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HomeMy WebLinkAboutCOUNCIL MINUTES 1992-02-05 im 26841 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 5 , 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 : 10 P.M. Councilman Ochala / delivered the invocation. Oaths of office were administered to new Councilmembers : Sean P. Kavanagh and Michael P. McGee. Roll was called with the following result: Present: Michael P. McGee, Dale Jurcisin, Gerald Taylor, Ron Ochala, Fernon P. Feenstra, Sean LP. Kavanagh and Laura Toy. Absent: None. Elected and appointed officials present: Robert D. Bennett, Mayor; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Ann W. Tavolacci , Deputy City Clerk; Raul Galindo, City Engineer; David N. Preston, Director of Finance; John Nagy, Planning Director; Karen A. Szymula, Director of Legislative Affairs; Suzanne Wisler, Director of Community Services; Robert R. Bishop, City Treasurer; Elizabeth Todd, Deputy City Treasurer; Ronald R. Reinke, Superintendent, Parks and Recreation; Judith L. Nagy, City Assessor, Jeanne Treff, Cable Television Director; Lowell Peterson, Cable Television Commission; David P. Parr, Zoning Board of Appeals ; Edith C. Davis, Personnel Director; Jack Engebretson, Planning Commission; John Fegan, City Inspector; Richard A. Joyner, Jr. , Library Commission and Tom Carey, Traffic Commission. im26842 On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #91-92 RESOLVED, that the minutes of the 1 , 217th Regular Meeting of the Council of the City of Livonia, held January 27, 1992 are hereby approved. On a motion by Ochala, seconded by Jurcisin, it was / #92-92 RESOLVED, that William L. Roskelly, Basney & Smith, Inc . , 33177 Schoolcraft, Livonia, MI 48150 , as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Fargo Woods Subdivision, N.W. 1/4 of Section 2, City of Livonia, the said proposed preliminary plat being dated June 28, 1991 ; and it further appearing that tentative approval of such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the ime Engineering Department as is set forth in the report of the department dated January 14 , 1992 ; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: ( 1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 16 , Chapters 16 . 04 through 16 . 24 of the Livonia Code of Ordinances , as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Engineering Department and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two ( 2 ) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; ( 2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance as amended; im ( 3 ) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Engineering Department, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 16 . 24 . 370 of the said Subdivision Control Ordinance, as amended; io26843 ( 4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; ( 5) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; ( 6) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two ( 2 ) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; ( 7 ) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts: A. General Improvement $49, 500 . 00 , of which at least Bond $5 , 000 . 00 shall be in cash B. Sidewalk Bond $ 8 ,600 . 00, of which at least $1 , 000 . 00 shall be in cash C. Grading & Soil $ 2,000 . 00 (cash) Erosion im D. Monuments and $ 240 . 00 (cash) Lot Markers and require cash payments in the total amount of $4,066 . 50 . 26844 im In addition, distribution lines for telephone and electric services are to be placed underground. The requirement for ornamental street lights is to be waived in accordance with Section 16 . 24 . 340 of the Livonia Code of Ordinances for the reasons indicated in the letter from the City Engineer. #93-92 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Community Resources, dated January 16 , 1992 , which bears the signature of the Finance Director and is approved for s submission by the Mayor, and which submits final cost information with respect to the 1991 Sidewalk Program, the Council does hereby determine as follows : A. To authorize an expenditure of $15 , 804 . 06 from the Michigan Transportation Fund (Local Road Account) and $7,722 . 00 from the Michigan Trans- portation Fund (Major Road Account) to cover additional costs related to the City' s share of the 1991 Sidewalk Program; and 110 B. To authorize an expenditure of $2 , 038 . 61 from the Historical Commission Trust Fund (Acct. No. 723- 000-976-000 ) to cover costs related to the installation of sidewalks at Greenmead. #94-92 RESOLVED, that having considered a communication from the City Engineer ( in his capacity as Street Administrator) dated January 20, 1992, which bears the signature of the Finance Director, approved for submission by the Mayor and submitted pursuant to Section 13 ( 6 ) (b) of Act 51 of the Public Acts of Michigan of 1951 , as amended with regard to the transfer of funds for the fiscal year of 1991-92 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, $500, 000 from those funds designated for use on the Major Street System to be used on the Local Street System; and the City Clerk and Finance Director are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution. #95-92 RESOLVED, that having considered a communication from the City Engineer ( in his capacity as Street Administrator) , dated January 20 , 1992 , which is approved for submission by the Mayor, and submitted pursuant to Section 13 ( 6 )a of Act 51, of the Public Acts of Michigan of 1951 , as amended with regard to the transfer of funds for the fiscal year 1991-92 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, im26845 but not to exceed, 25% of the amount designated for the Major Street System to be used on the Local Street System, and the City Clerk and Finance Director are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution. #96-92 RESOLVED, that having considered the report and recommendation of the City Clerk, dated January 28 , 1992 , the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute a maintenance agreement covering the copy machine used for City-wide duplication with A.B. Dick Company, 22110 Telegraph Road, Southfield, MI 48034 , for a one-year period, commencing December 1, 1991 , for a total price of $4 , 557 . 00 ; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 . 04 . 140D5 of the Livonia Code of Ordinances, as amended. #97-92 RESOLVED, that having considered a communication im dated January 22 , 1992 from Nathan Levine & Associates Inc. 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 January 21 , 1992 by the City Planning Commission in its resolution 1-199-92 with regard to Petition 91-12-2-34 submitted by Nathan Levine & Associates Inc . requesting waiver use approval to operate Goodyear Tire, Mr. Muffler and Precision Tune repair facilities, to be located in the Northridge Commons Shopping Center located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 1/4 of Section 4, which property is zoned C-2 , the Council does hereby designate Wednesday, March 25, 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. #98-92 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 26846 determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, March 25 , 1992 at 7: 30 p.m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan with respect to the following items : ( 1 ) Petition 91-12-1-22 , submitted by the City Planning Commission, pursuant to Council Resolution 802-91, for a change of zoning on property located on the southeast corner of Newburgh and Five Mile Roads in the Northwest 1/4 of Section 20 , from C-2 to RUF, the City Planning Commission in its resolution 1-195-92 having recommended to the City Council that Petition 91-12-1-22 be approved; and ( 2 ) Petition 91-12-1-23 , submitted by the City Planning Commission, pursuant to Council Resolution 803-91, for a change of zoning on property located on the northeast corner of Five Mile and Newburgh Roads in the Southwest 1/4 of Section 17 from C-2 to C-1, the City Planning Commission in its resolution 1-196-92 having recommended to the City Council that Petition 91-12-1-23 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. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Ochala, Feenstra, Kavanagh, McGee, Jurcisin, Taylor and Toy. NAYS: None. ir 26847 On a motion by Taylor, seconded by Feenstra, and unanimously adopted, it was #99-92 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 29 , 1992, with regard to a presentation made by Mayor Bennett concerning the loss of race track revenues and the necessity, therefore , to balance the 1991-92 Fiscal Year Budget with a recommended 3% across the board reduction, the Council does hereby request that the Mayor and Finance Director submit their respective reports and recommendations within 30 days as to the proposed 3% reduction in the 1991-92 budget. Taylor gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 91-9-3-3 ) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting. On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was #100-92 RESOLVED, that having considered a communication from the City Planning Commission, dated August 23 , 1991 , which transmits its resolution 8-149-91, adopted on August 20, 1991 , with regard to a sign permit application submitted by Beacon Sign on behalf of Kmart requesting approval to erect three additional wall signs on a building located at 33400 Seven Mile Road, the Council does hereby concur with the recommendation of the Planning Commission and approve the said three wall signs , subject to compliance with the same conditions set forth in the aforesaid action of the Planning Commission. On a motion by Feenstra, seconded by Jurcisin, it was im #101-92 RESOLVED, that having considered a communication from the Cable Television commission, dated January 20, 1992, approved by the Director of Community Resources and approved 26848 for submission by the Mayor, and which transmits its resolution 182-92, wherein it is recommended that the allocation of public access channels be approved as follows ( subject to review in one year) : CHANNEL DESIGNATION 3 Community Bulletin Board 8 City Channel 13 Community Programming 15 Educational Programming: Livonia K-12 16 Educational Programming: Post Secondary (Shared by Madonna University & Schoolcraft College) 23 Educational Access: M Star 49 College Cable 50 Educational Programming: Clarenceville K-12 51 Catholic Television Network ( CTN) & Eternal Word Television Network (EWTN) L 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 : Ochala, Feenstra, Kavanagh, Jurcisin and Toy. NAYS: McGee and Taylor. The President declared the resolution adopted. On a motion by Jurcisin, seconded by Ochala, it was RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 7 , 1992 , approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the unit price low bids meeting specifications for the purchase of team T-shirts , award T-shirts , golf-style shirts and sweat shirts in the manner and form herein recommended; FURTHER, the Council does hereby accept the unit price low bid of Livonia Trophy and Screen Printing with respect to the purchase of caps. LAt the request of Councilman Feenstra, a separate roll call was to be conducted with respect to each of the items proposed to be accepted in the foregoing resolution. 26849 On a motion by Jurcisin, seconded by Ochala, it was #102-92 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 7, 1992, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Official Sports Center, 20990 Bridge Street, Southfield, MI 48034 , for the purchase of team T-shirts, in the manner and form herein recommended. I A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, Kavanagh, McGee, Jurcisin, Taylor and Toy. NAYS: Feenstra. The President declared the resolution adopted. On a motion by Jurcisin, seconded by Ochala, it was #103-92 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 7 , 1992 , approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Official Sports Center, 20990 Bridge Street, Southfield, MI 48034, for the purchase of award T-shirts in the manner and form herein recommended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, Kavanagh, McGee, Jurcisin, Taylor and Toy. Nays: Feenstra. The President declared the resolution adopted. im On a motion by Jurcisin, seconded by Ochala, it was #104-92 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 7 , 1992 , approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Big Bill' s 26850 Sport Shop, Inc. , 26156 Ford Road, Dearborn Hts. , MI 48127 , for the purchase of golf-style shirts, in the manner and form herein submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, Feenstra, Kavanagh, McGee, Jurcisin, Taylor and Toy. / NAYS: None. The President declared the resolution adopted. On a motion by Jurcisin, seconded by Ochala, it was #105-92 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 7, 1992, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Action Sports Apparel, Inc. , 13193 Wayne Road, Livonia, MI 48150 , for the purchase of sweat shirts, in the manner and form herein submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ochala, Kavanagh, McGee, Jurcisin, Taylor and Toy. NAYS: Feenstra. The President declared the resolution adopted. On a motion by Jurcisin, seconded by Ochala, it was #106-92 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 7 , 1992, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Livonia Printing and Screen Printing, Inc. , 38065 Ann Arbor Road, im Livonia, MI 48150, for the purchase of caps in the manner and form herein submitted. A roll call vote was taken on the foregoing resolution with the following result: im26851 AYES: Ochala, Feenstra, Kavanagh, McGee, Jurcisin, Taylor and Toy. NAYS: None. The President declared the resolution adopted. On a motion by Ochala, seconded by Jurcisin, and unanimcusly adopted, it was %107-92 RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the bid specification of total American content set forth in the form of proposal required to be completed by bidders of items to be purchased by the City of Livonia. Jurcisin gave notice that at the next meeting of the Council, February im 24 , 1992, they were going to revisit, recall and re-vote the issue of election of Council officers as previously determined in Council Resolu- tion Nos. 1-92, 2-92 , 3-92 and 4-92 . On a motion by Taylor, seconded by Jurcisin, and unanimously adopted, this 1 , 218th Regular Meeting of the Council of the City of Livonia was adjourned at 8 : 40 P.M. , February 5 , 1992 . r , 1)11 Lit-541, L,O., , Joan McCotter, City Clerk im