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HomeMy WebLinkAboutCOUNCIL MINUTES 1989-06-21 25081 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND FIFTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 21 , 1989, the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8.00 P.M Councilwoman McCotter 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: Harry Tatigian, City Attorney, Robert F Nash, City Clerk, Robert D. Bennett, Mayor, John Nagy, Planning Director, Gary Clark, Assistant City Engineer, Karen Szymula, Director of Legislative Affairs and Suzanne Wisler, Director of Community Resources. On a motion by Councilwoman McCotter, seconded by Councilman Taylor, and unanimously adopted, it was #579-89 RESOLVED, that the minutes of the 1 ,154th Regular Meeting of the Council of the City of Livonia, held June 7, 1989 are hereby approved On a motion by Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #580-89 RESOLVED, that the minutes of the 203rd Special Meeting of the Council of the City of Livonia, held June 19, 1989 are hereby approved. A communication from the City Attorney, dated June 8, 1989 re Robert M Skinner v City of Livonia, Wayne County Circuit Court Civil Action No. 89-903489-CZ was received and placed on file for the information of the Council . At the direction of the Chair, Item No 3 regarding the Award of Contract 1110 89-I Dutch Mill Gardens Subdivision Street Improvement and Item No. 5 regarding 25082 10 the Extension of the Contract with the Animal Shelter Service were removed from he Consent Agenda On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #581-89 RESOLVED, that having considered a communication from the City Planning Commission, dated May 23, 1989, which transmits its resolution 5-105-89, adopted on May 9, 1989, with regard to Petition 89-3-2-21 , submitted by Transmission Retailers, Inc , requesting waiver use approval to operate a transmission repair facility within the Jeffries Commerce Center located on the south side of Schoolcraft Road west of Inkster Road in the Northeast 1/4 of Section 25, which property is zoned M-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 89-3-2-21 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. #582-89 RESOLVED, that having considered a letter from Patti im McBride, 8905 Sunbury, Livonia, Michigan 48150, dated May 30, 1989, requesting permission to close Sunbury between Grandon and Dover, and Dover between Sunbury and Brentwood on Saturday, August 19, 1989 from 12 00 noon to 11 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action herein being made subject to the approval of the Police Department #583-89 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated May 24, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1 ) MDI 4031 Communications Controller with SPMR - Part Number ACCS-001 , and one (1 ) Long Rack Slide Kit, Part Number AMNT-013, from Mobile Data International , Inc , 11411 Number Five Road, Richmond, B C Canada V7A 4Z3, for a total price of $12,000 00, which sum includes shipping and insurance, further, the Council does hereby authorize the said purchase without competitive bidding in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #584-89 RESOLVED, that having considered a communication from the Director of Operations of the Livonia Public Schools, dated 10 May 24, 1989, wherein a request is made for the vacating of an easement for sanitary sewers located on Lots 211 , 212 and 213 of the Sunset Hills Subdivision in the East 1/2 of Section 11 , the Council does hereby refer this item to the City Planning 25083 L Commission for action and recommendation in accordance with provisions of law and City Ordinance A communication from the City Clerk, dated May 31 , 1989 re Schoolcraft College Millage for 1989 was received and placed on file for the information of the Council A communication from the City Clerk, dated May 31 , 1989 re Clarenceville School District Millage for 1989 was received and placed on file for the information of the Council A communication from the Chairman of the Traffic Commission, dated May 8, 1989 re CR 242-89, "No Parking" sign on Oxbow Street was received and placed on file for the information of the Council . #585-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 24, 1989, which bears the signature of the r4narcT Director and is approved for submission by the Mayor, with regard to the restoration of the area disturbed by storm sewer construction, which included the planting of 15 trees as requested by the Wayne County Parks Department by the City of Livonia Public Service Division for a total cost of $825.00, in connection with the Laurel and Pinetree S A D. 302, the Council does hereby determine as follows: 1 . To authorize an increase of the total project cost for S.A.D 302 by $825.00, said money to be paid for by the City from the Michigan Transportation Fund (Local Road Account) , and 2 To credit the Tree Fund Customer Deposit Account 762-000-285.010 in the amount of $825 00. #586-89 RESOLVED, that having considered a communication from the City Planning Commission, dated May 30, 1989, which sets forth its resolution 5-120-89, adopted on May 23, 1989, with regard to a request from Louis Ronayne for an extension of Petition 88-3-8-11 relative to site plan approval for a proposal to construct a multi-family condominium development on the north side of Joy Road between Newburgh and Stonehouse in the Southeast 1/4 of Section 31 , the Council does hereby concur in the recommendation of the Planning Commission and grant the requested extension for a one year period, subject to compliance with all of the conditions set forth in the original site plan approval 25084 #587-89 RESOLVED, that having considered a communication from the City Planning Commission, dated May 30, 1989, which transmits its resolution 5-118-89, adopted on May 23, 1989, with regard to Petition 89-5-8-22, submitted by Stella Construction, requesting site plan approval in connection with a proposal to build a multi-family housing development on the northeast corner of Clarita and Melvin in the Northeast 1/4 of Section 11 , pursuant to the provisions set forth in Section 8 02 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 89-5-8-22 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 #588-89 RESOLVED, that having considered the report and recommendation of the Department of Law, dated June 1 , 1989, and submitted pursuant to CR 967-88 in connection with a letter from Dean Hanafi , True Comfort Inc , 2853 Kipling Dr. , Sterling Heights, Michigan 48310, wherein an interest is indicated for the purchase of certain City-owned property located on Joy Road, west of Deering, for the purchase price in the amount of $8,000 00, the Council does hereby determine to take no further action with respect to this item #589-89 RESOLVED, that having considered a letter from Mrs. John R Sanchez, 15384 Williams Street, Livonia, Michigan 48154, dated June 6, 1989, to which is attached a petition bearing certain signatures of residents on Williams Street, requesting permission to close Williams Street between Five Mile and Roycroft on Saturday, July 8, 1989 from 4 00 p m. to 10 00 p.m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, July 15, 1989, in the event of inclement weather, the action herein being made subject to the approval of the Police Department #590-89 RESOLVED, that having considered a communication from the Historical Commission, dated June 8, 1989, approved by the Finance Director and approved for submission by the Mayor, wherein it is requested that an admission fee of $1 00 be established for adults with children under 12 being admitted free, in connection with the seventh Antique Auto Show at Greenmead on Sunday, July 16, 1989, the Council does hereby grant and approve this request in the manner and form herein submitted. #591-89 RESOLVED, that having considered a communication dated June 2, 1989 from Daniel G Wyllie, for Amoco Oil Company, which in accordance with the provisions of Section 19 08 of Ordinance No 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on May 23, 1989 by the 25085 lie City Planning Commission in its resolution 5-116-89, adopted on May 23, 1989, with regard to Petition 89-5-8-20, submitted by Amoco Oil Company, requesting approval of all plans required by Section 18.47 for a proposal to replace an existing service station with a new self-serve pumper and canopies located on the southwest corner of Farmington and Eight Mile Road in the Northeast 1/4 of Section 4, the Council does hereby designate Monday, August 7, 1989 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 No 543, as amended, the Zoning Ordinance of the City of Livonia A roll call vote was taken on the foregoing resolutions with the following results. AYES McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop and Feenstra NAYS None 110. On a motion by Councilwoman Toy, seconded by Councilman Ochala, was #592-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 6, 1989, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which submits bids received with respect to the Dutch Mill Gardens Subdivision street improvement project, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result. AYES Ochala, Jurcisin, Toy and Feenstra NAYS• McCotter, Taylor and Bishop The President declared the resolution duly adopted On a motion by Councilman Bishop, seconded by Councilman Taylor, nd unanimously adopted, it was 25086 lip #593-89 RESOLVED, that the Council does hereby request that the Capital Improvement Committee take expeditious action with respect to the foregoing resolution, and the Engineering Department is hereby requested to report and recommend on the impact that the referral action may have with respect to the proposed Dutch Mill Gardens Subdivision street improvement project and the requirement, if any, for giving notice to homeowners of such action On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted, it was #594-89 RESOLVED, that having considered the reports and recommendations of the Director of Public Works, dated June 6, 1989 and June 13, 1989, approved by the Director of Finance and approved for submission by the Mayor with regard to the proposed two-year extension of the current contract between the City of Livonia and the Michigan Humane Society for animal shelter service, the Council does hereby authorize a ninety-day extension of the agreement, further, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation IL. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 88-9-3- 4) A roll call vote was taken on the foregoing resolution with the following result AYES McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop and Feenstra. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilwoman McCotter gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 230 OF TITLE 5, CHAPTER 84 (TAXICABS) OF THE LIVONIA Lim CODE OF ORDINANCES, AS AMENDED 25087 ImiThe 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. Councilman Taylor gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 89-1-3-1 ) 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 Councilman Bishop, seconded b, Cx.11-fman Toy, L, and unanimously adopted, it was #595-89 RESOLVED, that having considered a communication from the City Planning Commission, dated May 30, 1989, which transmits its resolution 5-111-89, adopted on May 23, 1989, with regard to Petition 89-4-2-28, submitted by Bill Ferminos, requesting waiver use approval to operate an automobile collision repair shop within an existing building located on the west side of Stark Road between the C & 0 Railroad and Capitol Road in the Southeast 1/4 of Section 28, which property is zoned M-1 , the Council does hereby concur in the recommendation made by the Planning Commission and Petition 89-4-2-28 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission, as well as the additional condition that the protective wall shall be constructed of masonry concrete material in accordance with the requirements of the Livonia Zoning Ordinance, the same to be completed no later than 90 days from the approval herein granted. On a motion by Councilman Ochala, seconded by Councilman Jurcisin, and unanimously adopted, it was #596-89 RESOLVED, that having considered the report and Imo recommendation of the Historic Preservation Commission and 25088 the Director of Community Resources, dated June 5, 1989, approved by the Finance Director and approved for submission by the Mayor, � the Council does hereby authorize Professional Fence Services, P.O, Box 1 , Livonia, Michigan 48152, to restore and replace the Clarenceville Cemetery Fence for a sum not to exceed $46,656 00, $46,121 '00 of which is hereby appropriated and authorized to be expended from the Unexpended Fund Balance Account and $535.00 is hereby appropriated and authorized to be expended from the Historical Commission Trust Fund (donated from Spree and Project Concern) for this purpose, 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 On a motion by Councilwoman McCotter, seconded by Councilman Taylor, and unanimously adopted, it was 1597-89 RESOLVED, that having considered a communication from the City Council , dated June 1 , 1989, to which is attached a letter from the Director of Finance for the Livonia Public Schools, dated May 31 , 1989, which transmits its resolution wherein the Livonia Public Schools School District did gstablizt the tax rate for the 1989-90 school year, the Council does hereby determine to receive and place this item on file for the information of the Council . On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was #598-89 RESOLVED, that having considered a communication from the City Council , dated June 1 , 1989, to which is attached a letter from the Director of Finance for the Livonia Public Schools, dated May 31 , 7989, which transmits its resolution wherein the Livonia Public Schools School District did establish the tax rate for the 1989-00 school year, the Council does hereby refer this item to the Livonia City Council/School Liaison Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES Ochala, Jurcisin, Toy and Feenstra. NAYS McCotter, Taylor and Bishop. The President declared the resolution adopted On a motion by Councilman Jurcisin, seconded by Councilman Ochala, Lt was 25089 #599-89 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated April 20, 1989, and a report from the Chief of Police, dated May 25, 1989, in connection therewith, with respect to a request from Meadowdale Foods, Inc , for the transfer of ownership of a 1987 SDD license (in escrow) from Richard P George, and to transfer location of the 1987 SDD license (in escrow) from 38675 Ann Arbor Road, Livonia, Michigan 48150, Wayne County, to 33423 Eight Mile Road, Livonia, Michigan 48152, 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 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 A roll call vote was taken on the foregoing resolution with the following result AYES McCotter, Taylor, Ochala, Jurcisin, Toy and Feenstra NAYS Bishop The President declared the resolution adopted On a motion by Councilman Ochala, seconded by Councilman Taylor, it was #600-89 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 19, 1989, approved for submission by the Mayor, with regard to the development on the northwest corner of Five Mile and Levan Roads and a request from the Wayne County Department of Public Services that the City take jurisdiction and control of a section of 4-inch storm sewer to be constructed by the owners of the said development at their expense, within the Five Mile Road right-of-way, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) of the City' s willingness to accept jurisdiction and maintenance of a 4-inch storm sewer (approximately 30 1 f ) connection to the Five Mile Road Storm Drain within the Five Mile Road Right-of-Way in connection with the development of the video store located on the north side of Five Mile Road in the S W. 1/4 of Section 17 (in this connection, Engineering L Department has received the attached letter from the owners indicating their willingness to reimburse the I 25090 City for any such maintenance that may become necessary) , and 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction A roll call vote was taken on the foregoing resolution with the following result• AYES McCotter, Taylor, Ochala and Feenstra NAYS Jurcisin, Toy and Bishop The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilwoman McCotter, and unanimously adopted, it was #601-89 RESOLVED, that having considered a communication from the City Planning Commission, dated May 22, 1989, which transmits its resolution 5-94-89, adopted on May 9, 1989, with regard to Petition 89-3-2-22, submitted by L '.is Rnnayne, requesting waiver use approval to establish a landscape contractor' s yard and recreational vehicle storage facility on property located on the west side of Farmington Road between Schoolcraft Road and the C & 0 Railroad in the Northeast 1/4 of Section 28, which property is zoned M-1 , the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 89-3-2-22 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission On a motion by Councilwoman Toy, seconded by Councilman Taylor, it was #602-89 RESOLVED, that having considered a communication from the City Planning Commission, dated May 30, 1989, which transmits its resolution 5-119-89, adopted on May 23, 1989, with regard to Petition 89-5-8-23, submitted by McBell Management, requesting site plan approval in connection with a proposal to construct a multi-family housing development located on the south side of Plymouth Road just east of Jarvis in the Southeast 1/4 of Section 30, pursuant to the provisions set forth in Section 8 02 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 89-5-8-23 is hereby approved and granted, such approval lbw to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission 25091 IA roll call vote was taken on the foregoing resolution with the following result AYES McCotter, Jurcisin, Toy, Bishop, McCotter and Feenstra. NAYS Ochala The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, and unanimously adopted, it was 1603-89 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated February 28, 1989 with regard to an application from Cooker Restaurant Corporation for a new full year Class C license to be located at 38703 Seven Mile Road, Livonia, Michigan, Wayne County, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request "above all others" , and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was #604-89 RESOLVED, that having considered a communication from the Department of Law, dated May 31 , 1989, approved by the Superintendent of Parks and Recreation and the Finance Director and approved for submission by the Mayor, submitted pursuant to Council Resolution 264-89, and to which is attached a proposed Sublease Agreement between the City of Livonia and Bobby' s Country House, Inc , a Michigan Corporation, 35780 Five Mile Road, Livonia, Michigan 48154, for a term of five years commencing June 1 , 1989, as well as a proposed Agreement of Sale for certain personal property currently owned by the City and located within the Clubhouse of the Idyl Wyld Golf Course, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said Sublease Agreement and the Agreement of Sale, as well as to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was 25092 #605-89 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 23, 1989 on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a public hearing having been held thereon on June 5, 1989, 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 proposed extension of 900 ft of paving and utilities along Industrial Road in the North 1/2 of Section 27 and the extension of Hubbard Road to South of Schoolcraft Road, in the North 1/2 of Section 27, 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 zet forth in said statement dated March 23, 1989, (4) determine that the estimated cost of such improvement is $446,110 28, (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 $45,761 28 and that the balance of said cost and expense of said public improvement amounting to $400,349 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 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, 160 A special assessment district in the N 1/2 of Section 27 ?rr(\3 I lo The North 1/2 of Section 27, T.1S. ,R.9E. , City of Livonia, Wayne County, Michigan, described as beginning at point distant S. 0°17' E. , 248 feet along the North and South 1/4 line of Section 27 from the North 1/4 corner of Section 27 to the point of beginning; thence East 743 feet along the South line of Schoolcraft Road; thence South 289.6 feet; thence East, 100 feet; thence North 289 6 feet; thence East, 100 feet along the South line of Schoolcraft Road; thence S. 02°04'47" E., 1072 feet to the S.W. corner of Lot 12, Livonia Executive Park Subdivision No. 1, (Liber , Pages , Wayne County Records); thence S. 88°11'42" W. , 800 feet; thence S. 0°6'20" W. , 792.6 feet to the North line of Glendale Avenue; thence N. 89°12'30" W. , 1475 12 feet along the North line of Glendale Avenue; thence North 1288 feet along the East subdivision line (as extended) of Glendale Industrial Subdivision (Liber 93, Pages 15, 16, Wayne County Records) and Simon-Ash Industrial Subdivision (Liber 96, Pages 3, 4, 5, Wayne County Records) to the South subdivision line of Schoolcraft Acres Subdivision, (Liber 68, Page 44, Wayne County Records);thence East 880 feet along said South subdivision line to the Southwest corner of Lot 30 of said Schoolcraft Acres Subdivision; thence N. 0°17' W. , 577 feet along the West line of said Lot 30 to the south line of Schoolcraft Road; thence East 443.7 feet along the South line of Schoolcraft Road to the point of beginning (9) that the City Assessor is hereby directed to prepare Iiira 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 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 Councilwoman McCotter, seconded by Councilwoman Toy, lbwld unanimously adopted, it was 1 25094 Imm #606-89 RESOLVED, that the Council does hereby request that the Mayor submit his report and recommendation with regard to possible future uses and/or long range plans for the City' s landfill reclamation site On a motion by Councilman Taylor, seconded by Councilman Jurcisin, it was WHEREAS, the• City Clerk has received an Application for Industrial Facilities Exemption Certificate from Hydra-Flex, Inc , dated April 6, 1989, covering new industrial facilities to be located within City of Livonia Industrial Development District No 44, 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 Hydra-Flex, Inc , the Assessor, and a representative of each of the affected taxing Itar units an opportunity for a hearing on this Application and said hearing having in fact been conducted on June 5, 1989 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, Hydra-Flex, 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 Hydra-Flex, Inc covering new industrial facilities to be located within the City of Livonia Industrial Development District No 44, for 12 years. 25095 On a motion by Councilwoman Toy, seconded by Councilwoman McCotter, limit was RESOLVED, that paragraph 2 in the foregoing resolution be amended so as to provide an exemption for eight (8) years in lieu of twelve (12) years The motion was withdrawn A roll call vote was taken on the original resolution with the following result• AYES Taylor, Jurcisin and Bishop NAYS McCotter, Ochala, Toy and Feenstra The President declared the resolution denied On a motion by Councilman Taylor, seconded by Councilman Jurcisin, it was WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Hydra-Flex, Inc. , dated April 6, 1989, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 44, 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 Hydra-Flex, 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 on June 5, 1989 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, Hydra-Flex, Inc. , finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the imm effect of substantially impeding the operation of the local governmental unit or impairing the financial 25096 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 Hydra-Flex, Inc covering new industrial facilities to be located within the City of Livonia Industrial Development District No 44, for 10 years A roll call vote was taken on the foregoing resolution with the following result• AYES Taylor, Jurcisin and Bishop NAYS McCotter, Ochala, Toy and Feenstra The President declared the resolution denied On a motion by Councilman Taylor, seconded by Councilman Jurcisin, it was #607-89 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Hydra-Flex, Inc , dated April 6, 1989, covering new industrial facilities to be located within City of Livonia Industrial Development District No. 44, 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 Hydra-Flex, 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 on June 5, 1989 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, Hydra-Flex, 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 25097 local governmental unit or impairing the financial 16 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 Hydra-Flex, Inc covering new industrial facilities to be located within the City of Livonia Industrial Development District No 44, for 8 years A roll call vote was taken on the foregoing resolution with the following result AYES McCotter, Taylor, Jurcisin, Toy, Bishop and Feenstra NAYS Ochala The President declared the resolution approved On a motion by Councilman Bishop, seconded by Councilwoman McCotter, it was RESOLVED, that having considered a communication from the City Planning Commission, dated April 24, 1989, which sets forth its resolution 4-74-89, adopted on April 18, 1989, with regard to Petition 89-2-2-12, submitted by Northridge Commons Associates, requesting waiver use approval to construct and operate an Arby' s Restaurant on property located on the south side of Eight Mile Road west of Farmington Road in the Northeast 1/4 of Section 4, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on June 14, 1989, pursuant to Council Resolution 429-89, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was RESOLVED, that the Council does hereby determine, in lieu of the foregoing resolution, to substitute a motion to deny Petition 89-2-2-12, submitted by Northridge Commons Associates, requesting waiver use approval to construct and operate an Arby' s Restaurant on property located on the south side of Eight Mile Road west of Farmington Road in the Northeast lbw 1/4 of Section 4 25098 4 roll call vote was taken on the motion to substitute with the following result AYES Ochala, Toy and Feenstra NAYS McCotter, Taylor, Jurcisin and Bishop The President declared the resolution to substitute denied A roll call vote was taken on the original resolution with the following result• #608-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 24, 1989, which sets forth its resolution 4-74-89, adopted on April 18, 1989, with regard to Petition 89-2-2-12, submitted by Northridge Commons Associates, requesting waiver use approval to construct and operate an Arby's Restaurant on property located on the south side of Eight Mile Road west of Farmington Road in the Northeast 1/4 of Section 4, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on June 14, 1989, pursuant to Council Resolution 429-89, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation AYES McCotter, Taylor, Jurcisin, Bishop and Feenstra NAYS Ochala and Toy The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Bishop, it was #609-89 RESOLVED, that having considered a communication from the Department of Law, dated June 1 , 1989, submitted pursuant to Council Resolution 273-89, transmitting for Council acceptance a quit claim deed dated May 24, 1989, executed by John C. Munro, survivor of himself and Cecile K Munro, his deceased 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 distant due West along the North section line 1227 82 feet and South 0° 11 ' West 663 79 ft from the North 1/4 corner of Section 14 and proceeding thence South 0° 11 ' West 603 79 ft , thence South 89° 15' West 240 30 ft , thence North 0° 11 ' East Iwo 603 79 ft , thence North 89° 15' East 240. 30 feet to the point of beginning. (Munger Road right-of-way) 25099 Tax Parcel 46-054-99-0011-000 1110 the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid quit claim 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 to have this property removed from the tax rolls and to show the same as City-owned and tax exempt A roll call vote was taken on th foregoing resolution with the following result: AYES McCotter, Taylor, Ochala, Jurcisin, Bishop and Feenstra. NAYS Toy. The President declared the resolution adopted. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #610-89 RESOLVED, that having considered a communication from the Director of Community Resources, dated June 1 , 1989, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept cash donations from individual sources indicated in a grand total sum of $2,394.13, the said amount to be appropriated to and deposited in Account 702-000-285-216 for use in the Senior Citizen programs. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #611-89 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Councilwoman McCotter, seconded by Councilman Taylor, and unanimously adopted, it was #612-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 28, 1989, which sets forth its resolution 4-76-89, adopted on April 18, 1989, with regard to Petition 89-2-2-16, submitted by Meadowdale Foods, Inc. , requesting waiver use approval to utilize SOD and SDM 25100 licenses in conjunction with a new Great Scott Supermarket located within the Livonia Plaza Shopping Center on the south side of Five Mile Road between Bainbridge Avenue and Henry Ruff Road in the Northwest 1/4 of Section 23, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on June 19, 1989, pursuant to Council Resolution 430-89, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 89-2-2-16 is hereby denied with respect to the SDD only, for the same reasons as those set forth in the action taken by the Planning Commission On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was 1613-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 1989, which transmits its resolution 4-87-89, adopted on April 18, 1989, with regard to Petition 89-4-8-15, submitted by the National Bank of Detroit, requesting site plan approval in connection with a proposal to construct a branch bank in Laurel Park located on the northwest corner of Newburgh aiiu SI,. Mile in Section 7, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, and the Council having conducted Ibm a public hearing with regard to this matter on June 19, 1989, pursuant to Council Resolution 431-89, the Council does hereby reject the recommendation of the Planning Commission and Petition 89-4-8-15 is hereby approved and granted A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Ochala, Jurcisin, Toy, Bishop and Feenstra. NAYS McCotter The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #614-89 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 1989, which sets forth its resolution 4-58-89, adopted on April 4, 1989, with regard to Petition 89-2-6-3, submitted by the City Planning Commission to determine whether or not to amend Zoning Ordinance 543 by the addition of a new Article which will provide for isw the preservation of certain designated areas of the City as "Nature Preserves", and the Council having conducted a public 25101 hearing with regard to this matter on June 19, 1989, pursuant to Council Resolution 432-89, the Council does hereby concur in the recommendation of the Planning Commission and the said Igo Petition 89-2-6-3 is hereby approved and granted, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #615-89 RESOLVED, that having considered a letter from the Michigan Municipal League, dated June 15, 1989, with regard to the 91st Annual Convention of the League to be held at Northern Michigan University in Marquette, Michigan, October 5 through 7, 1989, the Council does hereby designate Mayor Robert D. Bennett as the Official Representative and Voting Delegate of the City of Livonia at the Annual Meeting and does further designate Councilwoman Laura M Toy or her designee as Alternate, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Councilman Bishop, seconded by Councilwoman Toy, Land unanimously adopted, it was #616-89 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 7, 1989 at 7 00 P M at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 89-4-1-9, submitted by Angelo D'Orazio for a change of zoning of property located South of Eight Mile Road and West of Newburgh Road in the Northeast 1/4 of Section 6 from RUFC to R-7 (Rural Urban Farm - One Family Residential to Multiple Family Residential ) , the City Planning Commission in its resolution 6-137-89 having recommended to the City Council that Petition 89-4-1-9 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 Imo of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, 25102 1 first to be published in the official newspaper of the City limor 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 On a motion by Councilman Ochala, seconded by Councilwoman McCotter, and unanimously adopted, this 1 ,155th Regular Meeting of the Council of the City of Livonia was adjourned at 9 00 P P1 , June 21, 1989 R ert F Nash, City Clerk