HomeMy WebLinkAboutCOUNCIL MINUTES 1992-03-11 26888
L MINUTES OF THE ONE THOUSAND TWO HUNDRED AND TWENTIETH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On March 11, 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 : 01 p.m. Councilman
Kavanagh delivered the invocation.
Roll was called with the following result: Present: Sean
P. Kavanagh, Michael P. McGee, Dale Jurcisin, Gerald Taylor, Ron
Ochala, Fernon P. Feenstra, 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; David N. Preston, Director of Finance; John
LNagy, Planning Director; Karen A. Szymula, Director of Legislative
Affairs ; Robert R. Bishop, City Treasurer; John Fegan, Director of
Inspection; and Lee B. Grieve, Police Chief .
At the direction of the Chair, Items 5 , 15 and 29 were
removed from the Consent Agenda.
On a motion by Taylor, seconded by Jurcisin, and unanimously
adopted, it was
*167-92 RESOLVED, that the minutes of the 1 , 219th Regular
Meeting of the Council of the City of Livonia, held February
24 , 1992 are hereby approved as amended.
On a motion unanimously introduced, seconded and adopted, it
was
#168-92 WHEREAS, on Saturday, January 25 , 1992, the
Livonia Churchill High School Porn Pon Squad performed in
regional competition at Waverly High School in Lansing,
lowMichigan, and
26889
L WHEREAS , the Livonia Churchill High School Pom Pon Squad
qualified in this regional competition which allowed them to
compete in the Mid-American PomPon, Incorporated, Statewide
Championships held in Saginaw, Michigan, and
WHEREAS, the Livonia Churchill High School Pom Pon Squad
traveled to Heritage High School in Saginaw, Michigan on
Saturday, February 15 , 1992 , where they competed against
eighteen Class A Division Squads for the State Championship,
and
WHEREAS, this talented group comprised of SENIORS: Holly
Belaire, Captain; Holly McDonald, Captain; Carolyn Brady,
Liz Cotter, Amy Jaffray, Brandee Maniko, Tracy Overaitis,
Samantha Pedersen; JUNIORS: Brandy Bakita, Co-Captain; Amy
Chopp, Carrie Couyoumjian, Carrie Hutson, Jenny Malek, Dawn
Rice, Shelly Talovich, and Rachelle Walton; SOPHOMORES:
Meghan Hannigan, Co-Captain; Sara Aloe, Kathyrn Grammatico,
Connie Mickelson, Stacee Maniko, Valerie Weiss; and
FRESHMEN: Joey Knopsnider and Lisa Stevens did as a result
of their ability, skill, teamwork and enthusiasm; many long
hours of practice and the support of parents , faculty and
students become the STATE CHAMPIONS - CLASS A DIVISION.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
LLivonia deems it fitting at this time to commend the members of the
Livonia Churchill High School Pom Pon Squad and Coach Judy Nouhan on
their victorious achievement as STATE CHAMPIONS - CLASS A DIVISION.
A communication from the Finance Director , dated March 2 ,
1992 , forwarding various financial statements for the month ending
December 31 , 1991 was received and placed on file for the information
of the Council.
On a motion by Feenstra, seconded by Taylor, it was
#169-92 RESOLVED, that having considered a letter from the
Livonia Wood Carvers Club, dated February 3 , 1992 , wherein
permission is requested to conduct the 18th Annual Wood
Carvers Show at the Eddie Edgar Sports Arena on August 1 and
2, 1992 , and which also requests a waiver of all fees in
connection with the transient merchants license for
exhibitors at the show, and further requests permission to
display temporary advertising signs at the intersections of
Farmington Road and Five Mile, Six Mile, Seven Mile, Eight
Mile, Lyndon and Schoolcraft , from July 24 , 1992 to August
L
26890
2 , 1992 , the Council does hereby approve and grant this
request in the manner and form herein submitted.
#170-92 RESOLVED, that having considered a letter from the
Livonia Wood Carvers Club, dated February 3 , 1992, the
Council does hereby take this means to indicate that the
Livonia Wood Carvers Club is recognized as a non-profit
organization operating in the community, the action herein
being taken for the purpose of affording the Livonia Wood
Carvers Club an opportunity to obtain a gaming license from
the State of Michigan in accordance with the provisions of
State Statute.
#171-92 RESOLVED, that having considered a letter from Mr.
Scott Heinzman, 37601 Grantland, Livonia, Michigan 48150 ,
received by the office of the City Clerk on February 7 ,
1992 , the Council does hereby request that the Director of
Public Works submit a report and recommendation with regard
to the marking of floors at elevator door openings in the
Livonia City Hall in a manner sufficient to inform visitors
as to the floor that the elevator has stopped at.
#172-92 RESOLVED, that having considered a letter from the
President of the Board of Active Friends of the Homeless,
dated February 14 , 1992 , the Council does hereby take this
mans to indicate that the Active Friends of the Homeless is
recognized as a non-profit organization operating in the
community, the action herein being taken to afford the
Active Friends of the Homeless the opportunity to obtain a
gaming license in accordance with provisions of State
Statute .
#173-92 RESOLVED, that having considered a letter from the
Rennolds ' Ravines Civic Association, dated February 24,
1992 , wherein a request is submitted for the installation of
pedestrian crossing signals and pavement markings at the
intersection of Levan and Five Mile Roads, the Council does
hereby request that the Traffic Commission submit its report
and recommendation.
#174-92 RESOLVED, that having considered the report and
recommendation of the Fire Chief , dated February 13 , 1992 ,
which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and to which is
attached a 1992 Assessment and Dues Notice in the total
amount of $3 , 285 . 50 from the Western Wayne County Fire
Department Mutual Aid Association, the Council does hereby
approve and authorize the payment of these fees in the
manner and form herein submitted.
L
- _
26891
#175-92 RESOLVED, that having considered the report and
recommendation of the Director of Building Inspection, dated
February 7 , 1992 , which bears the signature of the Director
of Finance and is approved for submission by the Mayor, the
Council does hereby authorize a one-year extension of the
1991 weed cutting contract between the City of Livonia and
Pritula & Sons Excavators , 28355 Beverly, Romulus, Michigan
48174, in accordance with paragraph 4 of the contract
previously authorized in Council Resolution 317-91 , adopted
on April 17 , 1991 , the said extension to be based upon the
same terms and conditions as those set forth in the original
contract; FURTHER, the Council does hereby authorize an
advance in the contract amount from the Municipal Refuse
Fund Account for the purpose of making payments to the
contractor as he completes the work, with the provision that
the Municipal Refuse Fund Account be reimbursed as bills for
weed cutting are collected; 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; and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia,
to execute the said contract extension as well as to do all
other things necessary to fulfill the purpose of this
resolution.
1A communication from Mayor Robert D. Bennett, dated February
25 , 1992 , re Council Resolution #676-91 - Grantland Avenue Prohibited
Uses, was received and placed on file for the information of the
Council.
#176-92 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated
February 14 , 1992 , approved by the Director of Finance and
approved for submission by the Mayor, the Council does
hereby accept the bid of White Owl Maintenance Co. , Inc. ,
7255 Pontiac Trail, West Bloomfield, Michigan 48323 , for
providing the Public Service Division (Building Maintenance
Section) with window cleaning service for the Livonia
Municipal Administrative Building at a cost of $1, 637 .00 per
cleaning, and the Civic Center Library at a cost of
$1, 800 . 00 per cleaning, the same having been in fact the
lowest bid received and meets all specifications; FURTHER,
in the event the aforesaid bidder is unable to perform, the
Council does hereby accept the second low bid meeting
specifications of Mulville & Sons, Inc. , 1545 E. Nine Mile
Road, Ferndale, Michigan 48220 for providing window cleaning
service for the Livonia Municipal Administrative Building at
26892
a cost of $1 , 650 . 00 per cleaning and the Civic Center
Library at a cost of $3 , 000 . 00 per cleaning.
#177-92 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated
February 14 , 1992 , approved by the Director of Finance and
approved for submission by the Mayor, the Council does
hereby accept the unit price bid of Capital Building Supply
Co. , 14295 Schaeffer, Detroit, Michigan 48227, for supplying
the Public Service Division (Road Maintenance Section) with
Air Entrained Cement for a total estimated cost of $6 , 285 . 00
for the period through March 31 , 1993 , the same having been
in fact the lowest bid received and meets all specifica-
tions ; FURTHER, in the event the aforesaid low bidder is
unable to furnish the material, the Council does hereby
accept the second low unit price bid of National Ready-Mix,
Inc. , 39000 Ford Road, Westland, Michigan 48185 , as an
alternate, for a total estimated price of $6 , 600 . 00 for the
period through March 31 , 1993 .
#178-92 RESOLVED, that having considered the report and
recommendation of the Director of Public Works , dated
February 14 , 1992 , approved by the Director of Finance and
approved for submission by the Mayor, the Council does
hereby accept the following low bids which meet
specifications for supplying the Public Service Division
(Road Maintenance Section) with the materials specified at
the unit prices bid per ton through March 31, 1993 :
( 1 ) Suburban Transport, Inc . , 54630 Pontiac Trail, Milford,
Michigan 48381
M.D.O.T. - 21A - D.T.Y. $4 . 82 per ton
M.D.O.T. - 21A - S.O.R. 4 . 82 per ton
M.D.O.T. - 22A D.T.Y. 4. 82 per ton
M.D.O.T. - 22A - S.O.R. 4. 82 per ton
W.C.R.C. - 3A - D.T.Y. 8 . 99 per ton
M.D.O.T. - 25A - D.T.Y. ( Slag) 9 . 04 per ton
W.C.R.C. - 3X - D.T.Y. 6 . 91 per ton
W. C.R.C. - 22X - D.T.Y. 5 . 12 per ton
W.C.R.C. - 30A - D.T.Y. 6 . 49 per ton
W.C.R.0 - Porous Backfill -
Grade A - D.T.Y. 3 . 34 per ton
W.C.R.C. - Porous Backfill -
Grade B - D.T.Y. 5 . 04 per ton
W.C.R.C. - 2NS - Natural Sand - D.T.Y. 4. 19 per ton
W. C.R.C. - 2MS - Mortar Sand - D.T.Y. 6 . 94 per ton
Pea Gravel - D.T.Y. 6. 84 per ton
Im
26893
( 2 ) Edw. C. Levy Company, 8800 Dix Avenue, Detroit,
Michigan 48209
M.D.O.T. - 31A - D.T.Y. $7 . 75 per ton
( 3 ) Holloway Sand & Gravel Co. , Inc. , 29250 Wixom Road,
Wixom, Michigan 48393
M.D.O.T. - 9A - D.T.Y. $7 . 65 per ton
M.D.O.T. - 9A - S.O.R. 7 . 65 per ton
M.D.O.T. - 25A - D.T.Y. (Stone) 9. 25 per ton
( 4 ) Dale Osburn, Inc. , 5850 Pardee, Taylor, Michigan 48180
60-40 Washed - Conc. Aggregates -
D.T.Y. $7 . 44 per ton
( 5) Rock-Way, Inc . , 35200 Northline Road, P.O. Box 74219 ,
Romulus, Michigan 48174-0219
M.D.O.T. - 21AA - Limestone $6 . 09 per ton
#179-92 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated
February 19 , 1992 , approved by the Director of Finance and
approved for submission by the Mayor, the Council does
hereby accept the unit price bid of Margolis Nursery, Inc. ,
9600 Cherry Hill Road, Ypsilanti, Michigan 48198 , for
completing all work required in connection with the City' s
1992 Street Tree Planting Program for the estimated total
cost of $40 ,710 . 00 , and subject to a final payment based
upon the actual units completed in accordance with the unit
prices accepted herein, said estimated cost and unit prices
having been the lowest bid received for this item; 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.
A communication from the City Treasurer, dated February 6 ,
1992, re collection of 50% of Oakland Schools ' taxes, was received
tip
26894
and placed on file for the information of the Council.
#180-92 RESOLVED, that having considered a communication
from the Water and Sewer Board, dated February 19 , 1992,
approved by the Director of Finance and approved for
submission by the Mayor, and which transmits its resolution
WS 2951 1/92, the Council does hereby accept the quoted
price of Jack Doheny Supplies, P.O. Box 609 , Northville,
Michigan 48167 , in the amount of $6 , 824 . 24 for furnishing
all labor and material necessary to replace the water tank
on the existing 1986 FMC Truck-Mounted Hydraulic Sewer
Cleaner; 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.
A communication from the Director of Finance, dated February
20 , 1992, re Lighting Overhead - C.R. #417-91 , was received and
placed on file for the information of the Council.
#181-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 7 , 1992 ,
which bears the signature of the Finance Director and is
approved for submission by the Mayor, the Council does
hereby accept the unit price bid of M.G. Christian Builders
Inc. , 20009 James Couzens, Detroit, Michigan 48235 , for the
1992 Sidewalk Program for the estimated total cost of
$229 , 670 . 50 , based upon the Engineering Department ' s
estimate of units involved, and subject to a final payment
based upon the actual units completed in accordance with the
unit prices accepted herein, said estimated cost and unit
prices having been in fact the lowest bid received for this
item; FURTHER, the Council does hereby ( 1 ) authorize an
advance in the amount of $229 , 670. 50 from the $12 million
General Obligation Road Improvement Bond Issue with the
provision that this bond issue be reimbursed at such time as
funds are subsequently received from the payment of bills
and assessments by affected property owners and ( 2)
authorize an appropriation in the amount of $22 , 000 . 00 from
The Michigan Transportation Fund, Local Road Account, to pay
for the City' s portion of the contract; and the City
Engineer 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.
ir
26895
#182-92 RESOLVED, that having considered a report and
recommendation from the Engineering Department dated
February 6 , 1992 and approved for submission by the Mayor,
the Council does hereby modify and amend Council Resolution
#773-91, adopted September 25 , 1991 ; said action of the
Council previously taken with respect to the acceptance of a
Quit Claim Deed (along with various public easements) for
the dedication of Elmira Avenue in the N.E. 1/4 of Section
32 as follows:
1. Quit Claim Deed dated June 3 , 1991 , executed by Bobby
Stoyanovich, a single man; Petre Stoyanovich and Donka
Stoyanovich, his wife, for:
A part of the N.E. 1/4 of Section 32 , T. 1 S. , R. 9 E. ,
City of Livonia, Wayne County, Michigan, being more
particularly described as follows :
Beginning at a point located S . 89°00 ' 00" E 656 . 20 feet
along the north line of Secion 32 ( nominal centerline
of Plymouth Road) and S . 01 04 ' 00" W. 427 . 69 fees from
the North 1/4 corner of Secton 32 ; thence S. 88 43 ' 36"
E. 215 . 20 fest; thence S. 89 01 ' 47" E. 150 . 00 f8et;
thence S. 01 04 ' 00" W. 60 . 00 feet; thence N. 89 01 ' 47"
W. 149. 86 fest, thence N. 88°43 ' 36" W. 215 . 36 feet;
thence N. 01 04 ' 00" E. 60 . 00 feet to the point of
beginning. Elmira Avenue right-of-way (Tax parcel Nos .
46-125-99-0011-000 , 46-125-99-0012-000 , and
46-125-99-0010-002 )
2 . Grant of Easement dated August 15 , 1991 executed by
Bobby Stoyanovich, a single man; Petre Stoyanovich and
Donka Stoyanovich, his wife, for:
The south 12 feet and the north 10 feet of the
following parcel of land:
A part of the NE 1/4 of Section 32 , T. 1S. , R. 9E. , City
of Livonia, Wayne County, Michigan being more
particularly described as follows ;
Beginning at a point located S 89°00 ' 00" E 656 . 20 feet
along the north line of Se8tion 32 ( nominal centerline
of Plymouth Road) and S 01 04 ' 00" W 487 . 690feet from
the N 1/4 corner of Secion 32 thence S 88 43 ' 36" E
60 . 00 feet; thence S 032-'04 ' 00" W 120 . 82 feet to the
north line of "Country Homes Sub. No. 3" as recorded in
Liber 78 of Plats, Pages 42 & 43 , WayneoCounty Records ;
thence along said subdivision line N 89 01 ' 47" W 60 . 00
26896
feet; thence N 01°04 ' 00" E 121 . 14 feet to the point of
beginning. ( 125-99-0012-010 )
3 . Grant of Easement dated August 15 , 1991 , executed by
Bobby Stoyanovich, a single man; Petre Stoyanovich and
Donka Stoyanovich, his wife, for:
The south 12 feet and the north 10 feet of the
following parcel of land:
A part of the NE 1/4 of Section 32 , T. 1S. , R. 9E. , City
of Livonia, Wayne County, Michigan being more
particularly described as follows :
Beginning at a point located S 89°00 ' 00" E. 656 . 20 feet
along the north line of Se8tion 32 (nominal centerline
of Plymouth Road) and S 01 04 ' 00" W 487 . 69 feet and S
88°43 ' 36" E 60 . 00 feet frcq the N 1/4 corner of Section
32 ; hence continuing S 88 51 ' 03" E 60 . 00 feet; thence
S 01 04 ' 00" W 120 . 50 feet to the north line of "Country
Homes Sub. No. 3" as recorded in Liber 78 of Plats,
Pages 42 & 43 , Wayne Sounty Records ; thence along said
subdivision line N 89 01 ' 47" W 60 . 00 feet; thence N
01 04 ' 00" E 120 . 82 feet to the point of beginning.
( 125-99-0012-009 )
4 . Grant of Easement dated August 15 , 1991 , executed by
Bobby Stoyanovich, a single man; Petre Stoyanovich and
Donka Stoyanovich, his wife, for :
The South 12 feet and the north 10 feet of the
following parcel of land:
A part of the NE 1/4 of Section 32 , T. 1S. , R. 9E. , City
of Livonia, Wayne County, Michigan being more
particularly described as follows :
Beginning at a point located S 89°00 ' 00" E 656 . 20 feet
along the north line of Se8tion 32 ( nominal centerline
ofoPlymouth Road) and S 01 04 ' 00" W 487 . 69 feet and S
88 43 ' 36" E 120 . 00 feet from the N 1/4 corner of
Section 32 ; thence continuing S 88°43 ' 36" E 60 . 00 feet;
thence S 01°04 ' 00" W 120 . 19 feet to the north line of
"Country Homes Sub. No. 3" as recorded in Liber 78 of
Plats , Pages 42 & 43 , Wayne Countg Records; thence
along said Subdivision line N. 89 01 ' 47" W 60 . 00 feet;
thence N 01 04 ' 00" E 120 . 50 feet to the point of
beginning. ( 125-99-0011-007 )
26897
5. Grant of Easement dated August 15 , 1991, executed by
Bobby Stoyanovich, a single man; Petre Stoyanovich and
Donka Stoyanovich, his wife, for:
The South 12 feet and the north 10 feet of the
following parcel of land:
A part of the NE 1/4 of Section 32, T. 1S. , R. 9E. , City
of Livonia, Wayne County, Michigan being more
particularly described as follows:
Beginning at a point located S 89°00 ' 00" E 656 . 20 feet
along the north line of Section 32 (nominal centerline
of Plymouth Road) and S 01 04 ' 00" W 487 . 69 feet and S
880
43 ' 36" E 180 . 00 feet from the N,1/4 corner of
Section 32 ; thence continuing S 88'43 ' 36" E A5 . 14 feet;
thence S 89°0l ' 47" E 24.86 feet; thence S 01 04 ' 00" W
120. 00 feet to the north line of "Country Homes Sub.
No. 3" as recorded in Liber 78 of Plats, Pages 42 & 43 ,
Wayne County Records; thence along said sundivision
line N 89 01 ' 47" W 60 . 00 feet; thence N 01 04 ' 00" E
120. 19 feet to the point of beginning.
( 125-99-0011-006 )
6 . Grant of Easement dated August 15 , 1991, executed by
LBobby Stoyanovich, a single man; Petre Stoyanovich and
Donka Stoyanovich, his wife, for:
The South 12 feet and the north 10 feet; also the east
6 feet of the following parcel of land:
A part of the NE 1/4 of Section 32 , T. 1S. , R. 9E. , City
of Livonia, Wayne County, Michigan being more
particularly described as follows:
Beginning at a point located S 89°00 ' 00" E 656 . 20 feet
along the north line of Seqtion 32 (nominal centerline
of Plymouth Road) and S 01'04' 00" W 487 .69 feet and S
88°43 ' 36" E 215 . 36 feet and S 89°01 ' 47" E 24 . 86 feet;
from,the N 1/4 corner of Section 32; hence continuing
S 88'01 ' 47" E 62 . 60 feet; thence S 01'04 ' 00" W 120. 00
feet to the north line of "Country Homes Sub. No. 3" as
recorded in Liber 78 of Plats, Pages 42 & 43 , Wayne
Copty Records; thence along said subdivision line N
89 01 ' 47" W 62. 20 feet; thence N 01 04 ' 00" E 120.00
feet to the point of beginning. ( 125-99-0010-005 )
7 . Grant of Easement dated August 15 , 1991 , executed by
Bobby Stoyanovich, a single man; Petre Stoyanovich and
Donka Stoyanovich, his wife, for:
26898
The South 12 feet and the north 10 feet; also the west
6 feet of the following parcel of land:
A part of the NE 1/4 of Section 32 , T. 1S . , R. 9E. , City
of Livonia, Wayne County, Michigan being more
particularly described as follows:
Beginning at a point located S 89°00 ' 00" E 656 . 20 feet
along the north line of Section 32 ( nominal centerline
of Plymouth Road) and S 01 04 ' 00" W 487 . 69 feet and S
88°43 ' 36" E 215 . 36 feet and S 89°01 ' 47" E 87 . 46 feet;
from the N 1/4 corner of Section 32 ; hence8continuing
S 88°43 ' 36" E 62 . 60 feet; thence S 01 04 ' 00" W 120 . 00
feet to the north line of "Country Homes Sub. No. 3" as
recorded in Liber 78 of Plats, Pages 42 & 4A, Wayne
County Records; thence glong said line N 89 01 ' 47" W
62. 60 feet; thence N 01 04 ' 00" E 120 . 00 feet to the
point of beginning. ( 125-99-0010-004 )
the Council does hereby, for and on behalf of the City of
Livonia, accept the aforesaid Quit Claim Deed and Grants of
Easement and the City Clerk, is hereby requested to have the
same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the
purpose of this resolution.
LAAND BE IT FURTHER RESOLVED, that said Elmira Avenue is
an improved public street and is open for public street
purposes; and further, that said street is accepted into the
City' s Local Street System.
#183-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 11 ,
1992 , approved for submission by the Mayor, the Council does
hereby amend Item No. 7 of Council Resolution 788-91,
adopted on October 9 , 1991, so as to reduce the financial
assurances now on deposit with the City for general
improvements in Cane Woods Subdivision located in the
Southwest 1/4 of Section 4 to $107 , 000 . 00 , of which at least
$10 , 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.
#184-92 RESOLVED, that having considered a communication
from the Department of Law, dated February 12 , 1992 ,
approved by the City Engineer and approved for submission by
26899
the Mayor, the Council does hereby accept the offer and quit
claim deeds of Lori Ann Osborne ( formerly Lori Leffler) ,
Evelyn Ziegler Campbell, Linda Ziegler Schaefer, Lisa Lynn
Leffler, Kari Lee Leffler, and Gloria Leffler, conveying the
following property:
Lots 24 and 25 , Bell Creek Estates Subdivision, as
recorded in Liber 67 , Page 33 , Wayne County Records,
said subdivision being a part of the N.W. 1/4 of
Section 14 , T. 1 S. , R. 9 E. , Livonia Township (now
City of Livonia) , Wayne County, Michigan. Tax Parcel
Nos. 054-01-0024-000 and 054-01-0025-000
the Council does hereby determine, for and on behalf of the
City of Livonia, to accept the quit claim deeds , and the
City Clerk is hereby requested to have the same recorded
with the Wayne County Register of Deeds and to do all other
things necessary or incidental to the full performance of
this resolution; FURTHER, the City Assessor is hereby
requested to have this property removed from the tax rolls
and to show the same as City-owned and tax-exempt.
#185-92 RESOLVED, that having considered a communication
from the Department of Law, dated February 13 , 1992 ,
approved for submission by the Mayor, the Council does
hereby rescind and repeal Resolutions 1156-88 and 1157-88;
FURTHER, the Council does hereby authorize the office of the
City Attorney to commence suit in the Circuit Court for the
County of Wayne to quiet title on property located at the
northeast corner of Schoolcraft and Eckles Roads, Tax Parcel
Numbers 46-075-99-0008-000 , 46-075-99-0009-000 ,
46-075-99-0010-000 ; and upon conclusion thereof the Council
authorizes the institution of the ordinance prescribed
procedure required to take competitive bids for the sale of
said property.
#186-92 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 28 , 1992 ,
which transmits its resolution 1-202-92 , adopted on January
21 , 1992 , with regard to Petition 91-10-3-5 , submitted by
Mr. and Mrs . Allen Kraffa, requesting the vacating of a
portion of a six-foot easement along the west property line
of Lot 552 , Castle Gardens Subdivision No. 4 , located on the
south side of Five Mile Road east of Knolson Avenue in the
Northwest 1/4 of Section 19 , the Council does hereby concur
in the recommendation of the City Planning Commission and
does grant and approve the said Petition 91-10-3-5 ; and the
Department of Law is hereby requested to prepare the
necessary vacating ordinance in accordance with this
resolution.
26900
#187-92 RESOLVED, that having considered a communication
from the City Planning Commission, dated February 7 , 1992 ,
which transmits its resolution 2-211-92 , adopted on February
4 , 1992, with regard to Petition 91-12-2-35 , submitted by
Mark Wibel requesting waiver use approval to operate a full
service restaurant in an existing shopping center located on
the south side of Five Mile Road between Middlebelt and
Beatrice in the Northeast 1/4 of Section 23 , which property
is zoned C-2 , the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation.
#188-92 RESOLVED, that having considered a communication
from the City Planning Commission, dated February 5 , 1992 ,
which transmits its resolution 2-214-92 , adopted on February
4 , 1992 , with regard to Petition 91-12-2-36 , submitted by
Mark Wibel, requesting waiver use approval to utilize a
Class C liquor license in connection with a proposed
restaurant to be located on the south side of Five Mile Road
between Middlebelt and Beatrice in the Northeast 1/4 of
Section 23 , which property is zoned C-2 , the Council does
hereby refer this item to the Committee of the Whole for its
report and recommendation.
#189-92 RESOLVED, that having considered a communication
from the City Clerk, dated February 25 , 1992, which
indicates that the proprietor of Pine Cove Estates
Subdivision, located on the west side of Inkster Road
between Joy Road and West Chicago in the Southeast 1/4 of
Section 36 , has delivered final true plat to the City Clerk
and requested that said plat be presented to Council for
final approval ; and the Council having received a
communication from the City Planning Commission, dated
February 12 , 1992 , wherein said Commission approves the
final plat for the said subdivision in its resolution
2-216-92, adopted on February 11, 1992 ; and the Council
having considered a report from the City Engineer, dated
February 20 , 1992 , recommending approval of the final plat
of said subdivision, the preliminary plat of which was
approved by the Council in its Resolution 655-91, adopted on
August 19 , 1991 , said preliminary plat having been
recommended for approval by the City Planning Commission on
March 19 , 1991 in its resolution 3-51-91; NOW, THEREFORE,
the Council does hereby determine to grant its approval to
the final plat of Pine Cove Estates Subdivision, located on
the West side of Inkster road between Joy Road and West
Chicago in the Southeast 1/4 of Section 36 , City of Livonia,
Wayne County, Michigan, as submitted by the proprietor
thereof, which proprietor is also hereby required to do all
things necessary to obtain full compliance with the
10. Subdivision Control Act of Michigan of 1967 , as amended, and
26901
the Ordinances of the City of Livonia; and FURTHER, the City
Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution.
#190-92 RESOLVED, that having considered a communication
from Councilman Fernon P. Feenstra, dated February 14, 1992,
the Council does hereby request that the Committee of the
Whole submit its report and recommendation with regard to
the provisions set forth in Article XXI of Zoning Ordinance
543 as they relate to the Zoning Board of Appeals and, more
specifically, as they relate to the attendance of Board
Members as well as consideration of a proposal to appoint
alternate Members to the Board.
#191-92 RESOLVED, that having considered a communication
from Councilman Fernon P. Feenstra, dated February 14 , 1992,
the Council does hereby request that the Legislative
Committee submit a report and recommendation with regard to
Ordinance provisions which pertain to the subject of the
installation of fences upon property and which way they are
installed (wrong side out/right side out/double-sided, etc. )
#192-92 RESOLVED, that having considered a communication
from Councilman Fernon P. Feenstra, dated February 14, 1992 ,
the Council does hereby request that the Legislative
Committee submit a report and recommendation with regard to
the need, if any, to modify Section 18 . 45 of Zoning
Ordinance 543 with respect to Protective Wall requirements
prescribed therein.
Ito #193-92 RESOLVED, that having considered a communication
from Council President Laura M. Toy, dated February 24,
1992 , the Council does hereby request a report and
recommendation from the Department of Law with respect to
the Class C license at Whispering Willows Golf Course, which
is in the name of the City of Livonia Parks & Recreation
Commission.
#194-92 RESOLVED, that having considered a communication
from Council President Laura M. Toy, dated February 26 ,
1992 , wherein it is proposed that a Charter amendment be
adopted which would revise the manner in which the Council
President and Council Vice President are selected ( to be
determined by the amount of votes received at the preceding
regular City election) , the Council does hereby refer this
item to the Committee of the Whole for its report and
recommendation.
#195-92 RESOLVED, that having considered a communication
from the City Engineer, dated February 25 , 1992 , approved
26902
LA for submission by the Mayor, and submitted pursuant to
Council Resolution 14-92 , and the City Engineer having
ascertained the assessed valuation of all property affected
by the proposed street improvement of Grove , west of
Merriman, located in the Northeast 1/4 of Section 15, 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
"o" information, estimate, plans, specifications and
recommendations have been properly filed by the City
Engineer with the City Clerk under date of February 25 ,
1992 , 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, April 22 , 1992 at 7 : 30 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.
#196-92 RESOLVED, that in accordance with the provisions
set forth in Section 4 of Act 207 of the Public Acts of
Michigan of 1921 , as amended, the City Zoning Act (MSA
5. 2934 ; MCLA 125 . 584 ) , as well as Article XXIII of Ordinance
543 , as amended, the Zoning Ordinance of the City of
Livonia, the Council does hereby determine that a Public
Hearing will take place before the City Council of the City
of Livonia on Wednesday, April 22, 1992 at 7 : 30 p.m. at the
City Hall, 33000 Civic Center Drive, Livonia, Michigan, with
respect to the following item:
Petition 91-12-1-24 , submitted by Jonna Companies
(Christine Jonna Piligian and Michael J. George) for a
change of zoning on property located on the west side
of I-275 , east of Haggerty Road, north of Seven Mile
Road in the Southwest 1/4 of Section 6 , from M-1 to
PO-II ; PO and M-1 to ML; M-1 to C-1; PO to C-2 ; and OS
26903
and C4-III to C-2 , the City Planning Commission in its
impe resolution 3-232-92 having recommended to the City
Council that Petition 91-12-1-24 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 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 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: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra,
and Toy.
NAYS: None.
At the direction of the Chair, Item 51 was removed from the
Regular Agenda.
McGee made the following disclosure respecting a conflict of interest
on this matter:
Madame President, pursuant to the provisions of Chapter
IV, section 9, of the Livonia City Charter and the relevant
provisions of State law, I am hereby disclosing the
existence of a conflict of interest with respect to this
matter. As I believe the Council and the Administration are
aware, I am an employee of the law firm of Miller, Canfield,
Paddock and Stone of Detroit, Michigan. Miller, Canfield
has acted as bond counsel to the City for many years. This
matter involves a pending bond issue for which Miller,
26904
Canfield has been retained by the City to act as bond
counsel. As such, I have a pecuniary interest in this
matter and, under the foregoing authorities, I must abstain
from consideration of and voting upon this matter. I refer
to my letter dated February 24, 1992, to the City Clerk on
this subject and would ask that these remarks be made part
of the official record of this meeting. Thank you.
McGee left the podium at 8 : 18 p.m.
On a motion by Feenstra, seconded by Ochala, it was
#197-92 WHEREAS, the City Council of the City of Livonia,
County of Wayne, Michigan ( the "City" ) , intends to authorize
the issuance and sale of General Obligation Unlimited Tax
Bonds, Series 1992 pursuant to Act 279 , Public Acts of
Michigan, 1909 , as amended in an amount not to exceed Three
Million Dollars ( $3 , 000, 000 ) both for the purpose of
defraying all or any part of the costs of acquiring and
constructing various road and public improvements in the
City; and
WHEREAS, prior to issuance of the bonds the City must either
receive prior approval of the bonds from the Michigan
Department of Treasury or be exempt from prior approval as
im provided in Chapter III , Section II of Act 202 , Public Acts
of Michigan, 1943 , as amended; and
WHEREAS, in order to be exempt from prior approval, the City
must notify the Department of Treasury of its intent to
issue the bonds and must agree to pay the filing fees
required by the aforesaid act.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Clerk and the Finance Director are each
authorized to notify the Department of Treasury of the
City' s intent to issue the bonds described in the
preamble to this resolution and request orders
providing an exception for the issue of the bonds from
prior approval by the Department of Treasury.
2. The City agrees to pay to the state the filing fees
prescribed by law in connection with the issuance of an
obligation with respect to issue of the bonds described
in the preamble to this resolution.
3 . All resolutions and parts of resolutions insofar as
they conflict with the provisions of this resolution by
and the same hereby are rescinded.
26905
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: Kavanagh, Jurcisin, Taylor, Ochala, Feenstra, and Toy
NAYS: None.
McGee returned to the podium at 8: 19 p.m.
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was
#198-92 RESOLVED, that having considered a letter from the
Beautification Council of Southeastern Michigan, dated
January 1, 1992, to which is attached a 1992 Membership Dues
Notice in the amount of $20 . 00 , the Council does hereby
authorize the completion of the said form wherein the City
of Livonia would be a member of this organization and does
further authorize the payment of the said membership dues
notice in the amount of $20 . 00; and the City Clerk is hereby
requested to do all things necessary to incidental to the
full performance of this resolution.
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was
#199-92 RESOLVED, that having considered a communication
from Councilman Fernon P. Feenstra, dated February 14 , 1992,
wherein it is proposed that the Roads Beautification
Committee be re-established, the Council does hereby refer
this item to the Mayor for his report and recommendation.
Feenstra gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 060, 070 AND 100 OF
TITLE 5, CHAPTER 69 (PRECIOUS METAL AND GEM DEALERS) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
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.
Feenstra gave first reading to the following Ordinance:
26906
iss AN ORDINANCE AMENDING SECTION 010 , 020 , 030 , 040, 050
AND 060 OF, AND ADDING SECTION 055 TO, TITLE 10,
CHAPTER 36 (OPERATING VEHICLE WHILE UNDER INFLUENCE OF
LIQUOR AND/OR CONTROLLED SUBSTANCE) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED.
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.
Feenstra invoked the Emergency Clause and gave second
reading to the foregoing Ordinance and a roll call vote was taken
thereon with the following result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra,
and Toy.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
Lbecome effective on publication.
Feenstra gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 150 AND REPEALING SECTION
160 OF TITLE 10, CHAPTER 18 (CERTIFICATES AND LICENSES)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
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.
Feenstra invoked the Emergency Clause and gave second
reading to the foregoing Ordinance and a roll call vote was taken
thereon with the following result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra,
and Toy.
NAYS: None.
26907
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
L
Feenstra gave first reading to the following Ordinance:
AN ORDINANCE ADDING SECTION 360 TO TITLE 10, CHAPTER 33
(DRIVING REGULATIONS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
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.
Feenstra invoked the Emergency Clause and gave second
reading to the foregoing Ordinance and a roll call vote was taken
thereon with the following result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra,
and Toy.
NAYS: None.
LThe President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Feenstra gave first reading to the following Ordinance:
AN ORDINANCE REPEALING SECTION 110 OF TITLE 9, CHAPTER
32 (ALCOHOLIC BEVERAGES) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
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.
Feenstra invoked the Emergency Clause and gave second
reading to the foregoing Ordinance and a roll call vote was taken
thereon with the following result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra,
Land Toy.
NAYS: None.
26908
The President declared the foregoing Ordinance duly adopted, and would
Lbecome effective on publication.
Ochala took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 050 OF TITLE 2, CHAPTER
04 (MEETINGS - ORDER OF BUSINESS) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the
following result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra,
and Toy.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
bycome effective on publication.
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was
#200-92 Resolved, that the Council does hereby request
that the City Engineer submit a report and recommendation
with regard to a proposed street improvement of Pembroke for
approximately one block west of Purlingbrook.
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
#201-92 RESOLVED, that having considered a communication
from the City Assessor, dated January 21, 1992, approved for
submission by the Mayor, with regard to a request from
Dorothy L. McGlohon, 29709 Bretton, Livonia, Michigan, for a
proposed division of Tax Item No. 46 007 99 0080 001 into
two parcels, the Council does hereby refer this item to the
Streets, Roads, and Plats Committee for its report and
recommendation.
26909
On a motion by Feenstra, seconded by Ochala, it was
L #202-92 RESOLVED, that having considered a communication
from the City Assessor, dated January 21, 1992, approved for
submission by the Mayor, with regard to a request from Mr.
Henry Talaske, 19845 Doris, Livonia, Michigan 48152, and
having also considered a petition submitted by certain
neighbors in opposition to Mr. Talaske' s request, dated
February 9, 1992, 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. 46 008 01 0474
000 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: Kavanagh, McGee, Ochala, and Feenstra.
NAYS: Jurcisin, Taylor, and Toy.
im The President declared the resolution adopted.
On a motion by Jurcisin, seconded by Ochala, and unanimously
A
adopted, it was
#203-92 RESOLVED, that having considered a letter from the
Vice President of the Livonia Anniversary Committee, Inc. ,
dated January 30, 1992, the Council does hereby determine to
approve the following dates for the Spree "42" celebration:
June 23-28, 1992 .
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was
#204-92 RESOLVED, that having considered a letter from the
Vice President of the Livonia Anniversary Committee, Inc. ,
dated January 30 , 1992, which submits a request for approval
of the following items:
( 1) The issuance of a permit to Pugh Shows to conduct
carnival amusement rides at Henry Ford Field, as part
of this year ' s Spree "42" celebration, on June 23 , 24,
26910
and 25 , 1992 from 3 : 00 P.M. to Midnight and June 26 , 27
and 28 , 1992 from 12 : 00 Noon to Midnight;
( 2 ) The issuance of a permit to the Anniversary Committee
to conduct a circus on June 23-28, 1992 at Ford Field;
( 3 ) Authorization of the Anniversary Committee to conduct a
fireworks display to be held at Veterans Park on
Sunday, June 28, 1992, at 10. 00 P.M. , which display
will be fired by American Fireworks , subject to
providing liability insurance for this event, and
subject to the City of Livonia and the Livonia
Anniversary Committee, Inc. being designated as
additional insured on their policy;
( 4 ) Authorization of the Livonia Anniversary Committee to
use and/or lease the facilities at the Henry Ford
Field, Veterans Park and the Eddie Edgar Arena during
the period of the Spree "42" celebration;
( 5 ) A waiver of all fees prescribed by ordinance or law
with respect to items 2, 3 and 4 above, as well as a
waiver of all vendor' s license fees for community
organizations and/or groups authorized to participate
in Spree "42" by the Anniversary Committee; and
im
( 6) Authorization to place 4 ' x 8 ' Spree signs (may be
double-sided) on the following publicly-owned property
from June 13 , 1992 through June 29 , 1992 :
a. Ford Field;
b. Eight Mile Road facing West (Newburgh near
Greenmead) ;
c. Eight Mile Road facing East (Newburgh near
Greenmead) ;
d. Six Mile Road near Hubbard (Rotary Park) ;
e. Seven Mile Road near Wayne Road (Bicentennial
Park) ;
f. Plymouth Road at Noble Library near parking lot;
g. Five Mile Road on island in front of City Hall;
h. Seven Mile Road at Carl Sandburg Library;
i. Senior Citizens Center at Farmington Road and Five
Mile Road;
j . Senior Citizens Center at Plymouth Road and
Shelden Center; and
k. Sesquicentennial Park at Plymouth Road and Inkster
Road;
The Council does hereby refer this item to the Committee of
the Whole for its report and recommendation.
26911
On a motion by Taylor, seconded by Ochala, and unanimously
im adopted, it was
#205-92 RESOLVED, that having considered a letter from the
Vice President of the Livonia Anniversary Committee, Inc. ,
dated January 30 , 1992, wherein it is requested that the
following City streets be closed to traffic from 8 : 00 A.M. ,
June 22, 1992 through 12: 00 Noon, June 29, 1992 :
Stark Road from the Family Y, 14255 Stark to Lyndon and
Lyndon from Farmington Road to Stark Road
The Council does hereby concur in and grant this request in
the manner and form herein submitted.
On a motion by Feenstra, seconded by Jurcisin, and
unanimously adopted, it was
#206-92 RESOLVED, that having considered a communication
from the Livonia Anniversary Committee, Inc. , wherein a
request is submitted for the closing of certain City streets
to traffic from June 22, 1992 through June 29 , 1992 in
connection with the Livonia Anniversary Celebration, the
imi Council does hereby refer this item to the Committee of the
Whole for its report and recommendation.
On a motion by Jurcisin, seconded by McGee, it was
RESOLVED, that having considered a request from
the Michigan Liquor Control Commission and the report and
recommendation of the Chief of Police, dated February 11,
1992, regarding a request from Phar-Mor of Virginia, Inc.
for a new SDM license for a business to be located at 29659
Seven Mile Road, Livonia, Michigan 48152, Wayne County, 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: Kavanagh, McGee, and Jurcisin.
NAYS: Taylor, Ochala, Feenstra, and Toy.
The President declared the resolution failed.
26912
On a motion by Taylor, seconded by Feenstra, it was
#207-92 RESOLVED, that having considered a request from
the Michigan Liquor Control Commission and the report and
recommendation of the Chief of Police, dated February 11,
1992, regarding a request from Phar-Mor of Virginia, Inc.
for a new SDM license for a business to be located at 29659
Seven Mile Road, Livonia, Michigan 48152, Wayne County, the
Council does hereby recommend denial of this request
inasmuch as the same is not in compliance with applicable
City ordinances; and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan
Liquor Control Commission.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: Taylor, Ochala, Feenstra, and Toy.
NAYS: Kavanagh, McGee, and Jurcisin.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Taylor, and unanimously
im adopted, it was
#208-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 11,
1992, which bears the signature of the Finance Director and
is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of Macomb Contracting
Corporation, 18025 Fifteen Mile Road, Fraser, MI 48025, for
the Beitz drain inlet structure modifications for the
estimated total cost of $24, 588. 50 based upon the
Engineering Department' s estimate of units involved, and
subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted
herein, said estimated cost and unit prices having been in
fact the lowest bid received for this item; FURTHER, in the
event the aforesaid low bidder is unable to perform, the
Council accepts the second low bid of Sheridan Construction,
for the estimated total cost of $26 , 550 . 00, and the Council
does hereby appropriate and authorize the expenditure of a
sum not to exceed $24, 588 . 50 from surplus county drain funds
recently returned to the City from various Livonia drain
projects for this purpose; and the City Engineer is hereby
authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby
2691 3
authorized to execute a contract for and on behalf of the
City of Livonia with the aforesaid bidder and to do all
im other things necessary or incidental to the full performance
of this resolution.
On a motion by Feenstra, seconded by Jurcisin, it was
#209-92 RESOLVED, that the Council does hereby rescind and
repeal Council Resolution 143-92, adopted on February 24,
1992, which denied the request from Jamal S. Garmo, Nazar
Garmo and Manal Garmo, stockholders Li Star Hotel 2, Inc. ,
for transfer of ownership of 1991 B-Hotel licensed business
with dance-entertainment permit, Sunday sales, and 140
rooms, from Livonia Inns, Inc. , and one additional bar
( field request) for a business located at 30375 Plymouth
Road, Livonia, MI 48150, Wayne County; and the City Clerk is
hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission.
A roll call vote was taken on the foregoing resolution with the
following result:
1406 . AYES: Kavanagh, McGee, Jurcisin, Taylor, and Feenstra.
NAYS: Ochala and Toy.
The President declared the resolution adopted.
On a motion by Feenstra, and seconded by Jurcisin, it was
#210-92 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated November 26 , 1991 ,
and the report and recommendation of the Chief of Police,
dated January 20, 1992 , the Council does hereby approve the
request from Jamal S. Garmo, Nazar Garmo and Manal Garmo,
stockholders in Star Hotel 2 , Inc. , for transfer of
ownership of 1991 B-Hotel licensed business with
dance-entertainment permit, Sunday sales, and 140 rooms,
from Livonia Inns, Inc. , and one additional bar (field
request) for a business located at 30375 Plymouth Road,
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.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, and Feenstra.
NAYS: Ochala and Toy.
26914
The President declared the resolution adopted.
On a motion by Jurcisin, seconded by Feenstra, and
unanimously adopted, it was
#211-92 WHEREAS, pursuant to due and proper notice
published and mailed to all property owners in Special
Assessment District No. 359 for a proposed street
improvement consisting of a 28 ft. wide asphalt pavement
with mountable asphalt curbs (Alternate III ) on Wadsworth,
east of Stark Road in the Southeast 1/4 of Section 28 , in
the City of Livonia, Wayne County, Michigan, as required by
the provisions of the City Charter and Title 3 , Chapter 8 of
the Livonia Code of Ordinances , as amended, a public hearing
thereafter having been held thereon on February 19, 1992 at
the City Hall, 33000 Civic Center Drive, Livonia, Michigan,
and the City Council having duly met and reviewed the
special assessments levied on the special assessment roll as
prepared by the City Assessor to cover the district portion
of the cost of a street improvement to be constructed in
Special Assessment District No. 359 ; and
WHEREAS, the City Council has heard and carefully considered
all objections made to said assessments;
ime NOW, THEREFORE, BE IT RESOLVED, THAT:
( 1) The City Council does hereby determine that the
assessments set forth in said Special Assessment Roll
dated December 6 , 1991 , in the amount of $86 , 112 . 00 ,
are fair and equitable and based upon benefits to be
derived by construction of improvements proposed in
said district in accordance with the plans of the City
Engineer and resolutions of the City Council;
( 2) Said Special Assessment Roll No. 359 is hereby approved
and confirmed in all respects;
( 3 ) The amount of said roll shall be divided into fifteen
( 15) equal annual installments with interest at the
rate of eight ( 8%) percent per annum on the unpaid
balance of the assessment from December 1, 1992 . Said
interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in
anticipation of the collection of the unpaid
assessments on the said special assessment roll, said
rate of interest shall be not more than 1% above the
26915
average rate of interest borne by said bonds. In such
io cases where the installments will be less than Ten
Dollars ( $10 . 00 ) , the number of installments shall be
reduced so that each installment shall be above and as
near Ten Dollars ( $10 . 00 ) as possible. The first
installment shall be due and payable December 1, 1993
and subsequent installments on December 1st of
succeeding years;
( 4) Pursuant to the provisions of Section 3 . 08 . 130 of the
Livonia Code of Ordinances, as amended, the City Clerk
shall endorse the date of confirmation on the
assessment roll, and the said assessment roll shall
then be immediately transmitted to the City Treasurer
who shall then publish notice as is required by Section
3 . 08 . 190 of the Livonia Code of Ordinances, as amended,
and mail assessment statements to the respective
property owners assessed in the manner and substance as
provided by said Section 3 . 08 . 190 . Any property owner
assessed may pay the whole or any part of the
assessment without interest or penalty up to December
1, 1992;
( 5) The first installment shall be spread upon the 1993
City tax roll in the manner required by Section
to 3 . 08 . 210 of the Livonia Code of Ordinances, as amended,
together with interest upon all unpaid installments
from December 1, 1992 and thereafter one ( 1)
installment shall be spread upon each annual tax roll
together with one ( 1) year' s interest upon all unpaid
installments; provided, however, that when any annual
installment shall have been prepaid in the manner
provided in Title 3 , Chapter 8 of the Livonia Code of
Ordinances , as amended, either within the sixty ( 60 )
day period as provided by Section 3 . 08 . 200 , or after
the expiration of the sixty ( 60) day period as provided
by Section 3 . 08 . 220 then there shall be spread upon the
tax roll for such year only the interest for all unpaid
installments; and
( 6) The City Council does hereby determine to pay 15% of
the paving costs ( $15 ,196. 23 ) and 100% of drainage
costs ( $57, 500. 00) for a total amount of $72,696 . 23 .
On a motion by Jurcisin, seconded by Feenstra, and
unanimously adopted, it was
26916
#212-92 RESOLVED, that the Council does hereby refer to
the Streets, Roads and Plats Committee for its report and
recommendation the question of the installation of sidewalks
on Wadsworth, east of Stark Road in the Southeast 1/4 of
Section 28 .
On a motion by Jurcisin, seconded by Taylor, it was
#213-92 RESOLVED, that having considered a communication
from the City Planning Commission, dated November 27, 1991,
which sets forth its resolution 11-175-91 adopted on
November 19, 1991 with regard to Petition 91-9-1-18,
submitted by Michael Giordano for a change of zoning on
property located on the west side of Hubbell Avenue south
of Plymouth Road in the Northwest 1/4 of Section 35 , from
C-2 to RUF, and the Council having conducted a public
hearing with regard to this matter on February 19, 1992,
pursuant to Council Resolution 965-91, the Council does
hereby concur in the recommendation of the Planning
Commission and the said petition 91-9-1-18 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
tow an ordinance amending Ordinance 543 , as amended, in
accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, and Toy.
NAYS: Feenstra
The President declared the resolution adopted.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#214-92 RESOLVED, that the Council does hereby request
that the City Planning Commission, in accordance with
Section 23 . 01( a) , conduct a Public Hearing and thereafter
submit a report and recommendation with regard to the
question of whether certain property located on the east
side of Hubbell Avenue, south of Plymouth Road in the
Northwest 1/4 of Section 35 should be rezoned from C-2 to a
more appropriate zoning classification.
26917
On a motion by Jurcisin, seconded by Taylor, and unanimously
impadopted, it was
#215-92 RESOLVED, that having considered a communication
from the City Planning Commission, dated November 27, 1991,
which sets forth its resolution 11-176-91 adopted on
November 19, 1991 with regard to Petition 91-10-1-19,
submitted by the City Planning Commission, pursuant to
Council Resolution 672-91, for a change of zoning on
property located on the northeast corner of Bretton Avenue
and Middlebelt Road in the Southwest 1/4 of Section 1, from
OS to R-2, and the Council having conducted a public hearing
with regard to this matter on February 19 , 1992, pursuant to
Council Resolution 965-91, the Council does hereby refer
this item to the Committee of the Whole for its report and
recommendation.
On a motion by Feenstra, seconded by Taylor, it was
RESOLVED, that having considered a communication
from the City Planning Commission, dated December 27 , 1991,
which sets forth its resolution 12-192-91 adopted on
December 17, 1991, with regard to Petition 91-12-2-31
submitted by Narciso Ruano, Nobuko Mitchell and Timothy
Mitchell requesting waiver use approval to operate a limited
servi�c restaurant in an existing building located on Lhe
north side of Six Mile Road between Newburgh Road and
Fitzgerald Avenue in the Southwest 1/4 of Section 8, which
property is zoned C-2 , and the Council having conducted a
public hearing with regard to this matter on February 26 ,
1992, pursuant to Council Resolution 30-92 , the Council does
hereby reject the recommendation of the City Planning
Commission and said petition 91-12-2-31 is hereby approved
and granted, such approval to be based upon the condition
that the number of customer seats in the proposed restaurant
shall not exceed twenty ( 20 ) .
On a motion by Jurcisin, seconded by Ochala, it was
RESOLVED, that the Council does hereby determine,
in lieu of the foregoing resolution, to substitute the
following:
RESOLVED, that having considered a communication
from the City Planning Commission, dated December 27 , 1991,
which sets forth its resolution 12-192-91 adopted on
December 17 , 1991, with regard to Petition 91-12-2-31
submitted by Narciso Ruano, Nobuko Mitchell and Timothy
Mitchell requesting waiver use approval to operate a limited
service restaurant in an existing building located on the
north side of Six Mile Road between Newburgh Road and
26918
Fitzgerald Avenue in the Southwest 1/4 of Section 8, which
property is zoned C-2 , and the Council having conducted a
public hearing with regard to this matter on February 26 ,
1992 , pursuant to Council Resolution 30-92, the Council does
hereoy reject the recommendation of the City Planning
Commission and said petition 91-12-2-31 is hereby approved
and granted, such approval to be based upon the condition
that the number of customer seats in the proposed restaurant
shall not exceed twelve ( 12) .
A roll call vote was taken on the motion to substitute as follows:
AYES: Kavanagh, McGee, and Ochala.
NAYS: Jurcisin, Taylor, Feenstra, and Toy.
The President declared the resolution to substitute denied.
A roll call vote was taken on the original resolution with the
following result:
#216-92 RESOLVED, that having considered a communication
from the City Planning Commission, dated December 27, 1991,
which sets forth its resolution 12-192-91 adopted on
LO December 17, 1991, with regard to Petition 91-12-2-31
submitted by Narciso Ruano, Nobuko Mitchell and Timothy
Mitchell requesting waiver use approval to operate a limited
service restaurant in an existing building located on the
north side of Six Mile Road between Newburgh Road and
Fitzgerald Avenue in the Southwest 1/4 of Section 8, which
property is zoned C-2 , and the Council having conducted a
public hearing with regard to this matter on February 26 ,
1992, pursuant to Council Resolution 30-92, the Council does
hereby reject the recommendation of the City Planning
Commission and said petition 91-12-2-31 is hereby approved
and granted, such approval to be based upon the condition
that the number of customer seats in the proposed restaurant
shall not exceed twenty ( 20) .
AYES: Jurcisin, Taylor, Feenstra, and Toy.
NAYS: Kavanagh, McGee, and Ochala.
The President declared the resolution adopted.
On a motion by Taylor, seconded by Ochala, and unanimously
adopted, it was
26919
%217-92 RESOLVED, that the Council does hereby request
that the Inspection Department submit a report and
recommendation on the condition of the parking lot, as well
as with respect to the status of garbage and refuse in the
Laurel Commons Shopping Center, located on the north side of
Six Mile Road between Newburgh Road and Fitzgerald Avenue in
the Southwest 1/4 of Section 8 .
On a motion by Feenstra, seconded by Jurcisin, and
unanimously adopted, it was
#218-92 RESOLVED, that having considered a communication
from the City Planning Commission, dated December 26 , 1991,
which sets forth its resolution 12-190-91 adopted on
December 17 , 1991 with regard to Petition 91-11-1-21 ,
submitted by Paul Lay for Orfeo Corona and Aldo Liberatore
for a change of zoning on property located on the southwest
corner of Seven Mile Road and Maplewood Avenue in the
Northwest 1/4 of Section 12 , from OS to C-1 , and the Council
having conducted a public hearing with regard to this matter
on February 26 , 1992 pursuant to Council Resolution 31-92 ,
the Council does hereby concur in the recommendation of the
Planning Commission and the said petition 91-11-1-21 is
hereby denied for the same reasons as those set forth in the
irm action taken by the Planning Commission.
On a motion by Jurcisin, seconded by Taylor, and unanimously
adopted, it was
#219-92 RESOLVED, that having considered a communication
from the City Planning Commission, dated December 26 , 1991 ,
which sets forth its resolution 12-189-91 adopted on
December 17 , 1991 with regard to Petition 91-10-1-20 ,
submitted by the City Planning Commission on its own motion
for a change of zoning on property located on the south side
of Seven Mile Road between Myron and Whitby in the Northeast
1/4 of Section 9 from C-2 to C-1, and the Council having
conducted a public hearing with regard to this matter on
February 26 , 1992, pursuant to Council Resolution 31-92, the
Council does hereby concur in the recommendation of the
Planning Commission and the said petition 91-10-1-20 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.
tm
26920
On a motion by Jurcisin, seconded by Feenstra, and
unanimously adopted, it was
#220-92 WHEREAS, it is deemed advisable that this City
purchase ( 1) 9404-D10 AS/400 System Unit (Central Processing
Unit) 20 MB Memory, ( 2) 7861-016 Stand Along Modem, ( 1)
7855-01Z 9600 BPS Modem, ( 9 ) 3476-BA3 Displays - Amber in
color, ( 13 ) 3477-HA3 Displays - Amber in color with printer
ports, ( 1) 3477-HC3 Display - Color monitor with printer
port, ( 1 ) 4224-10Y Printer - Table Top, ( 1 ) 4224-10Z Printer
- Table Top, (7 ) 5299-003 Multiconnector Terminals, ( 1)
4120-001 Proprinter from International Business Machines
Corporation upon an Installment Purchase Contract and
Security Agreement in form annexed hereto as "Exhibit A" in
accordance with the following statement of transaction:
Statement of Transaction
Total Cash Purchase Price $84, 096 . 00 Unpaid Balance $84 ,096 . 00
Tax -0- Cash Down Payment -0-
Total $84, 096 . 00 Deferred Balance $84 , 096 . 00
Plus 5 . 40% per annum Simple Interest
LWHEREAS, the useful life of the Property covered by said
Installment Purchase Ccntract and Security Agreement is
estimated at five ( 5 ) years ; and
WHEREAS, it is deemed advisable that the City retire the
obligation of said Installment Purchase Contract and
Security Agreement by quarterly repayments of principal and
interest equal to $4, 835 . 12 each, commencing on May 28 , 1992
and on each 28th day of each quarter thereafter, until
February 28 , 1997 when the entire unpaid balance of
principal and interest shall be due and payable.
NOW, THEREFORE, be it resolved by the City of Livonia as
follows:
1. That this City purchase from International Business
Machines Corporation the following described Property:
( 1 ) 9404-D10 AS/400 System Unit (Central Processing Unit)
20 MB Memory
( 2 ) 7861-016 Stand Along Modem
( 1 ) 7855-01Z 9600 BPS Modem
( 9 ) 3476-BA3 Displays - Amber in color
( 13 ) 3477-HA3 Displays - Amber in color with printer ports
( 1 ) 3477-HC3 Display - Color monitor with printer port
Imp
26921
( 1) 4224-10Y Printer - Table Top
(1) 4224-10Z Printer - Table Top
(7) 5299-003 Multiconnector Terminals
(1) 4120-001 Proprinter
paying therefore the cash price of Eighty-four Thousand
Ninety-six and 00/100 Dollars ( $84,096.00) with a cash down
payment in the amount of Zero dollars and a deferred balance
of Eighty-four Thousand Ninety-six and 00/100 Dollars
( $84,096 . 00 ) payable in quarterly repayments of principal
and interest equal to $4,835 . 12 each, commencing on May 28,
1992 and on each 28th day of each quarter thereafter, until
February 28 , 1997 when the entire unpaid balance of
principal and interest shall be due and payable.
2. That the Mayor and the City Clerk of this City of
Livonia be and they are hereby authorized and directed
to execute said Installment Purchase Contract and
Security Agreement and financing statements covering
the Property covered by said Installment Purchase
Contract and Security Agreement and that upon execution
thereof and purchase and delivery of the
above-described Property, the same shall be delivered
to the above-named seller.
3 . That the Secretary of this City of Livonia be and is
hereby authorized and directed to deliver a certified
copy of this resolution to the above-named seller and
Aa. behalf of this City of Livonia.
On a motion by Taylor, seconded by Jurcisin, and unanimously
adopted, it was
#221-92 RESOLVED, that having considered the report and
recommendation of the City Librarian, dated February 21,
1992, approved by the Finance Director and approved for
submission by the Mayor, transmitting Library Commission
Resolution 2-92 which lists the donation of a book entitled
"Sikh Religion" and cash donations made by certain
individuals for the purchase of new books and audio compact
discs for the Civic Center Library and for children' s books
at the Carl Sandburg Branch, the Council does, for and on
behalf of the City of Livonia, accept the said donations and
authorizes the use of same for the purposes indicated;
FURTHER, the Council does, for and on behalf of the city of
Livonia, accept the donation of the gifts in the amount of
$9,305.00 from the Friends of the Library, as set forth in
Library Commission Resolution 3-92.
L
26922
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#222-92 RESOLVED, that having considered a communication
from Councilman Fernon P. Feenstra, dated March 3 , 1992, the
Council does hereby request that the City Treasurer, the
City Assessor, and the City Clerk submit their respective
reports and recommendations on the estimate of lost taxes,
if any, property sales - single business, by operating a
business from a home rather than from a commercial or
office-zoned building.
On a motion by Taylor, seconded by Jurcisin, and unanimously
adopted, it was
#223-92 RESOLVED, that the Council does hereby suspend
their rules for procedure as outlined in Council Resolution
574-82 so as to permit consideration of an item that did not
appear on the agenda.
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was
#224-92 RESOLVED, that having considered a communication
from the Director of Finance, dated March 10 , 1992 , approved
for submission by the Mayor, to which is attached a copy of
the 1990-91 draft of the financial report for the City of
Livonia, the Council does hereby refer this item to the
Finance and Insurance Committee for its report and
recommendation.
On a motion by Feenstra, seconded by Kavanagh, and
unanimously adopted, this 1, 220th Regular Meeting of the Council of
the City of Livonia was adjourned at 9 : 13 p.m. , March 11, 1992 .
' /f ! /
)(It (t'Oli/CVU
Joan McCotter, City Clerk