HomeMy WebLinkAboutCOUNCIL MINUTES 1994-09-28 28459
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTY-FIRST
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On September 28, 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 06 p m Councilmember Ochala
delivered the invocation
Roll was called with the following result * Ron Ochala, Laura M
Toy, Dale A Jurcisin, Fernon P Feenstra, Michael P McGee, and Gerald
Taylor (*Sean P Kavanagh arrived at 8 13 p m )
Elected and appointed officials present Robert D Bennett,
Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K
White, Chief Assistant City Attorney; Ann W Tavolacci, Deputy City Clerk;
Karen A Szymula, Director of Legislative Affairs, Lee Grieve, Police
Chief; Michael Murray, Deputy Police Chief; and Dorothy Wilshaw, Arts
Commission
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#669-94 RESOLVED, that the minutes of the 1, 280th Regular
Meeting of the Council of the City of Livonia, held September 14,
1994, are hereby approved as submitted
There was no audience communication at the beginning of the
meeting
On a motion by Toy, seconded by McGee, it was
#670-94 RESOLVED, that having considered a request from Steve
and Pam Pokornicki, 31641 Bobrich Avenue, Livonia, Michigan
48152, dated September 8, 1994, to purchase City-owned property
located south of Eight Mile 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 this matter to the Department
of Law for its report and recommendation
lip
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#671-94 RESOLVED, that having considered a request from Steve
Land Pam Pokornicki, 31641 Bobrich Avenue, Livonia, Michigan
48152, dated September 8, 1994, to purchase City-owned property
located south of Eight Mile and east of Merriman at 30060 and
30062 Norfolk (Tax Item Nos 005 01 0182 000 and 005 01 01 0183
000) , the Council does hereby refer the question of the
availability of utilities for the possible development of this
property to the Engineering Department for its report and
recommendation
A communication from the Inspection Department, dated September
1, 1994, re a report on the condition of properties located at 13505
Middlebelt (F & M Distributors) , 13507 Middlebelt (Handy Andy) , and 13971
Middlebelt (Wine Palace) was received and placed on file for the
information of the Council (CR 597-94)
#672-94 RESOLVED, that having considered a communication from
the Director of Community Resources, dated September 19, 1994,
approved by the Finance Director and approved for submission by
the Mayor, and to which is attached an extension of the agreement
between the City of Livonia and the Wayne County Office of
Nutrition Services for the distribution of U S D A TEFAP
Commodities to low-income residents, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City
of Livonia, to execute the extension of said agreement in the
manner and form herein submitted, as well as to do all things
necessary or incidental to the full performance of this
resolution
#673-94 RESOLVED, that Carlesino Products, Inc , 29800 W Eight
Mile Road, Farmington, MI 48336, as proprietors, having requested
the City Council to approve the proposed preliminary plat of the
following subdivision Sunset Subdivision, to be located south
of Eight Mile Road between Merriman Road and Milburn Avenue in
the Northwest 1/4 of Section 2, City of Livonia, Wayne County,
Michigan, the said proposed preliminary plat being dated March 9,
1994; and it further appearing that tentative approval of such
preliminary plat was given by the City Planning Commission, after
due notice and a public hearing on February 8, 1994; and it
further appearing that such preliminary plat, together with
development plans and specifications for improvements therein
have been examined and approved by the Engineering Department as
is set forth in the report of that department dated September 7,
1994; therefore, the City Council does hereby approve of the said
preliminary plat on the following conditions
(1) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the
provisions of the ordinances of the City of Livonia, including
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the Subdivision Control Ordinance, being Title 16, Chapters 16 04
1100 through 16 24 of the Livonia Code of Ordinances, as amended; the
Subdivision Regulations of the Planning Commission; the
regulations and specifications of the Engineering Department and
the Development Plans submitted by the proprietor and approved by
such department; all such improvements to be constructed,
installed, accomplished and completed within a period of two (2)
years from the effective date of this resolution; failing this,
the approval contained herein shall be considered null, void and
of no effect whatsoever;
(2) That all inspection fees and other charges due to the City
of Livonia shall be fully paid at the time and in the manner
provided in the said Subdivision Control Ordinance, as amended;
(3) That the installation of all such improvements shall be
subject at all times to the supervision and inspection and final
approval of the Engineering Department, and such improvements
shall not be considered as having been satisfactorily and
completely installed until there is filed with the City Council
the certificate as provided in Section 16 24 370 of the said
Subdivision Control Ordinance, as amended;
(4) That the proprietor enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period of
time and in the prescribed manner, all improvements required to
the extent required by the City of Livonia and as shown on the
approved development plans;
(5) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive the final approval of the
City Planning Commission as evidence that such plat is in
compliance with existing Subdivision Regulations;
(6) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City
Council within two (2) years from the effective date of this
resolution; the City Council shall approve final plats of the
aforesaid proposed subdivision if drawn in substantial conformity
with the proposed plat as approved herein, and provided there has
been compliance with all other requirements of State Statue, the
Subdivision Control Act, the Subdivision Control Ordinance and
this resolution;
(7) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements the
proprietor may file with the City of Livonia a corporate surety
bond, certified check, cash bond, irrevocable letter of credit,
or other financial assurance in such form as may be approved by
the Department of Law guaranteeing the satisfactory installation
L
of all such improvements, utilities and grading by the proprietor
within the prescribed period; that in the event the proprietor
elects to deposit such financial assurances the same shall be in
the following amounts
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A General Improvement Bond $207, 000 00 of which at least
111 $10, 000 00 shall be in cash
B Sidewalk Bond $ 6, 600 00 of which at least
$4, 000 00 shall be in cash
C Grading & Soil Erosion $ 2, 000 00 (all cash)
D Road Restoration Bond $250, 000 00 of which at least
$25, 000 00 shall be in cash
E Monuments & Lot Markers 380 00 (all cash)
and require cash payments in the total amount of $17,677 50
In addition, distribution lines for telephone and electric
services are to be placed underground and ornamental street
lights are to be provided throughout the subdivision
#674-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 22, 1994, which
bears the signatures of the Finance Director and the Chairman of
the Water and Sewer Board and is approved for submission by the
Mayor, the Council does hereby authorize final payment in the
amount of $7, 000 48 to D 0 C Contracting, Inc , which sum
includes the full and complete balance due on a contract
authorized in Council Resolution 410-93 in the amount of
$535, 090 00, the actual final contract amount completed to date
being $542, 090 48, in connection with the construction of
sanitary sewer and water main facilities within the Livonia Hills
Subdivision, it appearing from the aforementioned report that all
work under the said contract has been completed in accordance
with City standards and specifications; and the Council does
hereby appropriate and authorize the expenditure of the
additional sum of $7, 000 48 from the Unexpended Fund balance of
the Water Fund for this purpose
#675-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 9, 1994, which
transmits its resolution 8-154-94, adopted on August 30, 1994,
with regard to Petition 94-8-8-15, submitted by John D Dinan,
requesting site plan approval in connection with a proposal to
construct an office building on property located at 37751
Pembroke Street in the Southeast 1/4 of Section 26, 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 94-8-8-15 is hereby
approved and granted, subject to the substitution of a greenbelt
in place of a protective wall and subject to the following
additional conditions
1) That the Site Plan, defined as Sheet 1, dated 2 Aug 1994,
by Michael A Boggio Assoc Architects, which shall include
double striping of the parking lot, is hereby approved and
shall be adhered to;
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2) That the Landscape Plan, defined as Sheet L-1, dated 2 Aug
i'm 1994, by Michael A Boggio Assoc Architects, is hereby
approved and shall be adhered to; and that the landscape
materials should be installed prior to the issuance of a
Certificate of Occupancy and thereafter permanently
maintained in a healthy condition; and
3) That the Elevation Plan, defined as Sheet 2, dated 2 Aug
1994, by Michael A Boggio Assoc Architects, is hereby
approved and shall be adhered to
#676-94 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, November 14, 1994, at
7 00 p m , at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item
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, the City Planning Commission in its resolution
8-148-94 having recommended to the City Council that
Petition 94-6-1-15 be approved;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature of
the proposed amendment to the Zoning Ordinance, and/or (b)
location of the proposed change of zoning as set forth above,
first to be published in the official newspaper of the City or a
newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by 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
#677-94 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Crucam, Inc ,
dated August 1, 1994, covering new industrial facilities to be
located within City of Livonia Industrial Development District
55;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA
that it determines as follows
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1 The City Clerk shall provide copies of the said Application
/40
to the legislative bodies of the governmental units deriving
property taxes from the property which will be affected, as
required by Act 198, PA 1974, as amended
2 The City Clerk shall contact each of the affected taxing
units and, (i) indicate the Council's interest in this
matter, and (ii) assist these taxing units in collecting
such information as may be necessary to determine their
respective opinions of this Application and (iii) to advise
the said taxing units of this Council's desire to hold a
hearing on this Application on Monday, October 24, 1994, at
7 00 p m , at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan
3 The Council hereby sets Monday, October 24, 1994, at 7 00
p m , at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan, as the date, time and place for
conducting a hearing on said Application
A roll call vote was taken on the foregoing resolutions with the following
result
AYES Ochala, Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS None
Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND
PUBLIC GROUND (Petition 94-6-3-6)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Ochala, 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 Jurcisin, seconded by Toy, it was
#678-94 RESOLVED, that having considered a letter from the
iWo
Michigan Liquor Control Commission, dated July 25, 1994, and the
report and recommendation of the Chief of Police, dated August
17, 1994, approved for submission by the Mayor, the Council does
hereby approve of the request from Nicholas Party Store, Inc
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(Stockholder Ahlam Shango) for a new SDM license to be located
at 13820 Merriman Road, Livonia, Michigan 48154, Wayne County,
and for transfer of ownership of a 1987 SDD license with Sunday
Sales Permit, in escrow, from Richard P George and for the
transfer of location from 38675 Ann Arbor Road, Livonia, Michigan
48150, Wayne County, to a business to be located at 13820
Merriman Road, Livonia, Michigan 48154, Wayne County; FURTHER,
the Council does hereby waive the 1, 000 foot and 500 foot
separation requirements as set forth in Section 11 03 (r) of
Zoning Ordinance No 543, as amended; and the City Clerk is
hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission
A roll call vote was taken on the foregoing resolution with the following
result
AYES Ochala, Toy, Jurcisin, Feenstra, McGee, and Taylor
NAYS None
The President declared the resolution adopted
Kavanagh entered the meeting at 8 13 p m
On a motion by Feenstra, seconded by Ochala, it was
#679-94 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated September 2, 1994,
approved by the Director of Finance and approved for submission
by the Mayor, as well as a communication from the Mayor, dated
September 2, 1994, in connection with a letter from Paul
Sabatini, 31630 Plymouth Road, Livonia, Michigan 48150,
representing East Side Mario' s, dated May 24, 1994, wherein an
interest is expressed in the rental of certain vacant City-owned
property located adjacent to his property at 31630 Plymouth Road
to accommodate overflow traffic from a proposed restaurant at
that location, the Council does hereby refer the matter of the
lease of the property to the Mayor to begin negotiations for the
lease of the property for a one- to five-year period
A roll call vote was taken on the foregoing resolution with the following
result
AYES Ochala, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor
NAYS Toy
The President declared the resolution adopted
On a motion by Ochala, seconded by Feenstra, and unanimously
adopted, it was
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#680-94 RESOLVED, that Winfield Development Inc , 15510
Farmington Road, Livonia, MI 48154, as proprietors, having
requested the City Council to approve the proposed preliminary
plat of the following subdivision Pines of Winfield
Subdivision, to be located south of Seven Mile Road and east of
Wayne Road in the Northwest 1/4 of Section 9, City of Livonia,
Wayne County, Michigan, the said proposed preliminary plat being
dated July 22, 1992 (and extended for one year on August 29,
1994) ; and it further appearing that tentative approval of such
preliminary plat was given by the City Planning Commission, after
due notice and a public hearing on June 16, 1992 (and for the
extension on July 26, 1994) ; and it further appearing that such
preliminary plat, together with development plans and
specifications for improvements therein have been examined and
approved by the Engineering Department as is set forth in the
report of that department dated August 10, 1994; therefore, the
City Council does hereby approve of the said preliminary plat on
the following conditions
(1) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the
provisions of the ordinances of the City of Livonia, including
the Subdivision Control Ordinance, being Title 16, Chapters 16 04
through 16 24 of the Livonia Code of Ordinances, as amended; the
Subdivision Regulations of the Planning Commission; the
regulations and specifications of the Engineering Department and
L the Development Plans submitted by the proprietor and approved by
such department; all such improvements to be constructed,
installed, accomplished and completed within a period of two (2)
years from the effective date of this resolution; failing this,
the approval contained herein shall be considered null, void and
of no effect whatsoever;
(2) That all inspection fees and other charges due to the City
of Livonia shall be fully paid at the time and in the manner
provided in the said Subdivision Control Ordinance, as amended;
(3) That the installation of all such improvements shall be
subject at all times to the supervision and inspection and final
approval of the Engineering Department, and such improvements
shall not be considered as having been satisfactorily and
completely installed until there is filed with the City Council
the certificate as provided in Section 16 24 370 of the said
Subdivision Control Ordinance, as amended;
(4) That the proprietor enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period of
time and in the prescribed manner, all improvements required to
the extent required by the City of Livonia and as shown on the
approved development plans;
Ibm
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(5) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive the final approval of the
City Planning Commission as evidence that such plat is in
compliance with existing Subdivision Regulations;
(6) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City
Council within two (2) years from the effective date of this
resolution; the City Council shall approve final plats of the
aforesaid proposed subdivision if drawn in substantial conformity
with the proposed plat as approved herein, and provided there has
been compliance with all other requirements of State Statue, the
Subdivision Control Act, the Subdivision Control Ordinance and
this resolution;
(7) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements the
proprietor may file with the City of Livonia a corporate surety
bond, certified check, cash bond, irrevocable letter of credit,
or other financial assurance in such form as may be approved by
the Department of Law guaranteeing the satisfactory installation
of all such improvements, utilities and grading by the proprietor
within the prescribed period; that in the event the proprietor
elects to deposit such financial assurances the same shall be in
the following amounts
LA General Improvement Bond
(Including Bell Creek $441, 000 00 of which at least
$10, 000 00 shall be in cash
Improvements)
B Sidewalk Bond $ 33, 500 00 of which at least
$4, 000 00 shall be in cash
C Grading & Soil Erosion $ 3, 600 00 (all cash)
D Entrance Markers and $ 10, 000 00 of which at least
Landscaping $3, 000 00 shall be in cash
E Monuments and Lot Markers 990 00 (all cash)
and require cash payments in the total amount of $32,481 50
In addition, distribution lines for telephone and electric
services are to be placed underground and ornamental street
lights are to be provided throughout the subdivision
Several members of the audience spoke during this time They are
as follows
L Bill Biga, 35354 Lancashire, re concerns relative to drainage/erosion
along Bell Creek;
Joe Durso, 15510 Farmington Road, re requested to be notified about
various meetings; and
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Ron Goolsby, 35260 Banbury Court, re the problems he has been having with
his property along the creek
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was
#681-94 RESOLVED, that having considered a communication from
the City Engineer, dated August 10, 1994, approved for submission
by the Mayor, with respect to the establishment of improvement
bonds for Pines of Winfield Subdivision located in the Northwest
1/4 of Section 9, the Council does hereby refer the subject of
drainage concerns related to the development of this subdivision
to the Water Supply, Drainage, Sewage, and Waste Disposal Study
Committee for its report and recommendation
On a motion by Toy, seconded by Ochala, and unanimously adopted,
it was
#682-94 RESOLVED, that having considered a communication from
the City Engineer, dated August 10, 1994, approved for submission
by the Mayor, with respect to the establishment of improvement
bonds for Pines of Winfield Subdivision located in the Northwest
1/4 of Section 9, the Council does hereby refer the subject of
similarities and/or differences between Pines of Winfield
Subdivision and Rennolds' Ravines Subdivision to the Engineering
Department for its report and recommendation
On a motion by Kavanagh, seconded by Feenstra, and unanimously
adopted, it was
#683-94 RESOLVED, that having considered a communication from
the City Engineer, dated August 10, 1994, approved for submission
by the Mayor, with respect to the establishment of improvement
bonds for Pines of Winfield Subdivision located in the Northwest
1/4 of Section 9, the Council does hereby refer the matter of
whether improvement bonds can be subsequently increased based on
additional information regarding the impact of the development on
surrounding properties to the Department of Law for its report
and recommendation
On a motion by Jurcisin, seconded by Kavanagh, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated September 9, 1994, which
transmits its resolution 8-152-94, adopted on August 30, 1994,
with regard to Petition 94-8-3-7, submitted by Terry and Frank
Czekaj , requesting the vacating of a portion of an easement on
Lot 12, Carrington Estates, located south of Seven Mile Road
between Wayne and Laurel Roads in the Northwest 1/4 of Section 9,
the Council does hereby concur in the recommendation of the City
Planning Commission and does grant and approve the said Petition
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94-8-3-7, and the Department of Law is hereby requested to
prepare the necessary vacating ordinance in accordance with this
resolution
On a motion by Feenstra, seconded by Ochala, it was
#684-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 9, 1994, which
transmits its resolution 8-152-94, adopted on August 30, 1994,
with regard to Petition 94-8-3-7, submitted by Terry and Frank
Czekaj , requesting the vacating of a portion of an easement on
Lot 12, Carrington Estates, located south of Seven Mile Road
between Wayne and Laurel Roads in the Northwest 1/4 of Section 9,
the Council does hereby refer this item and its impact on the
total drainage system in the surrounding area to the Water
Supply, Drainage, Sewage, and Waste Disposal Study Committee for
its report and recommendation
A roll call vote was taken on the foregoing resolution with the following
result
AYES Ochala, Toy, Feenstra, McGee, and Kavanagh
NAYS Jurcisin and Taylor
Lit The President declared the resolution adopted
On a motion by Jurcisin, seconded by Kavanagh, it was
#685-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 6, 1994, which sets
forth its resolution 6-118-94, adopted on June 21, 1994, with
regard to Petition 94-4-6-3, submitted by the City Planning
Commission on its own motion to determine whether to amend Zoning
Ordinance No 543 to delete churches as permitted uses in C-2
districts, and the Council having conducted a public hearing with
regard to this matter on September 12, 1994, pursuant to Council
Resolution 534-94, the Council does hereby approve Petition
94-4-6-3 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 Ochala, Toy, Jurcisin, McGee, Kavanagh, and Taylor
lieNAYS Feenstra
The President declared the resolution adopted
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On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#686-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 6, 1994, which sets
forth its resolution 6-119-94, adopted on June 21, 1994, with
regard to Petition 94-4-6-4, submitted by the City Planning
Commission on its own motion to determine whether to amend
Section 18 38 of Zoning Ordinance No 543 to establish parking
requirements for transmission repair shops and other types of
auto repair facilities, and the Council having conducted a public
hearing with regard to this matter on September 12, 1994,
pursuant to Council Resolution 534-94, the Council does hereby
approve Petition 94-4-6-4 for preparation of the ordinance for
submission to Council; and the Department of Law is requested to
prepare on ordinance amending Ordinance 543, as amended, in
accordance with this resolution
On a motion by Jurcisin, seconded by Kavanagh, it was
#687-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 6, 1994, which sets
forth its resolution 6-120-94, adopted on June 21, 1994, with
regard to Petition 94-4-6-5, submitted by the City Planning
Commission pursuant to Council Resolution 47-94, to determine
whether to amend Section 4 02 of Zoning Ordinance No 543 with
regard to the placement of pole-mounted basketball backboards and
hoops in R-1 through R-5 districts, and the Council having
conducted a public hearing with regard to this matter on
September 12, 1994, pursuant to Council Resolution 534-94, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 94-4-6-5 is hereby denied for the same
reasons as those set forth in the action taken by the Planning
Commission
A roll call vote was taken on the foregoing resolution with the following
result
AYES Ochala, Jurcisin, McGee, Kavanagh, and Taylor
NAYS Toy and Feenstra
The President declared the resolution adopted
On a motion by Kavanagh, seconded by Ochala, and unanimously
adopted, it was
#688-94 RESOLVED, that having considered a communication dated
September 19, 1994, from the Department of Law transmitting for
Council acceptance two Quit Claim Deeds and one Grant of
Easement, more particularly described as
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(1) Quit Claim Deed dated June 13, 1994, executed by Thomas
Celani, President of Action Distributing Company, Inc , to
the City of Livonia, for
A proposed right-of-way dedicated to the public for roadway
purposes and the installation of utilities, described as
part of the Northeast 1/4 of Section 29, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, more particularly
described as commencing at the Northeast corner of said
Section 29, thence S 00°26' 13" West, 1,380 00 feet, and N
89°25' 10" West, 315 00 feet and S 00°26' 13" West, 633 24
feet to the point of beginning, thence on a curve to the
left, radius of 140 0 feet, central angle of 37°44' 57",
chord bears N 71°33'45" East, 90 58 feet, a distance of
92 24 feet; thence on a curve to the right, radius of 75 00
feet, central angle of 255°29' 55", chord bears S 00°26' 13"
West, 118 60 feet, an arc distance of 334 45 feet; thence on
a curve to the left, radius of 140 0 feet; central angle of
37°44' 57", chord bears N 70°41' 19" West, 90 58 feet, a
distance of 92 24 feet; thence N 00°26' 13" East, 60 00 feet
to the point of beginning (Veronica Drive Right-of-Way -
Part of Sidwell No 113-99-0016-000)
(2) Quit Claim Deed dated May 20, 1994, executed by Emmett C
Tracy, Vice President of G P D , Inc , a Michigan
Corporation, to the City of Livonia, for
A proposed right-of-way dedicated to the public for roadway
purposes and the installation of utilities, described as
part of the Northeast 1/4 of Section 29, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, more particularly
described as commencing at the Northeast corner of said
Section 29, thence S 00°26' 13" West, 1,380 00 feet, and N
89°25'10" West, 315 00 feet and S 00°26' 13" West, 633 24
feet to the point of beginning; thence on a curve to the
left, radius of 140 0 feet, central angle of 37°44' 57",
chord bears N 71°33'45" East, 90 58 feet, a distance of
92 24 feet; thence on a curve to the right, radius of 75 00
feet, central angle of 255°29'55", chord bears S 00°26'13"
West, 118 60 feet, an arc distance of 334 45 feet; thence on
a curve to the left, radius of 140 0 feet; central angle of
37°44'57", chord bears N 70°41' 19" West, 90 58 feet, a
distance of 92 24 feet; thence N 00°26'13" East, 60 00 feet
to the point of beginning (Veronica Drive Right-of-Way -
Part of Sidwell No 113-99-0016-000)
(3) Grant of Easement dated June 13, 1994, executed by Thomas
Celani, President of Action Distributing Company, Inc , to
the City of Livonia, for
Water Main Easement
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A 20 foot wide easement for water main laying in part of the
NE 1/4 of Section 29, T 1 S , R 9E , City of Livonia,
Wayne County, Michigan, whose centerline is further
described as beginning at a point distant S 00°26'13" West,
2,293 35 feet from the Northeast corner of said Section 29;
thence N 89°33'47" West, 10 00 feet; thence N 00°26'13"
East, 152 45 feet; thence N 42°38' 10" West, 29 67 feet;
thence N 87°38' 10" West, 162 00 feet; thence N 65°08' 10"
West, 111 00 feet; thence S 88°56' 12" West, 21 77 feet to
the point of ending
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Quit Claim Deeds and Grant of
Easement and the City Clerk is hereby requested to have the same
recorded in the Office of the Register of Deeds and to do all
other things necessary or incidental to fulfill the purpose of
this resolution
AND BE IT FURTHER RESOLVED, that said Veronica Drive 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
On a motion by Ochala, seconded by Jurcisin, and unanimously
adopted, it was
#689-94 RESOLVED, that the Council does hereby suspend their
rules for'procedure as outlined in Council Resolution 574-82 so
as to permit consideration of items that do not appear on the
agenda
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#690-94 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 21,
1994, and a communication from the Chief of Police, dated
September 15, 1994, which bears the signature of the Finance
Director and is approved for submission by the Mayor, the Council
does hereby amend and revise its previous resolution #186-94 due
to the bankruptcy of Crimtec Systems, Inc and its failure to
perform the terms of the contract and the Council does hereby
authorize the purchase of a 30 unit in-car video monitoring
system from Kustom Signals, Inc , 9325 Pflumm, Lenexa, Kansas
66215-3347, for a total price of $141, 895 75, the same to be
appropriated and expended from Account No 265-334-987-000;
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding for the reasons indicated in
the aforesaid communication and the fact that said purchase is
based upon the Wayne County Association of Chiefs of Police
second low bid price; 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
28473
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#691-94 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 21,
1994, and a communication from Jeff Young of PowerFone, Inc ,
26800 Haggerty Road, Farmington Hills, Michigan 48331, dated
August 24, 1994, to which is attached a proposed lease agreement
between the City of Livonia and PowerFone, Inc (d/b/a Nextel
Communications) for a period of 15 years with three successive
five-year renewal periods in connection with a proposal for a
radio tower and associated radio communications facilities to be
constructed by PowerFone, Inc and such tower and equipment
shelter to be conveyed to the City and subsequently leased back
to PowerFone, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute
the attached agreement, as revised, in the manner and form herein
submitted, as well as to do all other things necessary or
incidental to the full performance of this resolution
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#692-94 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 Wednesday, November 2, 1994, at
7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item
Petition 94-8-1-17, submitted by Leo Soave Bldg , Inc 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 and R-7 to R-lA, the City Planning
Commission in its resolution 9-157-94 having recommended to
the City Council that Petition 94-8-1-17 be approved;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature of
the proposed amendment to the Zoning Ordinance, and/or (b)
location of the proposed change of zoning as set forth above,
first to be published in the official newspaper of the City or a
newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by 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
28474
Le all other things necessary or incidental to the full performance
of this resolution
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
#693-94 RESOLVED, that having considered a communication from
Ramco-Gershenson, Inc , dated September 22, 1994, which in
accordance with the provisions of Section 19 08 of Ordinance 543,
as amended, the Zoning Ordinance, takes an appeal from a
determination made on September 20, 1994 by the City Planning
Commission in its resolution 9-158-94 with regard to Petition
94-9-2-28, submitted by Ramco-Gershenson, Inc , requesting waiver
use approval 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, which
property is zoned C-2, the Council does hereby designate
Wednesday, November 2, 1994, at 7 00 p m as the date and time
for conducting a public hearing with regard to this matter, such
hearing to be held at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan; and the City Clerk is hereby requested to do
all things necessary in order to give proper notice in writing,
as well as by the publication of a notice in the City's official
newspaper of such hearing and the date and place thereof, in
Iiin compliance with the requirements set forth in Ordinance 543, as
amended, the Zoning Ordinance of the City of Livonia
No one spoke during the audience communication portion of the
meeting
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, this 1, 281st Regular Meeting of the Council of the City of Livonia
was adjourned at 9 27 p m , September 28, 1994
41 ,AMAid 722 1 ,
. an McCotter, City Clerk
i.
La