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HomeMy WebLinkAboutCOUNCIL MINUTES 1991-03-20 26366 Immo MINUTES OF THE ONE THOUSAND ONE HUNDRED AND NINETY SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 20, 1991 , the above meeting was held at the City Hall , 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8.02 P.M. Councilman Bishop delivered the invocation. Roll was called with the following result Present• Robert R Bishop, Gerald Taylor, Ron Ochala, Fernon P. Feenstra, Dale Jurcisin and Joan McCotter; Absent• Laura Toy (due to illness) 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, Director of Finance, John Fegan, Director of Building law Inspection and George F Sills, Superintendent of Public Service Division On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted*, it was #208-91 RESOLVED, that the minutes of the 1 ,196th Regular Meeting of the Council of the City of Livonia, held March 6, 1991 are hereby approved. *Council President 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 On a motion unanimously introduced, supported and adopted, it was #209-91 WHEREAS, Harriet Larson has been named Livonia's First Citizen for 1991 in recognition of her outstanding contributions to this community, and WHEREAS, Harriet Larson played a major role in starting FRIENDS OF THE LIBRARY. She has served as president and held 26367 1611 other offices. She has also been active in the Livonia Historical Society. She is a past president of that group. Her work on the Educational Committee of the Society has resulted in the creation of educational material for the teaching of Livonia History in the Livonia Schools. She co-authored the BIG HOUSE ON THE HILL and helped produce several filmstrips. She also worked on a teacher resource guide for teaching Livonia history in the elementary schools, and WHEREAS, since the opening of Civic Center Library, Harriet has organized the book sales which are held three times a year and has raised over $30,000.00 in this short time. These funds have made it possible to provide more resources in all three libraries, and WHEREAS, after Harriet retired from teaching, she accepted appointment by Mayor Bennett to the Livonia Library Commission, and has attended conferences of the American Library Association and the Michigan Library Association where she contributed her more than ten years worth of knowledge of Friends projects, and how to succeed, as well as bringing home ideas that benefit Livonia NOW, THEREFORE, I , Robert D Bennett, Mayor of the City of ImwLivonia, County of Wayne, State of Michigan, do hereby take this means to join with the Livonia City Council to commend Harriet Larson for the honor which has been bestowed upon her and to gratefully acknowledge the invaluable contributions she has made to the quality of life in Livonia. On a motion unanimously introduced, supported and adopted, it was #210-91 WHEREAS, the Livonia Chapter of the Michigan Military Family Support Group is assisting families in this community with members serving in the Persian Gulf, and WHEREAS, the Livonia Chapter of the Michigan Military Family Support Group, the Disabled American Veterans, the City of Livonia and other civic groups such as the Chamber of Commerce have raised funds in campaigns to support and recognize military personnel serving and returning from the war in the Persian Gulf, and WHEREAS, part of this activity is the "Adopt-A-Light-Pole" Campaign initiated by Livonia Councilwoman Laura Toy, wherein individuals and corporation sponsor the placement of yellow pom poms on light poles NOW, THEREFORE, I , Robert D. Bennett, Mayor of the City of Livonia, County of Wayne, State of Michigan, do hereby take this means to join with the City Council to commend the Livonia 26368 Chapter of the Michigan Military Support Group for its "Adopt-A- Light-Pole" Campaign, for its other efforts in making and placing red, white and blue bows around the community and its financial support of the families of military personnel serving in the Persian Gulf. On a motion unanimously introduced, supported and adopted, it was #211-91 WHEREAS, the women of the City of Livonia as well as women throughout the nation have been an integral part of the cultural , economic and social life of their communities and played a significant role therein, and WHEREAS, women continue to nurture their loved ones in the traditional role that has been enhanced not replaced as they realize their personal dreams and potential ; and WHEREAS, in this historic time of Operation Desert Storm, women as well as men in the Armed Forces of the United States and the Reserves were called to leave their homes, husbands and children or were prepared to do so on behalf of principles of freedom and self-determination espoused by this nation and the worldwide community of nations; and WHEREAS, we realize that daughters as well as sons, wives as well as husbands, flew the aircraft, sailed the ships and drove the land vehicles of that war, and WHEREAS, we recognize the equal courage and heroism of women in battle, and also in incarceration as prisoners of war, and WHEREAS, we mourn the men and women who gave up their lives in the service of their country in this war to ensure a world in which their loved ones could live in relative peace and security NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Livonia recognize the equality and status of women of the City of Livonia, their courage and accomplishments and hereby designate the month of March as "WOMENS HISTORY MONTH", joining in the national designation and celebration. On a motion unanimously introduced, supported and adopted, it was #212-91 WHEREAS, Monsignor Alex Brunett left St. Aidan's Catholic Church of Livonia after 17 years of service on Friday, March 1 , L1991 , to begin his new position as pastor of the Shrine of the Little Flower in Royal Oak, Michigan, and WHEREAS, Monsignor Alex Brunett has nurtured and provided leadership to St. Aidan ' s since December 12, 1973, when parish 26369 family membership was 300 and today, the membership has reached 1 ,350 families, and WHEREAS, Monsignor Alex Brunett oversaw the building and construction of new St Aidan's Catholic Church which was completed in 1988; and WHEREAS, Monsignor Alex Brunett served as a catalyst to members of St. Aidan's as he developed a youth program, a program which helped care for the sick and ill , and developed many parish outreach programs; and WHEREAS, Monsignor Alex Brunett has been the recipient of multitude of personal achievements and has been recognized for his leadership in the ecumenical movement, and WHEREAS, his professionalism, dedication to others, and leadership abilities are appreciated by all who know him NOW, THEREFORE, BE IT RESOLVED that the Livonia City Council does hereby take this means to applaud the contributions made by Monsignor Alex Brunett during his 17 years at St Aidan's Catholic Church that so deeply touched the lives of numerous Livonia families and extend our best wishes to him in his future endeavors. A communication from the Director of Finance, dated March 11 , 1991 forwarding the various financial statements of the City of Livonia for the month ending December 31 , 1990 was received and placed on file for the information of the Council . On a motion by Councilman Bishop, seconded by Councilman Ochala, it was #213-91 RESOLVED, that having considered 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 refer this item to the Mayor for his report and recommendation. #214-91 RESOLVED, that having considered 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 refer this item to the Department of Law for its report and recommendation. 26370 #215-91 RESOLVED, that having considered a letter from the Livonia Art Club dated March 1 , 1991 , wherein a request is submitted for permission to place a 3 foot by 4 foot wooden sign to be located next to the library sign on Five Mile Road in front of the Civic Center Library from April 1 through April 7, 1991 , in connection with the 30th annual Festival of Arts to be presented on April 6 and 7, 1991 , the Council does hereby grant and approve this request in the manner and form herein submitted. A communication from the Inspection Department, dated February 28, 1991 re Council Resolution No 139-91 Report Concerning Property at Joy and Harrison Center was received and placed on file for the information of the Council . 1216-91 RESOLVED, that having considered a communication from the Churchill High School PTSA dated March 6, 1991 , wherein permission is requested to post one 14" x 8" sign on a wire frame at each of the following locations in connection with the Churchill High School Craft Show to be conducted on Saturday, March 23, 1991 from 10 00 a m. to 4 00 p.m NW corner of Ann Arbor Road at Newburgh Road, and NE corner of Joy Road at Newburgh Road the Council does hereby grant and approve this request in the manner and form herein submitted. 1217-91 RESOLVED, that having considered a communication from the Livonia Arts Commission dated February 12, 1991 , approved by the Finance Director and approved for submission by the Mayor, with regard to the 15th Annual Fine Arts and Crafts Festival , sponsored by the Livonia Arts Commission, which is scheduled to take place on Saturday, June 8, 1991 and Sunday, June 9, 1991 at Greenmead Historical Village, the Council does hereby waive the $1 .00 transient license fee per participant with respect to the said festival , and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution 1218-91 RESOLVED, that having considered the report and recommendation of the acting Chief of Police dated February 21 , 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 Advanced Micrographics, 30429 W. Eight Mile, Livonia, MI 48152 for the microfilming of records, which bid was the lowest bid received and meets all specifications, based upon the following unit prices• 16 mm roll film $19 00 per 1 ,000 images 26371 Prep time 8.25 per hour Cartridging 2.75 each Duplicate roll 8.00 per roll Jackets 70 each #219-91 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated January 7, 1991 and a letter from Mr. James C. McCann, Attorney at Law, dated February 28, 1991 with regard to a request from John Del Signore requesting a new full year Class C license with Dance-Entertainment Permit to be located at 36000 Seven Mile Road, Livonia, Michigan 48152, Wayne County, in the corporate name of JTL, Inc , the Council does hereby refer this matter to the Department of Law for a report and recommendation, including therein the ramifications of the Dance-Entertainment Permit being requested. #220-91 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated February 12, 1991 , the Council does hereby approve of the request from Bashara' s Wonderland Lanes, Inc to transfer ownership of a 1990 Class C Licensed Business from J.B. #3, Inc , for a business located at 28455 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, and Council Resolution 83-91 adopted on January 28, 1991 is hereby amended and revised to the extent necessary to be consistent with the action taken herein #221-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated February 21 , 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Wm F. Sell & Son, Inc , 16555 S Telegraph Road, Taylor, Michigan 48180 for supplying the Public Service Division (Equipment Maintenance Section) with an all-purpose four-wheel drive tractor for a net price of $12,285 52, based on a total price of $12,782. 52 less trade-in of $500.00, the same having been in fact the lowest bid received and meets all specifications. #222-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated March 1 , 1991 , approved by the Director of Finance, and approved for submission by the Mayor, the Council does hereby accept the unit price bid of King Fence & Supply Co. , 15390 Schaefer Highway, Detroit, Michigan 48227 for completing all work required in connection with the Glendale Yard Fence Project for a total price of $5,800.00, the same having been in fact the lowest ILN 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 26372 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 #223-91 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board dated February 26, 1991 , approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2915 2/91 , the Council does hereby accept the unit price bid of Huron Sod Farms, Inc , 30877 Pennsylvania Road, Romulus, Michigan 48174 for supplying the Public Service Division (Water Maintenance Section) with Blue Grass Sod at the unit price bid of $.80 per yard delivered and $ 60 per yard for pick up, the same having been in fact the lowest bid received and meets all specifications, further, in the event the aforesaid low bidder is unable to furnish the material , the Council does hereby accept the second low bid which meets specifications of Huggett Sod Farm, Inc , 4114 E Marlette Road, Marlette, Michigan 48453 as an alternate to supply the Public Service Division (Water Maintenance Section) with Blue Grass Sod at the unit bid price of $ 90 per yard delivered and $ 75 per yard for pick up. 1224-91 RESOLVED, that having considered the report and lie recommendation of the Water and Sewer Board dated February 26, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby determine as follows 1 Accept the low bid meeting specifications of Nankin Sand Co , 39740 Cherry Hill Road, Canton, Michigan 48187 for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $6 00 per yard delivered, FURTHER, in the event the aforesaid low bidder is unable to furnish the material , accept the second low bid meeting specifications of Redford Topsoil Contractors, Inc , 15553 Beech Daly Road, Redford, Michigan 48239, as an alternate to supply the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $6.20 per yard delivered, and 2. Accept the low bid meeting specifications of Nature' s Way Landscaping, P 0. Box 529, Hartland, Michigan 48353 for supplying the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $5.00 per yard for pickup, further, in the event the aforesaid low bidder is unable to furnish the material , accept the second low bid meeting specifications of Redford Topsoil Contractors, Inc , 15553 Beech Daly Road, Redford, Michigan 48239, as 26373 an alternate to supply the Public Service Division (Water Maintenance Section) with topsoil at the unit bid price of $5.50 per yard for pickup. 1225-91 RESOLVED, that having considered the report and recommendation of the Director of Public Worksdated March 4, 1991 , approved by the Director of Finance and approved for submission by the Mayor, with regard to contracted assistance for emergency snow removal pursuant to Section 10.63.040 of the snow alert ordinance, the Council does hereby authorize the payment of the sum of $9,774 00 to B & V Construction, Inc. , 48400 West Road, P 0 Box 96070, Wixom, Michigan 48096-6070 for services rendered in plowing snow from all City streets on February 14 and 15, 1991 ; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04.140D1 of the Livonia Code of Ordinances, as amended 1226-91 RESOLVED, that having considered a communication dated February 26, 1991 , from the Engineering Department, and approved for submission by the Mayor, the Council does hereby determine to dedicate and relinquish a public right-of-way to be known as Hubbard Road, which is described as follows A public right-of-way in the N W. 1/4 of Section 27 to be known as Hubbard Road, said right-of-way being described i as follows That part of the N W 1/4 of Section 27, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S 0°17' E 825 feet from the North 1/4 of Section 27, proceeding thence S 0°17' E 186 feet, thence West 43 feet, thence N 0°17' E 186 feet to the Southeast corner of Lot 34, Schoolcraft Acres Subdivision, as recorded in Liber 68, Page 44, Wayne County Records, thence East 43 feet to the point of beginning (Hubbard Road Right-of- way - Tax Parcel No. 106-99-0010-000) 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, and be it further resolved, that said street is a public street and is for public street purposes, and further, that said street is accepted into the City Local Street System 1227-91 RESOLVED, that having considered a communication from the City Planning Commission, dated March 1 , 1991 , which transmits its resolution 2-30-91 , adopted on February 19, 1991 , with regard to the proposed preliminary plat of Fargo Woods Subdivision to be located on the southeast corner of Fargo Avenue and Merriman Road in the Northwest 1/4 of Section 2, City of Livonia, Wayne County, Michigan, and the preliminary 26374 plat having been approved by the City Planning Commission on February 19, 1991 , the Council does hereby approve of the said preliminary plat, based upon the same conditions as those set forth in the Planning Commission action as well as subject to the receipt of a report and recommendation by the City Engineer relative to the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements. 1228-91 RESOLVED, that having considered the report and recommendation of the Department of Law dated February 25, 1991 , the Council does hereby rescind and repeal Council Resolution 755-90 which previously authorized a conveyance of property at 15426 Pierson, Detroit, Michigan, to the City of Detroit inasmuch as the City of Detroit does not wish to accept the City of Livonia's offer of conveyance. #229-91 RESOLVED, that having considered the report and recommendation of the Department of Law dated February 7, 1991 and submitted pursuant to Council Resolution 165-90, to which is attached proposed rules for addressing the City Council at all meetings of the Council , in accordance with the provisions of the Open Meetings Act, the Council does hereby refer this item to the Committee of the Whole for its report and ibmrecommendation A communication from the Chairman of the Traffic Commission, dated January 4, 1991 re City Council Item 513-89, minutes of 5-24-90, requesting report on Traffic Signage on Foch, Clarita, Pickford and Goff was received and placed on file for the information of the Council . A roll call vote was taken on the foregoing resolutions with the following result: AYES• Bishop, Taylor, Jurcisin, Ochala, Feenstra and McCotter NAYS None Action was taken on Item No. 19, the establishment of a public hearing date for Petition 91-1-1-1 by William and Alice Kolak and Joseph Durso to rezone property on the north side of Seven Mile, which had been removed from the Consent Agenda. 26375 On a motion by Councilman Taylor, seconded by Councilman Jurcisin, La and unanimously adopted, it was #230-91 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 No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, April 24, 1991 , at 7. 30 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item 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, the City Planning Commission in its resolution 2-25-91 having recommended to the City Council that Petition 91-1-1-1 be denied; and the petitioner thereafter having amended the requesting rezoning from RUFC to R-3, L FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, causetoa statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. Councilman Jurcisin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 20 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 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances 26376 Lin 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 Bishop gave first reading to the following Ordinance; AN ORDINANCE AMENDING SECTION 36 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 90-10-1-27) 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 Bishop gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 11 03 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" (Petition 90-9-6-7) 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 Jurcisin, and unanimously adopted, it was #231-91 RESOLVED, that having considered departmental correspondence from the Department of Law, dated March 14, 1991 with regard to the liquor license application submitted by an alien, the Council does hereby determine to receive and file Irgo the same 26377 tho On a motion by Councilman Ochala, seconded by Councilman Jurcisin, it was #232-91 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated January 28, 1991 and the report and recommendation of the acting Chief of Police dated February 15, 1991 in connection therewith, the Council does hereby approve of the request from Nooruzzaman Hakimjee for transfer of ownership of 1990 SDM licensed business from Millison, Inc , for a business located at 29199 Plymouth Road, Livonia, MI 48150, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result. AYES Bishop, Ochala, Jurcisin and McCotter. NAYS Taylor and Feenstra The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #233-91 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated February 15, 1991 and the report and recommendation of the Chief of Police dated March 4, 1991 , the Council does hereby approve of the request from Richard E Cummins, stockholder in the Windjammer Bar and Grill , Inc. to transfer ownership of 1990 Class C licensed business with one additional bar permit (for a total of 2 bars) from Leo R Burton, and for a new dance-entertainment permit to be held in conjunction therewith, for a business located at 11791 Farmington Road, Livonia, Michigan 48150, Wayne County, which business will be known as New Port Richie, 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 Jurcisin, seconded by Councilman Feenstra, it was #234-91 RESOLVED, that having considered the report and 1:0 recommendation of the Director of Public Works dated February 15, 1991 , approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the 26378 second low bid meeting specifications of Harold Thomas Nursery, Inc. , 14295 Middlebelt Road, Livonia, Michigan 48154, in the amount of $30,735 00 for completing all work required in connection with the City's 1991 Street Tree Planting Program; and the low bid meeting specifications of Steinkopf Nursery, 20815 Farmington Road, Farmington Hills, Michigan 48336 is hereby rejected inasmuch as the said firm is not located in Livonia, Michigan, and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Jurcisin, Ochala and Feenstra NAYS Bishop and McCotter The President declared the resolution adopted On a motion by Councilman Bishop, seconded by Councilman Jurcisin, it was #235-91 RESOLVED, that the Council does hereby refer to the Committee of the Whole for its report and recommendation the question of whether the City should establish a procedure wherein the City would give preference to local bidders (in lieu of low bidders) as well as review of the entire bidding process. A roll call vote was taken on the foregoing resolution with the following result• AYES: Bishop, Taylor, Jurcisin, Feenstra and McCotter. NAYS Ochala. The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #236-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated February 20, 1991 , approved by the Finance Director, and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Kenmoore Contracting, Inc , 67222 Van Dyke, Romeo, Michigan 48065 for the 1991 Miscellaneous Street Paving Program for the 26379 L estimated total cost of $173,824.90 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 in the amount of $173,824.90 from the $12 Million General Obligation Road Improvement Bond Issue with the provision that (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 City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution On a motion by Councilman Taylor, seconded by Councilman Jurcisin, Land unanimously adopted, it was 1237-91 RESOLVED, that having considered a communication from the City Planning Commission, dated March 1 , 1991 , which transmits its resolution 2-31-91 , adopted on February 19, 1991 with regard to the proposed preliminary plat of Crystal Pond Subdivision to be located on the north side of Joy Road between Newburgh Road and Hix Road in the Southeast 1/4 of Section 31 , City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commission on February 19, 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 to the receipt of a report and recommendation by the City Engineer relative to development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements. On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was 1238-91 RESOLVED, that the Council does hereby request the Planning Department and the Engineering Department submit their L respective reports and recommendations to the Streets, Roads and Plats Committee with regard to the status of Stonehouse between Joy Road and West Chicago in the Southeast 1/4 of Section 31 . 26380 On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #239-91 RESOLVED, that having considered a communication from the City Planning Commission, dated March 1 , 1991 , which transmits its resolution 2-29-91 , adopted on February 19, 1991 , with regard to Petition 91-1-2-4, submitted by Shaw Construction & Management Co requesting waiver use approval to utilize property located on the east side of Newburgh Road between Seven Mile Road and Vargo Avenue in the Southwest 1/4 of Section 8 for real estate office purposes, which property is zoned OS, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 91-1-2-4 is hereby approved and granted, such approval to be subject to compliance with all conditions attached to the previously approved site plan for the subject office building, and with the additional condition that the approval herein is restricted to the 3500 square foot area of the southwest corner of this building On a motion by Councilman Taylor, seconded by Councilman Ochala, Ills it was #240-91 RESOLVED, that the Council does hereby determine to rescind and repeal Council Resolution 1106-90, adopted on December 5, 1990, which approved Necessity for a proposed Alternate I - Modified Street Improvement on Sunset (Seven Mile to Clarita) and Clarita (Bainbridge to Sunset) A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Taylor, Jurcisin, Ochala and McCotter NAYS Feenstra. The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Ochala, it was #241-91 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 1 , 1990 on all matters required by Sections 3.08.060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on December 3, 1990, after due notice as required by Section 26381 110 3.08.070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08.080 of said Code: (1 ) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of a 28 foot wide full depth asphalt pavement (Alternate III) on Sunset (Seven Mile to Clarita) and Clarita (Bainbridge to Sunset) in the Northwest 1/4 of Section 11 , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated October 1 , 1990, (4) determine that the cost of such improvement is $131 ,560 00, (5) determine that the cost of said improvement shall fir be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($14,904.00) and 100% of drainage costs ($32,200.00) and that the balance of said cost and expense of said public improvement amounting to 85% of paving costs ($84,456.00) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A Special Assessment District in the N.W. 1/4 of Section 11 , T.1S , R.9E. , City of Livonia, Wayne County, Michigan, described as containing the property shown Ibm on the Special Assessment Plan and the Special Assessment Roll 26382 (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council ; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08. 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council . A roll call vote was taken on the foregoing resolution with the following result. AYES. Bishop, Taylor, Jurcisin, Ochala and McCotter NAYS. Feenstra. ImpThe President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #242-91 RESOLVED, that having considered a communication from the City Planning Commission, dated December 21 , 1990, which sets forth its resolution 12-503-90 adopted on December 11 , 1990 with regard to Petition 90-11-1-30, submitted by ACO Development for D.S. Nair for a change of zoning on property located on the north side of Seven Mile Road between Gill Road and Gary Lane in the Southwest 1/4 of Section 4 from RUFB to R-3, and the Council having conducted a public hearing with regard to this matter on March 13, 1991 , pursuant to Council Resolution 22-91 , the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 90-11-1-30 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Councilman Feenstra, seconded by Councilman Bishop, it was 26383 #243-91 RESOLVED, that having considered a communication from the City Planning Commission, dated December 18, 1990, which sets forth its resolution 12-504-9 adopted on December 11 , 1990, with regard to Petition 90-11-1-31 , submitted by Dominic Soave for a change of zoning on property located on the east side of Newburgh Road north of Seven Mile Road in the Northwest 1/4 of Section 5, from RUFC to C-1 , and the Council having conducted a public hearing with regard to this matter on March 13, 1991 , pursuant to Council Resolution 22-91 , the Council does hereby refer this item to the Committee of the Whole for its report and recommendation, which should include consideration of the three-acre parcel of property located immediately to the North of Brose Electric on the East side of Newburgh Road North of Seven Mile Road (Dlala) A roll call vote was taken on the foregoing resolution with the following result AYES. Bishop, Jurcisin, Ochala and Feenstra. NAYS Taylor and McCotter The President declared the resolution adopted Lip A communication from the Director of Building Inspection, dated March 20, 1991 re Planning Commission Petition 90-11-1-30 Report Concerning Conditions of Fountainview Plaza (19213-241 Newburgh) 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 #244-91 RESOLVED, that the Council does hereby request that the Traffic Commission, the Planning Commission and the Mayor submit their respective reports and recommendations on whether additional traffic control devices, including pedestrian signals, should be added to the existing signalization at the intersection of Seven Mile Road and Newburgh Road due to increased growth in this area, FURTHER, the Traffic Commission is hereby requested to submit a report and recommendation with regard to the traffic problem which may exist on the West side of Newburgh Road, between Seven Mile Road and the second driveway North into the Fountainview Plaza. On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was 26384 L #245-91 RESOLVED, that having considered a communication from the City Planning Commission, dated January 23, 1991 , which sets forth its resolution 1-3-91 adopted on January 15, 1991 , with regard to Petition 90-11-1-33, submitted by the City Planning Commission on its own motion for a change of zoning on property located on the south side of Five Mile Road west of Levan in the Northwest 1/4 of Section 20 from PO-I to RUF, 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 the said Petition 90-11-1-33 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and,upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and unanimously adopted, it was #246-91 RESOLVED, that having considered 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 90-12-6-10 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 refer this item to the Legislative Committee for its report and recommendation On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was #247-91 RESOLVED, that having considered a communication from the Hearing Officer, dated January 10, 1991 , approved for submission by the Mayor, with regard to a request to demolish a house located at 33428 Richland, Livonia, Michigan , the legal description of which is as follows Parcel 46-129-01-0123-002 Lot 123, Supervisors Livonia Plat No. 2 Subdivision L 26385 and the Council having conducted a public hearing with respect to this matter on March 13, 1991 , pursuant to Council Resolution 74-91 , and based upon the testimony and evidence presented, and having reviewed the file and the order for demolition of the Hearing Officer, the Council does hereby determine in accordance with the provisions set forth in Section 15.52.150 of the Livonia Code of Ordinances, as amended, to concur in and approve the Order of Demolition of the Hearing Officer; FURTHER, the owner or owners of the structure in question are hereby requested to demolish the same or in lieu thereof upon the expiration of the 20-day period prescribed by City Ordinance, the Department of Public Works is hereby authorized to do all things necessary to accomplish the demolition of the said structure in accordance with the provisions of City ordinance and law, the cost of which is to be borne by the owner or owners of the said property in accordance with Section 15.52.180 of the Livonia Code of Ordinances. On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was 1248-91 RESOLVED, that having considered a communication from the City Planning Commission, dated March 20, 1991 , which transmits its resolution 3-48-91 , adopted on March 19, 1991 , with regard to Petition 91-2-2-7, submitted by Livonia Rotary Club requesting waiver use approval to conduct a carnival in the parking lot of the shopping center located on the north side of Plymouth Road between Haller and Middlebelt Roads in the Southwest 1/4 of Section 25, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 91-2-2-7 is hereby approved and granted, such approval to be based upon the same condition as set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #249-91 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 Feenstra, seconded by Councilman Taylor, Land unanimously adopted, it was 26386 #250-91 RESOLVED, that having considered a communication from the City Planning Commission dated January 23, 1991 , which sets forth its resolution 1-7-91 , adopted on January 15, 1991 with regard to Petition 90~12-6-9 submitted by the City Planning Commission on its own motion to determine whether to amend Section 18,50 of Zoning Ordinance 543 with respect to the control of signs, and the Council having conducted a public hearing with regard to this matter on March 18, 1991 , pursuant to Council Resolution 101-91 , the Council does hereby refer this item to the Legislative Committee for its report and recommendation On a motion by Councilman Jurcisin, seconded by Councilman Taylor, it was #251-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated March 18, 1991 , and submitted pursuant to Council Resolution 119~91 in connection with a communication from the Michigan Liquor Control Commission dated December 21 , 1990, and the report and recommendation of the Chief of Police dated January 30, 1991 , the Council does hereby approve of the request from Fassih F. Kajy to transfer ownership of a 1990 SDD-SDM licensed business from Larry Enterprises, Inc. , for a business located at 32139 � Plymouth Road, Livonia, Michigan 48150, Wayne County; FURTHER, the action taken herein is made subject to the applicant complying with a 25% window sign regulation, 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: Bishop, Taylor, Jurcisin, Ochala and McCotter. NAYS Feenstra. The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #252-91 RESOLVED, that the Council does hereby request that the Engineering Department submit its report and recommendation with regard to the status of right-of-way on Plymouth Road adjacent to 32139 Plymouth Road, Livonia, Michigan 48150. On a motion by Councilman Taylor, seconded by Councilman Jurcisin, it was 26387 #253-91 RESOLVED, that having considered the report and recommendation of the Water, Drainage, Sewage and Waste Disposal Study Committee dated March 18, 1991 , in connection with a communication from the Director of Public Works dated March 7, 1991 , the Council does hereby request and authorize the administration to enter into negotiations for the preparation of a contract between the City of Livonia and Waste Management of Michigan-North, a division of Michigan Waste Systems, Inc. , 19200 West Eight Mile Road, Southfield, MI 48075 for the Livonia Recycling, Yard Waste and Composting Program, which should thereafter be submitted to the City Council for its consideration, the action taken herein being based upon the determination that the bid submitted by Waste Management was the lowest bid received and offered the most flexible program for curbside recycling, yard waste and composting A roll call vote was taken on the foregoing resolution with the following result- AYES Bishop, Taylor, Jurcisin, Feenstra and McCotter. NAYS- Ochala The President declared the resolution adopted imr On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, this 1 ,197th Regular Meeting of the Council of the City of Livonia was adjourned at 9-20 P.M. , March 20, 1991 . I . . Roi: t F. Nash, City Clerk Im.