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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-04-27 28204 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SEVENTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 27, 1994, 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 08 p m Councilmember Toy delivered the invocation Councilmember Toy invited those present and in the viewing audience to observe a moment of silence in memory of former President Richard M Nixon, who passed away on Friday, April 22, 1994 Roll was called with the following result Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, Ron Ochala, and Gerald Taylor Absent None Elected and appointed officials present Raul Galindo, City Engineer; John Nagy, City Planner; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; Gerald Sabo, Assistant Chief Accountant; Robert J Beckley, Director of Public Works; Edith Davis, Personnel Director; Jeanne Treff, Cable Television Director; and Linda Sparkman, Accountant II On a motion by Kavanagh, seconded by Ochala, and unanimously adopted, it was #286-94 RESOLVED, that the minutes of the 1,270th Regular Meeting of the Council of the City of Livonia, held April 13, 1994, are hereby approved as submitted During the audience communication portion of the meeting, Gus Tawil, 18830 Nola, addressed the topic of term limitations A communication from the Department of Finance, dated April 8, 1994, re various financial statements of the City of Livonia for the month ending February 28, 1994, was received and placed on file for the information of the Council 28205 On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was #287-94 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 20, 1994, and submitted pursuant to Council Resolution 44-94, in connection with a request of Councilmember Fernon P Feenstra, concerning the naming and designation of a park site in accordance with Chapter 12 16 of the Livonia Code of Ordinances, as amended, the Council does hereby request that the Department of Law prepare for submission to Council an amendment to Subsection 14 of Section 12 16 010, the purpose of which is to rename the "Rosedale Gardens Park" to the "Judge James E Mies Park " The Council acknowledged Judge James Mies, his wife Pat, his family members, as well as Federal Judge Patrick Duggan, his wife Joan, former Councilmember Jerry Brown, and his wife Sharron, who were in attendance at the meeting On a motion by Kavanagh, seconded by McGee, it was A communication from Robert L Prescott, Director of Public Housing Division, U S Department of Housing and Urban Development, Detroit Office, dated April 11, 1994, re presentation of a "Certificate of High Performance" to the Livonia Housing Commission by the U S Department of Housing and Urban Development (HUD) , was received and placed on file for the information of the Council #288-94 RESOLVED, that having considered an application from Kathleen A Fitzgerald, 9917 Cranston, dated April 6, 1994, requesting permission to close that portion of Cranston Avenue between Elmira and Orangelawn on Monday, May 30, 1994, from 12 00 noon until 8 00 p m , for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department #289-94 RESOLVED, that having considered an application from Billie Nagi, 9150 Harrison, dated March 30, 1994, requesting permission to close Grandon Road between Brentwood and Harrison on Saturday, June 11, 1994, from 3 00 p m until 9 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, June 18, 1994, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department 28206 #290-94 WHEREAS, House Bill 5302, which was introduced by Representative Harold Voorhees and 38 co-sponsors, passed the State House of Representatives by a vote of 102-0; and WHEREAS, this bill requires state reimbursement for local election costs for a statewide election on a proposed constitutional amendment; and WHEREAS, a local unit would be reimbursed for the special election costs even if it was also conducting a local special election; and WHEREAS, there is similar proposed legislation now pending in the Senate Appropriations Committee; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia takes this means to declare its support of the foregoing legislation, and to urge its early adoption; and the City Clerk is hereby requested to forward a certified copy of this resolution to the local State Representative, State Senator and to all members of the Senate Appropriations Committee #291-94 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated March 18, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby authorize the renewal of the annual service contract between the Fire Department and the Physio-Control Corporation, 11811 Willows Road Northeast, Post Office Box 97006, Redmond, WA 98073-9706, for the regular maintenance on the Fire Department's five EMT-D defibrillators, for a total cost of $3, 696 00, the the period March 1, 1994 through February 28, 1995 only; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #292-94 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 28, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby accept the bid of Tee' s Plus Screen/Printing, 115 Poheganut Drive, Groton, CT 06340, for supplying the Police Division with 2, 000 DAR E T-shirts for a price of $7,376 00, the same having been in fact the lowest bid received which meets all specifications #293-94 RESOLVED, that having considered a communication from the Chief of Police, dated April 11, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby authorize an extension of the current AFIS (Automated Fingerprint Identification System) contract between the City of Livonia and the Michigan State Police, which agreement deals with the lease/purchase of AFIS equipment, modems, maintenance and communication costs; and the Council does in this regard hereby authorize the current billing submitted in the amount of 28207 $8, 884 83, as well as authorize expenditures in this regard to be made through fiscal 1996 from funds appropriated for this purpose; and the Council does hereby authorize the Mayor and the City Clerk, for and on behalf of the City of Livonia to execute the agreement extending the current AFIS contract as authorized herein; FURTHER, the Council does hereby authorize this item without competitive bidding in accordance with Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #294-94 RESOLVED, that having considered the report and recommendation from the Executive Director of the Housing Commission, dated April 5, 1994, approved for submission by the Mayor, to which is attached HUD letters indicating a new contract, budget authority and an Annual Contributions Contract to fund Section 8 Vouchers for a new four-year period, the Council does hereby approve the said contract and authorize Section 8 Voucher renewal funding and authorize the Housing Commission to execute the HUD Annual Contributions Contract amendments in the manner and form herein submitted #295-94 RESOLVED, that having considered the report and recommendation of the Executive Director of the Housing Commission, dated April 11, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby authorize the purchase of ninety (90) refrigerators, Frigidaire Model WRT 15 CGA, from Frigidaire Builder Sales, 6000 Perimeter Road, Dublin, Ohio 43017-3215, for a total price of $28, 080 00, the said amount to be appropriated and expended from the Silver Village Capital Outlay Account No 296-831-982-000 for this purpose; FURTHER, the Council does hereby authorize the said purchase without competitive bidding in accordance with Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #296-94 RESOLVED, that having considered the report and recommendation of the Mayor, dated April 7, 1994, wherein it is recommended that the following salary range be established for the position of Director of Finance, with five steps to maximum Step 1 $57,179 20 Step 1 5 58,323 20 Step 2 59,446 40 Step 3 61, 817 60 Step 4 64, 334 40 Step 5 66, 892 80 the Council does hereby concur in and approve of this action #297-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 11, 1994, approved by the Finance Department and approved for submission by the Mayor, the Council does hereby accept the bid of Karl Kuemmerling, Inc , 129 Edgewater Avenue, N W , Massillon, Ohio 44646, for supplying the Public Service Division (Forestry Section) with two (2) 16" trailer-mounted brush chippers for a 28208 net price of $20,474 00, based on a total price of $30,474 00 less trade-ins of $10, 000 00, the same having been in fact the lowest bid received and meets all specifications #298-94 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated April 12, 1994, approved by the Finance Department and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Enviro Vac Services, Inc , 1755 Austin Avenue, Troy, Michigan 48083, for completing all work required for underground storage tank removal at Fire Station #1 for a total estimated cost of $7, 068 00, and same having been in fact the lowest bid received and meets all specifications; and the Director of Public Works is hereby authorized to approve a change order, if required, up to $1,500 00; and the Council does hereby authorize the Mayor and the City Clerk, for and on behalf of the City of Livonia, to execute the said agreement with the aforesaid bidder as well as to do all other things necessary or incidental to the full performance of this resolution #299-94 RESOLVED, that having considered the report and recommendation of the Finance Department, dated April 11, 1994, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, to which is attached a proposed Perpetual Care Fund Escrow Agreement for the City' s landfill site, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement with First of America Bank, 1001 South Worth, Birmingham, Michigan 48009-6943, for a sum in the amount of $3, 750 00; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Sections 3 04 140D2, 4 and 5 of the Livonia Code of Ordinances, as amended A report and recommendation from the Department of Law, dated March 29, 1994, re Ordinance provisions pertaining to the maintenance of commercial property was received and placed on file for the information of the Council (CR 979-93) #300-94 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Inspection, dated March 30, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby accept the unit bid price of A & D Contracting, Inc , 5849 Vivian, Taylor, Michigan 48180, for the 1994 Weed Cutting Program for the estimated total cost of $13, 800 00 based upon the Inspection Department's estimate of Lunits 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 which meets specifications for 28209 this item; and the Council does hereby reject the bid of Pritula & Sons Excavating for the reasons indicated in the aforesaid Communication; and the Council does hereby authorize an advance in the contract amount from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as he completes the work, with the provision that the Municipal Refuse Fund Account be reimbursed as bills for weed cutting are collected; and the Director of Inspection is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and the 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 #301-94 RESOLVED, that having considered a communication from the City Engineer, dated March 23, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, to which is attached a list of sidewalks requiring installation, said list being included herein by reference, and for the reasons stated, the Council does hereby require the respective owners of the lots and premises referred to in said list to install sidewalks 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 compete said sidewalk work no later than June 1, 1994, after which date the Engineering Department shall arrange for the construction of said sidewalks as a change order to the 1994 Sidewalk Program contract; FURTHER, in order to make payments to the contractor, it is recommended that the Council authorize an advance in the amount of $4, 725 85 from the $12 Million General Obligation Road Improvement Bond Issue with the provision that this bond issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are subsequently received from the payment of bills and assessments by affected property owners, and the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140D 5 of the Livonia Code of Ordinances, as amended #302-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 23, 1994, approved for submission by the Mayor, the Council does hereby authorize the release to Ashley Construction, 34525 Glendale, Livonia, Michigan 48150, the proprietor of the Fox Run Estates Subdivision, located in the Southeast 1/4 of Section 20, of the financial assurances previously deposited with respect to the General Improvement Bond ($3,000 00 cash) , the Sidewalk Bond ($6, 600 00 of which $2, 000 00 is cash) , the Grading and Soil Erosion Bond ($2,000 00 cash) , and the Cash Bond ($480 00) relating to survey documents and markers, pursuant to Council Resolution 842-89, adopted on September 6, 1989, and subsequently amended by Council Resolutions 1142-89 and 605-90; FURTHER, all other financial assurances now on deposit with the City, if any, 2821 0 with respect to this subdivision shall remain the same and unchanged; and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia #303-94 RESOLVED, that Basney & Smith, Inc , 33177 Schoolcraft Road, Livonia, MI 48150, as proprietors, having requested the City Council to approve the proposed revised preliminary plat of the following subdivision Camborne Pines Subdivision, to be located on the south side of Six Mile Road between Harrison Avenue and Savoie in the Northwest 1/4 of Section 13, City of Livonia, Wayne County, Michigan, the said proposed revised preliminary plat being dated November 22, 1993; and it further appearing that tentative approval of such revised preliminary plat was given by the City Planning Commission, after due notice and a public hearing on October 26, 1993; and it further appearing that such revised preliminary plat, together with development plans and specification for improvements therein have been examined and approved by the Engineering Department as is set forth in the report of that department dated April 11, 1994; therefore, the City Council does hereby approve of the said revised preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be Lconstructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 24 370 of the said Subdivision Control Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; 28211 (5) That the final true record plat of the aforesaid subdivision 16 shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statue, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; (7) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts A General Improvement Bond $206, 000 00 of which at least $10, 000 00 shall be in cash B Grading & Soil Erosion $3, 000 00 cash C Entrance Markers $7, 500 00 of which at least $2,000 00 shall be in cash D Monuments & Lot Markers $ 730 00 (all cash) and require cash payments in the total amount of $17, 300 00 In addition, distribution lines for telephone and electric services are to be placed underground and ornamental street lights are to be provided throughout the subdivision #304-94 WHEREAS, the City of Livonia has received an application from the Kelsey-Hayes Company, 38481 Huron River Drive, Romulus, Michigan 48174, dated April 12, 1994, for a transfer of the tax abatement previously granted to Borg-Warner Automotive, Inc on May 18, 1988, in Council Resolution 466-88, for 12 years, for a facility located at 12000 Tech Center Drive, Livonia, Michigan 48150, which is located in City of Livonia Industrial Development District No 46; lio NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 2821 2 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving Lproperty 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 of this Application and, (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Wednesday, June 1, 1994, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Wednesday, June 1, 1994, 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 Toy, Jurcisin, Feenstra, McGee, Kavanagh, Ochala, and Taylor NAYS None On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #305-94 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated April 11, 1994, and submitted pursuant to Council Resolution 263-92, in connection with a communication from Councilmember Fernon P Feenstra, dated March 13, 1992, to which is attached a communication with documentation from the President of Botsford General Hospital, dated March 6, 1992, in connection with a proposed medical liability reform legislation contained in HB 5434 and HB 5435, the Council does hereby determine to take no further action On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #306-94 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated LApril 11, 1994, and submitted pursuant to Council Resolution 287-93, in connection with the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated March 31, 1993, which is approved by the Director 2821 3 of Finance and is approved for submission by the Mayor, with ILN regard to the replacement of motor vehicles through the State Bid Process, and the question of "carrying over" budgeted funds from prior years to be spent in subsequent years, the Council does hereby determine to take no further action On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #307-94 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated April 11, 1994, and submitted pursuant to Council Resolution 405-93, in connection with the report and recommendation of the Director of Finance, dated April 21, 1993, approved for submission by the Mayor, to which is attached fiscal year 1993 interim budget adjustments for the first quarter of the current City budget ending November 30, 1993, the Council does hereby determine to take no further action On a motion by Ochala, seconded by Feenstra, it was #308-94 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated April 19, 1994, and submitted pursuant to Council Resolution 229-94, in connection with a letter from Mr James C McCann, dated March lim 24, 1994, submitted in behalf of JTL, Inc d/b/a/ Tavern on the Green, wherein it is indicated that the said Tavern on the Green is in the process of being sold (which requires approval in accordance with Section 5 3 of the sublease agreement) and which further requests discussions for the purpose of resolving current outstanding unpaid obligations, and having also considered the report and recommendation of the Finance Department, dated April 15, 1994, approved for submission by the Mayor, the Council does hereby determine that the tenant shall be required to pay a lump sum of $12, 000 in full settlement of the outstanding excess of minimum rental charges for the period March 1, 1992 through February 28, 1994, as well as for outstanding interest on unpaid obligations for that period of time, and to require further that the tenant shall make payment of the utility charges on the adjusted basis as set forth in the recommendation of the Finance Department dated April 15, 1994 A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, and Taylor NAYS Toy The President declared the resolution adopted 28214 Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 5 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 90-11-1-31) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Ochala gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 23 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 93-8-1-12) 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 Kavanagh gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 94-2-3-2) 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 290 OF TITLE 6, CHAPTER 04 (DOGS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 28215 A roll call vote was taken on the foregoing Ordinance with the following result AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, Ochala, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 210 OF TITLE 6, CHAPTER 06 (CATS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, Ochala, and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Ochala, seconded by Toy, and unanimously adopted, it was #309-94 RESOLVED, that having considered a communication from the City Assessor, dated March 21, 1994, approved for submission by the Mayor, with regard to a request from Leo Soave, 34822 Pembroke, Livonia, Michigan 48152, on behalf of Jerald Van Hillemont, 1200 Buhl Building, Detroit, Michigan 48226, and having also considered a letter from Mr Leo Soave, dated April 21, 1994, to which is attached a revised layout plan and Certificate of Survey, dated April 21, 1994, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46 024 99 0015 000 into four parcels, the legal descriptions of which shall read as follows 28216 PARCEL "A" Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the south 1/4 corner of said Section 6; thence N 88° 03' 03" E 989 69 feet along the south line of said Section 6; thence N 01° 41' 47" W 732 00 feet to the Point of Beginning; thence N 01° 41' 47" W 398 00 feet; thence N 88° 03' 03" E 164 83 feet; thence S 01° 43' 00" E 398 00 feet; thence S 88° 03' 03" W 164 98 feet to the Point of Beginning Subject to the right-of- way for Northland Drive along the north 25 00 feet thereof Containing - 65, 632 sq ft (1 507 acres) PARCEL "B" Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the south 1/4 corner of said Section 6; thence N 88° 03' 03" E 989 69 feet along the south line of said Section 6; thence N 01° 41' 47" W 1130 00 feet; thence N 88° 03' 03" E 164 83 feet to the Point of Beginning; thence N 88° 03' 03" E 82 40 feet; thence S 01° 43' 00" E 398 00 feet; thence S 88° 03' 03" W 82 40 feet; thence N 01° 43' 00" E 398 00 feet to the Point of Beginning Subject to the right-of-way for Northland Drive along the north 25 00 feet thereof Containing - 32, 795 sq ft (0 753 acres) PARCEL "C" Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the south 1/4 corner of said Section 6; thence N 88° 03' 03" E 989 69 feet along the south line of said Section 6; thence N 01° 41' 47" W 1130 00 feet; thence N 88° 03' 03" E 247 23 feet to the Point of Beginning; thence N 88° 03' 03" E 82 40 feet; thence S 01° 43' 00" E 398 00 feet; thence S 88° 03' 03" W 82 40 feet; thence N 01° 43' 00" E 398 00 feet to the Point of Beginning Subject to the right-of-way for Northland Drive along the north 25 00 feet thereof Containing - 32, 795 sq ft (0 753 acres) PARCEL "D" Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more fully described as commencing at the south 1/4 corner of said Section 6; thence N 88° 03' 03" E 989 69 feet along the south line of said Section 6; thence N 01° 41' 47" W 1130 00 feet; thence N 88° 03' 03" E 329 63 feet to the Point of Beginning; thence N 88° 03' 03" E 82 40 feet; thence S 01° 43' 00" E 398 00 feet; thence S 88° 03' 03" W 82 40 feet; thence N 01° 43' 00" E 398 00 feet to the Point of Beginning Subject to the right-of-way for Northland Drive along the north 25 00 feet thereof Containing - 32, 795 sq ft (0 753 acres) as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds 2821 7 On a motion by Toy, seconded by Kavanagh, it was #310-94 RESOLVED, that having considered Petition 94-3-3-3 submitted by Angelo Forest, 18505 Van Road, Livonia, Michigan 48152, and Zef Ivezaj , 18440 Van Road, Livonia, Michigan 48152, dated March 24, 1994, wherein a request is submitted for the vacating of Laurel Avenue south of Eight Mile Road between Lots 8 and 9 of the Fair Way 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 A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Jurcisin, McGee, Kavanagh, Ochala, and Taylor NAYS Feenstra The President declared the resolution adopted On a motion by McGee, seconded by Kavanagh, it was #311-94 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 11, 1994, approved by the Finance Department and approved for submission by the Mayor, and having also considered communications from the Director of Public Works, dated April 18, 1994 and April 25, 1994, the Council does hereby accept the bid of Suburban Building Maintenance, Inc , 19033 Gillman, Livonia, Michigan 48152, for providing the Public Service Division (Building Maintenance Section) with window cleaning service for the Livonia Municipal Administrative Building at a cost of $700 00 per cleaning, and the Civic Center Library at a cost of $1,290 00 per cleaning, the same having been in fact the lowest bid received and meets all specifications; FURTHER, in the event the aforesaid bidder in unable to perform, the Council does hereby accept the second lowest bids meeting specifications of National Window Cleaning & Maintenance Co , Inc , 3573 14th Street, Detroit, Michigan 48208, for providing window cleaning service for the Livonia Municipal Administrative Building at a cost of $1, 500 00 per cleaning; and White Owl Maintenance Co , 7255 Pontiac Trail, West Bloomfield, Michigan 48323, which also meets specifications, as an alternate to provide window cleaning service for the Civic Center Library at a cost of $1,800 00 per cleaning A roll call vote was taken on the foregoing resolution with the following result AYES Jurcisin, McGee, Kavanagh, Ochala, and Taylor NAYS Toy and Feenstra 28218 The President declared the resolution adopted McGee made the following disclosure respecting a conflict of interest on this matter Mr President, I have previously disclosed the existence of a conflict of interest with respect to this matter, and I therefore will abstain from any consideration of this agenda item I refer to my 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 38 p m On a motion by Feenstra, seconded by Toy, it was #312-94 WHEREAS, an Installment Purchase Agreement (the "Agreement") between the City of Livonia (the "City") , Smeal Fire Apparatus Co (the "Vendor") and NBD Bank, N A (the "Bank") for the purchase and delivery of a New Quad Combination Pumper, as set forth in the Vendor's Quotation dated August 11, 1993 (the "Equipment") has been prepared; and WHEREAS, the purchase price of the Equipment is $234, 740 (the "Purchase Price") ; and WHEREAS, pursuant to the Agreement, the City will pay the Purchase Price in ten (10) semi-annual installments, commencing on November 1, 1994, as will be specified in the Agreement (each, a "Payment Date") , with interest payable thereon at a rate equal to 5 15% per annum; and 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 $234,740, which Purchase Price shall be payable in ten (10) semi-annual installments with interest thereon at a rate of 5 15% per annum The installments of interest shall be payable semi-annually, commencing November 1, 1994 and installments of principal Los shall be payable semi-annually commencing November 1, 1994 2 The Mayor and City Clerk are hereby authorized and directed to execute the Agreement and deliver it to the Vendor, 28219 substantially in the form on file with the City Clerk with such additions, changes and modifications as shall be Lapproved by the City's Bond Counsel 3 The useful life of the Equipment is hereby determined to be not less than twenty (20) years 4 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 Vendor 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 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 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 Toy, Jurcisin, Feenstra, Kavanagh, Ochala, and Taylor NAYS None The President declared the resolution adopted 28220 McGee returned to the podium at 8 42 p m McGee gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION 29 AND REPEALING SUBSECTION 18 OF SECTION 170 OF TITLE 5, CHAPTER 03 (GENERAL LICENSING PROCEDURE) 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 Feenstra, seconded by Kavanagh, and unanimously adopted, it was #313-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 30, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of G V Cement Contracting Co , 13785 Monterey, Southgate, Michigan 48195, for the 1994 Concrete Pavement and Catch Basin Repair Program for the estimated total cost of $328, 135 00, based upon the Engineering Department's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices ' accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $328, 135 00 from the $12 Million General Obligation Road Improvement Bond Issue for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; 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 Kavanagh left the podium at 8 43 p m in order to avoid a perceived impropriety regarding the next Agenda item On a motion by Toy, seconded by Ochala, it was #314-94 RESOLVED, that having considered the report and recommendation of the City Engineer and the Housing Director, dated March 28, 1994, which bears the signature of the Finance Department and is approved for submission by the Mayor; wherein 28221 it is recommended that the City of Livonia construct a sidewalk on the north side of Lyndon Road between MetroVision of Livonia and Silver Village, at no cost to the property owners (Ka-De Investments) in return for the conveyance of the Lyndon Road right-of-way from the said owners (Ka-De Investments) , and which further recommends that the City construct a sidewalk in front of Silver Village, the cost of which work to be reimbursed from the Housing Commission, the Council does hereby authorize proceeding with this project on the basis herein recommended and does authorize the addition of this work to the 1994 Sidewalk Program; FURTHER, the Council does hereby authorize an advance in an amount not to exceed $2,700 00 from the $12 Million General Obligation Road Improvement Bond Issue, subject to reimbursement from the Housing Commission in this amount and $1, 800 00 from the Michigan Transportation Fund (Local Road Account) A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Jurcisin, Feenstra, McGee, Ochala, and Taylor NAYS None The President declared the resolution adopted Kavanagh returned to the podium at 8 44 p m On a motion by Kavanagh, seconded by Toy, and unanimously adopted, it was #315-94 RESOLVED, that having considered a communication from Councilmember Sean P Kavanagh, dated April 13, 1994, with regard to the issue of video machine/slot machine activity at Ladbroke/DRC, the Council does hereby request that the Legislative Committee submit its report and recommendation with regard to a non-binding referendum to be placed on the November, 1994 ballot, as well as request a report and recommendation on this item from the Capital Improvement Committee On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was #316-94 RESOLVED, that having considered the report and recommendation of the Mayor, dated April 13, 1994, wherein it is recommended that a General Fund Millage Proposal be placed on the ballot at the August, 1994 Primary Election, the Council does hereby refer this item to the Legislative Committee for its limreport and recommendation Ochala left the podium at 8 49 p m in order to avoid a perceived impropriety regarding the next Agenda item 28222 On a motion by Feenstra, seconded by Toy, it was #317-94 RESOLVED, that having considered a communication from the City Planning Commission, dated February 15, 1994, which sets forth its resolution 2-27-94, adopted on February 8, 1994, with regard to Petition 94-1-1-1, submitted by Darlene and Larry Cossin for a change of zoning on property located on the east side of Farmington Road between Pickford and Clarita Avenues in the Northwest 1/4 of Section 10, from OS to R-1, and the Council having conducted a public hearing with regard to this matter on April 11, 1994, pursuant to Council Resolution 115-94, the Council does hereby approve Petition 94-1-1-1 for preparation of the ordinance for submission to Council; 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 A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor NAYS None The President declared the resolution adopted Ochala returned to the podium at 8 50 p m On a motion by Feenstra, seconded by Toy, and unanimously adopted, it was #318-94 RESOLVED, that having considered a communication from the City Planning Commission, dated February 14, 1994, which sets forth its resolution 2-30-94, adopted on February 8, 1994, with regard to Petition 94-1-2-1, submitted by Gleno' s, Inc requesting waiver use approval for an SDM license in a proposed carry-out delicatessen to be located in an existing building on the southwest corner of Grand River Avenue and Inkster Road in the Northeast 1/4 of Section 1, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on April 11, 1994, pursuant to Council Resolution 116-94, and having also considered a report and recommendation of the Inspection Department, dated January 21, 1994, the Council does hereby refer this item to the next Regular Meeting of May 11, 1994 Kavanagh left the podium at 8 56 p m in order to avoid a perceived impropriety regarding the next Agenda item 28223 On a motion by Ochala, seconded by McGee, it was RESOLVED, that having considered a communication from the City Planning Commission, dated February 15, 1994, which sets forth its resolution 2-31-94, adopted on February 8, 1994, with regard to Petition 94-1-2-2 submitted by Building Committee, Inc requesting waiver use approval to construct a new credit union facility to be located on the south side of Five Mile Road between Levan and Golfview Drive in the Northeast 1/4 of Section 20, which property is zoned OS, and the Council having conducted a public hearing with regard to this matter on April 11, 1994, pursuant to Council Resolution 117-94, and having also considered a letter from F Patrick Devine, dated April 27, 1994 and a letter from the Building Committee, Inc , dated April 27, 1994, the Council does hereby reject the recommendation of the City Planning Commission and Petition 94-1-2-2 is hereby approved and granted with respect to the waiver use and the footprint of the building only, subject to the following conditions 1) The existing rear "greenbelt" as now indicated on the site plan will always remain a greenbelt and the petitioner will enter into a deed restriction, conservation easement or other legal instrument to prevent any future construction or usage of this land portion; 2) The property will be bermed on the south property line and thirty (30) feet of the eastern property line, and evergreens will be installed on the berm; 3) Parking spaces will be reduced by ten (10) spaces at the southeast corner, and said area will be landscaped; 4) That the drive-up teller stations shall be reduced from four (4) to three (3) ; 5) A reduction of the angle of drain water flow into the Bell Drain from its existing angle of discharge, and such drain shall be relocated to the furthest point downstream along the south property line; and 6) Water flow from the parking lot will be restricted according to City of Livonia engineering requirements so as to diminish any possible erosion effects On a motion by Toy, it was RESOLVED, that the Council does hereby refer the foregoing item to the Committee of the Whole for its report and recommendation The President declared the motion failed for lack of support A roll call vote was taken on the originally proposed resolution, as follows 28224 #319-94 RESOLVED, that having considered a communication from the City Planning Commission, dated February 15, 1994, which sets forth its resolution 2-31-94, adopted on February 8, 1994, with regard to Petition 94-1-2-2 submitted by Building Committee, Inc requesting waiver use approval to construct a new credit union facility to be located on the south side of Five Mile Road between Levan and Golfview Drive in the Northeast 1/4 of Section 20, which property is zoned OS, and the Council having conducted a public hearing with regard to this matter on April 11, 1994, pursuant to Council Resolution 117-94, and having also considered a letter from F Patrick Devine, dated April 27, 1994 and a letter from the Building Committee, Inc , dated April 27, 1994, the Council does hereby reject the recommendation of the City Planning Commission and Petition 94-1-2-2 is hereby approved and granted with respect to the waiver use and the footprint of the building only, subject to the following conditions 1) The existing rear "greenbelt" as now indicated on the site plan will always remain a greenbelt and the petitioner will enter into a deed restriction, conservation easement or other legal instrument to prevent any future construction or usage of this land portion; 2) The property will be bermed on the south property line and thirty (30) feet of the eastern property line, and 110 evergreens will be installed on the berm; 3) Parking spaces will be reduced by ten (10) spaces at the southeast corner, and said area will be landscaped; 4) That the drive-up teller stations shall be reduced from four (4) to three (3) ; 5) A reduction of the angle of drain water flow into the Bell Drain from its existing angle of discharge, and such drain shall be relocated to the furthest point downstream along the south property line; and 6) Water flow from the parking lot will be restricted according to City of Livonia engineering requirements so as to diminish any possible erosion effects with the following result AYES Jurcisin, Feenstra, McGee, and Ochala NAYS Toy and Taylor The President declared the resolution adopted Kavanagh returned to the podium at 10 00 p m 28225 On a motion by McGee, seconded by Ochala, and unanimously ligadopted, it was #320-94 RESOLVED, that the Council does hereby request that the Engineering Department and the Water Supply, Drainage, Sewage, and Waste Disposal Study Committee submit their respective reports and recommendations with regard to the erosion problem which may exist along the banks of the Bell Creek adjacent to residential property in the Rennolds' Ravines Subdivision On a motion by Feenstra, seconded by Ochala, it was #321-94 RESOLVED, that having considered a communication from the City Planning Commission, dated February 22, 1994, which sets forth its resolution 2-26-94, adopted on February 8, 1994, with regard to Petition 93-10-6-6, submitted by the City Planning Commission, pursuant to Council Resolution 727-93, to determine whether to amend Article XXI of the Zoning Ordinance so as to reduce the membership of the Zoning Board of Appeals from seven members to six members plus an additional alternate member, with all seven members serving on a rotating basis, and the Council having conducted a public hearing in regard to this matter on April 18, 1994, pursuant to Council Resolution 161-94, the Council does hereby approve Petition 93-10-6-6 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 A roll call vote was taken on the foregoing resolution with the following result AYES Toy, Feenstra, McGee, Ochala, and Taylor NAYS Jurcisin and Kavanagh The President declared the resolution adopted On a motion by Toy, seconded by Kavanagh, and unanimously adopted, it was #322-94 RESOLVED, that having received a Charter Amendment Initiative Petition submitted to the City Clerk from the Livonia Police Officers Association and Citizens Organized for Public Safety on April 4, 1994, the City Council does hereby direct, in accordance with the provisions of MCL 117 21, that the following question be placed on the August 2, 1994, Primary Election ballot 28226 CITY OF LIVONIA 160 PROPOSITION BALLOT CHARTER AMENDMENT Are you in favor of an amendment to the City Charter of the City of Livonia that will mandate the hiring and maintaining of 23 full-paid non-supervisory patrol officers in addition to the total number of full-paid non-supervisory police officers existing as of August 31, 1994 by an additional levy upon taxable property in the City of Livonia, each year commencing December 1, 1994, in an amount not to exceed one-half of one mill (50 cents per $1, 000 of State Equalized Valuation) ? YES NO On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was *323-94 RESOLVED, that having considered a communication from the Department of Law, dated April 4, 1994, submitted pursuant to Council Resolution 157-94, transmitting for Council acceptance a 160 Warranty Deed dated March 22, 1994, executed by United Homes, Inc , conveying to the City certain property described as follows Part of the Southwest 1/4 of Section 25, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 87° 13' East 1327 93 feet, thence North 02° 47' East 962 0 feet, thence South 77° 54' 10" West 155 76 feet from the Southwest corner of Section 25; thence North 87° 13' West 267 04 feet, thence South 02° 54' 30" West 71 0 feet, thence North 77° 54' 09" East 276 47 feet to the Point of Beginning (11812 Haller) (Tax Parcel No 099-99-0036-003) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Warranty 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 Toy, seconded by Jurcisin, and unanimously adopted, it was #324-94 RESOLVED, that having considered a communication dated April 11, 1994, from the Department of Law transmitting for { Council acceptance a Grant of Easement, more particularly described as 28227 Grant of Easement dated November 17, 1992, executed by John 10 D and Jean E Dinan, husband and wife, to the City of Livonia, for Sanitary Sewer Easement A 20 foot sanitary sewer easement whose centerline is described as beginning at a point distant South 00° 05' 40" East, 855 00 feet along the east line of said Section 6, and South 89° 38' 20" West, 1414 0 feet along a line parallel to the south section line and North 00° 05' 40" West, 35 00 feet from the East 1/4 corner of Section 6, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan and proceeding thence North 89° 38' 20" East, 127 00 feet; thence North 00° 05' 40" West, 240 00 feet to the point of ending Sidwell #024-99-0006-000 the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution No one wished to speak during the audience communication portion at the end of the meeting is On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, this 1,271st Regular Meeting of the Council of the City of Livonia was adjourned at 10 07 p m , April 27, 1994 tili. I a �� .0.11.!AI � n McCotter, City Clerk