HomeMy WebLinkAboutCOUNCIL MINUTES 1993-03-10 27508
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FORTY-FOURTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On March 10, 1993, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8:06 p.m Councilmember McGee delivered the
invocation.
Roll was called with the following result Michael P McGee,
Sean P Kavanagh, Ron Ochala, Laura 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; Joan McCotter,
City Clerk; Harry Tatigian, City Attorney; Karen A Szymula, Director of
Legislative Affairs; Robert Alanskas, Planning Commission; and James
thow Andres, Chief Accountant.
On a motion by Toy, seconded by Kavanagh, and unanimously*
adopted, it was
#148-93 RESOLVED, that the minutes of the 1,243rd Regular
Meeting of the Council of the City of Livonia, held February 24,
1993, are hereby approved as submitted.
*Councilmember Jurcisin abstained from voting which is recorded as a "yes"
vote under the provisions of Section 2.04 190B of the Livonia Code of
Ordinances.
No one in the audience wished to speak at the beginning of the
meeting.
A communication from the Department of Finance, dated February
23, 1993, re: various financial statements of the City of Livonia for the
ibro month ending January, 1993, was received and placed on file for the
information of the Council.
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Item 16 was removed from the Consent Agenda at the request of the
ims petitioner.
On a motion by Feenstra, seconded by Toy, it was:
#149-93 RESOLVED, that having considered a letter from the
Chairperson of the Kennedy Elementary School PTA, dated February
9, 1993, requesting permission to post signs in connection with
its Craft Show to be conducted on April 3, 1993, which signs are
approximately 12" x 16" in size and will be posted at the
following intersections:
Five Mile Road and Hubbard Road
Schoolcraft Road and Hubbard Road
Farmington Road and Lyndon
Merriman Road and Lyndon
Five Mile Road and Merriman Road
Merriman Road and Schoolcraft Road
Schoolcraft Road and Farmington Road
Farmington Road and Schoolcraft Road
as well as in front of the school at 14201 Hubbard, the Council
does hereby grant and approve this request for a one-week period
beginning March 28, 1993; provided, however, that the signs may
be posted on stakes but shall not be posted on utility poles
#150-93 RESOLVED, that the Council does hereby request that the
Inspection Department submit a report and recommendation with
regard to signs posted for the Laurel Manor Craft Show.
#151-93 RESOLVED, that having considered a letter from the
President of the Franklin High School Patriots Club, requesting
permission to post sixteen (16) 2' x 2' signs to advertise the
Spring Craft Show to be conducted on March 20, 1993, on the
corners of the following intersections:
Plymouth and Inkster, NW and SW
W. Chicago and Inkster, SW
Joy and Inkster, NW
Middlebelt and Plymouth, NW and SE
Middlebelt and W. Chicago, NW and SE
Middlebelt and Joy, NW
Merriman and Plymouth, SW and SE
Merriman and Joy, NW
Farmington and Joy, NE and SW
Farmington and W Chicago, SE and NW
the Council does hereby approve this request for the period March
6, 1993 through March 20, 1993; and the signs are to be removed
on March 20, 1993.
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#152-93 RESOLVED, that having considered a letter from the
im. Stevenson High School Safety Committee, dated February 13, 1993,
which submits a proposal to increase the street lighting along
Six Mile Road from Whitby west to Fairlane, the Council does
hereby request that the Engineering Department submit a report
and recommendation with regard to the spacing of the street
lights.
#153-93 RESOLVED, that having considered a letter from the
Stevenson High School Safety Committee, dated February 13, 1993,
which submits a proposal to increase the street lighting along
Six Mile Road from Whitby west to Fairlane, the Council does
hereby refer this item to the Streets, Roads and Plats Committee
and the Council/Schools Liaison Committee for their respective
reports and recommendations.
#154-93 RESOLVED, that having considered a letter from the
President of the Livonia Heart Fund, dated February 1, 1993, the
Council does hereby determine as follows:
(1) That the Livonia Heart Fund is a worthy non-profit charity
in the community;
(2) That the City of Livonia shall be one of the co-sponsors of
the 1993 Golf Day Benefit; and
(3) That the Livonia Heart Fund is hereby granted approval to
use the Whispering Willows, Fox Creek and Idyl Wyld
Municipal Golf Courses on Wednesday, August 25, 1993,
for the 16th annual Golf Outing;
FURTHER, the Council does hereby refer the request for a waiver
of fees to the Finance and Insurance Committee for its report and
recommendation
#155-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
17, 1993, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the unit
price bid of Capital Building Supply Co. , 14295 Schaefer,
Detroit, Michigan 48227, for supplying the Public Service
Division (Road Maintenance Section) with air entrained cement for
a total estimated cost of $6,285.00 for the period through March
31, 1994, 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 lowest unit price bid of National Block
Co. , 39000 Ford Road, Westland, Michigan 48185, as an alternate,
for a total estimated price of $6,750 00 for the period through
March 31, 1994.
#156-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
17, 1993, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the
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following low bids, which meet specifications, for supplying the
Public Service Division (Golf Courses and Park Sections) with
fertilizers at the unit prices bid:
(1) Benham Chemical Corporation, 24800 N. Industrial Drive,
Farmington Hills, Michigan 48335
Material to be Furnished Unit Price Bid
13-0-44 analysis fertilizer $ 495 00 per ton
21-5-15 analysis fertilizer 1,130.00 per ton
18-5-9 analysis fertilizer 423 40 per ton
(2) Terra International, Inc. , 413 List Street, Frankenmuth,
Michigan 48734
Material to be Furnished Unit Price Bid
16-8-12 analysis fertilizer $1,599 20 per ton
(3) Turfgrass, Inc. , P.O. Box T, South Lyon, Michigan 48178
Material to be Furnished Unit Price Bid
Milorganite $ 218.00 per ton
FURTHER, in the event the aforesaid low bidders are unable to
furnish the material, the Council does hereby accept the
following second lowest bids which also meet specifications as
alternates at the unit prices bid:
(1) Benham Chemical Corporation, 24800 N. Industrial Drive,
Farmington Hills, Michigan 48335
Material to be Furnished Unit Price Bid
16-8-12 analysis fertilizer $1,636.00 per ton
Milorganite 219.00 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 $ 516 00 per ton
(3) Turfgrass, Inc , P.O. Box T, South Lyon, Michigan 48178
Material to be Furnished Unit Price Bid
21-5-15 analysis fertilizer $1,140.00 per ton
18-5-9 analysis fertilizer 424 00 per ton
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#157-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
17, 1993, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the unit
price bid of National Ready-Mix, Inc , 39000 Ford Road, Westland,
Michigan 48185, for supplying the Public Service Division (Road
Maintenance Section) with ready-mix concrete for a total
estimated price of $56,460 00, for the period through March 31,
1994, 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 lowest bid meeting specifications of Plymouth
Concrete, Inc. , 600 Junction Street, Plymouth, Michigan 48170, as
an alternate, for an estimated total price of $63,500 00, for the
period through March 31, 1994
#158-93 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 1,
1993, approved for submission by the Mayor, with respect to a
request for bidding to purchase certain City-owned property
described as Lots 22, 23 and 24, which are located south of Seven
Mile Road between Middlebelt and Inkster Roads, from Paul C.
DePalma, dated January 19, 1993, the Council does hereby request,
in accordance with Council Resolution 300-88, that the Director
of Finance prepare specifications and obtain competitive bids for
this purpose, which competitive bids shall thereafter be
submitted to the Council for consideration.
#159-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 18, 1993,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, to which is attached a letter and
cost agreements from the Michigan Department of Transportation,
dated February 2, 1993, indicating the State's desire to improve
the operation of traffic signals at the intersections of Old M-14
(Plymouth Road) at Levan Road and Old M-14 (Ann Arbor Road) at
Newburgh Road in the City of Livonia, such modernization to be
completed using 100% Federal funding, the Council does hereby
agree to and approve of the City of Livonia participating in 50%
of the estimated yearly maintenance costs connected with the said
traffic signals at Plymouth and Levan and at Ann Arbor Road and
Newburgh, the total estimated amount for both signals being in
the amount of $2,208.00, with the City's estimated cost of
participation being in the amount of $1,104 00; FURTHER, the
Council does hereby appropriate and authorize the expenditure of
a sum not to exceed $1,104 00 from the Michigan Transportation
Fund (Major Road Account) for this purpose; and the Mayor and
City Clerk are hereby authorized, for and on behalf of the City
of Livonia, to execute the proposed cost agreement; and the City
Clerk is hereby requested to forward a certified copy of this
ibe resolution to the Michigan Department of Transportation; FURTHER,
the Council does hereby rescind and repeal Council Resolution
785-90, adopted on August 27, 1990.
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#160-93 RESOLVED, that having considered a communication
from the City Engineer dated February 19, 1993, approved for
submission by the Mayor, wherein it is recommended that Bonaparte
Avenue, Armstrong Avenue, George Street, Park Avenue and
Westfield Avenue, as originally platted in the Golden Ridge
Subdivision (Liber 57, Page 18, Wayne County Records), and Golden
Ridge Subdivision No 1 (Liber 62, Page 94, Wayne County
Records), be renamed to Joy Road, Hix Road, Lamont Street,
Stonehouse Avenue and Minton Avenue, respectively; the Council
does hereby concur in and approve of the aforesaid recommendation
and does hereby rename the said avenues, streets and roads; and
the Council requests that the Department of Public Works do all
things necessary to effectuate this resolution; FURTHER, the
Council does hereby request the City Clerk to forward a certified
copy of the same to the Michigan Auditor General and to further
have a certified copy of this resolution recorded in the Office
of the Wayne County Register of Deeds, together with a
certificate indicating the name or names of any other plat,
subdivision or addition affected by this resolution, as well as
do all other things necessary or incidental to the full
performance of this resolution.
#161-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 23, 1993,
approved for submission by the Mayor, the Council does hereby
authorize the release to ACO Development, Inc. , 815 Church
Street, Plymouth, Michigan 48170, the proprietor of the Cane
Woods Subdivision, located in the Southwest 1/4 of Section 4, of
the cash payment of $18,475 00 to insure the installation of
street lighting, deposited with the City in accordance with
Council Resolution 788-91; FURTHER, the financial assurances now
on deposit with the City for all other improvements shall remain
the same and unchanged, the action herein being taken for the
reasons indicated in the aforementioned report of the City
Engineer
#162-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 5, 1993, which
transmits its resolution 1-28-93, adopted on January 26, 1993,
with regard to a Sign Permit Application submitted by T Rogvoy
Associates, Inc. , requesting approval to erect one ground sign on
property located at the southeast corner of Middlebelt and
Schoolcraft Roads in Section 25, 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 Elevation and Site Plan, as revised, dated
1/19/93, Sheet 1, File 92026 by T Rogvoy Associates, Inc ,
to erect one monument sign on property located at the
imp southeast corner of Middlebelt and Schoolcraft Roads, is
hereby approved and shall be adhered to;
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2) That the Color Rendering Plan received by the Planning
lir Commission on 1/20/93, by T Rogvoy Associates, Inc. , is
hereby approved and shall be adhered to; and
3) That the sign shall be lit during the working hours of Home
Quarters
#163-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 23, 1993, which
transmits its resolution 2-36-93, adopted on February 9, 1993,
with regard to Petition 92-11-3-4, submitted by the City Planning
Commission, requesting the vacating of a portion of a utilities
easement located on Lot 69, Gold Manor Estates Subdivision, on
the west side of Gill Road between Curtis and Seven Mile Road in
the North 1/2 of Section 9, the Council does hereby concur in the
recommendation of the City Planning Commission and does grant and
approve the said Petition 92-11-3-4, and the Department of Law is
hereby requested to prepare the necessary vacating ordinance in
accordance with this resolution
#164-93 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated January 4, 1993,
with regard to an application from John B. Carlin, Jr. , Attorney
at Law, for a new full year Class C license to be located at
Seven Mile and Haggerty Road, Livonia, Michigan, Wayne County, in
the corporate name of Romano's Macaroni Grill, Inc. , the Council
does hereby refer this item to the Committee of the Whole for its
report and recommendation
#165-93 RESOLVED, that having considered a proposed purchase
agreement between the City of Livonia Parks and Recreation
Commission and Romano's Macaroni Grill, Inc , with respect to a
proposed sale and transfer of a 1990 Class C Michigan Liquor
Control Commission License now in escrow at 20500 Newburgh,
Livonia, Michigan 48152, the Council does hereby refer this item
to the Committee of the Whole for its report and recommendation.
A report from the Public Service Division, dated January 28,
1993, re: the use of "Timbrex," a recyclable wood product, was received
and placed on file for the information of the Council (CR 887-92)
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
27515
#166-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 23, 1993, which
transmits its resolution 2-30-93, adopted on February 9, 1993,
with regard to Petition 92-10-1-25 submitted by American House
for a change of zoning on property located on the south side of
Plymouth Road between Ann Arbor Road and Levan Road in the NW 1/4
of Section 32 from C-4 to R-9I, the Council does hereby determine
to defer action with respect to this item to a time uncertain.
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
4167-93 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated February 25, 1993,
submitted pursuant to Council Resolution 15-93 in connection with
the question of whether the City should establish a procedure
wherein the City would give preference to local bidders (in lieu
of low bidders), the Council does hereby refer this item to the
Legislative Committee for its report and recommendation.
Jurcisin gave first reading to the following Ordinance (draft
dated February 17, 1993)
lam AN ORDINANCE ADDING SECTION 3 04. 145 TO TITLE 3,
CHAPTER 04 (FINANCIAL PROCEDURES) 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 President declared the second reading would take
place at the Regular Meeting of April 7, 1993.
Kavanagh gave first reading to the following Ordinance (draft
dated February 24, 1993):
AN ORDINANCE ADDING SECTION 3.04.145 TO TITLE 3,
CHAPTER 04 (FINANCIAL PROCEDURES) 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 President declared the second reading would take
irmo place at the Regular Meeting of April 7, 1993
27516
Feenstra gave first reading to the following Ordinance (original
ir. draft dated April 16, 1991):
AN ORDINANCE ADDING SECTION 3 04. 145 TO TITLE 3,
CHAPTER 04 (FINANCIAL PROCEDURES) 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 President declared the second reading would take
place at the Regular Meeting of April 7, 1993.
Feenstra took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 5 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO. (Petition 90-11-1-31)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Kavanagh, Ochala, Jurcisin, and Feenstra
NAYS: McGee, Toy, and Taylor.
The President declared the adoption of the foregoing Ordinance denied based
upon the fact that it did not receive six (6) affirmative votes, in as much
as there was a valid protest petition filed by adjoining property owners,
in accordance with State Statute and the City's Zoning Ordinance.
On a motion by McGee, seconded by Toy, it was:
RESOLVED, that having considered a communication from
the City Planning Commission, dated December 18, 1990, which sets
forth its resolution 12-504-9 adopted on December 11, 1990, with
regard to Petition 90-11-1-31, submitted by Dominic Soave for a
change of zoning on property located on the east side of Newburgh
Road north of Seven Mile Road in the Northwest 1/4 of Section 5,
ibm from RUFC to C-1, and the Council having conducted a public
hearing with regard to this matter on March 13, 1991, pursuant to
Council Resolution 22-91, the Council does hereby concur in the
recommendation of the City Planning Commission and Petition
90-11-1-31 is hereby denied for the same reasons as those set
forth in the aforesaid action of the Planning Commission.
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A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Toy, and Taylor.
NAYS: Kavanagh, Ochala, Jurcisin, and Feenstra.
The President declared the resolution denied.
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
#168-93 RESOLVED, that having considered a letter from the
Secretary of the Livonia Woodcarvers Club, dated February 13,
1993, wherein permission is requested to conduct the 19th Annual
Woodcarving Show at the Eddie Edgar Sports Arena on August 7 and
8, 1993, and which also requests permission to display temporary
advertising signs at the intersections of Five Mile and
Farmington, Farmington and Lyndon, and Farmington and Schoolcraft
from July 30 to August 8, 1993, the Council does hereby approve
and grant this request in the manner and form herein submitted;
FURTHER, the request for a waiver of all fees in connection with
the transient merchants license for exhibitors at the show is
hereby referred to the Finance and Insurance Committee for its
report and recommendation.
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
#169-93 RESOLVED, that having considered a letter from the
Secretary of the Livonia Woodcarvers Club, dated February 13,
1993, the Council does hereby take this means to indicate that
the Livonia Woodcarvers Club is recognized as a non-profit
organization operating in the community, the action herein being
taken for the purpose of affording the Livonia Woodcarvers Club
an opportunity to obtain a gaming license from the State of
Michigan in accordance with the provisions of State Statute.
Kavanagh left the podium at 8 56 p.m. in order to avoid a perceived
impropriety based upon prior representation of Rotondo Bros. , Inc.
On a motion by Toy, seconded by Jurcisin, it was:
#170-93 RESOLVED, that having considered a letter from the
President of Rotondo Bros , Inc. , dated February 16, 1993,
submitted in behalf of Ray Amin, wherein an interest is expressed
in the purchase of certain City-owned parcels located on the
north side of Seven Mile Road east of Fitzgerald, the Council
does hereby refer this item to the Committee of the Whole for its
report and recommendation
27518
A roll call vote was taken on the foregoing resolution with the following
Limresult:
AYES: McGee, Ochala, Toy, Jurcisin, Feenstra, and Taylor.
NAYS: None.
The President declared the resolution adopted.
On a motion by Jurcisin, seconded by Toy, it was:
#171-93 RESOLVED, that having considered a letter from the
President of Rotondo Bros , Inc , dated February 16, 1993,
submitted in behalf of Ray Amin, wherein an interest is expressed
in the purchase of certain City-owned parcels located on the
north side of Seven Mile Road east of Fitzgerald, the Council
does hereby refer this item to the Department of Law for its
report and recommendation with respect to obtaining a real estate
appraisal of the subject property
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Ochala, Toy, Jurcisin, Feenstra, and Taylor.
NAYS None
The President declared the resolution adopted
Kavanagh returned to the podium at 8:58 p m
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was:
#172-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
12, 1993, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the bid
of National Window Cleaning & Maintenance Co , Inc. , 3573 14th
Street, Detroit, Michigan 48208, for providing the Public Service
Division (Building Maintenance Section) with window cleaning
service for the Livonia Municipal Administrative Building at a
cost of $1,525 00 per cleaning, and the Civic Center Library at a
cost of $3,200.00 per cleaning, the same having been in fact the
lowest bid received and meets all specifications; FURTHER, in the
event the aforesaid bidder is unable to perform, the Council does
hereby accept the second lowest bid meeting specifications of
Mulville & Sons, Inc. , 1545 E. Nine Mile Road, Ferndale, Michigan
48220 for providing window cleaning service for the Livonia
Municipal Administrative Building at a cost of $1,750.00 per
cleaning and the Civic Center Library at a cost of $3,260.00 per
cleaning.
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On a motion by McGee, seconded by Jurcisin, and unanimously
Imoadopted, it was:
#173-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 17, 1993,
which bears the signature of the Finance Director and approved
for submission by the Mayor, the Council does hereby accept the
unit price bid of Cadillac Asphalt Paving Company, P.O. Box 817,
Novi, Michigan 48376, for the street improvement of Clarita from
Melvin to Middlebelt Road in the Northeast 1/4 of Section 11 with
a 28 ft wide full-depth asphalt pavement (approximately 7 1/2"
thick) with mountable asphalt curbs, for the estimated total cost
of $172,632.50 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 authorize an appropriation in the amount of
$172,632.50 from the $12 Million General Obligation Road
Improvement Bond Issue with the provision that (1) the Bond Issue
be reimbursed from that portion of the project which is to be
financed by special assessment at such time as funds are
available from the future Special Assessment Bond Issue, and (2)
the Bond Issue be reimbursed for the City's portion of the
lbst project at such time as funds may be available from the Michigan
Transportation Fund (Local Road Account); 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 Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was:
#174-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 22, 1993, which
transmits its resolution 2-32-93, adopted on February 9, 1993,
with regard to Petition 92-12-2-57, submitted by Handy Andy,
requesting waiver use approval to expand the area utilized for
outdoor sales of garden supplies on property located on the west
side of Middlebelt Road between I-96 and Plymouth Road 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.
On a motion by Toy, seconded by Jurcisin, it was:
27520
#175-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 22, 1993, which
transmits its resolution 2-34-93, adopted on February 9, 1993,
with regard to Petition 93-1-2-2, submitted by Shaw Construction
& Management Co. , requesting waiver use approval for a real
estate office to occupy a portion of a proposed building located
on the east side of Newburgh Road between Six and Seven Mile
Roads in the Southwest 1/4 of Section 8, which property is zoned
OS, the Council does hereby concur in the recommendation made by
the City Planning Commission and Petition 93-1-2-2 is hereby
approved and granted, subject to the following conditions:
1) That the Site Plan marked Sheet A-1 dated 8-1-92, prepared
by Kamp-DiComo Associates, P C , Architects, which is hereby
approved shall be adhered to;
2) That the Building Elevation Plan marked Sheet A-9 dated
8-1-92, prepared by Kamp-DiComo Associates, P.C. ,
Architects, which is hereby approved shall be adhered
to;
3) That the Landscape Plan prepared by Mark J Baldwin &
Associates, which includes the substitution of a greenbelt
in lieu of a protective wall as required by the Zoning
Ordinance, is hereby approved and shall be adhered to, and
Imo the landscape materials shall be installed prior to the
issuance of a Certificate of Occupancy and thereafter
permanently maintained in a healthy condition; and
4) That the mechanical equipment on the roof will be shielded.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor.
NAYS: Feenstra.
The President declared the resolution adopted.
On a motion by McGee, seconded by Toy, it was:
#176-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 26, 1993, which
transmits its resolution 2-46-93, adopted on February 23, 1993,
with regard to Petition 93-1-2-3, submitted by Frank and Tony
Chimento, requesting waiver use approval for an SDM license at a
proposed market to be located on the north side of Plymouth Road
between Stark and Farmington Roads in the Southeast 1/4 of
Ime Section 28, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 93-1-2-3 is hereby approved and granted, subject to
the following conditions
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1) That the Building Elevation Plan marked Sheet P-2 dated
ibr 1-11-93, prepared by Guido Associates, Inc. , Architects,
which is hereby approved, shall be adhered to; and
2) That no loading or unloading of delivery vehicles shall take
place in front of the subject building and the area to the
rear of the building shall be open to access for service and
delivery vehicles at all times, as referenced in the letter
dated February 17, 1993 from Plymouth Farms Associates and
signed by David G. Miles;
FURTHER, the Council does hereby waive the 500 foot separation
requirement.
A roll call vote was taken on the foregoing resolution with the following
result
AYES: McGee, Kavanagh, Toy, Jurcisin, and Taylor.
NAYS: Ochala and Feenstra.
The President declared the resolution adopted.
McGee made the following disclosure respecting a conflict of interest on
this matter.
Mr. President, I have previously disclosed the existence of
a conflict of interest with respect to this matter, and I
therefore will abstain from any consideration of this agenda
item. I refer to my prior statement 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 9:02 p.m.
On a motion by Feenstra, seconded by Kavanagh, it was:
#177-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 15, 1992, which
transmits its resolution 7-409-92, adopted on July 14, 1992, with
regard to Petition 92-5-2-18, submitted by Center Stage
Productions, Ltd. requesting waiver use approval to utilize a
Class C liquor license for a proposed performing arts theatre
located on the northeast corner of Plymouth and Farmington Roads
in the Southwest 1/4 of Section 27, which property is zoned C-2,
the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 92-5-2-18 is hereby
IL. approved and granted; and the Council does hereby waive the 1,000
foot separation requirement of Section 11.03(h) of Zoning
Ordinance 543.
27522
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, Toy, Jurcisin, Feenstra, and Taylor.
NAYS: Ochala.
The President declared the resolution adopted.
McGee returned to the podium at 9:06 p m.
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was:
#178-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 24, 1993, which
transmits its resolution 2-48-93, adopted on February 23, 1993,
with regard to the proposed preliminary plat of Willow Creek
Subdivision to be located on the south side of Six Mile Road
between Merriman Road and Henry Ruff in the Northwest 1/4 of
Section 14, City of Livonia, Wayne County, Michigan, and the
preliminary plat having been approved by the City Planning
Commission on February 23, 1993, 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.
On a motion by Feenstra, seconded by Kavanagh, it was:
#179-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 5, 1993, which sets
forth its resolution 12-537-92, adopted on December 15, 1992,
with regard to Petition 92-10-1-23, submitted by Stuart Frankel
for a change of zoning on property located on the south side of
Six Mile Road between Fitzgerald Avenue and Newburgh Road in the
Northwest 1/4 of Section 17, from OS to C-2, P and AG, and the
Council having conducted a public hearing with regard to this
matter on February 22, 1993, pursuant to Council Resolution 9-93,
the Council does hereby refer this item to the Committee of the
Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following
result:
161 AYES: McGee, Kavanagh, Ochala, Feenstra, and Taylor.
NAYS Toy and Jurcisin
The President declared the resolution adopted.
27523
Iwo
iOtnw:sm: otion by Feenstra, seconded by Kavanagh, and unanimously
adopted,
#180-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 30, 1992, which sets
forth its resolution 12-538-92, adopted on December 15, 1992,
with regard to Petition 92-10-1-24, submitted by William Fried
for Kevin Crute and John Dinan, for a change of zoning on
property located on the south side of Pembroke between Newburgh
Road and Victor Parkway in the Southeast 1/4 of Section 6 from
RUFC to RE, and the Council having conducted a public hearing
with regard to this matter on February 22, 1993, pursuant to
Council Resolution 9-93, the Council does hereby refer this item
back to the City Planning Commission for the purpose of
conducting a public hearing and thereafter submitting a report
and recommendation on the question of whether this Petition
should be expanded so as to include the entire parcel, by
expanding its width by a dimension of 400 feet east and west
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#181-93 WHEREAS, pursuant to due and proper notice published
Land mailed to all property owners in Special Assessment District
No. 366 for a proposed street improvement of Pembroke Avenue
(Flamingo Boulevard to Purlingbrook Road) in the West 1/2 of
Section 2, City of Livonia, Wayne County, Michigan, with a 20 ft.
wide 4" thick asphalt pavement (Alternate IV), as required by the
provisions of the City Charter and Title 3, Chapter 8 of the
Livonia Code of Ordinances, as amended, a public hearing
thereafter having been held thereon on Monday, March 1, 1993 at
7:00 p m. , at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, and the City Council having duly met and reviewed the
special assessments levied on the revised special assessment roll
as prepared by the City Assessor to cover the district portion of
the cost of a street improvement to be constructed in Special
Assessment District No. 366; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, THAT:
(1) The City Council does hereby determine that the assessments
set forth in said revised Special Assessment Roll dated
January 26, 1993, in the amount of $9,999 90, are fair and
equitable and based upon benefits to be derived by
construction of improvements proposed in said district in
accordance with the plans of the City Engineer and
resolutions of the City Council;
27524
(2) Said revised Special Assessment Roll No. 366 is hereby
approved and confirmed in all respects;
(3) The amount of said roll shall be divided into ten (10) equal
annual installments with interest at the rate of eight (8%)
percent per annum on the unpaid balance of the assessment
from December 1, 1993 Said interest shall be payable on
each installment due date, provided, however, that after the
issuance of bonds in anticipation of the collection of the
unpaid assessments on the said special assessment roll, said
rate of interest shall be not more than 1% above the average
rate of interest borne by said bonds. In such cases where
the installments will be less than Ten Dollars ($10.00), the
number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10.00)
as possible The first installment shall be due and payable
December 1 , 1993 and subsequent installments on December 1st
of succeeding years;
(4) Pursuant to the provisions of Section 3.08.130 of the
Livonia Code of Ordinances, as amended, the City Clerk shall
endorse the date of confirmation on the assessment roll, and
the said assessment roll shall then be immediately
transmitted to the City Treasurer who shall then publish
notice as is required by Section 3.08. 190 of the Livonia
iim Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3.08. 190.
Any property owner assessed may pay the whole or any part of
the assessment without interest or penalty up to December 1 ,
1993;
(5) The first installment shall be spread upon the 1994 City tax
roll in the manner required by Section 3.08 210 of the
Livonia Code of Ordinances, as amended, together with
interest upon all unpaid installments from December 1, 1993
and thereafter one (1) installment shall be spread upon each
annual tax roll together with one (1) year's interest upon
all unpaid installments; provided, however, that when any
annual installment shall have been prepaid in the manner
provided in Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3.08.200, or after the
expiration of the sixty (60) day period as provided by
Section 3.08.220 then there shall be spread upon the tax
roll for such year only the interest for all unpaid
installments; and
(6) The City Council does hereby determine to pay 52.77% of the
total costs ($11, 172.47)
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was:
27525
#182-93 RESOLVED, that having considered a communication dated
February 18, 1993, from the Department of Law transmitting for
Council acceptance a Quit Claim Deed, more particularly described
as:
Quit Claim Deed dated February 9, 1993, executed by Andrew
Lendrum, Vice President, Stonehouse Development, Inc. , a
Michigan Corporation, for the following property described
as:
Land in the City of Livonia, Wayne County, Michigan,
described as:
The West 10 feet of the North 443.92 feet of the following
described parcel
That part of the Southeast 1/4 of Section 31 described as
beginning at a point distant North 89 degrees 03 minutes 10
seconds West 712 29 feet and North 00 degrees 56 minutes 50
seconds East 60.00 feet from the Southeast corner of Section
31, T 1 S , R. 9 E , and proceeding thence along the North
line of Joy Road North 89 degrees 03 minutes 10 seconds West
299.61 feet; thence North 00 degrees 45 minutes 40 seconds
East 157.80 feet; thence North 89 degrees 03 minutes 10
seconds West 400 00 feet; thence along the East line of
Golden Ridge Subdivision and Golden Ridge Subdivision No. 1
L North 00 degrees 45 minutes 40 seconds East 443 92 feet;
thence South 89 degrees 03 minutes 10 seconds East 993 96
feet; thence South 00 degrees 56 minutes 50 seconds West
300.05 feet; thence North 89 degrees 03 minutes 10 seconds
West 292.40 feet; thence South 00 degrees 56 minutes 50
seconds West 301 67 feet to the point of beginning
(Stonehouse Ave. right-of-way - Parcel 124-99-0022-001)
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Quit Claim Deed; and the City Clerk
is hereby requested to have the same recorded in the Office of
the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution.
On a motion by McGee, seconded by Toy, and unanimously adopted,
it was:
#183-93 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of several items that do not appear on
the agenda
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was:
27526
#184-93 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March
2, 1993, submitted pursuant to Council Resolution 83-93 in
connection with the report and recommendation of the Director of
Finance, dated January 19, 1993, approved for submission by the
Mayor, wherein authorization is requested to obtain bids for the
purchase of an IBM AS/400 9406 E45 main frame, for the purpose of
increasing the capacity of the City's IBM System 38, the Council
does hereby authorize the taking of competitive bids with respect
to this item in accordance with the provisions of law and City
ordinance.
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was:
11185-93 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March
2, 1993, submitted pursuant to Council Resolution 107-93 in
connection with the report and recommendation of the City Clerk,
dated January 29, 1993, regarding the renewal of the Hardware
Maintenance Agreement and Software Licensing Agreement for Voter
Registration and Election Programs, the Council does hereby
determine to take no further action.
Item
iOtnw:sm: otion by Feenstra, seconded by Toy, and unanimously
adopted,
#186-93 RESOLVED, that having considered a communication from
the Director of Institutional Advancement of Schoolcraft College,
dated March 9, 1993, wherein a request is submitted for a waiver
of Transient Merchant Fees in connection with a craft show to be
conducted on Saturday, March 13, 1993 at Schoolcraft College, the
purpose of which is to raise funds for student scholarships, the
Council does hereby approve the date for conducting this event
and refer the request for a waiver of fees to the Finance and
Insurance Committee for its report and recommendation.
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was:
#187-93 RESOLVED, that having considered a communication from
the Mayor, dated March 9, 1993, submitted pursuant to Section
2.48.020 of the Livonia Code of Ordinances, as amended, with
regard to the appointment of Mr. C Russell Smith, 31445 Alabama
Court, Livonia, Michigan 48150, as a member of the Local Officers
Compensation Commission for a term which shall expire on April 2,
1994, the Council does hereby confirm the appointment of Mr.
Smith; and it is further provided that he take the oath of office
as required in Chapter X of Section 2 of the City Charter, to be
administered by the Office of the City Clerk.
27527
During the audience communication portion at the end of the
imp meeting, Councilmember Toy requested recognition for Kenneth Kirkwood, a
retired Livonia police officer who died in West Virginia last week. She
also requested a moment of silence for Florence "Penny" Duprey, a longtime
music educator in Livonia who died March 2, 1993, at age 78.
On a motion by Ochala, seconded by Toy, and unanimously adopted,
this 1,244th Regular Meeting of the Council of the City of Livonia was
adjourned at 9:20 p.m. , March 10, 1993
(
II 1 AWA ' 441-41
.an McCotter, City Clerk
L
1mm