HomeMy WebLinkAboutCOUNCIL MINUTES 1992-12-09 27346
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND THIRTY-EIGHTH
LREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On December 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 8:04 p.m Councilman Jurcisin delivered the
invocation.
Roll was called with the following result: Present: Dale A.
Jurcisin, Gerald Taylor, Fernon P. Feenstra, Sean P. Kavanagh, Michael P.
McGee, and Laura M. Toy. Absent: Ron Ochala.
Elected and appointed officials present: Raul Galindo, City
Engineer; John Nagy, City Planner; Joan McCotter, City Clerk; Harry
Tatigian, City Attorney; Lee Grieve, Police Chief; Suzanne Wisler, Director
of Community Resources; James Andres, Chief Accountant; and Bonnie Johnson,
Administrative Assistant.
On a motion by Jurcisin, seconded by Taylor, and unanimously
adopted, it was:
#907-92 RESOLVED, that the minutes of the 1,237th Regular
Meeting of the Council of the City of Livonia, held November 23,
1992, are hereby approved as submitted.
No one wished to speak during the audience communication portion
at the beginning of the meeting.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#908-92 RESOLVED, that having considered a request from Gary
LaRocca, 9108 Deering, Livonia, Michigan 48150, with regard to
noncompliance with applicable City ordinance requirements of a
residence located at 9095 Cardwell, Livonia, Michigan, the
Council does hereby request that the Department of Law submit a
report and recommendation on whether the Livonia Code of
Ordinances may be amended so as to provide ascending penalties
for Building Code and Zoning Ordinance violations.
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On a motion by Feenstra, seconded by Kavanagh, and unanimously
iir adopted, it was
#909-92 RESOLVED, that having considered a request from Gary
LaRocca, 9108 Deering, Livonia, Michigan 48150, with regard to
noncompliance with applicable City ordinance requirements of a
residence located at 9095 Cardwell, Livonia, Michigan, and
wherein he proposes that the Livonia Code of Ordinances be
amended to provide ascending penalties for Building Code and
Zoning Ordinance violations, the Council does hereby refer this
item to the Legislative Committee for its report and
recommendation.
A communication from the Department of Finance, dated November
25, 1992, re: various financial statements of the City of Livonia for the
month ending October 31, 1992, was received and placed on file for the
information of the Council
At the direction of the Chair, Item Nos. 3, 8, 10, and 13 were
removed from the Consent Agenda.
ims On a motion by Feenstra, seconded by Kavanagh, it was
#910-92 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated October 5, 1992, which
bears the signature of the Director of Finance and is approved
for submission by the Mayor, the Council does hereby accept the
bid of Allie Brothers, 20295 Middlebelt Road, Livonia, MI 48154,
for supplying the Fire Department with 125 uniform shirts and 125
uniform pants for a total price of $7,000 00, the same having
been in fact the lowest bid received and meets all
specifications.
A communication from the General Manager of MetroVision of
Livonia, Inc. , dated November 13, 1992, re: their Ninth Annual Report was
received and placed on file for the information of the Council.
#911-92 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
November 9, 1992, approved by the Finance Director and approved
for submission by the Mayor, and to which is attached Invoice No.
FY93 048 from The Senior Alliance, Inc. , 3850 Second Street,
Suite 160, Wayne, Michigan 48184, in the amount of $5,043.00,
which represents the 1993 matching contributions required of the
City of Livonia for grant funds received from Senior Alliance to
provide Homemaker, Personal Care, Respite and Chore services, the
Council does hereby authorize the payment of the said sum of
$5,043 00 from funds available for this purpose in Account No.
101-891-947-010.
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#912-92 RESOLVED, that having considered a communication from
lio the Water and Sewer Board, dated November 19, 1992, approved by
the Director of Finance and approved for submission by the Mayor,
and which transmits its resolution WS 2989 11/92, wherein it is
recommended that Section 13.20.020 of the Livonia Code of
Ordinances be amended with respect to the Michigan Department of
Natural Resources requirements for the User Charge System
required for funding under the North Huron Valley/Rouge Valley
project, the Council does hereby refer this item to the
Department of Law for preparation of the proposed ordinance for
submission to Council.
#913-92 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated November 10,
1992, to which is attached a list of adjustments required for the
1992 budget in a total amount of $5,517,607, the Council does
hereby authorize the said budget adjustments and transfers in the
manner and form set forth in the attachment.
A communication from the Department of Law, dated September 29,
1992, re: questions concerning the revised manner in which the President
and Vice President of the City Council are selected was received and placed
on file for the information of the Council. (CR 686-92)
#914-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 12, 1992,
approved for submission by the Mayor, the Council does hereby
authorize the release to Ashley Construction, 17570 Ellen Drive,
Livonia, Michigan 48152, the proprietor of the Whispering Hills
Subdivision located in the Southwest 1/4 of Section 5 of the
financial assurances previously deposited with respect to the
following improvements and in the following amounts:
General Improvement $36,000 ($5,000 min. cash);
Sidewalk Bond 20,700 ( 5,000 min. cash);
Soil Erosion 3,000 ( 2,000 min. cash);
Landscaping 15,000 ( 2,000 min. cash); and
Survey Monument 825 cash;
The foregoing having been deposited pursuant to Council
Resolution 950-89, adopted on October 4, 1989, and subsequently
amended in Council Resolution 1141-89; FURTHER, all other
financial assurances now on deposit with the City, if any, with
respect to this subdivision shall remain the same and unchanged;
and the action herein being taken is for the reasons indicated in
the aforementioned report of the City Engineer that all these
improvements have been satisfactorily installed in accordance
with the rules and regulations and ordinances of the City of
Livonia.
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##915-92 RESOLVED, that the Council does hereby request that the
ibm Director of Finance, in accordance with Council Resolution
300-88, prepare specifications and obtain competitive bids with
respect to the proposed sale of City-owned property located at
the northwest corner of Ann Arbor Trail and Newburgh Road (Lots
1, 2 and 3 of Horton's Newburgh Subdivision and Lot 8 of Horton's
Subdivision, except the north 22 feet and except the west 70
feet), and that all competitive bids received shall thereafter be
submitted to the City Council for its consideration.
#916-92 RESOLVED, that having considered a communication from
Council President Laura M Toy, dated November 23, 1992, the
Council does hereby request a report and recommendation from the
Mayor with respect to establishing a plan and/or guidelines for
use, regulation, identification, maintenance and logging of all
City vehicles
#917-92 WHEREAS, pursuant to the direction of the City Council
in its resolution 779-92, adopted on October 14, 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
November 19, 1992 an assessment roll dated November 19, 1992, for
a proposed improvement consisting of the installation of 100 watt
high pressure sodium lights on existing wood poles for the
Parkside Villas Subdivision in the Northeast 1/4 of Section 8
(and other portions of Wayne Road south), City of Livonia, Wayne
County, Michigan, containing the special assessments to be
assessed and levied, respectively, in the proposed special
assessment district heretofore established for the construction
and operation of the proposed improvement in said district as
designated in Council Resolution 779-92;
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
Monday, January 11, 1993 , 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
January 11, 1993 ; 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
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A roll call vote was taken on the foregoing resolutions with the following
result
AYES: Jurcisin, Taylor, Feenstra, Kavanagh, McGee, and Toy.
NAYS: None.
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#918-92 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission and the report and
recommendation from the Chief of Police, dated October 29, 1992,
the Council does hereby recommend approval of a request from
Tadeusz Hanftwurcel and David Nisenbaum for a new SDM license for
a business located at 16721 Middlebelt Road, Livonia, Michigan
48154, Wayne County; and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan
Liquor Control Commission.
On a motion by Jurcisin, seconded by Taylor, and unanimously
adopted, it was:
#919-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 17, 1992,
which bears the signature of the Finance Director, is approved by
the Director of Community Resources and is approved for
submission by the Mayor, the Council does hereby accept the bid
of Rollin Landscaping Inc , 20851 Robinson, Farmington Hills,
Michigan, for fence and wall relocation at the Greenmead Farm
Complex for a total price of $28,100, the same having been in
fact the second lowest bid received for this item, and the low
bid of Future Fence Company is hereby rejected; FURTHER, the
Council does hereby appropriate and authorize the sum of $24,800
from encumbered 1992 budget funds from the Historical Commission
- Greenmead budget and the balance of $3,300 from the Post Office
Fund; 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.
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#920-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 17, 1992,
which bears the signature of the Finance Director, is approved by
the Director of Community Resources and is approved for
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submission by the Mayor, and which submits bids receivea with
respect to the proposed fence and wall relocation at the Greenmead
Farm Complex, the Council does hereby refer this item to the
Department of Law for a report and recommendation with regard to
the legal ramifications involved concerning the said proposed
wall relocation, including consideration of applicable provisions
of City ordinance, State statute and Federal Law
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was:
#921-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 18, 1992, which
transmits its resolution 11-512-92, adopted on November 17, 1992,
with regard to Petition 92-10-2-39, submitted by Bob Evans Farms,
Inc. , requesting waiver use approval to construct and operate a
full-service restaurant (Cantina del Rio) to be located on the
north side of Seven Mile between Victor Parkway and 1-275
Expressway in the Southeast 1/4 of Section 6, which property is
zoned C-2, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 92-10-2-39 is
hereby approved and granted, subject to the following conditions:
1) That the Site Plan dated 11-16-92, as revised, prepared by
Wolfgang Doerschlac, Architects, which is hereby approved,
shall be adhered to;
2) That the Building Elevation plans Sheet A3 1 and A3 2 dated
11-16-92, as revised, prepared by Wolfgang Doerschlac,
Architects, which are hereby approved, shall be adhered to;
3) That the Landscape Plan dated 11-16-92, prepared by John
Grissim & Associates, Landscape Architects, is hereby
approved and shall be installed prior to the issuance of a
Certificate of Occupancy and shall thereafter be permanently
maintained in a healthy condition;
4) That a complete underground sprinkler system serving all
landscaped areas shall be installed;
5) That the number of customer seats provided shall not exceed
308; and
6) That all off-street parking spaces needed to satisfy the
minimum parking requirements as set forth in the Zoning
Ordinance for restaurant uses shall be at least 10 feet in
width.
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
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#922-92 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 23,
1992, the Council takes this means, in behalf of the citizens of
the City of Livonia, to express its thanks and appreciation to
the Livonia Rotary Club for the reshingling of the Pavilion at
Rotary Park at no cost to the taxpayers.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#923-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 18,
1992, and submitted pursuant to Council Resolution 725-92 in
connection with a communication from the City Planning
Commission, dated August 17, 1992, which transmits its resolution
8-431-92, adopted on August 11, 1992, with regard to a Sign
Permit Application submitted by Royal Management Co. on behalf of
Ground Round Restaurant requesting approval to erect a ground
sign on property located at 17050 S. Laurel Park Drive, 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 #12775 and the Site Plan #L-8p by Royal
Management Co , submitted on behalf of Ground Round
Restaurant at 17050 S. Laurel Park Drive, is hereby approved
and shall be adhered to;
2) That this approval is subject to the petitioner being
granted a variance permitting a ground sign on property with
multiple wall signs;
3) That the sign shall be internally illuminated only; and
4) That the maximum height of the sign shall be 6as measured
from sidewalk level.
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was:
#924-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 18,
1992, and submitted pursuant to Council Resolution 194-92 in
connection with a communication from Council President Laura M.
Toy, dated February 26, 1992, wherein it is proposed that a
Charter amendment be adopted which would revise the manner in
which the Council President and Council Vice President are
selected (to be determined by the amount of votes received at the
preceding regular City election), the Council does hereby
determine to take no further action.
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On a motion by Kavanagh, seconded by Feenstra, it was:
Las RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 18,
1992, and submitted pursuant to Council Resolution 154-92 in
connection with the question of whether a Charter amendment
should be prepared which limits the terms of office for all
elected City officials as well as the terms of office of the
Judges of the 16th District Court, the Council does hereby
request that the Department of Law prepare a Charter amendment
which would prohibit all elected City officials (not Judges) from
seeking reelection after already having served ten (10)
consecutive years in that particular office.
The President relinquished the Chair to senior Councilmember Taylor at
8 36 p.m
A roll call vote was taken on original resolution with the following
result:
#925-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 18,
1992, and submitted pursuant to Council Resolution 154-92 in
connection with the question of whether a Charter amendment
should be prepared which limits the terms of office for all
elected City officials as well as the terms of office of the
Judges of the 16th District Court, the Council does hereby
request that the Department of Law prepare a Charter amendment
which would prohibit all elected City officials (not Judges) from
seeking reelection after already having served ten (10)
consecutive years in that particular office
AYES: Jurcisin, Taylor, Feenstra, Kavanagh, McGee, and Toy.
NAYS: None.
The President declared the resolution adopted.
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was:
#926-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 18,
1992, and submitted pursuant to Council Resolution 154-92 in
connection with the question of whether a Charter amendment
should be prepared which limits the terms of office for all
elected City officials as well as the terms of office of the
Judges of the 16th District Court, the Council does hereby refer
this subject to the Legislative Committee for its report and
recommendation.
The President resumed the Chair at 8:55 p m
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On a motion by Taylor, seconded by Kavanagh, and unanimously
Imoadopted, it was:
#927-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 18,
1992, and submitted pursuant to Council Resolution 158-92 in
connection with the question of the City's ability to set limits
on campaign expenditures for candidates seeking public office,
the Council does hereby determine to take no further action.
On a motion by Feenstra, seconded by Taylor and unanimously
adopted, it was:
#928-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 18,
1992, and submitted pursuant Council Resolution 83-92 which
provides that rules for addressing the City Council at all public
meetings be reviewed and evaluated by the Council, after they
have been in effect for a period of 180 days, the Council does
hereby determine to take no further action
Feenstra gave first reading to the following Ordinance:
lomm AN ORDINANCE AMENDING SECTION 31.02 OF ARTICLE XXXI
OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED
AS THE "CITY OF LIVONIA ZONING ORDINANCE"
(Petition 92-3-6-2)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting.
Taylor gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SUBSECTION 10 OF SECTION .010
OF CHAPTER 16 (PARKS AND PLAYGROUNDS) OF TITLE 12
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.
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A communication from the Environmental Health Division of the
LWayne County Department of Public Health, dated November 18, 1992, re:
condition of the swimming pool located at 35480 Curtis was received and
placed on file for the information of the Council.
On a motion by Jurcisin, seconded by Feenstra, it was:
#929-92 RESOLVED, that having considered a communication from
the City Assessor, dated October 29, 1992, approved for
submission by the Mayor, with regard to a request from Mr.
Michael Swartz, United Homes Inc. , 25882 Orchard Lake, Farmington
Hills, Michigan 48336, 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. 46 045 03 0049 000 into
two parcels, the legal descriptions of which shall read as
follows:
Lot 78 and south 1/2 Lot 77 Dohany Subdivision of W. 1/2 of
W 1/2 of N.E. 1/4 of Section 12, T. 1 S. , R. 9 E. , Livonia
Township (now City), Wayne County, Michigan
Lot 49 and south 1/2 Lot 50 Dohany Subdivision of W. 1/2 of
W. 1/2 of N.E 1/4 of Section 12, T. 1 S. , R. 9 E. , Livonia
Township (now City), Wayne County, Michigan.
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.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jurcisin, Taylor, Feenstra, and McGee.
NAYS: Kavanagh and Toy.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Jurcisin, it was:
#930-92 RESOLVED, that in accordance with Section 23.01(a) of
Zoning Ordinance 543, as amended, the Council does hereby request
[.. that the City Planning Commission conduct a public hearing and
thereafter submit a report and recommendation on the question of
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whether certain property located in the Dohany Subdivision, south
Iftw of Seven Mile Road and west of Inkster Road in the Northeast 1/4
of Section 12 should be rezoned from RUF to a more appropriate
residential zoning classification
A roll call vote was taken on the foregoing resolution with the following
result:
AYES Jurcisin, Taylor, Feenstra, Kavanagh, and McGee
NAYS: Toy
The President declared the resolution adopted
On a motion by Jurcisin, seconded by Feenstra, it was:
#931-92 RESOLVED, that having considered a communication from
the City Assessor, dated November 5, 1992, approved for
submission by the Mayor, with regard to a request from Mr Leo
Soave, 34822 Pembroke, Livonia, Michigan 48152, in behalf of Mr.
Charles Richardson, 20011 Farmington Road, Livonia, Michigan
48152, and in accordance with the provisions of 1967 PA 288, as
amended, as well as Section 18 46 of Ordinance 543, as amended,
the Council does hereby approve of the proposed division of Tax
Item No. 46 013 99 0020 000 into two parcels, the legal
lim descriptions of which shall read as follows:
Parcel "A" Part of the N W. 1/4 of Section 4, T 1 S. , R.9
E , City of Livonia, Wayne County, Michigan, described as:
Beginning in the E line of Section 4, 1848 feet S of the
N E corner of said Section 4; thence S along the E line
of said Section 4, 72 feet to a point; thence W parallel
with the N line of said Section 4, 359.36 feet to a point;
thence N. 72 feet to a point; thence E. parallel with the N
line of said Section 4, 359.30 feet to the point of
beginning, except the E. 60 feet thereof Containing one
half acre of land.
Parcel "B": Part of the N E. 1/4 of Section 4, T 1 S. , R 9
E , City of Livonia, Wayne County, Michigan, described as:
Beginning in the E. line of Section 4, 1920 feet S. of the
N E. corner of said Section 4; thence S. along the E. line
of said Section 4; 60 feet to a point; thence W. parallel
with the N. line of said Section 4, 659.5 feet to a point;
thence N. 132 feet to a point; thence E. parallel with the
N line of said Section 4, 300 feet to a point; thence S 72
feet to a point; thence E. parallel with the N. line of said
Section 4, 359.36 feet to the point of beginning, except the
E 60 feet thereof. Containing 1 32 acres of land.
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
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recorded in the Office of the Wayne County Register of Deeds;
imw 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.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jurcisin, Taylor, Feenstra, McGee, and Toy.
NAYS: Kavanagh.
The President declared the resolution adopted.
On a motion by Taylor, seconded by McGee, and unanimously
adopted, it was:
#932-92 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated November 16, 1992,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby accept the
bid of Tennyson Chevrolet, 32570 Plymouth, Livonia, Michigan
48150, for the lease of ten (10) vehicles to the Livonia Division
of Police for a two-year period for the price of $60,504 per
iir
year, the same having been in fact the lowest bid received and
meets all specifications; FURTHER, the Council does hereby
appropriate and authorize the expenditure of the sum of $60,504
from Account No. 101-329-347-000 for this purpose.
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was:
#933-92 RESOLVED, that the Council does hereby refer to the
Finance and Insurance Committee for its report and recommendation
the question of the percentage of American content required in
the City's specifications and form of request for proposals
and/or bids for the purchase of all City vehicles.
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was:
#934-92 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
November 14, 1992, approved by the Finance Director and approved
for submission by the Mayor, the Council does hereby accept the
unit price bid of Dearborn Lithograph, Inc. , 12380 Globe,
Livonia, Michigan 48150, for printing of the 12 page Newsletter
for a price of $109 34/M ($4,100) and for the printing of the 16
page Newsletter for the price of $122.14/M ($4,580), the
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action herein being taken for the reason that the aforesaid bid
with respect to the 12 page Newsletter is the lowest bid received
and the action taken with respect to the 16 page Newsletter is in
the best interest of the City of Livonia; and the low bid of
Century Design & Printing submitted with respect to the 16 page
Newsletter is hereby rejected
On a motion by Kavanagh, seconded by Feenstra, and unanimously
adopted, it was:
#935-92 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated November 18, 1992,
and submitted pursuant to Council Resolutions 704-92 and 705-92,
the Council does hereby authorize the sale of a vacated
residential lot located at 9134 Newburgh Road to Mrs Evelyn
Suddendorf, 9116 Newburgh, Livonia, Michigan 48150, for a total
purchase price of $52,000, which sale is conditioned upon the
purchaser providing such title work as may be required for this
transaction, the action herein being taken in order to best serve
the interests of the community in accordance with Section
3.05.090A of the Livonia Code of Ordinances, as amended; and the
legal description of the aforesaid property is as follows:
Part of Lot 746, Supervisor's Livonia Plat No. 12, as
recorded in Liber 66, Page 65, W.C.R. , said plat being a
lis part of Section 32, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan and being more particularly
described as follows
Beginning at a point on the West line of said Section 32,
1014 50 feet due South of the West quarter corner of said
Section; thence South 87 degrees 49 minutes 15 seconds East
328 feet to a point; thence due South 152.75 feet to a
point; thence North 87 degrees 49 minutes 15 seconds West,
328 feet to a point on the West line of Section 32; thence
due North along said line 152.75 feet to the point of
beginning, except the west 60 feet thereof reserved for
Newburgh Road right-of-way.
(Tax Item No. 46-121-01-0746-003);
and the Mayor and City Clerk are hereby authorized, for and on
behalf of the City of Livonia, to execute a quit claim deed and
such other documents as may be necessary or incidental to fulfill
the purpose of this resolution; and the Department of Law is
hereby requested to prepare and place in proper form such legal
documents as may be necessary to consummate this transaction.
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was:
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#936-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 18, 1992, which
transmits its resolution 11-513-92, adopted on November 17, 1992,
with regard to Petition 92-10-2-40, submitted by Bob Evans Farms,
Inc. , requesting waiver use approval to utilize a Class C liquor
license in connection with a proposed restaurant (Cantina del
Rio) to be located on the north side of Seven Mile Road between
Victor Parkway and 1-275 Expressway in the Southeast 1/4 of
Section 6, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 92-10-2-40 is hereby approved and granted
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was:
#937-92 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 29, 1992, with
regard to a request from John M. Kantner for a new full year
Class C license to be located at 1-275 and Seven Mile Road,
fronting Victor Parkway, Livonia, Michigan, Wayne County, in the
corporate name of Bob Evans Farms, Inc. , an Ohio Corporation, the
Council does hereby take this means to advise the Michigan Liquor
Control Commission that the City Council approves the said
request "above all others"; and the City Clerk is hereby
requested to transmit a certified copy of this resolution to the
Michigan Liquor Control Commission.
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was:
#938-92 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated June 30, 1992, with
regard to an application from Attorney John B. Carlin, Jr. for a
new full year Class C license to be located on Haggerty, north of
Seven Mile Road, Livonia, Michigan, Wayne County, in the
corporate name of Applebee's of Michigan, Inc. , and having also
considered a letter from Mr. Carlin, dated December 8, 1992,
which states that the request herein has been withdrawn, the
Council does hereby take this means to advise the Liquor Control
Commission that the City Council denies the said request and
would not recommend that the said application be approved by the
Michigan Liquor Control Commission; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission.
On a motion by Taylor, seconded by Jurcisin, and unanimously
adopted, it was:
im.
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#939-92 RESOLVED, that having considered a communication from
Iwo the City Planning Commission, dated December 2, 1992, which
transmits its resolution 12-524-92, adopted on December 1, 1992,
with regard to Petition 92-10-2-42, submitted by Home Quarters of
Michigan, Inc. , requesting waiver use approval to construct a
retail home improvement store with an outdoor garden shop on
property located on the east side of Middlebelt Road between
Schoolcraft and Plymouth Roads in the Northwest 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 92-10-2-42 is hereby approved and granted, subject to
the following conditions:
1) That the Site Plan dated 11-16-92, as revised, prepared by
Professional Engineering Associates, which is hereby
approved, shall be adhered to;
2) That the following recommended actions put forth by Reid,
Cool & Michalski, Inc. , Traffic and Transportation Engineers
in their report titled "Traffic Impact Study for Proposed
Home Quarters Livonia, Michigan," dated November 25, 1992,
shall be implemented
a) That the northbound right turn lane on Middlebelt Road
be extended as shown on the approved Site Plan, and
b) That right turns from northbound Middlebelt Road be
permitted from the second lane as well;
3) That the Building Elevation Plan dated 11-30-92, as revised,
prepared by Home Quarters Architectural Department, which is
hereby approved, shall be adhered to;
4) That the Landscape Plan dated 11-16-92, as revised, prepared
by Michael J. Dul & Associates, Landscape Architects, which
is hereby approved, shall be adhered to, and the landscaping
shall be installed prior to the issuance of a Certificate of
Occupancy and thereafter permanently maintained in a healthy
condition;
5) That an underground sprinkler system serving all landscaped
areas shall be installed;
6) That a sign plan shall be submitted to the Planning
Commission and City Council for their approval prior to the
issuance of a Sign Erection Permit;
7) That the approval of this waiver use in no way implies
approval of the "Proposed Future Restaurant" illustrated on
the approved site plan;
Im. 8) That scoured block shall be used on the east and south
elevations of the building;
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9) That brick shall be used on the garden wall on the north and
Lwest elevations, and
10) That the existing DRC sign situated on the subject property
shall be removed prior to issuance of an occupancy permit.
On a motion by Taylor, seconded by Jurcisin, and unanimously
adopted, it was:
#940-92 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 did not appear on the
agenda.
On a motion by Jurcisin, seconded by Taylor, and unanimously
adopted, it was
#941-92 WHEREAS, the City Clerk has received an amended
Application for Industrial Facilities Exemption Certificate from
Ford Motor Company - Livonia Transmission Plant, dated October 8,
1992, covering new industrial facilities to be located within
City of Livonia Industrial Development District No. 1; and
WHEREAS, the City Clerk has notified in writing the Assessor of
the City of Livonia as well as the legislative body of each
taxing unit which levies ad valorem property taxes in the local
governmental unit in which the proposed facility is to be
located, i e , the City of Livonia, and advised each of them that
the said amended Application has been received; and
WHEREAS, the City Council has afforded Ford Motor Company -
Livonia Transmission Plant, the Assessor, and a representative of
each of the affected taxing units an opportunity for a hearing on
this amended Application and said hearing having in fact been
conducted at 7:30 p.m. , Monday, December 7, 1992, at the Livonia
City Hall, 33000 Civic Center Drive, Livonia, Michigan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Livonia as
follows:
1. That the City Council, on the basis of the information
received from the applicant, Ford Motor Company - Livonia
Transmission Plant, finds and determines: (a) that the
granting of this industrial facilities exemption certificate
shall not have the effect of substantially impeding the
operation of the local governmental unit or impairing the
financial soundness of any taxing unit which levies an ad
valorem property tax in the local governmental unit in which
the facility is to be located; and (b) the applicant has
fully complied with the requirements of Section 9, Act No.
198, P A. 1974, as amended.
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2 That the City Council hereby approves the amended
Ibra Application for Industrial Facilities Exemption Certificate
from Ford Motor Company - Livonia Transmission Plant
covering new industrial facilities to be located within the
City of Livonia Industrial Development District No. 1, for
12 years.
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was:
#942-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 23, 1992,
approved for submission by the Mayor, the Council does hereby
amend Item #7 of Council Resolution 257-89 adopted on March 22,
1989, and subsequently amended by Council Resolutions 742-89,
933-89 and 969-90 so as to reduce the financial assurances now on
deposit with the City for Sidewalk Improvements to $5,000, of
which $2,500 is to be in cash, in the Fox Creek Meadows
Subdivision located in the Southwest 1/4 of Section 5, and the
financial assurances now on deposit with the City, if any, shall
be reduced accordingly; FURTHER, the Council does hereby
authorize the release to Lendrum & Ronayne Development, Inc. ,
28947 Glenbrook Drive, Farmington Hills, Michigan 48331, the
proprietor of the Fox Creek Meadows Subdivision, of the financial
assurances previously deposited with respect to the General
Improvement Bond in the amount of $3,000 cash, the Entrance
Marker, Landscaping Bond in the amount of $20,000 (of which
$2,000 was to be cash), and the Monument/Marker Bond in the
amount of $2, 110 (cash); FURTHER, all other financial assurances
now on deposit with the City shall remain the same and unchanged.
No one wished to speak during the audience communication portion
at the end of the meeting
On a motion by Taylor, seconded by Jurcisin, and unanimously
adopted, this 1,238th Regular Meeting of the Council of the City of Livonia
was adjourned at 9:29 p.m. , December 9, 1992.
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J n McCotter, City Clerk