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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-04-13 28175 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SEVENTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 13, 1994, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 06 p m Councilmember Ochala delivered the invocation Roll was called with the following result Ron Ochala, Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, and Gerald Taylor Absent None Elected and appointed officials present Robert D Bennett, Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; James Andres, Chief Accountant; Ronald Reinke, Superintendent of Parks and Recreation; John Fegan, Director of Inspection; Robert J Beckley, Director of Public Works; and Dorothy Wilshaw, Arts Commission On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #230-94 RESOLVED, that the minutes of the 1,269th Regular Meeting of the Council of the City of Livonia, held March 23, 1994, are hereby approved as submitted On a motion by Feenstra, seconded by McGee, and unanimously* adopted, it was #231-94 RESOLVED, that the minutes of the 230th Special Meeting of the Council of the City of Livonia, held March 28, 1994, are hereby approved as submitted *Councilmember Toy abstained from voting which is recorded as a "yes" vote Imo under the provisions of Section 2 04 190B of the Livonia Code of Ordinances 28176 The Council recognized Debbie Sotzen and Al Flores as being ILM present; Ms Sotzen introduced the Beverly Park Playground drill team and asked for construction assistance regarding this project Also recognized as being present were students from Franklin High School On a motion unanimously introduced, seconded and adopted, it was #232-94 WHEREAS, on April 22, 1944, a Special election on consolidation of the seven school districts was held Pierson, Briggs, Livonia Center, Wilcox, Elm-Rosedale, Stark and Newburg, and WHEREAS, on May 6, 1944, the first School Board election was held determining School Board Members Fred Weinert, President; G A Bakewell, Secretary; George Bentley, Treasurer; L Jack Gate, Trustee; and Earl Bedell, Trustee; and WHEREAS, in 1970 - 71, the Livonia Public Schools School District consisted of 36 elementary schools, 10 junior high schools and 4 high schools, and WHEREAS, today the Livonia Public Schools School District consists of 22 elementary schools with a student population of 9, 333, 4 middle schools with a student population of 2, 722, 3 high schools with a student population of 4, 781, and a career center; and WHEREAS, Harry 0 Johnson, Cole S Brembeck, Benton Yates, Rolland H Upton, George G Garver, James P Carli, Carole M Samples, and Joseph J Marinelli, serviced as School Superintendents NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Livonia hereby commend the Livonia Public Schools School District, its Board Members, Superintendents, Administrators, Teachers, and support staff for 50 years of conscientious and progressive educational instruction to the youth of the District At the direction of the Chair, the Mayor's letter of April 13, 1994, re the General Fund Millage Proposal for the August 1994 Primary Election was added as an X-item to the Study Agenda of April 18, 1994 INNA communication from the Department of Finance, dated March 17, 1994, re various financial statements of the City of Livonia for the 28177 month ending January 31, 1994, was received and placed on file for the Ihm information of the Council At the direction of the Chair, Item 3 was removed from the Consent portion of the Agenda On a motion by Feenstra, seconded by Ochala, it was #233-94 RESOLVED, that having considered an application from Laura Wisnieski, 17560 Loveland, dated March 11, 1994, requesting permission to close that portion of Northgate and Bell Creek Lane from 32950 Northgate to 17711 Bell Creek Lane on Saturday, June 11, 1994, 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 Sunday, June 12, 1994, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #234-94 RESOLVED, that having considered a letter from certain residents of the Livonia Fairway Farms Subdivision, dated March 1, 1994, requesting assistance with respect to a standing water problem caused by reason of an inadequate drainage system in their area, the Council does hereby request that the Engineering Department submit its report and recommendation #235-94 RESOLVED, that having considered a letter from St Andrew's Episcopal Church, dated March 10, 1994, which requests permission to place signs announcing an All-Parish Rummage/Garage Sale to be conducted on Friday and Saturday, April 22 and April 23, 1994, which signs are double-sided and are 4' x 5' in size and which will be located on the northeast corner of Hubbard and Five Mile Road and the northeast corner of Hubbard and Six Mile Road, the Council does hereby grant and approve this request in the manner and form herein submitted #236-94 RESOLVED, that having considered a letter from Smetanka Enterprises, 24121 Meadow Bridge, Mt Clemens, Michigan 48043, dated March 9, 1994, where 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 14 through April 24, 1994, to announce and advertise the site of the Fifth Annual Spring Arts & Crafts Show to be conducted at the Eddie Edgar Arena on April 23-24, 1994, the Council does hereby approve and grant this request in the manner and form herein submitted 28178 #237-94 RESOLVED, that having received a communication from the Supervisor of Northville Township, dated March 8, 1994, which, in ils behalf of the Northville Board of Trustees, requests the support of the City of Livonia for a grant application to construct a bike path along Six Mile Road, which application has been submitted to the Department of Transportation for ISTEA funds, the Council does hereby take this means to declare its support in behalf of the City of Livonia for the aforesaid application and to urge the approval of same by the Department of Transportation; and the City Clerk is hereby requested to forward a certified copy of this resolution to Paul W McAllister, Transportation Enhancement Activities, Bureau of Transportation Planning, 425 West Ottawa, P 0 Box 30050, Lansing, Michigan 48909, as well as to do all other things necessary or incidental to the full performance of this resolution #238-94 RESOLVED, that having considered a communication from the City Clerk, dated March 16, 1994, which indicates that the proprietor of Hunters Pointe Subdivision, located on the north side of Plymouth Road between Newburgh and Eckles Roads in the Southeast 1/4 of Section 30, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval; and the Council having received a communication from the City Planning Commission, dated March 18, 1994, wherein said Commission approved the final plat for the said subdivision in its resolution 3-60-94, adopted on March 8, 1994; and the Council having considered a report from the City Imo Engineer, dated March 3, 1994, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 492-93, adopted on June 23, 1993, said preliminary plat having been recommended for approval by the City Planning Commission on January 26, 1993, in its resolution 1-19-93; NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Hunters Pointe Subdivision, located in the Southeast 1/4 of Section 30, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia, and FURTHER, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #239-94 RESOLVED, that having considered a letter from the President of the Livonia Heart Fund, dated March 15, 1994, the Council does hereby determine as follows 1) That the Livonia Heart Fund is a worthy non-profit charity in the community; 2) That the City of Livonia shall be one of the co-sponsors of lim the 1994 Golf Day Benefit; and 28179 3) That the Livonia Heart Fund is hereby granted approval to use the Whispering Willows, Fox Creek and Idyl Wyld Municipal Golf Courses on Wednesday, August 24, 1994, for the 17th annual golf outing A communication from the Inspection Department, dated October 18, 1993, and a communication from the Traffic Commission, dated December 17, 1993, re perpendicular parking adjacent to 33014 Five Mile Road was received and placed on file for the information of the Council (CR 766-93) #240-94 RESOLVED, that having considered the report and recommendation of the Traffic Commission, dated December 17, 1993, approved for submission by the Mayor, and submitted pursuant to Council Resolution 766-93 with respect to the matter of perpendicular parking adjacent to 33014 Five Mile Road, the Council does hereby determine to take no further action #241-94 RESOLVED, that having considered the report and recommendation of the Director of Emergency Preparedness, dated March 16, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, and which indicates that the City' s application for a 50% matching grant, not to exceed $2,000 00, previously submitted for Federal Emergency Management Funds for the Radio Amateur Civil Emergency System was approved, the Council does hereby authorize the purchase of the emergency radio equipment referred to in the aforesaid communication from C-Comm, 6115-15th Avenue N W , Seattle, Washington 98107, for a total sum of $1, 716 00, including free shipping; FURTHER, the Council does hereby authorize the transfer of the sum of $1,000 00 from Account No 101-906-964-010 to Account No 101-429-987-000 for this purpose, as well as a sufficient advance ($716 00) from Account No 101-429-987-000, pending reimbursement from Federal Emergency Management Agency grant funds #242-94 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 16, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby accept the following alternative bids for the purchase of playground equipment and a shelter for Veterans' Park, inasmuch as the same constitute the lowest bids received and meet all specifications PLAYGROUND EQUIPMENT Iwo Play Environments, Inc $19,400 00 563 College Avenue Holland, MI 49423 28180 SHELTER Engan-Tolley and Associates $12, 640 00 P 0 Box 829 Okemos, MI 48864 FURTHER, the Council does hereby appropriate and authorize the aforesaid funds from the Unexpended Fund Balance established in Council Resolution 578-92, based upon the understanding that the State of Michigan will reimburse the City up to a maximum of $40, 125 00 #243-94 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 16, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, and which transmits Parks and Recreation Commission resolutions 2258-94 through 2261-94, adopted on March 7, 1994, wherein Council approval is requested with respect to 50/50 matching grant applications submitted under the Land and Water Conservation Fund for the following projects, which are part of the Master Recreation and Park Plan 1) Ford Field Lights & Control Booth 2) Tiffany Park Development 3) Clements Circle Pool Locker Room Renovation 4) Bicentennial Park Concession Stand Comfort Station the Council does hereby concur in and approve of the said grant applications in the manner and form herein submitted #244-94 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 16, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, and which transmits Parks and Recreation Commission resolution 2256-94, adopted on March 7, 1994, wherein it is recommended that two umpires be assigned to all regular season games and that umpires be assigned to all league play-off games, league tournaments and league-related all-star games, and that the fee schedule for the umpires be as follows Umpires will receive full pay for forfeited games - Umpires will receive full pay for games that are started and not completed - Umpires will receive $15 00 for games they travel to that are rained out prior to the first pitch - 7 inning games $40 00 per game, per umpire lio 9 inning games $45 00 per game, per umpire 28181 the Council does hereby concur in and approve of such action; FURTHER, in accordance with the recommendation of the department, the Council does hereby authorize the employment of Mr Richard Fetchiet's Umpire Association to work the collegiate games #245-94 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 16, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission resolution 2257-94, adopted on March 7, 1994, wherein it is recommended that the Council approve reimbursement of official fees to the LJFL for baseball and basketball, the Council does hereby concur in and approve of such action A communication from the Public Service Division, dated March 18, 1994, re status of Michigan Department of Public Health Water Main Permit Moratorium and impact on residential development in the northern portion of Livonia was received and placed on file for the information of the Council #246-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 18, 1994, approved for submission by the Mayor, to which is attached a letter dated March 8, 1994, addressed to the Michigan Department of Public Health by the Director of Public Works, requesting the lifting of the MDPH-imposed moratorium on water main extension permits in the northern part of Livonia, the Council does hereby refer this item to the Water Supply, Drainage, Sewage and Waste Disposal Study Committee for its report and recommendation #247-94 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 15, 1994, approved by the Finance Department and approved for submission by the Mayor, which sets forth Water and Sewer Board resolution WS 3054 3/94, the Council does hereby accept the unit price bid of Price Brothers Company, 1955 E Ten Mile Road, Warren, Michigan 48091, for supplying the Public Service Division (Water Maintenance Section) with copper water tubing for the estimated total amount of $7,620 00, the same having been in fact the lowest bid received and meets all specifications #248-94 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 15, 1994, approved by the Finance Department and approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3050 3/94, the Council does hereby accept the unit price bid of Sensus Technologies, Inc , P 0 Box 487, Uniontown, Pennsylvania 15401, lbw for supplying the Public Service Division (Water Maintenance Section) with compound water meters (with remote reading device) 28182 for an estimated total amount of $41,734 88, and the unit price bid with respect to fire line meters for the estimated total amount of $28, 035 00, the same having been in fact the lowest and only bids received which meet specifications #249-94 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 15, 1994, approved by the Finance Department and approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3053 3/94, the Council does hereby accept the unit price bid of Price Brothers Company, 1955 E Ten Mile Road, Warren, Michigan 48091, for supplying the Public Service Division (Water Maintenance Section) with water service parts and fittings for a total estimated amount of $7, 891 00, the same having been in fact the lowest bid received and meets all specifications #250-94 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 15, 1994, approved by the Finance Department and approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3047 3/94, the Council does hereby determine as follows 1) 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 74 per yard delivered; FURTHER, in the event the lowest bidder is unable to furnish the material, accept the second lowest bid of Wolverine Contractors, Inc , P 0 Box 760026, Lathrup Village, Michigan 48076, which also meets specifications, as an alternate to supply the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $6 99 per yard delivered; and 2) Accept the low bid of Wolverine Contractors, Inc , P 0 Box 760026, Lathrup Village, Michigan 48076, which meets specifications, for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price bid of $6 25 per yard for pickup; FURTHER, in the event the lowest bidder in unable to furnish the material, accept the second lowest bid of Nankin Sand Company, 39740 Cherry Hill Road, Canton, Michigan 48187, which also meets specifications, as an alternate to supply the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $6 50 per yard for pickup #251-94 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 15, 1994, approved by the Finance Department and approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3048 3/94, the Council does hereby accept the unit price bid of Price Brothers Company, 25284 Seeley, P 0 Box 914, Novi, Michigan 28183 48376-0914, for supplying the Public Service Division (Water Maintenance Section) with detector check valves with bypass fittings, less meter, the same having been in fact the lowest bid received and meets all specifications #252-94 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 15, 1994, approved by the Finance Department and approved for submission by the Mayor, which sets forth Water and Sewer Board resolution WS 3052 3/94, the Council does hereby accept the low quotation of S L C Hydro-Meter Testing & Repair, 3059 Dixie Highway, Waterford, Michigan 48328, to perform test and repair large commercial water meters at the unit prices quoted for all commercial water meters at the unit prices quoted for all meter sizes requested for the period through December 31, 1994, for a total sum not to exceed $12,450 00; FURTHER, in the event the aforesaid low quote party is unable to perform the said service, the Council does hereby accept the second low quotation of Metro Meter Service, Inc , 2814 West Second Street, Owensboro, Kentucky 42301, as an alternate to perform test and repair of large commercial water meters at the unit prices quoted for all meter sizes requested for the period through December 31, 1994, for a total sum not to exceed $12, 550 00; and the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #253-94 WHEREAS, Farmington Road in the City of Livonia, Wayne County, Michigan, is a County road under the jurisdiction of Wayne County; and WHEREAS, the Wayne County Department of Public Services is proposing a project to resurface Farmington Road from Joy Road to 0 86 miles north; and WHEREAS, the Wayne County Internal Resurfacing Program Guidelines call for cities to contribute one-third of the estimated cost for resurfacing projects; and WHEREAS, the cost for the 1994 Internal Resurfacing Program has been estimated at $96, 000 per lane mile and the local city share has been estimated at $32, 000 per lane mile; and WHEREAS, the total cost for resurfacing Farmington Road from Joy Road to 0 86 miles north has been estimated at $184,320 and the City of Livonia share has been established at $61,440 NOW, THEREFORE, BE IT RESOLVED, that the Livonia City Council does on this 13th day of April, 1994, take this means to express its desire to join with Wayne County in proceeding with a project to resurface Farmington Road from Joy Road to 0 86 miles north, Ibe and FURTHERMORE, does hereby approve and authorize payment of the City' s share of $61,440 in the manner set forth in the Wayne County Internal Resurfacing Program Guidelines, dated February 1, 1994 28184 #254-94 RESOLVED, that having considered a communication from the City Planning Commission, dated March 18, 1994, which transmits its resolution 3-57-94, adopted on March 8, 1994, with regard to Petition 94-2-3-2, submitted by the City Planning Commission, pursuant to Council Resolution 990-93, proposing the vacating of an easement on the south side of Lot 336 and the remaining portion of an easement on the north side of Lot 337, Country Homes Estates Subdivision No 2, north of Myrna Avenue between Newburgh and Levan Roads in the Southwest 1/4 of Section 17, the Council does hereby concur in the recommendation of the Planning Commission and does grant and approve the said Petition 94-2-3-2; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #255-94 RESOLVED, that having considered a communication from Fernon P Feenstra, Councilmember/SPREE Board of Directors, dated March 22, 1994, the Council does hereby approve and authorize the installation of SPREE banners on utility poles in the Civic Center area in connection with SPREE "44" ; and the Public Service Division is requested to erect the banners on or before June 13, 1994 and remove them on June 27, 1994 at no expense to SPREE #256-94 RESOLVED, that having considered a communication from the Commander and the Rummage Sale Chairperson of the Disabled American Veteran Auxiliary Chapter 114, received by the Office of lim the City Clerk on March 25, 1994, requesting permission to post signs approximately 12" x 16" in size two weeks before a rummage and bake sale to be conducted on April 30, 1994 at the following intersections Schoolcraft and Merriman Road Plymouth and Newburgh Joy Road and Wayne Road Schoolcraft and Newburgh Merriman and Seven Mile Road Six Mile and Newburgh and with a banner to be posted on the Memorial Home at 8850 Newburgh Road, the Council does hereby grant and approve this request in the manner and form herein submitted #257-94 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934; MCLA 125 584) , as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, May 23, 1994 at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, tor Michigan, with respect to the following items 28185 (1) Petition 94-1-1-3, submitted by the City Planning Commission on its own motion for a change of zoning of property located lbw on the east side of Deering, north of Joy Road, in the Southeast 1/4 of Section 36, from C-2 to RUF, the City Planning Commission in its resolution 3-49-94 having recommended to the City Council that Petition 94-1-1-3 be approved; (2) Petition 94-1-1-4, submitted by the City Planning Commission on its own motion for a change of zoning of property located on the west side of Cardwell, north of Joy Road, in the Southeast 1/4 of Section 36, from RUF to R-1, the City Planning Commission in its resolution 3-50-94 having recommended to the City Council that Petition 94-1-1-4 be approved; (3) Petition 94-1-1-5, submitted by the City Planning Commission, pursuant to Council Resolution 959-93, for a change of zoning of property located on the west side of Middlebelt Road between Seven Mile Road and Clarita Avenue, in the Northeast 1/4 of Section 11, from C-1 and C-2 to P and from C-1 to C-2, the City Planning Commission in its resolution 3-51-94 having recommended to the City Council that Petition 94-1-1-5 be approved; (4) Petition 94-2-6-1, submitted by the City Planning Commission Imo on its own motion to determine whether to amend Section 18 46 of Zoning Ordinance 543 pertaining to division or partitioning of lots, the City Planning Commission in its resolution 3-58-94 having recommended to the City Council that Petition 94-2-6-1 be approved; and (5) Petition 94-2-6-2, submitted by the City Planning Commission on its own motion to determine whether to amend Section 23 05 of Zoning Ordinance 543 relative to the required zoning sign, the City Planning Commission in its resolution 3-59-94 having recommended to the City Council that Petition 94-2-6-2 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 Imo all other things necessary or incidental to the full performance of this resolution 28186 #258-94 RESOLVED, that having considered a communication from the City Engineer, dated March 22, 1994, approved for submission by the Mayor, and submitted pursuant to Council Resolution 965-93, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed street improvement of Munger Road, east of Merriman in the Northwest 1/4 of Section 14, City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans, specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of March 22, 1994, and that there has been a full compliance with all of the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, May 16, 1994, at 7 00 p m as the date and time for a public hearing on the necessity for such proposed improvement which public hearing shall be held before the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 070 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3 08 070 of said Code A roll call vote was taken on the foregoing resolutions with the following result AYES Ochala, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #259-94 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated April 11, 1994, in connection with communications from the Beverly Park Playground Coordinator, dated March 9, 1994 and March 21, 1994, wherein a request is submitted to be placed 160 within a Category I or II with respect to a golf outing to be conducted on Thursday, May 12, 1994, at the Fox Creek Golf Course, and which further request permission to conduct an afternoon shotgun start, the Council does hereby authorize the 28187 Parks and Recreation Department to charge a fee of $5 00 per golfer/18 holes, or an equivalent donation, for the use of Fox Creek Golf Course in connection with this event, but does reject the request to dispense liquor and conduct a shotgun start, determining in this regard that established Parks and Recreation Department policies and procedures should apply On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #260-94 RESOLVED, that having considered a communication from Douglas M Symons, dated April 7, 1994, submitted in behalf of the Beverly Park Playground Project requesting permission to display two (2) portable signboards which are 5' high by 11' wide and are attached to portable trailers, one of which is to be displayed at the northeast corner of Six Mile and Middlebelt and the other at the southeast corner of Five Mile and Farmington, from April 27, 1994 to May 13, 1994, the purpose of which is to post a worker recruitment message for this project, the Council does hereby concur in and approve this request in the manner and form herein submitted On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was #261-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 7, 1994, and submitted pursuant to Council Resolution 841-93, in connection with a communication from the City Planning Commission, dated August 4, 1993, which sets forth its resolution 7-148-93, adopted on July 27, 1993, with regard to Petition 93-6-2-14, submitted by M & N Corporation Limited, requesting waiver use approval to utilize an SDM license for a proposed business to be located within an existing shopping center on the north side of Seven Mile Road between Rensellor and Antago Boulevards in the Southeast 1/4 of Section 1, which property is zoned C-1, and the Council having conducted a public hearing with regard to this matter on September 27, 1993, pursuant to Council Resolution 650-93, and having also considered the report and recommendation as set forth in communications from the Chief of Police, dated November 16, 1993, December 21, 1993 and January 7, 1994, approved for submission by the Mayor, the Council does hereby concur in the recommendation of the Planning Commission, and Petition 93-6-2-14 is hereby denied for the same reasons as those set forth in the aforesaid recommendation of the Planning Commission On a motion by Ochala, seconded by Feenstra, it was #262-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 21, 1994, and submitted pursuant to Council Resolution 136-94 in connection with a communication from the City Planning 28188 Commission, dated December 9, 1993, which sets forth Planning Commission resolution 11-214-93, adopted on November 30, 1993, with regard to Petition 93-8-1-12, as amended, by Tri-West Development Corporation for a change of zoning on property located on the south side of Five Mile Road between Bainbridge Avenue and Henry Ruff Road in the Northwest 1/4 of Section 23 from RUFA to R-1A, and the Council having conducted a public hearing with regard to this matter on February 7, 1994, pursuant to Council Resolution 994-93, and having also considered the report and recommendation of the City Planner, dated April 7, 1994, the Council does hereby approve Petition 93-8-1-12 for preparation of the ordinance for submission to Council so as to rezone the subject property from RUFA to R-3A; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law, and upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS Toy The President declared the resolution adopted On a motion by McGee, seconded by Jurcisin, it was #263-94 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated March 29, 1994, and submitted pursuant to Council Resolution 871-93 in connection with a petition submitted by residents of Livonia Hills Estates Subdivision, dated October 8, 1993, wherein a request is submitted for explanation/clarification as to charges or fees to be assessed in connection with the water/sewer project that is currently in progress and which commenced on or about August 1, 1993, in said subdivision as a result of action taken in Council Resolution 410-93, and having also considered a communication from the Water and Sewer Board, dated December 20, 1993, approved by the Finance Department and approved for submission by the Mayor, and which transmits its resolution WS 3041 12/93, and to which is attached a report and recommendation from the Public Utility Manager and the Director of Public Works, dated December 13, 1993, and having also considered the report and recommendation of the Mayor, dated December 29, 1993, submitted pursuant to Council Resolution 872-93, the Council does hereby concur in the recommendation of the Water and Sewer Board that the fees and charges for the Livonia Hills Subdivision shall be made as follows 28189 1 Approve the sewer connection charge of $1, 000 per lot which is in accordance with the Livonia Code of Ordinances, as amended; and 2 Revise the water main debt rate to $3, 800 per lot or $35 00 per front foot, whichever is less A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Jurcisin, Feenstra, McGee, and Taylor NAYS Toy and Kavanagh The President declared the resolution adopted On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #264-94 RESOLVED, that having considered the report and recommendation of the Water Supply, Drainage, Sewage and Waste Disposal Study Committee, dated March 29, 1994, and submitted pursuant to Council Resolution 871-93, the Council does hereby request that the Water and Sewer Board submit its report and recommendation with regard to the remaining lots and areas in the City of Livonia which are presently without public water and sewer facilities and what plans, if any, there are to provide such facilities in the future Jurcisin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 6 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 93-11-1-17) 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, and unanimously adopted, it was lom #265-94 RESOLVED, that having considered a communication from the Department of Law, dated March 31, 1994, submitted pursuant to Council Resolution 227-94, in which submits a proposed ordinance amendment in connection with Petition 93-11-1-17 for a 281 90 change of zoning on property located on the north side of Seven Mile Road east of Haggerty in the SW 1/4 of Section 6 from ML to C-2, and which ordinance amendment did receive first reading by Councilmember Jurcisin on April 13, 1994, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Feenstra gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 94-1-3-1) 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 Feenstra 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 Ochala, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 290 OF TITLE 6, CHAPTER 04 (DOGS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 210 OF TITLE 6, CHAPTER 06 (CATS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 28191 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 020 OF TITLE 10, CHAPTER 87 (TOY VEHICLES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Toy, Feenstra, McGee, and Taylor NAYS Ochala, Jurcisin, and Kavanagh The President declared the foregoing Ordinance duly adopted, and would Ike become effective on publication Jurcisin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 060 OF TITLE 16, CHAPTER 32 (LOT PARTITION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication McGee took from the table, for second reading and adoption, the Imo following Ordinance 28192 AN ORDINANCE AMENDING SECTION 26 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 93-10-1-14) A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Kavanagh took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 1 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 91-10-1-19) A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, Jurcisin, Feenstra, McGee, and Kavanagh NAYS Toy and Taylor The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was #266-94 RESOLVED, that having considered a communication from the law firm of Cross Wrock, dated March 21, 1994, in behalf of their client, Ameritech Mobile Communications, Inc , the general partner of Detroit SMSA Limited Partnership, and having also considered the report and recommendation of the Mayor, dated Imo March 25, 1994, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a proposed lease agreement between the City of Livonia and Detroit SMSA Limited Partnership by its sole general partner, 28193 Ameritech Mobile Phone Service of Detroit, Inc , for a five-year period, extendable in five-year increments for twenty-five years, at a location in Botsford Park, and payable upon the terms and conditions detailed in the aforesaid communications, and subject to approval as to form by the Department of Law On a motion by Toy, seconded by Feenstra, it was #267-94 RESOLVED, that having considered a communication from the City Assessor, dated March 10, 1994, approved for submission by the Mayor, with regard to a request from Ms Patricia Fewell, 37955 Lakeshore Drive, Harrison Township, Michigan 48045, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46 144 01 0022 000 (includes Lot 23) into two parcels, the legal descriptions of which shall read as follows Lot 22 of Joy Road Cozy Homesites Subdn , City of Livonia, Wayne County, Michigan, as recorded in Liber 69 of Plats, on Page 9 of Wayne County Records Lot 23 of Joy Road Cozy Homesites Subdn , City of Livonia, Wayne County, Michigan, as recorded in Liber 69 of Plats, on Page 9 of Wayne County Records as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; 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 A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS Ochala The President declared the resolution adopted On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #268-94 RESOLVED, that the Council does, in accordance with Section 23 01 (a) of Zoning Ordinance 543, request that the City Planning Commission conduct a public hearing and thereafter submit a report and recommendation on the question of whether property located in the immediate vicinity of Deering north of Joy Road should be rezoned to a more appropriate residential zoning classification 28194 On a motion by Ochala, seconded by McGee, and unanimously adopted, it was #269-94 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated February 3, 1994, and the report and recommendation of the Chief of Police, dated March 1, 1994, approved for submission by the Mayor, the Council does hereby approve of the request from Bob Evans Farms, Inc , to add space and cancel existing Outdoor Service (two areas) in conjunction with 1993 Class C Licensed Business with Official Permit (Food) and Outdoor Service (two areas) , located at 19265 Victor Parkway, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Kavanagh, seconded by Jurcisin, it was #270-94 RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the subject of the exterior appearance of the Cantina del Rio restaurant which is located at 19265 Victor Parkway, Livonia, Michigan A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Toy, Jurcisin, McGee, Kavanagh, and Taylor NAYS Feenstra The President declared the resolution adopted On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #271-94 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 3, 1993, and the report and recommendation of the Chief of Police, dated January 7, 1994, approved for submission by the Mayor, the Council does hereby approve of the request from Chrysler Financial Corporation, stockholder in Chrysler First Business Credit Corporation (a Delaware Corporation) to transfer ownership of 1990 Class C-SDM Licensed Business (in escrow) with Dance Permit from LeBordeaux, Inc ; David W Allard, Jr , Interim Trustee (Step I) , for a business located at 30325 Six Mile, Livonia, MI 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was 28195 #272-94 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 3, 1993, and the report and recommendation of the Chief of Police, dated March 1, 1994, approved for submission by the Mayor, the Council does hereby approve of the request from Kelly Schein and David T Pettey, stockholders in House of Billiards, Inc to transfer ownership of 1990 Class C Licensed Business (in escrow) as reclassified to a Tavern License for dispensing beer and wine only with new Entertainment-M Permit (without dressing rooms) from Chrysler First Business Credit Corporation; and transfer location from 30325 W Six Mile, Livonia, Michigan 48152, Wayne County, (Step II) to the business to be located at 28139 W Eight Mile, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it was #273-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 4, 1994, approved by the Finance Department 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) with the bituminous materials specified at the unit prices bid through April 15, 1995 1) Angelo's Asphalt Materials, 26400 Sherwood, Warren, Michigan 48091 - 12WM Asphaltic Concrete - $21 00 per ton; 2) Nagle Paving Company, 30630 West Twelve Mile Road, Farmington Hills, Michigan 48334 - 1100 Asphaltic Concrete - $21 50 per ton; 3) Barrett Paving Materials, Inc , 13501 Huron River Drive, Romulus, Michigan 48174 - Cold Patch Asphaltic Material - $32 00 per ton (delivered) ; and 4) Asphalt Products, 27575 Wixom Road, P 0 Box 817, Novi, Michigan 48376 - Cold Patch Material (U P M Sylvax Brand) - $58 25 per ton; FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second low bids, which also meet specifications, as alternates, to supply the Public Service Division (Road Maintenance Section) with the bituminous materials specified for the period through April 15, 1995 1) Nagle Paving Company, 30630 West Twelve Mile Road, Farmington Hills, Michigan 48334 - 12WM Asphaltic Concrete - $25 50 per ton; 28196 2) Angelo's Asphalt Materials, 26400 Sherwood, Warren, Michigan lbw 48091 - 1100 Asphaltic Concrete - $17 65 per ton; 3) Asphalt Products, 27575 Wixom Road, P 0 Box 817, Novi, Michigan 48376 - Cold Patch Asphaltic Material - $32 25 per ton (delivered) ; and 4) Barrett Paving Materials, Inc , 13501 Huron River Drive, Romulus, Michigan 48174 - Cold Patch Material (U P M Sylvax Brand) - $59 50 per ton On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #274-94 RESOLVED, that having considered a communication from the Water and Sewer Board, dated March 15, 1994, approved by the Finance Department and approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3049 3/94, the Council does hereby accept the low and only bid of Peltz Sodding, Inc , 34111 Schoolcraft Road, Livonia, Michigan 48150, which meets specifications, for supplying the Public Service Division (Water Maintenance Section) with blue grass sod at the unit bid price of $1 25 per yard delivered and $1 00 per yard for pickup; FURTHER, in the event the aforesaid bidder is unable to furnish the material, the Council does accept the late bid of lbw Huggett Sod Farm, Inc , 4114 E Marlette Road, Marlette, Michigan 48453, which also meets specifications, as an alternate to supply the Public Service Division (Water Maintenance Section) with blue grass sod at the unit bid price of $ 89 per yard delivered and $ 69 per yard for pickup On a motion by Toy, seconded by Ochala, and unanimously adopted, it was #275-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 9, 1994, which bears the signature of the Finance Department 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 1994 Pavement Joint and Crack Sealing Program for the estimated total cost of $103,825 00, 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 $103,825 00 from the Michigan Transportation Fund (Local Road ibm 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 28197 On a motion by Feenstra, seconded by Jurcisin, it was #276-94 RESOLVED, that having considered a communication from the City Planning Commission, dated March 18, 1994, which transmits its resolution 3-63-94, adopted on March 8, 1994 with regard to Petition 94-2-8-2, submitted by Rally's Hamburgers, Inc , requesting site plan approval in connection with a proposal to construct a structural canopy on the restaurant located at 33500 Plymouth Road in Section 28, pursuant to the provisions set forth in Section 18 58 of Ordinance 543, as amended, the Council does hereby reject the recommendation of the Planning Commission and Petition 94-2-8-2 is hereby denied for the following reasons 1) That the petitioner has failed to justify a need for the proposed canopy; 2) That the subject property does not have the capacity to accommodate the canopy within the required front yard setback; and 3) That due to its size and location, this awning would be detrimental to the aesthetic quality and beauty of the surrounding neighborhood by presenting a visual blight that could jeopardize the property values in the area as set forth in the comprehensive plan of the Zoning Ordinance A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, Feenstra, McGee, and Taylor NAYS Ochala, Toy, and Kavanagh The President declared the resolution adopted A communication from the Department of Law to Councilmember Ronald Ochala, dated March 30, 1994, re conditions of site plan and waiver use approval, was received and placed on file for the information of the Council On a motion by Feenstra, seconded by McGee, it was #277-94 RESOLVED, that having considered a communication from the City Planning Commission, dated March 18, 1994, which transmits its resolution 3-63-94, adopted on March 8, 1994 with regard to Petition 94-2-8-2, submitted by Rally's Hamburgers, lim Inc , requesting site plan approval in connection with a proposal to construct a structural canopy on the restaurant located at 33500 Plymouth Road in Section 28, pursuant to the provisions set forth in Section 18 58 of Ordinance 543, as amended, the Council does hereby refer the subject of this petition to the Legislative Committee for its report and recommendation 28198 A roll call vote was taken on the foregoing resolution with the following lim result AYES Ochala, Toy, Feenstra, McGee, and Taylor NAYS Jurcisin and Kavanagh The President declared the resolution adopted On a motion by McGee, seconded by Kavanagh, it was #278-94 RESOLVED, that having considered a communication from the City Planning Commission, dated March 18, 1994, which transmits its resolution 3-53-94, adopted on March 8, 1994, with regard to Petition 94-2-2-4, submitted by Chinese Family Buffet, requesting waiver use approval to operate a full service restaurant in an existing building located on the south side of Five Mile Road between Middlebelt Road and Beatrice Avenue in the Northeast 1/4 of Section 23, which property is zoned C-2, the Council does hereby reject the recommendation of the City Planning Commission and Petition 94-2-2-4 is hereby denied for the following reasons 1) That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general Lwaiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance #543; and 2) That the proposed use is incompatible to and not in harmony with the surrounding uses in the area A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS Toy The President declared the resolution adopted On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #279-94 RESOLVED, that having considered a communication from the City Planning Commission, dated January 27, 1994, which sets forth its resolution 1-12-94, adopted on January 11, 1994, with regard to Petition 92-10-1-24, submitted by John Dinan for a Lchange of zoning on property located on the south side of Pembroke between Newburgh Road and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to OS, and the Council having conducted a public hearing with regard to this matter on 28199 March 21, 1994, pursuant to Council Resolution 75-94, the Council does hereby approve Petition 92-10-1-24 for preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #280-94 RESOLVED, that having considered a communication from the City Planning Commission, dated January 27, 1994, which sets forth its resolution 1-1-94, adopted on January 11, 1994, with regard to Petition 93-10-1-15, submitted by the City Planning Commission pursuant to Council Resolution 688-93, for a change of zoning on property located on the north side of Seven Mile Road between Lathers and Angling in the Southeast 1/4 of Section 1, from OS, P and RUF to RC, and the Council having conducted a public hearing with regard to this matter on March 21, 1994, pursuant to Council Resolution 75-94, the Council does hereby approve Petition 93-10-1-15 for preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Toy, seconded by Feenstra, and unanimously adopted, it was #281-94 RESOLVED, that having considered a communication from the City Planning Commission, dated January 27, 1994, which sets forth its resolution 1-4-94, adopted on January 11, 1994, with regard to Petition 93-11-1-18, submitted by Wheeler & Sons Building Company, for a change of zoning of property located on the north side of Plymouth Road west of Newburgh Road in the Southeast 1/4 of Section 30 from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on March 21, 1994, pursuant to Council Resolution 75-94, the Council does hereby approve Petition 93-11-1-18 for preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution 28200 On a motion by Ochala, seconded by McGee, it was RESOLVED, that having considered a communication from the City Planning Commission, dated January 24, 1994, which sets forth its resolution 1-9-94, adopted on January 11, 1994 with regard to Petition 93-12-2-29, submitted by Richard Bame, requesting waiver use approval to allow outdoor storage of contractor's materials and equipment on property located on the west side of Beatrice between Eight Mile Road and Morlock Avenue in the Northeast 1/4 of Section 2, which property is zoned M-1, and the Council having conducted a public hearing with regard to this matter on March 21, 1994, pursuant to Council Resolution 76-94, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 93-12-2-29 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission On a motion by Kavanagh, seconded by Feenstra, it was #282-94 RESOLVED, that having considered a communication from the City Planning Commission, dated January 24, 1994, which sets forth its resolution 1-9-94, adopted on January 11, 1994 with regard to Petition 93-12-2-29, submitted by Richard Bame, requesting waiver use approval to allow outdoor storage of contractor's materials and equipment on property located on the west side of Beatrice between Eight Mile Road and Morlock Avenue in the Northeast 1/4 of Section 2, which property is zoned M-1, and the Council having conducted a public hearing with regard to this matter on March 21, 1994, pursuant to Council Resolution 76-94, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS Ochala The President declared the resolution adopted On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #283-94 RESOLVED, that the Council does hereby request that the Inspection Department submit a report and recommendation with regard to the condition of properties located along the south side of Eight Mile Road with respect to the storage of vehicles and construction materials On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was 28201 #284-94 RESOLVED, that having considered a communication from the Department of Law, dated March 29, 1994, submitted pursuant to Council Resolution 70-94, transmitting for Council acceptance a Warranty Deed dated March 25, 1994, executed by Vernon and Patricia Monkman, conveying to the City certain property described as follows The South 60 feet of the following described parcel The S E 1/4 of the S E 1/4 of the S E 1/4 of the S E 1/4 of the S W 1/4 of Section 2, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, except the East 30 feet thereof (Seven Mile Road Right-of-Way) and also That part of the S W 1/4 of Section 2, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as beginning at the South 1/4 corner of said Section 2 and proceeding thence due North along the N & S 1/4 line of Section 2, 60 feet and due West 30 feet to the West line of Purlingbrook Avenue (60 feet wide) and the Point of Beginning; proceeding thence due West, 20 feet; thence N 90 27' 44" East, 121 655 feet; thence due South along the West line of said Purlingbrook Avenue, 120 feet to the Point of Beginning (Purlingbrook Avenue Right-of-Way) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty Deed; and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by McGee, seconded by Toy, and unanimously adopted, it was #285-94 RESOLVED, that having considered a communication dated March 28, 1994, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as Grant of Easement, dated March 22, 1994, executed by Jean G Bradley, survivor of herself and her deceased husband, Maurice C Bradley, Jr , to the City of Livonia, for Storm Sewer Easement The South 12 feet of the North 20 feet of the following described parcel Imo That part of the S W 1/4 of Section 1, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the North and South 1/4 line of said section distant North 1760 0 feet from the South 1/4 corner 28202 of Section 1 and proceeding thence North along said line 110 0 feet; thence West 330 0 feet; thence South 110 0 feet; thence East 330 0 feet to the point of beginning, except the West 30 0 feet thereof (Part of Tax Parcel No 003-99-0022-000) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution Several individuals spoke during the audience communication portion of the meeting They are as follows 1) Jerry Sisco, 20490 Louise, Livonia, questioned the direction of Item 50 of the Agenda (the waiver petition by Richard Bame) ; 2) Mary Fife, 19321 Lathers, Livonia, questioned the building plans of the proposed condos on the Lathers property; 3) Ms Sloan, 19314 Lathers, Livonia, expressed a concern over the landscaping for the proposed condos on Lathers; and 4) John Finch, 19304 Lathers, Livonia, raised some questions re the Lathers condos (site plan, flood plain by the school, standing water) Councilmember Feenstra offered congratulations to Wayne County Commission Thaddeus McCotter and his wife Rita on their third wedding anniversary On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, this 1,270th Regular Meeting of the Council of the City of Livonia was adjourned at 9 37 p m , April 13, 1994 41, 1 ))1,&dtifr .,_ ..n McCotter, City Clerk