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HomeMy WebLinkAboutCOUNCIL MINUTES 1992-11-09 27294 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND THIRTY-SIXTH LREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 9, 1992, 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 8:01 p.m Councilman Kavanagh delivered the invocation. Roll was called with the following result: Present: Sean P. Kavanagh, Michael P. McGee, Dale A. Jurcisin, Gerald Taylor, Ron Ochala, Fernon P. Feenstra, and Laura M Toy Absent None. Elected and appointed officials present: Robert D. Bennett, Mayor; Suzanne Wisler, Director of Community Resources; Raul Galindo, City Engineer; John Nagy, City Planner; Karen A. Szymula, Director of Legislative Affairs; Robert Alanskas, Planning Commission; John Fegan, impDirector of Inspection; James Andres, Chief Accountant; Jack Engebretson, Planning Commission; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; and Dorothy Wilshaw, Arts Commission. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: #828-92 RESOLVED, that the minutes of the 1,235th Regular Meeting of the Council of the City of Livonia, held October 26, 1992, are hereby approved as submitted. No one wished to speak during the audience communication portion at the beginning of the meeting. A communication from the Department of Finance, dated October 20, 1992, re: various financial statements of the City of Livonia for the month ending September 30, 1992, was received and placed on file for the information of the Council. 27295 A communication from the Department of Law, dated November 2, 1992, re: Frank Brandemihl, Harold Beamer, Carl Hoheiser, Alan Brandemihl, Sr. , Addison Bacon, Clara Karr, Lawrence Burke, Gary Lubar, Michael Vorgitch, Dorothy Hildebrandt, Ann Chaney, Thomas Stachowiak, and John Grundy v City of Livonia, Board of Trustees of the City of Livonia Employees Retirement Association, Livonia Civil Service Commission, and City Council for the City of Livonia, Wayne County Circuit Court Civil Action No. 89-916322-AW, Court of Appeals Docket No. 128941, Supreme Court Docket No. 93882, was received and placed on file for the information of the Council. On a motion by Taylor, seconded by Jurcisin, it was: #829-92 RESOLVED, that having considered the report and recommendation of the City Clerk, dated October 20, 1992, to which is attached a letter from The Observer & Eccentric Newspapers, Inc. , dated October 20, 1992, the Council does hereby designate the Observer & Eccentric Newspapers, Inc. , subsidiary of Suburban Communications Corporation, 36251 Schoolcraft Road, Livonia, Michigan 48150, as the official newspaper of the City of Livonia, for the period January 1, 1993 through December 31, 1993; FURTHER, the Council does hereby approve and authorize the publishing of legal notices in the Observer & Eccentric Newspaper, for the price of $6 30 per column inch, based on the present 6 column format, effective January 1, 1993; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04. 140.D.5 of the Livonia Code of Ordinances, as amended. #830-92 RESOLVED, that having considered a communication from Camborne Construction Engineering, Inc , the construction manager for the 16th District Court Expansion/Remodeling project, dated October 20, 1992, to which are attached certain invoices for work completed for the aforesaid project which were not under contract, the Council does hereby authorize for payment the following items: 1) The sum of $2,100 to be paid to the Pete Wood Company, 15103 Spanich Court, Livonia, Michigan 48154, for relocating 4" hydronic pipe and 1" branch pipes for the extension to the stairway to the roof; [.. 2) The sum of $985 to be paid to George F. Maertens & Co. , 2785 Oak Meadow Drive, Howell, Michigan 48843, for installing/repairing ceramic tile in the employee rest room; 27296 3) The sum of $1,440 to be paid to William H Kelly Co. , 611 Woodward Avenue, Detroit, Michigan 48226, for waterproofing the elevator pit with Ferrolith "W" waterproofing; 4) The sum of $530 to be paid to The Tom Co. Inc. , 21357 W. Eight Mile Road, Detroit, Michigan 48219, for installing partitions in remodeled employee rest rooms; and 5) The sum of $1,900 to be paid to Westland Custom Marble Co. , 36222 Glenwood, Westland, Michigan 48185, for installing (cultered) granite sills; FURTHER, the Council does hereby authorize and appropriate the sum of $6,955 from the Contingency Fund of the Municipal Building Authority Court House Project Account for this purpose #831-92 RESOLVED, that having considered a communication from the City Planning Commission, dated October 19, 1992, which transmits its resolution 10-484-92, adopted on October 13, 1992, with regard to a sign permit application submitted by Beacon Sign Company in behalf of Michigan National Bank, requesting approval for one wall sign on the building located at 30055 Plymouth Road in Section 31, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to the following condition That the sign plan sheet 1 dated 10/01/92, prepared by Fairmont Sign Company, submitted on behalf of Michigan National Bank at 30055 Plymouth Road, is hereby approved and shall be adhered to. #832-92 RESOLVED, that having considered a letter from the general manager of MetroVision of Livonia, Inc. , dated October 26, 1992, wherein a request is submitted for use of one of the City's blank access channels, and having also considered a communication from the Cable Television Commission, dated October 27, 1992, approved by the Director of Community Resources, and approved for submission by the Mayor, and which transmits its resolution 194-92, wherein the Commission recommends approval of allocating an access channel to MetroVision for their use with the stipulation of return of said channel within 90 days if the Commission sees that there is a need for such channel for access purposes, the Council does hereby concur in and approve of such action, subject to the aforesaid stated condition. #833-92 RESOLVED, that the Council does hereby request that the Department of Law and the Legislative Committee submit their respective reports and recommendations on the question of whether an ordinance amendment should be adopted which would ban beepers and pagers for persons who are 18 years of age or under (similar to ordinances in the cities of Warren and Lincoln Park) . 27297 1.. #834-92 WHEREAS, pursuant to the direction of the City Council in its resolution 750-92, adopted on September 30, 1992, and in accordance with Section 3.08.140 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of October 19, 1992 an assessment roll dated October 19, 1992 for the proposed street lighting improvement consisting of the installation of 100 watt high pressure sodium lights on colonial post top poles for the Cane Woods Subdivision in the Southwest 1/4 of Section 4, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 750-92; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3.08. 110 of the Livonia Code of Ordinances, as amended, to wit that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, December 16, 1992 at 7:30 p.m. to review the said Ibr Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of December 16, 1992; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. #835-92 WHEREAS, pursuant to the direction of the City Council in its resolution 751-92, adopted on September 30, 1992, and in accordance with Section 3.08.100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of October 19, 1992 an assessment roll dated October 19, 1992 for the street improvement of Pembroke Avenue (Flamingo Boulevard to Purlingbrook Road) in the West 1/2 of Section 2 with a 20 ft. wide 4" thick asphalt pavement (Alternate IV), containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 751-92; 27298 THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08. 110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, December 16, 1992 at 7:30 p.m. to review the said Special Assessment Roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of December 16, 1992; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. #836-92 WHEREAS, the City of Livonia has received an application from Diversey Corp. , 12025 Tech Center Drive, Livonia, Michigan 48150-2122, dated October 27, 1992 for a transfer of the tax abatement previously granted to J.J. International Automotive Corporation (originally Arcad, Inc ) on October 18, 1989 in Council Resolution 986-89 and as amended in Council Resolution 184-90, adopted on February 28, 1990, for ten years for a 100,000 square foot building completed in 1989 which is located in City of Livonia Industrial Development District No. 46; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows: 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A 1974, as amended. 2. The City Clerk shall contact each of the affected taxing units and, (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and (iii) advise the said taxing units of this Council's desire to hold a hearing on this application on Wednesday, December 16, 1992, at 7:30 p.m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 27299 3. The Council hereby sets Wednesday, December 16, 1992, at L7:30 p m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on this Application #837-92 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Diversey Corp. , 12025 Tech Center Drive, Livonia, Michigan 48150-2122, dated October 27, 1992, covering new industrial facilities to be located within City of Livonia Industrial Development District 46; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows: 1. The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P A 1974, as amended 2. The City Clerk shall contact each of the affected taxing units and, (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application and, (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Wednesday, December 16, 1992 at 7:30 p.m. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3. The Council hereby sets Wednesday, December 16, 1992 at 7:30 p.m. , at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application A roll call vote was taken on the foregoing resolutions with the following result: AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra, and Toy. NAYS: None On a motion by McGee, seconded by Kavanagh, and unanimously adopted, it was: #838-92 RESOLVED, that having considered the report and recommendation of the Water, Drainage, Sewage & Waste Disposal Study Committee, dated October 21, 1992, in connection with a letter from the General Manager of Waste Management of Michigan - Detroit North, dated September 16, 1992, wherein an extension is proposed of the mixed refuse contract to coincide with the term of the recycling and compost contract which expires on 27300 L September 30, 1996, the Council does hereby authorize the administration to enter into negotiations for the extension of the Refuse Disposal Contract to include but not be limited to the proposals described in the aforesaid Waste Management proposal, such recommended extension thereafter to be submitted to the Council for its consideration On a motion by McGee, seconded by Taylor, and unanimously adopted, it was: #839-92 RESOLVED, that having considered the report and recommendation of the Water, Drainage, Sewage & Waste Disposal Study Committee, dated November 4, 1992, and submitted pursuant to Council Resolution 774-92 in connection with the report and recommendation of the Director of Public Works and the City Engineer, dated September 14, 1992, approved by the Director of Finance and approved for submission by the Mayor, and to which is attached a letter dated September 1, 1992 from the Joint Venture, Orchard, Hiltz & McCliment, Inc. and Hubbell, Roth and Clark, Inc. , wherein a request is submitted for an increase in the amount of the total contract authorized in Council Resolution 1042-90 above the original sum of $1,009,750 by an additional sum of $110,000 for additional costs not anticipated in the original scope of work, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute an appropriate contract amendment which would authorize the said increase of $110,000 to the Engineering Services Agreement between the City and the Joint Venture; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $110,000 from the Unexpended Fund Balance Account of the Sewer Fund for this purpose. On a motion by McGee, seconded by Feenstra, and unanimously adopted, it was: #840-92 RESOLVED, that having considered the report and recommendation of the Water, Drainage, Sewage & Waste Disposal Study Committee, dated November 4, 1992, the Council does hereby refer to the Capital Improvement Committee for its report and recommendation the matter of forms of City construction contracts and procedure of approving contract increases. Feenstra 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 Ift. SECTION 3. THERETO (Petition 92-7-1-17) 27301 The foregoing Ordinance, when adopted, is filed in the Journal of 111. 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: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra, and Toy. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Taylor gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2 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 92-7-1-13) 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. Ochala 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 92-7-1-14) 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 At the direction of the Chair, the 2nd reading on timm. this matter will be deferred and placed on a future Agenda pending receipt of the proposed site plan to be submitted in connection with this petition. 27302 Kavanagh gave first reading to the following Ordinance lim AN ORDINANCE AMENDING SECTION 30 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 92-7-1-18) 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 24 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 92-1-1-1) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jurcisin, Ochala, and Feenstra. NAYS: Kavanagh, McGee, Taylor, and Toy. The President declared the foregoing Ordinance denied. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: #841-92 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated March 9, 1992, which sets forth its resolution 2-219-92, adopted on February 25, 1992, with regard to Petition 92-1-1-1, submitted by T. Rogvoy Associates, Inc. for Chili's of Michigan, for a change of zoning on property located on the east side of Middlebelt Road, north of Schoolcraft Road in the Southwest 1/4 of Section 24 from OS to C-2, and the Council having conducted a public hearing with regard to this matter on May 6, 1992, pursuant to Council Resolution 268-92, the Council does hereby concur in the [ft. recommendation of the Planning Commission and Petition 92-1-1-1 is hereby denied for the following reasons: 27303 1) That the proposed change of zoning is contrary to the Future Land Use Plan designation of Office for this subject property; 2) That the proposed change of zoning will not maintain the buffer zone concept whereby a more restrictive zoning district is placed between a more intensively used, less restrictive district and residential development so as to lessen any negative external effects which tend to erode the peace, tranquility and enjoyment of the residential area; 3) That the proposed change of zoning to a less restrictive zoning classification will provide for development which will increase traffic congestion in the area; 4) That there has been no demonstration of the need for more of the type of uses which are attracted by the proposed zoning district to serve the surrounding neighborhoods in the area; 5) That the placement of the existing office uses on adjacent properties were predicted on the notion that the extension of additional office uses onto the subject property would complete a very logical development plan for the area; and 6) That the proposed use is contrary to the spirit and intent of the Zoning Ordinance which, among other things, is to promote and encourage a balanced and appropriate mix of uses amorm. and not oversaturate an area with similar type uses as is being proposed. Ochala took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 25 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 92-6-1-12) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra, and Toy. NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication 27304 Feenstra took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING PARAGRAPHS D AND E OF SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra, and Toy 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 following Ordinance: AN ORDINANCE AMENDING PARAGRAPH A OF SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra, and Toy. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Ochala took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 18.45 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE." (Petition 92-4-6-3) 27305 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Kavanagh, McGee, Jurcisin, Ochala, and Feenstra. NAYS Taylor and Toy. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 31 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 92-6-1-11) A roll call vote was taken on the foregoing Ordinance with the following result: lb. AYES: Kavanagh, McGee, Jurcisin, Taylor, and Ochala. NAYS: Feenstra and Toy. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Feenstra, seconded by Kavanagh, it was: RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 19, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is recommended that the City retain a consulting firm for engineering services which will include environmental assessment, surveying, geotechnical work, design, layout, inspection and contract administration, in connection with the construction of the proposed Merriman Road and CSX Railroad Grade Separation project, the Council does hereby authorize the Engineering and Law Departments to prepare and submit to the Council an agreement between the firm of Spalding, DeDecker & Associates, Inc. and the City of Livonia for the purpose of having said firm provide the preliminary and construction engineering services for this project; FURTHER, the action herein is taken in accordance with Section 3 04. 140D2 of the Livonia Code of Ordinances, as amended. On a motion by Taylor, seconded by McGee, it was: 27306 1/842-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 19, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is recommended that the City retain a consulting firm for engineering services which will include environmental assessment, surveying, geotechnical work, design, layout, inspection and contract administration, in connection with the construction of the proposed Merriman Road and CSX Railroad Grade Separation project, 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: McGee, Jurcisin, Taylor, and Ochala. NAYS: Kavanagh, Feenstra, and Toy The President declared the resolution adopted. On a motion by Taylor, seconded by Ochala, and unanimously adopted, it was #843-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 19, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, wherein it is recommended that the City retain a consulting firm for engineering services which will include environmental assessment, surveying, geotechnical work, design, layout, inspection and contract administration, in connection with the construction of the proposed Merriman Road and CSX Railroad Grade Separation project, the Council does hereby authorize the Engineering Department to process an application for Federal funding support for this project under the Intermodal Surface Transportation Efficiency Act, as well as to do all other things necessary or incidental to the full performance of this resolution. On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, it was: #844-92 RESOLVED, that having considered a communication from the City Planning Commission, dated October 20, 1992, which transmits its resolution 10-483-92, adopted on October 13, 1992, with regard to a sign permit application submitted by Burns Sign Company in behalf of The Detroit Band Saw Works, requesting approval for one awning type wall sign on the building located at 33632 Five Mile Road in Section 16, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application subject to the following conditions: 27307 1) That the sign plan drawing number D-3 dated September 92' , Ibr prepared by Burns Sign Company, submitted in behalf of The Detroit Band Saw Works at 33632 Five Mile Road, is hereby approved and shall be adhered to; 2) That the awning shall only be back-lit between the hours of dark until 10:30 p m ; and 3) That the back-lighting herein authorized shall be limited to letters only and that the balance of the awning shall not be illuminated On a motion by Ochala, seconded by Feenstra, it was: #845-92 RESOLVED, that having considered a communication from the City Planning Commission, dated October 20, 1992, which transmits its resolution 10-482-92, adopted on October 13, 1992, with regard to a sign permit application submitted by Burns Sign Company in behalf of Pritchard Heating and Cooling, requesting approval for one awning type wall sign on the building located at 33636 Five Mile Road in Section 16, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application subject to the following conditions: 1) That the sign plan drawing number P-10 dated June 92' , prepared by Burns Sign Company, submitted in behalf of Pritchard Heating & Air Conditioning at 33636 Five Mile Road, is hereby approved and shall be adhered to; 2) That the awning shall only be back-lit between the hours of dark until 10 30 p m ; and 3) That the back-lighting herein authorized shall be limited to letters only and that the balance of the awning shall not be illuminated. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, McGee, Taylor, Ochala, and Feenstra. NAYS: Jurcisin and Toy. The President declared the resolution adopted. On a motion by Jurcisin, seconded by McGee, it was: RESOLVED, that the Council does hereby determine to rescind and repeal Council Resolution 737-91, adopted on September 11, 1991, which rejected and denied the request of Moeller Manufacturing Company to transfer facilities from 12173 Market Street, Livonia, to Plymouth Township and obtain a 1974 P A. 198 exemption for the Plymouth Township facility 27308 On a motion by Feenstra, seconded by Ochala, it was: L #846-92 RESOLVED, that the foregoing matter, Agenda Item 22, be placed on the table. A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Jurcisin, Taylor, Ochala, and Feenstra NAYS: Kavanagh and Toy. The President declared the resolution adopted. On a motion by Feenstra, seconded by Jurcisin, it was: RESOLVED, that the Council does hereby determine to rescind and repeal the following items: a) CR 978-90, adopted on October 24, 1990, which rejected and denied the request of SME to transfer facilities from 34400 Glendale Avenue, Livonia, Michigan, to Plymouth Township and obtain a 1974 P.A 198 exception for the Plymouth Township facility; b) CR 631-89, adopted on July 5, 1989, which rejected and denied the request of Aisin Seiki Company, Ltd to transfer facilities from 14109 Farmington, Livonia, Michigan, to Ann Arbor Township and obtain a 1974 P.A. 198 exemption for the Ann Arbor Township facility; c) CR 558-89, adopted on June 7, 1989, which rejected and denied the request of Walter Somers Limited (U S.A. ) to transfer facilities from 35270 Glendale, Livonia, Michigan, to Westland and obtain a 1974 P A 198 exemption for the Westland facility, and d) CR 503-89, adopted on May 24, 1989, which rejected and denied the request of Graco Robotics, Inc. to transfer facilities from 12898 Westmore, Livonia, Michigan, to Plymouth Township and obtain a 1974 P A. 198 exemption for the Plymouth Township facility A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Jurcisin, and Feenstra. NAYS Kavanagh, Taylor, Ochala, and Toy The President declared the resolution denied 27309 On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was: #847-92 RESOLVED, that the Council does hereby remove from the table Agenda Item 22 A roll call vote was taken on the original resolution with the following result: #848-92 RESOLVED, that the Council does hereby determine to rescind and repeal Council Resolution 737-91, adopted on September 11, 1991, which rejected and denied the request of Moeller Manufacturing Company to transfer facilities from 12173 Market Street, Livonia, to Plymouth Township and obtain a 1974 P.A. 198 exemption for the Plymouth Township facility. AYES: McGee, Jurcisin, Taylor, and Feenstra. NAYS: Kavanagh, Ochala, and Toy. The President declared the resolution adopted. On a motion by Jurcisin, seconded by McGee, it was: RESOLVED, that having considered a letter from the Economic Development Corporation of Livonia, dated August 21, 1991, and a letter from the Mayor, dated September 4, 1991, in connection with a request from Moeller Manufacturing Company, 12173 Market Street, Livonia, Michigan 48150, wherein it is indicated that Moeller Manufacturing Company intends to transfer facilities from 12173 Market Street, Livonia, Michigan 48150 to Plymouth Township, and which further indicates that Moeller Manufacturing Company desires to obtain a 1974 P.A. 198 exemption for the Plymouth Township facility, the Council does hereby consent to the transfer as herein requested; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McGee, Jurcisin, and Taylor. NAYS: Kavanagh, Ochala, Feenstra, and Toy. The President declared the resolution denied. On a motion by Kavanagh, seconded by Ochala, it was: 27310 ibm #849-92 RESOLVED, that having considered a letter from the Economic Development Corporation of Livonia, dated August 21, 1991, and a letter from the Mayor, dated September 4, 1991, in connection with a request from Moeller Manufacturing Company, 12173 Market Street, Livonia, Michigan 48150, wherein it is indicated that Moeller Manufacturing Company intends to transfer facilities from 12173 Market Street, Livonia, Michigan 48150 to Plymouth Township, and which further indicates that Moeller Manufacturing Company desires to obtain a 1974 P.A. 198 exemption for the Plymouth Township facility, the Council does hereby reject and deny this request since it is the determination of the Council that the transfer of facilities would have the effect of transferring employment from one governmental unit in Michigan to another local governmental unit in Michigan and for the further reason that the said transfer would not be in the best interest of either the citizens of Livonia or the people of the State of Michigan; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, Ochala, Feenstra, and Toy. NAYS: McGee, Jurcisin, and Taylor The President declared the resolution adopted At the direction of the Chair, Item 23 was removed from the Agenda. On a motion by Ochala, seconded by Jurcisin, it was: #850-92 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated October 26, 1992, approved for submission by the Mayor, with regard to an invoice submitted by the Michigan Municipal Risk Management Authority (MMRMA) in the amount of $300,000, which amount is required to be deposited into the City's retention fund to correct the deficit balance which currently exists in that account, the Council does hereby authorize the Finance Department to make payment to MMRMA in the amount of $300,000, which sum is hereby appropriated and authorized to be expended from the Insurance-General Account for this purpose. A roll call vote was taken on the foregoing resolution with the following 1.. result: AYES: McGee, Jurcisin, Ochala, Feenstra, and Toy. NAYS Kavanagh and Taylor 27311 The President declared the resolution adopted On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was: #851-92 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated October 26, 1992, approved for submission by the Mayor, with regard to an invoice submitted by the Michigan Municipal Risk Management Authority (MMRMA) in the amount of $300,000, which amount is required to be deposited into the City's retention fund to correct the deficit balance which currently exists in that account, the Council does hereby refer this subject to the Finance and Insurance Committee for its report and recommendation. On a motion by Taylor, seconded by Ochala, and unanimously adopted, it was #852-92 RESOLVED, that having considered a communication from the Department of Law, dated October 21, 1992, submitted pursuant to Council Resolution 465-92 transmitting for Council acceptance a warranty deed dated July 3, 1992, executed by Kenneth A. Salisbury and Katherine Wickersham, husband and wife, conveying to the City certain property described as follows: imm The North 60 feet of the following described parcel: That part of the N E 1/4 of Section 9, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the North line of said Section, distant N. 89° 50' 50" East 262. 10 ft. from the North 1/4 corner of Section 9 and proceeding thence N 89° 50' 50" East along said line 107 0 ft ; thence S 0° 35' 26" East 253.0 ft. ; thence S. 89° 50' 50" West 107.0 ft. ; thence N. 0° 35' 26" West 253.0 ft to the Point of Beginning (Seven Mile Road Right-of-Way) - 46-033-99-0004-000 the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid warranty deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; FURTHER, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt. At the direction of the Chair, Item 26 was removed from the Agenda. 27312 iOtnw:sm:otion by Jurcisin, seconded by McGee, and unanimously adopted, #853-92 RESOLVED, that having considered a communication from the City Librarian, approved by the Finance Director and approved for submission by the Mayor, and which sets forth resolution 20-92 of the Library Commission, the Council does, for and on behalf of the City of Livonia, accept a $500 donation from Theresa Bien, the purpose of which is to purchase books for the Civic Center Library, and a $2,000 donation from an anonymous donor, the purpose of which is to purchase books for the Children's Department to be made available to the families in "Head Start" and other disadvantaged children No one wished to speak during the audience communication portion at the end of the meeting The City Clerk was congratulated in running a good election on November 3, 1992, and on the birth of her first grandchild, George Thaddeus McCotter, on election day. On a motion by Kavanagh, seconded by Feenstra, and unanimously adopted, this 1,236th Regular Meeting of the Council of the City of Livonia was adjourned at 9 03 p.m. , November 9, 1992 in )2174116-;1E; J McCotter, City Clerk