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HomeMy WebLinkAboutCOUNCIL MINUTES 1993-04-07 27552 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FORTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 7, 1993, 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 09 p m Councilmember Toy delivered the invocation. Roll was called with the following result: Laura M. Toy, Dale A. Jurcisin, Fernon P. Feenstra, Michael P. McGee, Sean P Kavanagh, and Gerald Taylor. Absent Ron Ochala (on City business) Elected and appointed officials present Robert D. Bennett, Mayor; Gary Clark, Assistant City Engineer; John Nagy, City Planner; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; Robert J Beckley, Director of Public Works; James Andres, Chief Accountant; Michael Deller, Chief Librarian; Robert Alanskas, Planning Commission; and Jack Engebretson, Planning Commission On a motion by Toy, seconded by Jurcisin, and unanimously* adopted, it was #240-93 RESOLVED, that the minutes of the 1,245th Regular Meeting of the Council of the City of Livonia, held March 24, 1993, are hereby approved as submitted. *Councilmembers Feenstra and Taylor abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04 190B of the Livonia Code of Ordinances. Councilmember Jurcisin presented a commendation to Harry Flower, who, after 33 years with the Livonia Public Schools, retired in 1992 Mayor Bennett presented a 20-year service pin to Councilmember Fernon P. Feenstra, as well as a 5-year service pin to Karen A Szymula, Director of Legislative Affairs. 27553 Several individuals in the audience spoke Jane Sellers expressed concerns about the Sheldon Pool; Geraldine Joyner also expressed concerns about the Sheldon Pool, as well as the waiver of fees for City buildings and grounds; Joe Connelly spoke regarding the City Council actions of December 21, 1992; and Frank Baker congratulated the City on the condition of Clarenceville Cemetery On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #241-93 RESOLVED, that having considered a letter from Mr. Michael J Ewald, 32639 Greenland Court, Livonia, MI 48154, dated March 31, 1993, addressed to the Mayor regarding the alleged damage caused to the mailbox and post on his property by a City-operated snow plow, the Council does hereby refer this item to the Inspection Department for its report and recommendation with regard to the issue of whether the aforesaid post was properly located, as well as whether there are any other improperly situated obstacles in the public right-of-way A communication from the Department of Finance, dated March 22, 1993, re: various financial statements of the City of Livonia for the month ending February, 1993, was received and placed on file for the information of the Council. A communication from the Office of the City Clerk, dated March 26, 1993, re determination of the Local Officers Compensation Commission pertaining to salaries of Elected Officials was received and placed on file for the information of the Council. At the request of Councilmember Feenstra and at the direction of the Chair, Items 3, 5, 6 and 16 were removed from the Consent Agenda. Also, at the request of the petitioner and at the direction of the Chair, Item 28 was removed from the Agenda and is to be considered at the next Regular Meeting 27554 On a motion by Feenstra, seconded by McGee, it was: #242-93 RESOLVED, that having considered an application from Mr. and Mrs. David Wisnieski, 17560 Loveland, Livonia, Michigan, dated March 22, 1993, requesting permission to close Bell Creek Lane and Northgate Avenue, from 17981 Bell Creek Lane and 17912 Bell Creek Lane to 32910 Northgate Avenue and 32909 Northgate Avenue, on June 5, 1993, from 12:00 noon to 9:00 p.m. , for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on June 6, 1993 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #243-93 RESOLVED, that having considered an application from Kathleen A. Fitzgerald, 9917 Cranston, Livonia, Michigan 48150, dated March 22, 1993, requesting permission to close Cranston Avenue from Elmira to Orangelawn on May 31, 1993, from 12:00 noon to 8:00 p.m. , for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action herein being made subject to the approval of the Police Department. #244-93 RESOLVED, that having considered a letter from the Detroit Director of Paws With a Cause, dated March 1, 1993, the Council does hereby take this means to indicate that Paws With a Cause (Wolverine Rider's Inc ) is recognized by the City of Livonia as a non-profit service organization and that the City of Livonia has no objection to a license being issued to Paws With a Cause (Wolverine Rider's Inc ) by the Michigan Bureau of State Lottery. #245-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 4, 1993, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby determine as follows: 1) The Council does hereby accept the bid of South Huron Industrial, Inc. , 27903 Cooke Street, Flat Rock, Michigan 48134, for liquid calcium chloride delivered to the storage tank in the DPW Yard, for the unit price bid of $260.00 per 1,000 gallons for the period through December 31, 1993, the same having been the lowest bid received and meets all specifications; FURTHER, in the event the aforesaid low bidder is unable to furnish the material, the Council does hereby accept the second low bid of Michigan Chloride Sales, Inc. , P.O Box 146, St. Louis, Michigan 48880, for liquid calcium chloride delivered to the DPW Yard for the unit price bid of $265.00 per 1,000 gallons for the period through December 31, 1993; and _ _ _ 27555 2) The Council does hereby accept the bid of South Huron Industrial, Inc. , 27903 Cooke Street, Flat Rock, Michigan 48134, for supplying liquid calcium chloride delivered and applied to the street for the unit price bid of $290.00 per 1,000 gallons through December 31, 1993, the same having been in fact the lowest bid received and meets all specifications; FURTHER, in the event the aforesaid low bidder is unable to furnish the material, the Council does hereby accept the second low bid of Michigan Chloride Sales, Inc. , P.O. Box 146, St Louis, Michigan 48880, for liquid calcium chloride delivered and applied to the street, for the unit price bid of $295.00 per 1,000 gallons for the period through December 31, 1993. #246-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 9, 1993, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) for the materials specified at the unit prices bid for the period through March 31, 1994 (1) Suburban Transport, Inc , 54630 Pontiac Trail, Milford, MI 48381 M.D.O.T - 21A - D.T.Y. M.D O.T. - 21A - S O.R $5.00 per ton 5 00 per ton W C.R.0 - 3A - D.T.Y. 8.99 per ton M D 0.T - 25A - D T.Y (Slag) 9 04 per ton W.C.R C - 3X - D T.Y 7 59 per ton W.C.R.C. - 22X - D T.Y 5.12 per ton W.0 R.0 - 30A - D T.Y 6 89 per ton M.D.O.T - 9A - D.T.Y. 7.65 per ton M.D 0.T - 9A S O.R 7 65 per ton M.D.O.T. - 25A D T Y. (Stone) 9.25 per ton W.C.R.0 - Porous Backfill - Grade B - D T.Y 5 19 per ton W.C.R.0 - 2NS - Natural Sand - D.T Y. 4.59 per ton Pea Gravel - D T Y 6.84 per ton (2) Hayball Transport, Inc. , 12550 Farmington Road, Livonia, MI 48150 M.D.O.T. - 22A D T Y. $4 81 per ton M.D.O.T. - 22A - S.O.R 4.81 per ton M.D.O.T - 31A - D.T.Y 7.60 per ton W.C.R.0 - Porous Backfill - Grade A - D.T.Y. 3 30 per ton (3) Dale Osburn, Inc. , 5850 Pardee, Taylor, MI 48180 W.C.R.0 - 2MS - Mortar Sand - D.T.Y 60-40 Washed - Conc. Aggregates - D.T.Y. $7 22 per ton 7.69 per ton (4) Rock-Way, Inc , 35200 Northline, P O. Box 74219, Romulus, MI 48174 M.D.O.T - 21AA - Limestone $6 16 per ton 27556 #247-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 10, 1993, approved by the Director of Finance and approved for submission by the Mayor, with regard to bids received for bituminous materials, the Council does hereby determine as follows 1) To accept the low bid of Nagle Paving Company, 30630 West 12 Mile Road, Suite A, Farmington Hills, Michigan 48334, which meets specifications, for supplying the Public Service Division (Road Maintenance Section), with 12WM asphaltic concrete at the unit price of $25.50 per ton through April 15, 1994; FURTHER, in the event the low bidder is unable to furnish the material, accept the second low bid of Ajax Materials Corporation, One Ajax Drive, P 0. Box 317, Madison Heights, Michigan 48071, which also meets specifications, as an alternate to supply the Public Service Division (Road Maintenance Section) with 12WM asphaltic concrete at the unit price of $22 00 per ton through April 15, 1994; 2) To accept the low bid of Nagle Paving Company, 30630 West 12 Mile Road, Suite A, Farmington Hills, Michigan 48334, which meets specifications, for supplying the Public Service Division (Road Maintenance Section) with 1100 asphaltic concrete at the unit price of $21.50 per ton through April 15, 1994; FURTHER, in the event the low bidder is unable to furnish the material, accept the second low bid of Ajax Materials Corporation, One Ajax Drive, P.O. Box 317, Madison Heights, Michigan 48071, which also meets specifications, as an alternate to supply the Public Service Division (Road Maintenance Section) with 1100 asphaltic concrete at the unit price of $19 00 per ton through April 15, 1994; 3) To accept the low bid of Ajax Materials Corporation, One Ajax Drive, P.O Box 317, Madison Heights, Michigan 48071, which meets specifications, to supply the Public Service Division (Road Maintenance Section) with cold patch asphaltic material at the unit price of $31 90 per ton delivered through April 15, 1994; FURTHER, in the event the low bidder is unable to furnish the material, accept the second low bid of Asphalt Products Corporation, 27575 Wixom Road, P O. Box 817, Novi, Michigan 48376, as an alternate for supplying the Public Service Division (Road Maintenance Section) with cold patch asphaltic material at the unit price of $32.80 per ton delivered through April 15, 1994; and 4) To accept the low bid of Asphalt Products Corporation, 27575 Wixom Road, P O. Box 817, Novi, Michigan 48376, which meets specifications, for supplying the Public Service Division (Road Maintenance Section) with cold patch, U.P.M Sylvax Brand, at the unit price of $58.40 per ton through April 15, 1994; FURTHER, in the event the low bidder is unable to furnish the material, accept the second low bid of Barrett Paving Materials, Inc. , 13501 Huron River Drive, Romulus, Michigan 48174, as an alternate for supplying the Public Service Division (Road Maintenance Section) with cold patch, U.P.M. Sylvax Brand, at the unit price of $60.00 per ton through April 15, 1994 27557 #248-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 17, 1993, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Mich-I-Penn Oil & Grease Co , 9100 Freeland, Detroit, Michigan 48228, for supplying the Public Service Division (Equipment Maintenance Section) with motor, transmission, and hydraulic oils for an estimated total amount of $7,858 35, the same having been in fact the lowest bid received and meets all specifications. #249-93 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 16, 1993, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 3002 3/93, the Council does hereby accept the unit bid price of Huron Sod Farms, Inc , 30877 Pennsylvania Road, Romulus, Michigan 48174, for supplying the Public Service Division (Water Maintenance Section) with blue grass sod at the unit bid price of $ 90 per yard delivered and $ 70 per yard for pickup, the same having been in fact the lowest bid received and meets all specifications; FURTHER, in the event the aforesaid bidder is unable to furnish the material, the Council accepts the second low bid of Huggett Sod Farm, Inc. , 4114 E Marlette Road, Marlette, Michigan 48453, as an alternate to supply the Public Service Division (Water Maintenance Section) with blue grass sod at the unit bid price of $.90 delivered and $ 70 per yard for pickup #250-93 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 16, 1993, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 3007 3/93, the Council does hereby accept the low bids meeting specifications of Sensus Technologies, Inc , P 0 Box 487, Uniontown, Pennsylvania 15401, for supplying the Public Service Division (Water Maintenance Section) with compound water meters (with remote reading device) and fire line meters at the unit prices bid as set forth in the attachment. #251-93 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 16, 1993, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 3009 3/93, the Council does hereby accept the unit price bid of Etna Supply Company, 529 32nd Street, S.E. , Grand Rapids, Michigan 49548, for supplying the Public Service Division (Water Maintenance Section) with copper water tubing for a total price of $7,740.00, the same having been in fact the lowest bid received and meets all specifications #252-93 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 16, 1993, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 3006 3/93, the Council does hereby accept the low and only bids meeting specifications of Price Brothers Company, 25284 Seeley, P 0 Box 914, Novi, Michigan 48376, for supplying the Public Service Division (Water 27558 Maintenance Section) with detector check valves with bypass fittings, less meter, at the unit prices bid as set forth in the attachment #253-93 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated March 16, 1993, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 3003 3/93 with regard to bids received for topsoil, the Council does hereby determine as follows: 1) To accept the low bid of Nankin Sand Company, 39740 Cherry Hill Road, Canton, Michigan 48187, which meets specifications, for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $6 80 per yard delivered; FURTHER, in the event the low bidder is unable to furnish the material, accept the second low bid of Redford Topsoil Contractors, Inc. , 15553 Beech Daly Road, Redford, Michigan 48239, as an alternate to supply the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $7 20 per yard delivered; and 2) To accept the low bid of Redford Topsoil Contractors, Inc. , 15553 Beech Daly Road, Redford, Michigan 48239, for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $5 50 per yard for pickup; FURTHER, in the event the low bidder is unable to furnish the material, accept the second low bid of Wolverine Contractors, Inc , P 0. Box 760026, Lathrup Village, Michigan 48076, as an alternate to supply the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $6 30 per yard for pickup. #254-93 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 16, 1993, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 3011 3/93, the Council does hereby accept the bid of S.P T , Inc , 1417 Windmar Drive, Neenah, Wisconsin 54956, which meets specifications, to supply the Public Service Division (Water Maintenance Section) with a portable pneumatically-operated reversible valve operator for the total price of $4,494, the same having been in fact the lowest bid received and meets all specifications. #255-93 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 16, 1993, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 3004 3/93, the Council does hereby authorize a one-year extension of the agreement with D'Angelo & Son, Inc. , P.0 Box 396, Farmington, Michigan 48332, to perform water main taps and service connections, 3/4" to 2", at various locations throughout the City, at the unit prices bid in their proposal dated June 1, 1992, the action taken herein 27559 being for the period April 1, 1993 through March 31, 1994; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #256-93 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 16, 1993, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 3008 3/93, the Council does hereby accept the bid of Etna Supply Company, 529 32nd Street, S.E. , Grand Rapids, Michigan 49548, for supplying the Public Service Division (Water Maintenance Section) with water service parts and fittings at the unit prices bid as shown on the attachment, the same having been in fact the lowest bid received and meets all specifications #257-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 9, 1993, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Scodeller Construction, Inc , P 0 Box 448, South Lyon, Michigan 48178, for the 1993 Pavement Joint and Crack Sealing Program for the estimated total cost of $111,900, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $111,900 from the Michigan Transportation Fund ($23,499 from the Major Road Account and $88,401 from the Local Road Account) for this purpose; and the City Engineer 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 11258-93 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 9, 1993, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of M & M Pavement Marking, Inc , 5298 Fern Avenue, Grand Blanc, Michigan 48439, for the 1993 Lane Line Marking Program for the estimated total cost of $11,309.25, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $11,309.25 from the Michigan Transportation Fund (Major Road Account) for this purpose; and the City Engineer is hereby authorized to approve minor 27560 adjustments in the work as may be required; and the Mayor and lim 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. #259-93 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934; MCLA 125.584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, May 26, 1993, at 7:00 p.m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 92-12-1-28, submitted by the City Planning Commission, pursuant to Council Resolution 723-92, for a change of zoning on property located on the north side of Puritan Avenue between Henry Ruff and Middlebelt Roads in the Northeast 1/4 of Section 14, from R-1 to RUFA, the City Planning Commission in its resolution 3-55-93 having recommended to the City Council that Petition 92-12-1-28 be approved; and lis (2) Petition 92-12-1-29, submitted by the City Planning Commission, pursuant to Council Resolution 723-92, for a change of zoning on property located on the south side of Puritan Avenue between Oporto and Middlebelt Roads in the Southeast 1/4 of Section 14, from R-1 to RUF, the City Planning Commission in its resolution 3-56-93 having recommended to the City Council that Petition 92-12-1-29 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. #260-93 RESOLVED, that having considered a communication dated llos March 15, 1993 from Charles G Tangora, submitted in behalf of Arsen K. Sanjian, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, 27561 takes an appeal from a determination made on March 9, 1993 by the City Planning Commission in its resolution 3-62-93 with regard to Petition 93-1-2-1, submitted by Arsen K. Sanjian, requesting waiver use approval to remodel and expand an existing building for the purpose of operating an automotive service center on property located on the south side of Plymouth Road between Yale Avenue and Levan Road in the Northeast 1/4 of Section 32, which property is zoned C-2, the Council does hereby designate Monday, May 3, 1993, at 8 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 #261-93 RESOLVED, that having considered a communication dated March 16, 1993, from Salem F Samaan, attorney for S & H Foods Incorporated, 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 March 9, 1993 by the City Planning Commission in its resolution 3-57-93 with regard to Petition 93-1-2-4, submitted by S & H Food Production, Inc. , requesting waiver use approval to operate a full-service restaurant in an existing building located on the south side of Plymouth Road between Hubbell and Milburn Avenues in the Northwest 1/4 of Section 35, which property is zoned C-2, the Council does hereby designate Monday, May 3, 1993, at 8:00 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. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Toy, Jurcisin, Feenstra, Kavanagh, McGee, and Taylor. NAYS: None. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: 27562 Ile #262-93 RESOLVED, that having considered a letter from Smetanka Enterprises, 24121 Meadow Bridge, Mt. Clemens, Michigan 48043, dated March 18, 1993, wherein a request is submitted for permission to place a temporary portable sign which shall be no larger than 4' x 8' in size, non-illuminating, non-flashing, and non-rotating, and located between the sidewalk and the Eddie Edgar Arena at the entrance to the grounds (Lyndon and Farmington), from April 16 through April 25, 1993, to announce and advertise the site of the Fourth Annual Carousel of Crafts Spring Art Show to be conducted at the Eddie Edgar Arena on April 24-25, 1993, the Council does hereby approve and grant this request in the manner and form herein submitted. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #263-93 RESOLVED, that having considered a communication from the Director of Inspection, dated March 9, 1993, approved for submission by the Mayor, with regard to proposed amendments to the Michigan Housing Law, being amendments to Acts 109, 113 and 144, the Council does hereby refer this item to the Department of Law for its report and recommendation. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #264-93 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated March 4, 1993, approved for submission by the Finance Director and the Mayor, and which transmits Parks & Recreation Commission resolution 2212-93, adopted on March 2, 1993, wherein it is recommended that permission be granted to Michigan State Youth Soccer Association to hold the Ford-Wolverine Soccer Tournament on July 10-12, 1993 at Bicentennial Park under the following conditions: 1 That Jaycee Park be considered as a backup and used only in an emergency situation; 2. That the MSYSA submit an itemized list of concessioners, vendors, porta-johns and other equipment needed for approval by the Department of Parks and Recreation; 3. There are to be no concessions or vendors at Jaycee Park; 4. That the MSYSA provide the City of Livonia with an insurance policy naming the City of Livonia as additional insured, with liability coverage of one million dollars; lop 5. That the MSYSA assume responsibility for any related expenses, i.e. porta-johns, field permits, etc. ; 27563 6 Concessions are to be operated by parents and no outside lie vendors are to be permitted; and 7 That the MSYSA contact the Wayne County Health Department advising them that food will be served at the tournament; the Council does hereby concur in and approve of such action. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #265-93 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 16, 1993, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 3010 3/93, the Council does hereby accept the bid of Case Power and Equipment, 21377 Telegraph Road, Southfield, Michigan 48034, for supplying the Public Service Division (Water Maintenance Section) with two (2) heavy-duty tractor loader backhoes with extendible dipperstick for a net price of $46,850, based on a total price of $81,850 less trade-ins of $35,000, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby approve of an increase of $16,850 in the Water Fund (591-000-140-000) capital outlay to cover this purchase McGee took from the table, for second reading and adoption, the following Ordinance, based upon the revised map prepared by the Planning Department AN ORDINANCE CREATING A PLYMOUTH ROAD DEVELOPMENT AUTHORITY FOR THE CITY OF LIVONIA, DESIGNATING BOUNDARIES OF THE DOWNTOWN DISTRICT, AND PROVIDING FOR OTHER MATTERS RELATED THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jurcisin, Feenstra, Kavanagh, McGee, and Taylor. NAYS: Toy The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Feenstra, seconded by McGee, it was: 27564 #266-93 RESOLVED, that having considered the report and ift, recommendation of the Committee of the Whole, dated March 8, 1993, and submitted pursuant to Council Resolution 81-93, in connection with the proposed Plymouth Road Development Authority, the Council does hereby request that the Department of Law prepare a Resolution of Intent to amend the proposed Plymouth Road Development Authority District by including additional property from Newburgh Road on the east to Eckles Road on the west and from the C & 0 Railroad tracks on the north to the commercially zoned property on the south side of Plymouth Road on the south; and the Planning Department is hereby requested to prepare an appropriate map and furnish the same to the Department of Law with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES Jurcisin, Feenstra, Kavanagh, McGee, and Taylor NAYS: Toy. The President declared the resolution adopted On a motion by Kavanagh, seconded by Toy, it was: RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 8, 1993, and submitted pursuant to Council Resolution 81-93, in connection with the proposed Plymouth Road Development Authority, the Council does hereby request that the Department of Law prepare an amendment to the Plymouth Road Development Authority District which would require that any financing to be approved by the City Council shall require a 3/4 majority vote of eligible Councilmembers present. A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy and Kavanagh. NAYS: Jurcisin, Feenstra, McGee, and Taylor. The President declared the resolution denied. Kavanagh gave first reading to the following Ordinance, using a revised figure of 3% instead of the proposed 4%: 10. AN ORDINANCE AMENDING SECTION 140 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING A NEW PARAGRAPH E AND RELETTERING THE PRESENT PARAGRAPH E TO F 27565 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 gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 27 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 88-11-1-35) 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 Kavanagh, seconded by Feenstra, and unanimously adopted, it was: #267-93 RESOLVED, that having considered a communication from the Department of Law, dated September 1, 1992, and submitted pursuant to CR 630-92, into which was attached a proposed amendment to Section 5 66 100 of the Livonia Code of Ordinances, which would prohibit entry upon private property for the purpose of solicitation where a sign is posted on the door facing the street of a residence or business that no solicitation is desired, and which proposed ordinance amendment did receive First Reading by Councilmember Kavanagh on March 24, 1993, and having also considered a report and recommendation from the Department of Law dated April 5, 1993, submitted pursuant to CR 223-93 with regard to a proposal to restrict the hours of solicitation between 9:00 a.m. and one-half hour after sunset, the Council does hereby refer these items to the Legislative Committee for its report and recommendation. Toy took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 18.50B OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 92-8-6-4) 27566 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor. 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 VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 92-11-3-4) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor. 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 April 16, 1991 draft of the following Ordinance: AN ORDINANCE ADDING SECTION 3 04 145 TO 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: Toy, Jurcisin, Feenstra, and Taylor. NAYS: McGee and Kavanagh. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 1 27567 On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was: #268-93 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 11, 1993, approved for submission by the Mayor, wherein it is recommended that Council authorize the temporary use of the area shown in the attached sketch for a period of approximately 90 days, beginning May 10, 1993, by Tony Angelo Cement Construction Company, as a temporary concrete batch plant, subject to the following conditions: 1) Provide a Certificate of Insurance on all contractor operations; 2) Hold harmless the City and its agents for wrongdoings occurring on the site that are the direct result of the contractor's occupancy; 3) Grade and restore the site to its original condition or better directly upon completion of activities; 4) Secure the site as directed by the DPW; 5) Keep the premises dust free in accordance with the permit issued by the Wayne County Health Department Air Pollution Control Division; 6) Abide by all existing laws and regulations, both local and State, pertaining to erosion, siltation and pollution of water courses; 7) Abide by all local ordinances; 8) Provide an end loader and operator to load compost or other material into City trucks up to a total of 40 hours; 9) Provide suitable fill material from the Merriman Road project to fill approximately 5,000 to 10,000 cubic yards of low area immediately east of the Waste Management office facility. The actual quantity shall be determined by City DPW personnel in the field. Material dumped shall be graded to accommodate drainage; and 10) Pay a rate of $525/month and prorate weekly for any occupancy beyond the 90 days. On a motion by Jurcisin, seconded by Toy, and unanimously 11,, adopted, it was: 27568 #269-93 RESOLVED, that having considered a communication from the Department of Law, dated March 11, 1993, approved by the City Engineer and the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire a 27 foot strip of property, 82 5 feet in length, located at 32425 Seven Mile Road, owned by Richard Lorenzetti and Carol Lorenzetti, which land is more particularly described as follows: The North 60 feet of the following parcel of land: The West 82.5 feet of the North 573.0 feet of the East 16 acres of the West 34 acres of the East 60 acres of the Northwest 1/4 of Section 10, T 1S. , R. 9E , City of Livonia, Wayne County, Michigan. (Seven Mile Road right-of- way) Parcel No 038-99-0010-000 subject to the following conditions (1) that the purchase price shall be in the sum of $2,228; (2) that the City of Livonia shall pay for the cost of title work and any application costs in obtaining a discharge of mortgage on the property in a sum not to exceed $272; and (3) that the City's portion of the prorated City, County, County Drain, School and Community College taxes shall be in a sum not to exceed $150; BE IT FURTHER RESOLVED, that a sum not to exceed $2,650 is hereby authorized to be expended from the $12 Million Obligation Road Improvement Bond Issue approved by the electorate in 1989 for the acquisition of said Seven Mile Road right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was: #270-93 RESOLVED, that having considered a communication from the Department of Law, dated March 11, 1993, approved by the City Engineer and the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire a 27 foot strip of property, 105 feet in length, located at 32421 Seven Mile Road, owned by Charles F. MacDonald and Lucinda M. MacDonald, which land is more particularly described as follows: The North 60 feet of the following parcel of land: 1 L. The North 533 feet of the East 16 acres of the West 34 acres of the East 60 acres of the Northwest 1/4 of Section 10, T. 1S. , R. 9E. , City of Livonia, Wayne County, Michigan, except 27569 the East 77 feet thereof, also except the West 82 50 feet thereof. (Seven Mile Road right-of-way) Parcel No. 038-99-0006-000 subject to the following conditions: (1) that the purchase price shall be in the sum of $2,835; (2) that the City of Livonia shall pay for the cost of title work and any application costs in obtaining a discharge of mortgage on the property in a sum not to exceed $265; and (3) that the City's portion of the prorated City, County, County Drain, School and Community College taxes shall be in a sum not to exceed $150; BE IT FURTHER RESOLVED, that a sum not to exceed $3,250 is hereby authorized to be expended from the $12 Million Obligation Road Improvement Bond Issue approved by the electorate in 1989 for the acquisition of said Seven Mile Road right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. On a motion by Jurcisin, seconded by Toy, it was: #271-93 RESOLVED, that having considered a communication from the City Planning Commission, dated March 16, 1993, which transmits its resolution 3-58-93, adopted on March 9, 1993, with regard to Petition 93-2-2-5, submitted by Joel Messina, requesting waiver use approval to construct a car waxing facility addition to an existing car wash located on the southeast corner of Santa Anita and Five Mile Road in the Northeast 1/4 of Section 24, which property is zoned C-2 and P, the Council does hereby concur in the recommendation of the Planning Commission and Petition 93-2-2-5 is hereby approved and granted, subject to the following condition: That the Site and Building Elevation Plan marked sheet SP-1 dated March 4, 1993, as revised, prepared by Clifford N. Wright Associates, Architects, which is hereby approved, shall be adhered to A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Jurcisin, McGee, Kavanagh, and Taylor NAYS: Feenstra. The President declared the resolution adopted. 27570 On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was #272-93 RESOLVED, that having considered a communication from the City Assessor, dated February 16, 1993, approved for submission by the Mayor, with regard to a request from Southeastern Michigan Management Company, 34393 Plymouth, Livonia, Michigan 48150, in behalf of Vince Ianfano, 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. 46 003 02 0042 000 and 46 003 02 0043 000 into two parcels, the legal descriptions of which shall read as follows: Parcel A: The W. 148' of Lots 42 and 43 of "Iris Gardens" Subdivision, a part of the S W. 1/4 of Sec. 1, T. 1S. , R.9E. , Livonia Twp. (now City of Livonia), Wayne County, Michigan Recorded L. 67 of Plats, P. 55, W C.R. Parcel B: Lots 42 and 43, except the W 148' thereof of "Iris Gardens" Subdivision, a part of the S W. 1/4 of Sec 1, T. 1S. , R 9E. , Livonia Twp. (now City of Livonia), Wayne County, Michigan. Recorded L 67 of Plats, P. 55, W C.R 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 Jurcisin, seconded by McGee, and unanimously adopted, it was: #273-93 RESOLVED, that having considered a communication from the City Librarian, dated March 12, 1993, approved by the Finance Director and approved for submission by the Mayor, and which transmits Library Commission resolution 30-92, with regard to acceptance of a MURL grant (Project 7A-27202-395) in the amount of $16,500, the Council does, for and on behalf of the City of Livonia accept the said MURL grant in the amount of $16,500 for the purpose of strengthening the U.S. History and Geography areas of all three City libraries. On a motion by Feenstra, seconded by McGee, and unanimously Ladopted, it was: 27571 #274-93 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda Jurcisin gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 010, 040, 050, 060, 070, 100, 130, 190, 200, 210, 260, 270, 300, 330, 340, 350, 360, 370 AND 400 OF AND ADDING SECTIONS 041 AND 071 TO AND DELETING SECTION 271 FROM CHAPTER 08 (ELECTION PRECINCTS) OF TITLE 1 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. Jurcisin invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication Kavanagh left the podium at 10:03 p.m in order to avoid a perceived impropriety on the next Agenda item. On a motion by Feenstra, seconded by McGee, it was: #275-93 RESOLVED, that having considered a communication from the City Planning Commission, dated February 11, 1993, which sets forth its resolution 2-31-93, adopted on February 9, 1993, with regard to Petition 92-12-1-27, submitted by F. Patrick Devine in behalf of KA-DE Investments, for a change of zoning on property located on the north side of Lyndon Avenue, west of Farmington Road, in the Northeast 1/4 of Section 21, from R-2 to OS, and the Council having conducted a public hearing with regard to this matter on March 31, 1993, pursuant to Council Resolution 144-93, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 92-12-1-27 is hereby approved and granted; and the City Planner is hereby instructed 27572 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 A roll call vote was taken on the foregoing resolution with the following result: AYES: Toy, Jurcisin, Feenstra, McGee, and Taylor. NAYS: None. The President declared the resolution adopted Kavanagh returned to the podium at 10 05 p m. On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #276-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 31, 1993, and submitted pursuant to Council Resolution 164-93, in connection with a communication from the Michigan Liquor Control Commission, dated January 4, 1993, with regard to an application from John B. Carlin, Jr. , Attorney at Law, for a new full year Class C license to be located at 39300 Seven Mile Road, Livonia, Michigan 48152, Wayne County, in the corporate name of Romano's Macaroni Grill, Inc. , the Council does hereby determine to take no further action. On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was: #277-93 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 31, 1993, and submitted pursuant to Council Resolution 165-93 in connection with a proposed purchase agreement between the City of Livonia, for and on behalf of the City of Livonia Parks and Recreation Commission and Nikolaos M. Moutafis, Co-Licensees and Sellers, and Romano's Macaroni Grill, Inc. , Buyer, with respect to a proposed sale and transfer of a 1990 Class C Michigan Liquor Control Commission License now in escrow at 20500 Newburgh, Livonia, Michigan 48152, for the total sum of $15,001, and having also considered the report and recommendation of the Department of Law, dated March 12, 1993, with respect to this item, and a revised purchase agreement submitted on April 5, 1993, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia to execute the proposed purchase agreement between the City of Livonia, for and on behalf of the 27573 Parks and Recreation Commission of the City of Livonia and L Nikolaos M. Moutafis, Co-Licensees, with Romano's Macaroni Grill, Inc. , as revised, and as submitted on April 5, 1993, as well as to do all other things necessary or incidental to the full performance of this resolution; FURTHER, the Council does hereby determine that the sum of $15,000 to be received by the City herein shall be earmarked and deposited in a special account for the special purpose of providing funds for the repair of the roof of the Devon-Aire Ice Arena. During the audience communication portion at the end of the meeting, Donald Munson commended the City Council on the commendation presented to Mr. Flower, and also gave thanks for consideration of the building trades profession regarding the prevailing wage issue. On a motion by Toy, seconded by Kavanagh, and unanimously adopted, this 1,246th Regular Meeting of the Council of the City of Livonia was adjourned at 10:09 p.m. , April 7, 1993 Lii, AC Ailor_dr J. McCotter, City Clerk .i