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HomeMy WebLinkAboutCOUNCIL MINUTES 1992-10-14 27248 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND THIRTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 14, 1992, 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 8:02 p.m. Councilman Ochala delivered the invocation. Roll was called with the following result: Present: Ron Ochala, Sean P. Kavanagh, Michael P. McGee, Dale A. Jurcisin, Gerald Taylor, and Laura M. Toy. Absent: Fernon P Feenstra (out of town on City business). Elected and appointed officials present: Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Raul Galindo, City Engineer; John Nagy, City Planner; Karen A Szymula, Director of Legislative Affairs; David N. Preston, Finance Director; Robert R. Bishop, City Treasurer; James Inglis, Housing Director; Robert J. Beckley, Director of Public Works; William C. Fried, Municipal Building Authority of Livonia; and Douglas Pakkala, Public Utilities Manager. On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, it was: #758-92 RESOLVED, that the minutes of the 1,233rd Regular Meeting of the Council of the City of Livonia, held September 30, 1992, are hereby approved as submitted. On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was #759-92 RESOLVED, that the minutes of the 225th Special Meeting of the Council of the City of Livonia, held October .2, 1992, are hereby approved as submitted No one wished to speak during the audience communication portion at the beginning of the meeting. 27249 A communication from the Department of Finance, dated September 22, 1992, re: various financial statements of the City of Livonia for the month ending August 31, 1992, was received and placed on file for the information of the Council. A communication from the Department of Law, dated October 1, 1992, re: Street Improvement Assessment of Grove Street, west of Merriman, was received and placed on file for the information of the Council. (CR 607-92 and CR 608-92) At the direction of the Chair, Items 26 and X-1 were removed from the Agenda. On a motion by Jurcisin, seconded by Taylor, it was: #760-92 RESOLVED, that having considered the report and recommendation of the Housing Director, dated September 11, 1992, approved for submission by the Mayor and the Finance Director, with regard to a bid received from Mr. Bruce Brown, 30701 imo Pickford, Livonia, Michigan 48152, in the amount of $57,687.06 for the purchase of drug-forfeiture property located at 28571 Clarita, Livonia, Michigan, and having also considered a letter from Mr. Bruce Brown, dated October 5, 1992, wherein he has withdrawn the aforesaid bid, the Council does hereby determine to reject the said bid and to refer this matter back to the Housing Director for a new report and recommendation. #761-92 RESOLVED, that having considered the report and recommendation of the Housing Director, dated September 11, 1992, approved for submission by the Mayor and the Finance Director, the Council does hereby accept the bid of AFC Roofing & Insulation Inc. , 30591 Schoolcraft, Livonia, Michigan 48150, for installing new roof shingles, gutters-downspouts and insulation at the Silver Village Housing Facility for the sum of $91,915.00, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $91,915.00 from the 1992-93 CDBG Program for this purpose; 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 bidtler, and to do all other things necessary or incidental to the full performance of this resolution L. #762-92 RESOLVED, that having considered a communication from the Housing Director, dated October 1, 1992, approved for submission by the Mayor and the Finance Director, and which 27250 transmits a resolution adopted by the Housing Commission wherein Imm it is recommended that the following rental increases be implemented effective December 1, 1992, for the following properties: Current Proposed 2 Bedroom $161 $180 29149 Morlock 20121 Floral 27545 Long 11683 Cardwell Current Proposed 3 Bedroom $242 $270 11910 Cardwell 12411 Arcola 31220 Hathaway 19941 Deering 9880 Harrison 11784 Arcola 33916 Five Mile 4 Bedroom $322 $355 20120 Deering The above rents exclude utilities. The Council does hereby concur in and approve of this action in the manner and form herein recommended. #763-92 RESOLVED, that having considered a communication from the Mayor, dated September 29, 1992, with regard to the reappointment of Wayne Templeton, 18420 Doris Lane, Livonia, Michigan 48152, to serve as a representative of the City of Livonia on the Community Commission on Drug Abuse for a term which will expire on October 7, 1995, the Council does hereby approve and concur in said reappointment. #764-92 RESOLVED, that having considered the report and recommendation of the City Treasurer, dated September 28, 1992, which is concurred in by the Finance Director and approved for submission by the Mayor, the Council does hereby request and authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract with Mr. Andrew J. Ferkovich and Mr. Walter Smerecki, A & W Collections, 6350 Napier Road, Plymouth, MI 48170, for collection of delinquent personal property taxes, the cost of which services are to be taken from 1% per month interest and 4% collection fees, and which contract will be subject to cancellation by either party upon giving 60 days notice and which contract is herein made subject to approval as to form by the Department of Law. 27251 #765-92 RESOLVED, that having considered the report and L recommendation of the Public Utility Manager and the Director of Public Works, dated September 25, 1992, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize a one-year maintenance agreement with Michigan Bell Communications, 29777 Telegraph Road, Suite 4200, Southfield, Michigan 48034, for the price of $6,326.51 for maintenance of the enhanced 911 equipment, for the period November 14, 1992 through November 13, 1993; FURTHER, the Council does hereby authorize the said purchase without competitive bidding in accordance with provisions set forth in Section 3.04.140.D.5 of the Livonia Code of Ordinances, as amended. #766-92 RESOLVED, that having considered a communication from the Water and Sewer Board, dated September 15, 1992, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2980 9/92, the Council does hereby accept the unit price bid of Etna Supply Company, 529 - 32nd Street, S E. , Grand Rapids, Michigan 49548, for supplying the Public Service Division (Water Maintenance Section) with water main repair clamps for the estimated total cost of $10,779.95, the same having been in fact the lowest bid received and meets all specifications #767-92 RESOLVED, that having considered a communication from the Water and Sewer Board, dated September 15, 1992, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2982 9/92, wherein it is recommended that paragraph 13.20.120.D.1 of the Livonia Code of Ordinances be amended so as to authorize an increase in the Wayne County wastewater disposal charge, effective January 1, 1993, with the first billing rendered on and after February 1, 1993, the Council does hereby refer this item to the Department of Law for the preparation of an ordinance amending the aforesaid paragraph in accordance with this resolution #768-92 RESOLVED, that having considered a communication from the Water and Sewer Board, dated September 15, 1992, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2981 9/92, wherein it is recommended that paragraph 13.08.040.A of the Livonia Code of Ordinances be amended so as to authorize an increase in water rates effective with the first billing on or after November 1, 1992, as well as with the first billing on or after July 1, 1993, the Council does hereby request that the Department of Law prepare an amendment to the aforesaid paragraph in accordance with this resolution. #769-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 14, 1992, approved for submission by the Mayor, the Council does hereby amend Item No. 7 of Council Resolution 788-91, adopted on October 9, 1991, so as to reduce the financial assurances now on deposit with the City for general improvements in Cane Woods Subdivision, 27252 located in the Southwest 1/4 of Section 4 to $2,500.00 cash, and the financial assurances now on deposit with the City, if any, L shall be reduced accordingly; FURTHER, the Council does hereby authorize the release to ACO Development, Inc. , 815 Church Street, Plymouth, Michigan 48170, the proprietor of the Cane Woods Subdivision, of the financial assurances previously deposited with respect to Survey Monuments in the amount of $830.00 cash; FURTHER, all other financial assurances now on deposit with the City shall remain the same and unchanged. #770-92 RESOLVED, that having considered a communication from the City Planning Commission, dated September 22, 1992, which transmits its resolution 9-463-92, adopted on September 15, 1992, with regard to Petition 91-1-2-2, submitted by Richard George, requesting approval of Revised Building Elevations with regard to an existing retail building located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and the Revised Building Elevation submitted in connection with Petition 91-1-2-2 is hereby approved and granted, subject to the following conditions: 1) That the Building Elevations, Project #92-43, Sheet A-2 dated 8/12/92 by Ashor Associates Architects & Planners, submitted on behalf of Wine Barrel, is hereby approved and shall be adhered to; and 2) That signage shall be restricted to 20% of the window area. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Ochala, Kavanagh, McGee, Jurcisin, Taylor, and Toy. NAYS: None. On a motion by Taylor, seconded by Kavanagh, and unanimously adopted, it was: #771-92 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated October 12, 1992, and submitted pursuant to Council Resolution 736-92 in connection with the report and recommendation, dated August 24, 1992, of Camborne Construction Engineeripg, Inc. , the Construction Manager for the 16th District Court Building Expansion, and having also considered Municipal Building Authority Resolution 24-92 with regard to this project and bids received for landscaping and irrigation, the Council does hereby accept (1) the bid of Sprinkler Services Company, 30017 W. Eight Mile Road, P.O. Box 530693, Livonia, Michigan 48153-0693, in the amount of $7,890.00 for providing landscaping, and (2) the base 27253 bid of Evergreen Sprinkling Systems, 29917 W. Eight Mile Road, Livonia, Michigan 48152, in the sum of $8,390 00 for providing an irrigation system, the foregoing bids having been the lowest bids received and meet all specifications; FURTHER, the action taken herein is made contingent upon the receipt of a payment of $10,000.00 from the 16th District Court Probation Account to cover the additional costs incurred for the landscaping and the irrigation system. Ochala gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 25 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 92-6-1-12) 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 took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 020 C. OF TITLE 5, CHAPTER 76 (SECONDHAND MERCHANDISE DEALERS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ochala, Kavanagh, McGee, Jurcisin, Taylor, and Toy. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by McGee, seconded by Ochala, and unanimously adopted, it was: #772-92 RESOLVED, that having considered the report and recommendation of the Housing Director, dated September 14, 1992, approved for submission by the Mayor and the Finance Director, wherein it is recommended that certain City-owned property which is described as being a vacant lot located in Hayes Township, 27254 Clare, Michigan, Lot 81 of Oak Beach Subdivision, be assigned to a real estate firm that specializes in the sale of such property, the Council does hereby concur in and approve of the action herein recommended in the manner set forth in the aforesaid communication, which real estate listing should stipulate that the purchaser shall provide such title work as may be required for this transaction, that the conveyance in behalf of the City of Livonia should be made by quit claim deed and that such listing should be for a maximum period of 60 days; FURTHER, in the event that a sale is not consummated within the aforesaid 60 day period, the Council does hereby authorize the sale of the aforesaid property to Michael F. Cooney for the total price of $1,500.00 cash, which purchase is conditioned upon the purchaser providing such title work as may be required for this transaction, the action herein being taken in order to best serve the interests of the community, and in accordance with Section 3.05.090.B of the Livonia Code of Ordinances, as amended; 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 Taylor, seconded by Kavanagh, and unanimously adopted, it was: #773-92 RESOLVED, that having considered a communication from the Housing Director, dated October 1, 1992, approved for submission by the Mayor and Finance Director, and which transmits a resolution adopted by the Housing Commission wherein a Silver Village Rental Adjustment is recommended as follows: A) Pre-December, 1990 Residents: Adjusted Rent Bedroom Size Current Rent Effective 12-1-92 One Bedroom $237.00 $255.00 Two Bedroom 270 00 290.00 B) Post-December, 1990 Residents: Adjusted Rent Bedroom Size Current Rent Effective L2-1-92 One Bedroom $309.00 $325 00 Two Bedroom 361.00 380.00 The above rents exclude gas and electric; The Council does hereby concur in and approve of such action. 27255 The President relinquished the gavel to the Vice President at 8:18 p.m. IwoOn a motion by Jurcisin, seconded by Toy, it was: RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated September 14, 1992, approved by the Director of Finance and approved for submission by the Mayor, and to which is attached a letter dated September 1, 1992 from the Joint Venture, Orchard, Hiltz & McCliment, Inc and Hubbell, Roth and Clark, Inc. , wherein a request is submitted for an increase in the amount of the total contract authorized in Council Resolution 1042-90 above the original sum of $1,009,750 by an additional sum of $110,000 for additional costs not anticipated in the original scope of work, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute an appropriate contract amendment which would authorize the said increase of $110,000 to the Engineering Services Agreement between the City and the Joint Venture; FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $110,000 from the Unexpended Fund Balance Account of the Sewer Fund for this purpose On a motion by Kavanagh, seconded by McGee, it was: #774-92 RESOLVED, that having considered the report and 1610 recommendation of the Director of Public Works and the City Engineer, dated September 14, 1992, approved by the Director of Finance and approved for submission by the Mayor, and to which is attached a letter dated September 1, 1992 from the Joint Venture, Orchard, Hiltz & McCliment, Inc and Hubbell, Roth and Clark, Inc. , wherein a request is submitted for an increase in the amount of the total contract authorized in Council Resolution 1042-90 above the original sum of $1,009,750 by an additional sum of $110,000 for additional costs not anticipated in the original scope of work, the Council does hereby refer this item to the Water Supply, Drainage, Sewage and Waste Disposal Study Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kavanagh, McGee, and Taylor, and Ochala. NAYS: Jurcisin and Toy. 1 The Vice President declared the resolution adopted. The President resumed the gavel at 8:23 p.m 27256 On a motion by Jurcisin, seconded by Taylor, and unanimously adopted, it was: #775-92 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated September 29, 1992, approved by the Director of Finance and approved for submission by the Mayor, with regard to Sanitary Sewer Inflow Reduction and a Storm Sewer Relief Program for seventeen (17) locations listed on the attachment, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to enter into a contract with Orchard, Hiltz & McCliment, Inc. , and Hubbell, Roth & Clark, Inc. , a Joint Venture, in an amount not to exceed $38,000 to provide survey, design, easement acquisition assistance, layout and field inspection services, and contract administration services for the Storm Sewer Relief Program of the seventeen (17) locations listed on the attachment; FURTHER, the Council does hereby determine to authorize the said item without competitive bidding in accordance with Section 3.04.140.D 2 of the Livonia Code of Ordinances, as amended, due to the professional nature of this work and the recent related work completed by the Joint Venture on the design and contract administration of the Sanitary Sewer Rehabilitation Program; and the Council does hereby appropriate and authorize the expenditure of the sum of $38,000 from the Unexpended Fund Balance of the Sewer Fund for this purpose. On a motion by Ochala, seconded by Jurcisin, it was: #776-92 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 25, 1992, approved for submission by the Mayor, to which is attached a letter from the Conference of Western Wayne and an invoice in the amount of $6,788.00 with respect to the City's total dues for Fiscal Year 1993, the Council does hereby authorize the payment of the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, McGee, Jurcisin, Taylor, and Toy. NAYS: Kavanagh. The President declared the resolution adopted 1 On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was: 27257 #777-92 RESOLVED, that having considered a communication dated September 30, 1992, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as: Grant of Easement dated September 8, 1992, executed by Brent J. Snyder, President, D.K.B. Properties, a Michigan Corporation, for: The South 12 feet of the following parcel of land: The North 3/8 of the East 15 acres of the West 1/2 of the Northeast 1/4 of Section 11, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, except the North 460.55 feet thereof; also except the West 30 0 feet thereof; also except the South 30.0 feet thereof. (Part of Tax Parcel No. 041-99-0034-000) the Council does hereby, for and on 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 Jurcisin, seconded by Ochala, it was: #778-92 RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 1992, which sets forth its resolution 6-391-92, adopted on July 6, 1992, with regard to Petition 92-4-6-3, submitted by the City Planning Commission to determine whether to amend Section 18.45 of the Zoning Ordinance so as to provide for the substitution of a greenbelt in lieu of a protective wall, and the Council having conducted a public hearing with regard to this matter on September 23, 1992, pursuant to Council Resolution 644-92, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 92-4-6-3 is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, Kavanagh, McGee, Jurcisin, and Toy. NAYS: Taylor. The President declared the resolution adopted. LKavanagh left the podium at 8:29 p.m. in order to avoid a perceived impropriety based upon prior representation of Rotondo Corporation. 27258 On a motion by Jurcisin, seconded by Ochala, it was imm #779-92 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 8, 1992 on all matters required by Sections 3.08.060 and 3.08.140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on September 23, 1992, after due notice as required by Section 3.08.070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08.080 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of a street lighting system consisting of 100 watt high pressure sodium lights on existing wood poles in the Parkside Villas Subdivision, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated July 8, 1992; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A Special Assessment District in the N.E. 1/4 of Section 8, T.1S. , R.9E. , City of Livonia, Wayne County, Michigan, described as containing the property shown on the Special Assessment Plan and the Special Assessment Roll. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated July 8, 1992; and (8) that upon completion of said roll, the City Assbssor shall attach thereto the certificate required by the provisions of Section 3 08.100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances 27259 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, McGee, Jurcisin, Taylor, and Toy. NAYS: None. The President declared the resolution adopted. Kavanagh returned to the podium at 8:33 p.m On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, it was: #780-92 RESOLVED, that having considered a communication from the City Planning Commission, dated August 6, 1992, which sets forth its resolution 7-412-92, adopted on July 21, 1992, with regard to Petition 92-6-1-11, submitted by the City Planning Commission pursuant to Council Resolution 398-92 for a change of zoning of a portion of Lot 8, Horton's Subdivision, located on the west side of Newburgh Road between Ann Arbor Trail and Ann Arbor Road in the Northeast 1/4 of Section 31 from R-1 to C-1, and the Council having conducted a public hearing with regard to this matter on September 23, 1992, pursuant to Council Resolution iwr 644-92, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 92-6-1-11 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Taylor, seconded by McGee, and unanimously adopted, it was: #781-92 RESOLVED, that having considered a communication from the City Planning Commission, dated August 17, 1992 which transmits its resolution 8-433-92, adopted on August 11, 1992, with regard to a Sign Permit Application submitted by Nelson Custom Signs on behalf of Seros Family Restaurant requesting approval to mount one wall sign on the building and to utilize an existing ground sign for property located at 29041 Seven Mile Road, the Council does hereby reject the recommendation of the Planning Commission and deny the said sign permit application, for the following reason: 1) That the proposed sign is incompatible with signs within its immediate proximity, and the impact would be detrimental to the surrounding area 27260 On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, it was #782-92 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of an item that does not appear on the agenda. On a motion by Kavanagh, seconded by Taylor, and unanimously adopted, it was: #783-92 RESOLVED, that the Council does hereby designate Councilmember Fernon P Feenstra to serve as the Council Representative on the Board of Directors of the Livonia Anniversary Committee on a continuing and permanent basis, or until further order of this Council by Council resolution, the action herein to take effect upon the adoption of an appropriate amendment to the by-laws of the Livonia Anniversary Committee in accordance with Council Resolution 672-92. No one from the audience wished to speak during the audience communication portion at the end of the meeting. The Council President gave notice of a Special Meeting to be held on Monday, October 19, 1992, at 7:55 p.m in the City Hall Auditorium re: approving the sale of 1993 Michigan Transportation Fund Refunding Bonds. On a motion by Kavanagh, seconded by Jurcisin, and unanimously adopted, this 1,234th Regular Meeting of the Council of the City of Livonia was adjourned at 8:40 p.m. , October 14, 1992. 1) 7Y1 i7 Joa McCotter, City Clerk [..