HomeMy WebLinkAboutCOUNCIL MINUTES 1993-10-13 27910
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FIFTY-EIGHTH
lier REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On October 13, 1993, 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 8:05 p.m Councilmember Toy delivered the
invocation.
Roll was called with the following result Laura M Toy, Dale A.
Jurcisin, Michael P McGee, Sean P Kavanagh, Ron Ochala, and Gerald
Taylor. Absent Fernon P Feenstra
Elected and appointed officials present: Robert D Bennett,
Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Harry
Tatigian, City Attorney, Joan McCotter, City Clerk; Karen A Szymula,
Director of Legislative Affairs; James Andres, Chief Accountant; James
lbw Inglis, Director of Housing; Suzanne Wisler, Director of Community
Resources; Lee Grieve, Police Chief; and Lowell Peterson, Cable Television
Commission
On a motion by Kavanagh, seconded by Toy, and unanimously
adopted, it was
#808-93 RESOLVED, that the minutes of the 1,257th Regular
Meeting of the Council of the City of Livonia, held September 29,
1993, are hereby approved as submitted.
On a motion unanimously introduced, seconded and adopted, it was:
#809-93 WHEREAS, Newburgh Village was built in 1991-1992 by the
City of Livonia in order to respond to the need for affordable
elderly housing, and
WHEREAS, the City of Livonia Building Authority issued
$6,000,000 in revenue bonds to finance the construction and
development of Newburgh Village, and
WHEREAS, 120 units consisting of 80 one-bedroom apartments and
40 two-bedroom apartments of affordable housing for the elderly
were constructed as 10 one-story buildings in a residential-
single family setting and priced at an average of $200 below
market rate, and
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WHEREAS, the National Association of Housing and Redevelopment
Officials selected the Newburgh Village Housing Facility as the
low recipient of the "NAHRO Award of Merit in Housing and Community
Development" for this region, and
WHEREAS, the Newburgh Village Housing Facility also won one of
four National Agency "Awards of Excellence in Program Innovation:
Economic Impact;" which is awarded for innovative use of programs
in areas such as creative financing, economic development,
public/private relations, neighborhood preservation, production
and rehabilitation of assisted housing, mixed income
developments, modernization, and preservation of assisted
housing, and
WHEREAS, the Newburgh Village facility was constructed within
its $6,000,000 budget and approximately $500,000 in excess funds
were used to retire additional debt
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council
of the City of Livonia does hereby commend and congratulate James
M Inglis, Executive Director, and the staff of the Livonia
Housing Commission; Donald DiComo and the staff of Kamp-DiComo
Associates, Architects of the development; William and Kurt
Roskelly and the staff of Camborne Construction Engineering,
Incorporated, Construction Manager of the development; for their
professionalism and efforts on behalf of all the citizens of
Livonia
President Taylor congratulated Council Vice President Michael P.
McGee for having been recognized in the October 11, 1993 issue of Crain's
Detroit Business magazine as being one of the top 40 executives who is
under 40 years of age
During the audience communication portion of the meeting, David
Goeddeke, 15000 Lyons, spoke regarding the issue of the City seal on
campaign literature
On a motion by Kavanagh, seconded by McGee, it was
#810-93 RESOLVED, that the Council does hereby request that the
Legislative Committee submit a report and recommendation with
regard to the question of letters which bear the seal of the City
of Livonia, the signature of an elective office holder, and which
purport to be in support of another candidate for elective office
in connection with the consideration to be given to the proposed
new ethics ordinance
A roll call vote was taken on the foregoing resolution with the following
result
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AYES: Toy, Jurcisin, McGee, Kavanagh, and Taylor.
im. NAYS: Ochala.
The President declared the resolution adopted.
Valerie Przywara, 15687 Surrey, spoke regarding the issue of
airport noise.
Michael Heckman, 38669 Summers, submitted resolutions for the
City Council to consider regarding the NAFTA Agreement
Additionally, Tim Bailey, 9826 Cranston, a member of CAAN
(Citizens Against Airport Noise), spoke relative to the issue of airport
noise during the audience communication portion.
A communication from the Department of Finance, dated September
23, 1993, re various financial statements of the City of Livonia for the
month ending August 31, 1993, was received and placed on file for the
information of the Council
At the direction of the Chair, Item #1 was removed from the
Consent portion of the Agenda.
On a motion by Kavanagh, seconded by Jurcisin, it was:
#811-93 RESOLVED, that having considered a letter from Betty
Deshano, 10047 Deering, Livonia, Michigan 48150, dated September
23, 1993, which, in behalf of the Franklin High School Patriots
Club, requests permission to place 11" x 14" lawn type signs
advertising craft shows to be conducted on Saturday, November 20,
1993 and Saturday, March 19, 1994 at the following intersections,
and which signs would be installed two weeks in advance of each
show and removed the following day
Joy and Inkster NW
Joy and Merriman NW, NE
W. Chicago and Middlebelt NW, SE
Joy and Farmington SE, NE
Plymouth and Inkster SW, NW
Plymouth and Farmington NE, SW
Schoolcraft and Farmington NE, SW
Six Mile and Newburgh NE
Joy and Middlebelt NW, NE
W Chicago and Inkster SW
Plymouth and Middlebelt SE, SW
Plymouth and Merriman SW, SE
Schoolcraft and Merriman NW, SW
Seven Mile and Wayne NW, NE
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the Council does hereby approve of and concur in this request in
itm the manner and form herein requested.
Communications from Sandra Kettenbeil and John DelSignore, owner
of Laurel Manor Banquet & Conference Center, dated September 15 & 16, 1993,
and September 20, 1993, respectively, re: the posting of one-way traffic
signs and additional signage at Laurel Park Manor Banquet Hall for cars
traveling on Schoolcraft Service Drive between Newburgh and Eckles were
received and placed on file for the information of the Council
#812-93 RESOLVED, that having considered the report and
recommendation of the Mayor, dated September 29, 1993, with
regard to a traffic and signage problem at Laurel Manor as
described in a letter from Sandra Kettenbeil, dated September 15,
1993, the Council does hereby request that the Traffic Commission
submit its report and recommendation with respect to this matter,
including consideration of submission of a request to the County
of Wayne to increase the street lighting on Schoolcraft Road west
of Laurel Manor
#813-93 RESOLVED, that having considered a communication from
the City Clerk, dated September 27, 1993, with regard to a
proposal to amend certain provisions of the Livonia Code of
Ordinances, Sections 5.30 030 and 5.12 010, concerning the
licensing of mechanical amusement devices and pool/billiard
tables inasmuch as the current provisions may not ensure proper
investigation and enforcement by the Police Department, the
Council does hereby refer this item to the Legislative Committee
for its report and recommendation
#814-93 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated September 16, 1993,
which bears the signature of the Department of Finance and
is approved for submission by the Mayor, and having also
considered a letter from Allie Brothers, dated September 8,
1993, the Council does hereby authorize the purchase of uniform
shirts and uniform pants for the Fire Department from Allie
Brothers, 20295 Middlebelt Road, Livonia, Michigan 48152, for the
same unit bid prices accepted in Council Resolution 910-92,
adopted on December 9, 1992, for an additional two-year period;
FURTHER, the Council does hereby authorize the action herein
without competitive bidding in accordance with Section 3.04.104D5
of the Livonia Code of Ordinances, as amended.
#815-93 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated September 15, 1993,
which bears the signature of the Finance Department and is
approved for submission by the Mayor, the Council does hereby
accept the bid of Lou LaRiche Chevrolet, 40875 Plymouth Road,
Plymouth, Michigan, for leasing a 1994 Chevrolet Cavalier, 4
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door, 4 cylinder vehicle for a term of 36 months, $199 99 per
month, 45,000 maximum miles, for use by the Housing Commission's
rehabilitation supervisor to perform CDBG-Housing related
business, the same having been in fact the lowest bid received
and meets all specifications, the cost of which is to be defrayed
by use of CDBG funds for this purpose
A communication from the Inspection Department, dated September
10, 1993, re: a residential privacy fence complaint at 35211 Leon was
received and placed on file for the information of the Council. (CR 700-93)
#816-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Public
Utility Manager, dated September 23, 1993, approved by the
Finance Department and approved for submission by the Mayor, the
Council does hereby authorize the replacement of a cooling tower
at Fire Station Headquarters on an emergency basis by Detroit
Temperature Engineers, Inc , 12490 Globe Road, Livonia, Michigan
48150, for the total price of $5,657 00; FURTHER, the Council
does hereby authorize the said item without competitive bidding
in accordance with Section 3 04 140D1 of the Livonia Code of
Ordinances, as amended
#817-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated September
27, 1993, approved by the Finance Department and approved for
submission by the Mayor, the Council does hereby authorize the
purchase from Morton Salt Division, Morton International, Inc ,
Ice Control Department - 17th Floor, 100 North Riverside Plaza,
Chicago, Illinois 60606, of rock salt at a unit price bid of
$25.64 per ton for the period September 1, 1993 to August 31,
1994, under State of Michigan Contract Agreement No 9924;
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price, as well as for the
additional reasons indicated in the aforesaid communication; and
such action is taken in accordance with the provisions set forth
in Section 3.04.140D5 of the Livonia Code of Ordinances, as
amended
#818-93 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
September 9, 1993, approved as to form by the City Attorney and
approved for submission by the Mayor, and to which is attached a
letter from the Director of the Wayne County Office of Nutrition
Services, dated September 3, 1993, enclosing a proposed agreement
for distribution of U S D.A TEFAP commodity products for the
residents of Wayne County only, excluding the City of Detroit,
initially authorized in Council Resolution 353-85, and by which
agreement the City would participate in the TEFAP Distribution
Program through the period ending September 30, 1994, the Council
does hereby request that the Mayor and City Clerk execute the
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attached agreement for and on behalf of the City of Livonia, as
well as to do all other things necessary or incidental to the
full performance of this resolution.
A communication from the Office of the Mayor, dated September 24,
1993, re: the rental of City property as sites for the installation of
cellular phone towers was received and placed on file for the information
of the Council (CR 736-93)
#819-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 20, 1993,
approved for submission by the Mayor, regarding replacement
and/or construction of new sidewalks (and/or drive approaches) in
the City of Livonia pursuant to the 1993 Sidewalk Repair Program
at the locations and in the amounts indicated in the attachment
to the aforesaid communication, which work was done pursuant to
Council Resolution 8-93, and in accordance with the provisions of
Section 12 04 340 of Chapter 4 of Title 12 of the Livonia Code of
Ordinances, as amended, the City Treasurer is hereby directed to
send a statement of charges to all property owners in the amounts
listed above in accordance with Section 3 08 150 of Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, and the
Council does hereby establish the evening of December 20, 1993 at
7:45 p.m. at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan, as the time and place when the Council shall
meet for the purpose of adopting a resolution placing a special
assessment upon said property for such charges unless the same
are paid prior to the date of such meeting; and the City Clerk
and City Treasurer are hereby requested to do all things
necessary or incidental to the full performance of this
resolution
#820-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 27, 1993, which
transmits its resolution 7-138-93, adopted on July 13, 1993,
wherein the Commission did amend Part VI of the Master Plan of
the City of Livonia, entitled the Master Fire Station Plan, so as
to delete an existing proposed fire station site and designate a
new location in the South 1/2 of Section 5, the Council does
hereby certify and acknowledge receipt of same.
#821-93 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from EPI Printers,
Inc , dated September 29, 1993, covering new industrial
facilities to be located within City of Livonia Industrial
Development District 54;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA
that it determines as follows:
27916
1 The City Clerk shall provide copies of the said Application
ifts to the legislative bodies of the governmental units deriving
property taxes from the property which will be affected, as
required by Act 198, P A 1974, as amended
2. The City Clerk shall contact each of the affected taxing
units and, (i) indicate the Council's interest in this
matter, and (ii) assist these taxing units in collecting
such information as may be necessary to determine their
respective opinions on this Application and, (iii) advise
the said taxing units of this Council's desire to hold a
hearing on this Application on Wednesday, November 17, 1993,
at 8 00 p m. at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan.
3 The Council hereby sets Wednesday, November 17, 1993, at
8:00 p.m at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan, as the date, time and place for
conducting a hearing on said Application
#822-93 RESOLVED, that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan of
1921, as amended, the City Zoning Act (MSA 5 2934; MCLA 125.584),
as well as Article XXIII of Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia, the Council does hereby
determine that a public hearing will take place before the City
LCouncil of the City of Livonia on Wednesday, November 17, 1993,
at 8 00 p m. at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item
Petition 93-8-1-13, submitted by T. Rogvoy Assoc & Boston
Chicken for a change of zoning on property located on the
west side of Middlebelt Road between Seven Mile Road and
Clarita Avenue in the Northeast 1/4 of Section 11, from P to
C-2, the City Planning Commission in its resolution 9-174-93
having recommended to the City Council that Petition
93-8-1-13 be approved;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendment to the Zoning Ordinance, and/or
(b) location of the proposed change of zoning as set forth
above, first to be published in the official newspaper of
the City or a newspaper of general circulation in the City
of Livonia as well as to, not less than fifteen (15) days
prior to said public hearing, cause to have notice to be
given by certified mail to each public utility company and
to each railroad company owning or operating any public
utility or railroad within the districts or zones affected;
and FURTHER, the City Clerk is requested to do all other things
necessary or incidental to the full performance of this
resolution.
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A roll call vote was taken on the foregoing resolutions with the following
result
AYES: Toy, Jurcisin, McGee, Kavanagh, Ochala, and Taylor.
NAYS: None.
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
#823-93 RESOLVED, that having considered a communication from
the Director of Institutional Advancement of Schoolcraft College,
dated September 15, 1993, wherein a request is submitted for a
waiver of transient merchant fees for both days of this event, as
well as a request to place 22" x 14" campaign signs advertising a
craft show to be conducted on Saturday and Sunday, November 13
and 14, 1993, in the Schoolcraft College gymnasium, the purpose
of which is to raise funds for student scholarships, which signs
would be installed no earlier than November 8, 1993 at the
following locations
One sign Five Mile and Haggerty
Two signs Six Mile and Haggerty
Two signs Seven Mile and Haggerty
L One sign
Two signs Eight Mile and Haggerty
One sign
Laurel Park Dr. and Six Mile Road
Six Mile and Newburgh
Two signs Seven Mile and Newburgh
One sign Seven Mile and Middlebelt (near Livonia
Mall)
One sign Seven Mile and Farmington (near Kmart)
the Council does hereby concur in and approve of this request in
the manner and form herein submitted
Ochala gave first reading to the following Ordinance:
AN ORDINANCE ADDING CHAPTER 88 (SALE OF TOBACCO
PRODUCTS TO MINORS) TO TITLE 9 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
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
ibe
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Jurcisin took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 1 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 93-5-1-6)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Toy, Jurcisin, McGee, Kavanagh, Ochala, and Taylor.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Ochala, seconded by Jurcisin, and unanimously
adopted, it was
#824-93 RESOLVED, that having considered a communication from
the City Assessor, dated September 13, 1993, approved for
submission by the Mayor, with regard to a request from Ms.
Kathleen Michael, 5830 Snowshoe Circle, Bloomfield Hills,
Michigan 48301, in behalf of Mr Jeff Beane, 17390 Lennane,
Redford, Michigan 48240, and in accordance with the provisions of
1967 PA 288, as amended, as well as Section 18 46 of Ordinance
543, as amended, the Council does hereby approve of the proposed
division and combination of Tax Item No 46-033-01-0411-000
(Includes Lot 412) into two parcels, the legal descriptions of
which shall read as follows
Parcel No 1
Lot 411 and the North 7 8 ft. of Lot 412 of the "Seven Mile
Super Highway Subdivision," of the East 1/2 of the Northeast
1/4 of Section 9, T 1 S , R. 9 E , City of Livonia, Wayne
County, Michigan
Parcel No 2
The South 50 ft of Lot 412 of the "Seven Mile Super Highway
Subdivision," of the East 1/2 of the Northeast 1/4 of
Section 9, T. 1 S , R 9 E , City of Livonia, Wayne County,
Michigan
Imp 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;
(REVISED PAGE - SEE #825-9
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provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals.
On a motion by Kavanagh, seconded by McGee, it was:
#825-93 RESOLVED, that having considered the report and
recommendation of the Chairperson of the Cable Television
Commission, dated September 24, 1993, approved by the Director of
Community Resources, which bears the signature of the Finance
Department and is approved for submission by the Mayor, and which
transmits its resolution 212-93, wherein it is recommended that
the request of the Livonia Public Schools for public access grant
funds in an amount not to exceed $33,426.00 for the purchase of
access equipment with monies available in City of Livonia Cable
Television Fund 297-751-882-010 be approved, which equipment will
permit live cablecasting of Livonia School Board meetings, and
which resolution requests that this purchase be considered and
approved separately from the Livonia Educational Television
Consortium proposal, and which would reduce that proposal from
$357,000 00 to a new Consortium total of $323,574 00, the Council
does hereby refer this item to the City Council/Schools Liaison
Committee for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following
lar result:
AYES: Toy, Jurcisin, McGee, Kavanagh, and Ochala.
NAYS: Taylor
The President declared the resolution adopted.
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
#826-93 RESOLVED, that having considered the report and
recommendation of the Chief Accountant, dated September 24, 1993,
approved for submission by the Mayor, to which is attached a
letter from the Conference of Western Wayne and an invoice in the
amount of $6,788.00 with respect to the City's total dues for
Fiscal Year 1994, the Council does hereby authorize the payment
of the same.
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was:
#827-93 RESOLVED, that having considered a communication from
the Department of Law, dated September 15, 1993, approved by the
City Engineer and Finance Department and approved for submission
by the Mayor, the Council does hereby authorize the Department of
27920
Law to acquire right-of-way at 12425 - 12435 Merriman Road, owned
by Michigan National Bank, described as follows
That part of the S E 1/4 of Section 27, T 1 S. , R 9 E ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point distant S 00°06' 10" E , 110 50 ft. and
N. 89°26' 10" W , 60 ft from the E 1/4 corner of said
Section 27; and proceeding thence N 89°26' 10" W. , 55 ft ;
thence S 04°12'41" E , 348 90 ft ; thence S 89°30'10" E. ,
30 ft. ; thence N 00°06' 10" W , 347 68 ft to the point of
beginning
Portion of Wayne County Bureau of Taxation Property Number
108-99-0004-001 (12425 - 12435 Merriman Road)
subject to the following conditions
(1) that the purchase price shall be in the sum of $47,000;
(2) that the City of Livonia shall pay for the cost of
title work in the sum of $500; and
(3) that the City's portion of the prorated City, County,
County Drain, School and Community College taxes shall
be in a sum not to exceed $500
ime BE IT FURTHER RESOLVED, that a sum not to exceed $48,000 is
hereby authorized to be expended from the Michigan Transportation
Fund (Major Road Account), for the acquisition of said 12425 -
12435 Merriman Road right-of-way; and the City Clerk is hereby
requested to do all things necessary or incidental to the full
performance of this resolution
Kavanagh left the podium at 8 55 p m in order to avoid a perceived
impropriety regarding the next Agenda item.
On a motion by Ochala, seconded by Jurcisin, it was
#828-93 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated September 24,
1993, approved for submission by the Mayor, in connection with a
letter from the President of Rotondo Brothers, Inc. , dated
February 16, 1993, submitted in behalf of Ray Amin, wherein an
interest is expressed in the purchase of certain City-owned
parcels located on the north side of Seven Mile Road east of
Fitzgerald, and which indicates that Joseph Rotondo and Raymond
Amin have offered to purchase the subject property for $165,000,
and which offer was increased to $190,000 by a letter dated
October 12, 1993, which is considerably less than the market
value of the property as shown by an expert real estate
appraisal, and having also considered a letter from Joseph P
Durso dated October 13, 1993, wherein he has offered to purchase
the said property for the total price of $215,200, the Council
does hereby refer this item to the Committee of the Whole for its
report and recommendation
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A roll call vote was taken on the foregoing resolution with the following
result
AYES: Toy, Jurcisin, McGee, Ochala, and Taylor
NAYS None.
The President declared the resolution adopted.
Kavanagh returned to the podium at 9:01 p.m.
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was
#829-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 13, 1993,
approved as to form by the City Attorney and which bears the
signature of the Mayor, and to which is attached a Grant of an
Exclusive Easement from the City of Livonia to Michigan Bell
Telephone Company of a 20' x 20' area located on the east side of
Wayne Road south of Six Mile Road for the purpose of erecting a
fiber optic cabinet, the legal description of which easement area
on City-owned property in the Northwest 1/4 of Section 16 and the
Northeast 1/4 of Section 17 is described as follows
Part of Outlot 'A' "Golf View Meadows Subdivision #2" of
part of the Northwest 1/4 of Section 16 and part of the
Northeast 1/4 of Section 17, T. 1 S , R. 9 E , City of
Livonia, Wayne County, Michigan (as recorded in Liber 88,
Pages 49 & 50 Wayne County Records), the easement being more
particularly described as commencing at the Northwest corner
of Outlot 'A' ; thence S 01°29'25" East, 168.00' ; to the
Point of Beginning; thence N 88°30'35" East, 20.00' ; thence
S 01°29'25" East, 20.00' ; thence S 88°30'35" West, 20.00' ;
thence N 01°29'25" West, 20 00' to the Point of Beginning
The Council does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute the attached
Grant of Exclusive Easement in the manner and form herein
submitted, with the exception, however, that the said Grant of
Exclusive Easement shall also provide that Michigan Bell
Telephone Company agrees to maintain in good condition at all
times during the period of the Grant of Easement the cabinet
facility as well as the landscaping which is to be installed by
Michigan Bell Telephone Company in connection with this project
On a motion by Kavanagh, seconded by Ochala, and unanimously
adopted, it was
27922
#830-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 23, 1993, which
transmits its resolution 9-168-93, adopted on July 27, 1993, with
regard to Petition 93-7-2-16, submitted by the Loyal Order of
Moose 111317, requesting waiver use approval to utilize a club
license in conjunction with a proposed Moose Lodge to be located
on the south side of Plymouth Road between Middlebelt and Garden
Avenue in the Northwest 1/4 of Section 36, which property is
zoned C-2, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 93-7-2-16 is
hereby approved and granted, subject to the following conditions:
1) That the Site Plan dated September 14, 1993 prepared by D.
Grumbache, which is hereby approved, shall be adhered to;
2) That the Building Elevation Plan dated 9-13-93, as revised,
which is hereby approved, shall be adhered to, including the
provision of screening of all of the roof-top mechanical
units;
3) That the landscaping shown on the approved site plan shall
be installed prior to the issuance of a Certificate of
Occupancy and shall thereafter be permanently maintained in
a healthy condition;
4) That the existing pole sign shall be completely removed down
Imoto the concrete base;
5) That the entire parking lot shall be resurfaced and
restriped as illustrated on the approved site plan;
6) That the existing protective wall shall be repainted; and
7) That the public sidewalk along the Plymouth Road
right-of-way line shall be replaced with a concrete walk as
per City standards
On a motion by Toy, seconded by Ochala, and unanimously adopted,
it was:
#831-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 23, 1993, which
transmits its resolution 9-170-93, adopted on September 14, 1993,
with regard to Petition 93-8-2-20, submitted by Angelo Mauti,
requesting waiver use approval to operate an automotive repair
shop in an existing building located on the north side of
Plymouth Road between Haller Avenue and Camden Road in the
Southwest 1/4 of Section 25, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 93-8-2-20 is hereby approved and
granted, subject to the following conditions:
27923
1) That the Site Plan dated 9-2-93, as revised, which is hereby
two
2) approved, shall be adhered to;
That the landscaping illustrated on the approved site plan
shall be installed prior to the issuance of a Certificate of
Occupancy and shall thereafter be permanently maintained in
a healthy condition;
3) That the existing parking lot shall be repaired and
resurfaced and the new parking area completed as illustrated
on the approved site plan prior to the issuance of a
Certificate of Occupancy;
4) That the westerly building shall be painted and brought into
the same type of compatible colors as the other two
buildings; and
5) That there shall be no outside storage of vehicles in the
front portion of this site and that the parking and storage
of such vehicles shall be confined strictly to the rear
hard-surfaced parking area as shown in the attached site
plan.
On a motion by McGee, seconded by Toy, and unanimously adopted,
it was:
#832-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 24, 1993, which
transmits its resolution 9-172-93, adopted on September 14, 1993,
with regard to Petition 93-8-8-16, submitted by Siegal/Tuomaala
Associates, Architects and Planners Inc , on behalf of
A&P/Borman's, requesting site plan approval in connection with a
proposal to alter an exterior building elevation for the Farmer
Jack Supermarket located on the south side of Eight Mile Road
between Angling Road and Grand River Avenue in the Northeast 1/4
of Section 1, pursuant to the provisions set forth in Section
18 47 of Ordinance No 543, as amended, the Council does hereby
concur in the recommendation of the Planning Commission and
Petition 93-8-8-16 is hereby approved and granted, subject to the
following conditions
1) That the Site Plan, defined as Sheet P-1 dated 8/23/93, by
Siegal Tuomaala Associates Architects and Planners Inc. , is
hereby approved and shall be adhered to;
2) That the Elevation Plan, defined as Sheet P-2 dated 8/23/93,
by Siegal Tuomaala Associates Architects and Planners Inc ,
is hereby approved and shall be adhered to;
3) That the petitioner shall come back before the Planning
Commission and City Council for approval of the sign plan
when it is developed;
27924
4) That the petitioner correct the site deficiencies pertaining
L to the Farmer Jack Store and adjacent area enumerated in the
letter from Ordinance Enforcement Division dated August 30,
1993; and
5) That no Certificate of Occupancy shall be issued until each
of the above conditions are met to the satisfaction of the
City's Departments of Engineering and Inspection.
On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was:
#833-93 RESOLVED, that in view of the current condition of the
shopping center located on the south side of Eight Mile Road
between Angling Road and Grand River Avenue in the Northeast 1/4
of Section 1, the Council does hereby request that the Mayor
submit a report and recommendation with regard to the possible
redevelopment of this shopping area with respect to public
improvements utilizing the provisions set forth in 1961 PA 120
(MCL 125.981, et seq )
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was:
#834-93 RESOLVED, that in view of the current condition of the
shopping center located on the south side of Eight Mile Road
between Angling Road and Grand River Avenue in the Northeast 1/4
of Section 1, the Council does hereby request that the Roads
Beautification Committee monitor the condition of the said
shopping center and when deemed appropriate, submit a report and
recommendation.
On a motion by Ochala, seconded by Kavanagh, it was
#835-93 RESOLVED, that having considered a letter from the
President of Westland Control Systems, Inc , 31362 Industrial
Road, Livonia, Michigan 48150, dated September 14, 1993, wherein
it is indicated that the said Westland Control Systems, Inc.
intends to transfer facilities from its Livonia facility to a new
location in the City of Westland, and which further indicates
that Westland Control Systems, Inc desires to obtain a 1974 PA
198 exemption for the Westland facility, the Council does hereby
reject and deny this request since it is the determination of the
Council that the transfer of facilities would have the effect of
transferring employment from one governmental unit in Michigan to
another local governmental unit in Michigan and for the further
reason that the said transfer would not be in the best interest
of either the citizens of Livonia or the people of the State of
Michigan; and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this
resolution
- - —
27925
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Toy, Kavanagh, Ochala, and Taylor.
NAYS: Jurcisin and McGee.
The President declared the resolution adopted.
A letter from Lidia Veri, Livonia Builders, Inc. , dated September
29, 1993, and various communications from the Fulton family and previous
neighbors of the Fulton's re: final plat approval and the naming of the
street for the Willow Creek Subdivision were received and placed on file
for the information of the Council
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was:
#836-93 RESOLVED, that having considered a communication from
the City Clerk, dated September 29, 1993, which indicates that
L Livonia Builders, Inc , 35189 Vargo, Livonia, Michigan 48152, the
proprietor of Willow Creek Subdivision, located on the south side
of Six Mile Road between Merriman Road and Oporto Avenue in the
Northwest 1/4 of Section 14, has delivered final true plats to
the City Clerk and requested that said plat be presented to
Council for final approval; and the Council having received a
communication from the City Planning Commission, dated September
29, 1993, wherein said Commission approves the final plat for the
said subdivision in its resolution 9-178-93, adopted on September
28, 1993; and the Council having considered a report from the
City Engineer, dated September 24, 1993, recommending approval of
the final plat of said subdivision, the preliminary plat of which
was approved by the Council in its resolution 493-93, adopted on
June 23, 1993, said preliminary plat having been recommended for
approval by the City Planning Commission on February 23, 1993 in
its resolution 2-48-93; NOW, THEREFORE, the Council does hereby
determine to grant its approval to the final plat of Willow Creek
Subdivision, located in the Northwest 1/4 of Section 14, City of
Livonia, Wayne County, Michigan, as submitted by the proprietor
thereof, which proprietor is also hereby required to do all
things necessary to obtain full compliance with the Subdivision
Control Act of Michigan of 1967, as amended, and the ordinances
of the City of Livonia; and FURTHER, the City Clerk is hereby
requested to do all things necessary or incidental to the full
performance of this resolution
lbw
27926
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was:
#837-93 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated September 30, 1993, which
bears the signature of the Finance Department and is approved for
submission by the Mayor, the Council does hereby accept the bid
of Smeal Fire Apparatus Company, Highway 91, West, Snyder, NE
68664, for supplying the Division of Fire with one new quad
combination pumper for a sum of $239,397.00, with the additional
requirement that Smeal Fire Apparatus Company provide the upgrade
pump that was specified in the bid package for an additional cost
of $775.00, and a grand total price of $240,172.00, the same
having been in fact the lowest bid received and meets all
specifications; FURTHER, the Council does hereby authorize,
at the City's option, the payment for the chassis upon its
arrival at Smeal Fire Apparatus Company, in order to realize a
savings of $5,430 00, and reduction of the total overall cost of
the pumper to $234,742 00 in the event such action is deemed to
be in the best interests of the City of Livonia; and the Council
does hereby authorize the Department of Finance to arrange a loan
or a lease/payment plan for financing this purchase over a five
year period
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was:
#838-93 RESOLVED, that having considered a letter from the
Director of Elections, Office of the County Clerk, dated
September 24, 1993, and in accordance with the provisions of
Section 30a of 1963 PA 65 (MCLA 168 30a), as amended, the Council
does hereby appoint Mr Arthur Sippola, 14444 Melvin, Livonia,
Michigan 48154, as the Republican member of the Board of
Canvassers of the City of Livonia for a term expiring December
31, 1997
On a motion by Ochala, seconded by McGee, and unanimously
adopted, it was:
#839-93 RESOLVED, that having considered a letter from the
Director of Elections, Office of the County Clerk, dated
September 24, 1993, and in accordance with the provisions of
Section 30a of 1963 PA 65 (MCLA 168 30a), as amended, the Council
does hereby appoint Mr Patrick J Tavolacci, 18415 University
Park, Livonia, Michigan 48152, as the Democratic member of the
Board of Canvassers of the City of Livonia for a term expiring
December 31, 1997.
On a motion by Ochala, seconded by Jurcisin, and unanimously
adopted, it was:
27927
#840-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 10, 1993, which sets
forth its resolution 7-145-93, adopted on July 27, 1993, with
regard to Petition 93-6-1-9, submitted by the City Planning
Commission, pursuant to Council Resolution 335-93, for a change
of zoning on the land area of Quaker West Park, Quaker Center
Park, with the exception of the triangular portion east of Lot
260, and Quaker East Park in the Northwest 1/4 of Section 18 from
R-2C to NP, and the Council having conducted a public hearing
with regard to this matter on September 27, 1993, pursuant to
Council Resolution 652-93, the Council does hereby concur in the
recommendation of the Planning Commission and the said Petition
93-6-1-9 is hereby approved and granted; and the City Planner is
hereby instructed to cause the necessary map for publication to
be prepared indicating the zoning change herein approved and to
furnish the same to the Department of Law and, upon receipt of
such map, the Department of Law is requested to prepare an
ordinance amending Ordinance 543, as amended, in accordance with
this resolution
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was:
#841-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 4, 1993, which sets
forth its resolution 7-148-93, adopted on July 27, 1993, with
regard to Petition 93-6-2-14, submitted by M & N Corporation
Limited, requesting waiver use approval to utilize an SDM license
for a proposed business to be located within an existing shopping
center on the north side of Seven Mile Road between Rensellor and
Antago Boulevards in the Southeast 1/4 of Section 1, which
property is zoned C-1, and the Council having conducted a public
hearing with regard to this matter on September 27, 1993,
pursuant to Council Resolution 650-93, the Council does hereby
refer this item to the Committee of the Whole for its report and
recommendation
On a motion by Kavanagh, seconded by Ochala, and unanimously
adopted, it was:
#842-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 4, 1993, which sets
forth its resolution 7-149-93, adopted on July 27, 1993, with
regard to Petition 93-6-2-15, submitted by Grand Rental Station,
requesting waiver use approval for outdoor display of rental
equipment on property located on the west side of Wayne Road
between Plymouth Road and Elmira Avenue in the Northwest 1/4 of
Section 33, which property is zoned C-2, and the Council having
conducted a public hearing with regard to this matter on
September 27, 1993, pursuant to Council Resolution 651-93, the
Council does hereby reject the recommendation of the City
27928
Planning Commission and said Petition 93-6-2-15 is hereby
Imo approved and granted, subject to the condition that the outside
display of rental equipment shall be limited to no more than
eight (8) pieces of equipment and/or machines.
On a motion by McGee, seconded by Jurcisin, and unanimously
adopted, it was:
#843-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 10, 1993, which sets
forth its resolution 7-151-93, adopted on July 27, 1993, with
regard to Petition 93-6-6-4, submitted by the City Planning
Commission on its own motion to determine whether to amend
Section 2.03 and Articles IV, V, VI and VII of Zoning Ordinance
543 regarding definitions of residential lot frontages, and the
Council having conducted a public hearing with regard to this
matter on September 27, 1993, pursuant to Council Resolution
652-93, the Council does hereby concur in the recommendation of
the Planning Commission and the said Petition 93-6-6-4 is hereby
approved and granted; and the Department of Law is requested to
prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution
On a motion by Kavanagh, seconded by McGee, and unanimously
adopted, it was:
#844-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 10, 1993, which sets
forth its resolution 7-152-93, adopted on July 27, 1993, with
regard to Petition 93-6-6-5, submitted by the City Planning
Commission on its own motion to determine whether to amend
Sections 14.02 and 14 03 of Zoning Ordinance 543 to alter the RE
district regulations to make it more compatible to current
development standards, and the Council having conducted a public
hearing with regard to this matter on September 27, 1993,
pursuant to Council Resolution 652-93, the Council does hereby
concur in the recommendation of the Planning Commission and the
said Petition 93-6-6-5 is hereby approved and granted; and the
Department of Law is requested to prepare an ordinance amending
Ordinance 543, as amended, in accordance with this resolution.
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was
#845-93 RESOLVED, that having considered a communication dated
September 27, 1993 from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly
described as
Grant of Easement dated September 9, 1993, executed by
Edmund D. McLeod, a single man, to the City of Livonia, for:
27929
The South 10 feet of the West 12 feet of the following
L parcel of land:
South 285 feet of North 345 feet of West 366 feet of
Northeast 1/4 of Section 6, T. 1 S. , R. 9 E. , City of
Livonia, Wayne County, Michigan.
(Sidwell #021-99-0004-002)
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 Ochala, seconded by McGee, and unanimously
adopted, it was
#846-93 RESOLVED, that having considered a communication from
the Department of Law, dated October 4, 1993, submitted pursuant
to Council Resolution 698-93, transmitting for Council acceptance
a Warranty Deed dated September 21, 1993, executed by Marguerite
J Dark, conveying to the City certain property described as
follows:
That part of the N W 1/4 of the S E 1/4 of Section 1, T. 1
LS , R 9 E , City of Livonia, Wayne County, Michigan,
described as beginning at a point distant South 18°57'05"
east along the center line of Angling Road, 679 20 feet and
North 88°12'00" East, 138 08 feet to the point of beginning
from the intersection of said center line with the east and
west 1/4 line of said Section 1 ; and proceeding thence North
88°12'00" East, 17.00 feet; thence South O1°42'41" East,
388.65 feet; thence North 18°57'05" West, 57.35 feet; thence
North 01°42'41" West, 333 85 feet to the point of beginning
- 0.14 acres (Deering Avenue right-of-way - part of Parcel
#004-99-0022-000)
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Warranty Deed; 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; FURTHER,
the City Assessor is hereby requested to have this property
removed from the tax rolls and to show the same as City-owned and
tax exempt.
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
27930
#847-93 RESOLVED, that having considered a communication from
Lthe Chief of Police, dated September 23, 1993, which bears the
signature of the Chief Accountant and is 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 $40,555.37 from
the contributors set forth in the attachment, the same to be
deposited in and credited to Account 702-000-285-211 for use in
the D.A.R.E. Program.
On a motion by McGee, seconded by Ochala, and unanimously
adopted, it was:
#848-93 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 Kavanagh, seconded by McGee, and unanimously
adopted, it was
#849-93 RESOLVED, that having considered a letter from the
Co-Chairmen of the Frost Middle School PTSA Annual Craft Fair,
dated October 11, 1993, wherein a request is submitted for
permission to display two signs announcing the fair, which signs
Lare approximately 62" x 31" in size, and which are to be located
at the corners of Farmington/Lyndon and Schoolcraft/Stark, and
which signs would be displayed upon approval of this request, and
which signs are to be removed immediately upon completion of the
fair on November 6, 1993, the Council does hereby grant and
approve this request in the manner and form herein submitted.
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was:
#850-93 RESOLVED, that having considered a letter from Allie
Charitable Foundation for Cancer Research, dated October 11,
1993, the Council does hereby take this means to indicate that
Allie Charitable Foundation for Cancer Research is recognized as
a non-profit organization operating in the community, the action
herein being taken for the purpose of affording Allie Charitable
Foundation for Cancer Research an opportunity to obtain a gaming
license from the State of Michigan in accordance with provisions
of State Statute
On a motion by McGee, seconded by Jurcisin, and unanimously
adopted, it was:
#851-93 WHEREAS, the City of Livonia has received a request
from G P D Inc. , dated October 11, 1993, which submits an
application proposing the establishment of an industrial
development district; and
27931
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as
amended, this Council has authority to establish "industrial
development districts" within the boundaries of the City of
Livonia; and
WHEREAS, there is located within the boundaries of the City of
Livonia a parcel of land fronting on Industrial Road, which is
located in the Northeast 1/4 of Section 29 and is legally
described as set forth in the aforesaid communication dated
October 6, 1993, a copy of which is hereby incorporated by
reference and which is hereinafter referred to as "Proposed City
of Livonia Industrial Development District No. 57";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows:
1. The City Clerk is directed to give written notice by
certified mail of this action to all owners of real property
within the boundaries of Proposed City of Livonia Industrial
Development District No 57.
2 This City Council sets Wednesday, November 17, 1993, at 8:00
p.m. as the date for the holding of a public hearing on the
question of whether this City Council should establish the
Industrial Development District described above.
L 3. This City Council directs the City Clerk to provide notice,
as required by law, of the public hearing fixed above, so
that all residents or taxpayers of the City of Livonia shall
be afforded an opportunity to be heard on the question of
establishing the Industrial Development District described
above
No one wished to speak during the audience communication portion
at the end of the meeting.
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, this 1,258th Regular Meeting of the Council of the City of Livonia
was adjourned at 9:32 p.m , October 13, 1993.
"Ykl/e-1
41140
Jr .n McCotter, City Clerk