Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1995-07-24 28933 MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 24, 1995, 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 05 p m Councilmember Kavanagh delivered the invocation Roll was called with the following result Sean P Kavanagh, Maureen Miller Brosnan, Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, Michael P McGee, and Gerald Taylor Absent None Elected and appointed officials present Robert D Bennett, Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K White, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; Michael T Slater, Finance Director; Lee Grieve, Police Chief; Edith Davis, Personnel Director; and Rick Niedieck, Livonia Economic Development Office Director On a motion by McGee, seconded by Feenstra, and unanimously adopted, it was #503-95 RESOLVED, that the minutes of the 1,300th Regular Meeting of the Council of the City of Livonia, held July 10, 1995, are hereby approved as submitted During the audience communication portion of the meeting, Jerry Vadovic, 14401 Ellen, Livonia 48154, discussed the lack of response from Detroit Edison during the recent storm, and the fact that there is a block of homes on Ellen that are still constantly losing electricity On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #504-95 RESOLVED, that the Council does hereby refer the subject of problems with respect to Detroit Edison restoring power quickly after power outages on Ellen Drive and other areas within the City and the preparation of a formal response to the 28934 Michigan Public Service Commission as part of the public hearings to be held regarding responsiveness of Detroit Edison to such problems to the Engineering Department for a report and recommendation On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #505-95 RESOLVED, that the Council does hereby refer the matter of the replacement of missing sidewalk along the north side of Six Mile Road west of Merriman directly across from Canterbury to the Engineering Department for its report and recommendation On a motion by Feenstra, seconded by Toy, it was #506-95 RESOLVED, that having considered an application from Gisele T Sidor, 36026 Dover, dated June 22, 1995, requesting permission to close Dover between Linville and Crown on Saturday, August 26, 1995, from 10 00 a m to 10 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 sail affair on Sunday, August 27, 1995, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #507-95 RESOLVED, that having considered an application from Josie Villarruel, 34751 St Martins Avenue, dated June 23, 1995, requesting permission to close St Martins Drive between Northland Drive and Gary Lane on Saturday, August 5, 1995, from 3 00 p m to 10 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 Saturday, August 12, 1995, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #508-95 RESOLVED, that having considered an application from Nancy Baumgarten, 14272 Ramblewood, dated July 10, 1995, requesting permission to close Ramblewood between Perth and Scone on Saturday, August 19, 1995, from 2 00 p m to 10 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 Sunday, August 20, 1995, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #509-95 RESOLVED, that having considered an application from Amanda M. Spiers, 34367 Capitol, received in the City Clerk's Office on July 17, 1995, requesting permission to close Capitol and part of Brewster on Saturday, August 19, 1995, from 12 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including (REVISED PAGE - SEE CR #512-9 ) 28935 therein permission to conduct the said affair on Saturday, August 26, 1995, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #510-95 RESOLVED, that having considered a communication from John R Carney, John R Carney & Associates, P C , representing Mr and Mrs Haneris, dated June 21, 1995, wherein a request is submitted for vacating of a certain easement located at 29130 Jacquelyn, Lot 73 of the Belle-Lynn Subdivision, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance #511-95 RESOLVED, that having considered a communication from the Mayor, dated June 14, 1995, wherein he has requested approval of the reappointment of Lowell Peterson, 9420 Lathers, Livonia, Michigan 48150, to the Livonia Plymouth Road Development Authority for a four year term expiring May 16, 1999, pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reap- pointment provided that he takes the Oath of Office as required in Section 2, Chapter X of the City Charter, to be administered by the Office of the City Clerk #512-95 RESOLVED, that having considered a communication from J Llewell Jessup, 18554 Sunset Boulevard, Livonia, Michigan 48152, received in the City Clerk's Office on July 10, 1995, requesting an amendment to Title 10, Chapter 48, Section 040 (3) (c) of the Livonia Code of Ordinances regarding the clearance required of parked vehicles to curbside mailboxes in conjunction with the Postal Service, the Council does hereby refer this matter and the extent of City jurisdiction over the subject to the Department of Law for its report and recommendation; FURTHER, the Council does hereby refer this item to the Legislative Committee for its report and recommendation #513-95 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 10, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Allie Brothers, Inc , 20295 Middlebelt, Livonia, Michigan 48152, for supplying the Department of Public Works with employee uniforms at the unit prices shown in the attachment for a total estimated price of $26, 642 94, the same having been in fact the lowest bid received and meets all specifications; FURTHER, in the event the items are not available from Allie Brothers, Inc. , the Council does hereby accept the unit bid prices of Work N' Gear, 34694 Warren Road, Westland, Michigan 48185, which also meets specifications, as an alternate source for supplying the Department of Public Works with employee uniforms at the unit prices shown in the attachment 28936 #514-95 RESOLVED, that having considered a communication from the Director of Public Works, dated July 10, 1995, which bears the signature of the Finance Director and is approved for submission by the Personnel Director and Mayor, which transmits a resolution adopted by the Civil Service Commission on July 13, 1995, wherein the Commission did recommend an increase in the seasonal laborer rate and a classification change, the Council does hereby concur in and approve of such action in the manner and form herein submitted #515-95 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 15, 1995, with regard to a request from Lone Star Steakhouse & Saloon of Michigan, Inc requesting approval of an application for a new Michigan Liquor Control Commission Class C full year liquor license with Outdoor Service Permit and Official Permit (Food) for a proposed new restaurant to be located on the west side of Victor Parkway between Seven Mile and Eight Mile Roads in the Southeast 1/4 of Section 6, Livonia, Michigan, Wayne County, in addition to prior approval already granted in Council Resolution 252-95 adopted on April 19, 1995, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #516-95 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated June 23, 1995, approved for submission by the Mayor, and to which is attached a list of adjustments required for the 1995 budget, the Council does hereby authorize the said budget adjustments and transfers in the manner and form set forth in the attachment #517-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 5, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, and to which is attached a letter from Joyce A Schlachter, Department Executive, Engineering Division, Department of Public Services for Wayne County, dated June 30, 1995, and having considered the necessity for traffic signal modernizations at Wayne Road and Joy Road, as well as Wayne Road and West Chicago Road, in connection with the modernization of traffic signals at several intersections along Wayne Road from Goddard Road to Plymouth Road, the Council does hereby approve and authorize the said traffic control modernizations; FURTHER, the Council does hereby approve of the City assuming a portion of the costs of such modernizations for those intersections located in the City of Livonia, and for this purpose does hereby appropriate and authorize the expewditure of a sum not to exceed $2, 925 00 from the Michigan Transportation Fund (Major Road Account) ; and the Mayor and City Clerk are hereby authorized to execute the attached contract for and on behalf of the City of Livonia; and the City Clerk is requested to send a certified copy of this resolution to the Wayne County Department of Public Services, Division of Engineering 28937 #518-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 29, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, and to which is attached a letter from Joyce A Schlachter, Department Executive, Engineering Division, Department of Public Services for Wayne County, dated June 27, 1995, and having considered the necessity for traffic signal modernizations at seven intersections along Farmington Road from Joy Road to Eight Mile Road, the Council does hereby approve and authorize the said traffic control modernizations; FURTHER, the Council does hereby approve of the City assuming a portion of the costs of such modernizations for those intersections located in the City of Livonia, and for this purpose does hereby appropriate and authorize the expenditure of a sum not to exceed $24, 500 00 from the Michigan Transportation Fund (Major Road Account) ; and the Mayor and City Clerk are hereby authorized to execute the attached contract for and on behalf of the City of Livonia; and the City Clerk is requested to send a certified copy of this resolution to the Wayne County Department of Public Services, Division of Engineering #519-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 5, 1995, approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of a section of 4" storm sewer as part of the reconstruction of an existing service station at 37416 Seven Mile Road, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further that the City will accept jurisdiction and maintenance (at no expense to the County) of approximately 35 1 f of 4" storm sewer within the Seven Mile Road right-of-way in connection with the development of the aforementioned site located on the north side of Seven Mile Road west of Newburgh Road in the Southeast 1/4 of Section 6 (see attached letter from the Marathon Oil Company indicating its willingness to reimburse the City for any such maintenance that may become necessary) ; and 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction #520-95 RESOLVED, that having considered the report and recommendation of the City Engineer and Superintendent of Parks and Recreation, dated July 6, 1995, 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 Waterfront Construction, Inc , 39272 Chart, Harrison Township, Michigan 48045, for completing all work required in connection with the Idyl Wyld Golf Course Bridge Construction Project (Contract 95-J) for the estimated total cost of $83, 838 60 based upon the 28938 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 amount of $44,477 60 from Fund 409 (Golf Capital Improvement Fund) and $39, 361 00 from Fund 373 (Drain Fund) 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 #521-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 5, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits final cost information with respect to the 1992 Sidewalk Program (Contract 92-B) , the Council does hereby determine as follows A To establish the final project cost at $196, 631 84, of which $151, 145 65 shall be funded by single lot assessments, $5, 300 00 shall be funded from liquidated damages, and $40,186 19 to be funded from the City's participation in this project from the Michigan Transportation Fund (Local Road Account) ; B To authorize an advance in the amount of $151,145 65 from the General Obligation Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are subsequently received from the payment of bills and assessments by affected property owners; and C To appropriate and authorize the expenditure of an additional sum not to exceed $186 19 from the Michigan Transportation Fund (Local Road Account) to cover additional costs related to the City's share of the 1992 Sidewalk Program #522-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 5, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits final cost information with respect to the 1992 Sidewalk Program - Phase II (Contract 93-S) from the standpoint of City participation, the Council does hereby determine as follows A. To establish the final project cost at $89,335.46, of which $62,688 63 shall be funded by single lot assessments, and $26,646 83 to be funded from the City' s participation in this project from the Michigan Transportation Fund (Local Road Account) ; 28939 B To authorize an advance in the amount of $62,688 63 from the General Obligation Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are subsequently received from the payment of bills and assessments by affected property owners; and C To appropriate and authorize the expenditure of an additional sum not to exceed $6, 938 03 from the Michigan Transportation Fund (Local Road Account) to cover additional costs related to the City's share of the 1992 Sidewalk Program #523-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 10, 1995, approved for submission by the Mayor, as well as a communication from the Mayor, dated July 11, 1995, a letter from Michael C Mikail, Vice President of the Laurel Park II Homeowners Association, dated May 22, 1995, and a proposed plan submitted by Mr John J Hiltz, dated July 10, 1995, on behalf of the residents of Laurel Park South Subdivision No 2 requesting that the City approve the construction of a noise abatement berm along the easterly right-of-way line of I-96 (I-275) south of Six Mile Road and next to such subdivision, the Council does hereby approve the proposal as submitted, and the Mayor and City Clerk are hereby authorized to execute a contract for and in behalf of the City of Livonia with Sunset Excavating, 12641 Stark Road, Livonia, Michigan 48150, for completing this project (at no cost to the City) and to do all other things necessary or incidental to the full performance of this resolution #524-95 RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 1995, which transmits its resolution 6-128-95 adopted on June 27, 1995, with regard to Petition 95-6-8-13 submitted by Manoogian Manor, requesting approval of all plans in connection with a proposal to expand the existing facility located at 15775 Middlebelt Road in the Southeast 1/4 of Section 14, pursuant to the provisions set forth in Section 18 58 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 95-6-8-13 is hereby approved and granted, subject to the following condition That the Site Plan, Composite Floor Plan & Elevations, defined as Sheet No 1 dated 6/9/95, by Theodore Yessayan Associates is hereby approved and shall be adhered to #525-95 RESOLVED, that having considered a communication from Councilmember Fernon P Feenstra, dated June 27, 1995, wherein it is requested to rename the Finance and Insurance Committee, the Council does hereby rename such committee to the "Finance, Insurance and Budget Committee " 28940 #526-95 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Crucam, Inc , dated July 18, 1995, covering new industrial facilities to be located within City of Livonia Industrial Development District 55; 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 Wednesday, September 6, 1995, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Wednesday, September 6, 1995, 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 A roll call vote was taken on the foregoing resolutions with the following result AYES Kavanagh, Brosnan, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS None On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #527-95 RESOLVED, that the Council does hereby amend Council Resolution 467-95 so as to have the same read as follows 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, August 16, 1995, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item 28941 Petition 95-4-1-7, submitted by John Mahn in behalf of Dominic Liburdi, for a change of zoning of property located south of Plymouth Road between Stark and Farmington Roads in the Northeast 1/4 of Section 33, from P to C-2 and RUF, the City Planning Commission in its resolution 6-103-95 having recommended to the City Council that Petition 95-4-1-7 be denied; 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 On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #528-95 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, September 20, 1995, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 95-5-1-8, submitted by Thomas Guastello, for a change of zoning of property located on the east side of Middlebelt Road between Buckingham and Perth Avenues in the Southwest 1/4 of Section 24 from OS to C-2, the City Planning Commission in its resolution 6-104-95 having recommended to the City Council that Petition 95-5-1-8 be denied; 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 28942 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 Jurcisin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 130 OF TITLE 9, CHAPTER 94 (DISCHARGING FIREARMS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Jurcisin, seconded by Toy, it was RESOLVED, that having considered a letter from Ronald Vaagenes, dated June 12, 1995, submitted in behalf of Motor City Mold, Inc , wherein it is indicated that Motor City Mold, Inc intends to transfer facilities from 12339 Stark Road, Livonia, Michigan 48150, to Canton Township, and which further indicates that Motor City Mold, Inc desires to obtain a 1974 P A 198 exemption for the Canton Township facilities, the Council does hereby consent to the transfer as herein requested; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin NAYS Kavanagh, Brosnan, Toy, Feenstra, McGee, and Taylor The President declared the resolution denied On a motion by Kavanagh, seconded by Toy, and unanimously adopted, it was #529-95 RESOLVED, that having considered a letter from Ronald Vaagenes, dated June 12, 1995, submitted in behalf of Motor City Mold, Inc , wherein it is indicated that Motor City Mold, Inc intends to transfer facilities from 12339 Stark Road, Livonia, Michigan 48150, to Canton Township, and which further indicates that Motor City Mold, Inc desires to obtain a 1974 P A 198 28943 exemption for the Canton Township facilities, the Council does hereby reject and deny this request since it is the determination of the Council that the transfer of facilities would have the effect of transferring employment from one governmental unit in Michigan to another local governmental unit in Michigan and for the further reason that the said transfer would not be in the best interest of either the citizens of Livonia or the people of the State of Michigan; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A communication from the Livonia Economic Development Office, dated July 21, 1995, re background information on Motor City Mold, Inc was received and placed on file for the information of the Council On a motion by McGee, seconded by Kavanagh, and unanimously adopted, it was #530-95 RESOLVED, that the Council does hereby refer the matter of transfers of employment for tax abatement purposes and recent court decisions regarding this subject to the Department of Law for its report and recommendation it was by Jurcisin, seconded by Brosnan, and unanimously adopted, *531-95 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, Director of Public Works and the Chairman of the Water & Sewer Board, dated July 10, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Motor City Ford Truck, Inc , 39300 Schoolcraft, Livonia, Michigan 48150, for supplying the Public Service Division with a Combination Jet Rodding Machine and Catch Basin Cleaner for the net price of $173,890 00, based on a total price of $218, 890 00 less $45, 000 00 for trade-in; FURTHER, the Council does hereby determine the aforesaid bid to be a better bid than the bid submitted by Burke Equipment Co for the reasons indicated in the aforesaid communication, and the action taken herein being made in accordance with Section 3 04 140E of the Livonia Code of Ordinances, as amended On a motion by Feenstra, seconded by Toy, it was #532-95 RESOLVED, that the Council does hereby refer the subject of the Local Bidder Preference set forth in Section 3 04 140E of the Livonia Code of Ordinances, as amended, (in connection with the Prevailing Wage issue) to the Legislative Committee for its report and recommendation 28944 A roll call vote was taken on the foregoing resolution with the following result AYES Brosnan, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS Kavanagh The President declared the resolution adopted Mr McGee made the following disclosure respecting a conflict of interest on the next matter Mr President, pursuant to the provisions of Chapter IV, Section 9, of the Livonia City Charter and the relevant provisions of State law, I am hereby disclosing the existence of a conflict of interest with respect to this matter As I believe the Council and the Administration are aware, I am an employee of the law firm of Miller, Canfield, Paddock and Stone of Detroit, Michigan Miller, Canfield has acted as bond counsel to the City for many years This matter involves an installment purchase agreement for which Miller, Canfield has been retained by the City to prepare As such, I have a pecuniary interest in this matter and, under the foregoing authorities, I must abstain from consideration of and voting upon this matter I refer to 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 28 p m On a motion by Jurcisin, seconded by Feenstra, it was #533-95 WHEREAS, an Installment Purchase Agreement (the "Agreement") between the City of Livonia (the "City") , Sprinkler Services Co ("Sprinkler") , Valley Turf, Inc ("Valley") (Sprinkler and Valley hereinafter referred to as the "Vendors") and Comerica Bank, (the "Bank") for the purchase, delivery and installation of an eighteen hole golf course irrigation system, together with pump station, as set forth in the Vendors' Quotations (the "Equipment") dated June 30, 1995, has been prepared; and WHEREAS, the purchase and installation price of the Equipment is $269, 072 with $156, 072 owed to Valley for the furnishing of the Equipment and $113,000 owed to Sprinkler for the installation of the Equipment (together the "Purchase Price") ; and WHEREAS, pursuant to the Agreement, the City will pay the Purchase Price in ten (10) semi-annual installments, commencing on February 1, 1996, as will be specified in the Agreement (each, a "Payment Date") , with interest payable thereon at a rate equal to 4 725% per annum; and 28945 WHEREAS, the Agreement is to be assigned to the Bank; and WHEREAS, it is necessary to approve the Agreement and authorize the City' s Mayor and Clerk to execute the Agreement and/or certain other documentation relative thereto NOW, THEREFORE, BE IT RESOLVED THAT 1 The Agreement is hereby approved substantially in the form on file with the City Clerk The City shall incur the debt described in the Agreement through execution of the Agreement by the officers authorized below which debt shall consist of the Purchase Price of $269, 072, which Purchase Price shall be payable in ten (10) semi-annual installments with interest thereon at a rate of 4 725% per annum The installments of interest shall be payable semi-annually, commencing February 1, 1996 and installments of principal shall be payable semi-annually commencing February 1, 1996 2 The Mayor and City Clerk are hereby authorized and directed to execute the Agreement and deliver it to the Vendors, substantially in the form on file with the City Clerk with such additions, changes and modifications as shall be approved by the City' s Bond Counsel 3 The useful life of the Equipment is hereby determined to be 4 not less than twenty (20) years The Mayor and City Clerk are hereby directed and authorized to execute such additional documentation as shall be necessary to effectuate the closing of the Agreement and the assignment thereof 5 The assignment of the Agreement by the Vendors to the Bank is hereby approved 6 The City hereby agrees to include in its budget for each year commencing with the current fiscal year, a sum which will be sufficient to pay the principal of and interest on the Agreement coming due before the next fiscal year In addition, the City hereby pledges to levy ad valorem taxes on all taxable property in the City each year in an amount necessary to make its debt service payments under the Agreement, subject to applicable constitutional, statutory and charter tax rate limitations 7 The City hereby designates its obligations under the Agreement as "qualified tax-exempt obligations" for purposes of deduction of interest expense by financial institutions 8 The City hereby covenants that, to the extent permitted by Irs law, it shall take all actions within its control necessary to maintain the exemption of the interest on the obligations under the Agreement from general federal income taxation (as 28946 opposed to alternative minimum or other indirect taxation) under the Internal Revenue Code of 1986, as amended, including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of proceeds of the Agreement and moneys deemed to be proceeds 9 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded A roll call vote was taken on the foregoing resolution with the following result AYES Kavanagh, Brosnan, Toy, Jurcisin, Feenstra, and Taylor NAYS None The President declared the resolution adopted McGee returned to the podium at 8 29 p m A communication from the Department of Finance, dated July 10, 1995, re the Installment Contract for the Whispering Willows Irrigation System was received and placed on file for the information of the Council A communication from the Department of Law, dated July 6, 1995, re the feasibility of adding unpaid ambulance charges to residents' tax bills as a lien against their property was received and placed on file for the information of the Council (Opinion No 95-1) On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #534-95 RESOLVED, that having considered Opinion No 95-1 submitted by the Department of Law, dated July 6, 1995, pursuant to Council Resolution 222-95, the Council does hereby request that a copy of this opinion be forwarded to Mr Joseph Garcia, Karoub & Associates, 20325 Middlebelt, Livonia, Michigan 48152, in connection with assistance he may be able to provide in prompting legislative changes relative to adding charges such as unpaid ambulance bills, building inspection fees and hwtaxdous materials response costs to residents' tax bills as a lien against their property; FURTHER, the Council does hereby refer this subject to the Legislative Committee for monitoring purposes 28947 On a motion by Kavanagh, seconded by Toy, and unanimously adopted, it was #535-95 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 5, 1995, approved for submission by the Mayor, submitted pursuant to Council Resolution 285-95, the Council does hereby approve the plans submitted by the Engineering Department for the improvement of the parking lots at Beverly Park and Ben Celani Recreation Area at the McNamara-Bicentennial Park and does hereby authorize the Finance Director and the Engineering Department to advertise and seek competitive bids for completing such work; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $30, 150 00 from Fund 401 and a sum not to exceed $35, 850 00 from the Unexpended Fund Balance, for a total sum not to exceed $66, 000 00, for this purpose From the audience, Ralph Williams, 18630 Foch, Livonia 48152, spoke regarding the next agenda item On a motion by Feenstra, seconded by Toy, it was #536-95 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 7, 1995 on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and all owners of records of property subject to the proposed special assessment district having submitted in writing a "waiver of notice and proceedings" in accordance with Section 3 08 310 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects; (2) determine to make the road improvement consisting of a 28 foot wide 9" thick reinforced concrete pavement with integral curbs and gutters (Alternate I) on Beacon Road, east of Stark Road, Southeast 1/4 of Section 28, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated July 7, 1995; (4) determine that the estimated cost .o.f such improvement is $65, 550 00; (5) determine that the cost of said improvement shall be paid for in part by special assessment on the property benefited thereby and in part by the City at large, in proportions thereafter established; 28948 (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 40% of paving ($14, 720 00) and 100% of drainage ($28, 750 00) and that the balance of said cost and expense of said public improvement amounting to 60% of paving ($22, 080 00) shall be borne and paid by special assessment on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that the assessment made for such improvement may be paid in fifteen (15) annual installments together with 6% interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessment shall be levied as follows A Special Assessment District in the S E 1/4 of Section 28, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as containing the property listed on the attached Special Assessment Roll and shown on the attached Special Assessment District Map (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council A roll call vote was taken on the foregoing resolution with the following result AYES Brosnan, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS Xavanagh. The President declared the resolution adopted 28949 On a motion by Jurcisin, seconded by Toy, it was #537-95 RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 1995, which transmits its resolution 6-129-95, adopted on June 27, 1995, with regard to a Sign Permit Application, submitted by Kmart Corporation, requesting approval for signage for the store located at 30255 Plymouth Road in the Northeast 1/4 of Section 35, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to the following condition That the Sign Package by Kmart/Jerry Wargo, received by the Planning Commission on May 31, 1995, is hereby approved and shall be adhered to, except for the fact that the 14 sq ft Kmart logo over the signage "Pharmacy, " "Garden Shop" and "Auto Service" is to be eliminated A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS Kavanagh and Brosnan The President declared the resolution adopted On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it was #538-95 RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 1995, which transmits its resolution 6-127-95 adopted on June 27, 1995, with regard to Petition 95-6-8-12 submitted by Albert Abbo & Associates, requesting approval of all plans in connection with a proposal to construct a commercial center on property located at 31429 Schoolcraft Road in the Northwest 1/4 of Section 26, pursuant to the provisions set forth in Section 18 58 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 95-6-8-12 is hereby approved and granted, subject to the following conditions 1 That the Site Plan, defined as Sheet No 1 dated June 27, 1995, as revised, by Albert Abbo & Associates is hereby approved and shall be adhered to with the additional condition that the light standard shall not exceed 20 feet; 2 That the parking spaces for the entire shopping center shall be double stripped; 28950 3 That the Landscape Plan, defined as Project No 259-94 dated 6/15/95, by Albert Abbo & Associates is hereby approved and shall be adhered to; 4 That the underground sprinklers are to be provided for all landscaped and sodded lawn areas, and all planted materials shall be installed prior to final inspection and thereafter permanently maintained in a healthy condition; 5 That the Elevation Plan, defined as Sheet No 2 dated June 27, 1995, as revised, by Albert Abbo & Associates is hereby approved and shall be adhered to, except for the fact that the front and side exterior of the building shall be constructed out of brick, and that the signage shall be brought back for both Planning Commission and Council approval; 6 That all roof-top mechanical units that can be seen by the public shall be screened and painted a color to match the building; 7 That the trash dumpster enclosure gates, when not in use, shall be maintained and closed at all times; 8 That the sidewalk on Merriman Road shall be continued north to the service drive; and 9 That the brick to be utilized shall be "French Gray" in color On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #539-95 RESOLVED, that having considered a communication from the Department of Law, dated July 6, 1995, which submits a quit claim deed for City-owned property located at 27570 Seven Mile Road, Livonia, Michigan, the legal description of which is as follows The South 60 feet of the following described parcel The West 253 ft of the East 629 ft of the South 173 ft of the East 1/2 of the S E 1/4 of Section 1, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan (Seven Mile Road Right-of-Way) Part of Tax Parcel No 004-99-0070-000 the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute a quit claim deed to the County of Wayne and such other documents as may be necessary or incidental to fulfill the purpose of this resolution; and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction 28951 On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #540-95 RESOLVED, that having considered the report and recommendation of the Personnel Director and the Chief of Police, dated July 14, 1995, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits a Letter of Understanding between the Livonia Police Officers Association and the City of Livonia and a resolution adopted by the Civil Service Commission on July 13, 1995, wherein the Commission did recommend the establishment of the classifications and rates of pay for Police Officer I and Police Officer II, the Council does hereby concur in and approve of such action and does hereby approve the Letter of Understanding in the manner and form herein submitted; FURTHER, the Council does hereby approve the request to begin recruitment of Police Officer I at the proposed rate of pay effective immediately On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was #541-95 RESOLVED, that having considered a communication from the City Planning Commission, dated May 1, 1995, which sets forth its resolution 4-64-95 adopted on April 25, 1995, with regard to Petition 95-2-6-1, submitted by the City Planning Commission to determine whether or not to amend Sections 2 10 and 12 03 of the Zoning Ordinance regarding detention facilities for adults and children, and the Council having conducted a public hearing with regard to this matter on Wednesday, July 12, 1995, pursuant to Council Resolution 318-95, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #542-95 RESOLVED, that having considered a communication from the City Planning Commission, dated May 1, 1995, which sets forth its resolution 4-64-95 adopted on April 25, 1995, with regard to Petition 95-2-6-1, submitted by the City Planning Commission to determine whether or not to amend Sections 2 10 and 12 03 of the Zoning Ordinance regarding detention facilities for adults and children, and the Council having conducted a public hearing with regard to this matter on Wednesday, July 12, 1995, pursuant to Council Resolution 318-95, the Council does hereby approve Petition 95-2-6-1, as amended. for prPray-ation of the ordinance for submission to Council; and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution 28952 On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #543-95 RESOLVED, that having considered a communication from the City Planning Commission, dated May 1, 1995, which sets forth its resolution 4-59-95 adopted on April 25, 1995, with regard to Petition 95-3-6-2, submitted by the City Planning Commission to determine whether or not to amend Section 15 03 of the ML district removing a prohibition of general and professional offices as permitted uses and Section 14 02 of the R-E district to prohibit OS waiver uses in R-E districts, and the Council having conducted a public hearing with regard to this matter on Wednesday, July 12, 1995, pursuant to Council Resolution 318-95, the Council does hereby approve Petition 95-3-6-2 for preparation of the ordinance for submission to Council; and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #544-95 RESOLVED, that having considered a communication dated July 10, 1995, from the Department of Law transmitting for Council acceptance two Grants of Easement, more particularly described as (1) Grant of Easement dated June 6, 1995, executed by Leo Soave, President, Soave Building Company Inc , a Michigan Corporation, to the City of Livonia, for Sanitary Sewer Easement A 10 00 foot wide private easement for the installation and maintenance of sanitary sewer over the following parcel of land The East 10 00 feet of Lot 12 of Orangelawn Woods Subdivision, as recorded in L 106, pages 39 and 40, Wayne County Records, said subdivision being a part of the Northeast 1/4 of Section 33, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan (Sidwell No 129-04-0012-000) AND (2) Grant of Easement dated June 6, 1995, executed by Leo Soave, President, Soave Building Company Inc., a Michigan Corporation, to the City of Livonia, for Sanitary Sewer Easement 28953 A 10 00 foot wide private easement for the installation and maintenance of sanitary sewer over the following parcel of land The West 10 00 feet of Lot 11 of Orangelawn Woods Subdivision, as recorded in L 106, pages 39 and 40, Wayne County Records, said subdivision being a part of the Northeast 1/4 of Section 33, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan (Sidwell No 129-04-0011-000) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grants 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 #545-95 RESOLVED, that having considered a communication from the Director of Public Works, dated July 10, 1995, approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the donation of three park benches from Waste Management of Michigan - Detroit North for use by the Cleveland PTA at Cleveland School On a motion by Jurcisin, seconded by Brosnan, and unanimously adopted, it was #546-95 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, it was #547-95 RESOLVED, that the Council does hereby rescind and repeal Council Resolution 849-92, adopted on November 9, 1992, which denied the request of Moeller Manufacturing Company to obtain a 1974 P A 198 exemption for the transfer of facilities from the City of Livonia to Plymouth Township A roll call vote was taken on the foregoing resolution with the following result AYES Brosnan, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS Kavanagh The President declared the resolution adopted 28954 On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #548-95 RESOLVED, that having considered a communication from Dale A Jurcisin, Councilmember, dated July 19, 1995, the Council does hereby refer the matter of additional monies which will be coming to Livonia as a result of successful passage of the SMART millage to the Finance, Insurance and Budget Committee for its report and recommendation On a motion by McGee, seconded by Brosnan, and unanimously adopted, it was #549-95 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from NYX Incorporated, dated July 24, 1995, covering new industrial facilities to be located within City of Livonia Industrial Development District 22; 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 Wednesday, September 6, 1995, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Wednesday, September 6, 1995, 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 Council President Taylor welcomed Tedd Schneider, reporter for the Livonia Observer & Eccentric newspaper, who was present in the audience back from vacation 28955 On a motion by Toy, seconded by Jurcisin, and unanimously adopted, this 1,301st Regular Meeting of the Council of the City of Livonia was adjourned at 9 05 p m , July 24, 1995 aIL Roan McCotter, City Clerk