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HomeMy WebLinkAboutCOUNCIL MINUTES 1990-05-2325770 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND SEVENTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 23, 1990, 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 00 P M. Councilman Ochala delivered the invocation Roll was called with the following result Present Laura Toy, Robert R Bishop, Gerald Taylor, Dale Jurcisin, Ron Ochala, Fernon P Feenstra and Joan McCOtter, Absent None. Elected and appointed officials present Robert F. Nash, City Clerk, Harry Tatigian, City Attorney, Robert D. Bennett, Mayor, John Nagy, Planning Director, Raul Galindo, City Engineer, Karen SZy0Uld, Director of Legislative Affairs, John Fegan, Director Of the Inspection Department, David Preston, Finance Director, Robert Beckley, Director Of Public Works, James Inglis, Housing Director, Ron Reinke, Superintendent of the Department Of Parks and Recreation and Jeanne Treff° Director of Cable TV On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #485-90 RESOLVED, that the minutes of the 1,176th Regular Meeting Of the Council Of the City of Livonia, held May 7, 1990 are hereby approved On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously* adopted, it was #486-90 RESOLVED, that the minutes of the 206th Special Meeting of the Council Of the City Of Livonia, held May 14° 1990 are hereby approved *Councilwoman T»» abstained from voting, which is recorded as a "yes" �— vote under 5ec.2 04 19011of the Livonia Code of Ordinances, as amended 25771 On behalf of Post 3941, Commander George Bisel thanked the Girl Scouts and Boy Scouts who participated in the Memorial Day observance of placing 3500 to 4000 American flags on the graves of veterans in the City of Livonia. it was On a motion by Councilman Taylor, seconded by Councilman Bishop, #487-90 RESOLVED, that having considered an application from James A Gruska, 28615 Grandon, Livonia, Michigan 48150, dated May 4, 1990, requesting permission to close Grandon between Harrison and Brentwood on Sunday, June 10, 1990, from 2 00 P M to 8 00 P M. for the purpose of conducting an annual Memorial Day Block Party, the Council does hereby grant permission as requested, including permission to conduct the said affair on June 17, 1990 in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #488-90 RESOLVED, that having considered an application from Joanne Aloe, 39115 Lyndon, Livonia, Michigan 48154, dated May 5, 1990, requesting permission to close Lyndon Street between Norman and Eckles on Saturday, June 23, 1990, from 4 OOP M 10 00 P M for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, June 24, 1990, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department #489-90 RESOLVED, that having considered a letter from the Personnel Director of Delco Products Division, General Motors Corporation, Livonia Operations, 13000 Eckles Road, Livonia, Michigan 48151, dated May 3, 1990, wherein a request is made for the installation of a street light at the pedestrian walkway which crosses Amrhein between the plant property and the hourly parking lot, the Council does hereby refer this item to the Engineering Department and the Streets, Roads and Plats Committee for their reports and recommendations, including consideration of the need for any additional street lights in this area #490-90 RESOLVED, that having considered a letter from John Courson, 37733 Pickford, Livonia, Michigan 48152, dated April 24, 1990, expressing an interest in the purchase of certain City -owned property located at 9269 Lamont and legally described as Lot 374 of the Golden Ridge Subdivision, the Council does hereby refer this item to the Department of Law for its report and recommendation to 25772 #491-90 RESOLVED, that having considered a communication from the Water and Sewer Board, dated April 26, 1990, approved by the Director of Finance and approved for submission by the Mayor, which transmits its resolution WS 2884 4/90, the Council does hereby authorize the employment of Vanguard Meter Service, Inc , 1300 East Ninth Street, P 0 Box 211, Owensboro, Kentucky 42302, to perform test and repair of large commercial water meters at the unit prices quoted for all meter sizes requested for the period through December 31, 1990, for a total sum not to exceed $15,365 00, further, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04 140D5 of the Livonia Code of Ordinances, as amended #492-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 27, 1990, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of F L Jursik Company, 245 Victor Avenue, Highland Park, Michigan 48203, for supplying the Public Service Division (Road Maintenance Section) with two (2) 5-7 yard dump bodies and hoists for a total price of $9,888 00, the same having been in fact the lowest bid received and meets all specifications, further, the Council does hereby appropriate and authorize the expenditure of the sum of $9,888.00 from the Unexpended Fund Balance Account of the General Fund for this purpose #493-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 27, 1990, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the alternate bid of Shults Equipment, Inc , P 0 Box 127, Ithaca, Michigan 48847, for supplying the Public Service Division (Road Maintenance Section) with two (2) truck hydraulic systems, two (2) front snowplow hitches, two (3) reconditioned underbody scraper blades, and two (2) salt spreaders for a total price of $16,474 00, including installation, the same having been in fact the lowest bid received and meets all specifications, further, the Council does hereby appropriate and authorize the expenditure of the sum of $16,474 00 from the Unexpended Fund Balance Account of the General Fund for this purpose #494-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated April 27, 1990, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby accept the bid of Jerry Bielfield Company, 8333 Michigan Avenue, Detroit, Michigan 48210, for supplying the Public Service Division (Road Maintenance Section) with two cabs and chassis - single axle for a net price of $47,878 00, based on a total 25773 #495-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 8, 1990, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the emergency replacement of the boiler at the Civic Park Senior Center by Great Lakes Power, Inc., 30 W Lantz, Detroit, Michigan 48203, and does further authorize the payment of the sum of $7,440 00 to Great Lakes Power, Inc for the work it has performed in this regard, further, the Council does hereby authorize the said purchase without competitive bidding in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #496-90 RESOLVED, that having considered the report and recommendation of the Chairman of the Historic Preservation Commission and the Director of Community Resources, dated May 4, 1990, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the employment of Simpson Granite Works, 23466 Grand River, Detroit, Michigan 48219, to perform Phase III of the Clarenceville Cemetery Monuments Restoration Project for a sum not to exceed $5,000 00, which sum is prefunded and available in Account 101-736-974-000 for this purpose, further, the Council does hereby authorize the said purchase without competitive bidding in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #497-90 RESOLVED, that having considered a communication from the Mayor, dated May 9, 1990, wherein it is indicated that Councilman Gerald D Taylor, 36734 Sunnydale, Livonia, Michigan 48154, has been reappointed to the Board of Directors of the Economic Development Corporation of the City of Livonia for a six year term expiring June 7, 1996, the Council does hereby approve of and concur in the aforesaid action, provided that Mr Taylor takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the office of the City Clerk #498-90 RESOLVED, that having considered a communication from the Mayor, dated May 9, 1990, the Council does hereby approve of and concur in the appointment of Conrad Gniewek, 14571 Auburndale, Livonia, Michigan 48154, to the City Planning Commission for a term of three years, which term will expire on June 9, 1993, provided that Mr Gniewek takes the oath of office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk price of $54,678 been in fact 00 less trade-ins of the lowest bid $6,800 00, the same having received and meets all specifications, further, the Council does hereby appropriate and authorize the expenditure of the sum of $47,878 00 from the Unexpended Fund Balance Account of the General Fund for this purpose #495-90 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 8, 1990, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the emergency replacement of the boiler at the Civic Park Senior Center by Great Lakes Power, Inc., 30 W Lantz, Detroit, Michigan 48203, and does further authorize the payment of the sum of $7,440 00 to Great Lakes Power, Inc for the work it has performed in this regard, further, the Council does hereby authorize the said purchase without competitive bidding in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #496-90 RESOLVED, that having considered the report and recommendation of the Chairman of the Historic Preservation Commission and the Director of Community Resources, dated May 4, 1990, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the employment of Simpson Granite Works, 23466 Grand River, Detroit, Michigan 48219, to perform Phase III of the Clarenceville Cemetery Monuments Restoration Project for a sum not to exceed $5,000 00, which sum is prefunded and available in Account 101-736-974-000 for this purpose, further, the Council does hereby authorize the said purchase without competitive bidding in accordance with the provisions set forth in Section 3 04 140D5 of the Livonia Code of Ordinances, as amended #497-90 RESOLVED, that having considered a communication from the Mayor, dated May 9, 1990, wherein it is indicated that Councilman Gerald D Taylor, 36734 Sunnydale, Livonia, Michigan 48154, has been reappointed to the Board of Directors of the Economic Development Corporation of the City of Livonia for a six year term expiring June 7, 1996, the Council does hereby approve of and concur in the aforesaid action, provided that Mr Taylor takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the office of the City Clerk #498-90 RESOLVED, that having considered a communication from the Mayor, dated May 9, 1990, the Council does hereby approve of and concur in the appointment of Conrad Gniewek, 14571 Auburndale, Livonia, Michigan 48154, to the City Planning Commission for a term of three years, which term will expire on June 9, 1993, provided that Mr Gniewek takes the oath of office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk 25774 #499-90 RESOLVED, that having considered a communication from the Mayor, dated May 9, 1990, the Council does hereby approve of and concur in the reappointment of James C McCann, 18435 Mayfield, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which term will expire on June 9, 1993, provided that Mr McCann takes the oath of office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk #500-90 RESOLVED, that having considered a communication from the Mayor, dated May 9, 1990, the Council does hereby approve of and concur in the reappointment of William La Pine, 33855 Carl Drive, Livonia, Michigan 48152, to the City Planning Commission for a term of three years, which term will expire on June 9, 1993, provided that Mr La Pine takes the oath of office as required in Section 2, Chapter X of the City Charter to be administered by the City Clerk A communication from the City Treasurer, dated May 9, 1990, re Liens for Road Paving was received and placed on file for the information of the Council #501-90 RESOLVED, that having considered a letter from the City Treasurer, dated May 9, 1990, with regard to the confirmation of the proposed special assessment roll for the improvement of Orangelawn, Farmington to Stark, in the Northeast 1/4 of Section 33, the Council does hereby amend and revise Council Resolution 473-90 adopted on May 7, 1990, so as to revise paragraph 2 of the same to read as follows (2) said Special Assessment Roll No 340 is hereby approved and confirmed in all respects, effective January 1, 1991. A communication from the Director of the Livonia Housing Commission, dated April 30, 1990 re Development of Scattered Site Single Family Homes (CR 1017-89) was received and placed on file for the information of the Council #502-90 RESOLVED, that having considered a communication from the Department of Law, dated April 25, 1990, approved by the Mayor, the Council does hereby accept the offer of Lona May Cronk and Tamara Lynn Fetter of 37967 Amrhein Road, Livonia, Michigan 48150, to purchase The East 50 feet of Lot 57, Newburgh Estates Subdivision, part of the S E 1/4 of Section 30, T 1 S., R 9 E , as recorded in Liber 68 of Plats, Page 45, Wayne County Records 25775 for the sum of $7,500 cash, conditioned upon the purchaser assuming responsibility for the cost of title insurance, and the Mayor and City Clerk are hereby requested to execute a quit claim deed, subject to approval as to form by the Department of Law, as well as to do all other things necessary or incidental to fulfill the purpose of this resolution, and that upon recording of said quit claim deed the City Assessor is requested to combine the above described property with Lot 56 of said subdivision as a single property for taxation and ownership purposes #503-90 RESOLVED, that having considered a communication from the Department of Law, dated April 25, 1990, approved by the Mayor, the Council does hereby accept the offer of Donna J Haugen of 38025 Amrhein Road, Livonia, Michigan 48150, to purchase The West 50 feet of Lot 57, Newburgh Estates Subdivision, part of the S.E 1/4 of Section 30, T. 1 S , R 9 E., as recorded in Liber 68 of Plats, Page 45, Wayne County Records, for the sum of $7,500 cash, conditioned upon the purchaser assuming responsibility for the cost of title insurance, and the Mayor and City Clerk are hereby requested to execute a quit claim deed, subject to approval as to form by the Department of Law, as well as to do all other things necessary or incidental to fulfill the purpose of this resolution, and that upon recording of said quit claim deed the City Assessor is requested to combine the above described property with Lot 58 of said subdivision as a single property for taxation and ownership purposes #504-90 WHEREAS, there exists in and for the City of Livonia (the "City"), an imperative need to acquire and construct a new Senior Citizens Housing Facility, together with all site improvements, 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 hereby reaffirm, that it is safety and welfare of the for the use of the City, and Council has determined, and does necessary for the public health, City to acquire the Improvements 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 25776 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 Contract for the acquisition, construction and financing of the Improvements, 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 thereof 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, including the operation of the Improvements, 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. WHEREAS, the of said Act 31, as City, in accordance with the provisions 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 Contract for the acquisition, construction and financing of the Improvements, 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 thereof 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, including the operation of the Improvements, 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. 25777 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 #505-90 WHEREAS, there exists in and for the City of Livonia (the "City"), an imperative need to acquire, construct, furnish and equip an addition to the City's existing Court Facilities, together with all appurtenances and attachments therefor 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 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 MIUKI 3. This City Council hereby approves the Contract for the acquisition, construction and financing of the Improvements, 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 thereof 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, including the operation of the Improvements, 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 A roll call vote was taken on the foregoing resolutions with the following result. AYES Ochala, Toy, Bishop, Taylor, Jurcisin and McCotter. NAYS: Feenstra On a motion by Councilman Taylor, seconded by Councilman Ochala, it was 25779 #506-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 9, 1990, submitted pursuant to Council Resolution 797-89, in connection with a communication from the City Planning Commission, dated June 26, 1989, which sets forth its resolution 6-121-89, adopted on June 13, 1989, with regard to Petition 89-4-1-12, submitted by Ralph and Suzanne Schweikhart and John and Dolores Lytle, for a change of zoning of property located on the east side of Newburgh Road between Six and Seven Mile Roads in the Southwest 1/4 of Section 8, from R -4B to P S , and the Council having conducted a public hearing with regard to this matter on August 9, 1989, pursuant to Council Resolution 659-89, the Council does hereby concur in the recommendation of the Planning Commission and Petition 89-4-1-12 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Toy, Bishop, Taylor, Jurcisin and McCotter NAYS Feenstra The President declared the resolution adopted On a motion by Councilwoman Toy, seconded by Councilman Feenstra, and unanimously adopted, it was #507-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 9, 1990, submitted pursuant to Council Resolution 126-90, in connection with the report and recommendation of the Department of Law dated January 18, 1990, and submitted pursuant to Council Resolution 1031-89, in connection with a letter from Tom and Devon Eidson, 9721 Newburgh, Livonia, Michigan 48150, dated October 25, 1989, expressing an interest in the purchase of certain City -owned property located at 9717 Newburgh, the Council does hereby refer this matter back to the Department of Law for a report and recommendation on what portion of the property may be conveyed to the Eidsons so as to meet their needs On a motion by Councilwoman Toy, seconded by Councilman Taylor, and unanimously adopted, it was #508-90 RESOLVED, that having considered the report and � recommendation of the Committee of the Whole, dated May 9° 1990, submitted pursuant to Council Resolution 126-90, in connection with the report and recommendation of the Department of Law dated January 18, 1990, and submitted pursuant to Council Resolution 1031-89, in connection with a letter from Tom and Devon Eidson, 9721 Newburgh, Livonia, Michigan 48150° dated October 25, 1980, expressing an interest in the purchase of certain City -owned property located at 9717 Newburgh, the Council does hereby request that the Planning Department submit its report and recommendation on the question Of projected lot configuration of City -owned property in this area if the same were rezoned to the residential classification On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and unanimously adopted, it was #509-90 RESOLVED, that having considered the report and recommendation Of the Committee Of the Whole, dated May 8, 1990, submitted pursuant to Council Resolution 235-90° in connection with d communication from the City Planning Commission, dated February 16, 7990* which transmits its resolution 1-282-90 adopted VD January 30, 1990 with regard to the proposed preliminary plat of Dorina Estates Subdivision to be located south of Seven Mile Road between Laurel and Gill Roads in the Northwest 1/4 Of Section 9° City of Livonia, Wayne County, Michigan, and it appearing that tentative approval of said preliminary plat was given by the City Planning Commission OM January 30, 1990, after due notice and a public hearing, the Council does h8rghv approve of the said preliminary plat subject to the receipt of d 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 On a motion by Councilman Jurcisin, seconded by Councilman Feenstra, and unanimously adopted, it was #510-90 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 9° 1990, submitted pursuant to Council Resolution 235-90, in connection with a communication from the City Planning Commission, dated February 15, 1990" which transmits its resolution 1-282-90 adopted on January 30, 1990 with regard to the proposed preliminary plat of Dorind Estates Subdivision to be located South of Seven Mile Road between Laurel and Gill Roads in the Northwest 1/4 Of Section g, the Council does hereby request that the Engineering Department submit a report and recommendation of future plans, 25781 if any, for providing sanitary sewer service to homes located on Laurel South of Seven Mile Road On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #511-90 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 15, 1990, submitted pursuant to Council Resolution 974-88, in connection with a communication from the Council President, dated September 26, 1988, wherein a proposal is submitted for the enactment of an ordinance that requires drunk drivers who cause collisions in the City of Livonia to reimburse the City for personnel and equipment charges, the Council does hereby refer this item to the Department of Law for the preparation of the suggested ordinance, the same thereafter to be submitted to the Council for its consideration On a motion by Councilman Feenstra, seconded by Councilman Ochala, and unanimously adopted, it was Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING TITLE 12, CHAPTER 04 (STREETS AND SIDEWALKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 235 THERETO (Newspaper Receptacles) #512-90 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 15, 1990, submitted pursuant to Council Resolution 1019-88, in connection with a communication from the City Planning Commission, dated September 2, 1988, which sets forth its resolution 8-145-88, adopted on August 16, 1988, with regard to Petition 88-2-6-1, submitted by the City Planning Commission, to amend Sections 9 02 and 9 03 of the Zoning Ordinance 543 to establish regulations to control general office uses within the P S zoning district, and the Council having conducted a public hearing with regard to this matter on October 17, 1988, pursuant to Council Resolution 937-88, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 88-2-6-1 is hereby approved and granted, and the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution Councilman Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING TITLE 12, CHAPTER 04 (STREETS AND SIDEWALKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 235 THERETO (Newspaper Receptacles) 25782 A roll call vote was taken on the foregoing Ordinance with the following result AYES Feenstra and Taylor NAYS Ochala, Toy, Bishop, Jurcisin and McCotter The President declared the foregoing Ordinance denied. On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #513-90 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 15, 1990, submitted pursuant to Council Resolution 207-89, in connection with the report and recommendation of the Director of Inspection, dated February 7, 1989, approved by the City Attorney and approved for submission by the Mayor, with regard to fencing requirements for homeowners' pools as set forth in Section 15 40 150 of the Livonia Code of Ordinances, as amended, the Council does hereby determine to take no further action On a motion by Councilman Feenstra, seconded by Councilman Jurcisin, and unanimously adopted, it was #514-90 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated May 15, 1990, submitted pursuant to Council Resolution 830-89, in connection with a request that the Inspection Department withhold enforcement of the Commercial Lawn Care Ordinance (No 1998) pending further review of the Ordinance by the Legislative Committee, the Council does hereby refer this item to the Department of Law for the preparation of an amendment which would include the recommended changes. Councilwoman Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 050, 060A, 070 and 090 OF, AND ADDING SECTIONS 065 AND 110 TO, TITLE 9, CHAPTER 30 (NARCOTICS AND DANGEROUS SUBSTANCES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, Feenstra, Toy, Bishop, Taylor, Jurcisin and McCotter 25783 NAYS. None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Jurcisin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 2 08 OF ARTICLE II AND SECTION 11.03 OF ARTICLE XI OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" (Petition 89-1-6-1) A roll call vote was taken on the foregoing Ordinance with the following result- AYES- OrhAla, Feenstra, Toy, Bishoo, Taylor, Jucisin and McCotter NAY` The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE REPEALING SECTION 050, AMENDING SECTIONS 060 AND 090, AND ADDING SECTION 120 TO TITLE 5, CHAPTER 69 (PRECIOUS METAL AND GEM DEALERS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Ochala, Feenstra, Toy, Bishop, Taylor, Jurcisin 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 Ochala, 25784 and unanimously adopted, it was #515-90 RESOLVED, that having considered the report and recommendation of the Water, Drainage, Sewage and Waste Disposal Committee, dated May 16, 1990, submitted pursuant to Council Resolution 356-90, in connection with a letter from the General Manager of Waste Management of Michigan -North, 19200 West Eight Mile Road, Southfield, Michigan 48075, dated February 27, 1990, wherein a request s submitted to exercise the extension option set f( in the cor ract authorized in Council Resolution 867-87, which woul expire on September 30, 1990, and having also consiu, letters from Waste Management of Michigan -North, dated May 16, 990, with regard to this item, the Council does hereby refer the proposed contract extension and possible inclusion of recycling in such contract extension to the Mayor for his report and recommendation, which would include the impact, if any, of the SEV factor and/or The Headlee Amendment and/or the need for providing additional funding sources, if necessary, in order to provide the money -equired to implement the said contract extension and/or recycling and/or composting programs, further the Council does hereby request that the Finance Der)-- nd the Law Department submit their reports and rr 'is on the terms of t e proposed contract extension, a areby requested that :he Chairman of the Water and SL. ,ittee be notified in advance of any meetings conducted WiL,, --spect to this matter Councilman Feenstra took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 30 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 89-12-1-36) A roll call vote was taken on the foregoing Ordinance with the following result AYES. Ochala, Feenstra, Toy, Bishop, Taylor, Jurcisin and McCotter NAYS• None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop gave first reading to the following Ordinance• 25785 AN ORDINANCE ADDING SECTIONS 404, 405, 406, 407, 408 and 409 TO TITLE 2, CHAPTER 96 (RETIREMENT PLAN) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. Councilman Bishop invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result• AYES. Ochala, Feenstra, Toy, Bishop, Taylor, Jurcisin and McCotter. NAYS• None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 38 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition 89-12-6-9) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting. On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was #516-90 RESOLVED, that having considered a letter from the President of the Livonia - Novi Spartan Aquatic Club, dated May 9, 1990, wherein a request is submitted for permission to host its Second Annual United States Long Course Swim Meet at the Clement Circle Pool Facility on June 16 - 17, 1990, as well as for permission to authorize the participation of local merchants and concessioners at this swim meet, and having also considered a letter from the Superintendent of Parks and Recreation dated May 15, 1990 and approved for submission by it was the Mayor, the Council does hereby grant and approve this request in the manner and form herein submitted On a motion by Councilman Taylor, seconded by Councilman Feenstra, 1517-90 RESOLVED, that having considered a letter from Evelyn M. Suddendorf, 9116 Newburgh Road, Livonia, Michigan 48150, dated April 9, 1990, wherein she has offered the sum of $8,000 00 for the purchase of certain City -owned property identified as Tax Parcel 46-126-01-0747-001, and having also considered a letter from the Department of Law dated May 23, 1990 and submitted pursuant to CR 477-89, the Council does hereby reject the aforesaid offer inasmuch as the same is not in a sufficient amount to constitute fair market value for the subject property and, accordingly, the sale of this property at that figure would not be in the best interests of the citizens and taxpayers of the City of Livonia 25786 A roll call vote was taken on the foregoing resolution with the following result AYES Ochala, Feenstra, Bishop, Taylor, Jurcisin and McCotter NAYS Toy The President declared the resolution adopted On a motion by Councilman Taylor, seconded by Councilman Ochala, and unanimously adopted, it was #518-90 RESOLVED, that having considered a letter from Alice Juracek, 34024 West Eight Mile Road, Farmington Hills, Michigan 48024, dated May 2, 1990, regarding headlight intrusion problems caused by the shape of the berm at Northridge Commons, and having also considered copies of a letter dated May 1, 1990 from the Nelson/Ross Properties, Incorporated, as well as a letter dated May 14, 1990 from the Ordinance Enforcement Division, the Council does hereby refer this item to the Planning Department and the Inspection Department for their respective reports and recommendations On a motion by Councilman Taylor, seconded by Councilwoman Toy, it was #519-90 RESOLVED, that having considered a communication from the City Assessor, dated May 1, 1990, approved for submission 25787 by the Mayor, with regard to a request from Henry A Talaske, 19845 Doris, 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 determine to deny the request for dividing Tax Item No 46 008 01 0474 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 A roll call vote was taken on the foregoing resolution with the following result - AYES: Toy, Bishop, Taylor, Jurcisin and McCotter NAYS: Ochala and Feenstra. The President declared the resolution adopted. it was On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, #520-90 RESOLVED, that having considered a communication from the Chairperson of the Cable Television Commission, dated May 3, 1990, approved by the Director of Community Resources and approved for submission by the Mayor, and to which is attached resolution 155-90 adopted by the Cable Television Commission wherein it requests that the City Council authorize the archiving of Council Study and Regular Meetings on VHS format for a ten year period to be stored at the Civic Center Library and which matter would be subject to a review and report and recommendation at the conclusion of a two year period, and to which is also attached the report and recommendation of the Commission with regard to the archiving of City Council tapes, the Council does hereby take this means to indicate that it concurs in and approves of such action. A roll call vote was taken on the foregoing resolution with the following result AYES• Ochala, Toy, Jurcisin and McCotter. NAYS• Feenstra, Bishop and Taylor The President declared the resolution adopted. On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was #521-90 RESOLVED, that having considered a communication from the Chairperson of the Cable Television Commission, dated May L 3, 1990, approved by the Director of Community Resources and approved for submission by the Mayor, and to which is attached resolution 155-90 adopted by the Cable Television Commission wherein it requests that the City Council authorize the archiving of Council Study and Regular Meetings on VHS format for a ten year period to be stored at the Civic Center Library and which matter would be subject to a review and report and recommendation at the conclusion of a two year period, and to which is also attached the report and recommendation of the Commission with regard to the archiving of City Council tapes, the Council does hereby receive and file these items On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was #522-90 RESOLVED, that WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1987, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, to obtain its Fiscal Year 1990 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1987, the City of Livonia must submit a statement of Community Development objectives and projected use of funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate Federal and State laws and Department of Housing and Urban Development regulations, and satisfactory assurances that, prior to submission of its final statement of Community Development objectives and projected use of funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, and other important Program requirements, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed statement of Community Development objectives and projected use of funds NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia, that the Final Statement of Community Development Objectives and Projected Use Of Funds for the Fiscal Year 1990 Community Development Block Grant Program is hereby approved and shall be submitted to the Department Of Housing and Urban Development On a motion by Councilman Ochala, seconded by Councilman Jurcisin, and unanimously adopted, it was #523-90 RESOLVED, that the Council dues hereby take this means to indicate that it is the intention of the Council, at a future time, to appropriate $2,000 to be paid to the Western Wayne County Project on Domestic Assault, and an additional $5,000 to be paid to the Community Commission on Drug Abuse, further, the Council does hereby refer this item to the Finance and Insurance Committee for its report and recommendation On a motion by Councilman Feenstra, seconded by Councilman Taylor, and unanimously adopted, it was 1514-90 RESOLVED, that having considered a communication from the City Planning Commission, dated April 30, 1990° which � transmits its resolution 3-321-90 adopted On March 27" 1990, wherein the Commission did amend Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, so as to have the designation of land located north of Joy Road and west of Newburgh Road in the Southeast 1/4 of Section 31 from General Commercial to Medium Density Residential, the Council does hereby acknowledge and certify the receipt Of same it was On a motion by Councilman Ochala, seconded by Councilwoman Toy, #525~90 RESOLVED, that having considered a communication from the City Planning Commission, dated May 9, 1990, which transmits its resolution 5-360-90 adopted OD May 8, 1990, with regard to a sign permit application submitted by Wagner Sign Company for OffiCeMdx to erect a new wall sign at Wonderland Center, the Council does hereby C0DcUr in the recommendation of the Planning Commission and approve the said sign permit application, subject to compliance with the same conditions as Set forth in the action of the Planning Commission 25789 A roll call vote was taken on the foregoing resolution with the following result LAYES` Uchala° Toy, Bishop and McCOtter 25790 NAYS: FeeNstra, Taylor and JUrcisfn. The President declared the resolution adopted On a motion by Councilman Ochala, seconded by Councilman Jurcisin, and unanimously adopted, it was #526-90 RESOLVED, that having considered a communication dated May 7, 1990 from the Department of Law transmitting for Council acceptance a Grant of Easement more particularly described as. Grant of Easement dated April 30, 1990, executed by John and Rita BVhagiar, his wife, for The West 12 feet of the following parcel of land A part of the S.W. 1/4 of Section 4° T 13., R. QE , City of Livonia, Wayne County, Michigan Commencing at the South 1/4 Corner of Section 4, T 13', R gE , thence N DO" lO' 55" East 60 00 feet along the North-South 1/4 line of said Section 4 and S. 89« 50' 37^ W. 200.56 feet and N OD" 10' 55" E. llO feet to the point of Beginning; thence N. OOo lO' 55» East, 80.00 feet, thence S 89" 49' 05o East, 157.50 feet, thence S. 00' lO' 55'/ West 80'00 feet, thence N. 89' 49' 05" W., 157 56 feet to the Point of Beginning (Part of Parcel 015-99-0023-003) the Council does hereby, for and in behalf Of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Register of Deeds and to do all other things necessary Or incidental to fulfill the purpose Of this resolution On a motion by Councilman Jurcisin, seconded by Councilman Taylor, and unanimously adopted, it was f527-90 RESOLVED, that having considered an application from Gregory E. GUrsk«° 16204 Swathmore Lane, Livonia, Michigan 48154, requesting permission to close Penn Street between Quakertown Drive and Stacey Street on June 9, 1990, from 12.00 P M to 5 DD P M for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to Conduct the said affair on June 16, 1990 in the event of inclement weather, the action taken herein being made subject to the approval Of the Police Department « On a motion by Councilman Taylor, seconded by Councilwoman Toy, and unanimously adopted, it was #528-90 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of several items that do not appear on the agenda On a motion by Councilman Feenstra, seconded by Councilwoman Toy, and unanimously adopted, it was it was #529-90 RESOLVED, that having considered a communication from Richard D Cramb, Sr , Commander, American Legion Myron H. Beals - Post 32, 9318 Newburgh Road, Livonia, Michigan 48150, dated May 17, 1990, wherein a request is made for the use of the City's Showmobile on Sunday, May 27, 1990, for a Post fund-raising event, and the waiver of fees, the Council does hereby authorize the use of the Showmobile, provided, however that all insurance requirements for the Showmobile shall be the obligation of the Post, but does hereby deny and reject the requested waiver of fees in connection therewith, further, the Council does hereby request that the Mayor submit a report and recommendation with regard to whose obligation it should be to cover the cost of the wages of the Showmobile attendant On a motion by Councilman Bishop, seconded by Councilwoman Toy, #530-90 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Inspection, dated May 21, 1990 which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby reject the only bid submitted with respect to the 1990 Weed Cutting Program of William Pritula & Sons in the amount of $91,000 00, based on a unit price of $0 035 per square yard, the action being taken herewith for the reasons indicated in the aforesaid communication, further, the Council does hereby authorize the employment of Roberts Maintenance Services, Inc , 18235 Webster, Southfield, MI for a total contract price of $50,960 00, based on a unit price of $0 0196 per square yard for this purpose, 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 contractor and to do all other things necessary or incidental to the full performance of this 25791 25792 resolution, and the Council does hereby authorize an advance in the contract amount from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as the work is completed; with the provision that the Municipal Refuse Fund Account be reimbursed as bills for weed cutting are collected, and this action is taken in accordance with Section 3 04.14005 of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES- Ochala, Feenstra, Toy, Bishop and Taylor NAYS Jurcisin and McCotter The President declared the resolution adopted. On a motion by Councilman Jurcisin, seconded by Councilman Bishop, and unanimously adopted, this 1,177th Regular Meeting of the Council of the City of Livonia was adjourned at 9 35 P.M., May 23, 1990. Rob�_rtF —Nash, City Clerk f