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HomeMy WebLinkAboutCOUNCIL MINUTES 1991-01-28 26270 Imm MINUTES OF THE ONE THOUSAND ONE HUNDRED AND NINETY THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 28, 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 Jurcisin 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, David Preston, Director of Finance; Karen Szymula, Director of Legislative Affairs; Ronald R Reinke, Superintendent of Parks L. and Recreation, Suzanne Wisler, Director of Community Resources and Tom Carey, Traffic Commission. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #55-91 RESOLVED, that the minutes of the 1 ,192nd Regular Meeting of the Council of the City of Livonia, held January 16, 1991 are hereby approved On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was #56-91 RESOLVED, that the minutes of the 212th Special Meeting of the Council of the City of Livonia, held January 21 , 1991 are hereby approved On a motion unanimously introduced, supported and adopted, it was Imw #57-91 WHEREAS, the LIVONIA FAMILY YMCA will be celebrating its 22nd Anniversary, 22 years of serving the community and offering the children of the community a wholesome, athletic atmosphere to grow and develop, and 26271 WHEREAS, the LIVONIA FAMILY "Y" is planning its "INVEST IN YOUTH" campaign, and WHEREAS, it is desirable that the City become more aware of the "Y" contributions to the community; and WHEREAS, the "INVEST IN YOUTH" campaign further enables the "Y" to provide: Membership to anyone regardless of financial ability to pay, Handicapped programs for approximately 100 youngsters; Resident camp experience for more than 40 youngsters for time away from a family in crisis, Operation Water Safety program through the Livonia Public Schools for all 4th graders, and After school program for 200 youngsters in the Livonia area NOW THEREFORE, BE IT RESOLVED that the Livonia City Council endorses the designation of the first week in February as "OPEN DOORS" and wholeheartedly supports this program On a motion unanimously introduced, supported and adopted, it was #58-91 WHEREAS, the United States of America, operating in conjunction with many other nations under United Nations Resolution 678, began Operation Desert Storm on January 16, 1991 , for the purpose of liberating Kuwait from the military occupation of Iraq, and WHEREAS, the City of Livonia takes great pride in the men and women of this community who are serving their country in this cause and the Mayor and City Council support and recognize those in harms way who have had to place themselves at risk in Operation Desert Storm, and WHEREAS, the West Side Chapter of the Michigan Military Family Support Group is an organization offering a program of support and visible recognition as encouragement to the families who have members serving in Operation Desert Storm, 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 endorse the efforts of the West Side Chapter of the Michigan Military Family Support Group to provide aid and comfort to families in our community who are making a special sacrifice in this time of war, and 26272 Iwoendorse a program of displaying red, white and blue ribbons in our community as a sign of our appreciation and concern for our brave citizens in the military who are making their personal sacrifices for our defense and for a better future for the world, and as an outward sign to their families here at home that they all are in our thoughts and in our prayers. A communication from the Department of Law, dated January 15, 1991 , re: Elaine Tuttle, plaintiff/counter-defendant v Robert D Bennett, Donald N. Preston, Gerald G Sabo, James P. Andres and Council for the City of Livonia, Jointly and Severally, defendants/counter-plaintiffs, and City of Livonia, a Michigan Municipal Corporation intervening defendants/counter-plaintiffs Wayne County Circuit Court Civil Action No 90-027226-CZ was received and placed on file for the information of the Council . At the direction of the Chair, Items No. 1 and 2 (concerning the Spree 160 '41 ' 1991 Celebration) , No. 10 (Application for 15 cab licenses by ABC Cab Company of Redford) and No 16 (1991 Board of Review Schedule of Meetings) were removed from the Consent Agenda. On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was #59-91 RESOLVED, that having considered the report and recommendation of the Chief of Police dated January 3, 1991 , which bears the signature of the Finance Director, and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two mobile radios to be used to equip two vehicles which have been added to the Intelligence/Narcotics Fleet from Motorola Communications & Electronics, Inc. , 400 Galleria Office Centre, Suite 115, Southfield, MI 48034-8479 for a total price of $6,704.00, the same to be appropriated and expended from the Adjudicated Monies Account 702-000-285-210 for this purpose; further, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such Laction is taken in accordance with the provisions set forth in Section 3 04.140D5 of the Livonia Code of Ordinances, as amended 26273 #60-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 8, 1991 , approved by the Director of Finance, and approved for submission by the Mayor, and the attached final estimate dated December 28, 1990, the Council does hereby authorize final payment in the amount of $2,281 50 to Margolis Nursery, Inc , 9600 Cherry Hill Road, Ypsilanti , Michigan 48198 which sum includes the full and complete balance due on the contract dated March 14, 1990 in the amount of $45,225.00, the actual contract amount completed to date being $45,630.00, in connection with the 1990 Street Tree Planting Program, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor' s affidavit has been filed #61-90 RESOLVED, that having considered the report and recommendation of the City Engineer dated January 10, 1991 , approved for submission by the Mayor, the Council does hereby amend Item 7 of Council Resolution 825-90, adopted on September 12, 1990, so as to reduce the financial assurances now on deposit with the City for General Improvements to $1 ,000.00 cash in the Dorina Estates Subdivision, located in the Northwest 1/4 Iwoof Section 9, and the financial assurance now on deposit with the City, if any, shall be reduced accordingly, further, the Council does hereby authorize the release to John Decina Development Co , 8995 Cardwell , Livonia, Michigan 48150, the proprietor of the Dorina Estates Subdivision, of the financial assurances previously deposited with respect to Sidewalk Improvements in the amount of $1 ,400 00 cash, and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia #62-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated January 2, 1991 , wherein it is recommended that all fees for obtaining building and soil erosion control permits from the City of Livonia be waived in connection with the construction of the North Huron Valley - Rouge Valley Wastewater Control System Inkster Arm Retention Facility, the Council does hereby concur in and approve of such action #63-91 RESOLVED, that having considered the report and recommendation of the City Engineer dated January 11 , 1991 , the Council does hereby authorize the release to Victor International Corporation, 27400 Northwestern Highway, Suite 400, Southfield, Michigan 48034, of the $75,000 00 Irrevocable Letter of Credit which was posted pursuant to Council Resolution 26274 375-89 adopted on April 26, 1989, to guarantee completion of street improvements in the Victor International Site located in Section 6, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer that all of these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia. 164-91 RESOLVED, that having considered a communication from the City Planning Commission dated January 9, 1991 which transmits its Resolution 1-2-91 , adopted on January 8, 1991 with regard to Petition 90-10-3-10, submitted by Philip Barth, requesting the vacating of a portion of Surrey Avenue north of Schoolcraft Road in the Southeast 1/4 of Section 21 , the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 90-10-3-10, subject to the retention of a full-width easement for existing utilities, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution #65-91 RESOLVED, that having considered the report and recommendation of the Mayor dated January 2, 1991 , to which is attached a communication from the Chief of Police dated timo December 10, 1990, and submitted pursuant to Council Resolution 1029-90 in connection with a request for a waiver of fees submitted on behalf of the Clarenceville Middle School for a carnival which is to take place at Clarenceville Middle School on April 18-21 , 1991 , the Council does hereby determine to waive fees with regard to necessary Police protection which is to be provided, as set forth in the attached recommendation of the Chief of Police, but to deny this request with regard to fees for carnival permits, as well as for trash pickup and the use of a dumpster. 166-91 RESOLVED, that having considered a communication from the Department of Law, dated January 7, 1991 , transmitting for Council acceptance a quit claim deed dated December 28, 1990, executed by Ralph A Sitler and Marilyn A. Sitler, his wife, conveying to the City certain property described as follows• The North 60 feet of the following described parcel That part of the N W. 1/4 of Section 10, T 1S , R.9E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the North line of said section, distant N 89° 34' East, 1679.55 ft from the N.W corner of Section 10 and proceeding thence S 0° 25' East, 335 0 ft. , thence N 89° 34' East, 100.0 ft ; thence N 0° 25' West, 335.0 ft. to the North line of Section 10, thence S. 89° 34' West along said line 100.0 ft to the Point of Beginning. (Seven Mile Road Right-of-Way) 26275 116, 038-99-0012-000 subject to the understanding that the City of Livonia bear the expense of future sidewalk and street improvements, the Council does hereby determine, for and on behalf of the City of Livonia, to accept the aforesaid quit claim deed; and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, further, the City Assessor is hereby requested to have this property removed from the tax rolls and to show the same as City-owned and tax exempt, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a proper deed of conveyance of the above described Seven Mile Road right-of-way to the County of Wayne. 167-91 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated January 4, 1991 , which bears the signature of the Director of Community Resources, approved by the Finance Director and approved for submission by the Mayor, with regard to the renewal of the contract between the City of Livonia and Suzanne Daniel , a member of the Livonia Historical Commission, as designated by the Commission, lbw authorizing the purchase by this member of artifacts and furnishings, the Council does hereby authorize the said extension in the manner and form herein recommended for a one y 'ar period, the said one year extension to be based upon the same terms and conditions as those which are set forth in a contract dated June 18, 1986, which contract was previously authorized in Council Resolution 536-86, adopted on June 4, 1986, and thereafter authorized to be renewed in Council Resolution 488-87, adopted on June 3, 1987 , in Council Resolution 543-88, adopted on June 22, 1988, and in Council Resolution 883-89 adopted on September 25, 1989, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said contract extension, which contract shall be prepared by the Department of Law in accordance with the action taken herein. 168-91 RESOLVED, that having considered the report and recommendation of the Director of Community Resources dated January 2, 1991 , with regard to grants received from the Senior Alliance and the requirements that the City provide its matching share for 1991 , the Council does hereby authorize the payment of the sum of $4,193 00 to The Senior Alliance from funds previously appropriated for this purpose 169-91 RESOLVED, that having considered the report and ibm recommendation of the Director of Community Resources and the Director of Public Works dated January 15, 1991 , approved by the Finance Director and approved for submission by the Mayor, 26276 lipthe Council does hereby authorize the renovation of the old Civic Center Maintenance Storage Building which is located adjacent to The Golden Lantern Restaurant for future use by the Livonia Youth Assistance Program, and the Department of Public Works is hereby authorized to prepare specifications and thereafter taken competitive bids for this purpose in conjunction with the Director of Inspection (inspection and oversight) ; and the Council does hereby appropriate a sum not to exceed $55,000.00 from the Unexpended Fund Balance Account for this purpose. #70-91 RESOLVED, that having considered a communication from the Cable Television Commission, dated January 15, 1991 , approved by the Director of Community Resources and approved for submission by the Mayor, and which transmits its resolution 170-91 wherein it is recommended that the allocation of public access channels shall be continued as follows Channel Designation 3 Community Bulletin Board 8 City Channel 13 Community Programming 15 Education programming K-12 liw (Shared by Livonia and Clarenceville) 16 Education Programming Post-Secondary (Shared by Madonna & Schoolcraft College) 23 M-STAR 49 College Cable 50 Working Channel 51 Catholic Television Network (CTN) and Eternal Word Television Network (EWTN) the Council does hereby concur in and approve of such action. 171-91 RESOLVED, that having considered a letter from the City Clerk dated January 4, 1991 , and having also considered an application and affidavit from Patrick J Tavolacci dated January 16, 1991 , and in accordance with the provisions of Section 30a of 1963 PA 65 (MCL 168.30a), as amended, the Council does hereby appoint Patrick J. Tavolacci , 18415 University Park, Livonia, Michigan 48152, as the Democratic member of the Board of Canvassers of the City of Livonia for a term expiring December 31 , 1993. #72-91 RESOLVED, that having considered a report and recommendation from the Council President dated January 16, Imo1991 , where it is recommended that the City Council establish a Business Retention Committee, the purpose of which would be to promote and develop a strategy to assist businesses wishing 26277 lbwto locate or expand their facilities in the City of Livonia in coordination with the Mayor, Economic Development Commission, Planning Commission, Chamber of Commerce and various other groups, the Council does hereby concur in and approve of such action. 173-91 RESOLVED, that having considered a communication from the Personnel Director dated December 12, 1990 with regard to the status of employee benefits for employees who are in the United States Armed Services Reserves and who have been called to active duty, the Council does hereby refer this item to the Mayor, Law Department and Civil Service Commission for their respective reports and recommendations, including a comparison of Champus versus City coverage. 174-90 RESOLVED, that having considered a communication from the Hearing Officer (Director of Building Inspection) , dated January 10, 1991 , approved for submission by the Mayor, with respect to a request to demolish a building 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 160 and a hearing having been conducted by the Hearing Officer on November 8, 1990, at the conclusion of which, based upon the testimony and evidence presented, it having been the determination of the Hearing Officer that the said structure should be demolished inasmuch as it represents a hazard and danger to the public health, safety and welfare, the Council does hereby determine, in accordance with the provisions set forth in Section 15.52.140 of the Livonia Code of Ordinances, that a hearing shall take place before the City Council of the City of Livonia on Wednesday, March 13, 1991 , at 7 30 p.m. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan, FURTHER, the City Clerk is hereby requested to, no less than ten (10) days prior to the aforesaid date of the said hearing, cause to have a notice in writing of the aforesaid hearing to be mailed by certified mail , return receipt requested, addressed to the owner or agent thereof, or person in control of such building or structure and the mortgagee of record or lienholders of record, and if no such party or parties can be located, then the notice shall be directed to each owner of or party in interest in the building or structure in whose name the property appears on the last local tax assessment records, LimAND FURTHER, the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution. 26278 #75-91 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, March 13, 1991 at 7:30 P.M. at the City Hall , 33000 Civic Center Drive, Livonia, Michigan with respect to the following items (1 ) Petition 90-11-1-33, submitted by the City Planning Commission on its own motion to rezone 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, the City Planning Commission in its resolution 1-3-91 having recommended to the City Council that Petition 90-11-1-33 be approved, and (2) 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, the City Planning Commission in its resolution 1-8-91 having recomrended to the City Council that Petition 90-12-6-10 be 11. approved; FURTHER, THE City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolutions with the following result: AOYnESa mojtuirocnisbiy:caillam'anF:eurirsctirsai:,Toy'seBciosnhdoe:loourncainlcima7F:tetnesrt.ra, NAYS: None. 1.1 and unanimously adopted, it was 26279 1,20 176-91 RESOLVED, that having considered a letter from the President of the Livonia Anniversary Committee, Inc. , dated December 17, 1990 wherein it is requested that the following City streets be closed to traffic from 8.00 A.M. , June 24, 1991 through 12.00 noon, July 1 , 1991 Stark Road from the Family Y, 14255 Stark to Lyndon Lyndon from Farmington Road to Stark Road the Council does hereby concur in and grant this request in the manner and form herein submitted On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was 177-91 RESOLVED, that having considered a letter from the President of the Livonia Anniversary Committee, Inc , dated December 17, 1990, which submits a request for approval of the following items 1 The issuance of a permit to W.G Wade Shows to conduct losacarnival amusement rides at Henry Ford Field, as part of this year' s Spree ' 41 ' celebration, on June 25, 26 and 27, 1991 from 3 00 P M. to Midnight and June 28, 29 and 30, 1990 from 12 00 Noon to Midnight. 2. The issuance of a permit to the Anniversary Committee to conduct a circus on June 25-30, 1991 at Ford Field, 3. Authorization of the Anniversary Committee to conduct a fireworks display to be held at Veterans Park on Sunday, June 30, 1991 , at10 00 P M , which display will be fired by American Fireworks, subject to providing liability insurance for this event, and subject to the City of Livonia and the Livonia Anniversary Committee, Inc being designated as additional insured on their policy, 4. Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at the Henry Ford Field, Veterans Park and the Eddie Edgar Arena during the period of the Spree '41 ' celebration, and 5. A waiver of all fees prescribed by ordinance or law with respect to items 2, 3 and 4 above, as well as a waiver of all vendor' s license fees for community organizations and/or groups authorized to participate in Spree '41 ' by the Anniversary Committee, 26280 L 6. Authorization to place 4' x 8' Spree Signs (may be double-sided) on the following publicly-owned property from June 15, 1991 through July 1 , 1991 : a. Ford Field b. Eight Mile Road facing West (Newburgh near Greenmead) c. Eight Mile Road facing East (Newburgh near Greenmead) d. Six Mile Road near Hubbard (Rotary Park) e. Seven Mile Road near Wayne Road (Bicentennial Park) f. Plymouth Road at Noble Library near parking lot g. Five Mile Road on island in front of City Hall h. Seven Mile Road at Carl Sandburgh Library i . Senior Citizens Center at Farmington Road and Five Mile Road j. Senior Citizens Center at Plymouth Road and Shelden Center k. Sesquicentennial Park at Plymouth Road and Inkster Road the Council does hereby approve and concur in the foregoing requests and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution. On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #78-91 RESOLVED, that the Council does hereby refer to the Legislative Committee for its report and recommendation the question of the application of Section 2.04.120 of the Livonia Code of Ordinances. On a motion by Councilman Bishop, seconded by Councilman Ochala, it was RESOLVED, that having considered the report and recommendation of the Mayor dated January 2, 1991 , to which is attached a report and recommendation from the Chief of Police dated September 27, 1990 in connection with a letter of application from ABC Cab, P.O. Box 653, Farmington, MI 48332, dated August 27, 1990, for a taxicab license to operate 15 cabs to be located at 36977 Amrhein, Livonia, MI 48150, and having also considered a letter from Yellow & Red Cab Company, 31376 Industrial , Livonia, MI 48150, dated September 14, 1990, in opposition thereto, the Council does hereby determine to IN• deny the request from ABC Cab Company for the reasons indicated in the aforesaid communication from the Mayor. 26281 On a motion by Councilman Taylor, seconded by Councilman Feenstra, Iwo it was #79-91 RESOLVED, that having considered the report and recommendation of the Mayor dated January 2, 1991 , to which is attached a report and recommendation from the Chief of Police dated September 27, 1990 in connection with a letter of application from ABC Cab, P.O. Box 653, Farmington, MI 48332, dated August 27, 1990, for a taxicab license to operate 15 cabs to be located at 36977 Amrhein, Livonia, MI 48150, and having also considered a letter from Yellow & Red Cab Company, 31376 Industrial , Livonia, MI 48150, dated September 14, 1990, in opposition thereto, the Council does hereby refer this item to the Study Session to be conducted on February 11 , 1991 for further consideration. A roll call vote was taken on the resolution to refer with the following result: AYES. Jurcisin, Feenstra, Taylor and McCotter. NAYS• Ochala, Toy and Bishop The President declared the referral resolution adopted. fro . On a motion by Councilman Jurcisin , seconded by Councilman Taylor, and unanimously adopted, it was 180-91 RESOLVED, that having considered a communication from the City Assessor, dated January 3, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, and in accordance with Chapter VIII , Section 6 of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for The Board of Review to conduct public hearings in 1991 FIRST SESSION Tuesday March 5, 1991 9:00 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Wednesday March 6, 1991 9:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Friday March 8, 1991 9 30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Saturday March 9, 1991 9:30 a.m - 2:00 p.m. SECOND SESSION Monday March 11, 1991 2:00 p.m. - 8:00 p.m. Tuesday March 12, 1991 9:30 a.m. - 12:30 p.m. 1:30 p.m - 4:30 p.m. WednesdayImo March 13, 1991 9:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Friday March 15, 1991 9:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Saturday March 16, 1991 9:30 a m. - 2:00 p.m. Monday March 18, 1991 2:00 p.m. - 8:00 p.m. Tuesday March 19, 1991 9 30 a m - 12:30 p m. 1 :30 p m. - 4:30 p.m. Wednesday March 20, 1991 9 30 a m. - 12:30 p.m. 1 30 p.m - 4:30 p.m. Friday March 22, 1991 9 30 a.m. - 12:30 p.m 1 30 p.m. - 4:30 p m. Saturday March 23, 1991 9 30 a m - 2 00 p m 26282 SECOND SESSION Monday March 25, 1991 2:00 p.m. - 8:00 p.m. Tuesday March 26, 1991 9:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Wednesday March 27, 1991 9:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Thursday March 28, 1991 9:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Monday April 1, 1991 9:30 a.m. - 12:30 p.m. 1:30 p.m. - 4:30 p.m. Further, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120.00 for the Chairperson and $100.00 for other members. Pursuant to Public Act No. 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S.E.V. ) for the year 1991. CLASS RATIO S.E.V FACTOR (MULTIPLIER) Agricultural 47.52 1.0522 Commercial 47.76 1.0470 Industrial 48 33 1.0346 Residential 46.51 1.0751 Personal 50 00 1.0000 On a motion by Councilman Jurcisin , seconded by Councilwoman Toy, and unanimously adopted, it was #81-91 RESOLVED, that the Council does hereby refer to the Committee of the Whole the subject of the City' s protest of the S.E.V. Factor as established by the County of Wayne. Councilman Ochala took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 90-9-3-9) A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Jurcisin, Ochala, Toy, Bishop, Taylor and McCotter. NAYS: Feenstra. The President declared the Ordinance duly adopted, and would be official on publication. 26283 LAt the direction of the Chair, the Roll Call on the Proposed Amendment to Zoning Ordinance, Department of Law, re Petition 90-8-1-19 by Lendrum-Ronayne Development Co. for a change of zoning on property located on the north side of Joy Road between Stonehouse and Newburgh in the Southwest 1/4 of Section 31 , from R-7 to R-1 was removed from the Agenda. Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 2 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 (Petition 90-8-1-20) A roll call vote was taken on the foregoing Ordinance with the following result L AYES Jurcisin, Ochala, Feenstra, Toy, Bishop, Taylor and McCotter. NAYS. None. The 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 #82-91 RESOLVED, that having considered a letter from the administrator of the Angela Hospice Home Care, Inc , 36995 Five Mile Road, Livonia, Michigan 48154, dated January 21 , 1991 , with regard to its Third Annual Golf Outing to be conducted on June 5, 1991 at the Fox Creek Golf Course, the Council does hereby authorize the waiver of all greens fees in connection with this event, and the request for the waiver of cart fees is hereby referred to the Golf Pro On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, Iwo and unanimously adopted, it was 26284 #83-91 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated November 19, 1990, and the report and recommendation of the Chief of Police dated January 4, 1991 , the Council does hereby approve of the request from Kenneth J. Bashara and Suzanne M. Bashara, stockholders in Wonderland Lanes, Inc. , to transfer ownership of 1990 Class C Licensed Business with Official Permit (Bowling) and A-Concourse Permit from JB#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 On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, it was RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 9, 1990, and the report and recommendation of the Chief of Police, dated January 8, 1991 , the Council does hereby approve of the request from Gregory M. Turner, stockholder in G & M Satellite Systems, Inc to transfer ownership of a 1990 Class C Licensed Business from Bar of Livonia, Inc. , which business is located at 34101 Plymouth, Livonia, Michigan 48150, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. On a motion by Councilman Ochala, seconded by Councilman Bishop, it was #84-91 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 9, 1990, and the report and recommendation of the Chief of Police, dated January 8, 1991 , with regard to the request from Gregory M Turner, stockholder in G & M Satellite Systems, Inc. to transfer ownership of a 1990 Class C Licensed Business from Bar of Livonia, Inc , which business is located at 34101 Plymouth, Livonia, Michigan 48150, Wayne County, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the resolution to refer with the following result• AYES• Ochala, Feenstra, Bishop and Taylor. NAYS: Jurcisin, Toy and McCotter. The President declared the referral resolution adopted 26285 On a motion by Councilman Ochala, seconded by Councilwoman Toy, it was #85-91 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks & Recreation dated January 7, 1991 , approved by the Director of Finance and approved for submission by the Mayor and which transmits Parks & Recreation Commission resolution 2102-90 which recommends increases in various program fees and charges as set forth in the attachment, the Council does hereby concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result• AYES. Jurcisin, Ochala, Toy, Bishop, Taylor and McCotter. NAYS. Feenstra The President declared the resolution adopted. On a motion by Councilman Taylor, seconded by Councilwoman Toy, nd unanimously adopted, it was 186-91 RESOLVED, that having considered a communication from the City Assessor, dated December 27, 1990, approved for submission by the Mayor, with regard to a request from Leo Soave Building Company, 34822 Pembroke, 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 and combination of Tax Item Nos 124 01 0283 001 through 124 01 0291 001 into five parcels, the legal descriptions of which shall read as follows LOT 283 AND THE N. 11 .90 FT OF LOT 284 ALSO THE S 1/2 ADJ VAC ALLEY THE S 28.10 FT OF LOT 284, ALL OF LOT 285 AND THE N 8 90 FT OF LOT 286 THE S 31 10 FT OF LOT 286, ALSO LOT 287 AND THE N. 59 90 FT OF LOT 288 THE S 34 10 FT OF LOT 288, ALSO LOT 289 AND THE N 2 90 FT OF LOT 290. Ibm THE S 37.10 FT OF LOT 290 AND ALSO LOT 291 . GOLDEN RIDGE SUB NO 1 T1S R9E L62 P94 WCR 26286 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 Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was 187-91 RESOLVED, that having considered a communication from the City Assessor, dated December 27, 1990, approved for submission by the Mayor, with regard to a request from Mr. Paul Dobbs, 16083 Southampton, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing and combining Tax Item Nos. 064 01 0536 000 and 064 01 0539 000 into two parcels since the same would be in violation of the City' s zoning ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice. On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and unanimously adopted, it was #88-91 RESOLVED, that having considered the report and recommendation of the City Engineer, the Superintendent of Parks & Recreation and the Director of Public Works dated January 9, 1991 , which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the employment of C.J. Colein and Associates, Inc. , Irrigation Design Consultants, 817 Main Street, Rochester, Michigan 48063 to prepare preliminary design drawings and final plans and specifications for the taking of bids for the Idyl Wyld Golf Course irrigation system to provide complete field inspection throughout the project and to prepare the as-built plans for the irrigation system, for a price not to exceed $14,000 00, the same to be appropriated and expended from the Idyl Wyld Golf Course Capital Improvement Fund, further the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04 140D2 and 5 of the Livonia Code of Ordinances, as amended, 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 Irrigation Design Consultant, as well as to do all other things necessary or incidental to the full performance of this resolution 26287 On a motion by Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was 189-91 RESOLVED, that having considered the report and recommendation of the City Engineer, the Superintendent of Parks & Recreation and the Director of Public Works dated January 10, 1991 , approved by the Finance Director, and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Terra Construction Inc. , 6838 Swartout, Algonac, Michigan 48001 for the Idyl Wyld Golf Course Pond Construction (Contract 91-D) for the estimated total cost of $59,444.00 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 the sum of $59,444.00 for this purpose from the Idyl Wyld Golf Course Capital Improvement Fund, 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 Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was 190-91 RESOLVED, that having considered a communication from the City Planning Commission dated November 26, 1990 which transmits its resolution 11-495-90, adopted on November 13, 1990 with regard to a sign permit application submitted by Townsend Neon Inc for Big Boy Restaurant to erect a wall sign at its new location in the Wonderland Center, the Council does hereby concur with the Planning Commission and approve the said sign permit application subject to compliance with the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilwoman Toy, seconded by Councilman Bishop, it was 191-91 RESOLVED, that having considered the report and recommendation of the Director of Finance dated January 14, Imw1991 , approved for submission by the Mayor, and to which is attached the annual membership notice from the Southeast Michigan Council of Governments for the calendar year commencing January 15, 1991 , in the amount of $10,300 00, the Council does hereby 26288 approve payment of same in the manner and form herein submitted A roll call vote was taken on the foregoing resolution with the following result. AYES. Jurcisin, Ochala, Toy, Bishop, Taylor and McCotter. NAYS Feenstra. The President declared the resolution adopted. Communications from the Mayor and the City Engineer, dated respectively January 2 and January 7 of 1991 , re the Street Improvement Project for Bethany, Northland and St Martins (SAD 325) were received and placed on file for information of the Council On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was 192-91 RESOLVED, that having considered a communication from the Council President dated January 16, 1991 , as well as a report from the Mayor dated January 2, 1991 and a report from the City Engineer dated January 7, 1991 , with regard to the need, if any, for a new S A.D. roll to be prepared for the street improvement project for Bethany, Northland and St Martins (S A.D. 325) due to a new drive approach which was constructed on to Bethany Avenue from the shopping center which is located on the west side of Seven Mile Road, north of Newburgh Road, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation. On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was 193-91 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 354, more particularly described in Council Resolution 1001-90 adopted on October 24, 1990, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed on 26289 Mayfield Avenue, north of Seven Mile Road, in the Southwest 1/4 of Section 3, in said Special Assessment District No. 354, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of 100 watt high pressure sodium street lights on colonial post tops with underground wiring and that the assessments set forth in said Special Assessment District No. 354 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council , said Special Assessment Roll No. 354 based on installation of 100 watt high pressure sodium street lights with underground wiring on colonial post tops is hereby approved and confirmed in all respects, pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll , and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. Ihm On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #94-91 RESOLVED, that having considered the report and recommmendation of the Director of Community Resources dated December 21 , 1990, 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 a cash donation in the amount of $225 00 from Livonia Towne Club, the same to be deposited in and credited to Account 702-000-285-215 for use in the Livonia Youth Assistance Program. On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #95-91 RESOLVED, that having considered the report and recommmendation of the Director of Community Resources dated January 7, 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 a cash donation in the amount of $600 00 from the Livonia Heart Fund, the same to be deposited in and credited to Account 702-000-285-216 for use in the Senior Citizen Lunch Program 26290 On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #96-91 RESOLVED, that having considered the report and recommmendation of the Director of Community Resources dated January 7, 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 a grant in the amount of $20,000.00 from the Dayton-Hudson Foundation on behalf of the Target Stores, the same to be deposited in and credited to Account 702-000-285-215 for purchase of Capital Outlay Equipment for the Livonia Youth Assistance Program. On a motion by Councilman Bishop, seconded by Councilman Jurcisin, and unanimously adopted, it was 197-91 RESOLVED, that having considered the report and recomrrmendation of the City Librarian dated January 8, 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 a $250.00 cash grant from The Michigan Council for the Humanities for a Touring Arts Program as well as a $300.00 cash donation from the Livonia Jaycees for the purpose of buying children' s books for the Livonia Civic Center Library On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #98-91 RESOLVED, that having considered the report and recommmendation of the Director of Community Resources dated January 14, 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 a cash grant in the amount of $4,000.00 from the Target Stores , the same to be deposited in and credited to Account 702-000-285-215 for activities in the Livonia Youth Assistance Program. On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #99-91 RESOLVED, that having considered the report and recommmendation of the Director of Community Resources dated January 17, 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 from the sources listed in the aforesaid communication, the said amount to be 26291 deposited in and credited to Account 702-000-285-216 for activities in the Senior Citizen Program. On a motion by Councilwoman Toy, seconded by Councilman Ochala, and unanimously adopted, this 1 ,193rd Regular Meeting of the Council of the City of Livonia was adjourned at 9.00 P.M. , January 28, 1991 . Rober't F. Nash, City Clerk"/Lt 160 lim