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HomeMy WebLinkAboutCOUNCIL MINUTES 1988-06-22 24239 160 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND THIRTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 22, 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 Toy delivered the invocation. Roll was called with the following result Present Fernon P. Feenstra, Laura Toy, Robert R. Bishop, Joan McCotter, Gerald Taylor, Ron Ochala and Dale Jurcisin Absent. None Elected and appointed officials present Robert D Bennett, Mayor, Robert iirsF. Nash, City Clerk; Harry Tatigian, City Attorney, Elaine Tuttle, City Treasurer, ' John Nagy, Planning Director, Raul Galindo, City Engineer, Karen Szymula, Director of Legislative Affairs, Ron Reinke, Superintendent of Parks and Recreation, Ray Pomerville, Labor Relations Director, Edith Davis, Personnel Director, Jeanne Treff, Cable TV Director and William La Pine, Planning Commission Councilwoman McCotter requested that the minutes of the 1 ,130th Regular Meeting held June 1 , 1988 be corrected to indicate that her absence was due to City business On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted*, it was 1534-88 RESOLVED, that the minutes (as corrected) of the 1 ,130th Regular Meeting of the Council of the City of Livonia, held June 1 , 1988 are hereby approved *Councilwoman McCotter abstained from voting which is recorded as a "yes" vote under lmo the provisions of Section 2 04 190 B of the Livonia Code of Ordinances. A communication from the City Clerk, dated June 15, 1988, re Clarenceville 24240 Lim School District Summer Taxes was received and placed on file for the information of the Council . A communication from the City Clerk, dated June 15, 1988, re Livonia Public Schools Tax Rate for 1988-89 was received and placed on file for the information of the Council A communication from the City Treasurer, dated June 17, 1988, re Oakland Schools Collection of Taxes was received and placed on file for the information of the Council A communication from the City Clerk, dated June 15, 1988, re Schoolcraft College Tax Rate for 1988 was received and placed on file for the information of the Council . imi At the direction of the Chair, Item 14 was removed from the Consent Agenda and placed with Item 35 under Unfinished Business, both items concerning an Economic Development Project requested by Embest, Inc Also at the direction of the Chair, Item 16 regarding the 11th Annual Heart Fund Golf Day Benefit was removed from the Consent Agenda. On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, it was #535-88 RESOLVED, that having considered a communication from the City Assessor, dated May 9, 1988, approved for submission by the Mayor, with regard to a request from Mr Robert Armistead, 28827 Kirkside, Farmington Hills, Michigan 48018, and having also considered a letter from Mr Robert Armistead, dated May 24, 1988, 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 and combining Tax Item Nos 46 129 01 0092 001 (92A) , 46 129 01 0093 001 (93A1 94B1 ) and 46 129 01 0093 002 (93B 94A) into three parcels since the same would be in violation of the City' s Zoning Ordinance and Law 24241 Iwo #536-88 RESOLVED, that having considered a letter from Mr. and Mrs Jack Dean, 16396 Aldrich Court, Livonia, Michigan 48154, dated May 23, 1988, requesting permission to close Aldrich Court on Saturday, July 30, 1988, from 4.00 P M. to 10 00 P M. , for the purpose of conducting an annual neighborhood block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #537-88 RESOLVED, that having considered a letter from Sandra Kiser, 20015 Pollyanna, Livonia, Michigan 48152, dated May 26, 1988, requesting permission to close Southampton between Navin and Whitby on Saturday, August 20, 1988, from 10.00 A.M to 10:00 P.M. , for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #538-88 RESOLVED, that having considered a letter from Joanne Strgempek, 14272 Ramblewood, Livonia, Michigan and Mary Hendrian, 14273 Ramblewood, Livonia, Michigan, dated June 2, 1988, requesting permission to close Ramblewood from Perth to Scone on Saturday, August 20, 1988, from 4 00 P.M. to 9 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 the approval of the Police Department #539-88 RESOLVED, that having considered a letter from the Livonia Wood Carvers, dated May 27, 1988, wherein a request is submitted for a waiver of all fees in connection with transient merchants license requirements for the exhibitors at the Fourteenth Annual Livonia Wood Carving Show, to be held on August 6 and 7, 1988 at the Eddie Edgar Sports Arena and which also requests permission to display temporary advertising signs at Five Mile and Farmington, Farmington and Lyndon and Farmington and Schoolcraft for the period from July 28, 1988 to August 7, 1988, the Council does hereby approve and grant this request in the manner and form herein submitted #540-88 RESOLVED, that having considered a letter from the Golfview Meadows/Burton Valley Civic Association, dated May 18, 1988, requesting permission to close Ronnie Lane between Oakdale and Bristol , including the dead end at Southampton and Ronnie, on Saturday, July 9, 1988, from 6 00 P M to 9 30 P.M , for the purpose of conducting a street dance, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #541-88 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated May 11 , 1988, which bears 24242 lbw the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the extension of the current contract between the City of Livonia and Allie Brothers of Livonia, 20295 Middlebelt Road, Livonia, Michigan 48152, for an additional six-month period for supplying the Division of Fire with uniform shirts and pants at the unit bid prices accepted in Council Resolution 548-87, further, the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3.04.140D5 of the Livonia Code of Ordinances, as amended. A communication from the Director of Finance, dated May 23, 1988, re CR 422-88 - City Federal Financial Assistance Program Report for the Year Ended November 30, 1988 was received and placed on file for the information of the Council . #542-88 RESOLVED, that having considered a communication from the Chairperson for the Commission on Aging and the Director of Community Resources, dated May 26, 1988, approved by the Finance Director and approved for submission by the Mayor, wherein permission is requested to charge $1 00 for each senior lunch ticket in connection with the senior citizen picnic lunch to be conducted on Wednesday, August 3, 1988 from 10 00 A M. to 3 00 P M at Greenmead (Commission on Aging to also pay $1 00 and the Department of Community Resources to absorb the balance of the cost) , the Council does hereby approve and grant this request in the manner and form herein submitted #543-88 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated May 26, 1988, approved by the Finance Director and approved for submission by the Mayor, with regard to the renewal of the contract between the City of Livonia and Suzanne Daniel , a member of the Livonia Historical Commission, as designated by the Commission, authorizing the purchase by this member of artifacts and furnishings, the Council does hereby authorize the said extension in the manner and form herein recommended for a one year period, the said one year extension to be based upon the same terms and conditions as those which are set forth in a contract dated June 18, 1986, which contract was previously authorized in Council Resolution 536-86, adopted on June 4, 1986, and thereafter authorized to be renewed in Council Resolution 488-87, adopted on June 3, 1987, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said Contract Extension, which Contract shall be prepared by the lbw Department of Law in accordance with the action taken herein 1544-88 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated May 31 , 1988, approved by the Finance Director and approved for submission by the Mayor, 24243 with regard to a request from the Mustang Owners Club to conduct a car show at Greenmead on Sunday, August 14, 1988, the Council does hereby approve the following a) A $2.00 admission to the show - to be collected at the entrance of the field where the show is held, b) A $5 00 booth fee for the car vendors, c) A $50 00 booth fee for the food vendor, and d) A waiver of the transient merchant licenses, the foregoing is made subject to the Mustang Owners Club providing an insurance policy in the amount of $1 ,000,000 for this event which names the City of Livonia as additional insured, in a form to be approved by the Department of Law 1545-88 RESOLVED, that having considered a letter from Kirco Realty & Development, Ltd , 200 East Long Lake, Suite 115, Bloomfield Hills, Michigan 48013, dated May 20, 1988, and before determining to install street lights on ornamental poles with underground wiring on Tech Center Drive, North of Plymouth Road, West of Middlebelt Road in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of 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, pursuant to the provisions of Section 3 08 140 of the Livonia Code of Ordinances, as amended #546-88 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 Mr Harry Pierce, 9655 Farmington, 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 approve of the proposed division and combination of Tax Item Nos 129 01 0119 000, 129 01 0120 000, 129 01 0121 000 and 129 01 0122 000 into four parcels, the legal descriptions of which shall read as follows PARCEL "A" The West 76 2 feet of Lots 119, 120, 121 and 122 of Supervisor' s Livonia Plat No 2 of the S 5/8 of the N E 1/4 and the E 1/2 24245 L #549-88 RESOLVED, that having considered a communication from the City Planning Commission, dated June 2, 1988, which transmits its resolution 5-93-88, adopted on May 17, 1988, with regard to a Sign Permit Application, submitted by Cambridge Center Limited Partnership for two office monument signs and one subdivision entrance marker sign for property located at 38777 and 39209 Six Mile Road, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application with respect to all three signs, subject to compliance with the same condition set forth in the aforesaid action of the Planning Commission, as well as approval of the subdivision entrance marker sign by the adjoining subdivision civic association. #550-88 RESOLVED, that having considered a communication from the Personnel Director, dated June 2, 1988, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on May 26, 1988, wherein the Commission did approve the following pay raises for seasonal laborers, high school and college co-ops as follows: Lip High School Co-ops $4.00 (19.4%) 1st year College Co-ops $4.25 (23.2%) Date of Hire $4.50 (20%) 6 months Seasonal Laborers $4.50 (12. 5%) 1st season $5.00 (11 .1%) 2nd season the Council does hereby concur in and approve of such action, the same to take effect commencing on June 1 , 1988 #551-88 RESOLVED, that having considered a letter from Mr and Mrs. R. W Burns, 8914 Hartel , Livonia, Michigan 48150, dated May 17, 1988, wherein they have indicated an interest in purchasing certain City-owned property located adjacent to their own property (N 75' of Lot 4, Newman Joy Road Subdivision) , the Council does hereby refer this item to the Department of Law for its report and recommendation #552-88 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 10, 1988, at 8:00 P M at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items 24244 tbm of the N. 3/8 of the N E 1/4 of Sec 33, T. 1 S , R 9 E. , L. 66, P. 1 , W.0 R. PARCEL "B" The East 76 25 feet of the West 152 5 feet of Lots 119, 120, 121 , and 122 of Supervisor' s Livonia Plat No 2 of the S. 5/8 of the N E 1/4 and the E. 1/2 of the N. 3/8 of the N E 1/4 of Sec. 33, T. 1 S. , R 9 E. , L 66, P 1 , W.0 R. PARCEL "C" The East 76 25 feet of the West 228.75 feet of Lots 119, 120, 121 , and 122 of Supervisor' s Livonia Plat No 2 of the S. 5/8 of the N E 1/4 and the E 1/2 of the N. 3/8 of the N E. 1/4 of Sec. 33, T 1 S. , R 9 E. , L 66, P 1 , 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 A communication from the Department of Assessment, dated June 1 , 1988 re levy of taxes upon property in the City was received and placed on file for the information of the Council . #547-88 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated May 27, 1988, with respect to a request from Gilbert/Robinson, Inc for a new full year Class C license to be located at 37716 Six Mile Road, Laurel Park Place, Livonia, Michigan, 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 noncompliance 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 #548-88 RESOLVED, that having considered a communication from the City Planning Commission, dated June 1 , 1988, which transmits its resolution 5-91-88, adopted on May 17, 1988, with regard to Petition 87-8-2-39, submitted by Louis G Redstone Associates, requesting waiver use approval to renovate and construct an addition to the existing building located on the north side of Plymouth Road between Hubbard and Merriman Roads in the Southeast 16-0 1/4 of Section 27, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 87-8-2-39 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 24246 4 (1 ) Petition 88-4-1-9, submitted by the City Planning Commission for a change of zoning on property located on the North side of Five Mile Road, West of Merriman Road in the Southeast 1/4 of Section 15, from C-2 to RUFA, the City Planning Commission in its resolution 5-83-88 having recommended to the City Council that Petition 88-4-1-9 be approved, (2) Petition 88-4-1-10, submitted by the City Planning Commission for a change of zoning on property located on the North side of Joy Road, West of Hix Road in the Southwest 1/4 of Section 31 , from C-2 to R-1 , the City Planning Commission in its resolution 5-84-88 having recommended to the City Council that Petition 88-4-1-10 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. 053-88 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 8, 1988, at 7:00 P M at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items Petition 88-4-1-11 , submitted by Saints Credit Union for a change of zoning on property located on the North side of Joy Road between Louise and Melvin in the Southeast 1/4 of Section 35, from R-1 to P, the City Planning Commission in its resolution 5-85-88 having recommended to the City Council that Petition 88-4-1-11 be denied, 24247 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. #554-88 WHEREAS, pursuant to the direction of the City Council in its resolution 144-88, adopted on February 10, 1988, 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 May 25, 1988 an assessment roll dated May 25, 1988, for the proposed street improvement of Auburndale between Five Mile and Myrna in the Southwest 1/4 of Section 15, consisting of a 28' wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III ) or approximately 4" of asphalt on the existing roadway (Alternate IV) 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 144-88, 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, August 10, 1988, at 8 00 P M. to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of August 10, 1988, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment 24248 district as their respective names and addresses appear on the most current assessment roll in the City Assessor' s office. #555-88 WHEREAS, pursuant to the direction of the City Council in its resolution 145-88, adopted on February 10, 1988, 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 May 24, 1988 an assessment roll dated May 24, 1988, for the proposed street improvement of Jarvis, South of Plymouth Road, in the Southeast 1/4 of Section 30, consisting of approximately 4" of asphalt on the existing roadway (Alternate IV1) 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 145-88, 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, August 10, 1988, at 8 00 P M to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of March 30, 1988, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor' s office #556-88 WHEREAS, pursuant to the direction of the City Council in its resolution 119-87, adopted on -Ftbruary 11 , 1987, 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 May 25, 1988 an assessment roll dated May 25, 1988, for the proposed street improvement of Parkdale, Van Court and Raleigh, in the Northwest 1/4 of Section 32, consisting of placing approximately 4" of asphalt on the existing roadway (Alternate IV) on Parkdale and Van Court and a street improvement consisting of a 28-foot wide 24249 160 full-depth asphalt pavement with mountable asphalt curbs (Alternate III ) on Raleigh 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 119-87 , 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, August 10, 1988, at 8 00 P M to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least ILi once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of August 10, 1988, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor' s office 1557-88 RESOLVED, that having considered a communication dated May 26, 1988, from Donald Laidlaw, Bottles & Stuff, Ltd II , which in accordance with the provisions of Section 19.08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on May 17, 1988 by the City Planning Commission in its resolution 5-88-88 with regard to Petition 88-4-2-16 submitted by Donald Laidlaw, Bottles & Stuff, Ltd II , requesting permission to utilize an SDD License within an existing party store located on the West side of Newburgh Road between Five Mile Road and Lancaster Avenue in the Southeast 1/4 of Section 18, the Council does hereby designate Wednesday, July 20, 1988 at 7 00 P.M as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City' s official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia 24250 #558-88 RESOLVED, that having considered a communication dated May 25, 1988, from the Senior Vice President of Real Estate One, Inc. , which in accordance with the provisions of Section 19.08 of Ordinance 543, as amended, takes an appeal from a determination made on June 2, 1988 by the City Planning Commission in its resolution 5-91-88, adopted on May 17, 1988, with regard to Petition 87-2-8-7, submitted by the Foresta Group, Inc. requesting approval of all plans required by Section 18.47 of Ordinance 543 in connection with a proposal to renovate an existing office building on the North side of Five Mile Road between Edington and Stamford in Section 16, the Council does hereby designate Wednesday, July 20, 1988 at 7 00 P.M as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City' s official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. #559-88 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, Livonia, Michigan, with respect to the following items. (1 ) Petition 88-5-1-14, submitted by Ernest A Bourassa for a change of zoning on property located on the East side of Newburgh Road, North of Seven Mile Road in the Southwest 1/4 of Section 5, from RUFC to R-4C, the City Planning Commission in its resolution 6-98-88 having recommended to the City Council that Petition 88-5-1-14 be approved, (2) Petition 88-5-1-15, submitted by Ernest A Bourassa for a change of zoning on property located on the East side of Gill Road, North of Seven Mile Road in the Southeast 1/4 of Section 4, from RUFA to R-3, the City Planning Commission in its resolution 6-99-88 having recommended to the City Council that Petition 88-5-1-15 be approved as amended to R-3C , 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) 24251 6 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. A roll call vote was taken on the foregoing resolutions with the following result' AYES Toy, Bishop, McCotter, Taylor, Ochala, Jurcisin, Feenstra. NAYS None On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was RESOLVED, that the Council does hereby request that the use of private telephone numbers at the City Hall , the use of a City Hall mailing address and the use of City office personnel (not including voluntary use of vacation days) in connection with the Livonia Heart Fund activities be terminated and discontinued. On a motion by Councilman Taylor, seconded by Councilwoman Toy, it was RESOLVED, that the following proposed resolution be substituted in lieu of the foregoing RESOLVED, that having considered a letter from the Livonia Heart Fund, dated June 1 , 1988, wherein the following action is requested 1 ) That the City Council determine that the Livonia Heart Fund is a worthy non-profit charity in the community, 2) That the Council grant approval to the Livonia Heart Fund to use the Whispering Willows Municipal Golf Course on Wednesday, August 31 , 1988 for the Annual Golf Outing and to use the Fox Creek Golf Course for golf play only im. in the morning and that all fees in connection therewith be waived, 1 24252 the Council does hereby concur in and approve of the aforesaid action in the manner and form herein requested A roll call vote was taken on the motion to substitute as follows AYES: Toy, Bishop, McCotter, Taylor, Ochala, Jurcisin. NAYS: Feenstra The President declared the resolution to substitute adopted A roll call vote then was taken on the substitute resolution with this result. AYES. Toy, Ochala, NAYS: Bishop, McCotter, Taylor, Jurcisin, Feenstra. The President declared the substitute resolution denied On a motion by Councilwoman McCotter, seconded by Councilman Taylor, it was #560'88 RESOLVED, that having considered a letter from the Livonia Heart Fund, dated June 1 , 1988, wherein the following action is herein requested 1 ) That the City of Livonia co-sponsor the 1988 Golf Day Benefit, 2) That the City Council determine that the Livonia Heart Fund is a worthy non-profit charity in the community, 3) That the Council grant approval to the Livonia Heart Fund to use the Whispering Willows Municipal Golf Course On Wednesday, August 31 , 1988 for the Annual Golf Outing and to use the Fox Creek Golf Course for golf play only in the morning and that all fees in connection therewith be waived, the Council does hereby concur in and approve of the aforesaid action in the manner and form herein requested A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, McCotter, Taylor, Jurcisin, Feenstra L NAYS Toy, Ochala The President declared the resolution adopted 24253 16 On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #561-88 RESOLVED, that with regard to the proposed termination and use of a City Hall private telephone, the use of a City Hall address and the use of City office personnel (not including the use of voluntary vacation days) in connection with the Livonia Heart Fund, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation. On a motion by Councilman Taylor, seconded by Councilwoman McCotter, it was 1562-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 1 , 1988, and submitted pursuant to Council Resolution 949-87, in connection with a communication from the City Planning Commission, dated July 28, 1987, which sets forth its resolution 7-162-87, adopted on July 21 , 1987, with regard to Petition 87-6-1-25, submitted L by Herrel F. Sutton, for a change of zoning on property located east of Edington Road between Angeline Avenue and Plymouth Road in the Northeast 1/4 of Section 33, from RUF to R-1A, and the Council having conducted a public hearing with regard to this matter on September 9, 1987, pursuant to Council Resolution 710-87, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 87-6-1-25 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, McCotter, Taylor, Ochala, Jurcisin, Feenstra. NAYS Toy. The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman McCotter, Itsw and unanimously adopted, it was 24254 1563-88 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated June 6, 1988, and submitted pursuant to Council Resolution 640-87 in connection with a communication from the City Auditor, Plante & Moran, 27400 Northwestern Highway, P.O. Box 307, Southfield, Michigan 48037-0307 dated May 18, 1987 to which is attached the financial report with additional information for the year ending November 30, 1986, the Council does hereby determine to take no further action. On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #564-88 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated June 6, 1988, with regard to the question of whether or not deposits should be required by the City in the sale of such items as real property and used motor vehicles, the Council does hereby determine to take no further action in view of the policy established in Council Resolution 300-88 governing the sale of City-owned land and Council Resolution 301-88 governing the sale of City-owned vehicles On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #565-88 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated June 6, 1988, and submitted pursuant to Council Resolution 169-88, with regard to the requirement of deposit and/or earnest money to be used in the sale of City-owned property, the Council does hereby determine to take no further action in view of the policy established in Council Resolution 300-88 governing the sale of City-owned land and Council Resolution 301-88 governing the sale of City-owned vehicles. A communication from the Director of Finance, dated April 6, 1988, re Audit Report Fiscal Year Ending November 30, 1987 (CR 352-88) was received and placed on file for the information of the Council On a motion by Councilman Taylor, seconded by Councilwoman Toy, it was 1566-88 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated June 6, 1988, and submitted pursuant to Council Resolution 1171-87, the Council does hereby determine to increase the salary of the Deputy City Treasurer to a sum equal to that currently established for the Deputy City Clerk 24255 (l. The President relinquished the Chair to the Vice President at 8.40 P.M On a motion by Councilman Feenstra , seconded by Councilman Ochala, it was RESOLVED, that the following proposed resolution be substituted in lieu of the foregoing. RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated June 6, 1988, and submitted pursuant to Council Resolution 1171-87, the Council does hereby determine to increase the salary of the Deputy City Treasurer to a sum equal to that currently established for the Deputy City Clerk, provided, however, that the starting salary for the Deputy City Treasurer shall be established on a five-step incremental basis similar to that established with regard to the Director of Legislative Affairs. A roll call vote was taken on the motion to substitute with this result AYES McCotter, Ochala, Feenstra (m. NAYS: Toy, Bishop, Taylor, Jurcisin. The Vice President declared the resolution to substitute denied A roll call vote was taken on the original resolution with the following result AYES: Toy, Bishop, Taylor, Ochala, Jurcisin NAYS: Feenstra, McCotter The Vice President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was 1567-88 RESOLVED, that the Council does hereby refer to the Committee of the Whole, for its report and recommendation, the matter of the salary which was previously established for the Director of Legislative Affairs The President resumed the Chair at 8 45 P M On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was 24256 th. 1568-88 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 8, 1988, with regard to the proposed library plaque to be installed in the new Civic Center Library, the Council does hereby refer this item to the Committee of the Whole for its report and recummendatiVD. On a motion by Councilman Taylor, seconded by Councilman Ochala , it was 1569-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 8, 1988, and submitted pursuant to Council Resolution 85-88 in connection with a communication from the City Planning Commission, dated November 24, 1987, which sets forth its resolution 11-258-87, adopted on November 17, 1987 with regard to Petition 87-10-1-37 submitted by Mayflower Development, Inc , for a change of zoning of property located on the Southwest corner of Stark and Pinetree in the Northwest 1/4 of Section 33 from P.L to R-9, and the Council having conducted a public hearing with regard to this matter on January 11 , 1988, pursuant to Council U& Resolution 1167-87, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 87-10-1-37 is hereby denied for the following reasons 1 . The proposed change of zoning will be detrimental to and not in harmony with the surrounding uses in the area 2. The proposed change of zoning is contrary to the Future Land Use Plan designation of low density residential land use for the property 3. The proposed change of zoning will provide for a density of population on the subject site which far exceeds the average density in the area 4. The proposed change of zoning represents spot zoning which is contrary to good planning practice A roll call vote was taken on the foregoing resolution with the following result AYES Toy, McCotter, Taylor, Ochala , Jurcisin, Feenstra NAYS Bishop. ILThe President declared the resolution adopted 24258 ibordescribed in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 49", and WHEREAS, written notice has been given by certified mail to Ternes Land Development Company, Division of Howard Ternes Packaging Company, a Delaware Corporation, of the Council ' s pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 49, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 49, and WHEREAS, on February 1 , 1988 a public hearing was held on the establishment of proposed City of Livonia Industrial Development Development District No 49, at which time Ternes Land Development Company, and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council ), and a representative of Ternes Land Development Company, attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, WHEREAS, having considered the report and recommendation of the Committee of the Whole, dated June 8, 1988, and submitted pursuant to Council Resolution 225-88, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 . An Industrial Development District is hereby established, such district to consist of the area described above 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 49 " EXHIBIT A PLYMOUTH ROAD INDUSTRIAL SUB WHICH IS PART OF THE SOUTHWEST 1/4 OF SECTION 26, TOWN 1 SOUTH, RANGE 9 EAST, LIBER 96, PAGE 6, 7, & 8, WAYNE COUNTY RECORDER, LOT 7 10 942 ACRES A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, McCotter, Taylor, Feenstra NAYS Toy, Ochala, Jurcisin The President declared the resolution adopted 24259 On a motion by Councilman Jurcisin, seconded by Councilman Bishop, it was #573-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 8, 1988, with regard to the proposed library dedication plaque as submitted by the Capital Improvement Committee, the Council does hereby approve the purchase and installation of same as revised On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, it was RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 8, 1988, with regard to the proposed library dedication plaque as submitted by the Capital Improvement Committee, 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 referral resolution with the following result AYES Toy, McCotter, Ochala NAYS Bishop, Taylor, Jurcisin, Feenstra The President declared the resolution to refer denied A roll call vote was taken on the original resolution with the following result AYES Bishop, Taylor, Jurcisin, Feenstra. NAYS Toy, McCotter, Ochala The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #574-88 RESOLVED, that having considered a communication from the Personnel Director and the Director of Labor Relations, dated June 17, 1988, which bears the signature of the Finance Director and is approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on June 16, 1988, wherein the Commission recommends that the Council concur in a proposed three year contract to be entered into by and between the City of Livonia and the Livonia Fire Fighters Union, Local 1164, Affiliated with the International 24260 Association of Fire Fighters, AFL-CIO, for the period December 1 , 1987 through November 30, 1990, and that the necessary amendments to the Retirement Plan Ordinance, and Compensation Plan and changes in certain benefits as required to effectuate this agreement be approved, the Council does hereby refer this item to the Regular Meeting of July 6, 1988 On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 25, 1988, and the report and recommendation of the Chief of Police, dated April 28, 1988 in connection therewith, the Council does hereby approve of the request from LeBordeaux, Inc. to add space to a 1987 Class C and SDM licensed business with dance permit for a business located at 30325 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 #575-88 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 25, 1988, and the report and recommendation of the Chief of Police, dated April 28, 1988 in connection therewith, with regard to a request from LeBordeaux, Inc to add space to a 1987 Class C and SDM licensed business with dance permit for a business located at 30325 W Six Mile Road, Livonia, Michigan 48152, Wayne County, the Council does hereby refer this item to the July 20, 1988 Regular Meeting A roll call vote was taken on the referral resolution with the following result AYES Toy, McCotter, Taylor, Ochala NAYS Bishop, Jurcisin, Feenstra The President declared the resolution to refer adopted lbw On a motion by Councilman Ochala, it was RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 17, 1988 on all matters required by Sections 3 08 060 of the Livonia Code of Ordinances, 24261 as amended, and a first public hearing having been held thereon on May 25, 1988, after due notice as required by Section 3.08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08.080 of said Code (1 ) accept and approve said statement in all respects; (2) determine to make the road improvement consisting of a 31 ' wide full-depth asphalt pavement with concrete curbs and gutters (Alternate II ) in the North 1/2 of Golden Ridge Subdivision, City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvements as set forth in said statement dated March 17 , 1988, (4) determine that the estimated cost of such improvement Lis $896,235 88, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($102,522 88) and 100% of the drainage ($212,750 00) and the additional sum of $1 ,520.00 for 40 1 .f (Parcel 124-01-0378-000) , and that the balance of said cost and expense of said public improvement amounting to 84.8% of paving ($579,443.00) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that the assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows 24262 A special assessment district in the E 1/2 of Section 31 T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as containing the property shown on the Proposed Assessment Roll and the Proposed Special Assessment District Plan (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08 100 of the Livonia L Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council , prior to the holding of the second public hearing thereon pursuant to Section 3 08.110 of the said code. The above motion failed for lack of support. On a motion by Councilman Ochala, seconded by Councilman Jurcisin, it was RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 17, 1988 on all matters required by Sections 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on May 25, 1988, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08 080 of said Code (1 ) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of a 28' wide full-depth asphalt pavement with mountable asphalt curbs (Alternate III ) in the North 1/2 of Golden Ridge Subdivision, City of Livonia, Wayne County, Michigan, as described in said statement, and to defray 24263 limthe cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvements as set forth in said statement dated March 17, 1988, (4) determine that the estimated cost of such improvement is $824,290 00, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving (or $91 ,706.78) and 100% of the drainage (or $212,774 22) and the additional sum of $1 ,360 00) for 40 1 f. (Parcel 124-01-0378-000), and that the balance of said cost and expense of said public improvement amounting to 84 8% of paving ($518,449 00) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that the assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows. A special assessment district in the E 1/2 of Section 31 T 1 S. , R 9 E , City of Livonia, Wayne County, Michigan, described as containing the property shown on the Proposed Assessment Roll and the Proposed Special Assessment District Plan (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated INN by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit 24264 of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council , prior to the holding of the second public hearing thereon pursuant to Section 3 08 110 of the said code A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin NAYS: Toy, Bishop, McCotter, Feenstra The President declared the resolution denied On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was #576-88 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 17, 1988 on all matters required by Sections 3.08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on May 25, 1988, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1 ) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of the placement of approximately 4" of asphalt over the existing roadway (Alternate IV) in the North 1/2 of Golden Ridge Subdivision , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, lbw (3) approve the plans and specifications for said improvements as set forth in said statement dated March 17 , 1988, 24265 (4) determine that the estimated cost of such improvement is $227,337.65, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving (or $32,367 10)and 100% of the drainage (or $11 ,508 55) and the additional sum of $480 00 for 40 1 f. (Parcel 124-01-0378-000), and that the balance of said cost and expense of said public improvement amounting to 84 8% of paving ($182,982 00) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that the assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A special assessment district in the E. 1/2 of Section 31 T 1 S , R 9 E. , City of Livonia, Wayne County, Michigan, described as containing the property shown on the Proposed Assessment Roll and the Proposed Special Assessment District Plan (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council , and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia 24266 Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council , prior to the holding of the second public hearing thereon pursuant to Section 3.08 110 of the said code A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Bishop, McCotter, Feenstra NAYS: Taylor, Ochala, Jurcisin The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilman Ochala, it was #577-88 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated April 28, 1988, and the report and recommendation of the Chief of Police, dated May 13, 1988, in connection therewith, the Council does hereby approve of the request from Ronald Abraham, Inc for transfer of ownership of a 1987 Class C-SDM licensed business with dance permit and entertainment permit without dressing rooms from Cheers Enterprises, Inc for a business located at 14950 Middlebelt, Livonia, Michigan 48151 , Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Bishop, McCotter, Ochala, Jurcisin NAYS Taylor, Feenstra. The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and unanimously adopted, it was #578-88 RESOLVED, that having considered a petition submitted by certain residents of Parkview Estate Subdivision, dated May 31 , 1988, regarding the location of the entrance to Fox Creek LGolf Course, the Council does hereby request that the City Engineer and Parks and Recreation Commission submit their respective reports and recommendations, further, the Council does hereby request that the Chief of Police, in accordance 24267 Iwowith Section 10.09 090 of the Livonia Code of Ordinances, as amended, issue a temporary 90-day traffic order which prohibits through traffic on Fairway, South of Seven Mile Road, and which also requires that all traffic exiting from the entrance to the Fox Creek Golf Course on Seven Mile Road make right turns only, further, the Council does hereby request that the Traffic Commission, in accordance with Section 10.09 080 of the Livonia Code of Ordinances, as amended, approve the aforesaid temporary traffic orders on a permanent basis A communication from the Fire Chief, dated June 21 , 1988, re the Western Wayne County Mutual Aid Pact was received and placed on file for the information of the Council . On a motion by Councilwoman McCotter, seconded by Councilman Taylor, and unanimously adopted, it was 1579-88 RESOLVED, that having considered a communication from the Fire Chief, dated May 16, 1988, approved for submission by the Mayor, and a letter from the President of the Livonia Fire Fighters Union, dated June 6, 1988, with regard to fire department services in connection with the Mutual Aid Pact of Western Wayne County, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was 1580-88 RESOLVED, that having considered a communication from the Director of Finance, dated May 24, 1988, approved for submission by the Mayor, to which is attached an annual fee notice from the Michigan Municipal League for the period July 1 , 1988 through June 30, 1989, in the amount of $9,125 00, the Council does hereby approve and authorize the payment of same from funds previously budgeted for this purpose. On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #581-88 RESOLVED, that having considered the report and recommendation of the Director of Building Inspection, dated May 12, 1988, approved for submission by the Mayor, with regard to six additional signs in connection with Petition 87-5-2-18, 24268 wherein the Council granted waiver use approval to construct an automatic car wash on the South side of Plymouth Road between Levan and Yale in the Northeast 1/4 of Section 32, the Council does hereby approve the six additional signs, as detailed in the aforesaid communication, subject to the prohibition that no flashing signs shall be permitted and that all lights on these signs shall be turned off on a daily basis no later than 7 30 P.M On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #582-88 WHEREAS, there has been presented to the Board of Directors of The Economic Development Corporation of the City of Livonia (the "Corporation") a proposal relating to the acquisition of an existing dairy processing facility to be located in the City of Livonia, County of Wayne, Michigan (the "Incorporating Unit") to be owned by Embest, Inc , a wholly-owned subsidiary of Country Fresh, Inc. , a Michigan corporation (the "Company") , and im. WHEREAS, said proposal appears to have merit as a "Project" as defined in Act 338, Michigan Public Acts of 1974, as amended (the "Act") , and to meet the need for programs, services and facilities as described in the Act, and WHEREAS, although a "Project Plan" as defined in the Act has not yet been completed or approved with respect to the proposed facility (the "Project") , it is likely that the Project will require issuance of revenue bonds by the Corporation, and WHEREAS, it is desirable to begin proceedings under the Act with respect to the Project and to retain the services of bond counsel to begin preparation of documents with respect to such revenue bonds in order to induce the Company to implement the proposal so as to provide to the Incorporating Unit and its citizens necessary programs, services and facilities, NOW, THEREFORE, BE IT RESOLVED THAT 1 . Pursuant to Section 8(1 ) of the Act, the Board of Directors of the Corporation upon the advice of the Company hereby proposes that the land area described in Exhibit A attached hereto and made part hereof is the land area which will be acquired in the implementation of the Project and hereby ibm designates to the Incorporating Unit' s legislative body said land area described in Exhibit A as the project area for the Project 24269 2 The Secretary of the Corporation be and is hereby directed to (a) communicate the proposed project area boundaries to the aforesaid legislative body by conveying to the foregoing body a certified copy of this resolution, and (b) notify the Chief Executive Officer of the Incorporating Unit of this Corporation's intent to commence a project that two additional directors of the Corporation representative of neighborhood residents and business interests likely to be affected by the proposed Project may be appointed 3 In order to more fully induce the location of the Project in the proposed project area and subject to the hereinafter special provisions, the Corporation will issue its economic development limited obligation revenue bonds in an amount presently estimated not to exceed Seven Million Eight Hundred Thousand Dollars ($7,800,000) , for the purpose of paying all or part of the cost of the Project and the costs incidental to the issuance of the bonds. Said bonds will be issued pursuant to the Act provided that a lease, lease purchase contract, installment sales contract or loan agreement, and other documents and details pertaining to the bonds are prepared with such provisions and details as are acceptable to and approved by Ifts this Board of Directors and provided, further, that all other necessary action is taken in conformance with the Act and provided, further, that the bonds can be sold 4 The proceedings and agreements relating to the Corporation' s financial assistance of the Project and issuance of the bonds shall contain such provisions and details as shall absolutely and completely make certain that under no circumstances will the Corporation, the Incorporating Unit, the State of Michigan or any of its taxpayers or citizens, ever be required to pay the principal of and interest on, or any costs relating to the bonds from tax revenues or other funds of such governmental units, and shall in addition contain provisions fully protecting the Corporation, the Incorporating Unit and the State of Michigan against any other liability and all costs relating to the bonds or the Project 5 By adoption of this resolution the Corporation assumes no obligation or liability to the Company for any loss or damage that may result to the Company from the adoption of this resolution and all costs and expenses in connection with the construction of the Project and all costs of the issuance of the bonds and any and all other costs relating to the acquisition, financing, ownership or operation of the Project shall be paid from the proceeds of sale of the bonds or by the Company tw. 6 The Chairman and Secretary of the Corporation and bond counsel are each hereby authorized to execute and submit to the Department of Treasury of the State of Michigan, when appropriate, an application requesting allocation of bonds for 24270 private purpose bond issues which states that the information contained therein is correct and that there have not been made or received any bribe, gift or direct or indirect contribution to any political campaign for consideration by the State Treasurer of the allocation request or of the Corporation of a request to induce the Project and seek allocation 7. The firm of Miller, Canfield, Paddock and Stone of Detroit, Michigan, is hereby designated and retained by the Corporation as bond counsel with respect to the revenue bonds to be issued in connection with the Project, and is authorized and directed to prepare and submit to all appropriate parties all proceedings, agreements and other documents as shall be necessary or appropriate in connection with the issuance of such bonds, to make application on behalf of the Corporation to the United States Internal Revenue Service and other governmental agencies for such income tax and other rulings and approvals as may be necessary in relation to the issuance of such bonds, and the Secretary of this Corporation is authorized to execute such powers of attorney and other documents as may be appropriate in connection with the foregoing. The legal fees of Miller, Canfield, Paddock and Stone for work done in connection with the Project shall be paid from the proceeds of sale of such bonds or by the Company and in any event shall be at no cost to the Corporation EXHIBIT A DESCRIPTION - PARCEL 3 A parcel of land being part of the S E 1/4 of Section 27 , T 1 S , R 9 E , City of Livonia, Wayne County, Michigan and being more particularly described as follows: Commencing at the East 1/4 corner of said Section 27 , T 1 S , R 9 E , thence S 0°06' 10"E along the East line of Section 27 , a distance of 557 42 feet to a point ; thence N 89°30' 10"W a distance of 300 00 feet to a point ; thence N 0°06' 10"W a distance of 28 74 feet to a point ; thence N 89°55 ' 30"W. a distance of 722 69 feet to a point ; thence S 0°04' 30"W a distance of 626 85 feet to the point of beginning of the parcel herein described Thence S 0°04'30"W a distance of 100 63 feet to a point ; Thence N 89°54'08"E a distance of 16 28 feet to a point ; tiow Thence S 0°05'52"E a distance of 62 50 feet to a point ; Thence S 89°54'08"W a distance of 16 46 feet to a point; Thence S 0°04'30"W a distance of 266 70 feet to a point ; Thence N 89°55 ' 30"W a distance of 32 32 feet to a point ; Thence S 0°04' 30"W a distance of 90 17 feet to a point ; 24271 irem Thence N.89°56'00"W. a distance of 48.74 feet to a point ; Thence S 0°04'00"W. a distance of 201 .05 feet to a point ; Thence S 89°56'00"E a distance of 81 02 feet to a point ; Thence S 0°04'30"W a distance of 382 14 feet to a point ; Thence N 89°22'20"W a distance of 278 19 feet to a point ; Thence S 0°06'10"E a distance of 315 00 feet to a point on the North line of Plymouth Road (120 feet wide) ; Thence N 89°22'20"W along said North line of Plymouth Road, a distance of 60 00 feet to a point ; Thence N 0°06' 10"W a distance of 315 00 feet to a point ; Thence N 89°22'20"W. a distance of 71 83 feet to a point ; Thence N 0°04'30"E a distance of 1099 24 feet to a point ; Thence S 89°55'30"E a distance of 410 00 feet to the point of beginning Containing 10 3815 acres of land , more or less DESCRIPTION - PARCEL 7 A parcel of land being part of the S E 1/4 of Section 27 , T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan and being more particularly described as follows ! Commencing at the East 1/4 corner of said Section 27 , T. 1 S , R 9 E , thence S.0°06' 10"E along the East line of Section 27 , a distance of 557 42 feet to a point ; thence N 89°30' 10"W a distance of 300 00 feet to a point ; thence N 0°06 ' 10"W a distance of 28 74 feet to a point ; thence N 89°55 ' 30"W a distance of 722 69 feet to a point ; thence S 0°04' 30"W a distance of 1056 67 feet to a point ; thence S 89°55'30"E a distance of 17 93 feet to a point ; thence S 0°04 '30"W a distance of 24 13 feet to the point of beginning of the parcel herein described Thence S 89°55' 30"E a distance of 40 63 feet to a point Thence N 00°05'08"E a distance of 80 12 feet to a point ; Thence S 89°54'52"E a distance of 199 62 feet to a point ; Thence S 00°05'08"W a distance of 80 08 feet to a point ; Thence S 89°55' 30"E a distance of 344 81 feet to a point ; Thence S 00°06 ' 10"E a distance of 234 89 feet to a point ; 24272 Thence N 89°22'20"W. a distance of 87 .75 feet to a' point ; Thence S 00°05'08"W. a distance of 248 09 feet to a point ; Thence S 45°05'08"W. a distance of 42 43 feet to a point ; Thence N 89°54'52"W. a distance of 485 93 feet to a point ; Thence N 00°04'30"E a distance of 244 95 feet to a point ; Thence N 89°56'00"W. a distance of 81 02 feet to a point ; Thence N 00°04'00"E. a distance of 201 05 feet to a point ; Thence S 89°56'00"E. a distance of 22 20 feet to a point ; Thence S 00°04' 15"W a distance of 4 29 feet to a point ; Thence S 58°22'56"E a distance of 90 10 feet to a point ; Thence N 00°04' 30"E. a distance of 117 47 feet to the point of beginning Containing 7 1905 acres of land , more or less DESCRIPTION - PARCEL 8 A parcel of land being part of the S E 1/4 of Section 27 , T. 1 S , R 9 E , City of Livonia, Wayne County, Michigan and being more particularly described as follows Commencing at the East 1/4 corner of said Section 27 , T. 1 S , R 9 E , thence S 0°06' 10"E along the East line of Section 27, a distance of 557 42 feet to a point ; thence N 89°30' 10"W a distance of 300 00 feet to a point ; thence N 0°06' 10"W a distance of 28 74 feet to a point ; thence N 89°55'30"W a distance of 722 69 feet to a point ; thence S.0°04'30"W a distance of 789 98 feet to the point of beginning of the parcel herein described: Thence N.89°54 '08"E a distance of 16 46 feet to a point ; Thence N.00°05 '52"W a distance of 17 48 feet to a point ; Thence S.89°55 '30"E. a distance of 40 56 feet to a point ; Thence N.00°05 '08"E a distance of 49 66 feet to a point ; Thence S.89°54 '52"E a distance of 44 00 feet to a point ; Thence 5.00°05 '08"W a distance of 49 65 feet to a point ; Thence S 89°55 ' 30"E a distance of 501 07 feet to a point ; Thence S 00°06 ' 10"E a distance of 308 35 feet to a point ; Thence N 89°55 ' 30"W a distance of 344 81 feet to a point ; 24273 Thence N 00°05'08"E. a distance of 80 08 feet to a point ; Thence N 89°54'52"W. a distance of 199 .62 feet to a point ; Thence S 00°05'08"W. a distance of 80. 12 feet to a point ; Thence N 89°55' 30"W. a distance of 40.63 feet to a point ; Thence N 00°04' 30'E. a distance of 24 13 feet to a point ; Thence N 89°55' 30"W. a distance of 17 93 feet to a point ; Thence N 00°04' 30"E a distance of 266 70 feet to the point of beginning Containing 3 9318 acres of land , more or less DESCRIPTION - PARCEL 12 A parcel of land being part of the S E 1/4 of Section 27 , T. 1 S. , R 9 E , City of Livonia, Wayne County, Michigan and being more particularly described as follows : Commencing at the East 1/4 corner of said Section 27 , T 1 S , R 9 E , thence S 0°06' 10"E. along the East line of Section 27 , a distance of 557 42 feet to a point ; thence N 89°30' 10"W a distance of 300 00 feet to a point ; thence N 0°06' 10"W a distance of 28 74 feet to a point ; thence N 89°55'30"W a distance of 722 69 feet to a point ; thence S.0°04 ' 30"W a distance of 1056.67 feet to the point of beginning of the parcel herein described: Thence S.89°55' 30"E. a distance of 17 93 feet to a point ; Thence S 00°04' 30"W a distance of 141 60 feet to a point ; Thence N 58°22 '56"W a distance of 90 10 feet to a point ; Thence N 00°04' 15"E a distance of 4 29 feet to a point ; Thence S 89°56'00"E a distance of 26 54 feet to a point; Thence N 00°04' 30"E a distance of 90 17 feet to a point ; ifftoThence S 89°55' 30"E a distance of 32 32 feet to the point of beginning Containing 0 1531 acres of land , more or less 24274 f fts On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #583-88 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, to assist and retain local industrial and commercial enterprises in order to strengthen and revitalize the City' s economy and to encourage the location and expansion of industrial and commercial enterprises to provide needed services and facilities to the City and its residents, and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation") , and WHEREAS, the Corporation in conformity with Act No. 338, Public Acts of Michigan, 1974, as amended ("Act No. 338") , has designated the hereinafter described project area for such a program to this Council for its approval thereof, and WHEREAS, it is also necessary for this Council to establish project district area boundaries, and WHEREAS, it is also necessary for this Council to approve the appointment of two additional directors to the Board of Directors of the Corporation pursuant to the provisions of Section 4(2) of Act No 338, NOW, THEREFORE, BE IT RESOLVED THAT 1 This Council does hereby certify its approval of the Corporation' s designation of the project area described in Exhibit A included herein by reference (Embest, Inc. ) 2 This Council does hereby establish as a project district area the property described in Exhibit B included herein by reference 3 This Council does hereby certify its approval of the individuals listed in Exhibit C as additional Directors of the Corporation to serve in conformity with the provisions of Section 4(2) of Act No 338 24275 4 It is hereby determined that the requirements of Section 20 of Act No. 338 have been met and that the formation of a project citizens district council is not required 5. The City Clerk be and is hereby directed to deliver a certified copy of this resolution to the Secretary of the Board of the Corporation. 6 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded EXHIBIT C Additional Directors Richard C Shuler Allied Commerce Center 31740 Plymouth Road Livonia, Michigan 48150 Scott Grace Daly Drive In 31500 Plymouth Road Livonia, Michigan 48150 On a motion by Councilwoman Toy, seconded by Councilman Taylor, it was #584-88 RESOLVED, that having considered a letter from the Hertz Corporation, Credit Union Sales, dated May 25, 1988, wherein permission is requested for the use of the Livonia Henry Ford Centennial Athletic Field for the purpose of conducting a private car sale event on Saturday, August 13, 1988 from 9 00 A M to Noon, said sale to be conducted in the south section of the Eddie Edgar Arena parking lot, the Council does hereby grant and approve this request, subject to providing a certificate of insurance in the amount of $1 ,000,000 that names the City of Livonia as additional insured, the same to be approved as to form by the Department of Law and that a fee of $500 be charged for this event. A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Bishop, McCotter, Taylor, Feenstra ib. NAYS: Ochala, Jurcisin The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was 24276 iim #585-88 RESOLVED, that having considered a letter from the Hertz Corporation, Credit Union Sales, dated May 25, 1988, wherein permission is requested for the use of the Livonia Henry Ford Centennial Athletic Field for the purpose of conducting a private car sale event on Saturday, August 13, 1988 from 9.00 A.M. to Noon, said sale to be conducted in the south section of the Eddie Edgar Arena parking lot, the Council does hereby request that the Mayor submit his report and recommendation with regard to the use of City property by a private entrepreneur such as the Hertz Corporation. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, it was #586-88 RESOLVED, that having considered a communication from the City Planning Comrission, dated June 1 , 1988, which transmits its resolution 5-89-88, adopted on May 17, 1988, with regard to Petition 88-4-2-17, submitted by William Roskelly requesting waiver use approval to construct a gasoline service station on property located on the Southeast corner of Farmington Road and Schoolcraft Road (1-96 Service Drive) in the Northwest 1/4 of Section 27, which property is zoned C-2, the Council imi does hereby reject the recommendation of the City Planning Commission and Petition 88-4-2-17 is hereby denied for the following reasons: 1 That the petitioner has failed to affirmatively show that the proposed use is in compliance with the general standards and requirements set forth in Section 19.06 of the Zoning Ordinance No 543. 2 That the proposed use is contrary to the spirit and intent of the Zoning Ordinance which, among other things, is to promote and encourage a balanced and appropriate mix of uses and not oversaturate an area with similar type uses as is being proposed 3 That the proposed use would be detrimental to and incompatible with the adjoining uses in the area 4 That the location and nature of the proposed use and the site layout and its relation to streets giving access to it will be such that traffic to and from the site will be hazardous to the neighborhood since it will unduly conflict with the normal traffic of the area 16. A roll call vote was taken on the foregoing resolution with the following result AYES Toy, McCotter, Taylor, Ochala, Jurcisin NAYS Bishop, Feenstra The President declared the resolution adopted. 24277 On a motion by Councilman Taylor, seconded by Councilwoman Toy, im. and unanimously adopted, it was #587-88 RESOLVED, that the Council does hereby request the Planning Department to submit a report and recommendation regarding the question of whether or not the property located at the Southeast corner of Farmington Road and Schoolcraft Road in the Northwest 1/4 of Section 27 should be rezoned from C-2 to a classification which is more appropriate On a motion by Councilwoman Toy, seconded by Councilman Taylor, it was #588-88 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated April 5, 1988 pursuant to Council Resolution 86-88, adopted on January 27, 1988 and in accordance with the provisions of Section 3.08 060 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, containing a report with regard to the improvement consisting of the installation of 100 watt high pressure sodium lights on davitt poles with underground wiring in the Sunnyside, Meadowview and Biltmore Estates Subdivision located in the East 1/2 of Section 20 and the West 1/2 of Section 21 , City iww of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on May 16, 1988, pursuant to Council Resolution 357-88, after due notice as required by Title 3, Chapter 8 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for the proposed improvement. A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Bishop, McCotter, Taylor, Ochala. NAYS Jurcisin, Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #589-88 RESOLVED, that having considered a letter from "Enough is Enough" Coordinating Committee, dated June 8, 1988, to which is attached petitions signed by certain residents requesting the construction of a fifth traffic lane on Seven Mile Road from Inkster Road to U S 275, the Council does hereby refer this item to the Traffic Commission for its report and recommendation 24278 ti• On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #590-88 RESOLVED, that having considered a communication dated June 6, 1988, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as Grant of Easement dated May 25, 1988, executed by William V Titus (a single man) for The South 12 feet of the following parcel of land Part of the Northeast 1/4 of Section 24, T 1S. , R.9E , City of Livonia, Wayne County, Michigan, being described as follows Beginning at a point, said point being due West, 100 0 feet as measured along the North line of Section 24, and S. 0°36'W , 60 0 feet from the Northeast corner of the West 1/2 of the Northeast 1/4 of Section 24, T 1S. , R 9E „ thence S 0°36' West, 210 0 feet, thence due East, 100 0 feet, thence N 0°36' East, 210 0 feet, thence due West 100 0 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 Councilwoman McCotter, and unanimously adopted, it was #591-88 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921 , as amended, Sharron G Brown, 35573 Leon, Livonia, Michigan 48150, is hereby reappointed as a member of the Zoning Board of Appeals, for a three year term of office, such term commencing on July 12, 1988, which will expire on July 12, 1991 , provided that Ms. Brown 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 On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was 24279 #592-88 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921 , as amended, David P Parr, 14388 Gary Lane, Livonia, Michigan 48154, is hereby appointed as a member of the Zoning Board of Appeals, for a three year term of office, such term commencing on July 12, 1988, which will expire on July 12, 1991 , provided that Mr Parr 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 On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, and unanimously adopted, it was #593-88 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921 , as amended, Susan J Muccino, 15854 Blue Skies, Livonia, Michigan 48154, is hereby appointed as a member of the Zoning Board of Appeals, for a three year term of office, such term commencing on July 12, 1988, which will expire on July 12, 1991 , provided that Ms Muccino 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 On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, and unanimously adopted, it was #594-88 RESOLVED, that having considered a letter from Gary and Debbie Lawrence, 15698 Oakhill Ct , Livonia, Michigan 48154 and Larry and Debbie Dudek, 34400 Woodvale Drive, Livonia, Michigan 48154, dated June 14, 1988, requesting permission to close Oakhill Ct between Alpine and Ashurst, on Saturday, July 2, 1988, from 2 30 P M to 8 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 the approval of the Police Department On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #595-88 RESOLVED, that having considered a communication from the Department of Law, dated June 14, 1988, submitted pursuant to Council Resolution 255-88, transmitting for Council acceptance a warranty deed dated May 26, 1988, executed by John T Sullivan 24280 Imp and Dolores Sullivan, his wife, conveying to the City certain property described as follows The South 30 feet of the following described parcel That part of the N.W. 1/4 of Section 14 described as beginning at a point on the South line of Six Mile Road distant due West 1090 29 ft. and South Q" 11 ' West 60,0 feet from the North 1/4 corner of Section 14 and proceeding thence due West along the South line of Six Mile Road 137.53 ft , thence South 0oll ' West 1207. 58 ft , thence North 89° 15' East 137. 55 ft , thence North 0° 11 ' East 1205 77 ft, to the point of beginning. (Munger Road right-of-way) Wayne County Bureau of Taxation Parcel 054-99-0008-000 the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid warranty deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, further, the City Assessor is hereby requested lia to have this property removed from the tax rolls and to show the same as City-owned and tax exempt. On a motion by Councilwoman McCotter, seconded by Councilwoman Toy, and unanimously adopted, it was #596-88 RESOLVED, that having reviewed the financial report submitted by Councilwoman McCotter, dated June 14, 1988, the Council does for and on behalf of the City of Livonia Civic Center Library, accept the donations in the amount of $4,000 00 from the Flagpole Fund-raiser 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 appropriate $4,000.00 to be added to Account Number 471-000-698- 000 in order to fulfill the purpose of thse donations. Surplus funds will be used for lighting and other enhancements. FURTHER BE IT RESOLVED, that the Livonia City Council does hereby express its deep appreciation to those persons who donated the funds to make the flagpole at the Civic Center Library as special as the Library itself On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was 24281 1597-88 RESOLVED, that having received American Flags donated by Fred Porman, Disabled American Veterans, Chapter 114 of Livonia; Congressman Carl Pursell , Mrs. Edward B Covert in Memory of her husband, as a direct result of the Flagpole Fund-raiser sponsored by Councilwoman McCotter on May 30, 1988, the Council does for and on behalf of the City of Livonia Civic Center Library, accept the donations of American Flags, the purpose of which is to fly freely from the flagpole situated at the Civic Center Library. FURTHER, the Council of the City of Livonia expresses its deep appreciation to those persons and organizations who donated the American Flags On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #598-88 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 Jurcisin, seconded by Councilwoman McCotter, and unanimously adopted, it was 1599-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 20, 1988, and submitted pursuant to Council Resolution 305-88 with respect to letters from the Michigan Liquor Control Commission, dated February 16, 1988, February 19, 1988 and February 29, 1988, and the report and recommendation of the Chief of Police, dated March 11 , 1988, the Council does hereby determine as follows 1 . To approve transfer of all stock interest in Saga Enterprises, Inc , a California Corporation, from Saga Corporation (old) to Saga Corporation (new) , in 1987 Class C License with Dance Permit and Entertainment Permit (without Dressing Rooms) , located at 17050 Laurel Park Drive South, Livonia, Michigan 48154 (Step I ) ; and 2. To approve transfer of 1987 Class C License with Dance L Permit and Entertainment Permit (without Dressing Rooms) , located at 17050 Laurel Park Drive South, Livonia, Michigan 48154, from Saga Enterprises, Inc to Saga Restaurants, Inc (Step II ) , 24282 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 Bishop, seconded by Councilwoman McCotter, it was #600-88 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 20, 1988, and submitted pursuant to Council Resolution 500-88 in connection with a communication from the City Planning Commission, dated May 13, 1988, which transmits its resolution 4-76-88, adopted on April 26, 1988 with regard to Petition 88-4-8-13, submitted by Robert K Seymour for site plan approval in connection with a proposal to construct a multi-tenant building on the south side of Eight Mile Road between Shadyside and Mayfield in the Northwest 1/4 of Section 3, pursuant to the provisions set forth in Section 18.47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 88-4-8-13 is hereby approved and granted, such approval to be based upon the same IN. conditions as those set forth in the aforesaid reccimendation of the Planning Commission, as well as based upon a revised site plan, building elevation plan and landscape plan, all dated June 22, 1988 A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, McCotter, Taylor, Jurcisin, Feenstra NAYS. Toy, Ochala The President declared the resolution adopted. On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was #601-88 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 231-88, adopted on March 9, 1988 A roll call vote was taken on the foregoing resolution with the following result AYES. Toy, Bishop, McCotter, Taylor, Jurcisin NAYS Ochala, Feenstra. The President declared the resolution adopted 24283 lbw On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was 1602-88 RESOLVED, that having considered a communication from the City Planning Commission, dated February 11 , 1988, which transmits its resolution 2-25-88, adopted on February 9, 1988, with regard to Petition 88-1-8-2, submitted by Ameritech Mobile Communications, Inc , requesting site plan approval in connection with a proposal to construct a 117 foot telephone communications antenna on property located at 32721 Eight Mile Road in Section 3, 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 88-1-8-2 is hereby approved and granted, such approval to be based upon the same condition as set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result AYES: Toy, Bishop, McCotter, Taylor, Jurcisin. NAYS. Ochala, Feenstra. The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, this 1 ,131st Regular Meeting of the Council of the City of Livonia was adjourned at 9 45 P M , June 22, 1988 t \ t1L4J2-41 C1-4-A44: Rop,„ezt F. Nash, Citk,Clerk Iftse