HomeMy WebLinkAboutCOUNCIL MINUTES 1996-05-08 29494
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TWENTIETH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On May 8, 1996, the above meeting was held at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8 00 p m Councilmember Feenstra delivered the invocation
Roll was called with the following result. Fernon P Feenstra, Maureen
Miller Brosnan, Val Vandersloot, Gerald Taylor, Brian Duggan, and Joe Laura Absent.
Michael P McGee (out of town on business)
Elected and appointed officials present. Jack E Kirksey, Mayor; John
Nagy, City Planner; Raul Galindo, City Engineer; Sean P Kavanagh, City Attorney;
Joan McCotter, City Clerk, Michael T Slater, Finance Director; Linda McCann, Director
of Community Resources, and Robert J Beckley, Director of Public Works
Bruce Rosa, Scout Master, and the Boy Scouts of Troop 1045 from
Farmington Hills, ages 12 and 13, were acknowledged at the meeting The scouts
were working on a communications badge
On a motion by Taylor seconded by Brosnan, and unanimously adopted,
it was
#420-96 RESOLVED, that the minutes of the 1,319th Regular
Meeting of the Council of the City of Livonia, held April 24, 1996, are
hereby approved as submitted
At the direction of the Chair, Items 26a and 44 were removed from the
Agenda (due to Councilmember McGee's absence) and are to be placed on the
Regular Meeting Agenda of May 22, 1996
During the audience communication portion of the meeting, Michael
Driscoll, 19229 Shadyside, indicated he was disappointed at the way the Committee of
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the Whole meeting was conducted regarding the subject of the term limits ordinance,
and Ralph Williams, 18630 Foch, addressed the topic of the City's solid waste contract
with Waste Management. He indicated that since this matter would be coming up
shortly for new bids that the Council should investigate prices other communities are
paying for this service
Mayor Kirksey indicated that the next City Newsletter coming out in June
would contain information pertaining to Mr William's concerns and the City's various
waste programs
On a motion unanimously introduced, seconded and adopted, it was
#421-96 WHEREAS, the Kids Count in Michigan Report conducted
by the Michigan League for Human Services and Michigan State
University verifies that an increasing and substantial number of children in
Wayne, Oakland and Macomb counties are at risk as a result of poverty
and hunger; and
WHEREAS, poverty adversely affects birth weight, child deaths, abuse
and neglect, education and the general health of children, and those of us
who do not know hunger have a responsibility to feed the hungry; and
WHEREAS, the National Association of Letter Carriers (NALC) is
sponsoring the fourth National Food Drive Day on Saturday, May 11,
1996, with the NALC Branch One in the City of Livonia participating, and
WHEREAS, the cost of inaction is too high, particularly in the face of
many negative outcomes for children which are preventable
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City
Council of the City of Livonia fully endorse and support the National
Association of Letter Carriers Food Drive, and publicly advocate that the
residents of Livonia, Michigan leave non-perishable food at their
mailboxes on Saturday, May 11, 1996, and that the City of Livonia
proclaims Saturday, May 11, 1996, as National Association of Letter
Carriers Food Drive Day
Councilmember Feenstra recognized City Channel 8 cameraman Richard
Arthur, who was named this past week as "Volunteer of the Year "
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A communication from the Department of Finance, dated April 18, 1996,
re forwarding various financial statements of the City of Livonia for the month ending
March 31, 1996, was received and placed on file for the information of the Council
On a motion by Feenstra, seconded by Brosnan, it was
#422-96 RESOLVED, that having considered an application from
Alice Melat-Liston, 30537 Jeanine, dated April 10, 1996, requesting
permission to close Jeanine, between Sunset and Hillcrest, on Saturday,
June 1, 1996, from 4 00 p m to 8 30 p m for the purpose of conducting a
block party, the Council does hereby grant permission as requested, the
action taken herein being made subject to the approval of the Police
Department.
#423-96 RESOLVED, that having considered an application from
Terry Lambert, 33051 Perth, dated April 15, 1996, requesting permission
to close Perth Street, between 33051 and 32923 Perth, on Saturday, July
13, 1996, from 1 00 p m to 9 00 p m for the purpose of conducting a
block party, the Council does hereby grant permission as requested,
including therein permission to conduct the said affair on Saturday, July
20, 1996, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
#424-96 RESOLVED, that having considered Petition 96-4-3-2,
submitted by Kevin D Hewitt, dated April 4, 1996, wherein a request is
submitted for the vacating of a portion of a certain 20' easement located
on Lot 82, Heatherlea Drive, in the Caliburn Estates Subdivision No 2,
known as Woodbury Park Subdivision, in the Northwest 1/4 of Section 8,
the Council does hereby refer this item to the City Planning Commission
for action and recommendation in accordance with provisions of law and
City ordinance
A communication from Carol Gibson, General Manager of Time Warner
Cable of Livonia, dated April 15, 1996, re submitting the twelfth annual report of same
was received and placed on file for the information of the Council
#425-96 RESOLVED, that having considered a communication from
James M Inglis, Executive Director of the Housing Commission, dated
April 23, 1996, approved for submission by the Mayor, regarding the
current and future need of senior citizen housing and possible location of
sites for the future development of such housing in the City of Livonia, the
Council does hereby refer this matter to the Committee of the Whole for
its report and recommendation
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#426-96 RESOLVED, that having considered the report and
recommendation of the Livonia Cable Television Commission, dated April
16, 1996, which bears the signature of the Finance Director and the
Director of Community Resources, and is approved for submission by the
Mayor, and which transmits Livonia Cable Television Commission
resolution 246-96 adopted on April 8, 1996, regarding recommended
proposed vendors to conduct a needs assessment and performance
review in connection with the cable television franchise renewal process,
the Council does hereby concur in the recommendation of the Livonia
Cable Television Commission and does hereby direct that interviews shall
be conducted with representatives from River Oaks Communications
Corporation, 105 East Vermijo, Suite 600, Colorado Springs, Colorado
80903, and Rice, Williams Associates, 601 Pennsylvania Avenue, N W ,
Suite 900, Washington, DC 20004, in order to select the most qualified
vendor to perform such services, FURTHER, the Council does hereby
refer this matter to the Committee of the Whole for its report and
recommendation
A communication from the Division of Fire, dated April 8, 1996, re
forwarding a report and recommendation with regard to home businesses and the
Firefighter Right-to-Know (RTK) Program was received and placed on file for the
information of the Council (CR 211-96 and CR 280-96)
#427-96 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated April 8, 1996, approved for
submission by the Mayor regarding home businesses, the Council does
hereby refer this subject to the Inspection Department to insure that the
recommendations listed therein be coordinated with other enforcement
efforts to be conducted with respect to home occupations
#428-96 RESOLVED, that having considered the report and
recommendation of the City Librarian, dated April 16, 1996, which bears
the signature of the Finance Director and is approved for submission by
the Mayor, regarding the establishment of a temporary classification of
Substitute Librarian at the hourly wage of $12 50 per hour, such hourly
rate to increase to $13 50 after 100 hours of service, with no benefits and
no seniority rights attached to this classification, which proposal was
approved by the Civil Service Commission at its meeting of April 11,
1996, the Council does hereby approve and concur in the establishment
of the temporary classification of Substitute Librarian which shall have an
hourly rate as hereinbefore set forth, with no benefits and no seniority
rights
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#429-96 RESOLVED, that having considered a communication from
the Planning Director, dated April 22, 1996, wherein it is requested that
Council Resolution 204-96 be amended to cite the correct section of the
Zoning Ordinance, the Council does hereby amend and revise Council
Resolution 204-96 so as to have the same read as follows
RESOLVED, that having considered a communication
from the City Planning Commission, dated February 22, 1996,
which transmits its resolution 2-24-96, adopted on February 13,
1996, with regard to Petition 96-1-2-1, submitted by V C Inc.
requesting waiver use approval to utilize an SDM license in
connection with a store located on the north side of Six Mile Road
between Dolores Drive and Inkster Road in the Southeast 1/4 of
Section 12, which property is zoned PO-Ill (currently petitioned to
C-2), the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 96-1-2-1 is hereby
approved and granted, FURTHER, the Council does hereby waive
the 500' limitation set forth in Section 11 03(r)(1) of the Zoning
Ordinance with respect to this item
#430-96 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 20, 1995, and the
report and recommendation from the Chief of Police, dated April 3, 1996,
in connection therewith, approved for submission by the Mayor, the
Council does hereby determine that it has no objection to and does
recommend approval of the request from V C , Inc for a new SDM license
to be located at 27428 Six Mile Road, Livonia, Michigan 48152, Wayne
County; and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission
#431-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 9, 1996, and
the report and recommendation of the Chief of Police, dated April 22,
1996, which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby accept the bid of
Ericsson, Inc., Private Radio Systems, 4000 Towncenter, Suite 610,
Southfield, Michigan 48075, for the purchase and installation of a new
radio communication system to be utilized by the Police, Fire, and
Department of Public Services Divisions, for the sum of $1,917,006 72,
the same having been in fact the lowest bid received and meets all
specifications, and the bid of Motorola is hereby rejected for the reasons
indicated in the attachment; FURTHER, the Council does hereby
appropriate a sum not to exceed $420,000 00 from accumulated E-911
surcharges collected to date, with the balance of the project costs to be
funded through installment purchase financing to be repaid by collection
of future E-911 surcharges for this purpose, and the Chief of Police is
hereby authorized to approve any minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby authorized
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to execute a contract for and on behalf of the City of Livonia with the
aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution, FURTHER, the Council does hereby
authorize the Finance Director to solicit quotes from local banks to obtain
the necessary installment purchase financing
A communication from the Office of the Mayor, dated April 11, 1996, re
the investigation of an incident on Saturday, March 30, 1996, at Mt. Hope Cemetery
regarding illegal discharge of firearms was received and placed on file for the
information of the Council (CR 307-96)
#432-96 RESOLVED, that having considered a communication from
the Mayor, dated April 16, 1996, wherein he has requested approval of
the appointment of Dennis Kujawa, 14869 Park, Livonia, Michigan 48154,
to the Livonia Plymouth Road Development Authority as a resident
member at large for a four-year term expiring May 16, 2000, pursuant to
Section 3 16 060 of the Livonia Code of Ordinances, as amended, and
Act No 197 of the Public Acts of Michigan of 1975, as amended, the
Council does hereby confirm and approve such appointment provided that
he takes the Oath of Office as required in Section 2, Chapter X of the City
Charter, to be administered by the Office of the City Clerk.
#433-96 RESOLVED, that having considered a communication from
the Mayor, dated April 18, 1996, wherein he has requested approval of
the appointment of Donald A. Gelinas, 36200 Plymouth Road, Livonia,
Michigan 48150, to the Livonia Plymouth Road Development Authority as
a business interest or owner for a four-year term expiring May 16, 2000,
pursuant to Section 3 16 060 of the Livonia Code of Ordinances, as
amended, and Act No 197 of the Public Acts of Michigan of 1975, as
amended, the Council does hereby confirm and approve such
appointment provided that he takes the Oath of Office as required in
Section 2, Chapter X of the City Charter, to be administered by the Office
of the City Clerk.
#434-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 17, 1996,
which bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Spartan Distributors, Inc , 487 W Division Street, Sparta, Michigan
49345, for supplying the Public Service Division (Whispering Willows, Idyl
Wyld, and Fox Creek Golf Course Sections) with three (3) 3-reel riding
greensmowers, for the net price of$36,857 00, based on a total price of
$39,357 00 less trade-ins of $2,500 00, the same having been in fact the
lowest bid received and meets all specifications
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#435-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 17, 1996,
which bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Commercial Lawnmower, Inc., 34955 Plymouth Road, Livonia, Michigan
48150, for supplying the Public Service Division (Whispering Willows and
Fox Creek Golf Course Sections) with two (2) turf vehicles (18 HP), for the
net price of $14,250 00, based on a total price of $14,650 00 less trade-
ins of $400 00, the same having been in fact the lowest bid received and
meets all specifications
#436-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 17, 1996,
which bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Commercial Lawnmower, Inc., 34955 Plymouth Road, Livonia, Michigan
48150, for supplying the Public Service Division (Equipment Maintenance
Section) with one (1) 4-wheel drive hydraulic mower, for the net price of
$22,375 00, based on a total price of$23,375 00 less trade-in of
$1,000 00, the same having been in fact the lowest bid received and
meets all specifications
#437-96 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated April 10, 1996,
approved for submission by the Mayor, and to which is attached (as
Exhibit A) a summary of quotes received for the lease purchase of copy
machines for various City departments, the Council does hereby
authorize the lease of Lanier copy machines from Lanier Worldwide, Inc.,
38701 W Seven Mile Road, Suite 260, Livonia, Michigan 48152, for a 48-
month period for amounts, items and prices indicated under Option B on
the aforementioned Exhibit A, at the end of which time title to the copiers
will be transferred to the City; FURTHER, the Council does hereby
authorize the said action herein without competitive bidding in accordance
with Section 3 04 140DE of the Livonia Code of Ordinances, as amended
#438-96 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 18, 1996, which
bears the signatures of the Finance Director and the City Engineer, and is
approved for submission by the Mayor, submitted pursuant to Council
Resolution 327-95, with respect to the Milburn Avenue Realignment
Project and the acquisition of vacant land located at 30496 Plymouth
Road (Toma and George Palushaj), the Council does hereby refer this
matter to the Streets, Roads and Plats Committee for its report and
recommendation
#439-96 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 18, 1996, which
bears the signatures of the Finance Director and the City Engineer, and is
29501
approved for submission by the Mayor, submitted pursuant to Council
Resolution 327-95, with respect to the Milburn Avenue Realignment
Project and the acquisition of right-of-way located at 30499 Plymouth
Road (Peter Ventura), the Council does hereby refer this matter to the
Streets, Roads and Plats Committee for its report and recommendation
#440-96 WHEREAS, condemnation proceedings are periodically
undertaken by the City of Livonia in connection with various public
improvements, and
WHEREAS, the City of Livonia is currently engaged in a lengthy and
complex condemnation case in connection with a large grade separation
project involving City, County and federal participation, and
WHEREAS, the City of Livonia has experienced certain delays and costs
in this ongoing condemnation case which are attributable in large
measure to the existing provisions of Act 87, the Uniform Condemnation
Procedures Act, and
WHEREAS, SB 778 would have a beneficial impact on local units of
government by helping reduce the cost of acquiring property for
government projects and alleviating the frustrating and needlessly costly
effects of current condemnation law;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia does hereby take this means to indicate its support of SB 778
and to urge passage of this important legislation to control increased
municipal costs associated with condemnation actions, FURTHER, the
City Clerk is hereby requested to send a copy of this resolution to
Governor Engler, State Senator R Robert Geake, State Representatives
Lyn Banks and Gerald Law, the Council of Western Wayne and the
Michigan Municipal League
#441-96 RESOLVED, that Biltmore Properties, 2025 W Long Lake
Road, Suite 104, Troy, MI 48098, as proprietors, having requested the
City Council to approve the proposed preliminary plat of the following
subdivision Caliburn Manor Subdivision No 3, to be located south of
Seven Mile Road, west of Newburgh Road, in the Northeast 1/4 of
Section 7, City of Livonia, Wayne County, Michigan, the said proposed
preliminary plat being dated May 17, 1995, and it further appearing that
tentative approval of such preliminary plat was given by the City Planning
Commission, after due notice and a public hearing on May 2, 1995, and it
further appearing that such preliminary plat, together with development
plans and specifications for improvements therein have been examined
and approved by the Engineering Department as is set forth in the report
of that department dated April 19, 1996, therefore, the City Council does
hereby approve of the said preliminary plat on the following conditions
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(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, including the Subdivision Control
Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia
Code of Ordinances, as amended, the Subdivision Regulations of the
Planning Commission, the regulations and specifications of the
Engineering Department and the Development Plans submitted by the
proprietor and approved by such department, all such improvements to be
constructed, installed, accomplished and completed within a period of two
(2) years from the effective date of this resolution, failing this, the
approval contained herein shall be considered null, void and of no effect
whatsoever;
(2) That all inspection fees and other charges due to the City of
Livonia shall be fully paid at the time and in the manner provided in the
said Subdivision Control Ordinance, as amended,
(3) That the installation of all such improvements shall be subject at
all times to the supervision and inspection and final approval of the
Engineering Department, and such improvements shall not be considered
as having been satisfactorily and completely installed until there is filed
with the City Council the certificate as provided in Section 16 24 370 of
the said Subdivision Control Ordinance, as amended,
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in the
prescribed manner, all improvements required to the extent required by
the City of Livonia and as shown on the approved development plans,
(5) That the final true record plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Planning
Commission as evidence that such plat is in compliance with existing
Subdivision Regulations,
(6) That the final true plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Council within
two (2) years from the effective date of this resolution, the City Council
shall approve final plats of the aforesaid proposed subdivision if drawn in
substantial conformity with the proposed plat as approved herein, and
provided there has been compliance with all other requirements of State
Statue, the Subdivision Control Act, the Subdivision Control Ordinance
and this resolution,
(7) That, for the purpose of obtaining approval of final plats prior to
the completion of all required improvements the proprietor may file with
the City of Livonia a corporate surety bond, certified check, cash bond,
irrevocable letter of credit, or other financial assurance in such form as
may be approved by the Department of Law guaranteeing the satisfactory
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installation of all such improvements, utilities and grading by the
proprietor within the prescribed period, that in the event the proprietor
elects to deposit such financial assurances the same shall be in the
following amounts
A. General Improvement Bond $475,000 00 of which at least
$ 10,000 00 shall be in cash
B Sidewalk Bond $ 62,000 00 of which at least
$ 5,000 00 shall be in cash
C Grading & Soil Erosion $ 5,000 00 all cash
D Landscaping $ 12,000 00 of which at least
$ 3,000 00 shall be in cash
E Monuments & Lot Markers $ 1,735 00 (all cash)
and require cash payments in the total amount of $40,430 00 In addition,
distribution lines for telephone and electric services are to be placed
underground and ornamental street lights are to be provided throughout
the subdivision
#442-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 9, 1996, approved for
submission by the Mayor, with regard to a request from the Wayne
County Department of Public Services that the City take jurisdiction and
control of a section of 10" storm sewer to be constructed in connection
with the development of an office building site located at 15622 and
15624 Farmington Road, the Council does hereby determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans and further that the City will accept jurisdiction and
maintenance (at no expense to the County) of approximately 15 I f
of 10" storm sewer within the Farmington Road right-of-way in
connection with the development of the aforementioned site
located on the east side of Farmington Road in the Southwest 1/4
of Section 15, (See attached letter from Aldo Abate indicating his
willingness to reimburse the City for any such maintenance that
may become necessary), and
2 To authorize the City Engineer to execute a Wayne County permit
on behalf of the City of Livonia in connection with the above storm
sewer construction
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#443-96 RESOLVED, that the Council does hereby refer the subject
of the "saw cut" on Fairfield Avenue, north of Six Mile Road
(approximately 600' from the intersection), to the Engineering Department
for its report and recommendation
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Feenstra, Brosnan, Vandersloot, Taylor, Duggan, and Laura
NAYS None
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#444-96 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 16, 1996,
submitted pursuant to Council Resolution 421-95, with respect to the
matter of insuring that the State meets it obligations according to the
Headlee Amendment and avoids "unfunded mandates," the Council does
hereby determine to take no further action with respect to this matter
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#445-96 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 16, 1996,
submitted pursuant to Council Resolution 421-95, with respect to the
matter of insuring that the State meets it obligations according to the
Headlee Amendment and avoids "unfunded mandates," the Council does
hereby direct that the subject matter of State obligations under the
Headlee Amendment and the avoidance of "unfunded mandates" shall
remain in the City of Livonia MML Legislative Coordinators Caucus
Agenda
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#446-96 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 16, 1996,
submitted pursuant to Council Resolution 867-95, with respect to the
matter of the possible amendment of Section 050 of Chapter 4, Title 2
(Meetings - Order of Business) of the Livonia Code of Ordinances, as
amended, regarding possible changes to rules and procedure pertaining
to audience communication, the Council does hereby request that the
Department of Law issue a legal opinion responding to the following
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question Are the practices utilized by the cities of Ann Arbor and
Farmington Hills for Audience Communication in accordance with the
Open Meetings Act?
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#447-96 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 16, 1996,
submitted pursuant to Council Resolution 867-95, with respect to the
matter of the possible amendment of Section 050 of Chapter 4, Title 2
(Meetings - Order of Business) of the Livonia Code of Ordinances, as
amended, regarding possible changes to rules and procedure pertaining
to audience communication, the Council does hereby request that the
Department of Law issue a legal opinion responding to the following
question Does a person have a lawful right to speak an unlimited
number of times on the same agenda item, and, with respect to the
applicable provisions in the Livonia Code of Ordinances, does such
individual have the lawful right to speak more than one time on one
particular issue during Audience Communication?
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#448-96 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 16, 1996,
submitted pursuant to Council Resolution 43-96, and the report and
recommendation of the Department of Law, dated January 16, 1996, with
respect to the subject of adherence to notice requirements as set forth in
the Open Meetings Act, the Council does hereby refer the subject of the
procedures utilized by the City Clerk's Office to insure compliance with
the notice requirements set forth in the Open Meetings Act to the City
Clerk for a report and recommendation
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#449-96 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
April 17, 1996, submitted pursuant to Council Resolutions 58-89 and
1163-89, regarding the matter of sidewalks being installed on school
property and the question of the apportionment of costs of said sidewalk
installation, the Council does hereby determine to take no further action
with respect to this matter
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Ona motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#450-96 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
April 17, 1996, submitted pursuant to Council Resolution 495-91,
regarding the matter of school participation in the cost involved for traffic
signal modernization, the Council does hereby determine to take no
further action with respect to this matter
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#451-96 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
April 17, 1996, submitted pursuant to Council Resolution 153-93,
regarding the subject of cost sharing and traffic problems in the immediate
area of Stevenson High School, the Council does hereby refer the matter
of possible improvement of the Stevenson High School traffic flow and
Newburgh Road, south of Five Mile Road near Ladywood High School, to
the Traffic Commission for its report and recommendation
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#452-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 22, 1996,
submitted pursuant to Council Resolution 431-95, concerning "Agenda
Livonia 1995" and the matter of establishing a Livonia Community
Foundation, the Council does hereby determine to take no further action
with respect to this matter
The City of Livonia (Financial Report with Additional Information dated
November 30, 1995), District Court Funds of District No 16 of the City of Livonia
(Financial Report with Additional Information dated November 30, 1995), Economic
Development Corporation of the City of Livonia (Financial Report dated November 30,
1995) and the Federal Financial Assistance Programs of the City of Livonia
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(Supplemental Information dated November 30, 1995), prepared by Plante & Moran,
LLP, were received and placed on file for the information of the Council (CR 318-96)
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#453-96 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
April 23, 1996, submitted pursuant to Council Resolution 318-96, the
Council does hereby refer the subject of procedures relating to receipt of
cash by the City to the Director of Finance for a report and
recommendation
Taylor gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 93-11-3-5)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 7 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 95-5-1-11)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES Feenstra, Brosnan, Vandersloot, Taylor, Duggan, and Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
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From the audience, Tom Malcolm, 38952 Reo Drive, thanked the Council and
Mayor for their involvement in the aforementioned rezoning (he lives in Quakertown
Subdivision)
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#454-96 RESOLVED, that the Council does hereby refer to the
Streets, Roads and Plats Committee for its report and recommendation
the subject of the closure of Quakertown Lane approximately 300' from
the intersection of Meetinghouse Lane
Taylor took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 14 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 95-9-1-20)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Brosnan, Vandersloot, Taylor, Duggan and Laura
NAYS Feenstra
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Vandersloot took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 9 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 95-10-1-21)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Brosnan, Vandersloot, Taylor, Duggan and Laura
NAYS Feenstra
29509
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 8 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 95-10-1-22)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Vandersloot, Taylor, Duggan and Laura
NAYS Feenstra
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
From the audience, Andrew Pastir, 18262 Golfview, commented on the work that
needed to be done to make Denmar Park a nature preserve and was interested in the
report from Public Service re CR 237-96
Duggan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 20 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 95-10-1-23)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Vandersloot, Taylor, Duggan and Laura
NAYS Feenstra
29510
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Taylor took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 21 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE Ill
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 95-10-1-24)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Brosnan, Vandersloot, Taylor, Duggan and Laura.
NAYS Feenstra
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#455-96 RESOLVED, that the Council does hereby refer the Nature
Preserves (NP) ordinance language to the Legislative Committee for its
report and recommendation
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#456-96 RESOLVED, that having considered a communication from
Scott C Dziadosz, received in the Office of the City Clerk on April 18,
1996, requesting to purchase City-owned property located at 9864 Stark
(Wayne County Parcel Number 129-01-0092-003), the Council does
hereby refer this matter to the Department of Law for its report and
recommendation
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
29511
#457-96 RESOLVED, that the Council does hereby request that the
Inspection Department solicit quotes for the possible demolition of the
home located on City-owned property at 9864 Stark Road in accordance
with the provisions of City ordinance and law, subject to final approval by
the Council prior to commencement of demolition
On a motion by Taylor, seconded by Duggan, it was
RESOLVED, that having considered a communication from
Charles G Tangora on behalf of Exhibit Works, Inc , dated April 18, 1996,
which transmits an offer to purchase an additional 14,250 square feet of
vacant land owned by the City of Livonia, located adjacent to and
immediately south of the land previously authorized to be sold to Exhibit
Works, Inc. in Council Resolution 796-95 (which land is located to the
west of Exhibit Works, Inc. buildings on Merriman Road), the Council
does hereby accept the offer to purchase such additional City-owned
property submitted by Exhibit Works, Inc , 13211 Merriman Road, Livonia,
Michigan, the description of which is as follows
The South 350 feet of the North 780 feet of the West 150 feet of
the East 975 feet of the South 1/2 of the N E. 1/4 of Section 27, T
1 S , R. 9 E , City of Livonia, Wayne County, Michigan (Part of
#105-99-0043-004)
and
That part of a vacated public right-of-way commonly known as
Industrial Road being more particularly described as follows
The East 150 feet of a parcel of land in the N E 1/4 of Section 27,
T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan,
described as follows.
Beginning at the center 1/4 corner of Section 27, T 1 S , R. 9 E
and proceeding thence N 0°26'20" E , 49 50', thence along the N
line of the C & 0 Railroad right-of-way, S 89°29'50" E., 860 88',
thence N 0°07'33" W , 494 93' to the point of beginning of the
parcel herein described, thence S 89°29'50" E , 977 36', thence N
0°07'30" W , 30 00', thence N 89°29'50" W , 977 36', thence S
0°07'30" E , 30 00' to the point of beginning, containing 0 673
acres
FOR THE ADDITIONAL SUM OF $14,000, which sale is conditioned
upon the purchaser providing such title work as may be required for this
transaction, the action herein being taken in order to best serve the
interests of the community and in accordance with Section 3 05 090(a) of
the Livonia Code of Ordinances, as amended, and the Department of Law
is hereby requested to prepare and place in proper form such legal
29512
documents as may be necessary to consummate this transaction in
conjunction with the sale of adjacent land previously authorized in Council
Resolution 796-95, and the Mayor and City Clerk are hereby authorized
for and on behalf of the City of Livonia to execute a Quit Claim Deed for
the entire parcel (total purchase price of which shall be $57,000 00) and
such other documents as may be necessary or incidental to fulfill the
purpose of this resolution
A roll call vote was taken on the foregoing resolution with the following result.
AYES Taylor, Duggan, and Laura.
NAYS Feenstra, Brosnan, and Vandersloot.
The President declared the resolution denied
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#458-96 RESOLVED, that having considered a communication from
Charles G Tangora on behalf of Exhibit Works, Inc , dated April 18, 1996,
which transmits an offer to purchase an additional 14,250 square feet of
vacant land owned by the City of Livonia, located adjacent to and
immediately south of the land previously authorized to be sold to Exhibit
Works, Inc in Council Resolution 796-95 (which land is located to the
west of Exhibit Works, Inc. buildings on Merriman Road), the Council
does hereby refer the question of whether the administration is in
concurrence with the proposed sale to the Mayor for a report and
recommendation
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#459-96 RESOLVED, that the Council does, in accordance with
Section 23 01(a) of Zoning Ordinance 543, hereby request that the City
Planning Commission conduct a public hearing and thereafter submit its
report and recommendation on the question of whether the additional
14,250 square feet of vacant land owned by the City of Livonia, located
adjacent to and immediately south of the land previously authorized to be
sold to Exhibit Works, Inc. in Council Resolution 796-95 (which land is
located to the west of Exhibit Works, Inc. buildings on Merriman Road)
should be rezoned from PL to a more appropriate zoning classification,
such as M2
29513
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#460-96 RESOLVED, that having considered a communication from
Charles G Tangora on behalf of Exhibit Works, Inc , dated April 18, 1996,
requesting to purchase an additional 14,250 square feet of vacant land
owned by the City of Livonia, located adjacent to and immediately south
of the land previously authorized to be sold to Exhibit Works, Inc in
Council Resolution 796-95 (which land is located to the west of Exhibit
Works, Inc. buildings on Merriman Road), the Council does hereby refer
the subject of the vacating of a certain street located at the south end of
the subject property to the City Planning Commission for action and
recommendation in accordance with provisions of law and City ordinance
On a motion by Duggan, seconded by Taylor, and unanimously adopted,
it was
#461-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 16, 1996,
which bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby authorize Waste
Management of Michigan-Detroit North, 19200 W Eight Mile Road,
Southfield, Michigan 48075, to receive waste at the Woodland Meadows
facility and to provide for the composting of yard waste at the tipping rate
of $5 95 per cubic yard for the period April 8, 1996, to September 30,
1996, FURTHER, the Council does hereby authorize the said item without
competitive bidding in accordance with Section 3 04 140D4 of the Livonia
Code of Ordinances, as amended, FURTHER, the Council does hereby
authorize such expenditure from funds already budgeted in Account No
205-527-818-030 for this purpose, 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 firm and to do all things necessary or incidental
to the full performance of this resolution
From the audience, Ralph Williams, 18630 Foch, asked the Council to obtain
competitive bids regarding the aforementioned yard waste composting matter
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#462-96 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated April 19, 1996, which bears the signature of the
Finance Director and is approved for submission by the Mayor, which
transmits a proposed agreement between the City of Livonia and Mid-
29514
Michigan Recycling, LC , Fairlane Plaza South, 330 Town Center Drive,
Suite 1000, Dearborn, Michigan 48126-2712, to establish a Wood Waste
Receiving/Recycling Yard on City property adjacent to the Drop-Off
Recycling Center on Glendale Avenue, the Council does hereby take this
means to approve such proposed pilot Wood Waste Recycling Yard
project in the manner and form indicated in the aforesaid communication,
and the Mayor and City Clerk are hereby authorized for and on behalf of
the City of Livonia to execute such agreement subject to approval as to
form by the Department of Law
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
#463-96 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated April 19, 1996, which bears the signature of the
Finance Director and is approved for submission by the Mayor, regarding
the proposed establishment of a Wood Waste Receiving/Recycling Yard
on City property adjacent to the Drop-Off Recycling Center on Glendale
Avenue, the Council does hereby refer the subject of existing procedures
regarding brush pickup and possible coordination of such activities with
the proposed pilot Wood Waste Recycling Yard project to the Department
of Public Works for its report and recommendation
On a motion by Taylor, seconded by Vandersloot, it was
#464-96 RESOLVED, that the Council does hereby request that the
administration explore the subject of a possible amendment to the
Compost Ban Law with the City's lobbyist to allow for an exception therein
to enable the City to utilize its Type Ill landfill for disposal of yard waste
A roll call vote was taken on the foregoing resolution with the following result.
AYES Brosnan, Vandersloot, Taylor, Duggan, and Laura
NAYS Feenstra
The President declared the resolution adopted
On a motion by Vandersloot, seconded by Duggan, it was
#465-96 RESOLVED, that having considered a communication from
Councilmember Val Vandersloot, dated April 19, 1996, concerning
possible dangerous traffic conditions on Seven Mile Road between Levan
and Wayne Roads, the Council does hereby refer this item to the Traffic
Commission for its report and recommendation
29515
A roll call vote was taken on the foregoing resolution with the following result.
AYES Brosnan, Vandersloot, Taylor, Duggan, and Laura
NAYS Feenstra
The President declared the resolution adopted
On a motion by Vandersloot, seconded by Duggan, it was
#466-96 RESOLVED, that having considered a communication from
Councilmember Val Vandersloot, dated April 19, 1996, concerning
possible dangerous traffic conditions on Seven Mile Road between Levan
and Wayne Roads, the Council does hereby refer the subject of the traffic
conditions on Seven Mile Road between Levan and Newburgh Roads to
the Traffic Commission for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result.
AYES Brosnan, Vandersloot, Taylor, Duggan, and Laura.
NAYS Feenstra
The President declared the resolution adopted
On a motion by Duggan, seconded by Taylor, and unanimously adopted,
it was
#467-96 RESOLVED, that having considered a communication from
Councilmember Val Vandersloot, dated April 19, 1996, concerning
possible dangerous traffic conditions on Seven Mile Road between Levan
and Wayne Roads, the Council does hereby refer the subject of
increasing the priority of improvements on Seven Mile Road from
Haggerty to Wayne Roads to the Engineering Department for its report
and recommendation
Duggan left the podium at 9 20 p m in order to avoid a perceived impropriety regarding
the next Agenda item
On a motion by Feenstra, seconded by Taylor, it was
#468-96 RESOLVED, that Soave Building, Inc., 34822 Pembroke,
Livonia, MI 48152, as proprietors, having requested the City Council to
approve the proposed preliminary plat of the following subdivision
Parkside Estates Subdivision, to be located on the north side of Ann
Arbor Trail between Stark Road and Farmington Road in the Southeast
29516
1/4 of Section 33, City of Livonia, Wayne County, Michigan, the said
proposed preliminary plat being dated December 20, 1995, and it further
appearing that tentative approval of such preliminary plat was given by
the City Planning Commission, after due notice and a public hearing on
November 28, 1995, and it further appearing that such preliminary plat,
together with development plans and specifications for improvements
therein have been examined and approved by the Engineering
Department as is set forth in the report of that department dated April 22,
1996, therefore, the City Council does hereby approve of the said
preliminary plat on the following conditions
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, including the Subdivision Control
Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia
Code of Ordinances, as amended, the Subdivision Regulations of the
Planning Commission, the regulations and specifications of the
Engineering Department and the Development Plans submitted by the
proprietor and approved by such department, all such improvements to be
constructed, installed, accomplished and completed within a period of two
(2) years from the effective date of this resolution, failing this, the
approval contained herein shall be considered null, void and of no effect
whatsoever;
(2) That all inspection fees and other charges due to the City of
Livonia shall be fully paid at the time and in the manner provided in the
said Subdivision Control Ordinance, as amended,
(3) That the installation of all such improvements shall be subject at
all times to the supervision and inspection and final approval of the
Engineering Department, and such improvements shall not be considered
as having been satisfactorily and completely installed until there is filed
with the City Council the certificate as provided in Section 16.24 370 of
the said Subdivision Control Ordinance, as amended,
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in the
prescribed manner, all improvements required to the extent required by
the City of Livonia and as shown on the approved development plans,
(5) That the final true record plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Planning
Commission as evidence that such plat is in compliance with existing
Subdivision Regulations,
(6) That the final true plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Council within
two (2) years from the effective date of this resolution, the City Council
29517
shall approve final plats of the aforesaid proposed subdivision if drawn in
substantial conformity with the proposed plat as approved herein, and
provided there has been compliance with all other requirements of State
Statue, the Subdivision Control Act, the Subdivision Control Ordinance
and this resolution,
(7) That, for the purpose of obtaining approval of final plats prior to
the completion of all required improvements the proprietor may file with
the City of Livonia a corporate surety bond, certified check, cash bond,
irrevocable letter of credit, or other financial assurance in such form as
may be approved by the Department of Law guaranteeing the satisfactory
installation of all such improvements, utilities and grading by the
proprietor within the prescribed period, that in the event the proprietor
elects to deposit such financial assurances the same shall be in the
following amounts
A. General Improvement Bond $343,000 00 of which at least
$ 10,000 00 shall be in cash
B Sidewalk Bond $ 30,000 00 of which at least
$ 5,000 00 shall be in cash
C Grading & Soil Erosion $ 2,500 00 all cash
D Entrance Marker/Landscaping $ 7,500 00 of which at least
$ 3,000 00 shall be in cash
E Monuments & Lot Markers $ 1,235 00 all cash
and require cash payments in the total amount of $26,490 00
In addition, distribution lines for telephone and electric services are to be
placed underground and ornamental street lights are to be provided
throughout the subdivision
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra, Brosnan, Vandersloot, Taylor, and Laura.
NAYS None
The President declared the resolution adopted
On a motion by Taylor, seconded by Brosnan, it was
RESOLVED, that having considered the report and
recommendation of the City Engineer and the Public Utility Manager,
dated April 25, 1996, which bears the signature of the Finance Director
29518
and is approved for submission by the Mayor, in connection with
additional work requested to be performed as part of the Beacon Road
Paving (Contract 96-B), previously authorized in Council Resolution 164-
96, the Council does hereby authorize the Engineering Department to
execute a change order in the amount of $15,815 00 for extension of an
existing sanitary sewer in Stark Road, easterly approximately 60 feet, to
be included under Contract 96-B, FURTHER, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$15,815 00 from Account No 592-158-000 for this purpose, FURTHER,
the Council does hereby authorize the action herein without competitive
bidding in accordance with Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
On a motion by Feenstra, it was
RESOLVED, that the Council does hereby offer a substitute
resolution which would share costs of the sanitary sewer extension with a
third party in lieu of the foregoing resolution
The President declared the motion to substitute failed for lack of support.
Duggan returned to the podium at 9 22 p m
From the audience, Rudolph Holz addressed this matter on behalf of his son,
Clinton, who would like the sewer extended an extra 200 feet so that his home at 34015
Beacon could be hooked up to it
A roll call vote was then taken on the originally proposed resolution offered by Taylor,
seconded by Brosnan, as follows
#469-96 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Public Utility Manager,
dated April 25, 1996, which bears the signature of the Finance Director
and is approved for submission by the Mayor, in connection with
additional work requested to be performed as part of the Beacon Road
Paving (Contract 96-B), previously authorized in Council Resolution 164-
96, the Council does hereby authorize the Engineering Department to
execute a change order in the amount of $15,815 00 for extension of an
existing sanitary sewer in Stark Road, easterly approximately 60 feet, to
be included under Contract 96-B, FURTHER, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$15,815 00 from Account No 592-158-000 for this purpose, FURTHER,
the Council does hereby authorize the action herein without competitive
bidding in accordance with Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
with the following result
29519
AYES Feenstra, Brosnan, Vandersloot, Taylor, Duggan, and Laura.
NAYS None
The President declared the resolution adopted
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#470-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 29, 1996, which sets forth
its resolution 2-25-96 adopted on February 13, 1996, with regard to
Petition 95-10-6-10, submitted by the City Planning Commission on its
own motion to determine whether or not to amend Section 2 06(6) of the
Zoning Ordinance so as to change the definition of a front line as it
regards corner lots, and the Council having conducted a public hearing
with regard to this matter on April 22, 1996, pursuant to Council
Resolution 208-96, the Council does hereby approve Petition 95-10-6-10
for preparation of the ordinance for submission to Council, and the
Department of Law is requested to prepare an ordinance amending
Ordinance 543, as amended, in accordance with this resolution.
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#471-96 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated February 26, 1996, on all matters required by
Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as
amended, and a first public hearing having been held thereon on April 22,
1996, after due notice as required by Section 3 08 070 of said Code, and
careful consideration having been given to all such matters, the Council
does hereby, pursuant to Section 3 08 080 of said Code
(1) accept and approve said statement in all respects,
(2) determine to make the improvement consisting of the installation of
100-watt high pressure sodium lights on davitt poles with
underground wiring in the Orangelawn Woods Subdivision No 2,
City of Livonia, Wayne County, Michigan, as described in said
statement, and to defray the cost of such improvement by special
assessment upon the property especially benefited in proportion to
the benefits derived or to be derived,
(3) approve the plans and specifications for said improvement as set
forth in said statement dated February 26, 1996,
29520
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited,
(5) determine that the assessment made for such improvement shall
be paid in annual installments, according to said statement;
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
A Special Assessment District being more particularly described as
Lots 17 thru 40, both inclusive, in Orangelawn Woods Subdivision
No 2 as recorded in Liber 109, Pages 14 and 15, Wayne County
Records, said subdivision being a part of the N E 1/4 of Section
33, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan
(7) direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statements as
prepared by the City Engineer dated February 26, 1996, and
(8) that upon completion of said roll, the City Assessor shall attach
thereto the certificate required by the provisions of Section
3 08 100 of the Livonia Code of Ordinances, as amended, and file
the same with the City Clerk, who thereupon is directed to present
the same to the City Council prior to the holding of the second
public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia
Code of Ordinances
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#472-96 RESOLVED, that having considered a communication from
the City Treasurer, dated May 3, 1996, regarding the replacement of
sidewalks in the City of Livonia on the following parcels in the following
amounts
Parcels of property and assessment, as outlined in the Treasurer's
letter dated May 3, 1996, is included herein by reference,
which work was done pursuant to Council Resolution 350-95 and in
accordance with the provisions of Section 12 04 340 of the Livonia Code
of Ordinances, Title 12, Chapter 4 and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners of
property to be assessed wherein notice of the meeting by the City Council
on this date was given and at least 30 days having expired since the
giving of such notice with such charges remaining unpaid, the Council
does hereby pursuant to the provisions of Section 3 08 150 of the Livonia
29521
Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a
special assessment is placed upon such property for said charges,
FURTHER, the Council does hereby authorize installment payments in
the number of three (3) installments at 6% interest where assessments
exceed $400 and the property owner has requested such installments,
FURTHER, the Council does hereby request that the City Treasurer shall
give notice of the amounts herein determined to the persons chargeable
therewith, such notice to be sent by first class mail to the last known
address of such persons as shown on the most current assessment roll of
the City, and where payments herein authorized are not made within the
specified time this fact shall be reported by the City Treasurer to the City
Assessor who shall charge such amount together with a penalty of 10% of
such amounts against the persons or real property chargeable therewith
on the next general tax roll, and the City Clerk and City Treasurer are
hereby requested to do all things necessary or incidental to the full
performance of this resolution
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was,
#473-96 RESOLVED, that having considered a communication from
the Department of Law, dated April 16, 1996, transmitting for Council
acceptance a Grant of Easement, more particularly described as
Grant of Easement, dated March 22, 1996, executed by F Patrick
Devine, Ka-De Investments, L L C , to the City of Livonia, for
Water Main Easement
The South 12 feet of the West 15 feet of the following parcel of
land
The West 165 0 feet of the East 363 0 feet of the South 198 0 feet
of the N E 1/4 of Section 21, T 1 S , R. 9 E , Livonia Township,
(now City of Livonia), Wayne County, Michigan, excluding the
South 43 feet taken for Right-of-Way (Sidwell No 081-99-0032-
000)
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant 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
29522
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#474-96 RESOLVED, that having considered a communication from
the Department of Law, dated April 16, 1996, transmitting for Council
acceptance a Quit Claim Deed, more particularly described as
Quit Claim Deed dated March 1, 1996, executed by Caliburn
Development Limited Partnership, a Michigan limited partnership,
to the City of Livonia, for
Part of the N W 1/4 of Section 8, T 1 S , R. 9 E., City of Livonia,
Wayne County, Michigan, described as beginning at a point on the
East line of Newburgh Road (120' wide) said point being South
89°06'42" East 60 01 feet and South 00°00'04" East 528 01 feet
from the Northwest corner of Section 8 and proceeding thence
South 58°35'25" East 476 45 feet to the Southwest corner of
Caliburn Estates Sub No 1 as recorded in Liber 104, Pages 42
and 43 of Plats, Wayne County Records (The next seven courses
are along the boundary lines of Caliburn Estates Sub No 1),
thence South 58°35'25" East 234 60 feet, thence due East 180 00
feet; thence South 71°33'54" East 189 74 feet, thence due South
90 00 feet, thence due East 147 79 feet, thence along a curve to
the Left Radius 110 00 feet Central Angle 56°57'22" an arc
distance of 109 35 feet and whose chord bears South 61°31'19"
East 104 90 feet, thence due East 49 92 feet to the Southeast
corner of Caliburn Estates Sub No 1, thence South 00°08'48"
West 198 74 feet, thence North 89°51'12" West 202 59 feet;
thence North 65°00'00" West 510 18 feet, thence South 89°59'56"
West 223 63 feet, thence North 19°51'49" East 58 48 feet, thence
due North 60 00 feet; thence North 24°09'22" West 65 88 feet;
thence North 44°00'10" West 81 81 feet, thence North 68°13'12"
West 81 81 feet, thence South 89°59'56" West 227 76 feet; thence
North 00°00'04" West 288 89 feet to the point of beginning
Containing 6 5851 Acres Subject to easements of record (Part of
Sidwell #46-030-99-0003-004)
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
29523
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#475-96 RESOLVED, that the Council does hereby refer to the
Planning Commission for its report and recommendation the property
located east of Newburgh Road, south of Seven Mile Road, in the
Northwest 1/4 of Section 8 in the Caliburn Estates Subdivision No 2
being approximately 6 58 acres, which property has been deeded to the
City of Livonia by Quit Claim Deed from Caliburn Development Limited
Partnership, for a possible rezoning to the NP (Nature Preserves)
classification
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#476-96 RESOLVED, that having considered a communication from
the Director of Community Resources, dated April 1, 1996, 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 cash
donations in the amount of $1,345 12 from the sources indicated in the
aforesaid communication, FURTHER, the Council does hereby
appropriate and credit the same to Account #702-000-285-216 for use in
the Senior Citizen Programs
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#477-96 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda.
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#478-96 RESOLVED, that the Council does hereby confirm and
approve the reappointment of Marvin Walkon to the Livonia Plymouth
Road Development Authority for a four-year term which shall expire May
Li 6, 2000, as a representative of the business/property owner in the
district, provided that he takes the Oath of Office as indicated in Section
2, Chapter X, of the City Charter to be administered by the Office of the
City Clerk.
29524
Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 11 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 95-11-1-26)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
During audience communication, Ralph Williams, 18630 Foch, asked
everyone on the Council to review CR #511-93 with respect to solid waste collection
and disposal to see how much money the City was losing with respect to that matter
Councilmember Brosnan wished all the Livonia mothers a "Happy
Mother's Day "
Additionally, Councilmember Taylor wished his brother-in-law a safe
journey back home to California
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, this 1,320th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 40 p m , May 8, 1996
.itf >
J.:n McCotter, City Clerk