HomeMy WebLinkAboutCOUNCIL MINUTES 1995-02-22 28682
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND NINETY-FIRST
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On February 22, 1995, 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 01 p m Councilmember Toy delivered
the invocation
Roll was called with the following result Laura M Toy, Dale A
Jurcisin, Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, and
Gerald Taylor Absent None * (*A vacancy currently exists on the
Council )
Elected and appointed officials present Robert D Bennett,
Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K
White, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director
of Legislative Affairs; Robert R Bishop, City Treasurer; Suzanne Wisler,
Director of Community Resources; Jeanne Treff, Cable Television Director;
Ann W Tavolacci, Deputy City Clerk; Patrick J Tavolacci, Board of
Canvassers; Joseph F Mysliwiec, Court Administrator; Lee Morrow, Planning
Commission; Daniel Piercecchi, Planning Commission; Robert Alanskas,
Planning Commission; Lee Alanskas, Arts Commission; Sean P Brosnan, Zoning
Board of Appeals; and Albert Flores, Zoning Board of Appeals
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#109-95 RESOLVED, that the minutes of the 1,290th Regular
Meeting of the Council of the City of Livonia, held February 8,
1995, are hereby approved as submitted
No one from the audience wished to speak at this time
On a motion by McGee, seconded by Kavanagh, it was
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#110-95 RESOLVED, that having considered letters from the
Secretary of the Livonia Woodcarvers Club, dated January 24, 1995
and February 17, 1995, in connection with the 21st Annual
Woodcarving Show to be conducted at Eddie Edgar Arena on August 5
and 6, 1995, and which request permission to display temporary
advertising signs from July 29 through August 6, 1995, which
signs will be in the following sizes and displayed in the
following locations
A double sign (24" wide x 48" high - tent style) at the
southwest corner of Five Mile and Farmington Roads;
A double sign (24" wide x 48" high - tent style) at the
southeast corner of Five Mile and Farmington Roads;
A 24" wide x 48" high double sign (opens like a book -
hinged in the middle) at the southeast corner of Schoolcraft
and Farmington Roads;
A 24" wide x 48" high double sign (opens like a book -
hinged in the middle) at the northeast corner of Plymouth
and Farmington Roads;
A 42" high x 72" wide sign on Farmington Road at the south
corner of Ford Field; and
A 42" high x 72" wide sign at the southwest corner of
Farmington Road and Lyndon;
the Council does hereby approve and grant this request in the
manner and form herein submitted; FURTHER, the Council does
hereby take this means to indicate that the Livonia Woodcarvers
Club is recognized as a non-profit organization operating in the
community, the action herein being taken for the purpose of
affording the Livonia Woodcarvers Club an opportunity to obtain a
gaming license from the State of Michigan in accordance with
provisions of State statute; FURTHER, the Council does hereby
determine that this request shall receive a Category III
application pursuant to the City of Livonia Fees/Waivers Four
Category Grid dated February 8, 1993, as established in Council
Resolution 371-93, adopted on May 5, 1993
#111-95 RESOLVED, that having considered a communication from
the Court Administrator and District Judges of the 16th District
Court, approved for submission by the Director of Finance and the
Mayor, the Council does hereby authorize the purchase of a
microfilm/microfiche reader-printer and a Model 200 AS400
computer upgrade from IBM Corporation, 18000 W Nine Mile Road,
Southfield, Michigan 48086-5050, for the price of $29, 800 00, the
same to be appropriated and expended from the Drunk Driving
Caseflow Assistance Fund ($27, 000 00) and Account 101-141-000-
983-000 ($2,800 00) for this purpose; FURTHER, the Council does
hereby authorize the said purchase without competitive bidding
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for the reasons set forth in the aforementioned communications
and in accordance with Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
#112-95 RESOLVED, that having considered a communication from
the Cable Television Commission, dated January 30, 1995, approved
by the Director of Community Resources and approved for
submission by the Mayor, and which transmits its resolution
230-95, wherein it is recommended that the allocation of public
access channels be approved as follows (subject to review in one
year)
Channel Designation
3 Community Bulletin Board
8 City Channel
10 M-ITV Educational Programming State
12 Community Programming
13 Catholic Television Network (CTN) &
Eternal Word Television Network (EWTN)
15 Educational Programming Livonia K - 12
16 Educational Programming Livonia College
Network Madonna University/
Schoolcraft College
19 Loaned to MetroVision WADL Mt Clemens
20 College Cable
23 Educational Programming Clarenceville
K-12
24 Loaned to MetroVision WBSX Ann Arbor
25 Blank for future allocation
the Council does hereby concur in and approve of the aforesaid
action
#113-95 RESOLVED, that having considered a letter from the City
Attorney and the City Engineer, dated January 12, 1995, approved
for submission by the Mayor, submitting the offer of Pam and
Steve Pokornicki, 31641 Bobrich Avenue, Livonia, Michigan 48152
for the purchase of certain vacant lots owned by the City of
Livonia, located at 30060 and 30062 Norfolk (Lots 182 and 183
Storm and Fowlers Country Crest Subdivision) , the Council does
hereby request that in accordance with Council Resolution 300-88,
the said property be posted with a "For Sale" sign for 30 days
prior to taking bids, and that the Director of Finance prepare
specifications and obtain competitive bids with a minimum bid
price of $26, 000, which specifications shall contain the
following specific requirements and restrictions
1) The development of the lots in question will require the
improvement of Norfolk and Oporto Avenues as an Alternate IV
type of improvement An additional 30' of right-of-way west
of the centerline of Oporto will be required from the owners
of the properties facing Purlingbrook Avenue;
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2) A water main extension west from Melvin Avenue will be
3) required This will necessitate open cutting Melvin Avenue;
Sanitary sewers are available to service the two properties
in question as platted If the two lots are to be split and
combined so as to face Norfolk Avenue, a public sanitary
sewer extension will be required to service the newly
created west lot; and
4) Construction of two homes on the two lots will require the
extension of the storm sewer system currently located at the
Norfolk and Melvin intersection for purposes of outletting
the home sump pumps;
which bids shall be accompanied by a deposit in the form of a
money order or certified check which is equal to five percent of
the bid price or $500 00, whichever is greater, and in the event
of a default, the deposit is subject to forfeiture or liquidated
damages, and all competitive bids shall thereafter be submitted
to the Council for consideration
#114-95 RESOLVED, that having considered the report and
recommendation of the Departments of Law and Engineering, dated
January 12, 1995, approved for submission by the Mayor and
submitted pursuant to Council Resolutions 670-94 and 671-94 with
respect to the request from Steve and Pam Pokornicki to purchase
City-owned property located south of Eight Mile Road and east of
Merriman at 30060 and 30062 Norfolk (Tax Item Nos 005 01 0182
000 and 005 01 0183 000) , the Council does hereby refer the
subject of the possible improvement of Oporto between Morlock and
Norfolk, including the cost thereof, and acquiring an additional
30 feet of right-of-way west of the centerline of Oporto in order
to widen the road to 60 feet to the Department of Law and the
Engineering Department for a report and recommendation
#115-95 RESOLVED, that having considered a communication from
the City Engineer, dated January 25, 1995, signed by the Finance
Director, and approved for submission by the Mayor, to which is
attached a list of sidewalks requiring installation and/or
replacement on Sunbury Street between Five Mile Road and Jamison
in Section 24, in the City of Livonia, said list being included
herein by reference, and for the reasons stated, the Council does
hereby require the respective owners of lots and premises
referred to in said list to install and/or remove and replace
sidewalk at such premises, and the City Clerk is hereby requested
to do all things necessary to carry out the provisions of this
resolution which is made pursuant to Title 12, Chapter 04,
Section 340 of the Livonia Code of Ordinances, as amended;
FURTHER, said notice shall set forth that the respective owners
of lots and premises herein referred to shall complete said
sidewalk work no later than June 1, 1995, after which date the
Engineering Department shall arrange for the construction and/or
reconstruction of the said sidewalks as an inclusion to the 1995
Sidewalk Program, which program will include all required work
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which has not been completed by private property owners by June
1, 1995; FURTHER, the Council does hereby authorize the
construction, and/or reconstruction of various sections of
sidewalks and crosswalks at certain locations in this area
inasmuch as the same are the City' s responsibility; FURTHER, the
Council authorizes an advance of $23,235 00 from the General
Obligation Road Improvement Bond Issue, subject to reimbursement
from the special assessment receipts, and an amount of $1, 000 00
from the Michigan Transportation Fund (Local Road Account) to pay
for the City' s portion of this project
#116-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 26, 1995,
approved for submission by the Mayor, wherein it is recommended
that certain rights-of-way associated with the widening and
improvement of Seven Mile Road located in the Southeast 1/4 of
Section 6 and the Northeast 1/4 of Section 7 be conveyed to Wayne
County, the legal descriptions of which are as follows
(1) The North 60 feet and the East 60 feet of the East 1/2 of
the Northeast 1/4 of Section 7, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan (Seven Mile Road and
Newburgh Road rights-of-way)
(2) The East 60 feet and the South 60 feet of the following
described parcel of land Part of the Southeast 1/4 of
Section 6, T 1 S , R 9 E , City of Livonia, Wayne County,
Michigan, being more particularly described as follows
Beginning at the Southeast corner, Section 6, T 1 S , R 9
E ; thence along the south line of Section 6, South
89°53'01" West, 335 00 feet; thence North 00°06' 50" East,
600 23 feet; thence North 89°55' 22" East, 335 00 feet;
thence along the east line of Section 6, South 00°06'50"
West, 600 00 feet to the point of beginning; subject to the
rights of the public and of any governmental unit in any
part thereof taken or deeded for street, road or highway
purposes
(3) The South 60 feet of the West 295 0 feet of the East 630 0
feet of the South 220 0 feet of the East 100 acres of the
Southeast 1/4 of Section 6, T 1 S , R 9 E , City of
Livonia, except the East 25 feet thereof, Wayne County,
Michigan (Parcel 06J21a) Seven Mile Road right-of-way
(4) The South 60 feet of the East 218 feet of the following
parcel of land Land in the City of Livonia, Wayne County,
Michigan, being a part of the South 1/2 of Section 6, T 1
S , R 9. E , more particularly described as That part of
the East 100 acres of the S E 1/4 of Section 6, described
as beginning at a point on the South line of said Section,
distant S 89°38' 20" W , 630 feet from the S E corner of
Section 6 and proceeding thence S 89°38'20" W along said
S line 218 0 feet, thence N 0°05'40" W , 158 50 feet;
thence S 89°38'20" W , 300 0 feet; thence N 0°05'40" W
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573 50 feet; thence N 89°38'20" E 518 0 feet; thence S
0°05'40" E 732 0 feet to the point of beginning (06J20) -
Seven Mile Road right-of-way
(5) South 60 feet of West 50 0 feet of the East 898 0 feet of
the South 158 50 feet of the East 100 acres of the Southeast
1/4 of Section 6, City of Livonia, Wayne County, Michigan
(6) South 60 feet of the West 100 0 feet of the East 998 0 feet
of the South 158 50 feet of the East 100 acres of the
Southeast 1/4 of Section 6, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan (06J18) - Seven Mile Road
right-of-way
and
South 60 feet of the West 75 feet of the East 1073 feet of
the South 158 50 feet of the East 100 acres of the Southeast
1/4 of Section 6, T 1 S , R 9 E , City of Livonia, Wayne
County, Michigan (06J16bJ17) - Seven Mile Road right-of-way
(7) The South 60 feet of the following parcel of land Land in
the City of Livonia, Wayne County, Michigan, being a part of
the South 1/2 of Section 6, T 1 S , R 9 E , more
particularly described as The West 75 feet of the East
1148 feet of the South 158 50 feet of the East 100 acres of
the S E 1/4 of Section 6 (06J15, 16a) - Seven Mile Road
right-of-way
(8) Land in the City of Livonia, County of Wayne, State of
Michigan, described as The South 60 feet of the West 50 0
feet of the East 1248 0 feet of the South 158 50 feet of the
East 100 acres of the Southeast 1/4 of Section 6, T 1 S ,
R 9 E , City of Livonia, Wayne County Records (06J13) -
Seven Mile Road right-of-way
and
Land in the City of Livonia, County of Wayne, State of
Michigan, described as The South 60 feet of the West 50 0
feet of the East 1198 0 feet of the South 158 50 feet of the
East 100 acres of the S E 1/4 of Section 6, T 1 S , R 9
E , City of Livonia (06J14) - Seven Mile Road right-of-way
the Council does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute proper deeds of
conveyance of the aforesaid Seven Mile Road rights-of-way to the
County of Wayne, subject to approval as to form by the Department
of Law
#117-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 1, 1995,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby accept the
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unit price bid of Siteworks Construction Company, P 0 Box 1437,
Monroe, Michigan 48161, for the expansion and reconstruction of
the Shelden Park Senior Center parking lot and the installation
of a greenbelt along the west right-of-way of Deering Avenue
between Plymouth Road and Wadsworth Avenue, for the estimated
total cost of $23, 599 60, based upon the Engineering Department's
estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit
prices accepted herein, said estimated cost and unit prices
having been in fact the lowest bid received for this item;
FURTHER, the sum of $15,439 60 is hereby authorized and
appropriated from the Community Development Block Grant Program
for the parking lot improvement at Shelden Park Senior Center and
the sum of $8, 160 00 is hereby authorized and appropriated from
the Community Development Block Grant Program for the Deering
Avenue greenbelt planting; and the City Engineer is hereby
authorized to approve minor adjustments in the work as it becomes
necessary; and the Mayor and City Clerk are hereby authorized to
execute a contract for and on behalf of the City of Livonia with
the aforesaid bidder and to do all other things necessary or
incidental to the full performance of this resolution
#118-95 RESOLVED, that having considered a communication from
the City Engineer (in his capacity as Street Administrator) ,
dated February 6, 1995, which bears the signature of the Finance
Director, approved for submission by the Mayor, and submitted
pursuant to Section 13 (6) (a) of Act 51, of the Public Acts of
Michigan of 1951, as amended, with regard to the transfer of
funds for the fiscal year 1994-95 from the Major Street System
Account to the Local Street System Account, the Council does
hereby authorize the transfer of a sum up to, but not to exceed,
25% of the amount designated for the Major Street System to be
used on the Local Street System, and the City Clerk and Finance
Director are hereby authorized to do all things necessary or
incidental to fulfill the purpose of this resolution
#119-95 RESOLVED, that having considered a communication from
the City Engineer (in his capacity as Street Administrator) dated
February 6, 1995, which bears the signature of the Finance
Director, approved for submission by the Mayor, and submitted
pursuant to Section 13 (6) (b) of Act 51 of the Public Acts of
Michigan of 1951, as amended, with regard to the transfer of
funds for the fiscal year of 1994-95 from the Major Street System
Account to the Local Street System Account, the Council does
hereby authorize the transfer of a sum up to, but not to exceed,
$600, 000 from those funds designated for use on the Major Street
System to be used on the Local Street System; and the City Clerk
and Finance Director are hereby authorized to do all things
necessary or incidental to fulfill the purpose of this
resolution
#120-95 RESOLVED, that having considered a letter from the
Mayor, dated February 8, 1995, with respect to the sale of
City-owned properties located near Seven Mile and Fitzgerald,
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south of the Fox Creek Golf Course, the Council does hereby
request that the Department of Law obtain updated appraisals as
necessary to ascertain the fair market value thereof; FURTHER,
the Council does hereby appropriate and authorize the expenditure
of a sum not to exceed $500 00 from the Unexpended Fund Balance
Account for purposes of making payment to the appraiser for
services rendered in the preparation of amended appraisals;
FURTHER, after such appraisals have been obtained, the Council
does hereby request that in accordance with Council Resolution
300-88 the said properties be posted with a "For Sale" sign for
30 days prior to taking bids and that the Director of Finance
prepare specifications and obtain competitive bids with a minimum
bid price in accordance with the appraisals obtained, which bids
shall be accompanied by a deposit in the form of a money order or
certified check which is equal to 51 of the bid price or $500 00,
whichever is greater, and that in the event of a default the
deposit is subject to forfeiture or liquidated damages and all
competitive bids shall thereafter be submitted to the Council for
consideration
#121-95 WHEREAS, pursuant to the direction of the City Council
in its resolution 43-95, adopted on January 18, 1995, and in
accordance with Section 3 08 140 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
February 6, 1995 an assessment roll dated February 6, 1995 for
the street lighting improvement consisting of the installation of
100-watt high pressure sodium lights on colonial post top poles
in Hunters Pointe Subdivision located in the Southeast 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
43-95;
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, April 3, 1995, 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
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City, at least ten (10) days prior to the aforesaid date of April
3, 1995; 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
#122-95 RESOLVED, that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan of
1921, as amended, the City Zoning Act (MSA 5 2934; MCLA 125 584) ,
as well as Article XXIII of Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia, the Council does hereby
determine that a public hearing will take place before the City
Council of the City of Livonia on Monday, April 3, 1995 at 8 00
p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items
(1) Petition 94-11-1-24, submitted by the City Planning
Commission on its own motion, for a change of zoning of
property located south of Plymouth Road between Farmington
and Stark Roads in the Northeast 1/4 of Section 33, from RUF
to R-1A, the City Planning Commission in its resolution
1-9-95 having recommended to the City Council that Petition
94-11-1-24 be approved;
(2) Petition 94-12-1-26, submitted by Las Brisas Development
Company and Perpich-Murninghan Venture, for a change of
zoning of property located on the north side of Five Mile
Road between Garden Avenue and Harrison Avenue in the
Southwest 1/4 of Section 13, from RUF to R-7, the City
Planning Commission in its resolution 1-10-95 having
recommended to the City Council that Petition 94-12-1-26 be
approved; and
(3) Petition 94-12-1-27, submitted by Philip Barth, for a change
of zoning of property located south of Schoolcraft and west
of Farmington Road in the Northeast 1/4 of Section 28, from
M-1 to C-2, the City Planning Commission in its resolution
1-11-95 having recommended to the City Council that Petition
94-12-1-27 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
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A roll call vote was taken on the foregoing resolutions with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor
NAYS None
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#123-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 25,
1995, submitted pursuant to Council Resolution 728-94 in
connection with a communication from the City Planning
Commission, dated September 26, 1994, which transmits its
resolution 9-163-94, adopted on September 20, 1994, with regard
to Petition 94-9-8-18 submitted by Tech Express Corp , requesting
approval of all plans in connection with a proposal to construct
an addition to the gas station located at 29401 Seven Mile Road
in the Northeast 1/4 of Section 11, pursuant to the provisions
set forth in Section 18 47 of Ordinance No 543, as amended, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 94-9-8-18 is hereby approved and granted,
subject to the following conditions
1) That the Site Plan, defined as Drawing D-1 dated October 10,
1994, by Sun Company, Inc is hereby approved and shall be
adhered to;
2) That the Landscape Plan, defined as Drawing L-1 dated
October 10, 1994, by Sun Company, Inc is hereby approved
and shall be adhered to, and that the landscape materials
shall be installed prior to the issuance of a Certificate of
Occupancy and thereafter permanently maintained in a healthy
condition;
3) That the Elevation Plan, defined as Drawing A-2 dated May
25, 1994, by Sun Company, Inc is hereby approved and shall
be adhered to;
4) The petitioner is to install a cedar wood gate on the
dumpster enclosure;
5) In the event the petitioner can reach agreement with the
adjacent property owner, the petitioner will remove the wall
along the west side cf the property;
6) The petitioner will convey additional right-of-way along
Seven Mile Road to the City so that Seven Mile Road will be
dedicated to its fullest extent adjacent to the subject
site;
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7) The dead and/or dying landscaping is to be replaced as soon
as possible; and
8) The petitioner is to erect a "No Parking" sign on the west
side of the property (in front of the door) to discourage
customer parking which could create a traffic flow problem
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
#124-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 13,
1995, submitted pursuant to Council Resolution 33-95 in
connection with a letter from the Michigan Liquor Control
Commission, dated October 12, 1994, and the report and
recommendation of the Chief of Police, dated November 30, 1994,
approved for submission by the Mayor, the Council does hereby
approve of the request from Dallo's Brothers, Inc , stockholders
Carl Dallo and Ralph Dallo, for transfer of ownership of a 1994
SDM licensed business from Arbor Ridge, Inc for a business
located at 9479 Newburgh Road, 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
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#125-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 13,
1995,
WHEREAS, on September 9, 1994, Advance/Newhouse Partnership (a
New York general partnership whose partners are Vision Cable
Communications, Inc , and Newhouse Broadcasting Corporation,
hereinafter called "Advance Newhouse") and Time Warner
Entertainment Company, L P , a Delaware limited partnership
(TWE") , entered into a partnership agreement for the formation of
Time Warner Entertainment-Advance Newhouse Partnership, a New
York general partnership ("TWE-A/N") ; and
WHEREAS, by Contribution Agreement dated September 9, 1994, by
and among TWE, Advance/Newhouse, Advance Publications, Inc
("Advance") , and Newhouse Broadcasting Corporation ("Newhouse") ,
Advance and Newhouse agreed to transfer certain cable television
systems to TWE-A/N, including the system serving the City of
Livonia; and
WHEREAS, MetroVision of Livonia, Inc ("MetroVision") is the
grantee of a cable television franchise in the City of Livonia
under City of Livonia Ordinance No 1685 (the "Franchise") ; and
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WHEREAS, MetroVision is directly or indirectly owned and
controlled by Newhouse and Advance and the Advance/Newhouse
Partnership, and pursuant to the terms of the Contribution
Agreement they will transfer the Franchise to TWE-A/N so that
after the transaction the Franchise and the cable television
system authorized by the Franchise will be owned and operated by
TWE-A/N; and
WHEREAS, MetroVision and TWE-A/N submitted an Application for
Franchise Authority Consent to transferandassignment of the
Franchise on FCC form 394, providing certain information with
respect to the parties and the proposed transfer; and
WHEREAS, MetroVision and TWE-A/N submitted additional information
and documents in response to requests of the City relating to the
transaction and its effect on the provision of cable television
service within the City; and
WHEREAS, the City is relying upon the information and documents
submitted by MetroVision and TWE-A/N in acting upon the
Application for Franchising Authority consent; and
WHEREAS, the City and MetroVision, in a Memorandum of
Understanding to be entered into between the parties, have
resolved certain outstanding matters of franchise noncompliance
with respect to obligations of MetroVision to purchase additional
community access equipment and related issues; and
WHEREAS, the City does not intend to exercise its right of first
refusal provided in Section 5-1815 (a) of the Franchise; and
WHEREAS, the City intends to authorize and consent to the
transfer and assignment of the Franchise subject to TWE-A/N's
acceptance of the terms and conditions set forth herein;
NOW, THEREFORE, BE IT RESOLVED that the City of Livonia does
hereby authorize and consent to the transfer and assignment of
the cable television franchise granted by Ordinance No 1685 to
Time Warner Entertainment-Advance/Newhouse Partnership, a New
York general partnership, subject to the following conditions
a) Execution by MetroVision of Livonia, Inc of the Memorandum
of Understanding regarding purchase of community access
equipment, and
b) The execution by MetroVision of Livonia, Inc and Time
Warner Entertainment-Advance/Newhouse Partnership of an
Assumption Agreement as provided for in Ordinance No
1685, said Assumption Agreement to continue as obligations
of the franchisee all requirements of the pertinent City
ordinances, the Franchise Agreement, including the
referenced Request For Proposals and Pro-Formas, and all
Memorandums of Understanding executed between MetroVision of
Livonia, Inc and the City of Livonia;
(REVISED PAGE)
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and the Mayor and City Clerk are hereby authorized, for and on
behalf of the City of Livonia, to affix their signatures to the
Memorandum of Understanding referred to herein, subject to
approval as to form by the Department of Law; FURTHER, the
Department of Law is hereby requested to prepare an appropriate
ordinance regarding this transfer for submission to Council
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#126-95 RESOLVED, that having considered a letter from
Councilmember Ochala dated January 9, 1995, wherein he indicates
his desire to resign from the Livonia City Council effective
January 31, 1995, the Council does hereby accept the resignation
of Councilmember Ron Ochala effective January 31, 1995
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#127-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 16,
1995, Maureen Miller Brosnan, 11320 Arden, Livonia, MI 48150, is
hereby appointed to the Office of Councilmember of the Livonia
City Council to fill the unexpired term of Ron Ochala, which
expires December 31, 1995
Toy made the following disclosure regarding the next Agenda item
Prior to the public hearing on the Italian American Club, my concern
was that a conflict of interest could keep me from participating I was
told by the City Attorney that it was my option to attend or not to attend
that hearing Let the public record show I did participate in the hearing,
but was merely present My concern is that I am a member of the Italian
American Club for approximately the last 10 years I am classified as a
lifetime member and I have paid $1,000 to join and hold a lifetime
membership I have no financial interest or fiduciary interest in the
Club I am not a member of the Board of Directors and have no governing
authority other than being a member at large In a previous vote held
approximately three years ago regarding the zoning of land for the Club the
facts were similar I had the same concern I was told then by the
attorney representing the Italian American Club and the former Chief City
Attorney that I should recuse myself I anticipate that someone may
perceive this vote as being a conflict of interest Although I have no
financial or personal gain, I recognize my duty as a public official to
conduct City business because of the advice I have received I offer this
full disclosure of any conflict of interest and ask the City Attorney for
her judgement and authority
City Attorney White advised Councilmember Toy that since she has no
financial interest in this matter, the Charter has a clause stating she may
vote, or, if she so wishes, she may also decline to vote on this issue if
she feels there is an appearance of impropriety
Councilmember Feenstra challenged, for the record, the advice of the City
Attorney on whether or not Toy should vote, explaining that this interpre-
tation was drawn from the old Charter, which had been amended by ordinance
and which further defined the obligations of councilmembers to vote on each
and every issue
28695
On a motion by Kavanagh, seconded by Jurcisin, and unanimously
adopted, it was
#128-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 1, 1994, which sets
forth its resolution 11-191-94, adopted on November 22, 1994,
with regard to Petition 94-9-2-30 submitted by Italian American
Club Banquet Hall, Inc requesting waiver use approval to utilize
a Class C license for an existing banquet hall located on the
north side of Five Mile Road between the I-96/I-275 Expressway
and Knolson Avenue in the Southwest 1/4 of Section 18, which
property is zoned C-2, and the Council having conducted a public
hearing with regard to this matter on February 15, 1995, pursuant
to Council Resolution 846-94, the Council does hereby reject the
recommendation of the City Planning Commission and said Petition
94-9-2-30 is hereby approved and granted
Toy gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 011 TO CHAPTER 36
(OPERATING VEHICLE WHILE UNDER INFLUENCE OF
LIQUOR AND/OR CONTROLLED SUBSTANCE) OF TITLE 10
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
Kavanagh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 94-8-1-19)
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
28696
AN ORDINANCE ADDING SECTION 011 OF TITLE 6,
CHAPTER 08 (MISCELLANEOUS REGULATIONS) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 94-9-3-8)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Toy took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 94-9-3-9)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
28697
Jurcisin took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 94-9-3-10)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#129-95 RESOLVED, that having considered a communication from
the Department of Law, dated January 25, 1995, approved by the
City Engineer and the Finance Director and approved for
submission by the Mayor, the Council does hereby authorize the
Department of Law to acquire a 27 foot strip of property, 253
feet in length, owned by Eugene C Oliver and Evelyn M Oliver
which land is more particularly described as follows
The South 60 feet of the following described parcel
The West 253 ft of the East 629 ft of the South 173 ft of
the East 1/2 of the S E 1/4 of Section 1, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan (Seven Mile Road
right-of-way ) Part of Tax Parcel No 004-99-0070-000
subject to the following conditions
1 That the purchase price shall be in the sum of $6, 831 00;
2 That the City of Livonia shall pay for the cost of title
work and any application costs in obtaining a discharge of
mortgage on the property in the sum not to exceed $300 00;
and
3 That the City's portion of the prorated City, County, County
Drain, School and Community College taxes shall be in a sum
not to exceed $169 00
BE IT FURTHER RESOLVED, that a sum not to exceed $7,300 00 is
hereby authorized to be expended from the $12 Million General
Obligation Road Improvement Bond Issue approved by the electorate
28698
in 1989 for the acquisition of said Seven Mile Road right-of-way;
and the City Clerk is hereby requested to do all things necessary
or incidental to the full performance of this resolution
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
#130-95 RESOLVED, that having considered a communication dated
January 31, 1995, from the Department of Law transmitting for
Council acceptance three Quit Claim Deeds and three Grants of
Easement, more particularly described as
(1) Quit Claim Deed dated January 18, 1995, executed by Leo
Soave, President of Soave Building Company, Inc , a Michigan
Corporation, to the City of Livonia, for
The North twenty-five (25) feet of the following parcel of
land
Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, more fully
described as commencing at the South 1/4 corner of said
Section 6; thence N 88°03' 03" E 989 69 feet along the
south line of said Section 6; thence N 01°41'47" W ,
1130 00 feet; thence N 88°03' 03" E 164 83 feet to the
point of beginning; thence N 88°03' 03" E 82 40 feet;
thence S 01°43' 00" E 398 00 feet; thence S 88°03' 03" W
82 40 feet; thence N 01°43' 00" E 398 00 feet to the point
of beginning (Sidwell No 024-99-0015-001 Northland Drive
Right-of-Way)
(2) Quit Claim Deed dated January 18, 1995, executed by Leo
Soave, President of Soave Building Company, Inc , a Michigan
Corporation, to the City of Livonia, for
The North twenty-five (25) feet of the following parcel of
land
Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, more fully
described as commencing at the South 1/4 corner of said
Section 6; thence N 88°03' 03" E 989 69 feet along the
south line of said Section 6; thence N 01°41'47" W 1130 00
feet; thence N 88°03' 03" E 247 23 feet to the point of
beginning; thence N 88°0303" E 82 40 feet; thence S
01°43' 00" E 398 00 feet; thence S 88°03' 03" W 82 40 feet;
thence N 01°43' 00" E 398 00 feet to the point of
beginning (Sidwell No 024-99-0015-002 Northland Drive
Right-of-Way)
(3) Quit Claim Deed dated January 18, 1995, executed by Leo
Soave, President of Soave Building Company, Inc , a Michigan
Corporation, to the City of Livonia, for
28699
The North twenty-five (25) feet of the following parcel of
land
Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, more fully
described as commencing at the South 1/4 corner of said
Section 6; thence N 88°03' 03" E 989 69 feet along the
south line of said Section 6; thence N 01°41'47" W 1130 00
feet; thence N 88°03' 03" E 329 63 feet to the point of
beginning; thence N 88°03' 03" E 82 40 feet; thence S
01°43' 00" E 398 00 feet; thence S 88°03' 03" W 82 40 feet;
thence N 01°43' 00" E 398 00 feet to the point of
beginning (Sidwell No 024-99-0015-003 Northland Drive
Right-of-Way)
(4) Grant of Easement dated January 10, 1995, executed by Leo
Soave, President of Soave Building Company, Inc , a Michigan
Corporation, to the City of Livonia, for
Sanitary Sewer Easement
The North twelve (12) feet of the following parcel of land
Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, more fully
described as commencing at the South 1/4 corner of said
Section 6; thence N 88°03' 03" E 989 69 feet along the
south line of said Section 6; thence N 01°41'47" W 1130 00
feet; thence N 88°03' 03" E 164 83 feet to the point of
beginning; thence N 88°03' 03" E 82 40 feet; thence S
01°43' 00" E 398 00 feet; thence S 88°03' 03" W 82 40 feet;
thence N 01°43' 00" E 398 00 feet to the point of beginning
subject to the right-of-way for Northland Drive along the
North 25 00 feet thereof (Sidwell No 024-99-0015-001)
(5) Grant of Easement dated January 10, 1995, executed by Leo
Soave, President of Soave Building Company, Inc , a Michigan
Corporation, to the City of Livonia, for
Sanitary Sewer Easement
The North twelve (12) feet of the following parcel of land
Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, more fully
described as commencing at the South 1/4 corner of said
Section 6; thence N 88°03' 03" E 989 69 feet along the
south line of said Section 6; thence N 01°41'47" W 1130 00
feet; thence N 88°03' 03" E 247 23 feet to the point of
beginning; thence N 88°03' 03" E 82 40 feet; thence S
01°43'00" E 398 00 feet; thence S 88°03' 03" W 82 40 feet;
thence N 01°43' 00" E 398 00 feet to the point of beginning
subject to the right-of-way for Northland Drive along the
North 25 00 feet thereof (Sidwell No 024-99-0015-002)
CORRECTED PAGE-SEE CR #131-95
28700
(6) Grant of Easement dated January 10, 1995, executed by Leo
Soave, President of Soave Building Company, Inc , a Michigan
Corporation, to the City of Livonia, for
Sanitary Sewer Easement
The North twelve (12) feet of the following parcel of land
Part of the Southeast 1/4 of Section 6, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, more fully
described as commencing at the South 1/4 corner of said
Section 6; thence N 88°03' 03" E 989 69 feet along the
south line of said Section 6; thence N 01°41'47" W 1130 00
feet; thence N 88°03' 03" E 329 63 feet to the point of
beginning; thence N 88°03'03" E 82 40 feet; thence S
01°43' 00" E 398 00 feet; thence S 88°03' 03" W 82 40 feet;
thence N O1°43' 00" E 398 00 feet to the point of beginning
subject to the right-of-way for Northland Drive along the
North 25 00 feet thereof (Sidwell No 024-99-0015-003)
the Council does- hereby, for and in behalf of the City of
Livonia, accept the aforesaid Quit Claim Deeds 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
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was
#131-95 RESOLVED, that having considered a communication from
the Department of Law, dated February 10, 1995, submitted
pursuant to Council Resolution 872-94, transmitting for Council
acceptance a Warranty Deed dated February 9, 1995, executed by
Susan M Martin, conveying to the City certain property described
as follows
The North 60 feet of the following described parcel
The North 660 feet of the West 1/2 of the West 1/2 of the
NW 1/4 of Section 11, T 1 S , R 9E , City of Livonia,
Wayne County, Michigan, except the West 528 feet thereof
(Seven Mile Road Right-of-Way) Part of Tax Parcel No
042-99-0030-000
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
28701
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was
#132-95 RESOLVED, that having considered a communication from
the Director of Community Resources, dated January 31, 1995,
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 $480 00 from the
sources indicated in the aforesaid communication; FURTHER, the
Council does hereby appropriate and credit the sum of $480 00 to
Account No 702-000-285-216 for use in the Senior Citizen
Programs
There was no audience communication at the end of the meeting
Councilmember Feenstra extended a birthday greeting to Council
President Taylor, whose birthday is tomorrow, February 23, 1995
Councilmember Jurcisin also extended a birthday greeting to
his wife, Bonnie, whose birthday is Saturday, February 25, 1995
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, this 1, 291st Regular Meeting of the Council of the City of Livonia
was adjourned at 8 42 p m , February 22, 1995
(50;tti
J An McCotter, City Clerk