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HomeMy WebLinkAboutCOUNCIL MINUTES 1991-09-25 26654 Ibm MINUTES OF THE ONE THOUSAND, TWO HUNDRED AND NINETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 25, 1991 , the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the Vice President of the Council at 8.00 P M. Councilman Taylor delivered the invocation. Roll was called with the following result Present: Laura Toy, Robert R. Bishop, Gerald Taylor, Ron Ochala, Fernon P Feenstra and Dale Jurcisin, Absent. Joan McCotter (still recuperating from injuries suffered in an automobile accident) Elected and appointed officials present Robert F. Nash, City Clerk, Harry Tatigian City Attorney, Robert D Bennett, Mayor, H Shane, Assistant Planning Director; Raul Galindo, City Engineer, Karen Szymula, Director of Legislative Affairs, Suzanne Wisler, Director of Community Resources, Robert Beckley, Director Lisof Public Works, James Inglis, Housing Director, John Fegan, Director of Building Inspection Department and James Andres, Chief Accountant On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #742-91 RESOLVED, that the minutes of the 1 ,208th Regular Meeting of the Council of the City of Livonia, held September 11 , 1991 are hereby approved On a motion unanimously introduced, supported and adopted, it was #743-91 WHEREAS, the Athena Award Program was initiated in 1982 by the Lansing, Michigan Regional Chamber of Commerce to recognize, encourage and celebrate the achievements of women in business and the professions, WHEREAS, Joan McCotter has been selected by the Livonia Chamber of Commerce to be a recipient of the Athena Award for 1991 ,1160 and 26655 limWHEREAS, she is the first woman to finish first in a Livonia City Council race, she also served as the Council ' s first female Vice President and after four years was elected its first female President; and WHEREAS, she teaches delinquent and troubled boys at the Wayne County Youth Home in Detroit and has been a member of the Detroit Federation of Teachers for over 30 years. She has B.S. , M.E. and Ed. S degrees from Wayne State University and is a member of Pi Lambda Theta, a national honor society for educators. From 1979 to 1982, she was co-owner of a Livonia-based construction company, C.S.S , Inc. and as a result of this involvement, she co-founded a national group, Alliance of Female Owned Businesses in Construction (AFOBIC). She traveled throughout the United States lobbying for business opportunities for women at the national , state and local level being called to testify at the White House on this need at one point. She served as Editor of the national publication, The AFOBIC FOCUS. During these years, she was also a speaker at national , state and local conferences and seminars and taught a class at Schoolcraft Community College for women wanting to start a business, and WHEREAS, in these groups as well as others, i .e the Women's Economic Club, the Livonia Chamber of Commerce, the Livonia Business and Professional Women, the Livonia League of Women Voters, the American Association of University Women and the Schoolcraft College Foundation, she has worked consistently over the years to assist and challenge women in realization of their goals through educational programs, networking and recognition of the achievement, history and leadership of women, and WHEREAS, her professionalism, dedication to others and leadership abilities are appreciated by all who know her, NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council do hereby take this means to congratulate and commend Joan McCotter for the honor which has been bestowed upon her At the direction of the Chair, Item No 7 re the bid for Outer Wear Foul Weather Garments for Public Service Division was removed from the Consent Agenda. On a motion by Councilman Ochala, seconded by Councilman Bishop, it was #744-91 RESOLVED, that having considered a communication from the Mayor, dated August 29, 1991 , wherein it is indicated that 26656 Imo Ms. Charlotte Mahoney, 18633 Williams Court, Livonia, Michigan 48152, has been appointed to the Board of Directors of the Economic Development Corporation of the City of Livonia for a six year term expiring June 7, 1997, the Council does hereby approve of and concur in the aforesaid action, provided that Ms. Mahoney takes the oath of office as required in Chapter X, Section 2 of the City Charter to be administered by the office of the City Clerk. #745-91 RESOLVED, that having considered a letter from John F. Mufarreh, 36332 Whitcomb, Livonia, Michigan 48154, dated August 30, 1991 , wherein he has indicated an interest in the purchase of certain City-owned property located at 9817 Newburgh and 9811 Newburgh, Livonia, Michigan, the Council does hereby refer this item to the Department of Law for its report and recommendation #746-91 RESOLVED, that having considered a letter from John F. Mufarreh, 36332 Whitcomb, Livonia, Michigan 48154, dated August 30, 1991 , wherein he has indicated an interest in the purchase of certain City-owned property located at 9627 Newburgh, 37410 Ann Arbor Trail , 37414 Ann Arbor Trail , and 9717 Newburgh, Livonia, Michigan, the Council does hereby refer this item to the Department of Law for its report and recommendation #747-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated August 26, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the proposal of Domestic Linen Supply Co , Inc , 3800 Eighteenth Street, Detroit, Michigan 48208, to supply the Public Service Division employees with rental uniforms and cleaning service at the unit prices quoted in its bid of October 3, 1988, and for an estimated total weekly sum of $215.95, for the period December 1 , 1991 through November 30, 1992, FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140(D)(5) of the Livonia Code of Ordinances, as amended. #748-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated August 27, 1991 , approved by the Director of Finance, and approved for submission by the Mayor, the Council does hereby accept the bid of Chemlawn Commercial Services, 22260 Pennsylvania Road, P.O. Box 577, Taylor, Michigan 48180 for the treatment of sycamore anthracnose disease for the estimated total cost of $32,815 00, the same having been in fact the lowest bid received and meets all specifications, 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 26657 Ibp to do all other things necessary or incidental to the full performance of this resolution #749-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated August 27, 1991 , approved by the Director of Finance, and approved for submission by the Mayor, the Council does hereby accept the bid of Mainco Mechanical Contractors, 1300 W. Fort Street, Detroit, Michigan 48226, to furnish and install one make-up air unit at the DPW Equipment Storage Garage, for the total price of $8,950 00, the same having been in fact 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. #750-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated September 5, 1991 , approved by the Director of Finance, and approved for submission by the Mayor, the Council does hereby accept the unit price bid of G & M Enterprises Ltd. , 19614 W. Eight Mile Road, Southfield, Michigan 48075, for completing all sweeping required for the City' s 1991 Leaf Pickup program for the prices indicated in the attachment, the same having been in fact the lowest bid received for this item, FURTHER, the Council does hereby accept the second low bid of Progressive Sweeping Contractors, Inc. , 455 Terminal Road, Toledo, Ohio 43612, for the prices indicated in the attachment, in the event the aforesaid low bidder is unable to perform the service, 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. #751-91 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated September 10, 1991 , which is approved by the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of rock salt from Morton International , Inc. , Morton Salt Division, 100 N Riverside Plaza, Chicago, Illinois 60606, for a unit price of $24.24 per ton, for the period August 26, 1991 to August 25, 1992, under the State of Michigan Contract Agreement No. 8296, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price, as well as for the additional reasons indicated 26658 in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3.04. 140(D)(5) of the Livonia Code of Ordinances, as amended. A communication from the Director of Public Works, dated September 3, 1991 re HVAC Equipment Replacement at the Golden Lantern Restaurant - Final Cost Information was received and placed on file for the information of the Council . #752-91 RESOLVED, that having considered the report and recommendation of the Chief of Police dated August 23, 1991 , approved for submission by the Mayor, with regard to the Fourth Annual D.A.R.E Golf Outing, which is to be conducted on July 15, 1992 at the Fox Creek Golf Course, the proceeds of which are to be donated to D.A.R E. , and wherein it is requested that all fees at the Fox Creek Golf Course be waived, the Council does hereby grant and approve this request in the manner and form herein submitted. #753-91 RESOLVED, that having considered the report and recommendation of the Historical Commission and the Director of Community Resources, dated September 10, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize Simpson Granite, 23466 Grand River, Detroit, MI 48219, to proceed with the completion of Phase I of the monument repair work required at Newburgh Cemetery, for the price of $6,000.00, the same to be appropriated from the 1991 Historical Commission Budget ($2,000 00 from Account 101-737-976-210 and $4,000 00 from Account 101-737-931-210) for this purpose; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04. 140(D)(5) of the Livonia Code of Ordinances, as amended #754-91 RESOLVED, that having considered the report and recommendation of the Executive Director of the Livonia Housing Commission, dated September 5, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the bid of Georgia Carpets, 507 W Eleven Mile Road, Madison Heights, Michigan, for the removal and replacement of 3,800 square yards of carpeting and padding at Silver Village, for the price of $40,000, the same having been in fact the lowest bid received and meets all specifications. #755-91 RESOLVED, that having considered a communication from the City Planning Commission, dated August 5, 1991 , which transmits its resolution 7-124-91 , adopted on July 23, 1991 , with regard to Petition 91-6-2-19, submitted by Homestead Development, requesting waiver use approval to construct a detached single family condominium project on property located 26659 Iwoon the north side of Cl ari to between Mi ddl ebel t Road and Melvin Avenue in the NE 1/4 of Section 11 , which property is zoned R-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #756-91 RESOLVED, that having considered a communication from the City Planning Commission, dated August 23, 1991 , which sets forth its resolution 8-142-91 , adopted on August 20, 1991 , with regard to Petition 91-7-2-21 , submitted by Gary M. Darby, requesting waiver use approval to operate an automotive repair facility, to be located on the north side of Ann Arbor Road between Ann Arbor Trail and Hix Road in the NE 1/4 of Section 31 , which property is zoned C-2, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #757-91 WHEREAS, Act 233, P A. 1909, as last amended by Act 196, P.A. 1970 provides for the conveyance of State-owned tax-reverted lands to municipal units for public purposes, and WHEREAS, such lands are under the jurisdiction of the State of Michigan, Department of Natural Resources and are available for acquisition under the provisions of the above mentioned act and are described as follows: 46 001 04 0032 000 Lot 32 Argonne Subdivision 46 042 02 0358 000 Lot 358 Beverly Gardens No 1 46 005 01 0183 000 Lot 183 Storm & Fowlers Country Crest 46 001 99 0014 000 That part of the NE 1/4 desc as beg at a point on N & S 1/4 line of Sec 1 distant S 00°09' E 186 ft from N 1/4 corner Sec 1 , th S 00°09' E along said line 74 ft, th 89°58' 40" E 346.36 ft, th N 01°58' 20" E 74 ft along c/1 of Angling Rd, the W 349.1 ft. to POB 46 001 99 0015 000 That part of the NE 1/4 desc as beg at a point on N & S 1/4 line of Sec 1 distant S 00°09' E 260 ft from N 1/4 corner Sec 1 and proc th S 00°09' E along said line 80 ft th N 89°58' 10" E 343.39 ft to c/1 of Angling Rd, th N O1 °58' 20" E along said c/1 80 ft, the S 89°58' 40" W 346.36 ft to POB WHEREAS, the City of Livonia desires to acquire said lands for purposes of urban renewal , 26660 NOW, THEREFORE BE IT RESOLVED that the City of Livonia is authorized to make application to the State of Michigan, Department of Natural Resources, Lands Division for conveyance of said land to the City of Livonia for a nominal fee as set by the Natural Resources Commission, and FURTHER BE IT RESOLVED that the City of Livonia shall set up necessary procedures and controls to provide for the proper distribution of funds arising from the subsequent sale of the acquired property in conformity with the above mentioned acts. A communication from the Director of Finance, dated September 5, 1991 re Bobby' s Country House was received and placed on file for the information of the Council #758-91 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated September 5, 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 Resolutions 1084-90 and 363-91 , which upon completion Ifts shall be subject to review by the City Council A communication from the City Clerk, dated September 10, 1991 re Livonia Public Schools School District 1991 Tax Collection was received and placed on file for the information of the Council #759-91 RESOLVED, that having considered a communication from the Mayor, September 18, 1991 , the Council does hereby determine to conduct a public hearing on Monday, October 21 , 1991 , at 8 00 P M at the City Hall , 33000 Civic Center Drive, Livonia, Michigan with respect to the following items 1 The proposed annual budget for the City of Livonia for the fiscal year commencing December 1 , 1991 , and 2 The public hearing required by Act 5 PA 1982, in connection with the Truth in Taxation hearing, and the City Clerk shall give adequate public notice of said public hearing in accordance with the provisions of law and City Charter. 26661 A roll call vote was taken on the foregoing resolutions with the following result: AYES: Taylor, Ochala, Feenstra, Toy, Bishop and Jurcisin. NAYS: None. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #760-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated August 28, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Libra Industries Inc. of Michigan, P.O Box 1114, Jackson, Michigan 49204, for supplying employees of the Department of Public Works with outer wear foul weather garments at the unit prices bid and for the total estimated cost of $12,996.79, based upon the Public Service 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 being the lowest bid received for this item which meets specifications; FURTHER, in the event the items are not available from the aforesaid low bidder, the Council accepts the second low unit price bid of Pertex Textile Products, Inc , P O. Box 579, LFranklin, Michigan 48025, for an estimated total cost of $13,906.08, as an alternate source to supply employees of the Department of Public Works with outer wear foul weather garments, and the bid of Uniforms Manufacturing, Inc , is hereby rejected inasmuch as the same does not meet specifications. On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #761-91 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 16, 1991 , and submitted pursuant to Council Resolution 595-91 , in connection with the report and recommendation of the Planning Director and the Director of 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 approve the sign plan as submitted and further authorizes the preparation of specifications and thereafter the taking of competitive bids for the fabrication of the signs (including an alternate bid for laser-cut lettering) Im• in accordance with provisions of law and City ordinance, FURTHER, the Council does hereby request that the Historical Commission submit its report and recommendation with regard to providing lighting for these signs as well as additional signs which describe the individual buildings located at Greenmead. On a motion by Councilman Bishop, seconded by Councilman Taylor,26662 and unanimously adopted, it was #762-91 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated September 16, 1991 , and submitted pursuant to Council Resolution 1107-89, and having also considered the report and recommendation of the Executive Housing Director in letters dated September 4, 1991 and September 6, 1991 , which bear the signature of the Finance Director and are approved for submission by the Mayor, the Council does hereby determine as follows, a. To approve the admission standards governing the application process, admission and continued occupancy of residents, with the inclusion of an annual declaration statement with respect to both Newburgh Village and Silver Village, b To approve the lease agreement and rules of occupancy submitted herein with respect to both Newburgh Village and Silver Village, c To approve the proposed rents, security deposit and restoration deposit as herein submitted with respect to Newburgh Village only, d To approve the landscape plan as presented and authorize the preparation of specifications and thereafter the taking of competitive bids in accordance with the provisions of law and City ordinance, and to authorize the installation of perimeter plantings to the extend possible on a phased basis, e. To accept the low bid of White-Westinghouse, 29586 Gregg, Roseville, Michigan 48066, for supplying 121 dishwashers to be installed at Newburgh Village for a total price of x23,102.00, the same having been in fact the lowest bid received and meets all specifications, f To authorize the amendment of the existing contract with Pete Wood Plumbing & Heating, 15103 Spanich Court, Livonia, Michigan 48154, to provide the plumbing work necessary to install the aforesaid dishwashers for a sum of $8,520 00, g To authorize an amendment to the existing contract with McMurray Electric, 22036 Woodward, Ferndale, Michigan 48220, to provide the electrical work necessary to install the aforesaid dishwashers for a sum of $4,925 00, 26663 h To authorize the aforesaid contract amendments 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 Councilman Ochala, and unanimously adopted, it was #763-91 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated September 17, 1991 , and submitted pursuant to Council Resolution 566-91 , and based upon its quarterly review, the Council takes this means to indicate its satisfaction with the City' s investment policies; FURTHER, the Council requests a report and recommendation from the Mayor and Finance Director with regard to establishing additional guidelines for investing City funds On a motion by Councilman Feenstra , seconded by Councilman Bishop, 1m. and unanimously adopted, it was #764-91 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 18, 1991 , and submitted pursuant to Council Resolution 477-91 , the Council does hereby request that the City Clerk review existing licenses of junk collectors to ensure that they are all properly categorized as either scavengers or junk dealers and to ensure that all future applications include the Police Report which is required by Sections 5.45 020 and 5.45.060 of the Livonia Code of Ordinances, as amended, FURTHER, the City Clerk is requested to provide all persons who are licensed as junk dealers or scavengers with copies of Chapter 5.45 of the Livonia Code of Ordinances, as amended, as well as copies of the new Solid Waste Recycling Ordinance upon its adoption. On a motion by Councilman Feenstra, seconded by Councilman Bishop, and unanimously adopted, it was #765-91 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 18, 1991 , and submitted pursuant to Council Resolution 477-91 , Im• in connection with the report and recommendation of the Director of Public Works dated June 5, 1991 , approved for submission by the Mayor, to which is attached the draft of a proposed 26664 recycling ordinance, the Council does hereby refer the proposed NK ordinance to the Department of Law for the preparation of a revised draft which includes the recommended changes of the Legislative Committee, including an effective date of April 1 , 1992, which proposed ordinance should therefter be submitted to the City Council for adoption. On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #766-91 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 18, 1991 , and submitted pursuant to Council Resolution 248-91 , in connection with a communication from the City Planning Commission, dated January 23, 1991 , which sets forth its resolution 1-8-91 , adopted on January 15, 1991 , with regard to Petition 90-72-6-10, submitted by the City Planning Commission on its own motion to determine whether to amend Section 5 03 of Zoning Ordinance 543 so as to add day care nursery facilities as a waiver use in the RUF district regulations, and the Council having conducted a public hearing with regard to this matter on March 13, 1991 , pursuant to Council Resolution 75-91 * the Council does hereby concur in the recommendation of the Planning Commission, and Petition 90-12-6-10 is hereby approved and �-' granted as recommended for revision by the Legislative Committee - (references to "Day Care Nursery" should be changed to "Day Care Center" and sub paragraph 5 which dealt with requiring a 2/3 vote of Council should be deleted) , and the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution. Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance; AN ORDINANCE AMENDING SECTION 11 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 -4-7-12\ A roll call vote was taken on the foregoing Ordinance with the following result. AYES^ Taylor, Ochala, Feenstra, Toy, Bishop and Jurcisin NAYS` None L The Vice President declared the foregoing Ordinance duly adopted, and would become 26665 160 effective on publication. Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance• AN ORDINANCE AMENDING SECTION 22 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 91-2-1-4) A roll call vote was taken on the foregoing Ordinance with the following result• AYES: Feenstra and Bishop NAYS: Taylor, Ochala, Toy and Jurcisin The Vice President declared the foregoing Ordinance denied On a motion by Councilman Bishop, seconded by Councilman Taylor, lip and unanimously adopted, it was #767-91 RESOLVED, that the proposed amendment to the Zoning Ordinance submitted by the Department of Law by letter dated August 27, 1991 with regard to Petition 91-4-1-9 submitted by B & K Development, Inc. , for a change of zoning on property located on the north side of Plymouth Road west of Newburgh Road in the Southeast 1/4 of Section 30, from RUF to R-1 (Rural Urban Farm to One Family Residential - 60' x 120' lot) and which received first reading by Councilman Robert R. Bishop on September 11 , 1991 , is hereby referred to the Committee of the Whole for its report and recommendation. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 30 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" lip BY ADDING SECTION 3. THERETO (Petition 91-4-1-10) 26666 imp A roll call vote was taken on the foregoing Ordinance with the following result• AYES• Taylor, Ochala, Feenstra, Toy, Bishop and Jurcisin. NAYS: None The Vice 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 30 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 91-4-1-11 ) A roll call vote was taken on the foregoing Ordinance with the following result Lii AYES• Taylor, Ochala, Feenstra, Toy, Bishop and Jurcisin NAYS• None. The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #768-91 RESOLVED, that having considered a communication from the City Planning Commission, dated August 23, 1991 , which transmits its resolution 8-143-91 , adopted on August 20, 1991 , with regard to the proposed preliminary plat of Parkside Villas Subdivision to be located on the south side of Seven Mile Road between Wayne and Van Roads in the Northeast 1/4 of Section 8, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on August 20, 1991 , the Council does hereby approve of the said preliminary plat based upon the same conditions as those set forth in the aforesaid Planning Commission action and subject 10 to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications 26667 for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements. On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was #769-91 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 4, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the development of the Cane Woods Subdivision and the proposed enclosure of the Beitz (County) Drain which traverses the area of the said subdivision, the Council does hereby determine as follows, 1 . To appropriate and authorize an expenditure of a sum not to exceed $135,000 00 from the Surplus County Drain Funds to cover the City's portion of the cost involved in enclosing the Beitz (County ) Drain through the proposed Cane Woods Subdivision located in the S.W 1/4 of Section 4, said amount to be paid to ACO Development, Inc. , 9766 Joy Road, Plymouth, MI 48170, upon certification to the Finance Director by the Engineering Department that all work has been completed liwin accordance with City standards and specifications, 2. To waive the City' s field inspection fees required pursuant to Title 16 of the Livonia Code of Ordinances, as amended (Subdivision Ordinance) , associated with the storm sewer enclosure noted herein, it being the understanding of the City that field inspection of the enclosure will be provided by the Wayne County Office of Public Services, and 3. Due to the urgency of a storm sewer enclosure to prevent flooding within the upstream areas of the drainage district, thereby affecting the health and safety of the residents in the area, the Council does waive the competitive bidding process for the reasons stated and 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 Councilman Bishop, and unanimously adopted, it was #770-91 RESOLVED, that the Council does hereby request that ii• the Michigan Department of Natural Resources inform the City of Livonia of any developments that may occur in the watershed district in which it is located which may have an adverse impact upon the residents of this community 26668 On a motion by Councilman Feenstra,seconded by Councilman Ochala, and unanimously adopted, it was #771-91 RESOLVED, that the Council does hereby refer the subject of flooding in the area of the proposed Cane Woods Subdivision (north of Seven Mile and west of Gill Road) to the Water Supply, Drainage, Sewage and Waste Disposal Study Committee for its report and recommendation. On a motion by Councilman Ochala, seconded by Councilman Feenstra, and unanimously adopted, it was #772-91 RESOLVED, that having considered a report and recommendation from the Department of Law, dated September 6, 1991 , approved by the City Engineer and the Director of Finance and approved for submission by the Mayor, in connection with the obtaining of an appraisal of property at Seven Mile and Gill Roads, the Council does hereby authorize the Department of Law to employ the services of Charles W. Allen, Jr. , M.A I. , S R P.A. , to prepare a real estate appraisal of said property for a sum not to exceed $4,000.00 and for necessary title work for a sum not to exceed $500.00, and the sum of $4,500.00 is hereby appropriated and authorized to be expended from the Michigan Transportation Fund (Major Road Account) for this purpose On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #773-91 RESOLVED, that having considered a communication dated September 4, 1991 , from the Department of Law transmitting for Council acceptance a Quit Claim Deed and six Grants of Easement, more particularly described as: 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 Section 32 (nominal centerline of Plymouth Road) and S. 01 °04'00" W. 427.69 26669 feet from the North 1/4 corner of Section 32, thence S. 88°43' 36" E. 215.20 feet, thence S. 89*0l ' 47x E. 150,00 feet, thence S. 0l"04' 00o W. 00.00 feet, thence N. 89v01 /47o W 149 86 feet, thence N. 88°43' 36" W. 215 36 feet; thence N. 81v04/00" 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 45-126-99~0010-002) 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. 13. , R.9E. , City Of Livonia, Wayne County, Michigan being more particularly described as follows, Beginning at a point located S OQ«OO'DO^ E 656.20 feet along the north line of Section 32 (nominal centerline of Plymouth Road) and S Olv04'0Ox W 487.69 feet from the N 1/4 corner of Section 32' thence S 88v43' 36' E 60.00 feet; thence S 01v04/0O" W 120.82 feet to the Lnorth line of "Country Homes Sub. No. 3" as recorded iM Lfber 7O of Plat8, Page3 42 & 43, Wayne County Records, thence along said subdivision line N 89°01 '47" W 60.00 feet; thence N 01v04/ 0O'/ E 121 ,14 feet to the point of beginning. /125-99-0012-070\ 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' O0o E 656,20 feet along the north line of Section 32 (nominal centerline of Plymouth Road) and S 01 ^04'00x W 487.69 feet and S 88p43/ 36x E 60.00 feet from the N 1/4 corner of Section 32, thence continuing S 88»57 /03o E 60.00 f$et', thence S 01o04'00" 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 County Records; thence along said subdivision line N 89v0l /47" W 80,00 feet, Uk thence N 01 °04'00" E 120.82 feet to the point of --- beginning. (125-99-0012-009) 26670 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 Section 32 (nominal centerline of Plymouth 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 County Records; thence along said subdivision line N 89°01 '47" W 60 00 feet, thence N O1°04'00" E 120 50 feet to the point of beginning. (125-99-0011-007) 5 Grant of Easement dated August 15, 1991 , executed by Bobby gtoyanovich, 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 88°43' 36" E 180.00 feet from the N 1/4 corner of Section 32, thence continuing S 88°43' 36" E 35.14 feet, thence S 89°01 ' 47" E 24 86 feet, thence S 01 °04'00" W 120 00 feet to the north line of "County Homes Sub. No 3" as recorded in Liber 78 of Plats, Pages 42 & 43, Wayne County Records, thence along said subdivision 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 Bobby Stoyanovich, a single man, Petre Stoyanovich iwr and Donka Stoyanovich, his wife, for 26671 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,15. , R.9E. , City of Livonia, Wayne County, Michigan being more particularly described as follows Beginning at a point located S 89"00'00x 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 89o01 / 47x E 24.86 feet; from the N 1/4 corner of Section 32, thence continuing S 88"0l /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 County Records, thence along said subdivision line N 89"0l /47" W 62.20 feet, thence N 01°04/OO" 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: 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 01o04'00x W 487.69 feet and S 88°43'36" E 215,36 feet and S 89«01 '47x E 87.46 feet, from the N 1/4 corner of Section 32, thence continuine S 88"43/ 36» E 62.60 feet, thence S 07 »04'OOx 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 line N 89^01 /47n W 82.60 feet, thence N 01 »04/O0n E 120.00 feet to the point of beginning. (125-99-0010-004) the Council does hereby, for and in 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 On a motion by Councilman Feenstra, seconded by Councilman Taylor, 26672 L and unanimously adopted, it was #774-91 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 13, 1991 , approved by the Finance Director and approved for submission by the Mayor, the Council does for and on behalf of the City of Livonia accept cash donations in the amount of $1 ,698.00 from the indicated donors for use in the Senior Citizen Program; and the Council does hereby authorize the deposit and crediting of the $1 ,698.00 to Account 702-000-285-216 for this purpose. On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #775-91 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 Taylor, seconded by Councilman Feenstra, it was 16 #776-91 RESOLVED, that having considered a communication from the City Planning Commission, dated August 12, 1991 , which sets forth its resolution 8-129-91 adopted on August 6, 1991 with regard to Petition 91-6-1-15, submitted by Americo Ciatti for a change of zoning on property located South of Vassar Avenue between Middlebelt and Parkville in the Southeast 1/4 of Section 1 , from R-1 to R-6, and the Council having conducted a public hearing with regard to this matter on September 23, 1991 , pursuant to Council Resolution 658-91 , the Council does hereby reject the recommendation of the City Planning Commission and the said Petition 91-6-1-15 is hereby denied for the following reasons: 1 . That the proposed change of zoning is not consistent with the majority of the rezoning districts in the area. 2. That the proposed change of zoning is not compatible to, and not in harmony with, with the surrounding uses in the area 3 That the proposed change of zoning is not supported by the Future Land Use Plan. Ii• A roll call vote was taken on the foregoing resolution with the following result 26673 liki AYES- Taylor, Ochala, Feenstra and Toy NAYS- Bishop and Jurcisin The Vice President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was #777-91 RESOLVED, that having considered the report and recommendation of the Department of Law dated September 25, 1991 approved by the City Clerk and approved for submission by the Mayor, to which is attached a copy of the letter dated September 25, 1991 from the Michigan General Attorney General with regard to the initiative petition submitted by "CARE" for a charter amendment relating to multiple vacancies on the City Council , the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, this 1 ,209th Regular Meeting of the Council of the City of LII Livonia was adjourned at 8 30 P.M. , September 25, 1991 2!V bert F. Nash, City Clerk