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HomeMy WebLinkAboutCOUNCIL MINUTES 1992-06-10 27052 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND TWENTY-SIXTH linREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 10, 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 8:05 p.m. Councilman Jurcisin delivered the invocation. Roll was called with the following result: Dale A. Jurcisin, Gerald Taylor, Ron Ochala, Fernon P. Feenstra, Sean P Kavanagh, Michael P. McGee, and Laura M Toy Absent: None Elected and appointed officials present: Robert D Bennett, Mayor; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Raul Galindo, City Engineer; John Nagy, Planning Director; Karen A. Szymula, Director of Legislative Affairs; Suzanne Wisler, Director of Community 110 Resources; Sue Daniel, Historical Commission; John Fegan, Director of Inspection; Douglas Pakkala, Public Utilities Manager; Lee Grieve, Police Chief; David N Preston, Finance Director; Tom Carey, Traffic Commission; William LaPine, Planning Commission; Lee Morrow, Planning Commission; and Jack Engebretson, Planning Commission On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #432-92 RESOLVED, in accordance with the provisions set forth in Section 2.04.070 of the Livonia Code of Ordinances, as amended, the Council does hereby acknowledge the recovery from disability of Laura M Toy and does hereby return to Laura M. Toy the powers and duties of the Council Presidency effective June 10, 1992. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: Iwo #433-92 RESOLVED, that the minutes of the 1,225th Regular Meeting of the Council of the City of Livonia, held May 27, 1992, are hereby approved as submitted. 27053 Under the audience communication section, at Councilman Feenstra's suggestion, it was determined to refer a letter from Charles L. Ferrero dated June 4, 1992 concerning the use of City-owned vehicles to the Finance and Insurance Committee for its report and recommendation. Also on Councilman Feenstra's suggestion, it was determined that a letter from Mr. Wayne W. Wiltse of the Livonia Amateur Radio Club dated June 4, 1992 concerning a proposed ordinance prohibiting police scanners required no further action in view of the revisions which were being made in this ordinance. A communication from the Department of Finance, dated May 26, 1992, re various financial statements of the City of Livonia for the month ending April 30, 1992, was received and placed on file for the information of the Council. On a motion by Taylor, seconded by Ochala, it was: #434-92 RESOLVED, that having considered an application from Deborah L Carpenter, 30503 Jeanine Street, Livonia, Michigan, dated May 18, 1992, requesting permission to close Jeanine between Sunset and Hillcrest on Saturday, June 13, 1992 from 1:30 p.m. to 10:00 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on June 20, 1992 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #435-92 RESOLVED, that having considered an application from Sandra DeWater, 20335 Fremont, Livonia, Michigan, dated May 26, 1992, requesting permission to close Morlock between Fremont and Hugh, for a distance of approximately 250 feet where only driveways exist, on Saturday, June 27, 1992, from 12:00 p.m. to 10:00 p.m. , for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department #436-92 RESOLVED, that having considered a letter from Brent L Tipton, 18636 Foch, Livonia, Michigan, dated May 15, 1992, Lis wherein an interest is expressed in the purchase of certain City-owned property identified as Lots 22, 23 and 24 in the Dohany Subdivision, the Council does hereby refer this matter to the Department of Law for its report and recommendation 27054 #437-92 RESOLVED, that having considered a report from the Director of Building Inspection dated May 6, 1992, approved for submission by the Mayor, which was submitted pursuant to Council Resolution 345-92 concerning the operation of a business in a residential district which is listed in the Business Section of the Michigan Bell Ameritech West-Northwest Area White Pages, on page 17, as Barker E. L. Window Company, 35480 Curtis, Livonia, Michigan (Tel No. 477-2510), the Council does hereby request that the court administrator of the 16th District Court submit a report with respect to the status and/or final disposition of this case. #438-92 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated May 13, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Diversitech Image Technology, 31651 Schoolcraft, Livonia, MI 48154, for supplying the Police Division with one Canofile 250 Document Image Storage and Retrieval System, for a total price of $11,759.00, 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 the sum of $11,759.00 from Adjudicated Account No. 265-334-983-000 for this purpose. #439-92 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated May 14, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the renewal of the current maintenance service contract on the digitized image capture system with TFP Inc. , 33 Villa Road, B145, Suite 304, Greenville, SC 29615, for the period from April 4, 1992 through April 3, 1993, for the sum of $14,040.00; and the Council does authorize the said item without competitive bidding in accordance with Section 3 04.140D5 of the Livonia Code of Ordinances, as amended; FURTHER, the Council takes this means to indicate that this expenditure will be extended through the fiscal year 1997. #440-92 RESOLVED, that having considered a communication from the Director of Community Resources, dated May 20, 1992, approved by the City Attorney and the Finance Director and approved for submission by the Mayor and to which is attached a proposed agreement for the User Side Subsidy Transportation Program (Dial-a-Ride) for senior and handicapped citizens between the City of Livonia (Northwest Wayne/Oakland Transportation Consortium consisting of Farmington, Farmington Hills, Northville, Northville Township, Livonia and the City of Plymouth) and Northwest Transport Co. , 31376 Industrial Road, Livonia, Michigan 48150, for the period July 1, 1992 through June 30, 1993, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said agreement in the manner and form herein submitted; FURTHER, the Council does hereby authorize the Mayor and City Clerk to execute an agreement with SMART for support of this program, provided that the agreement is approved as to form by the Law Department. 27055 #441-92 RESOLVED, that having considered a communication from Imo the Director of Community Resources, approved by the City Attorney and the Finance Director and approved for submission by the Mayor, and to which is attached a proposed agreement for shuttle services to Ann Arbor and Ypsilanti for senior and handicapped citizens between the City of Livonia acting for the Northwest Wayne/Oakland Transportation Consortium (Farmington, Farmington Hills, Northville, Northville Township, Livonia and the City of Plymouth) and University Transportation Services, 8508 N. Lilley, Canton, Michigan 48187, for the period July 1, 1992 through June 30, 1993, the Council does, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said agreement in the manner and form herein submitted; FURTHER, the Council does hereby authorize the Mayor and City Clerk to execute an agreement with SMART for support of this program, provided that the agreement is approved as to form by the Law Department #442-92 RESOLVED, that having considered the report and recommendation of the President of the Livonia Historical Society, Chairman of the Livonia Historical Commission, Director of Community Resources and the Planning Director, dated May 20, 1992 and approved by the Mayor, the Council does hereby amend and revise the action taken in Council Resolution 413-91 so as to authorize the Livonia Historical Society to employ the services of Robert K. Seymour, Architect, in an amount not to exceed $14,350.00, for the purpose of developing restoration drawings and contract documents for the Alexander Blue House, which upon completion would be submitted to the City of Livonia for its acceptance and use; FURTHER, the action herein authorized is taken for the reasons indicated in the aforesaid communication of May 20, 1992 #443-92 RESOLVED, that having considered a communication from the Department of law, dated May 8, 1992, approved by the City Engineer and Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire right-of-way at 34325 West Seven Mile Road, owned by Kenneth and Donna Klassa described as follows: The North 60 feet of the following described parcel: Part of the N.E. 1/4 of Section 9, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, beginning N. 89°50'50" East 43 ft. from the North 1/4 corner of Section 9; thence N. 89°50'50" E. 139 ft ; thence S. 0°39'50" East 253 ft ; thence S. 89°50'58" West 139 ft ; thence N. 0°39'50" West 253 ft to the Point of Beginning. (Seven Mile Road Right-of-Way) 033-99-0003-004 27056 subject to the following conditions: (1) that the purchase price shall be in the sum of $3,500; (2) that the City of Livonia shall pay for the cost of title work in the sum of $150; (3) that the City's portion of the prorated City, County, County Drain, School and Community College taxes shall be in a sum not to exceed $250. BE IT FURTHER RESOLVED, that a sum not to exceed $3,900 is hereby authorized to be expended from the 12 Million Dollar Obligation Road Improvement Bond Issue approved by the electorate in 1989, for the acquisition of said Seven Mile Road right-of-way; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of the resolution. #444-92 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 1992, which transmits its resolution 3-353-92, adopted on March 31, 1992, with regard to a request by Cantoro Italian Market to illuminate awning on the front of the building located on the east side of Middlebelt between St. Martins and Bretton in Section 1, the Council does hereby reject the recommendation of the Planning Commission and deny this request for the following reasons: 1) The site and building presently have adequate night illumination for identification purposes for the reason that the site has a lighted ground sign located in the front yard. 2) By fully illuminating the entire awning, which contains thereon sign graphics, it will in effect become a sign, which sign area is in excess of what would otherwise be allowed by the Livonia sign ordinance. #445-92 RESOLVED, that WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1987 the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs; and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, to obtain its Fiscal Year 1992 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1987, the City of Livonia must submit a statement of Community Development objectives and projected use of funds, satisfactory assurances that the Program will be conducted and administered in accordance 27057 with appropriate Federal and State laws and Department of Housing lim and Urban Development regulations; and satisfactory assurances that, prior to submission of its final statement of Community Development objectives and projected use of funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities; the range of activities that may be undertaken, and other important Program requirements, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed statement of Community Development objectives and projected use of funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia, that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 1992 Community Development Block Grant Program is hereby approved and shall be submitted to the Department of Housing and Urban Development. #446-92 RESOLVED, that having considered the report and recommendation of the Assistant Planning Director, Code Enforcement Officer and Assistant Superintendent of Parks and Recreation, dated May 18, 1992, concurred in and approved by the Mayor, and submitted pursuant to Council Resolution 15-92 in connection with a communication from the President of the Friends Lbw of the Barn, Inc. , 29350 West Chicago, Livonia, Michigan 48150, dated December 4, 1991, wherein a request is submitted for a waiver of certain provisions of the Livonia Zoning Ordinance with respect to signage as well as a request for waiver of all fees for permits and field inspection costs in connection with the installation of a proposed menu-board type sign for events to be conducted at the Wilson Barn, the Council does hereby approve and grant this request subject to and conditioned upon the following changes as illustrated by the attached drawing: 1) Overall height be dropped from twelve feet to nine and one-half feet; 2) Overall width to be reduced from eleven feet to ten feet; 3) A 32" diameter circle logo be added in place of "Wilson Barn" wording; 4) Use unpainted barn wood; 5) Stone base to be reduced in height from eighteen inches to twelve inches; 6) Sign be set back a minimum of ten feet; and 7) Sign to be located further north so as not to interfere with historical marker or with intersection traffic line of site 27058 #447-92 RESOLVED, that having considered a communication from Councilmember Fernon P. Feenstra, dated May 8, 1992, the Council does hereby request that the Department of Law submit a report and recommendation based upon a comparison of Livonia Ordinance No. 2062 (Section 10.36.070A.2 of the Livonia Code of Ordinances) to Senate Bill 576 with regard to cost recovery from drunk driving incidents. #448-92 RESOLVED, that having considered a communication from Councilmember Michael P. McGee, dated May 26, 1992, wherein it is proposed that the City of Livonia establish a Plymouth Road Development Authority, pursuant to the provisions of Act 197 of the Public Acts of Michigan 1975, as amended, for the purpose of promoting economic development, correcting and preventing deterioration, and making long-term improvements in the business district along Plymouth Road, the Council does hereby request that the Department of Law prepare and thereafter submit to Council for its consideration a "Resolution of Intent" in accordance with the provisions of Act 197. #449-92 RESOLVED, that having considered a communication from Councilmember Michael P. McGee, dated May 26, 1992, wherein it is proposed that the City of Livonia establish a Plymouth Road Development Authority, pursuant to the provisions of Act 197 of the Public Acts of Michigan 1975, as amended, for the purpose of promoting economic development, correcting and preventing deterioration, and making long-term improvements in the business district along Plymouth Road, the Council does hereby request that the Department of Assessment prepare a roll of properties within the proposed district, including their assessed values, a list of current owners of record, and a list of properties that have declined in value in 1989 and/or 1990 and/or in 1991. #450-92 RESOLVED, that having considered a communication from Councilmember Michael P. McGee, dated May 26, 1992, wherein it is proposed that the City of Livonia establish a Plymouth Road Development Authority, pursuant to the provisions of Act 197 of the Public Acts of Michigan 1975, as amended, for the purpose of promoting economic development, correcting and preventing deterioration, and making long-term improvements in the business district along Plymouth Road, the Council does hereby request that the Planning Department submit a report and recommendation with respect to making long-term developments in the said business district along Plymouth Road #451-92 RESOLVED, that having considered a communication from Councilmember Michael P. McGee, dated May 26, 1992, wherein it is proposed that the City of Livonia establish a Plymouth Road Development Authority, pursuant to the provisions of Act 197 of the Public Acts of Michigan 1975, as amended, for the purpose of promoting economic development, correcting and preventing deterioration, and making long-term improvements in the business district along Plymouth Road, the Council does hereby request that the Livonia Chamber of Commerce submit its report and recommendation with regard to this proposal 27059 #452-92 RESOLVED, that having considered a communication from Councilmember Michael P. McGee, dated May 26, 1992, wherein it is proposed that the City of Livonia establish a Plymouth Road Development Authority, pursuant to the provisions of Act 197 of the Public Acts of Michigan 1975, as amended, for the purpose of promoting economic development, correcting and preventing deterioration, and making long-term improvements in the business district along Plymouth Road, the Council does hereby request that the Livonia City Council/Schools Liaison Committee and the Finance and Insurance Committee submit their respective reports and recommendations with regard to this proposal. #453-92 RESOLVED, that having considered a communication from Councilmember Michael P. McGee, dated May 26, 1992, with regard to a complaint received concerning unkempt portions of Schoolcraft Road generally and Schoolcraft Road between Merriman and Farmington in particular, and whether community service persons under the supervision of the 16th District Court could be assigned to work the service drives on occasion rather than solely freeway embankments, the Council does hereby refer this item to the Mayor for his report and recommendation. #454-92 RESOLVED, that having considered a communication from Councilmember Michael P. McGee, dated May 26, 1992, which sets forth a proposal to require that persons who seek solicitation while standing in intersection roadways be required to wear bright-colored vests or jackets, the Council does hereby refer this item to the Police Department and the Law Department for their respective reports and recommendations. #455-92 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 Monday, July 20, 1992 at 7:30 p m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 92-2-1-4, as amended, submitted by Ledford & Grifka, P C. for Northwest Alano Club for a change of zoning on property located on the east side of Newburgh Road south of Ann Arbor Trail in the Southwest 1/4 of Section 32, from RUF to C-1 and P, the City Planning Commission in its resolution 5-372-92 having recommended to the City Council that Petition 92-2-1-4 be denied; (2) Petition 92-3-1-6 submitted by Lidia Veri for Livonia Builders, Inc. , for a change of zoning on property located Ibm on the south side of Six Mile Road between Henry Ruff and Merriman Roads in the Northwest 1/4 of Section 14 from RUC to R-2, the City Planning Commission in its resolution 5-363-92 having recommended to the City Council that Petition 92-3-1-6 be denied; 27060 (3) Petition 92-3-6-1 submitted by the City Planning Commission on its own motion to determine whether to amend the Zoning Ordinance so as to establish filing fees for site plan approval and to increase filing fees for waiver use approval, the City Planning Commission in its resolution 5-369-92 having recommended to the City Council that Petition 92-3-6-1 be approved; and (4) Petition 92-3-6-2 submitted by the City Planning Commission on its own motion to determine whether to amend Section 31.02 of the Zoning Ordinance so as to provide that certain privately owned property could also be eligible to be rezoned to an NP (Nature Preserves) zoning district, the City Planning Commission in its resolution 5-370-92 having recommended to the City Council that Petition 92-3-6-2 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered 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. #456-92 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934; MCLA 125.584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, August 12, 1992 at 7:30 p.m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items: (1) Petition 92-4-1-7, submitted by Rissman Investment Company for a change of zoning on property located on the south side of Ann Arbor Road between Ann Arbor Trail and West Chicago in the Northeast 1/4 of Section 31, from C-1 to C-2, the City Planning Commission in its resolution 5-364-92 having recommended to the City Council that Petition 92-4-1-7 be approved; and Immo 27061 (2) Petition 92-3-1-5 submitted by Landmark for Richard Gergis 16 for a change of zoning on property located on the west side of Middlebelt Road between Clarita Avenue and Seven Mile Road from C-1 to C-2, the City Planning Commission in its resolution 5-362-92 having recommended to the City Council that Petition 92-3-1-5 be denied; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered 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. #457-92 WHEREAS, pursuant to the direction of the City Council in its resolution 400-92, adopted on May 13, 1992, and in accordance with Section 3.08.100 of the Livonia Code of Ibm Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of May 19, 1992 an assessment roll dated May 19, 1992 for the proposed street improvement of Grove, west of Merriman, consisting of 4" of asphalt over the existing roadway, approximately 20 to 22 feet wide (Alternate IV), containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 400-92; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08.110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Monday, July 13, 1992, at 7:30 p.m. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; Imm IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said 27062 City, at least ten (10) days prior to the aforesaid date of July 13, 1992; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, McGee, and Toy. NAYS: None. Ochala gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING CHAPTER 07 THERETO. 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. Councilman Feenstra stated that the revisions recommended by the Law Department, based upon a letter from the Livonia Amateur Radio Club, should be incorporated into the proposed ordinance and the ordinance amendment will be considered for 2nd reading, as revised, at the next regular meeting of the Council. Jurcisin took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 18.42 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE." (PETITION 91-12-6-1) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, McGee, and Toy. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 27063 Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 050C OF TITLE 10, CHAPTER 27 (TRAFFIC REGULATIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, McGee, and Toy. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was: #458-92 RESOLVED, that having considered a communication from the Traffic Commission, dated April 4, 1992, approved for submission by the Mayor, and which transmits its Resolution 16-92, wherein a request for installation of additional "Stop" signs on Schoolcraft Service Drive at all 1-96 exit ramps is denied, and having also considered a communication from Councilmember Fernon P. Feenstra, dated May 21, 1992, the Council does hereby resubmit this matter back to the Traffic Commission for a report and recommendation with regard to the following concerns: 1) Who authorized the taking down of the "Yield" signs and replacing them with "Stop" signs on a random basis? 2) Was the replacement of the "Yield" signs with "Stop" signs in accordance with the traffic study prepared by Goodell Grivas, Incorporated? On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was: #459-92 WHEREAS, the Michigan Bell Telephone Co. has proposed the addition of a new area code in Southeastern Michigan in 1994; and WHEREAS, the proposed boundary for the new area code would, in the City of Livonia, extend south of Eight Mile Road, thereby removing almost 8,000 households in Livonia from the existing 313 area code; and 27064 WHEREAS, under this plan Livonia would be divided and split in a manner that not only will cause undue inconvenience and detriment to its citizens, but may ultimately also cause them additional cost and expense; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia takes this means to declare its opposition to this plan and to urge that Michigan Bell reconfigure the plan so as to make Eight Mile Road the northerly boundary of the 313 area code; and FURTHER, the Council requests that Governor John Engler, Senator Robert Geake, State Representatives John Bennett and Lyn Bankes and the Public Service Commission do all things necessary to continue the inclusion of all of Livonia's households and places of business in the existing 313 area code and prevent the unwarranted division of Livonia. On a motion by Taylor, seconded by Feenstra, it was: #460-92 RESOLVED, that having considered a communication from the City Assessor, dated April 30, 1992, approved for submission by the Mayor, with regard to a request from Ronald Borkowski, P.O. Box 52232, Livonia, Michigan 48152, for a division and combination of Tax Item Nos. 46 099 99 0031 000 and 46 099 99 0032 000 into four (4) parcels, 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 result: AYES: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and McGee. NAYS: Toy. The President declared the resolution adopted. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: #461-92 RESOLVED, that having considered a communication from the Mayor, dated May 1, 1992, the Council does hereby approve of and concur in the reappointment of Robert Morrow, 19421 Laurel, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which will expire on June 9, 1995, provided that Mr. Morrow takes the oath of office as required in Section 2, Chapter X of the City Charter, to be administered by the City Clerk 27065 On a motion by Jurcisin, seconded by Ochala, and unanimously 16 adopted, it was: #462-92 RESOLVED, that having considered a communication from the Mayor, dated May 19, 1992, the Council does hereby approve of and concur in the appointment of Robert Alanskas, 36218 Barkley, Livonia, Michigan 48154 to the City Planning Commission for a term of three years, which will expire on June 9, 1995, provided that Mr. Alanskas takes the oath of office as required in Section 2, Chapter X of the City Charter, to be administered by the City Clerk. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #463-92 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 11, 1992, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Bandit Industries, Inc , 6750 Millbrook Road, Remus, Michigan 49340, for supplying the Public Service Division (Forestry Section) with two (2) 16" trailer-mounted brush chippers for a net price of $21,910.00, based on a total price of $25,910.00, less trade-ins of $4,000.00, the same having been in fact the lowest bid received which meets specifications; and the bid of Michigan CAT is hereby rejected for the reason that it does not meet specifications. A communication from the Engineering Department, dated May 14, 1992, re: the proposed street improvement for Pembroke between Flamingo Avenue and Purlingbrook Road was received and placed on file for the information of the Council. (CR 200-92) On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: #464-92 RESOLVED, that before determining to construct a road improvement on Pembroke between Flamingo Avenue and Purlingbrook Road consisting of 4" of asphalt over the existing roadway, approximately 20 feet wide (Alternate IV), which improvement shall be constructed within the existing 30 feet of roadway, in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an 27066 estimate of the cost thereof, and to file the same with the City ter Clerk, together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 3.08.060 of the Livonia Code of Ordinances, as amended. On a motion by Jurcisin, seconded by Taylor, and unanimously adopted, it was: #465-92 RESOLVED, that having considered a communication from the Department of Law, dated May 18, 1992, approved by the City Engineer and Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Department of law to acquire right-of-way at 34235 West Seven Mile Road, owned by Kenneth A. Salisbury and Katherine M. Wickersham, his wife, described as follows: The North 60 feet of the following described parcel: That part of the N.E. 1/4 of Section 9, T. 1 S , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the North line of said Section, distant N. 89°50'50" East 262 10 ft. from th North 1/4 corner of Section 9 and proceeding thence N. 89°50'50" East along said line 107.0 ft. ; thence S. 0°35'26" East 253 0 ft. ; thence S. 89°50'50" West 107.0 ft. ; thence N. 0°35'26" West 253.0 ft. to the Point of Beginning. (Seven Mile Road Right-of-Way) 033-99-0004-000 subject to the following conditions: (1) that the purchase price shall be in the sum of $9,000; (2) that the City of Livonia shall pay for the cost of title work in the sum of $200; (3) that the City's portion of the prorated City, County, County Drain, School and Community College taxes shall be in a sum not to exceed $400. BE IT FURTHER RESOLVED, that a sum not to exceed $9,000 is hereby authorized to be expended from the 12 Million Dollar Obligation Road Improvement Bond Issue approved by the electorate in 1989, for the acquisition of said Seven Mile Road right-of-way; and the City Clerk is hereby requested to do all things necessary or ILK incidental to the full performance of the resolution. 27067 On a motion by Jurcisin, seconded by Feenstra, it was: 1-bir #466-92 RESOLVED, that having considered a communication from the City Planning Commission, dated April 6, 1992, which sets forth its resolution 3-243-92 adopted on March 31, 1992, with regard to Petition 92-2-2-5 submitted by Stephen R. Emsley requesting waiver use approval to convert a portion of a historical residential structure for use as a veterinary office on property located on the southwest corner of Eight Mile Road and Meadowview Lane in the Northwest 1/4 of Section 6, which property is zoned RUF-C, and the Council having conducted a public hearing with regard to this matter on May 20, 1992, pursuant to Council Resolution 324-92, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 92-2-2-5 is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Ochala, Feenstra, McGee, and Toy. NAYS: Taylor and Kavanagh. The President declared the resolution adopted. On a motion by Ochala, seconded by Jurcisin, it was: #467-92 RESOLVED, that having considered a communication from the City Planning Commission, dated May 20, 1992, which transmits its resolution 5-367-92 adopted on May 5, 1992 with regard to Petition 92-4-2-15 submitted by Livonia Inns, Inc. , requesting waiver use approval to operate a car rental facility on property located on the south side of Plymouth Road between Milburn Avenue and Middlebelt Road in the Northwest 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 92-4-2-15 is hereby approved and granted, subject to the following conditions: 1) That there shall be no more than ten (10) rental cars parked in the immediate area of the Rent-a-Car office and no more than thirty-five (35) rental cars stored or parked on the site at any one time; 2) That this operation shall be limited to the rental of automobiles only; 3) That there shall be no storage of unlicensed or damaged vehicles on the site; ILL 4) That there shall be no maintenance of any vehicle performed on this subject property; 27068 5) That there shall be no gasoline, oil, transmission fluid, window washer fluid, brake fluid, antifreeze or other similar materials stored anywhere on the subject property or inside the subject building; and 6) That the signs be limited to the existing reader board on the ground sign. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Taylor, Ochala, and McGee. NAYS: Feenstra, Kavanagh, and Toy. The President declared the resolution adopted. On a motion by Jurcisin, seconded by Taylor, it was: Kavanagh left the podium at 8 40 p.m. due to a conflict of interest on this matter #468-92 RESOLVED, that having considered a communication from the City Clerk, dated May 26, 1992, which indicates that the Ihr proprietor of Parkside Villas Subdivision, located on the south side of Seven Mile Road between Wayne and Van Roads in the Northeast 1/4 of Section 8, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval; and the Council having received a communication from the City Planning Commission, dated May 20, 1992, wherein said Commission approves the final plat for the said subdivision in its resolution 5-373-92, adopted on May 5, 1992; and the Council having considered a report from the City Engineer, dated April 20, 1992, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 819-91, adopted on October 23, 1991, said preliminary plat having been recommended for approval by the City Planning Commission on August 20, 1991, in its resolution 5-373-92; NOW, THEREFORE, the Council does hereby determine to grant its approval to the final plat of Parkside Villas Subdivision, located in the Northeast 1/4 of Section 8, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia; and FURTHER, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: 27069 AYES: Jurcisin, Taylor, Ochala, Feenstra, McGee, and Toy. NAYS: None. The President declared the resolution adopted. Kavanagh returned to the podium at 8:42 p.m. On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, it was: #469-92 RESOLVED, that having considered a communication from the City Planning Commission, dated May 21, 1992, which transmits its resolution 5-366-92, adopted on May 5, 1992, with regard to Petition 92-3-2-14, submitted by John M. Mitchell of Tri-Co Foods Inc. requesting waiver use approval to operate a limited service restaurant in an existing shopping center located on the north side of Plymouth Road between Tech Center Drive and Sears Avenue in the Southeast 1/4 of Section 26, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 92-3-2-14 is hereby approved and granted, subject to the number of customer seats being limited to no more than 30. it was: by Taylor, seconded by Ochala, and unanimously adopted, #470-92 RESOLVED, that having considered a communication dated May 21, 1992, from the Department of Law transmitting for Council acceptance a Grant of Easement, more particularly described as: (1) Grant of Easement dated May 13, 1992, executed by Thomas R. Runquist, President of First Centrum Corporation, a Michigan corporation, General Partner of Meadows of Livonia Limited Partnership, a Michigan limited partnership, to the City of Livonia, for: A 20 foot wide water main easement being a part of the N.W. 1/4 of Section 24, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, the centerline of said easement being more particularly described as beginning at a point distant S. 00°21'59" East, 1350.87 feet and N. 89°45'14" West, 692.16 feet and S. 00°23' 18" East, 430.63 feet from the North 1/4 corner of said Section 24; proceeding thence N 89°45'09" West, 265.32 feet; thence N. 00°14'51" East, 86.67 feet; thence S. 00°14'51" West, 305.59 feet; thence N. 00°14'51" East, 218.92 feet; thence N. 89°45'09" West, 85.30 feet; thence S. 30°14'51" West, 212.28 feet to the point of ending 27070 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 Feenstra, and unanimously adopted, it was: #471-92 RESOLVED, that having considered a communication from the Department of Law, dated June 2, 992, submitted pursuant to Council Resolution 381-92 transmitting for Council acceptance a warranty deed dated May 29, 1992, executed by Helen Constantine, conveying to the City certain property described as follows: The South 60 feet of the following described parcel: Part of the S.E 1/4 of Section 4, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan, commencing at the South 1/4 corner of Section 4; thence N 89°54'30" East 249.32 ft. along the South line of Section 4 to the Point of Beginning; thence N. 00°10'55" East 338. 16 ft. ; thence S. 89°49'05" East 204.80 ft. ; thence S. 00°10'55" East 337.18 ft. to the South line of Section 4; thence S. 89°49'05" West 204.80 ft. to the Point of Beginning. (Seven Mile Road Right-of-Way) - Tax Parcel 016-99-0010-000 the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid warranty deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; FURTHER, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt. On a motion by Taylor, seconded by Kavanagh, and unanimously adopted, it was: #472-92 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: #473-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 3, 1992, and submitted pursuant to Council Resolution 453-91 with regard to the usage of the pole clamps which were installed on utility 27071 poles in the Civic Center area pursuant to a donation by the Livonia Anniversary Committee, Inc. (Spree), the Council does thereby determine to take no further action. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #474-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated June 3, 1992, the Council does hereby approve and authorize the installation of Spree banners on utility poles in the Civic Center area in connection with Spree "42". On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was: #475-92 RESOLVED, that having considered a communication from the Michigan Perot Petition Campaign (by Susan Kozak-Johnson), 18994 Laurel Drive, Livonia, Michigan 48152, received by the office of the City Clerk on June 3, 1992, requesting permission to conduct a parade in support of the Perot Petition Campaign on June 20, 1992, commencing at 1:00 p.m , starting at Henry Ruff and going east on Five Mile to Harrison Road and then north on Harrison, which would end at 15540 Harrison, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department and subject to the Michigan Perot Petition Campaign posting an appropriate insurance policy which provides at least $500,000 in public liability and property damage insurance and names the City of Livonia, its employees and representatives, as additional insureds, subject to approval as to form by the Department of Law; FURTHER, the Council does hereby authorize the submission of an application and request for an appropriate temporary closure of a County road from the Wayne County Department of Public Services in the manner and form set forth in a letter dated June 4, 1990; FURTHER, that any and all costs incurred by the City in connection with this event and providing police personnel, reserve police, DPW personnel, barricades, etc. , shall be borne and paid for by the Michigan Perot Petition Campaign. On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was: #476-92 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Director of Public Works, dated June 5, 1992, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Detroit Temperature Engineers, Inc. , 12490 Globe Road, Livonia, Michigan 48150, for completing all work required in connection with the Idyl Wyld Clubhouse Air Conditioning/Ventilating Renovation Project required under the 27072 base bid for the sum of $53,045.00, as well as completion of Alternate #1 for the sum of $1,285.00 and Alternate #3 for the 16 sum of $4,600.00, the total amount of the foregoing contract being in the sum of $58,930.00, 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 the sum of $58,930.00 from the Capital Projects Fund (Account No. 401-000-976-000) for this purpose; and the Director of Public Works 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. On a motion by Jurcisin, seconded by Feenstra, it was: McGee made the following disclosure respecting a conflict of interest on this matter: Madame 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 9 25 p m. #477-92 WHEREAS, June 10, 1992, at 11 00 o' clock a.m. , Eastern Daylight Time, has been set as the date and time for opening bids for the purchase of the Issuer's $3,000,000 1992 General Obligation Unlimited Tax Bonds; AND WHEREAS, said bids have been publicly opened and read; AND WHEREAS, the following bids have been received: Average Net Interest Interest Interest Bidder Maturity Rate Premium Rate Cost Griffin, Kubik, 01-Mar-94 7.50 0 5.8671 1,590,000.00 Stephens & 01-Mar-95 7 50 Thompson, Inc. 01-Mar-96 7.50 01-Mar-97 7.50 01-Mar-98 7 50 01-Mar-99 7.50 01-Mar-00 5.50 01-Mar-01 5.50 01-Mar-02 5.50 01-Mar-03 5.50 01-Mar-04 5 50 01-Mar-05 5.50 01-Mar-06 5.50 01-Mar-07 5.50 27073 Average Net Interest Interest Interest Bidder Maturity Rate Premium Rate Cost Kemper Chicago 01-Mar-94 7 10 9.50 5.872659 1,591,490.50 01-Mar-95 7.30 01-Mar-96 7.30 01-Mar-97 7.30 01-Mar-98 6 80 01-Mar-99 5.30 01-Mar-00 5.50 01-Mar-01 5.60 01-Mar-02 5.75 01-Mar-03 5 75 01-Mar-04 5.75 01-Mar-05 5 75 01-Mar-06 5 75 01-Mar-07 5.75 Prudential with 01-Mar-94 7.50 3,265.00 5.9028 1,599,672.50 others 01-Mar-95 7 50 Security Bank 01-Mar-96 7.50 01-Mar-97 7 50 01-Mar-98 7.50 01-Mar-99 7.50 01-Mar-00 6 25 01-Mar-01 5 50 01-Mar-02 5 50 01-Mar-03 5 50 01-Mar-04 5 50 01-Mar-05 5.50 01-Mar-06 5 50 01-Mar-07 5.50 McDonald & Co. 01-Mar-94 7.25 0 5.91978 1,604,262.50 Cleveland 01-Mar-95 7 25 01-Mar-96 7 25 01-Mar-97 7.25 01-Mar-98 5 30 01-Mar-99 5 30 01-Mar-00 5.50 01-Mar-01 5 50 01-Mar-02 5 75 01-Mar-03 5.75 01-Mar-04 6.00 01-Mar-05 6.00 01-Mar-06 6 00 01-Mar-07 6.00 27074 Average Net Interest Interest Interest im Bidder Maturity Rate Premium Rate Cost Clayton Brown & 01-Mar-94 7 50 0 6.0232 1,632,291.67 Assoc. Inc. 01-Mar-95 7 50 01-Mar-96 7.50 01-Mar-97 7.50 01-Mar-98 7 50 01-Mar-99 7.50 01-Mar-00 7.50 01-Mar-01 5.50 01-Mar-02 5.50 01-Mar-03 5 50 01-Mar-04 5 50 01-Mar-05 5.50 01-Mar-06 5 60 01-Mar-07 5 60 NBD N.A. 01-Mar-94 7.50 0 6.050646 1,639,725.00 01-Mar-95 7.50 01-Mar-96 7 50 01-Mar-97 7 50 01-Mar-98 7 50 01-Mar-99 7 50 Imo 01-Mar-00 7 20 01-Mar-01 5 60 01-Mar-02 5 60 01-Mar-03 5 60 01-Mar-04 5 60 01-Mar-05 5 60 01-Mar-06 5 60 01-Mar-07 5.60 AND WHEREAS, the bid of Griffin, Kubik, Stephens & Thompson, Inc. has been determined to produce the lowest interest cost to the Issuer. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The bid of Griffin, Kubik, Stephens & Thompson, Inc. , as above stated, be and the same is hereby accepted. 2. Checks of the unsuccessful bidders be returned to each bidder's representative or by registered mail. 3. The Issuer hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exclusion of the interest on the Bonds from adjusted gross income for general federal income tax Imo purposes under the Internal Revenue Code of 1986, as amended (the "Code"), including, but not limited to, actions 27075 relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Bond proceeds and Ihm moneys deemed to be Bond proceeds. 4. The Issuer hereby covenants that the useful life of the projects to be financed with the proceeds of the bonds awarded herein is estimated to be not less than twenty (20) years. 5. 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: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and Toy. NAYS: None The President declared the resolution adopted. McGee returned to the podium at 9 27 p m. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: #478-92 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 9, 1992, and submitted pursuant to Council Resolution 881-91, in connection with the review of the site plan, floor plan, exterior elevations and landscape plan, submitted by Wade-Trim/Associates, 155 Romeo Street, Rochester, Michigan 48307, for the proposed expansion/renovation of the 16th District Court, and having also considered the report and recommendation of Wade-Trim/Associates, dated April 7, 1992, the Council does hereby approve as an addition to the plans previously approved in CR 866-91 the inclusion of an automatic opening door system which shall be a handicap access opening door system for an estimated total cost of $6,174.00. No one wished to speak during the audience communication portion at the end of the meeting. On a motion by Feenstra, seconded by Taylor, and unanimously adopted, this 1,226th Regular Meeting of the Council of the City of Livonia lio was adjourned at 9:30 p.m. , June 10, 1992. J n McCotter, City Clerk