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HomeMy WebLinkAboutCOUNCIL MINUTES 1985-07-24 21806 MINUTES OF THE ONE THOUSAND AND FIFTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 24, 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. Councilman Bennett delivered the invocation Roll was called with the following result: Robert R. Bishop, Robert D Bennett, Peter A. Ventura, Robert E. McCann, Fernon P Feenstra, Alice Gundersen and Gerald Taylor. Absent. None. Elected and appointed officials present: Mayor Edward H. McNamara, Robert F. Nash, City Clerk, Harry Tatigian, City Attorney, Jack Dodge, Director of Finance, John Nagy, Planning Director, G. E. Siemert, City Engineer; Russell A. Gronevelt, Director of Public Works; Ron Mardiros, City Assessor, Edith Davis, Personnel Director, Suzanne Wisler, Director of Community Resources, Marilyn Kazmer, Director of the Department of Legislative Affairs; H. Shane, Assistant Planning Director; Ronald R. Reinke, Superintendent of Parks and Recreation, Michael Reiser, Facility Maintenance Supervisor, David Katz, Administrative Assistant to the Mayor, Jeanne Hildebrandt, Planning Commission and Kenneth Miencier, Zoning Board of Appeals. By Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted*, it was #605-85 RESOLVED, that the minutes of the 1 ,058th Regular Meeting of the Council of the City of Livonia, held July 10, 1985, are hereby approved. *Councilman Feenstra abstained from voting which is recorded as a "Yes" vote under the provision of Section 2-119 of the Livonia Code of Ordinances On a motion unanimously introduced, supported and adopted, it was #606-85 WHEREAS, HARRY E WOLFE, a lifelong Livonia resident, recently passed away at the age of 68, and 21807 WHEREAS, during the course of his life, he was a highly successful realtor and played a major part in the City of Livonia's growth and development, including the building of the original City Hall at Five Mile and Farmington Roads, and the developing of various subdivisions in the City, such as Livonia Hills and Livonia Gardens, and WHEREAS, he was one of the founders of the Livonia Bank, now Michigan National Bank-West Metro, and a charter member of the Board of Directors of the bank; and WHEREAS, he was a past president and charter member of the Livonia Rotary Club and a member of the Elks Club, Meadowbrook Country Club, and St. Matthews United Methodist Church, and WHEREAS, he will be sorely missed by his family, friends, associates, and the Livonia community, NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Livonia deems it fitting at this time to record its sorrow upon the passing of a respected citizen and friend and to join with his family and the community in mourning the lost of Harry E. Wolfe. Mayor Edward H. McNamara presented an award to the Honorable Robert F. Nash, City Clerk, for 25 years of public service to the City of Livonia. The following resolutions were offered by Councilwoman Gundersen and seconded by Councilman Bennett #607-85 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated June 17, 1985, which bears the signature of the Director of Finance, is approved by the Director of Public Safety and is approved for submission by the Mayor, the Council does hereby accept the bid of West Shore Services, Inc. , 7497 Warner Road, Saline, Michigan 48176, for supplying the Fire Department with Firefighter Bunker Pants, for the total sum of $10,578 75, the same having been in fact the lowest bid received and meets specifications, further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $10,578.75 from the 1968 Fire Department Bond Issue for this purpose #608-85 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated June 17, 1985, which bears the signature of the Director of Finance, is approved by the Director of Public Safety and is approved for submission by the Mayor, the Council does hereby accept the bid of Parks Installation Company, 21808 4901 McCarthy Drive, Milford, Michigan 48042, for the purchase and installation of a Fiberglass Diesel Fuel Tank to be located at Fire Station #5 on Middlebelt, South of Seven Mile Road, for the sum of $4,750, the same having been in fact the only bid received and meets specifications, further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $4,750 from the 1968 Fire Department Bond Issue for this purpose. #609-85 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 9, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Frank Sinelli Cement Company, 19404 Gerald Avenue, Northville, Michigan 48167, for the 1985 Sidewalk Repair Program for the estimated total cost of $117,590, 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 appropriate a sum not to exceed $117,590 from the $7.9 Million General Obligation Road Improvement Bond Issue to cover the City's share, with the provision that the Bond Issue be reimbursed at such time as funds are subsequently received from the payment of bills and assessments by affected property owners and school districts, 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. #610-85 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 9, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Frank Sinelli Cement Company, 19404 Gerald Avenue, Northville, Michigan 48167 for the 1985 Pavement Repair Program (#85-J), for the estimated total cost of $90,259, 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, and the City Engineer is hereby authorized to approve minor adjustments in work as necessary, 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. #611-85 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated July 1 , 1985, which bears the signature of the Director of Finance, is approved by the Director 21809 of Public Safety and is approved for submission by the Mayor, the Council does hereby authorize the Fire Division and the Department of Finance to do all things necessary to prepare specifications and advertise in order to take competitive bids for the interior painting of Fire Station #1 , Station #3, Station #5 and Station #6. #612-85 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 20, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of $900.00 from McDowell and Associates, 10659 Galaxie, Ferndale, Michigan 48220, for the sale by the City of Livonia of a Troxler 2401 Model Surface Moisture Density Gauge, the same having been in fact the only offer to purchase received with respect to this item, and the Director of Finance is hereby requested to do all things necessary or incidental to the full performance of this resolution. #613-85 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 26, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the 1984 Miscellaneous Street Improvement Program (Contract 84-G) , which project has now been completed, the Council does hereby authorize increasing the amount of the contract between the City of Livonia and the Thompson McCully Company, previously authorized in Council Resolution 701-84, from $216,339.29 to $241 ,132.97, and the Council does hereby appropriate and authorize the expenditure of an additional $24,793.68 from the 7.9 Million Dollar General Obligation Road Improvement Bond Issue with the provision 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. #614-85 RESOLVED, that having considered a communication from the City Engineer, dated July 1 , 1985, approved for submission by the Mayor, recommending that the City dedicate and establish a certain water main easement through the City-owned Golfview Parksite, the Council does hereby determine to dedicate and establish for water main purposes only the following described easement. The West 20 feet of the East 27.50 feet of the following parcel of land: The West 360 feet of the South 1/2 of the N.E. 1/4 of the S.E. 1/4 of Section 14, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, except the North 331 .06 feet thereof. (Part of Bureau of Taxation Parcel 14V1b2, W1b2) 21810 and does further request that the Wayne County Bureau of Taxation record such easement dedication on all maps issued by that office, and further, the City Clerk is hereby requested to have a certified copy of this resolution recorded at the office of the Wayne County Register of Deeds. #615-85 RESOLVED, that having considered a communication from the City Engineer, dated July 9, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the 1984 Sidewalk Repair Program (84-E), wherein pursuant to Council Resolution 615-84 a contract was awarded to the Grimaldi Concrete Company, with respect to which numerous homeowners have requested that the contractor replace more sidewalk than was originally required by the City, the Council does hereby (1 ) authorize an increase in the contract amount from $108,390.00 to a sum not to exceed $150,000.00, subject to final payment being made on the basis of actual units of work completed and in accordance with the bid unit prices and (2) authorize an increase in the amount advanced from the 7.9 Million Dollar General Obligation Road Improvement Bond Issue from $108,390 00 to a sum not to exceed $150,000 00 with the provision that the Bond Issue be reimbursed at such time as funds are subsequently received from the payment of bills and assessments by affected property owners. #616-85 RESOLVED, that having considered a communication from the Cable Television Commission, dated July 1 , 1985, approved for submission by the Mayor, and which transmits its resolution 45-85, wherein the Commission recommends continuance of the "Working Channel" through December 31 , 1985, the Council does hereby grant and approve the aforesaid request, in accordance with Section 5-1813(d) of the Cable Television Franchise Ordinance. #617-85 RESOLVED, that having considered a communication from the Director of Community Resources, dated July 1 , 1985, approved by the Director of Finance and the Mayor, the Council does hereby accept a grant in the amount of $3,000.00 from the Michigan Office of Services to the Aging, the purpose of which is to purchase ten fold-up tables for use at the Five Mile Senior Citizen Center. #618-85 RESOLVED, that having considered a communication from the Mayor, dated June 27, 1985, to which is attached a letter from the Director of The Senior Alliance, dated June 20, 1985, wherein a request is submitted for a matching contribution for federal and state grants for fiscal year 1985 in the amount of $3,144.00, the Council does hereby appropriate and authorize the expenditure of the sum of $3,144.00 from the Unexpended Fund Balance Account for this purpose. #619-85 RESOLVED, that having considered a communication from the Mayor, dated July 2, 1985, submitted pursuant to Council Resolution 347-85, with regard to the use of auxiliary police at the 3rd Antique Auto Show at Greenmead on Sunday, July 14, 1985, 21811 the cost of which is estimated to be in the amount of $148.20, the Council does hereby waive the aforesaid fees and costs in the manner herein requested. #620-85 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated July 9, 1985, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize and grant permission to the Parks and Recreation Commission, on behalf of the Friends of the Barn, to conduct an Ethnic Festival at the Wilson Barn property on August 16, 17, 18, 1985, and all license and inspection fees with regard to the event are hereby waived, further, the Council does hereby defer taking action with respect to the waiver of fees for Police or Public Service Division employees for services until such time as a subsequent request in this regard is submitted. #621-85 WHEREAS, Act 223, P.A. 1909, as last amended by Act 196, P.A 1970, provides for the conveyance of State-owned tax-reverted lands to municipal units for public purposes, and WHEREAS, such lands are under the jurisdiction of the State of Michigan, Department of Natural Resources, and are available for acquisition under the provisions of the above mentioned Act Such property described as follows. 46 013 01 0397 000 Lot 397, Windridge Village Sub. No 3 46 064 01 0145 000 Lot 145 & adj vac pt of Fordson Hwy, also Lots 146, 147 & 148. Also the S. 1/2 adj vac alley Coventry Gardens Sub. 46 099 99 0013 000 Part of SW 1/4 Sec 25 T1S. , R9E, Beg S87D 13M E 663.65 ft & N2D 54M 30S E 942 ft from SW Cor Sec 25 TH N2D 54M 30S E 60.0 ft TH S87D 13M E 195 ft TH S2D 54M 30S W 60 ft TH N87D 13M W 195 ft to POB 46 121 02 0036 000 Lot 36, Horton's Newburgh Sub. 46 091 01 0031 003 The S. 35 10 ft. of W pt Lot 31 meas 67 89 ft on N line & 67.80 ft on S line B E Taylor's Schoolcraft Manor Sub. 46 132 02 0025 002 Lot 25 exc the E 113 ft thereof, Valley Rouge Sub ilp46 133 03 0996 000 Lot 996, Rosedale Gardens No 4 46 133 03 0997 000 Lots 997 & 998, also S 1/2 of Lot 999, Rosedale Gardens No 4 21812 46 134 05 1915 001 The S 40 ft of Lot 1915, Rosedale Gardens No 11 WHEREAS, the City of Livonia desires to acquire said land for purposes of urban renewal . NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia is authorized to make application to the State of Michigan, Department of Natural Resources, Lands Division, for conveyance of said land to the City of Livonia for the statutory fee of $90.00, plus the State's maintenance costs, if any, and FURTHER, BE IT RESOLVED, that the City of Livonia shall set up necessary procedures and controls to provide for the proper distribution of funds arising from the subsequent sale of the acquired property in conformity with the above mentioned acts. #622-85 RESOLVED, that having considered a communication from the Michigan Municipal League, dated June 19, 1985, regarding the annual meeting of the members of the Michigan Municipal League to be held in Flint, Michigan, September 11-13, 1985, the Council does hereby designate Mayor Edward H. McNamara as the official representative, and/or an alternate representative to be selected by Edward H. McNamara, to represent the City of Livonia at the aforesaid Michigan Municipal League Meeting, and the City Clerk is hereby requested to transmit a certified copy of this resolution with the attached card to the Michigan Municipal League. #623-85 WHEREAS, New Bra-Con Industries, Inc. , a wholly owned subsidiary of Allegheny International , is presently doing business and conducting operations in the City of Livonia, Michigan in leased premises at 12053 Levan Road, and WHEREAS, New Bra-Con Industries, Inc. requires larger facilities for its operations, desires to lease, and WHEREAS, New Bra-Con Industries, Inc has considered lease sites in the City of Livonia, Michigan and none have proved suitable for New Bra-Con Industries, Inc. 's needs; and WHEREAS, New Bra-Con Industries, Inc. , when unable to locate a lease site, located an appropriate site within the Charter Township of Plymouth, and WHEREAS, the Charter Township of Plymouth, Michigan desires New Bra-Con Indsutries, Inc. to relocate to the subject site located within its corporate boundaries and has advised New Bra-Con Industries, Inc. that it shall grant certain tax abatements to New Bra-Con Industries, Inc. in connection with New Bra-Con Industries, Inc. 's planned project, and WHEREAS, as a precondition to such tax abatements the City of Livonia, Michigan must consent to a transfer of employment 21813 in connection with New Bra-Con Industries, Inc. 's relocation; and WHEREAS, New Bra-Con Industries, Inc. has offered continuous employment to its employees presently working at its facilities in the City of Livonia, Michigan, expects a high continuation rate and anticipates that the facilities presently leased by it in the City of Livonia, Michigan can be readily subleased and that therefore there should not result any permanent decline in the employment in the Livonia area, and WHEREAS, New Bra-Con Industries, Inc. has petitioned and requested the Livonia City Council to give its consent as aforesaid. NOW, THEREFORE, be it resolved that the Livonia City Council does hereby consent to a transfer of employment in connection with the intended location of New Bra-Con Industries, Inc. 's operations at 12053 Levan Road, Livonia, Michigan to the Charter Township of Plymouth, Michigan as required pursuant to Public Act 198 of 1974, as amended. #624-85 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 ownership of a 1984 SDD-SDM licensed business from Drugland Incorporated, located at 29493 W. Seven Mile, Livonia, Michigan 48152, Wayne County, and transfer location of SDD license only to 18975 Middlebelt, Livonia, Michigan 48152, Wayne County, and, further, that the Council hereby tables the matter of the transfer of the SDM license until such time as the petitioner complies with all of the City's zoning ordinance requirements, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #625-85 RESOLVED, that having considered a communication from Carol Mireles, 19458 Parker, Livonia, Michigan 48152, dated July 8, 1985, submitted in behalf of the residents of Parker Street, requesting permission to close Parker between Hardee and St. Martin on August 10, 1985, from 2:00 P.M to 10 00 P.M. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department. #626-85 RESOLVED, that having considered a communication from Gisela Mihalfy, received in the office of the City Clerk on July 11 , 1985, submitted in behalf of the Stoneleigh Village Subdivision, requesting permission to close Riverside Court on August 10, 1985, from 7.00 P.M. to 1 .00 A M , August 11 , 1985, for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department. 21814 A communication from the Chairman of the Traffic Commission, dated June 12, 1985, re CR 216-85 -- Need for Traffic Controls in the Area of Milburn/Bretton/Haldane/Gable/St. Martins and Sunset, was received and filed for the information of the Council . A communication from the Chairman of the Zoning Board of Appeals, dated June 28, 1985, re CR 424-85 -- possible revision of the fee structure prescribed for appeals, was received and filed for the information of the Council . A communication from the Planning Director, dated July 3, 1985, re Revenue Sharing Handicap Requirements, was received and filed for the information of the Council . A communication from the Chairman of the Traffic Commission, dated July 8, 1985, re CR 279-85 -- Request for Truck/Weight Restriction Signage - Lathers, South Loof Seven Mile Road, was received and filed for the information of the Council . 1627-85 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5.2934, MCLA 125 .584) , as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, August 26, 1985, at 8.00 P.M. , at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1 ) 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. , the City Planning Commission in its resolution 6-120-85 having recommended to the City Council that Petition 85-3-1-10, as amended, be approved, 21815 (2) Petition 85-5-1-11 , submitted by John D. Dinan, for a change of zoning of 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. , the City Planning Commission in its resolution 6-121-85 having recommended to the City Council that Petition 85-5-1-i1 be denied. Further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. #628-85 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance No 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, August 21 , 1985, at 7:00 P.M. , at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1 ) Petition 85-5-1-12, submitted by the City Planning Commission, for a change of zoning of 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. , the City Planning Commission in its resolution 6-122-85 having recommended to the City Council that Petition 85-5-1-12 be withdrawn as it relates to all lands lying north of Phillips Road and that the petition should be approved as it relates to all lands lying south of Phillips Road, (2) Petition 85-5-1-13, submitted by the City Planning Commission, for a change of zoning of property located on the west side of Inkster Road, south of Six Mile Road 21816 in Section 13, from C-1 to R-2, the City Planning Commission in its resolution 6-123-85 having recommended to the City Council that Petition 85-5-1-13 be approved; Further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. #629-85 WHEREAS, pursuant to the direction of the City Council in its resolution 215-85, adopted on March 27, 1985, and in accordance with Section 3.08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of July 18, 1985, an assessment roll dated July 16, 1985 for the placement of approximately 4" of asphalt over existing roadway (approximately 20' to 22' wide) 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. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 215-85. THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council ; that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3.08.110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall , 33000 Civic Center Drive, Livonia, Michigan, on Monday, August 26, 1985, at 8:00 P.M. , to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, 21817 IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of August 26, 1985, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed special assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. #630-85 WHEREAS, pursuant to the direction of the City Council in its resolution 1044-84, adopted on December 10, 1984, and in accordance with Section 3.08.100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of July 18, 1985, an assessment roll dated July 16, 1985 for (1 ) a 28' wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III) and (2) placing approximately 4" of asphalt on existing roadway (Alternate IV) on Fairfield and Mayfield Drives (South of Six Mile Road) in the Northwest 1/4 of Section 15, T. 1 S. , R. 9E. , City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 1044-84. THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council , that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3.08.110 of the Livonia Code of Ordinances, as amended, to wit. that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall , 33000 Civic Center Drive, Livonia, Michigar, on Monday, August 26, 1985, at 8.00 P.M. , to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of August 26, 1985, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor' s office. 21818 tri #631-85 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Thomas M. Mullen, President of Tnt - EDM, Inc. , dated July 15, 1985, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 26, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows: 1 . The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A 1974, as amended 2. The City Clerk shall contact each of the affected taxing units and, (i ) indicate the Council 's interest in this matter, and (ii ) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii ) advise the said taxing units of this Council 's desire to hold a hearing on this Application on Wednesday, August 21 , 1985, at 7.00 P.M. , at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan. 3. The Council hereby sets Wednesday, August 21 , 1985, at 7.00 P.M. , at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application. A roll call vote was taken on the foregoing resolutions with the following results AYES. Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop. NAYS: None. On a motion by Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #632-85 RESOLVED, that having considered the report and recommendation of the Waste Disposal Study Committee, dated July 10, 1985, submitted pursuant to Council Resolution 208-85, in connection with the report and recommendation of the Assistant Superintendent of Public Service and the Director of Public Works, dated March 4, 1985, approved for submission by the Mayor, wherein it is recommended that charges for resident use of the City landfill be increased, the Council does hereby approve and establish the following charges for resident use of the City's landfill site. 21819 Automobile, station wagon, passenger van $ 2.00 Pickup truck and other vans 8.00 Small trailer (8 feet or under) 8 00 Large trailer (over 8 feet) 8 00 plus $2 00 for each foot over 8 ft. On a motion by Councilman Ventura, seconded by Councilman Taylor, it was #633-85 RESOLVED, that having considered a communication from the City Planning Commission, dated May 14, 1985, which sets forth its resolution 5-86-85 adopted on April 18, 1985, with regard to Petition 84-11-1-34, as amended, submitted by Lidia Veri for a change of zoning on property located on the north side of Seven Mile Road, east of Shadyside in the Southwest 1/4 of Section 3, from R-3A to C-1 and R-7, and the Council having conducted a public hearing with regard to this matter on June 24, 1985, pursuant to Council Resolution 418-85, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. LA roll call vote was taken on the foregoing resolution with the following result. AYES. Bennett, Ventura, Feenstra, Gundersen, Taylor. NAYS. McCann, Bishop The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Feenstra , it was #634-85 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated July 5, 1985, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby request that the Mayor and City Clerk, for and on behalf of the City of Livonia , execute a contract with Honeywell , Inc. , 23928 Research Drive, Farmington Hills, Michigan 48024, for the installation of an Energy Management and Control System in the City Hall , 16th District Court, Eddie Edgar Ice Arena and Devonaire Ice Arena, and provide management support services as described in their attached proposal , for the amount of $36,104.00 annually for a period of five years; and the Council does hereby appropriate the sum of $36,104.00 from the General Fund Utilities L Account to be transferred to the Building Maintenance Contractual Services Account No. 101-447-818 020.000 for this purpose, further, the Council does hereby authorize the said contract without competitive bidding for the reasons indicated in the aforesaid 21820 comffunication, and such action is taken in accordance with the provisions set forth in Section 3 04.140D(5) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES Bennett, Ventura, McCann, Feenstra , Gundersen, Taylor, Bishop. NAYS. None. On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was #635-85 RESOLVED, that having considered a communication from the Chairman of the Blue Grass Festival , dated June 25, 1985, approved by the Director of Finance and approved for submission by the Mayor, with regard to an offer submitted by the Stroh Brewery Company to sponsor the 1985 Blue Grass Festival based upon certain considerations, the Council does hereby approve of and grant the permission herein requested in the manner and form submitted. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Ventura, Feenstra, Bishop. NAYS: McCann, Gundersen, Taylor The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman McCann, it was 1636-85 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 5, 1985, and the report and recommendation of the Chief of Police, dated July 8, 1985, in connection therewith, the Council does hereby approve of the request from Joury Al-Kas Mikha and Luay Al-Kas Mikha for the transfer of ownership of a 1984 SDD-SDM licensed business from Whitney Party Store, Inc. , located at 27462 Schoolcraft, Livonia, Michigan 48150, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Ventura, McCann, Gundersen, Taylor. NAYS: Feenstra, Bishop. The President declared the resolution adopted. 21821 On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #637-85 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 27, 1985, approved for submission by the Mayor, with regard to a request submitted by Biltmore Homes Company, proprietor of Windridge Village Subdivision No. 4, requesting that pavement widths be reduced from 31 ' to 27 ' in the aforesaid subdivision, the Council does hereby deny the request of Biltmore Homes Company as made in their letter of July 13, 1985, for the reasons that (1 ) all lots within the subdivision do not meet the 100 foot minimum width requirement for allowing 27 foot wide pavements as set forth in Section 16.24.060 of the Livonia Code of Ordinances, and (2) 27 foot wide pavements do not adequately provide for parking on both sides of the street. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, McCann, Feenstra, Gundersen, Taylor, Bishop. NAYS: Ventura. The President declared the resolution adopted. On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #638-85 RESOLVED, that having considered the report and recommendation of the City Assessor, dated July 5, 1985, approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a Quit Claim Deed conveying Tax Item 46 029 99 0006 009 to Zef Ivezaj for the nominal consideration of $1 .00, the action herein being taken for the reasons indicated in the aforesaid communication. On a motion by Councilman Feenstra , seconded by Councilman Taylor, it was #639-85 RESOLVED, that having considered a communication from the City Assessor, dated June 28, 1985, 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 determine to deny the request for dividing Tax Item No. 46 038 03 0768 001 (10c 768a) into two parcels since the same would be in violation of the City's Zoning Ordinance and Law. A roll call vote was taken on the foregoing resolution with the following result: 21822 lie AYES. Bennett, Ventura, McCann, Feenstra, Taylor, Bishop. NAYS: Gundersen. The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Ventura, it was #640-85 RESOLVED, that having considered a communication from the Department of Law, dated June 28, 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 Seven Mile Road right-of-way located in Section 1 owned by Carroll M Page and Dallas E. Page, his wife, which land is more particularly described as follows The South 27 feet of the West 1/2 of Lot 412, Supervisor's Livonia Plat No. 7, as recorded in Liber 66 of Plats, Page 58, Wayne County Records. subject to the following conditions (1 ) that the purchase price shall be in the sum of $6000.00, (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 $37.65, (4) that the City will relocate the existing fence on the property along the new front property line (60' north of the Seven Mile Road centerline), and (5) that the City will have a sidewalk installed on the property along Seven Mile Road. BE IT FURTHER RESOLVED, that a sum not to exceed $6137.65 is hereby appropriated and authorized to be expended from the City's Motor Vehicle Fund receipts (Major 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 A roll call vote was taken on the foregoing resolutions with the following result• AYES Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop 21823 NAYS. None. On a motion by Councilman Bennett, seconded by Councilman Feenstra, and unanimously adopted, it was #641-85 RESOLVED, that having considered a communication from the City Planning Commission, dated July 10, 1985, which transmits its resolution 6-133-85 adopted on June 25, 1985, with regard to Petition 85-6-8-11 submitted by Shaw Construction & Management Company, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct three one-story office buildings on property located on the south side of Schoolcraft Service Drive between Levan and Ottersen Court in Section 29, the Council does hereby concur in the recommendation of the Planning Commission and Petition 85-6-8-11 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 Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #642-85 RESOLVED, that having considered a communication from the City Planning Commission, dated July 10, 1985, which transmits its resolution 7-137-85 adopted on July 9, 1985, with regard to Sign Permit Application #1884, submitted by Livonia Mall , requesting approval to erect a replacement ground sign on the northwest corner of Middlebelt and Seven Mile Roads in Section 2, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign plan, subject to compliance with the same condition as set forth in the aforesaid action of the Planning Commission. Councilman McCann left the podium at 8.27 P.M. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #643-85 RESOLVED, that having considered a communication from the Department of Law, dated July 12, 1985, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire from the Livonia Public Schools School District fifteen acres located in the S.W. 1/4 of Section 4, which land is more particularly described as. 2182' North 15 acres of the East 30 acres of the West 1/2 of the Southwest 1/4 of Section 4, Town 1 South, Range 9 East, together with an easement for ingress and egress over the West 30 feet of the South 15 acres of the East 30 acres of the West 1/2 of the Southwest 1/4 of said Section 4, subject to easements and restrictions of record and to a right-of-way over and upon the West 30 feet of premises herein conveyed, and including a grant of the storm sewer easement on July 1 , 1985. and ten acres located in the S W. 1/4 of Section 5, which land is more particularly described as: Land in the Southwest 1/4 of Section 5, Town 1 South, Range 9 East, Livonia Township, now City of Livonia, Wayne County, Michigan, being more particularly described as follows Commencing at a point distant North 89 degrees 39 minutes 40 seconds West 343.80 feet from the Center Post of Section 5, along the East and West 1/4 line of Section 5, thence South 00 degrees 22 minutes 10 seconds West 1151 .84 feet, thence North 89 degrees 37 minutes 50 seconds West 399.00 feet to the East line of Fitzgerald Gardens Subdivision, thence North 00 degrees 22 minutes 10 seconds East 1151 63 feet along the East line of said Fitzgerald Gardens Subdivision, thence South 89 degrees 39 minutes 40 seconds East 399.00 feet to the point of beginning, subject to easements and restrictions of record and the rights of the public, and the City of Livonia, if any, to Pembroke Avenue in the North 59.81 feet of said premises subject to the following terms and conditions (1 ) The purchase price of the fifteen acre parcel in Section 4 shall be in the amount of $90,000 (2) The purchase price of the ten acre parcel in Section 5 shall be in the amount of $60,000 (3) The seller shall provide the City with warranty deeds and proof of proper title. further, that a sum not to exceed $150,000 00 is hereby appropriated and authorized to be expended from the Unexpended Fund Balance Account of the General Fund for this purpose, and the Council does hereby appropriate an additional sum in the amount of $300 00 from the same account in order to make payment in connection with the appraisal prepared by Charles W Allen, Jr. with respect to this matter. LA roll call vote was taken on the foregoing resolution with the following result- AYES: Bennett, Ventura, Feenstra, Gundersen, Taylor, Bishop. 21825 NAYS: None. Councilman McCann returned to the podium at 8 28 P.M. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #644-85 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 31 , 1984, pursuant to Council Resolution 484-84, 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 street improvement of Pickford (Middlebelt to Brentwood) and Maplewood (Seven Mile to Pickford), and a public hearing having been held thereon on July 15, 1985, pursuant to Council Resolution 467-85, after due notice as required by Title 3, Chapter 8 of said Code, as amended, and careful consideration having been given to all such matters, including the various objections, comments and observations of individuals in attendance at such public hearing, and in view of the apparent difficulty in satisfactorily apportioning the benefits and costs of such contemplated improvement to the satisfaction of the majority of the property owners that would have been affected thereby, the Council does hereby determine to proceed no further with the special assessment proceedings heretofore commenced for the said proposed improvement. On a motion by Councilman Taylor, seconded by Councilman Ventura, it was #645-85 RESOLVED, that having considered a communication from the City Planning Commission, dated May 28, 1985, which sets forth its resolution 5-94-85 adopted on May 21 , 1985, with regard to Petition 85-4-2-11 , submitted by Levan Party Store, Inc. , requesting waiver use approval to utilize an SOD License within an existing party store located on the south side of Plymouth Road between Yale and Levan Roads in the Northeast 1/4 of Section 32, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on July 15, 1985, pursuant to Council Resolution 496-85, 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 foregoing resolution with the following result: AYES: Ventura, McCann, Gundersen, Taylor, Bishop. NAYS: Bennett, Feenstra. The President declared the resolution adopted 21826 On a motion by Councilman Taylor, seconded by Councilman Ventura , it was #646-85 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 259 for a proposed improvement consisting of the placing of approximately 4" of asphalt on the existing roadway (Alternate IV) on Hoy (Henry Ruff to Melvin) in the 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, July 22, 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 said street improvements to be constructed in Special Assessment District No. 259, 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 the revised Special Assessment Roll dated July 23, 1985, in the amount of $17,597.56 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. 259 is hereby approved and confirmed in all respects; (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 ($10.00) , the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10 00) as possible The first installment shall be due and payable December 1 , 1986 and subsequent installments on December 1st of succeeding years, 21827 (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 sixty (60) days after 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, (6) The City Council does hereby determine to pay 15% of the paving costs in the amount of $3,105.45, (7) FURTHER, the Council does hereby determine to take no further action with respect to the proposed street improvement on (1 ) Hoy, between Melvin and Beatrice, and (2) Melvin, south of Five Mile Road. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Ventura, McCann, Gundersen, Taylor, Bishop. NAYS: Feenstra. The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Bennett, it was Its1647-85 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 21828 260 for a proposed improvement consisting of placing approximately 4" of asphalt on the existing roadway (Alternate IV) on Munger (650' West of Middlebelt to Henry Ruff) and Oporto (Six Mile to Munger), in the 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, July 22, 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. 260, 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 June 5, 1985, in the amount of $55,855.90, 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 resolution of the City Council , (2) Said Special Assessment Roll No. 260 is hereby approved and confirmed in all respects, (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 ($10.00) , the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible The first installment shall be due and payable December 1 , 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 21829 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 sixty (60) days after 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 15% of the paving costs in the amount of $9,856.92 and 100% of the drainage costs in the amount of $10,431 .56, for a total amount of $20,288.48. A roll call vote was taken on the foregoing resolution with the following result. AYES• Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop. NAYS: None. On a motion by Councilman Bennett, seconded by Councilman Ventura, it was #648-85 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 7, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to bids taken in connection with the 1985 Sections 14 and 23 S.A D. Paving Program, the Council does hereby determine to take the following action (a) Award a contract in amount of $83,989.10 to the low bidder, A A. Dettore & Associates, 12550 Farmington Road, Livonia, Michigan 48150 for the Alternate IV improvement on Munger and Oporto in Section 14 and the Alternate IV improvement on Hoy, between Henry Ruff and Melvin, in Section 23 for which the assessment roll is confirmed on the basis of the bid unit prices, said amount to vary plus or minus based upon quantities of work actually completed, 21830 (b) Authorize an appropriation in the amount of $83,989.10 from the 7.9 Million Dollar 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. (c) Authorize the City Engineer to approve minor adjustments in the work, as completed, and (d) Authorize the Mayor and City Clerk 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: Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop. NAYS: None. On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, it was #649-85 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 261 for a proposed improvement (Alternate III on Curtis, Farmington to Fairfield and Alternate IV on Westmore, Shadyside, Clarita and Pickford) in the 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, July 22, 1985, at 8:00 P.M. , at 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. 261 , 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 a revised Special Assessment Roll dated 21831 July 23, 1985,in the amount of $275,751 .00 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 261 is hereby approved and confirmed in all respects, (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 ($10.00) , the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1 , 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 rate 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 sixty (60) days after 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 21832 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 15% of the paving costs in the amount of $48,661 .94 and 100% of the drainage costs in the amount of $86,162.24 for a total amount of $134,824.18. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop. NAYS. None. On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was 1650-85 RESOLVED, that the Council does hereby request that the Traffic Commission submit its report and recommendation relative to the installation of additional traffic signs in the area of Shadyside, Westmore and Curtis in the N.W. 1/4 of Section 10, particularly with respect to the need to control truck traffic from the bakery located at the southwest corner of Westmore and Seven Mile Road. On a motion by Councilman Ventura, seconded by Councilman Taylor, it was 1651-85 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 262 for a proposed improvement consisting of placing approximately 4" of asphalt on the existing roadway (Alternate IV) on Fairfield (Six Mile Road to Curtis) in the 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, July 22, 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 improvement to be constructed in Special Assessment District No 262, 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 June 25, 1985, in the amount of $46,800.00 are fair and 21833 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. 262 is hereby approved and confirmed in all respects, (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 ($10.00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1 , 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 sixty (60) days after 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 21834 (6) The City Council does hereby determine to pay 15% of paving costs in the amount of $8258 82 and 100% of the drainage costs in the amount of $10,801 .34, for a total amount of $19,060.16. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, McCann, Gundersen, Taylor, Bishop NAYS. Feenstra. The President declared the resolution adopted. On a motion by Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was 1652-85 RESOLVED, that the Council does hereby request that the Traffic Commission submit its report and recommendation relative to the installation of stop signs at the intersection of Fairfield and Curtis and/or Bennett if the roadway were extended, in order to control through traffic in this area between Six Mile and Curtis. On a motion by Councilman Taylor, seconded by Councilman Ventura, and unanimously adopted, it was #653-85 RESOLVED, that the Council does hereby request that the City Engineer and the Director of Public Works submit their respective reports and recommendations on the question of whether or not a more effective barricade should be installed at the end of Curtis at Rotary Park in Section 10 On a motion by Councilman Taylor, seconded by Councilman Ventura, it was 1654-85 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 25, 1985, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to bids taken in connection with the 1985 Section 10 S A.D. Paving Program, the Council does hereby determine to take the following action (a) Award a contract in the amount of $414,291 .60 to the low bidder, Thompson McCully Co. , 5905 Belleville Road, Belleville, Michigan 48111 , for the Alternate III improvement on Curtis from Farmington to Fairfield and the Alternate IV improvement on Shadyside, Westmore, Clarita and Pickford in Section 10 for which the assessment roll is confirmed on the basis of the bid unit prices, said amount to vary plus or minus based upon quantitites of work actually completed, (b) Authorize an appropriation in amount of $414,291 60 from 21835 the 7.9 Million Dollar 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, (c) Authorize the City Engineer to approve minor adjustments in the work, as completed, and (d) Authorize the Mayor and City Clerk to execute a contract, for and on behalf of the City, 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: Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop. NAYS• None. On a motion by Councilman Feenstra, seconded by Councilman McCann, and unanimously adopted, it was 1655-85 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated July 9, 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 $600.00 from the Sandlotters of Michigan which is to be used for the proposed Press Box/Control Booth at Ford Field, and the City Clerk is hereby requested to send a letter of thanks to: Mr. Jim Campbell , President Baseball Club of Detroit Tiger Stadium Michigan and Trumbull Detroit, Michigan 48216 and Mr. Billy Bruton, General Chairman Sandlotters of Michigan c/o Wyandotte Recreation Department 3131 Biddle Avenue Wyandotte, Michigan 48192-5987 On a motion by Councilman Ventura, seconded by Councilman Bennett, and L unanimously adopted, it was #656-85 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 15, 1985, and the report and recommendation of the Chief of Police, dated July 11 , 1985, in connection therewith, the Council does hereby approve of the request from Bottles and Stuff II , Ltd. , a Michigan Corporation, to transfer partial stock interest in a 1985 SDM licensed corporation, wherein William Fowler and James Harrington are each transferring 2,500 shares of stock to new stockholders, Wallace Russell and Oliver Douglas Lombardi , located at 15365 Newburgh, Livonia, Michigan 48154, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, it was #657-85 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #574-85 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilman Bennett, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 13, 1985, which sets forth its resolution 6-107-85 adopted on June 11 , 1985, with regard to Petition 85-5-2-16 submitted by DiConti Architects, requesting waiver use approval to construct a restaurant at the southwest corner of Farmington and Schoolcraft Roads in the Northeast 1/4 of Section 28, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on July 22, 1985, pursuant to Council Resolution 516-85, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 85-5-2-16 is hereby approved and granted with respect to the waiver use only, and the Council does hereby refer back to the City Planning Commission for its report and recommendation the proposed site plan submitted in connection with the said waiver use petition. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Ventura, Bishop NAYS: McCann, Feenstra, Gundersen, Taylor. 21837 he President declared the resolution denied. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #658-85 RESOLVED, that having considered a communication from the City Planning Commission, dated June 13, 1985, which sets forth its resolution 6-107-85 adopted on June 11 , 1985, with regard to Petition 85-5-2-16 submitted by DiConti Architects, requesting waiver use approval to construct a restaurant at the southwest corner of Farmington and Schoolcraft Roads in the Northeast 1/4 of Section 28, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on July 22, 1985, pursuant to Council Resolution 516-85, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition 85-5-2-16 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 Feenstra, and Lounanimously adopted, it was #659-85 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 22, 1985, with regard to certain complaints received from area residents relative to conditions in their neighborhood, i .e. , Stanmoor, Whitcomb and Harrison Streets in the N.E. 1/4 of Section 13, the Council does hereby request that the Traffic Commission conduct a survey of the aforesaid area and consider installing appropriate traffic signs where necessary. On a motion by Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #660-85 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 22, 1985, submitted pursuant to Council Resolution 257-85, in connection with a communication from the City Planning Commission, dated March 28, 1985, which transmits its resolution 3-60-85, adopted on March 19, 1985, with regard to Sign Permit Application #1559, submitted by Atlas Sign Company, requesting approval to erect a ground sign on the south side of Five Mile Road, between Edington and Stamford Avenue in Section 16, the Council does hereby concur in the recommendation of the Planning Commission and approve said Sign Permit Application #1559, 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 proposed 21838 sign have a maximum height of 10' and a setback of 10' from the right-of-way line. On a motion by Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #661-85 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 22, 1985, submitted pursuant to Council Resolution 471-85, 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 N.E. 1/4 of Section 31 , the Council does hereby table further consideration of the proposed rezoning of a part of Parcel Dlc from RUF to C-1 . Councilman Ventura having previously given second reading to 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 "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO (Petition 84-11-1-31 ) A roll call vote was taken on the foregoing ordinance, as revised, with the following result: AYES. Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop. NAYS None. The President declared the ordinance duly adopted and would become effective on publication. On a motion by Councilwoman Gundersen, seconded by Councilman Feenstra, and unanimously adopted, it was #662-85 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 22, 1985, 1.0 submitted pursuant to Council Resolution 213-84, in connection with a comrrunication from the Planning Director, dated February 22, 1984, and submitted pursuant to Council Resolution 567-83, with regard to a request from the Quaker Town Civic Association 21839 for the City to adopt an ordinance so as to require residential developers to construct homes of comparable square footage and architectural amenities to that of existing homes and/or original models in such subdivisions, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. On a motion by Councilman Feenstra, seconded by Councilman McCann, and unanimously adopted, it was #663-85 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 22, 1985, submitted pursuant to Council Resolution 655-83, with regard to the matter of agencies reviewing the use of funds received from deletion of conduit for cable installation, the Council does hereby determine to take no further action. On a motion by Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #664-85 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 22, 1985, Lir submitted pursuant to Council Resolution 1069-84, in connection with the subject of the employment of a library consultant for the construction of the proposed new Civic Center Library, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation On a motion by Councilman Taylor, seconded by Councilman Feenstra , it was #665-85 RESOLVED, that having considered the report and recomrendation of the Director of Public Works, dated July 23, 1985, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby request that the Mayor and City Clerk, for and on behalf of the City of Livonia, execute a contract with Data Supplies Company, 41920 Joy Road, Plymouth, Michigan 48170, in an amount not to exceed $39,507.00, in accordance with the their quotation dated July 19, 1985, for the construction of a computer room in City Hall , further, the Council does hereby authorize the said contract 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 3.04.1400(5). Imp A roll call vote was taken on the foregoing resolution with the following result. 21840 AYES: Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop. NAYS: None. On a motion by Councilman Ventura, seconded by Councilman McCann, it was 1666-85 RESOLVED, that the Council does hereby amend the final paragraph in Council Resolution 529-85, adopted on June 26, 1985, to read as follows: BE IT FURTHER RESOLVED, that a sum not to exceed $5,669.34 is hereby appropriated and authorized to be expended from surplus funds from prior Wayne County Board of Public Works Sanitary Sewer Bond Issues 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. AND, FURTHER, that the rest of said Council Resolution 529-85 shall remain in full force and effect A roll call vote was taken on the foregoing resolution with the following result AYES. Bennett, Ventura, McCann, Feenstra, Gundersen, Taylor, Bishop NAYS: None. On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, and unanimously adopted, this 1059th Regular Meeting of the Council of the City of Livonia was adjourned at 9:05 P.M , July 24, 1985. *()— c1-4- 'Ebert F. Nash, City Cler v