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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-10-26 28504 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTY-THIRD REGULAR MEETING OF TnE COUNCIL OF THE CITY OF LIVONIA On October 26, 1994, 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 02 p m Councilmember Feenstra delivered the invocation Roll was called with the following result Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, Ron Ochala, Laura M Toy, Dale A Jurcisin, and Gerald Taylor Absent None Elected and appointed officials present Robert D Bennett, Mayor; John Nagy, City Planner; Gary D Clark, Assistant City Engineer; Cathryn K White, Chief Assistant City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; Michael Slater, Finance Director; Robert J Beckley, Director of Public Works; and Dorothy Wilshaw, Arts Commission On a motion by Toy, seconded by Kavanagh, and unanimously* adopted, it was #744-94 RESOLVED, that the minutes of the 1, 282nd Regular Meeting of the Council of the City of Livonia, held October 12, 1994, are hereby approved as submitted *Councilmembers Feenstra and Toy abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances There was no audience communication at the beginning of the meeting On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #745-94 RESOLVED, that the Council does hereby refer the matter of whether or not vehicles are being spray painted outside at Dave' s Custom Collision, 29943 Eight Mile Road, Livonia, to the Inspection Department for a report and recommendation , , 28505 Council President Taylor announced that a new rule has been adopted regarding new data submitted for Council meetings When new data is asked for pertaining to matters on the agenda, it is to be submitted at least two (2) days prior to the voting meeting, otherwise, the item will be removed from the agenda if new data is asked for and not received On a motion by McGee, seconded by Kavanagh, and unanimously adopted, it was #746-94 RESOLVED, that having considered Petition 94-9-3-8 submitted by William L Roskelly under date of September 22, 1994, wherein a request is submitted for the vacating of a certain storm sewer easement located in Lots 53 and 54 of Western Golf Estates Subdivision in the Northeast 1/4 of Section 24, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance #747-94 RESOLVED, that having considered Petition 94-9-3-9 submitted by William L Roskelly under date of September 22, 1994, wherein a request is submitted for the vacating of a certain easement and/or alley located in the rear of Lots 1 through 4 inclusive of Horton' s Newburgh Subdivision, situated in the Northeast 1/4 of Section 31, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance #748-94 RESOLVED, that having considered Petition 94-9-3-10 submitted by William L Roskelly under date of September 22, 1994, wherein a request is submitted for the vacating of a certain storm sewer easement located on Lots 4 and 5 of proposed Fargo Woods Subdivision, situated in the Northwest 1/4 of Section 2, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance #749-94 RESOLVED, that having considered a communication from the City Assessor, dated September 27, 1994, approved for submission by the Mayor, with regard to a request from Mr Willard Ware, 1017 Holbrook, Plymouth, Michigan 48170 and Mr Charles Riess, 11155 Laurel, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division and combination of Tax Item Nos 46 130 01 0012 003 and 46 130 01 0014 003 into two parcels, the legal descriptions of which shall read as follows 28506 PARCEL 1 East 1/2 of Lots 12 and 13 except the south 8 feet, also except the east 25 feet of "Supervisor' s Livonia Plat #1" being part of the east 1/2 of the Northwest 1/4 of Section 33, T 1 S , R 9 E , Livonia Township (now the City of Livonia) , Wayne County, Michigan, as recorded in Liber 65 of Plats, Page 52, Wayne County Records PARCEL 2 East 1/2 of Lot 14 and the east 1/2 of the south 8 00 feet of Lot 13, except the east 25 feet of "Supervisor's Livonia Plat #1" being part of the east 1/2 of the Northwest 1/4 of Section 33, T 1 S , R 9 E , Livonia Township (now the City of Livonia) , Wayne County, Michigan, as recorded in Liber 65 of Plats, Page 52, Wayne County Records as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds #750-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated October 10, 1994, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the extension of the existing contracts with Mid-States Petroleum, Inc , for unleaded gasoline and diesel fuel to November 21, 1994; FURTHER, the Council does hereby authorize the purchase of gasoline and diesel fuel for tank wagon metered (5, 000 gallons or less) through the Tri-County Public Purchasing Cooperative (TCPPC) from Mid-States Petroleum Inc , 2146 Livernois, P 0 Box 400, Troy, Michigan 48099, for the period November 21, 1994 through January 31, 1996 for the unit price of $0 1048 per gallon markup for unleaded regular, unleaded premium and #2 diesel and the unit price of $0 1248 per gallon markup for #2 premium diesel; FURTHER, the Council does hereby authorize the purchase of diesel fuel and gasoline for truck transport unmetered (9, 000 gallons or more) through the Tri-County Public Purchasing Cooperative (TCPPC) from Barrick Enterprises, Inc , 1531 S Woodward, Birmingham, Michigan 48009, for the period November 21, 1994 through January 31, 1996 for the unit price of $0 01875 per gallon markup for unleaded regular, unleaded premium and #2 diesel, and the unit price of $0 03275 markup for #2 premium diesel; FURTHER, the Council does hereby authorize said purchase without competitive bidding for the reasons indicated in the aforesaid communication; and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances; and the Mayor and City Clerk are hereby authorized to execute contracts for and on behalf of the City of Livonia with the aforesaid companies and to do all other things necessary or incidental to the full performance of this resolution 28507 #751-94 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated October 10, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby approve of the attached revised compensation plan for staff employed in the FY ' 95 grants through the Department of Community Resources, which provides for a rate increase of 2% for the period October 1, 1994 through September 30, 1995, with the only benefit provided being holiday pay after completion of 480 hours #752-94 RESOLVED, that having considered the report and recommendation of the Finance Director, dated October 11, 1994, approved for submission by the Mayor, with regard to renewal options for liability and property insurance subsequent to the expiration of the City' s current liability and property insurance coverage with Michigan Municipal Risk Management Authority, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation #753-94 WHEREAS, Act 40, Chapter 17, Section 391, of the Public Acts of the State of Michigan of 1956, as amended, provides the method and manner that Wayne County Department of Public Services, through its Director of Public Works, James E Murray, may vacate a drain under his jurisdiction and control, wherein such drain is no longer necessary and has ceased to be of public utility, and WHEREAS, it has been determined that there is presently a deficit of $0 00 in that part of the drainage district that is located in the City of Livonia, and WHEREAS, this resolution is necessary and in compliance of Chapter 17, Section 391, of Act 40 of the Public Acts of the State of Michigan of 1956, as amended, and in the best interest of the public health, safety and welfare of the citizens of the City of Livonia, NOW, THEREFORE, BE IT RESOLVED that the City of Livonia hereby petitions James E Murray, Director of Public Works, to vacate the following All of that part of the Gunn Branch of the Patter Drain, including Branch "A" thereof, in the North 1/2 of Section 30, City of Livonia, Wayne County, Michigan since that drain is no longer necessary and has ceased to be of public utility, and BE IT FURTHER RESOLVED THAT THIS RESOLUTION be presented to James E Murray, Director of Public Works, for his action and consideration 28508 #754-94 RESOLVED, that having considered a communication from Bogart' s Billiards Cafe, 30282 Plymouth Road, Livonia, Michigan 48150, received by the office of the City Clerk on October 10, 1994, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on October 4, 1994 by the City Planning Commission in its resolution 10-169-94 with regard to Petition 94-8-2-27 submitted by Bogart' s Billiards Cafe, requesting waiver use approval to operate a full service restaurant in conjunction with an existing billiard hall facility located on the north side of Plymouth Road between Tech Center Drive and Sears Avenue in the Southeast 1/4 of Section 26, which property is zoned C-2, the Council does hereby designate Wednesday, November 30, 1994, at 7 00 p m , as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City' s official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia #755-94 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934; MCLA 125 584) , as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, December 5, 1994, at 8 00 p m , at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 94-9-1-20, submitted by the City Planning Commission, pursuant to Council Resolution 365-94, for a change of zoning of property located on the north side of Six Mile Road west of Inkster Road in the Southeast 1/4 of Section 12 from P to C-2, the City Planning Commission in its resolution 10-168-94 having recommended to the City Council that Petition 94-9-1-20 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution 28509 A roll call vote was taken on the foregoing resolutions with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor NAYS None On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #756-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 17, 1994, submitted pursuant to Council Resolution 270-94, with respect to the subject of the exterior appearance of the Cantina Del Rio restaurant which is located at 19265 Victor Parkway, the Council does hereby determine to take no further action On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #757-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 17, 1994, submitted pursuant to Council Resolution 355-94, with respect to the first renewal of the lease between the City of Livonia and Bobby's Country House, Inc as provided for in Section 1 4 of the Sublease Agreement, the Council does hereby determine to take no further action On a motion by McGee, seconded by Ochala, it was #758-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 17, 1994, submitted pursuant to Council Resolution 355-94, with respect to the first renewal of the lease between the City of Livonia and Bobby's Country House, Inc , the Council does hereby direct the Finance Director to notify the Council of any rent arrearage which exceeds 60 days A roll call vote was taken on the foregoing resolution with the following result AYES McGee, Ochala, Jurcisin, and Taylor NAYS Feenstra, Kavanagh, and Toy The President declared the resolution adopted 28510 On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was #759-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 17, 1994, submitted pursuant to Council Resolution 593-94, with regard to the report and recommendation of the City Planning Commission, dated August 2, 1994, which transmits its resolution 7-136-94, adopted on July 26, 1994, with regard to the revised building elevations submitted in connection with Petition 92-12-2-57 by Handy Andy Improvement Centers, Inc for the commercial building located at 13507 Middlebelt Road in Section 26, the Council does hereby concur in the recommendation of the Planning Commission and approve the revised building elevations subject to the condition that the security fencing be painted black and subject to the following additional conditions 1) That the Elevation Plan, defined as Sheet 4 dated 7/6/94, as revised, by Livonia-Handy Andy is hereby approved and shall be adhered to; and 2) That the content of the Inspection Department letter dated July 22, 1994, be incorporated as a further requirement to be complied with in all respects and that this approval is contingent upon that compliance On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, it was #760-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated October 17, 1994, submitted pursuant to Council Resolution 629-94, in connection with a communication from the City Planning Commission, dated June 24, 1994, which sets forth its resolution 6-112-94, adopted on June 21, 1994, with regard to Petition 94-4-1-11 submitted by Angelo Forest and Zef Ivezaj for a change of zoning of property located on the south side of Eight Mile Road between Gill Road and Ellen Drive in the Northwest 1/4 of Section 4 from RUFB to OS and R-3B, and the Council having conducted a public hearing with regard to this matter on August 15, 1994, pursuant to Council Resolution 499-94, the Council does hereby reject the recommendation of the Planning Commission and Petition 94-4-1-11 is hereby denied for the following reasons 1) That the proposed changes in zoning are inconsistent with the surrounding zoning district in the area; 2) That the proposed change of zoning to the OS district represents a further encroachment of non-residential zoning into a residential area; and 3) That the proposed changes of zoning are incompatible to and not in harmony with the surrounding zoning and uses in the area 28511 Jurcisin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 11 02 OF ARTICLE XI OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE " (Petition 94-4-6-3) A roll call vote was taken on the foregoing Ordinance with the following result AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor NAYS Feenstra The President declared the foregoing Ordinance duly adopted, and would become effective on publication Kavanagh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 38 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE " (Petition 94-4-6-4) A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #761-94 RESOLVED, that having considered a communication from Mr Bruce M Berend, Plante & Moran, Certified Public Accountants, 27400 Northwestern Highway, P 0 Box 307, INN Southfield, Michigan 48037-0307, dated September 29, 1994, as well as a communication from the Mayor, dated October 17, 1994, the Council does hereby determine to retain the firm of Plante & Moran, Certified Public Accountants, for performing the annual 28512 independent audit of the accounts of the City of Livonia for the year ending November 30, 1994, as required by the City Charter and in accordance with the guidelines set forth in the State Uniform Act 978, P A 2, for a total fee not to exceed $61, 000; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended On a motion by Feenstra, seconded by Ochala, it was RESOLVED, that having considered a communication from the City Assessor, dated September 23, 1994, approved for submission by the Mayor, with regard to a request from Mr Shawn E Kelley of Livonia Development Company, 20765 Parker, Farmington Hills, Michigan 48336, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby refer the proposed division and combination of Tax Item Nos 46 089 01 0099 000 and 46 089 01 0100 000 into four parcels to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra and Ochala NAYS McGee, Kavanagh, Toy, Jurcisin, and Taylor The President declared the resolution denied On a motion by Kavanagh, seconded by McGee, it was #762-94 RESOLVED, that having considered a communication from the City Assessor, dated September 23, 1994, approved for submission by the Mayor, with regard to a request from Mr Shawn E Kelley of Livonia Development Company, 20765 Parker, Farmington Hills, Michigan 48336, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing and combining Tax Item Nos 46 089 01 0099 000 and 46 089 01 0100 000 into four parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, McGee, Kavanagh, Toy, Jurcisin, and Taylor NAYS Ochala The President declared the resolution adopted 2851 3 On a motion by Feenstra, seconded by Ochala, it was #763-94 RESOLVED, that the Council does, in accordance with Section 23 01 (a) of Zoning Ordinance 543, as amended, hereby request that the City Planning Commission conduct a public hearing on the appropriateness of the RUF zoning in the area east of Henry Ruff and south of Five Mile, making up that portion of the B E Taylor' s Green Acres Subdivision A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor NAYS Toy The President declared the resolution adopted On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #764-94 RESOLVED, that having considered a communication from the City Assessor, dated September 26, 1994, approved for submission by the Mayor, with regard to a request from Ms Kathleen J Trybus, 19823 Purlingbrook, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46 006 99 0025 000 into two parcels, the legal descriptions of which shall read as follows PARCEL A. A parcel of land located in the N W 1/4 of Sec 2, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the E & W 1/4 line of said Sec 2 located distant N 89°25' 01" W 200 00 feet from the center of said Sec 2; thence continuing along said E & W 1/4 line N 89°25' 01" W 153 61 feet; thence N 00°39' 18" E 133 30 feet; thence S 89°25' 01" E 153 52 feet; thence S 00°37' 04" W 133 30 feet to the point of beginning Containing 0 47 acres, more or less Subject to easements and restrictions of record, if any PARCEL B. A parcel of land located in the N W 1/4 of Sec 2, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the E & W 1/4 line of said Sec 2 distant N 89°25' 01" W 30 00 feet from the center of said Sec 2; thence continuing along said E & W 1/4 line N 89°25' 01" W 170 00 feet; thence N 00°37' 04" E 133 30 feet; thence S 89°25' 01" E 170 00 feet to the west right-of-way line of Purlingbrook Road; thence along said right-of-way line S 00°37' 04" W 133 30 feet to the point of beginning Containing 0 52 acres, more or less Subject to easements and restrictions of record, if any 28514 as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however that this approval is subject to the dedication of an additional ten (10) feet of right-of-way adjacent to the two subject parcels; also provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals On a motion by Toy, seconded by McGee, and unanimously adopted, it was #765-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated October 6, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Allie Brothers, Inc , 20295 Middlebelt, Livonia, Michigan 48152, for supplying the Department of Public Works with employee uniforms at the unit prices shown in the attachment, for a total estimated price of $21, 013 83, the same having been in fact the lowest bid received and meets all specifications On a motion by Kavanagh, seconded by Ochala, it was RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the request from B J 's of Michigan, Inc for a new entertainment permit to be held in conjunction with a 1994 Class C licensed business with Outdoor Service (one area) , Official Permits (Food and Golf) and two bars, for a business located at 36000 Seven Mile Road, Livonia, Michigan 48152, Wayne County On a motion by Feenstra, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute a resolution of denial pertaining to the request for a new entertainment permit The motion to substitute failed for lack of support A roll call vote was taken on the originally proposed resolution, as follows #766-94 RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the request from B J ' s of Michigan, Inc for a new entertainment permit to be held in conjunction with a 1994 Class C licensed business with Outdoor Service (one area) , Official Permits (Food and Golf) and two bars, for a business located at 36000 Seven Mile Road, Livonia, Michigan 48152, Wayne County 28515 with the following result AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor NAYS Feenstra The President declared the resolution adopted On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #767-94 RESOLVED, that having considered a communication from the Department of Law, dated October 17, 1994, approved for submission by the Mayor, submitted pursuant to Council Resolution 357-94, with respect to the appropriate amendatory agreement with the new tenant, B J 's of Michigan, Inc , to reflect the assignment and subleasing of the Tavern on the Green Restaurant, which is located in the clubhouse of Fox Creek Golf Course from J T L, Incorporated to B J 's of Michigan, Inc , the Council does hereby refer the matter of the proposed transfer and assignment of interest in Sublease Agreement in Fox Creek clubhouse restaurant and proposed Amendment #2 to Sublease Agreement to the Committee of the Whole for its report and recommendation On a motion by Feenstra, seconded by Kavanagh, it was #768-94 RESOLVED, that having considered a communication from the City Planning Commission dated October 10, 1994, which transmits its resolution 10-175-94, adopted on October 4, 1994, with regard to a Sign Permit Application submitted by RJM Sign & Lighting, requesting approval to erect a wall sign for the restaurant located at 34359 Plymouth Road in the Northeast 1/4 of Section 33, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1) That the Sign Package by RJM Sign & Lighting received by the Planning Commission on September 19, 1994 is hereby approved and shall be adhered to, except for the fact that the subject sign shall be reduced to no greater than 55 square feet in area so as to be in compliance with the Zoning Ordinance requirements, and moved to the edge of the door for better visibility; and 2) That this approval is subject to the applicant being granted a variance by the Zoning Board of Appeals A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, Kavanagh, Ochala, Toy, and Taylor 28516 NAYS McGee and Jurcisin The President declared the resolution adopted On a motion by McGee, seconded by Feenstra, and unanimously adopted, it was #769-94 RESOLVED, that having considered a communication from the City Planning Commission, dated October 7, 1994, which transmits its resolution 10-171-94, adopted on October 4, 1994, with regard to Petition 94-9-8-19 submitted by Providence Hospital, requesting site plan approval in connection with a proposal to construct a medical clinic on property located on the southwest corner of Seven Mile and Newburgh Roads in the Northeast 1/4 of Section 7, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 94-9-8-19 is hereby approved and granted, subject to the construction of a deceleration lane on Seven Mile Road and on Newburgh Road as required by the Engineering Department and the planting of five (5) Austrian pine trees per lot on the proposed berm, and subject to the following conditions 1) That the Site Plan received by the Planning Commission on September 16, 1994 by Nowak & Fraus Corp is hereby approved and shall be adhered to; 2) That the Landscape Plan, dated October 4, 1994 by MAS Associates Inc , is hereby approved and shall be adhered to; and that the landscape materials shall be installed prior to the issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition; 3) That the Elevation Plans dated September 29, 1994 by MAS Associates Inc are hereby approved and shall be adhered to; 4) That the parking spaces for the entire medical clinic shall be double striped; 5) That the landscape materials shown around the berm shall be increased to more adequately screen the proposed development from the neighboring residential homes, such additional landscaping to be determined by the City Planning Department; and 6) The lawn area and permanent berm, which will be 30-35' in width, 5' in height and will be landscaped, are to be sprinkled and properly maintained at all times On a motion by Kavanagh, seconded by Feenstra, and unanimously adopted, it was 28517 #770-94 RESOLVED, that the Council does hereby refer the matter of the widening of Seven Mile Road from Newburgh Road west to Victor Parkway to the Mayor and City Engineer to start negotiations with Wayne County regarding commencement of this project On a motion by Ochala, seconded by Toy, it was #771-94 RESOLVED, that having considered a communication from the City Planning Commission, dated October 10, 1994, which transmits its resolution 10-172-94, adopted on October 4, 1994, with regard to Petition 94-9-8-20 submitted by S Casadei, requesting site plan approval in connection with a proposal to construct a commercial center on property located at 8891 Newburgh Road in the Southeast 1/4 of Section 31, 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 94-9-8-20 is hereby approved and granted, subject to the condition that the monument sign must be approved by the Council prior to installation, and subject to the following conditions 1) That the Site Plan defined as number 1 dated October 3, 1994 by Michael A Boggio Assoc is hereby approved and shall be adhered to; 2) That the Landscape Plan defined as number L-1 dated October 3, 1994 by Michael A Boggio Assoc is hereby approved and shall be adhered to, and that the landscape materials shall be installed prior to the issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition; 3) That the Elevation Plan defined as number 2 dated October 3, 1994 by Michael A Boggio Assoc is hereby approved and shall be adhered to; 4) That the parking spaces for the entire shopping center shall be double striped; 5) That the color of the screen wall shall match, to the extent possible, the brick color as used on the shopping center structure; 6) That the hours for trash pickup shall be restricted to the hours of 8 00 a m to 5 00 p m as committed to by the petitioner; and 7) That the height of the light poles shall be no more than 18 feet with a base of 2-1/2 feet A roll call vote was taken on the foregoing resolution with the following result 28518 AYES McGee, Kavanagh, Ochala, Toy, and Taylor NAYS Feenstra and Jurcisin The President declared the resolution adopted On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #772-94 RESOLVED, that the Council does hereby refer the matter of the condition of the two properties located to the north of 8891 Newburgh Road and the possible proposed uses of such parcels to the Inspection Department for its report and recommendation On a motion by Jurcisin, seconded by Toy, it was RESOLVED, that having considered a communication from the City Planning Commission, dated October 10, 1994, which transmits its resolution 10-173-94, adopted on October 4, 1994 with regard to Petition 94-9-8-21 submitted by Kamp-DiComo Associates, requesting site plan approval in connection with a proposal to construct an addition to the auto dealership located at 32570 Plymouth Road in the Southwest 1/4 of Section 27, 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 94-9-8-21 is hereby approved and granted, subject to the installation of additional landscaping on the property as recommended and subject to the following additional conditions 1) That the Site Plan received by the Planning Commission on September 21, 1994 by DiComo Associates is hereby approved and shall be adhered to; 2) That the Landscape Plan received by the Planning Commission on September 21, 1994 by DiComo Associates is hereby approved and shall be adhered to, and that the landscape materials shall be installed prior to the issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition; 3) That the Elevation Plan received by the Planning Commission on September 21, 1994 by DiComo Associates, is hereby approved and shall be adhered to; and 4) That no vans shall be allowed to be parked and exhibited in front of the showroom along Plymouth Road On a motion by Kavanagh, seconded by McGee, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following: 28519 RESOLVED, that having considered a communication from the City Planning Commission, dated October 10, 1994, which transmits its resolution 10-173-94, adopted on October 4, 1994 with regard to Petition 94-9-8-21 submitted by Kamp-DiComo Associates, requesting site plan approval in connection with a proposal to construct an addition to the auto dealership located at 32570 Plymouth Road in the Southwest 1/4 of Section 27, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the motion to substitute as follows AYES McGee, Kavanagh, and Ochala NAYS Feenstra, Toy, Jurcisin, and Taylor The President declared the motion to substitute denied A roll call vote was taken on the originally proposed resolution, as amended, as follows #773-94 RESOLVED, that having considered a communication from the City Planning Commission, dated October 10, 1994, which transmits its resolution 10-173-94, adopted on October 4, 1994 with regard to Petition 94-9-8-21 submitted by Kamp-DiComo Associates, requesting site plan approval in connection with a proposal to construct an addition to the auto dealership located at 32570 Plymouth Road in the Southwest 1/4 of Section 27, 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 94-9-8-21 is hereby approved and granted, subject to the installation of additional landscaping such as a flower bed and/ or shrubs on the eastern portion of the property as recommended, and subject to the following additional conditions 1) That the Site Plan received by the Planning Commission on September 21, 1994 by DiComo Associates is hereby approved and shall be adhered to; 2) That the Landscape Plan received by the Planning Commission on September 21, 1994 by DiComo Associates is hereby approved and shall be adhered to, and that the landscape materials shall be installed prior to the issuance of a Certificate of Occupancy and thereafter permanently maintained in a healthy condition; 3) That the Elevation Plan received by the Planning Commission on September 21, 1994 by DiComo Associates, is hereby approved and shall be adhered to; and 28520 4) That no vans shall be allowed to be parked and exhibited in Lfro:::nt:e:fultthe showroom along Plymouth Road with the follow AYES Feenstra, Kavanagh, Ochala, Toy, Jurcisin, and Taylor NAYS McGee The President declared the resolution, as amended, adopted On a motion by Jurcisin, seconded by Kavanagh, it was RESOLVED, that having considered a communication from the City Planning Commission, dated October 10, 1994, which transmits its resolution 10-174-94, adopted on October 4, 1994, with regard to Petition 94-9-8-22 submitted by McDonald' s Corporation, requesting site plan approval in connection with a proposal to construct an addition to the restaurant located at 15399 Middlebelt Road in the Southeast 1/4 of Section 14, 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 94-9-8-22 is hereby approved and granted, subject to the installation of additional landscaping on the property and subject to the following additional conditions 11, 1) That the Site Plan received by the Planning Commission on September 30, 1994 by McDonald' s is hereby approved and shall be adhered to; and 2) That the Elevation Plan defined as A-1 dated September 28, 1994 by McDonald's Corporation is hereby approved and shall be adhered to A roll call vote was taken on the foregoing resolution with the following result AYES Kavanagh and Jurcisin NAYS Feenstra, McGee, Ochala, Toy, and Taylor The President declared the resolution denied On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was #774-94 RESOLVED, that having considered a communication from the City Planning Commission, dated October 10, 1994, which transmits its resolution 10-174-94, adopted on October 4, 1994, with regard to Petition 94-9-8-22 submitted by McDonald' s Corporation, requesting site plan approval in connection with a 28521 proposal to construct an addition to the restaurant located at 15399 Middlebelt Road in the Southeast 1/4 of Section 14, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it was #775-94 RESOLVED, that the Council does hereby refer the matter of the traffic flow from Five Mile Road to the McDonald' s restaurant located at 15399 Middlebelt Road to the Engineering Department for its report and recommendation On a motion by Toy, seconded by McGee, and unanimously adopted, it was #776-94 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 1355 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1994, and ending November 30, 1995, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia (a) The Council does hereby establish a tax levy of 8271 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (b) The Council does hereby establish a tax levy of 1 2407 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (c) The Council does hereby establish a tax levy of 8271 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of 28522 providing additional revenues for library services, supplies and facilities in the City of Livonia; in addition to the amounts authorized to be levied for general municipal purposes; (d) The Council does hereby establish a tax levy of 0154 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia; in addition to the amount which is authorized to be levied for general municipal purposes, (e) The Council does hereby establish a tax levy of 2 4813 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 298 of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (f) The Council does hereby establish a tax levy of 0445 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of debt retirement on the 1965 and 1968 Fire Station Bond Issue; in addition to the amount which is authorized to be levied for general purposes; (g) The Council does hereby establish a tax levy of 0912 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of debt retirement on the Park and Recreational Facilities Bond Issue, Series I and Series II, in addition to the amount which is authorized to be levied for general municipal purposes; (h) The Council does hereby establish a tax levy of 2023 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of debt retirement on the 1978 Street Improvement Bonds, Series III; in addition to the amount which is authorized to be levied for general municipal purposes; (i) The Council does hereby establish a tax levy of 4060 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of debt retirement on the 1990 Street Improvement Bond, Series I, Series II, Series 28523 III and Series IV, in addition to the amount which is authorized to be levied for general municipal purposes; (j) The Council does hereby establish a tax levy of 6115 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs; in addition to the amount authorized to be levied for general municipal purposes; (k) The Council does hereby establish, contingent upon the passage of Proposal 1 by the majority of qualified electors at the General Election to be held November 8, 1994, a tax levy of 1 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia for the purpose of hiring and thereafter maintaining 23 full-paid non-supervisory patrol officers in addition to the total number of full-paid non-supervisory police officers existing as of August 31, 1994 in the City of Livonia; in addition to the amount to be levied for general municipal purposes; (1) The Council does hereby establish, contingent upon the passage of Proposal 2 by the majority of qualified electors at the General Election to be held on November 8, 1994, a tax levy of 08 mills, of the State Equalized Assessed Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia for the purposes of providing additional revenues for adding law enforcement officers who shall be assigned to streets and roads duties in the Patrol Division of the Police Department of the City of Livonia and for their equipment and training needs; in addition to the amount to be levied for general municipal purposes; and provided FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #777-94 RESOLVED, that the Council hereby determines that the Annual Budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 1994, and ending November 30, 1995, as shown in the Budget document in Section I, 28524 submitted by the Mayor to the Council on September 14, 1994, pursuant to Section 3, Chapter VII of the City Charter, be and hereby is determined and adopted, as revised, and appropriations made as provided by the City Charter; provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 10, 1994; after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City on October 3, 1994; and provided FURTHER, that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the minutes of this meeting On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #778-94 RESOLVED, that in accordance with the provisions of Chapter 20 of Act 40 of the Public Acts of 1956, otherwise known as the Drain Code of 1956, and in order to raise the sum necessary to pay Installment No 30 of the assessment for improving Livonia Drain No 19, which installment is due April 1, 1995, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1995; and the Council of the City of Livonia does hereby determine that there shall be and does hereby establish a tax levy of 0214 mills, of the State Equalized Valuation of all real and personal property subject to taxation to meet and pay the said installment and interest payment and, in this connection, the City Council does hereby elect to have such tax levy spread upon the County tax roll; and the Wayne County Bureau of Taxation, Office of the Wayne County Drain Commission, City Treasurer, City Assessor and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was #779-94 RESOLVED, that having considered a communication dated October 5, 1994, from the Department of Law transmitting for Council acceptance two (2) Grants of Easement and one (1) Quit Claim Deed, more particularly described as (1) Grant of Easement dated September 29, 1994, executed by John LS Wheeler, a single man, to the City of Livonia, for Public Utilities and Surface Drainage Easement 28525 The south six feet of the following parcel of land Part of Lot 536 of "Supervisor' s Livonia Plat No 9" of part of the S E 1/4 of Section 30, T 1 S , R 9 E , as recorded in Liber 66, Page 60 of Plats, Wayne County Records, more particularly described as follows commencing at the S W corner of Lot 536, thence N 01°54' 10" W 184 66 feet along the west line of Lot 536 to the point of beginning; thence continuing along said west line of Lot 536 N 01°54' 10" W 186 56 feet; thence N 88°05' 50" E 71 52 feet; thence S 01°54' 10" E 186 56 feet along the east line of Lot 536; thence S 88°0550" W 71 52 feet to the point of beginning (Sidwell No 120-02-0536-002) (2) Grant of Easement dated September 29, 1994, executed by John S Wheeler, a single man, to the City of Livonia, for Public Utilities and Surface Drainage Easement The north six feet of the following parcel of land Part of Lot 536 of "Supervisor' s Livonia Plat No 9" of part of the S E 1/4 of Section 30, T 1 S , R 9 E , as recorded in Liber 66, Page 60 of Plats, Wayne County Records, more particularly described as follows commencing at the S W corner of Lot 536; thence N 01°54' 10" W 28 09 feet along the west line of Lot 536 to the point of beginning; thence continuing along said west line of Lot 536 N 01°54' 10" W 156 57 feet; thence N 88°05' 50" E 71 52 feet; thence S 01°54' 10" E 177 12 feet along the east line of Lot 536; thence N 75°52' 20" W 74 41 feet along the proposed 60' R 0 W line of Plymouth Road to the point of beginning (Sidwell No 120-02-0536-001) (3) Quit Claim Deed dated September 2, 1994, executed by John S Wheeler, a single man, to the City of Livonia, for Part of Lot 536 of "Supervisor's Livonia Plat No 9" of part of the S E 1/4 of Section 30, T 1 S , R 9 E , as recorded in Liber 66, Page 60 of Plats, Wayne County Records, more particularly described as follows commencing at the S W corner of Lot 536; thence north 01°54' 10" west, 28 09 feet along the west line of Lot 536 to a point; thence south 75°52' 20" east, 74 41 feet; thence south 01°54' 10" east, 28 09 feet to the S E corner of said Lot 536; thence north 75°52'20" west, 74 41 feet to the point of beginning (Plymouth Road Right-of-Way - Tax Parcel No 120-02-0536- 001) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grants of Easement and Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution 28526 On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was #780-94 RESOLVED, that having considered a communication dated October 13, 1994, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as Grant of Easement dated June 9, 1994, executed by Steve M Olenczuk and Kathrine S Dillinder, to the City of Livonia, for The east 10 feet of the following parcel of land Part of the Southeast 1/4 of Section 4, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more particularly described as commencing at the south 1/4 corner of said Section 4; thence north 00°09' 55" east, 215 0 feet along the north and south 1/4 line of said Section 4 and the centerline of Gill Road; thence north 89°53' 35" east, 43 00 feet to the point of beginning; thence north 00°0955" east, 124 15 feet along the east line of Gill Road (86 feet wide) ; thence south 89°50' 05" east, 206 32 feet; thence south 00°09' 55" west, 123 17 feet to the north line of Seven Mile Road (120 feet wide) ; thence south 89°53' 35" west, 206 32 feet along the north line of Seven Mile Road (120 feet wide) to the point of beginning (Parcel No 016-99-0009-006) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by McGee, seconded by Jurcisin, and unanimously adopted, it was #781-94 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #574-82 so as to permit consideration of items that do not appear on the agenda On a motion by Feenstra, seconded by Jurcisin, it was #782-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 19, 1994, submitted pursuant to Council Resolution 277-94 in connection with Petition 94-2-8-2, submitted by Rally' s Hamburgers, Inc , requesting site plan approval in connection with a proposal to construct a structural canopy on the restaurant located at 33500 Plymouth Road in Section 26, the Council does hereby determine to take no further action 28527 A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, McGee, Jurcisin, and Taylor NAYS Kavanagh, Ochala, and Toy The President declared the resolution adopted On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #783-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 19, 1994, submitted pursuant to Council Resolution 315-94 in connection with a communication from Councilmember Sean P Kavanagh, dated April 13, 1994, with regard to the issue of video machine/slot machine activity at Ladbroke/DRC and a non-binding referendum to be placed on the November, 1994 ballot, the Council does hereby determine to take no further action On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #784-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 19, 1994, submitted pursuant to Council Resolution 377-94, in connection with the report and recommendation of the Department of Law, dated April 19, 1994, to which is attached three alternative proposed amendments to Paragraph 1 of Section 3 04 140E of the Local Bidders Preference Ordinance, the Council does hereby refer this item to the Department of Law for preparation of a proposed ordinance amendment based upon draft "A" with the additional deletion of Section 3 04 140E2b and the substitution of the phrase "for at least one calendar year" in lieu of the phrase "within the past year" in Section 3 04 140E2 of the Local Bidders Preference Ordinance On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #785-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 19, 1994, submitted pursuant to Council Resolution 401-94 with regard to the subject of encroachment of signs, including awnings, on public rights-of-way, the Council does hereby refer this item to the Department of Law for preparation of an ordinance amending Section 12 04 230 of the Livonia Code of Ordinances, as amended, with respect to awnings, signs and other encroachments in the public right-of-way and including therein a provision that right- of-way encroachment relief may be granted only by Council resolution 28528 On a motion by Feenstra, seconded by McGee, it was #786-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated October 19, 1994, submitted pursuant to Council Resolution 651-94 in connection with a communication from the City Planning Director, dated August 25, 1994, which transmits resolution 94-1 adopted by the Plymouth Road Development Authority on June 2, 1994, with regard to the bylaws for the Plymouth Road Development Authority, the Council does hereby approve the bylaws as amended by the Plymouth Road Development Authority A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor NAYS Toy The President declared the resolution adopted On a motion by Jurcisin, seconded by Feenstra, it was #787-94 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Crucam, Inc , dated August 1, 1994, and certain revisions to such Application, dated October 21, 1994, covering new industrial facilities to be located within City of Livonia Industrial Development District No 55; 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 Crucam, 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 24, 1994 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, Crucam, 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 28529 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 Crucam, Inc (as revised) covering new industrial facilities to be located within the City of Livonia Industrial Development District No 55, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P A 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra, McGee, Kavanagh, Jurcisin, and Taylor NAYS Ochala and Toy The President declared the resolution adopted During the audience communication portion of the meeting, K C Mueller, 1115 S Main Street, Plymouth, asked for a clarification regarding the proposed lot split in Item #4 On a motion by Toy, seconded by Kavanagh, and unanimously adopted, this 1, 283rd Regular Meeting of the Council of the City of Livonia was adjourned at 9 40 p m , October 26, 1994 1/7/419(1;;11 / J qn McCotter, City Clerk