HomeMy WebLinkAboutCOUNCIL MINUTES 1991-11-20 26733
ILMINUTES OF THE ONE THOUSAND, TWO HUNDRED AND THIRTEENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On November 20, 1991 , 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 8:00 P.M Councilwoman Toy delivered the invocation
Roll was called with the following result. Present: Laura Toy, Robert
R. Bishop, Gerald Taylor, Dale Jurcisin, Ron Ochala, Fernon P. Feenstra and Joan
McCotter; Absent None.
Elected and appointed officials present. Robert F. Nash, City Clerk,
Harry Tatigian City Attorney; Robert D Bennett, Mayor, John Nagy, Planning Director,
Raul Galindo, City Engineer; Karen Szymula, Director of Legislative Affairs,
Lee B. Grieve, Chief of Police; John Fegan, Director of Building Inspection, James
1160 nglis, Housing Director, Ron Reinke, Superintendent of Parks and Recreation and
Thomas Carey, Traffic Commission.
On a motion by Councilwoman Toy, seconded by Councilman Bishop,
and unanimously adopted, it was
#880-91 RESOLVED, that the minutes of the 1 ,212th Regular
Meeting of the Council of the City of Livonia, held November
6, 1991 are hereby approved.
On a motion by Councilman Jurcisin, seconded by Councilman Feenstra,
and unanimously adopted, it was
#881-91 RESOLVED, that the Council does hereby determine to
amend and revise CR 867-91 , adopted on November 6, 1991 so
as to have the same read as follows
RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated
1600 October 28, 1991 , 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,
26734
lim Michigan 48307, for the proposed expansion/renovation of the
16th District Court, and having also considered the report
and recommendation of the Wade-Trim/Associates dated November
1 , 1991 , the Council does hereby refer the matter of the proposed
inclusion of an automatic opening door system which shall be
bi-parting with infra-red operators to the Capital Improvement
Committee for its report and recommendation
Communications from the Department of Law, dated November 6, 1991 and
November 20, 1991 , 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
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
it was
#882-91 RESOLVED, that having considered Petition 91-10-3-5
submitted by Mr. and Mrs Allen Kraffa, 18205 University Drive,
Livonia, Michigan 48152, dated November 1 , 1991 , wherein a
request is submitted for the vacating of a portion of a 6 foot
wide easement located on the west side of Lot 552 of Castle
Garden Subdivision No. 4, the Council does hereby refer this
item to the City Planning Commission for action and
recommendation in accordance with provisions of law and City
Charter.
#883-91 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated October 29, 1991 , approved
by the Director of Finance and approved for submission by the
Mayor, and which transmits its resolution WS 2942 10/91 , the
Council does hereby accept the bid of Etna Supply Company,
529 - 32nd Street, S.E. , Grand Rapids, Michigan 49548, for
supplying the Public Service Division (Water Maintenance Section)
with water main repair clamps at the unit prices bid and for
an estimated total amount of $7,095.71 , the same having been
in fact the lowest bid received and meets all specifications.
#884-91 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and the Director
of Public Works, dated October 29, 1991 , approved by the Director
of Finance and approved for submission by the Mayor, the Council
does hereby authorize the Mayor and City Clerk to execute the
following contracts
iim 1 A one-year extension beginning December 1 , 1991 , of
the existing City Hall elevator maintenance contract
with Millar Elevator Service Company, 21420 Melrose
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114 Avenue, Southfield, Michigan 48075, at the monthly
rate of $650 94,
2 A one-year extension beginning December 1 , 1991 , of
the existing Civic Center Library elevator maintenance
contract with Otis Elevator Company, 25365 Interchange
Court, Farmington Hills, Michigan 48331 , at the monthly
rate of $529 58, and
3 A one-year extension beginning December 1 , 1991 , of
the existing Police Headquarters elevator maintenance
contract with Schindler Elevator Corporation, 24700
W Eleven Mile Road, P 0 Box 700, Southfield, Michigan
48037, at the monthly rate of $150 08,
FURTHER, the Council does hereby authorize the aforesaid items
without competitive bidding in accordance with the provisions
set forth in Section 3 04 140D5 of the Livonia Code of
Ordinances, as amended
#885-91 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 21 , 1991 ,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby authorize
final payment in the amount of $4,381 .34 to Selecta Cement
Contractors, Inc. , 6325 Denton Drive, Troy, MI 48098, which
sum includes the full and complete balance due on a contract
authorized under Council Resolution 267-91 in the amount of
$142,789 00, the actual contract amount completed to date being
$147,170 34 in connection with the 1991 Concrete Pavement and
Catch Basin Repair Program, it appearing from the aforementioned
report that all work under the said contract has been completed
in accordance with City standards and specifications, FURTHER,
the Council does hereby authorize and appropriate the expenditure
of the sum of $4,381 .34 from the $12 million General Obligation
Road Improvement Bond Issue for this purpose
#886-91 RESOLVED, that having considered a communication from
the Chairman of the Zoning Board of Appeals, dated October
23, 1991 , which bears the signature of the Director of Finance
and is approved for submission by the Director of Legislative
Affairs, the Council does hereby authorize the transfer of
the sum of $1 ,500 00 from Account 101 815 864 016 (Travel and
Education - Board Members) to Account 101 815 904 000 (Printing) ,
the action herein being taken for the reasons indicated in
the aforesaid communication
#887-91 RESOLVED, that having considered a communication from
the City Librarian, dated October 24, 1991 , approved by the
iimFinance Director and approved for submission by the Mayor,
the Council does, for and on behalf of the City of Livonia,
accept a grant in the amount of $15,597 00 from the Library
of Michigan, the purpose of which is to purchase and install
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two computer workstations that will permit access to residents
of data stored on compact discs with respect to information
detailed in the aforesaid communication
#888-91 RESOLVED, that having considered a communication from
the City Librarian, dated October 24, 1991 , approved by the
Finance Director and approved for submission by the Mayor,
the Council does, for and on behalf of the City of Livonia,
accept a grant in the amount of $16,516.00 from the Library
of Michigan, the purpose of which is to strengthen the Performing
Arts subject area of the book and library materials collections
at Noble, Sandbugh and Civic Center Libraries.
#889-91 RESOLVED, that having considered a communication from
the Executive Director of the Housing Commission, dated October
28, 1991 , wherein a rental adjustment is requested with respect
to Silver Village as follows-
A) Pre-December, 1990 Residents
Adjusted Rent
Bedroom Size Current Rent Effective 2-1-92
One Bedroom $226.00 $237.00
Two Bedroom 257.00 270 00
B) Post-December, 199u Residents.
Adjusted Rent
Bedroom Size Current Rent Effective 2-1-92)
One Bedroom $300.00 $309 00
Two Bedroom 350.00 361 00
The above rents exclude gas and electric,
the Council does hereby concur in and approve of such action.
#890-91 RESOLVED, that having considered a communication from
the Executive Director of the Housing Commission, dated October
28, 1991 , approved for submission by the Mayor, and which
indicates that on September 26, 1991 , the Housing Commission
was notified by the United States Department of Housing and
Urban Development (HUD) that its application for fifty (50)
units of additional housing assistance under the Section 8
Existing Housing Program was approved, the Council does hereby
approve the said Section 8 Annual Contributions Contracts and
does authorize the President of the Housing Commission to enter
into the said contracts for the aforesaid program.
#891-91 RESOLVED, that having considered the report and
L recommendation of the City Engineer, dated November 4, 1991 ,
approved for submission by the Mayor, the Council does hereby
amend Item 7 of Council Resolution 668-90, adopted on July
26737
16 25, 1990, and subsequently amended by Council Resolution 729-91 ,
so as to reduce the financial assurances now on deposit with
the City for General Improvements in the Western Golf Estates
Subdivision located in the Northeast 1/4 of Section 24 to
$59,000.00, of which at least $6,000 00 shall be in cash, to
cover the cost of remaining General Improvements in said
subdivision, and the financial assurances now on deposit with
the City, if any, shall be reduced accordingly, FURTHER, all
other financial assurances, including the Sidewalk Bond, now
on deposit with the City shall remain the same and unchanged.
#892-91 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated October 31 ,
1991 , approved for submission by the Finance Director and the
Mayor, and which transmits Parks and Recreation Commission
resolution 2155-91 , the Council does hereby appropriate and
authorize as an advance from the General Fund the sum of
$15,000 00 to be used in connection with the Ice Show to be
conducted on March 27 - 29, 1992, the said amount to be repaid
from the proceeds of ticket sales in connection with this event.
#893-91 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated October 31 ,
1991 , approved for submission by the Finance Director and the
Mayor, and which transmits Parks and Recreation Commission
resolution 2156-91 , wherein it is recommended that ice show
admission fees be adjusted as follows
Current Proposed Increase
Adults $4.00 $4. 50 $0. 50
Seniors 3.00 3. 50 0. 50
Children 2.00 2 50 0. 50
the Council does hereby concur in and approve of such action.
#894-91 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated October 30, 1991 , approved for submission by the Finance
Director and the Mayor, the Council does hereby appropriate
and authorize as an advance from the General Fund the sum of
$85,000 00 to be transferred to the Golf Course Capital
Improvement Fund in order to make up the shortfall in the Capital
Improvement Fund due to projects undertaken at Idyl Wyld Golf
Course, the said sum to be repaid to the General Fund as monies
accrue from the proceeds of the golf courses during the next
season.
Iwo #895-91 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,
26738
Imethe 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, January
8, 1992 at 7.30 P.M. at the City Hall , 33000 Civic Center Drive,
Livonia, Michigan with respect to the following item
Petition 91-6-1-13, submitted by Truman Strong, for a change
of zoning on property located on the southeast corner of
Middlebelt Road and Grandon Avenue in the Southwest 1/4
of Section 36, from OS to C-1 , the City Planning Commission
in its resolution 7-119-91 having recommended to the City
Council that Petition 91-6-1-13 be denied,
FURTHER, THE City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendment to the Zoning Ordinance, and/or (b)
location of the proposed change of zoning as set forth above,
first to be published in the official newspaper of the City or
a newspaper of general circulation in the City of Livonia as
well as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by registered mail
to each public utility company and to each railroad company owning
or operating any public utility or railroad within the districts
lbw 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.
#896-91 RESOLVED, that the Council having considered a
communication from the City Engineer, dated October 30, 1991 ,
approved for submission by the Mayor and submitted pursuant to
Council Resolution 470-91 , and the City Engineer having ascertained
the assessed valuation of all property affected by the proposed
street improvement of Henry Ruff Road, south of Five Mile in
Section 23, T 1S , R 9E , City of Livonia, Wayne County, Michigan,
and such report having indicated the number of parcels which
show tax delinquencies, the number of parcels owned by public
authorities, the number of parcels which are vacant, and having
prepared and caused to be prepared plans and specifications
therefor and an estimate for the cost thereof, and to file the
same with the City 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, and it appearing to the Council that all
of such information, estimate, plans, specifications and
recommendations have been properly filed by the City Engineer
with the City Clerk under date of October 30, 1991 , and that
there has been a full compliance with all of the provisions of
Section 3 08 060 of the Livonia Code of Ordinances, as amended,
the Council does hereby set Wednesday, January 8, 1992 at 7 30
26739
P.M as the date and time for a public hearing on the Necessity
for such proposed improvement which public hearing shall be held
before the Council in the Livonia City Hall , 33000 Civic Center
Drive, Livonia, Michigan, pursuant to Section 3 08.070 of said
Livonia Code of Ordinances, as amended, and the City Clerk is
hereby authorized to give notice and publication of such hearing
as is required by Section 3 08.070 of said Code.
#897-91 RESOLVED, that having considered a communication from
the Hearing Officer (Director of Building Inspection) , dated
November 1 , 1991 , approved for submission by the Mayor, with
respect to a request to demolish a building located at 31600
Plymouth Road, Livonia, Michigan, the legal description of which
is as follows
Parcel 27G34A1 , 35A Sidwell #108-99-0049-000
and a hearing having been conducted by the Hearing Officer on
October 1 , 1991 , at the conclusion of which, based upon the
testimony and evidence presented, it having been the determination
of the Hearing Officer that the said structure should be demolished
inasmuch as it represents a hazard and danger to the public health,
safety and welfare, the Council does hereby determine, in
accordance with the provisions set forth in Section 15. 52 140
of the Livonia Code of Ordinances, that a hearing shall take
place before the City Council of the City of Livonia on Wednesday,
January 8, 1992, at 7 30 p m at the City Hall , 33000 Civic
Center Drive, Livonia, Michigan,
FURTHER, the City Clerk is hereby requested to, no less than
ten (10) days prior to the aforesaid date of the said hearing,
cause to have a notice in writing of the aforesaid hearing to
be mailed by certified mail , return receipt requested, addressed
to the owner or agent thereof, or person in control of such
building or structure and the mortgagee of record or lienholders
of record, and if no such party or parties can be located, then
the notice shall be directed to each owner of or party in interest
in the building or structure in whose name the property appears
on the last local tax assessment records,
AND FURTHER, the City Clerk is hereby 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• Toy, Bishop, Taylor, Jurcisin, Ochala, Feenstra and McCotter.
NAYS- None
26740
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
#898-91 RESOLVED, that having considered the report and
recommendation of the Finance and Insurance Committee, dated
November 12, 1991 , and submitted pursuant to Council Resolution
843-91 in connection with the report and recommendation of
the Finance Director, dated October 1 , 1991 , approved for
submission by the Mayor, with regard to insurance bid proposals
for workers compensation insurance for the period December
1 , 1991 through November 30, 1992, the Council does hereby
authorize the Mayor and City Clerk to enter into a two-year
contract for the period December 1 , 1991 through November 30,
1993, with the Aetna Casualty and Surety Company, Hartford,
Connecticut 06156, to provide the City with reinsurance-excess
insurance coverage when losses from any one accident reach
$300,000 00, for a total annual premium cost of $135,119 00
per year, and FURTHER the Council does hereby authorize a
two-year service contract with Corporate Services, Inc. , Livonia,
Michigan, for the same period of time, in connection with this
item, the cost of which is included in the aforesaid total
premium cost, the action herein being taken without competitive
lim bidding in accordance with the provisions set forth in Section
3 04 14On? and 5 of the Livonia Code of Ordinances, as amended
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
#899-91 RESOLVED, that having considered the report and
recommendation of the Finance and Insurance Committee, dated
November 12, 1991 , and submitted pursuant to Council Resolution
843-91 in connection with the report and recommendation of
the Finance Director, dated October 1 , 1991 , approved for
submission by the Mayor, with regard to insurance bid proposals
for casualty and liability insurance for the period December
1 , 1991 through November 30, 1992, the Council does hereby
refer this item to the Committee of the Whole for its report
and recommendation.
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
and unanimously adopted, it was
#900-91 RESOLVED, that having considered the report and
lip recommendation of the Capital Improvement Committee, dated
November 13, 1991 , in connection with the report and
recommendation of the Executive Director of the Housing
Commission, dated November 12, 1991 , the Council does hereby
26741
accept the bid of LaVant Landscape, Inc , 11700 Janes Road,
LP,O. Box 79, Carleton, Michigan 48117, for miscellaneous grading
and landscaping for the Newburgh Village Senior Citizen Housing
Project for a total cost of $124,075,00, the same having been
in fact the lowest bid received and meets all specifications;
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 Councilman Taylor, seconded by Councilman Bishop,
it was
#901-91 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November
13, 1991 , and submitted pursuant to Council Resolution 755-91
in connection with a communication from the City Planning
Commission, dated August 5, 1991 , which transmits its resolution
7-124-01 , adopted on July 23, 1991 , with regard to Petition
91-6-2-19, submitted by Homestead Development, requesting waiver
use approval to construct a detached single family condominium
project on property located on the north side of Clarita between
Middlehelt Road and Melvin Avenue in the Northeast 1/4 of Section
�
11 , which property is zoned R-2, the Council does hereby concur
�~.
in the recommendation made by the City Planning Commission
and Petition 91-6-2-19 is hereby approved and granted, such
approval to be based upon the same conditions as those set
forth in the aforesaid recommendation of the Planning Commission
with the exception, however, that the approval herein granted
is based upon a revised site plan dated October 1 , 1991 , which
would provide for an 11 unit development, as well as based
upon revised Elevation Plans, No. 5925 dated November 15, 1991 .
A roll call vote was taken on the foregoing resolution with the following result
AYES: Toy, Bishop, Taylor and Jurcisin
NAYS: Ochala, Feenstra and McCotter.
The President declared the resolution adopted
Councilman Jurcisin gave first reading to the following Ordinance
AN ORDINANCE AMENDING TITLE 13 (PUBLIC
SERVICES) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED, BY ADDING CHAPTER 38 THERETO.
� he foregoing Ordinance, when adopted, is filed in the Journal of Ordinances
I
26742
ihr n 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 Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#902-91 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated October 30, 1991 , approved
by the Director of Finance and approved for submission by the
Mayor, and which transmits its resolution WS 2943 10/91 , the
Council does hereby authorize the Public Service Division to
augment City forces for emergency water main repair services
by employing the following contractors in the order listed
and at the unit prices quoted for the period December 1 , 1991
through November 30, 1992:
Hourly Rates
Contractor Regular Overtime
Ihm (1 ) Kocian Excavating
625 Griswold, Northville
Backhoe with operator $ 60.00 $ 60.00
Laborers - 2 45.00 57.00
$105 00 $117.00
*4-hour minimum charge No charge for service truck
(2) D'Angelo and Son Excavating
24485 Middlebelt, Farmington Hills
Backhoe with operator $ 50.00 $ 75.00
Laborer with service truck 35.00 52.00
Laborer 30 00 45.00
$115 00 $172.00
*2-hour moving charge
*Currently does not have dump trucks available
(3) R. Santia and Son
905 Iroquois, Pontiac
Flat crew rate $150 00 $200.00
ibp *1-hour moving charge
(4) Sunset Excavating
12641 Stark, Livonia
26743
Imr Foreman with truck $ 61 00 $ 85.00
Backhoe with operator 80 00 103 00
Pipelayer 35.25 52.88
Laborer 34.50 51 .75
$210 75 $291 63
*$350 00 mobilization charge
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.
On a motion by Councilwoman Toy, seconded by Councilman Feenstra,
and unanimously adopted, it was
#903-91 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated October 30, 1991 ,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby authorize
the purchase from Mike Savoie Chevrolet, P 0 Box 520, Troy,
Michigan 48099-0520 of one marked Chevrolet Caprice Station
Iwo Wagon for the Police Department' s K-9 Program for a total price
of $17,284 30, the same to be appropriated and expended from
Account 702-000-285-210, FURTHER, the Council does hereby
determine to authorize the said purchase without competitive
bidding inasmuch as the same is based upon the low Oakland
County Cooperative Purchasing Program bid price, as well as
for the additional reasons indicated in the aforesaid
communication, and such action is taken in accordance with
the provisions set forth in Section 3 04 150D5 of the Livonia
Code of Ordinances, as amended
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#904-91 RESOLVED, that having considered a communication from
the City Clerk, dated October 29, 1991 , to which is attached
a communication from Plante & Moran, Certified Public
Accountants, 27400 Northwestern Highway, P 0. Box 307,
Southfield, Michigan 48037-0307, dated October 25, 1991 , the
Council does hereby determine to retain the firm of Plante
& Moran, certified public accountants, for performing the annual
independent audit of the accounts of the City of Livonia for
the year ending November 30, 1991 , as required by the City
160 Charter and in accordance with the guidelines set forth in
26744
lir the State Uniform Act 978, P A. 2, for a total fee not to exceed
$64,900 00.
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
#905-91 RESOLVED, that having considered the report and
recommendation of the City Engineer and Superintendent of Parks
and Recreation, dated October 31 , 1991 , which bears the signature
of the Finance Director and is approved for submission by the
Mayor, the Council does hereby authorize final payment in the
amount of $3,110 00 to Sprinkler Services Co , 30017 West Eight
Mile Road, P 0 Box 52693, Livonia, MI 48152, which sum includes
the full and complete balance due on a contract authorized
in Council Resolution 414-91 in the amount of $322,933 00,
the actual contract amount completed to date being $326,043.00,
in connection with the Idyl Wyld Golf Course Irrigation System
Project, it appearing from the aforementioned report that all
work under the said contract has been completed in accordance
with City standards and specifications, FURTHER, the Council
does hereby appropriate and authorize the expenditure of the
sum of $3,110 00 from the Idyl Wyld Golf Course Capital
Improvement Fund for this purpose
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
and unanimously adopted, it was
#906-91 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 21 , 1991 ,
and the report and recommendation of the Chief of Police, dated
November 8, 1991 , the Council does hereby approve of the request
from Paragon Steakhouse Restaurants, Inc , stockholder in Paragon
of Michigan, Inc (a Wisonsin Corporation) to transfer ownership
of 1991 Class C-SDM Licensed Business with Outdoor Service,
from C A Muer Corporation and a request for a new Official
Permit (Food) , and Sunday Sales, for a business located at
31501 Schoolcraft, Livonia, Michigan 48150, Wayne County, and
the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
1110 #907-91 RESOLVED, that having considered a communication from
the Mayor, dated November 20, 1991 , submitted pursuant to Section
26745
lbw2 48 020 of the Livonia Code of Ordinances, as amended, with
regard to the appointment of Mr. Scott Grace, 31007 Munger,
Livonia, Michigan 48154, as a member of the Local Officers
Compensation Commission for a term which shall expire on April
2, 1998, the Council does hereby concirm the appointment of
Mr. Grace, and it is further provided that he take the oath
of office as required in Chapter X of Section 2 of the City
Charter, to be administered by the office of the City Clerk.
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
#908-91 RESOLVED, that having considered a communication from
the Mayor, dated November 19, 1991 , submitted pursuant to Section
2 48 020 of the Livonia Code of Ordinances, as amended, with
regard to the appointment of Mr Clarence R. (Bud) Charest,
17809 Loveland, Livonia, Michigan 48152, as a member of the
Local Officers Compensation Commission for a term which shall
expire on April 2, 1992, the Council does hereby concirm the
appointment of Mr. Charest, and it is further provided that
he take the oath of office as required in Chapter X of Section
2 of the City Charter, to be administered by the office of
the City Clerk
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
#909-91 RESOLVED, that having considered a communication from
the Council President, dated November 15, 1991 , which bears
the signature of the Finance Director, the Council does hereby
authorize the transfer of the sum of $2,000 00 from Travel
Account 101-101-864-010 to Capital Outlay Account
101-101-981-000, the purpose of which is to allow for the
purchase of equipment for the Council Office and the Zoning
Board of Appeals Office.
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#910-91 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
lir appear on the agenda
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
and unanimously adopted, it was
i
26746
Ihro #911-91 RESOLVED, that the City Engineer having filed with
the City Clerk a statement dated September 10, 1991 on all
matters required by Sections 3 08 060 of the Livonia Code of
Ordinances, as amended, and a first public hearing having been
held thereon on November 18, 1991 , after due notice as required
by Section 3.08.070 of said Code, and careful consideration
having been given to all such matters, the Council does hereby,
pursuant to Section 3.08.080 of said Code
(1 ) accept and approve said statement in all respects,
(2) determine to make the road improvement consisting
of a 28 foot wide full-depth asphalt pavement with
mountable asphalt curbs (Alternate III ) on Wadsworth,
east of Stark Road in the Southeast 1/4 of Section
28, City of Livonia, Wayne County, Michigan, as
described in said statement, and to defray the cost
of such improvement by special assessment upon the
property especially benefited in proportion to the
benefits derived or to be derived,
(3) approve the plans and specifications for said
improvement as set forth in said statement dated
September 10, 1991 ,
(4) determine that the cost of such improvement is
$158,808.23,
(5) determine that the cost of said improvement shall
be paid for in part by special assessments on the
property benefited thereby and in part by the City
at large, in proportions thereafter established„
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall
be 15% of paving ($15,196 23) and 100% of drainage
($57,500.00) and that the balance of said cost and
expense of said public improvement amounting to 85%
of paving ($86,112.00) shall be borne and paid by
special assessments on all lands and premises in
the special assessment district as herein established
in proportion to the benefits to be derived therefrom,
(7) determine that assessments made for such improvement
may be paid in fifteen (15) annual installments
together with interest thereon on the unpaid balance,
(8) designate the assessment district, describing the
land and premises upon which special assessments
lbw shall be levied as follows
26747
A Special Assessment District in the S.E 1/4 of
Section 28, T 1S. , R 9E , City of Livonia, Wayne
County, Michigan, described as containing the property
shown on the Special Assessment Plan and the Special
Assessment Roll
(9) that the City Assessor is hereby directed to prepare
a special assessment roll including all lots and
parcels of land within the above district designated
by the Council and to assess to each such lot or
parcel of land such relative portions of the whole
sum to be levied against all lands in the special
assessment district as the special benefits to such
lots or parcels of land bear to the total benefit
of all land and also to enter upon such roll the
amount which has been assessed to the City at large,
all in accordance with the determination of the City
Council , and
(10) that upon the completion of said roll the City Assessor
shall attach thereto the certificate required by
the provisions of Section 3 08 100 of the Livonia
Code of Ordinances, as amended, of the City of Livonia
and file the same with the City Clerk who thereupon
is directed to present the same to the City Council
prior to the holding of the second public hearing
thereon as required by Section 3 08 110 of the said
Code
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#912-91 RESOLVED, that having considered a letter from Stephen
L. Lindsay, 34050 Wadsworth, Livonia, Michigan, dated February
7, 1991 , wherein a request is submitted for the installation
of sidewalks on Wadsworth and south on Stark Road to Plymouth
Road and on Plymouth Road east to the Antique Shop, the Council
does hereby refer this item to the Streets, Roads and Plats
Committee for its report and recommendation.
On a motion by Councilwoman Toy, seconded by Councilman Ochala,
and unanimously adopted, it was
#913-91 RESOLVED, that the City Engineer having filed with
the City Clerk a statement dated September 10, 1991 , pursuant
to Council Resolution 148-91 , adopted on March 6, 1991 , and
in accordance with the provisions os Section 3 08.060 of Title
26748
Ihro 3, Chapter 8 of the Livonia Code of Ordinances, as amended,
containing a report with regard to a proposed street improvement
on Savoie and Grove, south of Six Mile Road and east of
Middlebelt Road, City of Livonia, Wayne County, Michigan, and
a public hearing having been held thereon on November 18, 1991 ,
pursuant to Council Resolution 793-91 , after due notice as
required by Title 3, Chapter 8 of said Code, as amended, and
after a careful consideration having been given to all such
matters including the various objections, comments and
observations of individuals in attendance at such public hearing,
the Council does hereby determine to proceed no further with
the special assessment proceeding heretofore commenced for
the proposed improvement
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#914-91 RESOLVED, that the Council does hereby request that
the Department of Public Works submit a report and recommendation
with regard to the matter of providing maintenance and drainage
on Grove, south of Six Mile Road and east of Middlebelt in
the Northwest 1/4 of Section 13, FURTHER, the Council does
lit hereby request that the Department of Public Works perform
additional maintenance on Grove in this area before the onset
of winter.
On a motion by Councilman Jurcisin, seconded by Councilman Feenstra,
and unanimously adopted, it was
#915-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 20, 1991 , which
sets forth its resolution 9-152-91 adopted on September 17,
1991 with regard to Petition 91-8-1-17 submitted by Chris Keller,
for a change of zoning on property located on the east side
of Stark Road north of Plymouth Road in the Southeast 1/4 of
Section 28, from C-1 to R-1 , and the Council having conducted
a public hearing with regard to this matter on November 18,
1991 , pursuant to Council Resolution 794-91 , the Council does
hereby concur in the recommendation of the Planning Commission
and the said Petition 91-8-1-17 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
26749
16. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
#916-91 RESOLVED, that having considered a communication from
the City Planning Commission dated October 7, 1991 , which
transmits its resolution 10-165-91 , adopted on October 1 , 1991 ,
with regard to a Sign Permit Application submitted by Chapman
Sign Inc. on behalf of Winkelman' s, requesting approval to
erect a wall sign in the Laurel Park Place Mall at Newburgh
and Six Mile, and the Council having conducted a Public Hearing
with regard to this matter on November 18, 1991 , pursuant to
Council Resolution 827-91 , the Council does hereby reject the
recommendation of the Planning Commission and approve the said
Sign Permit Application.
Councilman Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 5 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO.
543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" BY
ADDING SECTION 3. THERETO. (Petition
90-11-1-31 )
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 Councilman Jurcisin, seconded by Councilman Ochala,
and unanimously adopted, it was
#917-91 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November
19, 1991 , and submitted pursuant to Council Resolution 801-91
in connection with a communication from the City Planning
Commission, dated September 20, 1991 , which transmits its
resolution 9-154-91 , adopted on September 17, 1991 , with regard
to Petition 91-8-2-24, submitted by Rapido Inc. , DBA Italian
Bottega, requesting waiver use approval to operate a limited
service restaurant in an existing building located on the
L northeast corner of Five Mile and Newburgh Roads in the Southwest
1/4 of Section 17, which property is zoned C-1 , the Council
does hereby concur in the recommendation of the Planning
26750
ihw Commission and Petition 91-8-2-24 is hereby approved and granted,
such approval to be based upon the same conditions as those
set forth in the aforesaid recommendation of the Planning
Commission, as well as a revised floor layout plan, dated
October 29, 1991
On a motion by Councilman Jurcisin, seconded by Councilman Bishop,
it was
#918-91 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November
19, 1991 , and a communication from the Mayor, dated November
19, 1991 , to which is attached the City Attorney' s letter with
regard to the manner of conducting a special election to fill
multiple vacancies on the City Council in accordance with the
Charter Amendment, as well as a communication from Councilman
Fernon P Feenstra, dated November 19, 1991 , which sets forth
a suggested procedure and time line for filling Council
vacancies, the Council does hereby determine to refer this
matter back to the Committee of the Whole for further
consideration until November 26, 1991
ihw A roll call vote was taken on the foregoing resolution with the following result:
AYES• Bishop, Taylor, Jurcisin and McCotter
NAYS• Toy, Ochala and Feenstra
The President declared the resolution adopted
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
#919-91 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November
19, 1991 , and having also considered a communication from
Councilman Fernon P Feenstra, dated November 19, 1991 , which
sets forth a suggested procedure and time line for filling
of Council vacancies, the Council does hereby take this means
to indicate that it concurs in the recommended procedure and
time line as set forth in the aforesaid recommendation of
Councilman Feenstra, FURTHER, the Council does hereby request
that Representative Lyn Bankes and Representative John Bennett
obtain an opinion from the office of the Michigan Attorney
General with respect to the issues which are discussed in the
imw opinion of the Department of Law dated November 19, 1991 with
regard to the manner of conducting a special election to fill
26751
1. multiple vacancies on the City Council in accordance with the
charter amendment which was passed by the citizens in the General
Election conducted on November 5, 1991
On a motion by Councilman Bishop, seconded by Councilman Jurcisin,
and unanimously adopted, this 1 ,213th Regular Meeting of the Council of the City
of Livonia was adjourned at 8 50 P.M. , November 20, 1991 .
Ro ert F Nash, City Clerk
thir