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HomeMy WebLinkAboutCOUNCIL MINUTES 1996-10-16 29804 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND THIRTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 16, 1996, 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 Councilmember Taylor delivered the invocation Roll was called with the following result: Gerald Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, and Joe Laura. Absent: None Elected and appointed officials present: Jack E Kirksey, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Sean P Kavanagh, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Michael T Slater, Finance Director; Robert J Beckley, Director of Public Works, Ronald J Engle, Fire Chief; and Rick Niedieck, Director, Livonia Economic Development Office On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #940-96 RESOLVED, that the minutes of the 1,329th Regular Meeting of the Council of the City of Livonia, held September 30, 1996, are hereby approved as submitted Councilmember McGee presented the following resolution to former Mayor Bob Bennett, who is the President of the Livonia Community Foundation On a motion unanimously introduced, seconded and adopted, it was #941-96 WHEREAS, the purpose of the Livonia Community Foundation is to provide a stable, substantial and long-term source of funding for many and various civic, charitable and cultural needs of the community; and WHEREAS, the Livonia Community Foundation is a means to supplement monies available through traditional funding sources, and 29805 WHEREAS, all donations to the Livonia Community Foundation are held in trust to provide an investment endowment, the income from which is used for community foundation purposes, and WHEREAS, the source of said funding includes donations from individuals and/or their estates, and business entities, including partnerships and corporations; and WHEREAS, the Livonia Community Foundation is a bona fide and certified charitable trust under Federal regulations (Section 501 3C) and State law wherein donations to the Foundation are tax deductible under Federal law and receive preferential tax credits under Michigan law; WHEREAS, donors to the Livonia Community Foundation help provide for Livonia's future quality of life and may direct the use of the donations, according to the donor's particular interests, and WHEREAS, the Livonia Community Foundation, in the spirit of goodwill, charity and generosity is seeking donations from individuals and businesses in order to create that permanent source of funding for the various historical, cultural, civic, and charitable needs of Livonia, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Members of the City Council hereby proclaim the month of November, 1996, to be Livonia Community Foundation Month and encourage any and all, able and willing to contribute, to give generously to the Livonia Community Foundation There was no audience communication at the beginning of the meeting A communication from the Department of Finance, dated September 23, 1996, re forwarding various financial statements of the City of Livonia for the month ending August 31, 1996, was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Brosnan, it was #942-96 RESOLVED, that having considered a request from Councilmember Fernon P Feenstra, the Council does hereby refer the subject of the possibility of the installation of a canopy over the inclined entrance ramp on the east side of City Hall to the Department of Public Works for its report and recommendation. #943-96 RESOLVED, that having considered a request from Councilmember Fernon P Feenstra, the Council does hereby refer the 29806 subject of the purple and rose colored sign at the Village Green Florist on Eight Mile Road near the intersection of Farmington Road to the Inspection Department for its report and recommendation. #944-96 RESOLVED, that having considered a letter from Timothy D Sprader, 18286 Gillman, dated September 26, 1996, which requests permission to place 18"x 24" signs announcing the Livonia Jaycees Annual Haunted House, which signs shall be installed on October 10, 1996, at the following intersections Five Mile and Farmington Six Mile and 1-275 Six Mile and Inkster Seven Mile and Haggerty Eight Mile and Middlebelt Eight Mile and Haggerty 1-96 and Middlebelt 1-96 and Merriman Grand River and Inkster Grand River and Middlebelt and all signs to be removed no later than October 30, 1996, the Council does hereby grant and approve this request in the manner and form herein submitted. A communication from the Office of the City Clerk, dated September 27, 1996, re collection of Wayne County Transit Authority taxes was received and placed on file for the information of the Council A communication from the Inspection Department, dated September 26, 1996 re administrative response to Council Resolution 856-96 - concerns about a rat infestation problem in the area of 9019 Oxbow - was received and placed on file for the information of the Council #945-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated September 24, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase from North American Salt, 8300 College Boulevard, Overland Park, Kansas 66210, of rock salt used for ice control at the unit price bid of $25 64 per ton for the period through April 15, 1997, submitted to the Consortium of Farmington Hills, Southfield and the Southfield School District, the same having been in fact the lowest bid received for this • 29807 item, FURTHER, in the event the aforesaid low bidder is unable to provide the requested supply of rock salt to the City, the Council does hereby accept the bid of Morton Salt, 100 N Riverside Plaza, Chicago, Illinois 60606, at the unit price of $27 66 per ton, for the period through limo April 15, 1997, the same having been in fact the second lowest bid received for this item, FURTHER, the Council does hereby authorize such expenditure from funds already budgeted in Account No 101-463- 784-000 for this purpose #946-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Public Utility Manager, dated September 27, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of United Carpet, 35801 Mound, Sterling Heights, Michigan 48310, for completing all work in connection with the installation of carpeting on the second and third floors at City Hall for the sum of $63,178 78, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $63,178 78 from Account No 101-447-976-000 for this purpose, FURTHER, the Council does hereby authorize a budget adjustment increasing State Shared Revenue Account No 101-000-568-000 by $33,179 00 and increasing Capital Outlay - Building Improvement Account No 101-447-976-000 by $33,179 00 for this purpose, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. #947-96 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 20, 1996, approved for submission by the Mayor, with regard to quotes received for life insurance coverage as set forth in the list and tabulation attached to the aforesaid communication, the Council does hereby accept the quoted price of Standard Life Insurance Company, 100 North Riverside Plaza, Suite 1515, Chicago, Illinois 60606, to provide life insurance at the rate of $ 22 per $1,000 payroll per month, the same having been in fact the lowest quote received; FURTHER, the Council does hereby authorize an agreement between the City of Livonia and Standard Life Insurance Company to buy life insurance coverage at these rates for a three year period effective October 1, 1996, FURTHER, the Council does hereby authorize the said purchase without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended #948-96 RESOLVED, that having considered the report and recommendation of the Director of Finance and City Assessor, dated September 27, 1996, approved for submission by the Mayor, the Council 29808 does hereby authorize the purchase of workstations for the Finance and Assessment Departments from Encore/Interior Dynamics, 32425 Schoolcraft Road, Livonia, Michigan 48150, for the price of $61,920 89, the same to be expended from funds already budgeted for this purpose in Oa. Account Nos 101-202-983-000 ($12,000 00), 101-201-983-000 ($14,000 00) and 592-558-983-000 ($14,000 00), FURTHER, the Council does hereby authorize the expenditure of an additional sum not to exceed $21,921 39 from the unexpended fund balance of the Capital Improvement Fund (401) for this purpose, FURTHER, the Council does hereby authorize the said purchase without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #949-96 RESOLVED, that having considered a request from Councilmember Fernon P Feenstra, the Council does hereby refer the matter of a possible ordinance amendment to eliminate hazardous obstacles in the right-of-way to the Department of Law and the Inspection Department for their respective reports and recommendations. #950-96 RESOLVED, that having considered a communication from the Department of Law, dated September 4, 1996, approved for submission by the Mayor, the Council does hereby accept the offer of General Motors Corporation, 3044 West Grand Boulevard, Detroit, Michigan 48202, to purchase certain City-owned property adjoining Fire Station No 4 on Middlebelt Road, described as Part of the Southwest 1/4 of Section 25, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 0 degrees 33 minutes 50 seconds West along the West line of Section 25, 583 78 feet and South 89 degrees 38 minutes 20 seconds East, 67 35 feet from the West 1/4 corner of said Section 25, Thence South 89 degrees 38 minutes 20 seconds East, 292 65 feet; Thence South 0 degrees 33 minutes 50 seconds West, 250 00 feet; Thence North 89 degrees 38 minutes 20 seconds West, 80 00 feet; Thence North 0 degrees 33 minutes 50 seconds East, 160 00 feet; Thence North 89 degrees 38 minutes 20 seconds West, 218 99 feet, Thence North 04 degrees 35 minutes 45 seconds East, 90 25 feet to the point of beginning, for the sum of$120,000 00 which acceptance is conditioned upon the purchaser providing such title work as may be required for completion of the sale of this property; and the Mayor and City Clerk are hereby requested to execute a quit claim deed, subject to approval as to form by the Department of Law, as well as to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby direct that the net proceeds from the sale of this 29809 property be deposited into Capital Improvement Fund 401, and does hereby appropriate this amount to be used for capital improvements to the City's fire stations A communication from the Department of Law, dated September 24, 1996, re administrative response to Council Resolution 799-96 - allocation of the 16th District Court Volunteer Work Program Funds (Legal Opinion 96-8) - was received and placed on file for the information of the Council #951-96 RESOLVED, that having considered Legal Opinion 96-8 prepared by the Department of Law, dated September 24, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 799-96, with regard to the subject of the allocation of 16th District Court Volunteer Work Program Funds, the Council does hereby refer this item to the Finance, Insurance and Budget Committee for its report and recommendation A communication from the Department of Law, dated September 26, 1996, re administrative response to Council Resolution 498-96 -jurisdiction of the Zoning Board of Appeals and the Planning Commission and the manner in which specific items proceed through the system - was received and placed on file for the information of the Council #952-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 26, 1996, approved for submission by the Mayor, submitted pursuant to Council Resolution 498-96, with regard to a proposed list of the appropriate procedure and jurisdiction of the Planning Commission, Zoning Board of Appeals and City Council for those matters requiring specific approval under the Zoning Ordinance, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation #953-96 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 11, 1996, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Hayes Excavating Company, Inc., 7191 Edward Street, Detroit, Michigan 48210, for completing all work required in connection with the storm sewer extension at Joy and Hix for the estimated total cost of $47,011 30 based upon the Engineering Department's estimate of units involved, and subject to a final payment 29810 based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $47,011 30 from the Surplus Drain Funds in the Drainage Projects Construction Fund No 465 for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution A communication from the Engineering Department, dated September 17, 1996, re administrative response to Council Resolution 695-96 - the subject of a road cut/sewer tap on Pickford, west of Inkster Road - was received and placed on file for the information of the Council #954-96 RESOLVED, that having considered a communication from the City Engineer, dated September 6, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, requesting an additional appropriation for costs to complete the reconstruction of a 16" oil line within the Merriman Road right-of-way, previously authorized pursuant to Council Resolution 395-94, in connection with the Merriman Road Grade Separation Project, the Council does hereby appropriate and authorize the expenditure of the additional sum of$53,792 33 from the $12 Million Obligation Bond Issue for this purpose for the reasons outlined in the aforesaid communication, FURTHER, the Council does hereby authorize final payment to be made to Sun Pipe Line Company in the amount of$301,495 33 for this work. A communication from the Planning Director, dated September 20, 1996, re administrative response to Council Resolution 929-95 - a recommended plan to increase the landscaping in back of Home Quarters Warehouse, Inc., located at 20000 Haggerty Road - was received and placed on file for the information of the Council #955-96 RESOLVED, that having considered a communication from the City Planning Commission, dated September 24, 1996, which transmits its resolution 9-171-96, adopted on September 17, 1996, with regard to Petition 96-7-2-22, submitted by Bonnie Scott for St. Michael Catholic School requesting waiver use approval to construct an addition to an existing private school on property located south of Plymouth Road between Hubbard Road and Fairfield Avenue in the Northwest 1/4 of 29811 Section 34, which property is zoned R-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 96-7-2-22 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Drawing No 1 dated August 29, 1996, as revised, prepared by Harold H Fisher & Associates, Inc., Architects, which is hereby approved, shall be adhered to, 2 That the Building Elevation Drawings marked Drawing No 2, 3 and 4 dated July 11, 1996, prepared by Harold H Fisher & Associates, Inc., Architects, which are hereby approved, shall be adhered to, and 3 That a portion of the asphalt area, extending approximately 48 feet south from Plymouth Road in the westerly portion of the Hubbard Road right-of-way adjacent to the front of the church, shall be removed and replaced with sod #956-96 RESOLVED, that the Council does hereby refer the subject of the feasibility of reducing the one year deadline/timeline on waiver uses to the Department of Law for its report and recommendation #957-96 RESOLVED, that having considered a communication from the City Planning Commission, dated September 24, 1996, which transmits its resolution 9-168-96, adopted on September 17, 1996, with regard to Petition 96-8-2-25, submitted by Accurate Collision requesting waiver use approval to construct an addition to an existing automobile repair facility located on the west side of Merriman Road between Plymouth Road and the CSX Railroad in the Southeast 1/4 of Section 27, which property is zoned M-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 96- 8-2-25 is hereby approved and granted subject to a variance being granted for an addition to a non-conforming building and for deficient building setbacks by the Zoning Board of Appeals and to the following conditions 1 That the Site Plan marked Sheet 1 dated August 13, 1996, prepared by Sheppard Engineering, Inc., which is hereby approved, shall be adhered to, and 2 That the Building Elevation Plan marked Sheet 3 dated August 13, 1996, prepared by Sheppard Engineering, Inc., which is hereby approved, shall be adhered to #958-96 RESOLVED, that having considered a communication from the City Planning Commission, dated September 24, 1996, which transmits its resolution 9-178-96, adopted on September 17, 1996, with 29812 regard to a Sign Permit Application, submitted by Gary Mulka on behalf of Mr Pita Sandwich Shop, requesting approval for a wall sign for the restaurant located at 34708 Plymouth Road in the Southwest 1/4 of Section 28, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to the following conditions 1 That the Sign Package for Mr Pita by Gary Mulka, as received by the Planning Commission on August 27, 1996, is hereby approved and shall be adhered to, and 2. That the signage shall not be illuminated beyond one (1) hour after closing #959-96 RESOLVED, that having considered a communication from the City Planning Commission, dated October 3, 1996, which transmits its resolution 10-185-96 adopted on October 1, 1996, with regard to Petition 96-9-8-16, submitted by Marriott International, requesting site plan approval in connection with a proposal to construct a hotel on property located at 38950 Six Mile Road in the Southwest 1/4 of Section 7, 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 96-9-8-16 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 dated September 16, 1996, prepared by Nowak & Fraus, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked PL-1 dated September 17, 1996, prepared by M J Gac & Associates, is hereby approved and shall be adhered to, 3 That underground sprinklers are to be provided for all new landscaped and sodded lawn areas shown on the approved Landscape Plan, and all planted materials shall be installed prior to final inspection and to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That the Building Elevation Plans marked A201, A203 and A204 dated October 1, 1996, prepared by Marriott, are hereby approved and shall be adhered to, 5 That the trash dumpster area is to be enclosed on three sides with the same brick used in the construction of the hotel, and the wooden enclosure gates shall be maintained and closed at all times when not in use, 29813 6 That this approval does not authorize consent of any signage shown on the plans and that all signage shall come back before the Planning Commission and City Council for their review and approval, and 7 That the petitioner shall meet the following requirement outlined in the correspondence from the Fire Marshal dated September 25, 1996, to the satisfaction of the Department of Public Safety. That "Fire Lane - No Parking" signs are to be posted on one side (hydrant side) of the roadway running west to east along the south side of complex. Any parallel parking along west side of complex in front of gate house and/or in front of west end of Residence Inn may require additional fire lane signs be posted #960-96 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, December 2, 1996, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 96-8-6-4, submitted by the City Planning Commission, pursuant to Council Resolution 594-96, to determine whether or not to amend Section 18 50D of the Zoning Ordinance so as to provide for additional control over the placement and size of political signs, the City Planning Commission in its resolution 9- 169-96 having recommended to the City Council that Petition 96-8- 6-4 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 amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified 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: 29814 AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura NAYS None On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #961-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 1, 1996, submitted pursuant to Council Resolution 66-96, and a communication from the Department of Law, dated September 27, 1996, approved for submission by the Mayor, regarding the subject of the failure of Bobby's Country House, Inc. to adhere to the terms and conditions of the lease agreement between Bobby's Country House, Inc. and the City of Livonia, the Council does hereby refer the subject of whether the tenant is fulfilling the terms and conditions of the lease agreement with respect to maintenance obligations to the Department of Public Works for its report and recommendation On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #962-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 1, 1996, submitted pursuant to Council Resolution 788-96 concerning the subject matter of the Hold Harmless Contract between the City of Livonia and Hegira Programs, Inc., the Council does hereby approve said Hold Harmless Contract. On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #963-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 1, 1996, submitted pursuant to Council Resolution 788-96, concerning the subject matter of the Hold Harmless Contract between the City of Livonia and Hegira Programs, Inc., the Council does hereby refer the subject of the legal status of the Community Commission on Drug Abuse vis-à-vis the City of Livonia to the Department of Law for its report and recommendation 29815 On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #964-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 1, 1996, submitted pursuant to Council Resolution 788-96, concerning the subject matter of the Hold Harmless Contract between the City of Livonia and Hegira Programs, Inc., the Council does hereby refer the subject of funding of the Community Commission on Drug Abuse to the Finance Department for its report and recommendation On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #965-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 1, 1996, submitted pursuant to Council Resolution 788-96, concerning the subject matter of the Hold Harmless Contract between the City of Livonia and Hegira Programs, Inc., the Council does hereby refer the subject of appointments of the Community Commission on Drug Abuse members, whose terms expired on October 7, 1996, to the Mayor for his report and recommendation. On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #966-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 1, 1996, submitted pursuant to Council Resolution 790-96 concerning the subject matter of the Hold Harmless Contract between the City of Livonia and First Step, the Council does hereby approve said Hold Harmless Contract. On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #967-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 1, 1996, submitted pursuant to Council Resolution 790-96, with respect to the subject matter of the Hold Harmless Contract between the City of Livonia and First Step, the Council does hereby refer the subject of the legal obligation of the City to fund First Step to the Department of Law for its report and recommendation 29816 On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was it""'' #968-96 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 1, 1996, submitted pursuant to Council Resolution 790-96, the Council does hereby refer the matter of the possible establishment of a commission on families as a means of funding programs to combat domestic violence, drug abuse and other problems affecting families, and guidelines for the scope of such proposed commission to the Mayor for his report and recommendation Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 96-3-1-6) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Dave Holman, 9019 Oxbow, stated his opposition to the aforementioned ordinance On a motion by Vandersloot, seconded by Taylor, and unanimously adopted, it was #969-96 RESOLVED, that the Council does hereby request a report and recommendation from the Inspection Department regarding the parking of trucks behind the Mid-Plaza Shopping Center Duggan took from the table, for second reading and adoption, the following Ordinance 29817 AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 96-3-1-7) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Duggan, Feenstra, McGee, and Laura NAYS Brosnan and Vandersloot. The President declared the foregoing Ordinance duly adopted, and would become effective on publication Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION (4) OF SECTION 2.10 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 96-2-6-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 7 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 96-6-1-13) A roll call vote was taken on the foregoing Ordinance with the following result: 29818 AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 96-5-1-9) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura. fir NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 130 AND 160 OF TITLE 12, CHAPTER 24 (TREES AND SHRUBS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #970-96 RESOLVED, that having considered a communication from Jenifer Carbonneau, 18310 Pershing Street, received in the Office of the 29819 City Clerk on September 13, 1996, on behalf of the Botsford PTO, and having considered the necessity for the installation of sidewalks to be located within the City's Botsford Park in Section 1, from the existing walkway across the Rouge Creek, west to the existing walkway on Botsford School, the Council does hereby authorize the installation of same, FURTHER, the Council does hereby authorize the City Engineer to prepare specifications, obtain quotes and arrange for the performance of such work, FURTHER, the Council does hereby appropriate and authorize the expenditure of a total sum not to exceed $15,000 00 from the Unexpended Fund Balance for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the selected contractor and to do all other things necessary or incidental to the full performance of this resolution On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #971-96 RESOLVED, that having considered a communication from the Mayor, dated September 19, 1996, to which is attached a proposed compensation schedule for members of City boards and commissions, the Council does hereby refer this matter to the Finance, Insurance and Budget Committee for its report and recommendation On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #972-96 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated September 25, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Goggan & Associates, Inc., 15783 U S 12, Union, Michigan 49130, for supplying the Fire Department with two medium-duty ambulances for the total price of$269,790 00, the same having been in fact the lowest bid received which meets all specifications, and the bids of Tristar Sales Corp and Mercy Sales & Service, Inc are hereby rejected for the reasons indicated in the attachment; FURTHER, the Council does hereby authorize the following 1 A budget adjustment to the 1995/1996 budget transferring $148,000 00 from Account #101-338-979-000 to the Capital Improvement Fund Account#401-000-979-000; 29820 2 An additional appropriation from the Unexpended Fund Balance of the Capital Improvement Fund (401) in the amount of $11,790 00; and 3 Upon delivery of the vehicles in 1997, the total amount of $269,790 00 shall be expended for this purpose ($110,000 00 to be expended from Account #101-338-979-000 and $159,790 00 from Account #401-000-979-000) Mayor Kirksey addressed the foregoing matter and indicated his support of the requested purchase Alan Brandemihl, 8950 Sunbury, also addressed this matter He stated he worked in the Fire Department for 18 years and that the requested equipment is not right for the job, and he requested this matter be sent to the Committee of the Whole for further discussion Mike Riesterer, President of the Livonia Fire Fighters Union, also addressed the foregoing matter He stated he would like to see further discussion about how these vehicles would be operated He was not opposed to the purchase per se, just concerned about services On a motion by Taylor, seconded by Vandersloot, and unanimously adopted, it was #973-96 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated September 25, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to bids received for two medium- duty ambulances, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation and a discussion as to the use of the vehicles On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was #974-96 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated September 27, 1996, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize an addition to the existing contract with Orchard, Hiltz & McCliment for the Geographic Information System, previously authorized in Council Resolution 927-95, in the amount of $73,150 00 for the additional items listed in the aforementioned report and recommendation, FURTHER, the Council does hereby appropriate and authorize such amount from the following accounts 29821 Account Number Amount $5 Million Water & Sewer Revenue Bond $30,000 00 Capital Projects (401) 401-000-986-060 13,150 00 Unexpended Fund Balance Refuse Fund 205-527-987-000 10,000 00 Major Road Fund 202-463-818-150 10,000 00 Local Road Fund 203-463-818-150 10,000 00 On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #975-96 RESOLVED, that having considered a communication from the City Planning Commission, dated September 24, 1996, which transmits its resolution 9-166-96, adopted on September 17, 1996, with regard to Petition 96-8-2-23, submitted by Bogart's Billiards Cafe requesting waiver use approval to utilize a Class C License in connection with an existing billiard hall facility located on the north side of Plymouth Road between Tech Center Drive and Sears Avenue in the Southeast 1/4 of Section 26, which property is zoned C-2, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation The petitioner, Laurence Wathen, addressed the foregoing matter On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #976-96 RESOLVED, that the Council does hereby request a report and recommendation from the Police Department with respect to the existing billiard hall located on the north side of Plymouth Road between Tech Center Drive and Sears Avenue in the Southeast 1/4 of Section 26 regarding incidents at this facility On a motion by Duggan, seconded by Taylor, and unanimously adopted, it was. #977-96 RESOLVED, that having considered a communication from the City Planning Commission, dated September 24, 1996, which transmits its resolution 9-167-96, adopted on September 17, 1996, with regard to Petition 96-8-2-24, submitted by TMP Associates, Inc., on behalf of St. Edith Parish, requesting waiver use approval to expand existing church and school facilities and to construct a new parish administrative office building on property located on the west side of Newburgh Road between Five Mile Road and Jamison Avenue in the Northeast 1/4 of Section 19, which property is zoned R1 and R6, the 29822 Council does hereby concur in the recommendation made by the City Planning Commission and Petition 96-8-2-24 is hereby approved and granted subject to the following conditions 1 That the Site Plan marked Sheet S1 1 dated August 15, 1996, prepared by TMP Associates, Inc , Architects, which is hereby approved, shall be adhered to, 2 That a fully developed landscape plan shall be submitted to the Planning Commission for approval within 30 days of the approval of this petition, and 3 That the Building Elevation Plans marked Al 1 and A3 1 dated August 15, 1996, prepared by TMP Associates, Inc , Architects, which are hereby approved, shall be adhered to Tom Kowalski, of TMP Associates, addressed the foregoing matter and introduced Sister Margaret and Deacon Kenny of St. Edith Parish On a motion by Taylor, seconded by Duggan, it was #978-96 RESOLVED, that having considered a communication from the Department of Law, dated September 24, 1996, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held Wednesday, October 23, 1996, at 7 00 p m for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Laura NAYS None The President declared the resolution adopted On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was #979-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 18, 1996, which sets forth its resolution 7-125-96, adopted on July 9, 1996, with regard to Petition 96-5- 1-11, submitted by the City Planning Commission, pursuant to Council Resolution 661-95, for a change of zoning of property located on the southwest corner of Seven Mile Road and Merriman Road in the 29823 Northeast 1/4 of Section 10, known as George's Livonia Gardens, from RUFC to C-1, and the Council having conducted a public hearing with regard to this matter on September 25, 1996, pursuant to Council Resolution 735-96, the Council does hereby concur in the recommendation of the Planning Commission and Petition 96-5-1-11 is hereby denied for the following reasons 1 That the proposed change of zoning would be detrimental to and not in harmony with the adjacent residential uses in the area, 2 That the proposed change of zoning would encourage other similar requests for change of zoning on adjacent properties, and 3 That the proposed change of zoning is contrary to the Future Land Use Plan designation on the subject property of"Low Density Residential" land use On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was: #980-96 RESOLVED, that the Council does hereby refer the subject of property located on the southwest corner of Seven Mile and Merriman Road, known as George's Livonia Gardens, to the Department of Law for its report and recommendation regarding the basis upon which the current use of this property (including the sale of products not grown on the site) would be considered a valid non-conforming use under the provisions of Zoning Ordinance No 543 and previous Zoning Ordinance No 60, said report to include not only this particular site, but also the question of non- conforming uses in the City in general, said report to be completed within 30 days. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was. #981-96 RESOLVED, that the Council does hereby refer the subject of whether an ordinance could be enacted to provide that properties being used for commercial purposes and zoned RUFC (such as George's Livonia Gardens or Glenda's Market) could be taxed in the same manner as properties located in C-1 zoning districts to the Department of Law and to the City Assessor for their respective reports and recommendations, said reports to be completed within 30 days On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was. 29824 #982-96 RESOLVED, that the Council does hereby refer the subject of the history of the use of the property located on the southwest corner of Seven Mile and Merriman Road in the Northeast 1/4 of Section 10, known as George's Livonia Gardens, the existing use and the determination of oir whether all current uses are considered valid non-conforming uses to the Inspection Department for its report and recommendation, said report to be completed within 30 days On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #983-96 RESOLVED, that having considered a communication from the City Planning Commission, dated July 18, 1996, which sets forth its resolution 7-126-96, adopted on July 9, 1996, with regard to Petition 96-5- 1-12, submitted by the City Planning Commission, pursuant to Council Resolution 661-95, for a change of zoning of property located on Seven Mile Road just west of Bicentennial Park in the Southeast 1/4 of Section 5, known as Glenda's Market, from RUFC to C-1, and the Council having conducted a public hearing with regard to this matter on September 25, 1996, pursuant to Council Resolution 735-96, the Council does hereby concur in the recommendation of the Planning Commission and Petition 96-5-1-12 is hereby denied for the following reasons 1 That the proposed change of zoning would constitute spot zoning in the area, 2 That the proposed change of zoning is incompatible to and not in harmony with the surrounding uses and zoning districts in the area, and 3 That the proposed change of zoning is contrary to the Future Land Use Plan designation on the subject property of"Recreation-Open Space " On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #984-96 RESOLVED, that the Council does hereby refer the subject of the property located on Seven Mile just west of Bicentennial Park, known as Glenda's Market, to the Department of Law for its report and recommendation regarding the basis upon which the current use of this property would be considered a valid non-conforming use (including the sale of products not grown on the site) under the provisions of Zoning Ordinance No 543 and previous Zoning Ordinance No 60, said report to be completed within 30 days 29825 On a motion by Feenstra, seconded by Duggan, and unanimously adopted, it was #985-96 RESOLVED, that the Council does hereby refer the subject of the history of the use of the property located on Seven Mile Road just west of Bicentennial Park in the Southeast 1/4 of Section 5, known as Glenda's Market, the existing use and the determination of whether all current uses are considered valid non-conforming uses to the Inspection Department for its report and recommendation, said report to be completed within 30 days On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #986-96 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 2 66 acres lying in the Southwest 1/4 of Section 29, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 63"; and WHEREAS, written notice has been given by certified mail to Allmand Associates, Inc. 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 63, 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 63, and WHEREAS, on October 2, 1996, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 63, at which time Allmand Associates, Inc. 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 Allmand Associates, Inc. attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, 29826 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 in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 63 " EXHIBIT A Lots 23, 24 and 25, Globe Industrial Subdivision, and Lots 13 and 14, Woodlands Village Subdivision, part of the S W 1/4 of Section 29, T 1 S , R. 9 E , Livonia, Wayne County, Michigan On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: #987-96 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Allmand Enterprises, Inc. a.k.a. Allmand Associates, Inc., dated August 28, 1996, covering new industrial facilities to be located within City of Livonia Industrial Development District No 63, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, the City Council has afforded Allmand Enterprises, Inc. a.k.a. Allmand Associates, Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 6 00 p m on Monday, October 14, 1996, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Allmand Enterprises, Inc. a.k.a. Allmand Associates, Inc., finds and determines (a) that the granting of this industrial 29827 facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P A. 1974, as amended. 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Allmand Enterprises, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 63, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facility exemption certificates. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #988-96 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Allmand Enterprises, Inc. a.k.a. Allmand Associates, Inc., dated August 28, 1996, covering new industrial facilities to be located within City of Livonia Industrial Development District No 6, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Allmand Enterprises, Inc. a.k.a. Allmand Associates, Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 6 00 p m. on Monday, October 14, 1996, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. 29828 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Allmand Enterprises, Inc. a.k.a. Allmand Associates, Inc., finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Allmand Enterprises, Inc. a.k.a Allmand Associates, Inc , covering new industrial facilities to be located within the City of Livonia Industrial Development District No 6, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facility exemption certificates On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was. #989-96 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Varity Kelsey-Hayes Company, dated August 9, 1996, covering new industrial facilities to be located within City of Livonia Industrial Development District No 46, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Varity Kelsey-Hayes Company, the Assessor, and a representative of each of the affected 29829 taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 8 00 p m on Wednesday, October 2, 1996, at the Livonia City Hall, 33000 Civic Center Drive, I. Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Varity Kelsey-Hayes Company, finds and determines' (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P A. 1974, as amended. 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Varity Kelsey-Hayes Company covering new industrial facilities to be located within the City of Livonia Industrial Development District No 46, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facility exemption certificates. On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was. #990-96 WHEREAS, the City Council has received an application dated August 22, 1996, for the transfer of an industrial facilities exemption certificate to Crucam, Inc./Kev, Inc. from Artisan Mold Corporation, covering industrial facilities located within the City of Livonia Industrial Development District No 34, and WHEREAS, the Council did previously in Council Resolution 625-86, adopted on June 25, 1986, approve an industrial facilities exemption certificate for Artisan Mold Corporation, for a period of 12 years, 29830 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Crucam, Inc./Kev, Inc., finds and determines a. That the approval of the transfer of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and b The applicant has fully complied with the requirements of Section 9, Act No 198, PA 1974, as amended 2 That the City Council hereby approves the above transfer of industrial facilities exemption certificate from Artisan Mold, covering industrial facilities to be located within the City of Livonia Industrial Development District No 34 3 Council Resolution 625-86, adopted on June 25, 1986, is hereby amended and revised to the extent necessary to be consistent with the action taken herein. On a motion by Feenstra, seconded by Brosnan, and unanimously adopted, it was. #991-96 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia; and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 14 93 acres lying in the South 1/2 of Section 30 (Parcel Nos 119-99-0018-001 and 119-99- 0019-001), more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 64"; and WHEREAS, written notice has been given by certified mail to First Industrial, L.P 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 64, and 29831 WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment ribir of the proposed City of Livonia Industrial Development District No 64, and WHEREAS, on October 2, 1996, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 64, at which time First Industrial, LP 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 First Industrial, LP attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, 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 in Exhibit A, attached hereto 2. Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 64 " EXHIBIT A Part of the S 1/2 of Section 30, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, being more particularly described as commencing at the E 1/4 corner of said Section 30; thence S 88°03'32" W , 2058 21 feet; thence S 01°54'24" E , 1670 63 feet to a point on the Northerly line of Plymouth Road (120 00 feet wide), thence along said Northerly line, N 76°30'44" W , 478 03 feet to the point of beginning; thence continuing along said Northerly line of Plymouth Road, N 76°30'44" W , 856 60 feet; thence N 01°56'25" W , 675 15 feet to a point on the Southerly line of the Chesapeake and Ohio Railroad right-of-way (50 00 feet wide), thence along said Southerly line, N 88°16'56" E., 830 13 feet; thence S 01°54'24" E , 899 82 feet to the point of beginning Containing 650,494 square feet or 14 93 acres Subject to easements and restrictions of record. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was. #992-96 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Elring Klinger of North America, Inc., dated August 28, 1996, covering new industrial facilities to 29832 be located within City of Livonia Industrial Development District No 62; and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Elring Klinger of North America, Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 6 00 p m on Monday, October 14, 1996, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Elring Klinger of North America, Inc., finds and determines. (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Elring Klinger of North America, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 62, for 12 years. 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facility exemption certificates 29833 On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was #993-96 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 2, 1996, on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on Monday, October 7, 1996, 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 improvement consisting of the installation of sidewalks in front of the properties along the south side of Eight Mile Road between Newburgh Road and Farmington Road, T 1S , R.9E., 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 improvement as set forth in said statement dated August 2, 1996, (4) determine that the estimated cost of such improvement is $15,704 54, (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 $5,238 07 and that the balance of said cost and expense of said public improvement amounting to $10,466 47 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 assessments made for such improvement may be paid in one (1) annual installment 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 29834 A Special Assessment District consisting of the south side of Eight Mile Road from Farmington to Newburgh Road, City of Livonia, Wayne County, Michigan, where sidewalks are missing, described as containing the property listed on the attached Special Assessment Roll and shown on the attached maps (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 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 as required by Section 3 08 110 of the said Code On a motion by Taylor, seconded by Duggan, and unanimously adopted, it was. #994-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 30, 1996, which is approved for submission by the Mayor, the Council does hereby authorize the Department of Law to stipulate to the entry of the attached Consent Judgment on Mediation Award in the Wayne County Circuit Court Case No 94-404165-CC providing for the taking of property located on the east side of Merriman Road between Plymouth and Schoolcraft, 12500 Merriman, BE IT FURTHER RESOLVED, that the Council does hereby appropriate the total sum of$1,000,000 00, in addition to $265,000 00 previously paid, as just compensation to the parties set forth below, inclusive of all attorney fees, interest and costs, FURTHER, the Council does hereby authorize the aforesaid sum of just compensation to be paid to Kurtis - Livonia Properties, Kurtis Manufacturing Co , d/b/a/Kurtis Kitchen and Bath Centers, and Mason, Steinhardt, Jacobs & Perlman, their attorneys, FURTHER, the Council does hereby authorize the aforesaid sums to be expended from the $12 Million General Obligation Road Improvement Bond Issue for this purpose, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution 29835 On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was #995-96 RESOLVED, that having considered the report and recommendation of the Department of Law, dated September 30, 1996, which is approved for submission by the Mayor, the Council does hereby authorize the Department of Law to stipulate to the entry of the attached Consent Judgment on Mediation Award in the Wayne County Circuit Court Case No 94-404165-CC providing for the taking of property located on the east side of Merriman Road between Plymouth and Schoolcraft, 12400 Merriman, BE IT FURTHER RESOLVED, that the Council does hereby appropriate the total sum of$100,000 00, in addition to $33,000 00 previously paid, as just compensation to the parties set forth below, inclusive of all attorney fees, interest and costs, FURTHER, the Council does hereby authorize the aforesaid sum of just compensation to be paid to Maro Precision Tool Company, Martin B Rothenberg and Elaine S Rothenberg, and Mason, Steinhardt, Jacobs & Perlman, their attorneys, FURTHER, the Council does hereby authorize the aforesaid sums to be expended from the $12 Million General Obligation Road Improvement Bond Issue for this purpose, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution There was no audience communication at the end of the meeting On a motion by Feenstra, seconded by Duggan, and unanimously adopted, this 1,330th Regular Meeting of the Council of the City of Livonia was adjourned at 9.22 p m , October 16, 1996 '1 7(0*(1/it 77/1Z McCotter, City Clerk imp