HomeMy WebLinkAboutCOUNCIL MINUTES 1994-12-07 28571
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTY-SIXTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On December 7, 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 Ochala delivered the
invocation, and President Taylor asked for a moment of silence in
remembrance of the bombing of Pearl Harbor 50 years ago
Roll was called with the following result Ron Ochala, Laura M
Toy, Dale A Jurcisin*, Fernon P Feenstra, Michael P McGee, Sean P
Kavanagh, and Gerald Taylor (*arrived late)
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
IPOof Legislative Affairs; Michael Slater, Finance Director; and Robert J
Beckley, Director of Public Works
On a motion by Toy, seconded by Kavanagh, and unanimously*
adopted, it was
#835-94 RESOLVED, that the minutes of the 1,285th Regular
Meeting of the Council of the City of Livonia, held November 21,
1994, are hereby approved as amended
*Councilmember Ochala abstained from voting which is recorded as a "yes"
vote under the provisions of Section 2 04 190B of the Livonia Code of
Ordinances
President Taylor presented a commendation to Kenneth Miencier
extending appreciation on behalf of the community for all his contributions
during the time he served as a member of the Zoning Board of Appeals
ism (fourteen years and four months) , which included serving as Vice Chair and
Chair of the Board, and wished him well in his future endeavors
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On a motion unanimously introduced, seconded and adopted, it was
#836-94 WHEREAS, James Richard McCann was born in Detroit,
Michigan, with proud parents being Charles and Elizabeth McCann;
and
WHEREAS, James married Lillian Frances DeHart in October of 1949
and is the proud father of four children Kathleen, Maureen,
James and Wade; and the grandfather of nine; and
WHEREAS, James received his B A with honors from Hillsdale
College in 1950, later earning his Juris Doctor from Wayne State
University Law School in 1955 and was admitted to the practice of
Law in Michigan that same year; and
WHEREAS, James taught government and history at the 0 L Smith
Middle School, in Dearborn, for approximately 14 years; during
which time he pursued his law degree;
WHEREAS, James was elected to and served on the Livonia City
Council from 1958 until 1966 when he was elected to the office of
Municipal Judge here in Livonia In January 1969, James became
Livonia' s first District Court Judge During his tenure he
initiated the Voluntary Probation Program in Livonia, became the
longest serving member of the Michigan Judicial Tenure
ibm Commission, is the past President of the Michigan District Judges
Association, past Board member of the Livonia Drug Commission and
founded and serves as the Executive Secretary of the Irish
American Lawyers Association
NOW, THEREFORE, BE IT RESOLVED, that the Livonia City Council
joins Mayor Robert D Bennett in congratulating and honoring
James Richard McCann upon his retirement on December 31, 1994 and
wish him and his wife, Lillian, many more enjoyable years
together
No one from the audience wished to speak during the audience
communication portion of the meeting
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#837-94 RESOLVED, that having considered a communication from
Mr and Mrs Ray Hurd, 11170 Garden, Livonia, Michigan, dated
December 5, 1994, regarding a complaint about a business being
operated out of a home located at 11161 Garden, Livonia,
Michigan, the Council does hereby refer the matter of whether a
business is being conducted in a residential district at this
location to the Inspection Department for its report and
recommendation
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A communication from the Director of Finance, dated November 22,
1994, re forwarding various financial statements of the City of Livonia
for the month ending October 31, 1994, was received and placed on file for
the information of the Council
At the direction of the Chair, Items 4 and 5 were removed from
the Consent portion of the Agenda
On a motion by Toy, seconded by Ochala, it was
#838-94 RESOLVED, that having considered a letter from Linda
Boulton, Kennedy PTA President, and Judy Rizzo, Craft Show
Chairperson, dated November 14, 1994, which, in behalf of the
Kennedy Elementary School PTA, requests permission to place 12" x
16" signs advertising a craft show to be conducted on April 1,
1995, at the following intersections and in front of the school
at 14201 Hubbard Road, and which signs would be installed March
18, 1995, and removed by April 2, 1995
Five Mile and Hubbard Road
Schoolcraft Road and Hubbard Road
Farmington Road and Lyndon Road
Merriman Road and Lyndon Road
Five Mile Road and Merriman Road
Merriman Road and Schoolcraft Road
Schoolcraft Road and Farmington Road
the Council does hereby approve of and concur in this request in
the manner and form herein requested
A communication from the Office of the City Clerk, dated November
18, 1994, re the 1994/95 tax rate of the Livonia Public Schools was
received and placed on file for the information of the Council
#839-94 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated November 8, 1994,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby accept the
unit bid price of Allie Brothers of Livonia, 20295 Middlebelt,
Livonia, Michigan 48152, for supplying the Division of Police
with police uniforms for the unit prices set forth in the
attachment, and for a total estimated price of $46,210 00, the
same having been in fact the lowest bid received and meets all
specifications, and which unit prices shall remain in effect
through November 30, 1996
#840-94 WHEREAS, the City of Livonia has joined a multitude of
other Michigan municipalities which fund Michigan's trial courts
in order to compel funding under MCL Sec 600 9947;
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WHEREAS, the Michigan Court of Appeals has held that this
statute imposes a binding financial commitment on the State of
Michigan, obligates the State to appropriate the amounts
specified in this statute, and the funding units' only remedy to
enforce the statute is to consider themselves relieved of their
funding obligation to the extent of the entitlement and thereby
reduce their appropriations accordingly;
WHEREAS, in reliance on the Court of Appeals decision the City
of Livonia previously passed a resolution reducing local
appropriations in an amount equivalent to its entitlement under
MCL Sec 600 9947;
WHEREAS, a second class action lawsuit has been filed to protect
the interest of the local funding units, See 10th Judicial
Circuit et al v Saginaw County et al; Saginaw Circuit Court No
94-2936-AA-1 and Michigan Court of Claims No 94-15534-CM
("Saginaw class action") and a Stipulation and Interim Funding
Order entered therein direct the State of Michigan to pay the
Sec 600 9947 entitlement and recognizes the potential of a fine
to reimburse the local units if they pay such amounts in the face
of a State failure to follow the Court's order;
NOW, THEREFORE, IT IS HEREBY RESOLVED, that in reliance on the
Stipulation and Interim Funding Order in the ("Saginaw class
action") case described above, the City of Livonia restores local
funding to the trial courts it finances as budgeted before
passage of the Resolution reducing appropriations in accordance
with MCL Sec 600 9947;
BE IT FURTHER RESOLVED, that this restoration of local funding
shall be conditioned on the State' s failure to honor the Interim
Funding Order in the Saginaw class action;
BE IT FURTHER RESOLVED, that the restoration of funding herein
shall not be considered voluntary and shall not be construed as a
waiver or release of any claim of entitlement for reimbursement
from the State of Michigan through any form, including but not
limited to a claim for damages or to a compensatory fine;
BE IT FURTHER RESOLVED, that the chief fiscal officer is directed
to implement this Resolution forthwith and that its terms shall
supersede and replace any inconsistent resolution
#841-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 16, 1994,
approved for submission by the Mayor, regarding replacement
and/or construction of new sidewalks in the City of Livonia
pursuant to the 1994 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
166-94 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
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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, March 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
#842-94 RESOLVED, that having considered a communication from
the Planning Director, dated November 4, 1994, to which is
attached the "Capital Improvement Program 1995-2000" , the Council
does hereby refer this item to the Capital Improvement Committee
for its report and recommendation
#843-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 18, 1994,
which bears the signature of the Finance Director and the City
Attorney, and is approved for submission by the Mayor, wherein it
is recommended that the City enter into a contract with the
Michigan Department of Transportation and the County of Wayne
with respect to the responsibilities of the parties and cost
allocations associated with the Merriman Road Grade Separation
and Road Resurfacing Project, the Council does hereby authorize
the City' s participation ($2,131, 550 00) in the project cost as
outlined in the tri-party agreement; FURTHER, the Mayor and City
Clerk are hereby authorized to execute a contract agreement (No
94-2022) for and on behalf of the City of Livonia with the
Michigan Department of Transportation and the County of Wayne
with respect to this project and to do all other things necessary
or incidental to the full performance of this resolution;
FURTHER, the Council does hereby appropriate and authorize the
expenditure of a sum not to exceed $2,131,550 00 from the $12
Million General Obligation Road Improvement Bond Issue for this
purpose; AND FURTHER, an advance in a sum not to exceed
$784, 000 00 from the aforementioned appropriation is hereby
authorized to be forwarded to the County of Wayne by March 1,
1995, for purposes of making construction payments relative to
the Merriman Road Grade Separation Project; and the City Clerk is
hereby requested to send a certified copy of this resolution to
the Michigan Department of Transportation
#844-94 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, January 23, 1995, at
7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item
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(1) Petition 94-8-1-19, submitted by the City Planning
Commission for a change of zoning of property located on the
west side of Melvin Avenue between Norfolk Avenue and
Bretton Road in the Northeast 1/4 of Section 2, from R-5 to
RUFA, the City Planning Commission in its resolution
11-182-94 having recommended to the City Council that
Petition 94-8-1-19 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
#845-94 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Exhibit Works,
Inc , dated November 16, 1994, covering new industrial facilities
to be located within City of Livonia Industrial Development
District 53;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA
that it determines as follows
1 The City Clerk shall provide copies of the said Application
to the legislative bodies of the governmental units deriving
property taxes from the property which will be affected, as
required by Act 198, P A 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 on this Application and, (iii) advise
the said taxing units of this Council's desire to hold a
hearing on this Application on Monday, January 23, 1995, at
7 00 p m at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan
3 The Council hereby sets Monday, January 23, 1995, 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
(REVISED PAGE-SEE CR #847-94)
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#846-94 RESOLVED, that having considered a communication from
Charles G Tangora of Brashear, Tangora and Spence on behalf of
the Italian American Club Banquet Hall, Inc , dated November 28,
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 November 22, 1994, by the City
Planning Commission in its resolution 11-191-94 with regard to
Petition 94-9-2-30 submitted by the 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 1-96/1-275 Expressway and Knolson
Avenue in the Southwest 1/4 of Section 18, which property is
zoned C-1, the Council does hereby designate Wednesday, February
15, 1995, at 8 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 compliance
with the requirements set forth in Ordinance 543, as amended, the
Zoning Ordinance of the City of Livonia
A roll call vote was taken on the foregoing resolution with the following
result
AYES Ochala, Toy, Feenstra, McGee, Kavanagh, and Taylor
NAYS None
On a motion by Feenstra, seconded by Toy, it was
#847-94 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 10, 1994, with
regard to a request from General Mills Restaurants, Inc
requesting approval of an application for a new Michigan Liquor
Control Commission Class C full year liquor license and Sunday
Sales and Official Permit (food) for the China Coast restaurant
located at 13800 Middlebelt Road, Livonia, Michigan 48150, in
addition to prior approval already granted in Council Resolution
624-94 adopted on August 29, 1994, the Council does hereby take
this means to advise the Michigan Liquor Control Commission that
the City Council approves the said request; 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, Feenstra, McGee, Kavanagh, and Taylor
NAYS None
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The President declared the resolution adopted
Jurcisin entered the meeting at 8 10 p m
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#848-94 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated November 17,
1994, approved for submission by the Mayor, and to which is
attached a list of adjustments required for the 1994 budget, the
Council does hereby authorize the said budget adjustments and
transfers in the manner and form set forth in the attachment
The report and recommendation of the Water Supply, Drainage,
Sewage and Waste Disposal Study Committee, dated November 22, 1994, re
Petition 94-1-2-2 submitted by Building Committee, Incorporated, requesting
waiver use approval to construct a new credit union facility to be located
on the south side of Five Mile Road between Levan and Golfview Drive in the
Northeast 1/4 of Section 20 and the Natural Use, Scenic and Open Space
Easement pertaining to this petition was received and placed on file for
the information of the Council
The subject of a former landfill located in the area between
Stevenson High School and Marshall School, west of the Beitz Drain,
referred to the Water Supply, Drainage, Sewage and Waste Disposal Study
Committee pursuant to Council Resolution 341-94, is to remain in committee
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was
#849-94 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee, dated November 22, 1994, submitted
pursuant to Council Resolution 320-94, with regard to the erosion
problem which may exist along the banks of the Bell Creek
adjacent to residential property in the Rennolds' Ravine
Subdivision, the Council does hereby authorize the Engineering
Department to prepare an erosion mitigation plan for submittal to
the Michigan Department of Natural Resources for approval;
FURTHER, the Council does hereby appropriate and authorize the
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expenditure of a sum not to exceed $500 00 from Account No
375-000-965-101 for the application fee required by the
Department of Natural Resources to review such plan; FURTHER, the
report and recommendation of the Department of Law, dated
November 18, 1994, submitted pursuant to Council Resolution
657-94 is hereby received and placed on file for the information
of the Council; FURTHER, that the subject matter of the possible
erosion problem in this area shall remain in the Water Supply,
Drainage, Sewage and Waste Disposal Study Committee for further
consideration
The report and recommendation of the Water Supply, Drainage,
Sewage and Waste Disposal Study Committee, dated November 22, 1994,
submitted pursuant to Council Resolution 626-94, and the report and
recommendation of the Department of Law, dated October 11, 1994, submitted
pursuant to Council Resolution 683-94, with respect to the subject matter
of drainage problems as they relate to the Pines of Winfield Subdivision
proposed to be located south of Seven Mile and east of Wayne Road in the
Northwest 1/4 of Section 9, were received and placed on file for the
information of the Council
On a motion by McGee, seconded by Toy, and unanimously adopted,
it was
#850-94 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee, dated November 22, 1994, submitted
pursuant to Council Resolution 681-94, and the report and
recommendation of the Department of Law, dated October 11, 1994,
submitted pursuant to Council Resolution 683-94, with respect to
the establishment of improvement bonds for Pines of Winfield
Subdivision, located in the Northwest 1/4 of Section 9, and the
subject of drainage concerns related to the development of the
subdivision, the Council does hereby determine to take no further
action with respect to this matter
On a motion by McGee, seconded by Ochala, it was
RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee, dated November 22, 1994, submitted
pursuant to Council Resolution 724-94, and the report and
recommendation of the City Engineer, dated September 23, 1994,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, with respect to a proposed
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miscellaneous storm sewer extension program, and the
responsibility for payment of costs thereof, the Council does
hereby determine to take no further action with respect to this
item
On a motion by Jurcisin, seconded by Toy, it was
RESOLVED, that the City Council does hereby determine,
in lieu of the foregoing resolution, to substitute the following
RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee, dated November 22, 1994, submitted
pursuant to Council Resolution 724-94, and the report and
recommendation of the City Engineer, dated September 23, 1994,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, with respect to a proposed
miscellaneous storm sewer extension program, and the
responsibility for payment of costs thereof, the Council does
hereby authorize the Engineering Department to prepare plans and
specifications and thereafter to arrange for the taking of bids
for a miscellaneous storm sewer extension program, which program
will consist of installing storm sewers at the following five
locations
15658 Parklane
28703 Dover
19261 Newburgh
19578 Brentwood
9012 Denne;
the estimated cost of which is $105, 800 00; FURTHER, the Council
does hereby appropriate and authorize the expenditure of a sum
not to exceed $98, 900 00 from surplus Drain Funds available in
the Sewer Separation Bond Retirement Fund No 375 and the
expenditure of a sum not to exceed $7, 000 00 from the $5 Million
1993 Water and Sewer Revenue Bond Issue for this purpose; and the
Engineering Department is hereby authorized to obtain the
easements needed in order to proceed with this project
A roll call vote was taken on the motion to substitute as follows
AYES Toy and Jurcisin
NAYS Ochala, Feenstra, McGee, Kavanagh, and Taylor
The President declared the motion to substitute denied
On a motion by Jurcisin, seconded by Toy, it was
RESOLVED, that the City Council does hereby determine,
in lieu of the foregoing resolution, to substitute the following
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RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee, dated November 22, 1994, submitted
pursuant to Council Resolution 724-94, and the report and
recommendation of the City Engineer, dated September 23, 1994,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, with respect to a proposed miscel-
laneous storm sewer extension program, and the responsibility for
payment of costs thereof, the Council does hereby authorize the
Engineering Department to prepare plans and specifications and
thereafter to arrange for the taking of bids for a miscellaneous
storm sewer extension program, which program will consist of
installing storm sewers at the following five locations
15658 Parklane
28703 Dover
19261 Newburgh
19578 Brentwood
9012 Denne;
the estimated cost of which is $105, 800 00; and the Council does
herein also determine that such project shall be constructed and
financed by means of one-half the cost thereof to be paid by the
City, and one-half of the cost to be raised by special
assessments; FURTHER, the Council does hereby authorize and
appropriate the expenditure of a sum not to exceed $49,450 00
from surplus Drain Funds available in the Sewer Separation Bond
Retirement Fund No 375 and the expenditure of a sum not to
exceed $3, 500 00 from the $5 Million 1993 Water and Sewer Revenue
Bond Issue for this purpose; and the Engineering Department is
hereby authorized to obtain the easements needed in order to
proceed with this project
A roll call vote was taken on the motion to substitute as follows
AYES Toy and Jurcisin
NAYS Ochala, Feenstra, McGee, Kavanagh, and Taylor
The President declared the motion to substitute denied
A roll call vote was taken on the originally proposed resolution, as
follows
#851-94 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee, dated November 22, 1994, submitted
pursuant to Council Resolution 724-94, and the report and
recommendation of the City Engineer, dated September 23, 1994,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, with respect to a proposed
miscellaneous storm sewer extension program, and the
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responsibility for payment of costs thereof, the Council does
hereby determine to take no further action with respect to this
item
with the following result
AYES Ochala, Feenstra, McGee, Kavanagh, and Taylor
NAYS Toy and Jurcisin
The President declared the resolution adopted
On a motion by McGee, seconded by Feenstra, it was
#852-94 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee, dated November 22, 1994, submitted
pursuant to Council Resolution 684-94, and the 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 reject the recommendation of the Planning
Commission and Petition 94-8-3-7 is hereby denied; FURTHER, the
Council does hereby determine in lieu of vacating the subject
portion of the easement to request the Department of Law to
prepare an appropriate agreement in which the City gives
authorization for encroachment upon the subject portion of the
natural drainage easement for the purpose of installing an above-
ground pool and surrounding deck, and the Mayor and City Clerk
are hereby authorized to affix their signatures to the aforesaid
agreement for and on behalf of the City of Livonia in this
regard
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
The question of the need, if any, to revise landfill and transfer
site fees, referred to the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee pursuant to Council Resolution 984-90, is to
remain in committee
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The subject of curbside recycling and composting, referred to the
10,1 Water Supply, Drainage, Sewage and Waste Disposal Study Committee pursuant
to Council Resolution 1131-90, was previously reported out of committee
via Council Resolution 517-91
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was
#853-94 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee, dated November 22, 1994, and submitted
pursuant to Council Resolution 480-91, regarding the subject of
the Feasibility Study of Waste Management Compliance Options, the
Council does hereby determine to take no further action with
respect to this matter
On a motion by McGee, seconded by Feenstra, it was
#854-94 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
ihre Disposal Study Committee, dated November 22, 1994, and submitted
pursuant to Council Resolution 513-91, regarding the subject of
adding recycling of household batteries at the City's Recycling
Center, the Council does hereby determine to take no further
action with respect to this matter
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 McGee, seconded by Feenstra, it was
#855-94 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee, dated November 22, 1994, and submitted
pursuant to Council Resolution 833-91, regarding the subject of
the establishment of a collection facility at the Livonia
Recycling Center to receive donated clothing and small household
items, the Council does hereby determine to take no further
action with respect to this matter
A roll call vote was taken on the foregoing resolution with the following
result
28584
Lir AYES Ochala, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor
NAYS Toy
The President declared the resolution adopted
The question of the City providing its own yard waste composting
services in lieu of privatizing such services, referred to the Water
Supply, Drainage, Sewage and Waste Disposal Study Committee pursuant to
Council Resolution 412-92, is to remain in committee
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was
#856-94 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee, dated November 22, 1994, and submitted
pursuant to Council Resolution 392-93, regarding the subject of a
court order prohibiting Michigan Composting, Inc from receiving
yard wastes, the Council does hereby determine to take no further
action with respect to this matter
The subject of establishing a proposed pilot composting project
under which the City would pay Environmental Cost Management $6 00 per
cubic yard for bulk yard wastes and $1 00 per cubic yard for wood chips,
referred to the Water Supply, Drainage, Sewage and Waste Disposal Study
Committee pursuant to Council Resolution 568-93, is to remain in committee
On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was
#857-94 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee, dated November 22, 1994, and submitted
pursuant to Council Resolution 10-94, and the report and
recommendation of the Mayor, dated December 8, 1993, to which is
attached a copy of a report from the Director of Public Works,
dated December 7, 1993, regarding a leaking diesel fuel tank and
the subject of the employment of GZA GeoEnvironmental, Inc to
provide consultant services on an emergency basis in accordance
with the requirement of the Michigan Department of Natural
Resources, the Council does hereby determine to take no further
action with respect to this matter
28585
On motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was
#858-94 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee, dated November 22, 1994, and submitted
pursuant to Council Resolution 246-94, regarding the subject of
lifting the MDPH-imposed moratorium on water main extension
permits in the northern part of Livonia, the Council does hereby
determine to take no further action with respect to this matter
On a motion by McGee, seconded by Toy, it was
RESOLVED, that the Council does hereby determine to
change the name of the "Water Supply, Drainage, Sewage and Waste
Disposal Study Committee" to the "Water and Sewer Committee "
Feenstra offered a friendly amendment to the foregoing resolution
with the following result
#859-94 RESOLVED, that the Council does hereby determine to
change the name of the "Water Supply, Drainage, Sewage and Waste
Disposal Study Committee" to the "Water, Sewer and Waste
Committee "
AYES Toy, Feenstra, McGee, and Taylor
NAYS Ochala, Jurcisin, and Kavanagh
The President declared the resolution as amended adopted
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 27 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 94-6-1-15)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
Toy gave first reading to the following Ordinance
ImoAN ORDINANCE AMENDING SECTION 21 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 94-7-1-16)
28586
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
Toy invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon with the
following result
AYES Ochala, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Kavanagh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 94-8-1-17)
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
Jurcisin took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 130 OF TITLE 6,
CHAPTER 04 (DOGS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
Lor AYES Ochala, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and
Taylor
NAYS None
28587
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
McGee took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE ADDING SECTIONS 070 AND 080 TO
TITLE 8, CHAPTER 44 (ANTIBLIGHT REGULATIONS)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Ochala, Jurcisin, Feenstra, McGee, and Taylor
NAYS Toy and Kavanagh
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
A report and recommendation of the City Engineer, dated November
ILs8, 1994, re a request by Leo Soave for City assistance and participation
in a storm sewer extension westerly along Plymouth Road from the Plymouth/
Newburgh intersection was received and placed on file for the information
of the Council (CR 179-94)
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was
#860-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 8, 1994,
approved for submission by the Mayor, submitted pursuant to
Council Resolution 179-94, with regard to a request by Leo Soave
for City assistance and participation in the construction of a
storm sewer extension westerly along Plymouth Road from the
Plymouth/Newburgh intersection, the Council does hereby refer
this matter in connection with the consideration of the City' s
policy regarding storm sewer extensions and the City' s
participation in the cost thereof to the Water Supply, Drainage,
Sewage and Waste Disposal Study Committee for its report and
recommendation
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
(REVISED PAGE-SEE CR 862-94)
28588
#861-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 10, 1994, which sets
forth its resolution 10-169-94 adopted on October 4, 1994, with
regard to Petition 94-8-2-27 submitted by Bogart' s Billiard Cafe
requesting waiver use approval to operate a full service
restaurant in conjunction with an existing billiard hall facility
located on the north side of Plymouth Road between Tech Center
Drive and Sears Avenue in the Southeast 1/4 of Section 26, which
property is zoned C-2, and the Council having conducted a public
hearing with regard to this matter on Wednesday, November 30,
1994, pursuant to Council Resolution 754-94, the Council does
hereby reject the recommendation of the City Planning Commission
and said Petition 94-8-2-27 is hereby approved and granted
subject to the condition that the number of seats shall be
limited to 30 in a designated area
On a motion by Toy, seconded by Ochala, and unanimously adopted,
it was
#862-94 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated November 1, 1994, with
regard to a request from Outback Steakhouse of Florida, Inc (a
Florida corporation) ; Wibel & Associates, Inc , Co-Licensee; and
Michael A Fuhrman, Co-Licensee; requesting approval of an
application for a new Michigan Liquor Control Commission Class C
full year liquor license and Sunday Sales Permit for a proposed
Outback Steakhouse restaurant to be located at 29441 Five Mile
Road in the Mid-Five Shopping Center, Livonia, Michigan 48150, in
addition to prior approval already granted in Council Resolution
737-94 adopted on October 12, 1994, the Council does hereby take
this means to advise the Michigan Liquor Control Commission that
the City Council approves the said request; and the City Clerk is
hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission
A communication from the Inspection Department, dated November 9,
1994, re a report on the matter of outside spray painting of vehicles at
Dave's Custom Collision located at 29943 Eight Mile Road was received and
placed on file for the information of the Council (CR 745-94)
A report and recommendation from the Inspection Department, dated
November 2, 1994, re the condition of the two properties located to the
north of 8891 Newburgh Road and the possible proposed uses of such parcels
was received and placed on file for the information of the Council (CR
772-94)
28589
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#863-94 RESOLVED, that the Council does hereby amend Council
Resolution 769-94 so as to have the same read as follows
RESOLVED, that having considered a communication from the
City Planning Commission, dated October 7, 1994, which
transmits its resolution 10-171-94, adopted on October 4,
1994, with regard to Petition 94-9-8-19 submitted by
Providence Hospital, requesting site plan approval in
connection with a proposal to construct a medical clinic on
property located on the southwest corner of Seven Mile and
Newburgh Roads in the Northeast 1/4 of Section 7, 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
94-9-8-19 is hereby approved and granted, subject to the
construction of a deceleration lane on Seven Mile Road and
on Newburgh Road as required by the Engineering Department
and the planting of five (5) Austrian pine trees per lot on
the proposed berm, and subject to the following conditions
1) That the Site Plan received by the Planning Commission
on September 16, 1994 by Nowak & Fraus Corp is hereby
approved and shall be adhered to;
2) That the Landscape Plan, dated October 4, 1994, by MAS
Associates 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 Plans dated September 29, 1994 by
MAS Associates Inc are hereby approved and shall be
adhered to;
4) That the parking spaces for the entire medical clinic
shall be double striped;
5) That the landscape materials shown around the berm
shall be increased to more adequately screen the
proposed development from the neighboring residential
homes, such additional landscaping to be determined by
the City Planning Department;
6) The lawn area and permanent berm, which will be 30-35'
in width, 5' in height and will be landscaped, are to
be sprinkled and properly maintained at all times; and
7) That the sidewalk be extended on the full length of
their property on Seven Mile Road and on the full
length of their property on Newburgh Road
28590
On a motion by Toy, seconded by Feenstra, and unanimously
adopted, it was
#864-94 RESOLVED, that the Council does hereby amend Council
Resolution 773-94 so as to have the same read as follows
RESOLVED, that having considered a communication from the
City Planning Commission, dated October 10, 1994, which
transmits its resolution 10-173-94, adopted on October 4,
1994, with regard to Petition 94-9-8-21 submitted by
Kamp-DiComo Associates, requesting site plan approval in
connection with a proposal to construct an addition to the
auto dealership located at 32570 Plymouth Road in the
Southwest 1/4 of Section 27, pursuant to the provisions set
forth in Section 18 58 of Ordinance No 543, as amended, the
Council does hereby concur in the recommendation of the
Planning Commission and Petition 94-9-8-21 is hereby
approved and granted, subject to the installation of
additional landscaping such as a flower bed and/or shrubs on
the eastern portion of the property as recommended, and
subject to the following amended conditions
1) That the Site Plan received by the City Council on
October 26, 1994, by DiComo Associates is hereby
2) approved and shall be adhered to;
That the Landscape Plan received by the City Council on
October 26, 1994, by DiComo 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 and thereafter
permanently maintained in a healthy condition;
3) That the Elevation Plan received by the City Council on
October 26, 1994, by DiComo Associates, is hereby
approved and shall be adhered to; and
4) That no vans shall be allowed to be parked and
exhibited in front of the showroom along Plymouth Road
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#865-94 RESOLVED, that the Council does hereby amend Council
Resolution 783-94 so as to have the same read as follows
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated October
19, 1994, submitted pursuant to Council Resolution 315-94 in
connection with a communication from Councilmember Sean P
Kavanagh, dated April 13, 1994, with regard to the issue of
video machine/slot machine activity at Ladbroke/DRC and a
28591
non-binding referendum to be placed on the November, 1994
ballot, the Council does hereby determine to take no further
action; FURTHER, the Council does hereby determine that the
subject matter shall remain in the Legislative Committee
The 1994 Annual Report from MetroVision of Livonia, Inc was
received and placed on file for the information of the Council
There was no audience communication at the end of the meeting
Councilmember Feenstra noted a correction in the dates of the
Livonia Kiwanis Early Risers' project to assist Santa by hooking up a phone
switch to the North Pole Originally the dates were indicated as December
13 and 14; the actual dates are December 12, 13 and 14, so staff will be
needed for the 12th also
Council President Taylor indicated that the "Old Newsboys, " as
well as most of the Council, were out collecting for donations, and that
they would appreciate anyone's support who might wish to assist in this
matter
On a motion by Toy, seconded by Ochala, and unanimously adopted,
this 1,286th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 47 p m , December 7, 1994
PAi
Jc.n McCotter, City Clerk