HomeMy WebLinkAboutCOUNCIL MINUTES 1993-03-24 27529
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FORTY-FIFTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On March 24, 1993, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
Vice President of the Council at 8:03 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, and Michael P. McGee. Absent:
Fernon P. Feenstra and Gerald Taylor (out of town on business).
Elected and appointed officials present: Robert D. Bennett,
Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Joan McCotter,
City Clerk; Harry Tatigian, City Attorney; Karen A. Szymula, Director of
Legislative Affairs; Ronald Reinke, Superintendent of Parks and Recreation;
John Fegan, Director of Inspection; Robert J. Beckley, Director of Public
Works; Robert Alanskas, Planning Commission; and James Andres, Chief
Accountant.
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was:
#188-93 RESOLVED, that the minutes of the 1,244th Regular
Meeting of the Council of the City of Livonia, held March 10,
1993, are hereby approved as submitted.
Boy Scout Troop 889 from Randolph School was recognized as being
in attendance at the meeting. A commendation was presented to Dale J.
Brubaker, State Commander of the Department of Michigan, Veterans of
Foreign Wars, by Councilmember Ochala. Also, a five- (5) year service pin
was presented to Bonita Johnson, Administrative Assistant in the City
Council Office.
No one in the audience wished to speak at the beginning of the
meeting
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On a motion by Jurcisin, seconded by Kavanagh, it was:
#189-93 RESOLVED, that having considered a communication from
the Livonia Family "Y", dated March 2, 1993, requesting
permission to display a sandwich board sign, 6' x 3' in size, at
the southwest corner of Farmington and Lyndon Roads on March 26,
27 and 28, 1993, for the purpose of advertising a March 28, 1993
craft show, the Council does hereby approve this request in the
manner and form herein submitted.
#190-93 RESOLVED, that in connection with a request submitted
by the Livonia Family "Y" to display a sandwich board sign for a
craft show to be conducted on March 28, 1993, the Council does
hereby refer the subject of the waiver of transient merchant fees
to the Finance and Insurance Committee for its report and
recommendation.
#191-93 RESOLVED, that having considered a communication from
the Mayor, dated March 1, 1993, submitted pursuant to Section
2.48.020 of the Livonia Code of Ordinances, as amended, with
regard to the reappointment of Ms Judy Hale, 31950 Cambridge,
Livonia, Michigan 48154, as a member of the Local Officers
Compensation Commission for a term which shall expire on April 2,
2000, the Council does hereby confirm the appointment of Ms.
Hale; and it is hereby further provided that she shall take the
oath of office as required in Chapter X of Section 2 of the City
Charter, to be administered by the Office of the City Clerk.
#192-93 RESOLVED, that having considered a letter from
Christine Grudzien, 38052 Joy Road, Livonia, Michigan 48150,
dated February 22, 1993, wherein a request is submitted for the
vacating of 10 ft. of the 20 ft. easement located to the north
and rear of Lots 91-95 of the Golden Ridge Subdivision (No.
124-02-0091-000), 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.
A communication from the Human Relations Commission, dated
February 17, 1993, re: alleged racial and ethnic discrimination at the
Merriman Park Apartments complex was received and placed on file for the
information of the Council. (CR 950-92)
#193-93 RESOLVED, that having considered a communication from
the City Clerk, dated March 8, 1993, wherein it is recommended
that the Election Precinct Ordinance as set forth in Chapter 1.08
of the Livonia Code of Ordinances be amended to provide for the
rearrangement of precincts recommended herein, and which would
also increase the number of voting precincts from 41 to 42, the
Council does hereby refer this item to the Department of Law for
the preparation of an appropriate ordinance amendment for
submission to Council.
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ihro #194-93 RESOLVED, that having considered a communication from
the City Clerk, dated March 8, 1993, to which is attached a
proposed procedure, forms and contract governing burials which
are being conducted in the Livonia Center, Clarenceville and
Newburg Cemeteries, all of which are under City jurisdiction, the
Council does hereby take this means to indicate its approval of
the aforesaid procedure, forms and contract in the manner and
form herein submitted.
#195-93 RESOLVED, that having considered the report and
recommendation of the City Treasurer, dated March 4, 1993, which
bears the signatures of the Finance Director and the Mayor, the
Council does hereby accept the proposal of 360 Services, 12623
Newburgh Road, Livonia, Michigan 48150, for the printing and
mailing of the 1993 Summer and Winter Tax Statements for a total
price of $9,670.64, inasmuch as the same is the lowest solicited
quote and in compliance with required specifications; FURTHER,
the Council does hereby authorize the said item without
competitive bidding in accordance with Section 3.04. 140D5 of the
Livonia Code of Ordinances, as amended.
#196-93 RESOLVED, that having considered a communication from
the City Treasurer, dated March 4, 1993, which bears the
signatures of the Finance Director and the Mayor, the Council
does hereby refer the subject of the redesign of the City Tax
Lis Bill to the Committee of the Whole for its report and
recommendation.
#197-93 RESOLVED, that having considered the report and
recommendation of the Director of Building Inspection, dated
February 11, 1993, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council
does hereby authorize a one-year extension of the 1992 Weed
Cutting contract between the City of Livonia and Pritula & Sons
Excavating, 28355 Beverly, Romulus, Michigan 48174, in accordance
with Paragraph 4 of the contract previously authorized in Council
Resolution 317-91, adopted on April 17, 1991, and which was
previously extended for a one-year period by Council Resolution
175-92, adopted on March 11, 1992, the said new extension to be
based upon the same terms and conditions as those set forth in
the original contract; FURTHER, the Council does hereby authorize
an advance in the contract amount from the Municipal Refuse Fund
Account for the purpose of making payments to the contractor as
he completes the work, with the provision that the Municipal
Refuse Fund Account be reimbursed as bills for Weed Cutting are
collected; and the Council does hereby authorize the said item
without competitive bidding in accordance with Section 3.04.140D5
of the Livonia Code of Ordinances, as amended; and the Mayor and
City Clerk are hereby authorized, for and on behalf of the City
of Livonia, to execute the said contract extension as well as to
do all other things necessary to fulfill the purpose of this
resolution.
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#198-93 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated February 19, 1993, approved for submission by the Finance
Director and the Mayor, the Council does hereby accept the bid of
Robertson Brothers Service, Inc. , 3190 Haggerty Road, West
Bloomfield, Michigan 48322, as follows:
Opening Closing
Opening and Closing of Botsford
Swimming Pool $950.00 $350.00
Opening and Closing of Clements
Circle Swimming Pool 950.00 350.00
the same having been in fact the lowest bid which meets
specifications; and the bid of Hendon Pools of Michigan is hereby
rejected for the reasons stated in the aforesaid communication
(i.e. , that it does not meet specifications) .
#199-93 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated February 19, 1993, approved for submission by the Finance
Director and the Mayor, the Council does hereby accept the unit
price bid of Northwest Pools, Inc. 7045 Angola Road, Holland,
Ohio 43528, for supplying chlorine for the City pools for the
1993 season, for a per gallon price of $.85, and for a total
estimated price of $5,950.00; the same having been the lowest bid
received and meets all specifications.
#200-93 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated March 4, 1993, approved for submission by the Finance
Director and the Mayor, and which transmits Parks and Recreation
Commission resolution 2211-93, wherein it is recommended that the
request of the Livonia "Y" Premier Soccer Club Michigan Wolves
and Michigan Hawks to vend food products on May 15, 1993 at the
Jaycee Park for their annual soccer day be approved provided that
all vending licenses are secured and necessary insurance forms
filed with the Department of Parks and Recreation, the Council
does hereby concur in and approve of this request in the manner
and form herein submitted
#201-93 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated February 17, 1993,
approved for submission by the Finance Director and the Mayor,
and which submits a competitive bid received with respect to the
proposed sale of City-owned property located at 28571 Clarita,
Livonia, Michigan 48152, the Council does hereby accept the bid
of and authorize the sale of the aforesaid City-owned property to
Dimitri Papasoglu, 38263 Southfarm Lane, Northville, Michigan
ims 48167, for a total purchase price of $45,000, which sale is
conditioned upon the purchaser providing such title work as may
be required for this transaction, the action herein being taken
in order to serve the best interests of the community; FURTHER,
the sale herein is conditioned upon the following:
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1. The oak tree at the southwest corner of the home shall be
removed by the City of Livonia; and
2. The property tax assessment shall not commence on the
property until January 1, 1994;
and the Mayor and City Clerk are hereby authorized, for and on
behalf of the City of Livonia, to execute a quit claim deed and
such other documents as may be necessary or incidental to fulfill
the purpose of this resolution; and the Department of Law is
hereby requested to prepare and place in proper form such legal
documents as may be necessary to consummate this transaction.
#202-93 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated February 22, 1993,
approved for submission by the Finance Director and the Mayor,
the Council does hereby accept the bid of KCI General
Contractors, New Baltimore, Michigan, for renovating the McNamara
Towers #2 to provide handicapped access for a total price of
$49,900, the same having been in fact the lowest bid received and
meets all specifications; FURTHER, the Council does hereby
appropriate and authorize the use of CDBG Budget Funds for this
purpose as follows:
240-800-818-621 McNamara Towers #2 Renovation
C/yr. - $5,000
240-800-818-622 McNamara Towers #2 Renovation
Pr/yr. - $45,000
and the Council does hereby authorize the Housing Commission to
enter into a contract with KCI General Contractors, as well as to
do all other things necessary or incidental to the full
performance of this resolution.
A communication from the Livonia Housing Commission, dated March
5, 1993, re: Financial Statements and Fiscal Year-End Reports for the
twelve month fiscal year ending December 31, 1992, was received and placed
on file for the information of the Council.
#203-93 RESOLVED, that having considered a communication from
the Director of Finance, dated March 8, 1993, approved for
submission by the Mayor, to which are attached reports on the
City's investments in U.S Government Securities, the Council
does hereby refer this item to the Committee of the Whole for its
report and recommendation.
#204-93 RESOLVED, that having considered a communication from
the City Engineer (in his capacity as Street Administrator) ,
dated February 23, 1993, which is approved for submission by the
Mayor, and submitted pursuant to Section 13(6)a of Act 51, of
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the Public Acts of Michigan of 1951, as amended with regard to
the transfer of funds for the fiscal year 1992-93 from the Major
Street System Account to the Local Street System Account, the
Council does hereby authorize the transfer of a sum up to, but
not to exceed, 25% of the amount designated for the Major Street
System to be used on the Local Street System, and the City Clerk
and Finance Director are hereby authorized to do all things
necessary or incidental to fulfill the purpose of this
resolution
#205-93 RESOLVED, that having considered a communication from
the City Engineer (in his capacity as Street Administrator),
dated February 23, 1993, which bears the signature of the Finance
Director, approved for submission by the Mayor and submitted
pursuant to Section 13(6)(b) of Act 51 of the Public Acts of
Michigan of 1951, as amended with regard to the transfer of funds
for the fiscal years of 1992-93 from the Major Street System
Account to the Local Street System Account, the Council does
hereby authorize the transfer of a sum up to, but not to exceed,
$500,000 from those funds designated for use on the Major Street
System to be used on the Local Street System; and the City Clerk
and Finance Director are hereby authorized to do all things
necessary or incidental to fulfill the purpose of this
resolution.
#206-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 8, 1993, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, and which submits final cost information
with respect to the paving of Wadsworth Drive, east of Stark, in
the Southeast 1/4 of Section 28, pursuant to S.A.D. No. 359, the
Council does hereby determine as follows:
a) To authorize a decrease in the total assessment as set forth
in the confirmed assessment roll for S A.D. No. 359 from
$86,112.00 to $85,932.60, with the assessments to be reduced
to the assessment rate of $47.90 p a.f. ;
b) To authorize the City Assessor to increase the assessments
in the total amount of $5,044.42 for parcels listed in
Attachments III and IV, so as to include the cost of
additional work requested by property owners within the
assessment district;
c) To establish the final project cost at $158,916.22, of which
$90,977.02 is to be charged to the special assessment
district and $67,939.20 is to be assumed by the City's
Michigan Transportation Fund (Local Road Account) receipts;
and
Imo
d) To authorize an expenditure in the amount of $158,916.22
from the $12 million General Obligation Road Improvement
Bond Issue with the provision that the Bond Issue be
reimbursed at such time as funds are available from the next
Special Assessment Paving Bond Issue ($90,977.02) and from
Michigan Transportation Fund (Local Road Account) receipts
($67,939.20).
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#207-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 25, 1993,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby accept the
unit price bid of G.V. Cement Contracting Co. , 13785 Monterey,
Southgate, MI 48195, for the 1993 Concrete Pavement and Catch
Basin Repair Program for the estimated total cost of $198,555,
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 $198,555 from the $12 Million General Obligation Road
Improvement Bond Issue for this purpose; and the City Engineer is
hereby authorized to approve minor adjustments in the work as it
becomes necessary, so long as the total cost of said adjustments
does not exceed 5% of the bid price accepted herein; 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.
#208-93 RESOLVED, that having considered the report and
recommendation of the Assistant Planning Director, dated March 5,
1993, approved for submission by the Mayor, and to which is
attached a report containing a brief explanation of the 1993-94
Community Development Block Grant (CDBG) Program, the Council
does hereby take this means to indicate its informal approval of
the proposed program and budget and does further authorize the
conducting of a public hearing on this matter for public comment
so that thereafter a final program and budget will be prepared
for submission to the City Council.
#209-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 10, 1993, which
transmits its resolution 3-59-93, adopted on March 9, 1993, with
regard to Petition 93-2-2-6, submitted by Livonia Rotary Club,
requesting waiver use approval to conduct a carnival from April 7
through April 18, 1993 in the parking lot of the shopping center
located on the north side of Plymouth Road between Haller and
Middlebelt Roads in the Southwest 1/4 of Section 25, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
93-2-2-6 is hereby approved and granted, subject to the following
condition:
That all truck parking, temporary housing units and all
other related transportation equipment and apparatus
relating to the operation of the carnival shall be
parked or stored to the north or rear of the shopping
center building but no closer to the east property line
than 100 feet.
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#210-93 RESOLVED, that having considered a report from
Councilman Fernon P. Feenstra, with regard to the improper use of
the front yard of certain residential property located on the
east side of Inkster, just north of Five Mile Road, the Council
does hereby request that the Inspection Department submit a
report and recommendation.
#211-93 RESOLVED, that having considered a report from
Councilman Fernon P Feenstra, the Council does hereby request
that the City Clerk and the City Treasurer submit their
respective reports and recommendations with regard to what craft
show fees, if any, have been waived or collected during the
preceding year with respect to craft shows which have been
conducted at Churchill High School, Frost Middle School, Franklin
High School and the Livonia Family "Y".
#212-93 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Contractors
Steel Company, dated March 2, 1993, covering new industrial
facilities to be located within City of Livonia Industrial
Development District 7;
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, April 28, 1993 at
8:00 p.m. , at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan.
3. The Council hereby sets Wednesday, April 28, 1993 at 8:00
p.m. , at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan, as the date, time and place for
conducting a hearing on said Application.
#213-93 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Hy-Tek Systems,
Inc. , dated March 8, 1993, covering new industrial facilities to
be located within City of Livonia Industrial Development District
48;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA
that it determines as follows
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Iwo 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, April 28, 1993 at
8:00 p.m. , at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan.
3. The Council hereby sets Wednesday, April 28, 1993 at 8:00
p.m. , at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan, as the date, time and place for
conducting a hearing on said Application.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Kavanagh, Ochala, Toy, Jurcisin, and McGee.
LNAYS: None.
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was:
#214-93 RESOLVED, that the subject of transient merchant fees
be referred to the Legislative Committee for its report and
recommendation.
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
#215-93 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated
March 22, 1993, in connection with the report and recommendation
of the Superintendent of Parks and Recreation, dated March 4,
1993, approved for submission by the Finance Director and the
Mayor, and which transmits Parks and Recreation Commission
Resolution 2213-93 with respect to a proposal and request from
the Beverly Park Playground Committee for a community funded and
built playground to be located at Beverly Park (adjacent to
Coolidge School), the Council does hereby take this means to
approve this proposal in concept and authorize the Administration
to take such steps as may be necessary to implement this project.
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On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was:
#216-93 RESOLVED, that the Council does hereby refer to the
Streets, Roads, and Plats Committee for further consideration the
subject of the proposed Beverly Park Playground project.
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
#217-93 RESOLVED, that having considered the report and
recommendation of the Streets, Roads, and Plats Committee, dated
March 22, 1993, the Council does hereby refer to the Mayor for
his report and recommendation the question of what contracting
options might the City have as to Parks and Recreation/D.P.S.
joint operators of golf courses, maintenance, etc.
At the request of the Petitioner and at the direction of the
Chair, Item #31 was removed from this Agenda and is to be considered on the
next Regular Agenda of April 7, 1993.
L McGee made the following disclosure respecting a conflict of interest on
this matter:
I have previously disclosed the existence of a conflict of
interest with respect to this matter, and I therefore will
abstain from any consideration of this agenda item. I refer to
my prior statement 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 relinquished the Chair to Senior Councilmember Ochala and left the
podium at 8:27 p.m.
On a motion by Jurcisin, seconded by Kavanagh, it was:
#218-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 3,
1993, and submitted pursuant to Council Resolution 1161-89 in
connection with a communication from the City Planning
Commission, dated February 16, 1989, which sets forth its
resolution 2-19-89, adopted on February 14, 1989, with regard to
Petition 88-11-1-35, submitted by Charles G. Tangora, requesting
a change of zoning on property located on the east side of
Immo Farmington Road, north of Plymouth Road in the Southwest 1/4 of
Section 27 from M-1 to C-2, and the Council having conducted a
public hearing with regard to this matter on May 1, 1989,
pursuant to Council Resolution 218-89, the Council does hereby
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reject the recommendation of the Planning Commission and Petition
88-11-1-35 is hereby approved and granted, based upon the
attached revised legal description; and the City Planner is
hereby instructed to cause the necessary map for publication to
be prepared indicating the zoning change herein approved and to
furnish the same to the Department of Law and, upon receipt of
such map, the Department of Law is requested to prepare an
ordinance amending Ordinance No. 543, as amended, in accordance
with this resolution.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, Jurcisin, and Ochala.
NAYS: Toy
Senior Councilmember Ochala declared the resolution adopted.
McGee returned to the podium at 8:30 p.m. , but did not resume the Chair.
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was:
#219-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 3,
1993, and submitted pursuant to Council Resolution 795-89 in
connection with a communication from the City Planning
Commission, dated June 5, 1989, which transmits its resolution
5-116-89, adopted on May 23, 1989, with regard to Petition
89-5-8-20, submitted by Amoco Oil Company, requesting site plan
approval in connection with a proposal to replace an existing
service station with a new self-serve pumper and canopies located
on the southwest corner of Farmington and Eight Mile Road in the
Northeast 1/4 of Section 4, pursuant to the provisions set forth
in Section 18.47 of Ordinance No. 543, as amended, and the
Council having conducted a public hearing with regard to this
matter on August 7, 1989, pursuant to Council Resolution 591-89,
the Council does hereby determine to take no further action.
Jurcisin took from the table, for second reading and adoption,
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)
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A roll call vote was taken on the foregoing Ordinance with the following
result:
Lir
AYES: Kavanagh, Toy, Jurcisin, McGee, and Ochala.
NAYS: None.
Senior Councilmember Ochala declared the foregoing Ordinance duly adopted,
and would become effective on publication.
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
#220-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 3,
1993, and submitted pursuant to Council Resolution 107-92 with
regard to a proposal to provide for a bid specification requiring
disclosure of total American content to be completed by bidders
on items to be purchased by the City of Livonia, the Council does
hereby refer this item to the Department of Law for the
preparation of an amendment to the Finance Ordinance which would
provide as follows:
a) The Council may reject any bid by reason of the American
manufactured content; or
b) Lack of sufficient American manufactured content may result
in rejection of any bid.
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was:
#221-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 3,
1993, with regard to the procurement of engineering services, the
Council does hereby request that the Department of Law prepare an
amendment to the Finance Ordinance, Section 3.04.140, which would
permit the purchase of items over the sum of $7,500 but less than
$15,000 by the taking of quotes and require the taking of
competitive bids with respect to items which exceed $15,000 in
total amount; FURTHER, that minor adjustments may be made in
contracts with the City with the approval of the Mayor and at the
discretion of the Department Head in an amount up to 107., but not
to exceed a total amount of $50,000
On a motion by Jurcisin, seconded by Toy, and unanimously
lowadopted, it was:
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#222-93 RESOLVED, that having considered departmental
correspondence from the Director of Public Works, dated March 8,
1993, to which is attached a proposed procedure which is intended
for use whenever professional engineering or architect services
are retained by the City and the cost of the contract exceeds
$15,000, the Council takes this means to approve the said
procedure and indicate that it should be implemented as a matter
of policy.
McGee resumed the Chair at 8:38 p.m.
Kavanagh gave first reading to the following Ordinance:
AN ORDINANCE ADDING SECTION 100 TO TITLE 5,
CHAPTER 66 (PEDDLERS, TRANSIENT MERCHANTS AND
SOLICITORS) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein. The above Ordinance was placed on the table for
consideration at the next regular meeting.
On a motion by Kavanagh, seconded by Jurcisin, and unanimously
adopted, it was:
#223-93 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 8, 1993,
the Department of Law is hereby requested to submit a report and
recommendation on a proposal to restrict solicitation from 9:00
a.m. to 1/2 hour after sunset.
On a motion by Kavanagh, seconded by Jurcisin, and unanimously
adopted, it was:
#224-93 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 8, 1993,
the Council does hereby request that the Department of Law submit
a report and recommendation on licensing procedures which
regulate solicitation in Livonia set forth in the Livonia Code of
Ordinances
On a motion by Kavanagh, seconded by Jurcisin, and unanimously
adopted, it was
#225-93 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 8, 1993,
and submitted pursuant to Council Resolution 833-92 with regard
to the proposed amendment of an ordinance to ban the use of
27542
beepers and pagers by persons under the age of 18, the Council
does hereby determine to take no further action, based upon the
recommendation of the Chief of Police in his letter to the City
Attorney of January 4, 1993.
On a motion by Kavanagh, seconded by Toy, and unanimously
adopted, it was:
#226-93 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 8, 1993,
and submitted pursuant to Council Resolution 909-92 in connection
with a request from Gary LaRocca, 9108 Deering, Livonia, Michigan
48150, with regard to noncompliance with applicable City
ordinance requirements of a residence located at 9095 Cardwell,
Livonia, Michigan, and wherein he proposes that the Livonia Code
of Ordinances be amended to provide ascending penalties for
Building Code and Zoning Ordinance violations, the Council does
hereby determine to take no further action, based upon
information received in a letter from the 16th District Court,
dated January 14, 1993, and a memo from the City Attorney, dated
January 15, 1993.
On a motion by Kavanagh, seconded by Jurcisin, it was:
#227-93 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated March 8, 1993,
with regard to the question of whether the City should establish
a procedure wherein the City would give preference to local
bidders (in lieu of low bidders), as well as review of the entire
bidding process, the Council does hereby refer this item to the
Department of Law for the preparation of an appropriate ordinance
amendment using the recommended language, as revised by the
Committee.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, Ochala, Jurcisin, and McGee.
NAYS: Toy.
The Vice President declared the resolution adopted.
On a motion by Ochala, seconded by Toy, and unanimously adopted,
it was:
#228-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 8,
1993, and submitted pursuant to Council Resolution 135-93 in
connection with a communication from the City Planning
Commission, dated February 4, 1993, which transmits its
resolution 1-17-93, adopted on January 26, 1993, with regard to
27543
Petition 92-12-2-55, submitted by T Rogvoy Associates, Inc. ,
requesting waiver use approval for a Class C liquor license for a
full service restaurant proposed to be located on the northeast
corner of Seven Mile and Haggerty Roads in the Southwest 1/4 of
Section 6, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning
Commission, and Petition 92-12-2-55 is hereby approved and
granted; FURTHER, the Council does hereby waive the 1,000 foot
separation requirement as set forth in Section 11.03(h) of Zoning
Ordinance 543.
Toy gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 18.50B OF ARTICLE XVIII
OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" (Petition 92-8-6-4)
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.
Jurcisin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 4 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 92-10-1-22)
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 VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition 92-11-3-4)
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.
27544
On a motion by Kavanagh, seconded by Jurcisin, and unanimously
adopted, it was:
#229-93 RESOLVED, that having considered a letter from the 1993
Walk for Children Chairperson of the Livonia Jaycees, dated March
8, 1993, with regard to the 22nd Annual Walk for Children to be
conducted on Saturday, May 22, 1993, from approximately 7 30 a.m.
to 5:00 p.m. , on the route shown on the attachment, the Council
does hereby authorize and approve the said Walk for Children,
including the use of the Eddie Edgar Ice Arena, the use of the
Showmobile and public safety assistance; FURTHER, the Council
does hereby refer to the Finance and Insurance Committee the
request for a waiver of fees with respect to the Parks and
Recreation Showmobile, the use of the Eddie Edgar Ice Arena and
with regard to providing public safety assistance by the use of
Police Reserves.
On a motion by Toy, seconded by Jurcisin, it was
#230-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
24, 1993, approved by the Finance Director, and approved for
submission by the Mayor, the Council does hereby accept the unit
price bid of Siteworks Construction Company, 552 Rambow, P.O. Box
1437, Monroe, Michigan 48161, for completing all work required in
connection with the City's 1993 Street Tree Planting Program, for
the estimated total cost of $24,990, based upon the Department of
Public Works' 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;
and the Director of Public Works is hereby authorized to approve
minor adjustments in the work as it becomes necessary, so long as
the total cost of such adjustments do not exceed 10% of the bid
price accepted herein; 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.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Ochala, Toy, Jurcisin, and McGee.
NAYS: Kavanagh.
The Vice President declared the resolution adopted.
27545
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
lir adopted, it was:
#231-93 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 10, 1993,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby authorize
the purchase from Campus Ford, Inc. , 1830 W. Grand River, Okemos,
Michigan 48864, of two 1993 Patrol four-door sedans, per Michigan
Spec 1/3905-0010 (Ford Crown Victorias), for a total price of
$27,217, the same to be appropriated and expended from Account
No. 401-000-985-000; 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, 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 Ochala, seconded by Kavanagh, and unanimously
adopted, it was:
#232-93 RESOLVED, that the Council does hereby request that the
Chief of Police submit a report and recommendation with regard to
a proposal to establish a plan and timetable for retiring
take-home Police vehicles, such report to be submitted within 30
days of March 24, 1993.
On a motion by Kavanagh, seconded by Ochala, it was:
RESOLVED, that the Council does hereby take this means
to declare as a matter of policy that any time vehicles are to be
purchased for use by the Police Department, a like number of
vehicles should be retired at the same time.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh and Ochala.
NAYS: Toy, Jurcisin, and McGee.
The Vice President declared the resolution denied.
On a motion by Kavanagh, seconded by Jurcisin, it was:
#233-93 RESOLVED, that having considered the report and
recommendation of the Mayor, dated March 4, 1993, to which is
attached a report from the Chief of Police, dated February 8,
1993, approved for submission by the City Attorney, Finance
Director and the Mayor, and a report from the Director of
Finance, dated March 4, 1993, approved by the Mayor, with regard
27546
to transporting and lodging of prisoners, the Council does hereby
request that the Finance Director do all things necessary to take
competitive bids for transportation and lodging of prisoners in
accordance with the specifications and requirements attached to
the report and recommendation from the Chief of Police, dated
February 8, 1993, as well as in accordance with provisions of law
and City ordinance.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, Ochala, Toy, and Jurcisin.
NAYS: McGee.
The Vice President declared the resolution adopted.
A communication from the Office of the Mayor, dated March 22,
1993, re: agreements with Isabella County regarding housing of prisoners
was received and placed on file for the information of the Council. (CR
961-92 and CR 962-92)
On a motion by Kavanagh, seconded by Toy, and unanimously
adopted, it was:
#234-93 RESOLVED, that having considered a communication from
the Director of Finance, dated March 2, 1993, approved by the
Mayor, which submits information with regard to City bond issues
for the years 1992 and 1993, the Council does hereby refer this
subject to the Finance and Insurance Committee for its report and
recommendation.
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was:
#235-93 RESOLVED, that the Council does hereby request that the
Finance Director submit all pertinent information with regard to
City bond issues for the years 1990 and 1991.
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
#236-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 18, 1993, which sets
forth its resolution 1-11-93 adopted on January 12, 1993, with
regard to Petition 92-11-2-49 submitted by Total Petroleum, Inc.
requesting waiver use approval to construct and operate a
27547
gasoline/convenience station on the southeast corner of Wayne
Road and Ann Arbor Trail in the Southwest 1/4 of Section 33,
which property is zoned C-2, and the Council having conducted a
public hearing with regard to this matter on March 15, 1993,
pursuant to Council Resolution 40-93, 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:
#237-93 RESOLVED, that having considered a communication dated
March 8, 1993, from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly
described as:
Grant of Easement dated February 23, 1993, executed by
Angelo Constantine, President, ACO Development Inc. , a
Michigan corporation, to the City of Livonia, for:
The North 6 feet of the following parcel of land:
Lot 23, Cane Woods Subdivision as recorded in Liber 105,
Page 48 and 49, Wayne County Records, said subdivision being
a part of the S W. 1/4 of Section 4, T. 1 S , R. 9 E. , City
of Livonia, Wayne County, Michigan. (Sidwell
#015-04-0023-000)
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Grant of Easement and the City
Clerk is hereby requested to have the same recorded in the Office
of the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution.
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was:
#238-93 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
March 9, 1993, approved by the Finance Director and approved for
submission by the Mayor, the Council does, for and on behalf of
the City of Livonia, accept a cash donation of $250 from the
Livonia Rotary Charitable Foundation 12-91 to the Livonia Youth
Assistance Program, the said sum to be deposited in and credited
to Account No. 702-000-285-215 for activities of the Livonia
Youth Assistance Program.
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was:
27548
#239-93 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
March 10, 1993, approved by the Finance Director and approved for
submission by the Mayor, the Council does, for and on behalf of
the City of Livonia, accept cash donations totalling $1,405 from
the sources listed in the aforesaid communication, the same to be
deposited in and credited to Account No. 702-000-285-216 for use
in the Senior Citizen Programs.
No one wished to speak during the audience communication portion
at the end of the meeting.
On a motion by Toy, seconded by Ochala, and unanimously adopted,
this 1,245th Regular Meeting of the Council of the City of Livonia was
adjourned at 9:24 p.m. , March 24, 1993.
" Mie067.1
McCotter, City Clerk
im.
Ifts