HomeMy WebLinkAboutCOUNCIL MINUTES 1996-02-12 29289
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FOURTEENTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On February 12, 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, Michael P McGee, Gerald Taylor, Brian Duggan, and
Joe Laura. Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; John
Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K. White, Chief Assistant City
Attorney; Joan McCotter, City Clerk, Michael T Slater, Finance Director; John Fegan,
Director of Inspection, Robert J Beckley, Director of Public Works, Ronald Reinke,
Superintendent of Parks and Recreation, and Linda McCann, Director of Community
Resources
It was noted that the minutes of the 1,313th Regular Meeting of the
Council, held January 31, 1996, would be considered at the Regular Meeting of
February 28, 1996
The following individuals spoke during the audience communication
portion of the meeting:
1) Ray Tent, 18051 Deering - spoke in opposition to the second reading re the
proposed amendment to the ordinance defining what a term is,
2) Paul Pierson, 33506 Nancy - spoke to the subject of deep injection wells which
would have toxic waste pumped into them which are being proposed to be
located in Taylor and Romulus, and suggested that perhaps a public hearing
should be scheduled in Livonia on this subject matter;
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3) Janet Cooper, a resident of Livonia - spoke in defense of Cathy White, Chief
Assistant City Attorney, and stated that she was only doing her job in preparing
the requested amendment to the ordinance defining terms,
4) Joe Connelly, 32148 Camborne Lane - wished a speedy recovery to Gus Tawil,
who underwent minor surgery recently; and
5) Dolores Jablonski - spoke in opposition to the ordinance amendment defining
what a term is, believes the major controversy is among a few people here (the
Council)
President Laura announced that various City individuals have been
invited to tour the Ford Motor Company Transmission & Chassis Operations plant
tomorrow, February 13, 1996, between the hours of 1 00 - 3 00 p m He indicated he
believes this is one of the largest transmission plants in the world
A communication from the Department of Law, dated January 23, 1996,
re Fendt Transit Mix, Inc v Peter A. Basile Sons, Inc., City of Livonia and County of
Wayne, Wayne County Circuit Court Case No 94-423245 CZ, was received and
placed on file for the information of the Council
A communication from the Department of Law, dated January 30, 1996,
re City of Livonia v Goretski Construction Company, Wayne County Circuit Court
Case No 95-528344 AV, was received and placed on file for the information of the
Council
On a motion by Taylor, seconded by Brosnan, it was
#75-96 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated January 15, 1996, which bears
the signature of the Finance Director and is approved for submission by
the Mayor, and which submits the competitive bid received with respect to
the proposed disposition of City-owned surplus equipment consisting of
one 1970 Seagraves fire pumper, the Council does hereby accept the bid
of and authorize the sale of the aforesaid fire pumper to Schoolcraft
Community College, 18600 Haggerty, Livonia, Michigan 48152, for a total
purchase price of $1,500 00
#76-96 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated November 20, 1995, and a
subsequent communication dated January 26, 1996, and the report and
recommendation from the Chief of Police, dated January 18, 1996, in
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connection therewith, approved for submission by the Mayor, the Council
does hereby recommend approval of the request from K. of C Daniel A.
Lord Holding Corporation to drop space and add direct connection to
unlicensed area in 1995 Club Licensed Business with Dance Permit for a
business located at 39100 Schoolcraft, Livonia, Michigan 48150, Wayne
County; and the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission
#77-96 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 29, 1996, which bears the signature of
the Finance Director and is approved for submission by the Mayor, the
Council does hereby accept the unit bid price of Tri-County Tree Expert
Co , 455 E St. Clair, Romeo, Michigan 48065, for completing all work
required in connection with the City's 1996 Tree and Stump Removal
Program for a total price of not to exceed $24,045 00, the same having
been in fact the lowest bid received for this item and meets all
specifications, 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 contract.
#78-96 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated January 25, 1996,
approved for submission by the Mayor, which lists the final budget
adjustments for fiscal year 1995, the Council does hereby refer this matter
to the Finance, Insurance and Budget Committee for its report and
recommendation
#79-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 24, 1996, approved
for submission by the Mayor, the Council does hereby authorize the
release to Hunter Homes, Inc , 33966 Eight Mile Road, Suite 104,
Farmington Hills, Michigan 48335, the proprietor of Hunter's Pointe
Subdivision, located in the Southeast 1/4 of Section 30, of the financial
assurances previously deposited pursuant to Council Resolution 492-93,
adopted on June 23, 1993, and subsequently amended by Council
Resolution 110-94, adopted on February 23, 1994, specifically
a) General Improvement Bond $12,000 00 ($5,000 00 minimum
cash),
b) Sidewalk Bond $32,500 00 ($3,000 00 minimum cash),
c) Grading and Soil Erosion Control ($3,600 00 cash),
d) Entrance Markers-Landscaping $20,000 00 ($2,000 00 minimum
cash),
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e) Monuments & Markers $1,370 00 (all cash), and
f) Street Lighting contribution-in-aid ($3,997 04 cash balance),
and the action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these improvements
have been satisfactorily installed in accordance with the rules and
regulations and ordinances of the City of Livonia
#80-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 23, 1996, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, regarding a proposed storm sewer extension at
Joy and Hix Roads, the Council does hereby authorize the Engineering
Department, together with the Director of Finance, to prepare plans and
specifications for the proposed storm sewer extension at Joy and Hix
Roads, and thereafter obtain competitive bids for the completion of this
work, and all competitive bids shall thereafter be submitted to Council for
consideration
#81-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 29, 1996, which transmits
its resolution 1-10-96, adopted on January 16, 1996, with regard to the
proposed preliminary plat of Camborne Stark School Subdivision to be
located on the southwest corner of Stark Road and Pinetree Avenue in
the Northwest 1/4 of Section 33, City of Livonia, Wayne County,
Michigan, and the preliminary plat having been approved by the City
Planning Commission on January 16, 1996, the Council does hereby
approve of the said preliminary plat based upon the same conditions as
those set forth in the aforesaid Planning Commission action and subject
to the receipt of a report and recommendation by the City Engineer
relative to the development plans and specifications for the
improvements therein and the financial assurances guaranteeing the
satisfactory installation of such improvements
#82-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 29, 1996, which transmits
its resolution 1-8-96, adopted on January 16, 1996, with regard to Petition
95-12-2-34, submitted by Harley Ellington Design requesting waiver use
approval to construct an addition to the existing Glen Eden Community
Mausoleum located on the south side of Eight Mile Road between
Newburgh and Gill Roads in the North 1/2 of Section 5, which property is
zoned AG, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 95-12-2-34 is hereby
approved and granted, subject to the following conditions
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1) That the Site Plan marked Sheet SP2 dated December 14, 1995,
prepared by Harley Ellington Design, which is hereby approved,
shall be adhered to,
2) That the landscaping depicted on the approved site plan shall be
installed prior to final inspection, and
3) That the Building Elevation Plan marked Sheet A-2 dated
December 14, 1995, prepared by Harley Ellington Design, which is
hereby approved, shall be adhered to
#83-96 RESOLVED, that having considered a letter from Joe Laura,
President of the Council, dated January 25, 1996, regarding the subject of
Budget Staff Review, the Council does hereby refer this matter to the
Finance, Insurance and Budget Committee for its report and
recommendation
#84-96 RESOLVED, that having considered a letter from Raymond
M Galasso, 1969 Woodland, Sylvan Lake, Michigan 48320, dated
January 16, 1996, wherein a request is made to purchase certain City-
owned property located at 27423 Long (Tax I D No 001-04-0041-000),
the Council does hereby refer this matter to the Department of Law for its
report and recommendation
#85-96 RESOLVED, that having considered a letter from Raymond
M Galasso, 1969 Woodland, Sylvan Lake, Michigan 48320, dated
January 16, 1996, wherein a request is made to purchase certain City-
owned property located at 27423 Long (Tax I D No 001-04-0041-000),
the Council does hereby refer the matter of determining whether the
owners of the adjoining properties located at 27419 and 27429 Long have
any interest in purchasing this City-owned property to the Department of
Law for its report and recommendation
#86-96 RESOLVED, that the Council having considered a
communication from the City Engineer, dated January 23, 1996, approved
for submission by the Mayor, submitted pursuant to the requirements set
forth in Section 16 24 310 of the Livonia Code of Ordinances, as
amended, wherein it is required that street lighting with underground
wiring shall be provided in all subdivisions in conformity with the
standards prescribed, and the City Engineer having ascertained the
assessed valuation of all property affected by the proposed improvement
with regard to Caliburn Estates Subdivision No 2 in the Northwest 1/4 of
Section 8, T 1S , R.9E , City of Livonia, Wayne County, Michigan, and
such report having indicated the number of parcels which show tax
delinquencies, the number of parcels owned by public authorities, the
number of parcels which are vacant, and having prepared and caused to
be prepared plans and specifications therefor and an estimate for the cost
thereof, and to file the same with the City Clerk together with his
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recommendation as to what proportion of the cost should be paid by
special assessment and what part, if any, should be a general obligation
of the City, the number of installments in which assessments may be paid
and the lands which should be included in the proposed special
assessment district, and it appearing to the Council that all of such
information, estimate, plans, specifications and recommendations have
been properly filed by the City Engineer with the City Clerk under date of
January 23, 1996, and that there has been a full compliance with all of the
provisions of Section 3 08 060 of the Livonia Code of Ordinances, as
amended, the Council does hereby set Wednesday, March 20, 1996, at
8 00 p m as the date and time for a public hearing on the necessity for
such proposed improvement, which public hearing shall be held before
the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, pursuant to Section 3 08 070 of said Livonia Code of
Ordinances, as amended, and the City Clerk is hereby authorized to give
notice and publication of such hearing as is required by Section 3 08 070
of said Code
#87-96 RESOLVED, that the Council having considered a
communication from the City Engineer, dated January 26, 1996, approved
for submission by the Mayor, submitted pursuant to the requirements set
fr forth in Section 16 24 310 of the Livonia Code of Ordinances, as
amended, wherein it is required that street lighting with underground
wiring shall be provided in all subdivisions in conformity with the
standards prescribed, and the City Engineer having ascertained the
assessed valuation of all property affected by the proposed improvement
with regard to Caliburn Manor Subdivision No 2 in the Northeast 1/4 of
Section 7, T 1 S , R.9E , City of Livonia, Wayne County, Michigan, and
such report having indicated the number of parcels which show tax
delinquencies, the number of parcels owned by public authorities, the
number of parcels which are vacant, and having prepared and caused to
be prepared plans and specifications therefor and an estimate for the cost
thereof, and to file the same with the City Clerk together with his
recommendation as to what proportion of the cost should be paid by
special assessment and what part, if any, should be a general obligation
of the City, the number of installments in which assessments may be paid
and the lands which should be included in the proposed special
assessment district, and it appearing to the Council that all of such
information, estimate, plans, specifications and recommendations have
been properly filed by the City Engineer with the City Clerk under date of
January 26, 1996, and that there has been a full compliance with all of the
provisions of Section 3 08 060 of the Livonia Code of Ordinances, as
amended, the Council does hereby set Wednesday, March 20, 1996, at
8 00 p m as the date and time for a public hearing on the necessity for
such proposed improvement, which public hearing shall be held before
the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, pursuant to Section 3 08 070 of said Livonia Code of
Ordinances, as amended, and the City Clerk is hereby authorized to give
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notice and publication of such hearing as is required by Section 3 08 070
of said Code
#88-96 WHEREAS, pursuant to the direction of the City Council in
its resolution 27-96, adopted on January 17, 1996, and in accordance
with Section 3 08 100 of the Livonia Code of Ordinances, as amended,
the City Assessor of the City of Livonia has prepared, reported and
certified to the Council under date of January 31, 1996, an assessment
roll dated January 31, 1996, for the proposed street improvement
consisting of a 28 foot wide full-depth asphalt pavement with mountable
asphalt curbs (Alternate III) on Savoie and Grove, south of Six Mile Road
and east of Middlebelt Road, in the Northwest 1/4 of Section 13, City of
Livonia, Wayne County, Michigan, containing the special assessments to
be assessed and levied, respectively, in the proposed special assessment
district heretofore established for the construction and operation of the
proposed improvement in said district as designated in Council
Resolution 27-96,
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by
the City Council, that it is hereby ordered to be filed in the office of the
City Clerk for public examination, that the City Clerk be and hereby is
directed to give notice as required by the provisions of Section 3 08 110
of the Livonia Code of Ordinances, as amended, to wit: that the
assessment roll has been made and filed in the office of the City Clerk for
public examination and that the City Council of the City of Livonia will
meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on
Wednesday, March 20, 1996, at 8 00 p m to review the said special
assessment roll at which time and place opportunity will be given to all
interested persons to be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to
the aforesaid date of Wednesday, March 20, 1996, the City Clerk is also
directed to give notice of said hearing by sending written notice thereof by
first class mail to each and every property owner in the proposed
assessment district as their respective names and addresses appear on
the most current assessment roll in the City Assessor's office
#89-96 WHEREAS, pursuant to the direction of the City Council in
its resolution 29-96, adopted on January 17, 1996, and in accordance
with Section 3 08 100 of the Livonia Code of Ordinances, as amended,
the City Assessor of the City of Livonia has prepared, reported and
certified to the Council under date of January 22, 1996, an assessment
roll dated January 22, 1996, for the proposed street improvement
consisting of the placement of 4" of asphalt over the existing roadway,
approximately 20 to 22 feet wide (Alternate IV) on Alois, south of
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Plymouth Road, in the Southwest 1/4 of Section 30, City of Livonia,
Wayne County, Michigan, containing the special assessments to be
assessed and levied, respectively, in the proposed special assessment
district heretofore established for the construction and operation of the
proposed improvement in said district as designated in Council
Resolution 29-96,
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by
the City Council, that it is hereby ordered to be filed in the office of the
City Clerk for public examination, that the City Clerk be and hereby is
directed to give notice as required by the provisions of Section 3 08 110
of the Livonia Code of Ordinances, as amended, to wit: that the
assessment roll has been made and filed in the office of the City Clerk for
public examination and that the City Council of the City of Livonia will
meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on
Monday, March 18, 1996, at 7 00 p m to review the said special
assessment roll at which time and place opportunity will be given to all
interested persons to be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to
the aforesaid date of Monday, March 18, 1996, the City Clerk is also
directed to give notice of said hearing by sending written notice thereof by
first class mail to each and every property owner in the proposed
assessment district as their respective names and addresses appear on
the most current assessment roll in the City Assessor's office
#90-96 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,
March 25, 1996, at 8 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items
(1) Petition 95-10-1-25, submitted by Oakwood Healthcare System for
a change of zoning of property located on the north side of Seven
Mile Road between Bethany Road and Victor Parkway in the
Southeast 1/4 of Section 6, from RUFC to P O , the City Planning
Commission in its resolution 1-16-96 having recommended to the
City Council that Petition 95-10-1-25 be denied,
(2) Petition 95-12-1-29, submitted by The Kroger Co and High Equity
Partners, L.P , for a change of zoning of property located on the
south side of Five Mile Road between Bainbridge Avenue and
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Henry Ruff Road in the Northwest 1/4 of Section 23, from RUFA to
P, the City Planning Commission in its resolution 1-2-96 having
recommended to the City Council that Petition 95-12-1-29 be
approved,
(3) Petition 95-12-1-30, submitted by Gino Silvestri for a change of
zoning of property located on the north side of Ann Arbor Trail
between Wayne and Levan Roads in the Southeast 1/4 of Section
32, from RUF to R-C, the City Planning Commission in its
resolution 1-4-96 having recommended to the City Council that
Petition 95-12-1-30 be approved, and
(4) Petition 95-12-1-31, submitted by Rudolf J Holz and Clinton J
Holz for a change of zoning of property located on the south side of
Beacon Road between Plymouth Road and the CSX Railroad in
the Southeast 1/4 of Section 28, from R-5 to R-7, the City Planning
Commission in its resolution 1-5-96 having recommended to the
City Council that Petition 95-12-1-31 be denied,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendments to the
Zoning Ordinance, and/or (b) location of the proposed changes of zoning
as set forth above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia as well as
to, not less than fifteen (15) days prior to said public hearing, cause to
have notice to be given by certified mail to each public utility company
and to each railroad company owning or operating any public utility or
railroad within the districts or zones affected, and FURTHER, the City
Clerk is requested to do all other things necessary or incidental to the full
performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and
Laura
NAYS None
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#91-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 29, 1996,
submitted pursuant to Council Resolution 352-93, and the report and
recommendation of the Director of Community Resources and the
Chairman of the Livonia Historical Commission, dated April 14, 1993,
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approved by the Finance Director and approved for submission by the
Mayor, to which is attached architectural design documents including a
sequenced phasing plan for construction work for the Alexander Blue
House, the Council does hereby refer this subject to the Capital
Improvement Committee for its report and recommendation, and the
Council does hereby request that Mr Robert K. Seymour, Architect,
provide an update to the Council prior to the end of March, 1996, on
various phases of the Blue House construction
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#92-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 29, 1996,
submitted pursuant to Council Resolution 352-93, the Council does
hereby refer the subject of the position which should be taken by the City
with respect to competing food/catering businesses to the Finance,
Insurance and Budget Committee for its report and recommendation
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#93-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 29, 1996,
submitted pursuant to Council Resolution 425-95, and a communication
from Councilmember Dale A. Jurcisin concerning "AGENDA LIVONIA.
1995" containing numerous goals for the City set forth therein, including
the subject of helping Greenmead become more self-sufficient, the
Council does hereby determine to take no further action with respect to
this matter
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#94-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 29, 1996,
submitted pursuant to Council Resolution 219-94, and the report and
recommendation of the Mayor and the Department of Law, dated
February 14, 1994, concurred with by the Director of Community
Resources, with regard to the proposed sale of Greenmead property, the
Council does hereby determine to take no further action with respect to
this matter
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Taylor gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 95-10-3-5)
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
McGee gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 33 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 95-7-1-15)
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
McGee took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING EXHIBIT D(A)(2) OF
ORDINANCE 1685 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and
Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
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Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 020, 040 AND 050C
OF AND ADDING SECTION 070 TO CHAPTER 84 (PRIMARY
AND REGULAR ELECTIONS) OF TITLE 2 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
The following individuals from the audience spoke in opposition to this matter
1) Loraine Connelly, 32148 Camborne Lane,
2) Jim Biga, 35354 Lancashire,
3) Tim Bailey, 9826 Cranston,
4) Ralph Williams, 18630 Foch,
5) Joe Connelly, 32148 Camborne Lane,
6) Denise Mika-Biga, 35354 Lancashire,
7) Patricia Holmes, 11015 Merriman,
8) Michael Driscoll, 19229 Shadyside,
9) Ray Tent, 18051 Deering,
10) Kim Naccashian, 32750 Norfolk,
11) Leo Delafranier, 14681 Bredin Court.
The following individuals from the audience also spoke
1) Dolores Jablonski - suggested that a Charter Commission be established by
some independent concern to bring the charter up to date,
2) Marcella Allam, 32955 Indiana - questioned what a "term" is and what exactly
was the big problem here, and
3) Ed Bakun, 33576 Michele - questioned if this matter can be brought up to the
electorate again
McGee and Taylor moved to call the question (the vote on the 2nd reading of the
ordinance) The Chair inquired whether it was proper to continue discussion on this
matter Cathy White indicated it was Feenstra inquired as to whether that was the
ruling of the Chair The Chair indicated it was Feenstra challenged the ruling The
Chair indicated it was his prerogative
Audience communication then continued with the following individuals speaking
1) Lillian Edney, 15405 Harrison - asked for a clarification on what tonight's
discussion was about. "Is this vote tonight for term limits?",
2) Michael Driscoll, 19229 Shadyside - if this matter goes to Circuit Court for their
legal interpretation, who will be paying for the legal expenses?;
3) Kim Naccashian, 32750 Norfolk - referenced various conflicts of interest, and
suggested doing a "mail vote" where we could all work together to define "term",
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29301
4) Patricia Holmes, 11015 Merriman - commended the President of the Council for
being generous in allowing each individual who wanted to speak the opportunity
to do so, and
5) Leo Delafranier, 14681 Bredin Court - objected to possibly sending this matter
outside the City for a legal opinion, they did not do the voting
McGee withdrew his motion to call the question
Mayor Kirksey clarified for those in attendance and in the viewing audience that if a
request comes from the majority of the Council for an additional legal opinion in this
matter, the Department of Law will honor that obligation
A roll call vote was then taken on the foregoing Ordinance with the following result:
AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Duggan
NAYS Laura.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by McGee, seconded by Vandersloot, and unanimously
adopted, it was
#95-96 RESOLVED, that the Council does hereby authorize
retaining the law firm of Brashear, Tangora & Spence as special legal
counsel to file a Declaratory Judgment action in the Circuit Court for the
County of Wayne to obtain a court opinion regarding the validity of the
amendment to Sections 020, 040 and 050C and adding Section 070 to
Title 2, Chapter 84 (Primary and Regular Elections) of the Livonia Code of
Ordinances, as amended, regarding incorporation into the odd-year City
primary and regular elections ordinance of certain procedural and
substantive matters pertaining to the recently amended term limits
provisions in the City Charter; FURTHER, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$7,500 00 from the Unexpended Fund Balance for this purpose
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#96-96 RESOLVED, that the Council does hereby refer the subject
of whether or not the motion to call a previous question is debatable as a
matter of parliamentary procedure and if it requires a two-thirds vote, and
t-
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the appropriate procedure to be followed when a challenge is made to a
ruling of the Chair and if the presiding officer can declare himself or
herself right without a vote of the body to the Department of Law for its
report and recommendation
Brosnan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 10 02 OF AND
ADDING SUBSECTION (k) TO SECTION 10 03 OF
ARTICLE X OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE " (Petition 95-7-6-4)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, Duggan, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#97-96 RESOLVED, that having considered a communication from
John B Lytle, Equipment Operator III, and Marcia A. Reiser, Program
Supervisor, dated January 30, 1996, requesting an amendment to Section
8 30 035 of the Livonia Code of Ordinances to designate a smoking area
in the Public Service Roads garage, the Council does hereby refer this
matter to the Department of Law to prepare an appropriate ordinance
amendment for submission to Council
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#98-96 RESOLVED, that the Council does hereby refer the subject
of the extent of compliance with ordinance requirements prohibiting
smoking in City vehicles and the removal of lighters, ashtrays, etc., from
City vehicles to the Director of Public Works for his report and
recommendation.
29303
On a motion by Feenstra, seconded by Brosnan, it was
RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 26, 1996,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of two (2) 1996 Buick Century 4-door sedans from James-Martin
Chevrolet Buick, Inc., 6250 Woodward Avenue, Detroit, Michigan 48202-
3521, in the amount of $13,328 00 each, for a total of $26,656 00,
including delivery, the same to be expended from funds already budgeted
for this purpose in Equipment Maintenance Capital Outlay Account No
101-446-985-000; FURTHER, the Council does hereby determine to
authorize the said purchase without competitive bidding inasmuch as the
same is based upon the low State of Michigan bid price (under Contract
No 07166000289), as well as for the additional reasons indicated in the
aforesaid communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended, FURTHER, the Council does hereby authorize
the disposal of four surplus City-owned vehicles (1985 Pontiac, two 1987
Chevrolets and 1982 Chevrolet van) at public auction after receipt of the
new vehicles
On a motion by Vandersloot, seconded by Taylor, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution approving the purchase of four (4) sedans in lieu of
the foregoing resolution approving the purchase of two (2) sedans
A roll call vote was taken on the motion to substitute as follows
AYES Vandersloot, McGee, Taylor, Duggan, and Laura
NAYS Feenstra and Brosnan
The President declared the motion to substitute adopted
On a motion by Vandersloot, seconded by Taylor, it was
#99-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 26, 1996,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of four (4) 1996 Buick Century 4-door sedans from James-
Martin Chevrolet Buick, Inc , 6250 Woodward Avenue, Detroit, Michigan
48202-3521, in the amount of $13,328 00 each, for a total of$53,312 00,
including delivery, the same to be expended from funds already budgeted
for this purpose in Equipment Maintenance Capital Outlay Account No
101-446-985-000; FURTHER, the Council does hereby determine to
29304
authorize the said purchase without competitive bidding inasmuch as the
same is based upon the low State of Michigan bid price (under Contract
No 071 B6000289), as well as for the additional reasons indicated in the
aforesaid communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended, FURTHER, the Council does hereby authorize
the disposal of six surplus City-owned vehicles (1985 Pontiac, 1986
Chevrolet, two 1987 Chevrolets, 1982 Chevrolet van and 1985 Chevrolet
sedan) at public auction after receipt of the new vehicles
A roll call vote was taken on the substitute resolution as follows
AYES Feenstra, Vandersloot, McGee, Taylor, Duggan, and Laura.
NAYS Brosnan
The President declared the substitute resolution adopted
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#100-96 RESOLVED, that the Council does hereby refer the subject
of purchase and/or assignment of City vehicles, policies regarding take-
home vehicles and public identification procedures for City vehicles to the
Finance, Insurance and Budget Committee for its report and
recommendation
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#101-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 26, 1996,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of one (1) 1996 Dodge Dakota AN1 L62 longbed pickup truck
from Bill Snethkamp Lansing Dodge, Inc., 6131 South Pennsylvania
Avenue, Lansing, Michigan 48911, for a total cost of $12,309 95,
including delivery, the same to be expended from funds already budgeted
for this purpose in Equipment Maintenance Capital Outlay Account No
101-446-985-000; FURTHER, the Council does hereby determine to
authorize the said purchase without competitive bidding inasmuch as the
same is based upon the low State of Michigan bid price (under Contract
No 071 B6000285), as well as for the additional reasons indicated in the
aforesaid communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended, FURTHER, the Council does hereby authorize
29305
the disposal of the surplus 1982 GMC van (which will no longer be
needed after the purchase of the vehicle authorized herein) at public
auction
On a motion by Taylor, seconded by McGee, it was
#102-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 26, 1996,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, with respect to the proposed purchase of one
(1) 1996 Ford E-350 Super Club Wagon, the Council does hereby refer
this item to the Capital Improvement Committee for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra, Brosnan, McGee, Taylor, and Duggan
NAYS Vandersloot and Laura.
The President declared the resolution adopted
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was
#103-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 26, 1996,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of two (2) 1996 Dodge Dakotas with 9-foot stake bodies from
Bill Snethkamp Lansing Dodge, Inc , 6131 South Pennsylvania Avenue,
Lansing, Michigan 48911, in the amount of $22,329 04 each, for a total
cost of $44,658 08, including delivery, the same to be expended from
funds already budgeted for this purpose in Equipment Maintenance
Capital Outlay Account No 101-446-985-000; FURTHER, the Council
does hereby determine to authorize the said purchase without competitive
bidding inasmuch as the same is based upon the low State of Michigan
bid price (under Contract No 071 B6000285), as well as for the additional
reasons indicated in the aforesaid communication, and such action is
taken in accordance with the provisions set forth in Section 3 04 140D4 of
the Livonia Code of Ordinances, as amended, FURTHER, the Council
does hereby authorize the disposal of the surplus 1981 Chevrolet stake
truck and 1982 Chevrolet pickup truck (which will no longer be needed
after the purchase of the vehicles authorized herein) at public auction
29306
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#104-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 26, 1996,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of three (3) 1996 Ford F-250 HD pickup trucks from Jackson
Ford, Inc., 1314 Northwest Avenue, Jackson, Michigan 49202, in the
amount of $15,642 00 each, for a total cost of $46,926 00, including
delivery, the same to be expended from funds already budgeted for this
purpose in Equipment Maintenance Capital Outlay Account No 101-446-
985-000 (two vehicles) and Water and Sewer Capital Outlay Account No
592-000-142-000 (one vehicle), FURTHER, the Council does hereby
determine to authorize the said purchase without competitive bidding
inasmuch as the same is based upon the low State of Michigan bid price
(under Contract No 07166000287), as well as for the additional reasons
indicated in the aforesaid communication, and such action is taken in
accordance with the provisions set forth in Section 3 04 140D4 of the
Livonia Code of Ordinances, as amended, FURTHER, the Council does
hereby authorize the disposal of the surplus 1980 Dodge pickup, 1982
Chevrolet pickup truck and 1983 Ford pickup (which will no longer be
needed after the purchase of the vehicles authorized herein) at public
auction
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#105-96 RESOLVED, that the Council does hereby receive and
place on file for the information of the Council the report from the
Inspection Department, dated February 12, 1996, regarding the existing
maintenance of the Sterling Commons Shopping Center, located on the
north side of Six Mile Road between Newburgh Road and Fitzgerald in
the Southwest 1/4 of Section 8
On a motion by McGee, seconded by Duggan, it was
#106-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 29, 1996, which transmits
its resolution 1-6-96, adopted on January 16, 1996, with regard to Petition
95-11-2-32, submitted by Takashi Nagashima on behalf of Koyama
Shoten of Michigan, Inc , requesting waiver use approval to utilize an
SDM license in connection with an existing store located on the north side
of Six Mile Road between Newburgh Road and Fitzgerald in the
Southwest 1/4 of Section 8, which property is zoned C-2, the Council
29307
does hereby concur in the recommendation made by the City Planning
Commission and Petition 95-11-2-32 is hereby approved and granted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Laura.
NAYS Feenstra
The President declared the resolution adopted
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was
#107-96 RESOLVED, that having considered a communication from
Councilmember Michael P McGee, dated January 24, 1996, and a letter
from Michael G Trout, Committee Representative of the Bicentennial
Park/Play Scape Project, 17555 Park, Livonia, Michigan 48152, with
respect to a proposal to construct a playscape project in Bicentennial
Park, the Council does hereby take this means to approve this proposal in
concept and authorize the administration to take such steps as may be
necessary to implement this project.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#108-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 3, 1995, which sets forth
its resolution 10-207-95, adopted on October 24, 1995, with regard to
Petition 95-9-6-7, submitted by the City Planning Commission, to
determine whether or not to amend Section 2 10 of the Zoning Ordinance
so as to increase the size of detached garages on lots 1/2 acres or more
in area, and the Council having conducted a public hearing with regard to
this matter on January 24, 1996, pursuant to Council Resolution 833-95,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 95-9-6-7 is hereby denied for the following
reasons
1 That the existing language with reference to residential garages is
sufficient to provide for reasonable size garages, and
2 That the proposed language amendment will permit larger garages
which are not needed to provide for adequate storage of vehicles
under normal conditions
29308
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#109-96 RESOLVED, that the Council does hereby determine on its
own motion to refer to and request that the City Planning Commission
conduct a public hearing on the question of whether an amendment to
Section 2 10 of the Zoning Ordinance relative to increasing the size of
attached garages on lots 1/2 acres or more in area should be made and
thereafter submit a report and recommendation to Council
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#110-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 3, 1995, which sets forth
its resolution 10-208-95, adopted on October 24, 1995, with regard to
Petition 95-9-6-8, submitted by the City Planning Commission to
determine whether or not to amend Section 18 50H of the Zoning
Ordinance with respect to commercial wall signs on corner lots, and the
Council having conducted a public hearing with regard to this matter on
January 24, 1996, pursuant to Council Resolution 833-95, the Council
does hereby approve Petition 95-9-6-8, as revised, 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 Brosnan, it was
#111-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 3, 1995, which sets forth
its resolution 10-209-95, adopted on October 24, 1995, with regard to
Petition 95-9-6-9, submitted by the City Planning Commission, to
determine whether or not to amend Section 18 50D regarding political
signs, and the Council having conducted a public hearing with regard to
this matter on January 24, 1996, pursuant to Council Resolution 833-95,
the Council does hereby concur in the recommendation of the Planning
Commission and does hereby approve Petition 95-9-6-9 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura.
NAYS Duggan
29309
The President declared the resolution adopted
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#112-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 3, 1995, which sets forth
its resolution 10-209-95, adopted on October 24, 1995, with regard to
Petition 95-9-6-9, submitted by the City Planning Commission, to
determine whether or not to amend Section 18 50D regarding political
signs, and the Council having conducted a public hearing with regard to
this matter on January 24, 1996, pursuant to Council Resolution 833-95,
the Council does hereby refer this item to the Legislative Committee for its
report and recommendation
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#113-96 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 377
for a proposed alley improvement consisting of an 18' wide by 7-1/2" thick
deep strength asphalt over either existing MDOT Class II material or
newly installed 21AA limestone with an inverted crown and no curbs
(Alternate V) between Five Mile and Elsie Avenue and Middlebelt Road
and Cavour Avenue in the Northwest 1/4 of Section 24, in the 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
Monday, February 5, 1996, at 7 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and the City Council having duly met and
reviewed the special assessments levied on the special assessment roll
as prepared by the City Assessor to cover the district portion of the cost of
alley improvements to be constructed in Special Assessment District No
377, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated November 27, 1995, in
the amount of $66,540 35, are fair and equitable and based upon
benefits to be derived by construction of improvements proposed in
29310
said district in accordance with the plans of the City Engineer and
resolutions of the City Council,
(2) Said Special Assessment Roll No 377 is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent per
annum on the unpaid balance of the assessment from December 1,
1996 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 , 1997, 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, 1996,
(5) The first installment shall be spread upon the 1997 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, 1996, and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
29311
(6) The City Council does hereby determine to pay 15% of the paving
costs ($7,393 55), 100% of drainage costs ($17,250 00) for a total
amount of$24,643 55
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#114-96 RESOLVED, that having considered a communication from
the Department of Law, dated February 1, 1996, submitted pursuant to
Council Resolution 712-95, transmitting for Council acceptance a
Warranty Deed dated December 29, 1995, executed by Van H Jones,
conveying to the City certain property described as follows
The South 60 feet of the East 100 feet of the following described
parcel
The West 130 feet of the South 1/2 of the Southwest 1/4 of the
Southeast 1/4 of the Southwest 1/4 of Section 2, T 1 S , R. 9 E ,
City of Livonia, Wayne County, Michigan, except the South 60 feet
of the West 30 feet thereof Tax Parcel No 007-99-0136-000
Seven Mile Road right-of-way
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Warranty 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, and FURTHER, that the Mayor and City Clerk are authorized
to execute a Quit Claim Deed conveying the above described property to
the County of Wayne in a form to be approved by the Department of Law
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#115-96 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated February 5, 1996,
which is approved for submission by the Mayor, the Council does hereby
authorize the Department of Law to stipulate to the entry of the attached
Order for Judgment of Settlement in the Wayne County Circuit Court
Case No 94-428972-CC providing for the taking of property located on
the east side of Merriman Road between Plymouth and Schoolcraft,
12240 Merriman, be it FURTHER RESOLVED, that the Council does
hereby appropriate the total sum of $157,000 00, less $53,000 00 just
compensation previously paid, as just compensation to Samuel H Cowen,
Trustee of the Samuel H Cowen Trust, plus attorney fees and interest,
together with costs in the amount of $16,584 00, FURTHER, the Council
does hereby authorize the aforesaid sum of just compensation plus
29312
interest to be paid to Samuel H Cowen, Trustee of the Samuel H Cowen
Trust, and attorney fees and costs to be paid to Samuel H Cowen,
Trustee of the Samuel H Cowen Trust, and its attorney, Ackerman &
Ackerman, P C , and the Council does hereby authorize the Engineering
Department to prepare plans and specifications and to take all steps
necessary for completing all work required in connection with the
construction of a driveway on the north side of the building; FURTHER,
the Council does hereby authorize the aforesaid sums to be expended
from the $12 Million Obligation Road Improvement Bond Issue for this
purpose, and the City Clerk and City Treasurer are hereby authorized to
do all things necessary or incidental to the full performance of this
resolution
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#116-96 RESOLVED, that having considered a communication from
the Department of Law, dated January 22, 1996, transmitting for Council
acceptance one Quit Claim Deed and eleven Grants of Easement, more
particularly described as
(1) Quit Claim Deed dated December 18, 1995, executed by Ron
Brand, President, Tri West Development, to the City of Livonia, for.
Part of Lots 2, 3, 4 and 5 of"B E Taylor' Green Acres" a
subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E ,
Livonia Twp (now City of Livonia), Wayne County, Michigan, as
recorded in Liber 69, Page 75, of Plats, W C R., being more
particularly described as beginning at a point on the South line of
Five Mile Road (120 feet wide) distant due West 217 80 feet from
the Northeast corner of Lot 7 of said "B E Taylor's Green Acres" a
subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E ,
Livonia Twp (now City of Livonia), Wayne County, Michigan, as
recorded in Liber 69, Page 75, of Plats, W C R., and proceeding
thence due South 289 98 feet, thence South 72°59'59" West,
104 20 feet; thence along a curve to the right radius 50 00 feet a
central angle of 300°00'02" an arc distance of 261 80 feet whose
chord bears North 17°00'02" West, 50 00 feet; thence North
72°59'59" East, 67 20 feet, thence due North 252 98, thence due
East along the South line of Five Mile Road 50 00 feet to the point
of beginning (Hillcrest Court Right-of-Way)
(2) Grant of Easement dated September 6, 1995, executed by Gary
McCullogh, President, U S Trailer Corporation, to the City of
Livonia, for.
Sanitary Sewer Easement:
29313
A 20 foot sanitary sewer easement whose centerline is described
as beginning at a point distant due West 502 56 feet and South
00°11'30" East, 265 00 feet from the Northeast corner of Lot 7, B E.
Taylor's Green Acres, a subdivision of part of the North 1/2 of
Section 23, T 1 S , R. 9 E , Livonia Township (now City of Livonia),
Wayne County, Michigan, as recorded in Liber 69, Page 75 of
Plats, Wayne County Records Proceeding thence due West
16 00 feet to the point of ending (Sidwell No 089-01-0001-001)
(3) Grant of Easement dated September 6, 1995, executed by Gary
McCullogh, President, U S Trailer Corporation, to the City of
Livonia, for
Water Main Easement.
A 12 foot water main easement whose centerline is described as
beginning at a point distant due West 502 56 feet and South
00°11'30" East, 350 47 feet from the Northeast corner of Lot 7, B E
Taylor's Green Acres, being a subdivision of part of the North 1/2
of Section 23, T 1 S , R. 9 E , Livonia Township (now City of
Livonia), Wayne County, Michigan, as recorded in Liber 69, Page
75 of Plats, Wayne County Records Proceeding thence due West
72 00 feet to the point of ending (Sidwell Nos 089-01-0001-001 &
090-99-0002-001)
(4) Grant of Easement dated July 18, 1995, executed by Ron Brand,
President, Tri West Development, to the City of Livonia, for
Water Main Easement:
A 12 foot water main easement whose centerline is described as
beginning at a point distant due West 502 56 feet and South
00°11'30" East, 350 47 feet from the Northeast corner of Lot 7, B E
Taylor's Green Acres, being a subdivision of part of the North 1/2
of Section 23, T 1 S , R. 9 E , Livonia Township (now City of
Livonia), Wayne County, Michigan, as recorded in Liber 69, Page
75 of Plats, Wayne County Records Proceeding thence due East
70 00 feet to the point of ending (Sidwell No 089-01-0001-001)
(5) Grant of Easement dated July 18, 1995, executed by Ron Brand,
President, Tri West Development, to the City of Livonia, for
Sanitary Sewer Easement:
A 20 foot sanitary sewer easement whose centerline is described
as beginning at a point distant due West 502 56 feet and South
00°11'30" East, 265 00 feet from the Northeast corner of Lot 7, B E
29314
Taylor's Green Acres, being a subdivision of part of the North 1/2
of Section 23, T 1 S , R. 9 E , Livonia Township (now City of
Livonia), Wayne County, Michigan, as recorded in Liber 69, Page
75 of Plats, Wayne County Records Proceeding thence due East
70 00 feet to the point of ending (Sidwell No 089-01-0001-001)
(6) Grant of Easement dated December 18, 1995, executed by Ron
Brand, President, Tri West Development, to the City of Livonia, for.
Easements. A 20 foot wide Sanitary Sewer easement whose
centerline is described as beginning at a point distant due South
265 00 feet from the Northeast corner of the following described
parcel of land and proceeding thence due East 81 07 feet to a
point of ending,
Also, a Storm Sewer easement over the East 3 5 feet of the
following described parcel of land
Parcel. Part of Lots 2 and 3, B E Taylor's Green Acres, being a
subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E ,
Livonia Twp (now City of Livonia), Wayne County, Michigan, as
recorded in Liber 69, Page 75, of Plats, W C R., described as
beginning at a point distant due West 350 62 feet from the
Northeast corner of Lot 7 and proceeding thence due South 261 68
feet; thence along the road right-of-way along a curve to the left
Radius 50 00 feet central angle 125°06'46" an arc distance of
109 18 feet and whose chord bears South 45°33'21" West 28 57
feet; thence due West 17 71 feet; thence due North 323 82 feet,
thence along the South line of Five Mile Road right-of-way due
East 81 07 feet to the point of beginning (Sidwell No 089-01-
0002-001)
(7) Grant of Easement dated December 18, 1995, executed by Ron
Brand, President, Tri West Development, to the City of Livonia, for.
Easements. A 20 foot wide Sanitary Sewer easement whose
centerline is described as beginning at a point distant due South
252 98 feet and South 72°59'59" West, 41 10 feet from the
Northeast corner of the following described parcel of land and
proceeding thence due West 35 68 feet to a point of ending,
Also, a Storm Sewer easement over the West 8 5 feet of the
following described parcel of land,
Also, a 12 foot wide Water Main easement whose centerline is
described as beginning at a point distant due South 250 00 feet
from the Northeast corner of the following described parcel of land
29315
and proceeding thence South 78°45'00" West, 27 25 feet; thence
due South, 5 84 feet to a point of ending
Parcel. Part of Lots 3 and 4, B E Taylor's Green Acres, being a
subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E ,
Livonia Twp (now City of Livonia), Wayne County, Michigan, as
recorded in Liber 69, Page 75, of Plats, W C R., described as
beginning at a point distant due West 267 80 feet from the
Northeast corner of Lot 7 and proceeding thence along road right-
of-way due South 252 98 feet, thence along road right-of-way
South 72°59'59" West, 67 20 feet; thence along road right-of-way
along a curve to the left, Radius 50 00 feet central angle 24°53'18"
an arc distance of 21 72 feet and whose chord bears North
59°26'32" West, 21 55 feet; thence due North 261 68 feet; thence
along the South line of Five Mile Road right-of-way due East 82 82
feet to the point of beginning (Sidwell No 089-01-0003-001)
(8) Grant of Easement dated December 18, 1995, executed by Ron
Brand, President, Tri West Development, to the City of Livonia, for
Storm Sewer Easement. A 20 foot wide Storm Sewer easement
whose centerline is described as beginning at a point distant due
South 87 50 feet and due West 10 00 feet from the Northeast
corner of the following described parcel of land and proceeding
thence due South 12 50 feet to a point of ending on the South line
of the following described parcel of land
Parcel. Part of Lots 5, 6 and 7, B E Taylor's Green Acres, being a
subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E ,
Livonia Twp (now City of Livonia), Wayne County, Michigan, as
recorded in Liber 69, Page 75, of Plats, W C R., described as
beginning at the Northeast corner of Lot 7 and proceeding thence
due South 100 00 feet; thence due West, 217 80 feet; thence along
road right-of-way due North 100 00 feet, thence along the South
line of Five Mile Road right-of-way due East, 217 80 feet to the
point of beginning (Sidwell No 089-01-0005-001)
(9) Grant of Easement dated December 18, 1995, executed by Ron
Brand, President, Tri West Development, to the City of Livonia, for
Easements. A 20 foot wide Sanitary Sewer easement whose
centerline is described as beginning at a point distant due West
223 80 feet and due South 66 00 feet from the Northeast corner of
the following described parcel of land and proceeding thence due
South 34 00 feet to a point of ending,
Also, a 20 foot wide Storm Sewer easement whose centerline is
described as beginning at a point distant due West 10 00 feet from
29316
the Northeast corner of the following described parcel of land and
proceeding thence due South 100 00 feet to a point of ending on
the South line of the following described parcel of land
Parcel. Part of Lots 5, 6 and 7, B E Taylor's Green Acres, being a
subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E ,
Livonia Twp (now City of Livonia), Wayne County, Michigan, as
recorded in Liber 69, Page 75, of Plats, W C R., described as
beginning at a point distant due South 100 00 feet from the
Northeast corner of Lot 7 and proceeding thence due South 100 00
feet; thence due West, 217 80 feet; thence along road right-of-way
due North 100 00 feet; thence due East 217 80 feet to the point of
beginning (Sidwell No 089-01-0005-002)
(10) Grant of Easement dated December 18, 1995, executed by Ron
Brand, President, Tri West Development, to the City of Livonia, for
Easements. A 20 foot wide Sanitary Sewer easement whose
centerline is described as beginning at a point distant due West
223 80 feet from the Northeast corner of the following described
parcel and proceeding thence due South 75 00 feet to a point of
ending,
Also, a 20 foot wide Storm Sewer easement whose centerline is
described as beginning at a point distant due West 10 00 feet from
the Northeast corner of the following described parcel of land and
proceeding thence due South 89 00 feet, thence due West 217 68
feet to a point of ending
Parcel. Part of Lots 5, 6 and 7, B E Taylor's Green Acres, being a
subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E ,
Livonia Twp (now City of Livonia), Wayne County, Michigan, as
recorded in Liber 69, Page 75, of Plats, W C R., described as
beginning at a point distant due South 200 00 feet from the
Northeast corner of Lot 7 and proceeding thence due South,
100 00 feet; thence due West, 250 56 feet, thence along road
right-of-way North 72°59'59" East, 34 27 feet; thence along road
right-of-way due North, 89 98 feet; thence due East, 217 80 feet to
the point of beginning (Sidwell No 089-01-0005-003)
(11) Grant of Easement dated December 18, 1995, executed by Ron
Brand, President, Tri West Development, to the City of Livonia, for
Water Main Easement. A 12 foot wide Water Main easement
whose centerline is described as beginning at a point distant South
72°59'59" West, 48 94 feet from the Northeast corner of the
following described parcel of land and proceeding thence South
29317
45°00'00" West, 46 82 feet to a point of ending on the West line of
the following described parcel of land
Parcel. Part of Lot 21, B E Taylor's Green Acres, being a
subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E ,
Livonia Twp (now City of Livonia), Wayne County, Michigan, as
recorded in Liber 69, Page 75, of Plats, W C R., described as
beginning at a point distant due South 300 00 feet and due West,
250 56 feet from the Northeast corner of Lot 7 and proceeding
thence due South, 291 18 feet; thence South 88°52'00" West,
64 92 feet; thence due West, 15 00 feet; thence due North, 248 24
feet; thence along road right-of-way along a curve to the left
Radius 50 00 feet central angle 31°27'54" an arc distance of 27 46
feet, whose chord bears North 28°44'00" East; thence North
72°59'59" East, 69 93 feet to the point of beginning. (Sidwell No
089-01-0021-001)
(12) Grant of Easement dated December 18, 1995, executed by Ron
Brand, President, Tri West Development, to the City of Livonia, for
Water Main Easement: A 12 foot wide Water Main easement
whose centerline is described as beginning at a point distant due
North 241 99 feet from the Southeast corner of the following
described parcel of land and proceeding thence due West 1C 21
feet to a point of ending
Parcel. Part of Lots 3, 4 and 21, B E Taylor's Green Acres, being
a subdivision of part of the North 1/2 of Section 23, T 1 S , R. 9 E ,
Livonia Twp (now City of Livonia), Wayne County, Michigan, as
recorded in Liber 69, Page 75, of Plats, W C R., described as
beginning at a point distant due West 431 69 feet and due South
323 82 feet from the Northeast corner of Lot 7 and proceeding
thence due East 17 71 feet; thence along road right-of-way along a
curve to the left Radius 50 00 feet central angle 118°32'04" an arc
distance of 103 44 feet and whose chord bears South 76°16'03"
East a distance of 85 96 feet, thence due South 248 24 feet;
thence due West 101 21 feet; thence due North 268 65 feet to the
point of beginning (Sidwell No 089-01-0003-002)
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Quit Claim Deed and 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, AND BE IT FURTHER RESOLVED,
that said Hillcrest Court is an improved public street and is open for public
street purposes, and FURTHER, that said street is accepted into the
City's Local Street System
29318
On a motion by Brosnan, seconded by McGee, and unanimously adopted,
it was
#117-96 RESOLVED, that having considered a communication from
the Department of Law, dated January 19, 1996, transmitting for Council
acceptance two Grants of Easement, more particularly described as
(1) Grant of Easement dated July 24, 1995, executed by First Choice
General Contractors, a Michigan limited liability corporation, to the
City of Livonia, for
Public Utilities and Drainage Easement:
The North 12 feet of the following parcel of land
Parcel "A" - Part of the N E 1/4 of Section 3, T 1 S , R. 9 E , City
of Livonia, Wayne County, Michigan, described as beginning at a
point distant North 88°16'08" West along the North line of said
Section 3, 1349 05 feet and South 01°55'33" West along the West
R.0 W line of Osmus Avenue (60 feet wide) 1156 20 feet from the
Northeast corner of said Section 3, proceeding thence South
01°55'33" West along the West R.O W line of Osmus Avenue
140 31 feet; thence North 88°12'08" West along the North R.O W
line of Norfolk Avenue (50' wide) 80 00 feet; thence North
01°55'33" East 140 31 feet; thence South 88°12'15" East 80 00
feet to the point of beginning (Sidwell No 009-99-0056-001)
AND
(2) Grant of Easement dated July 24, 1995, executed by First Choice
General Contractors, a Michigan limited liability corporation, to the
City of Livonia, for
Public Utilities and Drainage Easement.
The North 12 feet of the following parcel of land
Parcel "B" - part of the N E 1/4 of Section 3, T 1 S , R. 9 E., City of
Livonia, Wayne County, Michigan, described as beginning at a
point distant North 88°16'08" West along the North line of said
Section 3, 1349 05 feet and South 01°55'33" West along the West
R.O W line of Osmus Avenue (60 feet wide) 1296 51 feet and
North 88°12'08" West along the North R.O W line of Norfolk
Avenue (50 feet wide) 80 00 feet from the Northeast corner of said
Section 3, proceeding thence North 88°12'08" West along the
North R.O W line of Norfolk Avenue (50 feet wide) 80 00 feet;
29319
thence North 01°55'33" East 140 31 feet; thence South 88°12'15"
East 80 00 feet; thence South 01°55'33" West, 140 31 feet to the
point of beginning (Sidwell No 009-99-0056-002)
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 Brosnan, seconded by Duggan, and unanimously
adopted, it was
#118-96 RESOLVED, that having considered a communication from
the Department of Law, dated February 6, 1996, approved for submission
by the Mayor, the Council does hereby, by a two-thirds roll call vote in
accordance with Section 7(1) of the Open Meetings Act, direct that a
closed Committee of the Whole meeting be held on Wednesday,
February 21, 1996, at 7 00 p m for the purposes of discussing litigation
matters and attorney/client privileged communications in connection with
pending litigation
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#119-96 RESOLVED, that having considered a communication from
the Livonia Arts Commission, dated January 30, 1996, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, the Council does, for and on behalf of the City of Livonia, accept
the donation of a watercolor painting titled "David's Porch" to the City's art
collection, the estimated value of which is $400 00
No one wished to speak during the audience communication portion at
the end of the meeting
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#120-96 RESOLVED, that the Council does hereby refer the subject
of the difference in definitions between "direction of the Chair" and "the
Chair's prerogative" according to Robert's Rules of Order to the
Department of Law for its report and recommendation
29320
On a motion by Taylor, seconded by McGee, and unanimously adopted,
this 1,314th Regular Meeting of the Council of the City of Livonia was adjourned at
1115 p m , February 12, 1996
Jo McCotter, City Clerk