HomeMy WebLinkAboutCOUNCIL MINUTES 1991-01-16 26245
MINUTES OF THE ONE THOUSAND ONE HUNDRED AND NINETY SECOND REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On January 16, 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 01 P M Councilman Taylor delivered the invocation
Roll was called with the following result Present Laura Toy, Robert
R Bishop, Gerald Taylor, Dale Jurcisin, Ron Ochala, Fernon P Feenstra and Joan
McCotter, absent None
Elected and appointed officials present Robert F Nash, City Clerk,
Harry Tatigian, City Attorney, John Nagy, Planning Director, Raul Galindo, City
Engineer, David Preston, Director of Finance, Karen Szymula, Director of Legislative
Affairs, Ronald R Reinke, Superintendent of Parks and Recreation and James Inglis ,
Housing Director
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted*, it was
11-91 RESOLVED, that the minutes of the 1 ,191st Regular Meeting
of the Council of the City of Livonia, held December 19, 1990
are hereby approved.
*Council President McCotter abstained from voting which is recorded as
a "yes" vote under the provisions of Section 2.04.190B of the Livonia Code of
Ordinances.
A communication from the Mayor, dated December 4, 1990, forwarding the
Annual Report for the 1989-90 Fiscal Year was received and placed on file for the
information of the Council .
On a motion by Councilman Feenstra, seconded by Councilman Bishop,
it was
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A communication from the Secretary/Treasurer of the Madonna College
Boosters' Club, dated December 18, 1990 re the Homecoming Carnival to be held May
2, 1991 through May 5, 1991 was received and placed on file for the information
of the Council
#2-91 RESOLVED, that having considered the report and
recommendation of the Fire Chief dated December 11 , 1990, which
bears the signature of the Director of Finance and is approved
for submission by the Mayor, the Council does hereby accept
the bid of Allie Brothers, 20295 Middlebelt Road, Livonia,
Michigan 48152 for supplying the Division of Fire with 75 uniform
shirts and pants for a total price of $4,125 00, the same having
been in fact the lowest bid received and meets all
specifications
#3-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated December
11 , 1990, approved by the Director of Finance and approved
for submission by the Mayor, the Council does hereby accept
110 the unit price bid of Westland Tree Service, 41307 Five Mile
Road, Plymouth, Michigan 48170, for the 1991 Tree and Stump
Removal Program, for the estimated total cost of $21 ,000.00,
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, 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.
#4-91 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation
dated December 17, 1990, approved by the Finance Director and
approved for submission by the Mayor, the Council does hereby
accept the bid of Robertson Brothers Service, Inc. , 3190 Haggerty
Road, West Bloomfield, MI 48322, for the opening and closing
of the City's swimming pools for the 1991 season, for a total
price of $4,075.00, the same having been in fact the lowest
bid received and meets all specifications.
#5-91 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation
dated December 17, 1990, approved by the Finance Director and
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approved for submission by the Mayor, the Council does hereby
accept the bid of Robertson Brothers Service, Inc , 3190 Haggerty
Road, West Bloomfield, Michigan 48322, for remarcite of Clements
Circle Pool for the 1991 season for the total price of
$24,300 00, the same having been in fact the lowest bid received
and meets all specifications
#6-91 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation
dated December 17, 1990, approved by the Finance Director and
approved for submission by the Mayor, the Council does hereby
accept the bid of Town & Country Pools, Inc. , 3773 E Morgan,
Ypsilanti , Michigan 48197, for supplying the Parks and Recreation
Department with chlorine for the City' s pools for the 1991
season at the unit price of $ 90 per gallon in five gallon
carboys and a total estimated price of $9,000 00, the same
having been in fact the lowest bid received and meets all
specifications
#7-91 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation
dated December 17, 1990, approved by the Finance Director and
approved for submission by the Mayor, the Council does hereby
accept the bid of Robertson Brothers Service, Inc , 3190 Haggerty
lip Road, West Bloomfield, Michigan 48322, for the removal and
replacement of the pool heater for the Botsford Pool for a
total price of $9,700 00, the same having been in fact the
lowest bid received and meets all specifications.
#8-91 RESOLVED, that having considered a letter from the Friends
of Livonia Parks and Recreation dated December 26, 1990, wherein
permission is requested to conduct the third annual "Tee-It-Up
For Trees" outing to be held at Whispering Willows Golf Course
on Wednesday, June 12, 1991 , the purpose of which is to raise
funds for the benefit of all three City-owned golf courses,
and wherein Council approval is requested with respect to a
waiver of fees in connection with this activity, the Council
does hereby concur in and approve of such action.
#9-91 RESOLVED, that having considered a communication from
the Water and Sewer Board dated December 4, 1990, approved
by the Director of Finance and approved for submission by the
Mayor and which transmits its resolution WS 2889 5/90 wherein
it is requested that Section 13.08.350.A of the Livonia Code
of Ordinances be amended with respect to water bills overdue
on rental properties, the Council does hereby refer this item
to the Department of Law for the preparation of an appropriate
ordinance amendment for submission to City Council .
#10-91 RESOLVED, that having considered a communication from
the Water and Sewer Board dated December 4, 1990, approved
by the Director of Finance and approved for submission by the
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Mayor and which transmits its resolution WS 2895 7/90 wherein
it is requested that Section 13.08 070 of the Livonia Code
of Ordinances be amended with respect to water main debt rate,
the Council does hereby refer this item to the Department of
Law for the preparation of an appropriate ordinance amendment
for submission to City Council
#11-91 RESOLVED, that having considered a communication from
the Water and Sewer Board dated December 4, 1990, approved
by the Director of Finance and approved for submission by the
Mayor and which transmits its resolution WS 2896 7/90 wherein
it is requested that Section 13.20 070 of the Livonia Code
of Ordinances be amended with respect to connection rates for
buildings -- payment time and method, the Council does hereby
refer this item to the Department of Law for the preparation
of an appropriate ordinance amendment for submission to City
Council
#12-91 RESOLVED, that having considered a communication from
the Water and Sewer Board dated December 4, 1990, approved
by the Director of Finance and approved for submission by the
Mayor and which transmits its resolution WS 2894 7/90 wherein
it is requested that Section 13.20 090 and 13.20. 100 of the
Livonia Code of Ordinances be amended with respect to service
rates for commercial , multiple dwelling and industrial users,
the Council does hereby refer this item to the Department of
Law for the preparation of an appropriate ordinance amendment
for submission to City Council .
#13-91 RESOLVED, that having considered the report and
recommendation of the City Engineer dated December 6, 1990,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, and to which is attached a letter
from the Engineering Division of the Wayne County Department
of Public Services which notifies the City of Livonia that
a project is proposed for the resurfacing of Middlebelt Road
from Five Mile Road to Six Mile Road and the reconstruction
of the structure which carries Middlebelt Road over Bell Creek
for the 1991 construction season, the total cost for this project
being estimated at $726,000.00, with the City of Livonia
participation being estimated at $130,390.00, the Council takes
this means to indicate that it agrees to (1 ) City participation
in the project cost and (2) the City's intent to have the Mayor
and City Clerk execute a tri-party agreement with the State
and County at such time as the original agreement is received
from the County Executive; and the City Clerk is hereby requested
to forward a certified copy of this resolution to the Wayne
County Department of Public Services, Attention Division Design
Engineer.
114-91 RESOLVED, that having considered the report and
recommendation of the Planning Director dated December 18,
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1990, approved for submission by the Mayor and submitted pursuant
to Council Resolution 1074-90 with regard to the proposed
vacating of Parcel FF1 , which is located between Westmore and
Shadyside, north of Seven Mile Road in the Westmore Subdivision,
the Council does hereby determine to take no further action.
115-91 RESOLVED, that having considered a communication from
the City Engineer, dated December 7, 1990, approved for
submission by the Mayor, to which are attached lists of sidewalks
requiring installation, repair and/or replacement within
miscellaneous locations throughout the City of Livonia, said
list being included herein by reference, and for the reasons
stated, the Council does hereby require the respective owners
of lots and premises referred to in said list to install , repair,
or to remove and replace sidewalk at such premises, to carry
out the provisions of this resolution which is made pursuant
to Title 12, Section 340 of the Livonia Code of Ordinances,
as amended, FURTHER, said notice shall set forth that the
respective owners of lots and premises herein referred to shall
complete said sidewalk work no later than June 1 , 1991 , after
which date the Engineering Department shall arrange for the
construction and/or reconstruction of the said sidewalks,
FURTHER, the Council does hereby authorize the construction
and/or reconstruction of various sections of sidewalks and
crosswalks at several locations within the City inasmuch as
the same are the City' s responsibility, and FURTHER, the
Engineering Department is hereby authorized to finalize plans
and specifications and arrange for the taking of bids for the
1991 Sidewalk Program, which program will include all required
work which has not been completed by private property owners
by June 1 , 1991
A communication from the City Clerk, dated December 10, 1990 re Livonia
Public Schools 1991 Summer & Winter Tax Levy Rates was received and placed on file
for the information of the Council .
A communication from the City Clerk, dated January 2, 1991 re Oakland
Schools was received and placed on file for the information of the Council .
A communication from the Department of Law, dated December 17, 1990 re
Revision of Sublease Agreement for Fox Creek Clubhouse Restaurant was received
and placed on file for the information of the Council .
#16-91 RESOLVED, that having considered the report and
Lrecommendation of the City Clerk, dated November 22, 1990,
to which is attached a letter from The Observer & Eccentric
Newspapers dated December 28, 1990, the Council does hereby
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designate The Observer & Eccentric Newspapers, Inc. , Division
of Suburban Communications Corporation, 36251 Schoolcraft Road,
Livonia, Michigan 48150, as the official newspaper of the City
of Livonia, for the period January 1 , 1991 through December
31 , 1991 , further, the Council does hereby approve and authorize
the publishing of legal notices in The Observer & Eccentric
Newspaper, for the price of $6 30 per column inch, based on
the present 6 column format, effective January 1 , 1991.
117-91 WHEREAS, pursuant to the direction of the City Council
in its resolution 1106-90, adopted on December 5, 1990, 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 December 7 , 1990 an assessment roll dated December 7, 1990
for the road improvement consisting of a 27 foot wide concrete
pavement with integral curbs and gutters (Alternate I - modified)
on Sunset (Seven Mile to Clarita) and Clarita (Bainbridge to
Sunset) located in the Northwest 1/4 of Section 11 , City of
Livonia, Wayne County, Michigan, containing the special
assessments to be assessed and levied, respectively, in the
proposed special assessment district heretofore established
for the construction and operation of the proposed improvement
in said district as designated in Council Resolution 1106-90,
lipTHEREFORE, 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, February 27, 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 February 27, 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
1160. office.
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#18-91 WHEREAS, pursuant to the direction of the City Council
in its resolution 1097-90, adopted on December 5, 1990, 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 December 7, 1990 an assessment roll dated December 7, 1990
for the road improvement consisting of either a 28 foot wide
full-depth asphalt pavement with mountable curbs (Alternate
III ) or placement of approximately 4 inches of asphalt over
existing roadway (Alternate IV) on Floral and Lathers located
in the Southeast 1/4 of Section 12, City of Livonia, Wayne
County, Michigan, containing the special assessments to be
assessed and levied, respectively, in the proposed special
assessment district heretofore established for the construction
and operation of the proposed improvement in said district
as designated in Council Resolution 1097-90,
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
iwn 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, February 27, 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 February 27, 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.
#19-91 WHEREAS, pursuant to the direction of the City Council
in its resolution 1108-90, adopted on December 5, 1990, 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 December 7, 1990 an assessment roll dated December 7, 1990
L for the road improvement consisting of placement of approximately
4 inches of asphalt over existing roadway (Alternate IV) on
Hoy and Melvin located in the Northeast 1/4 of Section 23,
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City of Livonia, Wayne County, Michigan, containing the special
assessments to be assessed and levied, respectively, in the
proposed special assessment district heretofore established
for the construction and operation of the proposed improvement
in said district as designated in Council Resolution 1108-90,
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, February 27, 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 February 27, 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.
120-91 RESOLVED, that having considered a communication dated
December 18, 1990 from Ball & Cue which in accordance with
the provisions of Section 19.08 of Ordinance 543, as amended,
the Zoning Ordinance, takes an appeal from a determination
made on December 11 , 1990 by the City Planning Commission in
its resolution 12-507-90 with regard to Petition 90-10-2-33
submitted by Ball & Cue requesting permission to utilize a
tavern license in connection with an existing billiard room
as waiver use on property zoned C-2 and located on the north
side of Joy Road between Harrison and Thorpe in the Southeast
1/4 of Section 36, the Council does hereby designate Wednesday,
February 13, 1991 at 7:30 P.M. as the date and time for
conducting a public hearing with regard to this matter, such
hearing to be held at the City Hall , 33000 Civic Center Drive,
Livonia, Michigan; and the City Clerk is hereby requested to
do all things necessary in order to give proper notice in
writing, as well as by the publication of a notice in the City's
Iro official newspaper of such hearing and the date and place
thereof, in compliance with the requirements set forth in
Ordinance 543, as amended, the Zoning Ordinance of the City
of Livonia.
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#21-91 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, February
27, 1991 at 7 30 P M at the City Hall , 33000 Civic Center
Drive, Livonia, Michigan with respect to the following item
Petition 90-11-1-29, submitted by Carolyn Fullwood
for a change of zoning on property located on the
northwest corner of Middlebelt and Munger in the
Northeast 1/4 of Section 14 from OS to C-1 , the City
Planning Commission in its resolution 12-502-90 having
recommended to the City Council that Petition 90-11-1-
29 be denied,
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)
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.
122-91 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, March
13, 1991 at 7:30 P.M. at the City Hall , 33000 Civic Center
Drive, Livonia, Michigan with respect to the following item:
(1 ) Petition 90-11-1-30, submitted by ACO Development
for D.S. Nair for a change of zoning on property
located on the north side of Seven Mile Road between
Gill Road and Gary Lane in the Southwest 1/4 of Section
4 from RUFB to R-3, the City Planning Commission
1161. in its resolution 12-503-90 having recommended to
the City Council that Petition 90-11-1-30 be approved;
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(2) Petition 90-11-1-31 , submitted by Dominic Soave for
a change of zoning on property located on the east
side of Newburgh Road north of Seven Mile Road in
the Southwest 1/4 of Section 5 from RUFC to C-1 ,
the City Planning Commission in its resolution 12-504-
90 having recommended to the City Council that Petition
90-11-1-31 be denied,
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)
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
ihw AYES Taylor, Jurcisin, Ochala, Feenstra, Toy, Bishop and McCotter
NAYS: None.
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
and unanimously adopted, it was
123-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated January
7, 1991 with regard to the proposed Senior Housing Complex
for a 120 unit development on certain City-owned land located
on the west side of Newburgh Road between between Amrhein Road
and Plymouth Road (Newburgh Village) , and having also considered
the report and recommendation of the Executive Director of
the Housing Commission dated January 4, 1991 , approved for
submission by the Mayor, the Council does hereby determine
to approve the building elevation and floor plans in the manner
and form herein submitted.
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On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
1L•
and unanimously adopted, it was
124-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated January
7, 1991 with regard to the proposed Senior Housing Complex for
a 120 unit development on certain City-owned land located on
the west side of Newburgh Road between Amrhein Road and Plymouth
Road (Newburgh Village) , and having also considered the report
and recommendation of the Executive Director of the Housing
Commission dated January 4, 1991 , approved for submission by
the Mayor, the Council does hereby approve naming the street
within Newburgh Village "Capitol Court" , and directs the
Department of Public Works to take all necessary action to
effectuate this resolution , further, the Council does hereby
request the City Clerk to forward a certified copy of this
resolution recorded in the Office of the Wayne County Register
of Deeds, together with his certificate indictating the name
or names of any plat, subdivision or addition affected by this
resolution, as well as do all other things necessary or incidental
to the full performance of this resolution
On a motion by Councilman Bishop, seconded by Councilman Jurcisin,
11, and unanimously adopted, it was
#25-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated January
7, 1991 with regard to the need for repair of the ceiling in
the Council Chambers which has been caused by frozen drains,
the Council does hereby request that the consultant for roofs
at the Devon-Aire Ice Rink and Library submit a report and
recommendation.
Councilman Feenstra took from the table, for second reading and adoption,
following Ordinance.
AN ORDINANCE AMENDING TITLE 6 (ANIMALS)
OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED, BY ADDING CHAPTER 06 THERETO.
A roll call vote was taken on the foregoing Ordinance with the following result•
AYES: Jurcisin, Ochala, Feenstra, Bishop and McCotter.
NAYS: Taylor and Toy.
thw
The President declared the foregoing Ordinance duly adopted, and would become
26256
ffective on publication
On a motion by Councilman Bishop, seconded by Councilman Ochala,
and unanimously adopted, it was
#26-91 RESOLVED, that having considered a letter from the Mayor,
dated January 16, 1991 wherein it is directed that the proposed
cat ordinance be modified so as to eliminate Section 6 06 150
with regard to cats running at large as well as to modify Section
6 06 070 with respect to licensing fees, the Council does hereby
refer this item to the Committee of the Whole for its report
and recommendation
Councilman Ochala gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 90-9-3-9)
Tie 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
lerein The above Ordinance was placed on the table for consideration at the
next regular meeting
Councilman Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 31 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE" BY ADDING SECTION 3.
(Petition 90-8-1-19)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances
in the office of the City Clerk and is the same as if word for word repeated
herein. The above Ordinance was placed on the table for consideration at the
next regular meeting.
top Councilman Feenstra gave first reading to the following Ordinance:
26257
Imp AN ORDINANCE AMENDING SECTION 2 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE" BY ADDING SECTION 3.
(Petition 90-8-1-20)
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 Councilman Ochala, seconded by Councilman Bishop,
and unanimously adopted, it was
#27-91 RESOLVED, that having considered a communication from
the City Planning Commission dated December 18, 1990, which
transmits its resolution 12-514-90 adopted on December 11 , 1990,
with regard to a sign permit application submitted by Michigan
National Bank requesting approval to erect two wall signs on
a building located at 37276 Six Mile, 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 condition set forth in the aforesaid action of
the Planning Commission.
On a motion by Councilman Taylor, seconded by Councilman Feenstra,
it was
RESOLVED, that having considered a communication from
the City Planning Commission dated December 20, 1990, which
transmits its resolution 12-515-90, adopted on December 18,
1990 with regard to a Sign Permit Application submitted by
Detroit-Detroit Inc. on behalf of Livonia Travel requesting
approval for two awning signs to be located at 29225 W. Seven
Mile Road, the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation.
On a motion by Councilwoman Toy, seconded by Councilman Ochala,
't was
RESOLVED, that the Council does hereby determine to
substitute, in lieu of the foregoing resolution, a resolution
26258
1Lb which would approve the two awning signs requested by
Detroit-Detroit Inc on behalf of Livonia Travel to be located
at 29225 W. Seven Mile Road
A roll call vote was taken on the motion to substitute with the following result
AYES Ochala and Toy
NAYS. Taylor, Jurcisin, Feenstra, Bishop and McCotter.
The President declared the motion to substitute denied.
A roll call vote was taken on the original resolution with the following result
128-91 RESOLVED, that having considered a communication from
the City Planning Commission dated December 20, 1990, which
transmits its resolution 12-515-90, adopted on December 18,
1990 with regard to a Sign Permit Application submitted by
Detroit-Detroit Inc on behalf of Livonia Travel requesting
approval for two awning signs to be located at 29225 W Seven
Mile Road, the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation
AYES Taylor, Jurcisin, Ochala, Feenstra, Toy, Bishop and McCotter
NAYS None.
The President declared the resolution adopted.
On a motion by Councilman Bishop, seconded by Councilman Feenstra,
and unanimously adopted, it was
#29-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 18, 1990, which
transmits its resolution 12-511-90 adopted on December 11 , 1990
with regard to Petition 90-11-8-18 submitted by Joseph J. Weiss,
requesting site plan approval in connection with a proposal
to renovate the exterior of an existing building on the west
side of Farmington between Seven Mile and Clarita in Section
9, pursuant to the provisions set forth in Section 18.47 of
Ordinance 543, as amended, the Council does hereby concur in
the recommendation of the Planning Commission and Petition 90-11-
8-18 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.
lbw On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
and unanimously adopted, it was
26259
#30-91 RESOLVED, that having considered the report and
recommendation of the Law Department dated December 5, 1990,
approved for submission by the Mayor and submitted pursuant
to Council Resolution 818-90 in connection with a letter from
Mr. K.R. Evans, 18871 Gary Lane, Livonia, Michigan 48152, dated
August 28, 1990, wherein a request is submitted for the
opportunity to purchase certain City-owned property located
at 30330 and 30340 Six Mile Road, the Council does hereby refer
this item to the Streets, Roads and Plats Committee for its
report and recommendation.
On a motion by Councilman Jurcisin, seconded by Councilman Feenstra,
and unanimously adopted, it was
#31-91 RESOLVED, that having considered the report and
recommendation of the Law Department dated December 5, 1990,
approved for submission by the Mayor and submitted pursuant
to Council Resolution 818-90 in connection with a letter from
Mr K. R Evans, 18871 Gary Lane, Livonia, Michigan 48152, dated
August 28, 1990, wherein a request is submitted for the
opportunity to purchase certain City-owned property located
at 30330 and 30340 Six Mile road, the Council does hereby refer
this matter back to the Department of Law for a new report and
recomrendation which should be based upon the petitioner securing
a qualified real estate appraisal .
On a motion by Councilman Ochala, seconded by Councilman Taylor,
and unanimously adopted, it was
#32-91 RESOLVED, that having considered the report and
recommendation of the Director of Finance dated December 20,
1990, approved for submission by the Mayor, and having also
considered a letter from the City Treasurer dated January 2,
1991 the Council , in accordance with Chapter VII, Section 11
of the City Charter, does hereby approve and designate as a
depository for funds of the City of Livonia, First of America
Bank-Plymouth, N.A. , 33505 Schoolcraft, Livonia, Michigan 48150.
On a motion by Councilman Ochala, seconded by Councilman Jurcisin,
and unanimously adopted, it was
L 133-91 RESOLVED, that having considered the report and
recommendation of the Director of Finance dated December 20,
1990, approved for submission by the Mayor, and having also
26260
160, considered a letter from the City Treasurer dated January 2,
1991 the Council , in accordance with Chapter VII , Section 11
of the City Charter, does hereby approve and designate as a
depository for funds of the City of Livonia, First of America
Bank-Southeast Michigan , N A , 33523 West Eight Mile Road,
Livonia, Michigan 48152
A communication from the License Administrator of DRT Sportservice, Inc ,
dated December 11 , 1990 re Detroit Race Course City Restaurant License Corporate
Name Change was received and placed on file for the information of the Council
On a motion by Councilman Feenstra, seconded by Councilman Bishop,
and unanimously adopted, it was
#34-91 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated August 29, 1990, and
the report and recommendation of the Chief of Police, dated
December 18, 1990, with respect to the request from Cary William
Levy and Alan Stotsky, stockholders in Stotsky Assets 101 , Inc ,
to transfer ownership of 1990 SDD-SDM licensed business from
top Royal Fairlane Drugs, Inc for a business located at 37290 Five
Mile Road, Livonia, Michigan 48154, Wayne County, the Council
does hereby refer this item to the Committee of the Whole for
its report and recommendation
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
and unanimously adopted, it was
#35-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated January
4, 1991 , approved as to form by the City Attorney and approved
for submission by the Mayor, with regard to a license renewal
application to be submitted to the Michigan Department of Natural
Resources and the necessity of imposing a restrictive covenant
upon land utilized for a Type III sanitary landfill located
on Glendale Avenue in the City of Livonia and which is based
upon a revised legal description which encompasses 13.31 acres,
the legal description of which is as follows:
That part of the N.W. 1/4 of Section 27, T.1S. , R. 9E. , City
of Livonia, Wayne County, Michigan, described as beginning at
a point distant N.00°06'20"E. , 537.05 ft. from the center of
trow Section 27; thence N.0°06'20"E. , 1297.01 ft. ; thence N.
89°35'30"W. , 290 ft. ; thence S.0°06'20"W. , 884.08 ft. ; thence
N. 89°53'40"W. , 500.00 ft. ; thence S.0°06'20"W. , 405.00 ft. ;
26261
16. thence 5.89°12130"E. , 790.05 ft. to the point of beginning.
(13.31 acres)
the Council does hereby authorize the Mayor and City Clerk to
execute the necessary restrictive deed covenant based upon the
revised legal description set forth above in behalf of the City
of Livonia.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#36-91 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 352, more particularly described in Council Resolution 887-90
adopted on September 24, 1990, as required by the provisions
of the City Charter and Title 3, Chapter 8 of the Livonia Code
of Ordinances , as amended, the City Council has duly met and
reviewed the special assessments levied in the special assessment
roll prepared by the City Assessor to cover the district in
which street lighting is to be installed, such roll having been
prepared on the basis of street lighting being installed in
Caliburn Estates Subdivision No 1 in the Northwest 1/4 of Section
8, in said Special Assessment District No 352,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine to install street lighting consisting of 100 watt
high pressure sodium street lights with underground wiring and
colonial post tops in Caliburn Estates Subdivision No. 1 located
in the Northwest 1/4 of Section 8, and that the assessments
set forth in said Special Assessment District No. 352 Roll are
fair and equitable and based upon benefits derived in said
district, in accordance with the plans of the City Engineer
and resolutions of the City Council , said Special Assessment
Roll No. 352 based on installation of 100 watt high pressure
sodium street lights with underground wiring on colonial post
tops is hereby approved and confirmed in all respects, pursuant
to the provisions of Section 3.08.130 of the Livonia Code of
Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the Assessment Roll , and the assessment roll
shall then be immediately transmitted to the City Treasurer
who shall take such further action as set forth in Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, and
the City Clerk is hereby authorized to transmit the proper street
lighting order to the Detroit Edison Company on forms provided
by them for this purpose.
On a motion by Councilwoman Toy, seconded by Councilman Jurcisin,
and unanimously adopted, it was
26262
#37-91 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 353, more particularly described in Council Resolution 888-90
adopted on September 24, 1990, as required by the provisions
of the City Charter and Title 3, Chapter 8 of the Livonia Code
of Ordinances, as amended, the City Council has duly met and
reviewed the special assessments levied in the special assessment
roll prepared by the City Assessor to cover the district in
which street lighting is to be installed, such roll having been
prepared on the basis of street lighting being installed in
Caliburn Manor Subdivision No 1 in the Northeast 1/4 of Section
7, in said Special Assessment District No 353,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine to install street lighting consisting of 100 watt
high pressure sodium street lights with underground wiring and
colonial post tops in Caliburn Manor Subdivision No 1 located
in the Northeast 1/4 of Section 7, and that the assessments
set forth in said Special Assessment District No. 353 Roll are
fair and equitable and based upon benefits derived in said
district, in accordance with the plans of the City Engineer
and resolutions of the City Council , said Special Assessment
Roll No. 353 based on installation of 100 watt high pressure
sodium street lights with underground wiring on colonial post
ths. tops is hereby approved and confirmed in all respects , pursuant
to the provisions of Section 3.08 130 of the Livonia Code of
Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the Assessment Roll , and the assessment roll
shall then be immediately transmitted to the City Treasurer
who shall take such further action as set forth in Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, and
the City Clerk is hereby authorized to transmit the proper street
lighting order to the Detroit Edison Company on forms provided
by them for this purpose.
On a motion by Councilman Bishop, seconded by Councilman Ochala,
and unanimously adopted, it was
138-91 RESOLVED, that having considered a communication from
the City Planning Comwission, dated September 21 , 1990, which
sets forth its resolution 9-444-90 adopted on September 18,
1990, with regard to Petition 90-8-2-27 submitted by Angelo
D'Orazio requesting waiver use approval to operate a limited
service restaurant (Polo Yogurt Cafe) within the Stamford Plaza
Shopping Center located on the south side of Seven Mile Road
between Myron and Whitby Streets in the Northeast 1/4 of Section
9, which property is zoned C-2, and the Council having conducted
a public hearing with regard to this matter on December 17,
1990, pursuant to Council Resolution 924-90, the Council does
26263
hereby refer this item to the Committee of the Whole for its
report and recommendation
On a motion by Councilman Feenstra, seconded by Councilman Bishop,
and unanimously adopted, it was
#39-91 RESOLVED, that having considered a communication from
the City Planning Commmission dated November 1 , 1990, which
sets forth its resolution 10-475-90 adopted on October 16, 1990,
with regard to a permit application submitted by Anthony J.
Brooks for a satellite disc antenna on property located at 14545
Richfield in Section 19, and the Council having conducted a
Public Hearing on December 17 , 1990, pursuant to Council
Resolution 1019-90, the Council does hereby concur in the
recommendation of the City Planning Commission and the said
permit application is hereby denied for the same reasons as
those set forth in the aforesaid recommendation of the Planning
Commission
On a motion by Councilman Feenstra, seconded by Councilman Ochala,
16. it was
#40-91 RESOLVED, that having considered a communication from
the City Planning Commission dated October 25, 1990, which
sets forth its resolution 10-476-90 adopted on October 16, 1990,
with regard to a permit application submitted by Ronald Wisniewski
for a satellite disc antenna on property located at 9497 Patton
in Section 31, and the Council having conducted a Public Hearing
on December 17, 1990, pursuant to Council Resolution 1020-90,
the Council does hereby concur in the recommendation of the
City Planning Commission and the said permit application is
hereby denied for the same reasons as those set forth in the
aforesaid recommendation of the Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Taylor, Ochala, Feenstra, Bishop and McCotter.
NAYS: Jurcisin and Toy.
The President declared the resolution adopted.
Councilwomen Toy left the podium at 8:43 P.M indicating she was a member of the
tw, Italian American Club of Livonia.
26264
LipOn a motion by Councilman Feenstra, seconded by Councilman Taylor,
and unanimously adopted, it was
#41-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 25, 1990, which
sets forth its resolution 10-465-90 adopted on October 16, 1990
with regard to Petition 90-8-1-22, submitted by Charles Tangora
for Italian Club of Livonia and Dan Arnold for a change of zoning
on property located on the north side of Five Mile Road, east
of the I-275 Freeway in the Southwest 1/4 of Section 18, from
RE to C-2, and the Council having conducted a public hearing
with regard to this matter on December 17, 1990, pursuant to
Council Resolution 1022-90, the Council does hereby reject the
recommendation of the Planning Commission and the said Petition
90-8-1-22 is hereby approved and granted, 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 543, as amended, in accordance
with this resolution
ILCouncilwoman Toy returned to the podium at 8 47 P M.
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
#42-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 25, 1990, which
sets forth its resolution 10-473-90 adopted on October 16, 1990
with regard to Petition 90-4-1-11 , submitted by the City Planning
Commission for a change of zoning on property located on the
south side of Five Mile Road between Bainbridge Avenue and Henry
Ruff Road in the Northwest 1/4 of Section 23 from M-1 and RUFA
to ML and R-1 , and the council having conducted a public hearing
with regard to this matter on January 9, 1991 , pursuant to Council
Resolution 1021-90, the Council does hereby concur in the
recommendation of the Planning Commission and the portion of
this petition proposing a zoning change from M-1 to ML is hereby
approved and granted; 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 543, as amended, in accordance with this
1160 resolution.
26265
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#43-91 RESOLVED, that the Council does hereby request that
the Department of Inspection submit a report and recommendation
with regard to the need for clean up as well as future enforcement
of ML regulations with respect to certain property located south
of Five Mile Road between Bainbridge Avenue and Henry Ruff Road,
with special attention to any illegal waste disposal on this
site.
On a motion by Councilman Feenstra , seconded by Councilman Taylor,
and unanimously adopted, it was
144-91 RESOLVED, that the Engineering Department is hereby
requested to submit a report and recommendation with regard
to the status of public utility improvements for Lots 1 , 2 and
3 of the Green Acres Subdivision.
On a motion by Councilman Feenstra, seconded by Councilman Ochala,
t. and unanimously adopted, it was
#45-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 25, 1990, which
sets forth its resolution 10-466-90 adopted on October 16, 1990,
with regard to petition 90-9-1-23, submitted by Jerry Brady
for A. DelGuidice for a change of zoning on property located
on the northeast corner of Bretton and Middlebelt in the Southwest
1/4 of Section 1 , from OS to C-1 , and the Council having conducted
a public hearing with regard to this matter on January 9, 1991 ,
pursuant to Council Resolution 1023-90, the Council does hereby
concur in the recommendation of the Planning Commission and
the said Petition 90-9-1-23 is hereby denied for the same reasons
as those set forth in the action taken by the Planning Commission.
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
#46-91 RESOLVED, that in accordance with Section 23.01(a) of
Zoning Ordinance 543, the Council does hereby request that the
Planning commission conduct a public hearing and thereafter
submit its report and recommendation on the question of whether
or not the property located on the northeast corner of Bretton
and Middlebelt in the Southwest 1/4 of Section 1 should be rezoned
from OS to an appropriate residential zoning classifications.
26266
On a motion by Councilman Feenstra, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#47-91 RESOLVED, that the Council does hereby request that
the Department of Inspection submit a report and recommendation
on the condition of the residential dwellings located on Lots
447 and 448 of Carey Meadows Subdivision located on the northeast
corner of Bretton and Middlebelt in the Southwest 1/4 of Section
1 as well as with respect to ordinance compliance by the shopping
center located on lot 440(a) of said subdivision
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
148-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 1 , 1990, which
sets forth its resolution 10-478-90 adopted on October 30, 1990
with regard to Petition 90-10-1-25, submitted by the City Planning
Commission on a proposed amendment to the comprehensive zoning
map of the City of Livonia which would change the zoning
designation of all property currently designated on the map
as PS, Professional Service, to OS, Office Service, and the
Council having conducted a public hearing with regard to this
matter on January 9, 1991 , pursuant to Council Resolution 1046-90,
the Council does hereby concur in the recommendation of the
Planning Commission and the said Petition 90-10-1-25 is hereby
approved and granted, 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 543, as amended, in accordance with this
resolution.
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
#49-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 25, 1990, which
sets forth its resolution 10-471-90 adopted on October 16, 1990
with regard to Petition 90-9-6-8, submitted by the City Planning
Commission to amend various sections of Zoning Ordinance 543
tow so as to insert the zoning designation of OS in place of PS
and to add reference to NP, R-C and R-8C where applicable, and
the Council having conducted a public hearing with regard to
26267
this matter on January 9, 1991 , pursuant to Council Resolution
1023-90, the Council does hereby concur in the recommendation
of the Planning Comrrission and the said Petition 90-9-6-8 is
hereby approved and granted, and the Department of Law is
requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
#50-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 25, 1990, which
sets forth its resolution 10-469-90 adopted on October 16, 1990
with regard to Petition 90-8-6-5, submitted by the City Planning
Commission to amend Section 3 01 of Zoning Ordinance 543, so
as to change the name of the PS district to OS and to list the
three new zoning districts, NP (Nature Preserves) , R-C
(Condominium Residential ) , and R-8C (High Rise Condominium
Residential ) , and the Council having conducted a public hearing
with regard to this matter on January 9, 1991 , pursuant to Council
Resolution 1023-90, the Council does hereby concur in the
recommendation of the Planning Commission and the said Petition
16 90-8-6-5 is hereby approved and granted, and the Department
of Law is requested to prepare an ordinance amending Ordinance
543, as amended, in accordance with this resolution.
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
it was
151-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 25, 1990, which
sets forth its resolution 10-470-90 adopted on October 16, 1990
with regard to Petition 90-8-6-6, submitted by the City Planning
Commission to amend Section 10.03 of the Zoning Ordinance 543
so as to provide for the addition of carry-out restaurants and
limited service restaurants as waiver uses in the C-1 zoning
district, and the City Council having conducted a public hearing
with regard to this matter on January 9, 1991 , pursuant to Council
Resolution 1023-90, the Council does hereby reject the
recommendation of the Planning Commission and the said Petition
90-8-6-6 is hereby approved and granted; and the Department
of Law is requested to prepare an ordinance amending Ordinance
543, as amended, in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Taylor, Jurcisin, Ochala, Toy, Bishop and McCotter.
26268
160 NAYS Feenstra.
The President declared the resolution adopted
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
152-91 RESOLVED, that having considered a communication from
the Fire Chief dated December 11 , 1990, approved by the Mayor,
the Council does for and on behalf of the City of Livonia accept
a cash contribution in the amount of $1 ,000 00 from the Livonia
Heart Fund, the same to be deposited and credited to the
Contributions/Gifts Account 457 OCO 690 010 for the purchase
of medical and defibrillator supplies for emergency medical
units
On a motion by Councilman Taylor, seconded by Councilman Feenstra,
and unanimously adopted, it was
153-91 RESOLVED, that having considered a communication from
listhe Director of Community Resources dated December 13, 1990,
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 in the amount of $500.00 to
be deposited and credited to Account 702-000-285-215 for use
in the Livonia Youth Assistance Program
On a motion by Councilman Taylor, seconded by Councilman Ochala, and
unanimously adopted, this 1 ,192nd Regular Meeting of the Council of the City of
Livonia was adjourned at 8:55 P.M. , January 16, 1991 .
*404141-. %144'4
Robert F. Nash, City Clerk