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HomeMy WebLinkAboutCOUNCIL MINUTES 1991-05-01 26438 MINUTES OF THE ONE THOUSAND AND TWO HUNDREDTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 1 , 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 02 P.M. Councilman Ochala delivered the invocation. Roll was called with the following result: Present Laura Toy, Robert R Bishop, Gerald Taylor, Dale Jurcisin, Ron Ochala, Fernon P. Feenstra and Joan McCotter, Absent: None. Elected and appointed officials present. Robert F. Nash, City Clerk, Harry Tatigian, City Attorney, Robert D. Bennett, Mayor, John Nagy, Planning Director, Raul Galindo, City Engineer, Karen Szymula, Director of Legislative Affairs, David Preston, Finance Director, Lee B Grieve, Chief of Livonia Police, Robert Beckley, Director of Public Works, Edith Davis, Personnel Director and Ron Reinke, Superintendent of Parks and Recreation L On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was 1347-91 RESOLVED, that the minutes o- the 1 ,199th Regular Meeting of the Council of the City of Livonia, held April 17, 1991 are hereby approved On a motion by Councilman Bishop, seconded by Councilwoman Toy, and unanimously adopted*, it was 1348-91 RESOLVED, that the minutes of the 213th Special Meeting of the Council of the City of Livonia, held April 24, 1991 are hereby approved. *Councilmen Taylor, Jurcisin and Ochala abstained from voting which is recorded as a "yes" vote under the provisions of Section 2 04.1906 of the Livonia L. ode of Ordinances. 26439 On a motion unanimously introduced, seconded and adopted, it was #349-91 WHEREAS, on March 16, 1991 , the LIVONIA CHURCHILL HIGH SCHOOL VARSITY VOLLEYBALL TEAM completed their outstanding season with prestige and the honor as the 1991 CLASS A STATE VOLLEYBALL CHAMPIONS with an outstanding overall record of 47 wins, 1 loss, and 1 tie, and WHEREAS, the right to pursue this level of competition was earned through triumphant accomplishment as District Champions in which Churchill was victorious over Detroit Redford 15-0, 15-4, Livonia Ladywood 15-3, 15-8, and Livonia Franklin 15-1 , 15-12, as Regional Champions defeating Ferndale 15-5, 15-7, and Livonia Stevenson 15-13, 15-13, and WHEREAS, the Churchill Chargers continued their victories by defeating Grosse Pointe South 15-6, 15-6 in the State Quarter Finals, defeating Bay City Central 15-10, 12-15, 15-9 in the Semi Finals; and finally achieving the prestigious honor of Class A State Champions by defeating the talented Temperance-Bedford Team 15-13, 15-8, and WHEREAS, this talented team of young female athletes comprised of SENIORS Amy Baron, Alyssa Belaire, Christina Garry, Keri Hawkins, Stephanie Speen and Janine Sproul , JUNIORS Julie Campau, Melina Garrett, Ellen Lessig, Vicki Lucas, Whitney Said, Jennette Swartout, Kristi Szymanski , SOPHOMORES Chrissy Daly and Krista Laidlaw, have bestowed honor and prestige upon Churchill High School , the students, the faculty, and their parents, and WHEREAS, Coach Michael Hughes is hereby commended for his leadership and motivating force behind the team with s influence and determination teaching sportsmanship, :onfidence, loyalty, as well as the important of academic excellence, NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Livonia, County of Wayne, State of Michigan, does hereby take this opportunity to COMMEND AND CONGRATULATE Coach Michael Hughes and the members of the CHURCHILL HIGH SCHOOL VARSITY VOLLEYBALL TEAM on their achievement as the 1991 CLASS A STATE VOLLEYBALL CHAMPIONS On a motion by Councilman Taylor, seconded by Councilwoman Toy, it was ihm 1350-91 RESOLVED, that having considered a letter from James A. Gruska, 28615 Grandon, Livonia , MI 48150, dated April 15, 26440 1991 , requesting permission in behalf of his neighbors to close Grandon between Harrison and Brentwood on Sunday, June 9, 1991 from 2:00 p m to 8.00 p.m for the purpose of conducting the 4th Annual Grandon Block Party, the Council does hereby grant permission as requested, the action taken herein being made subject to approval of the Police Department #351-91 RESOLVED, that having considered letters from the Race Directors of the RoadRunner Classic dated April 11 , 1991 , and the report and recommendation of the Superintendent of Parks and Recreation dated April 18, 1991 , approved for submission by the Mayor, the Council does hereby approve and authorize the annual RoadRunner Classic Race to be held on July 20, 1991 , which race would start on Stark Road, South of Lyndon, go South on Stark Road to the Jeffries Service Drive, West on the Service Drive to Levan Road, North on Levan to Lyndon, East on Lyndon to Fairlane, North on Fairlane to Five Mile, East on Five Mile to Farmington Road, South on Farmington Road to Lyndon and West on Lyndon to Stark and then finish; FURTHER, the Council does hereby require that the sponsor of this race shall bear the cost of the Division of Police providing its services with respect to this event (and the requests for tents and a trash dumpster are hereby denied). lbw #352-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated April 11 , 1991 , approved by the Finance Director and approved for submission by the Mayor, the Council does hereby accept the bid of Cadillac Oil Company, 13650 Helen, Detroit, Michigan 48212, for supplying the Public Service Division (Equipment Maintenance Section) with Motor, Transmission and Hydraulic Oils at the unit prices bid for the period through April 30, 1992 and for the estimated total cost of $8,298.00, the same having been in fact the lowest bid received and meets all specifications. #353-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated April 5, 1991 , approved by the Finance Director, and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Continental Contracting, Inc , 24258 Sorrentino Court, Mt. Clemens, MI 48043 for the 1991 Lane Line Marking Program for the estimated total cost of $8,374.65, 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 appropriate and authorize the expenditure of a sum not to exceed $8,374 65 from the Michigan Transportation Fund (Major Road Account) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as may be required, 26441 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 Mayor, dated April 11 , 1991 re CR 1109-89 and an increase in height of the wall behind Wonderland Center was received and placed on file for the information of the Council . #354-91 RESOLVED, that having considered the report and recommendation of the City Treasurer and the City Engineer dated April 4, 1991 with regard to Special Assessment Roll 333 for the street improvement of Maplewood, Clarita, Pickford and Grimm in the Northwest 1/4 of Section 12 which was confirmed by Council Resolution 133-90 adopted on February 12, 1990, the Council does hereby amend and revise Council Resolution 133-90 in the following manner (3) interest at the rate of eight percent (8%) per annum on the unpaid balance of the assessment from December 1 , 1991 (3) The first installment shall be due and payable December Ii. 1 , 1992 (5) The first installment shall be spread upon the 1992 City tax roll (5) With interest upon all unpaid installments from December 1 , 1991 and the balance of Council Reso-ution 133-90 shall remain in full force and effect #355-91 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works dated April 12, 1991 , 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 Thompson McCully Company, 5905 Belleville Road, Belleville, MI 48111 , for the street improvement of Maplewood, Clarita, Pickford and Grimm in the Northwest 1/4 of Section 12 for the estimated total cost of $853,596.60 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 authorize an appropriation IL. in the amount of $741 ,596.60 from the $12 million General Obligation Road Improvement Bond Issue with the provision that 26442 Imm (1 ) the Bond Issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are available from the future Special Assessment Bond Issue, and (2) the Bond Issue be reimbursed for the City's portion of the project at such time as funds may be available from the Michigan Transportation Fund (Local Road Account) and the Council does hereby authorize an appropriation in the amount of $112,000 from the Unexpended Fund Balance of the Water Fund 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 #356-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 20, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor and which submits final cost information with regard to Special Assessment District 324 which was confirmed in Council Resolution 512-89 adopted on May 24, 1989 for the street improvement of Foch, Clarita, Pickford and Goff in the Northeast 1/4 of Section 12, the Council does hereby determine as follows imm a) To authorize a decrease in the total assessment as set forth in the confirmed assessment roll for S.A.D 324 from $329,252.00 to $320,950 72 with the assessments to be reduced to the assessment rate of $43 36 p f f , b) To authorize the City Assessor to increase the assessment in the total amount of $9,051 14 for parcels listed in Attachment III so as to include the cost of additional work requested by property owners within the assessment district, c) To establish the final project cost at $505,620 30, of this total , $330,001 86 is to be charged to the special assessment district, and $175,618 44 is to be assumed by the City' s Michigan Transportation Fund (Local Road Account) receipts, and d) To authorize an expenditure in the amount of $505,620 30 from the $12 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($330,001 86) and the Michigan Transportation Fund (Local Road Account) receipts ($175,618 44) #357-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 28, 1991 , which 26443 bears the signature of the Finance Director and is approved for submission by the Mayor and which submits final cost information with regard to Special Assessment District 336 which was confirmed in Council Resolution 371-90 adopted on April 9, 1990, for the street improvement of Fitzgerald North of Seven Mile Road, the Council does hereby determine as follows: a) To authorize a decrease in the total assessment as set forth in the confirmed assessment roll for S.A.D. 336 from $205,348.00 to $196,387.36 with the assessments to be reduced to the assessment rate of $42.08 p.f.f. , b) To authorize the City Assessor to increase the assessment in the total amount of $154,414.18 for parcels listed in Attachment III so as to include the cost of additional work requested by property owners within the assessment district, c) To establish the final project cost at $374,518.00, of this total , $211 ,801 .54 is to be charged to the special assessment district, and $162,716.46 is to be assumed by the City' s Michigan Transportation Fund (Local Road Account) receipts, and IN. d) To authorize an expenditure in the amount of $374,518.00 from the $12 million General Obligation Road Improvement Bond Issue with the provision that the Bond Issue be reimbursed at such time as funds are available from the next Special Assessment Paving Bond Issue ($211 ,801 .54) and the Michigan Transportation Fund (Local Road Account) receipts ($162,716.46) A communication from the City Engineer, dated April 9, 1991 re the Resurfacing of Merriman Road from Plymouth to Schoolcraft (CR 107-31 ) was received and placed on file for the information of the Council . 1358-91 RESOLVED, that having considered the report and recommendation of the Assistant Planning Director dated April 1 , 1991 , approved for submission by the Mayor and to which is attached copies of a report detailing the recommended use of Community Development Block Grant Program funds for the program year beginning August 1 , 1991 , the Council does hereby take this means to indicate its informal approval of the proposed program and the budget submitted so as to permit the conducting of a public hearing on this matter for public comment as required, with the results of that hearing and a final program and budget, upon preparation, to thereafter be submitted to City Council for its consideration 26444 LIN #359-91 RESOLVED, that having considered a communication from the Personnel Director dated April 12, 1991 , which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits resolutions adopted by the Civil Service Commission on March 14, 1991 , wherein the Commission did recommend as follows. a) To approve the reinstatement of the classification of Junior Figure Skating Instructor at a wage of $12.00 per hour, effective 4/1/91 ; b) To reclassify the Parks and Recreation temporary positions of Pool Manager, Choral Director, Piano Accompanist, Instructor of Special Programs, Day Camp Director, and Supervisor of Handicapped Program as proposed as follows, effective 4/1/91 : CURRENT CLASSIFICATION PROPOSED CLASSIFICATION (Hourly Wage Rate as (Proposed Hourly Wage of 4/1/91 ) Rate as of 4/1/91 ) RECREATION SPECIALIST PROGRAM SPECIALIST $5.95/Hr. First Year $6.75/Hr. First Year $6.10/Hr. Second Year $7 00/Hr. Second Year $6.25/Hr. Third Year $7. 25/Hr. Third Year c) To reclassify the Parks and Recreation temporary positions of Lifeguard I , Assistant Pool Manager, Lifeguard II , and Tennis Instructor as proposed as follows, effective 4/1/91 CURRENT CLASSIFICATION PROPOSED CLASSIFICATION (Hourly Wage Rate as (Proposed Hourly Wage of 4/1/91 ) Rate as of 4/1/91 ) ASSISTANT RECREATION LEADER RECREATION LEADER (Lifeguard I) (Lifeguard I) $4.45/Hr. First Year $5. 20/Hr. First Year $4 55/Hr. Second Year $5 45/Hr. Second Year $4.65/Hr. Third Year $5 70/Hr. Third Year RECREATION LEADER RECREATION SPECIALIST (Lifeguard II , Assistant (Lifeguard II , Assistant Pool Manager, Tennis Pool Manager, Tennis Instructor) Instructor) $5 20/Hr. First Year $5.95/Hr. First Year $5 45/Hr Second Year $6. 10/Hr. Second Year $5.70/Hr. Third Year $6 25/Hr. Third Year and 26445 d) To approve rate increases, effective April 1 , 1991 , as follows: CLASSIFICATION CURRENT PROPOSED SPORTS OFFICIALS• Baseball - Youth (F, Pee Wee & G) $10/Game $13/Game Basketball (All ) $10-$13/Game $13-$14/Game Hockey (All ) $9-$14/Game $10-$15/Game Softball (Men/Boys) $11-$13/Game $14/Game Volleyball (Men/Women/Beach) $13/Game $14/Game SENIOR SKATING INSTRUCTOR $13/Hr. $14/Hr FIGURE SKATING SUPERVISOR $15/Hr. $16/Hr. the Council does hereby concur in and approve of the aforesaid action. #360-91 RESOLVED, that having considered the report and recommendation of the Department of Law dated February 28, 1991 , and having also considered a communication from the Mayor dated March 11 , 1991 , as well as a communication from the Personnel Director dated April 12, 1991 , approved by the Director of Finance and the Mayor and which transmits a resolution adopted by the Civil Service Commission on March 14, 1991 , wherein it is recommended that the continuation of hospitalization/medical insurance, dental and optical benefits be approved for City of Livonia employees who were called to active military duty in the Persian Gulf Crisis, the Council does hereby concur in and approve of such action. #361-91 RESOLVED, that having considered the report and recommendation of the Department of Law dated April 3, 1991 , approved for submission by the Mayor in connection with a letter from Lillian M. Black, 2254 Mammoth Gr. , Lake Wales, FL 33853, received by the office of the City Clerk on February 21 , 1991 , which offers lot 87 for purchase in the Garden Farms Subdivision to the City, the Council does hereby determine to take no further action #362-91 RESOLVED, that having considered a communication from the Director of Finance dated April 11 , 1991 , approved for submission by the Mayor and to which is attached a City of Livonia audit completed by Plante & Moran for the year ending November 30, 1990, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation 26446 A communication from the Director of Building Inspection, dated April Ihm 12, 1991 re Council Resolution No. 1085-90 Bobby's Country House at Idyl Wyld Golf Course was received and placed on file for the information of the Council . #363-91 RESOLVED, that having considered the report and recommendation of the Director of Finance dated April 17, 1991 , approved for submission by the Mayor, the Council does hereby authorize the temporary use of the lower level of the Club House at Bobby's Country House as a banquet facility for a 90 day period in addition to that previously authorized in Council Resolution 1084-90, which upon completion shall be subject to review by the City Council #364-91 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921 , as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584) , as well as Article XXIII of Ordinance 543, as amended, 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, June 5, 1991 at 7 30 P.M at the City Hall , 33000 Civic Center Drive, Livonia, Michigan with respect to the following item. Petition 91-2-1-3, submitted by Castillo Company, Inc , for six property owners for a change of zoning on property located on the west side of Middlebelt Road between Schoolcraft Road and Bentley Avenue in the Southeast 1/4 of Section 23, from RUF to OS, the City Planning Commission in its resolution 4-58-91 having recommended to the City Council that Petition 91-2-1-3 be approved, Petition 91-2-1-5, submitted by the City Planning Commission pursuant to Council Resolution 1103-90 for a change of zoning of property located at the northwest corner of Newburgh and Joy Roads in the Southeast 1/4 of Section 31 from C-1 to R-1 , the City Planning Commission in its resolution 4-60-91 having recommended to the City Council that Petition 91-2-1-5 be denied with respect to the two southern most parcels and be approved with respect to the northern most parcel as amended to a proposed change of zoning from C-1 to OS, 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 26447 ILE the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Ochala, Feenstra, Toy, Bishop, Taylor, Jurcisin and McCotter. NAYS: None. On a motion by Councilman Jurcisin, seconded by Councilman Ochala, and unanimously adopted, it was #365-91 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated April 15, 1991 with regard to the topic of establishing a requirement Iwo for a prevailing wage rate for companies which perform major construction projects for the City of Livonia, and having also considered a communication from the Department of Law dated February 7, 1991 and a communication from the Mayor dated February 11 , 1991 with respect to this matter, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #366-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated April 22, 1991 , submitted pursuant to Council Resolution 256-91 in connection with a communication from the Superintendent of Parks and Recreation dated March 6, 1991 , approved for submission by the Mayor and Finance Director and to which is attached a proposed contract between the City of Livonia and Gary L. Whitener, Golf Professional , with respect to the Whispering Willows Golf Course and Idyl Wyld Golf Course, and a proposed contract between the City of Livonia and Thomas J Welsh, Golf Professional , with respect to Fox Creek Golf Course, the Council does hereby authorize the Mayor and City Clerk to execute the proposed contracts for and on behalf of the City of Livonia as revised in the following manner: 26448 L (1 ) A three year contract; (2) Establish Trail Fees in the following manner: 1st year $400, 2nd year $450, and 3rd year $500 for all three golf course; and (3) Provide Wage Increases in the following manner: 1st year 3%, 2nd year 3-1/2% and 3rd year 4%. On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #367-91 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated April 23, 1991 and submitted pursuant to Council Resolution 737-90 in connection with a resolution adopted by the City Council of the City of Riverview which supports the adoption of legislation which would require a deposit on the sale of batteries and tires to encourage recycling rather than landfilling of these items, the Council does hereby determine to take no further action. On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #368-91 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated April 23, 1991 and submitted pursuant to Council Resolution 889-90 in connection with a communication from the City Planning Commission dated July 31 , 1990, which sets forth its resolution 7-404-90 adopted on July 17, 1990, with regard to Petition 90-6-6-4 submitted pursuant to Council Resolution 85-90 to determine whether or not to amend Zoning Ordinance 543 so as to provide for the regulation of restaurant uses as waiver uses when located in department stores, supermarkets or other developments (in lieu of allowing such uses as accessory uses) , and the Council having conducted a Public Hearing with regard to this matter on September 19, 1990, pursuant to Council Resolution 742-90, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 90-6-6-4 is hereby approved and granted, as recommended by the Legislative Committee to be revised by adding a new paragraph 5 to Sections 10.03(h) and 11 03(p) , and the Department of Law is requested to prepare an ordinance amending Ordinace 543, as amended, in accordance with this resolution. 26449 LOn a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #369-91 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated April 23, 1991 in connection with the matter of approval of parcels of property which are under two acres in size for office use by the City Planning Commission only (and not the City Council ) , and the approval of parcels of property under five acres in size for commercial uses by the City Planning Commission (and not the City Council ) , the Council does, in accordance with Section 23.01 (a) of the Zoning Ordinance, request that the City Planning Commission conduct a public hearing and thereafter submit a report and recommendation on the question of whether Section 18.58(a) should be amended so as to require with respect to all OS, C-1 , C-2 zoned property that the City Planning Commission shall review the site plan and submit a report and recommendation to the City Council for its approval (delete the two acre exception for OS and five acre exception for C-1 and C-2). on a motion by Councilman Bishop, seconded by Councilman Jurcisin, it was #370-91 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated April 23, 1991 and submitted pursuant to Council Resolution 1088-90 in connection with the report and recommendation of the Planning Commission dated November 8, 1990 and submitted pursuant to Council Resolution 936-90 with respect to plans submitted for mounted satellite dish-type antennas in residential areas, the Council does hereby determine to take no =urther action. A roll call vote was taken on the foregoing resolution with the following result: AYES Ochala, Bishop, Taylor, Jurcisin and McCotter. NAYS Feenstra and Toy. The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilman Bishop, Li: was 26450 RESOLVED, that having considered a communication from IL. the Department of Law dated April 17, 1991 submitted pursuant to Council Resolution 285-91 wherein the Council did grant and approve Petition 90-7-1-15, submitted by Alan Gottlieb and David L. Bittker for Canterbury Park Associates, for a change of zoning on property located on the north side of Seven Mile Road between Osmus and Mayfield in the Southwest 1/4 of Section 3 from R-9 to R-7, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. The motion and second were withdrawn. Councilman Feenstra gave first reading to the following Ordinance' AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO. (Petition 90-7-1-15) 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. On a motion by Councilman Taylor, seconded by Councilwoman Toy, it was 1371-91 RESOLVED, that having considered a communication from tne Department of Law dated April 17, 1991 submitted pursuant TO Council Resolution 285-91 wherein the Council did grant and approve Petition 90-7-1-15, submitted by Alan Gottlieb and David L. Bittker for Canterbury Park Associates, for a change of zoning on property located on the north side of Seven Mile Road between Osmus and Mayfield in the Southwest 1/4 of Section 3 from R-9 to R-7, and which proposed amendment to the zoning ordinances did receive first reading by Councilman Fernon P Feenstra at the regular meeting of May 1 , 1991 , the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES Ochala, Feenstra, Toy, Taylor and Jurcisin NAYS Bishop and McCotter 26451 ILThe President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #372-91 RESOLVED, that having considered a communication from the City Assessor, dated March 28, 1991 , approved for submission by the Mayor, with regard to a request from Ms. Charlotte Crawford and Ms. Patricia Faur of 17282 Francavilla, 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 approve of the proposed division of Tax Item 46 053 01 0075 001 into two parcels, the legal descriptions of which shall read as follows. PARCEL "A": The East 70 ft. of the N. 1/2 of Lot 75 of LIVRANCE ESTATES SUB of part of the N.E. 1/4 of Sec 14, T.1S. , R 9E. , Livonia Twp. , Wayne County, Michigan, as recorded in Liber 67, on Page 10 of Plats, W.C.R PARCEL "B": The North 1/2 of Lot 75, except the East 70 ft. thereof, of LIVRANCE ESTATES SUB of part of the N E. 1/4 of Sec. 14, T.1S. , LR.9E. , Livonia Twp. , Wayne County, Michigan, as recorded in Liber 67, on Page 10 of Plats, W.C.R. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds; provided, however, that to the extent required by law and City ordinance, the action herein is made subject to the approval of the Zoning Board of Appeals. On a motion by Councilwoman Toy, seconded by Councilman Feenstra, and unanimously adopted, it was 1373-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated April 10, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of J. C Engraving, 27326 Grand River, Redford, Michigan 48240, for supplying the Public Service Division (Sign Maintenance Section) with a sign making system (Computer and Vinyl Cutter, Digitizer and Engraver) for a total price of $12,985.00, the Lip same having been in fact the lowest bid received and meets all specifications. 26452 On a motion by Councilman Jurcisin, seconded by Councilman Bishop, it was #374-91 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated December 5, 1990, and the report and recommendation of the Chief of Police dated March 22, 1991 , the Council does hereby approve of the request from BAT, Ltd. to transfer stock in 1990 Class C Licensed Business, located at 33653 Five Mile, Livonia, MI 48154, Wayne County, by dropping Brian K. Gale as stockholder through transfer of 3,660 shares to new stockholder, Carl M Laurie, 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. Ochala, Toy, Bishop, Taylor, Jurcisin and McCotter. NAYS Feenstra. The President declared the resolution adopted. On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, Imtnd unanimously adopted, it was #375-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated April 4, 1991 , which bears the signature of the Finance Director, is approved as to form by the City Attorney and which is approved for submission by the Mayor and to which is attached a proposed cost sharing agreement by and between the City of Westland and the City of Livonia with respect to the Newburgh Road reconstruction project from Laramie Avenue in Westland to 400 feet north of Joy Road in Livonia, the Council does hereby determine as follows: 1 To authorize the Mayor and City Clerk to execute, for and on behalf of the City of Livonia, a Cost Sharing Agreement dated March 18, 1991 with the City of Westland for the improvement of Newburgh Road from Joy Road north approximately 400 feet, 2 To appropriate and authorize an expenditure in the sum of $313,695 74 from the 12 million Dollar General Obligation Road Improvement Bond Issue as the City of Livonia' s estimated share of the project, and 3 To authorize the Finance Director to invoice Stonehouse Development, Inc , 33966 Eight Mile Road, Suite 102, 26453 160 Farmington Hills, MI 48335 (a k a Lendrum & Ronayne Development) in the amount of $22,350 00 as requested in their letter dated June 16, 1990, said amount representing 50% of the estimated cost of an outlet storm sewer in Westland to be constructed in connection with the subject project and, further said cost to Stonehouse Development, Inc. shall be adjusted, as required, based on the final construction costs associated with the above outlet storm sewer On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #376-91 RESOLVED, that having considered a communication from the City Planning Commission, dated April 17, 1991 , which transmits its resolution 4-69-91 adopted on April 16, 1991 with regard to building plans submitted in connection with Petition 71-2-8-1 submitted by Schostak Brothers and Co , requesting site plan approval to remodel the front of the Kmart and Star Furniture stores located on the north side of Seven Mile Road west of Farmington Road in the Southeast 1/4 of Section 4 pursuant to the provisions set forth in Section 18 47 of Ordinance 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and the revised building plans in connection with Petition 71-2-8-1 are hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission On a motion by Councilman Taylor, seconded by Councilman Jurcisin, it was #377-91 RESOLVED, that having considered the report and recommendation of the Department of Law dated April 18, 1991 , approved by the City Planner and approved for submission by the Mayor, which submits a proposed Stipulation for Consent Judgment and a Consent Judgment in the case of Southwcod Construction Company vs City of Livonia, Wayne County Circuit Court Case No 90-031786 AS, the Council does hereby authorize the Department of Law, for and on behalf of the City of Livonia, to execute the said Stipulation for Consent Judgment and thereafter enter the Consent Judgment, as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Feenstra, Taylor and Jurcisin 26454 NAYS: Toy, Bishop and McCotter. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #378-91 RESOLVED, that the Council does hereby request that the Southwood Construction Company, the developer of certain property located north of Five Mile Road, east of Harrison, which is approximately 16.06 acres in size and on which is presently located the Madison Elementary School , submit a Letter of Understanding wherein the Southwood Construction Company obligates and commits itself to demolition of the Madison School building within a period of 90 days after obtaining requisite zoning ordinance approvals for the development of this property in the manner and form set forth in a Consent Judgment which was authorized to be entered in the case of Southwood Construction Company vs. City of Livonia in Council Resolution 377-91 , adopted on May 1 , 1991 . On a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, it was #379-91 RESOLVED, that having considered a communication from the City Planning Commission dated March 1 , 1991 , which sets forth its resolution 2-25-91 adopted on February 19, 1991 with regard to Petition 91-1-1-1 submitted by William & Alice Kolak and Joseph Durso for a change of zoning on property located on the north side of Seven Mile Road between Bicentennial Drive and Fitzgerald Avenue in the Southwest 1/4 of Section 5 from RUFC to R-C, and the petitioner thereafter having amended its requested rezoning from RUFC to R-3 and the Council having conducted a public hearing with regard to this matter on April 24, 1991 pursuant to Council Resolution 230-91 , the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and unanimously adopted, it was #380-91 RESOLVED, that having considered a communication from IL. the City Planning Commission, dated February 25, 1991 , which sets forth its resolution 1-26-91 adopted on February 19, 1991 , with regard to Petition 91-1-2-1 submitted by Louis G. Redstone 26455 Associates, Inc. requesting waiver use approval to construct an Amoco Service Station and Food Shop on property located on the northeast corner of Six Mile Road and Haggerty in the Southwest 1/4 of Section 7, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on April 24, 1991 , pursuant to Council Resolution 168-91 , the Council does hereby reject the recommendation of the City Planning Commission and said Petition 91-1-2-1 is hereby approved and granted. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #381-91 RESOLVED, that having considered the report and recommendation of the Chief of Police dated April 2, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, which sets forth cash donations from the contributors listed in a total amount of $7,261 .00, the purpose of which is to purchase supplies for use in the Drug Abuse Resistance Education program, the Council does for and on behalf of the City of Livonia accept the said cash donations of $7,261 .00 and authorizes their deposit in Account 702-000-285-211 for use in the D A.R E. Program. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #382-91 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 Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was #383-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated April 25, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the purchase of three 1991 Chevrolet Lumina APV compact passenger vans from Tennyson Chevrolet, Inc. , 32570 Plymouth Road, Livonia, Michigan 48150, in the amount of $11 ,966.99 each, for a total price of $35,900 97, the same to be used by the City Clerk, City Assessor and the City Treasurer, FURTHER, the Council does hereby authorize the transfer of the sum of $24,900.97 from the Capital Projects Fund of the General Fund to the Equipment 26456 Maintenance Transportation Rental Account No 101-446-947.000 160 for this purpose; and the Council does hereby authorize the same item without competitive bidding in accordance with Section 3.04.140.D. 5 of the Livonia Code of Ordinances, as amended. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #384-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated April 29, 1991 , and submitted pursuant to Council Resolution 577-90 in connection with the proposed monument signs which were included with the revised site plan of Petition 71-2-8-1 to remodel the front of the specialty shops on property located on the north side of Seven Mile at Farmington in the Southeast 1/4 of Section 4 which revised site plan was approved in Council Resolution 577-90 adopted on June 13, 1990, the Council does hereby approve the said monument signs as shown on the revised site plan. On a motion by Councilman Ochala, seconded by Councilman Jurcisin, Land unanimously adopted, it was 1385-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated April 29, 1991 , and submitted pursuant to Council Resolution 884-90 in connection with the report and recommendation of the Department of Law and the Planning Director dated August 14, 1990, submitted pursuant to Council Resolution 578-90 with regard to the maintenance and conveyance of the northwest corner of Farmington Road and Seven Mile Road to the City of Livonia by Schostak Brothers and Company (which has not been accomplished) , the Council does hereby refer this matter to the Department of Law for the preparation of a landscape open space easement in lieu of the aforesaid conveyance, for submission to Council . On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was #386-91 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated March 19, 1991 and submitted with regard to Newburgh Village, the 120 unit Senior Citizen housing complex being developed on LB City-owned property on the west side of Newburgh Road between Amrhein and Plymouth Roads, the Council does hereby take this 26457 means to indicate that it approves three brown earth tone bricks for exterior, one beige color siding and one multi-brown color shingle for this project; the Council does further approve for the interior of Newburgh Village, foyer: tile with flecks; carpet - beige; oak cabinets, white appliances, antique white trim; kitchen tile - speckled; FURTHER, the Council does hereby approve for the proposed Community Building, as presented to the Capital Improvement Committee on March 19, 1991 , of units interior with antique white trim. On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, this 1 ,200th Regular Meeting of the Council of the City of Livonia was adjourned at 8 50 P.M. , May 1 , 1991 . we'''/#%(4.tfr"if°4441 Robert F. Nash, City Clerk IL•