Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1994-02-09 28078 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SIXTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 9, 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 05 p m Councilmember Jurcisin delivered the invocation Roll was called with the following result * Dale A Jurcisin, Fernon P Feenstra, Sean P Kavanagh, Ron Ochala, Laura M Toy, and Gerald Taylor Absent None (*Michael P McGee entered at 8 13 p m ) Elected and appointed officials present Raul Galindo, City Engineer; H Shane, Assistant City Planner; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Gail Karczynski, Director of Administrative Services; Karen A Szymula, Director of Legislative Affairs; James Andres, trt Chief Accountant; John Fegan, Director of Inspection; David Woodcox, Sr Building Inspector; Robert J Beckley, Director of Public Works; Raymond Pomerville, Director of Labor Relations; Robert Alanskas, Planning Commission; and Dorothy Wilshaw, Arts Commission On a motion by Kavanagh, seconded by Jurcisin, and unanimously* adopted, it was #63-94 RESOLVED, that the minutes of the 1, 265th Regular Meeting of the Council of the City of Livonia, held January 26, 1994, are hereby approved as submitted *Councilmember Ochala abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances No one in the audience wished to speak during the audience communication portion at the beginning of the meeting On a motion by Feenstra, seconded by Kavanagh, it was 28079 #64-94 RESOLVED, that having considered a letter from the Chairperson of the Kennedy Elementary School PTA, dated January lbw 5, 1994, requesting permission to post signs in connection with its craft show to be conducted on March 19, 1994, which signs are approximately 12" x 16" in size, will be posted on metal wires and will be located at the following intersections Five Mile Road and Hubbard Road Schoolcraft Road and Hubbard Road Farmington Road and Lyndon Road Merriman Road and Lyndon Road Five Mile Road and Merriman Road Merriman Road and Schoolcraft Road Schoolcraft Road and Farmington Road Farmington Road and Schoolcraft Road as well as in front of the school at 14201 Hubbard, the Council does hereby grant and approve this request for a one-week period beginning March 12, 1994 #65-94 RESOLVED, that having considered Petition 94-1-3-1, submitted by Beverly Spranger, 1625 Ludean, Highland, Michigan 48356, dated January 25, 1994, wherein a request is submitted for the vacating of a portion of an easement located at 11061 W Clement Circle (Lot 104 Thomas Elliot 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 charter A communication from the Inspection Department, dated January 17, 1994, re the source of smoke from property located at 29040 Joy Road (Wrightman Trailer) was received and placed on file for the information of the Council (CR 15-94) #66-94 RESOLVED, that having considered a communication from the Cable Television Commission, dated January 19, 1994, approved by the Director of Community Resources and approved for submission by the Mayor, and which transmits its resolution 215-94, wherein it is recommended that the allocation of public access channels be approved as follows (subject to review in one year) CHANNEL DESIGNATION 3 Community Bulletin Board 8 City Channel 10 M-ITV Educational Programming - State 12 Community Programming liw 13 Catholic Television Network (CTN) and Eternal Word Television Network (EWTN) 15 Educational Programming - Livonia K-12 28080 16 Educational Programming - Livonia College Network - Shared by Madonna University lbw and Schoolcraft College 19 Loaned to MetroVision for WADL - Mt Clemens 20 College Cable 23 Educational Programming - Clarenceville K-12 24 Loaned to MetroVision for WBSX - Ann Arbor 25 Blank for future allocation the Council does hereby concur in and approve of the aforesaid action #67-94 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 5, 1994, approved for submission by the Finance Department and the Mayor, the Council does hereby accept the bid of Robertson Brothers Service, Inc , 3190 Haggerty Road, West Bloomfield, MI 48323, as follows Opening Closing Opening and Closing of Botsford Swimming Pool $1, 100 00 $450 00 Opening and Closing of Clements Circle Swimming Pool $1, 100 00 $450 00 the same having been in fact the lowest and only bid received and meets all specifications #68-94 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 5, 1994, approved for submission by the Finance Department and the Mayor, the Council does hereby accept the unit price bid of Northwest Pools, Inc , 7045 Angola Road, Holland, Ohio 43528, for supplying chlorine for the City pools for the 1994 season, for a per gallon price of $ 75, and for a total estimated price of $5, 250 00, the same having been in fact the lowest bid received and meets all specifications #69-94 RESOLVED, by the City Council of the City of Livonia, that the annual Spree Fireworks Display be, and hereby is approved for Sunday, June 26, 1994, beginning at 10 00 p m and that the Wayne County Road Commission is hereby requested to close Farmington Road from Five Mile Road to Schoolcraft Road between the hours of 8 00 p m and 11 30 p m or until the road is returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, and that Lieutenant Joseph Derscha is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia 28081 #70-94 RESOLVED, that having considered a communication from the Department of Law, dated January 19, 1994, approved by the City Engineer and the Finance Department and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire a 27 foot strip of property, 135 feet in length, and a triangular parcel on Purlingbrook, located at 19121 Purlingbrook, owned by Vernon Monkman and Patricia Monkman, which land is more particularly 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 and 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 9°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) subject to the following conditions (1) that the purchase price shall be in the sum of $3,495 00; (2) that the City of Livonia shall pay for the cost of title work and any application costs in obtaining a discharge of mortgage on the property in a sum not to exceed $300 00; (3) that the City's portion of the prorated City, County, County Drain, School and Community College taxes shall be in a sum not to exceed $150; and (4) that the City assume the cost of the required 675 square feet of sidewalk (estimated to be $1, 350 00) ; BE IT FURTHER RESOLVED, that a sum not to exceed $5,295 00 is hereby authorized to be expended from the $12 Million Obligation Road Improvement Bond Issue approved by the electorate in 1989 for the acquisition of said Seven Mile Road right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #71-94 RESOLVED, that having considered a communication from thw the City Engineer (in his capacity as Street Administrator) , dated January 7, 1994, which is approved for submission by the Mayor, and submitted pursuant to Section 13 (6) a of Act 51, of the 28082 Public Acts of Michigan of 1951, as amended with regard to the transfer of funds for the fiscal year 1993-94 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, 25% of the amount designated for the Major Street System to be used on the Local Street System, and the City Clerk and Finance Department are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution #72-94 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator) , dated January 7, 1994, which bears the signature of the Finance Department, approved for submission by the Mayor and submitted pursuant to Section 13 (6) (b) of Act 51 of the Public Acts of Michigan of 1951, as amended with regards to the transfer of funds for the fiscal years of 1993-94 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, $600, 000 from those funds designated for use on the Major Street System to be used on the Local Street System, and the City Clerk and Finance Department are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution #73-94 RESOLVED, that having considered a communication from lOW the City Engineer, dated January 17, 1994, approved for submission by the Mayor, to which is attached lists of sidewalks requiring installation, repair and/or replacement within miscellaneous locations throughout the City of Livonia, said lists being included herein by reference, and for the reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said lists to install, repair, or to remove and replace sidewalk at such premises, to carry out the provisions of this resolution which is made pursuant to Title 12, Section 340 of the Livonia Code of Ordinances, as amended, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than June 1, 1994, after which date the Engineering Department shall arrange for the construction and/or reconstruction of the said sidewalks, FURTHER, the Council does hereby authorize the construction, and/or reconstruction of various sections of sidewalks and crosswalks at several locations within the City, inasmuch as the same are the City' s responsibility; and FURTHER, the Engineering Department is hereby authorized to finalize plans and specifications and arrange for the taking of bids for the 1994 Sidewalk Program, which program will include all required work which has not been completed by private property owners by June 1, 1994 #74-94 RESOLVED, that having considered the report and trar recommendation of the Council President, dated January 25, 1994, the Council does hereby authorize the purchase of a Hewlett Packard LaserJet IV printer for use in the City Council Office 28083 from Diskomp, 34705 W Twelve Mile Road, Suite 327, Farmington Hills, Michigan, for a total sum in the amount of $1,425 00, the same to be appropriated and expended from Account No ILK 101-101-981-000 for this purpose #75-94 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, March 21, 1994, at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 92-10-1-24, submitted by John Dinan, for a change 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, the City Planning Commission in its resolution 1-12-94 having recommended to the City Council that Petition 92-10-1-24, as amended, be approved; (2) 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, the City Planning Commission in its resolution 1-1-94 having recommended to the City Council that Petition 93-10-1-15 be approved; and (3) Petition 93-11-1-18, submitted by Wheeler & Sons Building Co , for a change of zoning on 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, the City Planning Commission in its resolution 1-4-94 having recommended to the City Council that Petition 93-11-1-18 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and FURTHER, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution 28084 #76-94 RESOLVED, that having considered a communication dated January 24, 1994 from Richard Bame, which in accordance with the provisions of Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on January 11, 1994 by the City Planning Commission in its resolution 1-9-94 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, the Council does hereby designate Monday, March 21, 1994, at 8 00 p m as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City' s official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia A roll call vote was taken on the foregoing resolutions with the following result AYES Jurcisin, Feenstra, Kavanagh, Ochala, Toy, and Taylor NAYS None On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #77-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 24, 1994, and submitted pursuant to Council Resolution 701-93 in connection with a letter from Florence McCann, 35211 Leon, Livonia, Michigan 48150, dated August 16, 1993, which sets forth a complaint concerning her neighbor and the installation of a privacy fence, the Council does hereby determine to take no further action McGee entered the meeting at 8 13 p m On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #78-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 24, 1994, and submitted pursuant to Council Resolution 674-93 in connection with a complaint submitted by Mr Alex Wassell, 29778 Richland, Livonia, Michigan, at the Study Session conducted on 28085 August 9, 1993, with respect to the new fence ordinance, Ordinance 2176, and its provisions concerning privacy fences, the Council does hereby determine to take no further action On a motion by Feenstra, seconded by Jurcisin, it was RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 24, 1994, and submitted pursuant to Council Resolution 926-92 in connection with the question of whether a Charter amendment should be prepared which limits the terms of office for all elected City officials as well as the terms of office of the Judges of the 16th District Court, the Council does hereby determine to take no further action On a motion by Kavanagh, seconded by Toy, it was RESOLVED, that in lieu of the foregoing resolution, the Council does hereby determine to substitute a resolution for a Charter amendment proposal for term limitations provided that the question be presented at the Wayne County General Election to be conducted on November 8, 1994 A roll call vote was taken on the motion to substitute as follows AYES Kavanagh and Toy NAYS Jurcisin, Feenstra, McGee, Ochala, and Taylor The President declared the motion to substitute denied A roll call vote was taken on the originally proposed resolution, as follows #79-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 24, 1994, and submitted pursuant to Council Resolution 926-92 in connection with the question of whether a Charter amendment should be prepared which limits the terms of office for all elected City officials as well as the terms of office of the Judges of the 16th District Court, the Council does hereby determine to take no further action with the following result AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, and Taylor NAYS Toy The President declared the resolution adopted 28086 A communication from the District Judges, dated January 19, 1994, ILI as well as a communication from the Department of Law, dated January 13, 1994, re term limitations for elected officials (excluding judges) was received and placed on file for the information of the Council (CR 925-92) On a motion by Feenstra, seconded by Jurcisin, it was #80-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated January 24, 1994, with respect to Council Resolution 925-92, which submits proposed Charter amendments which would limit the terms of office of elected officials (excluding judges) , the Council does hereby determine to take no further action A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, Feenstra, McGee, Ochala, and Taylor NAYS Kavanagh and Toy The President declared the resolution adopted Ochala gave first reading to the following Ordinance AN ORDINANCE AMENDING CHAPTER 04 (BUILDING CODES) OF TITLE 15 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 CHAPTER 32 (PROPERTY MAINTENANCE CODES) OF TITLE 15 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 28087 Ochala gave first reading to the following Ordinance the AN ORDINANCE AMENDING SUBSECTION 7 OF SECTION 050 OF TITLE 2, CHAPTER 96 (RETIREMENT PLAN) 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 Kavanagh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 100 OF TITLE 10, CHAPTER 90 (PEDESTRIANS) 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 Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SUBSECTION A OF SECTION 230 OF TITLE 5, CHAPTER 84 (TAXICABS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, Toy, 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 28088 AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 93-10-3-4) ILIA roll call vote was taken on the foregoing Ordinance with the following result AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING SECTION 081 TO CHAPTER 06 OF TITLE 10 (VEHICLES AND TRAFFIC) , AMENDING SECTIONS 400 AND 485 OF CHAPTER 06, SECTION 060 OF CHAPTER 18, ADDING SUBSECTIONS Q AND R TO SECTION 010 OF CHAPTER 36, AMENDING SECTIONS 020, 040 AND 060 OF CHAPTER 36, ADDING SECTIONS 065 AND 066 TO CHAPTER 36, AMENDING SECTION 050 OF CHAPTER 42, AMENDING SECTIONS 060, 070, 080, 090, 100, 110, 140, 150, 160, 210, 220, 230 AND 240 OF CHAPTER 54, ADDING CHAPTER 55, AMENDING SECTION 010 OF CHAPTER 66, ADDING SECTIONS 035, 036, 037, 038 AND 039 TO CHAPTER 66, AMENDING SECTION 040 OF CHAPTER 66, AND ADDING SECTION 135 TO CHAPTER 66, TITLE 10 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Jurcisin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 9, 1 CHAPTER 32 (ALCOHOLIC BEVERAGES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 28089 A roll call vote was taken on the foregoing Ordinance with the following result AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Jurcisin, seconded by Toy, it was #81-94 RESOLVED, that having considered a communication from the Personnel Director and the Director of Labor Relations, dated February 1, 1994, approved by the Department of Finance and approved for submission by the Mayor, and which sets forth a resolution adopted by the Civil Service Commission on January 31, 1994, wherein it is recommended that the attached proposed agreement between the City of Livonia and the Livonia Supervisory and Technical Chapter of Local 1917, and its affiliated Council 25, American Federation of State, County & Municipal Employees, AFL-CIO, be approved for the period December 1, 1992 through November 30, 1995, and the necessary amendments to the /A* Compensation Plan, the Insurance and Disability Plans and the Retirement Ordinance be adopted so as to effectuate the provisions set forth in the aforesaid Agreement, the Council does hereby approve of and concur in the aforesaid action of the Civil Service Commission; and the Mayor and City Clerk are hereby requested to affix their signatures to the said contract, for and on behalf of the City of Livonia, and to do all other 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, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS Feenstra The President declared the resolution adopted On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #82-94 RESOLVED, that having considered communications from Woodhaven of Livonia, 29667 Wentworth, Livonia, Michigan 48154- 3256, dated January 11, 1994 and January 31, 1994, wherein a request is submitted for the acquisition of 2 7 acres of 28090 City-owned park land located west of Middlebelt Road and north of Five Mile Road, in exchange for an equivalent amount of land located to the southwest of same, the Council does hereby request that the Parks and Recreation Commission and the Department of Law submit their respective reports and recommendations On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #83-94 RESOLVED, that having considered communications from Woodhaven of Livonia, 29667 Wentworth, Livonia, Michigan 48154- 3256, dated January 11, 1994 and January 31, 1994, wherein a request is submitted for the acquisition of 2 7 acres of City-owned park land located west of Middlebelt Road and north of Five Mile Road, in exchange for an equivalent amount of land located to the southwest of same, 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 the aforesaid park land proposed to be acquired by Woodhaven of Livonia should be rezoned from PL to OS Feenstra left the podium at 8 45 p m in order to avoid a perceived impropriety regarding the next Agenda item On a motion by Ochala, seconded by Toy, it was RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated October 18, 1993, and the report and recommendation of the Chief of Police, dated January 12, 1994, the Council does hereby approve of the request from the Board of Trustees of Schoolcraft College for a new Class C Conference Center License with Dance-Entertainment Permit, Outdoor Service Permit and Official Permit (Food) , to be located at 18600 Haggerty Road, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission On a motion by Kavanagh, seconded by Jurcisin, it was #84-94 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated October 18, 1993, and the report and recommendation of the Chief of Police, dated January 12, 1994, with regard to a request from the Board of Trustees of Schoolcraft College for a new Class C Conference Center License with Dance-Entertainment Permit, Outdoor Service Permit and Official Permit (Food) , to be located at 18600 Haggerty Road, Livonia, Michigan 48152, Wayne County, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation 28091 A roll vote was taken on the foregoing resolution with the following result AYES Jurcisin, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS None The President declared the resolution adopted Feenstra returned to the podium at 8 50 p m On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #85-94 RESOLVED, that having considered a report and recommendation from the Department of Law, dated January 6, 1994, approved by the Chief of Police, the City Engineer, Director of Public Works and the Finance Department, and approved for submission by the Mayor, the Council does hereby accept the offer of Hart & Leidal Investment Company to purchase City-owned property at 32255 Industrial Road, described as That part of the N 1/2 of Section 27, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S 0°06'20" West, along the N and S 1/4 line 1, 329 53 feet and S 89°22' 10" East, 43 01 feet from the N 1/4 corner of said Section 27; proceeding thence S 89°22' 10" East, 300 0 feet; thence S 0°06' 20" West, 65 0 feet; thence N 89°22' 10" West, 300 0 feet; thence N 0°06' 20" East, 65 0 feet to the point of beginning (Part of parcels 106-99-0001-000 and 105-99-0043-004) Approximately 0 45 acres for the sum of $20, 000 00 conditioned upon the purchaser providing any title work as may be required and the conveyance herein submitted is made subject to compliance by the grantee with the following additional conditions 1 The grantee relocate the existing fence to the new property line; 2 The grantee continue to permit surface drainage across the property either by an enclosure or an open ditch; and 3 That grantee maintain the back slope of the existing police pistol range or replace the slope with a retaining wall at the property line equally serving the purpose; the action herein is being taken in order to serve the interests of the community; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute a quit claim deed containing the aforesaid conditions and such 28092 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 ILI documents as may be necessary to consummate this transaction On a motion by Toy, seconded by Jurcisin, it was #86-94 RESOLVED, that having considered a communication from the City Planning Commission, dated January 27, 1994, which sets forth its resolution 1-15-94, adopted on January 11, 1994, with regard to a permit application submitted by Polaris Communications & Engineering, Inc to install a satellite dish antenna on a building located at 28915 Seven Mile Road in Section 12, pursuant to Section 18 42 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the City Planning Commission and the said permit application is hereby approved and granted subject to the following condition That the Satellite Dish Application by Polaris Communications & Engineering, Inc , received by the Livonia Planning Commission on 12/1/93, is hereby approved and shall be adhered to A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, McGee, Kavanagh, Ochala, Toy, and Taylor NAYS Feenstra The President declared the resolution adopted On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #87-94 RESOLVED, that having considered a communication from the City Planning Commission, dated January 24, 1994, which transmits its resolution 1-8-94, adopted on January 11, 1994, with regard to Petition 93-12-2-28, submitted by T Rogvoy Associates, Inc , requesting waiver use approval to construct a full service restaurant with a drive-up window on the west side of Middlebelt Road between Seven Mile Road and Clarita in the Northeast 1/4 of Section 11, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 93-12-2-28 is hereby approved and granted, subject to the following conditions 1) That variances be granted by the Zoning Board of Appeals for a deficient front yard and for deficient off-street parking; ihm 2) That the Site Plan marked Sheet 1 dated 11-18-93, prepared by T Rogvoy Associates, Inc Architects, which is hereby approved shall be adhered to; 28093 3) That the Building Elevations marked Sheet 6 dated 11-18-93, prepared by T Rogvoy Associates, Inc Architects (not including any signage) , which is hereby approved shall be adhered to; 4) That the Landscape Plan marked Sheet L-1 dated 11-18-93, prepared by Ralph L Nunez, Landscape Architect, is hereby approved, and the landscape materials shall be installed prior to the issuance of a Certificate of Occupancy and shall thereafter be permanently maintained in a healthy condition; and 5) That face brick compatible in color shall be used in lieu of masonry blocks as shown on the Building Elevation Plans approved herein On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #88-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 21, 1994, approved by the Department of Finance, and approved for submission by the Mayor, the Council does hereby authorize the payment of the sum of $18,455 00 to Doetsch Industrial Services, Inc , 21221 Mullin Street, Warren, Michigan 48089, for leaf collection services performed on October 23 and 24, 1993, the same to be appropriated and expended from Account No 205-527- 886-015 for this purpose; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D1 of the Livonia Code of Ordinances, as amended On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was #89-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 25, 1994, approved by the Department of Finance and approved for submission by the Mayor, and having also considered the report and recommendation of the Department of Finance, dated January 30, 1994, approved for submission by the Mayor, the Council does hereby authorize and accept the proposal of GZA GeoEnvironmental, Inc , 38019 Schoolcraft Road, Livonia, Michigan 48150, to provide environmental consulting services to complete the Leaking Underground Storage Tank (LUST) compliance assistance for a sum in an amount not to exceed $22, 700 00; FURTHER, the Council does hereby determine as follows 1) To authorize the transfer of budgeted funds in the amount of $15, 000 00 from Account 101-446-751-000 to a new Account 101-907-818-035, Non-Departmental Contractual Services, Hazardous Waste, where the costs associated with this project will be recorded, 28094 2) To authorize the transfer from Fund 375, Sewer Separation Bond Debt Reduction Fund to the General Fund and appropriate in Account 101-907-818-035 the amount of $10, 000 00; and 3) To authorize the advance of surplus funds from Fund 375, Sewer Separation Bond Debt Reduction Fund to Account 101-907-818-035 to the extent needed for cleanup of the storage tank site pending reimbursement from the State of Michigan under MUSTFA; FURTHER, 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 On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #90-94 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 23, 1993 on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 24, 1994, after due notice as required by Section 3 08 070 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 the placement of approximately 4" of asphalt over the existing roadway, approximately 20' to 22' wide (Alternate IV) on Grove, west of Merriman in the Northeast 1/4 of Section 15, T 1S , R 9E , 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 November 23, 1993; (4) determine that the estimated cost of such improvement is $36, 594 76; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($4, 022 96) and 100% of drainage ($9, 775 00) and that the balance of said cost and expense of said public 28095 improvement amounting to 850 of paving ($22, 796 80) shall be borne and paid by special assessments 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 assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A Special Assessment District in the N E 1/4 of Section 15, T 15 , R 9E , 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 bn, 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 prior to the holding of the second public hearing thereon as required by Section 3 08 110 of the said Code On a motion by Toy, seconded by Feenstra, and unanimously adopted, it was #91-94 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 24, 1993 on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 24, 1994, after due notice as required by Section 3 08 070 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; 28096 (2) determine to make the road improvement consisting of a 31' wide concrete pavement with curbs and gutters (Alternate I) on Roycroft, east of Middlebelt, in the Southwest 1/4 of Section 13, T 1S , R 9E , 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 November 24, 1993; (4) determine that the estimated cost of such improvement is $230, 194 47; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($25, 041 67) and 100% of drainage ($63,250 00) and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($141, 902 80) shall be borne and paid by special assessments on all lands and iim premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A Special Assessment District in the S W 1/4 of Section 13, 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 28097 (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 prior to the holding of the second public hearing thereon as required by Section 3 08 110 of the said Code On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, it was 92-94 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda On a motion by Jurcisin, seconded by Ochala, and unanimously adopted, it was #93-94 RESOLVED, that the Council does hereby amend and revise Council Resolution 991-93, as amended by Council Resolution 58-94, so as to include as an interested party Joseph Terrio, 3840 West Maple, Bloomfield Township, Michigan 48301, with respect to Parcel 6 (31391 Industrial) ; and the balance of Council Resolution 991-93, as amended by Council Resolution 58-94, shall remain in full force and effect No one in the audience wished to speak during the audience communication portion at the end of the meeting On a motion by Toy, seconded by Kavanagh, and unanimously adopted, this 1, 266th Regular Meeting of the Council of the City of Livonia was adjourned at 9 15 p m , February 9, 1994 J 2 z McCotter, City Clerk