the Northeast 1/4 of Section 9 from R-3 to P, and the Council having conducted a public hearing with regard to this matter on June 3, 1985, pursuant to Council Resolution 381-85, 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: Ventura, Feenstra. NAYS: Gundersen, Taylor, Bennett, McCann, Bishop. The President declared the motion to refer denied. LA roll call vote was taken on the original motion with the following result: AYES: Gundersen, Taylor, Bennett, Ventura, McCann, Feenstra, Bishop. NAYS: None. 21728 The President declared the resolution adopted. On a motion by Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #494-85 RESOLVED, that having considered a communication from the Personnel Director, dated May 16, 1985, and which transmits a resolution adopted by the Civil Service Commission on May 9, 1985, wherein it is recommended that the title of Chief Librarian be changed to the title of City Librarian, the Council does hereby concur in and approve of such action. On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, unanimously adopted, it was #495-85 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #574-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilman Taylor, seconded by Councilman McCann, and Imunanimously adopted, it was #496-85 RESOLVED, that having considered a communication dated May 29, 1985 from Kathleen J. McCann, attorney for Levan Party Store, Inc. , which in accordance with the provisions of Section 19.08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on May 21 , 1985 by the City Planning Commission in its resolution 5-94-85 with regard to Petition 85-4-2-11 submitted by Levan Party Store, Inc. , requesting waiver use approval to utilize an SDD license within an existing party store located on the south side of Plymouth, between Yale and Levan Roads in the Northeast 1/4 of Section 32, which property is zoned C-2, the Council does hereby designate Monday, July 15, 1985 at 7:00 P.M. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No. 543, as amended, with the Zoning Ordinance of the City of Livonia. On a motion by Councilman Taylor, seconded by Councilman Ventura, it 21729 was 1497-85 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated June 4, 1985, which bears the signatures of the Director of Public Safety and the Director of Finance and is approved for submission by the Mayor, with regard to the City's obligation to assume the costs involved for a topographical survey and soil boring test in connection with the design and construction of the proposed new police building addition, the Council does hereby authorize the employment of Orchard, Hiltz and McCliment, Inc. , 34935 Schoolcraft Road, Livonia, Michigan 48150, to perform the topographical work referred to herein at a cost not to exceed $3,400; further, the Council does hereby authorize the employment of Soil and Material Engineers, Inc. , 34400 Glendale, Livonia, Michigan to provide the necessary soil boring tests for the completion of the design of the said building at a cost not to exceed $4,100; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $7,500 from the Unexpended Fund Balance Account for this purpose; further, the Council does hereby authorize the said items without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance low with the provisions set forth in Section 3.04.140.D. 4 & 5 of the Livonia Code of Ordinances, as amended. H roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Taylor, Bennett, Ventura, McCann, Feenstra, Bishop. NAYS: None. On a motion by Councilman Ventura, seconded by Councilman Feenstra, it was 1498-85 RESOLVED, that having considered a communication from the Department of Law, dated May 29, 1985, approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire 3.73 acres of property located at 36434 W. Seven Mile Road, Livonia, Michigan 48152, from Robert R. Peterson and Miriam Peterson, which land is more particularly described as follows: The South 716 feet of the East 247.50 feet of the West 1/2 of the West 1/2 of the Southeast 1/4, section 5, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, except the South 60 feet thereof. (05H2a2aH2b1 ) subject to the following terms and conditions: 21730 (1 ) the purchase price shall be in the amount of $100,000.00; (2) the sellers shall provide the City with the necessary title commitment and title policy at their expense. further, that a sum not to exceed $100,000.00 is hereby appropriated and authorized to be expended from the unexpended fund balance account for this purpose; and the Council does hereby appropriate an additional sum in the amount of $350.00 from the unexpended fund balance account in order to make payment in connection with the appraisal prepared by Charles W. Allen, Jr. with respect to this matter. A roll call vote was taken on the foregoing resolution with the following result: AYES: Gundersen, Taylor, Bennett, Ventura, McCann, Feenstra, Bishop. NAYS: None. On a motion by Councilwoman Gundersen, seconded by Councilman Feenstra, Lit id unanimously adopted, this 1056th Regular Meeting of the Council of the City of _ivonia was duly adjourned at 8:55 P.M. , June 5, 1985. obert F. Nash, City Clerk