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HomeMy WebLinkAboutCOUNCIL MINUTES 1999-10-13 31904 MINUTES OF THE ONE THOUSAND FOUR HUNDRED AND SECOND REGULAR MEETING OF OCTOBER 13, 1999 On October 13, 1999, 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 Walsh delivered the invocation Roll was called with the following result: John J Walsh, Val I Vandersloot, John R. Pastor, Brian Duggan, Joe Laura, Maureen Miller Brosnan and Jack Engebretson. Absent: None Elected and appointed officials present: Jack E. Kirksey, Mayor; Joan McCotter, City Clerk, Robert Beckley, Director of Public Works, Jack Fegan, Director of Building Inspection, Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Jim Inglis, Housing Director; Robert Schron, City Engineer; Jeff Bryant, Economic Development Manager; Ron Reinke, Superintendent of Parks & Recreation, Jeanne Treff, Administrative Assistant— Cable, Karen Szymula, Director of Legislative Affairs On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #688-99 RESOLVED, that the minutes of the 1,401st Regular Meeting of the Council held September 29, 1999 are hereby approved as submitted During audience communication, Mayor Jack E Kirksey requested the Council to give support to his opposition of House Bills 4927 through 4932 that would require civil fines imposed by local law enforcement for motor carrier violations to be paid to the County Treasurer for County Libraries 31905 On a motion by Pastor, seconded by Walsh, and unanimously adopted, it was #689-99 WHEREAS, local law enforcement agencies are responsible for enforcing laws dealing with safety of motor vehicles and truck weights, and WHEREAS, House Bills 4927 through 4932 require that civil fines imposed by local authority law enforcement agencies for motor carrier violations be paid to the County Treasurer for county libraries, and WHEREAS, House Bills 4927 through 4932 may result in local law enforcement agencies being unable to enforce safety and weight laws, and WHEREAS, House Bills 4927 through 4932 undermine local control and home rule, and WHEREAS, House Bills 4927 through 4932 could lead to further deterioration and damage to Michigan's roads if weight laws are not enforced, and WHEREAS, House Bills 4927 through 4932 could place the motoring public at a greater safety risk if unsafe vehicles are allowed to continue operating NOW, THEREFORE, BE IT RESOLVED, that the City Council join the Mayor of the City of Livonia in urging our elected representatives to oppose the above-mentioned legislation, BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor John Engler, State Senator Thaddeus McCotter, State Representative Laura M Toy, State Representative Gerald Law, the Michigan Municipal League State and Federal Affairs Division, and the Conference of Western Wayne A communication from the Engineering Division, dated October 11, 1999, re the status of the Rosdale Gardens Paving Project was received and placed on file for the information of the Council (CR 575-99) A communication from the Department of Finance, dated September 24, 1999, re the forwarding of various financial statements of the City of Livonia for the 31906 month ending August 31, 1999, was received and placed on file for the information of the Council At the direction of the Chair, Items 10 and 15 were removed from the Consent portion of the Agenda On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #690-99 RESOLVED, that having considered a letter from !mad M George, M D , 28000 Joy Road, Livonia, Michigan 48150, dated August 4, 1999, wherein a request is made to purchase certain City-owned property located adjacent to his medical clinic at 28024 Joy Road (Sidwell #144-01- 0057-000), the Council does hereby refer this matter to the Department of Law for its report and recommendation #691-99 RESOLVED, that having considered a letter from Gail Silvernail, Publicity Chairperson of the Clarenceville Athletic Booster Club, received in the Office of the City Clerk on September 23, 1999, and a subsequent letter received on September 29, 1999, requesting permission to display wire signs announcing the Holiday Boutique to be held by the Clarenceville Athletic Booster Club on Saturday, November 13, 1999, which signs are to be 16" x 20" in size and which will be displayed at all major intersections in the City from November 1, 1999, through November 14, 1999, the Council does hereby grant and approve this request in the manner and form herein submitted #692-99 RESOLVED, that having considered a letter from Diana Giordano, Vice President of P T G and Bob Modes, Co-Chair, St. Edith School, dated September 27, 1999, and a subsequent letter from Diana Giordano dated October 1, 1999, requesting permission to place signs announcing their fall craft show to be conducted on Saturday, November 13, 1999, which signs are to be 22" x 30" in size and which will be displayed from November 7, 1999, through November 14, 1999, at the following intersections Ann Arbor Road and Newburgh Plymouth Road and Newburgh Schoolcraft and Newburgh Five Mile and Newburgh Six Mile and Newburgh Seven Mile and Newburgh Eight Mile and Newburgh Joy Road and Newburgh 31907 Levan and Schoolcraft Six Mile and Farmington Six Mile and Merriman Five Mile and Levan Five Mile and Farmington Levan and Plymouth Haggerty and Five Mile (east side of Haggerty) Haggerty and Six Mile (east side of Haggerty) Five Mile and Merriman Five Mile and Middlebelt Five Mile and Inkster the Council does hereby approve and grant this request in the manner and form herein submitted #693-99 RESOLVED, that having considered Petition 99-9-3-2 submitted by Michael Kosmowski, dated September 27, 1999, wherein a request is submitted for the vacating of a six foot easement inside the north property line of his property located at 9991 Clements Circle East, the Council does hereby refer this matter to the City Engineer for a report and recommendation A communication from the office of the City Clerk, dated September 24, 1999 re the collection of Wayne County Transit Authority Taxes for 1999 was received and placed on file for the information of the Council #694-99 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 24, 1999, approved for submission by the Mayor, with regard to quotes received for Life Insurance and Accidental Death and Disability coverage as set forth in the list and tabulation attached to the aforesaid communication, the Council does hereby accept the quoted price of Reliastar Life Insurance Company, P 0 Box 20, Route 7812, Minneapolis, Minnesota 55440, to provide Life Insurance at the rate of $ 18 per $1,000 payroll per month and Accidental Death and Disability Insurance at the rate of$ 02 per $1,000 payroll per month, the same having been in fact the lowest quotes received, FURTHER, the Council does hereby authorize an Agreement between the City of Livonia and Reliastar Life Insurance Company to buy Life Insurance and Accidental Death and Disability Insurance coverage at these rates for a three year period effective October 1, 1999, 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 31908 #695-99 RESOLVED, that having considered the report and recommendation of the Housing Director, dated September 17, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein the Housing Commission has recommended the following rental increases to become effective December 1, 1999, with respect to the City-owned scattered site properties as follows Current Proposed 2 Bedroom $255 $275 29149 Morlock 20121 Floral 27545 Long 11683 Cardwell 3 Bedroom $340 $360 11910 Cardwell 21411 Arcola 31220 Hathaway 19941 Deering 9880 Harrison 11784 Arcola 33916 Five Mile + •• 4 Bedroom $405 $425 20120 Deering The above rents exclude utilities The Council does hereby concur in and approve of the recommended action #696-99 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated September 15, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Gametime, in care of Continental Leisure Sales, P 0 Box 1409, 348 South Waverly, Holland, Michigan 49423, for supplying the Department of Parks and Recreation with two fitness clusters to be located at Rotary Park and Bicentennial Park for the total amount of $29,240 00, the same having been in fact the lowest bid received, and meets all specifications A communication from the Department of Parks and Recreation, dated September 16, 1999, re request to accept Master Recreation and Parks Plan, was received and placed on file for the information of the Council 31909 #697-99 RESOLVED, that having considered the report and recommendation from the Superintendent of Parks and Recreation, dated September 16, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which sets forth Parks and Recreation Commission Resolutions 2454-98 and 2487-99, wherein it is recommended that the Council accept the attached Master Recreation and Parks Plan prepared by the Parks and Recreation Department and the Planning Department, the Council does hereby accept and approve of the said plan in the manner and form herein submitted #698-99 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 25, 1998, and a report and recommendation of the Chief of Police, dated September 22, 1999, in connection therewith, the Council does hereby recommend denial of the request from Rite-Aid of Michigan, Inc. to transfer ownership of a 1996 SDM license (in escrow) from Apex Drug Stores, Inc and to transfer location from 29350 Plymouth Road to 27401 Six Mile Road, Livonia, Michigan 48154, Wayne County, based upon the fact that the applicant's request for a waiver use for this purpose, pursuant to Sections 11 03 and 19 06 of Livonia Zoning Ordinance No 543, as amended, was denied by the City Council at the Regular Meeting of August 30, 1999 pursuant to Council Resolution 624-99, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control it Commission #699-99 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated September 15, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Tri-County Tree Expert Company, P 0 Box 335, Romeo, Michigan 48065, for completing all work required in connection with the City's fall 1999 Municipal Tree Trimming Program for the estimated cost of$59,082 00 for Area #1 and $54,567 50 for Area #2, for a total amount of$113,649 50, based upon the Public Service Division's estimate of units involved, and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received, 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 #700-99 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Director of Public 31910 Works, dated September 24, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of C Davis Roofing, Inc., 6539 Burroughs, Sterling Heights, Michigan 48314, for completing all work required in connection with the Department of Public Works Equipment Maintenance Garage re-roofing project in the total amount of$67,500 00, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $67,500 00 from Account No 101-447-975-000 (Building Maintenance Section) 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 things necessary or incidental to the full performance of this resolution A communication from Public Service Division, dated October 8, 1999, re the purchase of eleven emergency generators, was received and placed on file for the information of the Council #701-99 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated September 17, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quote of Sears, Roebuck and Co , 35000 Wayne Road, Westland, Michigan 48185, for supplying the Police Department and Public Service Division with eleven (11) Generac 32718 generators at the unit price of$1,709 99, for a total amount of $18,809 89, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of$18,809 89 as follows $1,709 99 for one (1) Sears Generator for the DPW fueling facility from Account No 101-446-766-000 (Equipment Maintenance Supplies) and $17,099 90 for ten (10) Sears generators for priority traffic signal locations from Account No 202-475-786-000 (Traffic Signal Control Supplies), FURTHER, the Council does hereby determine to authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D1 of the Livonia Code of Ordinances, as amended #702-99 RESOLVED, that having considered a communication from the City Planning Commission, dated September 22, 1999, which transmits its resolution 9-162-99 adopted on September 21, 1999, with regard to Petition 99-8-8-22, submitted by Darin & Associates, Inc. on behalf of Disabled American Veterans, Chapter 114, requesting site plan 31911 approval in connection with a proposal to construct an addition onto an existing building on property located at 30905 Plymouth Road in the Northwest 1/4 of Section 35, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 99-8-8- 22 is hereby approved and granted, subject to the following conditions. 1 That the Exterior Building Elevation Plan marked Sheet A-4 by Makas Associates, Inc., as received by the Planning Commission on August 20, 1999, is hereby approved and shall be adhered to, 2 That the building materials of the new addition shall match that of the existing building, so that once completed the entire structure shall look as if it were constructed at one time, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That within the next thirty (30) days, one of the following shall take place concerning the south property line - that the required protective wall shall be erected, or - that a fully detailed Landscape Plan defining a greenbelt area shall be submitted for the review and approval of the Planning Commission, 5 That no signs, either freestanding or wall mounted, are approved with this petition #703-99 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Wednesday, November 17, 1999, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 99-6-1-10, submitted by T Rogvoy Associates, on behalf of Millennium Park, for a change of zoning of property located on the south side of Schoolcraft Road, east of Middlebelt Road in the North 1/2 of Section 25, from M-2 to C-2, the City Planning Commission in its resolution 9-161-99 having recommended to the City Council that Petition 99-6-1-10 be approved, and 31912 L. (2) Petition 99-8-1-12, submitted by Bill Brown Ford, for a change of zoning of property located on the north side of Plymouth Road, east of Sears Drive between Middlebelt and Merriman Roads, in the Southeast 1/4 of Section 26, from M-1 to C-2, the City Planning Commission in its resolution 9-158-99 having recommended to the City Council that Petition 99-8-1-12 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by 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: AYES Walsh, Vandersloot, Pastor, Duggan, Laura, Brosnan and Engebretson NAYS None On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #704-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated September 28, 1999, approved for submission by the Mayor, regarding the paving of Henry Ruff Road between Five Mile Road and Lyndon, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its report and recommendation A communication from the Department of Public Service, dated October 12, 1999, re the paving of Henry Ruff between Five Mile Road and Lyndon, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Brosnan, and unanimously 31913 adopted, it was #705-99 RESOLVED, that Zef Ivezaj, 18440 Van Road, Livonia, Michigan 48152, as proprietor, having requested the City Council to approve the proposed Master Deed of the Gruda Site Condominium Development in the Northeast 1/4 of Section 14 of the City of Livonia (hereafter the "Condominium"), and it further appearing that approval of the site plan for the Condominium was given by the City Planning Commission on November 25, 1997, and by the City Council on April 8, 1998, and it further appearing that such site plan, together with Development Plans and specifications for improvements have been examined and approved by the Department of Public Works as set forth in the report of that Department, dated September 17, 1999, and the City Planning Commission having approved the Master Deed on January 13, 1998, therefore, the City Council does hereby approve of the said Master Deed on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including Sections 18 62 and 18 63 of Ordinance No 543, as amended, and the provisions referenced therein, and the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such Department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said ordinance provisions, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in such ordinance provisions, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved Development Plans, 31914 (5) That the Master Deed complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapters 16 04 - 16 40 of the Livonia Code of Ordinances, and Article XX of Ordinance No 543, as amended, being Sections 20 01 - 20 06 of the ordinance, except the following shall be incorporated That full-face four (4") inch brick shall, at a minimum, be installed on the first story of each unit on all four sides, with a full brick chimney, and street lights shall be mandatory; (6) That as a condition of obtaining approval of the Master Deed prior to the completion of all required improvements, the proprietor shall file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period in the following amounts (a) General Improvement Bond $330,000 00, of which at least $10,000 00 shall be in cash (b) Grading & Soil Erosion $ 4,200 00 (all cash) Control Bond and require cash payments in the total amount of$30,965 00, (7) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the Condominium in accordance with City ordinances, and (8) That the first floor of each condominium unit shall be brick or stone, on all four sides, and the total amount of brick or stone on each two-story colonial or cape cod unit shall not be less than 75%, with full brick chimney, and the total amount of brick or stone on each one-story ranch style home shall not be less than 80%, with full brick chimney, and square foot minimums of usable living space shall be 3,000 for two-story colonials, 2,800 for two-story cape cods and 2,300 for one-story ranch style homes, and sidewalks and street lights shall be mandatory; FURTHER, that each home shall be built with no less than a two and one-half car garage, and the brick or stone requirements shall cover the entire first floor on a two-story or cape cod home Councilmember Walsh gave first reading to the following Ordinance 31915 AN ORDINANCE AMENDING SECTION 2 08 OF ARTICLE II AND SECTION 4 02 OF ARTICLE IV, AND ADDING SECTION 411 TO ARTICLE IV AND SECTION 5 14 TO ARTICLE V OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" The above Ordinance was placed on the table for consideration at the next Regular Meeting on October 27, 1999 Councilmember Walsh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 5 03 OF ARTICLE V OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" The above Ordinance was placed on the table for consideration at the next Regular Meeting on October 27, 1999 A communication from the Department of Law, dated October 11, 1999, conveying three different versions of the proposed ordinance, was received and placed on file for the information of the Council Karen Duff Egan addressed the Council and thanked the members for their efforts in researching and reviewing all aspects of this ordinance On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #706-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 21, 1999, submitted pursuant to Council Resolution 513-99, and a communication from the City Planning Commission, dated April 22, 1999, which sets forth its resolution 4-64-99 adopted on April 20, 1999, with regard to Petition 99-2-6-1, submitted by the City Planning Commission, pursuant to Council Resolution 405-98, to determine whether or not to amend Sections 2 08, 4 02 and 4 03 of the Zoning Ordinance to set forth zoning requirements for family (1 to 6 children) and group (7 to 12 children) day care homes in residential districts, the Council does hereby refer the subject of inspections of Family and Group Day Care Homes for REVISED PAGE — SEE 1st READING 31916 compliance with fire codes to the Fire Marshal for a report and recommendation On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was #707-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 28, 1999, submitted pursuant to Council Resolution 768-98, regarding the matter of reviewing the issue of amending the Special Assessment Ordinance, and having also considered the report and recommendation of the Department of Law, dated September 21, 1999, approved for submission by the Mayor, the Council does hereby concur in the recommendation of the Department of Law concerning certain procedural changes to the special assessment process and does hereby direct the City Engineer and the Director of Finance to take all steps necessary to insure that bids be taken for future improvement projects prior to confirmation of the Special Assessment Roll Ralph Williams, 18630 Foch, Livonia, spoke to the Council re special assessment interest rates #708-99 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 28, 1999, submitted pursuant to Council Resolution 768-98, and the report and recommendation of the Department of Law, dated September 21, 1999, approved for submission by the Mayor, with regard to the matter of reviewing the issue of amending the Special Assessment Ordinance, the Council does hereby refer this matter to the Department of Law to prepare an appropriate amendment to Chapter 3 08 of the Livonia Code of Ordinances for submission to Council to require a) That a bid shall be sought following the needs assessment; b) That the second Public Hearing shall be held after receipt of the bid, c) That the roll shall be confirmed at a subsequent Council meeting, and d) That liens shall not take effect until initiation of construction Councilmember Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 7 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OR ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 3812 THERETO REVISED PAGE - SEE 2nd READING 31917 The above Ordinance was placed on the table for consideration at the next Regular Meeting on October 27, 1999 Councilmember Vandersloot took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING TITLE 2, CHAPTER 100 (THE LIVONIA MULTI-CHANNEL VIDEO PROVIDER REGULATORY ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Walsh, Vandersloot, Pastor, Duggan, Laura, Brosnan and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Inspection Department, dated October 8, 1999, re an inspection of the property at 27845 - 27849 Seven Mile Road, was received and placed on file for the information of the Council Joseph Shallah, attorney for the Kannu Corporation, requested Council to approve the transfer of ownership of a 1999 SDD-SDM licensed business from Isa Jamil Mufarreh On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #709-99 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 14, 1999, and a report and recommendation from the Chief of Police, dated September 15, 1999, approved for submission by the Mayor, the Council does hereby approve of the request from Kannu Corporation for transfer of ownership of a 1999 SDD-SDM licensed business from Isa Jamil Mufarreh for a business located at 27845 - 27849 W Seven Mile Road, Livonia, Michigan, Wayne REVISED PAGE - SEE 2nd READING 31917 The above Ordinance was placed on the table for consideration at the next Regular Meeting on October 27, 1999 Councilmember Vandersloot took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING TITLE 2, CHAPTER 100 (THE LIVONIA MULTI-CHANNEL VIDEO PROVIDER REGULATORY ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Walsh, Vandersloot, Pastor, Duggan, Laura, Brosnan and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Inspection Department, dated October 8, 1999, re an inspection of the property at 27845 - 27849 Seven Mile Road, was received and placed on file for the information of the Council Joseph Shallah, attorney for the Kannu Corporation, requested Council to approve the transfer of ownership of a 1999 SDD-SDM licensed business from Isa Jamil Mufarreh On a motion by Duggan, seconded by Brosnan, and unanimously adopted, it was #709-99 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 14, 1999, and a report and recommendation from the Chief of Police, dated September 15, 1999, approved for submission by the Mayor, the Council does hereby approve of the request from Kannu Corporation for transfer of ownership of a 1999 SDD-SDM licensed business from Isa Jamil Mufarreh for a business located at 27845 - 27849 W Seven Mile Road, Livonia, Michigan, Wayne 31918 County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Duggan, seconded by Brosnan, it was #710-99 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, received on July 26, 1999, and the report and recommendation of the Chief of Police, dated September 21, 1999, regarding a request from B J 's of Michigan, Inc. for a new Outdoor Service Permit (2nd Area), to be held in conjunction with a 1999 Class C license with Entertainment Permit, Official Permit (Food and Golf), Outdoor Service (One Area) and Two Bars, for a business located at 36000 Seven Mile Road, Livonia, Michigan 48152, Wayne County, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request; 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 Walsh, Pastor, Duggan, Laura, Brosnan and Engebretson NAYS Vandersloot The President declared the resolution duly adopted Sandra Beslach, representative from B J 's of Michigan, spoke to the Council and informed them that the sprinkler system in the basement of said establishment is the responsibility of the Fire Department and, therefore, she could not be issued a fire violation on this matter On a motion by Brosnan, seconded by Duggan, and unanimously adopted, it was #711-99 RESOLVED, the Council does hereby refer the matter of fire violations at B J 's of Michigan, 36000 Seven Mile Road, to Administration for its report and recommendation Councilmember Duggan left the podium at 9 01 p m due to a conflict of interest. On a motion by Walsh, seconded by Brosnan, and unanimously adopted, 31919 it was. #712-99 RESOLVED, that Leo Soave Building Company, Inc., 34822 Pembroke, Livonia, MI 48152, as proprietor, having requested the City Council to approve the proposed preliminary plat of the following subdivision Elmira Court Subdivision, to be located on the South side of Plymouth Road and East of Levan Road between the Elmira Avenue dead-end and Arthur Avenue in the Northeast 1/4 of Section 32, City of Livonia, Wayne County, Michigan, the said proposed preliminary plat being dated June 2, 1999, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on May 4, 1999, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Engineering Division as is set forth in the report of that department dated September 15, 1999, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16.24 of the Livonia Code of Ordinances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Engineering Division and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Division, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in 31920 the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts. A. General Improvement Bond $104,500 00, of which at least $ 10,000 00 shall be in cash B Sidewalk Bond $ 7,700 00, of which at least $ 1,000 00 shall be in cash C Grading & Soil Erosion $ 1,800 00 cash D Monuments and Lot Markers $ 545 00 (all cash) and require cash payments in the total amount of $7,130 00 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision, FURTHER, the Council does hereby reduce the financial assurance for General Improvements to $0 00 for the reason that all work has been installed per City specifications and maintenance bonds have been received 31921 A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Pastor, Laura, Brosnan and Engebretson NAYS None The President declared the resolution duly adopted Councilmember Duggan returned to the podium at 9 02 p m On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was #713-99 RESOLVED, that having considered a communication from the City Engineer, dated September 17, 1999, approved for submission by the Mayor, submitted pursuant to Council Resolution 532-99, in connection with Petition 99-7-3-1, submitted by Chris and Pete Frabotta, requesting the vacating of a six foot easement inside the east property line of property located at 14324 Susanna in the Castle Gardens Subdivision in Section 19, the Council does hereby concur in the recommendation of the City Engineer and Petition 99-7-3-1 is hereby denied for the same reasons as those set forth in the aforesaid communication A communication from Chris and Peter Frabotta, dated October 11, 1999, re their request to vacate a six foot easement at 14324 Susanna, was received and placed on file for the information of the Council (CR #532-99) The President relinquished the Chair to the Vice President at 9 15 p m On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was #714-99 RESOLVED, that having considered a communication from the City Planning Commission, dated June 25, 1999, which transmits its Resolution 6-117-99, adopted on June 22, 1999, with regard to Petition 99-5-2-16, submitted by GMRI, Inc , on behalf of Darden Restaurants, Inc , requesting waiver use approval to construct and operate a full-service restaurant (Bahama Breeze) on property located on the east side of Haggerty road between Seven Mile and Eight Mile Roads in the Southwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning 31922 Commission and Petition 99-5-2-16 is hereby approved and granted, subject to the following conditions 1 That the Site Plan, marked Sheet PS3, prepared by Wolfgang Doerschlag Architects & Engineers, dated June 17, 1999, and revised October 13, 1999, is hereby approved and shall be adhered to, 2 That the Exterior Elevations Plan, marked Sheet A2 1, prepared by Wolfgang Doerschlag Architects & Engineers, dated June 17, 1999, is hereby approved and shall be adhered to, 3 That the maximum number of customer seats shall not exceed 388 seats, of which no more than 72 shall occur on the Waiting Deck and no more than 30 on the Sunset Deck; 4 That fully detailed Landscape Plan shall be submitted for approval within 30 days following approval of this petition by the City Council, 5 That the exterior material on the chimney for the pizza oven shall be brick, stone or stucco, 6 That all light fixtures shall be shielded, and all light standards shall not exceed 20 feet in height; 7 That no signs, either freestanding or wall mounted, are approved with this petition, all such signage shall be separately submitted for review and approval by the Planning Commission and City Council, 8 That the stage area for the solo performer on the Waiting Deck shall be enclosed on three sides with the open side facing the building, 9 That the petitioner shall abide by all City noise ordinance provisions and shall immediately cease excessive noise activities when requested to do so by a police officer or city inspector; and 10 That the petitioner shall keep all roof clay (Monier Manufacturing Company) materials in good repair and regularly re-paint all faded, cracked, peeling or chipped surfaces as determined by the Livonia Director of Inspection A roll call vote was taken on the foregoing resolution with the following result: AYES Vandersloot, Pastor, Duggan, Laura, Brosnan, Engebretson and Walsh 31923 NAYS None The Vice-President declared the foregoing resolution duly adopted The President resumed the Chair at 9 19 p m Michael Harrison of Orlando, Florida spoke on behalf of Darden Restaurants re clay tile for roofs A communication from GMRI, Inc , dated October 7, 1999, re abiding by the requirements of Chapter 3 of the BOCA National Property Maintenance Code/1996, was received and filed for the information of the Council. On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was. #715-99 RESOLVED, that having considered a communication from the City Planning Commission, dated July 14, 1999, which transmits its resolution 7-127-99, adopted on July 13, 1999, with regard to Petition 99- 6-2-21, submitted by GMRI, Inc., on behalf of Darden Restaurants, Inc., requesting waiver use approval to utilize a Class C license in connection with a restaurant (Bahama Breeze) proposed to be located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads in the Southwest 1/4 of Section 6, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 99-6-2-21 is hereby approved and granted; FURTHER, the Council does hereby waive the 1,000 foot separation requirement as set forth in Section 11 03(h) of Zoning Ordinance 543 On a motion by Walsh, seconded by Pastor, and unanimously adopted, it was #716-99 RESOLVED, that having considered a communication from the City Planning Commission, dated September 22, 1999, which transmits its resolution 9-159-99, adopted on September 21, 1999, with regard to Petition 99-7-2-24, submitted by H & M Deli & Catering, requesting waiver use approval to expand the floor area and seating capacity of a restaurant located within an existing building (31193 Plymouth Road) on the south side of Plymouth Road between Merriman Road and Denne Avenue in the Northwest 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the 31924 recommendation made by the City Planning Commission and Petition 99- 7-2-24 is hereby approved and granted, subject to the following conditions 1 That the number of customer seats shall be limited to no more than 62 SE 2 That the following site deficiencies as outlined in the correspondence dated August 23, 1999, from the Inspection Department shall be corrected to that department's satisfaction - that the parking areas shall be repaired, resealed and restriped, - that the approach off Denne Avenue shall be repaired, and - that the missing section of the protective wall, where a portion of the wall has been removed at the southwest corner of the property, shall be rectified by either replacing the wall or by petitioning to amend the approved site plan to substitute a greenbelt in lieu of the protective wall 3 That petitioner shall provide an updated survey with the correct legal description as a condition precedent. A communication from the Plymouth Road Development Authority, dated October 7, 1999, re Petition 99-8-2-25, resolution #99-52 adopted at its meeting of October 7, 1999, for Summit Sports, Inc., d/b/a Play It Again Sports On a motion by Vandersloot, seconded by Pastor, and unanimously adopted, it was #717-99 RESOLVED, that having considered a communication from the City Planning Commission, dated September 22, 1999, which transmits its resolution 9-160-99, adopted on September 21, 1999, with regard to Petition 99-8-2-25, submitted by Summit Sports, Inc., d/b/a Play it Again Sports, requesting waiver use approval to operate a new and used sporting goods store within an existing building on property located on the southeast corner of Plymouth and Middlebelt Roads in the Northwest 1/4 of Section 36, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 99-8-2-25 is hereby approved and granted, subject to the following conditions REVISED SEE CR 718 & 719 31925 That a maximum of 50% of the floor space shall be allocated for the sale of used sporting goods, and 2 That a Letter of Understanding signed by the Petitioner's landlord shall be submitted indicating that the waiver use granted herein to this Petitioner shall cease upon Petitioner or his assigns terminating their tenancy unless a new tenant seeking to continue the sale of used goods receives permission of the City Council to do so Councilmember Pastor left the podium at 9 25 p m due to a conflict of interest. On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was #718-99 RESOLVED, that having considered a request from Councilmember Val Vandersloot to investigate the removal of various trees on the Steak 'n Shake property located on the east side of Middlebelt Road, north of Six Mile Road, the Council does hereby refer this matter to the Planning Department for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Duggan, Laura, Brosnan and Engebretson NAYS None The President declared the foregoing resolution duly adopted On a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was #719-99 RESOLVED, that having considered a request from Councilmember Val Vandersloot to investigate the removal of various trees on the Steak 'n Shake property located on the east side of Middlebelt Road, north of Six Mile Road, the Council does hereby refer this matter to the Law Department for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Duggan, Laura, Brosnan and Engebretson NAYS None The President declared the foregoing conclusion duly adopted REVISED SE CR 720 31926 Osn a motion by Vandersloot, seconded by Brosnan, and unanimously adopted, it was #720-99 RESOLVED, that having considered a request from Councilmember Val Vandersloot to investigate the removal of various trees on the Steak 'n Shake property located on the east side of Middlebelt Road, north of Six Mile Road, the Council does hereby refer this matter to the Community Tree Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Duggan, Laura, Brosnan and Engebretson NAYS None The President declared the foregoing resolution duly adopted Councilmember Pastor returned to the podium at 9.27 p m A communication from the Department of Law, dated October 6, 1999, re the acceptability of agreements submitted by Roush Crucam, Inc for transfer of Industrial Facilities Exemption Certificates, was received and filed for the information of the Council A communication from the Economic Development Manager, dated September 29, 1999, re September 27, 1999 Public Hearing follow-up report on Roush Crucam, Inc , was received and filed for the information of the Council Communications from the Department of Assessment, dated October 4, 1999, re six requests for transfers of Industrial Facilities Exemption Certificates from Crucam, Inc to Roush Crucam Inc On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was 31927 #721-99 WHEREAS, the City Council has received an application for the transfer of an Industrial Facilities Exemption Certificate (No. 93-360) to Roush Crucam, Inc. from Crucam, Inc./KEV, Inc. covering industrial facilities located within the City of Livonia Industrial Development District No 55, and WHEREAS, the Council did previously in Council Resolution 776-93, adopted on September 15, 1993, approve an Industrial Facilities Exemption Certificate for Crucam, Inc./KEV, Inc. for a period of 12 years, 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, Roush Crucam, 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 Crucam, Inc./KEV, Inc. covering industrial facilities located within the City of Livonia Industrial Development District No 55, and (3) That Council Resolution 776-93, adopted on September 15, 1993, is hereby amended and revised to the extent necessary to be consistent with the action taken herein On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was #722-99 WHEREAS, the City Council has received an application for the transfer of an Industrial Facilities Exemption Certificate (No. 94-584) to Roush Crucam, Inc from Crucam, Inc covering industrial facilities located within the City of Livonia Industrial Development District No 55, and 31928 WHEREAS, the Council did previously in Council Resolution 787-94, adopted on October 26, 1994, approve an Industrial Facilities Exemption Certificate for Crucam, Inc. for a period of 12 years, 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, Roush Crucam, 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 Crucam, Inc. covering industrial facilities located within the City of Livonia Industrial Development District No 55, and (3) That Council Resolution 787-94, adopted on October 26, 1994, is hereby amended and revised to the extent necessary to be consistent with the action taken herein On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was. #723-99 WHEREAS, the City Council has received an application for the transfer of an Industrial Facilities Exemption Ccertificate (No. 95-493) to Roush Crucam, Inc from Crucam, Inc. covering industrial facilities located within the City of Livonia Industrial Development District No 55, and WHEREAS, the Council did previously in Council Resolution 657-95 adopted on September 13, 1995, and amended in Council Resolution 31- 98 adopted on January 14, 1998, approve an Industrial Facilities Exemption Certificate for Crucam, Inc for a period of 12 years, NOW, THEREFORE, be it resolved by the City of Livonia as follows 31929 (1) That the City Council, on the basis of the information received from the applicant, Roush Crucam, 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 Industrial Facilities Exemption Certificate from Crucam, Inc. covering industrial facilities located within the City of Livonia Industrial Development District No 55, and (3) That Council Resolution 657-95, adopted on September 13, 1995, is hereby amended and revised to the extent necessary to be consistent with the action taken herein On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was #724-99 WHEREAS, the City Council has received an application for the transfer of an Industrial Facilities Exemption Certificate (No. 97-419) to Roush Crucam, Inc from Crucam, Inc./KEV, Inc. covering industrial facilities located within the City of Livonia Industrial Development District No 55, and WHEREAS, the Council did previously in Council Resolution 665-97, adopted on August 11, 1997, approve an Industrial Facilities Exemption Certificate for Crucam, lnc./KEV, Inc for a period of 12 years, 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, Roush Crucam, 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 31930 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 Crucam, Inc./KEV, Inc. covering industrial facilities located within the City of Livonia Industrial Development District No 55, and (3) That Council Resolution 665-97, adopted on August 11, 1997, is hereby amended and revised to the extent necessary to be consistent with the action taken herein On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was #725-99 WHEREAS, the City Council has received an application for the transfer of an Industrial Facilities Exemption Certificate (No. 86-346) to Roush Crucam, Inc from Crucam, Inc./KEV, Inc. covering industrial facilities located within the City of Livonia Industrial Development District No 34, and WHEREAS, the Council did previously in Council Resolution 990-96, adopted on October 16, 1996, approve an Industrial Facilities Exemption Certificate for Crucam, Inc./KEV, Inc for a period of 12 years, 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, Roush Crucam, Inc., finds and determines (a) That the approval of the transfer of this InIdustrial 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, 31931 (2) That the City Council hereby approves the above transfer of Industrial Facilities Exemption Certificate from Crucam, Inc./KEV, Inc. covering industrial facilities located within the City of Livonia Industrial Development District No 34, and (3) That Council Resolution 990-96, adopted on October 16, 1996, is hereby amended and revised to the extent necessary to be consistent with the action taken herein. A communication from the Department of Finance, dated September 29, 1999, re payment of false alarm bills owed by Roush Crucam, Inc., was received and filed for the information of the Council On a motion by Duggan, seconded by Vandersloot, and unanimously adopted, it was #726-99 WHEREAS, the City Council has received an application for the transfer of an Industrial Facilities Exemption Certificate (No. 97-426) to Roush Crucam, Inc from Crucam, Inc./KEV, Inc. covering industrial facilities located within the City of Livonia Industrial Development District No 66, and WHEREAS, the Council did previously in Council Resolution 666-97, adopted on August 11, 1997, approve an Industrial Facilities Exemption Certificate for Crucam, Inc./KEV, Inc. for a period of 12 years, 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, Roush Crucam, 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 Crucam, Inc./KEV, 31932 Inc. covering industrial facilities located within the City of Livonia Industrial Development District No 66, and (3) That Council Resolution 666-97, adopted on August 11, 1997, is hereby amended and revised to the extent necessary to be consistent with the action taken herein On a motion by Walsh, seconded by Vandersloot, and unanimously adopted, it was #727-99 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 1 58 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 76;" and WHEREAS, written notice has been given by certified mail to Storch Products Co , 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 76, 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 76, and WHEREAS, on Monday, October 4, 1999, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 76, at which time Storch Products Co , 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 Storch Products Co , Inc. 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 31933 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 76 " EXHIBIT A 29E14 Globe Industrial Sub T1S, R9E L9 0 P25 26 WCR Lots 14 and 15 On a motion by Brosnan, seconded by Walsh, and unanimously adopted, it was #728-99 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from E. James Brady, General Manager, Starch Magnetics, dated August 9, 1999, covering new industrial facilities to be located within City of Livonia Industrial Development District No 76, 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 Storch Products Co , 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 7 00 p m , Monday, October 4, 1999, 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, Storch Products Co , 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 Storch Products Co , Inc. 31934 covering new industrial facilities to be located within the City of Livonia Industrial Development District No 76 for 10 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 Brosnan, seconded by Laura, and unanimously adopted, it was #729-99 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated September 24, 1999, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding additional work required in connection with the Glendale Avenue Extension and Leachate Collection System Project (Contract 98-F) previously authorized in Council Resolution 599-98, adopted on August 10, 1998, the Council does hereby appropriate and authorize the expenditure of the additional sum of$38,305 87 from the Unexpended Fund Balance of the Refuse Fund to be paid to Sunset Excavating, Inc., 12641 Stark Road, Livonia, Michigan 48150, for this additional work. Councilmember Pastor left the podium at 9 36 p m due to a conflict of interest. On a motion by Brosnan, seconded by Walsh, and unanimously adopted, it was #730-99 RESOLVED, and having considered a communication from Tech Express Corporation, on behalf of 7-Eleven, Inc , dated September 20, 1999, indicating its intent to withdraw Petition 99-7-2-23, submitted by 7-Eleven, Inc , which requested waiver use approval to operate a convenience store with an SDM license on property located on the northwest corner of Five Mile and Levan Roads in the Southwest 1/4 of Section 17, which property is zoned C-1, the Council does hereby repeal and rescind Council Resolution 606-99 A roll call vote was taken on the foregoing resolution with the following result: 31935 AYES Walsh, Vandersloot, Duggan, Laura, Brosnan and Engebretson NAYS None The President declared the resolution duly adopted Councilmember Pastor returned to the podium at 9 37 p m On a motion by Brosnan, seconded by Duggan, it was #731-99 RESOLVED, that having considered a communication from the Department of Law, dated September 30, 1999, approved for submission by the Mayor, 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 for the purpose of discussing litigation matters and attorney/client privileged communications in connection with pending litigation regarding Jackie Stehler A roll call vote was taken on the foregoing resolution with the following result: AYES Walsh, Vandersloot, Pastor, Duggan, Laura, Brosnan and Engebretson NAYS None The President declared the resolution duly adopted Michael Driscoll, 19229 Shadyside of Merriman Forest Subdivision, spoke to the Council re (1) restriction of size of excavating machinery used in residential areas, and (2) re improvement bonds - claims being made by individual property owners against contractors Councilmember Duggan wished a "Happy Birthday" to Bonnie Johnson of the Council Office On a motion by Duggan, seconded by Brosnan, and unanimously adopted, this 1402nd Regular Meeting of the Council of the City of Livonia was adjourned at 9.45 p m., October 13, 1999 Joar4i1cCotter, City Clerk