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HomeMy WebLinkAboutCOUNCIL MINUTES 1989-04-26 24951 101 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND FIFTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 26, 1989, the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8 05 P M Councilman Ochala delivered the invocation Roll was called with the following result Present Fernon P Feenstra, Robert R Bishop, Joan McCotter, Gerald Taylor and Ron Ochala , Absent* Laura Toy (due to family illness) and Jurcisin (out of town on business) Elected and appointed officials present Harry Tatigian, City Attorney, Robert F Nash, City Clerk, John Nagy, Planning Director, Gary Clark, Assistant City Engineer, Marilyn Kazmer, Director of Administrative Services , Karen 5zymula, Director of Legislative Affairs , David Preston, Finance Director, Suzanne Wisler,L Director of Community Res0urces , Jganne Treff, Cable TV Dfreotor, Jack EngebretsOn and William LaPine, Planning Commission On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #353-89 RESOLVED, that the minutes of the 1 ,150th Regular Meeting Of the Council of the City of Livonia , held April 12, 1989 are hereby approved The Chair directed that Item 47 proclaiming May 9, 1989 as National Teacher Day in Livonia be brought forward On a motion unanimously introduced, supported and adopted, it was #354-89 WHEREAS, teachers touch the lives of all of America' s Children and play a crucial role in their social development, and WHEREAS, teachers motivate students to become active learners , and 24952 WHEREAS, teachers meet challenges daily, reaching out to every student regardless of ability, interest in learning, L ��ci�l Vr economic background, handicap, race, religion, creed, or ethnic origin, and WHEREAS, teachers offer counseling and support to students not only in their classrooms but throughout their years in school as they prepare for their careers , and WHEREAS, America depends on successful school instructional programs that meet the needs of every child, and WHEREAS, teachers are carrying out a major responsibility in preparing our young people to assume their role as effective citizens, and WHEREAS, teachers contribute to the economic growth of this nation by providing students the skills that make them a viable part of the work force, NOW, THEREFORE BE IT RESOLVED that May 9, 1989 is hereby proclaimed National Teacher Day as a time for public recognition of teachers ' contributions to the development of this community and teachers ' influence on the lives of all of us On a motion by Councilwoman McCotter, seconded by Councilman Bishop, it was 1355-89 RESOLVED, that having considered a letter from the Athletic Director of Racquetime, 36600 Plymouth Road, Livonia, Michigan 48150, dated April 17, 1989, and having also considered the report and recommendation of the Mayor, dated April 17, 1989, with regard to a request submitted for permission to conduct the Racquetime 1st Annual RUN For Your LIFE running race on May 6, 1989, on Edward Hines Drive between Newburgh and Joy Roads between the hours of 10 30 a m and 12 30 p.m , the Council does hereby approve this request in the manner and form herein submitted, it being the understanding of the Council that all proceeds of this run are to be donated to the Livonia Heart Fund, and that the estimated cost of $137 41 will be absorbed by the sponsor of this race, Racquetime #356-89 RESOLVED, that having considered the report and recommendation of the City Engineer and the Superintendent of Parks and Recreation , dated March 27, 1989, 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 Hart Well Drilling Company, 1154 S Jefferson Street, Mason, Michigan , for drilling two test holes at the IdylWyld Golf Course for the estimated total cost of $14,245 00, based 24953 upon Engineering Department' s estimate of units involved, and subject to a final payment based upon the actual units completed N�w 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 and authorize the expenditure of a sum not to exceed $14,245 00 from the IdylWyld Golf Course Capital Improvement Fund for this purpose, 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 #357-89 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated April 6, 1989, approved for submission by the Mayor, the Council does hereby accept the unit price bid of Service Envelope Mfg Co , Inc , 7301 Harper Avenue, Detroit, Michigan 48211 , for printing of the envelopes and the Council does further accept the unit price bid of Advance Reproduction Company, 3000 W Fort Street, Detroit, Michigan 48218, for printing of the letterhead and various forms, the action herein being taken for the reasons that the aforesaid bids were the lowest received on the majority of the items requested � #358-89 RESOLVED, that having considered a letter from Cindy Oakes, 34025 West Six Mile Road, Livonia, Michigan 48152, received by the office of the City Clerk on April 3, 1989, wherein it is requested that the ordinance governing garage sales (Section 5 33.060\ be revised so as to permit garage sales to be conducted more than once every six months, the Council does hereby refer this item to the Legislative Committee for its report and recommendation #359-89 RESOLVED, that having considered a letter from Bobby D Myers, Godan - Trustee N J I , dated April 7, 1989, wherein a request is submitted for a waiver of all licenses and fees in connection with a Multi-State Open Heart Benefit to be conducted on July 9, 1989 at the Eddie Edgar Arena, the Council does hereby grant and approve this request in the manner and form herein submitted, and all City departments are hereby requested to do all things necessary to the full performance of this resolution #360-89 RESOLVED, that having considered a letter from the Polish Army Veterans ' Association of America, Joseph Pilsudski , Post 78, 4959-63 Martin Avenue, Detroit, Michigan, dated April 10, 1989, wherein a request is submitted for permission to conduct the annual "Blue Flower" , Polish Poppy Collection, on June 9-10, 1989, the Council does hereby refer this item to the City Clerk � and Department of Law for their respective reports and recommendations 24954 #361-89 RESOLVED, that having considered a letter from Kathleen N�- A Fitzgerald, 9917 Cranston, Livonia, Michigan 48190, requesting permission to close Cranston between Elmira and Orangelawn on Monday, May 29, 1989 from 12 00 noon until O'UD p.m for the purpose of conducting an annual Memorial Day block picnic, the Council does hereby grant permission as requested, the action herein being made subject to the approval of the Police Department #362-89 RESOLVED, that having considered a letter from Bob Temske, 14944 Paderewski , Livonia, Michigan 48154, dated March 31 , 1989, regarding an interpretation of the City' s sign ordinance and its application to signs which contain time/temperature information boards , the Council does hereby refer this item to the Inspection Department for its report and recommendation #363-89 RESOLVED, that having considered a letter from Bob Temske, 14944 Paderewski , Livonia, Michigan 48154, dated March 31 , 1989, wherein a request is submitted for a review of the City policy governing sidewalk replacement, particularly with regard to mixed sidewalk widths, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation. #364-89 RESOLVED, that having considered a communication from the Fire Chief, dated March 21 , 1989, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $3,000 00 from Fire Department Education and Training Account No 101-338-960 010 to Blanket and Medical Account No 101-338-742 000, the action herein being taken for the reasons indicated in the aforesaid communication #385-89 RESOLVED, that having considered a letter from the President of Michael ' s Limousine Service, Inc , 32825 W. Eight Mile Road, Livonia, Michigan 48152, dated March 31 , 1989, wherein a request is submitted for a license to operate a limousine service in the City of Livonia, the Council does hereby refer this item to the Chief of Police for his report and recommendation #366-89 RESOLVED, that having considered a letter from the President of Don ' s Vending Service, Inc' , 37045 Schoolcraft, Livonia, Michigan 48150, dated April 6, 1989, as well as a letter from the City Treasurer, dated April 12, 1989, with regard to a location contract submitted for the purpose of operating three vending machines in the Livonia City Hall , the Council does hereby refer this item to the Mayor and Finance Director for their respective reports and recommendation 24955 #367-89 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated March 30, 1989, LapprVv8d for submission by the Mayor, to which is attached a proposed agreement with PEBSCO, , entitled United States Conference of Mayors Deferred Compensation Program, The Deferred Compensation Plan for Public Employees Plan Document, Livonia, Michigan, the Council does hereby approve and authorize the Mayor and City Clerk to execute the said agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution A communication from the Chairman of the 1989 City of Livonia Tax Board of Review -- a Report -- dated April 4, 1989 was received and placed on file for the information of the Council A communication from the Chairman of the Traffic Commission, dated March 17, 1989 re CR 20-89 requesting a report on the question of the proposed installation Of a traffic control light at the intersection of Mayfield and Seven Mile was received Land placed on file for the information of the Council #368-89 RESOLVED, that having considered a communication from the City Clerk, dated April 6, 1989, which indicates that the proprietor of Regency Circle Subdivision No 2, situated in the Southwest 1 /4 of Section 31, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval , and the Council having received a communication from the City Planning Commission, dated April 5, 7989, wherein said Commission approves the final plat for the said subdivision in its resolution 4-01-89, adopted on April 4, 1989, and the Council having considered a report from the City Engineer, dated March 13, 1989, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 678-88, adopted on July 20, 1988, said preliminary plat having been recommended for approval by the City Planning Commission on June 21 , 1988 in its resolution 0-110-88, NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Regency Circle Subdivision No 2, located in the Southwest 1/4 of Section 31 , City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the Ordinances of the City of Livonia, and further, the City Clerk is hereby requested to do all things L neCessary Or incidental tV the full perfnrmdnoe of thi5 ' resolution 24956 #369-89 RESOLVED, that having considered the report and recommendation of the Planning Director, dated March 30, 1989, L approved for submission by the Mayor, the Council does hereby take this means to state its informal approval of the proposed 1989-90 Community Development Block Grant Program and Budget, and to authorize holding a public hearing on this matter for public comment as required by law, the results of such meeting to be submitted with a final program and budget for formal consideration by the City Council #370-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 7, 1989, which transmits its resolution 3-55-89, adopted on March 20, 1989, with regard to Petition 89-1-2-3, submitted by Alex Fedrigo requesting waiver use approval for outdoor storage of recreational vehicles and boats on property located west of Stark Road between Glendale Avenue and the C & 0 Railroad in the North 1/2 of Section 28, which property is zoned M-1 , the Council does hereby concur in the recommendation made by the Planning Commission and Petition 89-1-2-3 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. #371-89 RESOLVED, that having considered a communication from the City Planning Commission, dated March 20, 1989, which transmits its resolution 2-36-89, adopted on February 28, 1989, � with regard to Petition 89-1-2-4, submitted by Blue Coral requesting waiver use approval to operate an automobile waxing and polishing center within a multi-tenant facility located on the west side of Farmington Road between Schoolcraft Road and the C & 0 Railroad in the Northeast 1/4 of Section 28, which property is zoned M-1 , the Council does hereby concur in the recommendation made by the Planning Commission and Petition 89-1-2-4 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 An Independent Auditor' s Report from Plante & Moran re District Court Funds, dated January 13, 1989 was received and placed on file for the information Of the Council #372-89 RESOLVED, that having considered the Independent Auditor' s Report of Plante and Moran, dated January 13, 1989, with regard to District Court Funds of the 16th District Court for the fiscal year ended November 30, 1988, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation. 24957 ibbAn Independent Auditor' s Report from Plante & Moran re the Economic Development Corporation, dated January 25, 1989 was received and placed on file for the information of the Council #373-89 RESOLVED, that having considered the Independent Auditor' s Report of Plante and Moran, dated January 25, 1989, with regard to the Economic Development Corporation of the City of Livonia for the fiscal year ended November 30, 1988, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation An Independent Auditor' s Report from Plante & Moran re Federal Financial Assistance Programs and Supplemental Information, dated March 3, 1989 was received and placed on file for the information of the Council #374-89 RESOLVED, that having considered the Independent Auditor' s Report of Plante and Moran, dated March 3, 1989, with regard to City of Livonia Federal Financial Assistance Programs and Supplemental Information for the fiscal year ended November 30, 1988, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation Lbw #375-89 RESOLVED, that having considered a communication dated April 4, 1989 from the Engineering Department, approved as to form by the Department of Law and approved for submission by the Mayor, transmitting for Council acceptance four (4) Grants of Easement and two ( 2) Quit Claim Deeds more particularly described as Grant of Easement dated November 30, 1988, executed by Victor Corporate Park Land Investment Partnership by David V Johnson, General Partner, for An easement for sanitary sewer, twelve (12) feet in width, six (6) feet each side of the centerline over the South 1/2 of Section 6, T 1S ,R 9E , City of Livonia, Wayne County, Michigan said centerline being described as follows Commencing at the South 1/4 corner of Section 6, T 1S ,R 9E , City of Livonia, Wayne County, Michigan and proceeding thence N 88°03'03" E , 791 00 feet along the south line of said section and N 01 °56' 57" W , 100 00 feet to a point on the north right-of-way line of Seven Mile Road and the easterly line of I-275 and along the north right-of-way line of Seven Mile Road the following two courses (N 88°03'03" E , 199 13 feet, and lbw S 85°14' 22" E , 43 99 feet) to the point of beginning, thence N 00°13' 25" E , 338 99 feet, thence N 01 °41 ' 47" W , 80 00 feet, thence N 01 °41 ' 47" W , 109 00 feet, thence N 45°29' 27" 24958 W , 148 00 feet, thence N 25°22'04" W ,116 00 feet, thence N 01 °41 ' 47" W , 350 00 feet, thence N 16°27' 37" W , 230 00 feet, thence N 54°52' 18" W , 280 00 feet, thence N 34°01 '05" W , 230 00 feet, thence N 08°23' 55" W , 230 00 feet, thence N 02°21 '08" W , 356 00 feet to the point of ending Grant of Easement dated November 30, 1988, executed by Livonia Hotel Associates, by Patrick M Nesbitt, General Partner, and Victor Corporate Park Land Investment Partnership, by David V Johnson, General Partner, for An easement for water main, twelve (12) feet in width, six (6) feet each side of the centerline over the South 1/2 of Section 6 T 1S ,R 9E , City of Livonia, Wayne County, Michigan said centerline being described as follows Commencing at the South 1/4 corner of Section 6, T 1S ,R 9E , City of Livonia, Wayne County, Michigan and proceeding thence N 88°03'03" E , 791 00 feet along the South line of said Section and N 01 °56' 57" W , 100 00 feet to a point on the north right-of-way line of Seven Mile Road and the easterly line of I-275 and along the north right-of-way line of Seven Mile Road the following two courses (N 88°03'03" E , 199 13 feet, and S 85°14'22" E , 3 37 feet) to the point of beginning, thence N 12°06' 15" E , 20 97 feet, thence N 01 °41 '47" W , 119 00 feet to point 'A' , thence N 01 °41 '47" W , 81 00 feet, thence N 12°56' 47" W , 289 00 feet, thence N 35°26' 47" W , 43 00 feet to a point 'B' , thence N 35°26' 47" W , 122 00 feet, thence N 12°49' 14" W , 172 58 feet, thence N 01 °41 '47" W , 201 27 feet to point ' C' thence N 01 °41 '46" W , 138 39 feet, thence N 23°45' 21 " W , 54 00 feet to point ' D, thence N 23°45' 21 " W , 54 00 feet, thence N 47°53'09" W , 170 00 feet, thence N 59°00'00" W , 122 00 feet, thence N 33°03' 37" W , 20 00 feet to point ' E' , thence N 33°03' 37" W , 205 00 feet, thence N 12°19' 25" W , 63 00 feet to point ' F' , thence N. 12°19' 25" W , 72 00 feet to point 'G' , thence N 12°19' 25" W , 69 76 feet, thence N 01 °28' 34" W , 280 00 feet to point 'H' , thence N 01 °28' 34" W , 60 00 feet, thence N 12°11 '28" W , 75 00 feet to the point of ending Also beginning at point 'A' , thence S 88°13' 13" W , 14 00 feet to the point of ending Also beginning at point 'B' , thence S 54°33'13" W , 14 00 feet to the point of ending Also beginning at point 'C' , thence N 88°03'03" E , 173 00 feet to the point of ending Also beginning at point '0' , thence S, 66°14' 39" W , 14 00 feet to the point of ending Also beginning at point ' E' , thence S 56°56' 23" W , 14 00 feet to the point of ending Also beginning at point ' F' , thence N 77°40' 35" E , 10 00 feet, thence N 78°39'45" E , 45 00 feet, thence N 88°03'03" E , 513 44 feet to the point of ending Also beginning at point 'G' , thence S 77°40' 35" W , 14 00 feet to the point of ending Also beginning at point imp 'H' , thence S 88°31 ' 26" W , 14 00 feet to the point of ending 24959 Grant of Easement dated March 9, 1989, executed by Victor Corporate Park Land Investment Partnership, by David V Johnson, ifto General Partner, for An easement for water main, twelve (12) feet in width, six (6) feet each side of the centerline over the East 1/2 of Section 6, T lS ,R 9E , City of Livonia, Wayne County, Michigan said centerline being described as follows Commencing at the South 1/4 corner of Section 6, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan and proceeding thence along the South line of Section 6, N 88o03/03" E , 791 00 feet, thence N. 01v41 ' 47" W. , 100 00 feet to a point on the Northerly right-of-way line of Seven Mile Road (variable width) , thence along said right-of-way line N. 88^03/03" E , 199 13 feet to a point on the Westerly right-of-way line of Victor Parkway (variable width) , thence along the said right-of-way line the following 9 courses (1 ) N 01»4l '47» W. , 433 01 feet and ( 2) along the chord of a non-tangent curve, N 31 «34' 3ln W , 140 64 feet and (3) along the chord of a curve, N 22»06' 53" W , 272 12 feet and (4) N 01 °41 / 47" W , 267.41 feet and (5) along the chord of a curve, N 30' 57' 49" W , 322 66 feet and (6) along the chord of a curve, N 37u17 ' 29" W , 532 27 feet and (7) N 02"2l /08^ W , 250 18 feet and (8) along the chord of a curve, N 03°33` l9x W , 67 38 feet and (9) along the chord of a curve, N 08o28^28x W , 90 27 feet to a point on the said right-of-way line, thence S 73°55'40" ibm W , 3 27 feet to the point of beginning, proceeding thence N l6o04'20« W , 508 43 feet, thence N 04»59'0lo W , 251 20 feet, thence N 04»l8' l3n E , 54 81 feet , to the point of ending. Grant of Easement dated March 9, 1989, executed by Victor Corporate Park Land Investment Partnership, by David V Johnson, General Partner, for An easement for sanitary sewer, twelve (12) feet in width, six (6) feet each side of the centerline over the East 1/2 of Section 6, T 15, ,R 9E , City of Livonia, Wayne County, Michigan said centerline being described as follows Commencing at the South 1/4 corner of Section 6, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan and proceeding thence along the South line of Section 6, N 88°03'03" E , 791 00 feet, thence N 0l «4l '47" W , 100 00 feet to a point On the Northerly right-of-way line of Seven Mile Road (variable width) , thence along said right-of-way line N 88°03'03" E , 199 13 feet to a point of the Westerly right-of-way line of Victor Parkway (variable width) , thence along said right-of-way line, N 0l »41 '47o W , 433.03 feet to a point on said right-of-way line, thence N 0l »4l /47n W. , 198 99 feet to a point on the Easterly right-of-way line of Victor Parkway (variable width) , � thence along the said right-of-way line the following 7 courses 24960 (1 ) S 88°03'03" W , 52 75 feet and (2) along the chord of a curve, N 18°02' 22" W , 185 72 feet and (3) N 01 °41 '47" W , 100 267 41 feet and (4) along the chord of a curve N 30°57'49" W , 381 32 feet and (5) along the chord of a curve, N. 31 °17' 29" W , 474 20 feet and (6) N 02°21 '08" W , 250 18 feet and (7) along the chord of a curve, N 05°22' 30" W , 175 58 feet to a point on the said right-of-way line, thence N 79°17' 29" E , 9 67 feet to the point of beginning, proceeding thence N 10°42' 30" W , 148 05 feet, thence N 17°51 ' 28" W , 359 37 feet, thence N 06°05'00" W , 293 97 feet, thence S 87°41 '06" W , 98 00 feet to the point of ending A Quit Claim Deed dated December 4, 1988, executed by Berean Baptist Church, by Thomas L Homrick, Chairman, Board of Trustees, for A parcel of land in Section 6, T 1S ,R 9E , City of Livonia, Wayne County, Michigan described as A parcel of land in Section 6, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan described as Commencing at the South 1/4 corner of Section 6, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan and proceeding along the South line of Section 6, N 88°03'03" E , 989 69 feet, thence N 01 °41 ' 47" W 2623 48 feet, and S 87°28' 52" iim W 228 98 feet and N 01 ° 39' 24" W 1182 79 feet to the point of beginning, and proceeding thence S 87°38' 52" W 60 00 feet, and N 01 °39' 24" W 1308 91 feet to a point on the South right-of-way line of Eight Mile Road, thence along said line N 87°54' 15" E 60 00 feet, thence S 01 °39' 24" E 1308 64 feet to the point of beginning Containing 1 803 acres (Victor Parkway Right of Way) A Quit Claim Deed dated December 8, 1988, executed by Victor Corporate Park Land Investment Partnership, by David V Johnson, General Partner, for A parcel of land being a part of the East 1/2 of Section 6, T 1S ,R 9E , City of Livonia Wayne County, Michigan described as COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 6. TOWN 1 SOUTH. RANGE 9 EAST CITY OF LIVONIA, WAYNE COUNTY MICHIGAN AND PROCEEDING THENCE ALONG THE SOUTH LINE OF SECTION 6. N 88° 03 03" E 791 00 FEET THENCE N 01° 56 57" W 100 00 FEET TO A POINT ON THE NORTH LINE OF SEVEN MILE ROAD; THENCE ALONG THE NORTH LINE OF SEVEN MILE ROAD N 88° 03 03" E 199 13 FEET TO A POINT ON THE WEST LINE OF VICTOR PARKWAY ALSO THE POINT BEGINNING: THENCE ALONG THE WEST LINE OF VICTOR PARKWAY N 01° 41 47" W 433 01 FEET THENCE ALONG A NON-TANGENT CURVE TO THE LEFT 141 50 FEET ALONG THE ARC RADIUS 370 00 FEET CENTRAL ANGLE 21° 54 43". THE CHORD BEARS N 31° 34 31" W 140 64 FEET, THENCE ALONG A COMPOUND CURVE TO THE RIGHT 277 97 FEET ALONG THE ARC, RADIUS 390 00 FEET, CENTRAL ANGLE 40° 50' 12" THE CHORD BEARS N 22° 08' 53" W 272 12 FEET; THENCE 24961 N 010 41 47" W 267 41 FEET, THENCE ALONG A CURVE TO THE LEFT, 337 13 FEET ALONG THE ARC, RADIUS 330 00 FEET. CENTRAL ANGLE 58° 32' 02", THE CHORD BEARS N 30° 57' 49" W 322 66 FEET: THENCE ALONG A CURVE TO THE RIGHT 555 59 FEET ALONG THE ARC. RADIUS 550 00 FEET. CENTRAL ANGLE 57°52 42' THE CHORD BEARS N 31° 17 29" W 532 27 FEET THENCE N 02° 21 ' 08" W 250 18 FEET: THENCE ALONG A CURVE TO THE LEFT 67 39 FEET ALONG THE ARC. RADIUS 1604 82 FEET, CENTRAL ANGLE 02° 24 21", THE CHORD BEARS N 03° 33' 19" W 67 38 FEET THENCE 145 03 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 696 06 FEET, PASSING THROUGH A CENTRAL ANGLE OF 11 56' 18", WITH A LONG CHORD BEARING OF N 10° 43' 38" N 144 77 FEET. THENCE N 16° 41 47` W , 377 79 FEET. THENCE 191 62 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 730 00 FEET, PASSING THROUGH A CENTRAL ANGLE OF 15° 02 23" WITH A LONG CHORD BEARING OF N 09° 10 36" W 191 07 FEET THENCE N 01° 39 24" W . 196 27 FEET THENCE 422 02 FEET ALONG THE ARC OF A CURVE TO THE RIGHT. HAVING A RADIUS OF 390 00 FEET PASSING THROUGH A CENTRAL ANGLE OF 62° 00 00", WITH A LONG CHORD BEARING OF N 29° 28 36" E . 401 73 FEET THENCE N 60° 20 36" E 73 98 FEET THENCE 357 09 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 330 00 FEET, PASSING THROUGH A CENTRAL ANGLE OF 62000' 00'. WITH A LONG CHORD BEARING OF N 29° 20 36" E , 339 93 FEET THENCE N 87° 38' 52" E 60 00 FEET THENCE 422 74 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 390 00 FEET, PASSING THROUGH A CENTRAL ANGLE OF 62° 06 22" WITH A LONG CHORD BEARING OF S 290 17 25" W 402 35 FEET THENCE S 60 ° 20' 36' W 73 90 FEET. THENCE 357 10 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 330 00 FEET PASSING THROUGH A CENTRAL ANGLE OF 620 00 00" WITH A LONG CHORD BEARING OF S 29 ° 20' 36" W , 339 93 FEET THENCE S 01° 39 24" E , 119 20 FEET, THENCE 175 87 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 670 00 FEET. PASSING THROUGH A CENTRAL ANGLE OF 15 ° 02 23' WITH A LONG CHORD BEARING OF S 090 10 36" E 175 37 FEET. THENCE S 16 * 41 47" E . 155 77 FEET THENCE S 61° 41 47" E ,' 41 01 FEET, THENCE N 73 ° 18 13" E , 90 00 FEET THENCE 95 01 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 379 50 FEET. PASSING THROUGH A CENTRAL ANGLE OF 14° 20 39" WITH A LONG CHORD BEARING OF N 80° 28 33" E 94 76 FEET THENCE N 87° 38' 52" £ 167 62.FEET. THENCE S 01° 39 24" E 60 01 FEET, THENCE S 87° 38' 52" W 23 85: THENCE 220 03 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 878 89 EET, PASSING THROUGH A CENTRAL ANGLE OF 14° 20 39', WITH A LONG CHORD BEARING OF S 80° 28 33" W , 219 46 FEET THENCE S 73 ° 18 13" W 90 25 FEET THENCE S 28° 47' 26' W , 41 12 FEET. THENCE ' 319 52 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT. HAVING A RADIUS OF 1 664 82 FEET PASSING THROUGH A CENTRAL ANGLE OF 10°59 48" WITH A LONG CHORD BEARING OF S 10° 15' 23" E 319 04 FEET, THENCE ALONG A NON-TANGENT CURVE TO THE RIGHT 69 91 FEET ALONG THE ARC, RADIUS 1664 82 FEET. CENTRAL ANGLE. 02° 24 21", THE CHORD BEARS S 03° 33' 19" E 69 90 FEET. THENCE S 02 ° 21 ' 08' E 250 18 FEET THENCE ALONG A CURVE TO THE LEFT 494 98 FEET ALONG THE ARC, RADIUS 490 00 FEET CENTRAL ANGLE 57 ° 52' 42" THE CHORD BEARS S 31° 17' 29" E 474 20 FEET, THENCE ALONG A CURVE TO THE RIGHT, 398 42 FEET ALONG THE ARC, RADIUS 390 00 FEET, CENTRAL ANGLE 58° 32' 00" THE CHORD BEARS S 30 ° 57' 49' W , 381 32 FEET, THENCE S 01° 41 47"E 267 41 FEET THENCE ALONG A CURVE TO THE LEFT 188 26 FEET ALONG THE ARC. RADIUS 330 00 FEET CENTRAL ANGLE 32 ° 41 10" THE CHORD BEARS S 18° 02 22" E 185 72 FEET THENCE N BB ° 03 03" E 52 75 FEET, THENCE N 88°03' 03" E 100 00 FEET. THENCE S 01 41 " 47' E 699 00 FEET, THENCE S 88° 03 03" W 50 00 FEET, THENCE N 01° 41 ' 47" W 61 12 FEET THENCE N 85 ° 14' '22" W 50 32 FEET TO THE POINT OF BEGINNING CONTAINING 7 359 ACRES (VICTOR PARKWAY RIGHT-OF-WAY) 24962 LESS THE FOLLOWING bESCRI8EO PARCEL A PARCEL OF LAmO IN SECTION 6 TOWN 1 SOUTH. RANGE 9 EAST CITY OF �IYOwl�. WAYNE COUNTY MICHIGAN DESCRIBED AS. L CONmENCING AT THE SOUTH 1/4 CDRNEA OF SECTION 6. TOWN 1 S0JTH. RANGE 9 EAST CITY OF LlVONIA. WAYNE COUNTY MICHIGAN AND PROCEEDING ALONG THE SOUTH LINE OF SECTION 6 N Be' 03 03' E . 791 00 FEET. THENCE N or 56 57' w 100 00 FEET, THENCE N 8B" 03 03^ E 199 13 FEET TO THE POINT OF BEGINNING, THENCE N 01' 41 47' W 632 00 FEET THENCE N 8B^ 03 03' E 100 00 FEET THENCE S 01"41 47' E 699 00 FEET TO A POINT ON THE NORTH LINE OF SEVEN MILE ROAD THENCE ALONG THE NORTH THENCE ALONG THE NORTH LINE OF SEVEN MILE ROAD 5 88' 03 03' W 50 00 FEET THENCE N 41` 47" W 61 12 FEET THENCE N 85' 14 22' W 50 32 FEET TO THE POINT OF BEGINNING CONTAINING 1 531 ACRES the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easement and Quit Claim Deeds, subject, however, to the Victor Corporate Park Land Investment Partnership posting with the City of Livonia an irrevocable letter of credit (approved as to form by the Department of Law) , in the amount of $75,000 00 to insure the completion of the street improvements within the Street rights-of-way noted herein, 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, and be it further resolved, that said street is a public street and is for public street purposes, and further, that said street is accepted into the City Local Street System #376-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 16, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize final payment in the amount of $14,805 97 to South Hill Construction Company, 51490 Pontiac Trail , Wixom, Michigan 48096, which sum includes the full and complete balance due on a contract dated April 6, 1988 in the amount of $370,018 60, the actual contract amount completed to date being $384,624 57 in connection xith the Seven Mile Super Highway Subdivision paving project which was authorized pursuant to Council Resolution 312-88, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution #377-89 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Hydra-Flex, Inc , 12182 Belden Ct , Livonia, Michigan 48150, dated April 6, 1989, covering new industrial facilities to be located within City of Livonia Industrial Development District No 44, VOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 24963 ibro 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P A 1974, as amended 2 The City Clerk shall contact each of the affected taxing units and, (i ) indicate the Council ' s interest in this matter, and (ii ) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and (iii ) advise the said taxing units of this Council ' s desire to hold a hearing on this Application on Monday, June 5, 1989, at 8 00 P M at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, June 5, 1989, at 8 00 P M at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan , as the date, time and place for conducting a hearing on this Application #378-89 RESOLVED, that having considered a communication from the City Engineer, dated March 23, 1989, approved for submission by the Mayor, and submitted pursuant to Council Resolution 352-87, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed extension of 900 ft of paving and utilities along Industrial Road in the North 1/2 of Section 27 and the extension of Hubbard Road to South of Schoolcraft Road, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of March 23, 1989, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, June 5, 1989 at 8 00 P M as the date and time for a public hearing on the Necessity for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan, pursuant low to Section 3 08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code 24964 lim A roll call vote was taken on the foregoing resolutions with the following result AYES Ochala, Bishop, McCotter, Taylor and Feenstra NAYS None The President declared the resolutions adopted At the direction of the Chair, Item 26 re the proposed lot split requested by George Sackleh, 18675 Wayne, Livonia, South of Seven Mile and West of Wayne, into four parcels (CR 158-89) was removed from the Agenda to be placed on the Agenda of the next Regular Meeting of May 10, 1989 On a motion by Councilman Ochala, seconded by Councilman Taylor, and unanimously adopted, it was #379-89 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 19, 1989, and submitted pursuant to Council Resolution 719-87 in connection with a communication from the Department of Law, dated July 10, 1987, approved by the Planning Director and approved for submission by the Mayor Pro Tem and which submits a proposed commercial lawn fertilization ordinance which proposed ordinance received its First Reading by Councilman Ochala on August 10, 1987, the Council does hereby refer this item to the Department of Law for its report and recommendation with respect to the possible inclusion of pesticides, review of a proposed model ordinance, as well as the City of Milford ordinance, etc On a motion by Councilman Ochala, seconded by Councilman Bishop, and unanimously adopted, it was #380-89 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 19, 1989, and submitted pursuant to Council Resolution 976-88 in connection with a communication from Councilman Ron Ochala, dated September 26, 1988, wherein a proposal is submitted for the adoption of an amendment to Zoning Ordinance 543 which would require all applicants requesting a rezoning of property to install a sign on such property indicating that a zoning change iir is being proposed, the Council does hereby refer this item to the Planning Commission for its report and recommendation 24965 On a motion by Councilman Ochala, seconded by Councilman Bishop, i unanimously adopted, it was /381-89 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 19, 1989, and submitted pursuant to Council Resolution 863-87 in connection with a letter from the President of the Fairway Farms Homeowners Association, dated August 19, 1987, wherein it is suggested that the Zoning Ordinance be amended so as to require the giving of formal written notice to all property owners of record located within a square mile to the affected area of any zoning change, the Council does hereby refer this item to the Planning Commission for its report and recommendation Councilwoman McCotter took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 27 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE lip CITY OF LIVONIA ZONING ORDINANCE' BY ADDING SECTION 3 THERETO (Petition 88-11-1-36) A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, Bishop, McCotter, Taylor and Feenstra NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 21 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 LVIONIA ism ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 88-10-1-32) 24966 lim A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, Bishop, McCotter, Taylor and Feenstra NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #382-89 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated February 21 , 1989, the report and recommendation of the Chief of Police, dated April 10, 1989, and the report and recommendation of the Planning Director, dated March 29, 1989, the Council does hereby approve of the request from M & R Development, Inc to add space to 1988 SDD-SDM licensed business with off-premise storage for a business located at 31450 W Five Mile Road, Livonia, Michigan 48154, Wayne County, and she City Clerk is hereby requested 10 to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Councilman Ochala, seconded by Councilman Taylor, and unanimously adopted, it was #383-89 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 6, 1989, the report and recommendation of the Chief of Police, dated April 10, 1989, and the report and recommendation of the Planning Director, dated March 29, 1989, the Council does hereby approve of the request from Meadowdale Foods, Inc to transfer ownership of 1988 SDM licensed business from Borman ' s Inc , for a business located at 27428 W Six Mile Road, Livonia, Michigan 48152, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Councilman Taylor, seconded by Councilman Ochala, it was imil #384-89 RESOLVED, that having considered a letter from Doug Kurtis, Race Director of the Roadrunner Classic, dated October 24967 28, 1988, and having considered the report and recommendation of the Superintendent of Parks and Recreation, dated April 11 , 1989, and the report and recommendation of the Chief of Police, dated April 5, 1989, the Council does hereby approve and authorize the annual Roadrunner Classic Race to be held on July 29, 1989, which race would start on Stark Road, South of Lyndon, go South on Stark Road to the Jeffries Service Drive, West on the Service Drive to Levan Road, North on Levan to Lyndon, East on Lyndon to Fairlane, North on Fairlane to Five Mile, East on Five Mile to Farmington Road, South on Farmington Road to Lyndon and West on Lyndon to Stark and then finish, further, the Council does hereby require that the sponsor of this race shall bear the cost of the Division of Police providing its services in the estimated amount of $140 00 for six reserves and one regular Police Officer A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, McCotter and Taylor NAYS Bishop and Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #385-89 RESOLVED, that having considered a communication from the City Assessor, dated April 5, 1989, approved for submission by the Mayor, with regard to a request from Mr Mark E Grimm, 5909 Morley, Westland, Michigan 48185, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item 46 127 99 0004 001 into three parcels, the legal descriptions of which shall read as follows Parcel "A" A parcel of land being part of the S W 1/4 of Sec 32, T 1S , R 9E , City of Livonia, Wayne County, Michigan, described as Beginning at a point on the North line of Joy Road, 66 ft wide, said point being located N 89 deg 49 min 18 sec W , 393 50 ft along the South line of said Sec 32 and N 2 deg 08 min 27 sec E, 33 0 ft from the South 1/4 corner of said Sec 32, thence N 2 deg 08 min 27 sec E, 305 57 ft to a point, thence N 87 deg 48 min 13 sec W, 81 08 ft to a point, thence S 2 deg 08 min 27 sec W, 305 60 to a point on the North line of said Joy Road, thence S 87 deg 49 min 18 sec E, along said line 81 08 ft to the point of beginning Containing 0 568 24968 acres, more or less of land Subject to easements and restrictions of record Parcel "B" A parcel of land being part of the S W 1/4 of Sec 32, T 1S , R 9E , City of Livonia, Wayne County, Michigan, described as Beginning at a point on the North line of Joy Road, 66 ft wide, said point being located N 89 deg 49 min 18 sec W, 474 55 ft along the South line of said Sec 32, and N 2 deg 08 min 27 sec E, 33 0 ft from the South 1/4 corner of said Sec 32, thence N 2 deg 08 min 27 sec E, 305 60 ft to a point, thence N 87 deg 48 min 13 sec W, 82 00 ft to a point, thence S 2 deg 08 min 27 sec W, 305 62 ft to a point on the North line of said Joy Road, thence S 87 deg 49 min 18 sec E, along said line 82 00 ft to the point of beginning Containing 0 575 Acres, more or less of land Subject to easements and restrictions of record Parcel "C" A parcel of land being part of the S W 1/4 of Sec 32, T 1S , R 9E , City of Livonia, Wayne County, Michigan, described as Beginning at a point on the North line of Joy Road, 66 ft wide, said point being located N 89 deg 49 min 18 sec W, 556 55 ft along the South line of said Sec 32, and N 2 deg 08 min 27 sec E 33 00 ft from the South 1/4 corner of said Sec 32, thence N 2 deg 08 min 27 sec E, 305 62 ft to a point, thence N 87 deg 48 min 13 sec W, 82 00 ft to a point, thence S 2 deg 08 min 27 sec W, 305 66 ft to a point on the North line of said Joy Road, thence S 87 deg 49 min 18 sec E, along said line 82 00 ft to the point of beginning Containing 0 575 Acres, more or less, of land Subject to easements and restrictions of record as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds On a motion by Councilman Taylor, seconded by Councilman Ochala, it was #386-89 RESOLVED, that having considered a communication from the City Assessor, dated April 6, 1989, approved for submission by the Mayor, with regard to a request from Mr Nicholas Meyers, 29110 Sunnydale, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 24969 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item N�~ 46 051 01 0217 002 into three parcels, the legal descriptions of which shall read as follows. PARCEL "A" East 60 feet of Lot 217 and West 5 feet of Lot 218 SUPERVISOR' S LIVONIA PLAT NO 3 of part of N 1 /2 of S W. 1/4 of Sec 13, T lS , R 9E , Livonia Township, Wayne County, Michigan, as recorded in Liber 66, on Page 16 of Plats, W C.R PARCEL "B" West 69 feet of the East 135 feet of Lot 218 SUPERVISOR' S LIVONIA PLAT NO 3 of part of N 1/2 of S W 1/4 of Sec 13, T 73 , R 9E , Livonia Township, Wayne County, Michigan, as recorded in Liber 66, on Page 16 of Plats, W C.R PARCEL "C" East 66 feet of Lot 218 SUPERVISOR'S LIVONIA PLAT NO 3 of part of N 1/2 of S W 1/4 of Sec 13, T 15, , R 9E. , Livonia Township, Wayne County, Michigan, as recorded in Liber 66, on Page 16 of Plats, W C R as shown on the map attached to the aforesaid communication which is made a part hereof by reference , and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals A roll call vote was taken on the foregoing resolution with the following result AYES. Ochala , Bishop, Taylor and Feenstra NAYS. McCotter The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #387-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 6, 1989, which transmits its resolution 3-48-89, adopted on March 20, 1989, with regard to Petition 89-1-2-8, submitted by Schostak Brothers & Company, Inc , requesting waiver use approval to construct and operate Max & Erma ' s Restaurant within the Laurel Park Place Shopping Mall located at the northwest corner of Six Mile Road and Newburgh Road in the Southeast 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 89-1-2-8 is hereby approved and granted , such approval to be based upon the same 24970 Ibr conditions as those set forth in the aforesaid recommendation of the Planning Commission On a motion by Councilman Ochala, seconded by Councilwoman McCotter, and unanimously adopted, it was #388-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 6, 1989, which transmits its resolution 3-49-89, adopted on March 20, 1989, with regard to Petition 89-1-2-9, submitted by Schostak Brothers & Company, Inc , requesting waiver use approval to utilize a Class C liquor license in conjunction with a proposed Max & Erma' s Restaurant to be located within the Laurel Park Place Shopping Mall located at the northwest corner of Six Mile Road and Newburgh Road in the Southeast 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 89-1-2-9 is hereby approved and granted, and the Council does hereby waive the 1000' separation requirement as set forth in Section 11 03(h) of Zoning Ordinance 543 On a motion by Councilman Taylor, seconded by Councilwoman McCotter, Le and unanimously adopted, it was #389-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 6, 1989, which transmits its resolution 3-50-89, adopted on March 20, 1989, with regard to Petition 89-1-2-10, submitted by Schostak Brothers & Company, Inc , requesting waiver use approval to construct and operate D Dennison' s Restaurant within the Laurel Park Place Shopping Mall located at the northwest corner of Six Mile Road and Newburgh Road in the Southeast 1 /4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 89-1-2-10 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 On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #390-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 6, 1989, which transmits its resolution 3-51-89, adopted on March 20, 1989, with regard to Petition 89-1-2-11 , submitted by Schostak Brothers & Company, Inc , requesting waiver use approval to utilize a Class C liquor 24971 license in conjunction with a proposed D Dennison' s Restaurant to be located within the Laurel Park Place Shopping Mall located at the northwest corner of Six Mile Road and Newburgh Road in the Southeast 1/4 of Section 7, which property is zoned C-2, the Council does does hereby concur in the recommendation made by the Planning Commission and Petition 89-1-2-11 is hereby approved and granted, and the Council does hereby waive the 1000' separation requirement as set forth in Section 11 03(h) of Zoning Ordinance 543 On a motion by Councilman Bishop, it was RESOLVED, that having considered a communication from the City Planning Commission, dated April 7, 1989, which transmits its resolution 3-61-89, adopted on March 20, 1989, with regard to Petition 89-2-8-8, submitted by Al Margolin, requesting site plan approval in connection with a proposal to remodel the front of an existing building located on the south side of Five Mile Road between Farmington and Fairlane in the Northeast 1/4 of Section 21 , pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 89-2-8-8 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 a detailed landscape plan shall be submitted to the City Council for its approval The President relinquished the Chair to support the foregoing resolution at 830 P M On a motion, then, by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was #391-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 7 , 1989, which transmits its resolution 3-61-89, adopted on March 20, 1989, with regard to Petition 89-2-8-8, submitted by Al Margolin, requesting site plan approval in connection with a proposal to remodel the front of an existing building located on the south side of Five Mile between Farmington and Fairlane in the Northeast 1/4 of Section 21 , pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 89-2-8-8 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 24972 additional condition that a detailed landscape plan shall be submitted to the City Council for its approval The President resumed the Chair at 8 36 P M On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #392-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 5, 1989, which transmits its resolution 4-64-89, adopted on April 4, 1989, with regard to Petition 89-3-8-10, submitted by Livonia Development Associate, L P , requesting site plan approval in connection with a proposal to construct Phase One of a multi-story office complex (Victor Corporate Park) located on the north side of Seven Mile Road between Newburgh Road and 1-275 in Section 6, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation Of the Planning Commission and Petition 89-3-8-10 is hereby approved and granted, subject to a variance being granted by the Zoning Board of Appeals downsizing the parking bays from 10 foot wide to 9 foot wide, and subject to compliance with the same conditions as those set forth in the aforesaid recommendation of the Planning Commission On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #393-89 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 28, 1989, and submitted pursuant to Council Resolution 1000-88, with regard to the rental/sale of property located at 29157 Perth, and having also considered a letter from Mr and Mrs . Gerald R Cyrul , dated October 12, 1988, the Council does hereby determine to authorize the continued rental of the home located at 29157 Perth until such time as title insurance can be obtained and the sale finalized On a motion by Councilman Ochala , seconded by Councilwoman McCotter, it was #394-89 RESOLVED, that having considered a communication from the City Planning Commission, dated February 13, 1989, which sets forth its resolution 1-1-89, adopted on January 31 , 1989, with regard to Petition 88-12-1-37, submitted by Milwaukee 0 Investment Company, for a change of zoning on property located 24973 On the east side of Middlebelt Road between Six Mile Road and Pickford Avenue in the Southwest 1/4 of Section 12 from RUF to P S , and the Council having conducted a public hearing with regard to this matter on April 17, 1989, pursuant to Council Resolution 219-89, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 88-12-1-37 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, McCotter, Taylor and Feenstra NAYS Bishop The President declared the resolution adopted On a motion by Councilman Ochala, seconded by Councilwoman McCotter, and unanimously adopted, it was #395-89 RESOLVED, that the Council does hereby request that the City Planning Commission, in accordance with Section 23 01 (a) of Ordinance 543, conduct a public hearing and thereafter submit its report and recommendation on the proposed zoning of certain property located on the east side of Middlebelt Road between LSiX Mile Road and Pickford Avenue in the Southwest 1/4 of Section 12 from RUF to a more appropriate zoning classification At the direction of the Chair, Item 43 re Petition 88-10-1-33 by Kenneth Neumann for Duke Associates, for a change of zoning on property located on the east side of Haggerty Road, north of Six Mile Road in the Southwest 1/4 of Section 7 was removed from the Agenda to be placed on the Agenda of the next Regular Meeting of May 10, 1989. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #396-89 RESOLVED, that having considered a communication from the City Clerk, dated April 18, 1989, the Council does hereby rescind and repeal Council Resolution 303-89, adopted on April 12, 1989, in connection with the Seven Mile Super Highway Subdivision Paving Project - Contract 88-A, the action herein being taken for the reasons indicated in the aforesaid communication 24974 Iwo On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was 1397-89 WHEREAS, April 26, 1989, at 11 00 o'clock a m , Eastern Daylight Time, has been set as the date and time for opening bids for the purchase of the Issuer' s $1 ,705,000 1989 Special Assessment Limited Tax Bonds, AND WHEREAS, said bids have been publicly opened and read, AND WHEREAS, the following bids have been received Average Net Interest Interest Interest Bidder Maturity Rate Premium Rate Cost Prescott, Ball 1991-94 9 00% $57 45 7 007% $944,273 80 & Turben Inc 1995 8 75 1996-97 6 80 1998-99 6 90 2000-01 7 00 2002-05 6 00 Merrill , Lynch 1991-94 9 00% 7 068% $952,493.75 Capital Markets 1995 6 75 Group 1996 6 80 1997 6 85 1998 6 90 1999 6 95 2000-01 7 00 2002 7 05 2003 7 10 2004-05 6 00 Manufacturers 1991-92 9 80% 7 117% $959,148 33 National Bank 1993-95 6 80 of Detroit 1996-97 6 85 1998 6 90 1999 6 95 2000 7 00 2001 7 05 2002 7 10 2003 7 15 2004 7 20 2005 7 25 24975 Griffin, Kubik 1991 9 70% - 7 178% $967,362 08 Stephens & 1992 6.80 Thompson 1993 7 60 1994-95 6.80 1996-98 6 90 1999-2000 7 00 2001-02 7 10 2003 7 20 2004 7 25 2005 7 30 National Bank 1991 7 45% $84 50 7 199% $970,229 67 of Detroit 1992-94 7 00 1995-96 7 10 1997-98 7 15 1999-2001 7 20 2002 7 25 2003 7 30 2004 7 35 2005 7 40 Clayton, Brown 1991-92 9 00% - 7 222% $973,333 37 Imo & Associates 1993 8 875 1994-95 6 80 1996-97 6 90 1998-2000 7 00 2001 7 10 2002 7 20 2003 7 25 2004-05 7 30 A G Edwards 1991-93 9 00% - 7 225% $973,750 00 & Sons and 1994-95 6 90 Security Bank 1996-97 6 95 & Trust Company 1998-99 7 00 2000 7 05 2001 7 10 2002 7 15 2003-05 7 20 Northern Trust 1991-93 9 75% - 7 273% $980,189 25 MI ',ati onal Bk 1994 8 125 LaSalle Nat Bk 1995-96 6 75 1997 6 80 1998 6 85 1999-2000 6 90 2001 7 00 2002-03 7.10 2004 7 20 2005 7 25 24976 L Blunt, Ellis 1991 9 80% - 7 353% $990,981 67 & Loew & Co 1992-93 9 90 1994 8 60 1995-97 6 90 1998-2000 7 00 2001-05 7 10 AND WHEREAS, the bid of Prescott, Ball & Turben Inc , 7331 Euclid Avenue, Cleveland, Ohio 44115 has been determined to produce the lowest interest cost to the Issuer NOW, THEREFORE, BE IT RESOLVED THAT 1 The bid of Prescott, Ball & Turben Inc , as above stated , be and the same is hereby accepted 2 Checks of the unsuccessful bidders be returned to each bidder' s representative or by registered mail 3 The Issuer hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exclusion of the interest on the Bonds L from adjusted gross income for general federal income tax purposes under the Internal Revenue Code of 1988, as amended (the "Code" ) , including, but not limited to, actions relating to the rebate of arbitrage earnings , if applicable, and the expenditure and investment of Bond proceeds and moneys deemed to be Bond proceeds 4 The Issuer hereby designates the Bonds of this issue as "qualified tax exempt obligations" for the purposes of deduction of interest expense by financial institutions pursuant to the Code 5 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded 3n a motion by Councilman Bishop, seconded by Councilman Taylor, it was #398-89 RESOLVED, that having considered a request from the Livonia Symphony Society, Inc , the Council does hereby take this means to indicate that the Livonia Symphony Society, Inc � 's recognized as a non-profit organization operating in the 24977 Community, and that the City of Livonia has no objection to a license being issued to the Livonia Symphony Society, Inc by the Michigan Lottery Commission A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, McCotter, Taylor and Feenstra NAYS Ochala The President declared the resolution adopted Councilman Ochala wanted the record to indicate that he was not opposed to the issuance of a one-day license but had very strong concerns if the license was for an ongoing activity as there are already a number of bingos operating in Livonia On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #399-89 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #400-89 RESOLVED, that having considered a communication from the City Planning Commission, dated February 16, 1989, which sets forth its resolution 2-20-89, adopted on February 14, 1989, with regard to Petition 88-12-1-38, submitted by the City Planning Commission for a change of zoning on property located at the northeast corner of Farmington and Plymouth Roads in the Southwest 1/4 of Section 27, from C-2 and M-1 to R E , and the Council having conducted a public hearing with regard to this matter on April 24, 1989, pursuant to Council Resolution 220-89, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Ochala, seconded by Councilman Bishop, and unanimously adopted, it was 24978 #401-89 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 24, 1989, and submitted pursuant to Council Resolution 1091-88 in connection with the report and recommendation of the Planning Director, dated October 26, 1988, approved for submission by the Mayor, and submitted pursuant to Council Resolution 897-88 in connection with a proposal to provide notification to adjacent property owners of a proposed lot split, the Council does hereby refer this item to the Planning Department for a report and recommendation relative to posting of signs and a schedule of fees On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #402-89 WHEREAS, pursuant to the direction of the City Council in its resolution 343-89, adopted on April 12, 1989 and in accordance with Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of April 13, 1989 an assessment roll dated April 13, 1989 for the proposed improvement consisting of the placement of approximately 4" of asphalt over the existing roadway (Alternate iwo IV) on Northland, St Martins and Bethany in the Southeast 1/4 of Section 6, 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 343-89 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 Wednesday, May 31 , 1989 at 7 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 May 31 , 1989, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class 24979 Imo 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 On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #403-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 25, 1989, and submitted pursuant to Council Resolution 122-89 in connection with a communication from the City Planning Commission, dated November 16, 1988, which sets forth its resolution 11-207-88, adopted on November 1 , 1988, with regard to Petition 88-9-1-27, submitted by Jerry Gottlieb for a change of zoning on property located on the north side of Joy Road between Newburgh Road and Stonehouse Avenue in the Southeast 1/4 of Section 31 , from R-4 to R-7 , and the Council having conducted a public hearing with regard to this matter on January 23, 1989, pursuant to Council Resolution 1147-88, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 88-9-1-27 is hereby denied for the following reasons 1 That the proposed change in zoning will provide for uses that are already prevalent in the area 2 That the proposed change in zoning will not be in harmony with the majority uses in the area which are single family residential 3 That the proposed change in zoning would encourage similar requests for changes of zoning in the area At the direction of the Chair, Item X-5 re Petition 89-1-2-2 by the Rotary Club of Livonia requesting waiver use approval to hold a fund-raising carnival at Ladbroke DRC located at the southeast corner of Schoolcraft Service Drive and Middlebelt Road in the N W 1/4 of Section 25, was removed from the Agenda to be placed on the Agenda of the next Regular Meeting of May 10, 1989 On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #404-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 25, 1989, and submitted pursuant to Council Resolution 276-89 in 24980 connection with a communication from the Court Administrator and the Director of Public Works, dated March 6, 1989, which bears the signatures of the District Judges and the Finance Director, and is approved for submission by the Mayor Pro Tem, and which submits a proposal for the employment of Roger Snyder, Architects, for the purpose of preparing a study with regard to the Court space needs and proposed expansion/renovation of the 16th District Courthouse, the Council does hereby approve and authorize the preparation of the proposed feasibility study, the cost of which is to be financed from budgeted funds in an amount not to exceed $7,500 00 by the firm of Roger Snyder, Architects, 2222 David Stott Building, 1150 Griswold, Detroit, Michigan 48226, including as Consulting Engineers, Mancini , Alkateeb & Associates, Inc , 30400 Telegraph, Suite 486, Birmingham, MI 48010 On a motion by Councilwoman McCotter, seconded by Councilman Taylor, and unanimously adopted, it was #405-89 RESOLVED, that having considered a communication from the Department of Law and the Department of Community Resources, dated March 20, 1989, approved by the Finance Director and approved for submission by the Mayor, and to which is attached a Memorandum of Understanding between the City of Livonia and MetroVision, Inc , 211 Perimeter Center Parkway, Suite 930, Atlanta, Georgia 30346, with regard to a list of potential areas of franchise noncompliance or partial franchise compliance, and which includes certain items contained in an audit conducted by Carl Pilnick in April of 1986, the Council does hereby approve and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia to execute the Memorandum of Understanding 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 On a motion by Councilman Ochala, seconded by Councilman Taylor, and unanimously adopted, it was #406-89 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 25, 1989, and submitted pursuant to Council Resolution 4-89 in connection with a letter from the Michigan Liquor Control Commission, dated December 12, 1988, wherein it is indicated that an application has been received from Max & Erma ' s Livonia, Inc for a new full year Class C license to be located at Building B, Ste B 110, Laurel Park Plaza, Newburgh and Six Mile Roads, Livonia, Michigan, Wayne County, the Council does hereby determine to take no further action 24981 Councilman Bishop announced that he would move a rescinding resolution be placed �- oO the Agenda of the next Regular Council Meeting with regard to the proposed installation of street lights in the 3mVkler-Rousseau Subdivision. On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, this 1 ,151St Regular Meeting of the Council of the City of Livonia was adjourned at 9 03 P M , April 26, 1989 lRnDert F. Nash, City Clerk