HomeMy WebLinkAboutCOUNCIL MINUTES 1995-03-22 28721
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND NINETY-THIRD
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On March 22, 1995, 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 00 p m Councilmember Feenstra delivered the
invocation
Roll was called with the following result Fernon P Feenstra,
Michael P McGee, Sean P Kavanagh, Maureen Miller Brosnan, Laura M Toy,
Dale A Jurcisin, and Gerald Taylor Absent None
Elected and appointed officials present Robert D Bennett,
Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K
White, City Attorney; Ann W Tavolacci, Deputy City Clerk; Karen A
Szymuia, Director of Legislative Affairs; Robert J Beckley, Director of
Imo Public Works; Jeanne Treff, Cable Television Director; Suzanne Wisler,
Director of Community Resources; Ronald Reinke, Superintendent of Parks and
Recreation; and Sue Daniel, Historical Commission
On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was
#159-95 RESOLVED, that the minutes of the 1,292nd Regular
Meeting of the Council of the City of Livonia, held March 8,
1995, are hereby approved as submitted
No one from the audience wished to speak at this time
Pursuant to a letter received from Mrs Miller, 34404 Ann Arbor
Trail, Livonia 48150, dated March 13, 1995, regarding the installation of a
cellular tower in the park by her home, Councilmember Feenstra directed
that the matter of the approval process in connection with the placement of
a cellular tower in the park be referred to Wayne County Commissioner
Thaddeus McCotter for his report and recommendation, and that the letter be
referred to the Wayne County Executive for response to Mrs Miller
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Councilmember Feenstra directed that the subject of a truck and
trailer at 34200 Ann Arbor Trail be referred to the Inspection Department
for a report and recommendation
Council President Taylor announced that MADD (Mothers Against
Drunk Driving) will be having a Mother' s Day Flower Sale (hanging and
bedding plants) at Countryside Craft Mall and Antiques, located at 35323
Plymouth Road, on May 13, 1995, with all proceeds going to MADD
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#160-95 RESOLVED, that having considered a communication from
the Chairman of the Zoning Board of Appeals, dated March 15,
1995, requesting that the Council review Section 2 10 (4) , Section
18 50A 16, and Section 2 06 of the Zoning Ordinance to determine
if there is a need for revision/updating of same, the Council
does hereby refer this subject to the Legislative Committee for a
report and recommendation
Councilmember Feenstra read a letter from the Michigan Municipal
League announcing that the Annual Regional Meeting for all municipal
officials in Region I will be held on Wednesday, May 3, 1995 The host
city will be Oak Park, and the program will run from 9 30 a m until 3 15
pm
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#161-95 RESOLVED, that having considered a report and
recommendation from the Department of Law, dated March 21, 1995,
submitted pursuant to Council Resolution 134-95 regarding the
forfeiture of automobiles of persons driving under the influence
of liquor or driving while their drivers licenses are suspended
or revoked, the Council does hereby refer this matter to the
Legislative Committee for a report and recommendation
Councilmember Jurcisin suggested that if the Council determines
to adopt such an ordinance, the Council may want to consider asking the
Michigan Attorney General as to the legality of such an ordinance prior to
the second reading of the ordinance
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Councilmember Toy asked the viewing audience to say a prayer for
the speedy recovery of Mike Tabacca, the seven year-old boy with downs
syndrome who was hit by a car on Five Mile Road
Councilmember Toy also regrettably announced that Sister Rachel
of the Felician Sisters passed away on Sunday
Councilmember Feenstra again announced the benefit dinner for
Lisa Petro (Tartaglia) scheduled for Friday, March 31, 1995, from 6 30 p m
to midnight The dinner is being held at the Italian American Banquet
Center, 39200 Five Mile Read, Livonia, with all proceeds to help cover the
cost of Lisa's bone marrow transplant
Councilmember Feenstra also announced his wife Barbara's upcoming
43rd birthday on Sunday
A communication from the City Attorney, dated March 6, 1995, re
Barry Foreman and Murray Foreman v Roko Donovic, L. Georges Coney Island,
George Liucauic, Frankies Pizza, Othman Ali Ramouni, Hardees Food Systems,
Inc. , a Foreign Corporation, Grand Center Co. Partnership, a Michigan
Limited Partnership, and the City of Livonia, a Municipal Corp. , Wayne
County Circuit Court Case No 93-324776 CZ, was received and placed on file
for the information of the Council
A communication from the Director of Finance, dated March 7,
1995, re forwarding various financial statements of the City of Livonia
for the month ending December 31, 1994, was received and placed on file for
the information of the Council
On a motion by McGee, seconded by Kavanagh, it was
#162-95 RESOLVED, that having considered an application from
Jerry O'Halloran, 28640 Grandon, dated February 21, 1995,
requesting permission to close Grandon between Harrison and
Brentwood on Saturday, June 10, 1995 from 2 :00 p m to 9 00 p m
for the purpose of conducting a block party, the Council does
hereby grant permission as requested, including therein
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permission to conduct the said affair on Sunday, June 11, 1995 in
the event of inclement weather, the action herein taken being
made subject to the approval of the Police Department
#163-95 RESOLVED, that having considered a communication from
the City Assessor, dated February 14, 1995, approved for
submission by the Mayor, with regard to a request from Mr Gus
Varlamos, 15184 Merriman, 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-
090-99-0020-000 into two parcels, the legal descriptions of which
shall read as follows
Parcel A
Part of the Northwest 1/4 of the Northwest 1/4 of Section
23, Town 1 South, Range 9 East, more particularly described
as follows
Beginning at a point on the West line of said Section 23,
said point being South 0 degrees, 12 minutes, 20 seconds,
East 325 02 ft from the Northwest corner of Section 23;
thence North 89 degrees, 57 minutes, 00 seconds, East 330 00
ft ; thence South 0 degrees, 12 minutes, 20 seconds, East
L
66 00 ft ; thence South 89 degrees, 57 minutes, 00 seconds,
West 330 00 ft ; thence North 0 degrees, 12 minutes, 20
seconds, West 66 00 ft ; to the point of beginning,
containing 0 5 acres, excepting there from the West 60 ft
for Merriman Road right-of-way Also subject to all
easements and restrictions of record
Parcel B
Part of the Northwest 1/4 of the Northwest 1/4 of Section
23, Town 1 South, Range 9 East, more particularly described
as follows
Beginning at a point on the West line of said Section 23,
said point being South 0 degrees, 12 minutes, 20 seconds
East 391 02 ft from the Northwest corner of Section 23;
thence North 89 degrees, 57 minutes, 00 seconds, East 330 00
ft ; thence South 0 degrees, 12 minutes, 20 seconds, East
66 00 ft ; thence South 89 degrees, 57 minutes, 00 seconds,
West 330 00 ft ; thence North 0 degrees, 12 minutes, 20
seconds, West 66 00 ft ; to the point of beginning,
containing 0 5 acres, excepting there from the West 60 ft
for Merriman Road right-of-way Also subject to all
easements and restrictions of record
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;
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provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals; provided further that the detached
garage will be removed from the property
#164-95 RESOLVED, that having considered a report and
recommendation of the Superintendent of Parks and Recreation,
dated February 21, 1995, which bears the signature of the Finance
Director and is approved for submission by the Mayor, the
Council does hereby authorize retaining Stanley F Sonk and
Associates, Inc , 39201 Schoolcraft Road, Suite B15, Livonia,
Michigan 48150, for providing consulting electrical engineering
services to the Department of Parks and Recreation for the
relighting of Henry Ford athletic fields for a sum not to exceed
$8, 950 00, which sum is hereby authorized and appropriated from
the Capital Projects Fund, Account No 401-000-976-023 for this
purpose; FURTHER, the Mayor and City Clerk are hereby authorized
to execute a contract for and on behalf of the City of Livonia
with the aforesaid company and to do all other things necessary
or incidental to the full performance of this resolution;
FURTHER, the Council does hereby authorize the action herein
without competitive bidding in accordance with Section 3 04 140D2
of the Livonia Code of Ordinances, as amended
#165-95 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 22, 1994, and
the report and recommendation of the Chief of Police, dated March
2, 1995, approved for submission by the Mayor, the Council does
hereby approve of the request from All Sports Cards Inc for
transfer of ownership of a 1994 SDD-SDM licensed business with
Sunday Sales from Richard P George, for a business located at
30303 Plymouth, Livonia, Michigan 48150, Wayne County; and the
City Clerk is hereby requested to forward a certified copy of
this resolution to the Michigan Liquor Control Commission
#166-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
21, 1995, which bears the signature of the Finance Director and
is approved for submission by the Mayor, the Council does hereby
accept the low bid which meets specifications of Michigan
Chloride Sales, Inc , P 0 Box 147, St Louis, Michigan 48880,
for supplying the Public Service Division (Road Maintenance
Section) with liquid calcium chloride delivered and applied to
the street at the unit price bid of $290 00 per 1, 000 gallons for
the period through December 31, 1995; FURTHER, in the event the
aforesaid low bidder is unable to furnish the material, the
Council does hereby accept the second low bid which also meets
specifications of Liquid Calcium Chloride Sales, Inc , P 0 Box
215, Kawkawlin, Michigan 48631, for supplying the Public Service
Division (Road Maintenance Section) with liquid calcium chloride
delivered and applied to the street at the unit price bid of
$433 00 per 1, 000 gallons for the period through December 31,
1995
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#167-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
22, 1995, which bears the signature of the Finance Director and
is approved for submission by the Mayor, the Council does hereby
accept the low bid which meets specifications of National
Ready-Mix, Inc , 39000 Ford Road, Westland, Michigan 48184, for
supplying the Public Service Division (Road Maintenance Section)
with readymix concrete at the unit prices bid for the period
April 1, 1995 through March 31, 1996 and for an estimated total
amount of $60, 310 00; FURTHER, in the event the aforesaid low
bidder is unable to furnish the material, the Council does hereby
accept the second lowest bid which also meets specifications of
Fendt Transit Mix, Inc , 43443 Flint Street, Novi, Michigan
48375, and Plymouth Concrete, Inc , 600 Junction Street,
Plymouth, Michigan 48170, for supplying the Public Service
Division (Road Maintenance Section) with readymix concrete at the
unit prices bid for the period April 1, 1995 through March 31,
1996 and for an estimated total amount of $60,400 00
#168-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 6,
1995, which bears the signature of the Finance Director and is
approved for submission by the Mayor Pro Tem, the Council does
hereby accept the following low bids which meet specifications
for supplying the Public Service Division (Road Maintenance
Section) with materials specified at the unit prices bid per ton
for the period April 1, 1995 through March 31, 1996
(1) Suburban Transport, Inc , 54630 Pontiac Trail, Milford, MI 48381
MDOT - 21A - D T Y $5 00 per ton
M D 0 T - 21A - S 0 R 5 00 per ton
MDOT - 22A - D T Y 4 76 per ton
M D O T - 22A - S 0 R 4 76 per ton
W CRC - 3A - D T Y 9 22 per ton
M D 0 T - 25A - D T Y (Slag) 9 17 per ton
W CRC - 3X - D T Y 7 48 per ton
W CRC - 22X - D T Y 5 08 per ton
W CRC - 30A - D T Y 6 89 per ton
MDOT - 9A - D T Y 7 65 per ton
MDOT - 9A - S O R 7 65 per ton
W CRC - Porous Backfill - Grade A - D T Y 3 30 per ton
W CRC - Porous Backfill - Grade B - D T Y 5 05 per ton
W CRC - 2NS - Natural Sand - D T Y 4 59 per ton
W CRC - 2MS - Mortar Sand - D T Y 7 21 per ton
60-40 Washed - Conc Aggregates - D T Y 7 59 per ton
Pea Gravel - D T Y 6 84 per ton
M D 0 T - 21AA - Limestone 6 04 per ton
(2) Dale Osburn, Inc , 5850 Pardee, Taylor, Michigan 48180
MDOT - 31A - D T Y 7 52 per ton
M D 0 T - 25A - D T Y (Stone) 8 51 per ton
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#169-95 RESOLVED, that having considered the communication of
the City Engineer, dated February 21, 1995, and approved for
submission by the Mayor, submitted pursuant to Council Resolution
Nos 875-94, 54-95 and 55-95, with respect to proposed sidewalk
installation on the east and west sides of Newburgh Road from Joy
Road to Plymouth Road and on the west side only of Newburgh Road
from Plymouth Road to Schoolcraft Road, the Council does hereby
authorize the Mayor and City Clerk to enter into a formal
agreement with the Michigan Department of Transportation whereas
75 percent of the project cost, up to an amount not to exceed
$64,440 00, shall be reimbursed to the City of Livonia from
agencies of the Federal Government
#170-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 22, 1995,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby approve the
City' s participation in the design costs associated with the
upgrading of traffic signals along Newburgh Road in conjunction
with the County of Wayne in the amount of $21, 816 00
(representing City's participation in the design costs) ; FURTHER,
the Council does hereby appropriate and authorize the expenditure
of a sum not to exceed $21, 816 00 from the Michigan
Transportation Fund (Major Road Account) for this purpose; and
the City Clerk is requested to send a certified copy of this
resolution to the Wayne County Public Service Division of Roads
A communication from the Engineering Department, dated February
27, 1995, re report on the similarities and/or differences between Pines
of Winfield Subdivision and Rennolds' Ravines Subdivision with respect to
drainage was received and placed on file for the information of the
Council (CR 682-94)
#171-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 27, 1995,
approved for submission by the Mayor, submitted pursuant to
Council Resolution 682-94, the Council does hereby refer this
subject to the Water, Sewer and Waste Committee for tracking
purposes
#172-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 7, 1995, which
bears the signature of the Finance Director, is approved as to
form by the City Attorney, is approved by the Chairman of the
Water and Sewer Board and is approved for submission by the Mayor
Pro Tem, and to which is attached a contract between the Michigan
Department of Transportation, the County of Wayne and the City of
Livonia for the reconstruction and widening of Merriman Road
between Six and Seven Mile Roads, including the construction of a
sanitary sewer and the reconstruction of an existing 12" water
28728
main, the total project cost of which is estimated at
$1, 986, 190 00, with the City of Livonia's share estimated to be
$304, 780 00 ($161, 030 00 for road construction and $143, 750 00
for sanitary sewer and water main work) , the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City
of Livonia, to execute the said agreement in the manner and form
herein submitted, as well as to do all other things necessary or
incidental to the full performance of this resolution; FURTHER,
the Council does hereby appropriate the sum of $161, 030 00 from
the General Obligation Road Improvement Bond Issue and the sum of
$143, 750 00 from the $5 Million Bond Issuance of the Water and
Sewer Fund for this purpose
#173-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 7, 1995, which
bears the signature of the Finance Director, is approved as to
form by the City Attorney, is approved by the Chairman of the
Water and Sewer Board and is approved for submission by the Mayor
Pro Tem, with respect to the reconstruction and widening of
Merriman Road between Six and Seven Mile Roads, the Council does
hereby refer the subject of the possible installation of
sidewalks along Merriman Road between Six and Seven Mile Roads in
connection with this road improvement to the Engineering
Department for itd report and recommendation
#174-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 7, 1995, which
transmits its resolution 2-37-95, adopted on February 28, 1995,
with regard to the proposed preliminary plat of Harrison Woods
Subdivision to be located on the south side of Seven Mile Road
between Lathers Avenue and Brentwood Avenue in the North 1/2 of
Section 12, City of Livonia, Wayne County, Michigan, and the
preliminary plat having been approved by the City Planning
Commission on February 28, 1995, the Council does hereby approve
of the said preliminary plat based upon the same conditions as
those set forth in the aforesaid Planning Commission action and
subject to the receipt of a report and recommendation by the City
Engineer relative to the development plans and specifications for
the improvements therein, and the financial assurances
guaranteeing the satisfactory installation of such improvements
#175-95 RESOLVED, that having considered a communication from
the City Planning Commission dated March 7, 1995, which transmits
its resolution 2-39-95, adopted on February 28, 1995, with regard
to a Sign Permit Application submitted by Dearborn Federal Credit
Union requesting approval for signage for the building located at
37373 Seven Mile Road in the Northwest 1/4 of Section 8, the
Council does hereby concur in the recommendation of the Planning
Commission and approve the said Sign Permit Application, subject
to the following conditions
1) That the Sign Plan, defined as Sheet A509 dated February 2,
1995, as revised, by Quinn Evans Architects, is hereby
approved and shall be adhered to; and
28729
2) That the Site Plan, defined as Sheet L001 dated February 2,
1995, as revised, by Quinn Evans Architects, is hereby
approved and shall be adhered to
#176-95 RESOLVED, that having considered the report and
recommendation of the Assistant Planning Director, dated March 7,
1995, approved for submission by the Mayor Pro Tem, and to which
is attached a report containing a brief explanation of the
1995-96 Community Development Block Grant (CDBG) Program, the
Council does hereby take this means to indicate its informal
approval of the proposed program and both Alternate A proposed
budget as well as the Alternate B proposed budget, and does
further authorize the conducting of a public hearing on this
matter for public comment so that thereafter a final program and
budget will be prepared for submission to the City Council
#177-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 2, 1995, which
transmits its resolution 2-22-95, adopted on February 14, 1995,
with regard to Petition 94-12-2-36, submitted by Archie's
Restaurant, requesting waiver use approval to expand and increase
the seating capacity of an existing restaurant located on the
south side of Plymouth Road between Milburn and Flamingo Avenues
in the Northwest 1/4 of Section 35, which property is zoned C-2,
the Council does hereby refer this item to the Committee of the
L Whole for its report and recommendation
#178-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 27, 1995, which
transmits its resolution 2-24-95, adopted on February 14, 1995,
with regard to Petition 95-1-2-3, submitted by Archie' s
Restaurant, requesting waiver use approval for a Class C license
for an existing restaurant located on the south side of Plymouth
Road east of Milburn Avenue in the Northwest 1/4 of Section 35,
which property is zoned C-2, the Council does hereby refer this
item to the Committee of the Whole for its report and
recommendation
#179-95 RESOLVED, that having considered a communication from
Councilmember Sean P Kavanagh, dated March 9, 1995, with respect
to the feasibility of building an all-season indoor sports
complex to be paid for by user fees, the Council does liereby
refer this item to the Committee of the Whole for its report and
recommendation; FURTHER, the Council does hereby refer this
subject to the Mayor and the Superintendent of Parks and
Recreation for a report and recommendation
#180-95 RESOLVED, that having considered a communication from
Councilmember Fernon P Feenstra, dated March 15, 1995 with
respect to rules established by the Livonia Anniversary Committee
which would regulate the distribution of literature and the
making of a public address or speech by political, religious,
charitable or civic organizations in connection with the annual
SPREE celebration, the Council does hereby adopt the following
rules as established by the Livonia Anniversary Committee
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1 Persons interested in distributing literature, or making a
public address or speech, must register in advance at the
SPREE office, located southeast of the Eddie Edgar Arena;
2 Literature may only be distributed and public addresses made
at assigned locations;
3 Persons handing out literature will be responsible for
litter cleanup in the area of distribution;
4 Distributors of literature are prohibited from physically
forcing acceptance of literature by visitors to SPREE;
5 Distribution of commercial literature of any kind is
prohibited at SPREE;
6 All monetary solicitations of any kind whatsoever are
prohibited; and
7 All literature shall bear the name and address of the
distributing organization
#181-95 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 Monday, April 24, 1995 at 7 00
p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items
(1) Petition 94-12-1-25, submitted by the City Planning
Commission, pursuant to Council Resolution 718-94, for a
change of zoning of property located between Inkster Road
and Goff Street, south of Seven Mile Road in the Northeast
1/4 of Section 12 from R-1A and C-1 to NP, the City Planning
Commission in its resolution 2-28-95 having recommended to
the City Council that Petition 94-12-1-25 be approved; and
(2) Petition 94-12-6-7, submitted by the City Planning
Commission on its own motion to determine whether to amend
the C-2 district of Zoning Ordinance No 543 to make
second-hand stores and rummage shops waiver uses, the City
Planning Commission in its resolution 2-36-95 having
recommended to the City Council that Petition 94-12-6-7 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 change of zoning as set forth above,
first to be published in the official newspaper of the City or a
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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
A roll call vote was taken on the foregoing resolutions with the following
result
AYES Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and
Taylor
NAYS None
On a motion by Kavanagh, seconded by McGee, and unanimously
adopted, it was
#182-95 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March
20, 1995, submitted pursuant to Council Resolution 621-94, and
having also considered the report and recommendation of the
Director of Public Works, dated March 2, 1995, which bears the
signature of the Finance Director and is approved for submission
by the Mayor, the Council does hereby accept the bid of Norstar
Construction, Inc , 3750 Collins Road, Oakland, Michigan 48363,
for completing all work required in connection with the Public
Service Division Office Renovation Project for the sum of
$461, 000 00, the same having been in fact the lowest bid received
and meets all specifications; and the Director of Public Works 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; FURTHER, the Council does hereby authorize the
Director of Public Works to retain Robert K Seymour, 9210
Pontiac Trail, South Lyon, Michigan 48178, at the rate of $40 00
per hour, not to exceed $6, 000 00, for architectural services;
FURTHER, the Council does hereby appropriate and authorize the
amount of $516, 500 00 as follows
Norstar Construction, Inc $461, 000 00
Architectural services by
Robert Seymour 6,000 00
Allied Phone cabling
Awnings 3,500 00
Consumers Power gas service 8, 000 00
installation 5,000 00
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Building material reimbursement to
Road Maintenance Section budget 15, 000 00
Interior furnishings 18, 000. 00
Total $516,500 00
from the following accounts
Water and Sewer $5 Million Bond Issue $300, 000 00
Refuse Fund Unexpended Fund Balance 160, 000 00
Capital Projects Fund (Fund 401) 56, 500 00
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AUTHORIZING TRANSFER OF CABLE TELEVISION
FRANCHISE FROM METROVISION OF LIVONIA, INC TO TIME
WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP
AND AUTHORIZING THE EXECUTION OF ANY AND ALL DOCUMENTS
RELATING THERETO
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
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 Feenstra, McGee, Kavanagh, Brosnan, Toy, Jurcisin, and
Taylor
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 SECTION 060 OF TITLE 3,
CHAPTER 16 (PLYMOUTH ROAD DEVELOPMENT AUTHORITY)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
28733
AYES Feenstra, McGee, Kavanagh, Brosnan, Jurcisin, 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 Kavanagh, and unanimously
adopted, it was
#183-95 RESOLVED, that having considered a communication from
the Director of Public Works, dated March 2, 1995, which bears
the signature of the Finance Director and is approved for
submission by the Mayor, with regard to bids received for the
City Hall Annex wall repair and rehabilitation as set forth in a
list and tabulation attached to the aforesaid communication, the
Council does hereby determine to accept the amended bid of
Qualified Construction Corp , 27764 Franklin Road, Southfield,
Michigan 48034, in the amount of $88,500 00 for completing all
work required in connection with this project, the same having
been in fact the lowest bid received for this work which meets
all specifications; and the Director of Public Works is hereby
authorized to approve all minor adjustments in the work as
ISO completed; FURTHER, 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; FURTHER, the Council does hereby authorize the
Director of Public Works to retain the firm of Testing Engineers
& Consultants, Inc , 1333 Rochester Road, P 0 Box 249, Troy,
Michigan 48099, to provide quality control services on an hourly
basis, in an amount not to exceed $3, 000 00; FURTHER, the Council
does hereby appropriate and authorize the sum of $97, 000 00
($88,500 00 for Qualified Construction Corp , $5,500 00 for
window glazing and $3,000 00 to Testing Engineers & Consultants,
Inc ) from the Capital Projects Fund for this purpose
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#184-95 RESOLVED, that the Council does hereby refer the
subject of the bid process and the procedure to be followed when
there is a mistake in the bid to the Finance and Insurance
Committee for its report and recommendation
On a motion by Jurcisin, seconded by Feenstra, it was
#185-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 3, 1995, which
bears the signatures of the Finance Director and the Mayor
Pro Tem, regarding an increase in costs for the traffic signal
28734
modernization at the intersection of Seven Mile and Newburgh
Roads, which work was previously authorized in Council Resolution
379-94, adopted on May 25, 1994, the Council does hereby
appropriate and authorize the expenditure of an additional sum of
$5,353 89 from the Michigan Transportation Fund (Major Road
Account) to cover the increased cost of this improvement
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra, McGee, Jurcisin, and Taylor
NAYS Kavanagh, Brosnan, and Toy
The President declared the resolution adopted
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#186-95 RESOLVED, that having considered a communication from
the City Engineer, dated March 2, 1995, approved for submission
by the Mayor, to which are attached lists of sidewalks requiring
installation, repair and/or replacement within miscellaneous
locations throughout the City of Livonia, said lists being
included herein by reference, and for the reasons stated, the
Council does hereby require the respective owners of lots and
premises referred to in said lists to install, repair, or to
remove and replace sidewalk at such premises, and the City Clerk
is hereby requested to do all things necessary to carry out the
provisions of this resolution which is made pursuant to Title 12,
Chapter 04, Section 340 of the Livonia Code of Ordinances, as
amended; FURTHER, said notice shall set forth that the respective
owners of lots and premises herein referred to shall complete
said sidewalk work no later than June 1, 1995, after which date
the Engineering Department shall arrange for the construction
and/or reconstruction of the said sidewalks; FURTHER, the Council
does hereby authorize the construction and/or reconstruction of
various sections of sidewalks and crosswalks at several locations
within the City, inasmuch as the same are the City's responsi-
bility; and FURTHER, the Engineering Department is hereby
authorized to finalize plans and specifications and arrange for
the taking of bids for the 1995 Sidewalk Program, which program
will include all required work which has not been completed by
private property owners by June 1, 1995
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#187-95 RESOLVED, that having considered a communication from
the City Engineer, dated March 2, 1995, approved for submission
by the Mayor, with respect to the proposed 1995 Sidewalk Repair
Program, the Council does hereby request that the Engineering
28735
Department submit its report and recommendation with respect to a
proposed comprehensive Annual Sidewalk Inspection Program;
FURTHER, the Council does hereby refer this subject to the
Finance and Insurance Committee for its report and
recommendation
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
#188-95 RESOLVED, that the Council does hereby refer the matter
of recommended improvements set forth in the Goodell-Grivas, Inc
report and an update of improvements completed to the Engineering
Department for its report and recommendation
On a motion by McGee, seconded by Brosnan, and unanimously
adopted, it was
#189-95 RESOLVED, that having considered a communication from
the City Engineer, dated March 6, 1995, which bears the signature
of the Finance Director, is approved by the Director of Community
Resources and approved for submission by the Mayor Pro Tem, with
regard to bids received for building restoration at the Greenmead
Farm Complex as set forth in a list and tabulation in the
Ihw aforesaid communication, the Council does hereby determine to
accept the amended bid of Unicorn Developers & Engineering, 15500
Nineteen Mile, Suite 310, Clinton Township, Michigan 48038, in
the amount of $165,297 41 to complete all work required in
connection with this project, 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
an additional sum of $10, 700 00 from Post Office Account 702
285-135 and $13, 189 41 from the Historical Commission's Trust
Fund 723-000-976-000 for this purpose; and the City Engineer is
hereby authorized to approve all minor adjustments in the work as
completed; 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 Toy, it was
#190-95 RESOLVED, that having considered a communication from
the City Engineer, dated March 6, 1995, which bears the signature
of the Finance Director, is approved by the Director of Community
Resources and approved for submission by the Mayor Pro Tem, with
regard to bids received for building restoration at the Greenmead
Farm Complex, construction documents having been prepared by Jon
Greenberg & Associates Inc , pursuant to Council Resolution
213-94, adopted on March 23, 1994, the Council does hereby refer
the subject of the qualifications of the architect for this
project to the Engineering Department for its report and
recommendation
28736
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra, Kavanagh, Toy, and Taylor
NAYS McGee, Brosnan, and Jurcisin
The President declared the resolution adopted
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#191-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 6, 1995, which
transmits its resolution 2-30-95, adopted on February 28, 1995,
with regard to Petition 95-1-2-4, submitted by Krishan C
Janveja, Kmart Corporation, requesting waiver use approval to
construct a new enclosed garden shop area and to expand the
existing outdoor garden shop area for the Kmart store located on
the south side of Plymouth Road between Middlebelt Road and
Milburn Avenue in the Northeast 1/4 of Section 35, which property
is zoned C-2, the Council does hereby concur in the recommenda-
tion made by the City Planning Commission and Petition 95-1-2-4
is hereby approved and granted, subject to the following
conditions
1) That the Site Plan marked Sheet C-1 dated 11-2-94 prepared
by J R Hill, P E which is hereby approved shall be adhered
to;
2) That the Building Elevation Plan marked Sheet A-5 dated
12-12-94 prepared by B W Glasser, Architect (not including
proposed signage) which is hereby approved shall be adhered
to;
3) That Kmart shall secure approval from the Wonderland Mall to
make the adjustments in the landscape islands;
4) That at no time shall Kmart stack any materials above the
height of the walls so they may be seen by the public; and
5) That decorative concrete columns and vertical wrought iron
fencing shall be used to enclose the garden area (in lieu of
chain link fencing)
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was
Lig #192-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 6, 1995, which
transmits its resolution 2-32-95, adopted on February 28, 1995,
with regard to Petition 95-1-2-6, submitted by John DelSignore,
28737
requesting waiver use approval to expand the utilization of an
existing Class C liquor license in connection with a proposed
expansion of an existing banquet hall (Laurel Manor) located east
of Eckles Road between Schoolcraft Road and the 1-96 Expressway
in the Southwest 1/4 of Section 19, which property is zoned C-2
and P, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 95-1-2-6 is hereby
approved and granted, subject to the following conditions
1) That the Site Plan marked Sheet A-1 dated 1-30-95 (file
date) prepared by DiComo Associates, Inc , Architects, which
is hereby approved shall be adhered to;
2) That the Building Elevation Plan marked Sheet A-3 dated
1-30-95 (file date) prepared by DiComo Associates, Inc ,
Architects, which is hereby approved shall be adhered to;
and
3) That the roof-top mechanical units and trash dumpsters shown
on the Site Plan shall be screened from public view as
required by Section 19 06 of Zoning Ordinance No 543 within
two years of the date of this resolution
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
ism #193-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 6, 1995, which
transmits its resolution 2-33-95, adopted on February 28, 1995,
with regard to Petition 95-2-2-7, submitted by Lone Star
Steakhouse & Saloon of Michigan, Inc requesting waiver use
approval to construct a full-service restaurant to be located on
the west side of Victor Parkway between Seven Mile Road and Eight
Mile Road 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 95-2-2-7 is
hereby approved and granted, subject to the following conditions
1) That the Site Plan marked Sheet SA-1 dated 2-23-95, as
revised, prepared by Winter Stucky Architects, which is
hereby approved shall be adhered to;
2) That the Building Elevation Plans marked Sheet A-3 and A-4
dated 2-23-95, as revised, prepared by Winter Stucky
Architects, which are hereby approved shall be adhered to,
and the channel neon tubing on the wooden portion of the
gable at the north, south, and west elevations of the
building (rather than completely around the building) is
approved subject to the approval of the Zoning Board of
Appeals;
3) That the Landscape Plan marked Sheet L-1 dated 2-24-95,
prepared by Winter Stucky Architects, which shall include a
complete underground sprinkler system, is hereby approved
28738
and shall be installed prior to the issuance of a
Certificate of Occupancy and thereafter permanently
maintained in a healthy condition;
4) That there shall be no ground (monument) sign permitted on
the subject site;
5) That the maximum number of customer seats, including patio
seating, shall not exceed 296, contingent upon an agreement
being supplied to the City regarding an additional 17
parking spaces to be provided; and
6) That the off-street parking spaces shall be double-striped
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#194-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 6, 1995, which
transmits its resolution 2-34-95, adopted on February 28, 1995,
with regard to Petition 95-2-2-8, submitted by Lone Star
Steakhouse & Saloon of Michigan, Inc , requesting waiver use
approval to utilize a Class C liquor license in connection with a
proposed restaurant to be located on the west side of Victor
lim Parkway between Seven Mile Road and Eight Mile Road 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 95-2-2-8 is hereby approved and
granted; FURTHER, the Council does hereby waive the 1, 000 foot
separation requirement as set forth in Section 11 03 (h) of Zoning
Ordinance 543, as amended
At the direction of the Chair, Item 31 re placing a special
assessment upon property located at 27500 Grand River relative to removal
of debris was removed from the Agenda and is to be placed on the next
Regular Meeting scheduled for April 5, 1995
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#195-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 22, 1995, which
transmits its resolution 3-45-95, adopted on March 21, 1995, with
regard to Petition 95-3-2-12, submitted by the Livonia Rotary
Club, requesting waiver use approval to hold a carnival from
April 3, 1995 to April 16, 1995 in the parking lot of the
shopping center located on the north side of Plymouth Road
between Haller and Middlebelt Roads in the Southwest 1/4 of
Section 25, which property is zoned C-2, the Council does hereby
28739
concur in the recommendation made by the City Planning Commission
and Petition 95-3-2-12 is hereby approved and granted, subject to
the following condition
That all truck parking, temporary housing units and all
other related transportation equipment and apparatus
relating to the operation of the carnival shall be parked or
stored to the north or rear of the shopping center building
but no closer to the east property line than 100 feet
No one from the audience wished to speak at this time
Councilmember Kavanagh proudly announced daughter Kayleigh's
upcoming 3rd birthday on Saturday
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, this 1, 293rd Regular Meeting of the Council of the City of Livonia
was adjourned at 8 48 p m , March 22, 1995
lbw --z-emMcCotter, City Clerk