HomeMy WebLinkAboutCOUNCIL MINUTES 1994-03-09 28126
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SIXTY-EIGHTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On March 9, 1994, t above meeting was held at the City Hall,
33000 Civic Center Drive, Liv,nia, Michigan, and was called to order by the
President of the Council at 8 08 p m Councilmember McGee delivered the
invocation
Roll was called with the following result Michael P McGee,
Sean P Kavanagh, Ron Ochala, . aura M Toy, Dale A Jurcisin, Fernon P
Feenstra, and Gerald Taylor Absent None
Elected and appointed officials present Robert D Bennett,
Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Harry
Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A Szymula,
Director of Legislative Affairs; James Andres, Chief Accountant; John
Fegan, Director of Inspection; Joseph Mysliwiec, Court Administrator; and
Dorothy Wilshaw, Arts Commission
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#147-94 RESOLVED, that the minutes of the 1,267th Regular
Meeting of the Council of the City of Livonia, held February 23,
1994, are hereby approved as submitted
During the audience communication portion, Lawrence Prieur, 19261
Newburgh, Livonia 48152, requested prior notification on actions pertaining
to specific neighborhoods
A communication from the Department of Finance, dated February
23, 1994, re various financial statements of the City of Livonia for the
month ending November 30, 1993, was received and placed on file for the
las
information of the Council
A communication from the Department of Law, dated February 18,
1994, re Class Action Lawsuit seeking reimbursement for court operational
4
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expenses (Grand Traverse County, et al v State of Michigan, et al) was
received and placed on file for the information of the Council (CR
895-89)
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#148-94 WHEREAS, the State of Michigan has been obligated since
1988 to provide full state funding for the trial court operations
through MCL 600 9947 (1) ;
WHEREAS, the State Michigan has amended MCL 600 9947 (1)
through 1993 PA 189 so that the statute now obligates the State
to annually finance 31 5% of the trial court expenses funded
offset by 31 5% of the certain state payments received by the
trial courts and 31 5% of certain revenue generated by the trial
courts and retained by the funding unit;
WHEREAS, the City of Livonia has joined 80 Michigan counties and
a majority of the other local units of government which presently
fund the trial courts in a lawsuit to compel the State to fulfill
its obligations under MCL 600 9947 (1) as well as to find a
permanent statewide funding solution for the trial courts;
WHEREAS, the Michigan Court of Appeals has held that this statute
imposes a binding financial commitment on the State of Michigan,
obligates the State of Michigan to appropriate the amounts
specified in this statute directly to the trial courts, and that
local units of government have no damage remedy if they fund the
state's portion of trial court operational costs even in the
absence of the state's failure to follow MCL 600 9947 (1) ;
NOW, THEREFORE, BE IT RESOLVED, that the chief fiscal officer of
the City of Livonia is hereby directed to calculate the funding
to be provided to the district court under MCL 600 9947 (1) as
amended, and to reduce current local appropriations to the
district court in that amount;
BE IT FURTHER RESOLVED, that the City of Livonia remains
committed to finding a permanent state-wide solution to the
inequities and insufficiencies of the current system of trial
court financing and that neither the terms of this resolution nor
its continued financing of a part of trial court operations
should be viewed as a voluntary payment nor as a waiver of any of
its constitutional claims that the State is obligated to fully
finance the trial courts;
BE IT FURTHER RESOLVED, that the Livonia City Clerk is instructed
to forward a copy of this resolution to Governor Engler, its
representative contingent in the State Legislature, the State
Court Administrator, and legal counsel for the trial court
funding class '
(REVISED PAGE - SEE REC & FILE)
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At the direction of the Chair, Item 3 was removed from the
Consent portion of the Agenda
On a motion by Feenstra, seconded by Toy, it was
#149-94 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated February 10, 1994, which
bears the signature of the Finance Department and is approved for
submission by the Mayor, the Council does hereby authorize an
extension for a one-year period commencing January 1, 1994 of the
contract previously authorized in Council Resolution 507-93
between the City of Livonia and Apollo Fire Equipment Company,
12584 Lakeshore Drive, Romeo, Michigan 48065, for supplying the
Fire Division with 18 bunker pants and 18 fire coats, for a total
cost of $13,284 00; FURTHER, the Council does hereby authorize
the action herein without competitive bidding in accordance with
Section 3 04 140D5 of the Livonia Code of Ordinances, as amended
A communication from the Office of the Mayor, dated February 7,
1994, re monitoring and/or possible redevelopment through P A 120
(Redevelopment of Shopping Areas) of the Werton Plaza Shopping Center
located on the south side of Eight Mile Road between Angling Avenue and
Grand River Avenue was received and placed on file for the information of
the Council (CR 833-93 and CR 834-93)
#150-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
10, 1994, approved by the Department of Finance and approved for
submission by the Mayor, the Council does hereby accept the bid
of National Block Co , 39000 Ford Road, Westland, Michigan 48185,
for supplying the Public Service Division (Road Maintenance
Section) with air entrained cement at the unit price bid through
March 31, 1995, for a total estimated cost of $7, 125 00, the same
having been in fact the lowest bid received and meets all
specifications; FURTHER, in the event the aforesaid low bidder is
unable to furnish the material, the Council does hereby accept
the second low bid which also meets specifications of Capital
Building Supply Co , 14295 Schaefer, Detroit, Michigan 48227, as
an alternate to supply the Public Service Division (Road
Maintenance Section) with air entrained cement at the unit price
bid through March 31, 1995, in a total estimated amount of
$7,200 00
#151-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
14, 1994, approved by the Department of Finance, and approved for
submission by the Mayor, the Council does hereby accept the unit
price bid of Margolis Nursery, Inc , 9600 Cherry Hill Road,
Ypsilanti, Michigan 48198, for completing all work required in
connection with the City' s 1994 Street Tree Planting Program for
the estimated total cost of $16, 980 00, based upon the
(REVISED PAGE-SEE CR151-94)
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Public Service Division' s estimate of units involved, and subject
to a final payment based upon the actual units completed in
accordance with the unit prices accepted herein, said estimated
cost and unit prices having been in fact the lowest bid received
for this item; 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
#152-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
15, 1994, approved by the Department of Finance, and approved for
submission by the Mayor, the Council does hereby accept the
following low bids which meet specifications for supplying the
Public Service Division (Road Maintenance Section) with materials
specified at the unit prices bid per ton through March 31, 1995
(1) Suburban Transport, Inc , 54630 Pontiac Trail, Milford,
Michigan 48381
MDOT - 21A - D T Y $5 00 per ton
MDOT - 21A - S O R 5 00 per ton
MDOT - 9A - D T Y 7 65 per ton
MDOT - 9A - S O R 7 65 per ton
M D O T - 25A - D T Y (Stone) 9 25 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
(2) Hayball Transport, Inc , 12550 Farmington Road, Livonia,
Michigan 48150
MDOT - 22A - D T Y $4 91 per ton
MDOT - 22A - S O R 4 91 per ton
W CRC - 3A - D T Y 9 51 per ton
M D O T - 25A - D T Y (Slag) 9 46 per ton
W CRC - 3X - D T Y 7 71 per ton
W CRC - 22X - D T Y 5 24 per ton
W CRC - 30A - D T Y 6 82 per ton
W CRC - Porous Backfill -
GradeA - D T Y 3 26 per ton
W CRC - Porous Backfill -
GradeB - D T Y 5 21 per ton
M D 0 T - 21AA - Limestone 6 23 per ton
(3) Osburn Industries, Inc , 5850 Pardee, Taylor, Michigan 48180
MDOT - 31A - D T Y 8 02 per ton
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#153-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
11, 1994, approved by the Department of Finance and approved for
submission by the Mayor, the Council does hereby accept the low
bid which meets specifications of 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 through March 31, 1995, and for
an estimated total amount of $58,440 00; 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 National Ready-Mix, Inc , 39000 Ford Road,
Westland, Michigan 48185, for supplying the Public Service
Division (Road Maintenance Section) with readymix concrete at the
unit prices bid through March 31, 1995, and for an estimated
total amount of $58,580 00
#154-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
16, 1994, approved by the Finance Department and approved for
submission by the Mayor, the Council does hereby accept the bid
of Bedzyk Bros , Inc , 31523 W Eight Mile Road, Livonia,
Michigan 48152, for completing all work required in connection
with the replacing of the exterior doors at the Eddie Edgar and
Devon-Aire arenas for the sum of $33, 750 00, as well as for
completing the work required under the supplemental bid for an
additional cost of $9,250 00, and an overall total cost in the
amount of $43,000 00; FURTHER, the Council does hereby determine
the aforesaid bid to be a better bid than the bid submitted by
Detroit Door & Hardware for the reasons indicated in the
aforesaid communication, and the action taken herein being made
in accordance with Section 3 04 140E of the Livonia Code of
Ordinances, as amended; FURTHER, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$43, 000 00 from the Capital Projects Fund for this purpose; 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
#155-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
17, 1994, approved by the Finance Department and approved for
submission by the Mayor, wherein a request is submitted for an
additional appropriation for snow removal supplies (rock salt) ,
the Council does hereby authorize the transfer of the sum of
$50, 000 00 from Account No 101-906-964-010 to Account No
101-463-784-000 for this purpose
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#156-94 RESOLVED, that having considered a communication from
the Department of Law, dated February 18, 1994, approved by the
City Engineer and the Finance Department and approved for
lbw submission by the Mayor, the Council does hereby authorize the
Department of Law to acquire the right-of-way at 12360 Merriman
Road, owned by Frank J and Theresa L Kowal, described as
follows
That part of the Southwest 1/4 of Section 26, T 1 S , R 9
E , City of Livonia, Wayne County, Michigan, described as
beginning at a point distant South 00° 45' 20" West, 341 25
feet and South 88° 57' 40" East, 60 feet from the West 1/4
corner of Section 26; and proceeding thence South 88° 57'
40" East, 60 feet; thence South 07° 48' 24" West, 195 51
feet; thence North 88° 57' 40" West, 36 feet; thence North
00° 45' 20" East, 194 15 feet to the point of beginning
Portion of Wayne County Bureau of Taxation Property Number
103-99-0003-000 (12360 Merriman Road)
subject to the following conditions
(1) that the purchase price shall be in the sum of $70, 000;
(2) that the City of Livonia shall pay for the cost of title
work in the sum of $1, 000; and
(3) that the City's portion of the prorated City, County, County
Drain, School and Community College taxes shall be in a sum
not to exceed $750
BE IT FURTHER RESOLVED, that a sum not to exceed $71, 750 is
hereby authorized to be expended from the Michigan Transportation
Fund (Major Road Account) , for the acquisition of said 12360
Merriman Road right-of-way; and the City Clerk is hereby
requested to do all things necessary or incidental to the full
performance of this resolution
#157-94 RESOLVED, that having considered a communication from
the Department of Law, dated February 7, 1994, approved by the
Housing Director, Planning Director and the Finance Department,
and approved for submission by the Mayor, the Council does hereby
authorize the Department of Law to acquire a single-family home
from United Homes, Inc located at 11812 Haller, Livonia,
Michigan 48150, as shown on the attached map, and more
particularly described as follows
Part of the SW 1/4 of Section 25, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan, described as beginning at a
point distant S 87° 13' E 1327 93 ft thence N 02° 47' E
962 0 ft , thence S 77° 54' 10" W 155 76 ft from the SW
corner of Section 25; thence N 87° 13' W 267 04 ft thence
S 02° 54' 30" W 71 0 ft thence N 77° 54' 09" E 276 47
ft to the point of beginning
21 ac (11812 Haller)
28132
for the sum of $89, 000 00, subject to the seller providing title
ibm insurance
BE IT FURTHER RESOLVED, that a sum not to exceed $89, 000 00, plus
$2, 000 00 for prorated city, county and school taxes, is hereby
authorized to be expended from the Community Development Block
Grant Fund, pursuant to Council Resolution 988-93, for the
acquisition of the said property; and the City Clerk is hereby
requested to do all things necessary or incidental to the full
performance of this resolution
A communication from the Department of Law, dated February 18,
1994, re the disposition of excess funds from special assessment projects
was received and placed on file for the information of the Council (CR
763-93)
#158-94 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public
Works, dated February 9, 1994, which bears the signature of the
Finance Department and is approved for submission by the Mayor,
the Council does hereby accept the unit price bid of JFD
Contracting, Inc , 5430 Twenty-Three Mile Road, Shelby Township,
Michigan 48316, for completing all work in connection with the
City Hall Plaza Renovation for an estimated total cost of
$18,725 00, based upon the Engineering Department's estimate of
units involved and subject to a final payment based upon the
actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been
in fact the lowest bid received for this item; FURTHER, the
Council does hereby appropriate the sum of $18, 725 00 for the
City Hall Plaza Renovation from Capital Projects Fund No 401 and
appropriate an additional sum in an amount not to exceed
$1,500 00 for the relocation of two flagpoles from Capital
Projects Fund No 401; 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
#159-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 14, 1994,
with regard to the preparation and submission of an application
pursuant to the Intermodal Surface Transportation Efficiency Act
of 1991 for 75% federal funding for $85, 920 00 in construction
costs for Newburgh Road sidewalks (Joy Road to Schoolcraft Road) ,
the Council does hereby take this means to indicate as follows
1) The Council does hereby support the placement of all missing
sidewalk on both sides of Newburgh Road from Joy Road to Ann
Arbor Road, as well as on the west side of Newburgh Road
from Plymouth Road to Schoolcraft Road; and
28133
2) To authorize the City Engineer to act as the City of
Livonia's representative in making application to the
Transportation Enhancement Fund
#160-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 22, 1994, which
transmits its resolution 2-35-94, adopted on February 8, 1994,
with regard to Petition 93-11-2-27, submitted by DeMattia &
Associates, requesting waiver use approval to construct a
fellowship hall addition to an existing church located on the
south side of Five Mile Road between Country Club Drive and Yale
Avenue in the Northeast 1/4 of Section 20, which property is
zoned R-2, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 93-11-2-27 is
hereby approved and granted, such approval to be based upon the
following conditions
1) That the Site Plan marked Sheet C-1 dated 2-3-94, as
revised, prepared by DeMattia & Associates which is hereby
approved shall be adhered to;
2) That the Building Elevations marked Sheet A-3 dated 11-8-93
prepared by DeMattia & Associates, Architects, which is
hereby approved shall be adhered to; and
3) That the Landscape Plan marked Sheet L-1 dated 2-3-94, as
revised, prepared by DeMattia & Associates, Architects, is
hereby approved and the landscape materials shall be
installed prior to the issuance of a Certificate of
Occupancy and shall thereafter be permanently maintained in
a healthy condition
#161-94 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 18, 1994, at 7 00
p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item
Petition 93-10-6-6, submitted by the City Planning
Commission, pursuant to Council Resolution 727-93, to
determine whether to amend Article XXI of the Zoning
Ordinance so as to reduce the membership of the Zoning
Board of Appeals from seven members to six members plus
an additional alternate member, with all seven members
serving on a rotating basis, the City Planning
Commission in its resolution 2-26-94 having recommended
to the City Council that Petition 93-10-6-6 be denied;
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FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendment to the Zoning Ordinance, and/or
(b) location of the proposed change of zoning as set forth
above, first to be published in the official newspaper of
the City or a newspaper of general circulation in the City
of Livonia as well as to, not less than fifteen (15) days
prior to said public hearing, cause to have notice to be
given by certified mail to each public utility company and
to each railroad company owning or operating any public
utility or railroad within the districts or zones affected;
and FURTHER, the City Clerk is requested to do all other things
necessary or incidental to the full performance of this
resolution
A roll call vote was taken on the foregoing resolutions with the following
result
AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and
Taylor
NAYS None
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#162-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February 9,
1994, approved by the Department of Finance and approved for
submission by the Mayor, the Council does hereby accept the
following low bids which meet specifications for supplying the
Public Service Division (Golf Courses and Park Sections) with the
fertilizers specified at the unit prices bid 1
(1) Turfgrass, Inc , P 0 Box T, South Lyon, Michigan 48178
Material to be Furnished Unit Price Bid
16-8-12 analysis fertilizer $1, 537 00 per ton
18-6-12 analysis fertilizer 1,400 00 per ton
21-5-15 analysis fertilizer 1,100 00 per ton
18-5-9 analysis fertilizer 420 00 per ton
17-3-21 analysis fertilizer 554 00 per ton
(2) Turf Chemicals, Inc , P 0 Box 451, Owosso, Michigan 48867
Material to be Furnished Unit Price Bid
13-0-44 analysis fertilizer $ 496 00 per ton
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(3) Benham Chemical Corporation, 24800 N Industrial Drive,
Farmington Hills, Michigan 48335
Material to be Furnished Unit Price Bid
Milorganite $ 216 00 per ton
FURTHER, in the event the aforesaid low bidders are unable to
furnish the materials, the Council does hereby accept the
following second low bids, which also meet specifications, as
alternates for supplying the Public Service Division (Golf
Courses and Park Sections) with the fertilizers specified at the
unit prices shown
(1) Benham Chemical Corporation, 24800 N Industrial Drive,
Farmington Hills, Michigan 48335
Material to be Furnished Unit Price Bid
13-0-44 analysis fertilizer $ 515 00 per ton
16-8-12 analysis fertilizer 1, 549 60 per ton
18-5-9 analysis fertilizer 421 30 per ton
(2) Turfgrass, Inc , P 0 Box T, South Lyon, Michigan 48178
Material to be Furnished Unit Price Bid
Milorganite $ 280 00 per ton
(3) Turf Chemicals, Inc , P 0 Box 451, Owosso, Michigan 48867
Material to be Furnished Unit Price Bid
Milorganite $ 280 00 per ton
Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 060 OF TITLE 10,
CHAPTER 24 (ACCIDENTS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and
Taylor
NAYS None
lim The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
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On a motion by Feenstra, seconded by Kavanagh, it was
#163-94 RESOLVED, that having considered communications from
the Department of Law dated February 2, 1994 and February 11,
1994, to which are attached copies of letters from Mr Norman
Hyman of the law firm of Honigman Miller Schwartz and Cohn, dated
January 31, 1994 and February 10, 1994, and which submit a
proposed Stipulation and Consent Judgment in the case of Dominic
Soave and Michael Soave v City of Livonia, Wayne County Circuit
Court Case No 93-308252-CE, the Council does hereby authorize
the City Attorney, for and on behalf of the City of Livonia, to
execute the said Stipulation and Consent Judgment on the basis of
the revised legal descriptions, marked Exhibit A, the site plan,
marked Exhibit B (as approved by the Planning Department) , and
the building elevations shown on Exhibit C; FURTHER, that the
Consent Judgment shall provide that the subject property shall
not be subject to rezoning any sooner than four (4) years from
the date of entry of the same
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh, Ochala, Jurcisin, Feenstra, and Taylor
NAYS McGee and Toy
The President declared the resolution adopted
The President called for a recess at 8 29 p m
The meeting reconvened at 8 35 p m
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was
#164-94 RESOLVED, that having considered a communication from
Mr William T Helm, 27500 Franklin Road, Apt #300, Southfield,
Michigan 48034, wherein permission is requested to do business in
Livonia by painting address numbers on curbs upon authorization
by homeowners, as well as a communication from the Deputy City
Clerk, dated March 1, 1994, the Council does hereby approve this
request, subject to the issuance of a Transient Merchant's
license and a Handbill Distributor's license by the City Clerk,
and subject to the approval of the Engineering Department and the
Inspection Department
On a motion by Jurcisin, seconded by Kavanagh, it was
#165-94 RESOLVED, that having considered a communication from
the City Assessor, dated January 31, 1994, approved for
submission by the Mayor, with regard to a request from Mr
Patrick J McDonald, 17940 Farmington, Suite 210, Livonia,
281 37
Michigan 48152, in behalf of Mr Michael D Stewart, 19205
Merriman Court, 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 46-007-99-0030-
000 into two parcels, the legal descriptions of which shall read
as follows
Parcel "A"
Part of the S W 1/4 of Section 2, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan, described as Beginning on the
West line of Merriman Court, 60 ft wide, at a point distant, N
89°59' 55" E 442 50 ft along the South line of Section 2 and N
0°18' 55" E 340 00 ft along the center line of said Merriman
Court, and S 89°59'55" W 30 00 ft from the S W corner of said
Section 2; thence S 89°59' 55" W 89 50 ft ; thence N 0°18'55"
E 76 00 ft ; thence N 89°59'55" E 82 50 ft ; thence along the
West line of said Merriman Court, S 0°18' 55" W 76 00 ft to the
point of beginning, containing 6269 91 sq ft or 0 143937 acres
of land Subject to easements of record, if any
Parcel "B"
Part of the S W 1/4 of Section 2, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan, described as Beginning on the
West line of Merriman Court, 60 ft wide, at a point distant, N
89°59' 55" E 442 50 ft along the South line of Section 2 and N
0°18' 55" E 416 00 ft along the center line of said Merriman
Court, and S 69°59' 55" W 30 00 ft from the S W corner of said
Section 2; thence S 89°59' 55" W 82 50 ft ; thence N 0°18'55"
E 84 00 ft ; thence N 89°59'55" E 82 50 ft ; thence along the
West line of said Merriman Court, S 0°18' 55" W 84 00 ft to the
point of beginning, containing 6929 89 sq ft or 0 159088 acres
of land Subject to easements of record, if any
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 McGee, Kavanagh, Ochala, Jurcisin, and Taylor
NAYS Toy and Feenstra
lir The President declared the resolution adopted
28138
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was
#166-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 16, 1994,
approved by the Finance Department and approved for submission by
the Mayor, the Council does hereby accept the unit price bid of
Core Concrete Construction, Inc , 31088 Grennada, Livonia, MI
48154, for completing the 1994 Sidewalk Program for the estimated
total cost of $216,436 75, based upon the Engineering
Department's estimate of units involved, and subject to a final
payment based upon the actual units completed in accordance with
the unit prices accepted herein, said estimated cost and unit
prices having been in fact the lowest bid received for this item;
FURTHER, the Council does hereby determine (1) to authorize an
advance in the amount of $155, 936 75 (S A D portion of program)
from the $12 Million General Obligation Road Improvement Bond
Issue with the provision that this bond issue be reimbursed from
that portion of the project which is to be financed by special
assessment at such time as funds are subsequently received from
the payment of bills and assessments by affected property owners,
and (2) to authorize an appropriation in the amount of $60,500 00
from the Michigan Transportation Fund ($42, 500 00 from the Local
Road Account and $18, 000 00 from the Major Road Account) to pay
for the City's portion of the contract; 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
#167-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 7, 1994,
which bears the signature of the Finance Department and is
approved for submission by the Mayor, the Council does hereby
authorize an advance in the amount of $27,864 67 (S A D portion
of program) from the $12 Million General Obligation Road
Improvement Bond Issue with the provision that this bond issue be
reimbursed at such time as funds are subsequently received from
the payment of bills and assessments by affected property owners
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was
#168-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 22, 1994, which
transmits its resolution 2-37-94, adopted on February 8, 1994,
28139
wherein it is recommended that the preliminary plat for the
Sunset Subdivision proposed to be located south of Eight Mile
Road between Merriman Road and Milburn Avenue in the Northwest
1/4 of Section 2 be approved, the Council does hereby approve
of the said preliminary plat subject to receipt of the report and
recommendation by the City Engineer relative to the development
plans and specifications for the improvement therein and the
financial assurances guaranteeing the satisfactory installation
of such improvements and subject to the developer providing a
Road Bond in the amount of $250, 000 00, of which $25, 000 00 shall
be in cash
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was
#169-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 22, 1994, which
transmits its resolution 2-33-94 with regard to Petition
93-11-3-5, submitted by Joseph P Durso/Dario Tomei requesting
the vacating of two drainage easements on property located on the
east side of Middlebelt Road between Pickford Avenue and Six Mile
Road in the Northwest 1/4 of Section 12, the Council does hereby
refer this item to the Committee of the Whole for its report and
recommendation
McGee made the following disclosure respecting a conflict of interest on
this matter
Mr President, regarding the next matter, as I have
previously disclosed my law firm represents this petitioner from
time to time, and, although we do not represent them in this
matter, I wish to announce the conflict and will abstain from any
consideration of this agenda item I refer to my prior
statements and my letter dated February 24, 1992, to the City
Clerk on this subject and would ask that these remarks be made
part of the official record of this meeting Thank you
McGee left the podium at 8 44 p m
On a motion by Jurcisin, seconded by Ochala, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated February 22, 1994, which
transmits its resolution 2-29-94, adopted on February 8, 1994,
with regard to Petition 93-12-2-30, submitted by F & M
Distributors, Inc , requesting waiver use approval for an SDM
license for an existing store located on the west side of
Middlebelt Road between Schoolcraft and Industrial Roads in the
Northeast 1/4 of Section 26, which property is zoned C-2, the
Council does hereby refer this item to the Committee of the Whole
for its report and recommendation
28140
On a motion by Feenstra, seconded by Toy, it was
RESOLVED, that the City Council does hereby determine,
in lieu of the foregoing resolution, to substitute a resolution
of denial
A roll call vote was taken on the motion to substitute as follows
AYES Toy and Feenstra
NAYS Kavanagh, Ochala, Jurcisin, and Taylor
The President declared the motion to substitute denied
A roll call vote was taken on the originally proposed resolution, as
follows
#170-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 22, 1994, which
transmits its resolution 2-29-94, adopted on February 8, 1994,
with regard to Petition 93-12-2-30, submitted by F & M
Distributors, Inc , requesting waiver use approval for an SDM
license for an existing store located on the west side of
Middlebelt Road between Schoolcraft and Industrial Roads in the
Northeast 1/4 of Section 26, which property is zoned C-2, the
Council does hereby refer this item to the Committee of the Whole
for its report and recommendation
with the following result
AYES Kavanagh, Ochala, Toy, Jurcisin, and Taylor
NAYS Feenstra
The President declared the resolution adopted
McGee returned to the podium at 8 58 p m
On a motion by Ochala, seconded by Jurcisin, it was
#171-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 12, 1994, which sets
forth its resolution 1-5-94, adopted on January 11, 1994, with
regard to Petition 93-12-1-19, submitted by Victor Corporate Park
Land Investment Partnership for a change of zoning on property
located on the north side of Seven Mile Road between Victor
Parkway and I-275 Expressway in the Southeast 1/4 of Section 6,
from PO, PO III and C-4 III to C-2, and the Council having
conducted a public hearing with regard to this matter on February
16, 1994, pursuant to Council Resolution 16-94, the Council does
hereby reject the recommendation of the Planning Commission and
Petition 93-12-1-19 is hereby approved and granted; and the City
Planner is hereby instructed to cause the necessary map for
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publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and,
upon receipt of such map, the Department of Law is requested to
prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Ochala, Toy, Jurcisin, Feenstra, and Taylor
NAYS Kavanagh
The President declared the resolution adopted
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was
#172-94 RESOLVED, that having considered a communication from
the Director of Community Resources, dated February 7, 1994,
approved by the Finance Department and approved for submission by
the Mayor, the Council does, for and on behalf of the City of
Livonia, accept the cash donations indicated from the parties
indicated in the aforesaid communication in a total amount of
IMm
$980 00, the same to be credited to and deposited in Account No
702-000-285-216 for use in the Senior Citizen Programs
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#173-94 RESOLVED, that having considered a communication from
the Council President, dated March 1, 1994, with regard to
Article XXI, Zoning Board of Appeals, Section 21 08, Limitations
on the Powers of the Zoning Board of Appeals and Section 21 09,
Appeal Procedure, (e) Determination of Appeal of the City of
Livonia, Zoning Ordinance No 543, as amended, the Council does
hereby refer this item to the Legislative Committee for its
report and recommendation
On a motion by Kavanagh, seconded by Ochala, and unanimously
adopted, it was
#174-94 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of an item that did not appear on the
agenda
On a motion by Kavanagh, seconded by Ochala, and unanimously
adopted, it was
28142
#175-94 RESOLVED, that having considered a communication from
L the City Planning Commission, dated March 9, 1994, which
transmits its resolution 3-54-94, adopted on March 8, 1994, with
regard to Petition 94-2-2-5, submitted by the Livonia Rotary Club
requesting waiver use approval to hold a carnival from March 31
through April 10, 1994, 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 concur in the
recommendation made by the City Planning Commission and Petition
94-2-2-5 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
During the audience communication portion at the end of the
meeting, Bill Moss, 19183 Augusta Drive, Livonia 48152, expressed his
concern that the residents' trust in elected Livonia officials was waning
On a motion by Ochala, seconded by Kavanagh, and unanimously
Ladopted, this 1,268th Regular Meeting of the Council of the City of Livonia
was adjourned at 10 00 p m , March 9, 1994
( LEAU Ii
•;n McCotter, City Clerk
L