HomeMy WebLinkAboutCOUNCIL MINUTES 1994-11-21 28552
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTY-FIFTH
11. REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On November 21, 1994, 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 Kavanagh
delivered the invocation
Roll was called with the following result Sean P Kavanagh,
Laura M Toy, Dale A Jurcisin, Fernon P Feenstra, Michael P McGee, and
Gerald Taylor Absent Ron Ochala (personal business)
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; Elizabeth Todd, Deputy Treasurer; Robert Bishop,
Treasurer; and William C Fried, Municipal Building Authority
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was
#809-94 RESOLVED, that the minutes of the 1,284th Regular
Meeting of the Council of the City of Livonia, held November 9,
1994, are hereby approved as submitted
There was no audience communication at the beginning of the
meeting
Council President Taylor referred to the Law Department a
communication he received from Peter F Tynan, 17862 Country Club, Livonia,
asking various questions pertaining to the term limits issue that was on
the November 8, 1994 General Election ballot
On a motion by Feenstra, seconded by Jurcisin, it was
#810-94 RESOLVED, that having considered a letter from Leslie
Snow, 18774 Renwick, Livonia, Michigan 48152, dated October 28,
1994, with regard to the Church of Jesus Christ of Latter-day
Saints 7th Annual Christmas Creche Exhibit (nativity scenes) to
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be displayed in the church building on the corner of Six Mile
Road and Merriman, and wherein permission is requested to place
signs at the following locations throughout the City from
November 21, 1994 through December 5, 1994
1) (1) 4' x 5' wooden sign on the lawn of the church directly
in front of the building, set back at least 10 feet from the
sidewalk on the south side of the property;
2) (2) 3' x 4' two-sided sandwich board signs located on the
lawn of the church at each driveway (one off of Six Mile and
one off of Merriman) set back at least 10 feet from the
sidewalk;
3) (16) wire lawn signs (size 11" x 14") with these words
"Nativity Exhibit"
Dec 2 - 5
Corner of Six Mile and Merriman
at the following corners
Five Mile and Newburgh;
Six Mile and Newburgh;
Seven Mile and Newburgh;
Eight Mile and Newburgh;
Five Mile and Merriman;
Seven Mile and Merriman;
Eight Mile and Merriman;
Five Mile and Levan;
Six Mile and Levan;
Seven Mile and Levan;
Six Mile and Middlebelt;
Lyndon and Farmington;
Seven Mile and Farmington;
Five Mile and Hubbard;
Merriman Road Post Office; and
Newburgh Road Post Office;
the Council does hereby concur in and approve this request in the
manner and form herein submitted
#811-94 RESOLVED, that having considered a communication from
the Housing Director, dated October 27, 1994, approved by the
Finance Director and approved for submission by the Mayor, the
Council does hereby authorize the sale of City-owned property
located at 11812 Haller, Livonia, Michigan 48150, and more
particularly described as follows
Part of the SW 1/4 of Section 25, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan, described as beginning at a
L
point distant S 87° 13' E 1327 93 ft thence N 02° 47' E
962 0 ft , thence S 77° 54' 10" W 155 76 ft from the SW
corner of Section 25; thence N 87° 13' W 267 04 ft thence
S 02° 54' 30" W 71 0 ft thence N 77° 54' 09" E 276 47
ft to the point of beginning 21 ac
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to the City of Livonia acting by and through the Livonia Housing
Commission for a total purchase price of $89, 000 00 to be
110, expended from Federal grant monies awarded in the Annual
Contributions Contract for utilization in the public housing
development program, the action herein being taken in order to
best serve the interests of the community and in accordance with
Section 3 05 090C of the Livonia Code of Ordinances, as amended;
and the Mayor and City Clerk are hereby authorized, for and on
behalf of the City of Livonia, to execute a quit claim deed and
such other documents as may be necessary or incidental to fulfill
the purpose of this resolution; and the Department of Law is
hereby requested to prepare and place in proper form such legal
documents as may be necessary to consummate this transaction;
FURTHER, the proceeds of the sale shall be used to reimburse the
Community Development Block Grant program
A communication from the Livonia Housing Commission, dated
November 1, 1994, re the McNamara Towers modernization grant award from
the U S Department of Housing and Urban Development (HUD) for improvement
programs for the McNamara Tower #1 and #2 was received and placed on file
for the information of the Council
#812-94 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 31,
1994, approved for submission by the Mayor, and to which is
attached a copy of a letter from Lawrence F Drummy of Perry &
Drummy, Inc , dated October 24, 1994, the Council does hereby
authorize an extension of the City's current agreement with Hertz
Claims Management Corporation, 33533 W Twelve Mile Road, Suite
350, Farmington Hills, MI 48331, wherein Hertz Claims Management
Corporation would be the third party administrator of the City's
self-insurance short-term disability program at a cost of $1 08
per month per eligible employee (estimated cost of $8, 748 00) ,
and which agreement would be for the period December 1, 1994
through November 30, 1995; FURTHER, the Council does hereby
authorize the action herein without competitive bidding in
accordance with Sections 3 04 140D2 and 4 of the Livonia Code of
Ordinances, as amended
#813-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 27, 1994,
approved for submission by the Mayor, the Council does hereby
authorize the release to ACO Development, Inc , 9766 Joy Road,
Plymouth, Michigan 48170, the proprietor of Gill Orchards
Subdivision, located in the Southeast 1/4 of Section 4, of the
financial assurances previously deposited with respect to the
Sidewalk Improvements in the sum of $21, 700 00 (of which
$2,000 00 is in cash) , and the Cash Payment in the amount of
$2, 400 00 relative to Grading and Soil Erosion Control, pursuant
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to Council Resolution 663-89, adopted on July 17, 1989; and the
Laction 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
#814-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 1, 1994,
approved for submission by the Mayor, the Council does hereby
authorize the release to Excalibur Development Company, Inc and
Elaine J Beresh, 31731 Northwestern Highway, Suite 257 West,
Farmington Hills, MI 48334, the proprietor of Caliburn Estates
Subdivision No 1, located in the Northwest 1/4 of Section 8, of
the financial assurances previously deposited with respect to the
General Improvements in the sum of $47, 000 00 ($5, 000 00 minimum
cash) , the Sidewalk Bond in the sum of $46,200 00 ($5, 000 00
minimum cash) , the Grading and Soil Erosion Control Bond in the
sum of $5,100 000 ($2, 000 00 minimum cash) , Entrance Markers in
the sum of $5, 000 00 ($2, 000 00 minimum cash) and the Cash
Payment in the amount of $1,400 00 relative to the placement of
Survey Monuments and Lot Markers, pursuant to Council Resolution
662-89, adopted on July 17, 1989, and subsequently amended in
Council Resolution 665-90; 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
#815-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 1, 1994,
approved for submission by the Mayor, the Council does hereby
authorize the release to Excalibur Development Company, Inc and
Elaine J Beresh, 31731 Northwestern Highway, Suite 257 West,
Farmington Hills, MI 48334, the proprietor of Caliburn Manor
Subdivision No 1, located in the Northeast 1/4 of Section 7, of
the financial assurances previously deposited with respect to the
General Improvements Bond in the sum of $75, 000 00 ($7,500 00
minimum cash) , the Sidewalk Bond in the sum of $62, 000 00
($5, 000 00 minimum cash) , the Grading and Soil Erosion Control
Bond in the sum of $4, 500 00 ($2, 000 00 minimum cash) , Entrance
Markers in the sum of $29, 000 00 ($3, 000 00 minimum cash) , and
the Cash Payment in the amount of $1, 510 00 relative to the
placement of Survey Monument and Lot Markers, pursuant to Council
Resolution 185-90, adopted on February 28, 1990, and subsequently
amended in Council Resolution 666-90; 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
#816-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 2, 1994,
which bears the signature of the Finance Director and is approved
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for submission by the Mayor, regarding replacement and/or
construction of new sidewalks in the City of Livonia pursuant to
the 1992 Sidewalk Repair Program at the locations and in the
amounts indicated in the attachment to the aforesaid
communication, which work was done pursuant to Council Resolution
Nos 181-92, 769-93 and 616-94, and in accordance with the
provisions of Section 12 04 340 of Chapter 4 of Title 12 of the
Livonia Code of Ordinances, as amended, the City Treasurer is
hereby directed to send a statement of charges to all property
owners in the amounts listed above in accordance with Section
3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances,
as amended, and the Council does hereby establish the evening of
Wednesday, February 8, 1995 at 8 00 p m at the Livonia City
Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time
and place when the Council shall meet for the purpose of adopting
a resolution placing a special assessment upon said property for
such charges unless the same are paid prior to the date of such
meeting; and the City Clerk and City Treasurer are hereby
requested to do all things necessary or incidental to the full
performance of this resolution
#817-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 2, 1994,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, and which submits a request for an
additional appropriation in connection with the 1992 Sidewalk
Program, the Council does hereby authorize an appropriation in
the amount of $15,000 00 from the $12 Million General Obligation
Road Improvement Bond Issue to pay the contractor, Core Concrete
Construction Company, for additional work that was done with the
provision that the Bond Issue be reimbursed at such time as funds
are subsequently received from the payment of bills and
assessments by affected property owners
#818-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 7, 1994, which
transmits its resolution 11-183-94, adopted on November 1, 1994,
with regard to Petition 94-9-2-29, submitted by Quality Dining,
Inc , requesting waiver use approval to operate a full-service
restaurant to be located in an existing shopping center located
on the north side of Six Mile Road between Newburgh Road and
Fitzgerald Avenue in the Southwest 1/4 of Section 8, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
94-9-2-29 is hereby approved and granted, subject to the
following condition
That the maximum number of customer seats shall be limited
to 54
#819-94 RESOLVED, that having considered a communication from
the Council President, dated November 7, 1994, to which is
attached a proposed schedule of Council Study and Regular
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Meetings for the period January 1, 1995 through December 31,
1995, the Council does hereby approve the following dates for
City Council Meetings for 1995, subject to change with notice
STUDY MEETINGS REGULAR MEETINGS
JANUARY
Monday, January 9 1995 Wednesday, January 18
Monday, January 23 Monday, January 30
FEBRUARY
Wednesday, February 1 1995 Wednesday, February 8
Monday, February 13 Wednesday, February 22
MARCH
Monday, February 27 1995 Wednesday, March 8
Wednesday, March 15 Wednesday, March 22
APRIL
Monday, March 27 1995 Wednesday, April 5
Monday, April 10 Wednesday, April 19
MAY
Monday, April 24 1995 Wednesday, May 3
Monday, May 8 Wednesday, May 17
JUNE
Monday, May 22 1995 Monday, June 5
Wednesday, June 14 Wednesday, June 21
JULY
Monday, June 26 1995 Monday, July 10
Monday, July 17 Monday, July 24
AUGUST
Wednesday, July 26 1995 Monday, August 14
Monday, August 21 Wednesday, August 30
SEPTEMBER
Wednesday, September 6 1995 Wednesday, September 13
Monday, September 18 Wednesday, September 27
OCTOBER
Monday, October 2 1995 Wednesday, October 11
Monday, October 16 Wednesday, October 25
NOVEMBER
Monday, October 30 1995 Wednesday, November 8
Monday, November 13 Monday, November 20
DECEMBER
Monday, November 27 1995 Monday, December 4
Monday, December 11 Wednesday, December 20
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#820-94 RESOLVED, that the Council having considered a
communication from the City Engineer, dated November 2, 1994,
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
Hunters Pointe Subdivision and the areas immediately east thereof
that have been established by lot splits, located in the
Southeast 1/4 of Section 30, 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
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 November 2,
1994, 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 Monday, January 9, 1995
at 7 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
A roll call vote was taken on the foregoing resolutions with the following
result
AYES Kavanagh, Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS None
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#821-94 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 16,
1994, submitted pursuant to Council Resolution 805-94 in
connection with a communication from the City Planning
Commission, dated September 26, 1994, which transmits its
(REVISED PAGE-SEE CR#821-94)
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resolution 9-158-94, adopted on September 20, 1994, with regard
to Petition 94-9-2-28 submitted by Ramco-Gershenson, Inc
requesting site plan approval in connection with its petition for
waiver use approval with regard to a proposal to construct a
Builders Square store on property located on the south side of
Seven Mile Road between Middlebelt and Melvin Roads 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 reject the recommendation of the Planning Commission
and the site plan submitted in connection with Petition 94-9-2-28
is hereby approved and granted, subject to the following
conditions
1) That the Site Plan prepared by Professional Engineering
Associates, revised, dated 10-19-94, Job #94-146, Drawing
#6, is hereby approved and shall be adhered to;
2) That the Building Elevation Plan prepared by Furman &
Furman, Architects, Job #94-35, Drawing #EL-1, dated
10-11-94, as modified to provide for a four foot custom
concrete base along the front of the building and the
garden shop and that the first two horizontal accent
strips will be made of the same custom concrete brick,
is hereby approved and shall be adhered to; and
3) That the Landscape Plan drawn by Professional Engineering
Associates, dated 10-20-94, Job #94-146, Drawing #1, as
revised, with evergreen trees to be planted 15 feet on
center and that such evergreen trees shall be no less than 8
feet high at the time of planting Also, that three of the
seven canopy trees shown along the south property line shall
be Crimson King Maples and that the subject landscape plan
is hereby approved and shall be adhered to
NOTE Petitioner has agreed to provide, in conjunction with the
participation and cooperation of Art Van Furniture, additional
foliage on the Art Van property line where no wall exists
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was
#822-94 RESOLVED, that the Council does hereby refer back to
the Committee of the Whole for an additional report and
recommendation Petition 94-9-8-22, submitted by McDonald's
Corporation, requesting site plan approval in connection with a
proposal to construct an addition to the restaurant located at
15399 Middlebelt Road in the Southeast 1/4 of Section 14
On a motion by Jurcisin, seconded by Toy, it was
(REVISED PAGE-SEE CR #823-94)
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RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 16,
1994, submitted pursuant to Council Resolution 801-94 in
connection with a communication from the City Planning
Commission, dated October 25, 1994, which transmits its
resolution 10-181-94, adopted on October 18, 1994, with regard to
Petition 94-10-8-24 submitted by Dorchen/Martin Associates,
requesting site plan approval in connection with a proposal to
construct an addition to the McDonald's Restaurant located at
19311 Farmington Road in the Southeast 1/4 of Section 4, 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 94-10-8-24
is hereby approved and granted, subject to the extension of the
McDonald's roof line on both sides of the building (north and
south) and subject to the following additional conditions
1) That the Site Plan, defined as SP-1 dated 9/30/94, as
revised, by Dorchen/Martin Associates, Inc , is hereby
approved and shall be adhered to;
2) That the Landscape Plan, defined as Sheet LS-1 dated 6/21/94
by Dorchen/Martin Associates, Inc , is hereby approved and
shall be adhered to;
3) That the Elevation Plan defined as Sheet A-1 dated 11/8/94,
Las revised, by Dorchen/Martin Associates, Inc , is hereby
approved and shall be adhered to; and
4) That the wall sign shown on the approved Elevation Plan is
hereby approved and shall be adhered to
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
#823-94 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 16,
1994, submitted pursuant to Council Resolution 801-94 in
connection with a communication from the City Planning
Commission, dated October 25, 1994, which transmits its
resolution 10-181-94, adopted on October 18, 1994, with regard to
Petition 94-10-8-24 submitted by Dorchen/Martin Associates,
requesting site plan approval in connection with a proposal to
construct an addition to the McDonald's Restaurant located at
19311 Farmington Road in the Southeast 1/4 of Section 4, 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 94-10-8-24
is hereby approved and granted, subject to the following
conditions
1) That the Site Plan, defined as SP-1 dated 11/18/94, as
revised, by Dorchen/Martin Associates, Inc , is hereby
approved and shall be adhered to;
(REVISED PAGE-SEE CR #823-94)
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2) That the Landscape Plan, defined as Sheet LS-1 dated
11/18/94 by Dorchen/Martin Associates, Inc , is hereby
approved and shall be adhered to;
3) That the Elevation Plan defined as Sheet A-1 dated 11/18/94,
as revised, by Dorchen/Martin Associates, Inc , is hereby
approved and shall be adhered to; and
4) That the wall sign shown on the approved Elevation Plan is
hereby approved and shall be adhered to
Jurcisin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 130 OF TITLE 6,
CHAPTER 04 (DOGS) 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
McGee gave first reading to the following Ordinance
irs
AN ORDINANCE ADDING SECTIONS 070 AND 080 TO
TITLE 8, CHAPTER 44 (ANTIBLIGHT REGULATIONS)
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
Feenstra took from the table, for second reading and adoption,
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 94-4-1-10)
A roll call vote was taken on the foregoing Ordinance with the following
result
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AYES Kavanagh, Toy, Jurcisin, Feenstra, McGee, and Taylor
1,0 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 AMENDING SECTION 30 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 94-6-1-12)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Kavanagh, Toy, Jurcisin, Feenstra, McGee, 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 AMENDING SECTION 12 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 94-6-1-13)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Kavanagh, Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
28563
Kavanagh took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 150 OF TITLE 3,
CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Kavanagh, Toy, Jurcisin, Feenstra, and McGee
NAYS Taylor
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 AMENDING SECTION 140 OF TITLE 3,
CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED, BY ADDING SUBSECTION E
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Kavanagh, Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was
#824-94 RESOLVED, that having considered a communication from
Mark A Chadwick, Attorney at Law, 1500 Woodward, Suite 100,
Bloomfield Hills, MI 48340, dated October 26, 1994, and a
subsequent communication dated November 2, 1994 from Mr
Chadwick, representing the Record Collector, 28143 Eight Mile
Road, Livonia, Michigan, wherein a proposed amendment to the
Secondhand Merchandise Dealer Ordinance (Chapter 5 76 of the
Livonia Code of Ordinances, as amended) is requested in order to
exempt the buying and selling of compact discs, the Council does
hereby determine to deny this request
28564
On a motion by Kavanagh, seconded by Toy, it was
#825-94 RESOLVED, that the Council does hereby refer the
subject of the buying and selling of used compact discs by
secondhand merchandise dealers to the Chief of Police for a
report and recommendation
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh, Toy, Jurcisin, McGee, and Taylor
NAYS Feenstra
The President declared the resolution adopted
On a motion by Kavanagh, seconded by Toy, it was
#826-94 RESOLVED, the Council does hereby refer the subject
matter of secondhand merchandise dealers to the Legislative
Committee for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh, Toy, Jurcisin, McGee, and Taylor
NAYS Feenstra
The President declared the resolution adopted
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#827-94 RESOLVED, that having considered a communication from
the City Assessor, dated October 31, 1994, approved for
submission by the Mayor, with regard to a request from Ms
Catherine Randazzo, 19200 Merriman Court, Livonia, Michigan
48152, and in accordance with the provisions of 1967 PA 288, as
amended, as well as Section 18 46 of Ordinance 543, as amended,
the Council does hereby determine to deny the request for
dividing Tax Item No 46 007 99 0032 000 into two parcels since
the same would be in violation of the City's Zoning Ordinance and
law, as well as for the reason that the proposed lot split would
not be consistent with good planning and zoning practice
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was
28565
#828-94 RESOLVED, that having considered the report and
recommendation of the City Treasurer, dated November 4, 1994,
which is concurred in by the Finance Director and approved for
submission by the Mayor, the Council does hereby authorize an
extension of the City' s current agreement with Mr Andrew J
Ferkovich and Mr Walter Smerecki, A & W Collections, 6350 Napier
Road, Plymouth, Michigan 48170, for collection of personal
property taxes, with the understanding that the Treasurer's
Office shall send one additional notice to the taxpayer prior to
turning over the collection of such taxes to A & W Collections,
the cost of which service is to be taken from 1% per month
interest and 4% collection fees and which agreement would be for
the period December 1, 1994 through November 30, 1996 and will be
subject to cancellation by either party upon giving sixty (60)
days notice and which agreement is herein made subject to
approval as to form by the Department of Law; and the Mayor and
City Clerk are hereby authorized to execute such contract, as
revised, for and on behalf of the City of Livonia with the
aforesaid company; FURTHER, the Council does hereby authorize the
action herein without competitive bidding in accordance with
Sections 3 04 140D2 and 4 of the Livonia Code of Ordinances, as
amended
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was
#829-94 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated August 12, 1994, and
the report and recommendation of the Chief of Police, dated
October 27, 1994, approved for submission by the Mayor, the
Council does hereby approve of the request from Barbara S
Friedman, Pamela S Friedman, James E Pearson and Ronald Louis
Anderson, stockholders in BM-Woodbridge Place 65, Inc for
transfer of ownership of a 1993 Class C licensed business (in
escrow) with Dance Permit and Sunday Sales Permit from Matt M,
Inc for a business located at 19170 Farmington Road, Livonia,
Michigan 48152, Wayne County; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
Kavanagh left the podium at 8 46 p m in order to avoid a perceived
impropriety regarding the next Agenda item
On a motion by Toy, seconded by McGee, it was
#830-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 7, 1994, which
transmits its resolution 11-185-94, adopted on November 1, 1994,
with regard to Petition 94-9-2-31, submitted by Edward C Brown,
requesting waiver use approval to remodel and expand a portion of
an existing building on property located at the northeast corner
of Hubbard Avenue and Plymouth Road in the Southeast 1/4 of
28566
Section 27, which property is zoned C-2, the Council does hereby
refer this item to the Committee of the Whole for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following
result
AYES Toy, Jurcisin, McGee, and Taylor
NAYS Feenstra
The President declared the resolution adopted
Kavanagh returned to the podium at 8 47 p m
On a motion by McGee, seconded by Jurcisin, and unanimously
adopted, it was
#831-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 7, 1994, which
transmits its resolution 11-188-94, adopted on November 1, 1994,
with regard to Petition 94-10-8-25 submitted by Robert S Gazall,
requesting site plan approval in connection with a proposal to
construct an addition to the Horizon Health Center located at
19900 Haggerty Road in the Northwest 1/4 of Section 6, 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 94-10-8-25
is hereby approved and granted, subject to the following
conditions
1) That the Site Plan defined as Sheet 1 dated October 18, 1994
by Gazall, Reno & Associates, is hereby approved and shall
be adhered to;
2) That the Landscape Plan defined as Sheet 4 dated October 18,
1994 by Gazall, Reno & Associates, 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 permit and thereafter permanently maintained in a
healthy condition;
3) That the Elevation Plan defined as Sheet 6 dated October 18,
1994 by Gazall, Reno & Associates, is hereby approved and
shall be adhered to; and
4) That any signage shown on the above plans is not approved at
this time and that all signage shall come back before the
Planning Commission for separate approval
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
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#832-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 9, 1994, which sets
forth its resolution 8-148-94, adopted on August 30, 1994, with
regard to Petition 94-6-1-15, submitted by Westland Industrial
Park and Modern Builders Supply, Inc for a change of zoning of
property located on the west side of Mayfield Avenue, north of
Plymouth Road in the Southwest 1/4 of Section 27, from P to M-1,
and the Council having conducted a public hearing with regard to
this matter on November 14, 1994, pursuant to Council Resolution
676-94, the Council does hereby approve Petition 94-6-1-15 for
preparation of the ordinance for submission to Council; and the
City Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and,
upon receipt of such map, the Department of Law is requested to
prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#833-94 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Air Gage
Company, dated October 4, 1994, covering new industrial
facilities to be located within City of Livonia Industrial
Development District No 23; and
WHEREAS, the City Clerk has notified in writing the Assessor of
the City of Livonia as well as the legislative body of each
taxing unit which levies ad valorem property taxes in the local
governmental unit in which the proposed facility is to be
located, i e , the City of Livonia, and advised each of them that
the said Application has been received; and
WHEREAS, the City Council has afforded Air Gage Company, the
Assessor, and a representative of each of the affected taxing
units an opportunity for a hearing on this Application and said
hearing having in fact been conducted at 7 00 p m , Monday,
November 14, 1994 at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS
FOLLOWS
1 That the City Council, on the basis of the information
received from the applicant, Air Gage Company, finds and
determines (a) that the granting of this industrial
facilities exemption certificate shall not have the effect
of substantially impeding the operation of the local
governmental unit or impairing the financial soundness of
any taxing unit which levies an ad valorem property tax in
the local governmental unit in which the facility is to be
(REVISED PAGE)
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located; and (b) the applicant has fully complied with the
requirements of Section 9, Act No 198, P A 1974, as
amended
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Air Gage
Company covering new industrial facilities to be located
within the City of Livonia Industrial Development District
No 23, for 12 years
3 That in accordance with the requirements of Section 22, Act
198, P A 1974, as amended, wherein a Letter of Agreement
between the applicant and the City is required in order to
clarify the understanding and the commitment between the
applicant and the Board upon approval of an Industrial
Facility Exemption Certificate, the Council hereby
authorizes the Mayor and City Clerk to sign such Letter of
Agreement as duly executed by the applicant and incorporate
such Letter of Agreement as part of the documentation
required to process applications for Industrial Facility
Exemption Certificates
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was
#834-94 RESOLVED, that having considered a communication from
the Director of Community Resources, dated November 4, 1994,
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 a donation in the amount of $100 00 from the
Northwest Detroit Coin Club to the Livonia Youth Assistance
Program and does for this purpose deposit and credit the same to
Account No 702-000-285-215
No one spoke during the audience communication portion at the end
of the meeting
Councilmember Feenstra shared with the viewing audience his
daughter Kristen's upcoming birthday on Thanksgiving Day, as well as her
recent engagement to be married to Dino Poulos
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, this 1,285th Regular Meeting of the Council of the City of Livonia
was adjourned at 8 52 p m , November 21, 1994
J••n McCotter, City Clerk