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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-03-23 281 46 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SIXTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 23, 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 Kavanagh delivered the invocation Roll was called with the following result Sean P Kavanagh, Ron Ochala, Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, Michael P McGee, and Gerald Taylor Absent None Elected and appointed officials present Robert D Bennett, Mayor; 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; Kevin Roney, Public Utility Manager; Suzanne Wisler, Director of Community Resources; Dorothy Wilshaw, Arts Commission; Sue Daniel, Historical Commission; and Joe Soltesz, Historical Commission On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #176-94 RESOLVED, that the minutes of the 1,268th Regular Meeting of the Council of the City of Livonia, held March 9, 1994, are hereby approved as submitted No one spoke during the audience communication portion of the meeting A communication from the Department of Finance, dated February 25, 1994, re various financial statements of the City of Livonia for the month ending December 31, 1993, was received and placed on file for the information of the Council On a motion by McGee, seconded by Kavanagh, it was (REVISED PAGE - SEE CR #179-94) 281 47 #177-94 RESOLVED, that having considered a letter from Michael Cyrol, 15700 Harrison, Livonia, Michigan 48154, dated February 28, 1994, wherein a request is submitted for the resurfacing of Harrison between Five Mile and Terrence, the Council does hereby refer this item to the Engineering Department for its report and recommendation #178-94 RESOLVED, that having considered a letter from The Steinway Society of Michigan, dated March 1, 1994, the Council does hereby take this means to indicate that The Steinway Society of Michigan is recognized as a non-profit organization operating in the community, the action herein being taken for the purpose of affording The Steinway Society of Michigan an opportunity to obtain a gaming license from the State of Michigan in accordance with provisions of State Statute; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Bureau of State Lottery, Charitable Gaming Division, 101 E Hillsdale, Box 30023, Lansing, Michigan 48909, as well as to do all other things necessary or incidental to the full performance of this resolution #179-94 RESOLVED, that having considered a letter from Leo Soave, 34822 Pembroke, Livonia, Michigan 48152, dated February 24, 1994, wherein a request is submitted for City assistance and participation in the construction of an extension of the storm sewer located at the northwest intersection of Newburgh and Plymouth Roads westerly along Plymouth Road for a distance of seven hundred (700' ) feet, the Council does hereby refer this item to the Engineering Department for its report and recommendation A communication from Tom Blackwell, 35466 Brookview, Livonia 48152, dated February 22, 1994, re a request for City participation in the correction of a backyard drainage problem, located south of Curtis and west of Wayne Road, was received and placed on file for the information of the Council #180-94 RESOLVED, that having considered a request from Mr George Mesler, 19831 Melvin, Livonia, Michigan 48152, dated March 14, 1994, for the vacating of the 30' easement located in the north half of vacated Pembroke Avenue which is located adjacent to Tax Item No 46 005 99 0040 000 and which is located between Melvin Avenue and Oporto Avenue in Section 2, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance #181-94 RESOLVED, that in accordance with Section 23 01 (a) of Zoning Ordinance 543, the Council does hereby request that the City Planning Commission conduct a public hearing and thereafter submit a report and recommendation on the question of whether property described as being Tax Item No 46 005 99 0040 000 in 28148 Section 2, which is presently zoned R-5, as well as other Ibi property in the immediate surrounding area, should be rezoned to a more appropriate residential zoning classification #182-94 RESOLVED, that having considered the report and recommendation from the Superintendent of Parks and Recreation, dated February 17, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, and having also considered a communication from the Superintendent of Parks and Recreation, dated March 8, 1994, wherein a request is submitted for approval of the Wilson Barn Silo Project in the manner described in the attachment, as well as a waiver of the building and inspection fees estimated to be $967 00 in connection with this project, the Council does hereby concur in and approve of the action requested herein #183-94 RESOLVED, that having considered the report and recommendation from the Director of Community Resources, dated February 25, 1994, approved by the Finance Department and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Kimcraft Printers, 11705 Levan, Livonia, Michigan 48150, for printing of the 12 and 16 page publications of the City Newsletter for a price of $305 71 per page ($4,280 00) , the same having been in fact the lowest average cost bid per page received and meets all specifications #184-94 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated February 24, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby accept the bid of Telex Communications, Inc , c/o W E Price & Co , 1643 Irwin Drive, Waterford, Michigan 48327, for supplying the Fire Division with an apparatus intercom system for a total price of $14, 981 00, the same having been in fact the lowest bid received and meets all specifications; and the aforesaid sum is hereby appropriated and authorized to be expended from Account #101-338-979-000 #185-94 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated February 24, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby accept the bid of Universal Laundry Machinery, Inc , 14401 Ford Road, Dearborn, Michigan 48126, for supplying the Fire Division with a 25 pound capacity industrial washing machine for a total price of $3,620 00, the same having been in fact the lowest bid received which meets specifications; and the bids of Lyncur Co , Inc and Master Clean Equipment Company with respect to 18 pound capacity washing machines are hereby rejected since they did not meet specifications; and the aforesaid sum is hereby appropriated and lig authorized to be expended from Account #101-338-979-000 #186-94 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated February 15, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby 28149 authorize the purchase of a 32 unit in-car monitoring system from Crimtec Systems, Inc , 30777 Schoolcraft, Livonia, Michigan 48150, for a total price of $151, 789 00, which sum includes installation, third year extended warranty and a tape degausser, the same amount to be appropriated and expended from Account #265-334-987-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low Wayne County Association of Chiefs of Police bid price, as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #187-94 RESOLVED, that having considered the report and recommendation of the Housing Director, dated March 3, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 1994 GMC TC20903 3/4 ton pickup truck from Good GMC, 4800 Clyde Park, S W , Wyoming, Michigan 49509, in the amount of $14,858 00, including delivery and upgrading of engine, transmission, tires and springs, the same to be appropriated and expended from Account No 296-831-982-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 0075) , as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #188-94 RESOLVED, that having considered a communication from the Housing Commission dated March 3, 1994, transmitting for Council acceptance a quit claim deed dated February 16, 1994 executed by Marian Miller, conveying to the City certain property described as follows Lot No 31 and South 3 feet of Lot 30, Chicago Heights Subdivision, as recorded in Liber 76, Page 54 of Plats, Wayne County Records the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid quit claim 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 A communication from the Livonia Housing Commission, dated March 3, 1994, re Livonia Housing Commission financial statements for the fiscal year ending December 31, 1993, was received and placed on file for the information of the Council 28150 #189-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 22, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 1994 GMC TC31003 cab and chassis with 9-foot stake body from Good GMC, 4800 Clyde Park, S W , Wyoming, Michigan 49509, in the amount of $14, 909 00, including delivery and which price allows credit for the deletion of air conditioning, the same to be appropriated and expended from the Equipment Maintenance Capital Outlay Account No 101-446-985-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 0075) , as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #190-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 23, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) 1994 GMC TC20903 3/4 ton pickup trucks from Good GMC, 4800 Clyde Park, S W , Wyoming, Michigan 49509, in the amount of $12,193 00 each, including delivery and credit for the deletion of step bumper, spare tire, hour meter, triangle kit and pickup box and addition of power windows and locks, for a total of $24,386 00, the same to be appropriated and expended from the Municipal Refuse Fund (Animal Control) Capital Outlay Account No 205-526-985-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 0075) , as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #191-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 22, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 1994 GMC TC20903 3/4 ton pickup truck from Good GMC, 4800 Clyde Park, S W , Wyoming, Michigan 49509, in the amount of $14, 858 00, including delivery and upgrade of engine, transmission, tires and springs, the same to be appropriated and expended from the Equipment Maintenance Capital Outlay Account No 101-446-985-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 0075) , as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended 28151 #192-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the District Judges, dated March 1, 1994, approved by the Finance Department and approved for submission by the Mayor, the Council does hereby accept the bid of Bill Brown Ford, Inc , 32222 Plymouth Road, Livonia, Michigan 48150, for supplying the 16th District Court Voluntary Work Program with one (1) 1994 Ford Econoline F-150 van for a total price of $14,214 80, the same having been in fact the lowest bid received and meets all specifications #193-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 18, 1994, approved by the Finance Department and approved for submission by the Mayor, the Council does hereby authorize the purchase of 18 Motorola mobile radio units for a price of $377 00 each and a total price of $6, 786 00 from Portable Communication, Inc , 31528 W Eight Mile Road, Livonia, Michigan 48152; FURTHER, the Council does hereby authorize the said purchase without competitive bidding in accordance with Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #194-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 28, 1994, approved by the Finance Department and approved for submission by the Mayor, the Council does hereby accept the low bid which meets specifications of Michigan Chloride Sales, Inc , P 0 Box 146, St Louis, Michigan 48880, for supplying the Public Service Division (Road Maintenance Section) with liquid calcium chloride delivered to the storage tank in the DPW Yard at the unit price bid of $215 00 per 1, 000 gallons for the period through December 31, 1994; FURTHER, in the event the aforesaid low bidder is unable to furnish the material, the Council does hereby accept the second low bid which also meets specifications of Bay Dust Control, P 0 Box 215, Kawkawlin, Michigan 48631, for supplying the Public Service Division (Road Maintenance Section) with liquid calcium chloride delivered to the storage tank in the DPW Yard at the unit price bid of $375 00 per 1, 000 gallons for the period through December 1, 1994; FURTHER, the Council does hereby accept the low bid of Michigan Chloride Sales, Inc , P 0 Box 146, St Louis, Michigan 48880, for supplying the Public Service Division (Road Maintenance Section) with liquid calcium chloride delivered and applied to the street at the unit price bid of $245 00 per 1,000 gallons for the period through December 31, 1994; FURTHER, in the event the aforesaid low bidder is unable to furnish the material, the Council does hereby accept the second low bid which also meets specifications of Bay Dust Control, P 0 Box 215, Kawkawlin, Michigan 48631, for supplying the Public Service Division (Road Maintenance Section) with liquid calcium chloride delivered and applied to the street at the unit price bid of $415 00 per 1, 000 gallons for the period through December 31, 1994 28152 #195-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated February 28, 1994, approved by the Finance Department and approved for submission by the Mayor, the Council does hereby accept the bid of Mich-I-Penn Oil & Grease Company, 9100 Freeland, Detroit, Michigan 48228, for supplying the Public Service Division (Equipment Maintenance Section) with motor, transmission and hydraulic oils at the unit prices bid through April 30, 1995, at a total estimated amount of $7,682 85, the same having been in fact the lowest bid received and meets all specifications #196-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 2, 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 Continental Contractors, 24258 Sorrentino Court, Clinton Township, Michigan 48035, for the 1994 Lane Line Marking Program for the estimated total cost of $10,343 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 a sum not to exceed $10,343 00 from the Michigan Transportation Fund (Major Road Account) for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as may be required; and the Mayor and the 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 #197-94 RESOLVED, that the Council having considered a communication from the City Engineer, dated March 3, 1994, approved for submission by the Mayor, and submitted pursuant to the requirements set forth in Section 16 24 310 of the Livonia Code of Ordinances, as amended, wherein it is required that street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Stonehouse Avenue (Forest Oaks Subdivision) , between Joy Road and West Chicago in the Southeast 1/4 of Section 31, 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 of 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 28153 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 3, 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 Wednesday, May 4, 1994, at 8 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 48154, 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 #198-94 WHEREAS, pursuant to the direction of the City Council in its resolution 90-94, adopted on February 9, 1994, 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 February 17, 1994, an assessment roll dated February 17, 1994, for the proposed street improvement consisting of the placement of approximately 4" of asphalt over the existing roadway (Alternate IV) on Grove, west of Merriman in the Northeast 1/4 of Section 15, City of Livonia, Wayne County, Michigan, 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 90-94; 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, May 4, 1994, at 8 00 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 May 4, 1994; 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 28154 #199-94 WHEREAS, pursuant to the direction of the City Council in its resolution 91-94, adopted on February 9, 1994, 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 February 17, 1994, an assessment roll dated February 17, 1994, for the proposed street improvement consisting of a 31' wide concrete pavement with curb and gutters (Alternate I) on Roycroft, east of Middlebelt, in the Southwest 1/4 of Section 13, City of Livonia, Wayne County, Michigan, 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 91-94; 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, May 4, 1994, at 8 00 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 May 4, 1994; 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 #200-94 WHEREAS, pursuant to the direction of the City Council in its resolution 138-94, adopted on February 23, 1994, 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 March 7, 1994, an assessment roll dated March 7, 1994, for the proposed street lighting improvement consisting of the installation of 100-watt high pressure sodium lights on davitt poles for the Orangelawn Woods Subdivision in the Northeast 1/4 of Section 33, 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 138-94; 28155 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, May 4, 1994, at 8 00 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 May 4, 1994; 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 #201-94 WHEREAS, pursuant to the direction of the City Council in its resolution 139-94, adopted on February 23, 1994, 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 March 7, 1994, an assessment roll dated March 7, 1994, for the proposed street lighting improvement consisting of the installation of 100-watt high pressure sodium lights on colonial post top poles for the Willow Creek Subdivision in the Northwest 1/4 of Section 14, 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 139-94; 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, May 4, 1994, at 8 00 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; 28156 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 May 4, 1994; 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 A roll call vote was taken on the foregoing resolutions with the following result AYES Kavanagh, Ochala, Toy, Jurcisin, Feenstra, McGee, and Taylor NAYS None Feenstra gave first reading to the following Ordinance AN ORDINANCE ADDING SECTION 020 TO TITLE 10, CHAPTER 87 (TOY VEHICLES) 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 A communication from the Parks and Recreation Department, dated March 2, 1994, re the History of Skateboard Proposals was received and placed on file for the information of the Council On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #202-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated March 2, 1994, and submitted pursuant to Council Resolution 296-93, in connection with a letter from Andrew J Ragalyi, 9674 Garden, Livonia, Michigan 48150, received by the Office of the City Clerk on April 2, 1993, wherein it is proposed that the City establish skateboard parks or designate specific areas to be constructed for skateboarding which would be open to the public, the Council does hereby determine to take no further action 28157 On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #203-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated March 2, 1994, and submitted pursuant to Council Resolution 810-93, with regard to the question of letters which bear the seal of the City of Livonia, the signature of an elective office holder, and which purport to be in support of another candidate for elective office in connection with the consideration to be given to the proposed new ethics ordinance, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #204-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated March 2, 1994, and submitted pursuant to Council Resolution 813-93, in connection with a communication from the City Clerk, dated September 27, 1993, with regard to a proposal to amend certain provisions of the Livonia Code of Ordinances, Sections 5 30 030 and 5 12 010, concerning the licensing of mechanical amusement devices and pool/billiard tables inasmuch as the current provisions may not ensure proper investigation and enforcement by the Police Department, the Council does hereby refer this matter to the Department of Law for its report and recommendation and/or submission of appropriate proposed ordinance amendments with regard to this matter On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #205-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated March 2, 1994, and submitted pursuant to Council Resolution 917-93, with regard to the question of increasing fees presently prescribed by Ordinance for sheltering reclaimed animals, and having also considered the report and recommendation of the Director of Public Works, dated March 1, 1994, approved by the Mayor, the Council does hereby request that the Department of Law prepare appropriate ordinance amendments to Sections 6 04 290 and 6 06 210 in accordance with the recommendations herein submitted On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #206-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated March 2, 1994, and submitted pursuant to Council Resolution 13-94, in connection 28158 with the report and recommendation of the Department of Law, dated December 9, 1993, and submitted pursuant to Council Resolution 645-93, which sets forth a review of the Brownstown Township Disorderly Conduct Ordinance and comparison to applicable sections of the Livonia Code of Ordinances, the Council does hereby request that the Department of Law prepare appropriate ordinance amendments to the Livonia Code of Ordinances which would incorporate provisions of Article 42 (Stalking) , Article 38 (Spray Paint) , Article 39 (Graffiti) and Article 40 (Parental Responsibility) of the Brownstown Township Ordinance into corresponding chapters of the Livonia Code of Ordinances On a motion by Feenstra, seconded by McGee, and unanimously adopted, it was #207-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 7, 1994, and submitted pursuant to Council Resolution 84-94, in connection with 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 Feenstra, seconded by McGee, and unanimously adopted, it was #208-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 7, 1994, and submitted in connection with Council Resolution 84-94, with regard to a new Class C Conference Center License to be located at Schoolcraft College, the Council does hereby request that the Livonia City Council/Schools Liaison Committee submit its report and recommendation with respect to establishing dialog and regular communication with Schoolcraft College in regard to such items as sidewalk construction, cellular tower construction, etc Jurcisin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 060 OF TITLE 16, CHAPTER 32 (LOT PARTITION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 28159 The foregoing Ordinance, when adopted, is filed in the Journal of iMmOrdinances 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 McGee, seconded by Jurcisin, and unanimously adopted, it was #209-94 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 1, 1994, submitted pursuant to Council Resolution 1020-93, and in accordance with Section 23 01 (a) of Zoning Ordinance 543, as amended, the Council does hereby request that the Planning Commission conduct a public hearing and thereafter submit a report and recommendation on the question of whether Section 23 05 of Zoning Ordinance 543 should be amended so as to include the requirement that an insert be provided by the City Clerk with respect to signs required for proposed zoning changes McGee gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 26 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDINC 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) 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 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) 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 immword repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting (REVISED PAGE - SEE 1ST READING) 28160 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 SECTION 3 THERETO (Petition 93-12-1-19) 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 On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, it was #210-94 RESOLVED, that having considered a communication from the Department of Law, dated March 15, 1994, submitted pursuant to Council Resolution 171-94 with regard to Petition 93-12-1-19, submitted by Victor Corporate Park Land Investment Partnership, for a change of zoning on property located on the north side of Seven Mile Road between Victor Parkway and 1-275 Expressway in the Southeast 1/4 of Section 6, from PO, PO III and C-4 III to C-2, and wherein the Department of Law has submitted the necessary ordinance amendment, which did receive its first reading on March 23, 1994 by Councilmember Fernon P Feenstra, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #211-94 RESOLVED, that having considered a communication from the City Assessor, dated February 16, 1994, approved for submission by the Mayor, with regard to a request from Mr Charles Tangora, 33300 Five Mile, Livonia, Michigan 48154, on behalf of Mr Michael Siggia, 38121 Plymouth, Livonia, Michigan 48150, 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 46 090 99 0021 000 into two parcels, the legal descriptions of which shall read as follows Parcel A The South 66 00 feet of the East 270 0 feet of the West 330 0 feet of the South 132 00 feet of the North 589 02 feet of the LNorthwest 1/4 of Section 23, T 1S , R 9E , City of Livonia, Wayne County, Michigan Subject to easements of record 28161 Parcel B The North 66 00 feet of the East 270 0 feet of the West 330 0 feet of the South 132 00 feet of the North 589 02 feet of the Northwest 1/4 of Section 23, T1S , R 9E , City of Livonia, Wayne County, Michigan Subject to easements of record 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, as well as the requirement that a sidewalk be constructed on Merriman Road in front of the subject property in accordance with City standards and specifications On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #212-94 RESOLVED, that the Council does hereby request that the Legislative Committee submit its report and recommendation on the question of adopting an ordinance amendment which provides that sidewalks must be installed in connection with the construction of single-family residences on vacant lots in all cases On a motion by Kavanagh, seconded by Toy, and unanimously adopted, it was #213-94 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, the Livonia Historical Commission and the City Engineer, dated February 25, 1994, approved by the Finance Department and approved for submission by the Mayor, the Council does hereby authorize the acceptance of the proposal from Jon Greenberg E. Associates Inc , 29355 Northwestern Highway, Southfield, Michigan 48034, for 1) preparation of construction documents for restoration of north barn and greenhouse; 2) construction oversite on north barn, greenhouse, chicken coop, and garage at Greenmead, for a sum not to exceed $20,000 00, plus an estimated $500 00 in reimbursables for additional expenses; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $20, 500 00 from the "Post Office Account" for this purpose McGee made the following disclosure respecting a conflict of interest on this matter Mr President, regarding the next matter, as I have previously disclosed my law firm represents this petitioner from time to time, and, although we do not represent them in this matter, I wish to announce the conflict and will abstain from any 28162 consideration of this agenda item I refer to my prior statements and my letter dated February 24, 1992, to the City Clerk on this subject and would ask that these remarks be made part of the official record of this meeting Thank you McGee left the podium at 8 27 p m On a motion by Ochala, seconded by Kavanagh, it was #214-94 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 21, 1993, and a report and recommendation of the Chief of Police, dated September 16, 1993, approved for submission by the Mayor, the Council does hereby approve of the request from RDS Detroit, Inc to transfer ownership '89 SDD, w/SS, (in escrow) from Stotsky Assets 101, Inc , and transfer location from 37290 Five Mile, Livonia, Michigan, to be held in conjunction with existing ' 93 SDM Licensed Business located at 37681 Five Mile Road, Livonia, Michigan 48154, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result liw AYES Kavanagh, Ochala, Toy, Jurcisin, and Taylor NAYS Feenstra The President declared the resolution adopted McGee returned to the podium at 8 29 p m On a motion by Jurcisin, seconded by McGee, it was #215-94 RESOLVED, that having considered a communication from the Director of Public Works, dated February 17, 1994, approved by the Finance Department and approved for submission by the Mayor, the Council does hereby authorize the purchase of four (4) 1994 Oldsmobile Ciera "S" sedans from Team One Chevrolet Oldsmobile, 1616 Lansing Road, Charlotte, Michigan 48813, in the amount of $11, 512 00 each plus $81 25 for delivery, for a total cost of $46,373 00, the same to be appropriated and expended from the Equipment Maintenance Capital Outlay Account No 101-446-985-000; FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 0070) , as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result 28163 AYES Kavanagh, Ochala, Jurcisin, Feenstra, McGee, and Taylor NAYS Toy The President declared the resolution adopted On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, it was #216-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Water and Sewer Board, dated March 2, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby authorize the purchase of three (3) 1994 GMC TC20903 3/4 ton pickup trucks (4x2) from Good GMC, 4800 Clyde Park, S W , Wyoming, Michigan 49509, in the amount of $12, 880 00 each, including delivery and upgrade of engine, transmission, tires and springs, for a total of $38,640 00, the same to be appropriated and expended from the Water Fund Capital Outlay Account No 591-000-142-000; FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 0075) , as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #217-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Librarian, dated March 8, 1994, approved by the Finance Department and approved for submission by the Mayor with respect to the Carl Sandburg Library Improvement Project, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation On a motion by Toy, seconded by McGee, and unanimously adopted, it was #218-94 RESOLVED, that having considered the report and recommendation of the Mayor and the Department of Law, dated February 14, 1994, concurred with by the Director of Community Resources, and which is submitted pursuant to Council Resolution 864-93, with regard to a proposal to sell 41 5 acres of the 1010 Greenmead property which lies west of the U S Post Office and north of Pembroke Road to Victor International Corporation, the Council does hereby determine to take no further action with respect to this item 28164 On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #219-94 RESOLVED, that having considered the report and recommendation of the Mayor and the Department of Law, dated February 14, 1994, concurred with by the Director of Community Resources, and which is submitted pursuant to Council Resolution 864-93, with regard to a proposal to sell 41 5 acres of the Greenmead property which lies west of the U S Post Office and north of Pembroke Road to Victor International Corporation, the Council does hereby refer the subject of the proposed sale of Greenmead property to the Committee of the Whole for its report and recommendation On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #220-94 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated February 24, 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 SBG Construction Inc , 48829 West Road, P 0 Box 6067, Wixom, Lit Michigan 48393-6067, for the 1994 Water Main Replacement Program for the estimated total cost of $771, 200 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 a sum not to exceed $771,200 00 from Account No 591---/158-031 (Construction-in-Progress Water Main Replacement) ; 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 On a motion by Feenstra, seconded by Jurcisin, it was #221-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 25, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby authorize and request the City Clerk to execute a Municipal Street Lighting Agreement with the Detroit Edison Company on forms provided by such company, for the installation of one 250-watt high pressure sodium street light on an existing wood pole to be installed on Schoolcraft Road between the two (2) median crossovers near the entrance to the Laurel Manor complex, 39000 Schoolcraft, in the City of Livonia, Michigan, it being the 28165 determination of the Council that such lighting is required in order to protect the public safety of the residents of the community; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $700 00 from the Michigan Transportation Fund (Major Road Account) in order to defray the Detroit Edison contribution-in-aid costs connected with this street lighting installation project; and the Council does hereby refer the balance of the proposed street lighting for this area back to the Engineering Department for the purpose of preparing a special assessment district to be authorized for this purpose A roll call vote was taken on the foregoing resolution with the following result AYES Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and McGee NAYS Taylor The President declared the resolution adopted On a motion by Jurcisin, seconded by Ochala, it was #222-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 4, 1994, which bears the signature of the Mayor and the Finance Department, with regard to a request from the Ford Motor Land Development Corporation, the Council does hereby authorize and request the City Clerk to execute a Municipal Street Lighting Agreement with the Detroit Edison Company on forms provided by such company, for the installation of a street light of suitable lumen strength to be installed on Ann Arbor Road adjacent to the Child Development Center, 38945 Ann Arbor Road, in the City of Livonia, Michigan, it being the determination of the Council that such lighting is required in order to protect the public safety of the residents of the community; and the Council does hereby take this means to indicate its understanding that the contribution-in-aid in the sum of $340 00 to be paid to Detroit Edison Company with respect to this item shall be paid by the Ford Motor Land Development Corporation A roll call vote was taken on the foregoing resolution with the following result AYES Kavanagh, Ochala, Toy, Jurcisin, McGee, and Taylor NAYS Feenstra The President declared the resolution adopted On a motion by Ochala, seconded by Feenstra, it was 28166 #223-94 RESOLVED, that having considered a communication from the City Planning Commission, dated March 3, 1994, which sets forth its resolution 2-43-94, adopted on February 22, 1994, with regard to a request from Julie Alkarawi for an extension of the approval of Petition 92-10-2-46, submitted by James Staniforth, relative to a waiver use approval to operate a limited service restaurant within an existing building located on the east side of Merriman Road, north of Schoolcraft Road in the Southwest 1/4 of Section 23, previously granted in Council Resolution 132-93, adopted on February 24, 1993, the Council does hereby reject the recommendation of the City Planning Commission and does hereby deny the request for the extension 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 waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance #543; 2 That the proposed use in incompatible to and not in harmony with the surrounding uses in the area; and 3 That the proposed use will attract an unacceptable amount of additional traffic to the site A roll call vote was taken on the foregoing resolution with the following result AYES Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and Taylor NAYS McGee The President declared the resolution adopted On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #224-94 RESOLVED, that the Council does hereby request that the Inspection Department submit a report and recommendation with regard to the status of the ice machine located on the east side of Merriman Road, north of Schoolcraft Road in the Southwest 1/4 of Section 23 On a motion by Feenstra, seconded by Ochala, it was #225-94 RESOLVED, that having considered a communication from the City Planning Commission, dated March 2, 1994, which transmits its resolution 2-42-94, adopted on February 22, 1994, with regard to Petition 94-1-2-3, submitted by Dearborn Federal Credit Union requesting waiver use approval to construct a credit union office to be located on the southeast corner of Seven Mile and Newburgh Roads in the Northwest 1/4 of Section 8, which property is zoned OS, the Council does hereby concur in the 28167 recommendation made by the City Planning Commission and Petition 94-1-2-3 is hereby approved and granted subject to the following conditions 1 That the Site Plan marked Sheet 2 dated 1-18-94, as revised, prepared by Quinn Evans, Architects, which is hereby approved, shall be adhered to; 2 That the Landscape Plan marked Sheet 3 dated 2-18-94, as revised, prepared by Quinn Evans, Architects, which is hereby approved, shall be adhered to 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; 3 That the Building Elevation Plan marked Sheet 4 dated 1-18-94, prepared by Quinn Evans, Architects, which is hereby approved, shall be adhered to; 4 That a Landscape Greenbelt as shown on the approved Landscape Plan shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance #543 and shall be constructed along the property line abutting any residential zoning district; and 5 That the proposed brick materials to be used on the building shall comply with the brick sample board "A" as presented by the petitioner A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Jurcisin, Feenstra, and Taylor NAYS Kavanagh, Toy, and McGee The President declared the resolution adopted On a motion by Ochala, seconded by McGee, and unanimously adopted, it was #226-94 RESOLVED, that having considered a communication from the City Planning Commission, dated March 14, 1994, which transmits its resolution 3-56-94, adopted on March 8, 1994, with regard to Petition 94-1-3-1 submitted by Beverly Spranger, requesting the vacating of a portion of an easement on Lot 104, Thomas Elliot Subdivision, located on the west side of Clements Circle W between W Chicago and Plymouth Roads in the Northwest 1/4 of Section 36, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the vacating of the northerly 4 feet of the existing 12 foot easement for a distance of 81 feet west of the street 28168 right-of-line (front property line) , but denies the vacating of L the balance of the easement for the same reasons indicated in the aforesaid communication; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was #227-94 RESOLVED, that having considered a communication from the City Planning Commission, dated January 12, 1994, which sets forth its resolution 1-2-94, adopted on January 11, 1994, with regard to Petition 93-11-1-17, submitted by Seven Mile and Haggerty Assoc (proponent) and Pentagon Properties Limited Partnership (owner) for a change of zoning on property located on the north side of Seven Mile Road and east of Haggerty in the Southwest 1/4 of Section 6, from ML to C-2, and the Council having conducted a public hearing with regard to this matter on March 2, 1994, pursuant to Council Resolution 45-94, the Council does hereby request that the City Planner 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 LDuring the audience communication portion at the end of the meeting, Gary Markwardt, 37785 St Martins, Livonia 48152, indicated his concern about the development of the area between Seven Mile and Eight Mile and Newburgh and Haggerty On a motion by McGee, seconded by Ochala, and unanimously adopted, this 1,269th Regular Meeting of the Council of the City of Livonia was adjourned at 9 20 p m , March 23, 1994 II M / ' .1 .f .004.. J.-n McCotter, City Clerk 1. _ _ _