HomeMy WebLinkAboutCOUNCIL MINUTES 1991-07-24 26568
le MINUTES OF THE ONE THOUSAND, TWO HUNDRED AND FIFTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On July 24, 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 8.03 P.M. Councilman Ochala delivered the invocation.
Roll was called with the following result Present: Laura Toy, Robert
R Bishop, Gerald Taylor, Ron Ochala, Fernon P Feenstra and Joan McCotter, Absent
Dale Jurcisin (on vacation) .
Elected and appointed officials present Robert F. Nash, City Clerk,
Catherine Kerby White, Assistant City Attorney, H. Shane, Assistant Planning
Director, Gary Clark, Assistant City Engineer, Karen Szymula, Director of Legislative
Affairs, David Preston, Director of Finance, Ron Reinke, Superintendent of Parks
Iwo and Recreation, James Inglis, Director of Housing, Michael Deller, City Librarian
and Jeanne Treff, Cable TV.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted*, it was
#582-91 RESOLVED, that the minutes of the 1 ,204th Regular
Meeting of the Council of the City of Livonia, held July 10,
1991 are hereby approved.
*Councilman Bishop abstained from voting which is recorded as a "yes" vote under
the provisions of Section 2 04.1908 of the Livonia Code of Ordinances.
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted*, it was
L 1#583-91 RESOLVED, that the minutes of the 215th Special Meeting
of the Council of the City of Livonia, held July 22, 1991 are
hereby approved.
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lb. *CoWMcilmembers Toy, Ochala and McCotter abstained from voting which is recorded
as a "yes" vote under the provisions of Section 2 04.190B of the Livonia Code
of Ordinances.
At the direction of the Chair, Item No 4 regarding Renewal of the Weekly
Disability Service Contract with Corporate Group Systems, Inc was removed from
the Consent Agenda.
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
it was
#584-91 RESOLVED, that having considered an application from
Louise Bertrand, 15000 Flamingo, Livonia, Michigan, received
by the office of the City Clerk on July 10, 1991 , requesting
permission to close Flamingo between Hoy and Nye on Saturday,
August 10, 1991 , from 12:30 p m to 10:00 p.m. for the purpose
of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct
L th8 said affair VO AugUst 1l * lQ9l in the Sv8nt 0f inclSment
weather, the action taken herein being made subject to the
approval of the Police Department
#585-91 RESOLVED, that having considered the report and
recommendation of the Acting Chief of Police dated June 24,
1991 , to which is attached a Judgment of Forfeiture dated April
25, 1997 issued by the Honorable Richard C Kaufman, Judge
of the Circuit Court for the County of Wayne, wherein the
following described properties were forfeited to the City of
Livonia:
4928 Hayes, Wayne MI (residential property) 1707 Marlowe,
Canton Twp. , MI (residential property) Bldg. lot, Clare,
MI - Lot 81 - Oak Beach Subdivision, Sect. 12, T19N,
R4W, Hayes Twp.
the Council does, for and on behalf of the City of Livonia,
accept the foregoing properties; FURTHER, the Council requests,
in accordance with Council Resolution 300-88, that the Director
of Finance prepare specifications and obtain competitive bids
for the sale of the aforesaid properties, which bids, upon
being obtained, shall thereafter be submitted to the Council
ibm for its consideration.
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imiA communication from the Director of Finance, dated June 26, 1991 re
Greenmead Reports and Development Plan - C.R 293-91 was received and placed on
file for the information of the Council
#586-91 RESOLVED, that having considered a communication from
the Director of Finance, Director of Community Resources, and
the Chairman of the Historical Commission, dated June 26, 1991 ,
approved for submission by the Mayor, to which is attached
a report of the acquisition and development costs of Greenmead
for the period 1975 through May, 1991 , as well as a copy of
the most current development schedule for Greenmead, the Council
does hereby refer this item to the Committee of the Whole for
its consideration
#587-91 RESOLVED, that having considered the report and
recommendation of the Fire Chief dated July 2, 1991 , which
bears the signature of the Director of Finance and is approved
for submission by the Mayor, the Council does hereby accept
the bid of Halt Fire, Incorporated, 16855 Northville Road,
Northville, MI 48167, for supplying the Fire Department with
18,500 feet of hose, ten (10) nozzles and adapters, and one
hundred (100) gallons of foam, for a total price of $63,240.28,
the same having been in fact, the lowest bid received and meets
all specifications, FURTHER, the Council does hereby authorize
the purchase of ten (10) Norge refrigerators as replacements
at the five fire stations from Highland Super Stores, 909 Sheldon
Road, Plymouth, MI 48170, for a total price of $4,580.00, the
same having been in fact the lowest bid received and meets
all specifications
#588-91 RESOLVED, that having considered the report and
recommendation of the Planning Director dated July 3, 1991 ,
approved for submission by the Mayor, and to which is attached
a Holdharmless Contract between the City of Livonia and First
Step for the period August 1 , 1991 through July 31 , 1992, the
Council does hereby authorize the Mayor and City Clerk for
and on behalf of the City of Livonia to execute the proposed
Holdharmless Contract in the manner and form herein submitted,
as well as to do all other things necessary or incidental to
the full performance of this resolution
#589-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated July 10,
1991 , approved for submission by the Mayor, wherein it is
recommended that Council authorize the temporary use of the
area shown in the attached sketch for the period July 25, 1991 ,
im• through October 25, 1991 by Tony Angelo Cement Construction
Company as a temporary concrete batch plant subject to the
following conditions
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1 . Provide a Certificate of Insurance on all contractor
operations.
2. Hold harmless the City and its agents for wrongdoings
occurring on the site that are the direct result of
the contractor's occupancy
3. Grade and restore the site to its original condition
or better directly upon completion of activities
4. Secure the site as directed by the DPW.
5. Keep the premises dust free in accordance with the
permit issued by the Wayne County Health Department
Air Pollution Control Division.
6. Abide by all existing laws and regulations, both local
and State, pertaining to erosion, siltation and pollution
of water courses
7. Abide by all local ordinances
8. Pay a fee of $1 ,575.00 for the use of this site
the Council does hereby concur in and approve of such action.
#590-91 RESOLVED, that having considered a communication from
the City Planning Commission dated October 8, 1990, which
transmits its resolution 10-463-90, adopted on October 2, 1990,
with regard to a Sign Permit Application by Huron Sign Co.
on behalf of Famous Footwear for an exterior wall sign at the
Wonderland Shopping Mall , the Council does hereby concur in
the recommendation of the Planning Commission and approve the
said sign plan, subject to compliance with the same condition
set forth in the aforesaid action of the Planning Commission.
#591-91 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 25, 1991 ,
approved for submission by the Mayor, the Council does hereby
authorize the release to Angelo Di Ponio Enterprises, 33966
West Eight Mile Road, Suite 102, Farmington Hills, MI 48335,
the proprietor of Willow Woods Subdivision, located in the
S W. 1/4 of Section 5, of the financial assurances previously
deposited with respect to the General Improvement Bond in the
amount of $314,000 00 ($10,000 00 minimum cash) , the Sidewalk
Bond in the amount of $66,000 00 ($2,000.00 minimum cash) ,
the Soil Erosion Bond in the amount of $8,100 00 ($2,000.00
minimum cash) , the Entrance Marker - Landscaping Bond in the
amount of $5,000.00 ($1 ,000 00 minimum cash) , and the
Monument-Marker Bond in the amount of $2,150.00 cash, pursuant
to Council Resolution 942-87 adopted on September 30, 1987,
and subsequently amended in Council Resolution 109-88, FURTHER,
all other financial assurances now on deposit with the City,
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if any, with respect to this subdivision shall remain the same
and unchanged; and the action herein being taken is for the
reasons indicated in the aforementioned report of the City
Engineer that all these improvements have been satisfactorily
installed in accordance with the rules and regulations and
ordinances of the City of Livonia
1592-91 RESOLVED, that having considered a communication from
the City Engineer dated July 5, 1991 , approved for submission
by the Mayor with regard to the installation of a sidewalk
on the south side of Six Mile Road between Quakertown Lane
and the 1-275 bike path, the Council does hereby refer this
item to the Streets, Roads and Plats Committee for its report
and recommendation.
#593-91 RESOLVED, that having considered the report and
recommendation of the City Engineer dated July 9, 1991 , which
bears the signature of the Finance Director, is approved by
the Director of Community Resources and is approved for
submission by the Mayor, the Council does hereby accept the
bid of Richters Contracting, 37140 Pocahontas, Mt. Clemens,
MI 48043, for the Bungalow Restoration - Phase II , for a total
price of $56,000.00, the same having been in fact the lowest
bid received for this item, FURTHER, the Council does hereby
appropriate and authorize the expenditure of the sum of
$29,000.00 from the Post Office Funds (Account 702-000-285-135)
and the sum of $27,000.00 from the Historical Commission Trust
Fund (Account 723-000-976-000) for this purpose, and the City
Engineer is hereby authorized to approve minor adjustments
in the work as completed, 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.
#594-91 RESOLVED, that having considered the report and
recommendation of the City Engineer dated July 9, 1991 , which
bears the signature of the Director of Finance and is approved
for submission by the Mayor and to which is attached the report
and recommendation of the Public Utility Manager, Director
of Public Works and the Chairman of the Water and Sewer Board
dated June 28, 1991 , wherein it is requested that a change
order be authorized to Contract 4 with respect to Permanent
Flow Monitors so as to increase the amount previously authorized
in Council Resolution 170-91 from $146,600.00 to $188,800 00,
the Council does hereby approve and authorize the said increase
in the manner and form herein requested, as well as to authorize
the appropriation of the additional sum of $42,200.00 from
the Sewer Fund Expended Fund Balance for this purpose.
#595-91 RESOLVED, that having considered the report and
recommendation of the Planning Director and the Director of
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Community Resources dated July 1 , 1991 , approved by the Finance
Director and approved for submission by the Mayor, and to which
is attached a Greenmead sign plan and a request for authorization
to solicit bids for the fabrication of signs in connection
with the said plan, the Council does hereby refer this item
to the Capital Improvement Committee for its report and
recommendation.
#596-91 RESOLVED, that having considered a communication from
the Director of Community Resources and Director of Public
Works dated July 3, 1991 , approved by the City Attorney and
the Finance Director, and approved for submission by the Mayor,
to which is attached a proposed contract for caretaking services
at the Historical Village at Greenmead between the City of
Livonia and Gregg Mabey, the term of which is August 18, 1991
through August 17, 1992, the Council does hereby approve and
authorize the Mayor and City Clerk, for and on behalf of the
City of Livonia, to execute the contract as well as to do all
other things necessary for the performance of this resolution.
#597-91 RESOLVED, that having considered the report and
recommendation of the Department of Law dated June 20, 1991 ,
approved by the Chief of Police and approved for submission
by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept certain property located at 28571 Clarita,
Livonia, Michigan, which was awarded to the Livonia Police
Department in a Consent Judgment of Forfeiture and Administrative
Judgment of Forfeiture entered by the Honorable Richard C.
Kaufman, Judge of the Wayne County Circuit Court, on March
11 , 1991 , FURTHER, the Council does hereby appropriate and
authorize the expenditure from the Adjudicated Drug Fund of
the sum of $32,825.36, plus accrued interest, as may be required
to make full and complete payment on this property with respect
to an existing land contract; FURTHER, the Council requests,
in accordance with Council Resolution 300-88, that the Director
of Finance prepare specifications and obtain competitive bids
for the sale of the aforesaid property, which bids, upon being
obtained, shall thereafter be submitted to the Council for
its consideration.
#598-91 RESOLVED, that having considered a letter from the
Michigan Municipal League dated July 5, 1991 , with regard to
the 93rd Annual Convention of the League to be held at the
Amway Grand Hotel and Grand Center in Grand Rapids , Michigan,
October 2 through October 4, 1991 , the Council does hereby
designate Mayor Robert D Bennett as the Official Representative
and Voting Delegate of the City of Livonia at the Annual Meeting
and does further designate Councilman Fernon P Feenstra or
his designee as alternate, and the City Clerk is hereby
requested to do all things necessary or incidental to the full
performance of this resolution.
26574
LA roll call vote was taken on the foregoing resolutionswith the following result•
AYES• Ochala, Feenstra, Toy, Bishop, Taylor and McCotter.
NAYS None
On a motion by Councilman Feenstra, seconded by Councilman Bishop,
and unanimously adopted, it was
#599-91 RESOLVED, that having considered the report and
recommendation of the Director of Finance dated July 5, 1991 ,
approved for submission by the Mayor, to which is attached
a communication from Perry & Drummy, Inc. , 32233 Schoolcraft,
Suite 104, Livonia, Michigan 48150, dated June 14, 1991 , the
Council does hereby authorize a two-year extension of the current
agreement between the City of Livonia and Corporate Group
Systems, Inc. , 29500 West Five Mile Road, P.0 Box 5715, Livonia,
Michigan 48150-5715, wherein Corporate Group Systems would
be the third party administrator of the City' s Self-Insuring
Short Term Disability Program at a cost of $1 50 per month
per eligible employee.
On a motion by Councilman Feenstra, seconded by Councilman Taylor,
and unanimously adopted, it was
#600-91 RESOLVED, that having considered the report and
recommendation of the Director of Finance dated July 5, 1991 ,
approved for submission by the Mayor, to which is attached
a communication from Perry & Drummy, Inc , 32233 Schoolcraft,
Suite 104, Livonia, Michigan 48150, dated June 14, 1991 , the
Council does hereby refer this item to the Finance and Insurance
Committee for its report and recommendation
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
#601-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated July
15, 1991 , submitted pursuant to Council Resolution 433-79,
in connection with a communication from the Superintendent
of Parks and Recreation, dated April 19, 1979, approved for
submission by the Mayor, and to which is attached a five year
ibe priority list of maintenance and improvement items recommended
by the Parks and Recreation Commission, which if implemented,
would permit the year round use of the City' s two ice arenas,
the Council does hereby determine to take no further action.
26575
Iwo On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
#602-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated July
15, 1991 , submitted pursuant to Council Resolution 664-85,
in connection with the report and recommendation of the Committee
of the Whole, dated July 22, 1985, submitted pursuant to Council
Resolution 1069-84, in connection with the subject of the
employment of a library consultant for the construction of
the proposed new Civic Center Library, the Council does hereby
determine to take no further action
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
#603-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated July
15, 1991 , submitted pursuant to Council Resolution 671-85,
in connection with a communication from the City Librarian,
dated July 12, 1985, approved for submission by the Mayor,
which submits the Library Building Program for the proposed
Main Library which details the function and relationships of
the various areas within the Main Library, the Council does
hereby determine to take no further action.
The Capital Improvement Program 1987-1992 (CR 906-86) was received and
placed on file for the information of the Council .
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
#604-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated July
15, 1991 , submitted pursuant to Council Resolution 1208-86,
in connection with a communication from the Mayor, dated December
3, 1986, to which is attached a report and recommendation from
the Director of Public Works with regard to the proposed
construction of a casual park to be located at the Southwest
corner of Plymouth and Inkster Roads, the Council does hereby
determine to take no further action
On a motion by Councilman Taylor, seconded by Councilman Bishop,
26576
limand unanimously adopted, it was
#605-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated July
15, 1991 , submitted pursuant to Council Resolution 501-87,
in connection with a letter from the Livonia Sesquicentennial
Committee, dated May 15, 1987, wherein it is proposed that
the City Park located at Inkster and Plymouth be named Livonia
Sesquicentennial Park and that the Sesquicentennial logo be
incorporated into the park sign, the Council does hereby
determine to take no further action.
The Capital Improvement Program 1988-1993 (CR 903-87) was received and
placed on file for the information of the Council
The Capital Improvement Program 1989-1994 (CR 871-88) was received and
placed on file for the information of the Council .
The Capital Improvement Program 1990-1995 (CR 863-89) was received and
placed on file for the information of the Council .
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
#606-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated July
15, 1991 , submitted pursuant to Council Resolution 1107-89,
with regard to Newburgh Village, the proposed 120 unit Senior
Citizen Housing development on certain City-Owned land located
on the West side of Newburgh Road between Amrhein Road and
Plymouth Road, and having also considered a report and
recommendation from the Housing Director dated July 12, 1991 ,
and approved for submission by the Mayor, the Council does
hereby approve the Newburgh Village Permanent Sign as
recommended, consisting of a two-sided masonry sign with letters
as recommended by Architects, but located in center of front,
requiring moving two (2) parking spaces, and with a conduit
to be installed for possible lighting of sign, at a total
estimated cost of $7,000 00.
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
26577
#607-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated July
15, 1991 , submitted pursuant to Council Resolution 1107-89,
with regard to Newburgh Village, the proposed 120 unit Senior
Citizen Housing development on certain City-Owned land located
on the West side of Newburgh Road between Amrhein Road and
Plymouth Road, and having also considered a report and
recommendation from the Housing Director dated July 12, 1991 ,
and approved for submission by the Mayor, the Council does
hereby approve the Newburgh Village Postal Facilities as
recommended, consisting of masonry structures with shingled
roofs to be installed at six (6) locations, at a total estimated
cost of $25,000.00.
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
#608-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated July
15, 1991 , submitted pursuant to Council Resolution 1107-89,
with regard to Newburgh Village, the proposed 120 unit Senior
Citizen Housing development on certain City-Owned land located
on the West side of Newburgh Road between Amrhein Road and
Plymouth Road, and having also considered a report and
recommendation from the Housing Director dated July 12, 1991 ,
and approved for submission by the Mayor, the Council does
hereby approve the Newburgh Village Community Building Furniture
as recommended, consisting of twelve (12) 60" round tables,
four (4) 36" x 72" banquet tables, one hundred twenty (120)
stacking chairs with cart, four (4) casual chairs and two (2)
end tables, with colors to match floor and carpet, at a total
estimated cost of $17,730 00.
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
#609-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated July
15, 1991 , submitted pursuant to Council Resolution 1107-89,
with regard to Newburgh Village, the proposed 120 unit Senior
Citizen Housing development on certain City-Owned land located
on the West side of Newburgh Road between Amrhein Road and
Plymouth Road, and having also considered a report and
recommendation from the Housing Director dated July 12, 1991 ,
and approved for submission by the Mayor, the Council does
hereby approve the Newburgh Village Office Equipment as
recommended, consisting of one (1 ) 6' desk with chair, two
(2) office chairs, two (2) lateral file cabinets, but without
typewriter or copier, at a total estimated cost of $5,000 00.
iw. On a motion by Councilman Taylor, seconded by Councilman Feenstra,
and unanimously adopted, it was
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1610-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated July
15, 1991 , submitted pursuant to Council Resolution 1107-89,
with regard to Newburgh Village, the proposed 120 unit Senior
Citizen Housing development on certain City-Owned land located
on the West side of Newburgh Road between Amrhein Road and
Plymouth Road, and having also considered a report and
recommendation from the Housing Director dated July 12, 1991 ,
and approved for submission by the Mayor, the Council does
hereby approve the Newburgh Village Lawn-Ground Furnishings
as recommended, consisting of eleven (11 ) 8' picnic tables,
fifteen (15) redwood benches and one (1 ) flagpole but without
barbecue grills, at a total estimated cost of $15,000.00.
On a motion by Councilman Taylor, seconded by Councilman Feenstra,
and unanimously adopted, it was
#611-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated July
15, 1991 , submitted pursuant to Council Resolution 1107-89,
with regard to Newburgh Village, the proposed 120 unit Senior
Citizen Housing development on certain City-Owned land located
on the West side of Newburgh Road between Amrhein Road and
Plymouth Road, and having also considered a report and
11.0 recommendation from the Housing Director dated July 12, 1991 ,
and approved for submission by the Mayor, the Council does
hereby approve the Newburgh Village Identification Addresses
as recommended, consisting of limestone address bricks with
dark letters, at a total estimated cost of $10,285.00.
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
#612-91 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee dated July
15, 1991 , submitted pursuant to Council Resolution 454-90,
in connection with a communication from the City Librarian,
dated March 14, 1990, approved by the Finance Director and
approved for submission by the Mayor, and which transmits a
resolution adopted by the Library Commission wherein permission
is requested to solicit bids for the external lettering of
the Civic Center Library, the Council does hereby approve the
installation of external lettering on the South and East sides
of the Civic Center Library using 16" high capital letters
and 14" and 12" high lower case letters and a garamond typeface
in baked enamel on aluminum, FURTHER, the Council does hereby
accept the proposal of Volk Corporation in the amount of
$5,210.50 to install the said lettering, 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, FURTHER, the Council does hereby waive permit fees
in connection with this matter.
26579
Imo Councilman Feenstra took from the table, for second reading and adoption,
the following Ordinance•
AN ORDINANCE AMENDING SECTION 13 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 (Petitions 90-1-1-3,
90-8-1-17 and 90-8-1-18)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES: Ochala, Feenstra, Toy and Taylor
NAYS: Bishop and McCotter.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 120 OF
TITLE 2, CHAPTER 04 (RULES OF THE COUNCIL)
OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED (CR 505-91 )
A roll call vote was taken on the foregoing Ordinance with the following result•
AYES: Ochala, Feenstra, Toy, Bishop, Taylor and McCotter.
NAYS None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Ochala took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 060, OF
TITLE 16, CHAPTER 32 (LOT PARTITION)
OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED. (CR 506-91 )
A roll call vote was taken on the foregoing Ordinance with the following result
AYES• Ochala, Feenstra, Toy, Bishop, Taylor and McCotter
NAYS• None
26580
LThe President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 23 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
91-2-1-3)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Ochala, Feenstra, Toy, Bishop, Taylor and McCotter.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
Leffective on publication.
Councilman Taylor gave first reading to the following Ordinance.
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition
91-3-3-1 )
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.
Councilman Ochala gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition
91-3-3-2)
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
26581
Iwo Councilman Taylor gave first reading to the following Ordinance•
AN ORDINANCE AMENDING SECTION 23 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
91-4-1-8)
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 Feenstra, seconded by Councilman Ochala,
and unanimously adopted, it was
#613-91 RESOLVED, that having considered a communication from
the City Assessor, dated June 17, 1991 , approved for submission
lipby the Mayor, with regard to a request from Joseph Durso, 35345
Seven Mile Road, Livonia, Michigan 48152, 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 refer the proposed division of Tax item No 46 134 02
1596 003 into three parcels to the Committee of the Whole for
its report and recommendation.
On a motion by Councilman Ochala, seconded by Councilman Feenstra,
it was
RESOLVED, that having considered a communication from
the City Assessor, dated June 26, 1991 , approved for submission
by the Mayor, with regard to a request from Mr Ronald Borkowski ,
P 0 Box 52232, Livonia, Michigan 48152, 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 refer the subject of the proposed division
of Tax item No 46 046 99 0113 000 into two parcels to the
Committee of the Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result
AYES Ochala, Feenstra and Toy
NAYS• Bishop, Taylor and McCotter
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The President declared the resolution denied.
On a motion by Councilman Bishop, seconded by Councilman Taylor,
it was
RESOLVED, that having considered a communication from
the City Assessor, dated June 26, 1991 , approved for submission
by the Mayor, with regard to a request from Mr. Ronald Borkowski ,
P 0. Box 52232, Livonia, Michigan 48152, 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. 46 046 99 0113 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. Bishop, Taylor and McCotter.
NAYS. Ochala, Feenstra and Toy
The President declared the resolution denied.
By direction of the Chair, this item was held over to the next Council Regular
Meeting scheduled for August 19, 1991
On a motion by Councilman Taylor, seconded by Councilman Ochala,
and unanimously adopted, it was
#614-91 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation
dated June 21 , 1991 , approved for submission by the Finance
Director and the Mayor, wherein it is indicated that the
Bicentennial Park Ball Diamond Project has been approved by
the State of Michigan at a total project cost estimated to
be $271 ,400 00, of which the State of Michigan will reimburse
the City of Livonia 75% of the project cost to a maximum of
$203,300, the Council does hereby determine as follows:
1 . To appropriate and authorize an expenditure of a sum
not to exceed $271 ,400.00 from the Unexpended Fund
Balance Account for this project with the understanding
that a sum not to exceed $203,300 00 will be reimbursed
to said fund by the State of Michigan from grant monies
allocated for this project,
26583
2. To accept a grant, for and on behalf of the City of
Livonia, from the State of Michigan for this project
in a maximum amount of $203,300.00,
3. To approve project documentation and contracts documented
by the State of Michigan in the manner and form herein
attached, and
4. To authorize the preparation of specifications and
thereafter the taking of competitive bids and proposals
for this project in accordance with provisions of law
and City Ordinance.
On a motion by Councilman Ochala, seconded by Councilman Taylor,
and unanimously adopted, it was
#615-91 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation
dated June 21 , 1991 , approved for submission by the Finance
Director and the Mayor, wherein it is indicated that the
Bicentennial Park Ball Diamond Project has been approved by
the State of Michigan at a total project cost estimated to
be $271 ,400.00, of which the State of Michigan will reimburse
the City of Livonia 75% of the project cost to a maximum of
$203,300, the Council does hereby refer this item to the Capital
Improvement Committee for informational purposes
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
#616-91 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission dated May 14, 1991 , and
the report and recommendation of the Chief of Police, dated
June 20, 1991 , the Council does hereby approve of the request
from Livonia Inns, Inc. to transfer ownership of 1990 B-Hotel
Licensed Business with Sunday Sales and Dance-Entertainment
Permit from Holiday Inns, Inc. , 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
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
26584
#617-91 RESOLVED, that having considered the report and
recommendation of the Director of Finance dated July 10, 1991 ,
approved for submission by the Mayor, the Council does hereby
accept the following low bids which meet specifications with
respect to the following items:
1 . The bid of Sun Data, Inc. , 1300 Oakbrook Drive, Norcross,
Georgia 30093, for a System 38 upgrade for a total
price of $23,983.00; and
2. The bid of Pure Power Products, Inc. , 24037 Acacia
- Suite 200, Redford, Michigan 48239, for an
Uninterrupted Power Source for a total price of
$25,584.00.
On a motion by Councilman Feenstra, seconded by Councilman Taylor,
and unanimously adopted, it was
1618-91 RESOLVED, that having considered the report and
recommendation of the Finance Director dated July 10, 1991 ,
approved for submission by the Mayor, the Council does hereby
designate and approve the following institutions as General
Depositories (including authorization for the purchase of C.D. ' s)
as well as collecting agents for taxes and water bills:
Comerica Incorporated
First of America Bank-Southeast Michigan, NA
First of America Bank-Plymouth, NA
First Federal Michigan Corporation
Manufacturers National Bank
Michigan National Bank
Midwest Guaranty Bank
National Bank of Detroit
Standard Federal Bank
FURTHER, the Council does hereby designate and approve the
following institutions as collecting agents for water bills.
Detroit Savings Bank
Heritage Bankcorp
Livonia Community Credit Union
Merriman Drugs
On a motion by Councilman Feenstra, seconded by Councilman Bishop,
L it was
#619-91 RESOLVED, that having considered a communication from
the City Planning Commission dated July 10, 1991 , which transmits
265C5
its resolution 7-109-91 , adopted on July 9, 1991 , with regard
to Petition 91-3-2-10 submitted by Kok Va Chhan requesting
waiver use approval to operate a donut shop with customer seating
in an existing building located on the southwest corner of
Six Mile and Middlebelt Roads in the Northeast 1/4 of Section
14, which property is zoned C-2, the Council does hereby reject
the recommendation of the Planning Commission and Petition
91-3-2-10 is hereby denied for the following reasons
1 . That the petitioner has failed to affirmatively show
that the proposed use is in compliance with all of
the general waiver use standards and requirements as
set forth in Section 19.06 of the Zoning Ordinance
543.
2 That the layout of the proposed use, the traffic moving
to and from the site and the parking conflict with
the adjacent uses in the area are such that the proposed
use will be detrimental to the surrounding uses in
the area.
3. That there is no demonstrated need for a facility such
as is being proposed in this general area of the City.
lift A roll call vote was taken on the foregoing resolution with the following result:
AYES: Ochala, Feenstra, Toy, Bishop and Taylor
NAYS: McCotter.
The President declared the resolution adopted
On a motion by Councilman Bishop, seconded by Councilman Feenstra,
it was
#620-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 10, 1991 , which
transmits its resolution 7-115-91 adopted on July 9, 1991 ,
with regard to Petition 91-6-8-12 submitted by Michigan National
Corp. , requesting site plan approval in connection with a
proposal to renovate the parapet screen on an existing building
on the south side of Plymouth Road in Section 35, pursuant
to the provisions set forth in Section 18.47 of Ordinance No.
543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 91-6-8-12
is hereby approved and granted, such approval to be based upon
the same conditions as those set forth in the aforesaid
10 recommendation of the Planning Commission, FURTHER, the Council
does hereby refer the landscaping plan to the Planning Department
for a report and recommendation to be submitted to the Council
prior to its next regular meeting on August 19, 1991 .
26586
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Feenstra, Toy, Bishop, Taylor and McCotter
NAYS: Ochala.
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#621-91 RESOLVED, that having considered a communication dated
July 15, 1991 , from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly
described as
Grant of Easement dated July 1 , 1991 , executed by Aronne
J. Goldkette and Carrie A Goldkette, his wife, to the
City of Livonia, for
The North 12 feet of the South 183 feet of the following
described parcel
The West 65 ft. of the N W 1/4 of the S.E 1/4 of the
N.E. 1/4 of the N.W. 1/4 of Section 12, T. 1S. , R 9E. ,
City of Livonia, Wayne County, Michigan, except the South
30 feet thereof.
Parcel No. 046-99-0061-000
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Grant of Easement and the City
Clerk is hereby requested to have the same recorded in the
Office of the Register of Deeds and to do all other things
necessary or incidental to fulfill the purpose of this
resolution
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
#622-91 RESOLVED, that having considered a communication dated
July 12, 1991 , from the Department of Law transmitting for
Council acceptance eight Grants of Easement, more particularly
described as
1 . Grant of Easement dated April 24, 1991 , executed by
Brett C. Kilpatrick and Tamara G Kilpatrick, his wife,
to the City of Livonia, for
26587
� The East 12 feet, and also the South 12 feet of the
West 94 feet of the East 106 feet of the following
described parcels
The North 50.0 ft, of the South 210 0 ft. of the N.
3/4 of the W. 1/2 of the W. 1/2 of the N.E. 1/4 of
the N.W. 1/4 of Section 12, T. lS, , R. 9E. , City of
Livonia, Wayne County, Michigan, except the West 30,0
feet thereof.
Parcel No. 046-99-0025-000
2. Grant of Easement dated April 12, 1991 , executed by
Jerold B. McDonald and Elizabeth A McDonald, his wife,
to the City of Livonia, for:
The East 12 feet of the following described parcel :
The North 50.0 ft. of the South 260 0 ft. of the N.
3/4 of the W. 1/2 of the W. 1/2 of the N.E. 1/4 of
the N.W 1/4 of Section 12, T. l5, , R. 9E. , City of
Livonia, Wayne County, Michigan, except the West 30,0
feet thereof.
Parcel No. 046-99-0028-000
3. Grant of Easement dated March 28, 1991 , executed by
Bette J Jones, to the City of Livonia, fore
The East 12 feet of the following described parcel .
The North 50,0 ft. of the South 310.0 ft. of the N.
3/4 of the W. 1/2 of the W. 1/2 of the N.E. 1/4 of
the N.W. 1/4 of Section 12, T. lS. , R. 9E. , City of
Livonia, Wayne County, Michigan, except the West 30.0
feet thereof.
Parcel No. 046-99-0027-000
4. Grant of Easement dated March 24, 1991 , executed by
Paul Allen, a single man, to the City of Livonia, for:
The East 12 feet of the following described parcel :
The North 75 ft. of the South 385'0 ft. of the N.
3/4 of the W. 1/2 of the W 1/2 of the N E 1/4 of
the N N. 1/4 of Section 12, T. 15 , R 9E. , City of
Livonia, Wayne County, Michigan, except the West 30.0
feet thereof
L Parcel No. 046-99-0028-000
26588
5. Grant of Easement dated April 8, 1991 , executed by
Thomas W. Brown and Mary E Brown, his wife, to the
City of Livonia for-
The East 12 feet of the following described parcel :
The North 75.0 ft. of the South 460.0 ft. of the N.
3/4 of the W. 1/2 of the W. 1/2 of the N.E. 1/4 of
the N W 1/4 of Section 12, T 1S. , R 9E , City of
Livonia, Wayne County, Michigan, except the West 30.0
feet thereof
Parcel No. 046-99-0029-000
6. Grant of Easement dated March 28, 1991 , executed by
Dianne E. Secen, to the City of Livonia for
The East 6 feet of the South 183 feet of the following
described parcel -
The West 1/2 of the E 1/2 of the N E. 1/4 of the S.W.
1/4 of the N.E. 1/4 of the N W 1/4 of Section 12,
T. 1S. , R. 9E. , City of Livonia, Wayne County, Michigan
Parcel No. 046-99-0062-001
7. Grant of Easement dated June 12, 1991 , executed by
James R Curtis and Susan J Curtis, his wife, to the
City of Livonia for-
The West 6 feet of the South 183 feet, and also the
North 12 feet of the South 183 feet, of the following
described parcel
The East 1/2 of the E. 1/2 of the N.E. 1/4 of the S.W
1/4 of the N.E 1/4 of the N W. 1/4 of Section 12,
T. 1S. , R. 9E , City of Livonia, Wayne County, Michigan.
Parcel No. 046-99-0062-002
8. Grant of Easement dated April 23, 1991 , executed by
United Homes, Inc. , a Michigan Corporation, to the
City of Livonia for.
The West 12 feet of the South 142 feet of the following
described parcel
The West 68 0 ft of the W. 1/2 of the N.E. 1/4 of
the S W 1/4 of the N E. 1/4 of the N W. 1/4 of Section
12, T 1S , R 9E , City of Livonia, Wayne County,
Michigan, except the S 30.0 feet thereof.
26589
Parcel No 046-99-0063-001
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid 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.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#623-91 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
appear on the agenda
On a motion by Councilwoman Toy, seconded by Councilman Ochala,
and unanimously adopted, it was
low #624-91 RESOLVED, that having considered a communication from
the Department of Law, dated July 19, 1991 , approved by the
City Engineer and Finance Director and approved for submission
by the Mayor, the Council does hereby authorize the Department
of Law to acquire a sewer easement for the sum of $8,000 from
Estelle C. Wagenschutz on property located at 36140 Six Mile
Road, Livonia, Michigan, described as follows
The South 20 feet of the following described parcel :
Outlot A of Denmar Estates Subdivision, T. 1 S. , R 9
E. , City of Livonia, Wayne County, Michigan, as recorded
in Liber 87, Pages 40, 41 and 42 of Wayne County Records.
(Tax Parcel 032-01-0278-000)
BE IT FURTHER RESOLVED, that a sum not to exceed $8,000.00
is hereby authorized to be expended from the Unexpended Fund
Balance of the Sewer Fund, pursuant to Council Resolution 179-90,
for the acquisition of the said easement, and the City Clerk
is hereby requested to do all things necessary or incidental
to the full performance of this resolution
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
Iwoand unanimously adopted, it was
26590
1625-91 WHEREAS, the Council in conformity with Act No. 338,
L
Public Acts of Michigan, 1974, as amended ("Act No. 338") ,
and the Internal Revenue Code of 1954, as amended (the "Code"),
on June 20, 1984 approved a project plan (the "Project Plan")'
providing all information and requirements necessary for a
project undertaken for the benefit of Action Distributing
Company, Inc. (the "Project"), which included the issuance
of a bond by the Corporation entitled $3,500,000 The Economic
Development Corporation of the City of Livonia, Michigan Limited
Obligation Revenue Bond (Action Distributing Company, Inc.
Project) Series A, dated as of July 1 , 1984 (the "Bond") , and
WHEREAS, Manufacturers National Bank of Detroit as
sole bondholder and trustee (the "Trustee") and Action
Distributing Company, Inc. as obligor (the "Obligor") have
agreed to decrease the interest rate of the Bond as shown in
the Project Plan, and
WHEREAS, the Corporation in conformity with Act No.
338 has prepared and submitted an Amendment to Project Plan
which provides for a decrease in the interest rate on the Bond,
and
WHEREAS, in conformity with Act No. 338 and the Code
the Council has conducted a public hearing on the Amendment
to Project Plan and adjustment in the interest rate on the
Bond;
NOW, THEREFORE, BE IT RESOLVED
1 . The Amendment to Project Plan, as submitted and
approved by The Economic Development Corporation of the City
of Livonia, meets the requirements set forth in Section 8 of
Act 338, and is hereby approved.
2. The proposed adjustment of the interest rate on
the Bonds is feasible and the Corporation has the ability to
arrange, or cause to be arranged the adjustment in the interest
rate on the Bond.
3. Adjustment of the interest rate on the Bond in
accordance with the terms set forth in the Amendment to Project
Plan, is hereby approved.
4. All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution be
and the same hereby are rescinded.
On a motion by Councilman Feenstra, seconded by Councilman Taylor,
and unanimously adopted, it was
26501
I'm
#626-91 RESOLVED, that the Council does hereby rescind Council
Resolution 563-91 which set a public hearing date for Petition
91-5-2-14 by Michael S. Downes & Associates to construct a
single family cluster development on the west side of Harrison
between Five Mile and Broadmoor in the S.W. 1/4 of Section
13, inasmuch as the Planning Commission reconsidered this
petition at the meeting of July 23, 1991 , and in resolution
7-118-91 reversed its initial recommendation of denial and
has now recommended that Petition 91-5-2-14 be approved.
On a motion by Councilwoman Toy, seconded by Councilman Taylor, and
unanimously adopted, this 1 ,205th Regular Meeting of the Council of the City of
Livonia was adjourned at 9.00 P.M. , July 24, 1991
.1/#441T-fiV441#C
Robert F. Nash, City Clerk
ime