HomeMy WebLinkAboutCOUNCIL MINUTES 1995-07-24 28933
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FIRST
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On July 24, 1995, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8 05 p m Councilmember Kavanagh delivered the
invocation
Roll was called with the following result Sean P Kavanagh,
Maureen Miller Brosnan, Laura M Toy, Dale A Jurcisin, Fernon P Feenstra,
Michael P McGee, and Gerald Taylor Absent None
Elected and appointed officials present Robert D Bennett,
Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K
White, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director
of Legislative Affairs; Michael T Slater, Finance Director; Lee Grieve,
Police Chief; Edith Davis, Personnel Director; and Rick Niedieck, Livonia
Economic Development Office Director
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was
#503-95 RESOLVED, that the minutes of the 1,300th Regular
Meeting of the Council of the City of Livonia, held July 10,
1995, are hereby approved as submitted
During the audience communication portion of the meeting, Jerry
Vadovic, 14401 Ellen, Livonia 48154, discussed the lack of response from
Detroit Edison during the recent storm, and the fact that there is a block
of homes on Ellen that are still constantly losing electricity
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#504-95 RESOLVED, that the Council does hereby refer the
subject of problems with respect to Detroit Edison restoring
power quickly after power outages on Ellen Drive and other areas
within the City and the preparation of a formal response to the
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Michigan Public Service Commission as part of the public hearings
to be held regarding responsiveness of Detroit Edison to such
problems to the Engineering Department for a report and
recommendation
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#505-95 RESOLVED, that the Council does hereby refer the matter
of the replacement of missing sidewalk along the north side of
Six Mile Road west of Merriman directly across from Canterbury to
the Engineering Department for its report and recommendation
On a motion by Feenstra, seconded by Toy, it was
#506-95 RESOLVED, that having considered an application from
Gisele T Sidor, 36026 Dover, dated June 22, 1995, requesting
permission to close Dover between Linville and Crown on Saturday,
August 26, 1995, from 10 00 a m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct
the sail affair on Sunday, August 27, 1995, in the event of
inclement weather, the action taken herein being made subject to
the approval of the Police Department
#507-95 RESOLVED, that having considered an application from
Josie Villarruel, 34751 St Martins Avenue, dated June 23, 1995,
requesting permission to close St Martins Drive between
Northland Drive and Gary Lane on Saturday, August 5, 1995, from
3 00 p m to 10 00 p m for the purpose of conducting a block
party, the Council does hereby grant permission as requested,
including therein permission to conduct the said affair on
Saturday, August 12, 1995, in the event of inclement weather, the
action taken herein being made subject to the approval of the
Police Department
#508-95 RESOLVED, that having considered an application from
Nancy Baumgarten, 14272 Ramblewood, dated July 10, 1995,
requesting permission to close Ramblewood between Perth and Scone
on Saturday, August 19, 1995, from 2 00 p m to 10 00 p m for
the purpose of conducting a block party, the Council does hereby
grant permission as requested, including therein permission to
conduct the said affair on Sunday, August 20, 1995, in the event
of inclement weather, the action taken herein being made subject
to the approval of the Police Department
#509-95 RESOLVED, that having considered an application from
Amanda M. Spiers, 34367 Capitol, received in the City Clerk's
Office on July 17, 1995, requesting permission to close Capitol
and part of Brewster on Saturday, August 19, 1995, from 12 00
p m to 10 00 p m for the purpose of conducting a block party,
the Council does hereby grant permission as requested, including
(REVISED PAGE - SEE CR #512-9 )
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therein permission to conduct the said affair on Saturday, August
26, 1995, in the event of inclement weather, the action taken
herein being made subject to the approval of the Police
Department
#510-95 RESOLVED, that having considered a communication from
John R Carney, John R Carney & Associates, P C , representing
Mr and Mrs Haneris, dated June 21, 1995, wherein a request is
submitted for vacating of a certain easement located at 29130
Jacquelyn, Lot 73 of the Belle-Lynn Subdivision, the Council does
hereby refer this item to the City Planning Commission for action
and recommendation in accordance with provisions of law and City
ordinance
#511-95 RESOLVED, that having considered a communication from
the Mayor, dated June 14, 1995, wherein he has requested approval
of the reappointment of Lowell Peterson, 9420 Lathers, Livonia,
Michigan 48150, to the Livonia Plymouth Road Development
Authority for a four year term expiring May 16, 1999, pursuant to
Section 3 16 060 of the Livonia Code of Ordinances, as amended,
and Act No 197 of the Public Acts of Michigan of 1975, as
amended, the Council does hereby confirm and approve such reap-
pointment provided that he takes the Oath of Office as required
in Section 2, Chapter X of the City Charter, to be administered
by the Office of the City Clerk
#512-95 RESOLVED, that having considered a communication from
J Llewell Jessup, 18554 Sunset Boulevard, Livonia, Michigan
48152, received in the City Clerk's Office on July 10, 1995,
requesting an amendment to Title 10, Chapter 48, Section
040 (3) (c) of the Livonia Code of Ordinances regarding the
clearance required of parked vehicles to curbside mailboxes in
conjunction with the Postal Service, the Council does hereby
refer this matter and the extent of City jurisdiction over the
subject to the Department of Law for its report and
recommendation; FURTHER, the Council does hereby refer this item
to the Legislative Committee for its report and recommendation
#513-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated July 10,
1995, which bears the signature of the Finance Director and is
approved for submission by the Mayor, the Council does hereby
accept the bid of Allie Brothers, Inc , 20295 Middlebelt,
Livonia, Michigan 48152, for supplying the Department of Public
Works with employee uniforms at the unit prices shown in the
attachment for a total estimated price of $26, 642 94, the same
having been in fact the lowest bid received and meets all
specifications; FURTHER, in the event the items are not available
from Allie Brothers, Inc. , the Council does hereby accept the
unit bid prices of Work N' Gear, 34694 Warren Road, Westland,
Michigan 48185, which also meets specifications, as an alternate
source for supplying the Department of Public Works with employee
uniforms at the unit prices shown in the attachment
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#514-95 RESOLVED, that having considered a communication from
the Director of Public Works, dated July 10, 1995, which bears
the signature of the Finance Director and is approved for
submission by the Personnel Director and Mayor, which transmits a
resolution adopted by the Civil Service Commission on July 13,
1995, wherein the Commission did recommend an increase in the
seasonal laborer rate and a classification change, the Council
does hereby concur in and approve of such action in the manner
and form herein submitted
#515-95 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated May 15, 1995, with
regard to a request from Lone Star Steakhouse & Saloon of
Michigan, Inc requesting approval of an application for a new
Michigan Liquor Control Commission Class C full year liquor
license with Outdoor Service Permit and Official Permit (Food)
for a proposed new restaurant to be located on the west side of
Victor Parkway between Seven Mile and Eight Mile Roads in the
Southeast 1/4 of Section 6, Livonia, Michigan, Wayne County, in
addition to prior approval already granted in Council Resolution
252-95 adopted on April 19, 1995, the Council does hereby take
this means to advise the Michigan Liquor Control Commission that
the City Council approves the said request; and the City Clerk is
hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission
#516-95 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated June 23, 1995,
approved for submission by the Mayor, and to which is attached a
list of adjustments required for the 1995 budget, the Council
does hereby authorize the said budget adjustments and transfers
in the manner and form set forth in the attachment
#517-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 5, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, and to which is attached a letter from
Joyce A Schlachter, Department Executive, Engineering Division,
Department of Public Services for Wayne County, dated June 30,
1995, and having considered the necessity for traffic signal
modernizations at Wayne Road and Joy Road, as well as Wayne Road
and West Chicago Road, in connection with the modernization of
traffic signals at several intersections along Wayne Road from
Goddard Road to Plymouth Road, the Council does hereby approve
and authorize the said traffic control modernizations; FURTHER,
the Council does hereby approve of the City assuming a portion of
the costs of such modernizations for those intersections located
in the City of Livonia, and for this purpose does hereby
appropriate and authorize the expewditure of a sum not to exceed
$2, 925 00 from the Michigan Transportation Fund (Major Road
Account) ; and the Mayor and City Clerk are hereby authorized to
execute the attached contract for and on behalf of the City of
Livonia; and the City Clerk is requested to send a certified copy
of this resolution to the Wayne County Department of Public
Services, Division of Engineering
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#518-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 29, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, and to which is attached a letter from
Joyce A Schlachter, Department Executive, Engineering Division,
Department of Public Services for Wayne County, dated June 27,
1995, and having considered the necessity for traffic signal
modernizations at seven intersections along Farmington Road from
Joy Road to Eight Mile Road, the Council does hereby approve and
authorize the said traffic control modernizations; FURTHER, the
Council does hereby approve of the City assuming a portion of the
costs of such modernizations for those intersections located in
the City of Livonia, and for this purpose does hereby appropriate
and authorize the expenditure of a sum not to exceed $24, 500 00
from the Michigan Transportation Fund (Major Road Account) ; and
the Mayor and City Clerk are hereby authorized to execute the
attached contract for and on behalf of the City of Livonia; and
the City Clerk is requested to send a certified copy of this
resolution to the Wayne County Department of Public Services,
Division of Engineering
#519-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 5, 1995, approved
for submission by the Mayor, with regard to a request from the
Wayne County Department of Public Services that the City take
jurisdiction and control of a section of 4" storm sewer as part
of the reconstruction of an existing service station at 37416
Seven Mile Road, the Council does hereby determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the
storm sewer site plans and further that the City will accept
jurisdiction and maintenance (at no expense to the County)
of approximately 35 1 f of 4" storm sewer within the Seven
Mile Road right-of-way in connection with the development of
the aforementioned site located on the north side of Seven
Mile Road west of Newburgh Road in the Southeast 1/4 of
Section 6 (see attached letter from the Marathon Oil Company
indicating its willingness to reimburse the City for any
such maintenance that may become necessary) ; and
2 To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with
the above storm sewer construction
#520-95 RESOLVED, that having considered the report and
recommendation of the City Engineer and Superintendent of Parks
and Recreation, dated July 6, 1995, 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 Waterfront
Construction, Inc , 39272 Chart, Harrison Township, Michigan
48045, for completing all work required in connection with the
Idyl Wyld Golf Course Bridge Construction Project (Contract 95-J)
for the estimated total cost of $83, 838 60 based upon the
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Engineering Department's estimate of units involved, and subject
to a final payment based upon the actual units completed in
accordance with the unit prices accepted herein, said estimated
cost and unit prices having been in fact the lowest bid received
for this item; FURTHER, the Council does hereby appropriate and
authorize the expenditure of the amount of $44,477 60 from Fund
409 (Golf Capital Improvement Fund) and $39, 361 00 from Fund 373
(Drain Fund) for this purpose; 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
#521-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 5, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, and which transmits final cost
information with respect to the 1992 Sidewalk Program (Contract
92-B) , the Council does hereby determine as follows
A To establish the final project cost at $196, 631 84, of which
$151, 145 65 shall be funded by single lot assessments,
$5, 300 00 shall be funded from liquidated damages, and
$40,186 19 to be funded from the City's participation in
this project from the Michigan Transportation Fund (Local
Road Account) ;
B To authorize an advance in the amount of $151,145 65 from
the General Obligation Bond Issue with the provision that
the Bond Issue be reimbursed at such time as funds are
subsequently received from the payment of bills and
assessments by affected property owners; and
C To appropriate and authorize the expenditure of an
additional sum not to exceed $186 19 from the Michigan
Transportation Fund (Local Road Account) to cover
additional costs related to the City's share of the
1992 Sidewalk Program
#522-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 5, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, and which transmits final cost
information with respect to the 1992 Sidewalk Program - Phase II
(Contract 93-S) from the standpoint of City participation, the
Council does hereby determine as follows
A. To establish the final project cost at $89,335.46, of which
$62,688 63 shall be funded by single lot assessments, and
$26,646 83 to be funded from the City' s participation in
this project from the Michigan Transportation Fund (Local
Road Account) ;
28939
B To authorize an advance in the amount of $62,688 63 from the
General Obligation Bond Issue with the provision that the
Bond Issue be reimbursed at such time as funds are
subsequently received from the payment of bills and
assessments by affected property owners; and
C To appropriate and authorize the expenditure of an
additional sum not to exceed $6, 938 03 from the Michigan
Transportation Fund (Local Road Account) to cover additional
costs related to the City's share of the 1992 Sidewalk
Program
#523-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 10, 1995,
approved for submission by the Mayor, as well as a communication
from the Mayor, dated July 11, 1995, a letter from Michael C
Mikail, Vice President of the Laurel Park II Homeowners
Association, dated May 22, 1995, and a proposed plan submitted by
Mr John J Hiltz, dated July 10, 1995, on behalf of the
residents of Laurel Park South Subdivision No 2 requesting that
the City approve the construction of a noise abatement berm along
the easterly right-of-way line of I-96 (I-275) south of Six Mile
Road and next to such subdivision, the Council does hereby
approve the proposal as submitted, and the Mayor and City Clerk
are hereby authorized to execute a contract for and in behalf of
the City of Livonia with Sunset Excavating, 12641 Stark Road,
Livonia, Michigan 48150, for completing this project (at no cost
to the City) and to do all other things necessary or incidental
to the full performance of this resolution
#524-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 6, 1995, which transmits
its resolution 6-128-95 adopted on June 27, 1995, with regard to
Petition 95-6-8-13 submitted by Manoogian Manor, requesting
approval of all plans in connection with a proposal to expand the
existing facility located at 15775 Middlebelt Road in the
Southeast 1/4 of Section 14, pursuant to the provisions set forth
in Section 18 58 of Zoning Ordinance No 543, as amended, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 95-6-8-13 is hereby approved and granted,
subject to the following condition
That the Site Plan, Composite Floor Plan & Elevations,
defined as Sheet No 1 dated 6/9/95, by Theodore Yessayan
Associates is hereby approved and shall be adhered to
#525-95 RESOLVED, that having considered a communication from
Councilmember Fernon P Feenstra, dated June 27, 1995, wherein it
is requested to rename the Finance and Insurance Committee, the
Council does hereby rename such committee to the "Finance,
Insurance and Budget Committee "
28940
#526-95 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Crucam, Inc ,
dated July 18, 1995, covering new industrial facilities to be
located within City of Livonia Industrial Development District
55;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA
that it determines as follows
1 The City Clerk shall provide copies of the said Application
to the legislative bodies of the governmental units deriving
property taxes from the property which will be affected, as
required by Act 198, P A 1974, as amended
2 The City Clerk shall contact each of the affected taxing
units and, (i) indicate the Council's interest in this
matter, and (ii) assist these taxing units in collecting
such information as may be necessary to determine their
respective opinions on this Application and, (iii) advise
the said taxing units of this Council's desire to hold a
hearing on this Application on Wednesday, September 6, 1995,
at 7 00 p m at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan
3 The Council hereby sets Wednesday, September 6, 1995, at
7 00 p m at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan, as the date, time and place for
conducting a hearing on said Application
A roll call vote was taken on the foregoing resolutions with the following
result
AYES Kavanagh, Brosnan, Toy, Jurcisin, Feenstra, McGee, and
Taylor
NAYS None
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#527-95 RESOLVED, that the Council does hereby amend Council
Resolution 467-95 so as to have the same read as follows
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, August 16, 1995, at 8 00 p m at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, with respect to
the following item
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Petition 95-4-1-7, submitted by John Mahn in behalf of
Dominic Liburdi, for a change of zoning of property
located south of Plymouth Road between Stark and
Farmington Roads in the Northeast 1/4 of Section 33,
from P to C-2 and RUF, the City Planning Commission in
its resolution 6-103-95 having recommended to the City
Council that Petition 95-4-1-7 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 amendments to the Zoning Ordinance, and/or
(b) location of the proposed changes 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 certified 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
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#528-95 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, September 20, 1995,
at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item
Petition 95-5-1-8, submitted by Thomas Guastello, for a
change of zoning of property located on the east side of
Middlebelt Road between Buckingham and Perth Avenues in the
Southwest 1/4 of Section 24 from OS to C-2, the City
Planning Commission in its resolution 6-104-95 having
recommended to the City Council that Petition 95-5-1-8 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 amendments to the Zoning Ordinance, and/or
(b) location of the proposed changes 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
28942
public hearing, cause to have notice to be given by certified
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
Jurcisin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 130 OF TITLE 9,
CHAPTER 94 (DISCHARGING FIREARMS) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
On a motion by Jurcisin, seconded by Toy, it was
RESOLVED, that having considered a letter from Ronald
Vaagenes, dated June 12, 1995, submitted in behalf of Motor City
Mold, Inc , wherein it is indicated that Motor City Mold, Inc
intends to transfer facilities from 12339 Stark Road, Livonia,
Michigan 48150, to Canton Township, and which further indicates
that Motor City Mold, Inc desires to obtain a 1974 P A 198
exemption for the Canton Township facilities, the Council does
hereby consent to the transfer as herein requested; and the City
Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin
NAYS Kavanagh, Brosnan, Toy, Feenstra, McGee, and Taylor
The President declared the resolution denied
On a motion by Kavanagh, seconded by Toy, and unanimously
adopted, it was
#529-95 RESOLVED, that having considered a letter from Ronald
Vaagenes, dated June 12, 1995, submitted in behalf of Motor City
Mold, Inc , wherein it is indicated that Motor City Mold, Inc
intends to transfer facilities from 12339 Stark Road, Livonia,
Michigan 48150, to Canton Township, and which further indicates
that Motor City Mold, Inc desires to obtain a 1974 P A 198
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exemption for the Canton Township facilities, the Council does
hereby reject and deny this request since it is the determination
of the Council that the transfer of facilities would have the
effect of transferring employment from one governmental unit in
Michigan to another local governmental unit in Michigan and for
the further reason that the said transfer would not be in the
best interest of either the citizens of Livonia or the people of
the State of Michigan; and the City Clerk is hereby requested to
do all things necessary or incidental to the full performance of
this resolution
A communication from the Livonia Economic Development Office,
dated July 21, 1995, re background information on Motor City Mold, Inc
was received and placed on file for the information of the Council
On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was
#530-95 RESOLVED, that the Council does hereby refer the matter
of transfers of employment for tax abatement purposes and recent
court decisions regarding this subject to the Department of Law
for its report and recommendation
it was by Jurcisin, seconded by Brosnan, and unanimously
adopted,
*531-95 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service, Director
of Public Works and the Chairman of the Water & Sewer Board,
dated July 10, 1995, which bears the signature of the Finance
Director and is approved for submission by the Mayor, the Council
does hereby accept the bid of Motor City Ford Truck, Inc , 39300
Schoolcraft, Livonia, Michigan 48150, for supplying the Public
Service Division with a Combination Jet Rodding Machine and Catch
Basin Cleaner for the net price of $173,890 00, based on a total
price of $218, 890 00 less $45, 000 00 for trade-in; FURTHER, the
Council does hereby determine the aforesaid bid to be a better
bid than the bid submitted by Burke Equipment Co for the reasons
indicated in the aforesaid communication, and the action taken
herein being made in accordance with Section 3 04 140E of the
Livonia Code of Ordinances, as amended
On a motion by Feenstra, seconded by Toy, it was
#532-95 RESOLVED, that the Council does hereby refer the
subject of the Local Bidder Preference set forth in Section
3 04 140E of the Livonia Code of Ordinances, as amended, (in
connection with the Prevailing Wage issue) to the Legislative
Committee for its report and recommendation
28944
A roll call vote was taken on the foregoing resolution with the following
result
AYES Brosnan, Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS Kavanagh
The President declared the resolution adopted
Mr McGee made the following disclosure respecting a conflict of interest
on the next matter
Mr President, pursuant to the provisions of Chapter
IV, Section 9, of the Livonia City Charter and the relevant
provisions of State law, I am hereby disclosing the existence of
a conflict of interest with respect to this matter As I believe
the Council and the Administration are aware, I am an employee of
the law firm of Miller, Canfield, Paddock and Stone of Detroit,
Michigan Miller, Canfield has acted as bond counsel to the City
for many years This matter involves an installment purchase
agreement for which Miller, Canfield has been retained by the
City to prepare As such, I have a pecuniary interest in this
matter and, under the foregoing authorities, I must abstain from
consideration of and voting upon this matter I refer to my
letter dated February 24, 1992, to the City Clerk on this subject
and would ask that these remarks be made part of the official
record of this meeting Thank you
McGee left the podium at 8 28 p m
On a motion by Jurcisin, seconded by Feenstra, it was
#533-95 WHEREAS, an Installment Purchase Agreement (the
"Agreement") between the City of Livonia (the "City") , Sprinkler
Services Co ("Sprinkler") , Valley Turf, Inc ("Valley")
(Sprinkler and Valley hereinafter referred to as the "Vendors")
and Comerica Bank, (the "Bank") for the purchase, delivery and
installation of an eighteen hole golf course irrigation system,
together with pump station, as set forth in the Vendors'
Quotations (the "Equipment") dated June 30, 1995, has been
prepared; and
WHEREAS, the purchase and installation price of the Equipment is
$269, 072 with $156, 072 owed to Valley for the furnishing of the
Equipment and $113,000 owed to Sprinkler for the installation of
the Equipment (together the "Purchase Price") ; and
WHEREAS, pursuant to the Agreement, the City will pay the
Purchase Price in ten (10) semi-annual installments, commencing
on February 1, 1996, as will be specified in the Agreement (each,
a "Payment Date") , with interest payable thereon at a rate equal
to 4 725% per annum; and
28945
WHEREAS, the Agreement is to be assigned to the Bank; and
WHEREAS, it is necessary to approve the Agreement and authorize
the City' s Mayor and Clerk to execute the Agreement and/or
certain other documentation relative thereto
NOW, THEREFORE, BE IT RESOLVED THAT
1 The Agreement is hereby approved substantially in the form
on file with the City Clerk The City shall incur the debt
described in the Agreement through execution of the
Agreement by the officers authorized below which debt shall
consist of the Purchase Price of $269, 072, which Purchase
Price shall be payable in ten (10) semi-annual installments
with interest thereon at a rate of 4 725% per annum The
installments of interest shall be payable semi-annually,
commencing February 1, 1996 and installments of principal
shall be payable semi-annually commencing February 1, 1996
2 The Mayor and City Clerk are hereby authorized and directed
to execute the Agreement and deliver it to the Vendors,
substantially in the form on file with the City Clerk with
such additions, changes and modifications as shall be
approved by the City' s Bond Counsel
3 The useful life of the Equipment is hereby determined to be
4 not less than twenty (20) years
The Mayor and City Clerk are hereby directed and authorized
to execute such additional documentation as shall be
necessary to effectuate the closing of the Agreement and the
assignment thereof
5 The assignment of the Agreement by the Vendors to the Bank
is hereby approved
6 The City hereby agrees to include in its budget for each
year commencing with the current fiscal year, a sum which
will be sufficient to pay the principal of and interest on
the Agreement coming due before the next fiscal year In
addition, the City hereby pledges to levy ad valorem taxes
on all taxable property in the City each year in an amount
necessary to make its debt service payments under the
Agreement, subject to applicable constitutional, statutory
and charter tax rate limitations
7 The City hereby designates its obligations under the
Agreement as "qualified tax-exempt obligations" for purposes
of deduction of interest expense by financial institutions
8 The City hereby covenants that, to the extent permitted by
Irs
law, it shall take all actions within its control necessary
to maintain the exemption of the interest on the obligations
under the Agreement from general federal income taxation (as
28946
opposed to alternative minimum or other indirect taxation)
under the Internal Revenue Code of 1986, as amended,
including but not limited to, actions relating to the rebate
of arbitrage earnings, if applicable, and the expenditure
and investment of proceeds of the Agreement and moneys
deemed to be proceeds
9 All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the
same hereby are rescinded
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh, Brosnan, Toy, Jurcisin, Feenstra, and Taylor
NAYS None
The President declared the resolution adopted
McGee returned to the podium at 8 29 p m
A communication from the Department of Finance, dated July 10,
1995, re the Installment Contract for the Whispering Willows Irrigation
System was received and placed on file for the information of the Council
A communication from the Department of Law, dated July 6, 1995,
re the feasibility of adding unpaid ambulance charges to residents' tax
bills as a lien against their property was received and placed on file for
the information of the Council (Opinion No 95-1)
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#534-95 RESOLVED, that having considered Opinion No 95-1
submitted by the Department of Law, dated July 6, 1995, pursuant
to Council Resolution 222-95, the Council does hereby request
that a copy of this opinion be forwarded to Mr Joseph Garcia,
Karoub & Associates, 20325 Middlebelt, Livonia, Michigan 48152,
in connection with assistance he may be able to provide in
prompting legislative changes relative to adding charges such as
unpaid ambulance bills, building inspection fees and hwtaxdous
materials response costs to residents' tax bills as a lien
against their property; FURTHER, the Council does hereby refer
this subject to the Legislative Committee for monitoring
purposes
28947
On a motion by Kavanagh, seconded by Toy, and unanimously
adopted, it was
#535-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 5, 1995, approved
for submission by the Mayor, submitted pursuant to Council
Resolution 285-95, the Council does hereby approve the plans
submitted by the Engineering Department for the improvement of
the parking lots at Beverly Park and Ben Celani Recreation Area
at the McNamara-Bicentennial Park and does hereby authorize the
Finance Director and the Engineering Department to advertise and
seek competitive bids for completing such work; FURTHER, the
Council does hereby appropriate and authorize the expenditure of
a sum not to exceed $30, 150 00 from Fund 401 and a sum not to
exceed $35, 850 00 from the Unexpended Fund Balance, for a total
sum not to exceed $66, 000 00, for this purpose
From the audience, Ralph Williams, 18630 Foch, Livonia 48152,
spoke regarding the next agenda item
On a motion by Feenstra, seconded by Toy, it was
#536-95 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated July 7, 1995 on all matters required
by Section 3 08 060 of the Livonia Code of Ordinances, as
amended, and all owners of records of property subject to the
proposed special assessment district having submitted in writing
a "waiver of notice and proceedings" in accordance with Section
3 08 310 of said Code, and after careful consideration having
been given to all such matters, the Council does hereby, pursuant
to Section 3 08 080 of said Code
(1) accept and approve said statement in all respects;
(2) determine to make the road improvement consisting of a 28
foot wide 9" thick reinforced concrete pavement with
integral curbs and gutters (Alternate I) on Beacon Road,
east of Stark Road, Southeast 1/4 of Section 28, T 1 S , R 9
E , City of Livonia, Wayne County, Michigan, as described in
said statement; and to defray the cost of such improvement
by special assessment upon the property especially benefited
in proportion to the benefits derived or to be derived;
(3) approve the plans and specifications for said improvement as
set forth in said statement dated July 7, 1995;
(4) determine that the estimated cost .o.f such improvement is
$65, 550 00;
(5) determine that the cost of said improvement shall be paid
for in part by special assessment on the property benefited
thereby and in part by the City at large, in proportions
thereafter established;
28948
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall be 40% of
paving ($14, 720 00) and 100% of drainage ($28, 750 00) and
that the balance of said cost and expense of said public
improvement amounting to 60% of paving ($22, 080 00) shall be
borne and paid by special assessment on all lands and
premises in the special assessment district as herein
established in proportion to the benefits to be derived
therefrom;
(7) determine that the assessment made for such improvement may
be paid in fifteen (15) annual installments together with 6%
interest thereon on the unpaid balance;
(8) designate the assessment district, describing the land and
premises upon which special assessment shall be levied as
follows
A Special Assessment District in the S E 1/4 of Section 28,
T 1 S , R 9 E , City of Livonia, Wayne County, Michigan,
described as containing the property listed on the attached
Special Assessment Roll and shown on the attached Special
Assessment District Map
(9) that the City Assessor is hereby directed to prepare a
special assessment roll including all lots and parcels of
land within the above district designated by the Council and
to assess to each such lot or parcel of land such relative
portions of the whole sum to be levied against all lands in
the special assessment district as the special benefits to
such lots or parcels of land bear to the total benefit of
all land and also to enter upon such roll the amount which
has been assessed to the City at large, all in accordance
with the determination of the City Council; and
(10) that upon the completion of said roll the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3 08 100 of the Livonia Code of
Ordinances, as amended, of the City of Livonia and file the
same with the City Clerk who thereupon is directed to
present the same to the City Council
A roll call vote was taken on the foregoing resolution with the following
result
AYES Brosnan, Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS Xavanagh.
The President declared the resolution adopted
28949
On a motion by Jurcisin, seconded by Toy, it was
#537-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 6, 1995, which transmits
its resolution 6-129-95, adopted on June 27, 1995, with regard to
a Sign Permit Application, submitted by Kmart Corporation,
requesting approval for signage for the store located at 30255
Plymouth Road in the Northeast 1/4 of Section 35, the Council
does hereby concur in the recommendation of the Planning
Commission and approve the said sign permit application, subject
to the following condition
That the Sign Package by Kmart/Jerry Wargo, received by the
Planning Commission on May 31, 1995, is hereby approved and
shall be adhered to, except for the fact that the 14 sq ft
Kmart logo over the signage "Pharmacy, " "Garden Shop" and
"Auto Service" is to be eliminated
A roll call vote was taken on the foregoing resolution with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS Kavanagh and Brosnan
The President declared the resolution adopted
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was
#538-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 6, 1995, which transmits
its resolution 6-127-95 adopted on June 27, 1995, with regard to
Petition 95-6-8-12 submitted by Albert Abbo & Associates,
requesting approval of all plans in connection with a proposal to
construct a commercial center on property located at 31429
Schoolcraft Road in the Northwest 1/4 of Section 26, pursuant to
the provisions set forth in Section 18 58 of Zoning Ordinance No
543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 95-6-8-12
is hereby approved and granted, subject to the following
conditions
1 That the Site Plan, defined as Sheet No 1 dated June 27,
1995, as revised, by Albert Abbo & Associates is hereby
approved and shall be adhered to with the additional
condition that the light standard shall not exceed 20 feet;
2 That the parking spaces for the entire shopping center shall
be double stripped;
28950
3 That the Landscape Plan, defined as Project No 259-94 dated
6/15/95, by Albert Abbo & Associates is hereby approved and
shall be adhered to;
4 That the underground sprinklers are to be provided for all
landscaped and sodded lawn areas, and all planted materials
shall be installed prior to final inspection and thereafter
permanently maintained in a healthy condition;
5 That the Elevation Plan, defined as Sheet No 2 dated June
27, 1995, as revised, by Albert Abbo & Associates is hereby
approved and shall be adhered to, except for the fact that
the front and side exterior of the building shall be
constructed out of brick, and that the signage shall be
brought back for both Planning Commission and Council
approval;
6 That all roof-top mechanical units that can be seen by the
public shall be screened and painted a color to match the
building;
7 That the trash dumpster enclosure gates, when not in use,
shall be maintained and closed at all times;
8 That the sidewalk on Merriman Road shall be continued north
to the service drive; and
9 That the brick to be utilized shall be "French Gray" in
color
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
#539-95 RESOLVED, that having considered a communication from
the Department of Law, dated July 6, 1995, which submits a quit
claim deed for City-owned property located at 27570 Seven Mile
Road, Livonia, Michigan, the legal description of which is as
follows
The South 60 feet of the following described parcel
The West 253 ft of the East 629 ft of the South 173 ft of
the East 1/2 of the S E 1/4 of Section 1, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan (Seven Mile Road
Right-of-Way) Part of Tax Parcel No 004-99-0070-000
the Mayor and City Clerk are hereby authorized for and on behalf
of the City of Livonia to execute a quit claim deed to the County
of Wayne and such other documents as may be necessary or
incidental to fulfill the purpose of this resolution; and the
Department of Law is hereby requested to prepare and place in
proper form such legal documents as may be necessary to
consummate this transaction
28951
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
#540-95 RESOLVED, that having considered the report and
recommendation of the Personnel Director and the Chief of Police,
dated July 14, 1995, which bears the signature of the Finance
Director and is approved for submission by the Mayor, which
transmits a Letter of Understanding between the Livonia Police
Officers Association and the City of Livonia and a resolution
adopted by the Civil Service Commission on July 13, 1995, wherein
the Commission did recommend the establishment of the
classifications and rates of pay for Police Officer I and Police
Officer II, the Council does hereby concur in and approve of such
action and does hereby approve the Letter of Understanding in the
manner and form herein submitted; FURTHER, the Council does
hereby approve the request to begin recruitment of Police Officer
I at the proposed rate of pay effective immediately
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was
#541-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 1, 1995, which sets forth
its resolution 4-64-95 adopted on April 25, 1995, with regard to
Petition 95-2-6-1, submitted by the City Planning Commission to
determine whether or not to amend Sections 2 10 and 12 03 of the
Zoning Ordinance regarding detention facilities for adults and
children, and the Council having conducted a public hearing with
regard to this matter on Wednesday, July 12, 1995, pursuant to
Council Resolution 318-95, the Council does hereby refer this
matter to the Legislative Committee for its report and
recommendation
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#542-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 1, 1995, which sets forth
its resolution 4-64-95 adopted on April 25, 1995, with regard to
Petition 95-2-6-1, submitted by the City Planning Commission to
determine whether or not to amend Sections 2 10 and 12 03 of the
Zoning Ordinance regarding detention facilities for adults and
children, and the Council having conducted a public hearing with
regard to this matter on Wednesday, July 12, 1995, pursuant to
Council Resolution 318-95, the Council does hereby approve
Petition 95-2-6-1, as amended. for prPray-ation of the ordinance
for submission to Council; and the Department of Law is requested
to prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution
28952
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#543-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 1, 1995, which sets forth
its resolution 4-59-95 adopted on April 25, 1995, with regard to
Petition 95-3-6-2, submitted by the City Planning Commission to
determine whether or not to amend Section 15 03 of the ML
district removing a prohibition of general and professional
offices as permitted uses and Section 14 02 of the R-E district
to prohibit OS waiver uses in R-E districts, and the Council
having conducted a public hearing with regard to this matter on
Wednesday, July 12, 1995, pursuant to Council Resolution 318-95,
the Council does hereby approve Petition 95-3-6-2 for preparation
of the ordinance for submission to Council; 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 Jurcisin, seconded by Toy, and unanimously
adopted, it was
#544-95 RESOLVED, that having considered a communication dated
July 10, 1995, from the Department of Law transmitting for
Council acceptance two Grants of Easement, more particularly
described as
(1) Grant of Easement dated June 6, 1995, executed by Leo Soave,
President, Soave Building Company Inc , a Michigan
Corporation, to the City of Livonia, for
Sanitary Sewer Easement
A 10 00 foot wide private easement for the installation and
maintenance of sanitary sewer over the following parcel of
land
The East 10 00 feet of Lot 12 of Orangelawn Woods
Subdivision, as recorded in L 106, pages 39 and 40, Wayne
County Records, said subdivision being a part of the
Northeast 1/4 of Section 33, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan (Sidwell No
129-04-0012-000)
AND
(2) Grant of Easement dated June 6, 1995, executed by Leo Soave,
President, Soave Building Company Inc., a Michigan
Corporation, to the City of Livonia, for
Sanitary Sewer Easement
28953
A 10 00 foot wide private easement for the installation and
maintenance of sanitary sewer over the following parcel of
land
The West 10 00 feet of Lot 11 of Orangelawn Woods
Subdivision, as recorded in L 106, pages 39 and 40, Wayne
County Records, said subdivision being a part of the
Northeast 1/4 of Section 33, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan (Sidwell No
129-04-0011-000)
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
incidental to fulfill the purpose of this resolution
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
#545-95 RESOLVED, that having considered a communication from
the Director of Public Works, dated July 10, 1995, approved for
submission by the Mayor, the Council does, for and on behalf of
the City of Livonia, accept the donation of three park benches
from Waste Management of Michigan - Detroit North for use by the
Cleveland PTA at Cleveland School
On a motion by Jurcisin, seconded by Brosnan, and unanimously
adopted, it was
#546-95 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of items that do not appear on the
agenda
On a motion by Jurcisin, seconded by McGee, it was
#547-95 RESOLVED, that the Council does hereby rescind and
repeal Council Resolution 849-92, adopted on November 9, 1992,
which denied the request of Moeller Manufacturing Company to
obtain a 1974 P A 198 exemption for the transfer of facilities
from the City of Livonia to Plymouth Township
A roll call vote was taken on the foregoing resolution with the following
result
AYES Brosnan, Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS Kavanagh
The President declared the resolution adopted
28954
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#548-95 RESOLVED, that having considered a communication from
Dale A Jurcisin, Councilmember, dated July 19, 1995, the Council
does hereby refer the matter of additional monies which will be
coming to Livonia as a result of successful passage of the SMART
millage to the Finance, Insurance and Budget Committee for its
report and recommendation
On a motion by McGee, seconded by Brosnan, and unanimously
adopted, it was
#549-95 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from NYX
Incorporated, dated July 24, 1995, covering new industrial
facilities to be located within City of Livonia Industrial
Development District 22;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA
that it determines as follows
1 The City Clerk shall provide copies of the said Application
to the legislative bodies of the governmental units deriving
property taxes from the property which will be affected, as
required by Act 198, P A 1974, as amended
2 The City Clerk shall contact each of the affected taxing
units and, (i) indicate the Council's interest in this
matter, and (ii) assist these taxing units in collecting
such information as may be necessary to determine their
respective opinions on this Application and, (iii) advise
the said taxing units of this Council' s desire to hold a
hearing on this Application on Wednesday, September 6, 1995,
at 7 00 p m at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan
3 The Council hereby sets Wednesday, September 6, 1995, at
7 00 p m at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan, as the date, time and place for
conducting a hearing on said Application
Council President Taylor welcomed Tedd Schneider, reporter for
the Livonia Observer & Eccentric newspaper, who was present in the audience
back from vacation
28955
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, this 1,301st Regular Meeting of the Council of the City of Livonia
was adjourned at 9 05 p m , July 24, 1995
aIL
Roan McCotter, City Clerk