HomeMy WebLinkAboutCOUNCIL MINUTES 1991-04-17 26412
MINUTES OF THE ONE THOUSAND ONE HUNDRED AND NINETY-NINTH
REGULARICKgr1NG OF THE COUNCIL OF THE CITY OF LIVONIA
On April 17, 1991, 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 03 P.M. Councilman Jurcisin delivered the invocation.
Roll was called with the following result: Present: Dale Jurcisin, Ron
Ochala, Fernon P. Feenstra, Laura Toy, Robert R. Bishop, Gerald Taylor and Joan
McCotter Absent: None
Elected and appointed officials present: Robert F. Nash, City Clerk;
Harry Tatigian, City Attorney; Raul Galindo, City Engineer; John Nagy, Planning
Director; Karen A Szymula, Director or Legislative Affairs; Suzanne Wisler,
Director of Community Resources; Lee B Grieve, Chief of Police and David N Preston,
Director of Finance.
On a motion by Councilman Bishop, seconded by Councilman Feenstra, and
unanimously adopted*, it was
#301-91 RESOLVED, that the minutes of the 1,198th Regular
Meeting of the Council of the City of Livonia, held April 3,
1991 are hereby approved.
*Councilmen Jurcisin and Ochala abstained from voting which is recorded as a
"yes" vote under the provisions of Section 2.04. 190B of the Livonia Code of
Ordinances
#302-91 On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
RESOLVED, that the Council does hereby amend and revise Council
Resolution 297-91 adopted on April 3, 1991 with regard to the
proposed sign plans submitted in behalf of JTL, Inc , the tenant
L of Fox Creek Clubhouse Restaurant, so as to delete from the said
resolution condition No. 2; FURTHER, the Council does hereby refer
to the Committee of the Whole for its report and recommendation
the subject of the proposed signage on the Clubhouse building.
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A communication from the Director of Finance, dated March 27, 1991 forward-
ing various financial statements of the City of Livonia for the month ending February
28, 1991 was received and placed on file for the information of the Council.
On a motion by Councilman Feenstra, seconded by Councilman Taylor, and
unanimously adopted, it was
#303-91 RESOLVED, that having considered the letter from St.
Andrew's Episcopal Church dated March 19, 1991, which requests
permission to place signs announcing the annual church garage
sale to be conducted on Friday and Saturday, April 19 and 20,
1991, which signs are 4' X 6' in size and which will be located
on the Northeast corner of Five Mile and Hubbard Roads and the
Northeast corner of Six Mile and Hubbard Roads, the Council does
hereby grant and approve this request in the manner and form
herein submitted
#304-91 RESOLVED, that having considered the communication
from the Historical Commission dated March 19, 1991, approved
by the Finance Director and approved for submission by the Mayor,
with regard to the Fourth Americana Craft Show to be conducted
at Greenmead on Saturday, August 24, 1991 and Sunday, August 25,
1991, the Council does hereby authorize the charging of a $35 00
fee for each craft booth space, as well as the waiver of the $1 00
transient merchants license fee in connection with this event
#305-91 RESOLVED, that having considered a letter from the
Treasurer of the Suburban West Business and Professional Women,
37083 Vargo, Livonia, Michigan 48152, dated March 21, 1991, which
indicates that it will be conducting a Bingo fundraiser at the
Livonia Spree on Thursday evening, June 27, 1991, the proceeds of
which will help to establish a scholarship fund to help educate
deserving members of the community, the Council does hereby take
this means to indicate that the Suburban West Business and Profes-
sional Women is recognized as a non-profit organization operating
in the community, the action herein being taken for the purpose of
affording the Suburban West Business and Professional Women an
opportunity to obtain a gaming license from the State of Michigan
in accordance with provisions of State Statute.
#306-91 RESOLVED, that having considered Petition 91-3-3-2,
submitted by George Zammit, 19349 Fitzgerald, Livonia, Michigan,
dated March 28, 1991, wherein a request is submitted for the
vacating of Haldane, adjacent to his property, the Council does
hereby refer this item to the City Planning Commission for action
and recommendation in accordance with law and City Ordinance
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#307-91 RESOLVED, that having considered a letter from Kathleen
A. Fitzgerald, 9917 Cranston, Livonia, Michigan 48150, dated
March 26, 1991, requesting permission to close Cranston between
Elmira and Orangelawn on Monday, May 27, 1991, from 12 noon until
8:00 p.m. for the purpose of conducting an annual Memorial Day
Block Party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the
approval of the Police Department.
#308-91 RESOLVED, that having considered a letter from Peter M.
Canilao, 26070 Dover, Redford, Michigan 48239, dated March 28,
1991, wherein it is requested that the City of Livonia convey
Lot 36 of Horton's Newburgh Subdivision to Mr. Canilao upon pay-
ment of delinquent taxes, interests, penalties and costs, the
Council does hereby refer this item to the Department of Law for
its report and recommendation.
#309-91 WHEREAS, there exists in and for the City of Livonia
(the "City"), an imperative need to acquire and construct fire
station improvements in the City, together with all site improve-
ments, equipment, furnishings and appurtenances and attachments
therefor hereinafter in the attached Contract of Lease (the
"Contract") more particularly set forth (the "Improvements"); and
WHEREAS, this City Council has determined, and does hereby
reaffirm, that it is necessary for the public health, safety
and welfare of the City to acquire the Improvements for the use
of the City; and
WHEREAS, Act 31, Public Acts of Michigan, 1948 (First Extra
Session), as amended, provides through the procedures of building
authority financing a means for the acquisition, construction and
financing of the Improvements; and
WHEREAS, the City, in accordance with the provisions of said
Act 31, as amended, has previously adopted Articles of Incorpor-
ation and has established the Municipal Building Authority of
Livonia (the "Authority"), with full powers to acquire, construct
and equip the Improvements; and
WHEREAS, this City Council determines it to be in the best inter-
est of the City to acquire, construct and finance the Improvements
through the Authority in accordance with the provisions of said
Act 31, as amended; and
WHEREAS, a Contract between the City and the Authority providing
for the acquisition, construction, equipping and financing of the
Improvements and such matters as are deemed necessary thereto
lw. has been prepared.
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NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council hereby determines it to be necessary for
the public health, safety and welfare of the City to
acquire and construct the Improvements as set forth in
the Contract attached to this resolution for the use of
the City.
2. This City Council deems it to be in the best interest of
the City to finance the cost of the Improvements through
the Authority in accordance with the provisions of the
aforesaid Act 31, as amended.
3. This City Council hereby approves the Contract for the
acquisition, construction and financing of the Improve-
ments, as hereto attached.
4. The Mayor and City Clerk of the City are authorized to
execute immediately and deliver to the Authority the
Contract approved by this resolution. The Contract shall
become effective upon the expiration of forty-five (45)
days following the date of publication of the Notice of
Intent to enter into Tax Supported Contract of Lease,
unless, under the provisions of Section 8(b) of said
Act 31, as amended, the effectiveness of the Contract is
stayed by reason of the filing of a petition for referendum
thereon and the resultant necessity of prior approval there-
of by the qualified electors of the City
5. The City Council does hereby ratify and confirm its
covenant in the aforesaid Contract to levy ad valorem
taxes against all taxable property in the City to the
extent necessary to meet the obligations of the City
thereunder in the event revenues from other sources,
incliding the operation of the Improvements, are insuf-
ficient for any reason whatsoever. Any such taxes levied
to pay the Cash Rental under said Contract shall be limited
as to rate or amount in the manner provided by law.
6. Ail resolutions and parts of resolutions insofar as the
same conflict with the provisions of this resolution be
and the same hereby are rescinded
#310-91 WHEREAS, there exists in and for the City of Livonia,
(the "City"), an imperative need to acquire, construct, furnish
and equip additions, improvements and renovations to the City's
existing Court Facilities, together with all appurtenances and
attachments therfor as hereinafter in the attached Contract of
Lease (the "Contract") more particularly set forth (the
"Improvements"); and
WHEREAS, this City Council has determined, and does hereby
reaffirm, that it is necessary for the public health, safety
and welfare of the City to acquire the Improvements for the
use of the City; and
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WHEREAS, Act 31, Public Acts of Michigan, 1948 (First Extra
Session), as amended, provides through the procedures of
building authority financing a means for the acquisition,
construction and financing of the Improvements; and
WHEREAS, the City, in accordance with the provisions of
said Act 31, as amended, has previously adopted Articles
of Incorporation and has established the Municipal Building
Authority of Livonia (the "Authority"), with full powers to
acquire, construct and equip the Improvements; and
WHEREAS, this City Council determines it to be in the best
interest of the City to acquire, construct and finance the
Improvements through the Authority in accordance with the
provisions of said Act 31, as amended; and
WHEREAS, a Contract between the City and the Authority
providing for the acquisition, construction, equipping and
financing of the Improvements and such matters as are
deemed necessary thereto has been prepared.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council hereby determines it to be necessary
for the public health, safety and welfare of the City
to acquire and construct the Improvements as set forth
in the Contract attached to this resolution for the use
of the City
2 This City Council deems it to be in the best interest
of the City to finance the cost of the Improvements
through the Authority in accordance with the provisions
of the aforesaid Act 31, as amended.
3. This City Council hereby approves the Ccnzrzct for the
acquisition, construction and financing cf the Improve-
ments, as hereto attached.
4 The Mayor and City Clerk of the City are authorized to
execute immediately and deliver to the Authority the
Contract approved by this resolution. The Contract shall
become effective upon the expiration of forty-five (45)
days following the date of publication of the Notice of
Intent to enter into Tax Supported Contract of Lease,
unless, under the provisions of Section 8(b) of said
Act 31, as amended, the effectiveness of the Contract is
stayed by reason of the filing of a petition for referen-
dum thereon and the resultant necessity of prior approval
thereof by the qualified electors of the City.
16. 5 The City Council does hereby ratify and confirm its
covenant in the aforesaid Contract to levy ad valorem
taxes against all taxable property in the City to the
extent necessary to meet the obligations of the City
_ _
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thereunder in the event revenues from other sources are
insufficient for any reason whatsoever. Any such taxes
levied to pay the Cash Rental under said Contract shall
be limited as to rate or amount in the manner provided
by law.
6. All resolutions and parts of resolutions insofar as the
same conflict with the provisions of this resolution be
and the same hereby are rescinded.
#311-91 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated March 27, 1991,
which bears the signature of the Finance Director and is
approved for submission by the Mayor, the Council does hereby
authorize the purchase from Mike Savoie Chevrolet, P.O. Box
520, Troy, MI 48099-0520 of a marked Police vehicle for a
total price of $14,817. 12, the same to be appropriated and
expended from insurance proceeds which will be utilized to
fund this purchase; FURTHER, the Council does hereby determine
to authorize the said purchase without competitive bidding
inasmuch as the same is based upon the low Cooperative Purchasing
Program of Oakland County 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.
#312-91 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated March 28, 1991,
which bears the signature of the Finance Director and is
approved for submission by the Mayor, the Council does hereby
authorize the purchase from Mike Savoie Chevrolet, P.O Box
520, Troy, MI 48099-0520 of one unmarked Police vehicle for a
total price of $14,220.16; FURTHER, the Council does hereby
authorize the purchase of a second unmarked Police vehicle from
Red Holman Pontiac-GMC, 35300 Ford Road, Westland, MI 48185
for a total price of $13,923.20, the foregoing sums to be
appropriated and expended from the Capitol Projects Fund;
FURTHER, the Council does hereby determine to authorize the
said purchases without competitive bidding inasmuch as the
same are based upon the low Oakland County Cooperative Pur-
chasing Program 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.
#313-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated April 2,
1991, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the
bid of Mulville & Sons, Inc , 1545 E. Nine Mile Road, Ferndale,
ther Michigan 48220, for providing the Public Service Division
(Building Maintenance Section) with window cleaning service
for the Livonia Municipal Administrative Building at a cost of
$1,650.00 per cleaning, and the Civic Center Library at a cost of
$3,250 00 per cleaning, the same having been in fact the lowest
bid received and meets all specifications
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#314-91 RESOLVED, that having considered a communication from
the Water and Sewer Board dated March 27, 1991, approved by the
Director of Finance and approved for submission by the Mayor,
and which transmits its resolution WS 2919 3/91, the Council
does hereby accept the bid of Jack Doheny Supplies, Inc. , 777
Doheny Court, P.O. Box 609, Northville, Michigan 48167, for
supplying the Public Service Division (Sewer Maintenance Section)
with one (1) high-pressure combination jet rodding machine and
catch basin cleaner for a total price of $191,925.00, the same
having been in fact the lowest bid received which meets specifi-
cations.
#315-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated April 2,
1991, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby authorize a
one-year extension to the Contract between the City of Livonia
and Allied Communications, 21125 Northwestern Highway, South-
field, Michigan 48075-5000, for maintaining the City of Livonia
telephone system on the basis of the same monthly rate that was
previously authorized in the amount of $1,531.35, for the period
June 1, 1991 through May 31, 1992; FURTHER, the Council does
hereby authorize the said item without competitive bidding in
accordance with the provisions set forth in Section 3.04 140D5
of the Livonia Code of Ordinances, as amended
#316-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated April 2,
1991, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby authorize a
one-year extension to the Agreement between the City of Livonia
and Allied Communications, 21125 Northwestern Highway, Southfield,
Michigan 48075-5000 for maintaining the 911 equipment for the
period June 1, 1991 through May 31, 1992, on the basis of the
same terms and conditions which are set forth in the contract
extension which was authorized in Council Resolution 542-90
adopted on June 13, 1990; FURTHER, the Council does hereby
authorize the said item without competitive bidding in accordance
with the provisions set forth in Section 3 04 140D5 of the Livonia
Code of Ordinances, as amended.
#317-91 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Inspection
dated March 21, 1991, 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 Pritula & Sons Excavat-
ing, 28355 Beverly Road, Romulus, MI 48174, for the 1991 Weed
Cutting Program for the estimated total cost of $59,800.00, 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 authorize an
advance in the contract amount from the Municipal Refuse Fund
26419
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 collect-
ed; and the Director of Inspection is hereby authorized to approve
minor adjustments as may be required to complete the contract; and
the Mayor and City Clerk are hereby authorized to execute a
contract for and on behalf of the City of Livonia with the afore-
said bidder and to do all other things necessary or incidental to
the full performance of this resolution.
#318-91 RESOLVED, that having considered the report and recom-
mendation of the City Engineer, dated March 22, 1991, approved for
submission by the Mayor, the Council does hereby authorize the
release to Regency Circle Associates, Mr Richard M. Lewiston, 21790
Coolidge Highway, Oak Park, MI 48237, the proprietor of the Regency
Circle Subdivision, located in the Southwest 1/4 of Section 31, of
the financial assurances previously deposited with respect to the
general improvements in the amount of $2,000.00 cash, and soil
erosion in the amount of $2,000.00 cash, pursuant to Council
Resolution 57-88, and subsequently amended in Council Resolutions
738-88 and 881-89; further, all other financial assurances now on
deposit with the City, if any, with respect to this subdivision
shall remain the same and unchanged; and the action herein being
taken is for the reasons indicated in the aforementioned report of
the City Engineer that all these improvements have been satisfac-
torily installed in accordance with the rules and regulations and
ordinances of the City of Livonia.
#319-91 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 25, 1991,
approved by submission by the Mayor, the Council does hereby
authorize the release to RD Development Associates, Mr Richard
M. Lewiston, 21790 Coolidge Highway, Oak Park, MI 48237,
proprietor of Regency Circle Subdivision, located in the Southwest
1/4 of Section 31, of the financial assurances previously
deposited with respect to the general improvements in the amount
of $6,500.00 ($3,000 00 minimum cash), sidewalk improvements in
the amount of $6,000.00 ($2,000 00 minimum cash), soil erosion
in the amount of $2,000 00 cash, and monument-marker improvements
in the amount of $850 00 cash pursuant to Council Resolution
884-88, and subsequently amended in Council Resolutions 258-89
and 880-89; further, all other financial assurances now on deposit
with the City, if any, with respect to this subdivision shall
remain the same and unchanged; and the action herein being taken
is for the reasons indicated in the aforementioned report of the
City Engineer that all these improvements have been satisfactorily
installed in accordance with the rules and regulations and ordin-
ances of the City of Livonia.
imm
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Ilm #320-91 RESOLVED, that having considered the report and
recommendation of the City Engineer, Director of Building Inspec-
tion and the Director of Public Works dated March 20, 1991, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby authorize retain-
ing the services of Canton Analytical Laboratory, Inc. , 153 Elder
Street, Ypsilanti, Michigan 48197, for the purpose of supplying
the City with sampling and analysis services at the City's
landfill site for an additional twelve (12) month period for
the price of $1,785.00, the same to be appropriated and expended
from the Unexpended Fund Balance Account of the Municipal Refuse
Fund; FURTHER, the Council does hereby authorize the said item
without competitive bidding in accordance with the provisions set
forth in Section 3.04.140D2 of the Livonia Code of Ordinances, as
amended.
#321-91 RESOLVED, that having considered the report and
recommendation of the City Engineer and the City Treasurer dated
March 28, 1991, approved for submission by the Mayor, the Council
does hereby determine as follows:
a. To amend Council Resolution 196-91 so as to amend and
modify paragraphs 1 and 2 thereof as follows:
L (1) The City Council does hereby determine that the
assessments set forth in said Special Assessment
Roll dated December 6, 1990 (and as modified by
the City Council at its Regular Meeting held
March 6, 1991, said modifications being reflected
in a roll dated March 7, 1991) in the amount of
$120,610.00, are fair and equitable and based upon
benefits to be derived by construction of improve-
ments proposed in said district in accordance with
the plans of the City Engineer and resolutions of
the City Council:
(2) Said Special Assessment Rol= Nc. 355 is hereby
approved and confirmed in all respects, effective
March 21, 1991; and
b To amend Council Resolution 197-91 by amending and
modifying paragraph 2 thereof as follows:
(2) Said Assessment Roll No. 356 is hereby approved
and confirmed in all respects effective March 21,
1991
The balance of Council Resolutions 196-91 and 197-91, except as
amended and modified herein, shall remain in full force and
effect.
#322-91 RESOLVED, that having considered a communication from
the City Planning Commission dated April 2, 1991 which transmits
its resolution 3-56-91 with regard to a sign permit application
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submitted by City Sign Co. , Inc. , requesting approval to erect
a wall sign on a building located at 33050 Five Mile Road, the
Council does hereby concur in the recommendation of the Planning
Commission and approve the said sign permit application, subject
to compliance with the same conditions set forth in the aforesaid
action of the Planning Commission.
#323-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 2, 1991, which transmits
its resolution 3-55-91 adopted on March 19, 1991, with regard to
Petition 91-3-8-3 submitted by Kamp-DiComo Associates, requesting
site plan approval in connection with a proposal to construct 20
unit senior clergy village on the west side of Levan between
Schoolcraft and Five Mile in Section 20, pursuant to the provi-
sions set forth in Section 29 02 of Ordinance No 543, as amended,
the Council does hereby concur in the recommendation of the Plan-
ning Commision and Petition 91-3-8-3 is hereby approved and
granted, such approval to be based upon the same conditions as
those set forth in the aforesaid recommendation of the Planning
Commission.
#324-91 RESOLVED, that having considered a memorandum from the
Council President dated March 28, 1991, the Council does hereby
amend and revise Council Resolution 141-91 adopted on February 20,
1991 in the following manner:
imp 1 Line 6 of the resolution reads "corner of Clarita and
Melville Avenues . . ," and it should read "corner of
Clarita and Melvin Avenues . ";
2 The last two lines read, "property should be rezoned
from RUF to the R-2 zoning classification," and they
should read, "property should be rezoned from R-7 to
the R-2 zoning classification."
#325-91 WHEREAS, the Community Development Block Grant (CDBG)
program has provided needed financial assistance to numerous
projects in the past and;
WHEREAS, CDBG program is the last remaining flexible federal
tool with which the City can address the concerns of the poor,
the hungry, the needy and the homeless of our community and;
WHEREAS, President Bush has proposed transferring the CDBG
program to the states respectively and;
WHEREAS, such a transfer is not in the best interests of the
program nor of this City;
THEREFORE, BE IT HEREBY RESOLVED, that the Mayor and City
Council of the City of Livonia hereby formally request that our
congressional representatives take whatever action they deem
appropriate to prevent the transfer of the local portion of the
CDBF program from the federal government to the state government
and;
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That Congressmen Carl Pursell and William Ford join the many other
congressmen who have co-signed the letter to Rep. Bob Traxler,
Chairman of the House Appropriations Subcommittee or V.A. , HUD and
Independent Agencies and Rep. Bill Green, ranking minority member
of that committee, in opposition to the Administrations plans.
That the City Clerk is hereby directed to forward a certified
copy of this resolution to Reps. Pursell and Ford, Senator Don
Riegle and Senator Carl Levin.
#326-91 RESOLVED, that having considered a communication from
the Department of Law, dated March 28, 1991, approved by the City
Engineer and Finance Director and approved for submission by the
Mayor, the Council does hereby authorize the Department of Law to
acquire a sewer easement located at 35360 Six Mile Road, owned by
Ronald M England and Margaret D. England, which land is more
particularly described as follows:
The South 20 feet of the following described parcel
Part of the Southwest 1/4 of Section 9, T 1 S , R 9 E. ,
City of Livonia, Wayne County, Michigan, beginning East
187.50 feet from the Southwest corner of Section 9; thence
East 180 feet; thence North 474 feet; thence West 180 feet;
thence South 474 feet to the point of beginning; except the
South 60 feet thereof (Tax Parcel 035-99-0002-001)
subject to the following conditions
(1) that the purchase price shall be in the sum of $1000;
(2) that the City of Livonia shall pay for the cost of
title work in the sum of $150;
(3) that the City's portion of the prorated City, County,
County Drain, School and Community College taxes
shall be in a sum not to exceed $100
BE IT FURTHER RESOLVED, that a sum not to exceed $1250. is hereby
authorized to be expended from Unexpended Fund Balance of this
Sewer Fund, pursuant to Council Resolution 179-90, for the acqui-
sition of said sewer easement; and the City Clerk is hereby
requested to do all things necessary or incidental to the full
performance of this resolution.
#327-91 WHEREAS, pursuant to the direction of the City Council
in its resolution 241-91, adopted on March 20, 1991, 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 March 25, 1991, an assessment roll dated March 14, 1991 for a
proposed street improvement consisting of a 28 foot wide asphalt
pavement with mountable asphalt curbs (Alternate III) on Sunset
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(Seven Mile to Clarita) and Clarita (Bainbridge to Sunset) in the
Northwest 1/4 of Section 11 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 241-91;
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 22, 1991, at 7:30 P M to review the said special
assessment roll at which time and place opportunity will be given
to all interested persons to be heard;
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least
once in the official newspaper of the City of Livonia which
is published and circulated generally in and throughout the said
City, at least ten (10) days prior to the aforesaid date of
May 22, 1991; 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
#328-91 RESOLVED, that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan of
1921, as amended, the City Zoning Act (MSA 5 2934; MCLA
125.584), as well as Article XXIII of Ordinance 543, as amended,
the Zoning Ordinance of the City of Livonia, the Council does
hereby determine that a public hearing will take place before
the City Council of the City of Livonia on Wednesday, May 22,
1991, at 7:30 P M at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item:
Petition 91-2-1-6, submitted by Rotondo Brothers for
Vera Carroll for a change of zoning on property located
on the southwest corner of Seven Mile and Wayne Roads
in the Northeast 1/4 of Section 8, from R-4B to R-3, the
City Planning Commission in its resolution 3-46-90 having
recommended to the City Council that Petition 91-2-1-6 be
approved with the addition of the suffix B to the proposed
R-3 zoning district;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature of
the proposed amendment to the Zoning Ordinance, and/or (b)
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location of the proposed change of zoning as set forth above,
first to be published in the official newspaper of the City or
a newspaper of general circulation in the City of Livonia as
well as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by registered mail to
each public utility company and to each railroad company owning
or operating any public utility or railroad within the districts
or zones affected; and further, the City Clerk is requested to do
all other things necessary or incidental to the full performance
of this resolution.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Jurcisin, Ochala, Feenstra, Toy, Bishop, Taylor and McCotter.
NAYS None.
Councilwoman Toy took from the table, for second reading and adoption, 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 90-11-1-30)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Jurcisin, Ochala, Feenstra, Toy, Bishop, Taylor and McCotter.
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would become effective
on publication.
Councilman Taylor took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTION 20 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 90-11-1-33)
L
26425
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Jurcisin, Ochala, Feenstra, Toy, Bishop, Taylor and McCotter.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become effective
on publication.
On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and
unanimously adopted, it was
#329-91 RESOLVED, that having considered the report and recom-
mendation of the Director of Finance dated March 27, 1991,
approved for submission by the Mayor, and having also considered
a letter from the Finance Director dated April 15, 1991, approved
for submission by the Mayor, the Council does hereby reject all
bids received for the printing of envelopes for the reasons indi-
cated in the aforesaid recommendation, and does further authorize
the Finance Department to prepare specifications and thereafter
take new bids with respect to this item in accordance with the
provisions of Law and City Ordinance
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and
unanimously adopted, it was
#330-91 RESOLVED, that having considered a report and recom-
mendation from the Director of Finance dated April 2, 1991,
approved for submission by the Mayor, as well as the report
and recommendation from the City Treasurer dated April 4, 1991,
with respect to a request submitted by Schoolcraft College for
the City of Livonia to collect 100% of the College's 1;31
property taxes in the summer tax collection period, the Council
does determine to take NO FURTHER ACTION in view of the withdrawal
of this request by Schoolcraft College in a letter dated April 9,
1991.
On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and
unanimously adopted, it was
#331-91 RESOLVED, that having considered the report and recom-
mendation of the City Engineer dated April 2, 1991, which bears
the signature of the Finance Director and is approved for submis-
sion by the Mayor, the Council does hereby accept the unit price
bid of Angelo D'Orazio Paving, 38272 Abruzzi, Westland, MI 48185
for the reconstruction of the existing pavement on Newburgh Road
between Joy Road and Ann Arbor Road to five lanes, as well as the
installation of approximately 3,200 L.F of sanitary sewer for the
estimated total cost of $1,069,076.25 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
26426
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 the sum of $977,076.25
from the $12 million General Obligation Road Improvement Bond issue
and $92,000 from the Unexpended Fund Balance of the Sewer Fund for
this project; 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 Councilman Taylor , seconded by Councilwoman Toy, and
unanimously adopted, it was
#332-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 2, 1991, which transmits
its resolution 3-51-90, adopted on March 19, 1991, with regard to
the proposed preliminary plat of Pine Cove Estates Subdivision
(formerly Oak-Villa Subdivision) to be located on the west side of
Inkster between Joy Road and West Chicago in the Southeast 1/4 of
Section 36, City of Livonia, Wayne County, Michigan, and the
preliminary plat having been approved by the City Planning Commis-
sion on March 19, 1991, the Council does hereby approve of the
said preliminary plat based upon the same conditions as those set
forth in the aforesaid Planning Commission action and subject to
the receipt of a report and recommendation by the City Engineer
relative to the development plans and specifications for the
improvements therein, and the financial assurances guaranteeing
the satisfactory installation of such improvements, as well as
compliance with the following additional conditions:
1) That the landscape plan for required greenbelts along
Inkster Road frontage shall also require the approval
of the City Council prior to the approval of the final
plat, and
2) That the plat for the required subdivision entrance
marker shall also require approval of the City Council
prior to approval of the final plat
On a motion by Councilwoman Toy, seconded by Councilman Bishop, and
unanimously adopted, it was
#333-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 3, 1991, which transmits
its resolution 3-47-91, adopted on March 19, 1991, with regard to
Petition 91-2-2-5, submitted by Tom Ruskiewicz for the Livonia
Jaycees requesting waiver use approval to hold their annual Spring
Carnival May 16, 1991 through May 27, 1991 at Ladbroke DRC located
at the southeast corner of Schoolcraft Service Drive and Middle-
belt Road in the Northwest 1/4 of Section 25, which property is
26427
C-2, the Council does hereby concur in the recommendation made by
the City Planning Commission and Petition 91-2-2-5 is hereby
approved and granted, such approval to be based upon the same
conditions as those set forth in the aforesaid recommendation of
the Planning Commission.
On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and
unanimously adopted, it was
#334-91 RESOLVED, that having considered a request from the
Livonia Jaycees, wherein it is requested that Transient Merchant
fees be waived in connection with a Crafts and Arts show to be
conducted at the Ladbroke DRC on May 18-19, 1991 and May 25-26,
1991, the Council does hereby concur in and approve this request
in the manner and form herein submitted and the City Clerk is
hereby requested to do all things necessary or incidental to
fulfill the purpose of this resolution
On a motion by Councilman Feenstra, seconded by Councilman Ochala,
it was
#335-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 3, 1991, which transmits
its resolution 3-50-91, adopted on March 19, 1991, with regard to
Petition 91-2-2-8, submitted by Linda Fillinger requesting waiver
use approval to utilize a portion of the garage of an existing
residence located at 20090 Milburn, south of Eight Mile Road
between Merriman and Purlingbrook in the Northwest 1/4 of Section
2 for a dog grooming service, which property is zoned RUF, the
Council does hereby reject the recommendation of the City Planning
Commission and Petition 91-2-2-8 is hereby denied for the
following reasons:
1. That the petitioner has failed to affirmatively show
that the proposed use is in compliance with all of the
general waiver use standards and requirements as set
forth in Section 19 06 of the Zoning Ordinance #543
2. That the proposed use is incompatible to and not in
harmony with the surrounding uses in the area.
3. That the proposed use is commercial in nature and as
such is contrary to the principles of land use planning
and zoning in that such use represents an encroachment
of a non-residential use into the interior of a
residential area
A roll call vote was taken on the foregoing resolution with the following result:
26428
lis AYES: Jurcisin, Ochala, Feenstra, Toy and Bishop.
NAYS: Taylor and McCotter.
The President declared the resolution adopted.
On a motion by Councilman Feenstra, seconded by Councilman Taylor,
it was
#336-91 RESOLVED, that having considered a communication from
the Department of Law, dated March 20, 1991 approved by the
Finance Director and approved for submission by the Mayor, with
respect to the sale of property located at 30330 - 30340 Six Mile
the legal description of which is
The West 1/2 of that part of the Southeast 1/4
of Section 11, Town 1 South, Range 9 East,
City of Livonia, Wayne County, Michigan, described
as beginning at a point on the North and South 1/4
Section line distant North 0 degrees 07 minutes 22
seconds West 60 feet from the South 1/4 corner and
proceeding thence North 0 degrees 07 minutes 22
seconds West along said line 395 32 feet; thence
South 89 degrees 55 minutes 50 seconds West 113.87
feet; thence South 0 degrees 0 minutes 54 seconds
West 395.32 feet; thence North 89 degrees 58 minutes
03 seconds West along the North line of Six Mile Road
112 feet to the point of beginning (0 51 Acre) Bureau
of Taxation Parcel 11EE1a1;
AND
The East 1/2 of that part of the Southeast 1/4 of
Section 11, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, described as
beginning at a point on the North and South 1/4
Section line distant North 0 degrees 07 minutes
22 seconds West 60 feet from the South 1/4 corner
and proceeding thence North 0 degrees 07 minutes
22 seconds West along said line 395 39 feet; thence
South 89 degrees 55 minutes 50 seconds East 113 87
feet; thence South 0 degrees 0 minutes 54 seconds
West 395 32 feet; thence North 89 degrees 58 minutes
03 seconds West along the North line of Six Mile Road
112 feet to the point of beginning (0 51 Acre)
Bureau of Taxation Parcel 11EE1a2
lbw the Council does hereby authorize the sale of the property to
K R Evans from the City of Livonia for the price of $28,000
cash providing that such title work as may be required for
this transaction be the obligation of the purchaser; and this
action is being taken to best serve the interests of the
26429
Ibm community in accordance with 3 05 090(C) of the Livonia Code
of Ordinance, as amended; and the Mayor and City Clerk are
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 consum-
mate this tranasaction
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jurcisin, Ochala, Feenstra, Bishop, and Taylor.
NAYS: Toy and McCotter
The President declared the resolution adopted
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#337-91 RESOLVED, that the Council does hereby request that the
Engineering Department submit its report and recommendation with
regard to a water drainage problem which exists at the rear of
certain property located on Doris Lane north of Six Mile Road.
On a motion by Councilman Ochala, seconded by Councilman Jurcisin, and
unanimously adopted, it was
#338-91 RESOLVED, that having considered a communication dated
April 2, 1991, from the Department of Law transmitting for Council
acceptance eight Grants of Easement, more particularly described
as
i Grant of Easement dated March 5, 1991, executed by
Alberta B Pierce and Debra Pierce Taylor, to the City
of Livonia, for
The West 6 ft. of Lot 292, Bel-Aire Gardens Sub , N E
1/4 of Section 35, T 1S , R 9E , City of Livonia, Wayne
County, Michigan, except the South 6 ft. thereof, as
recorded in Liber 75, Page 48 of Plats, Wayne County
Records.
2 Grant of Easement dated March 20, 1991, executed by
Dennis A Weatherford and Mary J Weatherford, his wife,
to the City of Livonia, for
The West 6 ft of Lot 315, Cooperspoon Sub , No 4, S E
1/4 of Section 35, T 1S , R 9E , City of Civonis, Wayne
County, Michigan, except the South 6 ft thereof, also
26430
except the South 26 ft. of the East 4 ft of the West 6
ft. as recorded in Liber 80, Page 59 of Plats, Wayne
County Records
3. Grant of Easement dated February 20, 1991, executed by
William C. Wilson and Mary Wilson, his wife, to the City
of Livonia, for:
The North 6 ft. of Lot 525, Rosedale Meadows Sub. No. 2,
S.E. 1/4 of Section 34, T.1S. , R. 9E. , City of Livonia,
Wayne County, Michigan, except the West 12 ft. thereof,
also except the North 18 ft. of the South 30 ft. of the
East 4 ft. of the West 6 ft. as recorded in Liber 77,
Pages 40, 41 and 42 of Plats, Wayne County Records
4 Grant of Easement dated February 20, 1991, executed by
Stuart C. Harding and Patricia V. Harding, his wife, to
the City of Livonia, for
The West 6 ft. of Lot 27, Yale Homes Subdivision No 2,
N.E 1/4 of Section 32, T.1S , R 9E. , City of Livonia,
Wayne County, Michigan, except the South 6 ft thereof,
also except the South 27 ft. of the North 107 ft of the
East 3 ft of the West 6 ft as recorded in Liber 84,
Pages 7 and 8, Wayne County Records
lie
5. Grant of Easement dated February 6, 1991, executed by
Ronald G Nordstrom and Patricia M Nordstrom, his wife,
to the City of Livonia, for
The North 6 ft of Lot 279, Rosedale Meadows Sub. , S.E.
1/4 of Section 34, T 1S , R 9E , City of Livonia, Wayne
County, Michigan, except the West 9 ft thereof, also
except the East 29 ft of the West 38 ft of the South
5 ft of the North 6 ft as recorded in Liber 76, Pages
41, 42 and 43 of Plats, Wayne County Records
6 Grant of Easement dated January 31, 1991, executed by
Sing Woo and Mary P Woo, his wife, to the City of Livonia,
for:
The South 6 ft of Lot 136, Bel-Aire Gardens Subdivision,
N.E. 1/4 of Section 35, T 1S , R 9E , City of Livonia,
Wayne County, Michigan, except the East 6 ft. thereof, as
recorded in Liber 75, Page 48 of Plats, Wayne County
Records
7. Grant of Easement dated March 11, 1991, executed by
Richard T Thompson and Kathlyn A Thompson, husband
and wife, to the City of Livonia, for:
The West 6 ft of Lot 195, Blue Grass Farms Subdivision,
S.W 1/4 of Section 18, T 1S , R 9E , City of Livonia,
Wayne County, Michigan, except the North 12 ft thereof,
as recorded in Liber 89, Pages 38, 39 and 40 of Plats,
Wayne County Records
26431
8. Grant of Easement dated February 28, 1991, executed by
Gerald E. Meach and Susan Cheryl Whitfield Meach, also
known as Susan C Meach, husband and wife, to the City
of Livonia, for:
The East 6 ft. of Lot 196, Blue Grass Farms Subdivision,
as recorded in Liber 89, Pages 38, 39 and 40 W.C.R. and
said subdivision being a part of the S.W 1/4 of Section
18, T 1S. , R 9E. , City of Livonia, Wayne County, Michigan,
except the North 12 ft. thereof, also except the North
7 ft. of the South 67 ft. of the West 2 ft. of the East
6 ft. (Tax Parcel No 071-01-0196-000), as recorded in
Liber 89, Pages 38, 39 and 40 of Plats, Wayne County
Records.
the Council does hereby, for and in behalf of the City of Livonia,
accept the aforesaid Grants 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 inciden-
tal to fulfill the purpose of this resolution
On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and
unanimously adopted, it was
#339-91 RESOLVED, that having considered a communication from
the Director of Community Resources dated March 22, 1991, 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 for senior citizen programs in the amount of
$1,027 00, the same to be appropriated and credited to Account
702-000-285-216 for use in the senior citizen programs
On a motion by Councilman Bishop, seconded by Councilman Ochala, and
unanimously adopted, it was
##340-91 RESOLVED, that having considered a communication from
the Historical Commission dated March 18, 1991, 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 the
artifacts detailed in the aforesaid communication, donated to
Greenmead during 1990.
On a motion by Councilman Ochala, seconded by Councilman Feenstra, and
unanimously adopted, it was
#341-91 RESOLVED, that having considered a communication from
the Historical Commission dated March 28, 1991, 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 in the amount of $1,511 25 donated to Greenmead
during 1990, the same to be deposited and credited to Historical
Commission Trust Fund Account 723-000-690-200
26432
ImoOn a motion by Councilman Ochala, seconded by Councilwoman Toy, and
unanimously adopted, it was
#342-91 RESOLVED, that having considered a letter from the
Student Government President of Madonna University dated April 2,
1991, wherein it is indicated that the University Torch Run will
be conducted on May 4, 1991 prior to commencement exercises which
are to be conducted on that date for the Madonna University 1991
graduating class, the Council does hereby take this means to
indicate that it approves the route of the said Torch Run in
accordance with the attached race rules.
On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was
#343-91 RESOLVED, that having considered a communication from
the City Assessor, dated March 7, 1991, approved for submission
by the Mayor, with regard to a request from Mr John Mahn in
behalf of Mr. and Mrs. Dan Griffin, 34221 Orangelawn, 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. 46 129 0090 004 into two parcels, the
legal descriptions of which shall read as follows
Parcel 1 East 66.75 ft of West 267 ft of Lot 90 Supervisor's
Livonia Plat No 2 of S. 5/8 of the N.E 1/4 and E. 1/2 of the
N. 3/8 of the N E 1/4 of Section 33, T 1S , R.9E. , Livonia
Township, Wayne County, Michigan Rec'd in Liber 66 Page 1 of
Plats, Wayne County Records.
Parcel 2: East 66.75 ft of West 200.25 ft. of Lot 90 Supervisor's
Plat No 2 of S. 5/8 of the N E. 1/4 and E 1/2 of the N 3/8 of
the N.E. 1/4 of Section 33, T 1S. , R.9E , Livonia Township, Wayne
County Michigan Rec'd in Liter 66 Page 1 of Plats, Wayne County
Records
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference; and the City Clerk is hereby
requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds;
provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals, and subject to submission of an
executed temporary or permanent line relocation billing agree-
ment with the Detroit Edison Company to relocate overhead Detroit
Edison lines so as to permit construction of a new house
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Jurcisin, Feenstra, Toy, Bishop and Taylor.
NAYS: Ochala and McCotter.
26433
On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and
unanimously adopted, it was
#344-91 RESOLVED, that the Council does hereby suspend the rules
for procedure as outlined in Council Resolution 547-82 so as to
permit consideration of an item that does not appear on the
agenda.
On a motion by Councilman Bishop, seconded by Councilman Feenstra, and
unanimously adopted, it was
#345-91 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole dated April 15,
1991 and submitted pursuant to Council Resolution 314-90 with
regard to reports and recommendations from the Historical
Commission and the Director of Community Resources dated
March 14, 1990 and March 11, 1991, approved by the Finance
Director and approved for submission by the Mayor with regard
to architectural services for the stabilization work at the
farm complex at Greenmead, the Council does hereby authorize
Kirkarchitecture Inc. , 3200 David Stott Building, Detroit, MI
48226, to prepare measured drawings, bid and construction docu-
ments and perform construction observation for the stabilization
work at the Greenmead farm complex on an hourly rate basis for a
sum not to exceed $11,800 00, said sum to be appropriated and
authorized to be expended from the Historical Commission budget
for this purpose; FURTHER, the Council does hereby authorize
this item in accordance with Section 3 04 140D2 of the Livonia
Code of Ordinances, as amended; and the Council does hereby
authorize the Mayor and City Clerk for and on behalf of the
City of Livonia to execute the said contract as an addition to
the current agreement with Kirkarchitecture Inc , as well as to do
all other things necessary and incidental to the full performance
of this resolution
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unani-
mously adopted, this 1,199th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 32 P.M , April 17, 1991
....40;-4404ktif./Werale
Robert F. Nash, City Clerk