HomeMy WebLinkAboutCOUNCIL MINUTES 1994-01-12 28043
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SIXTY-FOURTH
lipREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On January 12, 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 04 p m Councilmember Kavanagh delivered the
invocation
Roll was called with the following result * Sean P Kavanagh,
Ron Ochala, Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, and Gerald
Taylor Absent None (*Michael P McGee entered at 8 31 p m )
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;
James Andres, Chief Accountant, Ronald Reinke, Superintendent of Parks &
Recreation, Kevin Roney, Public Utility Manager; Yvonne Lillibridge,
President of AFSME Local 192; and Richard Cramb, Sr , Vice President of
AFSME Local 192
On a motion by Feenstra, seconded by Kavanagh, and unanimously*
adopted, it was
#1-94 RESOLVED, that the minutes of the 1, 263rd Regular
Meeting of the Council of the City of Livonia, held December 20,
1993, are hereby approved as submitted
*Councilmember Toy abstained from voting which is recorded as a "yes" vote
under the provisions of Section 2 04 190B of the Livonia Code of
Ordinances
Richard Cramb, Sr , Vice President of AFSME Local 192, spoke
during the audience communication portion of the meeting re problems/
concerns associated with foul weather gear for the Public Service Division
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Jon Lewis, 14046 Mayfield, Livonia, addressed his concern re
the small performing area he viewed during the Franklin High School Variety
Show during audience communication
Additionally, Yvonne Lillibridge, 11263 Stark Road, Livonia,
President of AFSME Local 192, addressed the need to order foul weather gear
sooner in the year, as well as the need for options in this clothing,
during audience communication
A communication from the Office of the Mayor, dated December 15,
1993, re City of Livonia Annual Report for the Fiscal Year 1992-1993 was
received and placed on file for the information of the Council
On a motion by Feenstra, seconded by Kavanagh, it was
A communication from Gloria Carlisle, President of the Board of
Education for Oakland Schools, dated December 15, 1993, re resolution of
lis the Board to levy 100% of the eligible property tax for general education,
special education, and vocational education for the fiscal year beginning
July 1, 1994, to be collected with the summer taxes, was received and
placed on file for the information of the Council
#2-94 RESOLVED, that having considered a letter from the
Executive Director of Southeast Michigan Council of Governments
(SEMCOG) , dated December 20, 1993, to which is attached an annual
membership notice from SEMCOG in the amount of $11, 130 00, for
the year beginning January 15, 1994, the Council does hereby
approve and authorize the payment of same
#3-94 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated December 2, 1993, approved for submission by the Finance
Department and the Mayor, and to which is attached a list of
recommended bids for the purchase of T-Shirts and related
paraphernalia for 1994, the Council does hereby concur in the
aforesaid recommendation and accept the unit price bids set forth
in the attachment from the recommended bidders inasmuch as the
same constitute the lowest bids received which meet
specifications for these items
(REVISED PAGE-SEE #CR7-94)
28045
#4-94 RESOLVED, that having considered the report and
lbw • recommendation of the Superintendent of Parks and Recreation,
dated December 2, 1993, approved for submission by the Finance
Department and the Mayor, and to which is attached a list of
recommended bidders for the purchase of athletic equipment for
1994, the Council does hereby concur in the aforesaid
recommendation and accept the unit price bids set forth in the
attachment from the recommended bidders inasmuch as the same
constitute the lowest bids received which meet specifications for
these items
#5-94 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated December 7, 1993,
which bears the signature of the Finance Department and is
approved for submission by the Mayor, and to which is attached a
five-year agreement dated December 1, 1993, between the Ford
Motor Company and the Livonia Police Department, regarding the
loan and evaluation of equipment supplied by Ford Motor Company
and tested on the department' s marked fleet, the Council does
hereby authorize the execution of the said agreement by the
Livonia Division of Police in the manner and form herein
submitted
#6-94 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated December 20, 1993,
which bears the signature of the Finance Department and is
approved for submission by the Mayor, the Council does hereby
authorize the purchase of a 1994 Caprice four-door Station Wagon
to be utilized by the newly formed Weighmaster unit from Buff
Whelan Chevrolet, 40445 Van Dyke, Sterling Heights, Michigan, for
a total price of $14, 132 28, the same to be appropriated and
expended from Account No 101-302-987-000; FURTHER, the Council
does hereby determine to authorize the said purchase without
competitive bidding inasmuch as the same is based upon the low
Oakland County bid price, as well as for the additional reasons
indicated in the aforesaid communication; and such action is
taken in accordance with the provisions set forth in Section
3 04 140D5 of the Livonia Code of Ordinances, as amended
#7-94 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated December 20, 1993,
which bears the signature of the Finance Department and is
approved for submission by the Mayor, the Council does hereby
accept the bid of Loadometer Corporation, 3-G Nashua Court,
Baltimore, Maryland 21221, for supplying the Division of Police
with wheel load scales (Weighmaster) for a total price of
$6, 500 00, the same having been in fact the lowest and only bid
received and meets all specifications; and the Council does
hereby appropriate and authorize the expenditure of the aforesaid
sum from Account No 101-302-987-000 for this purpose
#8-94 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and the Director of
Public Works, dated December 7, 1993, approved by the Finance
28046
Department and approved for submission by the Mayor, the Council
does hereby authorize the Mayor and City Clerk to execute the
following contracts
1) A one-year extension beginning December 1, 1993, of the
existing City Hall elevator maintenance contract with Millar
Elevator Service Company, 21420 Melrose Avenue, Southfield,
Michigan 48075, at the monthly rate of $650 94;
2) A one-year extension beginning December 1, 1993, of the
existing Civic Center Library elevator maintenance contract
with Otis Elevator Company, 25365 Interchange Court,
Farmington Hills, Michigan 48335-1021, at the monthly rate
of $397 59; and
3) A one-year extension beginning December 1, 1993, of the
existing Police Headquarters elevator maintenance contract
with Schindler Elevator Corporation, 24700 W Eleven Mile
Road, P 0 Box 700, Southfield, MI 48037-0700, at the
monthly rate of $149 35;
FURTHER, the Council does hereby authorize the aforesaid items
without competitive bidding in accordance with the provisions set
forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as
amended
lie #9-94 RESOLVED, that having considered the report and
recommendation of the Mayor, dated December 8, 1993, to which is
attached a copy of a report from the Director of Public Works
regarding the leaking diesel fuel tank behind Fire Station #1,
and the employment of the firm of GZA GeoEnvironmental, Inc to
provide consultant services on an emergency basis in accordance
with the requirements of the Michigan Department of Natural
Resources in the manner and form described in the aforesaid
report from the Director of Public Works, the Council does hereby
authorize the action taken herein and does further appropriate
and authorize the expenditure of a sum not to exceed $6, 500 00
from the Equipment Maintenance Gas and Oil Supply Account No
101-446-751-000 for this purpose; FURTHER, the Council does
hereby authorize the action herein taken without competitive
bidding in accordance with Section 3 04 140D1 of the Livonia Code
of Ordinances, as amended
#10-94 RESOLVED, that having considered the report and
recommendation of the Mayor, dated December 8, 1993, to which is
attached a copy of a report from the Director of Public Works
regarding the leaking diesel fuel tank behind Fire Station #1,
and the employment of the firm of GZA GeoEnvironmental, Inc to
provide consultant services on an emergency basis in accordance
with the requirements of the Michigan Department of Natural
Resources in the manner and form described in the aforesaid
report from the Director of Public Works, the Council does hereby
refer the subject matter of this item to the Water Supply,
Drainage, Sewage and Waste Disposal Study Committee for its
report and recommendation
28047
#11-94 RESOLVED, that having considered the report and
recommendation of the Mayor, dated December 9, 1993, to which is
attached a copy of the Plante & Moran report on the special audit
requested following the dismissal of the Finance Director and an
invoice submitted in connection therewith, dated August 25, 1993,
in t e total amount of $4, 450 00, the Council does hereby
authorize payment of the said bill and does for this purpose
appropriate and authorize the expenditure of $4,450 00 from
Account No 101-232-808-000; FURTHER, the Council does hereby
authorize the action herein taken without competitive bidding in
accordance with Section 3 04 140D2 of the Livonia Code of
Ordinances, as amended
#12-94 RESOLVED, that having considered the report and
recommendation of the Mayor, dated December 9, 1993, to which is
attached a copy of the Plante & Moran report on the special audit
requested following the dismissal of the Finance Director, the
Council does hereby refer this item to the Finance and Insurance
Committee for its report and recommendation
#13-94 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated December 9, 1993,
and submitted pursuant to Council Resolution 645-93, which sets
forth a review of the Brownstown Township Disorderly Conduct
Ordinance and comparison to applicable sections of the Livonia
Code of Ordinances, the Council does hereby refer this item to
IOW the Legislative Committee for its report and recommendation
#14-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 8, 1993,
approved for submission by the Mayor, which sets forth certain
alternatives for assessing the cost of installing sidewalks along
major mile roads such as Inkster Road (Five Mile to Six Mile
Road) , the Council does hereby refer this item to the Streets,
Roads and Plats Committee for its report and recommendation
#15-94 RESOLVED, that having considered a letter from
Hildegard Kelly, 29043 Hathaway, Livonia, Michigan 48150, dated
December 28, 1993, which sets forth a complaint with respect to
the emission of intense yellow smoke from the chimney of a house
located at the corner of Joy Road and Oxbow, the Council does
hereby refer this item to the Department of Inspection for its
report and recommendation
#16-94 RESOLVED, that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan of
1921, as amended, the City Zoning Act (MSA 5 2934; MCLA 125 584) ,
as well as Article XXIII of Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia, the Council does hereby
determine that a public hearing will take place before the City
Council of the City of Livonia on Wednesday, February 16, 1994,
at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item
28048
Petition 93-12-1-19, submitted by Victor Corporate Park Land
• Investment Partnership for a change of zoning on property
located on Victor Parkway between Seven and Eight Mile Roads
in the Southeast 1/4 of Section 6, from PO, PO III and
C-4II1 to C-2, the City Planning Commission in its
resolution 1-5-94 having recommended to the City Council
that Petition 93-12-1-19 be denied;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature of
the proposed amendment to the Zoning Ordinance, and/or (b)
location of the proposed change of zoning as set forth above,
first to be published in the official newspaper of the City or a
newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by 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
A roll call vote was taken on the foregoing resolutions with the following
result
AYES Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and Taylor
NAYS None
Kavanagh left the podium at 8 23 p m in order to avoid a perceived
impropriety regarding the next Agenda item
On a motion by Feenstra, seconded by Ochala, it was
#17-94 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1993, as well as the communication from Joseph Rotondo, President
of Rotondo Bros , Inc , and Raymond Amin and Bernard Mindell,
dated December 14, 1993, with respect to the sale of property
located on the north side of Seven Mile Road between Fitzgerald
and Levan, and having also considered appraisals submitted by Mr
Charles W Allen, Jr , dated January 3, 1994 and January 6, 1994,
pursuant to Council Resolutions 1016-93 and 1017-93, the Council
does hereby refer this item to the Committee of the Whole for its
report and recommendation
A roll call vote was taken on the foregoing resolution with the following
Ihroresult
28049
AYES Ochala, Toy, Jurcisin, Feenstra, and Taylor
•
NAYS None
The President declared the resolution adopted
McGee entered the meeting at 8 31 p m
On a motion by Feenstra, seconded by Ochala, it was
#18-94 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1993, as well as the communication from Joseph Rotondo, President
of Rotondo Bros , Inc , and Raymond Amin and Bernard Mindell,
dated December 14, 1993, with respect to the sale of property
located on the north side of Seven Mile Road between Fitzgerald
and Levan, and having also considered appraisals submitted by Mr
Charles W Allen, Jr , dated January 3, 1994 and January 6, 1994,
pursuant to Council Resolutions 1016-93 and 1017-93, the Council
does hereby determine to reject and deny the offer to purchase
submitted by the aforesaid Joseph Rotondo, Raymond Amin and
Bernard Mindell in the amount of $215, 200
A roll call vote was taken on the foregoing resolution with the following
result
AYES Ochala, Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS None
The President declared the resolution adopted
Kavanagh returned to the podium at 8 34 p m
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was
#19-94 RESOLVED, that having considered a letter from the
General Manager of the Yellow & Red Cab Company, 31376
Industrial, Livonia, Michigan 48150, dated November 30, 1993,
wherein a request is submitted for an increase in the taxicab
rate structure, the Council does hereby request that the
Department of Law prepare for submission to Council an
appropriate amendment to Section 5 84 230 of the Livonia Code of
Ordinances in order to implement this request
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
28050
#20-94 RESOLVED, that having considered a letter from the
General Manager of the Yellow & Red Cab Company, 31376
Industrial, Livonia, Michigan 48150, dated November 30, 1993,
wherein a request is submitted for an increase in the taxicab
rate structure, the Council does hereby refer the subject matter
of this request (and the current condition of the taxicabs) to
the Committee of the Whole for its report and recommendation
On a motion by Kavanagh, seconded by McGee, and unanimously
adopted, it was
#21-94 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated December 8, 1993,
which bears the signature of the Finance Department and is
approved for submission by the Mayor, the Council does hereby
authorize the purchase of thirteen 1994 Ford Police patrol
sedans, per City of Livonia specification requirements, from
Campus Ford, 1830 W Grand River, Okemos, Michigan 48864, for a
total sum in the amount of $183, 069 00, the same to be
appropriated and expended from Account No 101-325-985-000 for
this purpose; FURTHER, the Council does hereby authorize the
action herein taken without competitive bidding in accordance
with Section 3 04 140D5 of the Livonia Code of Ordinances, as
amended
On a motion by Jurcisin, seconded by Feenstra, and unanimously is
adopted, it was
#22-94 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and the Director of
Public Works, dated December 8, 1993, approved by the Department
of Finance and approved for submission by the Mayor, and having
also considered a report and recommendation from the Public
Utility Manager and the Director of Public Works, dated January
10, 1994, the Council does hereby authorize final payment in the
amount of $17, 950 00 to MacDermott Roofing & Sheet Metal, Inc ,
9301 Southfield, Detroit, Michigan 48228, which sum includes the
full and complete balance due on a contract dated July 27, 1993,
in the amount of $124, 875 00, the actual contract amount
completed to date being $142, 825 00, in connection with the roof
replacement at Devon-Aire Arena, it appearing from the
aforementioned report that all work under the said contract has
been completed in accordance with City standards and
specifications; and the Council does hereby appropriate and
authorize the expenditure of the sum of $17, 950 00 from Building
Maintenance Contractual Services Account No 101-447-818-020 for
this purpose
On a motion by Feenstra, seconded by Ochala, and unanimously
limadopted, it was
28051
#23-94 RESOLVED, that having considered a communication from
the Department of Law, dated December 21, 1993, approved by
the Finance Department and the City Engineer, and approved for
submission by the Mayor, the Council does hereby authorize the
Department of Law to acquire property located at 31391 Industrial
Road, Livonia, Michigan, from Robert Harris Orley and Gregg L
Orle„ which land is more particularly described as follows
Lot 21, except the southerly 200 feet thereof, Merriman Roac.
Industrial Subdivision, as recorded in Liber 88, Pages 25
and 26, Wayne County Records, said subdivision being a part
of the N W 1/4 of Section 26, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan
All of Wayne County Bureau of Taxation Property Number
102-01-0021-001 (31391 Industrial)
subject to the following conditions
A A purchase price in the amount of $350, 000;
B The sellers shall be entitled to the proceeds of the lease
with Cort Furniture Rental Corporation through November 30,
1994, subject to the sellers assuming all obligations and
responsibilities of the Landlord as set forth in the lease
dated October 16, 1984; and
C Notwithstanding the 60 day provision stated above, the
Purchaser will use its best efforts to complete the purchase
of this property prior to January 31, 1994;
FURTHER, that a sum not to exceed $352, 000 is hereby appropriated
and authorized to be expended from the $12 Million General
Obligation Road Improvement Bond Issue approved by the electorate
of the City in 1989 for this purpose
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#24-94 RESOLVED, that having considered a communication dated
December 15, 1993, from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly
described as
Grant of Easement dated November 24, 1993, executed by Oscar
J Lundy, Secretary of Tri West Development Corp , a
Michigan Corporation, to the City of Livonia, for
Storm Sewer Easement
28052
The South 12 feet of the following parcel of land
•
The West 125 0 feet of the East 505 0 feet of the North 1/2
of the S W 1/4 of Section 36, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan, except the North 43 0 feet
thereof also except the South 300 0 feet thereof (Sidwell
Nos 143-99-0003-001 and 143-99-0003-002)
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
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#25-94 RESOLVED, that having considered a communication from
the Director of Community Resources, dated December 8, 1993,
approved by the Finance Department and approved for submission by
the Mayor, and which sets forth a listing of cash donations
received from various individuals and other sources in a total
amount of $1, 984 73, the Council does, for and on behalf of the
City of Livonia, accept the said donations, the same to be
deposited in and appropriated to Account 702-000-285-216 for use
in the Senior Citizen Programs
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was
#26-94 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated December 3,
1993, approved for submission by the Finance Department and the
Mayor, the Council does, for and on behalf of the City of
Livonia, accept a gift in the amount of $1, 200 00 from the
Michigan State Youth Soccer Association, the same to be used for
the purchase of trees to be planted along Seven Mile Road where
the new soccer fields are located
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#27-94 RESOLVED, that having considered a communication from
the City Librarian, dated December 13, 1993, approved by the
Finance Department and approved for submission by the Mayor,
which transmits resolutions 21-93 and 25-93 adopted by the
Library Commission, the Council does, for and on behalf of the
INN City of Livonia, accept a $300 00 donation from an anonymous
donor to be used for work station lights for the Library staff,
as well as a donation of $100 00 from the Livonia Town Club to be
deposited in and appropriated to Library Trust Fund Account No
722-000-690-010
28053
During the audience communication portion at the end of the
Ihm meeting, Brian Conway from BFI (a solid waste company) introduced himself
to the Council and indicated he hoped BFI would have an opportunity to bid
on any future projects
Additionally, Councilmember McGee recognized as being present at
the meeting a representative from SEMCOG, Jeffrey Jones
On a motion by Toy, seconded by Ochala, and unanimously adopted,
this 1,264th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 45 p m , January 12, 1994
II , ,Ji: McCotter, City Clerk