HomeMy WebLinkAboutCOUNCIL MINUTES 1994-06-22 28311
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SEVENTY-FIFTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On June 22, 1994, 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 04 p m Councilmember Kavanagh delivered the
invocation
Roll was called with the following result Sean P Kavanagh, Ron
Ochala, Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, Michael P
McGee, and Gerald Taylor Absent None
Elected and appointed officials present Robert D Bennett,
Mayor; Gary Clark, Assistant City Engineer; John Nagy, City Planner;
Cathryn K White, Chief Assistant City Attorney; Joan McCotter, City Clerk;
Robert Bishop, City Treasurer; Karen A Szymula, Director of Legislative
ihmAffairs; Michael Slater, Finance Director; James Inglis, Director of
Housing; and Lee Grieve, Police Chief
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#457-94 RESOLVED, that the minutes of the 1,274th Regular
Meeting of the Council of the City of Livonia, held June 8, 1994,
are hereby approved as submitted
No one wished to speak during the audience communication portion
at the beginning of the meeting
At the direction of the Chair, Item #11 was removed from the
Consent portion of the Agenda
On a motion by Feenstra, seconded by Toy, it was
#458-94 RESOLVED, that having considered a communication from
the City Assessor, dated May 12, 1994, approved for submission by
11, the Mayor, with regard to a request from Mr Keith Biggs, 9623
Spencer Road, Brighton, Michigan 48116, on behalf of Ms Mary
Blucher, 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 Nos 46 051 99 0011 000 and 46 051 99 0012 000 into four
parcels, the legal descriptions of which shall read as follows
2831 2
PARCEL "A"
The West 1/2 of that part of the SW 1/4 of Section 13, T1S, R9E,
City of Livonia, Wayne County, Michigan; described as beginning
at a point distant due north along the west section line 988 34
ft and S 89°37' E 338 ft from the SW corner of Section 13;
thence due south 136 ft ; thence S 89°37' E along the north
line of Roycroft Street 138 ft ; thence due north 136 ft ; thence
N 89°37' W 138 ft to the point of beginning Containing 9, 384
sq ft , or 0 22 ac
PARCEL "B"
The East 1/2 of that part of the SW 1/4 of Section 13, T1S, R9E,
City of Livonia, Wayne County, Michigan; described as beginning
at a point distant due north along the west section line 988 34
ft and S 89°37' E 338 ft from the SW corner of Section 13;
thence due south 136 ft ; thence S 89°37' E along the north
line of Roycroft Street 138 ft ; thence due north 136 ft ; thence
N 89°37' W 138 ft to the point of beginning Containing 9,384
sq ft , or 0 22 ac
PARCEL "C"
The West 1/2 of that part of the SW 1/4 of the SW 1/4 of Section
13, T1S, R9E, City of Livonia, Wayne County, Michigan; described
as beginning at a point distant north 822 34 ft and east 476 0
ft from the SW corner of Section 13; thence north 166 ft ;
thence east 138 0 ft ; thence south 166 0 ft ; thence west 138 0
ft to the point of beginning Except the south 30 ft thereof
Containing 9, 384 sq ft , or 0 22 ac
PARCEL "D"
The East 1/2 of that part of the SW 1/4 of the SW 1/4 of Section
13, T1S, R9E, City of Livonia, Wayne County, Michigan; described
as beginning at a point distant north 822 34 ft and east 476 0
ft from the SW corner of Section 13; thence north 166 ft ;
thence east 138 0 ft ; thence south 166 0 ft ; thence west 138 0
ft to the point of beginning Except the south 30 ft thereof
Containing 9, 384 sq ft , or 0 22 ac
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
#459-94 RESOLVED, that having considered a letter from Mr Owen
J Cummings of Cummings, McClorey, Davis & Acho, P C , 33900
Schoolcraft, Livonia, Michigan 48150, on behalf of Mr and Mrs
Samuel Durante, dated June 1, 1994, wherein an interest is
expressed in the purchase of certain City-owned property located
on the east side of Newburgh Road, approximately 300 feet south
of Ann Arbor Trail, to construct a residence, the Council does
hereby refer this item to the Department of Law for its report
and recommendation
2831 3
#460-94 RESOLVED, that having considered Petition 94-6-3-6
submitted by Jerry R Brady under the date of June 2, 1994,
wherein a request is submitted for the vacating of a certain
alley located south of Seven Mile Road between Lathers Avenue on
the east and Harrison Avenue on the west, adjacent to Lots 59
through 63 inclusive of the Dohany Subdivision, the Council does
hereby refer this item to the City Planning Commission for action
and recommendation in accordance with provisions of law and City
ordinance
#461-94 RESOLVED, that having considered a communication from
the Livonia Hockey Association, 33723 Five Mile Road, Suite 340,
Livonia, Michigan 48154, dated June 7, 1994, and the report and
recommendation of the Mayor, dated June 13, 1994, with regard to
a request to extend the lease of Devon-Aire Arena for an
additional three (3) year period, and having also considered the
report and recommendation of the Department of Law, dated June
20, 1994, approved for submission by the Mayor, to which is
attached a proposed amendment to the Lease Agreement for
Devon-Aire Arena between the City of Livonia and the Livonia
Hockey Association, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to
execute the attached amendment in the manner and form herein
submitted, as well as to do all other things necessary or
incidental to the full performance of this resolution
A communication from the Inspection Department, dated June 1,
1994, re the awning for Video Vista, 34359 Plymouth Road, was received
and placed on file for the information of the Council (CR 362-94)
#462-94 RESOLVED, that having considered the report and
recommendation from the Executive Director of the Housing
Commission, dated May 31, 1994, approved for submission by the
Mayor, to which is attached an amendment of the Annual
Contributions Contract No C-885, in the amount of $1, 584,150 00
and to which is attached a HUD letter indicating approval of the
Project Development Proposal for the acquisition and
rehabilitation of 15 existing dwelling units, the Council does
hereby approve the said Amendment No 8 and extension of the
current Annual Contributions Contract and does further authorize
the President of the Housing Commission to execute the same in
the manner and form herein submitted and to submit same to the
U S Department of Housing and Urban Development for their
approval
#463-94 RESOLVED, that having considered the report and
recommendation from the Superintendent of Parks and Recreation,
dated May 18, 1994, which bears the signature of the Finance
Director and is approved for submission by the Mayor, with regard
to the need for concrete replacement at Clements Circle and
Botsford Pools, the Council does hereby authorize such work to be
added to the 1994 Sidewalk Contract previously awarded to CLre
28314
Concrete Construction, Inc , 31088 Grennada, Livonia, Michigan
48154; FURTHER, the Council does hereby appropriate and authorize
the expenditure of the total sum of $33, 009 80 from Account
Numbers 101 720 974 000 and 101 721 974 000 for this purpose; and
the Council does hereby appropriate and authorize the transfer of
$1, 009 80 from the Unexpended Fund Balance Account to Account No
101 720 974 000 for this purpose; FURTHER, the Council does
hereby authorize this additional work without competitive bidding
in accordance with Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
#464-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated May 25,
1994, approved by the Finance Director and approved for
submission by the Mayor, and the attached final estimate dated
May 25, 1994, the Council does hereby authorize final payment in
the amount of $1,697 00 to Westland Tree Service, 41307 Five Mile
Road, Plymouth, Michigan 48170, which sum includes the full and
complete balance due on the contract dated December 20, 1993, in
the amount of $14, 975 00, the actual contract amount completed to
date being $16,672 00 in connection with the 1994 Tree and Stump
Removal Program, it appearing from the aforementioned report that
all work under the said contract has been completed in accordance
with City standards and specifications and that the necessary
contractor's affidavit has been filed
#465-94 RESOLVED, that the Council does hereby request that
with respect to the making of City investments, transfers and
disbursements or any other transaction involving City funds or
accounts with any and all banks or financial institutions of any
kind, the name and authorization of Michael T Slater, Finance
Director, to act in behalf of the City of Livonia, be added to
the names of James P Andres, Chief Accountant, and Gerald G
Sabo, Assistant Chief Accountant, to the extent required;
FURTHER, the Council does hereby take this means to amend and
revise to the extent necessary to be consistent with the action
taken herein Council Resolution 495-93, as well as any other
resolutions that may have been previously enacted in this regard
#466-94 RESOLVED, that having considered a communication from
the Department of Law, dated May 27, 1994, approved by the City
Engineer and the Finance Director and approved for submission by
the Mayor, to which is attached an Offer to Purchase Agreement
submitted in behalf of Marygrove Awning Company for the purchase
of certain City-owned property located at 31391 Industrial Road,
Livonia, Michigan, the Council does hereby authorize the sale of
the aforesaid City-owned property to William J Bellinger and
Sharon L Bellinger, his wife, the owner of Marygrove Awning
Company, which land is more particularly described as follows
Lot 21, except the South 200 feet thereof, as measured at
right angles to the East lot line of said lot, Merriman
Industrial Subdivision, as recorded in Liber 88, Pages 25
and 26, Wayne County Records, said subdivision being a part
(REVISED PAGE)
2831 5
of the N W 1/4 of Section 26, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan; also excepting the
following described portion of said Lot 21 reserved for
dlimm Merriman Road right-of-way
That part of the N W 1/4 of Section 26, T 1 S , R 9
E , City of Livonia, Wayne County, Michigan, described
as beginning at a point distant N 0° 02' 20" West,
49 50 feet; thence S 89° 25' 30" East, 140 feet and N
05° 06' 45" West, 203 97 feet to a point on the West
lot line of said Lot 21 from the West 1/4 corner of
said Section 26; and proceeding thence N 05° 06' 45"
West along said West lot line 195 feet; thence S 89°
25' 30" East along the North lot line of said Lot 21,
63 feet; thence S 13° 15' 35" West, 198 89 feet to the
point of beginning (Tax Parcel No 102-01-0021-001)
subject to the following conditions
A Purchase price in the amount of $265, 000 00;
B Payment of $65,000 00 down with balance to be paid within
four (4) years on a land contract with monthly payments of
not less than $1, 969 48, including interest payment at the
rate of 8 5% per annum, which do not include prepaid taxes
and insurance;
Lit C City is to provide a title insurance policy in an amount not
less than the purchase price Note City already has a
title policy which would be updated for this transaction
(estimated cost $656 00) ;
D The deposit money in the sum of $5, 000 00 is to be credited
to the purchase price (deposit is being held by the broker,
Crabill and Company, and will be applied on the commission
to be paid to the broker) ;
E The broker, Crabill and Company, shall receive a commission
in the amount of six (6%) percent of the sale price
($15,900 00) ;
F The purchaser is afforded the right of entry to inspect the
roof and mechanical equipment of the subject property
Based upon such inspection, this offer may be declared null
and void within ten (10) days of the acceptance of the
offer;
G City is to provide a satisfactory environmental report to
the purchaser, requiring a Phase II showing of no
contaminates specifically, but not inclusive, resulting from
Lcontamination from neighboring properties In no event will
the City be required to pay more than $3,000 00 toward said
environmental report;
28316
H City is to provide at closing a survey and legal description
(to be provided by the Engineering Department) ;
Ike
I City is to cause removal of structures to the west of the
property and confirm the construction of the road to the
property known as 12700 Merriman Road; and
J Purchaser acknowledges that the property is presently leased
until November 30, 1994, and agrees to close upon the tenant
vacating the premises on or before December 15, 1994
Purchaser also is granted permission to negotiate a new
lease agreement with the said tenant and, if successful, the
City agrees to close the transaction upon ten (10) days from
written notice from purchaser;
the action herein being taken is in accordance with Section
3 05 090A of the Livonia Code of Ordinances, as amended; and the
Mayor and City Clerk are hereby 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 consummate this transaction
FURTHER, a sum not to exceed $4, 000 00 is hereby appropriated and
authorized to be expended from the $12 Million General Obligation
Road Improvement Bond Issue for the purpose of providing an
environmental report as well as to cover the cost of the title
insurance required for this transaction; and the proceeds
received from this sale shall be deposited in and credited to the
1989 $12 Million General Obligation Road Improvement Bond Issue
#467-94 WHEREAS, pursuant to the direction of the City Council
in its resolution 407-94, adopted on May 25, 1994, and in accor-
dance 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 June 7, 1994,
an assessment roll dated May 17, 1994, for the street improvement
project consisting of 28' wide full-depth asphalt pavement with
mountable asphalt curbs (Alternate III) on Munger Road, east of
Merriman, in the Northwest 1/4 of Section 14, City of Livonia,
Wayne County, Michigan, 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 407-94;
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
Los 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
28317
Wednesday, August 10, 1994, at 8 00 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
Wednesday, August 10, 1994, at 8 00 p m ; 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
#468-94 WHEREAS, pursuant to the direction of the City Council
in its resolution 402-94, adopted on May 25, 1994, and in accor-
dance with Section 3 08 140 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 June 8, 1994,
an assessment roll dated June 8, 1994, for the street lighting
improvement consisting of the installation of 100-watt high
pressure sodium lights on colonial post top poles with
underground wiring for Stonehouse Avenue, Joy Road to Minton
(including the Forest Oaks Subdivision) in the Southeast 1/4 of
IL. Section 31, City of Livonia, Wayne County, Michigan, 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
402-94;
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, August 10, 1994, at 8 00 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
Wednesday, August 10, 1994, at 8 00 p m ; 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
28318
A roll call vote was taken on the foregoing resolutions with the following
110 result
AYES Kavanagh, Ochala, Toy, Jurcisin, Feenstra, McGee, and
Taylor
NAYS None
Ochala left the podium at 8 07 p m in order to avoid a perceived
impropriety regarding the next Agenda item due to an unrelated business
interest
On a motion by Feenstra, seconded by Kavanagh, it was
#469-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 6, 1994, which transmits
its resolution 4-77-94, adopted on April 12, 1994, with regard to
the proposed preliminary plat of Victor Hill Subdivision to be
located between Northland and Seven Mile Roads, west of Newburgh
Road, in the Southwest 1/4 of Section 6, City of Livonia, Wayne
County, Michigan, and the preliminary plat having been approved
by the City Planning Commission on April 12, 1994, the Council
does hereby approve of the said preliminary plat based upon the
110 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
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh, Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS None
The President declared the resolution adopted
Ochala returned to the podium at 8 08 p m
On a motion by Jurcisin, seconded by McGee, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated May 9, 1994, which transmits
its resolution 5-90-94, adopted on May 3, 1994, with regard to a
sign permit application submitted by Sterling Bank & Trust
requesting approval to erect one ground sign on property located
at 37100 Six Mile Road in Section 8, the Council does hereby
concur in the recommendation of the Planning Commission and
28319
approve the said sign permit application subject to the following
16 conditions
1 That the Sign Package by Apex Sign Group, Inc , received by
the Planning Commission on April 13, 1994, is hereby
approved and shall be adhered to; and
2 That the sign area shall not be illuminated beyond one hour
after the last tenant in the shopping center closes
On a motion by Ochala, seconded by Kavanagh, it was
RESOLVED, that the City Council does hereby determine,
in lieu of the foregoing resolution, to substitute the following
RESOLVED, that having considered a communication from
the City Planning Commission, dated May 9, 1994, which transmits
its resolution 5-90-94, adopted on May 3, 1994, with regard to a
sign permit application submitted by Sterling Bank & Trust
requesting approval to erect one ground sign on property located
at 37100 Six Mile Road in Section 8, the Council does hereby
concur in the recommendation of the Planning Commission and
approve the said sign permit application subject to the condition
that the resurfacing of the parking lot must be completed by
September 1, 1994 and prior to the sign permit being issued, and
subject to the following additional conditions
1 That the Sign Package by Apex Sign Group, Inc , received by
the Planning Commission on April 13, 1994, is hereby
approved and shall be adhered to; and
2 That the sign area shall not be illuminated beyond one hour
after the last tenant in the shopping center closes
A roll call vote was taken on the motion to substitute as follows
AYES Kavanagh, Ochala, and Toy
NAYS Jurcisin, Feenstra, McGee, and Taylor
The President declared the motion to substitute denied
A roll call vote was then taken on the originally proposed resolution, with
the addition of a condition, as follows
#470-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 9, 1994, which transmits
its resolution 5-90-94, adopted on May 3, 1994, with regard to a
sign permit application submitted by Sterling Bank & Trust
requesting approval to erect one ground sign on property located
lir at 37100 Six Mile Road in Section 8, the Council does hereby
concur in the recommendation of the Planning Commission and
approve the said sign permit application subject to the following
conditions
28320
1 That the Sign Package by Apex Sign Group, Inc , received by
the Planning Commission on April 13, 1994, is hereby
approved and shall be adhered to;
2 That the sign area shall not be illuminated beyond one hour
after the last tenant in the shopping center closes; and
3 That the parking lot must be paved on or before September 1,
1994
with the following result
AYES Kavanagh, Ochala, Toy, Jurcisin, Feenstra, McGee, and
Taylor
NAYS None
The President declared the resolution adopted
Kavanagh gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 94-4-3-4)
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
Kavanagh 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 Kavanagh, Ochala, Toy, Jurcisin, Feenstra, McGee, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Toy gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 94-1-1-3)
28321
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
McGee gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN
AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE"
BY ADDING SECTION 3 THERETO (Petition 94-1-1-4)
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
Ochala gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 94-1-1-5)
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
Toy gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 46 OF ARTICLE XVIII
OF ORDINANCE 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" (Petition 94-2-6-1)
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
28322
Jurcisin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 23 05 OF ARTICLE XXIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 94-2-6-2)
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 Feenstra, seconded by Toy, and unanimously
adopted, it was
#471-94 RESOLVED, that having considered a communication from
the City Assessor, dated May 31, 1994, approved for submission by
the Mayor, with regard to a request from Mr John Wheeler, 16183
Winchester Drive, Northville, Michigan 48167, 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 Nos 46 120
02 0535 000 and 46 120 02 0536 000 into six parcels, the legal
descriptions of which shall read as follows
PARCEL "A"
Part of Lot 536 of "Supervisor's Livonia Plat No 9" of part of
the S E 1/4 of Sec 30, T 1 S , R 9 E , as recorded in Liber
66, Page 60 of Plats, Wayne County Records, more particularly
described as follows commencing at the S W corner of Lot 536;
thence N O1°54' 10" W 28 09 feet along the West line of Lot 536
to the point of beginning; thence continuing along said West line
of Lot 536 N 01°54'10" W 156 57 feet; thence N 88°05' 50" E
71 52 feet; thence S 01°54' 10" E 177 12 feet along the East
line of Lot 536; thence N 75°52' 20" W 74 41 feet along the
proposed 60' R 0 W line of Plymouth Road to the point of
beginning Containing 0 2739 acres Subject to easements and
restrictions of record
PARCEL "B"
Part of Lot 536 of "Supervisor's Livonia Plat No 9" of part of
the S E 1/4 of Sec 30, T 1 S , R 9 E , as recorded in Liber
66, Page 60 of Plats, Wayne County Records, more particularly
described as follows commencing at the S W corner of Lot 536;
thence N 01°54' 10" W 184 66 feet along the West line of Lot 536
to the point of beginning; thence continuing along said West line
of Lot 536 N 01°54'10" W 186 56 feet; thence N 88°05' 50" E
71 52 feet; thence S 01°54' 10" E 186 56 feet along the East
160 line of Lot 536; thence S 88°05' 50" W 71 52 feet to the point
of beginning Containing 0 3063 acres Subject to easements and
restrictions of record
28323
PARCEL "C"
Part of Lot 536 of "Supervisor's Livonia Plat No 9" of part of
the S E 1/4 of Sec 30, T 1 S , R 9 E , as recorded in Liber
66, Page 60 of Plats, Wayne County Records, more particularly
described as follows commencing at the S W corner of Lot 536;
thence N O1°54' 10" W 371 22 feet along the West line of Lot 536
to the point of beginning; thence continuing along said West line
of Lot 536 N 01°54' 10" W 193 26 feet; thence N 88°00' 53" E
71 52 feet; along the North line of Lot 536; thence S 01°54' 10"
E 193 36 feet along the East line of Lot 536; thence S
88°05' 50" W 71 52 feet to the point of beginning Containing
0 3174 acres Subject to easements and restrictions of record
PARCEL "D"
Part of Lot 535 of "Supervisor's Livonia Plat No 9" of part of
the S E 1/4 of Sec 30, T 1 S , R 9 E , as recorded in Liber
66, Page 60 of Plats, Wayne County Records, more particularly
described as follows commencing at the S W corner of Lot 535;
thence N 01°54' 10" W 28 09 feet along the West line of Lot 535
to the point of beginning; thence continuing along said West line
of Lot 535 N 01°54' 10" W 177 12 feet; thence N 88°05' 50" E
69 20 feet; thence S 01°54' 10" E 197 00 feet along the East
line of Lot 535; thence N 75°52'20" W 72 00 feet along the
proposed 60' R 0 W line of Plymouth Road to the point of
beginning Containing 0 2972 acres Subject to easements and
restrictions of record
PARCEL "E"
Part of Lot 535 of "Supervisor's Livonia Plat No 9" of part of
the S E 1/4 of Sec 30, T 1 S , R 9 E , as recorded in Liber
66, Page 60 of Plats, Wayne County Records, more particularly
described as follows commencing at the S W corner of Lot 535;
thence N 01°54' 10" W 205 21 feet along the West line of Lot 535
to the point of beginning; thence continuing along said West line
of Lot 535 N 01°54'10" W 186 56 feet; thence N 88°05' 50" E
69 20 feet; thence S 01°54' 10" E 186 56 feet along the East
line of Lot 535; thence S 88°05' 50" W 69 20 feet to the point
of beginning Containing 0 2964 acres Subject to easements and
restrictions of record
PARCEL "F"
Part of Lot 535 of "Supervisor' s Livonia Plat No 9" of part of
the S E 1/4 of Sec 30, T 1 S , R 9 E , as recorded in Liber
66, Page 60 of Plats, Wayne County Records, more particularly
described as follows commencing at the S W corner of Lot 535;
thence N 01°54'10" W 391 77 feet along the West line of Lot 535
to the point of beginning; thence continuing along said West line
of Lot 535 N 01°54' 10" W 193 36 feet; thence N 88°00' 53" E
69 20 feet along the North line of Lot 535; thence S 01°54' 10"
E 193 46 feet along the East line of Lot 535; thence S
88°05' 50" W 69 20 feet to the point of beginning Containing
0 3073 acres Subject to easements and restrictions of record
(REVISED PAGE - CR 473-94)
28324
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, FURTHER, that the abutting Plymouth Road right-of-way
shall be dedicated to its fullest extent (60' ) and street lights
shall be installed, and all other requirements of the Plat Act
shall be followed
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#472-94 RESOLVED, that having considered a communication from
Corporate Child Care Management, 35526 Grand River, Suite 300,
Farmington Hills, Michigan 48335, dated May 31, 1994, on behalf
of 3PM McKesson, requesting approval to develop an on-site/
near-site child care center for their employees on property
located at 30927 Schoolcraft Road, Livonia, Michigan 48150, the
Council does hereby approve this request subject to the
petitioners obtaining a variance for this purpose from the Zoning
Board of Appeals
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was
#473-94 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated May 31, 1994,
approved by the Finance Director and approved for submission by
the Mayor, the Council does hereby authorize the purchase of a
Live Scan Fingerprinting Management System from Digital
Biometrics Inc , 5600 Rowland Road, Minnetonka, Minnesota
55343-4315, for the price of $57,118 00, the same to be
appropriated and expended from Account No 101 307 987 000 for
this purpose; and the Council does hereby appropriate and
authorize the transfer of the additional sum of $9,118 00 from
Account No 101 304 702 000 to Account No 101 307 987 000 and
the expenditure of such amount for this purpose; FURTHER, the
Council does hereby authorize the said purchase without
competitive bidding in accordance with Section 3 04 140D4 of the
Livonia Code of Ordinances, as amended
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#474-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 31, 1994, approved
for submission by the Mayor, the Council does hereby authorize
the release to Mr Louis Ronayne, 28947 Glenbrook, Farmington
Hills, Michigan 48331, the proprietor of Bobrich Circle
Subdivision, located in the Southeast 1/4 of Section 11, of the
financial assurances previously deposited with respect to the
Sidewalk Improvements, in the sum of $1, 700 00 pursuant
28325
to Council Resolution 607-87 adopted on July 1, 1987, and
suzsequently amended in Council Resolution 965-89, and the action
herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these
improvements have been satisfactorily installed in accordance
with the rules and regulations and ordinances of the City of
Livonia
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#475-94 RESOLVED, that having considered a communication from
the City Engineer and the Director of Public Works, dated June 2,
1994, which bears the signature of the Finance Director and is
approved for submission by the Mayor, the Council does hereby
determine to accept the bid withdrawal request of the low bidder,
Mago Construction Company, and hereby authorize the return of
their bid bond for the reasons noted in their letter to the City
dated June 1, 1994; FURTHER, the Council does hereby determine to
accept the bid of SBG Construction, Inc , P 0 Box 6067, Wixom,
Michigan 48393, in the amount of $565, 715 00 for the replacement
of certain water mains within the City based on the Engineering
Division's estimate of units of work involved, and subject to
final payment based on the actual units of work as constructed in
accordance with the unit prices accepted herein, said estimated
cost and unit prices having been in fact the lowest bid received
for this work (based upon the withdrawal of the bid submitted by
Mago Construction Company) ; and the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$565, 715 00 from Account No 591---/158-031 (Construction-in-
Progress Water Main Replacement) ; and the City Engineer is hereby
authorized to approve minor adjustments in the work as it becomes
necessary; and the Mayor and the City Clerk are hereby authorized
to execute a contract for and on behalf of the City of Livonia
with the aforesaid bidder as well as to do all other things
necessary or incidental to the full performance of this
resolution
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#476-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 13, 1994, which
transmits its resolution 6-106-94, adopted on June 7, 1994, with
regard to Petition 94-4-2-11, submitted by Lorrine B Salan
requesting waiver use approval to operate an arcade with
mechanical amusement devices within the Livonia Mall shopping
center located at the northwest corner of Seven Mile and
Middlebelt Roads in the Southeast 1/4 of Section 2, which
IMP property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
94-4-2-11 is hereby approved and granted, subject to the
following conditions
28326
1 That the Floor Plan/Storefront Elevation Plan marked Sheet
P-1 dated 4-12-94 prepared by Jon Greenburg & Associates,
Inc , Architects, which is hereby approved shall be adhered
to;
2 That the total number of mechanical amusement devices shall
not exceed 25;
3 That the hours of operation shall not extend beyond 9 00
p m except on Friday and Saturday when the hours may be
extended to no later than 11 00 p m subject to a variance
being granted by the Zoning Board of Appeals for such
extended hours; and
4 That the subject area shall be soundproofed as required in
the Zoning Ordinance Section 11 03 (s) (5)
A report and recommendation from the Offices of the Mayor and the
City Treasurer, dated June 10, 1994, re school contracts for tax
collection was received and placed on file for the information of the
Council (CR 350-94)
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
#477-94 RESOLVED, that the Council does hereby discharge the
Committee of the Whole from further consideration of Council
Resolution 922-90 relating to the request for a report and
recommendation with regard to the topic of the City' s tax
collection for other taxing units (school districts)
A communication from the Office of the City Clerk, dated June 7,
1994, re the tax rate levy for 1994 from the Board of Trustees of the
Schoolcraft Community College District for that portion of the District in
the City of Livonia was received and placed on file for the information of
the Council
On a motion by Feenstra, seconded by Jurcisin, it was
#478-94 RESOLVED, that having considered the report and
recommendation of the Mayor and City Treasurer, dated June 10,
1994, and submitted pursuant to Council Resolution 350-94,
regarding the school contracts for tax collection, the Council
does hereby concur with the recommendation contained therein, and
does further authorize the Mayor, the City Clerk and the City
Treasurer, for and on behalf of the City of Livonia, to execute
an agreement as revised with the Livonia Public Schools School
District, Clarenceville School District and Schoolcraft College
28327
for summer tax collection, said agreement to be made subject to
approval as to form by the Department of Law
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and McGee
NAYS Taylor
The President declared the resolution adopted
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
#479-94 RESOLVED, that having considered a communication from
the Director of Community Resources, dated June 6, 1994, 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 $2,099 82 from the sources
indicated in the aforesaid communication; FURTHER, the Council
does hereby appropriate and credit the sum of $2, 099 82 to
Account #702-000-385-216 for use in the Senior Citizen Programs
On a motion by Toy, seconded by Ochala, and unanimously adopted,
it was
#480-94 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of items that do not appear on the
agenda
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#481-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 26, 1994, which sets
forth its resolution 4-73-94 adopted on April 12, 1994, with
regard to Petition 94-2-1-7, submitted by the City Planning
Commission pursuant to Council Resolution 83-94, for a change of
zoning on property located west of Middlebelt, between Five Mile
Road and Wentworth Avenue, in the Southeast 1/4 of Section 14,
from PL to R-9, and the Council having conducted a public hearing
with regard to this matter on Monday, June 20, 1994, pursuant to
Council Resolution 342-94, the Council does hereby approve
Petition 94-2-1-7 for preparation of the ordinance for submission
Los to Council; and the City Planner is hereby instructed to cause
the necessary map for publication to be prepared indicating the
zoning change herein approved and to furnish the same to the
Department of Law and, upon receipt of such map, the Department
of Law is requested to prepare an ordinance amending Ordinance
543, as amended, in accordance with this resolution
28328
On a motion by Feenstra, seconded by Ochala, and unanimously
Li adopted, it was
#482-94 RESOLVED, the Council does hereby request, in
accordance with Section 23 01 (a) of Zoning Ordinance 543, that
the City Planning Commission conduct a public hearing and
thereafter submit a report and recommendation on the question of
whether the City-owned property located west of Middlebelt,
between Five Mile and Puritan, should be rezoned from PL to NP
During the audience communication portion of the meeting, Council
President Taylor informed the viewing public that Joseph (Joe) Jenkin
passed away on the evening of June 20, 1994 Joe served for 30 years on
the Livonia Library Commission, often as its President A memorial service
is scheduled for June 29, 1994 at 11 00 a m at the Newburgh United
Methodist Church He will be missed by all those who knew him
No one in the audience wished to speak at this time
On a motion by Ochala, seconded by Kavanagh, and unanimously
Lim adopted, this 1,275th Regular Meeting of the Council of the City of Livonia
was adjourned at 8 39 p m , June 22, 1994
i
- At ULU 44[11
J., McCotter, City Clerk
il
ILIII