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HomeMy WebLinkAboutCOUNCIL MINUTES 1988-07-06 24285 iftil MINUTES OF THE ONE THOUSAND ONE HUNDRED AND THIRTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 6, 1988, 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 00 P.M. Councilwoman McCotter delivered the invocation. Roll was called with the following result Present* Fernon P. Feenstra, Laura Toy, Joan McCotter, Gerald Taylor and Dale Jurcisin Absent* Robert R Bishop and Ron Ochala (both Councilmen on vacation). Elected and appointed officials present. Robert D. Bennett, Mayor; Robert F. Nash, City Clerk, Cathryn K. White, Assistant City Attorney; H. Shane, Assistant Planning Director; Raul Galindo, City Engineer; Ron Mardiros, City Assessor; Ray ii. Pomerville, Labor Relations Director; Barney Knorp, Fire Chief; David Preston, Finance Director; Marilyn Kazmer, Director of Administrative Services, John Fegan, Director of Building Inspection; Jeanne Treff, Cable TV Director, Bonnie Johnson, Council Office; Michael Reiser, Facility Maintenance Manager; Tom Carey, Traffic Commission; William LaPine, Planning Commission and Raymond Tent, Planning Commissioner-to-be. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was 1603-88 RESOLVED, that the minutes of the 1 ,131st Regular Meeting of the Council of the City of Livonia, held June 22, 1988 are hereby approved A communication from the Finance Director, dated June 21 , 1988, forwarding financial statements of the City of Livonia for the month ending May 31 , 1988 im. was received and placed on file for the information of the Council . 24286 iwo On a motion by Councilman Taylor, seconded by Councilwoman McCotter, it was #604-88 RESOLVED, that having considered a letter from Paul Zahra, dated June 20, 1988, requesting permission to close Sunset between Dalhay and Orangelawn on August 7, 1988, between 3.00 P.M. and 10.00 P.M. , for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department. #605-88 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated June 16, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which requests Council authorization for a procedure to sell current used police vehicles and drug forfeiture vehicles using a private auto auction facility, i .e. , Auto Pool Auction Company, 19865 Telegraph, Romulus, Michigan, the Council does hereby concur in and approve of this request in the manner and form detailed in the aforesaid communication. A communication from the Director of the Livonia Housing Commission, dated LMay 24, 1988, re the Livonia Housing Commission Audit Report was received and placed on file for the information of the Council . 1606-88 RESOLVED, that having considered a communication from the Fire Chief, dated June 15, 1988, wherein he is recommending the purchase and installation of a satellite dish in the Civic Center Area, the Council does hereby refer this item to the Mayor for his report and recommendation. #607-88 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated June 13, 1988, approved for submission by the Mayor, wherein certain budget adjustments are recommended for the current fiscal year, the Council does_ hereby determine to increase the following accounts in the following amounts: 101-232-808-000 Audit $12,000 101-234-813-000 Labor Relations 10,000 101-236-765-000 Personnel Selection 2,000 101-236-825-000 Personnel Selection 2,500 101-236-828-000 Personnel Selection 5,000 101-236-905-000 Personnel Selection 1 ,000 101-302-702-000 Police 14,269 101-302-715-000 Police 1 ,021 ibm 101-302-719-000 101-302-720-000 Police 117 101-302-722-000 Police Police 3,183 3,300 24287 101-371-709-000 Inspection 101-441-709-000 Engineering 3,500 25,000 101-737-776-000 Historical Commission 600 $83,490 Further, the Council does hereby determine to reduce the following accounts in the following amounts. 101-230-702-000 Finance (17,500) 101-915-702-000 Data Processing ( 5,000) (22,500) Further, the Council does hereby determine that in addition to the adjustments indicated on Page 2 of the aforesaid communication, that the balance of the funds required to implement the action taken herein shall be appropriated from the Unexpended Fund Balance Account and/or revenues not budgeted at the beginning of the year. #608-88 RESOLVED,that having considered the report and recommendation of the Department of Law, dated June 6, 1988, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby request that in accordance with Council Resolution 300-88 the property at 18259 Lathers im. (Lots 11 , 12, 115 and 116 of Dohany Subdivision) be posted with a "For Sale" sign for 30 days prior to taking bids and that the Director of Finance prepare specifications and obtain competitive bids which bids be accompanied by a deposit in the form of a money order or certified check which is equal to five percent of the bid price, or $500, whichever is greater, and in event of a default, the deposit is subject to forfeiture or liquidated damages, and all competitive bids shall thereafter be submitted to the Council for consideration; and further, that the Department of Law is authorized to obtain an appraisal of said property for a sum not to exceed $200, and a like amount is hereby appropriated and authorized to be expended from Account 101-267-972-001 for this purpose. 1609-88 RESOLVED, that having considered a communication from the Department of Law, dated June 13, 1988, transmitting for Council acceptance a Deed under Act 223, Public Acts of 1909, as amended, being Deed No. 143285, executed on February 11 , 1988, by Roland Harmes, Jr , Chief, Real Estate Division, Department of Natural Resources for the State of Michigan, to the City of Livonia, conveying land in the City of Livonia, described as follows. Garden Farms Lot 98A1 Lot 98 except the South 50 feet thereof also except the East 20 feet thereof, #045-01-0098-002 Schanhites Marquette Manor Lot 384 also East half adjacent vacated alley, #100-01-0384-000 24288 Township 1 South, Range 9 East, Section 21 Part of Southwest quarter (SW 1/4) of Section 21 , beginning North 0° 24' 35" West 1308 86 feet from South quarter corner of Section 21 , thence North 89° 21 ' 23" West 658 07 feet, thence North 0° 25' 27" West 8 15 feet, thence South 89° 45' 50" East 658 feet, thence South 0° 24' 35" East 12.83 feet to point of beginning, #083-99-0007-001 the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid Deed under Act 223, Public Acts of 1909, as amended, being Deed No 143285, and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. #610-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 2, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $655.00 from the Tools and Supplies Account (441-766-000) to the Capital Outlay Account (441-987-000) for the purpose of purchasing a replacement Motorola Maxar U.H.F. 25 watt car radio #611-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 14, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize an increase in the 1987-88 Street Maintenance Budget (Activity 463) in the amount of $50,000 00, said amount to be appropriated and transferred from the State Motor Vehicle Highway Fund Local Road Receipts, to cover the cost of concrete pavement repair in Newburgh Heights Subdivision No. 2 in the S.E. 1/4 of Section 18. 1612-88 RESOLVED, that having considered a communication dated July 6, 1987, from the Engineering Department which bears the signature and approval as to form by the City Attorney and is approved for submission by the Mayor, transmitting for Council acceptance Warranty Deeds, more particularly described as Warranty Deed dated June 26, 1987, executed for Marvin Canner and Lorraine Canner, his wife, Ann Shultz, survivor of herself and her deceased husband, Max Shultz, whose death certificate is attached, Jerome Soble and Marilyn Soble, his wife; Kenneth Soble, a married man, and estate of Allen Soble, Deceased, whose death certificate is attached by Richard S. Soble, his Trustee and Doree Soble, wife of Kenneth Soble for the North 60 feet of the following described parcel • 24289 That part of the Northwest 1/4 of Section 36 described � as beginning at a point on the North section line distance ~�~ N. 89° 42' 00" East, 2,019'85 feet from the Northwest corner of Section 36 and proceeding thence N 89° 42' 00" East along said North line 93.00 feet, thence S. 01" 33' 30" West, 300,00 feet, thence S 89° 42' 00" West 93 00 feet, thence N. Ol" 33' 30x East 300.00 feet to the point of beginning (Plymouth Road Right-of-Way) 28663-97 Plymouth Tax Item 36Al2 (142-99-0008-000) Warranty Deed dated May 12, 1988, executed by Krsto Djordjevic and Dara Djordjevic, his wife, for the North 60 feet of the following parcel of land: A certain parcel of land situated in the N.W. 1/4 of the N. W. 1/4 of Section 35, T 1D. ,R.9E. , City of Livonia, Wayne County, Michigan, more particularly described as: Beginning at a point on the North line of said Section 35 which is S. 89^ 58' 45" E. , 1084 feet from the Northwest corner of Section 35, thence due South on a line parallel to the West line of said Section 35, 315 feet to a point, thence S. 89° 58' 45" East, 113 feet to a point; thence due North 315 feet to a point, thence parallel to the North line of said Section N. 89° 58' 45o West, 113 feet to the � place of beginning, subject to an easement for Plymouth --' Road over the Northerly 60 feet of said property and easements for utilities of records. (Plymouth Road Right-of-Way) and a Quit Claim Deed dated November 2, 1987 executed by Frank Nager and Lois Nager, his wife; Seymour Bodner and Anita Bodner, his wife, and Ida Chaims, survivor of Arthur Chaims, her deceased husband, whose death certificate is attached hereto for the North 60 feet of the following described parcel * Parcel of land lying in the Northwest 1/4 of the Northwest 1/4 of Section 36, Tl .S. ,K 9E. , Livonia Township (now City Of Livonia), Wayne County, Michigan, described as. Beginning at a point on the North line of Section 36, 439.74 feet, N. 89° 42' 00" East, from the Northwest corner of Section 36; thence N. 89° 42' 00" East 160 feet along the North line of Section 36 thence S U" 31 ' 46" East, 300 feet; thence S. 89° 42' 00" West 160 feet, thence N. U" 31 ' 46" West 300 feet to the point of beginning, together with an easement of ingress and egress to Plymouth Road over the East 24 feet of the South 196 feet of the North 300 feet, and the East 31 feet of the South 44 feet of the North 104 feet of the North 313 feet of the West 439.74 � feet of said Section 36. (Plymouth Road Right-of-Way) 24290 Low29195 Plymouth Road Tax Item No 142-99-0015-000 the Council does hereby for and in behalf of the City of Livonia accept the aforementioned Warranty and Quit Claim deeds and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and do all other things necessary or incidental to fulfill the purpose of the resolution, and further, the Council authorizes the Engineering Department to include six (6) foot wide sidewalks adjacent to Parcels 3662 (Tax Item No. 142-99-0015-000) and 35D9a1 (Tax Item 138-99-0021-000) in the City's Miscellaneous Sidewalk Program at an estimated cost of $1 ,600.00 and $1 ,400.00 respectively, and does hereby approve and authorize an expenditure of $3,000.00 from the City' s Motor Vehicle Highway Fund receipts (Major Road Account) for this purpose. #613-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 6, 1988, approved for submission by the Mayor, with regard to the City taking jurisdiction and control of a section of a storm sewer to be constructed by the owners of the Plymouth Woods Apartments at their expense, within the Edward Hines Park, the Council does hereby determine as follows• 1 . To advise the Wayne County Public Service Division (Permit Section) of the City' s willingness to accept jurisdiction and maintenance of a 12-inch storm sewer (approximately 85 1 .f. ) and also 15 feet of 6 inch pipe within the Edward Hines Park in connection with the development of the Plymouth Woods Apartments located on the South side of Plymouth Road in the S W 1/4 of Section 30 (in this connection, the attached letter from the owners indicates their willingness to reimburse the City for any such maintenance that may become necessary) , and 2. To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction. #614-88 RESOLVED, that having considered the report and recommendation of the Planning Director, dated June 21 , 1988, to which is attached a letter from Schostak Brothers and Company, Inc , managing agents for the Newburgh/Six Mile Limited Partnership, which indicates that Jacobson Stores and Schostak Brothers and Company, Inc. have agreed to participate in the landscaping of the East side of Newburgh Road, North of Six Mile Road, in relation to the Gold Manor Subdivision, the Council im. does hereby grant Schostak Brothers and Company, Inc permission to perform the work as outlined on the drawing by the City of Livonia Planning Department plan dated 10-87, including supervising and paying for the cost of said work 24291 1615-88 RESOLVED, that having considered a letter from Vonn Investment Company, 2550 South Telegraph Road, Suite 111 , Bloomfield Hills, Michigan 48013, wherein an interest is indicated in the purchase of Lots 3 and 4, Horton's Subdivision, located in the N.E. 1/4 of Section 31 , the Council does hereby refer this item to the Department of Law for its report and recommendation. 1616-88 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 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, August 17, 1988, at 7 :00 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items* Petition 88-4-1-12, submitted by William J O'Connell , for a change of zoning on property located on the south side of Oakley Avenue, east of Harrison, in the N.E. 1/4 of Section 24, from RUF to R-2, the City Planning Commission in its resolution 6-96-88 having recommended to the City Council that Petition 88-4-1-12 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. 1617-88 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 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, August 15, 1988, at 8:00 P.M. at the City Hall , 33000 Civic Center Drive, 1.. Livonia, Michigan, with respect to the following items 24292 Ibms, Petition 88-5-1-13, submitted by Lou Ronayne, for a change of zoning of property located on the north side of Seven Mile Road between Newburgh Road and Fitzgerald in the S.W 1/4 of Section 5, from RUFC to R-4C, the City Planning Commission in its resolution 6-97-88 having recommended to the City Council that Petition 88-5-1-13 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. #618-88 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from J. P. VanDusen, Supervisory Tax Attorney, Ford Motor Company, dated June 22, 1988, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 1 for a new transmission program to meet stricter Corporate Average Fuel Economy (CAFE) Guidelines, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows. 1 . The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended. 2. The City Clerk shall contact each of the affected taxing units and, (i ) indicate the Council ' s interest in this matter, and (ii ) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii ) advise the said taxing units of this Council ' s desire to hold a hearing on this Application on Monday, August 15, 1988 at 8 00 P M at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan lw. 3. The Council hereby sets Monday, August 15, 1988 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. 24293 L1619-88 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from J. P. VanDusen, Supervisory Tax Attorney, Ford Motor Company, dated June 22, 1988, covering new industrial facilities to be located within City of Livonia Industrial Development District No 1 for an AXOD Transaxle Improvement Program , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows: 1 . The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A 1974, as amended. 2. The City Clerk shall contact each of the affected taxing units and, (i ) indicate the Council ' s interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii ) advise the said taxing units of this Council ' s desire to hold a hearing on this Application on Monday, August 15, 1988 at 8:00 P.M. at the Livonia City Hall , 33000 Civic Center Drive, Livonia, Michigan. im. 3. The Council hereby sets Monday, August 15, 1988 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. A roll call vote was taken on the foregoing resolutions with the following result AYES* McCotter, Taylor, Jurcisin, Toy, Feenstra. NAYS* None. At the direction of the Chair, Item 15 regarding Settlement of the Firefighters Contract was taken off the Agenda to be placed on the Agenda of the Regular Meeting of July 20, 1988 On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was 24294 iftw #620-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 20, 1988, submitted pursuant to Council Resolution 173-88, in connection with the report and recommendation of the Department of Law, dated January 19, 1988, approved for submission by the Mayor and submitted pursuant to Council Resolution 692-87 in connection with an offer of $15,000 00, submitted on behalf of Jerry and Sharon Knoppow for the purchase of certain City-owned property located at the rear of 33919 Plymouth Road, the Council does hereby determine to refer this item back to the Committee of the Whole for further consideration On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, and unanimously adopted, it was #621-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 20, 1988, submitted pursuant to Council Resolution 288-88, in connection with a communication from the Michigan Liquor Control Commission, dated February 19, 1988, and the report and recommendation of the Chief of Police, dated March 22, 1988 in connection therewith, the Council does hereby approve of the request from Ground Round, Inc. , for transfer of ownership of 1987 Class C Licensed Business With Dance Permit And Entertainment Permit (Without Dressing Rooms) , from Saga Restaurants, Inc. , for a business located at 17050 Laurel Park, 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 On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #622-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 20, 1988, submitted pursuant to Council Resolution 303-88, with regard to the question of whether or not relief should be afforded with respect to special assessments for sideyard sidewalk improvements, the Council does hereby determine to take no further action At the direction of the Chair, Item 16 d regarding a request by Walter Stark for a paving assessment reduction was taken off the Agenda to be placed on the Agenda of the Regular Meeting of July 20, 1988 tw. 24295 iw. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was 1623-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 20, 1988, submitted pursuant to Council Resolution 366-88, in connection with a communication from the City Planning Commission, dated January 29, 1988, which sets forth its resolution 1-7-88, adopted on January 26, 1988, with regard to Petition 07-12-1-39, submitted by Alan C Helmkamp for a change of zoning of property located on the Southwest corner of Eight Mile Road and Meadowview Lane in the Northwest 1/4 of Section 6, from RUFC to P S , and the Council having conducted a public hearing with regard to this matter on March 16, 1988, pursuant to Council Resolution 115-88, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 87-12-1-39 is hereby denied for the same reasons as those set forth in the aforesaid recommendation of the Planning Commission; further, the Council does hereby repeal and rescind Council Resolution 274-88 adopted on March 23, 1988, On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, it was L #624-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 20, 1988, submitted pursuant to Council Resolution 441-88, in connection with the proposed site plan submitted in connection with Petition 87~11-2-54, submitted by McDonald' s Corporation for waiver use approval to construct and operate a restaurant VO property located on the north side of Plymouth Road between Farmington and Mayfield in the Southwest 1/4 of Section 27, the Council does hereby determine to take no further aciton. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCotter, Taylor, Toy, Feenstra NAYS: Jurcisin The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #625-88 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 2, 1988, which 24296 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 Sunset Excavating, Inc' , 12641 Stark Road, Livonia, Michigan 48150, for the paving of Laurel and Pinetree Avenue with a 28' wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III ) for the estimated total cost of $380,290.54, based upon the Engineering Department' s estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, further, the Council does hereby appropriate a sum not to exceed $380`290'54 from the 7.9 and/Or 9.8 Million Dollar General Obligation Road Improvement Bond Issues with the provision that (1 ) the Bond Issues 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 Issues 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 Lbw or incidental to the full performance of this resolution. On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, and unanimously adopted, it was #626-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 15, 1988, 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 Lacaria Construction, Inc. , 13357 Dieno, Warren, Michigan 48093, for the 1988 Sidewalk Program for the estimated total cost of $372,671 .50, based upon the Engineering Department' s estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, further, the Council does hereby appropriate a sum not to exceed $312,671 . 50 from the 7.9 and/or 9.8 Million Dollar General Obligation Road Improvement Bond Issues with the provision that these Bond Issues be reimbursed at such time as funds are subsequently received from the payment of bills and assessments by affected property owners; and the City Engineer is hereby authorized to approve minor adjustments in the work as completed, the Mayor and City Clerk are hereby authorized to execute a contract for and On behalf of the City of Livnnia with the Land aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution 24297 L^. On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, it was #627-80 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 6, 1988, which bears the signature of the Finance Director, is approved by the Superintendent of Parks and Recreation and is approved fmr submission by the Mayor, which recommends the employment of John Psihas, P.E. , for the purpose of providing electrical engineering services for the Fox Creek Golf Course parking lot and for the Idyl Wyld Golf Course parking lots and Club House, the Council does hereby reject and deny its approval with respect to this proposal ; further, the Council does hereby request that the Engineering Department and Finance Director do all things necessary for the purpose of taking competitive bids with respect to this item, in accordance with provisions of Law and City Ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCotter, Jurcisin, Toy. NAYS: Taylor, Feenstra. -~� The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, and unanimously adopted, it was #628-80 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 25, 1988, and the report and recommendation of the Chief of Police, dated June 7, 1988, in connection therewith, the Council does hereby approve the request from Atared Jaafar, stockholder in Sayed, Inc. , to transfer all stock interest in 1988 SOD-3DM Licensed Business whereby Abdul Baydoun and Fouad Dabaja are being dropped as stockholders through transfer of each of their 1 ,500 shares to New Stockholder, for a business located at 13971 Middlebelt, 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 On a motion by Councilman Taylor, seconded by Councilwoman McCotter, tft- and unanimously adopted, it was 24298 #629-88 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 5, 1988, and the report and recommendation of the Chief of Police, dated June 10, 1988, in connection therewith, the Council does hereby approve of the request from George Smith, stockholder in GSR Associates, Inc. , to transfer ownership of a 1988 Class C Licensed Business with Dance Permit, from LCR, Inc. , for a business located at 29300 Broadmoor, Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilwoman McCotter, seconded by Councilman Jurcisin, it was #63040 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 7, 1988, the Council does hereby determine that it has no objection to and does recommend approval 0f the request from Perry Drugstores, Inc. for a new SDM license to be located at 27494 Grand River, 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. LA roll call vote was taken on the foregoing resolution with the following result: AYES: McCotter, Taylor, Jurcisin, Toy. NAYS: Feenstra. The President declared the resolution adopted. On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, and unanimously adopted, it was #631-88 RESOLVED, that having considered a communication from the City Assessor, dated May 31 , 1988, approved for submission by the Mayor, with regard to a request from Industrial Chemical Products, 12801 Newburgh, Livonia, Michigan 48150, for a proposed division of Tax Item No 46 117 99 0001 001 into three parcels, the Council does hereby refer this item to the next Study Session to be conducted on July 11 , 1988 On a motion by Councilwoman McCotter, seconded by Councilman Taylor, it was 24299 1632-88 RESOLVED, that having considered a communication from the City Assessor, dated June 2, 1988, approved for submission by the Mayor, with regard to a request from Carl Thomas, 14682 Pine, Box 68, Brethren, Michigan 49619, for a proposed division of Tax Item No. 46 124 99 0023 001 into four parcels, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result. AYES McCotter, Taylor, Jurcisin, Feenstra NAYS. Toy. The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, it was #633-88 RESOLVED, that having considered a communication from the City Assessor, dated June 9, 1988, approved for submission by the Mayor, with regard to a request from Michael Siggia, 38121 Plymouth, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Livonia Zoning Ordinance, the Council does hereby determine to deny the request for dividing Tax Item No. 46 133 02 0469 000 (includes Lot 470) into two parcels since the same would be violation of the City' s Zoning Ordinance and Law A roll call vote was taken on the foregoing resolution with the following result AYES. McCotter, Jurcisin, Toy, Taylor. NAYS Feenstra The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was 1634-88 RESOLVED, that having considered the report and recommendation of the Department of Law, dated June 13, 1988, submitted pursuant to Council Resolution 3-87, in connection with a letter from Al O'Chel , 5706 Lafayette, Dearborn Heights, Michigan, dated December 22, 1986, which indicates an interest in purchasing certain City-owned property located at 28580 Joy Road, Livonia, Michigan (Tax Item 143-99-0010-000, Lot G1A), 24300 the Council does hereby request that the Finance Director do all things necessary to take competitive bids for the sale of this property, in accordance with the policy established in Council Resolution 300-88, including therein a minimum bid requirement of $40,000'00. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, it was #635-80 RESOLVED, that having considered a communication from the Department of Law, dated June 20, 1988, attaching resolution 1960-88 of the Parks and Recreation Commission and resolution 10-278-86 of the City Planning Commission, the Council does hereby authorize the sale of The East 134' of that part of the SE 1/4 of Section 31 , T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the E line of Section 31 distant S. 2° 12' E. 379.26 feet from the E 1/4 corner of Section 31 , proceeding thence S. 2° 12' E. along said line 163,41 feet, thence W. 1336.6 feet, thence N. 0° 10' 29x W. 163.3 feet; thence E. 1330.87 feet to the point of beginning, except the E. 1 .0 acre thereof. (Parcel 31JJ1 ) -- to Roseann Bussey, the owner of the adjacent property, subject to the following conditions: (1 ) that the purchase price be $1532.66; (2) that the cost of any title insurance of abstracting be borne by the purchaser; (3) that the conveyance be by Quit Claim Deed. A roll call vote was taken on the foregoing resolution with the following result AYES^ McCotter, Taylor, Jurcisin, Toy NAYS: Feenstra. The President declared the resolution adopted. On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, it was 1636-88 RESOLVED, that having considered a communication from the Mayor, dated June 21 , 1988, the Council does hereby approve of and concur in the appointment of Raymond W Tent, 18051 Deering, Livonia, Michigan 48152, to the City Planning Commission 24301 for a new three year term which will expire on June 9, 1991 , provided that Mr Tent takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk A roll call vote was taken on the foregoing resolution with the following result AYES- McCotter, Taylor, Jurcisin, Toy NAYS: Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman Toy, it was #637-88 RESOLVED, that having considered a communication from the City Planning Commission, dated June 2, 1988, which transmits its resolution 5-94-88 adopted on May 17, 1988, with regard to a sign permit application submitted by Seymour J. Levine for Laurel Office Park I, II and III for three directional and six address signs on property located at 17117, 87 and 97 North Laurel Park, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to compliance with the same condition as that set forth in the action of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES McCotter, Taylor, Toy. NAYS Jurcisin, Feenstra. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was 1638-88 RESOLVED, that having considered a communication from the City Planning Commission, dated June 2, 1988, which transmits its resolution 5-92-88 adopted on May 17, 1988, with regard to a sign permit application submitted by Twin Valley Corporation for a monument sign on property located at 20200-46 Farmington Road, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to compliance with the same conditions as those set forth in the aforesaid action of the Planning Commission 24302 On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, L. it was #639-88 RESOLVED, that having considered a letter from Michael Sabatini , 31630 Plymouth Road, Livonia, Michigan 48150, received in the Office of the City Clerk on June 8, 1988, which requests approval to erect two signs in compliance with the conditions set forth in Council Resolution 223-88 which granted waiver use approval to expand an existing restaurant located within a building on the north side of Plymouth Road, west of Merriman in the Southeast 1/4 of Section 27 (Petition 87-8-2-42) , the Council does hereby approve of the proposed signs in the manner and form herein submitted. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCotter, Jurcisin, Toy. NAYS: Taylor, Feenstra. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, it was 1640-88 RESOLVED, that having considered the report and recommendation of the Planning Commission, dated June 21 , 1988, submitted pursuant to Council Resolution 416-88, with regard to the question of what would constitute an appropriate zoning classification for certain City-owned property located on the west side of Newburgh, south of Amrhein, the Council does, in accordance with Section 23.01 (a) of Zoning Ordinance No. 543, request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation on whether the subject property should be rezoned from RUF to R-2. A roll call vote was taken on the foregoing resolution with the following result. AYES. McCotter, Taylor, Jurcisin, Feenstra. NAYS. Toy The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, and unanimously adopted, it was 24303 #641-88 RESOLVED, that having considered a communication from the City Planning Commission, dated May 31 , 1988, which transmits its resolution 5-87-88 adopted on May 17, 1988, with regard to Petition 88-4-2-15, submitted by Leonard L. Grossman requesting waiver use approval to use an existing building for general office purposes on property located on the east side of Newburgh Road north of Six Mile Road and Bennett Avenue, which property is zoned P.S , the Council does hereby concur in the recommendation made by the Planning Commission and Petition 88-4-2-15 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 Jurcisin, seconded by Councilwoman McCotter, it was #642-88 RESOLVED, that having considered a communication from the City Planning Commission, dated June 17, 1988, which transmits its resolution 6-100-88 adopted on June 7, 1988, with regard to Petition 88-4-2-18, submitted by K & S Development requesting waiver use approval to construct an auto service center on property located on the south side of Eight Mile Road between Hugh and Fremont in the Northeast 1/4 of Section 2, which property is zoned M-1 , the Council does hereby concur in the recommendation made by the Planning Commission and Petition 88-4-2-18 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 all signs proposed to be installed in connection with this property shall require the approval of the City Council prior to installation. A roll call vote was taken on the foregoing resolution with the following result AYES McCotter, Taylor, Jurcisin, Feenstra. NAYS- Toy. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #643-88 RESOLVED, that having considered a communication from the City Planning Commission, dated June 7, 1988, which transmits its resolution 6-101-88 adopted on June 7, 1988, with regard 24304 ibm to Petition 88-5-2-21 , submitted by U S Homes requesting waiver use approval to construct a single family cluster housing project on property located on the west side of Merriman Road, south of Eight Mile Road, in the Northeast 1/4 of Section 3, which property is zoned R-2, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 88-5-2-21 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #644-88 RESOLVED, that having considered a communication from the City Planning Commission, dated June 17, 1988, which transmits its resolution 6-109-88 adopted on June 14, 1988, with regard to Petition 88-5-2-23, submitted by Thomas Guastello requesting waiver use approval to utilize property for general office purposes on property located on the east side of Middlebelt Road, north of Schoolcraft Road, in the Southwest 1/4 of Section 24, which property is zoned P.S , the Council does hereby concur in the recommendation made by the Planning Commission and Petition 88-5-2-23 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 and based upon the stipulation that no 24 hour operation of any business on the property will be allowed after September 15, 1988. On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, and unanimously adopted, it was #645-88 RESOLVED, that in connection with Petition 88-5-2-23, submitted by Thomas Guastello requesting waiver use approval to utilize property for general office purposes on property located on the east side of Middlebelt Road, north of Schoolcraft Road, in the Southwest 1/4 of Section 24, the Council does hereby accept the report and recommendation of the Mayor, dated July 5, 1988 with respect to the following items. (1 ) the 24-hour-a-day operation of AAA, (2) the difference in height of the protective wall due to grade differential , LI (3) the reason why a temporary certificate of occupancy was issued, 24305 (4) general traffic concerns, (5) parking of vehicles on the north side of the building, and (6) the matter of shields and direction of outside post lighting. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #646-88 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11 , 1988, which sets forth its resolution 4-65-88 adopted on April 26, 1988, with regard to Petition 88-3-1-4, submitted by Rev. H. L. Petty, Pastor for Bethel Baptist Temple, for a change of zoning on property located on the south side of Six Mile Road between Middlebelt Road and Oporto Street in the Northeast 1/4 of Section 14, from C-2 and P.S. to RUFA, and the Council having conducted a public hearing with regard to this matter on June 29, 1988, pursuant to Council Resolution 501-88, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 88-3-1-4 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, and unanimously adopted, it was 1647-88 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11 , 1988, which sets forth its resolution 4-66-88 adopted on April 26, 1988, with regard to Petition 88-3-1-5, submitted by Alan Gottlieb for U.S. Homes for a change of zoning on property located south of Eight Mile between Merriman and Osmus Avenue in the Northeast 1/4 of Section 3, from RUFA to R-2, and the Council having conducted a public hearing with regard to this matter on June 29, 1988, pursuant to Council Resolution 501-88, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 88-3-1-5 is hereby approved and granted, and the City Planner is hereby instructed to cause ims the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the 24306 iwoDepartment of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, and unanimously adopted, it was #648-88 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11 , 1988, which sets forth its resolution 4-67-88 adopted on April 26, 1988, with regard to Petition 88-3-1-6, submitted by Daniel Ryan for Barbara L. Evans and Janet M. Clugston, for a change of zoning on property located on the southeast corner of Brookfield and Lyndon in the Southwest 1/4 of Section 22, from RUF to R-1 , and the Council having conducted a public hearing with regard to this matter on June 29, 1988, pursuant to Council Resolution 501-88, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #649-88 RESOLVED, that having considered a communication from the Director of Community Resources, dated June 21 , 1988, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept a cash donation from The Brookwood Estates Civic Association, to be credited to Account 702-000-285- 215 for use in Youth Assistance Programs. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #650-88 RESOLVED, that having considered a communication dated June 24, 1988, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as. Grant of Easement dated May 12, 1988, executed by Metro Specialties Investment Group, a Michigan Partnership, by Robert A. Puzio, partner, for The East 20 feet of the West 313 feet of the following parcel of land. LPart of the N.W 1/4 of Section 26, T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant due S. 1201 80 feet and due 24307 East 1032 32 feet from the N.W. corner of Section 26, � thence due East 850 72 feet, thence South 0"29' 56" W 41 .39 feet; thence North 89"23. 58, W. 425.36 feet, thence South 0°29' 56" W. 100 00 feet, thence North 89°23' 58" W. 425.36 feet, thence North 0"29' 56" W. 132.7 feet, to the point of beginning. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #651-80 RESOLVED, that having considered a communication dated June 28, 1988, from the Department of Law transmitting for Council acceptance a Quit Claim Deed more particularly described as: Quit Claim Deed dated June 27, 1988, executed by Carl R. Thomas and Nora A. Thomas, his wife, for: The westerly 10 feet of a parcel of land beginning at L a pofOt on the South lina of SSctfVD 3lv Town l SoVth* Range 9 East, City of Livonia, said point being the SE corner of Golden Ridge Subdivision (Liber 57, Page 18, W.C.R. ), thence N. along the East line of Golden Ridge Subdivision a distance of 217.8 feet, thence East parallel with the South line of Section 31 , a distance of 400 feet, thence South parallel with the East line of Golden Ridge Subdivision a distance of 217 8 feet, thence West along the South line of Section 31 , a distance of 400 feet to the point of beginning, subject to any easements, restrictions or uses for road or highway purposes. 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 other things necessary or incidental to fulfill the purpose of this resolution A communication from the Mayor, dated June 22, 1988, re CR 285-88, Three-Year Budget Project for Library was received and placed on file for the ime information of the Council 24308 A communication from the Secretary of the Livonia Police Lieutenant' s A.. and Sergeant' s Association, dated June 21 , 1988, re intent to terminate, modify, alter and renegotiate their present agreement with the City and begin negotiations on the new contract was received and placed on file for the information of the Council . A communication from the Chairman of the Livonia Emergency Planning Committee, dated May 20, 1988, re identification of catastrophic fire or explosion sites in the City was received and placed on file for the information of the Council . On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #652-88 RESOLVED, that having considered a communication from the Department of Law, dated June 28, 1988, submitted pursuant ibm to Council Resolution 389-88, transmitting for Council acceptance a warranty deed dated June 6, 1988, executed by Arthur E. Williams, Sr. and Adeline E. Williams, his wife, and Arthur E. Williams, Jr. and Connie V. Williams, his wife, and a warranty deed dated June 22, 1988, from The Lord's House, a Michigan Ecclesiastical Corporation, by Michael P. Panich, its Pastor, conveying to the City certain property described as follows: The East 60 feet of the following described parcel : That part of the East 1/2 of the Southeast 1/4 of Section 31 , Town 1 South, Range 9 East, described as. Beginning at the East 1/4 post of said Section 31 , running thence North 89 degrees 41 minutes West along the East and West 1/4 line of said Section 31 , 1317.5 feet to the Northeast corner of Golden Ridge Subdivision No. 1 , of the West 1/2 of the Southeast 1/4 of Section 31 , thence South 0 degrees 10 minutes 29 seconds East along the East line of said Golden Ridge Subdivision No 1 , 222 25 feet to a point; thence East 1325. 11 feet to a point in the East line of Section 31 , thence North 1 degree 12 minutes West along said East line of Section 31 , 215.15 feet to the point of beginning. (Newburgh Road right-of-way) Tax Item No. 124-99-0001-000 the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid warranty deeds and the City Clerk is hereby requested to have the same recorded 24309 with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this 4610, resolution, further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt On a motion by Councilman Taylor, seconded by Councilwoman McCotter, it was #653-88 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 17, 1988, and the report and recommendation of the Chief of Police, dated June 30, 1988 in connection therewith, the Council does hereby approve of the request from M and R Development, Inc. for transfer of ownership of 1988 SDD-SDM Licensed Business With Off Premise Storage, Permission to Main Concession, from Showerman' s Party Store, Inc. for a business located at 31450 W. Five Mile Road, Livonia, Michigan 48154, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: Leo AYES. McCotter, Taylor, Jurcisin, Toy. NAYS: Feenstra. The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #654-88 RESOLVED, that having considered a letter dated June 30, 1988, from Shirley Gallinat, 15507 Mayfield, Livonia, Michigan, requesting permission to close Roycroft at Mayfield and Loveland on Saturday, July 9, 1988, from 3 00 P.M. to 9 00 P.M. for the purpose of conducting a birthday party, the Council does hereby grant permission as requested, the action herein being made subject to approval of the Police Department. On a motion by Councilwoman McCotter, seconded by Councilman Taylor, and unanimously adopted, it was #655-88 RESOLVED, that the Council does, for and on behalf iftoof the City of Livonia, accept a cash donation in the amount of $25 00 from Winom James and Charlotte S Mahoney, andy any 24310 subsequent donations as a result of the Flagpole Fundraiser sponsored by Councilwoman Joan McCotter on May 30, 1988, the purpose of which is to cover the costs involved in the purchase and installation of a flagpole at the Civic Center Library, further, the Council does hereby designate this $25.00 donation and any subsequent donations as revenue to be added to Account No 471-000-698-000 for this purpose, further, any surplus funds are hereby authorized to be used for lighting and other enhancements. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #656-88 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #657-88 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated July 1 , 1988, with regard to a request from Charley's Restaurants, Inc. for a new SDM license to be located at 31501 Schoolcraft, Livonia, Michigan 48150, Wayne County, the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuch as this application would be in violation of and in noncomplinace with the requirements prescribed by the Livonia Zoning Ordinance 543, as amended, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #658-88 RESOLVED, that having considered a letter dated June 30, 1988, from Karen Larson, Fairfax Block Club, 34576 Fairfax, Livonia, Michigan, requesting permission to close the cul-de-sac on Fairfax Street in the 34500 block west of Gill Road for a block party on Saturday, July 16, 1988, from 4:00 P.M. to 9 00 P M. , the Council does hereby grant permission as requested, the action herein being made subject to approval of the Police Department 24311 On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #659-88 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 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"), and the Internal Revenue Code of 1986, as amended, will prepare and submit a project plan (the "Project Plan"), involving a manufacturing project to be undertaken on behalf of Embest, Inc. and Country Fresh, Inc. , Michigan corporations (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 1 . Pursuant to the aforesaid Act 338 the City Council shall meet on August 15, 1988 at 8.00 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 upon receipt of the signed Project Plan from the Corporation 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 err 24312 Low 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 EMBEST, INC PROJECT PLEASE TAKE NOTICE that pursuant to Act 338 of the Public Acts of Michigan 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 acquisition and renovation of a 139,000 square foot dairy processing facility to be owned by Embest, Inc. , a Michigan corporation, a wholly owned subsidiary of Country Fresh, Inc. , to be used by Embest, Inc. , and to be located at 31770 Enterprise Drive, Livonia, Michigan 48150. 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 $7,500,000 to assist in the financing of said project. The City Council will meet at 8 00 p.m. , Monday, the 15th day of August, 1988, 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 24313 isirm 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. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, this 1 ,132nd Regular Meeting of the Council of the City of Livonia was adjourned at 8:44 P.M. , July 6, 1988. ifi-Sed /574.d/A Robert F Nash, City Clerk