HomeMy WebLinkAboutCOUNCIL MINUTES 1992-11-23 27313
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND THIRTY-SEVENTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On November 23, 1992, the above meeting was held at the City
Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order
by the President of the Council at 8:05 p m. Councilman McGee delivered
the invocation
Roll was called with the following result: Present: Michael P
McGee, Dale A. Jurcisin, Gerald Taylor, Ron Ochala, Fernon P. Feenstra,
Sean P. Kavanagh, and Laura M. Toy Absent: None.
Elected and appointed officials present Robert D. Bennett,
Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Karen A.
Szymula, Director of Legislative Affairs; Joan McCotter, City Clerk; Edith
Davis, Personnel Director; James Andres, Chief Accountant; Robin Roberts,
Historic Preservation Commission; Ralph Magid, Superintendent of Public
Service; and Dorothy Wilshaw, Arts Commission
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was:
#854-92 RESOLVED, that the minutes of the 1,236th Regular
Meeting of the Council of the City of Livonia, held November 9,
1992, are hereby approved as submitted
On a motion by Kavanagh, seconded by Feenstra, and unanimously
adopted, it was:
#855-92 RESOLVED, that Item 35 that concerns the renaming of
Algonquin Park to the Robert F. Nash Memorial Park be relocated
on the Agenda so as to be considered prior to the Consent Agenda.
Councilman Taylor presented Mrs. Laura Nash with a plaque
containing the following proclamation:
1m. On a motion unanimously introduced, seconded and adopted, it was:
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#856-92 WHEREAS, Robert F Nash, a veteran City official and
Llong-time resident, recently passed away at the age of 65; and
WHEREAS, Robert F. Nash retired in January 1992 after having
served with great distinction as City Clerk from 1982 through
1991, as a member of the City Council from 1966 through 1981, as
Council President from 1970 through 1975 and as a member of the
Zoning Board of Appeals from 1960 through 1965; and
WHEREAS, he also taught for 30 years in the Detroit Public
School system, most recently at Ford High School; and
WHEREAS, this Detroit native was a 1945 graduate of Northwestern
High School, a 1949 graduate of Eastern Michigan University, and
earned a master's degree from the University of Michigan in 1951;
and
WHEREAS, during the course of his service as an educator and
public servant, Robert F Nash was universally respected and
admired by those who came in contact with this; able and tough
administrator who was known by his friends for having a soft spot
and kind heart; and
WHEREAS, Robert F. Nash, truly one of Livonia's pioneers who saw
this city's transformation from a rural outpost to a thriving
suburban community and who, among his many civic activities, was
involved in the Camp Livonia program and served as chairperson of
his own homeowners group, the Kimberly Oaks Civic Association;
and
WHEREAS, Robert F. Nash will be sorely missed by his family,
friends, associates, and employees and officials of the City of
Livonia and by the Livonia community at large.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Council of
the City of Livonia deem it fitting at this time to record their
deep sorrow upon the passing of a highly respected public
official and friend and to join with his family and the community
in mourning the loss of Robert F Nash
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was:
#857-92 RESOLVED, that the Council does hereby request that the
Department of Law prepare an amendment to Chapter 12 16, Section
12.16.010, 10, which would rename "Algonquin Park" to "Robert F.
Nash Memorial Park," which park is located in the Northeast 1/4
of Section 23 immediately adjacent to Roosevelt Elementary
School.
Robin Roberts, Chairperson of the Livonia Historic Preservation
Commission, spoke in opposition to Agenda Item #X-2a, the widening of Eight
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Mile Road at the present time, during the audience communication portion.
The following resolutions were also offered during audience communication:
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was:
#858-92 RESOLVED, that having considered a complaint submitted
by Mr. Paul DesRosiers, 34940 Beacon, with regard to outside
vehicle storage in violation of a condition of waiver use
approval to operate an automobile collision repair shop at 11701
Belden by K & L Motion Automotive and Paragon Properties, the
Council requests that it be kept apprised of the status of this
matter, including such court proceedings as may be necessary by
the Court Administrator of the 16th District Court, as well as
the Inspection Department
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#859-92 RESOLVED, that the Council does hereby request that the
Inspection Department submit a report and recommendation with
regard to the operation of an automobile transmission replacement
facility located on the northwest corner of Seven Mile and
Angling by Rocco Corsi, pursuant to Petition 85-4-2-10.
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#860-92 RESOLVED, that having considered a letter from Gary
LaRocca, 9108 Deering, Livonia, MI 48150 dated November 16, 1992,
with regard to the storage of unsightly vehicles or abandoned
vehicles at 9095 Cardwell, the Council does hereby request a
report and recommendation from the Inspection Department relative
to lack of compliance with applicable zoning ordinance provisions
with respect to this property
At the direction of the Chair, Item 1/6 was removed from the
Agenda.
On a motion by Taylor, seconded by Feenstra, it was:
#861-92 RESOLVED, that having considered communications from
the City Clerk, dated November 6, 1992 and November 16, 1992, the
Council does hereby authorize the Mayor and City Clerk for and on
behalf of the City of Livonia to execute a maintenance agreement
covering the copy machine used for City-wide duplication with
A.B. Dick Company, 25330 Telegraph Road, Suite 110, Southfield,
MI 48034, for a one-year period, commencing December 1, 1992, for
a total price of $3,942.00; FURTHER, the Council does hereby
authorize the said item without competitive bidding in accordance
with Section 3.04 140 D.5 of the Livonia Code of Ordinances, as
amended.
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A communication from the Traffic Commission, dated October 6,
iw. 1992, re installation of Stop signs on Schoolcraft service drive at all
1-96 exit ramps was received and placed on file for the information of the
Council. (CR 458-92)
#862-92 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated October 20, 1992, approved by
the Director of Finance and approved for submission by the Mayor,
and which transmits its resolution WS 2986 10/92, the Council
does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia to execute a one-year extension of the
meter maintenance agreement for a total annual cost of
$12,600.00, and a one-year extension of the data processing
agreement for a total annual cost of $18,000 00, between the City
of Livonia and ADS Environmental, 6330 East 75th Street,
Indianapolis, IN 46250; FURTHER, the Council does hereby
appropriate and authorize the expenditure of the sum of
$30,600.00 from the Unexpended Fund Balance Account of the Sewer
Fund for this purpose; and the Council does hereby authorize the
said item without competitive bidding in accordance with Section
3.04 140 D 5 of the Livonia Code of Ordinances, as amended
#863-92 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and the Director of
Public Works, dated November 5, 1992, approved by the Director of
Finance and approved for submission by the Mayor, the Council
does hereby authorize the Mayor and City Clerk to execute the
following contracts:
1) A one-year extension beginning December 1, 1992, of the
existing City Hall elevator maintenance contract with Millar
Elevator Service Company, 21420 Melrose Avenue, Southfield,
Michigan 48075, at the monthly rate of $650.94;
2) A one-year extension beginning December 1, 1992, of the
existing Civic Center Library elevator maintenance contract
with Otis Elevator Company, 25365 Interchange Court,
Farmington Hills, Michigan 48335, at the monthly rate of
$376.00; and
3) A one-year extension beginning December 1, 1992, of the
existing Police Headquarters elevator maintenance contract
with Schindler Elevator Corporation, 24700 W. Eleven Mile
Road, P.O. Box 700, Southfield, Michigan 48037, at the
monthly rate of $145.00;
FURTHER, the Council does hereby authorize the aforesaid items
without competitive bidding in accordance with the provisions set
forth in Section 3.04. 140.D.5 of the Livonia Code of Ordinances,
as amended.
27317
#864-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 2, 1992,
approved for submission by the Mayor, regarding replacement
and/or construction of new sidewalks (and/or drive approaches) in
the City of Livonia pursuant to the 1992 Sidewalk Repair Program
at the locations and in the amounts indicated in the attachment
to the aforesaid communication, which work was done pursuant to
Council Resolution No. 181-92 and in accordance with the
provisions of Section 12 04.340 of Chapter 4 of Title 12 of the
Livonia Code of Ordinances, as amended, the City Treasurer is
hereby directed to send a statement of charges to all property
owners in the amounts listed above in accordance with Section
3.08. 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances,
as amended, and the Council does hereby establish the evening of
Wednesday, February 10, 1993, at 8 00 p.m at the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time
and place when the Council shall meet for the purpose of adopting
a resolution placing a special assessment upon said property for
such charges unless the same are paid prior to the date of such
meeting; and the City Clerk and City Treasurer, are hereby
requested to do all things necessary or incidental to the full
performance of this resolution.
#865-92 RESOLVED, that having considered a communication from
the City Planning Commission dated November 5, 1992, which
transmits its resolution 10-508-92, adopted on October 27, 1992,
L with regard to a Sign Permit Application submitted by Jason and
Associate Architects in behalf of Tireman, requesting approval
for two wall signs on a building located at 19601 Middlebelt Road
in Section 2, 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 Building Alteration Plan drawing number 9215 dated
9/28/92 prepared by Jason and Associate Architects,
submitted in behalf of Tireman at 19601 Middlebelt Road, is
hereby approved and shall be adhered to;
2) That the signs and lighted fascia shall only be illuminated
between the hours of dark until 12:00 a.m ; and
3) That any rooftop mechanical equipment be appropriately
screened.
#866-92 RESOLVED, that having considered a communication from
the City Planning Commission dated September 21, 1992, which
transmits its resolution 9-460-92, adopted on September 15, 1992,
with regard to a Sign Permit Application submitted by Walker &
Company in behalf of the Professional Golfers Association of
America (PGA) requesting approval to erect a new ground sign on
property located at 32744 Five Mile Road, the Council does hereby
concur in the recommendation of the Planning Commission and
L.- approve the said Sign Permit Application, subject to the
following conditions
27318
1) That the sign plan dated 8/26/92 by Walker & Company,
im. submitted in behalf of the Michigan Section of the
Professional Golfers Association at 32744 Five Mile
Road, is hereby approved and shall be adhered to; and
2) That this approval is subject to the petitioner being
granted a variance from the Zoning Board of Appeals for all
deficiencies defined in Section 18.50F of Zoning Ordinance
No. 543;
as well as subject to the following additional conditions (which
were required by the Zoning Board of Appeals):
1) That the sign herein approved shall be a 10 square ft.
ground sign on the existing pole;
2) That the sign shall be not more than 8 feet in height;
3) That the sign shall be non-rotating and non-flashing; and
4) That the sign shall be maintained at all times.
#867-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 5, 1992, which
transmits its resolution 10-507-92, adopted on October 27,
L1992, with regard to Petition 92-10-8-18 submitted by
Livonia One, requesting site plan approval in connection
with a proposal to modify the front and rear entranceways of
an existing building located on the south side of Six Mile
Road between Newburgh Road and the 1-275 Expressway in the
Northeast 1/4 of Section 18, pursuant to the provisions set
forth in Section 18 47 of Ordinance No. 543, as amended, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 92-10-8-18 is hereby approved and
granted, subject to the following condition
That all plans received on 10/14/92 by Livonia City Planning
Commission for the Livonia One Office Building at 17000 S.
Laurel Park Drive are hereby approved and shall be adhered
to.
#868-92 RESOLVED, that having considered a communication from
the Council President, dated November 9, 1992, to which is
attached a proposed schedule of Council Study and Regular
Meetings for the period January 1, 1993 through December 31,
1993, the Council does hereby approve the following dates for
City Council meetings for 1993, subject to change with notice:
27319
STUDY MEETINGS REGULAR MEETINGS
JANUARY
Wednesday, January 6 1993 Wednesday, January 13
Wednesday, January 20 Wednesday, January 27
FEBRUARY
Monday, February 1 1993 Wednesday, February 10
Wednesday, February 17 Wednesday, February 24
MARCH
Monday, March 1 1993 Wednesday, March 10
Monday, March 15 Wednesday, March 24
APRIL
Monday, March 29 1993 Wednesday, April 7
Wednesday, April 14 Wednesday, April 21
MAY
Monday, April 26 1993 Wednesday, May 5
Monday, May 10 Wednesday, May 19
JUNE
Wednesday, May 26 1993 Monday, June 7
Wednesday, June 16 Wednesday, June 23
JULY
Monday, June 28 1993 Wednesday, July 7
Monday, July 12 Wednesday, July 21
AUGUST
Monday, August 9 1993 Monday, August 16
Monday, August 23 Monday, August 30
SEPTEMBER
Wednesday, September 8 1993 Wednesday, September 15
Monday, September 20 Wednesday, September 29
OCTOBER
Monday, October 4 1993 Wednesday, October 13
Monday, October 18 Monday, October 25
NOVEMBER
Wednesday, October 27 1993 Monday, November 8
Monday, November 15 Monday, November 22
DECEMBER
Wednesday, December 1 1993 Wednesday, December 8
Monday, December 13 Monday, December 20
#869-92 RESOLVED, that having considered a communication from
Council Vice President Ron Ochala, dated November 10, 1992, wherein
it is proposed that a City of Livonia Charter Review Committee be
established, the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation
27320
#870-92 RESOLVED, that having considered a communication from
L
Council Vice President Ron Ochala, dated November 10, 1992,
wherein it is proposed that a Municipal Finance Task Force be
established, the Council does hereby refer this item to the
Finance and Insurance Committee for its report and
recommendation
#871-92 RESOLVED, that having considered a report from
Councilman Fernon P Feenstra with regard to the condition of a
temporary barricade and curb cut on Allen Road, between Martin
and Lyndon, the Council does hereby request that the Engineering
Department and the Traffic Commission submit their respective
reports and recommendations.
#872-92 RESOLVED, that having considered a report from
Councilman Fernon P Feenstra with regard to a reported business
activity at 28623 Minton, the Council does hereby request that
the Inspection Department submit its report and recommendation.
#873-92 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, January 11, 1993, at
7:30 p.m. at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item:
Petition 92-9-1-21, submitted by DJT Development, Inc. and
Arbor Drugs for a change of zoning on property located on
the north side of Joy Road between Knolson and Norman
Avenues in the Southwest 1/4 of Section 31, from OS to R-1,
the City Planning Commission in its resolution 10-489-92
having recommended to the City Council that Petition
92-9-1-21 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 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 registered 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.
27321
#874-92 RESOLVED, that having considered a communication dated
November 6, 1992 from Timothy I. Mitchell which in accordance
with the provisions of Section 19 08 of Ordinance 543, as
amended, the Zoning Ordinance, takes an appeal from a
determination made on October 27, 1992 by the City Planning
Commission in its resolution 10-490-92 with regard to Petition
92-9-2-29 submitted by Timothy Mitchell (Furusato Inc. )
requesting waiver use approval to utilize a Tavern License in
connection with an existing limited service restaurant located in
the Laurel Commons Shopping Center on the north side of Six Mile
Road between Newburgh Road and Fitzgerald Avenue in the Southwest
1/4 of Section 8, the Council does hereby designate Monday,
January 11, 1993 at 7:30 p.m. as the date and time for conducting
a public hearing with regard to this matter, such hearing to be
held at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan; and the City Clerk is hereby requested to do all things
necessary in order to give proper notice in writing, as well as
by the publication of a notice in the City's official newspaper
of such hearing and the date and place thereof, in compliance
with the requirements set forth in Ordinance 543, as amended, the
Zoning Ordinance of the City of Livonia
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: McGee, Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and
Toy
NAYS: None
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#875-92 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 16,
1992, and submitted pursuant to Council Resolution 255-89, in
connection with a letter from Carol Andrikides, 19450 Pierson
Drive, Northville, Michigan 48167, with attachments, with regard
to the Northville Preservation Association and its concerns with
respect to Public Act 61 of 1939 and 1959 PA 197 which permits
privately owned property to be force pooled into a drilling
district as well as the adverse effect Of gas and oil wells in
densely populated areas, the Council does hereby determine to
take no further action.
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was:
27322
#876-92 RESOLVED, that having considered the report and
ift. recommendation of the Legislative Committee, dated November 16,
1992, and submitted pursuant to Council Resolution 24-92 in
connection with the report and recommendation of the City
Planning Commission, dated December 3, 1991, and submitted
pursuant to Council Resolution 369-91 on the question of whether
Section 18.58(a) of the Zoning Ordinance should be amended so as
to require with respect to all OS, C-i, C-2 zoned property that
the City Planning Commission shall review the site plan and
submit a report and recommendation to the City Council for its
approval (delete the two-acre exception for OS and five-acre
exception for C-1 and C-2), the Council does hereby determine in
accordance with Section 23.01(a) of the Zoning Ordinance that the
City Planning Commission shall conduct a public hearing and shall
thereafter submit a report and recommendation on the question of
whether Section 18.58(a) should be amended so as to have the same
read as follows:
(a) Requirement No building shall be constructed or expanded
in an OS, C-1 or C-2 District and no building, the principal
use of which is proposed to be used for general office
purposes, shall be constructed or expanded in an ML, M-1 or
M-2 district unless a site plan therefor has been reviewed
by the City Planning Commission and approved by the City
Council.
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was:
#877-92 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 16,
1992, and submitted pursuant to Council Resolution 615-92 in
connection with a communication from the City Planning
Commission, dated May 20, 1992, which sets forth its resolution
5-370-92, adopted on May 5, 1992, with regard to Petition
92-3-6-2, initiated by the City Planning Commission on its own
motion to determine whether to amend Section 31 02 of the Zoning
Ordinance so as to provide that certain privately owned property
could also be eligible to be rezoned to an NP (Nature Preserves)
zoning district, and the City Council having conducted a public
hearing with regard to this matter on July 20, 1992, pursuant to
Council Resolution 455-92, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 92-3-6-2
is hereby approved and granted as revised so as to change the
words "Privately Owned" to "Publicly Owned"; and the Department
of Law is requested to prepare an ordinance amending Ordinance
543, as amended, in accordance with this resolution.
A communication from the Personnel Director, dated July 14, 1992,
re: recent developments concerning United Way and its effects on the City
was received and placed on file for the information of the Council. (CR
649-92)
27323
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#878-92 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 16,
1992, and submitted pursuant to Council Resolution 649-92 in
connection with the report and recommendation of the Personnel
Director, dated July 14, 1992, approved for submission by the
Mayor and submitted pursuant to Council Resolution 303-92,
regarding recent developments concerning United Way and its
effects on the City, the Council does hereby request that the
Personnel Director submit a report and recommendation as to the
procedure that may be utilized by other charities that may
request participation in a payroll deduction plan.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#879-92 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated November 16,
1992, and submitted pursuant to Council Resolution 650-92 in
connection with the report and recommendation of the Department
of Law, dated July 8, 1992, and submitted pursuant to Council
Resolution 420-92 in connection with the question of whether
State statute traffic violations can be incorporated into the
Livonia Code of Ordinances so as to enhance local revenues such
as with respect to driving while impaired due to being
intoxicated and OUIL second offenses, the Council does hereby
determine to take no further action.
Taylor took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO. (Petition No. 92-7-1-13)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: McGee, Jurcisin, Taylor, Ochala, Feenstra, and Kavanagh.
NAYS: Toy
[.. The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
27324
On a motion by Ochala, seconded by Feenstra, and unanimously
lir adopted, it was:
#880-92 RESOLVED, that having considered a communication from
the Department of Law dated November 2, 1992, submitted pursuant
to Council Resolution 817-92 which approved Petition 92-7-1-14,
submitted by the City Planning Commission, pursuant to Council
Resolution 367-92, for a change of zoning on property located on
the north side of Seven Mile Road between Haggerty Road and I-275
in the Southwest 1/4 of Section 6, from M-1 (now C-1) to C-2, and
which requested the Department of Law to prepare the necessary
ordinance amendment, and which proposed ordinance amendment
received its first reading by Councilman Ochala on November 9,
1992, the Council does hereby refer this item to the Committee of
the Whole for its report and recommendation.
Kavanagh took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 30 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
lw. SECTION 3. THERETO. (Petition No. 92-7-1-18)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: McGee, Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and
Toy
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#881-92 RESOLVED, that having considered a communication from
the City Assessor, dated October 26, 1992, approved for
submission by the Mayor, with regard to a request from Mr. David
Bongero, 20345 Hugh, Livonia, Michigan 48152, in behalf of Mr.
Randy Russell, 19367 Weyher, 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 determine to deny the request for dividing and
combining Tax Item Nos. 46 003 02 0042 000 and 46 003 02 0043 000
into two parcels since the same would be in violation of the
City's zoning ordinance and law, as well as for the reason that
the proposed lot split would not be consistent with good planning
and zoning practice
27325
On a motion by Taylor, seconded by Jurcisin, and unanimously
L. adopted, it was:
#882-92 RESOLVED, that having considered a communication from
the City Clerk, dated November 10, 1992, to which is attached a
communication from Plante & Moran, Certified Public Accountants,
27400 Northwestern Highway, P 0. Box 307, Southfield, Michigan
48037-0307, dated November 9, 1992, the Council does hereby
determine to retain the firm of Plante & Moran, Certified Public
Accountants, for performing the annual independent audit of the
accounts of the City of Livonia for the year ending November 30,
1992, as required by the City Charter and in accordance with the
guidelines set forth in the State Uniform Act 978, P A. 2, for a
total fee not to exceed $64,200; FURTHER, the Council does hereby
authorize the said item without competitive bidding in accordance
with Section 3 04.140 D 2 of the Livonia Code of Ordinances, as
amended
On a motion by Feenstra, seconded by Ochala, apd unanimously
adopted, it was
#883-92 RESOLVED, that having considered a communication from
the City Clerk, dated November 10, 1992, to which is attached a
imr communication from Plante & Moran, Certified Public Accountants,
27400 Northwestern Highway, P O. Box 307, Southfield, Michigan
48037-0307, dated November 9, 1992, and which submits an audit
fee proposal for the year ending November 30, 1992, the Council
does hereby refer the subject of seeking competitive proposals to
the Finance and Insurance Committee for its report and
recommendation.
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was:
#884-92 RESOLVED that having considered the report and
recommendation of the Director of Finance, dated November 2,
1992, approved for submission by the Mayor, and to which is
attached a maintenance agreement between the City of Livonia and
International Power Machines Corporation, 2975 Miller Park North,
Garland, Texas 75042-7799, wherein the latter would provide an
Uninterruptible Power System for the petiod November 6, 1992
through November 5, 1993, for a total price of $4,216, and having
considered a report and recommendation from the Chief Accountant
dated November 18, 1992, approved for submission by the Mayor,
the Council does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia to execute the said
agreement as well as to do all other things necessary or
incidental to the full performance of this resolution; FURTHER,
the Council does hereby appropriate and authorize the expenditure
of the sum of $4,216 from Account 101-915-982-000 for this
purpose; and the Council does hereby authorize the said item
without competitive bidding in accordance with Section
3.04. 140.D 5 of the Livonia Code of Ordinances, as amended.
27326
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was:
#885-92 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated November 5,
1992, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the unit
price bid of Ace-Tex Corporation, 7601 Central Avenue, Detroit,
Michigan 48210, for supplying Public Service Division employees
with rental uniforms and cleaning service for the estimated total
weekly sum of $133.65, for the period December 1, 1992 through
November 30, 1994, the same having been in fact the lowest bid
received and meets all specifications
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was:
#886-92 RESOLVED, that having considered the, report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated November 6, 1992, approved by the
Director of Finance and approved for submission by the Mayor, and
having also considered a report and recommendation from the Chief
Accountant dated November 18, 1992, approved for submission by
the Mayor, the Council does hereby accept the bid of All-Type
Fence & Deck, 21226 Schoolcraft Road, Detroit, Michigan 48223,
for the Fox Creek Golf Course, City Landfill and DPW Maintenance
Facility Fence Project (as detailed in the aforesaid
communication), for a total price of $7,751 16, the same having
been in fact the lowest bid received and meets all
specifications; FURTHER, the Council does hereby appropriate the
sum of $3,350.96 from the Golf Course Capital Projects Fund and
the sum of $4,400.20 from the Municipal Refuse 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.
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#887-92 RESOLVED, that the Council does hereby request that the
Director of Public Works submit a report and recommendation with
regard to the use of a new wood substitute from Mobil Chemical
Company labeled "Timbrex," which is reputed to be recyclable, for
possible use on various City projects.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
27327
#888-92 RESOLVED, that having considered a communication from
ibm
the City Planning Commission, dated November 4, 1992, which
transmits its resolution 10-500-92, adopted on October 27, 1992,
with regard to Petition 92-8-2-23, submitted by Applebee's of
Michigan, requesting waiver use approval to construct a
full-service restaurant on property located on the north side of
Seven Mile Road between Haggerty and 1-275 in the Southwest 1/4
of Section 6, which property is zoned C-2, the Council does
hereby reject the recommendation of the Planning Commission, and
Petition 92-8-2-23 is hereby denied for the following reasons:
1) That the proposed development of the site for restaurant
purposes will overburden the site and adversely affect the
surrounding area;
2) That traffic to and from the proposed development will
conflict with the normal traffic patterns of the area;
3) That due to the surrounding wetlands of the area, storm
water run off from the proposed development will adversely
affect the long term stability of that area; and
4) That the petitioner has failed to affirmatively show that
the proposed use is in full compliance with all of the
applicable standards of the zoning ordinance relating to the
proposed use
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#889-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 4, 1992, which
transmits its resolution 10-502-92, adopted on October 27, 1992,
with regard to Petition 92-8-2-25, submitted by Applebee's of
Michigan, requesting waiver use approval to utilize a Class C
liquor license for a restaurant to be located on the north side
of Seven Mile Road between Haggerty and 1-275 in the Southwest
1/4 of Section 6, which property is zoned C-2, the Council does
hereby reject the recommendation of the Planning Commission, and
Petition 92-8-2-25 is hereby denied for the following reasons:
1) That the petitioner has failed to affirmatively show that
the proposed use is in full compliance with all of the
applicable standards of the zoning ordinance relating to the
proposed use;
2) That the proposed use is in conflict with Section 11 03(h)
of the zoning ordinance that requires that there shall be a
separation of at least 1000 feet between other Class C
licensed establishments and the proposed location; and
27328
3) That the proposed development of the site for both
restaurant purposes and the Class C liquor license use will
overburden the site and thereby adversely affect the
neighboring and surrounding uses of the area.
On a motion by Jurcisin, seconded by Kavanagh, it was:
#890-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 4, 1992, which
transmits its resolution 10-496-92, adopted on October 27, 1992,
with regard to Petition 92-9-2-35, submitted by David Michael
Neme, requesting waiver use approval to operate a limited service
restaurant on property located south of Five Mile Road between
Newburgh Road and Blue Skies Avenue in the Northeast 1/4 of
Section 19, which property is zoned C-1, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 92-9-2-35 is hereby approved and granted, such
approval to be based upon the following condition:
That the window signage shall not exceed F07. of the window
area.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Jurcisin, Taylor, Ochala, and Kavanagh.
NAYS: Feenstra and Toy
The President declared the resolution adopted
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was:
#891-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 4, 1992, which
transmits its resolution 10-491-92, adopted on October 27, 1992,
with regard to Petition 92-9-2-31, submitted by William L.
Roskelly, requesting waiver use approval to construct a quick oil
change addition to an existing car wash located on the south side
of Plymouth Road between Yale Avenue and Levan Road in the
Northeast 1/4 of Section 32, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 92-9-2-31 is hereby approved and
granted, such approval to be based upon the following conditions:
1) That the Site Plan dated 9-11-92, prepared by Basney & Smith
is hereby approved and shall be adhered to;
2) That the Building Elevation Plan stamped October 6, 1992,
L. prepared by Basney & Smith is hereby approved and shall be
adhered to;
27329
3) That the site landscaping as shown on the approved site plan
ibm shall be installed and maintained at all times before the
issuance of a final Certificate of Occupancy is granted; and
4) That the hours shall be from 7:00 a.m. until 9 00 p m.
On a motion by Jurcisin, seconded by McGee, it was:
#892-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 4, 1992, which
transmits its resolution 10-492-92, adopted on October 27, 1992,
with regard to Petition 92-9-2-32, submitted by Gene Jewell,
State Farm Mutual Automobile Insurance Company, requesting waiver
use approval to expand an existing building and parking lot
located on the west side of Middlebelt Road between Bentley
Avenue and Schoolcraft Road in the Southeast 1/4 of Section 23,
which property is zoned OS, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
92-9-2-32 is hereby approved and granted, subject to the
following conditions:
1) That the Site Plan number C-5 dated 8/7/92, prepared by
State Farm Mutual Automobile Insurance Company, which is
hereby approved, shall be adhered to;
2) That the landscaping shown on the approved site plan shall
be installed prior to the issuance of a Certificate of
Occupancy and shall thereafter be permanently maintained in
a healthy condition;
3) That the Building Elevation Plan number A-4 dated 10/22/92,
prepared by State Farm Mutual Automobile Insurance Company,
which is hereby approved, shall be adhered to; and
4) That the wall to be constructed along the property line
shall be a seven foot wall.
A roll call vote was taken on the foregoing resolution with the following
result
AYES: McGee, Jurcisin, Taylor, Ochala, Feenstra, and Kavanagh.
NAYS: Toy
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was:
27330
#893-92 RESOLVED, that having considered a communication from
the Personnel Director dated August 6, 1992, approved for
submission by the Mayor, and submitted pursuant to Council
Resolution 150-92, which transmits a resolution adopted by the
Board of Trustees of the Retirement System on August 5, 1992,
regarding establishing a deadline date for Elected Officials to
purchase accumulated service, and to which is attached a report
and recommendation from the Department of Law dated June 3, 1992,
the Council does hereby receive and place this item on file for
the information of the Council.
On a motion by Feenstra, seconded by Taylor, it was:
RESOLVED, that having considered a communication from
the Personnel Director, dated July 8, 1992, approved for
submission by the Mayor, and which sets forth a resolution
adopted by the Board of Trustees of the Retirement System, which
essentially concurs in a Department of Law opinion dated May 27,
1992 with respect to eliminating Council members from the
Retirement System and impact on other employee groups, the
Council does hereby determine to take no further action.
On a motion by Kavanagh, it was
RESOLVED, that the City Council does hereby determine,
in lieu of the foregoing resolution, to substitute the following:
RESOLVED, that having considered a communication from
the Personnel Director, dated July 8, 1992, approved for
submission by the Mayor, and which sets forth a resolution
adopted by the Board of Trustees of the Retirement System, which
essentially concurs in a Department of Law opinion dated May 27,
1992 with respect to eliminating Council members from the
Retirement System and impact on other employee groups, the
Council does hereby request that the Department of Law prepare an
amendment to the Retirement Ordinance which would abolish all
Council pensions with the exception of providing a grandfather
clause with respect to those members of the Council who are
currently members of the Retirement Plan.
The President declared the motion failed for lack of support.
A roll call vote was taken on the original resolution with the following
result:
#894-92 RESOLVED, that having considered a communication from
the Personnel Director, dated July 8, 1992, approved for
submission by the Mayor, and which sets forth a resolution
adopted by the Board of Trustees of the Retirement System, which
essentially concurs in a Department of Law opinion dated May 27,
1992 with respect to eliminating Council members from the
Retirement System and impact on other employee groups, the
Council does hereby determine to take no further action.
27331
AYES: McGee, Jurcisin, Taylor, Ochala, Feenstra, and Toy
NAYS: Kavanagh.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#895-92 RESOLVED, that having considered a communication from
the Personnel Director, dated September 14, 1992, approved for
submission by the Mayor, which sets forth resolutions adopted by
the Board of Trustees of the Retirement System on April 1, 1992
and August 5, 1992 with regard to the question of whether Council
members who have "opted out" of the Retirement System may
subsequently exercise the option to become members of the
Retirement System, and in such event if they may buy back the
period of time "opted out," the Council does hereby refer this
item to the Department of Law for the preparation of an amendment
to the Retirement Ordinance which would prohibit all elected City
officials who have "opted out" from at any time in the future
becoming members of the Retirement System while serving in that
particular capacity as an elected official; such ordinance
amendment shall also provide a 30 day period of limitation (from
date of taking oath of office) for newly elected City officials
to determine whether to become members of the Retirement System.
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was
#896-92 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No 364 for a proposed street improvement consisting of a 28'
wide full-depth asphalt pavement (approximately 7 1/2" thick)
with mountable asphalt curbs (Alternate III) of Clarita from
Melvin to Middlebelt in the Northeast 1/4 of Section 11, T. 1S. ,
R. 9E. , City of Livonia, Wayne County, Michigan, 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 Wednesday, November 4,
1992 at 7:30 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 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. 364; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
27332
NOW, THEREFORE, BE IT RESOLVED, THAT:
L
(1) The City Council does hereby determine that the assessments
set forth in said Special Assessment Roll dated September
17, 1992, in the amount of $133,334.40, 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;
(2) Said Special Assessment Roll No. 364 is hereby approved and
confirmed in all respects, effective January 1, 1993;
(3) The amount of said roll shall be divided into fifteen (15)
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, 1994
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
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
27333
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 15% of the
paving costs ($23,529.60) and 100% of drainage costs
($40,250.00), for a total amount of $63,779 60.
On a motion by Feenstra, seconded by Taylor, it was:
McGee made the following disclosure respecting a conflict of interest on
this matter:
Madame President, I would like the record to reflect that the
petitioner here is represented by my law firm, Miller, Canfield,
Paddock and Stone, and that I therefore will abstain from any
consideration of this agenda item as required by Chapter IV, Section
9, of the Livonia City Charter and the relevant proyisions of State
law. I refer to 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: 19 p m.
#897-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 3, 1992, which sets
forth its resolution 7-422-92, adopted on July 21, 1992, with
regard to a Sign Permit Application submitted by Perry Drugs
requesting approval to erect three wall signs and one ground sign
at 29350 Plymouth Road, and the Council having conducted a public
hearing with regard to this matter on November 4, 1992, pursuant
to Council Resolution 646-92, the Council does hereby concur in
part and reject in part the recommendation of the Planning
Commission and the said request for three wall signs and one
ground sign is hereby approved and granted, subject to the
following conditions
1) That the wall sign on the west side of the building shall be
a 28 square ft. Perry logo sign only;
2) That the ground sign shall be at a 2 ft. setback, not to
exceed 90 square ft. and the height not to exceed 8 ft. ;
3) That five trees will be removed and thereafter replaced by
the shopping center owner with five new trees;
4) That the signs and the building shall have the proper upkeep
at all times;
5) That any plants taken in the utilization of the ground sign
will be replaced in conjunction with the existing
landscaping plan;
27334
6) That any interior window signage be limited to 20% of the
imptotal glass area;
7) That Sign Plan #S-2978, Sheets 1 and 5 dated 11-4-92, as
revised, and Sheets 2 and 4 dated 4-22-92, prepared by
SignArt, Inc. , is hereby approved and shall be adhered to.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and Toy.
NAYS: None
The President declared the resolution adopted.
McGee returned to the podium at 9:21 p m.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#898-92 RESOLVED, that having considered a communication dated
November 10, 1992, from the Department of Law transmitting for
Council acceptance three (3) Grants of Easement, more
particularly described as:
(1) Grant of Twelve Foot Wide Easement dated August 6, 1992,
executed by John Casadei, acting in accordance with Power of
Attorney dated August 1, 1992, Attorney-in-Fact for
Sebastiano & Teresa Casadei, husband & wife, to the City of
Livonia, for:
The South twelve (12) feet of the following parcel of land:
That part of the Southeast 1/4 of Section 31, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan,
described as beginning South 89 degrees 58 minutes 40
seconds West 281.31 feet from the Southeast corner of
Section 31; thence South 89 degrees 58 minutes 40 seconds
West 428.69 feet; thence North 0 degrees 01 minutes 20
seconds West 361.67 feet; thence North 89 degrees 58 minutes
40 seconds East 636.07 feet; thence South 02 degrees 13
minutes 20 seconds East 81.90 feet; thence South 89 degrees
58 minutes 40 seconds West 210.52 feet; thence South 0
degrees 01 minutes 20 seconds East 279 84 feet to the point
of beginning except the South 60 feet thereof. Tax Parcel
124-99-0020-003
1.. (2) Grant of Twelve Foot Wide Easement dated August 6, 1992,
executed by John Casadei, acting in accordance with Power of
Attorney dated August 1, 1992, Attorney-in-Fact for
Sebastiano & Teresa Casadei, husband & wife, to the City of
Livonia, for:
27335
The South twelve (12) feet of the following parcel of land:
16260
That part of the Southeast 1/4 of Section 31, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan,
described as beginning South 89 degrees 58 minutes 40
seconds West 60 04 feet from the Southeast corner of Section
31; thence South 89 degrees 58 minutes 40 seconds West
221 27 feet; thence North 0 degrees 01 minutes 20 seconds
West 279 84 feet; thence North 89 degrees 58 minutes 40
seconds East 210 52 feet thence South 02 degrees 13 minutes
20 seconds East 280 02 feet to the point of beginning except
the South 60 feet thereof Tax Parcel 124-99-0020-005
(3) Grant of Twenty Foot Wide Easement dated August 6, 1992,
executed by John Casadei, acting in accordance with Power of
Attorney dated August 1, 1992, Attorney-in-Fact for
Sabastiano Casadei & Teresa Casadei, husband & wife and Lee
C Saperstein and Barbara Saperstein, his wife, Adrienne
Milin, as trustee of the Adrienne Milin Revocable Trust
dated September 30, 1982, and Albert Feurring and Joyce
Feurring, his wife, to the City of Livonia, for
A twenty foot (20' ) wide easement for sanitary sewer over a
part of the Southeast 1/4 of Section 31, Town 1 South, Range
9 East, City of Livonia, Wayne County, Michigan, described
as beginning at a point on the West right-of-way line of
Newburgh Road distant North 02 degrees 13 minutes 20 seconds
West 532 11 feet and South 89 degrees 58 minutes 30 seconds
West 60 04 feet from the Southeast corner of Section 31
Town 1 South, Range 9 East and proceeding thence South 89
degrees 58 minutes 30 seconds West 316 74 feet; thence South
00 degrees 01 minutes 20 seconds East 50.00 feet; thence
South 89 degrees 58 minutes 30 seconds West 20 00 feet to a
point on the east line of proposed Stonehouse Estates
Subdivision; thence North 00 degrees 01 minutes 20 seconds
West 70.00 feet along the east line of proposed Stonehouse
Estates Subdivision; thence North 89 degrees 58 minutes 30
seconds East 335.96 feet; thence South 02 degrees 13 minutes
20 seconds East 20 09 feet along the West right-of-way line
of Newburgh Road to the point of beginning. Tax Parcel No.
124-99-0021-000
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Grants of Easement 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 Jurcisin, seconded by McGee, and unanimously
im. adopted, it was:
27336
#899-92 RESOLVED, that having considered a communication from
im.
the Livonia Arts Commission, dated November 5, 1992, approved by
the Finance Director and approved for submission by the Mayor,
the Council does, for and on behalf of the City of Livonia,
accept the gift from Mr. Dennis Kapp of an intaglio print,
"Creation Evolution," by Livonia artist Jeanne Poulet, to the
Livonia Arts Commission collection.
On a motion by Taylor, seconded by Jurcisin, and unanimously
adopted, it was:
#900-92 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of several items that did not appear
on the agenda
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was:
#901-92 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
November 18, 1992, submitted pursuant to Council Resolution
842-92 in connection with the report and recommendation of the
City Engineer, dated October 19, 1992, which bears the signature
of the Finance Director and is approved for submission by the
Mayor, wherein it is recommended that the City retain a
consulting firm for engineering services which will include
environmental assessment, surveying, geotechnical work, design,
layout, inspection and contract administration, in connection
with the construction of the proposed Merriman Road and CSX
Railroad Grade Separation project, the Council does hereby
authorize the Engineering and Law Departments to prepare and
submit to the Council an agreement between the firm of Spalding,
DeDecker & Associates, Inc. , 655 West 13 Mile Road, Madison
Heights, Michigan 48071, and the City of Livonia for the purpose
of having said firm provide the preliminary and construction
engineering services for this project for the estimated fee of
$580,326.11; FURTHER, the action herein is taken in accordance
with Section 3.04.140.D.2 of the Livonia Code of Ordinances, as
amended.
On a motion by Taylor, seconded by JurciSin, and unanimously
adopted, it was:
#902-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 18,
1992, submitted pursuant to Council Resolution 278-90 in
connection with the communication from the Mayor, dated March 8,
1990, with regard to the widening of Eight Mile Road from 1-275
east to Newburgh Road from its current two (2) lanes to five (5)
lanes, and the need in this regard to move the stone wall in
front of the Hill House, the Council does hereby approve in
27337
concept the recommended wall relocation plan as herein presented;
Im. FURTHER, that any funding for this project should be allocated
from post office funds or other appropriate Greenmead funds.
On a motion by Jurcisin, seconded by Taylor, it was
#903-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 18,
1992, submitted pursuant to Council Resolution 804-92 in
connection with a communication from the City Assessor, dated
September 29, 1992, approved for submission by the Mayor, with
regard to a request from Mr. James Redmond, 21995 River Ridge
Trail, Farmington Hills, Michigan 48335, and in accordance with
the provisions of 1967 PA 288, as amended, as well as Section
18 46 of Ordinance 543, as amended, the Council does hereby
approve of the proposed division and combination of Tax Item Nos.
46 005 01 0176 000 and 46 005 01 0177 000 into two parcels, the
legal descriptions of which shall read as follows:
Parcel A: The East 62.15 feet of lots 176 and 177, "Storm
and Fowler's Country Crest Subdivision" of part of the
Northeast 1/4 of Section 2, T 1S , R. 9E. , Livonia Twp ,
now City of Livonia, Wayne County, Michigan. Rec'd L. 42,
P 74 Plats, Wayne County Records
Parcel B: The West 69.16 feet of lots 176 and 177, "Storm
and Fowler's Country Crest Subdivision" of part of the
Northeast 1/4 of Section 2, T. 1S , R 9E , Livonia Twp. ,
now City of Livonia, Wayne County, Michigan. Rec'd L. 42,
P. 74 Plats, Wayne County Records
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, Jurcisin, Taylor, and Toy.
NAYS: Ochala, Feenstra, and Kavanagh.
The President declared the resolution adopted.
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was:
27338
#904-92 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 18,
1992 and submitted pursuant to Council Resolution 811-92 in
connection with a communication from the City Planning
Commission, dated October 9, 1992, which transmits its resolution
9-472-92, adopted on September 29, 1992, with regard to Petition
92-9-2-30, submitted by Jonna Companies, requesting waiver use
approval to construct a Target Store on property located on the
south side of Eight Mile Road between 1-275 and Haggerty Road in
the Northwest 1/4 of Section 6, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 92-9-2-30 is hereby approved and
granted, subject to the following conditions:
1) That Phase 1 of Site Plan sheet SP1 dated 9-29-92, as
revised, and as further revised dated 11/4/92, prepared by
JRJ Group, Architects, which is hereby approved, shall be
adhered to;
2) That the Building Elevation Plan sheet P1r93 dated 9-25-92
and as revised dated 10/26/92, prepared by RSP Architects
Ltd. , which is hereby approved, shall be adhered to; and
3) That a fully developed landscaped plan shall be submitted to
the Planning Commission and City Council for approval within
thirty (30) days of the date of this resolution
imam On a motion by Kavanagh, seconded by Feenstra, it was:
#905-92 RESOLVED, that the Council does hereby determine to
rescind Council Resolution 590-92, adopted on July 22, 1992,
wherein the Council did deny 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 from RUF-C to C-1.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and Toy.
NAYS: McGee.
The President declared the resolution adopted.
On a motion by Kavanagh, seconded by Feenstra, it was:
#906-92 RESOLVED, that having considered the report and
recommendation of the City Planning Commission, dated December
18, 1990, which sets forth its resolution 12-504-90, adopted on
December 11, 1990, with regard to Petition 90-11-1-31, submitted
L. by Dominic Soave for a change of zoning on property located on
27339
the east side of Newburgh Road north of Seven Mile Road in the
Imo Northwest 1/4 of Section 5, 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 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
AYES: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and Toy.
NAYS: McGee.
The President declared the resolution adopted.
No one wished to speak during the audience communication portion
at the end of the meeting.
The City Attorney, Harry Tatigian, was congratulated on the birth
of his granddaughter, Kristen Ann Dodge, on Sunday, November 22, 1992.
Kristen weighed 9 lbs 11 oz. and was 21-3/4" long at birth.
On a motion by Ochala, seconded by Feenstra, and unanimously
adopted, this 1,237th Regular Meeting of the Council of the City of Livonia
was adjourned at 9:35 p.m. , November 23, 1992.
ian McCotter, City Clerk