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HomeMy WebLinkAboutCOUNCIL MINUTES 1991-04-17 26412 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND NINETY-NINTH REGULARICKgr1NG OF THE COUNCIL OF THE CITY OF LIVONIA On April 17, 1991, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8 03 P.M. Councilman Jurcisin delivered the invocation. Roll was called with the following result: Present: Dale Jurcisin, Ron Ochala, Fernon P. Feenstra, Laura Toy, Robert R. Bishop, Gerald Taylor and Joan McCotter Absent: None Elected and appointed officials present: Robert F. Nash, City Clerk; Harry Tatigian, City Attorney; Raul Galindo, City Engineer; John Nagy, Planning Director; Karen A Szymula, Director or Legislative Affairs; Suzanne Wisler, Director of Community Resources; Lee B Grieve, Chief of Police and David N Preston, Director of Finance. On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted*, it was #301-91 RESOLVED, that the minutes of the 1,198th Regular Meeting of the Council of the City of Livonia, held April 3, 1991 are hereby approved. *Councilmen Jurcisin and Ochala abstained from voting which is recorded as a "yes" vote under the provisions of Section 2.04. 190B of the Livonia Code of Ordinances #302-91 On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was RESOLVED, that the Council does hereby amend and revise Council Resolution 297-91 adopted on April 3, 1991 with regard to the proposed sign plans submitted in behalf of JTL, Inc , the tenant L of Fox Creek Clubhouse Restaurant, so as to delete from the said resolution condition No. 2; FURTHER, the Council does hereby refer to the Committee of the Whole for its report and recommendation the subject of the proposed signage on the Clubhouse building. 26413 A communication from the Director of Finance, dated March 27, 1991 forward- ing various financial statements of the City of Livonia for the month ending February 28, 1991 was received and placed on file for the information of the Council. On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was #303-91 RESOLVED, that having considered the letter from St. Andrew's Episcopal Church dated March 19, 1991, which requests permission to place signs announcing the annual church garage sale to be conducted on Friday and Saturday, April 19 and 20, 1991, which signs are 4' X 6' in size and which will be located on the Northeast corner of Five Mile and Hubbard Roads and the Northeast corner of Six Mile and Hubbard Roads, the Council does hereby grant and approve this request in the manner and form herein submitted #304-91 RESOLVED, that having considered the communication from the Historical Commission dated March 19, 1991, approved by the Finance Director and approved for submission by the Mayor, with regard to the Fourth Americana Craft Show to be conducted at Greenmead on Saturday, August 24, 1991 and Sunday, August 25, 1991, the Council does hereby authorize the charging of a $35 00 fee for each craft booth space, as well as the waiver of the $1 00 transient merchants license fee in connection with this event #305-91 RESOLVED, that having considered a letter from the Treasurer of the Suburban West Business and Professional Women, 37083 Vargo, Livonia, Michigan 48152, dated March 21, 1991, which indicates that it will be conducting a Bingo fundraiser at the Livonia Spree on Thursday evening, June 27, 1991, the proceeds of which will help to establish a scholarship fund to help educate deserving members of the community, the Council does hereby take this means to indicate that the Suburban West Business and Profes- sional Women is recognized as a non-profit organization operating in the community, the action herein being taken for the purpose of affording the Suburban West Business and Professional Women an opportunity to obtain a gaming license from the State of Michigan in accordance with provisions of State Statute. #306-91 RESOLVED, that having considered Petition 91-3-3-2, submitted by George Zammit, 19349 Fitzgerald, Livonia, Michigan, dated March 28, 1991, wherein a request is submitted for the vacating of Haldane, adjacent to his property, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with law and City Ordinance L 26414 #307-91 RESOLVED, that having considered a letter from Kathleen A. Fitzgerald, 9917 Cranston, Livonia, Michigan 48150, dated March 26, 1991, requesting permission to close Cranston between Elmira and Orangelawn on Monday, May 27, 1991, from 12 noon until 8:00 p.m. for the purpose of conducting an annual Memorial Day Block Party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #308-91 RESOLVED, that having considered a letter from Peter M. Canilao, 26070 Dover, Redford, Michigan 48239, dated March 28, 1991, wherein it is requested that the City of Livonia convey Lot 36 of Horton's Newburgh Subdivision to Mr. Canilao upon pay- ment of delinquent taxes, interests, penalties and costs, the Council does hereby refer this item to the Department of Law for its report and recommendation. #309-91 WHEREAS, there exists in and for the City of Livonia (the "City"), an imperative need to acquire and construct fire station improvements in the City, together with all site improve- ments, equipment, furnishings and appurtenances and attachments therefor hereinafter in the attached Contract of Lease (the "Contract") more particularly set forth (the "Improvements"); and WHEREAS, this City Council has determined, and does hereby reaffirm, that it is necessary for the public health, safety and welfare of the City to acquire the Improvements for the use of the City; and WHEREAS, Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended, provides through the procedures of building authority financing a means for the acquisition, construction and financing of the Improvements; and WHEREAS, the City, in accordance with the provisions of said Act 31, as amended, has previously adopted Articles of Incorpor- ation and has established the Municipal Building Authority of Livonia (the "Authority"), with full powers to acquire, construct and equip the Improvements; and WHEREAS, this City Council determines it to be in the best inter- est of the City to acquire, construct and finance the Improvements through the Authority in accordance with the provisions of said Act 31, as amended; and WHEREAS, a Contract between the City and the Authority providing for the acquisition, construction, equipping and financing of the Improvements and such matters as are deemed necessary thereto lw. has been prepared. 26415 NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council hereby determines it to be necessary for the public health, safety and welfare of the City to acquire and construct the Improvements as set forth in the Contract attached to this resolution for the use of the City. 2. This City Council deems it to be in the best interest of the City to finance the cost of the Improvements through the Authority in accordance with the provisions of the aforesaid Act 31, as amended. 3. This City Council hereby approves the Contract for the acquisition, construction and financing of the Improve- ments, as hereto attached. 4. The Mayor and City Clerk of the City are authorized to execute immediately and deliver to the Authority the Contract approved by this resolution. The Contract shall become effective upon the expiration of forty-five (45) days following the date of publication of the Notice of Intent to enter into Tax Supported Contract of Lease, unless, under the provisions of Section 8(b) of said Act 31, as amended, the effectiveness of the Contract is stayed by reason of the filing of a petition for referendum thereon and the resultant necessity of prior approval there- of by the qualified electors of the City 5. The City Council does hereby ratify and confirm its covenant in the aforesaid Contract to levy ad valorem taxes against all taxable property in the City to the extent necessary to meet the obligations of the City thereunder in the event revenues from other sources, incliding the operation of the Improvements, are insuf- ficient for any reason whatsoever. Any such taxes levied to pay the Cash Rental under said Contract shall be limited as to rate or amount in the manner provided by law. 6. Ail resolutions and parts of resolutions insofar as the same conflict with the provisions of this resolution be and the same hereby are rescinded #310-91 WHEREAS, there exists in and for the City of Livonia, (the "City"), an imperative need to acquire, construct, furnish and equip additions, improvements and renovations to the City's existing Court Facilities, together with all appurtenances and attachments therfor as hereinafter in the attached Contract of Lease (the "Contract") more particularly set forth (the "Improvements"); and WHEREAS, this City Council has determined, and does hereby reaffirm, that it is necessary for the public health, safety and welfare of the City to acquire the Improvements for the use of the City; and 26416 WHEREAS, Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended, provides through the procedures of building authority financing a means for the acquisition, construction and financing of the Improvements; and WHEREAS, the City, in accordance with the provisions of said Act 31, as amended, has previously adopted Articles of Incorporation and has established the Municipal Building Authority of Livonia (the "Authority"), with full powers to acquire, construct and equip the Improvements; and WHEREAS, this City Council determines it to be in the best interest of the City to acquire, construct and finance the Improvements through the Authority in accordance with the provisions of said Act 31, as amended; and WHEREAS, a Contract between the City and the Authority providing for the acquisition, construction, equipping and financing of the Improvements and such matters as are deemed necessary thereto has been prepared. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council hereby determines it to be necessary for the public health, safety and welfare of the City to acquire and construct the Improvements as set forth in the Contract attached to this resolution for the use of the City 2 This City Council deems it to be in the best interest of the City to finance the cost of the Improvements through the Authority in accordance with the provisions of the aforesaid Act 31, as amended. 3. This City Council hereby approves the Ccnzrzct for the acquisition, construction and financing cf the Improve- ments, as hereto attached. 4 The Mayor and City Clerk of the City are authorized to execute immediately and deliver to the Authority the Contract approved by this resolution. The Contract shall become effective upon the expiration of forty-five (45) days following the date of publication of the Notice of Intent to enter into Tax Supported Contract of Lease, unless, under the provisions of Section 8(b) of said Act 31, as amended, the effectiveness of the Contract is stayed by reason of the filing of a petition for referen- dum thereon and the resultant necessity of prior approval thereof by the qualified electors of the City. 16. 5 The City Council does hereby ratify and confirm its covenant in the aforesaid Contract to levy ad valorem taxes against all taxable property in the City to the extent necessary to meet the obligations of the City _ _ 26417 thereunder in the event revenues from other sources are insufficient for any reason whatsoever. Any such taxes levied to pay the Cash Rental under said Contract shall be limited as to rate or amount in the manner provided by law. 6. All resolutions and parts of resolutions insofar as the same conflict with the provisions of this resolution be and the same hereby are rescinded. #311-91 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 27, 1991, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase from Mike Savoie Chevrolet, P.O. Box 520, Troy, MI 48099-0520 of a marked Police vehicle for a total price of $14,817. 12, the same to be appropriated and expended from insurance proceeds which will be utilized to fund this purchase; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low Cooperative Purchasing Program of Oakland County bid price, as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3.04 140D5 of the Livonia Code of Ordinances, as amended. #312-91 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 28, 1991, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize the purchase from Mike Savoie Chevrolet, P.O Box 520, Troy, MI 48099-0520 of one unmarked Police vehicle for a total price of $14,220.16; FURTHER, the Council does hereby authorize the purchase of a second unmarked Police vehicle from Red Holman Pontiac-GMC, 35300 Ford Road, Westland, MI 48185 for a total price of $13,923.20, the foregoing sums to be appropriated and expended from the Capitol Projects Fund; FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same are based upon the low Oakland County Cooperative Pur- chasing Program bid price, as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3.04.140D5 of the Livonia Code of Ordinances, as amended. #313-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated April 2, 1991, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Mulville & Sons, Inc , 1545 E. Nine Mile Road, Ferndale, ther Michigan 48220, for providing the Public Service Division (Building Maintenance Section) with window cleaning service for the Livonia Municipal Administrative Building at a cost of $1,650.00 per cleaning, and the Civic Center Library at a cost of $3,250 00 per cleaning, the same having been in fact the lowest bid received and meets all specifications 26418 #314-91 RESOLVED, that having considered a communication from the Water and Sewer Board dated March 27, 1991, approved by the Director of Finance and approved for submission by the Mayor, and which transmits its resolution WS 2919 3/91, the Council does hereby accept the bid of Jack Doheny Supplies, Inc. , 777 Doheny Court, P.O. Box 609, Northville, Michigan 48167, for supplying the Public Service Division (Sewer Maintenance Section) with one (1) high-pressure combination jet rodding machine and catch basin cleaner for a total price of $191,925.00, the same having been in fact the lowest bid received which meets specifi- cations. #315-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated April 2, 1991, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize a one-year extension to the Contract between the City of Livonia and Allied Communications, 21125 Northwestern Highway, South- field, Michigan 48075-5000, for maintaining the City of Livonia telephone system on the basis of the same monthly rate that was previously authorized in the amount of $1,531.35, for the period June 1, 1991 through May 31, 1992; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3.04 140D5 of the Livonia Code of Ordinances, as amended #316-91 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated April 2, 1991, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize a one-year extension to the Agreement between the City of Livonia and Allied Communications, 21125 Northwestern Highway, Southfield, Michigan 48075-5000 for maintaining the 911 equipment for the period June 1, 1991 through May 31, 1992, on the basis of the same terms and conditions which are set forth in the contract extension which was authorized in Council Resolution 542-90 adopted on June 13, 1990; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended. #317-91 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Inspection dated March 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 Pritula & Sons Excavat- ing, 28355 Beverly Road, Romulus, MI 48174, for the 1991 Weed Cutting Program for the estimated total cost of $59,800.00, 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 advance in the contract amount from the Municipal Refuse Fund 26419 Account for the purpose of making payments to the contractor as he completes the work, with the provision that the Municipal Refuse Fund Account be reimbursed as bills for weed cutting are collect- ed; and the Director of Inspection is hereby authorized to approve minor adjustments as may be required to complete the contract; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the afore- said bidder and to do all other things necessary or incidental to the full performance of this resolution. #318-91 RESOLVED, that having considered the report and recom- mendation of the City Engineer, dated March 22, 1991, approved for submission by the Mayor, the Council does hereby authorize the release to Regency Circle Associates, Mr Richard M. Lewiston, 21790 Coolidge Highway, Oak Park, MI 48237, the proprietor of the Regency Circle Subdivision, located in the Southwest 1/4 of Section 31, of the financial assurances previously deposited with respect to the general improvements in the amount of $2,000.00 cash, and soil erosion in the amount of $2,000.00 cash, pursuant to Council Resolution 57-88, and subsequently amended in Council Resolutions 738-88 and 881-89; further, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged; and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfac- torily installed in accordance with the rules and regulations and ordinances of the City of Livonia. #319-91 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 25, 1991, approved by submission by the Mayor, the Council does hereby authorize the release to RD Development Associates, Mr Richard M. Lewiston, 21790 Coolidge Highway, Oak Park, MI 48237, proprietor of Regency Circle Subdivision, located in the Southwest 1/4 of Section 31, of the financial assurances previously deposited with respect to the general improvements in the amount of $6,500.00 ($3,000 00 minimum cash), sidewalk improvements in the amount of $6,000.00 ($2,000 00 minimum cash), soil erosion in the amount of $2,000 00 cash, and monument-marker improvements in the amount of $850 00 cash pursuant to Council Resolution 884-88, and subsequently amended in Council Resolutions 258-89 and 880-89; further, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged; and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordin- ances of the City of Livonia. imm 26420 Ilm #320-91 RESOLVED, that having considered the report and recommendation of the City Engineer, Director of Building Inspec- tion and the Director of Public Works dated March 20, 1991, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby authorize retain- ing the services of Canton Analytical Laboratory, Inc. , 153 Elder Street, Ypsilanti, Michigan 48197, for the purpose of supplying the City with sampling and analysis services at the City's landfill site for an additional twelve (12) month period for the price of $1,785.00, the same to be appropriated and expended from the Unexpended Fund Balance Account of the Municipal Refuse Fund; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with the provisions set forth in Section 3.04.140D2 of the Livonia Code of Ordinances, as amended. #321-91 RESOLVED, that having considered the report and recommendation of the City Engineer and the City Treasurer dated March 28, 1991, approved for submission by the Mayor, the Council does hereby determine as follows: a. To amend Council Resolution 196-91 so as to amend and modify paragraphs 1 and 2 thereof as follows: L (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated December 6, 1990 (and as modified by the City Council at its Regular Meeting held March 6, 1991, said modifications being reflected in a roll dated March 7, 1991) in the amount of $120,610.00, are fair and equitable and based upon benefits to be derived by construction of improve- ments proposed in said district in accordance with the plans of the City Engineer and resolutions of the City Council: (2) Said Special Assessment Rol= Nc. 355 is hereby approved and confirmed in all respects, effective March 21, 1991; and b To amend Council Resolution 197-91 by amending and modifying paragraph 2 thereof as follows: (2) Said Assessment Roll No. 356 is hereby approved and confirmed in all respects effective March 21, 1991 The balance of Council Resolutions 196-91 and 197-91, except as amended and modified herein, shall remain in full force and effect. #322-91 RESOLVED, that having considered a communication from the City Planning Commission dated April 2, 1991 which transmits its resolution 3-56-91 with regard to a sign permit application 26421 submitted by City Sign Co. , Inc. , requesting approval to erect a wall sign on a building located at 33050 Five Mile Road, the Council does hereby concur in the recommendation of the Planning Commission and approve the said sign permit application, subject to compliance with the same conditions set forth in the aforesaid action of the Planning Commission. #323-91 RESOLVED, that having considered a communication from the City Planning Commission, dated April 2, 1991, which transmits its resolution 3-55-91 adopted on March 19, 1991, with regard to Petition 91-3-8-3 submitted by Kamp-DiComo Associates, requesting site plan approval in connection with a proposal to construct 20 unit senior clergy village on the west side of Levan between Schoolcraft and Five Mile in Section 20, pursuant to the provi- sions set forth in Section 29 02 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Plan- ning Commision and Petition 91-3-8-3 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. #324-91 RESOLVED, that having considered a memorandum from the Council President dated March 28, 1991, the Council does hereby amend and revise Council Resolution 141-91 adopted on February 20, 1991 in the following manner: imp 1 Line 6 of the resolution reads "corner of Clarita and Melville Avenues . . ," and it should read "corner of Clarita and Melvin Avenues . "; 2 The last two lines read, "property should be rezoned from RUF to the R-2 zoning classification," and they should read, "property should be rezoned from R-7 to the R-2 zoning classification." #325-91 WHEREAS, the Community Development Block Grant (CDBG) program has provided needed financial assistance to numerous projects in the past and; WHEREAS, CDBG program is the last remaining flexible federal tool with which the City can address the concerns of the poor, the hungry, the needy and the homeless of our community and; WHEREAS, President Bush has proposed transferring the CDBG program to the states respectively and; WHEREAS, such a transfer is not in the best interests of the program nor of this City; THEREFORE, BE IT HEREBY RESOLVED, that the Mayor and City Council of the City of Livonia hereby formally request that our congressional representatives take whatever action they deem appropriate to prevent the transfer of the local portion of the CDBF program from the federal government to the state government and; 26422 That Congressmen Carl Pursell and William Ford join the many other congressmen who have co-signed the letter to Rep. Bob Traxler, Chairman of the House Appropriations Subcommittee or V.A. , HUD and Independent Agencies and Rep. Bill Green, ranking minority member of that committee, in opposition to the Administrations plans. That the City Clerk is hereby directed to forward a certified copy of this resolution to Reps. Pursell and Ford, Senator Don Riegle and Senator Carl Levin. #326-91 RESOLVED, that having considered a communication from the Department of Law, dated March 28, 1991, approved by the City Engineer and Finance Director and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire a sewer easement located at 35360 Six Mile Road, owned by Ronald M England and Margaret D. England, which land is more particularly described as follows: The South 20 feet of the following described parcel Part of the Southwest 1/4 of Section 9, T 1 S , R 9 E. , City of Livonia, Wayne County, Michigan, beginning East 187.50 feet from the Southwest corner of Section 9; thence East 180 feet; thence North 474 feet; thence West 180 feet; thence South 474 feet to the point of beginning; except the South 60 feet thereof (Tax Parcel 035-99-0002-001) subject to the following conditions (1) that the purchase price shall be in the sum of $1000; (2) that the City of Livonia shall pay for the cost of title work in the sum of $150; (3) that the City's portion of the prorated City, County, County Drain, School and Community College taxes shall be in a sum not to exceed $100 BE IT FURTHER RESOLVED, that a sum not to exceed $1250. is hereby authorized to be expended from Unexpended Fund Balance of this Sewer Fund, pursuant to Council Resolution 179-90, for the acqui- sition of said sewer easement; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. #327-91 WHEREAS, pursuant to the direction of the City Council in its resolution 241-91, adopted on March 20, 1991, and in accordance with Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of March 25, 1991, an assessment roll dated March 14, 1991 for a proposed street improvement consisting of a 28 foot wide asphalt pavement with mountable asphalt curbs (Alternate III) on Sunset 26423 (Seven Mile to Clarita) and Clarita (Bainbridge to Sunset) in the Northwest 1/4 of Section 11 containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 241-91; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08.110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, May 22, 1991, at 7:30 P M to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of May 22, 1991; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office #328-91 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, May 22, 1991, at 7:30 P M at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: Petition 91-2-1-6, submitted by Rotondo Brothers for Vera Carroll for a change of zoning on property located on the southwest corner of Seven Mile and Wayne Roads in the Northeast 1/4 of Section 8, from R-4B to R-3, the City Planning Commission in its resolution 3-46-90 having recommended to the City Council that Petition 91-2-1-6 be approved with the addition of the suffix B to the proposed R-3 zoning district; 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) 26424 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: AYES: Jurcisin, Ochala, Feenstra, Toy, Bishop, Taylor and McCotter. NAYS None. Councilwoman Toy took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 4 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 90-11-1-30) A roll call vote was taken on the foregoing Ordinance with the following result: 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. Councilman Taylor took from the table, for second reading and adoption, 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 90-11-1-33) L 26425 A roll call vote was taken on the foregoing Ordinance with the following result: 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 Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was #329-91 RESOLVED, that having considered the report and recom- mendation of the Director of Finance dated March 27, 1991, approved for submission by the Mayor, and having also considered a letter from the Finance Director dated April 15, 1991, approved for submission by the Mayor, the Council does hereby reject all bids received for the printing of envelopes for the reasons indi- cated in the aforesaid recommendation, and does further authorize the Finance Department to prepare specifications and thereafter take new bids with respect to this item in accordance with the provisions of Law and City Ordinance On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #330-91 RESOLVED, that having considered a report and recom- mendation from the Director of Finance dated April 2, 1991, approved for submission by the Mayor, as well as the report and recommendation from the City Treasurer dated April 4, 1991, with respect to a request submitted by Schoolcraft College for the City of Livonia to collect 100% of the College's 1;31 property taxes in the summer tax collection period, the Council does determine to take NO FURTHER ACTION in view of the withdrawal of this request by Schoolcraft College in a letter dated April 9, 1991. On a motion by Councilwoman Toy, seconded by Councilman Jurcisin, and unanimously adopted, it was #331-91 RESOLVED, that having considered the report and recom- mendation of the City Engineer dated April 2, 1991, which bears the signature of the Finance Director and is approved for submis- sion by the Mayor, the Council does hereby accept the unit price bid of Angelo D'Orazio Paving, 38272 Abruzzi, Westland, MI 48185 for the reconstruction of the existing pavement on Newburgh Road between Joy Road and Ann Arbor Road to five lanes, as well as the installation of approximately 3,200 L.F of sanitary sewer for the estimated total cost of $1,069,076.25 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 26426 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 the sum of $977,076.25 from the $12 million General Obligation Road Improvement Bond issue and $92,000 from the Unexpended Fund Balance of the Sewer Fund for this project; 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 Councilwoman Toy, and unanimously adopted, it was #332-91 RESOLVED, that having considered a communication from the City Planning Commission, dated April 2, 1991, which transmits its resolution 3-51-90, adopted on March 19, 1991, with regard to the proposed preliminary plat of Pine Cove Estates Subdivision (formerly Oak-Villa Subdivision) to be located on the west side of Inkster between Joy Road and West Chicago in the Southeast 1/4 of Section 36, City of Livonia, Wayne County, Michigan, and the preliminary plat having been approved by the City Planning Commis- sion on March 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 the development plans and specifications for the improvements therein, and the financial assurances guaranteeing the satisfactory installation of such improvements, as well as compliance with the following additional conditions: 1) That the landscape plan for required greenbelts along Inkster Road frontage shall also require the approval of the City Council prior to the approval of the final plat, and 2) That the plat for the required subdivision entrance marker shall also require approval of the City Council prior to approval of the final plat On a motion by Councilwoman Toy, seconded by Councilman Bishop, and unanimously adopted, it was #333-91 RESOLVED, that having considered a communication from the City Planning Commission, dated April 3, 1991, which transmits its resolution 3-47-91, adopted on March 19, 1991, with regard to Petition 91-2-2-5, submitted by Tom Ruskiewicz for the Livonia Jaycees requesting waiver use approval to hold their annual Spring Carnival May 16, 1991 through May 27, 1991 at Ladbroke DRC located at the southeast corner of Schoolcraft Service Drive and Middle- belt Road in the Northwest 1/4 of Section 25, which property is 26427 C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 91-2-2-5 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission. On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and unanimously adopted, it was #334-91 RESOLVED, that having considered a request from the Livonia Jaycees, wherein it is requested that Transient Merchant fees be waived in connection with a Crafts and Arts show to be conducted at the Ladbroke DRC on May 18-19, 1991 and May 25-26, 1991, the Council does hereby concur in and approve this request in the manner and form herein submitted and the City Clerk is hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution On a motion by Councilman Feenstra, seconded by Councilman Ochala, it was #335-91 RESOLVED, that having considered a communication from the City Planning Commission, dated April 3, 1991, which transmits its resolution 3-50-91, adopted on March 19, 1991, with regard to Petition 91-2-2-8, submitted by Linda Fillinger requesting waiver use approval to utilize a portion of the garage of an existing residence located at 20090 Milburn, south of Eight Mile Road between Merriman and Purlingbrook in the Northwest 1/4 of Section 2 for a dog grooming service, which property is zoned RUF, the Council does hereby reject the recommendation of the City Planning Commission and Petition 91-2-2-8 is hereby denied for the following reasons: 1. That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance #543 2. That the proposed use is incompatible to and not in harmony with the surrounding uses in the area. 3. That the proposed use is commercial in nature and as such is contrary to the principles of land use planning and zoning in that such use represents an encroachment of a non-residential use into the interior of a residential area A roll call vote was taken on the foregoing resolution with the following result: 26428 lis AYES: Jurcisin, Ochala, Feenstra, Toy and Bishop. NAYS: Taylor and McCotter. The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was #336-91 RESOLVED, that having considered a communication from the Department of Law, dated March 20, 1991 approved by the Finance Director and approved for submission by the Mayor, with respect to the sale of property located at 30330 - 30340 Six Mile the legal description of which is The West 1/2 of that part of the Southeast 1/4 of Section 11, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point on the North and South 1/4 Section line distant North 0 degrees 07 minutes 22 seconds West 60 feet from the South 1/4 corner and proceeding thence North 0 degrees 07 minutes 22 seconds West along said line 395 32 feet; thence South 89 degrees 55 minutes 50 seconds West 113.87 feet; thence South 0 degrees 0 minutes 54 seconds West 395.32 feet; thence North 89 degrees 58 minutes 03 seconds West along the North line of Six Mile Road 112 feet to the point of beginning (0 51 Acre) Bureau of Taxation Parcel 11EE1a1; AND The East 1/2 of that part of the Southeast 1/4 of Section 11, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point on the North and South 1/4 Section line distant North 0 degrees 07 minutes 22 seconds West 60 feet from the South 1/4 corner and proceeding thence North 0 degrees 07 minutes 22 seconds West along said line 395 39 feet; thence South 89 degrees 55 minutes 50 seconds East 113 87 feet; thence South 0 degrees 0 minutes 54 seconds West 395 32 feet; thence North 89 degrees 58 minutes 03 seconds West along the North line of Six Mile Road 112 feet to the point of beginning (0 51 Acre) Bureau of Taxation Parcel 11EE1a2 lbw the Council does hereby authorize the sale of the property to K R Evans from the City of Livonia for the price of $28,000 cash providing that such title work as may be required for this transaction be the obligation of the purchaser; and this action is being taken to best serve the interests of the 26429 Ibm community in accordance with 3 05 090(C) of the Livonia Code of Ordinance, as amended; and the Mayor and City Clerk are authorized, for and on behalf of the City of Livonia to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consum- mate this tranasaction A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Ochala, Feenstra, Bishop, and Taylor. NAYS: Toy and McCotter The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Feenstra, and unanimously adopted, it was #337-91 RESOLVED, that the Council does hereby request that the Engineering Department submit its report and recommendation with regard to a water drainage problem which exists at the rear of certain property located on Doris Lane north of Six Mile Road. On a motion by Councilman Ochala, seconded by Councilman Jurcisin, and unanimously adopted, it was #338-91 RESOLVED, that having considered a communication dated April 2, 1991, from the Department of Law transmitting for Council acceptance eight Grants of Easement, more particularly described as i Grant of Easement dated March 5, 1991, executed by Alberta B Pierce and Debra Pierce Taylor, to the City of Livonia, for The West 6 ft. of Lot 292, Bel-Aire Gardens Sub , N E 1/4 of Section 35, T 1S , R 9E , City of Livonia, Wayne County, Michigan, except the South 6 ft. thereof, as recorded in Liber 75, Page 48 of Plats, Wayne County Records. 2 Grant of Easement dated March 20, 1991, executed by Dennis A Weatherford and Mary J Weatherford, his wife, to the City of Livonia, for The West 6 ft of Lot 315, Cooperspoon Sub , No 4, S E 1/4 of Section 35, T 1S , R 9E , City of Civonis, Wayne County, Michigan, except the South 6 ft thereof, also 26430 except the South 26 ft. of the East 4 ft of the West 6 ft. as recorded in Liber 80, Page 59 of Plats, Wayne County Records 3. Grant of Easement dated February 20, 1991, executed by William C. Wilson and Mary Wilson, his wife, to the City of Livonia, for: The North 6 ft. of Lot 525, Rosedale Meadows Sub. No. 2, S.E. 1/4 of Section 34, T.1S. , R. 9E. , City of Livonia, Wayne County, Michigan, except the West 12 ft. thereof, also except the North 18 ft. of the South 30 ft. of the East 4 ft. of the West 6 ft. as recorded in Liber 77, Pages 40, 41 and 42 of Plats, Wayne County Records 4 Grant of Easement dated February 20, 1991, executed by Stuart C. Harding and Patricia V. Harding, his wife, to the City of Livonia, for The West 6 ft. of Lot 27, Yale Homes Subdivision No 2, N.E 1/4 of Section 32, T.1S , R 9E. , City of Livonia, Wayne County, Michigan, except the South 6 ft thereof, also except the South 27 ft. of the North 107 ft of the East 3 ft of the West 6 ft as recorded in Liber 84, Pages 7 and 8, Wayne County Records lie 5. Grant of Easement dated February 6, 1991, executed by Ronald G Nordstrom and Patricia M Nordstrom, his wife, to the City of Livonia, for The North 6 ft of Lot 279, Rosedale Meadows Sub. , S.E. 1/4 of Section 34, T 1S , R 9E , City of Livonia, Wayne County, Michigan, except the West 9 ft thereof, also except the East 29 ft of the West 38 ft of the South 5 ft of the North 6 ft as recorded in Liber 76, Pages 41, 42 and 43 of Plats, Wayne County Records 6 Grant of Easement dated January 31, 1991, executed by Sing Woo and Mary P Woo, his wife, to the City of Livonia, for: The South 6 ft of Lot 136, Bel-Aire Gardens Subdivision, N.E. 1/4 of Section 35, T 1S , R 9E , City of Livonia, Wayne County, Michigan, except the East 6 ft. thereof, as recorded in Liber 75, Page 48 of Plats, Wayne County Records 7. Grant of Easement dated March 11, 1991, executed by Richard T Thompson and Kathlyn A Thompson, husband and wife, to the City of Livonia, for: The West 6 ft of Lot 195, Blue Grass Farms Subdivision, S.W 1/4 of Section 18, T 1S , R 9E , City of Livonia, Wayne County, Michigan, except the North 12 ft thereof, as recorded in Liber 89, Pages 38, 39 and 40 of Plats, Wayne County Records 26431 8. Grant of Easement dated February 28, 1991, executed by Gerald E. Meach and Susan Cheryl Whitfield Meach, also known as Susan C Meach, husband and wife, to the City of Livonia, for: The East 6 ft. of Lot 196, Blue Grass Farms Subdivision, as recorded in Liber 89, Pages 38, 39 and 40 W.C.R. and said subdivision being a part of the S.W 1/4 of Section 18, T 1S. , R 9E. , City of Livonia, Wayne County, Michigan, except the North 12 ft. thereof, also except the North 7 ft. of the South 67 ft. of the West 2 ft. of the East 6 ft. (Tax Parcel No 071-01-0196-000), as recorded in Liber 89, Pages 38, 39 and 40 of Plats, Wayne County Records. the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grants of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or inciden- tal to fulfill the purpose of this resolution On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and unanimously adopted, it was #339-91 RESOLVED, that having considered a communication from the Director of Community Resources dated March 22, 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 for senior citizen programs in the amount of $1,027 00, the same to be appropriated and credited to Account 702-000-285-216 for use in the senior citizen programs On a motion by Councilman Bishop, seconded by Councilman Ochala, and unanimously adopted, it was ##340-91 RESOLVED, that having considered a communication from the Historical Commission dated March 18, 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 the artifacts detailed in the aforesaid communication, donated to Greenmead during 1990. On a motion by Councilman Ochala, seconded by Councilman Feenstra, and unanimously adopted, it was #341-91 RESOLVED, that having considered a communication from the Historical Commission dated March 28, 1991, approved by the Finance Director and approved for submission by the Mayor, the Council does for and on behalf of the City of Livonia accept cash donations in the amount of $1,511 25 donated to Greenmead during 1990, the same to be deposited and credited to Historical Commission Trust Fund Account 723-000-690-200 26432 ImoOn a motion by Councilman Ochala, seconded by Councilwoman Toy, and unanimously adopted, it was #342-91 RESOLVED, that having considered a letter from the Student Government President of Madonna University dated April 2, 1991, wherein it is indicated that the University Torch Run will be conducted on May 4, 1991 prior to commencement exercises which are to be conducted on that date for the Madonna University 1991 graduating class, the Council does hereby take this means to indicate that it approves the route of the said Torch Run in accordance with the attached race rules. On a motion by Councilman Bishop, seconded by Councilwoman Toy, it was #343-91 RESOLVED, that having considered a communication from the City Assessor, dated March 7, 1991, approved for submission by the Mayor, with regard to a request from Mr John Mahn in behalf of Mr. and Mrs. Dan Griffin, 34221 Orangelawn, Livonia, Michigan 48150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed division of Tax Item No. 46 129 0090 004 into two parcels, the legal descriptions of which shall read as follows Parcel 1 East 66.75 ft of West 267 ft of Lot 90 Supervisor's Livonia Plat No 2 of S. 5/8 of the N.E 1/4 and E. 1/2 of the N. 3/8 of the N E 1/4 of Section 33, T 1S , R.9E. , Livonia Township, Wayne County, Michigan Rec'd in Liber 66 Page 1 of Plats, Wayne County Records. Parcel 2: East 66.75 ft of West 200.25 ft. of Lot 90 Supervisor's Plat No 2 of S. 5/8 of the N E. 1/4 and E 1/2 of the N 3/8 of the N.E. 1/4 of Section 33, T 1S. , R.9E , Livonia Township, Wayne County Michigan Rec'd in Liter 66 Page 1 of Plats, Wayne County Records 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, and subject to submission of an executed temporary or permanent line relocation billing agree- ment with the Detroit Edison Company to relocate overhead Detroit Edison lines so as to permit construction of a new house A roll call vote was taken on the foregoing resolution with the following result: AYES: Jurcisin, Feenstra, Toy, Bishop and Taylor. NAYS: Ochala and McCotter. 26433 On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and unanimously adopted, it was #344-91 RESOLVED, that the Council does hereby suspend the rules for procedure as outlined in Council Resolution 547-82 so as to permit consideration of an item that does not appear on the agenda. On a motion by Councilman Bishop, seconded by Councilman Feenstra, and unanimously adopted, it was #345-91 RESOLVED, that having considered the report and recommendation of the Committee of the Whole dated April 15, 1991 and submitted pursuant to Council Resolution 314-90 with regard to reports and recommendations from the Historical Commission and the Director of Community Resources dated March 14, 1990 and March 11, 1991, approved by the Finance Director and approved for submission by the Mayor with regard to architectural services for the stabilization work at the farm complex at Greenmead, the Council does hereby authorize Kirkarchitecture Inc. , 3200 David Stott Building, Detroit, MI 48226, to prepare measured drawings, bid and construction docu- ments and perform construction observation for the stabilization work at the Greenmead farm complex on an hourly rate basis for a sum not to exceed $11,800 00, said sum to be appropriated and authorized to be expended from the Historical Commission budget for this purpose; FURTHER, the Council does hereby authorize this item in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended; and the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute the said contract as an addition to the current agreement with Kirkarchitecture Inc , as well as to do all other things necessary and incidental to the full performance of this resolution On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unani- mously adopted, this 1,199th Regular Meeting of the Council of the City of Livonia was adjourned at 8 32 P.M , April 17, 1991 ....40;-4404ktif./Werale Robert F. Nash, City Clerk