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HomeMy WebLinkAboutCOUNCIL MINUTES 1984-08-20 21096 MINUTES OF THE ONE THOUSAND AND THIRTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 20, 1984, 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 8:02 p.m. Councilman Taylor delivered the invocation. Roll was called with the following result: Present: Robert R. Bishop, Gerald Taylor, Peter A. Ventura, Robert E. McCann, and Fernon P. Feenstra. Absent: Alice Gundersen, Robert D. Bennett. Elected and appointed officials present: Robert F. Nash, City Clerk, Harry C. Tatigian, City Attorney, John J. Nagy, Planning Director; Robert Biga, Executive Assistant to the Mayor; Gary Clark, Assistant Chief Engineer; Edith Davis, Personnel Director; Joan Duggan, Director of Community Resources; Robert Beckley, Supt. of Public Service, Ron Mardiros, City Assessor; Sue Daniel , Historical Commission; and Michael Reiser, Facility Maintenance Supervisor. By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #646-84 RESOLVED, that the minutes of the 1 ,035th Regular Meeting of the Council of the City of Livonia, held July 25, 1984, are hereby approved By Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #647-84 RESOLVED, that the minutes of the 191st Special Meeting of the Council of the City of Livonia, held August 13, 1984, are hereby approved. A communication from the Finance Director, dated July 20, 1984, transmitting the Financial Statements of the City of Livonia for the month ending June 30, 1984, was received and filed for the information of the Council . The following resolutions were offered by Councilman Taylor and seconded by Councilman McCann• 21097 #648-84 RESOLVED, that having considered the report and recommendation of the Mayor dated August 1 , 1984 which bears the signature of the Finance Director, the Council does hereby accept the bid of the Michigan Humane Society, 37225 Marquette, Westland, Michigan 48185, to provide the City with an Animal Control Program for a one year period for a total cost in the amount of $19,660, the same having been in fact the lowest bid received and meets all specifications; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia, as well as to do all other things necessary or incidental to the full performance of this resolution. #649-84 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated August 3, 1984, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Leemon Oil Co. , Inc. , 40550 Grand River, P.O. Box 915, Novi , Michigan 48050, for supplyingthe Public Service Division (Equipment Maintenance Section) with diesel fuel at the unit prices bid which are estimated to be in the total amount of $29,942.50 for the period through September 2, 1986, the same having been in fact the lowest bid received which meets specifications; further, in the alternative, the Council does hereby accept the second lowest bid which meets specifications of the Plymouth Oil Company, P.O. Box 27147, Detroit, Michigan 48227, which is in the total estimated amount of $30,162.50 as an alternate source in the event the aforesaid low bidder is unable to furnish diesel fuel for the period through September 2, 1986. #650-84 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated August 3, 1984, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the unit price bid of By-Rite Oil Company, 40600 Grand River, P. 0. Box 759, Novi , Michigan 48050, for supplying the Public Service Division (Equipment Maintenance Section with regular and unleaded gasoline for the total estimated amount of $269,515.75 for the period through September 2, 1986, the same having been in fact the lowest bid received and meets all specifications; further, in the event the aforesaid low bidder is unable to furnish the said gasoline, the Council does hereby accept the second low bid which meets specifications of Leemon Oil Co. , Inc. , 40550 Grand River, P.O. Box 915, Novi , Michigan 48050, on the basis of the unit prices bid for the total estimated amount of $270,807.40, for the period through September 2, 1986. #651-84 RESOLVED, that having considered a communication from the Water & Sewer Board dated August 8, 1984, approved 21098 by the Director of Finance and approved for submission by the Mayor and which transmits its resolution WS 2653 7/84, wherein it is recommended that Section 13.08.040 of the Livonia Code of Ordinances be amended so as to provide a water rate increase for bills issued on and after January 1 , 1985, the Council does hereby refer this item to the Water & Sewer Committee for its report and recommendation. #652-84 RESOLVED, that having considered the report and recommendation of the Fire Chief dated July 23, 1984 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 authorize the Fire Department to prepare specifications, advertise and thereafter take competitive bids, in accordance with provisions of law and City Ordinance, for the purchase of five (5) sedans for the Fire Marshals Division and for the administrative division. #653-84 RESOLVED, that having considered the report and recommendation of the Fire Chief dated July 23, 1984, approved by the Director of Finance and the Director of Public Safety and approved for submission by the Mayor, the Council does hereby authorize the sale to the Redford Township Fire Department of 1 ,000 ft. of 5" fire hose from the Livonia Fire Department for the price of $4,500, the action herein being taken for the reasons indicated in the aforesaid communication, further, the Council does hereby authorize and designate the aforesaid funds as a reimbursement to the 1968 Fire Department Bond Issue. #654-84 RESOLVED, that having considered a letter from the social chairman of the Coventry Gardens Improvement Association requesting permission to close the following street locations on Saturday, August 25, 1984, from 12 Noon until 6:00 p.m. , for the purpose of conducting an annual summer picnic at Coventry Park: 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, August 26, 1984 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #655-84 RESOLVED, that having considered a letter from Emmy Curnutte, 19014 Flamingo, Livonia, Michigan, dated August 1 , 1984, requesting permission to close Flamingo 21099 for one block South of Seven Mile Road on Saturday, August 25, 1984, from 2:00 p.m. to 6:00 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. 1656-84 RESOLVED, that having considered a letter from the Pastor of the Sacred Heart Catholic Church, 29125 W. Six Mile Road, Livonia, Michigan 48152, 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 9 and 10, 1984, 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. /657-84 RESOLVED, that having considered a letter from the Pastor of the St. Mary's Antiochian Orthodox Church, 18100 Merriman Road, Livonia, Michigan 48152, dated August 2, 1984, wherein a request is submitted for a waiver of fees in connection with a Family Fun Fair to be conducted on church grounds on September 21 , 22 and 23, 1984, the Council does hereby approve and grant this request in the manner and form 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. 1658-84 RESOLVED, that having considered a letter from the President of the Board of Education of the Plymouth-Canton Community Schools, 454 S. Harvey Street, Plymouth, Michigan 48170, dated July 23, 1984, wherein a request is submitted for the installation of sidewalks on the North side of Joy Road between Pere and Hix Roads, the Council does hereby refer this item to the Engineering Division for its report and recommendation. 1659-84 RESOLVED, that having considered a letter from Mrs. Dorothy Graye Mullins, 33180 Rayburn, Livonia, Michigan 48154, dated July 19, 1984, wherein a request is made for the vacating of Westmore Avenue, north of Rayburn and west of and adjacent to Lot 21A of Brightmoor Home Acres Subdivision in the Southwest 1/4 of Section 15, the Council does hereby refer the same to the City Planning Commission for a report and recomrendation in accordance with provisions of law and City Ordinance. 1660-84 RESOLVED, that having considered a communication from the Livonia Arts Commission and the Arts & Crafts Festival Committee dated June 20, 1984, wherein a request is submitted for the waiver of fees concerning DPW overtime 21100 expenses in connection with this year's Arts & Crafts Festival , the Council does hereby refer this item to the Mayor for his report and recommendation. #661-84 RESOLVED, that having considered a letter from a Personnel Analyst II of the Civil Service Department, dated July 12, 1984, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the employment of Plante & Moran, CPA, to perform the final audit of the CETA Program of the City of Livonia for the period October 1 , 1982 to April 30, 1984, in an amount not to exceed $6,800; 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. #662-84 RESOLVED, that having considered a communication from the Mayor, dated July 16, 1984, to which is attached a letter from the President of Greenfield Construction Company, Inc. dated July 11 , 1984, wherein an interest is indicated in the proposed purchase of the fire station site located on the west side of Newburgh Road, south of Six Mile Road, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #663-84 RESOLVED, that having considered a communication from the Mayor dated July 25, 1984, the Council does hereby approve of and concur in the reappointment of Mrs. Carol Sobolewski , 9200 Montana, Livonia, Michigan 48150, to the City Planning Commission for a term of three (3) years, which will expire on June 9, 1987, provided that Mrs. Sobolewski takes the oath of office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk. #664-84 RESOLVED, that having considered a letter from the Metropolitan Society for Crippled Children and Adults, 1127 Whittier, Grosse Pointe Park, Michigan 48230, dated July 30, 1984, wherein an offer to donate two (2) lots to the City of Livonia is submitted, being Lots #468 and #469 of the Argonne Subdivision, the Council does hereby refer this item to the Department of Law and the Planning Department for their respective reports and recommendations. #665-84 RESOLVED, that having considered a communication from the Director of Community Resources dated July 20, 1984, which is approved by the Finance Director and the Mayor, the Council does for and on behalf of the City of Livonia hereby accept the following cash donations: 21101 (1 ) James W. Park 21984 Wildwood $450.00 (2) Francis A. Misener Coupon Club-Fire Station Center 26.70 (3) Michael W. Crane 80.00 Bridge-Fire Station Center 45.00 (4) Edwin B. Henson 177.00 12124 Boston Post Road 50.00 75.00 $903.70 further, the Council does hereby increase the revenue and expenditure budget for Account #101-174-931 .000 in the amount of $903.70. #666-84 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 12, 1984 which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the employment of Capital Wrecking Co. , Inc. , P. 0. Box 165, Southfield, Michigan 48037, for the demolition of the building structure situated at 9436 Stark Road for the unit price of $2,970, the same having been in fact the lowest quoted price received for this item; further, the Council does hereby appropriate and authorize the expenditure of the sum of $2,970 from the Civic Betterment-Removal of Unsafe Buildings Account #205-525-882-050 for this purpose subject to the provision that this account be reimbursed at such time as funds are subsequently recovered as provided for in accordance with Chapter 15.52.180 of the Livonia Code of Ordinances, as amended. #667-84 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 30, 1984, approved for submission by the Mayor and submitted pursuant to Council Resolution 542-84 in connection with a letter from B. W. Fedorowycz, 33818 Oakdale, Livonia, Michigan 48154, dated June 11 , 1984, wherein a request is made for review of a street improvement special assessment based upon actual street frontage in lieu of platted street frontage, the Council does hereby amend and revise Council Resolution 542-84 adopted on July 11 , 1984, which confirmed the assessment roll for the improvement of the streets in the Coventry Garden and Coventry Woods Subdivision, to the extent necessary to authorize (1 ) a reduction in the assessment for Lot 24b of the Coventry Woods Subdivision 21102 from $884.00 (Based upon 130 ft. of frontage) to $394.40 (Based upon 58 ft. of frontage) and (2) a reduction in the assessment for Lot 739 of the Coventry Gardens Subdivision from $544.00 (Based upon 80 ft. of frontage) to $455.60 (Based upon 67 ft. of frontage); and the City Treasurer and City Assessor are hereby requested to do all things necessary or incidental to the full performance of this resolution. #668-84 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 31 , 1984, approved for submission by the Mayor, the Council does hereby release to Curtis Building Company, 25950 Five Mile Road, Detroit, Michigan 48239, the proprietor of the Wellington Woods Subdivision, located in the N.E. 1/4 of Section 33, the financial assurances previously deposited with respect to sidewalk improvements in the sum of $4,500 of which $1 ,500 was to be in cash, pursuant to Council Resolution 1049-78 adopted on November 29, 1978 and subsequently amended by Council Resolutions 865-79, 381-80, 462-82 and 77-83; and the action herein being taken is for the reasons indicated in the aforesaid report of the City Engineer that all of these improvements have been properly installed in accordance with all the rules and regulations of the ordinances of the City of Livonia. #669-84 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated June 8, 1984 and the report and recommendation of the Chief of Police dated July 17, 1984 in connection therewith, the Council does hereby approve of the request from Good Food Company for a transfer of ownership of 1983-84 SDM licensed business from Evon's Meat Market, Inc. , for a business located at 33521 West Eight Mile Road, Livonia, Michigan 48152 and change nature of business from Meat Market to Health Food Store; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. #670-84 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, received by the office of the City Clerk on May 25, 1984, and the report and recommendation of the Chief of Police dated July 13, 1984 in connection therewith, the Council does hereby approve the request from Mama Mia Plymouth Road, Inc. for a new dance-entertainment permit to be held in conjunction with 1984 Class C License and a request for adding space to 1984 Class C licensed premises located at 27770-27788 Plymouth Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 21103 #671-84 RESOLVED, that having considered the report and recomRendation of the Planning Director dated July 10, 1984, approved for submission by the Mayor and to which is attached a proposed Holdharmless Contract between the City of Livonia and First Step, the Western Wayne County Project on Domestic Assault, with respect to victim assistance, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute the said contract 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. #672-84 RESOLVED, that having considered the report and recommendation of the Planning Director dated July 10, 1984, approved for submission by the Mayor and to which is attached a proposed Holdharmless Contract between the City of Livonia and the Community Commission on Drug Abuse with regard to substance abuse prevention and rehabilitation, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute the said contract 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. #673-84 RESOLVED, that having considered the report and recommendation of the Director of Finance dated August 6, 1984, approved for submission by the Mayor, to which are attached the following agreements for a twelve (12) month extension for the period ending June 30, 1985 in connection with the subsidized transportation program for the handicapped and senior citizens in the communities of Livonia, Northville, Plymouth, Northville Township, Plymouth Township, Farmington and Farmington Hills: Agreement between the City of Livonia and Northwest Transport Co. ; Agreement between the City of Livonia and Southeastern Michigan Transportation Authority; the Council does hereby approve these agreements and authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute the said agreements, subject to approval as to form by the Department of Law, as well as to do all other things necessary or incidental to the full performance of this resolution. 21104 #674-84 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the City's economy and to encourage the location and expansion of industrial and commercial enterprises to provide needed services and facilities to the City and its residents; and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation"), and WHEREAS, the Corporation in conformity with Act No. 338, Public Acts of Michigan, 1974, as amended ("Act No. 338"), has designated the hereinafter described Project Area for such a program to this Council for its approval thereof; and WHEREAS, it is also necessary for this Council to establish Project District Area boundaries, and WHEREAS, it is also necessary for this Council IL, to approve the appointment of two additional Directors to the Board of Directors of the Corporation pursuant to the provisions of Section 4(2) of Act No. 338; NOW, THEREFORE, BE IT RESOLVED THAT: 1 . This Council does hereby certify its approval of the Corporation's designation of the Project Area described in Exhibit A hereto attached. 2. This Council does hereby establish as a Project District Area the property described in Exhibit B hereto attached. 3. This Council does hereby certify its approval of the individuals listed on Exhibit C (Paul Riggio and Daniel J. Kelley) as additional Directors of the Corporation to serve in conformity with the provisions of Section 4(2) of Act No 338. 4. It is hereby determined that the requirements of Section 20 of Act No. 338 have been met and that the formation of a project citizens district council is not required. 116 5. The City Clerk be and is hereby directed to deliver a certified copy of this resolution to the Secretary 21105 of the Board of the Corporation. 6. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. #675-84 RESOLVED, that having considered a communication from the City Planning Commission dated July 27, 1984 which transmits its resolution 7-136-84 adopted on July 24, 1984, with regard to Petition 84-6-3-2 submitted by the City Planning Commission requesting the vacating of a 20' wide public utility easement located on the east side of Middlebelt Road, north of Five Mile Road in the Southwest 1/4 of Section 13, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 84-6-3-2; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. #676-84 RESOLVED, that having considered a communication from the City Planning Commission dated July 17, 1984 which transmits its resolution 7-130-84 adopted on July 10, 1984 with regard to a sign permit application #989, submitted by MetroVision of Livonia requesting erection of a metal wall sign on a building located on the northwest corner of Farmington Road and Lyndon in the Northeast 1/4 of Section 21 , the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Application #989, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission. #677-84 RESOLVED, that having considered a communication from the City Planning Commission dated July 27, 1984 which transmits its resolution 7-145-84 adopted on July 24, 1984 with regard to Sign Permit Application #1103, submitted by Burns Sign Company for Al Margolin, requesting erection of a replacement ground sign on property located on the south side of Five Mile Road, west of Farmington Road in Section 21 , the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Plan #1103, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission. #678-84 RESOLVED, that having considered a letter from Joanne Aloe, 39115 Lyndon, Livonia, Michigan 48154, dated August 3, 1984, with regard to a serious traffic problem in the Castle Gardens Subdivision, the Council does hereby refer this item to the Traffic Commission for its report and recommendation which should include consideration of 21106 the Council 's recommendation that no parking be permitted on the west side of Norman, between Ross and Allen. #679-84 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 31 , 1984, approved for submission by the Mayor and submitted pursuant to Council Resolution 838-83 in connection with a communication from the Traffic Commission dated October 13, 1983, approved for submission by the Mayor and which transmits its resolution 838-83, wherein the Commission in part did recommend to the DPW that curb cuts and sidewalk ramps be installed on the east side of Norman at Allen, Lyndon, and Donald, the Council does hereby determine to take no further action with regard to this matter. #680-84 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, September 19, 1984 at 8:00 p.m. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: Petition 84-6-1-17, submitted by E. and G. Paolucci for a change of zoning of property located on the south side of Seven Mile Road between Brentwood and Harrison in the Northwest 1/4 of Section 12, from RUF to C-1 , the City Planning Commission in its resolution 7-132-84 having recommended to the City Council that Petition 84-6-1-17 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 amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company 21107 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. #681-84 RESOLVED, that having considered a communication dated August 15, 1984 from Villanova Construction Company, Inc. which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on August 14, 1984 by the City Planning Commission in its resolution 8-160-84 adopted on August 14, 1984 with regard to Petition 84-6-8-26 submitted by Villanova Construction Company, Inc. , requesting approval of all plans required by Section 19.06 in connection with a proposal to construct commercial stores on the south side of Five Mile Road, west of Farmington Road in Section 21 , the Council does hereby designate Wednesday, September 19, 1984 at 8:00 p.m. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the Civic Center Municipal Building, 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 Imw 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. #682-84 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 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 Willowood Investments (the "Project"); and 21108 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 Council shall meet on September 19, 1984, at 8:00 o'clock p.m. , at which time it shall conduct a public hearing on the Corporation's submission of the Project Plan and the issuance by the Corporation of the Bonds. 2. The Clerk be and is hereby directed to give notice of such public hearing by (1 ) publishing a notice thereof in The Livonia Observer, a newspaper of general circulation in the City; (2) posting in at least ten (10) conspicuous and public places in the project district area; and (3) mailing to the last known owner of each parcel of real property in the project district area at the last known address of the owner as shown by the tax assessment records, which notices shall be published and given at least fourteen (14) full days prior to the date set for said hearing. 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 WILLOWOOD INVESTMENTS 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 four commercial office buildings and adjacent parking lots, totalling approximately 96,000 square feet, to be owned and used by Willowood Investments, and to be located on a project area or site described as follows: The office buildings will be located in a project area bounded by Schoolcraft, Berwick, Merriman and Scone in the City of Livonia, Michigan. 21109 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 of $850,000 to assist in the financing of said project. The City Council will meet at 8.00 o'clock p.m. , Wednesday, the 19th day of September, 1984, at the City Hall located at 33000 Civic Center Drive, Livonia, Michigan, and will conduct a public hearing. The public hearing shall consider the advisability of the City Council approving, modifying or rejecting by resolution said project plan and the issuance of bonds as proposed therein. THIS NOTICE is given pursuant to the requirements of Sections 10 and 17 of Act 338, Public Acts of Michigan, 1974, as amended. The project plan and 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. Robert F. Nash City Clerk 4. The Council does hereby determine that the foregoing form of notice and the manner of publication directed is adequate notice to the citizens of the City and is well calculated to inform them of the intention of the Council to hold a public hearing and the purpose of the public hearing. 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. 21110 #683-84 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 the refunding of the outstanding bonds issued to finance the acquisition and construction of an existing commercial office facility and the acquisition, construction and operation of an addition to the existing commercial office facility project to be undertaken on behalf of American Community Mutual Insurance Company (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 Council shall meet on September 19, 1984, at 8:00 o'clock p.m. , at which time it shall conduct a public hearing on the Corporation's submission of the Project Plan and the issuance by the Corporation of the Bonds. 2. The Clerk be and is hereby directed to give notice of such public hearing by (1 ) publishing a notice thereof in The Livonia Observer, a newspaper of general circulation in the City of Livonia; (2) posting in at least ten (10) conspicuous and public places in the project district area, and (3) mailing to the last known owner of each parcel of real property in the project district area at the last known address of the owner as shown by the tax assessment records, which notices shall be published and given at least fourteen (14) full days prior to the date set for said hearing. 21111 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 AMERICAN COMMUNITY MUTUAL INSURANCE COMPANY 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 refining of the outstanding bonds issued to finance the acquisition and construction of the existing commercial office facility and the acquisition, construction and operation of a 50,000 square foot addition to the existing commercial office facility to be owned and to be used by American Community Mutual Insurance Company, and to be located on a project area or site described as follows: The street address of the facility is 39201 Seven Mile Road, Livonia, Michigan. Said project plan details all information required by law relative to said project and its impact on the community. No persons will be displaced from the project area as a result of this project. Said project plan also proposes the issuance of revenue bonds by said Economic Development Corporation in a maximum principal amount not to exceed $4,100,000 to assist in the financing of said project. The City Council will meet at 8:00 o'clock p.m. , Wednesday, the 19th day of September, 1984, at the City Hall located at 33000 Civic Center Drive, Livonia, Michigan, and will conduct a public hearing The public hearing shall consider the advisability of the City Council approving, modifying or rejecting by resolution said project plan and the issuance of bonds as proposed therein. THIS NOTICE is given pursuant to the requirements of Sections 10 and 17 of Act 338, Public Acts of Michigan, 21112 1974, as amended. The project plan and relevant maps or plats are available for inspection at the City Clerk's office. All interested citizens are encouraged and will be offered an opportunity at said hearing to address the City Council concerning said project, said project plan, and the bonds proposed to be issued. Written comments may also be submitted to the City Clerk prior to said hearing. Robert F. Nash City Clerk 4. The Council does hereby determine that the foregoing form of notice and the manner of publication directed is adequate notice to the citizens of the City and is well calculated to inform them of the intention of the Council to hold a public hearing and the purpose of the public hearing. 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution '- be and the same hereby are rescinded A roll call vote was taken on the foregoing resolutions with the following result: AYES: Taylor, Ventura, McCann, Feenstra, Bishop NAYS: None By direction of the Chair, Agenda Item #35, a Proposed Amendment to the Zoning Ordinance re• Petition 83-8-1-17 by the Apostolic Christian Church, was removed from this Agenda and referred to the Agenda of August 29, 1984. Councilman Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. THERETO. (Petition #83-12-1-22, rezoning from P.L. to R9-1 and P.S. ) 21113 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4 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 84-4-1-12, rezoning from R-1 to R-2). The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . Councilman Feenstra gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2 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 84-4-1-13, rezoning from M-1 and C-i to C-2). The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council . On a motion by Councilman Ventura, seconded by Councilman Feenstra, it was #684-84 RESOLVED, that having considered a communication from the 16th District Court dated July 31 , 1984 which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Moore Business Forms, Incorporated, 415 N. French 21114 Road, Suite C, North Tonawanda, New York 14120, for supplying the 16th District Court with traffic citations for the unit price bid of $61 .81 per thousand, the same having been in fact the lowest bid received which meets specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ventura, McCann, Feenstra, Bishop NAYS• None Councilman Ventura offered the following resolution: RESOLVED, that having considered a letter from the Executive Director of the Livonia Family "Y" dated July 20, 1984, to which is attached a proposed Release and Hold Harmless Agreement with regard to a promotion to hold an Open House to be conducted at the "Y", and wherein a request is submitted for permission to hang a banner on the viaducts at Newburgh, Farmington and Middlebelt Roads, the Council does hereby reject and deny this request. The motion died for lack of support. On a motion by Councilman McCann, seconded by Councilman Taylor, it was 1685-84 RESOLVED, that having considered a letter from the Executive Director of the Livonia Family "Y" dated July 20, 1984, to which is attached a Release and Hold Harmless Agreement, with regard to the promotion of an Open House to be conducted on September 15, 1984 at the "V", the Council does hereby grant permission to the Livonia Family "Y" to hang a banner at the viaduct on Newburgh Road in the manner and form herein submitted, further the Council does hereby take this means to indicate to the County of Wayne, that in the event permission were granted to the Livonia Family "Y" to hang similar banners on viaducts located on Farmington and Middlebelt Roads, the City of Livonia would hold the County of Wayne harmless for any and all liability in connection with this activity during the period commencing September 1 , 1984 through September 16, 1984. A roll call vote was taken on the foregoing resolution with the following result. AYES: Taylor, McCann, Feenstra, Bishop NAYS: Ventura The President declared the resolution adopted. 21115 On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #686-84 RESOLVED, that the Council does hereby refer to the Streets, Roads and Plats Committee for its report and recommendation the question of establishing a City policy relative to the use of public rights of way for the hanging of banners and other advertising signs by various civic groups and organizations in a fashion similar to the action taken in Council Resolution #685-84. On a motion by Councilman Ventura, seconded by Councilman McCann, it was 1687-84 RESOLVED, that having considered a communication from the Livonia Historical Commission dated August 3, 1984 which bears the signatures of the Director of Community Resources and the Finance Director and is approved for submission by the Mayor wherein a request is submitted for the Restoration Committee of the Commission to conduct the Second Restoration Seminar in the Newburg Church in the Historical Village on November 3, 1984 with a registration fee of $20 per person for the general public and a registration fee of $3.50 for members of the Historical lie Commission, Greenmead volunteers, members of the Preservation Commission and Wilson Barn volunteers to cover the costs of lunch and printing, the Council does hereby approve and grant this request in the manner and form herein submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ventura, McCann, Feenstra, Bishop NAYS: None On a motion by Councilman Taylor, seconded by Councilman McCann, and unanimously adopted, it was #688-84 RESOLVED, that having considered a communication from the Personnel Director dated July 16, 1984, approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on July 12, 1984 wherein it is recommended that a proposed amendment to the Retirement Plan Ordinance, relating to the powers and duties of the investment fiduciary be considered for adoption, the Council does hereby refer this item to the Legislative Committee for its report and recommendation. 21116 On a motion by Councilman Taylor, seconded by Councilman Ventura, it was #689-84 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated July 18, 1984 and the report and recommendation of the Chief of Police dated August 3, 1984 in connection therewith, with respect to a request from Summit Party Shoppe Inc. (Halim Michael Sheena) , for transfer of ownership of 1984-85 SDD-SDM licensed business from James D. Dunn, and a request for a new Sunday Sales Permit for a business which is located at 32139 Plymouth Road, Livonia, MI 48150, Wayne County, the Council does hereby refer this item to the next study session of the Council to be conducted on September 5, 1984; further, the Council does hereby request that the City Clerk submit a letter to the Michigan Liquor Control Commission requesting additional time in order for the City Council to properly consider this matter. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ventura, McCann, Bishop NAYS: Feenstra ILEThe President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Ventura, it was #690-84 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated July 6, 1984, and the report and recommendation of the Acting Chief of Police dated August 7, 1984 in connection therewith, the Council does hereby approve of the request from Faraj and Zuhaira Kallabat to transfer ownership of 1984-85 SDM licensed business from the Southland Corporation for a business located at 38340 Joy Road, 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: Taylor, Ventura, McCann, Bishop NAYS: Feenstra The President declared the resolution adopted. 21117 On a motion by Councilman Taylor, seconded by Councilman McCann, it was #691-84 RESOLVED THAT HAVING CONSIDERED THE REPORT AND RECOMMENDATION OF THE Planning Director dated July 9, 1984, approved as to funds by the Finance Director and approved for submission by the Mayor, with regard to a vacant home which has become available for purchase from the U.S. Department of Housing and Urban Development which is located at 19941 Deering Avenue and the legal description of which is as follows: Lots 322 and 323, the Argonne Subdivision of part of the Northeast 1/4 of Section 1 , T. 1 S. , R. 9 E The Council does hereby approve and authorize the purchase of the aforesaid home for the sum of $35,000; further, the Council does hereby authorize closing costs which are estimated to be in the amount of $700; and the Council does hereby appropriate and authorize the expenditure of the aforesaid funds from Community Development Block Grant Funds for this purpose; and the Department of Law is 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 resolution with the following result: AYES: Taylor, McCann, Feenstra, Bishop NAYS: Ventura The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #692-84 RESOLVED, that having considered a communication from the City Planning Commission dated July 26, 1984 which transmits its resolution 7-133-84 adopted on July 24, 1984 with regard to Petition 84-3-2-10, submitted by Thomas Guastello and Jeffery Anderson requesting waiver use approval to construct a restaurant on the east side of Middlebelt Road, north of Schoolcraft Service Drive in the Southwest 1/4 of Section 24, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 84-3-2-10 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. 21118 A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Bishop NAYS: Ventura, McCann The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #693-84 RESOLVED, that having considered a communication from the City Planning Commission dated July 26, 1984 which transmits its resolution 7-134-84 adopted on July 24, 1984 with regard to Petition 84-3-2-11 submitted by Thomas Guastello and Jeffery Anderson requesting waiver use approval to utilize a Class C license within a restaurant proposed to be constructed on the east side of Middlebelt, north of Schoolcraft Service Drive in the Southwest 1/4 of Section 24, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 84-3-2-11 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; further, the Council does hereby expressly waive the 1 ,000 ft. requirement set forth in Section 11 .03(h) of the Zoning Ordinance with respect to the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES. Taylor, McCann, Feenstra, Bishop NAYS: Ventura The President declared the resolution adopted. On a motion by Councilman Ventura, seconded by Councilman Feenstra, and unanimously adopted, it was #694-84 RESOLVED, that having considered a communication from the City Planning Commission dated July 31 , 1984 which transmits its resolution 7-139-84 adopted on July 24, 1984 with regard to Petition 84-7-2-23 submitted by Wonderland Shopping Center requesting waiver use approval to expand and construct buildings in excess of 30,000 sq. ft. on the southwest corner of Plymouth and Middlebelt Roads in Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning 21119 Commission and Petition 84-7-2-23 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, as well as the additional condition that the landscape plan approved herein shall be revised in accordance with a plan dated August 16, 1984. On a motion by Councilman Ventura, seconded by Councilman Feenstra, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 15, 1984, which sets forth its resolution 6-107-84 adopted on June 5, 1984, with regard to Petition 84-5-2-19 submitted by Albert Iafrate requesting waiver use approval to construct a muffler/shock installation shop on the south side of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on July 23, 1984, pursuant to Council Resolution 529-84, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 84-5-2-19 is hereby approved and granted subject to compliance with the following conditions: (1 ) that the building be located on the west side of the property rather than the east side as proposed, (2) that the required Plymouth Road right-of-way be conveyed to the City, (3) that the existing residential building and related buildings and debris on the property be removed. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Feenstra NAYS: Taylor, McCann, Bishop The President declared the resolution denied. On a motion by Councilman Taylor, seconded by Councilman McCann, it was #695-84 RESOLVED, that having considered a communication from the City Planning Commission, dated June 15, 1984, which sets forth its resolution 6-107-84 adopted on June 21120 5, 1984, with regard to Petition 84-5-2-19 submitted by Albert Iafrate requesting waiver use approval to construct a muffler/shock installation shop on the south side of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on July 23, 1984, pursuant to Council Resolution 529-84, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 84-5-2-19 is hereby denied for the same reasons as those set forth in the aforesaid action of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, McCann, Bishop NAYS: Ventura, Feenstra The President declared the resolution adopted. On a motion by Councilman McCann, seconded by Councilman Ventura, it was IL. RESOLVED, that having considered a communication from the City Planning Commission dated August 8, 1984, which transmits its resolution 8-151-84 adopted on July 31 , 1984 with regard to Petition 84-7-8-28 submitted by Spectradyne, Inc. , requesting site plan approval in connection with a proposal to construct a satellite antenna on property located on the west side of Laurel Park Drive, north of Six Mile Road, in Section 7, pursuant to the provisions set forth in Section 18.47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 84-7-8-28 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. On a substitute motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was 1696-84 RESOLVED, that having considered a communication from the City Planning Commission dated August 8, 1984, which transmits its resolution 8-151-84 adopted on July 31 , 1984 with regard to Petition 84-7-8-28 submitted by Spectradyne, Inc. , requesting site plan approval in connection with a proposal to construct a satellite antenna on property located on the west side of Laurel Park Drive, north of Six Mile Road, in Section 7, pursuant to the 21121 provisions set forth in Section 18.47 of Ordinance 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation (including consideration of an alternative location). On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #697-84 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 251 for a proposed improvement consisting of placing 4" of asphalt on the existing roadway (Alternate IV) on Ingram Avenue between Five Mile Road and Myrna Avenue in the S.E. 1/4 of Section 15, T. 1 S. , R. 9 E. , 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 August 15, 1984 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. 251 ; IL. 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 9, 1984, in the amount of $29,350, 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. 251 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 , 21122 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 , 1985 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 , 1984 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1985 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 , 1984 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 ($5,179.41 ) and 100% of the drainage costs ($27,064. 13) in a total amount of $32,243.54. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ventura, McCann, Feenstra, Bishop NAYS: None 21123 On a motion by Councilman Ventura, seconded by Councilman McCann, it was #698-84 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 252 for a proposed improvement consisting of placing approximately 4" of asphalt on the existing roadways (Alternate IV) on Myrna Avenue between Merriman Road and Hubbard Road in the S.E. 1/4 of Section 15, T. 1 S. , R. 9 E. , 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 August 15, 1984 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. 252; 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 9, 1984, in the amount of $40,860.90, 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 resolutions of the City Council , (2) Said Special Assessment Roll No. 252 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 lbw rate of interest borne by said bonds. In such cases where the installments will be less than 21124 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 , 1985 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 , 1984 pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1985 City tax roll in the manner required by Section 3.08.210 of the Livonia Code of Ordinances, imp as amended, together with interest upon all unpaid installments from December 1 , 1984 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 3.08.220 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 of the said improvement in the amount of $7,210.75 A roll call vote was taken on the foregoing resolution with the following result: AYES. Taylor, Ventura, McCann, Feenstra, Bishop NAYS None On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was 21125 On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was #699-84 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 253 for a proposed improvement consisting of placing approximately 4" of asphalt on the existing roadways (Alternate IV) on Purlingbrook Road between Eight Mile Road and St. Martins Avenue and on Bretton Road between Purlingbrook Road and Flamingo Avenue in Section 2, T. 1 S. , R. 9 E. , 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 August 15, 1984 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. 253; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; lbw 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 9, 1984, in the amount of $69,588, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said ' ict, in accordance with the plans of the _ 1 y Engineer and resolutions of the City Council , (2) Said Special Assessment Roll No. 253 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 imp 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 21126 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 , 1985 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 , 1984 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1985 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 , 1984 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 ($12,280.24) and 100% of the drainage costs ($38,746.88), for a total amount of $51 ,027.12. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ventura, McCann, Feenstra, Bishop NAYS: None 21127 On a motion by Councilman McCann, seconded by Councilman Ventura, it was #700-84 WHEREAS, the City Council having duly met and reviewed the special assessment levied on the Special Assessment Roll as prepared by the City Assessor to cover the district portion of the cost of a street paving improvement consisting of placing approximately 4" of asphalt on the existing roadway (Alternate IV) of Munger Avenue from Middlebelt Road to approximately 650 ft. west in the N.E. 1/4 of Section 14, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan; 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 9, 1984, in the amount of $11 ,010.76, 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. 254 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) 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 , 1985 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, 21128 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 , 1984 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1985 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 , 1984 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 ($1 ,943.07) and 100% of drainage costs ($2,760) of the said improvement within the said district for a total amount of $4,703.07. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ventura, McCann, Feenstra, Bishop NAYS: None On a motion by Councilman Taylor, seconded by Councilman Ventura, it was 21129 #701-84 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 10, 1984, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Thompson-McCully Company, 11620 Whitmore Lake Road, Whitmore Lake, Michigan 48189, for the 1984 Miscellaneous Street Improvement Program for the estimated total cost of $216,339.29 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 costs 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 $216,339.29 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: Taylor, Ventura, McCann, Feenstra, Bishop NAYS• None On a motion by Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #702-84 RESOLVED, that having considered a communication dated August 3, 1984, from the Department of Law transmitting for Council acceptance three (3) Quit Claim Deeds, more particularly described as: (1 ) Quit Claim Deed dated June 6, 1984, executed by H. James Graham and R. Michael Kennedy, Jr. its Vice President-Real Estate and Vice President, General Counsel of Wendy's International , Inc. for: Land in the City of Livonia, County of Wayne, State of Michigan to wit: 21130 That part of the Northwest 1/4 of Section 36, T. 1 S. , R. 9 E. , being more particularly described as: Beginning at a point on the North line of Section 36, distant N. 89°42' East 1 ,850.01 feet from the Northwest corner of Section 36, and running thence, North 89°42'East (along the North line of Section 36, and centerline of Plymouth Road) 169.64 feet; thence South O1°33'30" West 60.03 feet; thence South 89°42' West 167.55 feet; thence North 00°26'20" West 60.00 feet to the point of beginning. (Plymouth Road Right-Of-Way, Part of Bureau of Taxation Parcel 36A13) (2) Quit Claim Deed dated June 7, 1984, executed by Stephen C. Johnson, Judith E. Johnson, his wife, and Eugene C. Kusluski , a single man, for: The South 60 feet of the following parcel of land: That part of the S.W. 1/4 of Section 25, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the South line of said Section 25 distant S. 87°13' E. , 908.65 feet from the S.W. corner of said Section 25; proceeding thence N. 2°54'30" E. , 200 feet; thence S. 87°13' E. , 55.0 feet; thence N. 2°54'30" E. , 122.0 feet; thence S. 87°13' E. , 240 feet; thence S. 2°54'30" W. , 322 feet to the South line of said Section 25; thence N. 87°13' W. along said South line, 240 feet to the point of beginning. (Plymouth Road right-of-way, Part of Bureau of Taxation Parcel 25Q 14a3, 25Q 14b, 25Q 15, 16 & 17). (3) Quit Claim Deed dated July 6, 1984, executed by Joseph M. Lyons, President of SCB Restaurant Systems, Inc. for: The South 60 feet of the following parcel of land: The East 120 feet of the West 540 feet of the South 322 feet of the East 1/2 of the S.W. 1/4 of Section 25, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan (Plymouth Road right-of-way, Part of Bureau of Taxation parcels 25Q 35 and 25Q 34) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deeds and the City 21131 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 McCann, seconded by Councilman Taylor, and unanimously adopted, it was #703-84 RESOLVED, that having considered a communication dated July 25, 1984, from the Department of Law transmitting for Council acceptance a Quit Claim Deed more particularly described as: Quit Claim Deed, dated June 15, 1984, executed by A.S. Nakadar, M.D. , Partner for RN Associates, A registered Michigan Limited Partnership, for: The West 43 feet of the following parcel of land being more particularly described as follows: That part of land beginning at a point distant S. 00°02'00" E. , 360.00 feet from the North 1/4 corner of Section 2, T. 1 S. , R. 9 E. , Livonia Twp. (now City of Livonia) Wayne County, Michigan; thence S. 89°56'50" W. , 653.54 feet; thence S. 00°02'08" E. , 300 feet thence N. 89°56'50" W. , 653.56 feet; thence N. 00°02'00" W. , 300 feet to the Place of Beginning, (Purlingbrook Avenue Right-of-Way, Part of Bureau of Taxation Parcels 02D1A2 and 02D1A3). the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all the other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #704-84 RESOLVED, that having considered a communication dated July 31 , 1984, from the Department of Law transmitting for Council acceptance four (4) Grants of Easement, more particularly described as: (1 ) Grant of Easement dated June 20, 1984, executed by Mary Jane DuLyn, a single woman, for: The South 12 feet of the following described parcel : Lot 8 except the East 126.02 feet thereof, B.E. Taylor's Schoolcraft Manor Subdivision, S.W. 1/4 21132 of Section 23, T. 1 S. , R.9 E. , City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 23d8b) (2) Grant of Easement dated June 20, 1984, executed by Clara A. DeNapoli , a single woman, for: The East portion of Lot 91 measuring 6.0 feet on the North property line and 21 .0 feet on the South property line of the following described parcel : Lot 91 , B.E. Taylor's Schoolcraft Manor Subdivision No. 2, being a subdivision of the West 1/2 of Section 23, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 23e91 ) (3) Grant of Easement dated April 3, 1978, executed by Larry R. Bradley and Beverly J. Bradley, his wife, for: The North 10 feet of the South 16 feet of the following described parcel : Lot 104, B.E. Taylor's Schoolcraft Manor Subdivision No. 2, being a subdivision of part of the West 1/2 of Section 23, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (23e104). (4) Grant of Easement dated April 3, 1978, executed by Michael C. Raetz and Mary H. Raetz, his wife, for: The North 10 feet of the South 16 feet of the following described parcel : Lot 105, B. E. Taylor's Schoolcraft Manor Subdivision No. 2, being a subdivision of part of the West 1/2 of Section 23, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (23e105). the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants 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. 21133 On a motion by Councilman McCann, seconded by Councilman Taylor, and unanimously adopted, it was #705-84 RESOLVED, that having considered a communication dated August 6, 1984, from the Department of Law transmitting for Council acceptance two (2) Grants of Easement, more particularly described as: (1 ) Grant of Easement dated August 1 , 1984, executed by Ved P. Kapila & Pushpa Kapila, his wife, for: A 12.00 ft. wide storm sewer easement in the S.W. 1/4 of Section 13, T. 1 S. , R. 9 E. , City of Livonia, County of Wayne, State of Michigan, the center line of which is described as follows: Beginning at the S.W. corner of said Section 13, thence S. 89°40'40" East 828.61 ft. along the South line of said Section 13 to a point; thence N. 0°37'50" West 60.00 ft. ; thence N. 0°37 '50" West 150.00 ft. , thence N. 89°40'40" West 59.00 feet which is the point of beginning at the center line of the easement; thence N. 0°37'50" West 108.00 feet; thence N. 67°30'30" East 102.00 feet to the property line which is the point of ending at the center line of the easement. (2) Grant of Easement dated August 1 , 1984, executed by Ved P. Kapila & Pushpa Kapila, his wife, for: A 20.0 ft. wide water main easement in the S.W. 1/4 of Section 13, T. 1 S. , R. 9 E. , City of Livonia, County of Wayne, State of Michigan, the center line of which is described as follows: Beginning at the S.W. corner of said Section 13; thence S. 89°40'40" East 828.61 ft. along the south line of said Section 13 to a point; thence N. 0°37'50" West 60.00 feet; thence N. 0°37'50" West 150.00 ft. ; thence N. 89°40'40" West 76.00 feet; thence N. 0°37'50" West 86.00 feet to the point of beginning at the center line of the easement; thence continuing along the same line N. 0°37'50" West 61 .5 + feet to the property line, which is the point of ending at the center line of the easement. 1Lp the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easement and the 21134 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 Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #706-84 RESOLVED, that the Council does hereby amend and revise Council Resolution 27-84 so as to provide that the Regular Meeting of the City Council , presently scheduled to be conducted on Wednesday, September 12, 1984 be rescheduled so as to be conducted on Monday, September 10, 1984; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, this 1 ,036th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:00 p.m. , August 20, 1984. ROB , E NASH CITY CLERK