HomeMy WebLinkAboutCOUNCIL MINUTES 1995-01-30 28651
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTY-NINTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On January 30, 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 McGee delivered the
invocation
Roll was called with the following result Michael P McGee,
Sean P Kavanagh, Ron Ochala, Laura M Toy, Dale A Jurcisin, Fernon P
Feenstra, 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; John Fegan, Director of Inspection; Michael Slater,
Finance Director; Robert J Beckley, Director of Public Works; and Lee
Morrow, Planning Commission
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was
#57-95 RESOLVED, that the minutes of the 1,288th Regular
Meeting of the Council of the City of Livonia, held January 18,
1995, are hereby approved as corrected
During the audience communication portion of the meeting,
re-elected County Commissioner Thaddeus McCotter offered his support and
pledged his commitment to continue to work cooperatively with the City
Council
On a motion unanimously introduced, seconded and adopted, it was
#58-95 WHEREAS, Councilmember Ron Ochala has served the City
of Livonia from January 1, 1986 until January 31, 1995; and
WHEREAS, Councilmember Ron Ochala has been City Council Vice
President; and
WHEREAS, Councilmember Ron Ochala served as Chairperson and as a
member of the Legislative Committee; Finance and Insurance
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Committee; Streets, Roads, and Plats Committee; and City
Council/Schools Liaison Committee; and as a member of the Capital
Improvement Committee; and
WHEREAS, Councilmember Ron Ochala has served as the Director of
the Michigan Association of Realtors, the Director of the
Western-Wayne Oakland Board of Realtors, the Vice-Chairman and
Chairman of the State Board of Real Estate Brokers; and
WHEREAS, Councilmember Ron Ochala has served the City of Livonia
with compassion, understanding, fairness, and the dignity and
protocol symbolic of this office
NOW, THEREFORE, BE IT RESOLVED, that the Livonia City Council
does hereby recognize Councilmember Ron Ochala for his over nine
years of service for the betterment of the Livonia community and
wish him success in his future endeavors
On a motion unanimously introduced, seconded and adopted, it was
#59-95 WHEREAS, the Livonia Family YMCA will be celebrating
its 25th Anniversary, 25 years of serving the community and
offering the children of the community a wholesome, athletic
atmosphere to grow and develop; and
WHEREAS, the Livonia Family "Y" is planning its annual "INVEST
IN YOUTH" campaign; and
WHEREAS, it is desirable that the City become more aware of the
"Y" contributions to the community; and
WHEREAS, the "INVEST IN YOUTH" campaign further enables the "Y"
to continue to provide the community with
• Membership subsidies for financially-distressed families
• Day Camp for handicapped individuals
• Operation Water Safe
• Camp Scholarships
• After school programs for youngsters
NOW, THEREFORE, BE IT RESOLVED, that the Livonia City Council
endorses the designation of February as "Livonia Family YMCA
Invest in Youth" month and wholeheartedly supports the 1995
campaign
A communication from the Department of Law, dated January 19,
110 1995, re Henry Dudzinski v City of Livonia Department of Public Safety,
Chief of Police Lee B. Grieve, Lieutenant Gary Wood, Keeper of the Records/
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Freedom of Information Officer, Wayne County Circuit Court Case No 93-
312929 was received and placed on file for the information of the Council
On a motion by Kavanagh, seconded by McGee, it was
#60-95 RESOLVED, that having considered a communication from
the Mayor, dated January 16, 1995, and submitted pursuant to
Chapter VIII, Section 5 of the City Charter, the Council does
hereby consent to and approve of the reappointment of Mr Julian
Komarynski, 29490 Robert Drive, Livonia, Michigan 48150, to the
Board of Review for a term of three years commencing February 17,
1995 and expiring February 16, 1998, provided he takes the Oath
of Office as required in Chapter X, Section 2 of the City
Charter, to be administered by the City Clerk
A communication from the Inspection Department, dated January 10,
1995, re a report on the outside storage at the Smith Kellering Company,
29441 Eight Mile Road, Livonia, was received and placed on file for the
information of the Council (CR 867-94)
#61-95 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated January 4, 1995,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby authorize
the purchase of General tires from Tireman, 36591 Plymouth Road,
Livonia, Michigan 48150, at unit prices which are less than the
low State of Michigan bid price through December 31, 1996, and
the purchase of Goodyear tires under the State tire contract from
Goodyear, 19424 Middlebelt Road, Livonia, MI 48152, the same to
be appropriated and expended from Account 101-309-939-000;
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is
based upon the low State of Michigan contract (No GS 93-30945)
as well as for the additional reasons indicated in the aforesaid
communication; and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
#62-95 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing
Commission, dated January 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 Frigidaire Company,
6000 Perimeter Road, Dublin, OH 43017-3215, for supplying the
Housing Commission with 110 ranges, Frigidaire Model MEF 311 SB,
for the total price of $24, 200 00, the same having been in fact
the lowest bid received and meets all specifications; FURTHER,
the said amount is to be appropriated and expended from the
Silver Village Capital Outlay Account 296-831-987-000 for this
purpose
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#63-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 13,
1995, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and to which is attached
Amendment No 2 to the Rouge River National Wet Weather
Demonstration Project Grant Finance and Service Agreement, which
Agreement was previously authorized in Council Resolution 626-93,
adopted on August 16, 1993, and which Amendment sets forth the
disbursement of the third Federal grant for construction costs,
and wherein it is recommended that the attached Amendment between
the City of Livonia and the County of Wayne be executed, the
Council does hereby authorize the Mayor and City Clerk, for and
on behalf of the City of Livonia, to execute the said Agreement,
as well as to do all other things necessary or incidental to the
full performance of this resolution
#64-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 10, 1995,
approved for submission by the Mayor, and a communication from
the Camborne Subdivision Homeowners Association, dated January 4,
1995, the Council does hereby authorize the release to William L
Roskelly, 16211 Ryland, Redford, Michigan 48239, the proprietor
of Camborne Subdivision, located in the East 1/2 of Section 15,
of the financial assurances previously deposited pursuant to
Council Resolution 528-85 adopted on June 26, 1985, and
subsequently amended by Council Resolution 1066-85 adopted on
December 2, 1985, specifically
a) General Improvement Bond - $27, 500 00 ($5,000 00 minimum
cash)
b) Grading and Soil Erosion Control - $4, 500 00 ($2, 000 00
minimum cash) ;
c) Entrance Markers-Landscaping - $4, 000 00 ($1, 000 00 minimum
cash) ; and
d) Monuments and Markers - $1, 875 00 (all cash) ;
and the action herein being taken is for the reasons indicated in
the aforementioned report of the City Engineer that all these
improvements have been satisfactorily installed in accordance
with the rules and regulations and ordinances of the City of
Livonia; FURTHER, the Council does hereby waive the requirement
for a hose outlet within the island area of this subdivision in
accordance with the provisions of Section 16 24 340 of the
Livonia Code of Ordinances, as amended
#65-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 27, 1994,
approved for submission by the Mayor, the Council does hereby
amend Item No 7 of Council Resolution 303-94, adopted on April
27, 1994, so as to reduce the financial assurances now on deposit
with the City for General Improvements in Camborne Pines Subdivi-
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sion located in the Northwest 1/4 of Section 13 to $3, 500 00, of
which at least $2, 000 00 shall be in cash, to cover the cost of
remaining General Improvements in said subdivision, and the
financial assurances now on deposit with the City, if any, shall
be reduced accordingly; FURTHER, the Council does hereby
authorize the release to William L Roskelly, 33177 Schoolcraft,
Livonia, Michigan 48150, the proprietor of Camborne Pines
Subdivision located in the Northwest 1/4 of Section 13 of the
financial assurances previously deposited with respect to the
Survey Monument and Lot Marker Bond in the sum of $730 00;
FURTHER, all other financial assurances now on deposit with the
City, if any, with respect to this subdivision shall remain the
same and unchanged; and the action herein being taken is for the
reasons indicated in the aforementioned report of the City
Engineer that these improvements have been satisfactorily
installed in accordance with the rules and regulations and
ordinances of the City of Livonia
#66-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 4, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, with respect to the relocation of
certain facilities and related work by the Detroit Edison Company
in connection with the Merriman Road Grade Separation Project,
the Council does hereby appropriate and authorize the expenditure
of the sum of $52, 098 50 from the $12 Million General Obligation
Bond Issue for purposes of reimbursing the Detroit Edison Company
for the removal of the existing street lighting system, providing
temporary lighting of the bypass road and preparing an existing
120 K V transmission line for periodic shutdowns, all of said
work to be completed in connection with the Merriman Road Grade
Separation Project
#67-95 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated August 29, 1994 and the
report and recommendation of the Chief of Police, dated October
27, 1994, approved for submission by the Mayor, the Council does
hereby approve of the request from Bottles & Stuff II for
transfer of ownership of a 1991 SDD license only with Sunday
Sales (in escrow) from Metro Vest, Inc and transfer location of
the business from 18975 Middlebelt, Livonia, Michigan 48152,
Wayne County, to a business located at 15365 Newburgh Road,
Livonia, Michigan 48154, Wayne County, to be held in conjunction
with an existing 1994 SDM licensed business; and the City Clerk
is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
#68-95 RESOLVED, that having considered a communication from
Councilmember Dale Jurcisin, dated January 18, 1995, regarding
State legislation adding ferrets to the list of government-
approved pets, the Council does hereby refer this subject and the
question of whether or not the appropriate City ordinances
require amendment to the Legislative Committee for its report and
recommendation
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#69-95 RESOLVED, that having considered a communication from
Council President Gerald Taylor, dated January 18, 1995,
concerning flooding problems in the area of Botsford Elementary
School, and a communication from the Mayor, dated January 11,
1995, to which is attached a petition signed by several residents
in the surrounding area requesting that the City and school
district address this problem, the Council does hereby refer this
item to the Water, Sewer and Waste Committee for its report and
recommendation
A roll call vote was taken on the foregoing resolutions with the following
result
AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and
Taylor
NAYS None
McGee gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 050 AND 060 OF TITLE 13,
CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of
lipOrdinances 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
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 2, CHAPTER 26
(INSPECTION DEPARTMENT) 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
Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP OF THE
CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO
543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 94-9-1-20)
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A roll call vote was taken on the foregoing Ordinance with the following
result
AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Jurcisin, seconded by McGee, it was
#70-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 13,
1995, which bears the signature of the Finance Director and is
approved for submission by the Mayor, the Council does hereby
authorize the purchase of four (4) 1995 Oldsmobile Ciera "S"
sedans from Team One Chevrolet Oldsmobile, 1616 Lansing Road,
Charlotte, Michigan 48813, in the amount of $12, 815 00 each plus
$81 25 for delivery, for a total price of $51, 585 00, the same to
be appropriated and expended from Account No 101-446-985-000;
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is
based upon the low State of Michigan bid price for 1995 passenger
cars, as well as for the additional reasons indicated in the
aforesaid communication; and such action is taken in accordance
with the provisions set forth in Section 3 04 140D4 of the
Livonia Code of Ordinances, as amended
A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Kavanagh, Ochala, Jurcisin, Feenstra, and Taylor
NAYS Toy
The President declared the resolution adopted
On a motion by McGee, seconded by Ochala, it was
RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 9, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, and the report and recommendation of the
Department of Law, dated January 23, 1995, approved for
submission by the Mayor, submitted pursuant to Council Resolution
Itta 609-94 with respect to problems at the dead end of Allen Avenue
and Eckles Road (Tiffany Park Subdivision) , the Council does
hereby authorize and agree to the following
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1) That the Engineering Department prepare plans and
specifications and go out for bids for the paving of Eckles
Road during the 1995 construction season;
2) That the City handle all engineering and contract
administration work;
3) That the City assume 50% (estimated to be $100,000) of the
construction cost of this project;
4) That the City agrees to assume jurisdiction of Eckles Road
between Five Mile Road and 1-96 after the project is
completed; and
5) That, in order to pay the contractor, the sum of $200,000 00
shall be advanced from the Michigan Transportation Fund
(Major Road Account) with 50% of said amount (estimated to
be $100, 000 00) to be reimbursed to said fund from the
monies received from Wayne County
On a motion by Feenstra, seconded by Kavanagh, it was
RESOLVED, that the City Council does hereby determine,
in lieu of the foregoing resolution, to substitute the following
RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 9, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, and the report and recommendation of the
Department of Law, dated January 23, 1995, approved for
submission by the Mayor, submitted pursuant to Council Resolution
609-94 with respect to problems at the dead end of Allen Avenue
and Eckles Road (Tiffany Park Subdivision) , the Council does
hereby authorize the Engineering Department to prepare plans and
specifications and to go out for bids for the paving of the
T-turnaround on Eckles Road south of Allen Avenue subject to the
approval of Wayne County, with the City of Livonia to be
responsible for all engineering and contract administration work;
FURTHER, the Council does hereby refer the subject of the paving
of the remainder of Eckles Road and whether the City should agree
to assume jurisdiction of Eckles between Five Mile Road and 1-96
to the Committee of the Whole for its report and recommendation
A roll call vote was taken on the motion to substitute as follows
AYES Kavanagh, Toy, Feenstra, and Taylor
NAYS McGee, Ochala, and Jurcisin
The President declared the motion to substitute adopted
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
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#71-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 9, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, and the report and recommendation of the
Department of Law, dated January 23, 1995, approved for
submission by the Mayor, submitted pursuant to Council Resolution
609-94 with respect to problems at the dead end of Allen Avenue
and Eckles Road (Tiffany Park Subdivision) , the Council does
hereby authorize the Engineering Department to prepare plans and
specifications and to go out for bids for the paving of the
T-turnaround on Eckles Road south of Allen Avenue subject to the
approval of Wayne County, with the City of Livonia to be
responsible for all engineering and contract administration work;
FURTHER, the Council does hereby refer the subject of the paving
of the remainder of Eckles Road and whether the City should agree
to assume jurisdiction of Eckles between Five Mile Road and 1-96
to the Committee of the Whole for its report and recommendation
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was
#72-95 RESOLVED, that having considered the report and
recommendation of the Mayor, dated January 19, 1995, the Council
does hereby accept the offer of Woodhaven of Livonia to exchange
City-owned property located north of Five Mile and west of Hidden
Lane described as
The West 360 0 feet of the South 1/2 of the N E 1/4 of the
SE 1/4 of Section 14, T 1S , R 9E , City of Livonia,
Wayne County, Michigan, except the North 331 06 feet thereof
for the sum of $35, 000 00 in cash and Woodhaven deed to the City
of Livonia property described as
The South 468 57 feet of the North 1812 64 feet of the East
15 acres of the West 1/2 of the Southeast 1/4 of Section 14,
T 1 S , R 9 E , 2 70 acres
and that the cost of all title work be borne by grantees and the
deed to contain a restriction that the grantees and its
successors will not use Hidden Lane for vehicular access; the
action herein is being taken in order to serve the interests of
the community; and the Mayor and City Clerk are hereby authorized
for and on behalf of the City of Livonia to execute a quit claim
deed and such other documents as may be necessary or incidental
to fulfill the purpose of this resolution; and the Department of
Law is hereby requested to prepare and place in proper form such
legal documents as may be necessary to consummate this
transaction
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
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#73-95 RESOLVED, that having considered a communication from
the Department of Law, dated January 18, 1995, transmitting for
Council acceptance a Quit Claim Deed, dated January 9, 1995,
executed by Albert Kief, a single man, for property described as
follows
The West 33 feet of the following described parcel of land
Part of the S W 1/4 of Section 19, T 1 S , R 9 E , City
of Livonia, Wayne County, Michigan, beginning South 0° 18'
00" West, 274 43 feet from the West 1/4 corner of Section
19; thence South 89° 06' 00" East, 220 16 feet; thence South
0° 18' 00" West, 100 feet; thence North 89° 06' 00" West,
220 16 feet; thence North 0° 18' 00" East, 100 feet to the
point of beginning (Eckles Road right-of-way)
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Quit Claim Deed; 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 McGee, seconded by Jurcisin, and unanimously
adopted, it was
law #74-95 RESOLVED, that having considered a communication dated
January 19, 1995, from the Department of Law transmitting for
Council acceptance three Grants of Easement, more particularly
described as
(1) Grant of Easement dated October 6, 1994, executed by Jeffrey
M Winkler, a single man, to the City of Livonia, for
A 12 foot wide easement described as follows
That part of the S W 1/4 of Section 32, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point distant East 764 4 feet and North 298
feet from the S W corner of Section 32, proceeding thence
North 12 feet; thence West 75 feet; thence South 12 feet;
thence East 75 feet to the point of beginning (Sidwell No
126-01-0748-008)
AND
(2) Grant of Easement dated November 1, 1994, executed by Dale
V Mickelson and Thelma Mickelson, his wife, to the City of
Livonia, for
A 12 foot wide easement described as follows
That part of the S W 1/4 of Section 32, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, described as
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beginning at a point distant East 904 4 feet and North 298
feet from the S W corner of Section 32, proceeding thence
North 12 feet; thence West 140 feet; thence South 12 feet;
thence East 140 feet to the point of beginning (Sidwell
No 126-01-074B-005)
AND
(3) Grant of Easement dated October 3, 1994, executed by Jane E
Bancuk to the City of Livonia, for
A 12 foot wide easement described as follows
That part of the S W 1/4 of Section 32, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point distant East 689 4 feet and North 298
feet from the S W corner of Section 32, proceeding thence
North 12 feet; thence West 10 feet; thence South 12 feet;
thence East 10 feet to the point of beginning (Sidwell No
126-01-0748-009)
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 Ochala, seconded by Jurcisin, and unanimously
adopted, it was:
#75-95 RESOLVED, that having considered a communication from
the Director of Community Resources, dated January 10, 1995,
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 donation in the amount of $250 00 from the
Livonia Rotary Charitable Foundation 12-91 to the Livonia Youth
Assistance Program and does for this purpose deposit and credit
the same to Account No 702-000-285-215
On a motion by Kavanagh, seconded by Ochala, and unanimously
adopted, it was
#76-95 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 Kavanagh, seconded by Jurcisin, it was
#77-95 RESOLVED, the Council does hereby refer the matter of
the graffiti on the wall abutting the 1-275 freeway at Hix and
Schoolcraft and the possibility of requiring the State of
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Michigan, as the property owner, to remove such graffiti to the
Inspection Department for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Kavanagh, Toy, and Jurcisin
NAYS Ochala, Feenstra, and Taylor
The President declared the resolution adopted
There was no audience communication at the end of the meeting
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, this 1,289th Regular Meeting of the Council of the City of Livonia
was adjourned at 8 59 p m , January 30, 1995
OM 0 )7)/44_,J3)Orbi;
i.:n McCotter, City Clerk