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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-10-12 28479 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 12, 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 07 p m Councilmember Jurcisin delivered the invocation Roll was called with the following result Dale A Jurcisin, Michael P McGee, Sean P Kavanagh, Ron Ochala, and Gerald Taylor Absent Fernon P Feenstra (representing the City in another capacity) and Laura M Toy (ill) 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; Ronald Reinke, Superintendent of Parks and Recreation; Michael T Slater, Finance Director; Robert J Beckley, Director of Public Works; Sue Daniel, Historical Commission; and Dorothy Wilshaw, Arts Commission On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was #694-94 RESOLVED, that the minutes of the 1, 281st Regular Meeting of the Council of the City of Livonia, held September 28, 1994, are hereby approved as submitted On a motion unanimously introduced, seconded and adopted, it was #695-94 WHEREAS, the "Gilda's Club" is named in honor of the late comedienne Gilda Radner who realized that people with cancer needed to be with other people with cancer; and WHEREAS, together these individuals would have each others social and emotional support, as well as that of their families and friends; and WHEREAS, it was the wish of Gilda Radner that some day cancer patients would have a place of their own, a place of love and sharing, where no one would have to face cancer alone, and 28480 WHEREAS, the Founding Committee of the Metro Detroit Gilda' s Club, Bernice, Marcia, Jacqueline, Ina, Geri, Maureen, and Sherry, are committed to creating a facility that would provide support groups for individuals, their family members and their friends with a special place to go where they can find emotional support, workshops, special events to encourage their spirit, a place where information can be found and exchanged which would help them through this difficult time NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Livonia do hereby support the endeavors of the Gilda' s Club in their effort to make Metro Detroit Gilda' s Club a reality and ask that the citizens of Livonia support Gilda' s Family Walk and Block Party to be held on Sunday, October 23, 1994 at Cobo Center Jeremiah Riordan, 34934 Parkdale, spoke during the audience communication portion of the meeting regarding damage he has incurred to his lawn due to repairs made to the streets and curbs A communication from the Director of Finance, dated September 20, 1994, forwarding various financial statements of the City of Livonia for the month ending August 31, 1994 was received and placed on file for the information of the Council On a motion by Ochala, seconded by Kavanagh, it was #696-94 RESOLVED, that having considered a communication from several individuals residing on Sunbury Street, Livonia, Michigan 48154, received by the Office of the City Clerk on September 20, 1994, wherein it is requested that sidewalks be installed on Sunbury Street between Five Mile Road and Jamison in Section 24, the Council does hereby request that the Engineering Department submit its report and recommendation with respect to completing the work requested in accordance with the procedures set forth in Section 12 04 340, et. sea. (Single Lot Assessment) of the Livonia Code of Ordinances #697-94 RESOLVED, that having considered a letter from Sharon Evans, 38117 Bloomfield Drive, Livonia, Michigan 48154, dated September 26, 1994, requesting that the fee for dog licenses be reduced if the dog has been neutered or spayed, the Council does hereby request that the Department of Law prepare an ordinance for submission to Council amending Section 6 04 130 of the Livonia Code of Ordinances to reduce the fees for dog licenses for neutered or spayed dogs 28481 #698-94 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated September 21, 1994, which bears the signature of the Director of Community Resources, is approved by the Director of Finance and approved for submission by the Mayor, with regard to the renewal of the contract between the City of Livonia and Suzanne Daniel, a member of the Livonia Historical Commission, as designated by the Commission, authorizing the purchase by this member of artifacts and furnishings, the Council does hereby authorize the said extension in the manner and form herein recommended for a one- year period, commencing October 5, 1994, the said one-year extension to be based upon the same terms and conditions as those which are set forth in a contract dated June 18, 1986, which contract was previously authorized in Council Resolution 536-86, adopted on June 4, 1986, and thereafter authorized to be renewed in Council Resolutions 488-87, 543-88, 883-89, 67-91, 127-92, 101-93, and 857-93; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said contract extension, which contract shall be prepared by the Department of Law in accordance with the action taken herein #699-94 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated September 16, 1994, approved by the City Attorney and the Finance Director, and approved for submission by the Mayor, and to which is attached a User-Side Subsidy/Specialized Transportation Services Agreement to Provide Specialized Transportation Service for Non-Transferable Handicapped Persons in Northwest Wayne County, Farmington and Farmington Hills, between the City of Livonia and Northwest Transport Co , 31376 Industrial Road, Livonia, Michigan 48150, for the period October 1, 1994 through September 30, 1995, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement, as well as to execute an agreement with SMART for support of this Specialized Services (Lift- Equipped) Transportation Program, provided that the agreement is approved as to form by the Department of Law #700-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated September 19, 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 Spartan Distributors, Inc , 487 W Division, Sparta, Michigan 49345, for supplying the Public Service Division (Golf Course Maintenance Sections) with one (1) self-contained 300-gallon sprayer for a total price of $17,690 00, the same having been in fact the lowest and only bid received and meets all specifications; FURTHER, the Council does hereby appropriate and authorize the sum of $17,690 00 from the Capital Projects Fund (Fund 401) for this purpose 28482 #701-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated September 23, 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 Spartan Distributors, Inc , 487 W Division, Sparta, Michigan 49345, for supplying the Public Service Division (Golf Course Maintenance Sections) with one (1) multi-reel fairway mower for a total price of $20, 914 00, the same having been in fact the lowest bid received which meets all specifications; and the bid of Commercial Turf Equipment L L C is hereby rejected for the reasons indicated in the attachment; FURTHER, the Council does hereby appropriate and authorize the sum of $20, 914 00 from the Capital Projects Fund (Fund 401) for this purpose #702-94 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated September 20, 1994, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Ambrose & Ambrose Municipal Sweeping Corporation, 91 Manchester, Highland Park, Michigan 48203, for completing all sweeping required for the City' s 1994 Leaf Pickup Program at the unit prices bid, the same having been in fact the lowest bid received for this item; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #703-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated September 23, 1994, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the purchase from Morton International, 100 N Riverside Plaza, Chicago, Illinois, of sodium chloride supply for ice control at the unit price bid of $26 36 per ton for the period October 26, 1994, through April 15, 1995, submitted pursuant to the Consortium of Farmington Hills, Southfield and Southfield School District, the same having been in fact the lowest bid received for this item; FURTHER, in the event the aforesaid low bidder is unable to provide the requested supply of sodium chloride to the City, the Council does hereby accept the bid of North American Salt, 8300 College Boulevard, Overland Park, Kansas, at the unit price specified, the same having been in fact the second lowest bid received for this item #704-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated September 21, 1994, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached Amendment No 1 to the Rouge River National Wet Weather 28483 Irm Demonstration Project Grant Finance and Service Agreement, which agreement was previously authorized in Council Resolution 626-93, adopted on August 16, 1993 , and which amendment sets forth the disbursement of the second Federal grant for construction costs, and wherein it is recommended that the attached amendment between the City of Livonia and the County of Wayne be executed, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement, as well as to do all other things necessary or incidental to the full performance of this resolution #705-94 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 23, 1994, approved for submission by the Mayor, and to which is attached a list of adjustments required for the 1994 budget, the Council does hereby authorize the said budget adjustments and transfers in the manner and form set forth in the attachment #706-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 14, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize final payment in the amount of $38, 651 00 to the CSX Railroad which sum includes the full and complete balance due to cover the cost of the purchase of new rubberized crossing material for the Stark Road/CSX Railroad crossing, which purchase was authorized in Council Resolution 43-94, adopted January 26, 1994; FURTHER, the Council does hereby appropriate and authorize the expenditure of the additional sum of $2, 651 00 from the Michigan Transportation Fund (Major Road Account) for this purpose #707-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 15, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to installation of handicap ramps at various intersections of the City, the Council does hereby authorize such work to be added to the 1994 Sidewalk Contract previously awarded to Core Concrete Construction, Inc , 31088 Grennada, Livonia, Michigan 48154; FURTHER, the Council does hereby appropriate and authorize the expenditure of the total sum of $15, 000 00 from the Michigan Transportation Fund (Local Road Account) ; FURTHER, the Council does hereby authorize this additional work without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolutions with the following result AYES Jurcisin, McGee, Kavanagh, Ochala, and Taylor NAYS None 28484 it was by Kavanagh, seconded by McGee, and unanimously adopted, #708-94 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 26, 1994, and submitted pursuant to Council Resolution 615-91, in connection with a report and recommendation of the Superintendent of Parks and Recreation, dated September 23, 1994, and the report and recommendation of the City Engineer, dated September 30, 1994, which bears the signature of the Superintendent of Parks and Recreation and the Director of Finance, and is approved for submission by the Mayor, with regard to bids received for the Bicentennial Park Ball Diamond project as set forth in a list and tabulation attached to the aforesaid report and recommendation, said project having been approved by the State of Michigan at a total project cost estimated to be $271, 400 00, the Council does hereby accept the bid of Nationwide Fence & Supply Co , Inc , 55325 Gratiot, Chesterfield, Michigan 48051, for construction and lighting of three ball diamonds (Proposal A) for the total amount of $299, 357 45, the same having been in fact the lowest bid received and meets all specifications; and the Council does hereby appropriate an additional sum of $45, 702 45 from Capital Projects Fund 401 in addition to the sum of $271, 400 00 previously appropriated for this project in Council Resolution 614-91 (of which $203,300 00 is to be reimbursed by a State of Michigan grant) ; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution; the action herein being subject to the approval of the Michigan Department of Natural Resources On a motion by Kavanagh, seconded by Jurcisin, and unanimously adopted, it was #709-94 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 26, 1994, as well as a communication from the Planning Director, dated October 4, 1993, submitted pursuant to Council Resolution #861-93 adopted on October 25, 1993, the Council does hereby determine to receive and place on file for the information of the Council the "Capital Improvement Program, 1994-1999 " On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was #710-94 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 26, 1994, and submitted pursuant to Council Resolution #840-92, in connection with the matter of forms of City construction contracts and procedure of approving contracts, the Council does hereby determine to take no further action 28485 On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was #711-94 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 26, 1994, and submitted pursuant to Council Resolution #514-93, in connection with the purchase of the IBM AS/400 System, the Council does hereby determine to take no further action On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was #712-94 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 26, 1994, and submitted pursuant to Council Resolution #662-93, in connection with the subject of software requirements for the IBM AS/400 computer, the Council does hereby determine to take no further action On a motion by Kavanagh, seconded by McGee, and unanimously adopted, it was #713-94 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 26, 1994, and submitted pursuant to Council Resolution #546-93, in connection with the question of the allocation and appropriation of savings realized by the City of Livonia by the taking of competitive bids for the transportation and lodging of prisoners, the Council does hereby determine to take no further action On a motion by Kavanagh, seconded by McGee, and unanimously adopted, it was #714-94 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 26, 1994, and submitted pursuant to Council Resolutions #957-92 and #102-93, with regard to the acquisition and development costs of Greenmead for the period 1975 through November 30, 1992, the Council does hereby determine to receive and place on file for the information of the Council the aforementioned report On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was #715-94 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 26, 1994, and submitted pursuant to Council Resolution (CORRECTED 10/31/94-SEE CR 716-94) 28486 #648-94, in connection with the subject of material selection for the City Hall Annex Building exterior wall repairs, the Council does hereby approve the "rose blend" panel brick subject to review of additional panels in the field Jurcisin gave first reading to 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) 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 Kavanagh gave first reading to 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) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Ochala, seconded by McGee, and unanimously adopted, it was #716-94 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 Daniel Walters, 7546 Cardwell, Westland, Michigan 48185, 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 46 131 99 0040 000 into two (2) parcels, the legal descriptions of which shall read as follows PARCEL A Part of the Southwest 1/4 of Section 33, T 1S , R 9E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point on the North and S.,uth 1/4 line of Section 33, distant South 01 degree 57 minutes 35 seconds West 1081.11 (CORRECTED 10/31/94-SEE CR 716-94) 28487 feet from the corner of Section 33, and proceeding thence South 01 degree 57 minutes 35 seconds West 176 94 feet; thence North 86 degrees 32 minutes 55 seconds West 249 52 feet; thence North 01 degree 47 minutes 15 seconds East 190 00 feet; thence South 83 degrees 33 minutes 55 seconds East 250 78 feet to the point of beginning Except the East 33 00 feet Containing 1 1 Acres net Subject to easements of record PARCEL B Part of the Southwest 1/4 of Section 33, T iS , R 9E , City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point distant South 01 degree 57 minutes 35 seconds West 1081 11 feet and North 83 degrees 33 minutes 55 seconds West 250 78 feet from the center of said Section 33 and proceeding thence South 01 degree 47 minutes 15 seconds West 190 00 feet; thence North 86 degrees 32 minutes 55 seconds West 147 50 feet; thence North 01 degree 47 minutes 15 seconds East 197 70 feet; thence South 83 degrees 33 minutes 55 seconds East 147 92 feet to the point of beginning Containing 0 61 Acres net Subject to easements of record 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 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 Kavanagh, seconded by McGee, and unanimously adopted, it was #717-94 WHEREAS, Act 223, P A 1090, as last amended by Act 196, P A 1970 provides for the conveyance of State-owned tax-reverted lands to municipal units for public purposes, and WHEREAS, such lands are under the jurisdiction of the State of Michigan, Department of Natural Resources and are available for acquisition under the provisions of the above-mentioned act and are described as follows 46 029 99 0003 004 Pt of NE 1/4 Sec 8 T1S R9E Beg S 89d 44m lOs W 719 50 ft S OOd 16m 30s E 912 0 ft from NE cor Sec 8 th N 89d 44m lOs E 60 0 ft th S OOd 16m 30s E 1006 0 ft th S 89d 44m lOs W 60 0 ft th N OOd 16m 30s W 1006 0 ft to pob 1 38567 Acre ywrr 28488 46 103 99 0006 003 Pt of SW 1/4 Sec 26 T1S R9E Beg S 700 40 ft and S 89d 29m 00s E 660 04 ft from the W 1/4 car of Sec 26 th S 89d 29m 00s E 660 ft th S 00d 20m 29s W 148 0 ft th N 89d 29m 00s W 660 01 ft th N 00d 20m 29s E 148 0 ft to the pob 2 2424 Acres 46 130 01 0002 001 Lots 2 and 3 exc S 165 ft thereof also E 76 24 ft of Lot 4 exc S 165 ft thereof Supervisor' s Livonia Plat No 1 46 045 01 0087 000 Lot 87 and adj vac Haig St Garden Farms; and WHEREAS, the City of Livonia desires to acquire said lands for purposes of urban renewal, NOW, THEREFORE BE IT RESOLVED, that the City of Livonia is authorized to make application to the State of Michigan, Department of Natural Resources, Lands Division for conveyance of said land to the City of Livonia for a nominal fee as set by the Natural Resources Commission, and FURTHER, BE IT RESOLVED, that the City of Livonia shall set up necessary procedures and controls to provide for the proper distribution of funds arising from the subsequent sale of the 16 acquired property in conformity with the above-mentioned acts, AND, the Council does hereby appropriate and authorize the expenditure of a sum of $75 00 from Account No 101-202-756-000 for this purpose On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was #718-94 RESOLVED, that in accordance with Section 23 01 (a) of Zoning Ordinance 543, as amended, the Council does hereby request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation on the question of whether the property located on the east side of Pershing Avenue, south of Seven Mile Road in the Northeast 1/4 of Section 12 (Tax Parcel No 045-01-0087-000) , Lot 87 and adjacent vacated Haig Street, Garden Farms Subdivision, should be rezoned from R-lA to Nature Preserves McGee made the following disclosure respecting a conflict of interest on this matter Mr President, regarding the next matter, as I have previously disclosed my law firm represents this petitioner from time to time, and although we do not represent them in this matter, I wish to announce the conflict and will abstain from any consideration of this agenda item I refer to my prior 28489 statements and my letter dated February 24, 1992, to the City Clerk on this subject and would ask that these remarks be made part of the official record of this meeting Thank you McGee left the podium at 8 33 p m On a motion by Kavanagh, seconded by Ochala, it was #719-94 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 10, 1994, and the report and recommendation from the Chief of Police, dated September 9, 1994, approved for submission by the Mayor, the Council does hereby determine that it has no objection to and does recommend approval of the request from F & M Distributors, Inc for a new SDM license to be located at 13505 Middlebelt, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, Kavanagh, Ochala, and Taylor NAYS None The President declared the resolution adopted McGee returned to the podium at 8 34 p m On a motion by Ochala, seconded by Kavanagh, it was #720-94 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated June 13, 1994, and the report and recommendation from the Chief of Police, dated September 9, 1994, approved for submission by the Mayor, the Council does hereby approve of the request from Tweeny' s Pizza & Liquor, Inc for transfer of ownership of a 1994 SDD-SDM licensed business from SNY, Inc for a business located at 19191 Merriman, 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 A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, McGee, Kavanagh, and Ochala NAYS Taylor The President declared the resolution adopted 28490 On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #721-94 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated October 5, 1994, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Enviro Vac Services, Inc , 1755 Austin, Troy, Michigan 48083, for completing all work required for seven (7) underground storage tank removals for a total cost of $12, 795 00, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize the transfer of $12, 795 00 from Fund 375, Sewer Separation Bond Debt Reduction Fund, to Account No 101-907-818-035 for this purpose; and the Mayor and the City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, it was #722-94 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated October 5, 1994, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal from Growth Environmental Services, Inc , 27005 Hills Tech Court, Farmington Hills, Michigan 48331, to provide environmental consulting services as required for the UST Program for the period October 15, 1994 to October 1, 1995, at the hourly rates included in their proposal, dated September 8, 1994, not to exceed $9, 000 00; FURTHER, the Council does hereby accept the proposal from GZA GeoEnvironmental, Inc , 38019 Schoolcraft Road, Livonia, Michigan 48150, to provide emergency environmental consulting services required to prepare the 20-day and 60-day MUSTFA reports for the Whispering Willows UST as stated in their proposal, dated September 15, 1994, not to exceed $6, 000 00; FURTHER, the Council does hereby authorize the action herein without competitive bidding for the reasons indicated in the aforesaid communication and the action taken herein being made in accordance with Sections 3 04 140D1 and 3 04 140D2 of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby authorize the transfer of $15,000 00 from Fund 375, Sewer Separation Bond Debt Reduction Fund, to Account No 101-907-818- 035 for such purposes; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute 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 28491 On a motion by Kavanagh, seconded by Ochala, it was #723-94 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 7, 1994, approved for submission by the Mayor, with regard to a proposed amendment to the Finance Ordinance to increase petty cash limits, the Council does hereby refer the matter of increasing the petty cash limit to $50 00 to the Department of Law to prepare an appropriate ordinance amendment to Section 3 04 150 of the Livonia Code of Ordinances for submission to Council A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, McGee, Kavanagh, and Ochala NAYS Taylor The President declared the resolution adopted On a motion by Kavanagh, seconded by Ochala, it was #724-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 23, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, with respect to a proposed miscellaneous storm sewer extension program, the Council does hereby refer the matter of the City's policy regarding determinations of who is responsible (and under what circumstances) for payment of costs of storm sewer extensions to the Water Supply, Drainage, Sewage and Waste Disposal Study Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES McGee, Kavanagh, and Ochala NAYS Jurcisin and Taylor The President declared the resolution adopted On a motion by Ochala, seconded by McGee, and unanimously adopted, it was #725-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 23, 1994, submitted pursuant to Council Resolution #531-93 adopted on July 7, 1993, wherein it is recommended that no further action be taken with regard to a storm sewer extension for Mr and Mrs 28492 Nick Phillips, 29747 Puritan, Livonia, Michigan, the Council does hereby determine to receive and place on file for the information of the Council the aforementioned report On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #726-94 RESOLVED, that having considered a communication from the City Planning Commission, dated September 27, 1994, which transmits its resolution 9-165-94, adopted on September 20, 1994, with regard to Petition 92-11-2-48, submitted by Home Quarters requesting a revised site plan approval in connection with a proposal to construct a commercial building located at 20000 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 92-11-2-48 is hereby approved and granted, subject to the following conditions 1 That the Site Plan, defined as Sheet 1 dated September 12, 1994, by Mickalich and Associates, is hereby approved and shall be adhered to; 2 That the Elevation Plan, defined as Sheet 2 dated September ti40 9, 1994, as revised, by Home Quarters is hereby approved and shall be adhered to; 3 That the site shall be landscaped in conformance with the previously approved landscape plan and the dead and/or dying landscaping is to be replaced as soon as possible and thereafter permanently maintained in a healthy condition; 4 That the site landscaping shall be irrigated by an underground sprinkler system as previously approved; and FURTHER, such approval is subject to the additional condition that modifications as recommended shall be made (i e , Version 2 [modified] of Plan) On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was #727-94 RESOLVED, that having considered a communication from the City Planning Commission, dated September 26, 1994, which transmits its resolution 9-162-94 adopted on September 20, 1994, with regard to Petition 94-9-8-17 submitted by Neumann/ Smith & Associates, requesting approval of all plans in connection with a proposal to expand the existing bank and parking lot on property located at 36700 Five Mile Road in the Southwest 1/4 of Section 17, 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 28493 Commission and Petition 94-9-8-17 is hereby approved and granted, Ihm subject to the following conditions 1 That the Site Plan, defined as Sheet 1 dated September 20, 1994, as revised, by Neumann/Smith & Associates, is hereby approved and shall be adhered to; 2 That the Landscape Plan, defined as Sheet LP 1 0 dated September 20, 1994, as revised, by Neumann/Smith & Associates is hereby approved and shall be adhered to; and that the landscape materials and underground irrigation system 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 Sheet 3 dated September 6, 1994, by Neumann/Smith & Associates is hereby approved and shall be adhered to; 4 That the size of the canopy shall be scaled down as per drawings to be submitted by Neumann/Smith & Associates; and 5 That the parking bays shall be double striped; FURTHER, this approval is subject to the additional condition that landscaping be installed on the east side of the property On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #728-94 RESOLVED, that having considered a communication from the City Planning Commission, dated September 26, 1994, which transmits its resolution 9-163-94 adopted on September 20, 1994, with regard to Petition 94-9-8-18 submitted by Tech Express Corp , requesting approval of all plans required by Section 18 47 of Ordinance No 543, as amended, in connection with a proposal to construct an addition to the gas station located at 29401 Seven Mile Road in the Northeast 1/4 of Section 11, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, it was #729-94 RESOLVED, that having considered a communication from the City Planning Commission, dated August 4, 1994, which sets forth its resolution 7-125-94 adopted on July 26, 1994, with regard to amended Petition 94-4-1-10, submitted by Robert Jacobs of Buddy's Pizza for a change of zoning of property located south of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, from R-9 to P, and the Council having conducted a public hearing with regard to this matter on (REVISED - SEE CR #731-94) 28494 September 21, 1994, pursuant to Council Resolution #579-94, the Council does hereby approve Petition 94-4-1-10 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 Ochala, seconded by McGee, and unanimously adopted, it was #730-94 RESOLVED, that having considered a communication from the City Planning Commission, dated August 4, 1994, which sets forth its resolution 7-126-94 adopted on July 26, 1994, with regard to Petition 94-6-1-12, submitted by Ronald Parz for a change of zoning of property located on the south side of Plymouth Road, east of Jarvis Avenue in the Southeast 1/4 of Section 30 from RC to R-1, and the Council having conducted a public hearing with regard to this matter on September 21, 1994, pursuant to Council Resolution 579-94, the Council does hereby approve Petition 94-6-1-12 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 Ochala, seconded by Kavanagh, and unanimously adopted, it was #731-94 RESOLVED, that having considered a communication from the City Planning Commission, dated August 4, 1994, which sets forth its resolution 7-126-94 adopted on July 26, 1994, with regard to Petition 94-6-1-12, submitted by Ronald Parz for a change of zoning of property located on the south side of Plymouth Road, east of Jarvis Avenue in the Southeast 1/4 of Section 30 from RC to R-1, and the Council having conducted a public hearing with regard to this matter on September 21, 1994, pursuant to Council Resolution 579-94, the Council does hereby refer the matter of the possible vacating of South Drive to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was 28495 #732-94 RESOLVED, that having considered a communication from Lthe City Planning Commission, dated August 4, 1994, which sets forth its resolution 7-127-94 adopted on July 26, 1994, with regard to Petition 94-6-1-13, submitted by Jerry Brady for a change of zoning of property located on the south side of Seven Mile Road between Lathers Avenue and Brentwood Avenue in the North 1/2 of Section 12, from 0 S , C-1 and RUF to R-1, and the Council having conducted a public hearing with regard to this matter on September 21, 1994, pursuant to Council Resolution 579-94, the Council does hereby approve Petition 94-6-1-13 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 Kavanagh, seconded by McGee, and unanimously adopted, it was #733-94 RESOLVED, that having considered a communication from the City Planning Commission, dated August 4, 1994, which sets forth its resolution 7-127-94 adopted on July 26, 1994, with regard to Petition 94-6-1-13, submitted by Jerry Brady for a change of zoning of property located on the south side of Seven Mile Road between Lathers Avenue and Brentwood Avenue in the North 1/2 of Section 12, from 0 S , C-1 and RUF to R-1, and the Council having conducted a public hearing with regard to this matter on September 21, 1994, pursuant to Council Resolution #579-94, the Council does hereby determine on its own motion to request that the City Planning Commission conduct a public hearing on the question of whether the adjacent RUF zone should be rezoned to a more appropriate zoning classification and thereafter submit its report and recommendation to Council On a motion by Ochala, it was RESOLVED, that having considered a communication from the City Planning Commission, dated August 4, 1994, which sets forth its resolution 7-129-94 adopted on July 26, 1994, with regard to Petition 94-6-1-14, submitted by J K L Associates, Inc for a change of zoning on property located on the north side of Lyndon Avenue between Bainbridge Avenue and Bredin Court in the Northwest 1/4 of Section 23, from RUF to R-5, and the Council having conducted a public hearing with regard to this matter on September 21, 1994, pursuant to Council Resolution #579-94, the Council does hereby approve Petition 94-6-1-14 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 28496 such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution The motion failed for lack of support On a motion by McGee, seconded by Kavanagh, it was #734-94 RESOLVED, that having considered a communication from the City Planning Commission, dated August 4, 1994, which sets forth its resolution 7-129-94, adopted on July 26, 1994, with regard to Petition 94-6-1-14, submitted by J K L Associates, Inc , for a change of zoning of property located on the north side of Lyndon Avenue between Bainbridge Avenue and Bredin Court in the Northwest 1/4 of Section 23, from RUF to R-5, and the Council having conducted a public hearing with regard to this matter on September 21, 1994, pursuant to Council Resolution 579-94, the Council does hereby reject the recommendation of the Planning Commission and Petition 94-6-1-14 is hereby denied for the following reasons 1 That the proposed change of zoning is inconsistent with the abutting RUF zoning district in the area; and 2 That the proposed change of zoning will set a precedent for future development proposals in the area A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, McGee, Kavanagh, and Taylor NAYS Ochala The President declared the resolution adopted On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, it was #735-94 RESOLVED, that having considered a communication from the City Planning Commission, dated August 4, 1994, which sets forth its resolution 7-130-94 adopted on July 26, 1994, with regard to Petition 94-6-2-18 submitted by McDonald's Corporation requesting waiver use approval to construct and operate a full-service restaurant with a drive-up window facility on property located on the east side of Middlebelt Road between Seven Mile Road and Vassar Avenue in the Southwest 1/4 of Section 1, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on September 21, 1994, pursuant to Council Resolution #578-94, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 94-6-2-18 is hereby denied, inasmuch as McDonald's Corporation has withdrawn its petition 28497 McGee made the following disclosure respecting a conflict of interest on lip this matter Mr President, regarding the next matter, as I have previously disclosed my law firm represents this petitioner from time to time, and although we do not represent them in this matter, I wish to announce the conflict and will abstain from any consideration of this agenda item I refer to my prior statements and my letter dated February 24, 1992, to the City Clerk on this subject and would ask that these remarks be made part of the official record of this meeting Thank you McGee left the podium at 9 14 p m On a motion by Ochala, seconded by Kavanagh, it was #736-94 RESOLVED, that having considered a communication from the City Planning Commission, dated August 22, 1994, which sets forth its resolution 8-138-94 adopted on August 16, 1994, with regard to Petition 94-7-2-24 submitted by Goldman Properties, Inc requesting waiver use approval to utilize SDD and SDM licenses for a proposed store to be located within an addition to an existing building located on the northwest corner of Merriman and Five Mile Roads in the Southeast 1/4 of Section 15, which property is zoned C-2, and the Council having conducted a public INN hearing with regard to this matter on October 3, 1994, pursuant to Council Resolution #618-94, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 94-7-2-24 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, Kavanagh, Ochala, and Taylor NAYS None The President declared the resolution adopted McGee returned to the podium at 9 15 p m On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was #737-94 RESOLVED, that the Council does hereby amend Council Resolution #668-94 so as to have the same read as follows RESOLVED, that having considered letters dated July 12, 1994, and September 26, 1994, from John B Carlin, Jr of Plunkett & Cooney, in behalf of Outback Steakhouse 28498 of Florida, Inc , Wibel & Associates, Inc , and Michael A Fuhrman, requesting reconsideration of an application for a new full-year Michigan Liquor Control Commission Class C liquor license for a proposed Outback Steakhouse restaurant to be constructed at the southwest corner of Five Mile and Middlebelt Roads in the Mid-Five Shopping Center, Livonia, Michigan, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City approves the said request "above all others" ; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #738-94 RESOLVED, that having considered a communication dated September 27, 1994, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as Grant of Easement dated July 1, 1994, executed by Marco Pesce and Diane Pesce, his wife, to the City of Livonia, for Sanitary Sewer Easement The south twenty (20) feet of the following parcel of land A parcel of land in and being a part of the S E 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, and more particularly described as follows Commencing at the S E corner of said Section 6; thence due north, 1780 00 feet along the east line of said Section 6; thence south 89°45' 30" west, 819 00 feet; thence due north, 25 00 feet; thence north 89°45'30" east, 199 00 feet to the point of beginning; thence continuing due north, 305 00 feet; thence north 89°45' 30" east, 100 00 feet; thence due south, 305 00 feet to the north line of St Martins Road (50' wide) ; thence south 89°45' 30" west, 100 00 feet along said north line to the point of beginning 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 Jurcisin, seconded by McGee, and unanimously adopted, it was 28499 #739-94 RESOLVED, that having considered a communication dated September 27, 1994, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as Grant of Easement dated June 29, 1994, executed by Patrick D Ambroziak and Sharon M Ambroziak, his wife, to the City of Livonia, for Sanitary Sewer Easement The south twenty (20) feet of the west twenty (20) feet of the following parcel of land A parcel of land in and being a part of the S E 1/4 of Section 6, T 1S , R 9 E , City of Livonia, Wayne County, Michigan, and more particularly described as follows Commencing at the S E corner of said Section 6; thence due north, 1780 00 feet along the east line of said Section 6; thence south 89°45' 30" west, 819 00 feet; thence due north 25 00 feet; thence north 89°45' 30" east, 299 00 feet to the point of beginning; thence continuing due north, 305 00 feet; thence north 89°45' 30" east, 100 00 feet; thence due south, 305 00 feet to the north line of St Martins Road (50' wide) ; thence south 89°45' 30" west, 100 00 feet along Lsaid north line to the point of beginning 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 Jurcisin, seconded by McGee, and unanimously adopted, it was #740-94 RESOLVED, that having considered a communication from the Department of law, dated September 19, 1994, transmitting for Council acceptance a Deed under Act 223, Public Acts of 1909, as amended, being Deed No 175966, executed on August 24, 1994, by Rodney A Stokes, Chief, Real Estate Division, Department of Natural Resources for the State of Michigan, to the City of Livonia, conveying land in the City of Livonia, described as follows CITY OF LIVONIA Storm & Fowlers Crest L42P74 Lot 182 46 005 01 0182 000 Garden Farms L40P56 Lot 97 except the E 20 ft thereof 46 045 01 0097 001 28500 Supervisor' s Livonia Plat No 2 L66P01 Lot 92 except the E 420 ft thereof 46 129 01 0092 001 New Detroit No 1 L62P85 E 1 ft of Lot 1113 also the E 1/2 of adj vac alley (said vacated alley, undedicated, being the west 19 feet of said Lot 1113) 46 141 02 1113 001 the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid Deed under Act 223, Public Acts of 1909, as amended, being Deed No 175966, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #741-94 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 Jurcisin, seconded by McGee, and unanimously adopted, it was #742-94 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 23; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P A 1974, as amended 2 The City Clerk shall contact each of the affected taxing units and, (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii) advise the said taxing units of this Council' s desire to hold a hearing on this Application on Monday, November 14, 1994, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 28501 3 The Council hereby sets Monday, November 14, 1994, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #743-94 RESOLVED, that having considered a communication from the City Planning Commission, dated September 7, 1994, which sets forth its resolution 8-151-94 adopted on August 30, 1994, with regard to Petition 94-8-2-26 submitted by Norm LePage/Liberty One Corp , d/b/a East Side Mario' s, requesting waiver use approval to expand the seating capacity for a full service restaurant to be located in an existing building located on the north side of Plymouth Road between Hubbard Avenue and Merriman Road in the Southeast 1/4 of Section 27, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on October 10, 1994, pursuant to Council Resolution #654-94, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 94-8-2-26 is hereby approved and granted subject to the condition that the number of seats is limited to 201 L There was no audience communication at the end of the meeting On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, this 1, 282nd Regular Meeting of the Council of the City of Livonia was adjourned at 9 25 p m , October 12, 1994 7 Jo40- )(1,e_ '• McCotter, City Clerk