HomeMy WebLinkAboutCOUNCIL MINUTES 1993-04-07 27552
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FORTY-SIXTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On April 7, 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 09 p m Councilmember Toy delivered the
invocation.
Roll was called with the following result: Laura M. Toy, Dale A.
Jurcisin, Fernon P. Feenstra, Michael P. McGee, Sean P Kavanagh, and
Gerald Taylor. Absent Ron Ochala (on City business)
Elected and appointed officials present Robert D. Bennett,
Mayor; Gary Clark, Assistant City Engineer; John Nagy, City Planner; Harry
Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A Szymula,
Director of Legislative Affairs; Robert J Beckley, Director of Public
Works; James Andres, Chief Accountant; Michael Deller, Chief Librarian;
Robert Alanskas, Planning Commission; and Jack Engebretson, Planning
Commission
On a motion by Toy, seconded by Jurcisin, and unanimously*
adopted, it was
#240-93 RESOLVED, that the minutes of the 1,245th Regular
Meeting of the Council of the City of Livonia, held March 24,
1993, are hereby approved as submitted.
*Councilmembers Feenstra and Taylor abstained from voting which is recorded
as a "yes" vote under the provisions of Section 2.04 190B of the Livonia
Code of Ordinances.
Councilmember Jurcisin presented a commendation to Harry Flower,
who, after 33 years with the Livonia Public Schools, retired in 1992
Mayor Bennett presented a 20-year service pin to Councilmember Fernon P.
Feenstra, as well as a 5-year service pin to Karen A Szymula, Director of
Legislative Affairs.
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Several individuals in the audience spoke
Jane Sellers expressed concerns about the Sheldon Pool;
Geraldine Joyner also expressed concerns about the Sheldon Pool,
as well as the waiver of fees for City buildings and grounds;
Joe Connelly spoke regarding the City Council actions of December
21, 1992;
and Frank Baker congratulated the City on the condition of
Clarenceville Cemetery
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#241-93 RESOLVED, that having considered a letter from Mr.
Michael J Ewald, 32639 Greenland Court, Livonia, MI 48154, dated
March 31, 1993, addressed to the Mayor regarding the alleged
damage caused to the mailbox and post on his property by a
City-operated snow plow, the Council does hereby refer this item
to the Inspection Department for its report and recommendation
with regard to the issue of whether the aforesaid post was
properly located, as well as whether there are any other
improperly situated obstacles in the public right-of-way
A communication from the Department of Finance, dated March 22,
1993, re: various financial statements of the City of Livonia for the
month ending February, 1993, was received and placed on file for the
information of the Council.
A communication from the Office of the City Clerk, dated March
26, 1993, re determination of the Local Officers Compensation Commission
pertaining to salaries of Elected Officials was received and placed on file
for the information of the Council.
At the request of Councilmember Feenstra and at the direction of
the Chair, Items 3, 5, 6 and 16 were removed from the Consent Agenda.
Also, at the request of the petitioner and at the direction of the Chair,
Item 28 was removed from the Agenda and is to be considered at the next
Regular Meeting
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On a motion by Feenstra, seconded by McGee, it was:
#242-93 RESOLVED, that having considered an application from
Mr. and Mrs. David Wisnieski, 17560 Loveland, Livonia, Michigan,
dated March 22, 1993, requesting permission to close Bell Creek
Lane and Northgate Avenue, from 17981 Bell Creek Lane and 17912
Bell Creek Lane to 32910 Northgate Avenue and 32909 Northgate
Avenue, on June 5, 1993, from 12:00 noon to 9:00 p.m. , for the
purpose of conducting a block party, the Council does hereby
grant permission as requested, including therein permission to
conduct the said affair on June 6, 1993 in the event of inclement
weather, the action taken herein being made subject to the
approval of the Police Department.
#243-93 RESOLVED, that having considered an application from
Kathleen A. Fitzgerald, 9917 Cranston, Livonia, Michigan 48150,
dated March 22, 1993, requesting permission to close Cranston
Avenue from Elmira to Orangelawn on May 31, 1993, from 12:00 noon
to 8:00 p.m. , for the purpose of conducting a block party, the
Council does hereby grant permission as requested, the action
herein being made subject to the approval of the Police
Department.
#244-93 RESOLVED, that having considered a letter from the
Detroit Director of Paws With a Cause, dated March 1, 1993, the
Council does hereby take this means to indicate that Paws With a
Cause (Wolverine Rider's Inc ) is recognized by the City of
Livonia as a non-profit service organization and that the City of
Livonia has no objection to a license being issued to Paws With a
Cause (Wolverine Rider's Inc ) by the Michigan Bureau of State
Lottery.
#245-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 4,
1993, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby determine as
follows:
1) The Council does hereby accept the bid of South Huron
Industrial, Inc. , 27903 Cooke Street, Flat Rock, Michigan
48134, for liquid calcium chloride delivered to the storage
tank in the DPW Yard, for the unit price bid of $260.00 per
1,000 gallons for the period through December 31, 1993, the
same having been the lowest bid received and meets all
specifications; FURTHER, in the event the aforesaid low
bidder is unable to furnish the material, the Council does
hereby accept the second low bid of Michigan Chloride Sales,
Inc. , P.O Box 146, St. Louis, Michigan 48880, for liquid
calcium chloride delivered to the DPW Yard for the unit
price bid of $265.00 per 1,000 gallons for the period
through December 31, 1993; and
_ _ _
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2) The Council does hereby accept the bid of South Huron
Industrial, Inc. , 27903 Cooke Street, Flat Rock, Michigan
48134, for supplying liquid calcium chloride delivered and
applied to the street for the unit price bid of $290.00 per
1,000 gallons through December 31, 1993, the same having
been in fact the lowest bid received and meets all
specifications; FURTHER, in the event the aforesaid low
bidder is unable to furnish the material, the Council does
hereby accept the second low bid of Michigan Chloride Sales,
Inc. , P.O. Box 146, St Louis, Michigan 48880, for liquid
calcium chloride delivered and applied to the street, for
the unit price bid of $295.00 per 1,000 gallons for the
period through December 31, 1993.
#246-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 9,
1993, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the
following low bids which meet specifications for supplying the
Public Service Division (Road Maintenance Section) for the
materials specified at the unit prices bid for the period through
March 31, 1994
(1) Suburban Transport, Inc , 54630 Pontiac Trail, Milford, MI
48381
M.D.O.T - 21A - D.T.Y.
M.D O.T. - 21A - S O.R $5.00 per ton
5 00 per ton
W C.R.0 - 3A - D.T.Y. 8.99 per ton
M D 0.T - 25A - D T.Y (Slag) 9 04 per ton
W.C.R C - 3X - D T.Y 7 59 per ton
W.C.R.C. - 22X - D T.Y 5.12 per ton
W.0 R.0 - 30A - D T.Y 6 89 per ton
M.D.O.T - 9A - D.T.Y. 7.65 per ton
M.D 0.T - 9A S O.R 7 65 per ton
M.D.O.T. - 25A D T Y. (Stone) 9.25 per ton
W.C.R.0 - Porous Backfill - Grade B - D T.Y 5 19 per ton
W.C.R.0 - 2NS - Natural Sand - D.T Y. 4.59 per ton
Pea Gravel - D T Y 6.84 per ton
(2) Hayball Transport, Inc. , 12550 Farmington Road, Livonia, MI
48150
M.D.O.T. - 22A D T Y. $4 81 per ton
M.D.O.T. - 22A - S.O.R 4.81 per ton
M.D.O.T - 31A - D.T.Y 7.60 per ton
W.C.R.0 - Porous Backfill - Grade A - D.T.Y. 3 30 per ton
(3) Dale Osburn, Inc. , 5850 Pardee, Taylor, MI 48180
W.C.R.0 - 2MS - Mortar Sand - D.T.Y
60-40 Washed - Conc. Aggregates - D.T.Y. $7 22 per ton
7.69 per ton
(4) Rock-Way, Inc , 35200 Northline, P O. Box 74219, Romulus, MI
48174
M.D.O.T - 21AA - Limestone $6 16 per ton
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#247-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 10,
1993, approved by the Director of Finance and approved for
submission by the Mayor, with regard to bids received for bituminous
materials, the Council does hereby determine as follows
1) To accept the low bid of Nagle Paving Company, 30630 West 12
Mile Road, Suite A, Farmington Hills, Michigan 48334, which
meets specifications, for supplying the Public Service
Division (Road Maintenance Section), with 12WM asphaltic
concrete at the unit price of $25.50 per ton through April
15, 1994; FURTHER, in the event the low bidder is unable to
furnish the material, accept the second low bid of Ajax
Materials Corporation, One Ajax Drive, P 0. Box 317, Madison
Heights, Michigan 48071, which also meets specifications, as
an alternate to supply the Public Service Division (Road
Maintenance Section) with 12WM asphaltic concrete at the
unit price of $22 00 per ton through April 15, 1994;
2) To accept the low bid of Nagle Paving Company, 30630 West 12
Mile Road, Suite A, Farmington Hills, Michigan 48334, which
meets specifications, for supplying the Public Service
Division (Road Maintenance Section) with 1100 asphaltic
concrete at the unit price of $21.50 per ton through April
15, 1994; FURTHER, in the event the low bidder is unable to
furnish the material, accept the second low bid of Ajax
Materials Corporation, One Ajax Drive, P.O. Box 317, Madison
Heights, Michigan 48071, which also meets specifications, as
an alternate to supply the Public Service Division (Road
Maintenance Section) with 1100 asphaltic concrete at the
unit price of $19 00 per ton through April 15, 1994;
3) To accept the low bid of Ajax Materials Corporation, One
Ajax Drive, P.O Box 317, Madison Heights, Michigan 48071,
which meets specifications, to supply the Public Service
Division (Road Maintenance Section) with cold patch
asphaltic material at the unit price of $31 90 per ton
delivered through April 15, 1994; FURTHER, in the event the
low bidder is unable to furnish the material, accept the
second low bid of Asphalt Products Corporation, 27575 Wixom
Road, P O. Box 817, Novi, Michigan 48376, as an alternate
for supplying the Public Service Division (Road Maintenance
Section) with cold patch asphaltic material at the unit
price of $32.80 per ton delivered through April 15, 1994;
and
4) To accept the low bid of Asphalt Products Corporation, 27575
Wixom Road, P O. Box 817, Novi, Michigan 48376, which meets
specifications, for supplying the Public Service Division
(Road Maintenance Section) with cold patch, U.P.M Sylvax
Brand, at the unit price of $58.40 per ton through April 15,
1994; FURTHER, in the event the low bidder is unable to
furnish the material, accept the second low bid of Barrett
Paving Materials, Inc. , 13501 Huron River Drive, Romulus,
Michigan 48174, as an alternate for supplying the Public
Service Division (Road Maintenance Section) with cold patch,
U.P.M. Sylvax Brand, at the unit price of $60.00 per ton
through April 15, 1994
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#248-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 17,
1993, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the bid
of Mich-I-Penn Oil & Grease Co , 9100 Freeland, Detroit, Michigan
48228, for supplying the Public Service Division (Equipment
Maintenance Section) with motor, transmission, and hydraulic oils
for an estimated total amount of $7,858 35, the same having been
in fact the lowest bid received and meets all specifications.
#249-93 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 16, 1993, approved by the
Director of Finance and approved for submission by the Mayor, and
which transmits its resolution WS 3002 3/93, the Council does
hereby accept the unit bid price of Huron Sod Farms, Inc , 30877
Pennsylvania Road, Romulus, Michigan 48174, for supplying the
Public Service Division (Water Maintenance Section) with blue
grass sod at the unit bid price of $ 90 per yard delivered and
$ 70 per yard for pickup, the same having been in fact the lowest
bid received and meets all specifications; FURTHER, in the event
the aforesaid bidder is unable to furnish the material, the
Council accepts the second low bid of Huggett Sod Farm, Inc. ,
4114 E Marlette Road, Marlette, Michigan 48453, as an alternate
to supply the Public Service Division (Water Maintenance Section)
with blue grass sod at the unit bid price of $.90 delivered and
$ 70 per yard for pickup
#250-93 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 16, 1993, approved by the
Director of Finance and approved for submission by the Mayor, and
which transmits its resolution WS 3007 3/93, the Council does
hereby accept the low bids meeting specifications of Sensus
Technologies, Inc , P 0 Box 487, Uniontown, Pennsylvania 15401,
for supplying the Public Service Division (Water Maintenance
Section) with compound water meters (with remote reading device)
and fire line meters at the unit prices bid as set forth in the
attachment.
#251-93 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 16, 1993, approved by the
Director of Finance and approved for submission by the Mayor, and
which transmits its resolution WS 3009 3/93, the Council does
hereby accept the unit price bid of Etna Supply Company, 529 32nd
Street, S.E. , Grand Rapids, Michigan 49548, for supplying the
Public Service Division (Water Maintenance Section) with copper
water tubing for a total price of $7,740.00, the same having been
in fact the lowest bid received and meets all specifications
#252-93 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 16, 1993, approved by the
Director of Finance and approved for submission by the Mayor, and
which transmits its resolution WS 3006 3/93, the Council does
hereby accept the low and only bids meeting specifications of
Price Brothers Company, 25284 Seeley, P 0 Box 914, Novi,
Michigan 48376, for supplying the Public Service Division (Water
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Maintenance Section) with detector check valves with bypass
fittings, less meter, at the unit prices bid as set forth in the
attachment
#253-93 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated March 16,
1993, approved by the Director of Finance and approved for
submission by the Mayor, and which transmits its resolution WS
3003 3/93 with regard to bids received for topsoil, the Council
does hereby determine as follows:
1) To accept the low bid of Nankin Sand Company, 39740 Cherry
Hill Road, Canton, Michigan 48187, which meets
specifications, for supplying the Public Service Division
(Water Maintenance Section) with topsoil at the unit bid
price of $6 80 per yard delivered; FURTHER, in the event the
low bidder is unable to furnish the material, accept the
second low bid of Redford Topsoil Contractors, Inc. , 15553
Beech Daly Road, Redford, Michigan 48239, as an alternate to
supply the Public Service Division (Water Maintenance
Section) with topsoil at the unit bid price of $7 20 per
yard delivered; and
2) To accept the low bid of Redford Topsoil Contractors, Inc. ,
15553 Beech Daly Road, Redford, Michigan 48239, for
supplying the Public Service Division (Water Maintenance
Section) with topsoil at the unit bid price of $5 50 per
yard for pickup; FURTHER, in the event the low bidder is
unable to furnish the material, accept the second low bid of
Wolverine Contractors, Inc , P 0. Box 760026, Lathrup
Village, Michigan 48076, as an alternate to supply the
Public Service Division (Water Maintenance Section) with
topsoil at the unit bid price of $6 30 per yard for pickup.
#254-93 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 16, 1993, approved by the
Director of Finance and approved for submission by the Mayor, and
which transmits its resolution WS 3011 3/93, the Council does
hereby accept the bid of S.P T , Inc , 1417 Windmar Drive,
Neenah, Wisconsin 54956, which meets specifications, to supply
the Public Service Division (Water Maintenance Section) with a
portable pneumatically-operated reversible valve operator for the
total price of $4,494, the same having been in fact the lowest
bid received and meets all specifications.
#255-93 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 16, 1993, approved by the
Director of Finance and approved for submission by the Mayor, and
which transmits its resolution WS 3004 3/93, the Council does
hereby authorize a one-year extension of the agreement with
D'Angelo & Son, Inc. , P.0 Box 396, Farmington, Michigan 48332,
to perform water main taps and service connections, 3/4" to 2",
at various locations throughout the City, at the unit prices bid
in their proposal dated June 1, 1992, the action taken herein
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being for the period April 1, 1993 through March 31, 1994;
FURTHER, the Council does hereby authorize the said item without
competitive bidding in accordance with Section 3 04 140D5 of the
Livonia Code of Ordinances, as amended
#256-93 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 16, 1993, approved by the
Director of Finance and approved for submission by the Mayor, and
which transmits its resolution WS 3008 3/93, the Council does
hereby accept the bid of Etna Supply Company, 529 32nd Street,
S.E. , Grand Rapids, Michigan 49548, for supplying the Public
Service Division (Water Maintenance Section) with water service
parts and fittings at the unit prices bid as shown on the
attachment, the same having been in fact the lowest bid received
and meets all specifications
#257-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 9, 1993, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby accept the unit
price bid of Scodeller Construction, Inc , P 0 Box 448, South
Lyon, Michigan 48178, for the 1993 Pavement Joint and Crack
Sealing Program for the estimated total cost of $111,900, based
upon the Engineering Department's estimate of units involved, and
subject to a final payment based upon the actual units completed
in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid
received for this item; FURTHER, the Council does hereby
appropriate and authorize the expenditure of the sum of $111,900
from the Michigan Transportation Fund ($23,499 from the Major
Road Account and $88,401 from the Local Road Account) for this
purpose; and the City Engineer is hereby authorized to approve
minor adjustments in the work as it becomes necessary; and the
Mayor and City Clerk are hereby authorized to execute a contract
for and on behalf of the City of Livonia with the aforesaid
bidder and to do all other things necessary or incidental to the
full performance of this resolution
11258-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 9, 1993, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby accept the unit
price bid of M & M Pavement Marking, Inc , 5298 Fern Avenue, Grand
Blanc, Michigan 48439, for the 1993 Lane Line Marking Program for
the estimated total cost of $11,309.25, based upon the Engineering
Department's estimate of units involved, and subject to a final
payment based upon the actual units completed in accordance with
the unit prices accepted herein, said estimated cost and unit
prices having been in fact the lowest bid received for this item;
FURTHER, the Council does hereby appropriate and authorize the
expenditure of a sum not to exceed $11,309.25 from the Michigan
Transportation Fund (Major Road Account) for this purpose; and
the City Engineer is hereby authorized to approve minor
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adjustments in the work as may be required; and the Mayor and
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City Clerk are hereby authorized to execute a contract for and on
behalf of the City of Livonia with the aforesaid bidder and to do
all other things necessary or incidental to the full performance
of this resolution.
#259-93 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
Council of the City of Livonia on Wednesday, May 26, 1993, at
7:00 p.m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items
(1) Petition 92-12-1-28, submitted by the City Planning
Commission, pursuant to Council Resolution 723-92, for a
change of zoning on property located on the north side of
Puritan Avenue between Henry Ruff and Middlebelt Roads in
the Northeast 1/4 of Section 14, from R-1 to RUFA, the City
Planning Commission in its resolution 3-55-93 having
recommended to the City Council that Petition 92-12-1-28 be
approved; and
lis (2) Petition 92-12-1-29, submitted by the City Planning
Commission, pursuant to Council Resolution 723-92, for a
change of zoning on property located on the south side of
Puritan Avenue between Oporto and Middlebelt Roads in the
Southeast 1/4 of Section 14, from R-1 to RUF, the City
Planning Commission in its resolution 3-56-93 having
recommended to the City Council that Petition 92-12-1-29 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 amendments to the Zoning Ordinance, and/or (b)
location of the proposed changes 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.
#260-93 RESOLVED, that having considered a communication dated
llos
March 15, 1993 from Charles G Tangora, submitted in behalf of
Arsen K. Sanjian, which in accordance with the provisions of
Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance,
27561
takes an appeal from a determination made on March 9, 1993 by the
City Planning Commission in its resolution 3-62-93 with regard to
Petition 93-1-2-1, submitted by Arsen K. Sanjian, requesting
waiver use approval to remodel and expand an existing building
for the purpose of operating an automotive service center on
property located on the south side of Plymouth Road between Yale
Avenue and Levan Road in the Northeast 1/4 of Section 32, which
property is zoned C-2, the Council does hereby designate Monday,
May 3, 1993, at 8 00 p.m as the date and time for conducting a
public hearing with regard to this matter, such hearing to be
held at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan; and the City Clerk is hereby requested to do all things
necessary in order to give proper notice in writing, as well as
by the publication of a notice in the City's official newspaper
of such hearing and the date and place thereof, in compliance
with the requirements set forth in Ordinance 543, as amended, the
Zoning Ordinance of the City of Livonia
#261-93 RESOLVED, that having considered a communication dated
March 16, 1993, from Salem F Samaan, attorney for S & H Foods
Incorporated, which in accordance with the provisions of Section
19.08 of Ordinance 543, as amended, the Zoning Ordinance, takes
an appeal from a determination made on March 9, 1993 by the City
Planning Commission in its resolution 3-57-93 with regard to
Petition 93-1-2-4, submitted by S & H Food Production, Inc. ,
requesting waiver use approval to operate a full-service
restaurant in an existing building located on the south side of
Plymouth Road between Hubbell and Milburn Avenues in the
Northwest 1/4 of Section 35, which property is zoned C-2, the
Council does hereby designate Monday, May 3, 1993, at 8:00 p m
as the date and time for conducting a public hearing with regard
to this matter, such hearing to be held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan; and the City Clerk is
hereby requested to do all things necessary in order to give
proper notice in writing, as well as by the publication of a
notice in the City's official newspaper of such hearing and the
date and place thereof, in compliance with the requirements set
forth in Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Toy, Jurcisin, Feenstra, Kavanagh, McGee, and Taylor.
NAYS: None.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
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Ile #262-93 RESOLVED, that having considered a letter from Smetanka
Enterprises, 24121 Meadow Bridge, Mt. Clemens, Michigan 48043,
dated March 18, 1993, wherein a request is submitted for
permission to place a temporary portable sign which shall be no
larger than 4' x 8' in size, non-illuminating, non-flashing, and
non-rotating, and located between the sidewalk and the Eddie
Edgar Arena at the entrance to the grounds (Lyndon and
Farmington), from April 16 through April 25, 1993, to announce
and advertise the site of the Fourth Annual Carousel of Crafts
Spring Art Show to be conducted at the Eddie Edgar Arena on April
24-25, 1993, the Council does hereby approve and grant this
request in the manner and form herein submitted.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#263-93 RESOLVED, that having considered a communication from
the Director of Inspection, dated March 9, 1993, approved for
submission by the Mayor, with regard to proposed amendments to
the Michigan Housing Law, being amendments to Acts 109, 113 and
144, the Council does hereby refer this item to the Department of
Law for its report and recommendation.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#264-93 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated March 4, 1993,
approved for submission by the Finance Director and the Mayor,
and which transmits Parks & Recreation Commission resolution
2212-93, adopted on March 2, 1993, wherein it is recommended that
permission be granted to Michigan State Youth Soccer Association
to hold the Ford-Wolverine Soccer Tournament on July 10-12, 1993
at Bicentennial Park under the following conditions:
1 That Jaycee Park be considered as a backup and used only in
an emergency situation;
2. That the MSYSA submit an itemized list of concessioners,
vendors, porta-johns and other equipment needed for approval
by the Department of Parks and Recreation;
3. There are to be no concessions or vendors at Jaycee Park;
4. That the MSYSA provide the City of Livonia with an insurance
policy naming the City of Livonia as additional insured, with
liability coverage of one million dollars;
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5. That the MSYSA assume responsibility for any related
expenses, i.e. porta-johns, field permits, etc. ;
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6 Concessions are to be operated by parents and no outside
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vendors are to be permitted; and
7 That the MSYSA contact the Wayne County Health Department
advising them that food will be served at the tournament;
the Council does hereby concur in and approve of such action.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#265-93 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 16, 1993, approved by the
Director of Finance and approved for submission by the Mayor, and
which transmits its resolution WS 3010 3/93, the Council does
hereby accept the bid of Case Power and Equipment, 21377
Telegraph Road, Southfield, Michigan 48034, for supplying the
Public Service Division (Water Maintenance Section) with two (2)
heavy-duty tractor loader backhoes with extendible dipperstick
for a net price of $46,850, based on a total price of $81,850
less trade-ins of $35,000, the same having been in fact the
lowest bid received and meets all specifications; FURTHER, the
Council does hereby approve of an increase of $16,850 in the
Water Fund (591-000-140-000) capital outlay to cover this
purchase
McGee took from the table, for second reading and adoption, the
following Ordinance, based upon the revised map prepared by the Planning
Department
AN ORDINANCE CREATING A PLYMOUTH ROAD DEVELOPMENT
AUTHORITY FOR THE CITY OF LIVONIA, DESIGNATING
BOUNDARIES OF THE DOWNTOWN DISTRICT, AND PROVIDING
FOR OTHER MATTERS RELATED THERETO.
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Jurcisin, Feenstra, Kavanagh, McGee, and Taylor.
NAYS: Toy
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Feenstra, seconded by McGee, it was:
27564
#266-93 RESOLVED, that having considered the report and
ift, recommendation of the Committee of the Whole, dated March 8,
1993, and submitted pursuant to Council Resolution 81-93, in
connection with the proposed Plymouth Road Development Authority,
the Council does hereby request that the Department of Law
prepare a Resolution of Intent to amend the proposed Plymouth
Road Development Authority District by including additional
property from Newburgh Road on the east to Eckles Road on the
west and from the C & 0 Railroad tracks on the north to the
commercially zoned property on the south side of Plymouth Road
on the south; and the Planning Department is hereby requested to
prepare an appropriate map and furnish the same to the Department
of Law with respect to this item.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES Jurcisin, Feenstra, Kavanagh, McGee, and Taylor
NAYS: Toy.
The President declared the resolution adopted
On a motion by Kavanagh, seconded by Toy, it was:
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 8,
1993, and submitted pursuant to Council Resolution 81-93, in
connection with the proposed Plymouth Road Development Authority,
the Council does hereby request that the Department of Law
prepare an amendment to the Plymouth Road Development Authority
District which would require that any financing to be approved by
the City Council shall require a 3/4 majority vote of eligible
Councilmembers present.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Toy and Kavanagh.
NAYS: Jurcisin, Feenstra, McGee, and Taylor.
The President declared the resolution denied.
Kavanagh gave first reading to the following Ordinance, using a
revised figure of 3% instead of the proposed 4%:
10. AN ORDINANCE AMENDING SECTION 140 OF TITLE 3,
CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED, BY ADDING A NEW
PARAGRAPH E AND RELETTERING THE PRESENT PARAGRAPH
E TO F
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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.
Feenstra gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 27 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 88-11-1-35)
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 Kavanagh, seconded by Feenstra, and unanimously
adopted, it was:
#267-93 RESOLVED, that having considered a communication from
the Department of Law, dated September 1, 1992, and submitted
pursuant to CR 630-92, into which was attached a proposed
amendment to Section 5 66 100 of the Livonia Code of Ordinances,
which would prohibit entry upon private property for the purpose
of solicitation where a sign is posted on the door facing the
street of a residence or business that no solicitation is
desired, and which proposed ordinance amendment did receive First
Reading by Councilmember Kavanagh on March 24, 1993, and having
also considered a report and recommendation from the Department
of Law dated April 5, 1993, submitted pursuant to CR 223-93 with
regard to a proposal to restrict the hours of solicitation
between 9:00 a.m. and one-half hour after sunset, the Council
does hereby refer these items to the Legislative Committee for
its report and recommendation.
Toy took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTION 18.50B OF ARTICLE XVIII
OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 92-8-6-4)
27566
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Feenstra took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND
PUBLIC GROUND. (Petition 92-11-3-4)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Feenstra took from the table, for second reading and adoption,
the April 16, 1991 draft of the following Ordinance:
AN ORDINANCE ADDING SECTION 3 04 145 TO TITLE 3,
CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Toy, Jurcisin, Feenstra, and Taylor.
NAYS: McGee and Kavanagh.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
1
27567
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was:
#268-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 11,
1993, approved for submission by the Mayor, wherein it is
recommended that Council authorize the temporary use of the area
shown in the attached sketch for a period of approximately 90
days, beginning May 10, 1993, by Tony Angelo Cement Construction
Company, as a temporary concrete batch plant, subject to the
following conditions:
1) Provide a Certificate of Insurance on all contractor
operations;
2) Hold harmless the City and its agents for wrongdoings
occurring on the site that are the direct result of the
contractor's occupancy;
3) Grade and restore the site to its original condition or
better directly upon completion of activities;
4) Secure the site as directed by the DPW;
5) Keep the premises dust free in accordance with the permit
issued by the Wayne County Health Department Air Pollution
Control Division;
6) Abide by all existing laws and regulations, both local and
State, pertaining to erosion, siltation and pollution of
water courses;
7) Abide by all local ordinances;
8) Provide an end loader and operator to load compost or other
material into City trucks up to a total of 40 hours;
9) Provide suitable fill material from the Merriman Road
project to fill approximately 5,000 to 10,000 cubic yards of
low area immediately east of the Waste Management office
facility. The actual quantity shall be determined by City
DPW personnel in the field. Material dumped shall be graded
to accommodate drainage; and
10) Pay a rate of $525/month and prorate weekly for any
occupancy beyond the 90 days.
On a motion by Jurcisin, seconded by Toy, and unanimously
11,, adopted, it was:
27568
#269-93 RESOLVED, that having considered a communication from
the Department of Law, dated March 11, 1993, approved by the City
Engineer and the Finance Director and approved for submission by
the Mayor, the Council does hereby authorize the Department of
Law to acquire a 27 foot strip of property, 82 5 feet in length,
located at 32425 Seven Mile Road, owned by Richard Lorenzetti and
Carol Lorenzetti, which land is more particularly described as
follows:
The North 60 feet of the following parcel of land:
The West 82.5 feet of the North 573.0 feet of the East 16
acres of the West 34 acres of the East 60 acres of the
Northwest 1/4 of Section 10, T 1S. , R. 9E , City of
Livonia, Wayne County, Michigan. (Seven Mile Road right-of-
way) Parcel No 038-99-0010-000
subject to the following conditions
(1) that the purchase price shall be in the sum of $2,228;
(2) that the City of Livonia shall pay for the cost of title
work and any application costs in obtaining a discharge of
mortgage on the property in a sum not to exceed $272; 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 $150;
BE IT FURTHER RESOLVED, that a sum not to exceed $2,650 is hereby
authorized to be expended from the $12 Million Obligation Road
Improvement Bond Issue approved by the electorate in 1989 for the
acquisition of said Seven Mile 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.
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
#270-93 RESOLVED, that having considered a communication from
the Department of Law, dated March 11, 1993, approved by the City
Engineer and the Finance Director and approved for submission by
the Mayor, the Council does hereby authorize the Department of
Law to acquire a 27 foot strip of property, 105 feet in length,
located at 32421 Seven Mile Road, owned by Charles F. MacDonald
and Lucinda M. MacDonald, which land is more particularly
described as follows:
The North 60 feet of the following parcel of land:
1 L. The North 533 feet of the East 16 acres of the West 34 acres
of the East 60 acres of the Northwest 1/4 of Section 10, T.
1S. , R. 9E. , City of Livonia, Wayne County, Michigan, except
27569
the East 77 feet thereof, also except the West 82 50 feet
thereof. (Seven Mile Road right-of-way) Parcel No.
038-99-0006-000
subject to the following conditions:
(1) that the purchase price shall be in the sum of $2,835;
(2) that the City of Livonia shall pay for the cost of title
work and any application costs in obtaining a discharge of
mortgage on the property in a sum not to exceed $265; 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 $150;
BE IT FURTHER RESOLVED, that a sum not to exceed $3,250 is hereby
authorized to be expended from the $12 Million Obligation Road
Improvement Bond Issue approved by the electorate in 1989 for the
acquisition of said Seven Mile 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.
On a motion by Jurcisin, seconded by Toy, it was:
#271-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 16, 1993, which
transmits its resolution 3-58-93, adopted on March 9, 1993, with
regard to Petition 93-2-2-5, submitted by Joel Messina,
requesting waiver use approval to construct a car waxing facility
addition to an existing car wash located on the southeast corner
of Santa Anita and Five Mile Road in the Northeast 1/4 of Section
24, which property is zoned C-2 and P, the Council does hereby
concur in the recommendation of the Planning Commission and
Petition 93-2-2-5 is hereby approved and granted, subject to the
following condition:
That the Site and Building Elevation Plan marked sheet SP-1
dated March 4, 1993, as revised, prepared by Clifford N.
Wright Associates, Architects, which is hereby approved,
shall be adhered to
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Toy, Jurcisin, McGee, Kavanagh, and Taylor
NAYS: Feenstra.
The President declared the resolution adopted.
27570
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was
#272-93 RESOLVED, that having considered a communication from
the City Assessor, dated February 16, 1993, approved for
submission by the Mayor, with regard to a request from
Southeastern Michigan Management Company, 34393 Plymouth,
Livonia, Michigan 48150, in behalf of Vince Ianfano, and in
accordance with the provisions of 1967 PA 288, as amended, as
well as Section 18.46 of Ordinance 543, as amended, the Council
does hereby approve of the proposed division and combination of
Tax Item Nos. 46 003 02 0042 000 and 46 003 02 0043 000 into two
parcels, the legal descriptions of which shall read as follows:
Parcel A:
The W. 148' of Lots 42 and 43 of "Iris Gardens" Subdivision,
a part of the S W. 1/4 of Sec. 1, T. 1S. , R.9E. , Livonia Twp.
(now City of Livonia), Wayne County, Michigan Recorded L.
67 of Plats, P. 55, W C.R.
Parcel B:
Lots 42 and 43, except the W 148' thereof of "Iris Gardens"
Subdivision, a part of the S W. 1/4 of Sec 1, T. 1S. , R 9E. ,
Livonia Twp. (now City of Livonia), Wayne County, Michigan.
Recorded L 67 of Plats, P. 55, W C.R
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference; and the City Clerk is hereby
requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds;
provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was:
#273-93 RESOLVED, that having considered a communication from
the City Librarian, dated March 12, 1993, approved by the Finance
Director and approved for submission by the Mayor, and which
transmits Library Commission resolution 30-92, with regard to
acceptance of a MURL grant (Project 7A-27202-395) in the amount
of $16,500, the Council does, for and on behalf of the City of
Livonia accept the said MURL grant in the amount of $16,500 for
the purpose of strengthening the U.S. History and Geography areas
of all three City libraries.
On a motion by Feenstra, seconded by McGee, and unanimously
Ladopted, it was:
27571
#274-93 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of several items that do not appear on
the agenda
Jurcisin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 010, 040, 050, 060,
070, 100, 130, 190, 200, 210, 260, 270, 300, 330,
340, 350, 360, 370 AND 400 OF AND ADDING SECTIONS 041
AND 071 TO AND DELETING SECTION 271 FROM CHAPTER 08
(ELECTION PRECINCTS) OF TITLE 1 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.
Jurcisin 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: Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Kavanagh left the podium at 10:03 p.m in order to avoid a perceived
impropriety on the next Agenda item.
On a motion by Feenstra, seconded by McGee, it was:
#275-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 11, 1993, which sets
forth its resolution 2-31-93, adopted on February 9, 1993, with
regard to Petition 92-12-1-27, submitted by F. Patrick Devine in
behalf of KA-DE Investments, for a change of zoning on property
located on the north side of Lyndon Avenue, west of Farmington
Road, in the Northeast 1/4 of Section 21, from R-2 to OS, and the
Council having conducted a public hearing with regard to this
matter on March 31, 1993, pursuant to Council Resolution 144-93,
the Council does hereby concur in the recommendation of the
Planning Commission and the said Petition 92-12-1-27 is hereby
approved and granted; and the City Planner is hereby instructed
27572
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
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Toy, Jurcisin, Feenstra, McGee, and Taylor.
NAYS: None.
The President declared the resolution adopted
Kavanagh returned to the podium at 10 05 p m.
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#276-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 31,
1993, and submitted pursuant to Council Resolution 164-93, in
connection with a communication from the Michigan Liquor Control
Commission, dated January 4, 1993, with regard to an application
from John B. Carlin, Jr. , Attorney at Law, for a new full year
Class C license to be located at 39300 Seven Mile Road, Livonia,
Michigan 48152, Wayne County, in the corporate name of Romano's
Macaroni Grill, Inc. , the Council does hereby determine to take
no further action.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#277-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 31,
1993, and submitted pursuant to Council Resolution 165-93 in
connection with a proposed purchase agreement between the City of
Livonia, for and on behalf of the City of Livonia Parks and
Recreation Commission and Nikolaos M. Moutafis, Co-Licensees and
Sellers, and Romano's Macaroni Grill, Inc. , Buyer, with respect
to a proposed sale and transfer of a 1990 Class C Michigan Liquor
Control Commission License now in escrow at 20500 Newburgh,
Livonia, Michigan 48152, for the total sum of $15,001, and having
also considered the report and recommendation of the Department
of Law, dated March 12, 1993, with respect to this item, and a
revised purchase agreement submitted on April 5, 1993, the
Council does hereby authorize the Mayor and City Clerk, for and
on behalf of the City of Livonia to execute the proposed purchase
agreement between the City of Livonia, for and on behalf of the
27573
Parks and Recreation Commission of the City of Livonia and
L Nikolaos M. Moutafis, Co-Licensees, with Romano's Macaroni Grill,
Inc. , as revised, and as submitted on April 5, 1993, as well as
to do all other things necessary or incidental to the full
performance of this resolution; FURTHER, the Council does hereby
determine that the sum of $15,000 to be received by the City
herein shall be earmarked and deposited in a special account for
the special purpose of providing funds for the repair of the roof
of the Devon-Aire Ice Arena.
During the audience communication portion at the end of the
meeting, Donald Munson commended the City Council on the commendation
presented to Mr. Flower, and also gave thanks for consideration of the
building trades profession regarding the prevailing wage issue.
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, this 1,246th Regular Meeting of the Council of the City of Livonia
was adjourned at 10:09 p.m. , April 7, 1993
Lii,
AC Ailor_dr
J. McCotter, City Clerk
.i