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HomeMy WebLinkAboutCOUNCIL MINUTES 1992-06-24 27077 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND TWENTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA liw On June 24, 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 Taylor delivered the invocation. Roll was called with the following result: Gerald Taylor, Ron Ochala, Fernon P. Feenstra, Sean P Kavanagh, Michael P. McGee, Dale A. Jurcisin, 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; David N. Preston, Finance Director; James Inglis, Housing Director; Ronald Reinke, Parks & Recreation Superintendent; lisand Robert Alanskas, Planning Commission On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #479-92 RESOLVED, that the minutes of the 1,226th Regular Meeting of the Council of the City of Livonia, held June 10, 1992, are hereby approved as corrected Gary Heinrichs, 18222 Pershing, Livonia, MI, spoke during the audience communication portion of the meeting regarding the establishment of bike routes, special purpose traffic lights, and the parking of commercial trucks overnight in residential areas. On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, it was: #480-92 RESOLVED, that based upon the comments made at the Regular Meeting of June 24, 1992 by Mr. Gary Heinrichs, 18222 16. Pershing, Livonia, MI, that the Council does hereby request that the Mayor submit a report and recommendation with respect to establishing bike routes, with respect to special purpose traffic lights and the deactivation of same during certain periods, and with respect to the problem of trucks which are parked on residential streets 27078 Based upon the comments submitted by Councilman Fernon P. Feenstra, the following items were referred by direction of the Council President to the Inspection Department for a report and recommendation: a real estate "For Sale" sign which is in the public right-of-way with respect to property located at 32401 Cambridge; signs which are affixed to the fence at Greenmead at Eight Mile and Newburgh Roads for an event which is scheduled to take place on July 12, 1992 (and which has not yet received City Council approval); and the process required for the issuance of a permit for a tent sale of automobiles which is scheduled to take place at the northeast corner of Farmington and Plymouth Roads. Also based upon Councilman Fernon P. Feenstra's comments and by direction of the Council President, the matter of archiving City Council tapes (which were used 13 times between June, 1991 and March, 1992) for a Itoperiod of one year was referred to the Committee of the Whole for its report and recommendation. A communication from the Department of Law, dated June 2, 1992, re: Pentagon Properties Ltd Partnership v City of Livonia, Zoning Board of Appeals; Wayne County Circuit Court Case No. 91-102324-AA; Court of Appeals Docket No. 142082; Supreme Court Docket No. 92764, was received and placed on file for the information of the Council. A communication from the Department of Law, dated June 8, 1992, re: Merrel Fulton v City of Livonia and Livonia Sgt. Remer - Wayne County Circuit Case No. 91-130-380-NO, was received and placed on file for the information of the Council. On a motion by Ochala, seconded by Taylor, it was: #481-92 RESOLVED, that having considered an application from Diane Geverink, 34462 Woodvale, Livonia, Michigan, dated May 26, 1992, requesting permission to place barricades at Woodvale and Ashurst and at Woodvale and Alpine for the purpose of conducting 270x9 a block party on Woodvale and Oakhill Court on Saturday, July 4, Ito 1992, from 12:00 noon to 10:00 p m. , the Council does hereby grant permission as requested, including therein permission to conduct the said affair on July 5, 1992, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #482-92 RESOLVED, that having considered an application from Delene M. Fettig, 30860 Rayburn, Livonia, Michigan, dated June 2, 1992, requesting permission to close Rayburn Street from Merriman to Sunset on Saturday, July 18, 1992, from 12:00 p m. to 12:00 a 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 July 25, 1992 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #483-92 RESOLVED, that having considered certain petitions submitted by representatives of Melody Foods, Inc. , requesting the installation of a traffic control device at the intersection of Merriman Road and Industrial Drive, the Council does hereby refer this item to the Traffic Commission for its report and recommendation. #484-92 RESOLVED, that the Council does hereby request that the liter Engineering Department submit a report and recommendation on the availability of Federal money for the installation of new types of traffic control devices. #485-92 RESOLVED, that having considered a letter from Robert Sunman, 20409 Inkster, Livonia, Michigan 48152, dated June 2, 1992, wherein an interest is expressed for the purchase of certain City-owned property identified as Lot 29 of the Argonne Subdivision (Tax Parcel No. 46-001-04-0029-000), the Council does hereby refer this item to the Department of Law for its report and recommendation. #486-92 RESOLVED, that having considered a letter from Alan J. Lehto, 39195 Parkhurst, Livonia, Michigan 48154, dated May 27, 1992, wherein a request is submitted for a review and possible revision of certain portions of the Secondhand Dealer Ordinance set forth in Chapter 5.76 of the Livonia Code of Ordinances and its application to the resale of certain kinds of sporting goods, the Council does hereby refer this item to the Legislative Committee and the Police Department for their respective reports and recommendations. #487-92 RESOLVED, that having considered the report and recommendation of the Mayor, dated May 26, 1992, in connection with the Madonna University Second Annual Homecoming Carnival which was conducted on April 29, 1992 through May 3, 1992, the Council does hereby determine to waive the sum of $1,228.35 (52%) of the total cost for Police services rendered with regard to this activity. 27080 #488-92 RESOLVED, that having considered the report and recommendation of the Mayor, dated May 26, 1992, in connection with the Madonna University Second Annual Homecoming Carnival which was conducted on April 29, 1992 through May 3, 1992, the Council does hereby request that the Legislative Committee submit a report and recommendation with regard to establishing a policy governing the waiver of fees (such as for permits and greens fees) and costs (such as for Police services) for activities conducted by civic and charitable organizations in the City of Livonia, including consideration of multiple requests submitted by individual organizations during a one-year period. #489-92 RESOLVED, that having considered the report and recommendation of the Mayor, dated May 26, 1992, in connection with the Madonna University Second Annual Homecoming Carnival which was conducted on April 29, 1992 through May 3, 1992, the Council does hereby request that the Finance and Insurance Committee submit its report and recommendation on the question of establishing a policy relative to providing reimbursement and/or augmenting funds to a City department whose budget has suffered a loss of anticipated revenue by reason of the City Council's approval of requests submitted by civic and charitable organizations requesting a waiver of fees and/or costs for activities conducted in the City of Livonia. A communication from the City Clerk, dated May 21, 1992, re: the proposed tax levy adopted by the Livonia Public Schools for the 1992-93 Fiscal Year was received and placed on file for the information of the Council. A communication from the City Clerk, dated June 1, 1992, re: the proposed tax levy adopted by Schoolcraft College for 1992 was received and placed on file for the information of the Council. A communication from the City Clerk, dated June 9, 1992, re: the proposed tax levy for the Clarenceville School District for 1992 was received and placed on file for the information of the Council. A communication from the City Clerk, dated June 11, 1992, re the proposed tax levy adopted by Oakland Schools for 1992 was received and placed on file for the information of the Council. #490-92 RESOLVED, that having considered the report and recommendation of the City Librarian, dated May 28, 1992, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize the purchase of a service/maintenance agreement for 3M Book Theft Detection System 27081 for the City's three libraries from 3M, Minnesota Mining and liw Manufacturing Company, 1330 County Road C, East, Maplewood, Minnesota 55109, for the price of $3,664 00, the same to be appropriated and expended from the following accounts in the following amounts: $1,722.00 from Account 271-739-827-010 1,104 00 from Account 271-738-827-010 838 00 from Account 271-740-827-010 $3,664.00 - Total FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3.04 140D5 of the Livonia Code of Ordinances, as amended. #491-92 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated June 5, 1992, approved for submission by the Finance Director and the Mayor, and which transmits Parks & Recreation Commission resolution 2181-92, adopted on April 6, 1992, wherein it is recommended that permission be granted to Michigan State Youth Soccer Association to hold the Ford-Wolverine Soccer Tournament on July 4th, 5th and 6th, 1992 at Bicentennial Park under the following conditions: 1 That Jaycee Park be considered as backup and used only in an emergency situation; 2. That the MSYSA submit an itemized list of concessioners, vendors, porta-johns and other equipment needed for approval by the Department of Parks and Recreation; 3. There are to be no concessions or vendors at Jaycee Park; 4. That the MSYSA provide the City of Livonia with an insurance policy naming the City of Livonia as additional insured, with liability coverage of one million dollars; 5. That the MSYSA assume responsibility for any related expenses, i e , porta-johns, field permits, etc; 6. Concessions are to be operated by parents and no outside vendors are to be permitted; and 7. That the MSYSA contact the Wayne County Health Department advising them that food will be served at tournament; The Council does hereby concur in and approve of such action. 27082 #492-92 RESOLVED, that having considered a communication from liw the Water and Sewer Board, dated May 19, 1992, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2967 5/92, the Council does hereby authorize extending the bid previously accepted from S.L C Hydro-Meter Testing & Repair, 3059 Dixie Highway, Waterford, Michigan 48328-1719, to perform test and repair of large commercial water meters at the unit prices previously bid for all meter sizes requested for the period through April 30, 1993; FURTHER, the Council does hereby authorize the said item without additional competitive bidding in accordance with Section 3.04.140D5 of the Livonia Code of Ordinances, as amended. #493-92 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 5, 1992, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2968 6/92, the Council does hereby accept the bid of D'Angelo & Son, P.O. Box 396, Farmington, Michigan 48332, for performing water main taps and service connections, 3/4" to 2", at various locations throughout the City at the unit prices bid for the period through March 31, 1993, the same having been the lowest and only bid received and meets all specifications. #494-92 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 9, 1992, approved by the Ile Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2969 6/92, the Council does hereby authorize Basney & Smith, Inc. , 33177 Schoolcraft Road, Livonia, Michigan 48150, to include the off-site water main extension to Merriman Court in connection with the development of the Fargo Woods Subdivision; FURTHER, the Council does hereby authorize an appropriation in the amount of $9,176.00 from the Unexpended Fund balance of the Water Fund for this purpose; and the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04.140D5 of the Livonia Code of Ordinances, as amended. #495-92 RESOLVED, that having considered the report and recommendation of the Department of Law, dated June 9, 1992, approved for submission by the Mayor and submitted pursuant to Council Resolution 541-91 in connection with a letter from Mr. Leo Soave, 34822 Pembroke, Livonia, Michigan 48152, dated May 28, 1991, wherein an interest is indicated in the purchase of certain City-owned property located at 9231 Lamont, Livonia, Michigan, the Council does hereby determine to take no further action on this item. #496-92 RESOLVED, that having considered a communication from the City Planning Commission, dated June 8, 1992, which transmits lip its resolution 6-381-92, adopted on June 2, 1992, with regard to a revised site plan submitted in connection with Petition 27083 81-4-8-14 by Royal Management Co. , requesting approval of a new drive approach to Six Mile Road in Section 18, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and the revised site plan submitted in connection with Petition 81-4-8-14 is hereby approved and granted, subject to the following condition: That the Revised Site Plan by Royal Management for a new drive approach to Six Mile prepared by Stenrose-Tobin Associates, dated 5/21/92 is hereby approved and shall be adhered to. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Taylor, Ochala, Feenstra, Kavanagh, McGee, Jurcisin, and Toy. NAYS: None. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: #497-92 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 8, 1992, and submitted pursuant to Council Resolution 92-91 in connection with a communication from the Council President, dated January 16, 1991, as well as a report from the Mayor, dated January 2, 1991, and a report from the City Engineer, dated January 7, 1991, with regard to the need, if any, for a new S.A.D. roll to be prepared for the street improvement project for Bethany, Northland and St. Martins (S.A.D. 325) due to a new drive approach which was constructed on to Bethany Avenue from the shopping center which is located on the west side of Seven Mile Road, north of Newburgh Road, the Council does hereby determine to take no further action. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: #498-92 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 8, 1992, the Council does hereby rescind and repeal Council Resolution 912-90, adopted on September 24, 1990. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: 27084 #499-92 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 8, 1992, in connection with a communication from the City Planning Commission, dated September 20, 1990, which transmits its resolution 9-455-90 adopted on September 18, 1990, with regard to Petition 86-8-8-50, revised, submitted by Dominic Soave, requesting site plan approval in connection with a proposal to construct a retail and office building on the west side of Newburgh Road between Seven Mile Road and Northland Road in Section 6 with reference to a request by the petitioner to connect the rear parking and service area to Seven Mile Road with a new drive approach pursuant to the provision set forth in Section 18.47 of Ordinance 543, as amended, the Council does hereby refer this matter back to the City Planning Commission for a new revised site plan which provides ingress to the shopping center by constructing a driveway from Seven Mile Road. Kavanagh left the podium at 8:25 p.m. On a motion by Jurcisin, seconded by Feenstra, it was: #500-92 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 8, 1992, in connection with a communication from the City Planning Commission, dated September 20, 1990, which transmits its resolution 9-455-90 adopted on September 18, 1990, with regard to Petition 86-8-8-50, revised, submitted by Dominic Soave, requesting site plan approval in connection with a proposal to construct a retail and office building on the west side of Newburgh Road between Seven Mile Road and Northland Road in Section 6 with reference to a request by the petitioner to connect the rear parking and service area to Seven Mile Road with a new drive approach pursuant to the provision set forth in Section 18.47 of Ordinance 543, as amended, the Council does hereby reject the recommendation of the Planning Commission and the revised site plan submitted in connection with Petition 86-8-8-50 is hereby denied for the following reasons: 1) The petitioner has failed to affirmatively show that the additional access is actually needed for safe traffic flow to and from the site; and 2) The location of the proposed drive and its relation to the street giving access to it will be such that traffic to and from the site will be hazardous to the neighborhood since it will unduly conflict with the normal traffic in the area based upon a report received from the Police Department's Traffic Bureau dated 7/2/90. A roll call vote was taken on the foregoing resolution with the following lbw result: 27085 AYES: Taylor, Ochala, Feenstra, McGee, Jurcisin, and Toy. NAYS: None. The President declared the resolution adopted. Kavanagh returned to the podium at 8:27 p.m. On a motion by Jurcisin, seconded by Taylor, it was: RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 8, 1992, and submitted pursuant to Council Resolution 238-91, the Council does hereby determine that, at such time as may be appropriate, the Engineering Department should proceed with the improvement of Lamont, north of Joy Road in the Southeast 1/4 of Section 31 on the basis of an Alternate IV road improvement, and Stonehouse between Joy Road and Minton in the Southeast 1/4 of Section 31 on the basis of an Alternate III road improvement. A roll call vote was taken on the foregoing resolution with the following result: Iby AYES: Ochala, Kavanagh, and Toy NAYS: Taylor, Feenstra, McGee, and Jurcisin. The President declared the resolution denied On a motion by Jurcisin, seconded by Taylor, it was: #501-92 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 8, 1992 and submitted pursuant to Council Resolution 238-91, the Council does hereby request that, at such time as may be appropriate, the Engineering Department should proceed to improve Lamont and Stonehouse, north of Joy Road, in the Southeast 1/4 of Section 31, on the basis of an Alternate IV road improvement. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, McGee, and Jurcisin. NAYS: Ochala, Kavanagh, and Toy. The President declared the resolution adopted. lbwOn a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: 27086 #502-92 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 8, 1992, and submitted pursuant to Council Resolution 471-91 in connection with the matter of establishing a policy in connection with the financing of road improvements in areas where it would be inequitable to specially assess property owners with road frontage, the Council does hereby request that the Engineering Department submit a report and recommendation setting forth guidelines and criteria for establishing an overall policy for street improvements based upon such factors as the nature of the neighborhood, nature of the improvement, method of financing that would be required (i.e. , general bond issue, special assessment), etc. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: #503-92 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 8, 1992, and submitted pursuant to Council Resolution 293-92 in connection with the report and recommendation of the City Assessor, dated January 17, 1992, approved for submission by the Mayor, pursuant to Council Resolution 45-92 and which transmits an assessment roll for a street improvement of Henry Ruff south of Five Mile Road, and the Council having conducted a Public Hearing on the roll on March 18, 1992, and having also considered a communication from the City Assessor, dated March 26, 1992, approved for submission by the Mayor, which submits a revised assessment roll with respect to the aforesaid street improvement, the Council does hereby determine to proceed no further with the special assessment proceedings heretofore commenced for the proposed improvement. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: #504-92 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 8, 1992, and submitted pursuant to Council Resolution 293-92 in connection with the report and recommendation of the City Assessor, dated January 17, 1992, approved for submission by the Mayor, pursuant to Council Resolution 45-92 and which transmits an assessment roll for a street improvement of Henry Ruff south of Five Mile Road, and the Council having conducted a Public Hearing on the roll on March 18, 1992, and having also considered a communication from the City Assessor, dated March 26, 1992, approved for submission by the Mayor, which submits a revised assessment roll with respect to the aforesaid street improvement, the Council does hereby request that the Engineering Department submit a report and recommendation on the question of whether there are any other streets in the City of Livonia with conditions that are similar to Henry Ruff between Lyndon and Five Mile Road. 27087 On a motion by Jurcisin, seconded by Feenstra, and unanimously wo adopted, it was: #505-92 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 8, 1992, and submitted pursuant to Council Resolution 293-92 in connection with the report and recommendation of the City Assessor, dated January 17, 1992, approved for submission by the Mayor, pursuant to Council Resolution 45-92 and which transmits an assessment roll for a street improvement of Henry Ruff south of Five Mile Road, and the Council having conducted a Public Hearing on the roll on March 18, 1992, and having also considered a communication from the City Assessor, dated March 26, 1992, approved for submission by the Mayor, which submits a revised assessment roll with respect to the aforesaid street improvement, the Council does hereby request a report from the Traffic Commission on the matter of limiting the use of Henry Ruff, south of Five Mile Road, and adjoining streets, by large trucks and commercial vehicles. On a motion by Ochala, seconded by Feenstra, and unanimously adopted, it was: #506-92 RESOLVED, that the Council does hereby request that the Public Service Division patch the holes on Henry Ruff Road south of Five Mile Road. On a motion by Taylor, seconded by Kavanagh, and unanimously adopted, it was: #507-92 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 9, 1992, and submitted pursuant to Council Resolution 952-86 in connection with a communication from the Mayor, dated September 16, 1986, and a communication from the Cable Television Commission, dated September 29, 1986, approved for submission by the Mayor, with regard to proposals received for professional design services for a comprehensive program for Civic Center signage, the Council does hereby determine to take no further action. On a motion by Taylor, seconded by Kavanagh, and unanimously adopted, it was: #508-92 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 9, 1992, and submitted pursuant to Council Resolution 434-91 in tor connection with the report and recommendation of the Director of Public Works, dated May 10, 1991, approved by the Director of 27088 Finance and approved for submission by the Mayor, and which Ifts submits a recommendation with regard to bids received for seventeen (17) Civic Center signs, and having also considered the report and recommendation of the Director of Public Works, dated June 9, 1992, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby determine to reject all bids received with respect to this item and to authorize the Public Service Division to complete all work required with respect to Civic Center signs; FURTHER, the Council does hereby appropriate the sum of $2,500.00 from the Unexpended Fund balance of the Restricted Fund for Cable Television for the material expense, the same to be transferred to Account No. 101-475-786-000 for this purpose; FURTHER, the Council does hereby request that the Cable TV Commission submit a report on the status of the Unexpended Fund balance of the Cable Television funds. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: #509-92 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 9, 1992, and submitted pursuant to Council Resolution 1107-89, in connection with new HUD housing regulations, as well as a senior citizen housing package submitted by the Mayor, dated October 16, 1989, which proposes a "Silver Village II" proposal for a 120 unit development on certain City-owned land located on the west side of Newburgh Road between Amrhein Road and Plymouth Road, the Council does hereby determine to take no further action. On a motion by Taylor, seconded by Kavanagh, and unanimously adopted, it was: #510-92 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 9, 1992, and having also considered a report and recommendation from the Executive Director of the Housing Commission, dated June 22, 1992, to which is attached a revised plaque design dated June 23, 1992, the Council does hereby determine to approve and authorize the proposed dedication plaque design, for the placement of the plaque in the Community Building at Newburgh Village, in the manner set forth in the design dated June 23, 1992. A communication from the Capital Improvement Committee, dated June 9, 1992, re: CR 1114-89 - District Court Needs Study and proposed Expansion/Renovation Programming Project was received and placed on file for the information of the Council. 27089 A communication from the Capital Improvement Committee, dated June 9, 1992, re: CR 883-90 - "1991 - 1996" Capital Improvement Program was received and placed on file for the information of the Council. On a motion by Taylor, seconded by Kavanagh, and unanimously adopted, it was: #511-92 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 9, 1992, and submitted pursuant to Council Resolution 188-91 in connection with the report and recommendation of the Mayor and the Director of Administrative Services, dated February 20, 1991, which bears the signature of the Finance Director and to which is attached a report and recommendation from the Code Enforcement Officer and the Director of Building Inspection, dated February 12, 1991, with regard to noise level problems incurred by City Hall personnel on the fourth and fifth floors, the Council does hereby determine to take no further action. On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: Iftw #512-92 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated June 9, 1992, and submitted pursuant to Council Resolution 523-91 in connection with a letter from the City Treasurer, dated June 3, 1991, wherein she has asked whether her office should repair an existing copy machine or will the City Council approve a new machine which will cost about $4,000 00, the Council does hereby determine to take no further action. A communication from the Capital Improvement Committee, dated June 9, 1992, re: CR 822-91 - "1992 - 1997" Capital Improvement Program was received and placed on file for the information of the Council. A communication from the Capital Improvement Committee, dated June 9, 1992, re: CR 73-92 - Subject of the alteration made to the second floor of the City Hall was received and placed on file for the information of the Council. 27090 Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 18.50, 18.50A, 18.50B, 18.50C, 18.50D, 18.50E AND 18.50F OF AND ADDING SECTIONS 18.50G, 18.50H, 18.50I, 18.50J AND 18.50K TO ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (PETITION 90-12-6-9) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting Ochala took from the table, for second reading and adoption, 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. A roll call vote was taken on the foregoing Ordinance with the following ibm result: AYES: Taylor, Ochala, Feenstra, Kavanagh, McGee, Jurcisin, and Toy. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Taylor, seconded by McGee, it was: The President relinquished the Chair to the Vice President at 9:15 p m. #513-92 RESOLVED, that having considered a letter from the Livonia Jaycees, dated May 20, 1992, and a letter from the Livonia Family "Y" received by the office of the City Clerk on June 9, 1992, wherein a request is submitted for the waiver of greens fees in connection with the Second Annual Jaycees Golf Tournament to be conducted on Friday, September 18, 1992, at the Fox Creek Golf Course and having also considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 8, 1992, approved for submission by the Mayor, the Council does hereby determine to reduce the cost of greens fees for this event to $10.00 for both resident and non-resident participants. 27091 A roll call vote was taken on the foregoing resolution with the following Ibm result: AYES: Taylor, Toy, Kavanagh, McGee, and Ochala. NAYS: Feenstra and Jurcisin. The Vice President declared the resolution adopted. The President resumed the Chair at 9:22 p.m. On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was: #514-92 RESOLVED, that having considered a letter from the Livonia Jaycees, dated May 20, 1992, and a letter from the Livonia Family "Y" received by the office of the City Clerk on June 9, 1992, wherein a request is submitted for the waiver of greens fees in connection with the Second Annual Jaycees Golf Tournament to be conducted on Friday, September 18, 1992, at the Fox Creek Golf Course and having also considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 8, 1992, approved for submission by the Mayor, the Council does hereby request that the Legislative Committee submit a report and recommendation with regard to establishing a policy governing the waiver of fees (such as for permits and greens fees) and costs (such as for Police services) for activities conducted by civic and charitable organizations in the City of Livonia, including consideration of multiple requests submitted by individual organizations during a one-year period. On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was: #515-92 RESOLVED, that having considered a letter from the Livonia Jaycees, dated May 20, 1992, and a letter from the Livonia Family "Y" received by the office of the City Clerk on June 9, 1992, wherein a request is submitted for the waiver of greens fees in connection with the Second Annual Jaycees Golf Tournament to be conducted on Friday, September 18, 1992, at the Fox Creek Golf Course and having also considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 8, 1992, approved for submission by the Mayor, the Council does hereby request that the Finance and Insurance Committee submit its report and recommendation on the question of establishing a policy relative to providing reimbursement and/or augmenting funds to a City department whose budget has suffered a loss of anticipated revenue by reason of the City Council's approval of requests submitted by civic and charitable organizations requesting a waiver of fees and/or costs for activities conducted in the City of Livonia. 27092 On a motion by Taylor, seconded by Feenstra, it was: LitKavanagh left the podium at 9:24 p.m due to a possible conflict of interest on this item. #516-92 RESOLVED, that having considered a letter from Thomas C. Carey, 9005 Deering, Livonia, MI 48150, wherein an interest is expressed in the purchase of certain City-owned property located at 8971 Floral (Tax Item No 144-99-0028-000), the Council does hereby refer this item to the Department of Law for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ochala, Feenstra, McGee, Jurcisin, and Toy. NAYS: None. The President declared the resolution adopted Kavanagh returned to the podium at 9:25 p m. On a motion by Feenstra, seconded by Taylor, it was: #517-92 RESOLVED, that having considered a communication from the City Assessor, dated May 19, 1992, approved for submission by the Mayor, with regard to a request from Mr Gerald Schopper, 38500 Ann Arbor Trail, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing Tax Item No. 46 144 99 0002 001 into two parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Feenstra, Kavanagh, McGee, and Jurcisin. NAYS: Ochala and Toy. The President declared the resolution adopted. On a motion by Ochala, seconded by Taylor, it was: 27093 #518-92 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 5, 1992, approved for submission by the Finance Director and the Mayor, and which transmits Parks and Recreation Commission resolution 2182-92, wherein certain increases in fees and changes in policy are recommended with respect to the operation and use of the ice arenas, and having also considered a communication from the Superintendent of Parks and Recreation, dated June 17, 1992, approved by the Mayor, the Council does hereby concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ochala, Kavanagh, McGee, Jurcisin, and Toy. NAYS: Feenstra. The President declared the resolution adopted. On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, it was: Lot #519-92 RESOLVED, that having considered the report and recommendation of the Public Utility Manager, Director of Public Works and the Director of Community Resources, dated June 1, 1992, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Reliance Building Company, 20505 W. 12 Mile Road, Suite 101, Southfield, Michigan 48076, for completing all work required to replace windows with new energy-efficient windows and build a new vestibule entryway to provide for handicap access at the Shelden Park Senior Center, for the price of $23,200.00, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby appropriate and authorize the sum of $23,200.00 from Community Development Block Grant Funds (Account No. 240-800-818-618) 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 Taylor, seconded by Jurcisin, and unanimously adopted, it was: #520-92 RESOLVED, that having considered the report and recommendation of the Public Utility Manager, Director of Public Works and the Director of Community Resources, dated June 1, 1992, approved by the Director of Finance and approved for 27094 submission by the Mayor, the Council does hereby determine that in the event the low bidder on this project is unable to perform, then the Council accepts the bid of Sheridan Construction, Inc , 32125 Block Street, Garden City, MI 48135, for the price of $23,490.00, for completing all work required to replace windows with new energy-efficient windows and build a new vestibule entryway to provide for handicap access at the Shelden Park Senior Center, the same having been in fact the third low bid for this item and meets all specifications; FURTHER, the Council does hereby appropriate and authorize the sum of $23,490.00 from Community Development Block Grant Funds (Account No. 240-800- 818-618) 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 Taylor, seconded by Feenstra, and unanimously adopted, it was: #521-92 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City 16 Attorney, dated June 9, 1992, approved by the Director of Finance and approved for submission by the Mayor, with regard to the action taken in Council Resolution 878-90, adopted on September 24, 1990, which awarded a contract to Gregory Industries, Ltd. to complete reroofing and siding improvements at Noble Library, pursuant to which Gregory Industries defaulted in March, 1991, by reason of its failure to complete the work required, the Council takes this means to recognize and authorize the surety takeover of the Noble Roof Improvement Contract and authorizes all subsequent progress payments in this regard to be made to Commercial Casualty Insurance Company, 2346 Perimeter Park Drive, Atlanta, Georgia 30341; and the Department of Law is hereby authorized to do all things necessary or incidental to the full performance of this resolution On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: #522-92 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 27, 1992, which bears the signature of the Finance Director and is approved for submission by the Mayor, to which is attached a letter from the Engineer of Traffic Operations for the County of Wayne, dated May 20, 1992, and having considered the necessity for the modernization of traffic signals on Seven Mile Road at Wayne and on Seven Mile Road at Gill, the Council does hereby authorize the said modernization of traffic signals; FURTHER, the Council, having been advised that the estimated cost of the proposed _ 27095 traffic signals is $53,345.00, does hereby approve of the City assuming 80% of the total cost of such modernizations, with such share to subsequently be reimbursed by the Federal Government; and for this purpose, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $42,676.00 from the Major Roads Account; FURTHER, the Council does hereby agree to pay 50% of the future energy and maintenance costs of the aforesaid traffic control signals, and the Wayne County Department of Public Services, Division of Roads, is hereby requested to cause such traffic signals to be installed at the aforesaid locations in an expeditious manner; and the Mayor and City Clerk are hereby authorized to execute the attached agreement for and on behalf of the City of Livonia; and the City Clerk is also requested to send a certified copy of this resolution to the Wayne County Department of Public Services, Division of Roads. On a motion by Jurcisin, seconded by Taylor, and unanimously adopted, it was: #523-92 RESOLVED, that having considered a communication from the City Planning Commission, dated June 8, 1992, which transmits its resolution 6-382-92, adopted on June 2, 1992, with regard to the revised site plan submitted in connection with Petition 91-5-2-14 for the Bayberry Park residential cluster housing development located on the west side of Harrison just north of Five Mile Road, which property is zoned R-2, which previously received waiver use approval in Council Resolution 668-91, adopted on August 19, 1991, the Council does hereby concur in the recommendation made by the City Planning Commission and approve the revised site plan of Petition 91-5-2-14 subject to the following conditions: 1) That the revised site plan for Bayberry Park Condominiums, dated 5/11/92, prepared by JCK and Associates, Inc. is hereby approved and shall be adhered to; 2) That the building plans submitted by Brentwood Construction are hereby approved and shall be adhered to; and 3) That the landscape plan prepared by JCK and Associates is hereby approved and shall be adhered to; As well as being made subject to the following additional conditions: 1) That sidewalks shall be installed from the entrance to this development on Harrison extending to the sidewalks which are to be installed in the common area, and such sidewalks shall be further extended along the south drive as illustrated on a revised drawing submitted on June 24, 1992; and 2) That all dwelling units shall be full 4" face brick or masonry installed on four (4) sides of each unit and such total masonry composition shall be a minimum of 35% on each dwelling unit 27096 On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: #524-92 RESOLVED, that having considered a letter from the President of Moeller Manufacturing Company received by the office of the City Clerk on June 10, 1992, the Council does hereby determine to postpone any further action with respect to the request of Moeller Manufacturing Company to transfer services from Livonia to Plymouth Township and obtain a 1974 P.A. 198 exemption for the Plymouth Township facility until such time as the petitioner requests that it be considered for further action. On a motion by Ochala, seconded by Kavanagh, and unanimously adopted, it was: #525-92 RESOLVED, that having considered a communication from the City Planning Commission, dated April 13, 1992, which sets forth its resolution 3-241-92, adopted on March 31, 1992, with regard to Petition 92-1-1-2, submitted by Leo Soave for nine property owners for a change of zoning on property located north of Orangelawn Avenue, west of Farmington Road, in the Northeast 1/4 of Section 33 from RUF to R-1A, and the Council having conducted a public hearing with regard to this matter on June 3, 1992, pursuant to Council Resolution 357-92, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 92-1-1-2 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 Ochala, seconded by Kavanagh, and unanimously adopted, it was: #526-92 RESOLVED, that the Council does hereby request that the Livonia City Council/Schools Liaison Committee submit its report and recommendation with respect to perceived problems concerning bus traffic in the Wellington Woods Subdivision, as well as in the proposed new residential subdivision which would be located immediately east of the Wellington Woods Subdivision. On a motion by Feenstra, seconded by Kavanagh, and unanimously adopted, it was: #527-92 RESOLVED, that having considered certain comments received during the audience participation portion of the public hearing conducted on June 3, 1992, the Council does hereby request that the Engineering Department submit a report and recommendation on the question of whether or not sidewalks should be installed on Stark Road between Plymouth Road and Hines Drive. 27097 On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: #528-92 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 4, 1992, approved for submission by the Finance Director and the Mayor, the Council does, for and on behalf of the City of Livonia, accept a gift of a tot play structure valued at $1,895.00 from Action Distributors and the Livonia Heart Fund, which structure is to be placed in the Celani Recreation Area at McNamara Bicentennial Park. On a motion by Kavanagh, seconded by Feenstra, and unanimously adopted, it was: #529-92 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 4, 1992, approved for submission by the Finance Director and the Mayor, the Council does, for and on behalf of the City of Livonia, accept a gift of sand trap sand from the Friends of Livonia Parks and Recreation to be used for the traps at Whispering Willows Golf Course, the value of which sand is $6,000.00. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was: 11530-92 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated June 8, 1992, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept a cash donation in the amount of $250 00 from the Livonia Rotary Charitable Foundation 12-91, which sum is to be deposited in and credited to Account 702-000-285-215 for activities in the Livonia Youth Assistance Program. On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, it was: #531-92 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated June 9, 1992, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept cash donations in the total amount of $1,985.35, which sum is to be deposited in and credited to Account 702-000-285-216 for use in the Senior Citizen Programs. 27098 On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was: #532-92 RESOLVED, that pursuant to Section 21.02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Kenneth Miencier, 34702 Fairfax, Livonia, Michigan 48152, is hereby reappointed as a member of the Zoning Board of Appeals, for a three year term of office, such term commencing on July 12, 1992, which will expire on July 12, 1995, provided that Mr. Miencier takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. On a motion by Ochala, seconded by Jurcisin, and unanimously adopted, it was: #533-92 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 no appear on the agenda. On a motion by Taylor, seconded by Kavanagh, and unanimously adopted, it was: #534-92 RESOLVED, that having considered a communication from the City Planning Commission, dated April 21, 1992, which sets forth its resolution 4-354-92, adopted on April 14, 1992, with regard to Petition 92-2-1-3, submitted by Kim J. Hahn for a change of zoning on property located on the north side of Clarita Avenue between Melvin Avenue and Middlebelt Road in the Northeast 1/4 of Section 11, from R-5 to R-2, and the Council having conducted a public hearing with regard to this matter on June 22, 1992, pursuant to Council Resolution 389-92, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 92-2-1-3 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 Feenstra, and unanimously adopted, it was: #535-92 RESOLVED, that in accordance with Section 23.01(a) of Zoning Ordinance 543, the Council does hereby request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation on the question of whether Lot 13A1 and the west half of Lot 13A2 in the Northeast 1/4 of Section 11 should be rezoned from R-5 to R-2 27099 On a motion by Feenstra, seconded by Taylor, and unanimously adopted, it was: #536-92 RESOLVED, that in accordance with Section 23.01(a) of Zoning Ordinance 543, the Council does hereby request that the City Planning Commission conduct a public hearing and thereafter submit its report and recommendation on the question of whether a parcel of property located on the west side of Melvin, between Seven Mile and Clarita Avenue (Lot 6A2), should be rezoned from R-5 to R-1A. On a motion by Feenstra, seconded by Jurcisin, and unanimously adopted, it was: #537-92 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated June 22, 1992, and submitted pursuant to Council Resolution 340-92, with regard to the matter of the posting of non-authorized signs, the Council does hereby determine to take no further action (in view of the pending proposed amendment to Section 18 50 of the Zoning Ordinance). On a motion by Feenstra, seconded by Taylor, it was: #538-92 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated June 22, 1992, and submitted pursuant to Council Resolution 923-91 in connection with a proposed amendment to Chapter IV, Section 4 of the Livonia City Charter, which would provide that whenever a vacancy or vacancies occur on the City Council which are to be filled at special elections which are conducted concurrently with regularly scheduled School Board, County, State or Federal Elections, whichever occurs first, and that during the interim period, the remaining members of the Council may make temporary appointments to fill such vacancies until such time as they are thereafter filled at the said special elections as well as an alternate charter amendment proposal in which the Council appoints until such time as the next annual School Board or City Election, the Council does hereby determine to take no further action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ochala, Kavanagh, McGee, and Toy. NAYS: Feenstra and Jurcisin. The President declared the resolution adopted. 271 00 On a motion by Feenstra, seconded by Jurcisin, it was: L #539-92 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated June 22, 1992, and submitted pursuant to Council Resolution 72-92, in connection with the report and recommendation of the Department of Law, dated January 6, 1992, submitted pursuant to Council Resolution 949-91, relative to a communication from Councilman Fernon P. Feenstra, dated November 26, 1991, with regard to the application of Section 2.04.060 of the Livonia Code of Ordinances to the powers and duties of the Council President concerning the activities described in Councilman Feenstra's aforesaid communication, the Council does hereby request that the Department of Law prepare an amendment to Section 2.04.070 of the Livonia Code of Ordinances in the manner recommended by the Committee with respect to Council succession in the event of the prolonged absence or disability of the Council President. A roll call vote was taken on the foregoing resolution with the following result: AYES: Taylor, Ochala, Feenstra, Kavanagh, McGee, and Jurcisin. NAYS: Toy. Iwo The President declared the resolution adopted. Councilman Taylor read a proclamation from Mayor Bennett declaring the week of August 24, 1992 through August 31, 1992 as "Hearts of Livonia Week" in the City of Livonia in recognition of the outstanding charitable activities of the Livonia Heart Fund to the community. On a motion by Taylor, seconded by Ochala, and unanimously adopted, it was: #540-92 RESOLVED, that having considered a communication from the Livonia Heart Fund, dated June 23, 1992, wherein it is requested that August 24 through August 31, 1992 be designated as "HEARTS OF LIVONIA WEEK" and that "Hearts of Livonia Week" banners be authorized for installation on utility pole brackets in the Civic Center area during this period of time, the Council does hereby approve of the request to utilize the utility pole brackets in the Civic Center area during the week of August 24 through August 31, 1992, in conjunction with Mayor Bennett's designation of "HEARTS OF LIVONIA WEEK" dated June 24, 1992. Iwo 27101 On a motion by McGee, seconded by Taylor, and unanimously adopted, it was: #541-92 RESOLVED, that pursuant to Section 21.02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Mary Loretto Maher, 15072 Nola, Livonia, Michigan 48154, is hereby appointed as a member of the Zoning Board of Appeals, for a three year term of office, such term commencing on July 12, 1992, which will expire on July 12, 1995, provided that Ms. Maher takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk On a motion by Ochala, seconded by Feenstra, and unanimously adopted, it was: #542-92 RESOLVED, that having considered a communication dated June 18, 1992 from the Manager of the Livonia Mall Management, which in accordance with the provisions of Section 19.08 of Ordinance 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on June 16, 1992 by the City Planning Commission in its resolution 6-387-92 with regard to Petition 92-5-2-17 submitted by Bakers Square requesting permission to construct a full-service restaurant to be located on the north side of Seven Mile Road between Middlebelt and Purlingbrook in the Southeast 1/4 of Section 2, which property is zoned C-2, the Council does hereby designate Monday, July 20, 1992, at 7:30 p m. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia. No one in the audience wished to speak during the audience communication portion at the end of the meeting. On a motion by Ochala, seconded by Taylor, and unanimously adopted, this 1,227th Regular Meeting of the Council of the City of Livonia was adjourned at 9:58 p m. , June 24, 1992. I ‘h1/&' ea -e)b l J'•-n McCotter, City Clerk