HomeMy WebLinkAboutCOUNCIL MINUTES 1992-11-09 27294
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND THIRTY-SIXTH
LREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On November 9, 1992, 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 8:01 p.m Councilman Kavanagh delivered the
invocation.
Roll was called with the following result: Present: Sean P.
Kavanagh, Michael P. McGee, Dale A. Jurcisin, Gerald Taylor, Ron Ochala,
Fernon P. Feenstra, and Laura M Toy Absent None.
Elected and appointed officials present: Robert D. Bennett,
Mayor; Suzanne Wisler, Director of Community Resources; Raul Galindo, City
Engineer; John Nagy, City Planner; Karen A. Szymula, Director of
Legislative Affairs; Robert Alanskas, Planning Commission; John Fegan,
impDirector of Inspection; James Andres, Chief Accountant; Jack Engebretson,
Planning Commission; Harry Tatigian, City Attorney; Joan McCotter, City
Clerk; and Dorothy Wilshaw, Arts Commission.
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was:
#828-92 RESOLVED, that the minutes of the 1,235th Regular
Meeting of the Council of the City of Livonia, held October 26,
1992, are hereby approved as submitted.
No one wished to speak during the audience communication portion
at the beginning of the meeting.
A communication from the Department of Finance, dated October 20,
1992, re: various financial statements of the City of Livonia for the
month ending September 30, 1992, was received and placed on file for the
information of the Council.
27295
A communication from the Department of Law, dated November 2,
1992, re: Frank Brandemihl, Harold Beamer, Carl Hoheiser, Alan Brandemihl,
Sr. , Addison Bacon, Clara Karr, Lawrence Burke, Gary Lubar, Michael
Vorgitch, Dorothy Hildebrandt, Ann Chaney, Thomas Stachowiak, and John
Grundy v City of Livonia, Board of Trustees of the City of Livonia
Employees Retirement Association, Livonia Civil Service Commission, and
City Council for the City of Livonia, Wayne County Circuit Court Civil
Action No. 89-916322-AW, Court of Appeals Docket No. 128941, Supreme Court
Docket No. 93882, was received and placed on file for the information of
the Council.
On a motion by Taylor, seconded by Jurcisin, it was:
#829-92 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated October 20, 1992, to
which is attached a letter from The Observer & Eccentric
Newspapers, Inc. , dated October 20, 1992, the Council does hereby
designate the Observer & Eccentric Newspapers, Inc. , subsidiary
of Suburban Communications Corporation, 36251 Schoolcraft Road,
Livonia, Michigan 48150, as the official newspaper of the City of
Livonia, for the period January 1, 1993 through December 31,
1993; FURTHER, the Council does hereby approve and authorize the
publishing of legal notices in the Observer & Eccentric
Newspaper, for the price of $6 30 per column inch, based on the
present 6 column format, effective January 1, 1993; FURTHER, the
Council does hereby authorize the said item without competitive
bidding in accordance with Section 3.04. 140.D.5 of the Livonia
Code of Ordinances, as amended.
#830-92 RESOLVED, that having considered a communication from
Camborne Construction Engineering, Inc , the construction manager
for the 16th District Court Expansion/Remodeling project, dated
October 20, 1992, to which are attached certain invoices for work
completed for the aforesaid project which were not under
contract, the Council does hereby authorize for payment the
following items:
1) The sum of $2,100 to be paid to the Pete Wood Company, 15103
Spanich Court, Livonia, Michigan 48154, for relocating 4"
hydronic pipe and 1" branch pipes for the extension to the
stairway to the roof;
[.. 2) The sum of $985 to be paid to George F. Maertens & Co. , 2785
Oak Meadow Drive, Howell, Michigan 48843, for
installing/repairing ceramic tile in the employee rest
room;
27296
3) The sum of $1,440 to be paid to William H Kelly Co. , 611
Woodward Avenue, Detroit, Michigan 48226, for waterproofing
the elevator pit with Ferrolith "W" waterproofing;
4) The sum of $530 to be paid to The Tom Co. Inc. , 21357 W.
Eight Mile Road, Detroit, Michigan 48219, for installing
partitions in remodeled employee rest rooms; and
5) The sum of $1,900 to be paid to Westland Custom Marble Co. ,
36222 Glenwood, Westland, Michigan 48185, for installing
(cultered) granite sills;
FURTHER, the Council does hereby authorize and appropriate the
sum of $6,955 from the Contingency Fund of the Municipal Building
Authority Court House Project Account for this purpose
#831-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 19, 1992, which
transmits its resolution 10-484-92, adopted on October 13, 1992,
with regard to a sign permit application submitted by Beacon Sign
Company in behalf of Michigan National Bank, requesting approval
for one wall sign on the building located at 30055 Plymouth Road
in Section 31, the Council does hereby concur in the
recommendation of the Planning Commission and approve the said
sign permit application, subject to the following condition
That the sign plan sheet 1 dated 10/01/92, prepared by
Fairmont Sign Company, submitted on behalf of Michigan
National Bank at 30055 Plymouth Road, is hereby
approved and shall be adhered to.
#832-92 RESOLVED, that having considered a letter from the
general manager of MetroVision of Livonia, Inc. , dated October
26, 1992, wherein a request is submitted for use of one of the
City's blank access channels, and having also considered a
communication from the Cable Television Commission, dated October
27, 1992, approved by the Director of Community Resources, and
approved for submission by the Mayor, and which transmits its
resolution 194-92, wherein the Commission recommends approval of
allocating an access channel to MetroVision for their use with
the stipulation of return of said channel within 90 days if the
Commission sees that there is a need for such channel for access
purposes, the Council does hereby concur in and approve of such
action, subject to the aforesaid stated condition.
#833-92 RESOLVED, that the Council does hereby request that the
Department of Law and the Legislative Committee submit their
respective reports and recommendations on the question of whether
an ordinance amendment should be adopted which would ban beepers
and pagers for persons who are 18 years of age or under (similar
to ordinances in the cities of Warren and Lincoln Park) .
27297
1.. #834-92 WHEREAS, pursuant to the direction of the City Council
in its resolution 750-92, adopted on September 30, 1992, and in
accordance with Section 3.08.140 of the Livonia Code of
Ordinances, as amended, the City Assessor of the City of Livonia
has prepared, reported and certified to the Council under date of
October 19, 1992 an assessment roll dated October 19, 1992 for
the proposed street lighting improvement consisting of the
installation of 100 watt high pressure sodium lights on colonial
post top poles for the Cane Woods Subdivision in the Southwest
1/4 of Section 4, containing the special assessments to be
assessed and levied, respectively, in the proposed special
assessment district heretofore established for the construction
and operation of the proposed improvement in said district as
designated in Council Resolution 750-92;
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted
by the City Council; that it is hereby ordered to be filed in the
office of the City Clerk for public examination; that the City
Clerk be and hereby is directed to give notice as required by the
provisions of Section 3.08. 110 of the Livonia Code of Ordinances,
as amended, to wit that the assessment roll has been made and
filed in the office of the City Clerk for public examination and
that the City Council of the City of Livonia will meet in the
City Hall, 33000 Civic Center Drive, Livonia, Michigan, on
Wednesday, December 16, 1992 at 7:30 p.m. to review the said
Ibr Special Assessment Roll at which time and place opportunity will
be given to all interested persons to be heard;
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once
in the official newspaper of the City of Livonia which is
published and circulated generally in and throughout the said
City, at least ten (10) days prior to the aforesaid date of
December 16, 1992; the City Clerk is also directed to give notice
of said hearing by sending written notice thereof by first class
mail to each and every property owner in the proposed assessment
district as their respective names and addresses appear on the
most current assessment roll in the City Assessor's office.
#835-92 WHEREAS, pursuant to the direction of the City Council
in its resolution 751-92, adopted on September 30, 1992, and in
accordance with Section 3.08.100 of the Livonia Code of
Ordinances, as amended, the City Assessor of the City of Livonia
has prepared, reported and certified to the Council under date of
October 19, 1992 an assessment roll dated October 19, 1992 for
the street improvement of Pembroke Avenue (Flamingo Boulevard to
Purlingbrook Road) in the West 1/2 of Section 2 with a 20 ft.
wide 4" thick asphalt pavement (Alternate IV), containing the
special assessments to be assessed and levied, respectively, in
the proposed special assessment district heretofore established
for the construction and operation of the proposed improvement in
said district as designated in Council Resolution 751-92;
27298
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted
by the City Council; that it is hereby ordered to be filed in the
office of the City Clerk for public examination; that the City
Clerk be and hereby is directed to give notice as required by the
provisions of Section 3 08. 110 of the Livonia Code of Ordinances,
as amended, to wit: that the assessment roll has been made and
filed in the office of the City Clerk for public examination and
that the City Council of the City of Livonia will meet in the
City Hall, 33000 Civic Center Drive, Livonia, Michigan, on
Wednesday, December 16, 1992 at 7:30 p.m. to review the said
Special Assessment Roll at which time and place opportunity will
be given to all interested persons to be heard;
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once
in the official newspaper of the City of Livonia which is
published and circulated generally in and throughout the said
City, at least ten (10) days prior to the aforesaid date of
December 16, 1992; the City Clerk is also directed to give notice
of said hearing by sending written notice thereof by first class
mail to each and every property owner in the proposed assessment
district as their respective names and addresses appear on the
most current assessment roll in the City Assessor's office.
#836-92 WHEREAS, the City of Livonia has received an
application from Diversey Corp. , 12025 Tech Center Drive,
Livonia, Michigan 48150-2122, dated October 27, 1992 for a
transfer of the tax abatement previously granted to J.J.
International Automotive Corporation (originally Arcad, Inc ) on
October 18, 1989 in Council Resolution 986-89 and as amended in
Council Resolution 184-90, adopted on February 28, 1990, for ten
years for a 100,000 square foot building completed in 1989 which
is located in City of Livonia Industrial Development District No.
46;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA
that it determines as follows:
1 The City Clerk shall provide copies of the said Application
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, December 16, 1992, at 7:30
p.m at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan
27299
3. The Council hereby sets Wednesday, December 16, 1992, at
L7:30 p m. at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan, as the date, time and place for
conducting a hearing on this Application
#837-92 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Diversey Corp. ,
12025 Tech Center Drive, Livonia, Michigan 48150-2122, dated
October 27, 1992, covering new industrial facilities to be
located within City of Livonia Industrial Development District
46;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA
that it determines as follows:
1. The City Clerk shall provide copies of the said Application
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, December 16, 1992
at 7:30 p.m. at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan
3. The Council hereby sets Wednesday, December 16, 1992 at 7:30
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
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra, and
Toy.
NAYS: None
On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was:
#838-92 RESOLVED, that having considered the report and
recommendation of the Water, Drainage, Sewage & Waste Disposal
Study Committee, dated October 21, 1992, in connection with a
letter from the General Manager of Waste Management of Michigan -
Detroit North, dated September 16, 1992, wherein an extension is
proposed of the mixed refuse contract to coincide with the term
of the recycling and compost contract which expires on
27300
L September 30, 1996, the Council does hereby authorize the
administration to enter into negotiations for the extension of
the Refuse Disposal Contract to include but not be limited to the
proposals described in the aforesaid Waste Management proposal,
such recommended extension thereafter to be submitted to the
Council for its consideration
On a motion by McGee, seconded by Taylor, and unanimously
adopted, it was:
#839-92 RESOLVED, that having considered the report and
recommendation of the Water, Drainage, Sewage & Waste Disposal
Study Committee, dated November 4, 1992, and submitted pursuant
to Council Resolution 774-92 in connection with the report and
recommendation of the Director of Public Works and the City
Engineer, dated September 14, 1992, approved by the Director of
Finance and approved for submission by the Mayor, and to which is
attached a letter dated September 1, 1992 from the Joint Venture,
Orchard, Hiltz & McCliment, Inc. and Hubbell, Roth and Clark,
Inc. , wherein a request is submitted for an increase in the
amount of the total contract authorized in Council Resolution
1042-90 above the original sum of $1,009,750 by an additional sum
of $110,000 for additional costs not anticipated in the original
scope of work, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute
an appropriate contract amendment which would authorize the said
increase of $110,000 to the Engineering Services Agreement
between the City and the Joint Venture; FURTHER, the Council does
hereby appropriate and authorize the expenditure of the sum of
$110,000 from the Unexpended Fund Balance Account of the Sewer
Fund for this purpose.
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was:
#840-92 RESOLVED, that having considered the report and
recommendation of the Water, Drainage, Sewage & Waste Disposal
Study Committee, dated November 4, 1992, the Council does hereby
refer to the Capital Improvement Committee for its report and
recommendation the matter of forms of City construction contracts
and procedure of approving contract increases.
Feenstra gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 6 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
Ift. SECTION 3. THERETO (Petition 92-7-1-17)
27301
The foregoing Ordinance, when adopted, is filed in the Journal of
111. Ordinances in the office of the City Clerk, and is the same as if word for
word repeated herein
Feenstra invoked the Emergency Clause and gave second reading to
the foregoing Ordinance and a roll call vote was taken thereon with the
following result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra, and
Toy.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Taylor gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 2 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 92-7-1-13)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein. The above Ordinance was placed on the table for
consideration at the next regular meeting.
Ochala gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 6 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 92-7-1-14)
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 At the direction of the Chair, the 2nd reading on
timm. this matter will be deferred and placed on a future Agenda pending receipt
of the proposed site plan to be submitted in connection with this petition.
27302
Kavanagh gave first reading to the following Ordinance
lim AN ORDINANCE AMENDING SECTION 30 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO. (Petition 92-7-1-18)
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 took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 24 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 92-1-1-1)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Jurcisin, Ochala, and Feenstra.
NAYS: Kavanagh, McGee, Taylor, and Toy.
The President declared the foregoing Ordinance denied.
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was:
#841-92 RESOLVED, that having considered the report and
recommendation of the City Planning Commission, dated March 9,
1992, which sets forth its resolution 2-219-92, adopted on
February 25, 1992, with regard to Petition 92-1-1-1, submitted by
T. Rogvoy Associates, Inc. for Chili's of Michigan, for a change
of zoning on property located on the east side of Middlebelt
Road, north of Schoolcraft Road in the Southwest 1/4 of Section
24 from OS to C-2, and the Council having conducted a public
hearing with regard to this matter on May 6, 1992, pursuant to
Council Resolution 268-92, the Council does hereby concur in the
[ft. recommendation of the Planning Commission and Petition 92-1-1-1
is hereby denied for the following reasons:
27303
1) That the proposed change of zoning is contrary to the Future
Land Use Plan designation of Office for this subject
property;
2) That the proposed change of zoning will not maintain the
buffer zone concept whereby a more restrictive zoning
district is placed between a more intensively used, less
restrictive district and residential development so as to
lessen any negative external effects which tend to erode the
peace, tranquility and enjoyment of the residential area;
3) That the proposed change of zoning to a less restrictive
zoning classification will provide for development which
will increase traffic congestion in the area;
4) That there has been no demonstration of the need for more of
the type of uses which are attracted by the proposed zoning
district to serve the surrounding neighborhoods in the area;
5) That the placement of the existing office uses on adjacent
properties were predicted on the notion that the extension
of additional office uses onto the subject property would
complete a very logical development plan for the area; and
6) That the proposed use is contrary to the spirit and intent
of the Zoning Ordinance which, among other things, is to
promote and encourage a balanced and appropriate mix of uses
amorm. and not oversaturate an area with similar type uses as is
being proposed.
Ochala took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTION 25 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 92-6-1-12)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra, and
Toy.
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
27304
Feenstra took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING PARAGRAPHS D AND E OF
SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA
SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra, and
Toy
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
McGee took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING PARAGRAPH A OF SECTION 040
OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND
REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, Ochala, Feenstra, and
Toy.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Ochala took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTION 18.45 OF ARTICLE
XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN
AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE."
(Petition 92-4-6-3)
27305
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Kavanagh, McGee, Jurcisin, Ochala, and Feenstra.
NAYS Taylor and Toy.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Taylor took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTION 31 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 92-6-1-11)
A roll call vote was taken on the foregoing Ordinance with the following
result:
lb. AYES: Kavanagh, McGee, Jurcisin, Taylor, and Ochala.
NAYS: Feenstra and Toy.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Feenstra, seconded by Kavanagh, it was:
RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 19, 1992,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, wherein it is recommended that the
City retain a consulting firm for engineering services which will
include environmental assessment, surveying, geotechnical work,
design, layout, inspection and contract administration, in
connection with the construction of the proposed Merriman Road
and CSX Railroad Grade Separation project, the Council does
hereby authorize the Engineering and Law Departments to prepare
and submit to the Council an agreement between the firm of
Spalding, DeDecker & Associates, Inc. and the City of Livonia for
the purpose of having said firm provide the preliminary and
construction engineering services for this project; FURTHER, the
action herein is taken in accordance with Section 3 04. 140D2 of
the Livonia Code of Ordinances, as amended.
On a motion by Taylor, seconded by McGee, it was:
27306
1/842-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 19, 1992,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, wherein it is recommended that the
City retain a consulting firm for engineering services which will
include environmental assessment, surveying, geotechnical work,
design, layout, inspection and contract administration, in
connection with the construction of the proposed Merriman Road
and CSX Railroad Grade Separation project, the Council does
hereby refer this item to the Streets, Roads and Plats Committee
for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Jurcisin, Taylor, and Ochala.
NAYS: Kavanagh, Feenstra, and Toy
The President declared the resolution adopted.
On a motion by Taylor, seconded by Ochala, and unanimously
adopted, it was
#843-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 19, 1992,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, wherein it is recommended that the
City retain a consulting firm for engineering services which will
include environmental assessment, surveying, geotechnical work,
design, layout, inspection and contract administration, in
connection with the construction of the proposed Merriman Road
and CSX Railroad Grade Separation project, the Council does
hereby authorize the Engineering Department to process an
application for Federal funding support for this project under
the Intermodal Surface Transportation Efficiency Act, as well as
to do all other things necessary or incidental to the full
performance of this resolution.
On a motion by Ochala, seconded by Jurcisin, and unanimously
adopted, it was:
#844-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 20, 1992, which
transmits its resolution 10-483-92, adopted on October 13, 1992,
with regard to a sign permit application submitted by Burns Sign
Company in behalf of The Detroit Band Saw Works, requesting
approval for one awning type wall sign on the building located at
33632 Five Mile Road in Section 16, the Council does hereby
concur in the recommendation of the Planning Commission and
approve the said sign permit application subject to the following
conditions:
27307
1) That the sign plan drawing number D-3 dated September 92' ,
Ibr prepared by Burns Sign Company, submitted in behalf of The
Detroit Band Saw Works at 33632 Five Mile Road, is hereby
approved and shall be adhered to;
2) That the awning shall only be back-lit between the hours of
dark until 10:30 p m ; and
3) That the back-lighting herein authorized shall be limited to
letters only and that the balance of the awning shall not be
illuminated
On a motion by Ochala, seconded by Feenstra, it was:
#845-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 20, 1992, which
transmits its resolution 10-482-92, adopted on October 13, 1992,
with regard to a sign permit application submitted by Burns Sign
Company in behalf of Pritchard Heating and Cooling, requesting
approval for one awning type wall sign on the building located at
33636 Five Mile Road in Section 16, the Council does hereby
concur in the recommendation of the Planning Commission and
approve the said sign permit application subject to the following
conditions:
1) That the sign plan drawing number P-10 dated June 92' ,
prepared by Burns Sign Company, submitted in behalf of
Pritchard Heating & Air Conditioning at 33636 Five Mile
Road, is hereby approved and shall be adhered to;
2) That the awning shall only be back-lit between the hours of
dark until 10 30 p m ; and
3) That the back-lighting herein authorized shall be limited to
letters only and that the balance of the awning shall not be
illuminated.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, McGee, Taylor, Ochala, and Feenstra.
NAYS: Jurcisin and Toy.
The President declared the resolution adopted.
On a motion by Jurcisin, seconded by McGee, it was:
RESOLVED, that the Council does hereby determine to
rescind and repeal Council Resolution 737-91, adopted on
September 11, 1991, which rejected and denied the request of
Moeller Manufacturing Company to transfer facilities from 12173
Market Street, Livonia, to Plymouth Township and obtain a 1974
P A. 198 exemption for the Plymouth Township facility
27308
On a motion by Feenstra, seconded by Ochala, it was:
L #846-92 RESOLVED, that the foregoing matter, Agenda Item 22, be
placed on the table.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Jurcisin, Taylor, Ochala, and Feenstra
NAYS: Kavanagh and Toy.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Jurcisin, it was:
RESOLVED, that the Council does hereby determine to
rescind and repeal the following items:
a) CR 978-90, adopted on October 24, 1990, which rejected and
denied the request of SME to transfer facilities from 34400
Glendale Avenue, Livonia, Michigan, to Plymouth Township and
obtain a 1974 P.A 198 exception for the Plymouth Township
facility;
b) CR 631-89, adopted on July 5, 1989, which rejected and
denied the request of Aisin Seiki Company, Ltd to transfer
facilities from 14109 Farmington, Livonia, Michigan, to Ann
Arbor Township and obtain a 1974 P.A. 198 exemption for the
Ann Arbor Township facility;
c) CR 558-89, adopted on June 7, 1989, which rejected and
denied the request of Walter Somers Limited (U S.A. ) to
transfer facilities from 35270 Glendale, Livonia, Michigan,
to Westland and obtain a 1974 P A 198 exemption for the
Westland facility, and
d) CR 503-89, adopted on May 24, 1989, which rejected and
denied the request of Graco Robotics, Inc. to transfer
facilities from 12898 Westmore, Livonia, Michigan, to
Plymouth Township and obtain a 1974 P A. 198 exemption for
the Plymouth Township facility
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Jurcisin, and Feenstra.
NAYS Kavanagh, Taylor, Ochala, and Toy
The President declared the resolution denied
27309
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was:
#847-92 RESOLVED, that the Council does hereby remove from the
table Agenda Item 22
A roll call vote was taken on the original resolution with the following
result:
#848-92 RESOLVED, that the Council does hereby determine to
rescind and repeal Council Resolution 737-91, adopted on
September 11, 1991, which rejected and denied the request of
Moeller Manufacturing Company to transfer facilities from 12173
Market Street, Livonia, to Plymouth Township and obtain a 1974
P.A. 198 exemption for the Plymouth Township facility.
AYES: McGee, Jurcisin, Taylor, and Feenstra.
NAYS: Kavanagh, Ochala, and Toy.
The President declared the resolution adopted.
On a motion by Jurcisin, seconded by McGee, it was:
RESOLVED, that having considered a letter from the
Economic Development Corporation of Livonia, dated August 21,
1991, and a letter from the Mayor, dated September 4, 1991, in
connection with a request from Moeller Manufacturing Company,
12173 Market Street, Livonia, Michigan 48150, wherein it is
indicated that Moeller Manufacturing Company intends to transfer
facilities from 12173 Market Street, Livonia, Michigan 48150 to
Plymouth Township, and which further indicates that Moeller
Manufacturing Company desires to obtain a 1974 P.A. 198 exemption
for the Plymouth Township facility, the Council does hereby
consent to the transfer as herein requested; and the City Clerk
is hereby requested to do all things necessary or incidental to
the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Jurcisin, and Taylor.
NAYS: Kavanagh, Ochala, Feenstra, and Toy.
The President declared the resolution denied.
On a motion by Kavanagh, seconded by Ochala, it was:
27310
ibm #849-92 RESOLVED, that having considered a letter from the
Economic Development Corporation of Livonia, dated August 21,
1991, and a letter from the Mayor, dated September 4, 1991, in
connection with a request from Moeller Manufacturing Company,
12173 Market Street, Livonia, Michigan 48150, wherein it is
indicated that Moeller Manufacturing Company intends to transfer
facilities from 12173 Market Street, Livonia, Michigan 48150 to
Plymouth Township, and which further indicates that Moeller
Manufacturing Company desires to obtain a 1974 P.A. 198 exemption
for the Plymouth Township 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.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, Ochala, Feenstra, and Toy.
NAYS: McGee, Jurcisin, and Taylor
The President declared the resolution adopted
At the direction of the Chair, Item 23 was removed from the
Agenda.
On a motion by Ochala, seconded by Jurcisin, it was:
#850-92 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 26,
1992, approved for submission by the Mayor, with regard to an
invoice submitted by the Michigan Municipal Risk Management
Authority (MMRMA) in the amount of $300,000, which amount is
required to be deposited into the City's retention fund to
correct the deficit balance which currently exists in that
account, the Council does hereby authorize the Finance Department
to make payment to MMRMA in the amount of $300,000, which sum is
hereby appropriated and authorized to be expended from the
Insurance-General Account for this purpose.
A roll call vote was taken on the foregoing resolution with the following
1.. result:
AYES: McGee, Jurcisin, Ochala, Feenstra, and Toy.
NAYS Kavanagh and Taylor
27311
The President declared the resolution adopted
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#851-92 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 26,
1992, approved for submission by the Mayor, with regard to an
invoice submitted by the Michigan Municipal Risk Management
Authority (MMRMA) in the amount of $300,000, which amount is
required to be deposited into the City's retention fund to
correct the deficit balance which currently exists in that
account, the Council does hereby refer this subject to the
Finance and Insurance Committee for its report and
recommendation.
On a motion by Taylor, seconded by Ochala, and unanimously
adopted, it was
#852-92 RESOLVED, that having considered a communication from
the Department of Law, dated October 21, 1992, submitted pursuant
to Council Resolution 465-92 transmitting for Council acceptance
a warranty deed dated July 3, 1992, executed by Kenneth A.
Salisbury and Katherine Wickersham, husband and wife, conveying
to the City certain property described as follows:
imm
The North 60 feet of the following described parcel:
That part of the N E 1/4 of Section 9, T. 1 S. , R. 9 E. ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point on the North line of said Section,
distant N. 89° 50' 50" East 262. 10 ft. from the North 1/4
corner of Section 9 and proceeding thence N 89° 50' 50"
East along said line 107 0 ft ; thence S 0° 35' 26" East
253.0 ft. ; thence S. 89° 50' 50" West 107.0 ft. ; thence N.
0° 35' 26" West 253.0 ft to the Point of Beginning (Seven
Mile Road Right-of-Way) - 46-033-99-0004-000
the Council does hereby determine, for and on behalf of the City
of Livonia, to accept the aforesaid warranty deed and the City
Clerk is hereby requested to have the same recorded with the
Wayne County Register of Deeds and to do all other things
necessary or incidental to the full performance 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.
At the direction of the Chair, Item 26 was removed from the
Agenda.
27312
iOtnw:sm:otion by Jurcisin, seconded by McGee, and unanimously
adopted,
#853-92 RESOLVED, that having considered a communication from
the City Librarian, approved by the Finance Director and approved
for submission by the Mayor, and which sets forth resolution
20-92 of the Library Commission, the Council does, for and on
behalf of the City of Livonia, accept a $500 donation from
Theresa Bien, the purpose of which is to purchase books for the
Civic Center Library, and a $2,000 donation from an anonymous
donor, the purpose of which is to purchase books for the
Children's Department to be made available to the families in
"Head Start" and other disadvantaged children
No one wished to speak during the audience communication portion
at the end of the meeting
The City Clerk was congratulated in running a good election on
November 3, 1992, and on the birth of her first grandchild, George Thaddeus
McCotter, on election day.
On a motion by Kavanagh, seconded by Feenstra, and unanimously
adopted, this 1,236th Regular Meeting of the Council of the City of Livonia
was adjourned at 9 03 p.m. , November 9, 1992
in
)2174116-;1E;
J McCotter, City Clerk