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HomeMy WebLinkAboutCOUNCIL MINUTES 1985-08-28 21888 MINUTES OF THE ONE THOUSAND AND SIXTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 28, 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 8:01 p.m. Councilman McCann delivered the invocation. Roll was called with the following result: Robert R. Bishop, Robert E. McCann, Fernon P. Feenstra, Alice Gundersen, Gerald Taylor, Robert D. Bennett and Peter A. Ventura. Absent. None. Elected and appointed officials present• Edward H. McNamara, Mayor, Robert F . Nash, City Clerk, Harry Tatigian, City Attorney, John Nagy, Planning Director; G. E. Siemert, City Engineer, Ron Mardiros, City Assessor, Joan Duggan, Executive Assistant to the Mayor, Russell A. Gronevelt, Director of Public Works; Edith Davis, Personnel Director, Suzanne Wisler, Director of Community Resources; Ronald R. Reinke, Superintendent of Parks and Recreation and Alberta Schmidt, Administrative Assistant to the Director of Legislative Affairs. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #732-85 RESOLVED, that the minutes of the 1 ,060th Regular Meeting of the Council of the City of Livonia, held August 19, 1985, are hereby approved. By Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #733-85 RESOLVED, that the minutes of the 193rd Special Meeting L of the Council of the City of Livonia, held August 21 , 1985, are hereby approved. 21889 On a motion unanimously introduced, supported and adopted, it was #734-85 WHEREAS, Rose and Alexander Spiro, Sr. have been residents of Livonia for twenty-four years and, WHEREAS, Rose and Alexander Spiro, Sr. have constructed and operated two of the highest quality nursing and convalescent facilities in the City for twenty-five years, and, WHEREAS, the Dorvin and University Convalescent Homes were tied for first place rating given by the Good Housekeeping Magazine on August 8, 1985, in its rating for the Detroit Metropolitan area and, WHEREAS, the Dorvin and University Convalescent Homes were rated in the top eighty-five when compared to all such facilities in all fifty of the United States of America, and WHEREAS, Livonia was the only city regardless of its size that had two award winning convalescent centers within its boundaries, L NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia takes this means to congratulate and commend Rose and Alexander Spiro, Sr. and the total staff of the Dorvin and University Convalescent Centers in achieving this outstanding recognition for their dedication and quality patient care to the citizens they so graciously serve. On a motion by Councilwoman Gundersen, seconded by Councilman Ventura, it was #735-85 RESOLVED, that the Council does hereby rescind and repeal CR 639-85 regarding a request for a lot split submitted by Mr. and Mrs. Anthony Billock, 18874 Loveland, Livonia, Michigan 48152. A roll call vote was taken on the foregoing resolution with the following result. AYES• McCann, Gundersen, Ventura, Bishop. NAYS Feenstra, Taylor, Bennett The President declared the resolution adopted. President Bishop passed the gavel to the Vice President of the Council at 8:10 P.M. On a motion by Councilwoman Gundersen, seconded by Councilman Ventura, it 21890 la vas #736-85 RESOLVED, that having considered a comrunication from the City Assessor, dated June 28, 1985, and approved for submission by the Mayor, with regard to a request from Mr and Mrs. Anthony Billock, 18874 Loveland, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby find that the proposed division of Tax Item No. 46 038 03 0768 001 (10c 768a) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing the same into two (2) parcels, the legal descriptions of which shall read as follows: PARCEL A The N 69.94 Ft of the W 136 00 Ft of Lot 768 Supervisor's Livonia Plat No 13 T1S R9E L68 P17 WCR PARCEL B The S 70.00 Ft of the W 136.00 Ft of Lot 768 Supervisor's Livonia Plat No. 13 T1S R9E L68 P17 WCR as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Gundersen, Taylor, Bennett, Ventura, Bishop. NAYS Feenstra. The Vice President declared the resolution adopted The Vice President of the Council passed the gavel back to the President at 8:14 P.M. A communication from the City Clerk, dated August 16, 1985, re Wayne County Intermediate School District - Tax Collection was received and placed on file for the information of the Council The following resolutions were offered by Councilman Bennett and seconded by Councilman Taylor. 21891 #737-85 RESOLVED, that having considered a letter from Edith M. Goodsell , representative of the Coventry Gardens Improvement Association, 15636 Edington, Livonia, Michigan, dated August 1 , 1985, requesting permission to close the following street intersections on Saturday, September 7, 1985, from 12:00 Noon until 6.00 P.M. for the purpose of conducting an annual summer picnic: Rayburn at Farmington Myrna at Farmington Rayburn at Stamford Edington at Rayburn the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 8, 1985, in the event of inclement weather, the action taken herein being made subject to approval of the Police Department. #738-85 RESOLVED, that having considered a communication from John and Kathy Milberg, 9257 Warwick, Detroit, Michigan 48228, dated August 12, 1985, wherein they express an interest in purchasing city-owned property located at 31736 W. Chicago, Livonia, MI. , the Council does hereby refer this item to the Department of Law and the City Assessor for their reports and recommendations, further, the Department of Law is requested to obtain the necessary appraisal of this property. #739-85 RESOLVED, that having considered a letter from the Pastor of the Sacred Heart Catholic Church, 29125 W Six Mile Road, Livonia, Michigan 48152, dated August 8, 1985, wherein a request is submitted for the waiver of all license and permit fees in connection with an Annual Fall Festival to be conducted on church grounds on September 6, 7 and 8, 1985, the Council does hereby grant this request in the manner and form herein submitted, and the City Clerk and all other City officials are hereby requested to do all other things necessary and incidental to the full performance of this resolution. #740-85 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated June 21 , 1985, and the report and recommendation of the Chief of Police dated August 7, 1985 in connection therewith, the Council does hereby approve of the request from Mike Kelly's Landing of Livonia, Inc. , to drop Joseph J. Johnston as stockholder and add Richard Reeves as stockholder in 1985 Class C licensed business located at 14000 Middlebelt, Livonia, Wayne County, Michigan 48154, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #741-85 RESOLVED, that having considered a communication from the Department of Assessment dated August 5, 1985, which is approved 21892 for submission by the Mayor, wherein a request is submitted to establish a permit fee of one dollar for wood platform porches, whether attached or unattached to the homestead, the Council does hereby refer this item to the Finance Committee for its report and recommendation. #742-85 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 8, 1985, approved for submission by the Mayor, the Council does hereby amend Item No. 8 of Council Resolution 405-85, adopted on May 22, 1985, so as to reduce the financial assurances now on deposit with the City for the installation of public improvements within the Bicentennial Estates Subdivision No. 2 to $15,000 of which at least $5,000 shall be in cash, to cover the cost of remaining general improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other financial assurances now on deposit with the City with respect to other improvements shall remain the same and unchanged. #743-85 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated August 13, 1985, approved by the Director of Finance and approved for submission by the Mayor, with regard to a 37 month lease with Captec Financial Group of Ann Arbor, Michigan, for a Taylor Freezer Drink Dispenser for a monthly charge of $287.25, the Council does hereby authorize the Mayor and City Clerk to execute for and on behalf of the City of Livonia the aforesaid lease in the manner and form herein submitted, 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. #744-85 RESOLVED, that having considered the report and recommendation of the City Engineer dated August 2, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to Special Assessment Roll #250, for the improvement of Hillcrest, Mason Ct. , Livonia Crescent and Warner Ct. in the B. E. Taylor's Schoolcraft Manor Subdivision Nos. 1 & 2 which was confirmed in Council Resolution 636-84, the Council does hereby determine as follows. (a) To take no further action relative to adjusting the assessment roll as confirmed in Resolution No. 636-84, (b) To establish the final project cost at $270,217.05, of this total , $106,413.17 is to be charged to B.E. Taylor's Schoolcraft Manor Subdivision Nos. 1 & 2 Special Assessment District (#250), and $163,803.88 is to be assumed by the City, 21893 (c) To authorize an expenditure in the amount of $270,217.05 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 ($106,413.17) and the next Motor Vehicle Highway Fund (M.V.H.F. ) Bond Issue ($163,803.88) , and (d) To authorize the City Assessor and City Treasurer to increase the assessments for parcels listed in Attachment IV so as to include the cost for additional drive approach construction requested by property owners. #745-85 RESOLVED, that having considered the report and recommendation of the City Engineer dated August 5, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to Special Assessment Roll #249, for the improvement of certain alleys located (1 ) west of Middlebelt and south of Dover and (2) north of Joy between Middlebelt and Fremont in Section 35, which was confirmed in Council Resolution 635-84, the Council does hereby determine as follows: (a) To take no further action relative to adjusting the assessment roll as confirmed in Resolution No. 635-84, (b) To establish the final project cost at $34,899.21 , of this total , $21 ,549.00 is to be charged to the Section 35 Alley Paving special assessment district (#249), and $13,350 21 is to be assumed by the City, and (c) To authorize an expenditure in the amount of $34,899.21 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 ($21 ,549.00) and the next Motor Vehicle Highway Fund (M V.H.F. ) Bond Issue ($13,350.21 ). #746-85 RESOLVED, that having considered a communication from the Chief of Recreation for the Office of Public Services, Wayne County Department of Parks and Recreation, dated August 14, 1985, requesting permission to close the intersection of Newburgh and Edward Hines Drive and the intersection of Ann Arbor Trail and Edward Hines Drive on September 21 , 1985 for the Detroit Free Press-Wayne County Parks Marathon Training Run and on September 28, 1985 for a triathalon being coordinated by the Plymouth Jaycees, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department. #747-85 RESOLVED, that having considered a communication from the Department of Law dated August 20, 1985, approved by the City 21894 Engineer and the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire Curtis Avenue right-of-way located in the N.W. 1/4 of Section 10 owned by Douglas J. and Peggy A. Sund, and/or any other persons which the title work may show, which land is more particularly described as follows: The South 43 feet of the following parcel of land. The West 138.50 feet of the East 573 feet of the South 300 feet of the N.W. 1/4 of Section 10, T.1S , R.9E. , City of Livonia, Wayne County, Michigan. (Part of Bureau of Taxation Parcel 10U2a1 - Curtis Avenue right-of-way. ) subject to the following conditions (1 ) that the purchase price shall be in the sum of $2,500, (2) that the purchaser shall pay for the cost of title work in the sum of $100, and (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 $30.00 BE IT FURTHER RESOLVED, that a sum not to exceed $2630.00 plus a sum to pay mortgage release fees, if any, is hereby appropriated and authorized to be expended from the City's Motor Vehicle Fund receipts (Local Road Account) for this acquisition, and the City Clerk and the Department of Law are hereby requested to do all things necessary or incidental to the full performance of this resolution. #748-85 RESOLVED, that having considered a communication from the Department of Law, dated August 21 , 1985, approved by the City Engin( -r and the Director of Finance and approved for submission by the Mayor, the Council does hereby amend Council Resolution 541-83 to show that the purchase price be paid to Thomas Skibinski and Ann Skibinski (formerly known as Ann Stacherski ) , and/or any other persons which the title work may show, and further that the cost of the title work authorized shall be $200.00, and that the total sum expended for this parcel shall not exceed $715.85. BE IT FURTHER RESOLVED that all other provisions of Council Resolution 541-83 shall remain in full force and effect. #749-85 RESOLVED, that having considered the report and tip recommendation of the Mayor dated August 21 , 1985, to which is attached a proposed lease between the City of Livonia and David L. Montgomery and Cynthia A. Montgomery for the premises located 21895 at 36434 W. Seven Mile Road, Livonia, Michigan, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this lease 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. #750-85 RESOLVED, that having considered a communication from the City Planning Commission dated August 6, 1985 which transmits its resolution 7-161-85, adopted on July 30, 1985, with regard to Sign Permit Application #1902 submitted by Tampa Tile and Marble/Floral City Florist requesting approval to erect a new awning and two signs on property located at 29217 Seven Mile Road, in the Northwest 1/4 of Section 12, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Application #1902, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission. #751-85 RESOLVED, that having considered a communication from the City Planning Commission dated August 6, 1985 which transmits its resolution 7-163-85, adopted on July 30, 1985, with regard to Sign Permit Application #1918 submitted by Martin Plaza requesting approval to erect a master wall sign on property located at 19580-19598 Middlebelt Road in the Southwest 1/4 of Section 1 , the Council does hereby concur in the recommendation of the Planning Commission and approve Sign Permit Application #1918, subject to compliance with the same condition set forth in the aforesaid action of the Planning Comumission. #752-85 RESOLVED, that having considered a communication from the City Planning Commission dated August 6, 1985 which transmits its resolution 7-164-85, adopted on July 30, 1985, with regard to Sign Permit Application #1919 submitted by Martin Plaza requesting approval to erect a ground sign on property located at 19580-19598 Middlebelt Road in the Southwest 1/4 of Section 1 , the Council does hereby concur in the recommendation of the Planning Commission and approve Sign Permit Application #1919, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission. #753-85 RESOLVED, that having considered a communication from the City Planning Commission dated July 5, 1985, which transmits its resolution 6-129-85, adopted on June 25, 1985, with regard to Petition 85-5-3-5, submitted by Walter J. Mistak, requesting the vacating of an alley located north of Plymouth Road, east of Stark Road in the Southeast 1/4 of Section 28, the Council does hereby concur in the recommendation of the City Planning Commission and does approve and grant the said Petition 85-5-3-5, subject to the retention of a full width easement to protect existing utilities, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. 21896 #754-85 RESOLVED, that having considered a communication from the City Planning Commission dated August 6, 1985, which transmits its resolution 7-153-85 adopted on July 30, 1985 with regard to Petition 85-6-2-19, submitted by Robert Zaschak, requesting waiver use approval to locate general office within an existing building located on the east side of Middlebelt between Six Mile and Grove in the Northwest 1/4 of Section 13, which property is zoned P.S. , the Council does hereby concur in the recomnendation made by the City Planning Commission and Petition 85-6-2-19 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. 1755-85 RESOLVED, that having considered a communication from the City Planning Comrission dated August 14, 1985, which transmits its resolution 8-171-85, with regard to Petition 85-7-2-23, submitted by Kenneth Soble requesting waiver use approval to utilize an SDM license within a drug store proposed to be located on the west side of Middlebelt between Seven Mile Road and Clarita in the Northeast 1/4 of Section 11 , which property is zoned C-1 , the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 85-7-2-23 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, further, the Council does hereby waive the 500' limitation prescribed in Section 10.03(g) of the Zoning Ordinance with respect to this petition #756-85 RESOLVED, that the Council having considered a communication from the City Engineer dated August 1 , 1985, approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 16 24.310 of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Bicentennial Estates Subdivision No 2 located in the Southwest 1/4 of Section 4, T.1S , R 9E. , City of Livonia, Wayne County, Michigan, 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 latoshould be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimates, plans, specifications and recomrendations have been 21897 properly filed by the City Engineer with the City Clerk under date of August 14, 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, October 21 , 1985 at 8.00 P.M. as the date and time for a Public Hearing on the Necessity for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3.08.070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.08.070 of said Code. 1757-85 RESOLVED, that the Council having considered a communication from the City Engineer dated July 31 , 1985, approved for submission by the Mayor, and submitted pursuant to Council Resolution 344-85, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring on Camden Avenue, north of Plymouth Road in the Southwest 1/4 of Section 25, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, 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 August 16, 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, October 21 , 1985 at 8.00 P.M. as the date and time for a Public Hearing on the Necessity for such proposed improvement which public hearing shall be held before the Council in the 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. 1758-85 RESOLVED, that having considered a communication dated August 19, 1985 from Charles E. Lowe, Attorney for Curtis Morgan DBA as Beer and Wine Party Store 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 August 13, 1985 by the City Planning Corm ission in its resolution 8-173-85 with regard to Petition 85-7-2-24 submitted by Marion 21898 Curtis Morgan requesting permission to utilize an SDD license within an existing party store located on the south side of Plymouth Road between Middlebelt and Garden in the Northwest 1/4 of Section 36, the Council does hereby designate Wednesday, October 2, 1985 at 7:30 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, the Zoning Ordinance of the City of Livonia. A roll call vote was taken on the foregoing resolutions with the following results. AYES: McCann, Feenstra, Gundersen, Taylor, Bennett, Ventura, Bishop. NAYS: None. Councilman Taylor took from the table, for second reading and adoption, Lthe following ordinance• AN ORDINANCE ADDING SECTION 145 TO TITLE 10, CHAPTER 66 (VEHICLE EQUIPMENT) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing ordinance with the following result: AYES• McCann, Feenstra, Gundersen, Taylor, Bennett, Ventura, Bishop. NAYS• None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following ordinance 21899 AN ORDINANCE AMENDING SECTION 30 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 84-7-1-19, as amended) A roll call vote was taken on the foregoing ordinance with the following result: AYES: McCann, Feenstra, Gundersen, Taylor, Bennett, Ventura, Bishop. NAYS: None. The President declared the Ordinance duly adopted and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 85-4-3-3) A roll call vote was taken on the foregoing ordinance with the following result: AYES: McCann, Feenstra, Gundersen, Taylor, Bennett, Ventura, Bishop. NAYS: None. The President declared the Ordinance duly adopted and would become effective on publication. Councilman Taylor gave first reading to the following ordinance AN ORDINANCE AMENDING SECTION 021 OF TITLE 9, CHAPTER 4 (OBSTRUCTING OFFICERS AND CITY BUSINESS) 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 . 21900 Councilman Bennett gave first reading to the following ordinance: AN ORDINANCE AMENDING SECTION 020 OF TITLE 2, CHAPTER 44 (COMMISSION ON CHILDREN AND YOUTH) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . Councilman Bennett gave first reading to the following ordinance: AN ORDINANCE AMENDING SECTION 060 OF TITLE 2, CHAPTER 36 (COMMISSION ON AGING) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the LOffice of the City Clerk, and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #759-85 RESOLVED, that having considered a communication from the Mayor dated August 5, 1985, to which is attached a revised payment schedule with respect to the compensation to be paid to members of City commissions and boards and a commissioner compensation policy, the Council does hereby approve such action in the manner and form herein submitted, the same to take effect on and after December 1 , 1985 On a motion by Councilman Feenstra, seconded by Councilman Bennett, and unanimously adopted, it was L1760-85 RESOLVED, that the Council does hereby refer to the Finance and Insurance Committee for its report, the question of whether 21901 or not present compensation received by members of the Zoning Board of Appeals should be revised. On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #761-85 RESOLVED, that having considered a communication from June Racicot, 17640 Stout, Detroit, Michigan 48219, dated August 12, 1985, which pursuant to Section 17.48.170 of the Livonia Code of Ordinances takes an appeal from a denial by the Building Department of a request to move a house from 17640 Stout, Detroit, Michigan to 30656 Seven Mile, the Council does hereby reverse the decision of the Building Department and does hereby grant and approve this request; and the Building Department is hereby requested to do all things necessary or incidental to the full performance of this resolution. On a motion by Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #762-85 RESOLVED, that having considered a communication from the Livonia Historical Commission and the Chairman of the Blue House Committee, dated July 25, 1985, approved for submission by the Mayor, with respect to a proposal from the Livonia Historical Society that the Alexander Blue House be placed on the site plan for Greenmead, wherein the society would accept responsibility for generating funds, relocating, siting, restoring the building and then turning it over to the City of Livonia, the Council does hereby approve the location of the Blue House on the Greenmead site plan in the manner and form herein submitted. On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, it was #763-85 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated June 20, 1985, and the report and recommendation of the Chief of Police dated August 9, 1985 in connection therewith, the Council does hereby approve a request from Joseph F. Bushamie, Jr. , stockholder in BLE, Inc. , to transfer ownership of 1985 Class C license from Uncle Ray's Lounge, Inc. for a business located at 27873-27885 Plymouth Road, Livonia, Michigan 48150; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 21902 On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated June 20, 1985, and the report and recommendation of the Chief of Police dated August 9, 1985 in connection therewith with regard to a request from Joseph F. Bushamie, Jr. , stockholder from Uncle Ray's Lounge, Inc. for a business located at 27873-27885 Plymouth Road, Livonia, Michigan 48150, the Council does hereby refer this item to the Mile Roads Beautification Committee for its report and recommendation. A roll call vote was taken on the substitute resolution with the following result. AYES: Feenstra, Bennett, Bishop. NAYS: McCann, Gundersen, Taylor, Ventura. The President declared the resolution denied. A roll call vote was taken on the original resolution with the following result: AYES McCann, Feenstra, Gundersen, Taylor, Bennett, Ventura, Bishop. NAYS. None. On a motion by Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #764-85 RESOLVED, that the Council does hereby request that Joseph F. Bushamie, Jr. , the proprietor of a business located at 27873-27885 Plymouth Road, Livonia, Michigan 48150, meet with the Mile Roads Beautification Committee in order to discuss improvements which could be made at these premises On a motion by Councilwoman Gundersen, seconded by Councilman Bennett, it was #765-85 RESOLVED, that having considered a communication from the Personnel Director dated August 19, 1985, which bears the signature of the Director of Finance, is approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on August 15, 1985, wherein it is recommended that the following salary rates for the following classifications be established effective October 1 , 1985. 21903 CLASSIFICATION PROPOSED MAXIMUM SALARY City Librarian $43,097.60 Branch Librarian 36,129.60 Librarian III (Assistant Branch Librarian) 31 ,948.80 Librarian II 28,412.80 Librarian I 22,672.00 the Council does hereby concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Feenstra, Gundersen, Taylor, Bennett, Ventura, Bishop. NAYS. None. On a motion by Councilwoman Gundersen, seconded by Councilman McCann, and unanimously adopted, it was 1766-85 RESOLVED, that having considered a communication from the City Planning Commission dated August 6, 1985, which transmits its resolution 7-162-85, adopted on July 30, 1985, with regard to Sign Permit Application #1735, submitted by the Family Dentistry of Livonia, requesting approval to erect a ground sign on Five Mile Road in the Southwest 1/4 of Section 15, the Council does hereby concur in the recommendation of the Planning Commission and approve Sign Permit Application #1735, subject to compliance with the same conditions set forth in the aforesaid action of the Planning Commission, as well as the additional condition that the sign shall have a maximum height of no more than 6' . On a motion by Councilman Feenstra, seconded by Councilman McCann, it was #767-85 RESOLVED, that having considered a communication from the City Planning Commission dated August 8, 1985, which transmits its resolution 8-168-85 adopted on August 6, 1985 with regard to Petition 85-7-2-21 , submitted by John Strauch, requesting waiver use approval to construct a restaurant and bakery on the west side of Farmington Road, north of Schoolcraft Service Drive in the Southeast 1/4 of Section 21 , which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 85-7-2-21 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 with the exception, however, that this approval does not include approval of a site plan, the same being referred to the City Planning Department for its report and recommendation. LA roll call vote was taken on the foregoing resolution with the following result:21904 AYES: McCann, Feenstra, Gundersen, Taylor, Ventura, Bishop. NAYS: Bennett. The President declared the resolution adopted. On a motion by Councilwoman Gundersen, adopted by Councilman Bennett, it was #768-85 RESOLVED, that having considered a communication from the City Planning Commission dated August 14, 1985, which transmits its resolution 8-174-85 adopted on August 13, 1985 with regard to Petition 85-7-2-26, submitted by Southland Corporation requesting waiver use approval to utilize an SDM License within a party store proposed to be located on the northwest corner of Plymouth and Merriman Roads in the Southeast 1/4 of Section 27, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 85-7-2-26 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: McCann, Gundersen, Bennett, Bishop. NAYS. Feenstra , Taylor, Ventura. The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #769-85 RESOLVED, that having considered a communication from the City Planning Commission dated August 14, 1985, which transmits its resolution 8-178-85 adopted on August 13, 1985 with regard to Petition 85-8-2-28, submitted by Pulice Brothers requesting waiver use approval to utilize a proposed office building on the west side of Hubbard Road between Five Mile Road and Roycroft in the Southwest 1/4 of Section 15, which property is zoned P.S. , the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 85-8-2-28 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission: 21905 1 . There shall be added three shade trees a minimum of three inches caliper size to be planted within the median area and between the proposed drive and the existing drive on the west side of the right-of-way of Hubbard Avenue. 2. There shall be no outside storage of trash and all trash handled is to be internal to the building. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was RESOLVED, that having considered the report and recommendation of the City Engineer dated August 2, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the contract which was awarded to A.A. Dettore & Associates, Inc. , in the amount of $269,678.99, pursuant to Council Resolution 637-84 for the B.E. Taylor's Schoolcraft Manor Subdivision Nos. 1 & 2 and Section 35 Alley Improvement Paving Project, the Council does hereby determine as follows: (a) To authorize an increase in the contract with A.A. Dettore & Associates, Inc. from $264,678 94 to $272,838.39, (b) Appropriate an additional $8,159.40 from the $7.9 Million General Obligation Road Improvement Bond Issue with the provisions that (1 ) the Bond Issue be reimbursed for that portion of the project which is to be financed by special assessments at such time as funds are available from a future special assessment bond issue and (2) the bond issue be reimbursed for the City's portion of the project at such time as funds are available from the next Motor Vehicle Highway Fund Bond Issue; and (c) to deny the claim of Ralph W. Newkirk and Joyce M. Newkirk, his wife, 14001 Hillcrest, Livonia, Michigan 48154, in the amount of $1 ,080.96. On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, it was RESOLVED, that the foregoing resolution be amended so as to authorize a payment in the amount of $ 540 to Ralph W. Newkirk and Joyce M. Newkirk, his wife, 14001 Hillcrest, Livonia, Michigan 48154. 21906 A roll call vote was taken on the resolution to amend with the following result• AYES Gundersen, Ventura. NAYS McCann, Feenstra, Taylor, Bennett, Bishop. The President declared the resolution denied. On a motion by Councilman Bennett, seconded by Councilwoman Gundersen, it was #770-85 RESOLVED, that the foregoing resolution be amended so as to retain the sum of $1 ,000 until such time as the claim of Ralph W. Newkirk and Joyce M. Newkirk, his wife, 14001 Hillcrest, Livonia, Michigan 48154, has been resolved. A roll call vote was taken on the resolution to amend with the following result AYES Ventura, Gundersen, Bennett, Bishop. NAYS McCann, Feenstra, Taylor. The President declared the amendment adopted. A roll call vote was taken on the principal resolution, as amended, which was motioned by Councilman Feenstra, seconded by Councilman Taylor, as follows #771-85 RESOLVED, that having considered the report and recommendation of the City Engineer dated August 2, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the contract which was awarded to A.A. Dettore & Associates, Inc. , in the amount of $269,678.99, pursuant to Council Resolution 637-84 for the B.E. Taylor's Schoolcraft Manor Subdivision Nos. 1 & 2 and Section 35 Alley Improvement Paving Project, the Council does hereby determine as follows (a) To authorize an increase in the contract with A. A. Dettore & Associates, Inc. from $264,678.94 to $272,838.39, (b) Appropriate an additional $8,159.40 from the $7.9 Million General Obligation Road Improvement Bond Issue with the provisions that (1 ) the Bond Issue be reimbursed for that portion of the project which is to be financed by special assessments at such time as funds are available from a future special assessment bond issue and (2) the bond issue be reimbursed for the City's portion of the project at such time as funds are available from the next Motor Vehicle Highway Fund Bond Issue, and 21907 (c) Retain the sum of $1 ,000 until such time as the claim of Ralph W. Newkirk and Joyce M. Newkirk, his wife, 14001 Hillcrest, Livonia, Michigan 48154, has been resolved. A roll call vote was taken on the amended resolution with the following result: AYES: McCann, Gundersen, Taylor, Bennett, Ventura, Bishop. NAYS• Feenstra. The President declared the resolution, as amended, adopted On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, it was #772-85 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 263 for the proposed improvement consisting of the placement of approximately 4" of asphalt over existing roadway (approximately 20' to 22' wide) , Alternate IV, on Milburn (Pembroke to South of Gable); Bretton, Haldane and Gable (Sunset to Flamingo), St. Martins (Sunset to Milburn), and Sunset (North and South of St. Martins) in the Southwest 1/4 of Section 2, T. 1S. , R 9E. , City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, August 26, 1985 at 8 00 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 263, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT. (1 ) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated July 16, 1985, in the amount of $88,158.60, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council , (2) Said Special Assessment Roll No 263 is hereby approved and confirmed in all respects, 21908 (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of eight (8%) percent per annum on the unpaid balance of the assessment from the date of confirmation. Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds in anticipation of the collection of the unpaid assessments on the said special assessment roll , said rate of interest shall be adjusted to a rate which is not more than 1% above the average rate of interest borne by said bonds. In such cases where the installments will be less than Ten Dollars ($10) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10) as possible. The first installment shall be due and payable December 1 , 1986 and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll , and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 3.08.190 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 3.08.190. Any property owner assessed may, within sixty (60) days from December 1 , 1985 pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1986 City tax roll in the manner required by Section 3.08.210 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from December 1 , 1985 and thereafter one (1 ) installment shall be spread upon each annual tax roll together with one (1 ) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 3.08.200 or after the expiration of the sixty (60) day period as provided by Section 3.08.220 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments, and (6) The City Council does hereby determine to pay 6.58% of the paving costs ($7,396.80) and 100% of the drainage costs ($16,862.72) for a total amount of $112,418.12. 21909 roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Feenstra, Gundersen, Taylor, Bennett, Ventura, Bishop. NAYS: None. Councilman Ventura offered an approving resolution for the proposed street improvement of Fairfield Drive, south of Six Mile Road, in Section 15 which failed for lack of support. On a motion by Councilman Taylor, seconded by Councilman Bennett, it was #773-85 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 16, 1985 pursuant to Council Resolution 1044-84 adopted on December 10, 1984 and in accordance with the provisions of Section 3 08.060 of Title 3, Chapter 8 of the Livonia Code of ordinances, as amended, containing a report with regard to the proposed improvement of Fairfield and Mayfield Drives, south of Six Mile Road, City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on August L 26, 1985 pursuant to Council Resolution 630-85, after due notice as required by Title 3, Chapter 8 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for the proposed improvement. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Gundersen, Taylor, Bennett, Bishop NAYS McCann, Feenstra. The President declared the resolution adopted On a motion by Councilman Bennett, seconded by Councilman Taylor, it was #774-85 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 25, 1985, which L 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 A.A. Dettore & Associates for the 1985 Section 21910 2 S.A.D. Paving Program on the basis of Proposal B (Alternate IV) for the estimated total cost of $88,097.40, based upon the Engineering Division'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 lowest bid received for this item; FURTHER, the Council does hereby authorize an appropriation in the contract amount from the $7.9 Million General Obligation Road Improvement Bond Issue with the provisions that (1 ) the bond issue be reimbursed for that portion of the project which is to be financed by special assessment at such time as funds are available from a future special assessment bond issue and (2) the bond issue be reimbursed for the City's portion of the project at such time as funds may be available from the next motor vehicle highway fund bond issue, and the City Engineer is hereby authorized to approve minor adjustments in the work as completed, and 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: McCann, Feenstra, Gundersen, Taylor, Bennett, Ventura, Bishop. NAYS: None. On a motion by Councilman McCann, seconded by Councilman Feenstra, it was /775-85 RESOLVED, that having considered a communication from the City Planning Commission, dated July 3, 1985 which sets forth its resolution 6-122-85 adopted on June 25, 1985 with regard to Petition 85-5-1-12 submitted by the City Planning Commission for a change of zoning on property located on the east side of Haggerty Road between Seven and Eight Mile Roads in the West 1/2 of Section 6 from RUF, M-1 and C-2 to P.O. , and the Council having conducted a public hearing with regard to this matter on August 21 , 1985, pursuant to Council Resolution 628-85, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 85-5-1-12 is hereby approved and granted, including lands lying north of Phillips Road; 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. 21911 AYES: McCann, Feenstra, Gundersen, Taylor, Bennett, Ventura, Bishop. NAYS: None. On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, it was #776-85 RESOLVED, that having considered a communication from the City Planning Commission, dated July 3, 1985 which sets forth its resolution 6-123-85 adopted on June 25, 1985 with regard to Petition 85-5-1-13 submitted by the City Planning Commission for a change of zoning on property located on the west side of Inkster Road, south of Six Mile Road in Section 13 from C-1 to R-2, and the Council having conducted a public hearing with regard to this matter on August 21 , 1985, pursuant to Council Resolution 628-85, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 85-5-1-13 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 prepared an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. 11111 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Feenstra, Gundersen, Taylor, Bennett, Ventura, Bishop. NAYS. None. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was 1777-85 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from TnT-EDM, Inc. , dated July 15, 1985, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 26, 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 TnT-EDM, Inc. , 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 7:00 P.M. , Wednesday, August 21912 L. 21 , 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, TnT-EDM, Inc. , 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 TnT-EDM, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 26 for seven years. flowOn a motion by Councilman McCann, seconded by Councilman Ventura, it was RESOLVED, that the foregoing resolution be amended to approve the Application for Industrial Facilities Exemption Certificate from TnT-EDM, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No. 26 for ten years A roll call vote was taken on the resolution to amend with the following result. AYES: McCann, Ventura, Bishop. NAYS. Feenstra, Gundersen, Taylor, Bennett. The President declared the amendment denied. A roll call vote was taken on the original resolution with the following result AYES McCann, Feenstra, Taylor, Bennett, Ventura, Bishop NAYS: Gundersen. The President declared the resolution adopted On a motion by Councilman Ventura seconded by Councilwoman Gundersen, 21913 and unanimously adopted, it was #778-85 RESOLVED, that having considered a communication from the City Librarian dated July 31 , 1985, approved by the Director of Finance and approved for submission by the Mayor and which transmits a resolution adopted by the Library Commission with respect to the following donations. (a) A $50 cash donation from the Detroit West Suburban Alumnae Chapter of Delta Gamma, (b) Cash donations of $30 from Mrs Bernice C. Szewc, $100 from the Livonia Artists Club and $100 from the Western Wayne County Genealogy Society, (c) A donation of 23 books on the martial arts from Bobby Myers; (d) A donation of 5 microfiche readers from AT&T; and (e) Donations of 1 bulletin board, 2 literature display racks, and 2 display units for video cassettes from the Friends of the Library, the Council does, for and on behalf of the City of Livonia, accept the foregoing gifts and donations. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #779-85 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated August 13, 1985, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept a cash donation in the amount of $1 ,200 from the Livonia Junior Football League which is intended to be used for the proposed Press Box Control Booth at Ford Field. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 1780-85 RESOLVED, that having considered a communication dated August 15, 1985, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as: Grant of Easement dated July 10, 1985, executed by James Blain, General Partner, Quakertown Limited Partnership for Cambridge Center Limited Partnership, a Michigan Partnership, for: 21914 A 20 toot wide sanitary sewer easement the centerline of which is more particularly described as follows: Commencing at the N.E. Corner of Lot 22, Quakertown Subdivision No. 1 , as recorded in Liber 98, Pages 85 thru 88 of Wayne County Records, said subdivision being a part of the N.W. 1/4 of Section 18, 1.1S. , R.9E. , City of Livonia, Wayne County, Michigan, and proceeding thence N. 89°45'13" W. along the North line of said Lot 22 a distance of 60.00 feet to the point of beginning of the centerline of said 20 foot wide sanitary sewer easement• Thence N. 24°06'36" W. a distance of 172.00 feet to a point; Thence N. 29°45'13" W. a distance of 389.70 feet to a point; Thence N. 00°14'47" E. a distance of 54.00 feet to a point on the Southwesterly line of the I-96 (275) Expressway and point of ending. the Council does hereby for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Councilman Bennett, seconded by Councilman Taylor, and unanimously adopted, it was #781-85 RESOLVED, that the Council does hereby remove from the table for further consideration at this time the matter of the transfer of a SDM license for Drugland, Inc. located at 29493 W. Seven Mile, Livonia, Michigan 48152. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #782-85 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated April 15, 1985 and the report and recommendation of the Chief of Police dated July 2, 1985 in connection therewith, the Council does hereby approve of the request from Drugland of Livonia, Inc. , a Michigan Corporation, for transfer of location of a 1984 SDM licensed business from 29493 W. Seven Mile Road, Livonia, Michigan 48152, Wayne County, to 18975 Middlebelt, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 21915 11, On a motion by Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #783-85 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 Ventura, seconded by Councilwoman Gundersen, and unanimously adopted, it was #784-85 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment and to revitalize the City's economy, and to assist industrial and commercial enterprises, and to encourage the location, expansion or retention of industrial and commercial enterprises to provide needed services and facilities to the City and its residents and to retain employment opportunities in the City, and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation") , and WHEREAS, the Corporation in conformity with Act 338 of the Public Acts of Michigan, 1974, as amended ("Act 338") , and the Internal Revenue Code of 1954, as amended, has prepared and submitted a project plan (the "Project Plan") involving a commercial project to be undertaken on behalf of Apostolic Christian Woodhaven (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 THAT. 1 . Pursuant to the aforesaid Act 338 the City Council shall meet on September 18, 1985 at 7.45 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) conspicuous and public places in the project district area, and (3) mailing to the last known owner 21916 Imo 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 BY THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF LIVONIA FOR APOSTOLIC CHRISTIAN WOODHAVEN PROJECT PLEASE TAKE NOTICE that pursuant to Act 338 of the Public Acts of Michigan of 1974, as amended, The Economic Development Corporation of the City of Livonia has submitted a project plan to the City Council for its approval . Said project plan deals with the construction and equipping of a 30,000 square foot home for the aged facility to be owned by Apostolic Christian Woodhaven, to be used by Apostolic Christian Woodhaven, and to be located on a project area or site described as follows: CHURCH DESCRIPTION PART OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWN 1 SOUTH, RANGE 9 EAST, CITY OF LIVONIA, WAYNE COUNTY, MICHIGAN AND BEING DESCRIBED AS: COMMENCING AT THE EAST QUARTER POST OF SECTION 14, THENCE SOUTH 01 DEGREES 11 MINUTES 00 SECONDS WEST 663.60 FEET ALONG THE EAST LINE OF SECTION 14 TO THE CENTERLINE OF WENTWORTH AVENUE, BEING THE SOUTH LINE OF SUPERVISOR'S LIVONIA PLAT NO. 4; THENCE NORTH 88 DEGREES 39 MINUTES 30 SECONDS WEST 310.00 FEET ALONG THE CENTERLINE OF WENTWORTH AVENUE (60.00 FEET WIDE), THENCE SOUTH 01 DEGREES 11 MINUTES 00 SECONDS WEST 30 00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUING SOUTH 01 DEGREES 11 MINUTES 00 SECONDS WEST 297 76 FEET THENCE NORTH 88 DEGREES 38 MINUTES 50 SECONDS WEST 549.43 FEET. THENCE NORTH 01 DEGREES 17 MINUTES 10 SECONDS EAST 297.65 FEET TO THE SOUTH RIGHT OF WAY LINE OF WENTWORTH AVENUE THENCE SOUTH 88 DEGREES 39 MINUTES 30 SECONDS EAST 548.90 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF WENTWORTH AVENUE TO THE POINT OF BEGINNING. CONTAINING 163,490 SQUARE FEET OR 3.753 ACRES, MORE OR LESS. 21917 SUBJECT TO ANY AND ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR OTHERWISE. HOUSING DESCRIPTION PART OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWN 1 SOUTH, RANGE 9 EAST, CITY OF LIVONIA, WAYNE COUNTY, MICHIGAN AND BEING DESCRIBED AS: COMMENCING AT THE EAST QUARTER POST OF SECTION 14, THENCE SOUTH 01 DEGREES 11 MINUTES 00 SECONDS WEST 663.60 FEET ALONG THE EAST LINE OF SECTION 14 TO THE CENTERLINE OF WENTWORTH AVENUE, BEING THE SOUTH LINE OF SUPERVISOR'S LIVONIA PLAT NO. 4, THENCE NORTH 88 DEGREES 39 MINUTES 30 SECONDS WEST 310.00 FEET ALONG THE CENTERLINE OF WENTWORTH AVENUE (60.00 FEET WIDE), THENCE SOUTH 01 DEGREES 11 MINUTES 00 SECONDS WEST 30.00 FEET. THENCE NORTH 88 DEGREES 39 MINUTES 30 SECONDS WEST 548.90 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF WENTWORTH AVENUE TO THE POINT OF BEGINNING THENCE SOUTH 01 DEGREES 17 MINUTES 10 SECONDS WEST 297.65 FEET• THENCE NORTH 88 DEGREES 38 MINUTES 50 SECONDS WEST 100.00 FEET: THENCE SOUTH 01 DEGREES 17 MINUTES 10 SECONDS WEST 33.45 FEET. THENCE NORTH 88 DEGREES 39 MINUTES 30 SECONDS WEST 400.00 FEET: THENCE NORTH 01 DEGREES 17 MINUTES 10 SECONDS EAST 331 .06 FEET TO THE SOUTH RIGHT OF WAY LINE OF WENTWORTH AVENUE EXTENDED WEST• THENCE SOUTH 88 DEGREES 39 MINUTES 30 SECONDS EAST 500.00 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF WENTWORTH AVENUE TO THE POINT OF BEGINNING. CONTAINING 162,195 SQUARE FEET OR 3.724 ACRES, MORE OR LESS. SUBJECT TO ANY AND ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR OTHERWISE. The street address of the facility is 29667 Wentworth, Livonia, Michigan 48154 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 $2,500,000 to assist in the financing of said project. The City Council will meet at 7.45 o'clock p.m. , Wednesday, the 18th day of September, 1985, 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's approving, modifying or rejecting by resolution said project plan and the issuance of bonds as proposed therein. 21918 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 City Clerk 4. The City Council does hereby determine that the foregoing form of notice and the manner of publication directed is adequate notice to the citizens of the City and is well calculated to inform them of the intention of the City 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. Councilman Bennett made the following motion RESOLVED, that having considered a communication from the City Planning Commission, dated July 3, 1985 which sets forth its resolution 6-120-85 adopted on June 25, 1985 with regard to Petition 85-3-1-10, as amended, submitted by Norman Akarakcian for a change of zoning of property located on the south side of Eight Mile Road, east of Middlebelt Road in the Northwest 1/4 of Section 1 from RUF to P.S. , and the Council having conducted a public hearing with regard to this matter on August 26, 1985, pursuant to Council Resolution 627-85, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 85-3-1-10, as amended, 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. L The foregoing motion failed for lack of support. On a motion by Councilman McCann, seconded by Councilman Feenstra, and 21919 inanimously adopted, it was #785-85 RESOLVED, that having considered a communication from the City Planning Commission, dated July 3, 1985, which sets forth its resolution 6-120-85 adopted on June 25, 1985 with regard to Petition 85-3-1-10, as amended, submitted by Norman Akarakcian for a change of zoning on property located on the south side of Eight Mile Road, east of Middlebelt Road in the Northwest 1/4 of Section 1 from RUF to P.S. , and the Council having conducted a public hearing with regard to this matter on August 28, 1985, pursuant to Council Resolution 627-85, the Council does hereby refer this item to the Study Session to be conducted on September 4, 1985 for further consideration. On a motion by Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #786-85 RESOLVED, that having considered a communication from the City Planning Commission, dated July 3, 1985, which sets forth its resolution 6-121-85 adopted on June 25, 1985, with regard to Petition 85-5-1-11 , submitted by John D. Dinan for a change of zoning on property located on the Southwest corner of Eight Mile Road and Gill Road in the Northwest 1/4 of Section 4 from RUFB to P.S. and P. , and the Council having conducted a public hearing with regard to this matter on August 26, 1985 pursuant to Council Resolution 627-85, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 85-5-1-11 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. On a motion by Councilman Ventura, seconded by Councilman Bennett, it was 11787-85 RESOLVED, that the Council does hereby request that the Department of Law submit its report and recommendation regarding whether or not it would be possible at this time to avoid being held in contempt in the event the City sought to rezone property which was previously rezoned to the C-2 zoning classification as a result of a consent judgment entered by the Honorable Theodore R. Bohn on December 12, 1977, in the case of Livonia Associates v City of Livonia , Wayne County Circuit Court Case #76-620954-CE. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Gundersen, Taylor, Bennett, Ventura. NAYS. Feenstra, Bishop. 21920 The President declared the resolution adopted. On a motion by Councilman Ventura, seconded by Councilman Feenstra, and unanimously adopted, it was #788-85 RESOLVED, that having considered a letter from the Race Course Development Executive for Ladbroke Racing Corporation, 28001 Schoolcraft, Livonia, Michigan 48150, dated August 27, 1985, to which is attached an application for a fireworks display permit submitted pursuant to 1968 PA 358 for a fireworks display to be held at Ladbroke DRC on Sunday, September 1 , 1985 at 10.30 P.M. , which display will be organized and fired by Pyrotechniques, Ltd. , the Council does hereby approve of the fireworks display in the manner and form herein requested, subject to liability insurance in the amount of $2,000,000 00 being provided through Pyrotechniques, Ltd. On a motion by Councilman McCann, seconded by Councilwoman Gundersen, and unanimously adopted, this 1061st Regular Meeting of the Council of the City of Livonia impwas adjourned at 9:50 P.M. , August 28, 1985. 1,141- 1144°‘ —Ro.ert F. Nash, City Clerk