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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-11-21 28552 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTY-FIFTH 11. REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 21, 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 00 p m Councilmember Kavanagh delivered the invocation Roll was called with the following result Sean P Kavanagh, Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, Michael P McGee, and Gerald Taylor Absent Ron Ochala (personal business) Elected and appointed officials present Robert D Bennett, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K White, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; Elizabeth Todd, Deputy Treasurer; Robert Bishop, Treasurer; and William C Fried, Municipal Building Authority On a motion by Toy, seconded by McGee, and unanimously adopted, it was #809-94 RESOLVED, that the minutes of the 1,284th Regular Meeting of the Council of the City of Livonia, held November 9, 1994, are hereby approved as submitted There was no audience communication at the beginning of the meeting Council President Taylor referred to the Law Department a communication he received from Peter F Tynan, 17862 Country Club, Livonia, asking various questions pertaining to the term limits issue that was on the November 8, 1994 General Election ballot On a motion by Feenstra, seconded by Jurcisin, it was #810-94 RESOLVED, that having considered a letter from Leslie Snow, 18774 Renwick, Livonia, Michigan 48152, dated October 28, 1994, with regard to the Church of Jesus Christ of Latter-day Saints 7th Annual Christmas Creche Exhibit (nativity scenes) to 28553 be displayed in the church building on the corner of Six Mile Road and Merriman, and wherein permission is requested to place signs at the following locations throughout the City from November 21, 1994 through December 5, 1994 1) (1) 4' x 5' wooden sign on the lawn of the church directly in front of the building, set back at least 10 feet from the sidewalk on the south side of the property; 2) (2) 3' x 4' two-sided sandwich board signs located on the lawn of the church at each driveway (one off of Six Mile and one off of Merriman) set back at least 10 feet from the sidewalk; 3) (16) wire lawn signs (size 11" x 14") with these words "Nativity Exhibit" Dec 2 - 5 Corner of Six Mile and Merriman at the following corners Five Mile and Newburgh; Six Mile and Newburgh; Seven Mile and Newburgh; Eight Mile and Newburgh; Five Mile and Merriman; Seven Mile and Merriman; Eight Mile and Merriman; Five Mile and Levan; Six Mile and Levan; Seven Mile and Levan; Six Mile and Middlebelt; Lyndon and Farmington; Seven Mile and Farmington; Five Mile and Hubbard; Merriman Road Post Office; and Newburgh Road Post Office; the Council does hereby concur in and approve this request in the manner and form herein submitted #811-94 RESOLVED, that having considered a communication from the Housing Director, dated October 27, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the sale of City-owned property located at 11812 Haller, Livonia, Michigan 48150, and more particularly described as follows Part of the SW 1/4 of Section 25, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a L point distant S 87° 13' E 1327 93 ft thence N 02° 47' E 962 0 ft , thence S 77° 54' 10" W 155 76 ft from the SW corner of Section 25; thence N 87° 13' W 267 04 ft thence S 02° 54' 30" W 71 0 ft thence N 77° 54' 09" E 276 47 ft to the point of beginning 21 ac 28554 to the City of Livonia acting by and through the Livonia Housing Commission for a total purchase price of $89, 000 00 to be 110, expended from Federal grant monies awarded in the Annual Contributions Contract for utilization in the public housing development program, the action herein being taken in order to best serve the interests of the community and in accordance with Section 3 05 090C of the Livonia Code of Ordinances, as amended; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution; and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction; FURTHER, the proceeds of the sale shall be used to reimburse the Community Development Block Grant program A communication from the Livonia Housing Commission, dated November 1, 1994, re the McNamara Towers modernization grant award from the U S Department of Housing and Urban Development (HUD) for improvement programs for the McNamara Tower #1 and #2 was received and placed on file for the information of the Council #812-94 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated October 31, 1994, approved for submission by the Mayor, and to which is attached a copy of a letter from Lawrence F Drummy of Perry & Drummy, Inc , dated October 24, 1994, the Council does hereby authorize an extension of the City's current agreement with Hertz Claims Management Corporation, 33533 W Twelve Mile Road, Suite 350, Farmington Hills, MI 48331, wherein Hertz Claims Management Corporation would be the third party administrator of the City's self-insurance short-term disability program at a cost of $1 08 per month per eligible employee (estimated cost of $8, 748 00) , and which agreement would be for the period December 1, 1994 through November 30, 1995; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Sections 3 04 140D2 and 4 of the Livonia Code of Ordinances, as amended #813-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 27, 1994, approved for submission by the Mayor, the Council does hereby authorize the release to ACO Development, Inc , 9766 Joy Road, Plymouth, Michigan 48170, the proprietor of Gill Orchards Subdivision, located in the Southeast 1/4 of Section 4, of the financial assurances previously deposited with respect to the Sidewalk Improvements in the sum of $21, 700 00 (of which $2,000 00 is in cash) , and the Cash Payment in the amount of $2, 400 00 relative to Grading and Soil Erosion Control, pursuant 28555 to Council Resolution 663-89, adopted on July 17, 1989; and the Laction herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia #814-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 1, 1994, approved for submission by the Mayor, the Council does hereby authorize the release to Excalibur Development Company, Inc and Elaine J Beresh, 31731 Northwestern Highway, Suite 257 West, Farmington Hills, MI 48334, the proprietor of Caliburn Estates Subdivision No 1, located in the Northwest 1/4 of Section 8, of the financial assurances previously deposited with respect to the General Improvements in the sum of $47, 000 00 ($5, 000 00 minimum cash) , the Sidewalk Bond in the sum of $46,200 00 ($5, 000 00 minimum cash) , the Grading and Soil Erosion Control Bond in the sum of $5,100 000 ($2, 000 00 minimum cash) , Entrance Markers in the sum of $5, 000 00 ($2, 000 00 minimum cash) and the Cash Payment in the amount of $1,400 00 relative to the placement of Survey Monuments and Lot Markers, pursuant to Council Resolution 662-89, adopted on July 17, 1989, and subsequently amended in Council Resolution 665-90; and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia #815-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 1, 1994, approved for submission by the Mayor, the Council does hereby authorize the release to Excalibur Development Company, Inc and Elaine J Beresh, 31731 Northwestern Highway, Suite 257 West, Farmington Hills, MI 48334, the proprietor of Caliburn Manor Subdivision No 1, located in the Northeast 1/4 of Section 7, of the financial assurances previously deposited with respect to the General Improvements Bond in the sum of $75, 000 00 ($7,500 00 minimum cash) , the Sidewalk Bond in the sum of $62, 000 00 ($5, 000 00 minimum cash) , the Grading and Soil Erosion Control Bond in the sum of $4, 500 00 ($2, 000 00 minimum cash) , Entrance Markers in the sum of $29, 000 00 ($3, 000 00 minimum cash) , and the Cash Payment in the amount of $1, 510 00 relative to the placement of Survey Monument and Lot Markers, pursuant to Council Resolution 185-90, adopted on February 28, 1990, and subsequently amended in Council Resolution 666-90; and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia #816-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 2, 1994, which bears the signature of the Finance Director and is approved 28556 for submission by the Mayor, regarding replacement and/or construction of new sidewalks in the City of Livonia pursuant to the 1992 Sidewalk Repair Program at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution Nos 181-92, 769-93 and 616-94, and in accordance with the provisions of Section 12 04 340 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of Wednesday, February 8, 1995 at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution #817-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 2, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which submits a request for an additional appropriation in connection with the 1992 Sidewalk Program, the Council does hereby authorize an appropriation in the amount of $15,000 00 from the $12 Million General Obligation Road Improvement Bond Issue to pay the contractor, Core Concrete Construction Company, for additional work that was done with the provision that the Bond Issue be reimbursed at such time as funds are subsequently received from the payment of bills and assessments by affected property owners #818-94 RESOLVED, that having considered a communication from the City Planning Commission, dated November 7, 1994, which transmits its resolution 11-183-94, adopted on November 1, 1994, with regard to Petition 94-9-2-29, submitted by Quality Dining, Inc , requesting waiver use approval to operate a full-service restaurant to be located in an existing shopping center located on the north side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Southwest 1/4 of Section 8, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 94-9-2-29 is hereby approved and granted, subject to the following condition That the maximum number of customer seats shall be limited to 54 #819-94 RESOLVED, that having considered a communication from the Council President, dated November 7, 1994, to which is attached a proposed schedule of Council Study and Regular 28557 Meetings for the period January 1, 1995 through December 31, 1995, the Council does hereby approve the following dates for City Council Meetings for 1995, subject to change with notice STUDY MEETINGS REGULAR MEETINGS JANUARY Monday, January 9 1995 Wednesday, January 18 Monday, January 23 Monday, January 30 FEBRUARY Wednesday, February 1 1995 Wednesday, February 8 Monday, February 13 Wednesday, February 22 MARCH Monday, February 27 1995 Wednesday, March 8 Wednesday, March 15 Wednesday, March 22 APRIL Monday, March 27 1995 Wednesday, April 5 Monday, April 10 Wednesday, April 19 MAY Monday, April 24 1995 Wednesday, May 3 Monday, May 8 Wednesday, May 17 JUNE Monday, May 22 1995 Monday, June 5 Wednesday, June 14 Wednesday, June 21 JULY Monday, June 26 1995 Monday, July 10 Monday, July 17 Monday, July 24 AUGUST Wednesday, July 26 1995 Monday, August 14 Monday, August 21 Wednesday, August 30 SEPTEMBER Wednesday, September 6 1995 Wednesday, September 13 Monday, September 18 Wednesday, September 27 OCTOBER Monday, October 2 1995 Wednesday, October 11 Monday, October 16 Wednesday, October 25 NOVEMBER Monday, October 30 1995 Wednesday, November 8 Monday, November 13 Monday, November 20 DECEMBER Monday, November 27 1995 Monday, December 4 Monday, December 11 Wednesday, December 20 28558 #820-94 RESOLVED, that the Council having considered a communication from the City Engineer, dated November 2, 1994, approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 16 24 310 of the Livonia Code of Ordinances, as amended, wherein it is required that street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Hunters Pointe Subdivision and the areas immediately east thereof that have been established by lot splits, located in the Southeast 1/4 of Section 30, T 1S , R 9E , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of November 2, 1994, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, January 9, 1995 at 7 00 p m as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code A roll call vote was taken on the foregoing resolutions with the following result AYES Kavanagh, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS None On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #821-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 16, 1994, submitted pursuant to Council Resolution 805-94 in connection with a communication from the City Planning Commission, dated September 26, 1994, which transmits its (REVISED PAGE-SEE CR#821-94) 28559 resolution 9-158-94, adopted on September 20, 1994, with regard to Petition 94-9-2-28 submitted by Ramco-Gershenson, Inc requesting site plan approval in connection with its petition for waiver use approval with regard to a proposal to construct a Builders Square store on property located on the south side of Seven Mile Road between Middlebelt and Melvin Roads in the Northeast 1/4 of Section 11, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby reject the recommendation of the Planning Commission and the site plan submitted in connection with Petition 94-9-2-28 is hereby approved and granted, subject to the following conditions 1) That the Site Plan prepared by Professional Engineering Associates, revised, dated 10-19-94, Job #94-146, Drawing #6, is hereby approved and shall be adhered to; 2) That the Building Elevation Plan prepared by Furman & Furman, Architects, Job #94-35, Drawing #EL-1, dated 10-11-94, as modified to provide for a four foot custom concrete base along the front of the building and the garden shop and that the first two horizontal accent strips will be made of the same custom concrete brick, is hereby approved and shall be adhered to; and 3) That the Landscape Plan drawn by Professional Engineering Associates, dated 10-20-94, Job #94-146, Drawing #1, as revised, with evergreen trees to be planted 15 feet on center and that such evergreen trees shall be no less than 8 feet high at the time of planting Also, that three of the seven canopy trees shown along the south property line shall be Crimson King Maples and that the subject landscape plan is hereby approved and shall be adhered to NOTE Petitioner has agreed to provide, in conjunction with the participation and cooperation of Art Van Furniture, additional foliage on the Art Van property line where no wall exists On a motion by Toy, seconded by McGee, and unanimously adopted, it was #822-94 RESOLVED, that the Council does hereby refer back to the Committee of the Whole for an additional report and recommendation 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 On a motion by Jurcisin, seconded by Toy, it was (REVISED PAGE-SEE CR #823-94) 28560 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 16, 1994, submitted pursuant to Council Resolution 801-94 in connection with a communication from the City Planning Commission, dated October 25, 1994, which transmits its resolution 10-181-94, adopted on October 18, 1994, with regard to Petition 94-10-8-24 submitted by Dorchen/Martin Associates, requesting site plan approval in connection with a proposal to construct an addition to the McDonald's Restaurant located at 19311 Farmington Road in the Southeast 1/4 of Section 4, 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 94-10-8-24 is hereby approved and granted, subject to the extension of the McDonald's roof line on both sides of the building (north and south) and subject to the following additional conditions 1) That the Site Plan, defined as SP-1 dated 9/30/94, as revised, by Dorchen/Martin Associates, Inc , is hereby approved and shall be adhered to; 2) That the Landscape Plan, defined as Sheet LS-1 dated 6/21/94 by Dorchen/Martin Associates, Inc , is hereby approved and shall be adhered to; 3) That the Elevation Plan defined as Sheet A-1 dated 11/8/94, Las revised, by Dorchen/Martin Associates, Inc , is hereby approved and shall be adhered to; and 4) That the wall sign shown on the approved Elevation Plan is hereby approved and shall be adhered to On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #823-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 16, 1994, submitted pursuant to Council Resolution 801-94 in connection with a communication from the City Planning Commission, dated October 25, 1994, which transmits its resolution 10-181-94, adopted on October 18, 1994, with regard to Petition 94-10-8-24 submitted by Dorchen/Martin Associates, requesting site plan approval in connection with a proposal to construct an addition to the McDonald's Restaurant located at 19311 Farmington Road in the Southeast 1/4 of Section 4, 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 94-10-8-24 is hereby approved and granted, subject to the following conditions 1) That the Site Plan, defined as SP-1 dated 11/18/94, as revised, by Dorchen/Martin Associates, Inc , is hereby approved and shall be adhered to; (REVISED PAGE-SEE CR #823-94) 28561 2) That the Landscape Plan, defined as Sheet LS-1 dated 11/18/94 by Dorchen/Martin Associates, Inc , is hereby approved and shall be adhered to; 3) That the Elevation Plan defined as Sheet A-1 dated 11/18/94, as revised, by Dorchen/Martin Associates, Inc , is hereby approved and shall be adhered to; and 4) That the wall sign shown on the approved Elevation Plan is hereby approved and shall be adhered to Jurcisin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 130 OF TITLE 6, CHAPTER 04 (DOGS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting McGee gave first reading to the following Ordinance irs AN ORDINANCE ADDING SECTIONS 070 AND 080 TO TITLE 8, CHAPTER 44 (ANTIBLIGHT REGULATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 94-4-1-10) A roll call vote was taken on the foregoing Ordinance with the following result 28562 AYES Kavanagh, Toy, Jurcisin, Feenstra, McGee, and Taylor 1,0 NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 30 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 94-6-1-12) A roll call vote was taken on the foregoing Ordinance with the following result AYES Kavanagh, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 94-6-1-13) A roll call vote was taken on the foregoing Ordinance with the following result AYES Kavanagh, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 28563 Kavanagh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 150 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Kavanagh, Toy, Jurcisin, Feenstra, and McGee NAYS Taylor The President declared the foregoing Ordinance duly adopted, and would become effective on publication Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 140 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SUBSECTION E A roll call vote was taken on the foregoing Ordinance with the following result AYES Kavanagh, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by McGee, seconded by Feenstra, and unanimously adopted, it was #824-94 RESOLVED, that having considered a communication from Mark A Chadwick, Attorney at Law, 1500 Woodward, Suite 100, Bloomfield Hills, MI 48340, dated October 26, 1994, and a subsequent communication dated November 2, 1994 from Mr Chadwick, representing the Record Collector, 28143 Eight Mile Road, Livonia, Michigan, wherein a proposed amendment to the Secondhand Merchandise Dealer Ordinance (Chapter 5 76 of the Livonia Code of Ordinances, as amended) is requested in order to exempt the buying and selling of compact discs, the Council does hereby determine to deny this request 28564 On a motion by Kavanagh, seconded by Toy, it was #825-94 RESOLVED, that the Council does hereby refer the subject of the buying and selling of used compact discs by secondhand merchandise dealers to the Chief of Police for a report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES Kavanagh, Toy, Jurcisin, McGee, and Taylor NAYS Feenstra The President declared the resolution adopted On a motion by Kavanagh, seconded by Toy, it was #826-94 RESOLVED, the Council does hereby refer the subject matter of secondhand merchandise dealers to the Legislative Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES Kavanagh, Toy, Jurcisin, McGee, and Taylor NAYS Feenstra The President declared the resolution adopted On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #827-94 RESOLVED, that having considered a communication from the City Assessor, dated October 31, 1994, approved for submission by the Mayor, with regard to a request from Ms Catherine Randazzo, 19200 Merriman Court, 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 determine to deny the request for dividing Tax Item No 46 007 99 0032 000 into two 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 On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was 28565 #828-94 RESOLVED, that having considered the report and recommendation of the City Treasurer, dated November 4, 1994, which is concurred in by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize an extension of the City' s current agreement with Mr Andrew J Ferkovich and Mr Walter Smerecki, A & W Collections, 6350 Napier Road, Plymouth, Michigan 48170, for collection of personal property taxes, with the understanding that the Treasurer's Office shall send one additional notice to the taxpayer prior to turning over the collection of such taxes to A & W Collections, the cost of which service is to be taken from 1% per month interest and 4% collection fees and which agreement would be for the period December 1, 1994 through November 30, 1996 and will be subject to cancellation by either party upon giving sixty (60) days notice and which agreement is herein made subject to approval as to form by the Department of Law; and the Mayor and City Clerk are hereby authorized to execute such contract, as revised, for and on behalf of the City of Livonia with the aforesaid company; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Sections 3 04 140D2 and 4 of the Livonia Code of Ordinances, as amended On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was #829-94 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 12, 1994, and the report and recommendation of the Chief of Police, dated October 27, 1994, approved for submission by the Mayor, the Council does hereby approve of the request from Barbara S Friedman, Pamela S Friedman, James E Pearson and Ronald Louis Anderson, stockholders in BM-Woodbridge Place 65, Inc for transfer of ownership of a 1993 Class C licensed business (in escrow) with Dance Permit and Sunday Sales Permit from Matt M, Inc for a business located at 19170 Farmington Road, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission Kavanagh left the podium at 8 46 p m in order to avoid a perceived impropriety regarding the next Agenda item On a motion by Toy, seconded by McGee, it was #830-94 RESOLVED, that having considered a communication from the City Planning Commission, dated November 7, 1994, which transmits its resolution 11-185-94, adopted on November 1, 1994, with regard to Petition 94-9-2-31, submitted by Edward C Brown, requesting waiver use approval to remodel and expand a portion of an existing building on property located at the northeast corner of Hubbard Avenue and Plymouth Road in the Southeast 1/4 of 28566 Section 27, which property is zoned C-2, 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 foregoing resolution with the following result AYES Toy, Jurcisin, McGee, and Taylor NAYS Feenstra The President declared the resolution adopted Kavanagh returned to the podium at 8 47 p m On a motion by McGee, seconded by Jurcisin, and unanimously adopted, it was #831-94 RESOLVED, that having considered a communication from the City Planning Commission, dated November 7, 1994, which transmits its resolution 11-188-94, adopted on November 1, 1994, with regard to Petition 94-10-8-25 submitted by Robert S Gazall, requesting site plan approval in connection with a proposal to construct an addition to the Horizon Health Center located at 19900 Haggerty Road in the Northwest 1/4 of Section 6, 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 94-10-8-25 is hereby approved and granted, subject to the following conditions 1) That the Site Plan defined as Sheet 1 dated October 18, 1994 by Gazall, Reno & Associates, is hereby approved and shall be adhered to; 2) That the Landscape Plan defined as Sheet 4 dated October 18, 1994 by Gazall, Reno & 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 permit and thereafter permanently maintained in a healthy condition; 3) That the Elevation Plan defined as Sheet 6 dated October 18, 1994 by Gazall, Reno & Associates, is hereby approved and shall be adhered to; and 4) That any signage shown on the above plans is not approved at this time and that all signage shall come back before the Planning Commission for separate approval On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was 28567 #832-94 RESOLVED, that having considered a communication from the City Planning Commission, dated September 9, 1994, which sets forth its resolution 8-148-94, adopted on August 30, 1994, with regard to Petition 94-6-1-15, submitted by Westland Industrial Park and Modern Builders Supply, Inc for a change of zoning of property located on the west side of Mayfield Avenue, north of Plymouth Road in the Southwest 1/4 of Section 27, from P to M-1, and the Council having conducted a public hearing with regard to this matter on November 14, 1994, pursuant to Council Resolution 676-94, the Council does hereby approve Petition 94-6-1-15 for preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #833-94 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Air Gage Company, dated October 4, 1994, covering new industrial facilities to be located within City of Livonia Industrial Development District No 23; 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 Air Gage Company, 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, November 14, 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, Air Gage Company, finds and determines (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be (REVISED PAGE) 28568 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 Air Gage Company covering new industrial facilities to be located within the City of Livonia Industrial Development District No 23, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P A 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the Board upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facility Exemption Certificates On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was #834-94 RESOLVED, that having considered a communication from the Director of Community Resources, dated November 4, 1994, approved by the Finance Director and approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a donation in the amount of $100 00 from the Northwest Detroit Coin Club to the Livonia Youth Assistance Program and does for this purpose deposit and credit the same to Account No 702-000-285-215 No one spoke during the audience communication portion at the end of the meeting Councilmember Feenstra shared with the viewing audience his daughter Kristen's upcoming birthday on Thanksgiving Day, as well as her recent engagement to be married to Dino Poulos On a motion by Toy, seconded by Jurcisin, and unanimously adopted, this 1,285th Regular Meeting of the Council of the City of Livonia was adjourned at 8 52 p m , November 21, 1994 J••n McCotter, City Clerk