HomeMy WebLinkAboutCOUNCIL MINUTES 1994-04-13 28175
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SEVENTIETH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On April 13, 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, Sean P
Kavanagh, and Gerald Taylor Absent None
Elected and appointed officials present Robert D Bennett,
Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Harry
Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A Szymula,
Director of Legislative Affairs; James Andres, Chief Accountant; Ronald
Reinke, Superintendent of Parks and Recreation; John Fegan, Director of
Inspection; Robert J Beckley, Director of Public Works; and Dorothy
Wilshaw, Arts Commission
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#230-94 RESOLVED, that the minutes of the 1,269th Regular
Meeting of the Council of the City of Livonia, held March 23,
1994, are hereby approved as submitted
On a motion by Feenstra, seconded by McGee, and unanimously*
adopted, it was
#231-94 RESOLVED, that the minutes of the 230th Special Meeting
of the Council of the City of Livonia, held March 28, 1994, are
hereby approved as submitted
*Councilmember Toy abstained from voting which is recorded as a "yes" vote
Imo under the provisions of Section 2 04 190B of the Livonia Code of
Ordinances
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The Council recognized Debbie Sotzen and Al Flores as being
ILM present; Ms Sotzen introduced the Beverly Park Playground drill team
and asked for construction assistance regarding this project
Also recognized as being present were students from Franklin High
School
On a motion unanimously introduced, seconded and adopted, it was
#232-94 WHEREAS, on April 22, 1944, a Special election on
consolidation of the seven school districts was held Pierson,
Briggs, Livonia Center, Wilcox, Elm-Rosedale, Stark and Newburg,
and
WHEREAS, on May 6, 1944, the first School Board election was
held determining School Board Members Fred Weinert, President;
G A Bakewell, Secretary; George Bentley, Treasurer; L Jack
Gate, Trustee; and Earl Bedell, Trustee; and
WHEREAS, in 1970 - 71, the Livonia Public Schools School
District consisted of 36 elementary schools, 10 junior high
schools and 4 high schools, and
WHEREAS, today the Livonia Public Schools School District
consists of 22 elementary schools with a student population of
9, 333, 4 middle schools with a student population of 2, 722, 3
high schools with a student population of 4, 781, and a career
center; and
WHEREAS, Harry 0 Johnson, Cole S Brembeck, Benton Yates,
Rolland H Upton, George G Garver, James P Carli, Carole M
Samples, and Joseph J Marinelli, serviced as School
Superintendents
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council
of the City of Livonia hereby commend the Livonia Public Schools
School District, its Board Members, Superintendents,
Administrators, Teachers, and support staff for 50 years of
conscientious and progressive educational instruction to the
youth of the District
At the direction of the Chair, the Mayor's letter of April 13,
1994, re the General Fund Millage Proposal for the August 1994 Primary
Election was added as an X-item to the Study Agenda of April 18, 1994
INNA communication from the Department of Finance, dated March 17,
1994, re various financial statements of the City of Livonia for the
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month ending January 31, 1994, was received and placed on file for the
Ihm information of the Council
At the direction of the Chair, Item 3 was removed from the
Consent portion of the Agenda
On a motion by Feenstra, seconded by Ochala, it was
#233-94 RESOLVED, that having considered an application from
Laura Wisnieski, 17560 Loveland, dated March 11, 1994, requesting
permission to close that portion of Northgate and Bell Creek Lane
from 32950 Northgate to 17711 Bell Creek Lane on Saturday, June
11, 1994, from 12 00 noon to 9 00 p m , for the purpose of
conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct
the said affair on Sunday, June 12, 1994, in the event of
inclement weather, the action taken herein being made subject to
the approval of the Police Department
#234-94 RESOLVED, that having considered a letter from certain
residents of the Livonia Fairway Farms Subdivision, dated March
1, 1994, requesting assistance with respect to a standing water
problem caused by reason of an inadequate drainage system in their
area, the Council does hereby request that the Engineering
Department submit its report and recommendation
#235-94 RESOLVED, that having considered a letter from St
Andrew's Episcopal Church, dated March 10, 1994, which requests
permission to place signs announcing an All-Parish Rummage/Garage
Sale to be conducted on Friday and Saturday, April 22 and April
23, 1994, which signs are double-sided and are 4' x 5' in size
and which will be located on the northeast corner of Hubbard and
Five Mile Road and the northeast corner of Hubbard and Six Mile
Road, the Council does hereby grant and approve this request in
the manner and form herein submitted
#236-94 RESOLVED, that having considered a letter from Smetanka
Enterprises, 24121 Meadow Bridge, Mt Clemens, Michigan 48043,
dated March 9, 1994, where a request is submitted for permission
to place a temporary portable sign which shall be no larger than
4' x 8' in size, non-illuminating, non-flashing, and
non-rotating, and located between the sidewalk and the Eddie
Edgar Arena at the entrance to the grounds (Lyndon and
Farmington) , from April 14 through April 24, 1994, to announce
and advertise the site of the Fifth Annual Spring Arts & Crafts
Show to be conducted at the Eddie Edgar Arena on April 23-24,
1994, the Council does hereby approve and grant this request in
the manner and form herein submitted
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#237-94 RESOLVED, that having received a communication from the
Supervisor of Northville Township, dated March 8, 1994, which, in
ils behalf of the Northville Board of Trustees, requests the support
of the City of Livonia for a grant application to construct a
bike path along Six Mile Road, which application has been
submitted to the Department of Transportation for ISTEA funds,
the Council does hereby take this means to declare its support in
behalf of the City of Livonia for the aforesaid application and
to urge the approval of same by the Department of Transportation;
and the City Clerk is hereby requested to forward a certified
copy of this resolution to Paul W McAllister, Transportation
Enhancement Activities, Bureau of Transportation Planning, 425
West Ottawa, P 0 Box 30050, Lansing, Michigan 48909, as well as
to do all other things necessary or incidental to the full
performance of this resolution
#238-94 RESOLVED, that having considered a communication from
the City Clerk, dated March 16, 1994, which indicates that the
proprietor of Hunters Pointe Subdivision, located on the north
side of Plymouth Road between Newburgh and Eckles Roads in the
Southeast 1/4 of Section 30, has delivered final true plats to
the City Clerk and requested that said plat be presented to
Council for final approval; and the Council having received a
communication from the City Planning Commission, dated March 18,
1994, wherein said Commission approved the final plat for the
said subdivision in its resolution 3-60-94, adopted on March 8,
1994; and the Council having considered a report from the City
Imo Engineer, dated March 3, 1994, recommending approval of the final
plat of said subdivision, the preliminary plat of which was
approved by the Council in its resolution 492-93, adopted on June
23, 1993, said preliminary plat having been recommended for
approval by the City Planning Commission on January 26, 1993, in
its resolution 1-19-93; NOW, THEREFORE, the Council does hereby
determine to grant its approval to the final plat of Hunters
Pointe Subdivision, located in the Southeast 1/4 of Section 30,
City of Livonia, Wayne County, Michigan, as submitted by the
proprietor thereof, which proprietor is also hereby required to
do all things necessary to obtain full compliance with the
Subdivision Control Act of Michigan of 1967, as amended, and the
ordinances of the City of Livonia, and FURTHER, the City Clerk is
hereby requested to do all things necessary or incidental to the
full performance of this resolution
#239-94 RESOLVED, that having considered a letter from the
President of the Livonia Heart Fund, dated March 15, 1994, the
Council does hereby determine as follows
1) That the Livonia Heart Fund is a worthy non-profit charity
in the community;
2) That the City of Livonia shall be one of the co-sponsors of
lim the 1994 Golf Day Benefit; and
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3) That the Livonia Heart Fund is hereby granted approval to
use the Whispering Willows, Fox Creek and Idyl Wyld
Municipal Golf Courses on Wednesday, August 24, 1994, for
the 17th annual golf outing
A communication from the Inspection Department, dated October 18,
1993, and a communication from the Traffic Commission, dated December 17,
1993, re perpendicular parking adjacent to 33014 Five Mile Road was
received and placed on file for the information of the Council (CR
766-93)
#240-94 RESOLVED, that having considered the report and
recommendation of the Traffic Commission, dated December 17,
1993, approved for submission by the Mayor, and submitted
pursuant to Council Resolution 766-93 with respect to the matter
of perpendicular parking adjacent to 33014 Five Mile Road, the
Council does hereby determine to take no further action
#241-94 RESOLVED, that having considered the report and
recommendation of the Director of Emergency Preparedness, dated
March 16, 1994, which bears the signature of the Finance
Department and is approved for submission by the Mayor, and which
indicates that the City' s application for a 50% matching grant,
not to exceed $2,000 00, previously submitted for Federal
Emergency Management Funds for the Radio Amateur Civil Emergency
System was approved, the Council does hereby authorize the
purchase of the emergency radio equipment referred to in the
aforesaid communication from C-Comm, 6115-15th Avenue N W ,
Seattle, Washington 98107, for a total sum of $1, 716 00,
including free shipping; FURTHER, the Council does hereby
authorize the transfer of the sum of $1,000 00 from Account No
101-906-964-010 to Account No 101-429-987-000 for this purpose,
as well as a sufficient advance ($716 00) from Account No
101-429-987-000, pending reimbursement from Federal Emergency
Management Agency grant funds
#242-94 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated March 16, 1994, which bears the signature of the Finance
Department and is approved for submission by the Mayor, the
Council does hereby accept the following alternative bids for the
purchase of playground equipment and a shelter for Veterans'
Park, inasmuch as the same constitute the lowest bids received
and meet all specifications
PLAYGROUND EQUIPMENT
Iwo Play Environments, Inc $19,400 00
563 College Avenue
Holland, MI 49423
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SHELTER
Engan-Tolley and Associates $12, 640 00
P 0 Box 829
Okemos, MI 48864
FURTHER, the Council does hereby appropriate and authorize the
aforesaid funds from the Unexpended Fund Balance established in
Council Resolution 578-92, based upon the understanding that the
State of Michigan will reimburse the City up to a maximum of
$40, 125 00
#243-94 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated March 16, 1994, which bears the signature of the Finance
Department and is approved for submission by the Mayor, and which
transmits Parks and Recreation Commission resolutions 2258-94
through 2261-94, adopted on March 7, 1994, wherein Council
approval is requested with respect to 50/50 matching grant
applications submitted under the Land and Water Conservation Fund
for the following projects, which are part of the Master
Recreation and Park Plan
1) Ford Field Lights & Control Booth
2) Tiffany Park Development
3) Clements Circle Pool Locker Room Renovation
4) Bicentennial Park Concession Stand Comfort Station
the Council does hereby concur in and approve of the said grant
applications in the manner and form herein submitted
#244-94 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated March 16, 1994, which bears the signature of the Finance
Department and is approved for submission by the Mayor, and which
transmits Parks and Recreation Commission resolution 2256-94,
adopted on March 7, 1994, wherein it is recommended that two
umpires be assigned to all regular season games and that umpires
be assigned to all league play-off games, league tournaments and
league-related all-star games, and that the fee schedule for the
umpires be as follows
Umpires will receive full pay for forfeited games
- Umpires will receive full pay for games that are
started and not completed
- Umpires will receive $15 00 for games they travel to
that are rained out prior to the first pitch
- 7 inning games $40 00 per game, per umpire
lio 9 inning games $45 00 per game, per umpire
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the Council does hereby concur in and approve of such action;
FURTHER, in accordance with the recommendation of the department,
the Council does hereby authorize the employment of Mr Richard
Fetchiet's Umpire Association to work the collegiate games
#245-94 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated March 16, 1994, which bears the signature of the Finance
Department and is approved for submission by the Mayor, and which
sets forth Parks and Recreation Commission resolution 2257-94,
adopted on March 7, 1994, wherein it is recommended that the
Council approve reimbursement of official fees to the LJFL for
baseball and basketball, the Council does hereby concur in and
approve of such action
A communication from the Public Service Division, dated March 18,
1994, re status of Michigan Department of Public Health Water Main Permit
Moratorium and impact on residential development in the northern portion of
Livonia was received and placed on file for the information of the Council
#246-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 18,
1994, approved for submission by the Mayor, to which is attached
a letter dated March 8, 1994, addressed to the Michigan
Department of Public Health by the Director of Public Works,
requesting the lifting of the MDPH-imposed moratorium on water
main extension permits in the northern part of Livonia, the
Council does hereby refer this item to the Water Supply,
Drainage, Sewage and Waste Disposal Study Committee for its
report and recommendation
#247-94 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 15, 1994, approved by the
Finance Department and approved for submission by the Mayor,
which sets forth Water and Sewer Board resolution WS 3054 3/94,
the Council does hereby accept the unit price bid of Price
Brothers Company, 1955 E Ten Mile Road, Warren, Michigan 48091,
for supplying the Public Service Division (Water Maintenance
Section) with copper water tubing for the estimated total amount
of $7,620 00, the same having been in fact the lowest bid
received and meets all specifications
#248-94 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 15, 1994, approved by the
Finance Department and approved for submission by the Mayor, and
which sets forth Water and Sewer Board resolution WS 3050 3/94,
the Council does hereby accept the unit price bid of Sensus
Technologies, Inc , P 0 Box 487, Uniontown, Pennsylvania 15401,
lbw for supplying the Public Service Division (Water Maintenance
Section) with compound water meters (with remote reading device)
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for an estimated total amount of $41,734 88, and the unit price
bid with respect to fire line meters for the estimated total
amount of $28, 035 00, the same having been in fact the lowest and
only bids received which meet specifications
#249-94 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 15, 1994, approved by the
Finance Department and approved for submission by the Mayor, and
which sets forth Water and Sewer Board resolution WS 3053 3/94,
the Council does hereby accept the unit price bid of Price
Brothers Company, 1955 E Ten Mile Road, Warren, Michigan 48091,
for supplying the Public Service Division (Water Maintenance
Section) with water service parts and fittings for a total
estimated amount of $7, 891 00, the same having been in fact the
lowest bid received and meets all specifications
#250-94 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 15, 1994, approved by the
Finance Department and approved for submission by the Mayor, and
which sets forth Water and Sewer Board resolution WS 3047 3/94,
the Council does hereby determine as follows
1) Accept the low bid of Nankin Sand Company, 39740 Cherry Hill
Road, Canton, Michigan 48187, which meets specifications,
for supplying the Public Service Division (Water Maintenance
Section) with topsoil at the unit bid price of $6 74 per
yard delivered;
FURTHER, in the event the lowest bidder is unable to furnish
the material, accept the second lowest bid of Wolverine
Contractors, Inc , P 0 Box 760026, Lathrup Village,
Michigan 48076, which also meets specifications, as an
alternate to supply the Public Service Division (Water
Maintenance Section) with topsoil at the unit bid price of
$6 99 per yard delivered; and
2) Accept the low bid of Wolverine Contractors, Inc , P 0 Box
760026, Lathrup Village, Michigan 48076, which meets
specifications, for supplying the Public Service Division
(Water Maintenance Section) with topsoil at the unit bid
price bid of $6 25 per yard for pickup;
FURTHER, in the event the lowest bidder in unable to furnish
the material, accept the second lowest bid of Nankin Sand
Company, 39740 Cherry Hill Road, Canton, Michigan 48187,
which also meets specifications, as an alternate to supply
the Public Service Division (Water Maintenance Section) with
topsoil at the unit bid price of $6 50 per yard for pickup
#251-94 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 15, 1994, approved by the
Finance Department and approved for submission by the Mayor, and
which sets forth Water and Sewer Board resolution WS 3048 3/94,
the Council does hereby accept the unit price bid of Price
Brothers Company, 25284 Seeley, P 0 Box 914, Novi, Michigan
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48376-0914, for supplying the Public Service Division (Water
Maintenance Section) with detector check valves with bypass
fittings, less meter, the same having been in fact the lowest bid
received and meets all specifications
#252-94 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 15, 1994, approved by the
Finance Department and approved for submission by the Mayor,
which sets forth Water and Sewer Board resolution WS 3052 3/94,
the Council does hereby accept the low quotation of S L C
Hydro-Meter Testing & Repair, 3059 Dixie Highway, Waterford,
Michigan 48328, to perform test and repair large commercial water
meters at the unit prices quoted for all commercial water meters
at the unit prices quoted for all meter sizes requested for the
period through December 31, 1994, for a total sum not to exceed
$12,450 00; FURTHER, in the event the aforesaid low quote party
is unable to perform the said service, the Council does hereby
accept the second low quotation of Metro Meter Service, Inc ,
2814 West Second Street, Owensboro, Kentucky 42301, as an
alternate to perform test and repair of large commercial water
meters at the unit prices quoted for all meter sizes requested
for the period through December 31, 1994, for a total sum not to
exceed $12, 550 00; and the Council does hereby authorize the
action herein without competitive bidding in accordance with
Section 3 04 140D5 of the Livonia Code of Ordinances, as amended
#253-94 WHEREAS, Farmington Road in the City of Livonia, Wayne
County, Michigan, is a County road under the jurisdiction of
Wayne County; and
WHEREAS, the Wayne County Department of Public Services is
proposing a project to resurface Farmington Road from Joy Road to
0 86 miles north; and
WHEREAS, the Wayne County Internal Resurfacing Program Guidelines
call for cities to contribute one-third of the estimated cost for
resurfacing projects; and
WHEREAS, the cost for the 1994 Internal Resurfacing Program has
been estimated at $96, 000 per lane mile and the local city share
has been estimated at $32, 000 per lane mile; and
WHEREAS, the total cost for resurfacing Farmington Road from Joy
Road to 0 86 miles north has been estimated at $184,320 and the
City of Livonia share has been established at $61,440
NOW, THEREFORE, BE IT RESOLVED, that the Livonia City Council
does on this 13th day of April, 1994, take this means to express
its desire to join with Wayne County in proceeding with a project
to resurface Farmington Road from Joy Road to 0 86 miles north,
Ibe and FURTHERMORE, does hereby approve and authorize payment of the
City' s share of $61,440 in the manner set forth in the Wayne
County Internal Resurfacing Program Guidelines, dated February 1,
1994
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#254-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 18, 1994, which
transmits its resolution 3-57-94, adopted on March 8, 1994, with
regard to Petition 94-2-3-2, submitted by the City Planning
Commission, pursuant to Council Resolution 990-93, proposing the
vacating of an easement on the south side of Lot 336 and the
remaining portion of an easement on the north side of Lot 337,
Country Homes Estates Subdivision No 2, north of Myrna Avenue
between Newburgh and Levan Roads in the Southwest 1/4 of Section
17, the Council does hereby concur in the recommendation of the
Planning Commission and does grant and approve the said Petition
94-2-3-2; and the Department of Law is hereby requested to
prepare the necessary vacating ordinance in accordance with this
resolution
#255-94 RESOLVED, that having considered a communication from
Fernon P Feenstra, Councilmember/SPREE Board of Directors, dated
March 22, 1994, the Council does hereby approve and authorize the
installation of SPREE banners on utility poles in the Civic
Center area in connection with SPREE "44" ; and the Public Service
Division is requested to erect the banners on or before June 13,
1994 and remove them on June 27, 1994 at no expense to SPREE
#256-94 RESOLVED, that having considered a communication from
the Commander and the Rummage Sale Chairperson of the Disabled
American Veteran Auxiliary Chapter 114, received by the Office of
lim the City Clerk on March 25, 1994, requesting permission to post
signs approximately 12" x 16" in size two weeks before a rummage
and bake sale to be conducted on April 30, 1994 at the following
intersections
Schoolcraft and Merriman Road
Plymouth and Newburgh
Joy Road and Wayne Road
Schoolcraft and Newburgh
Merriman and Seven Mile Road
Six Mile and Newburgh
and with a banner to be posted on the Memorial Home at 8850
Newburgh Road, the Council does hereby grant and approve this
request in the manner and form herein submitted
#257-94 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, May 23, 1994 at 8 00
p m at the City Hall, 33000 Civic Center Drive, Livonia,
tor Michigan, with respect to the following items
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(1) Petition 94-1-1-3, submitted by the City Planning Commission
on its own motion for a change of zoning of property located
lbw on the east side of Deering, north of Joy Road, in the
Southeast 1/4 of Section 36, from C-2 to RUF, the City
Planning Commission in its resolution 3-49-94 having
recommended to the City Council that Petition 94-1-1-3 be
approved;
(2) Petition 94-1-1-4, submitted by the City Planning Commission
on its own motion for a change of zoning of property located
on the west side of Cardwell, north of Joy Road, in the
Southeast 1/4 of Section 36, from RUF to R-1, the City
Planning Commission in its resolution 3-50-94 having
recommended to the City Council that Petition 94-1-1-4 be
approved;
(3) Petition 94-1-1-5, submitted by the City Planning
Commission, pursuant to Council Resolution 959-93, for a
change of zoning of property located on the west side of
Middlebelt Road between Seven Mile Road and Clarita Avenue,
in the Northeast 1/4 of Section 11, from C-1 and C-2 to P
and from C-1 to C-2, the City Planning Commission in its
resolution 3-51-94 having recommended to the City Council
that Petition 94-1-1-5 be approved;
(4) Petition 94-2-6-1, submitted by the City Planning Commission
Imo on its own motion to determine whether to amend Section
18 46 of Zoning Ordinance 543 pertaining to division or
partitioning of lots, the City Planning Commission in its
resolution 3-58-94 having recommended to the City Council
that Petition 94-2-6-1 be approved; and
(5) Petition 94-2-6-2, submitted by the City Planning Commission
on its own motion to determine whether to amend Section
23 05 of Zoning Ordinance 543 relative to the required
zoning sign, the City Planning Commission in its resolution
3-59-94 having recommended to the City Council that Petition
94-2-6-2 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 amendments to the Zoning Ordinance, and/or (b)
location of the proposed changes of zoning as set forth above,
first to be published in the official newspaper of the City or a
newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by certified mail to
each public utility company and to each railroad company owning
or operating any public utility or railroad within the districts
or zones affected; and FURTHER, the City Clerk is requested to do
Imo all other things necessary or incidental to the full performance
of this resolution
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#258-94 RESOLVED, that having considered a communication from
the City Engineer, dated March 22, 1994, approved for submission
by the Mayor, and submitted pursuant to Council Resolution
965-93, and the City Engineer having ascertained the assessed
valuation of all property affected by the proposed street
improvement of Munger Road, east of Merriman in the Northwest 1/4
of Section 14, 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 March 22, 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, May 16, 1994, 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 Ochala, Toy, Jurcisin, Feenstra, McGee, Kavanagh, and
Taylor
NAYS None
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#259-94 RESOLVED, that having considered the report and
recommendation of the Finance and Insurance Committee, dated
April 11, 1994, in connection with communications from the
Beverly Park Playground Coordinator, dated March 9, 1994 and
March 21, 1994, wherein a request is submitted to be placed
160 within a Category I or II with respect to a golf outing to be
conducted on Thursday, May 12, 1994, at the Fox Creek Golf
Course, and which further request permission to conduct an
afternoon shotgun start, the Council does hereby authorize the
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Parks and Recreation Department to charge a fee of $5 00 per
golfer/18 holes, or an equivalent donation, for the use of Fox
Creek Golf Course in connection with this event, but does reject
the request to dispense liquor and conduct a shotgun start,
determining in this regard that established Parks and Recreation
Department policies and procedures should apply
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
#260-94 RESOLVED, that having considered a communication from
Douglas M Symons, dated April 7, 1994, submitted in behalf of
the Beverly Park Playground Project requesting permission to
display two (2) portable signboards which are 5' high by 11' wide
and are attached to portable trailers, one of which is to be
displayed at the northeast corner of Six Mile and Middlebelt and
the other at the southeast corner of Five Mile and Farmington,
from April 27, 1994 to May 13, 1994, the purpose of which is to
post a worker recruitment message for this project, the Council
does hereby concur in and approve this request in the manner and
form herein submitted
On a motion by Kavanagh, seconded by Ochala, and unanimously
adopted, it was
#261-94 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 7,
1994, and submitted pursuant to Council Resolution 841-93, in
connection with a communication from the City Planning
Commission, dated August 4, 1993, which sets forth its resolution
7-148-93, adopted on July 27, 1993, with regard to Petition
93-6-2-14, submitted by M & N Corporation Limited, requesting
waiver use approval to utilize an SDM license for a proposed
business to be located within an existing shopping center on the
north side of Seven Mile Road between Rensellor and Antago
Boulevards in the Southeast 1/4 of Section 1, which property is
zoned C-1, and the Council having conducted a public hearing with
regard to this matter on September 27, 1993, pursuant to Council
Resolution 650-93, and having also considered the report and
recommendation as set forth in communications from the Chief of
Police, dated November 16, 1993, December 21, 1993 and January 7,
1994, approved for submission by the Mayor, the Council does
hereby concur in the recommendation of the Planning Commission,
and Petition 93-6-2-14 is hereby denied for the same reasons as
those set forth in the aforesaid recommendation of the Planning
Commission
On a motion by Ochala, seconded by Feenstra, it was
#262-94 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 21,
1994, and submitted pursuant to Council Resolution 136-94 in
connection with a communication from the City Planning
28188
Commission, dated December 9, 1993, which sets forth Planning
Commission resolution 11-214-93, adopted on November 30, 1993,
with regard to Petition 93-8-1-12, as amended, by Tri-West
Development Corporation for a change of zoning on property
located on the south side of Five Mile Road between Bainbridge
Avenue and Henry Ruff Road in the Northwest 1/4 of Section 23
from RUFA to R-1A, and the Council having conducted a public
hearing with regard to this matter on February 7, 1994, pursuant
to Council Resolution 994-93, and having also considered the
report and recommendation of the City Planner, dated April 7,
1994, the Council does hereby approve Petition 93-8-1-12 for
preparation of the ordinance for submission to Council so as to
rezone the subject property from RUFA to R-3A; 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 No 543, as amended, in
accordance with this resolution
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 Jurcisin, it was
#263-94 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee, dated March 29, 1994, and submitted
pursuant to Council Resolution 871-93 in connection with a
petition submitted by residents of Livonia Hills Estates
Subdivision, dated October 8, 1993, wherein a request is
submitted for explanation/clarification as to charges or fees to
be assessed in connection with the water/sewer project that is
currently in progress and which commenced on or about August 1,
1993, in said subdivision as a result of action taken in Council
Resolution 410-93, and having also considered a communication
from the Water and Sewer Board, dated December 20, 1993, approved
by the Finance Department and approved for submission by the
Mayor, and which transmits its resolution WS 3041 12/93, and to
which is attached a report and recommendation from the Public
Utility Manager and the Director of Public Works, dated December
13, 1993, and having also considered the report and
recommendation of the Mayor, dated December 29, 1993, submitted
pursuant to Council Resolution 872-93, the Council does hereby
concur in the recommendation of the Water and Sewer Board that
the fees and charges for the Livonia Hills Subdivision shall be
made as follows
28189
1 Approve the sewer connection charge of $1, 000 per lot which
is in accordance with the Livonia Code of Ordinances, as
amended; and
2 Revise the water main debt rate to $3, 800 per lot or $35 00
per front foot, whichever is less
A roll call vote was taken on the foregoing resolution with the following
result
AYES Ochala, Jurcisin, Feenstra, McGee, and Taylor
NAYS Toy and Kavanagh
The President declared the resolution adopted
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
#264-94 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage and Waste
Disposal Study Committee, dated March 29, 1994, and submitted
pursuant to Council Resolution 871-93, the Council does hereby
request that the Water and Sewer Board submit its report and
recommendation with regard to the remaining lots and areas in the
City of Livonia which are presently without public water and
sewer facilities and what plans, if any, there are to provide
such facilities in the future
Jurcisin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 6 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 93-11-1-17)
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
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
lom #265-94 RESOLVED, that having considered a communication from
the Department of Law, dated March 31, 1994, submitted pursuant
to Council Resolution 227-94, in which submits a proposed
ordinance amendment in connection with Petition 93-11-1-17 for a
281 90
change of zoning on property located on the north side of Seven
Mile Road east of Haggerty in the SW 1/4 of Section 6 from ML to
C-2, and which ordinance amendment did receive first reading by
Councilmember Jurcisin on April 13, 1994, the Council does hereby
refer this item to the Committee of the Whole for its report and
recommendation
Feenstra gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 94-1-3-1)
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
Feenstra 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
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 290 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
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 210 OF TITLE 6,
CHAPTER 06 (CATS) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
28191
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 020 OF TITLE 10,
CHAPTER 87 (TOY VEHICLES) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Toy, Feenstra, McGee, and Taylor
NAYS Ochala, Jurcisin, and Kavanagh
The President declared the foregoing Ordinance duly adopted, and would
Ike become effective on publication
Jurcisin took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 060 OF TITLE 16,
CHAPTER 32 (LOT PARTITION) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance 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
McGee took from the table, for second reading and adoption, the
Imo following Ordinance
28192
AN ORDINANCE AMENDING SECTION 26 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 93-10-1-14)
A roll call vote was taken on the foregoing Ordinance 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 took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 1 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 91-10-1-19)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Ochala, Jurcisin, Feenstra, McGee, and Kavanagh
NAYS Toy and Taylor
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was
#266-94 RESOLVED, that having considered a communication from
the law firm of Cross Wrock, dated March 21, 1994, in behalf of
their client, Ameritech Mobile Communications, Inc , the general
partner of Detroit SMSA Limited Partnership, and having also
considered the report and recommendation of the Mayor, dated
Imo March 25, 1994, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute
a proposed lease agreement between the City of Livonia and
Detroit SMSA Limited Partnership by its sole general partner,
28193
Ameritech Mobile Phone Service of Detroit, Inc , for a five-year
period, extendable in five-year increments for twenty-five years,
at a location in Botsford Park, and payable upon the terms and
conditions detailed in the aforesaid communications, and subject
to approval as to form by the Department of Law
On a motion by Toy, seconded by Feenstra, it was
#267-94 RESOLVED, that having considered a communication from
the City Assessor, dated March 10, 1994, approved for submission
by the Mayor, with regard to a request from Ms Patricia Fewell,
37955 Lakeshore Drive, Harrison Township, Michigan 48045, 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 approve of the proposed division of Tax Item No 46
144 01 0022 000 (includes Lot 23) into two parcels, the legal
descriptions of which shall read as follows
Lot 22 of Joy Road Cozy Homesites Subdn , City of Livonia,
Wayne County, Michigan, as recorded in Liber 69 of Plats, on
Page 9 of Wayne County Records
Lot 23 of Joy Road Cozy Homesites Subdn , City of Livonia,
Wayne County, Michigan, as recorded in Liber 69 of Plats, on
Page 9 of Wayne County Records
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference; and the City Clerk is hereby
requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds;
provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals
A roll call vote was taken on the foregoing resolution with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor
NAYS Ochala
The President declared the resolution adopted
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#268-94 RESOLVED, that the Council does, in accordance with
Section 23 01 (a) of Zoning Ordinance 543, request that the City
Planning Commission conduct a public hearing and thereafter
submit a report and recommendation on the question of whether
property located in the immediate vicinity of Deering north of
Joy Road should be rezoned to a more appropriate residential
zoning classification
28194
On a motion by Ochala, seconded by McGee, and unanimously
adopted, it was
#269-94 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated February 3, 1994, and
the report and recommendation of the Chief of Police, dated March
1, 1994, approved for submission by the Mayor, the Council does
hereby approve of the request from Bob Evans Farms, Inc , to add
space and cancel existing Outdoor Service (two areas) in
conjunction with 1993 Class C Licensed Business with Official
Permit (Food) and Outdoor Service (two areas) , located at 19265
Victor Parkway, Livonia, Michigan, Wayne County; and the City
Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
On a motion by Kavanagh, seconded by Jurcisin, it was
#270-94 RESOLVED, that the Council does hereby refer to the
Committee of the Whole for its report and recommendation the
subject of the exterior appearance of the Cantina del Rio
restaurant which is located at 19265 Victor Parkway, Livonia,
Michigan
A roll call vote was taken on the foregoing resolution with the following
result
AYES Ochala, Toy, Jurcisin, McGee, Kavanagh, and Taylor
NAYS Feenstra
The President declared the resolution adopted
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#271-94 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 3, 1993, and
the report and recommendation of the Chief of Police, dated
January 7, 1994, approved for submission by the Mayor, the
Council does hereby approve of the request from Chrysler
Financial Corporation, stockholder in Chrysler First Business
Credit Corporation (a Delaware Corporation) to transfer ownership
of 1990 Class C-SDM Licensed Business (in escrow) with Dance
Permit from LeBordeaux, Inc ; David W Allard, Jr , Interim
Trustee (Step I) , for a business located at 30325 Six Mile,
Livonia, MI 48152, Wayne County; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
28195
#272-94 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 3, 1993, and
the report and recommendation of the Chief of Police, dated March
1, 1994, approved for submission by the Mayor, the Council does
hereby approve of the request from Kelly Schein and David T
Pettey, stockholders in House of Billiards, Inc to transfer
ownership of 1990 Class C Licensed Business (in escrow) as
reclassified to a Tavern License for dispensing beer and wine
only with new Entertainment-M Permit (without dressing rooms)
from Chrysler First Business Credit Corporation; and transfer
location from 30325 W Six Mile, Livonia, Michigan 48152, Wayne
County, (Step II) to the business to be located at 28139 W Eight
Mile, 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
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was
#273-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 4,
1994, approved by the Finance Department and approved for
submission by the Mayor, the Council does hereby accept the
following low bids which meet specifications, for supplying the
Public Service Division (Road Maintenance Section) with the
bituminous materials specified at the unit prices bid through
April 15, 1995
1) Angelo's Asphalt Materials, 26400 Sherwood, Warren, Michigan
48091 - 12WM Asphaltic Concrete - $21 00 per ton;
2) Nagle Paving Company, 30630 West Twelve Mile Road,
Farmington Hills, Michigan 48334 - 1100 Asphaltic Concrete -
$21 50 per ton;
3) Barrett Paving Materials, Inc , 13501 Huron River Drive,
Romulus, Michigan 48174 - Cold Patch Asphaltic Material -
$32 00 per ton (delivered) ; and
4) Asphalt Products, 27575 Wixom Road, P 0 Box 817, Novi,
Michigan 48376 - Cold Patch Material (U P M Sylvax Brand) -
$58 25 per ton;
FURTHER, in the event the aforesaid low bidders are unable to
furnish the materials, the Council does hereby accept the
following second low bids, which also meet specifications, as
alternates, to supply the Public Service Division (Road
Maintenance Section) with the bituminous materials specified for
the period through April 15, 1995
1) Nagle Paving Company, 30630 West Twelve Mile Road,
Farmington Hills, Michigan 48334 - 12WM Asphaltic Concrete -
$25 50 per ton;
28196
2) Angelo's Asphalt Materials, 26400 Sherwood, Warren, Michigan
lbw
48091 - 1100 Asphaltic Concrete - $17 65 per ton;
3) Asphalt Products, 27575 Wixom Road, P 0 Box 817, Novi,
Michigan 48376 - Cold Patch Asphaltic Material - $32 25 per
ton (delivered) ; and
4) Barrett Paving Materials, Inc , 13501 Huron River Drive,
Romulus, Michigan 48174 - Cold Patch Material (U P M Sylvax
Brand) - $59 50 per ton
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#274-94 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 15, 1994, approved by the
Finance Department and approved for submission by the Mayor, and
which sets forth Water and Sewer Board resolution WS 3049 3/94,
the Council does hereby accept the low and only bid of Peltz
Sodding, Inc , 34111 Schoolcraft Road, Livonia, Michigan 48150,
which meets specifications, for supplying the Public Service
Division (Water Maintenance Section) with blue grass sod at the
unit bid price of $1 25 per yard delivered and $1 00 per yard for
pickup; FURTHER, in the event the aforesaid bidder is unable to
furnish the material, the Council does accept the late bid of
lbw Huggett Sod Farm, Inc , 4114 E Marlette Road, Marlette, Michigan
48453, which also meets specifications, as an alternate to supply
the Public Service Division (Water Maintenance Section) with blue
grass sod at the unit bid price of $ 89 per yard delivered and
$ 69 per yard for pickup
On a motion by Toy, seconded by Ochala, and unanimously adopted,
it was
#275-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 9, 1994, which
bears the signature of the Finance Department and is approved for
submission by the Mayor, the Council does hereby accept the unit
price bid of Scodeller Construction, Inc , P 0 Box 448, South
Lyon, Michigan 48178, for the 1994 Pavement Joint and Crack
Sealing Program for the estimated total cost of $103,825 00,
based upon the Engineering Department's estimate of units
involved, and subject to a final payment based upon the actual
units completed in accordance with the unit prices accepted
herein, said estimated cost and unit prices having been in fact
the lowest bid received for this item; FURTHER, the Council does
hereby appropriate and authorize the expenditure of the sum of
$103,825 00 from the Michigan Transportation Fund (Local Road
ibm Account) for this purpose; and the City Engineer is hereby
authorized to approve minor adjustments in the work as it becomes
necessary; and the Mayor and City Clerk are hereby authorized to
execute a contract for and on behalf of the City of Livonia with
the aforesaid bidder and to do all other things necessary or
incidental to the full performance of this resolution
28197
On a motion by Feenstra, seconded by Jurcisin, it was
#276-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 18, 1994, which
transmits its resolution 3-63-94, adopted on March 8, 1994 with
regard to Petition 94-2-8-2, submitted by Rally's Hamburgers,
Inc , requesting site plan approval in connection with a proposal
to construct a structural canopy on the restaurant located at
33500 Plymouth Road in Section 28, pursuant to the provisions set
forth in Section 18 58 of Ordinance 543, as amended, the Council
does hereby reject the recommendation of the Planning Commission
and Petition 94-2-8-2 is hereby denied for the following reasons
1) That the petitioner has failed to justify a need for the
proposed canopy;
2) That the subject property does not have the capacity to
accommodate the canopy within the required front yard
setback; and
3) That due to its size and location, this awning would be
detrimental to the aesthetic quality and beauty of the
surrounding neighborhood by presenting a visual blight that
could jeopardize the property values in the area as set
forth in the comprehensive plan of the Zoning Ordinance
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, Feenstra, McGee, and Taylor
NAYS Ochala, Toy, and Kavanagh
The President declared the resolution adopted
A communication from the Department of Law to Councilmember
Ronald Ochala, dated March 30, 1994, re conditions of site plan and
waiver use approval, was received and placed on file for the information of
the Council
On a motion by Feenstra, seconded by McGee, it was
#277-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 18, 1994, which
transmits its resolution 3-63-94, adopted on March 8, 1994 with
regard to Petition 94-2-8-2, submitted by Rally's Hamburgers,
lim Inc , requesting site plan approval in connection with a proposal
to construct a structural canopy on the restaurant located at
33500 Plymouth Road in Section 28, pursuant to the provisions set
forth in Section 18 58 of Ordinance 543, as amended, the Council
does hereby refer the subject of this petition to the Legislative
Committee for its report and recommendation
28198
A roll call vote was taken on the foregoing resolution with the following
lim result
AYES Ochala, Toy, Feenstra, McGee, and Taylor
NAYS Jurcisin and Kavanagh
The President declared the resolution adopted
On a motion by McGee, seconded by Kavanagh, it was
#278-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 18, 1994, which
transmits its resolution 3-53-94, adopted on March 8, 1994, with
regard to Petition 94-2-2-4, submitted by Chinese Family Buffet,
requesting waiver use approval to operate a full service
restaurant in an existing building located on the south side of
Five Mile Road between Middlebelt Road and Beatrice Avenue in the
Northeast 1/4 of Section 23, which property is zoned C-2, the
Council does hereby reject the recommendation of the City
Planning Commission and Petition 94-2-2-4 is hereby denied for
the following reasons
1) That the petitioner has failed to affirmatively show that
the proposed use is in compliance with all of the general
Lwaiver use standards and requirements as set forth in
Section 19 06 of the Zoning Ordinance #543; and
2) That the proposed use is incompatible to and not in harmony
with the surrounding uses in the area
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 Feenstra, seconded by McGee, and unanimously
adopted, it was
#279-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 27, 1994, which sets
forth its resolution 1-12-94, adopted on January 11, 1994, with
regard to Petition 92-10-1-24, submitted by John Dinan for a
Lchange of zoning on property located on the south side of
Pembroke between Newburgh Road and Victor Parkway in the
Southeast 1/4 of Section 6, from RUFC to OS, and the Council
having conducted a public hearing with regard to this matter on
28199
March 21, 1994, pursuant to Council Resolution 75-94, the
Council does hereby approve Petition 92-10-1-24 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 Feenstra, seconded by Toy, and unanimously
adopted, it was
#280-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 27, 1994, which sets
forth its resolution 1-1-94, adopted on January 11, 1994, with
regard to Petition 93-10-1-15, submitted by the City Planning
Commission pursuant to Council Resolution 688-93, for a change of
zoning on property located on the north side of Seven Mile Road
between Lathers and Angling in the Southeast 1/4 of Section 1,
from OS, P and RUF to RC, and the Council having conducted a
public hearing with regard to this matter on March 21, 1994,
pursuant to Council Resolution 75-94, the Council does hereby
approve Petition 93-10-1-15 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 Toy, seconded by Feenstra, and unanimously
adopted, it was
#281-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 27, 1994, which sets
forth its resolution 1-4-94, adopted on January 11, 1994, with
regard to Petition 93-11-1-18, submitted by Wheeler & Sons
Building Company, for a change of zoning of property located on
the north side of Plymouth Road west of Newburgh Road in the
Southeast 1/4 of Section 30 from RUF to R-1, and the Council
having conducted a public hearing with regard to this matter on
March 21, 1994, pursuant to Council Resolution 75-94, the Council
does hereby approve Petition 93-11-1-18 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
28200
On a motion by Ochala, seconded by McGee, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated January 24, 1994, which sets
forth its resolution 1-9-94, adopted on January 11, 1994 with
regard to Petition 93-12-2-29, submitted by Richard Bame,
requesting waiver use approval to allow outdoor storage of
contractor's materials and equipment on property located on the
west side of Beatrice between Eight Mile Road and Morlock Avenue
in the Northeast 1/4 of Section 2, which property is zoned M-1,
and the Council having conducted a public hearing with regard to
this matter on March 21, 1994, pursuant to Council Resolution
76-94, the Council does hereby concur in the recommendation of
the City Planning Commission and Petition 93-12-2-29 is hereby
denied for the same reasons as those set forth in the action
taken by the Planning Commission
On a motion by Kavanagh, seconded by Feenstra, it was
#282-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 24, 1994, which sets
forth its resolution 1-9-94, adopted on January 11, 1994 with
regard to Petition 93-12-2-29, submitted by Richard Bame,
requesting waiver use approval to allow outdoor storage of
contractor's materials and equipment on property located on the
west side of Beatrice between Eight Mile Road and Morlock Avenue
in the Northeast 1/4 of Section 2, which property is zoned M-1,
and the Council having conducted a public hearing with regard to
this matter on March 21, 1994, pursuant to Council Resolution
76-94, the Council does hereby refer this item to the Streets,
Roads and Plats Committee for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor
NAYS Ochala
The President declared the resolution adopted
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#283-94 RESOLVED, that the Council does hereby request that the
Inspection Department submit a report and recommendation with
regard to the condition of properties located along the south
side of Eight Mile Road with respect to the storage of vehicles
and construction materials
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
28201
#284-94 RESOLVED, that having considered a communication from
the Department of Law, dated March 29, 1994, submitted pursuant
to Council Resolution 70-94, transmitting for Council acceptance
a Warranty Deed dated March 25, 1994, executed by Vernon and
Patricia Monkman, conveying to the City certain property
described as follows
The South 60 feet of the following described parcel
The S E 1/4 of the S E 1/4 of the S E 1/4 of the S E 1/4
of the S W 1/4 of Section 2, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan, except the East 30 feet
thereof (Seven Mile Road Right-of-Way)
and also
That part of the S W 1/4 of Section 2, T 1 S , R. 9 E ,
City of Livonia, Wayne County, Michigan, described as
beginning at the South 1/4 corner of said Section 2 and
proceeding thence due North along the N & S 1/4 line of
Section 2, 60 feet and due West 30 feet to the West line of
Purlingbrook Avenue (60 feet wide) and the Point of
Beginning; proceeding thence due West, 20 feet; thence N 90
27' 44" East, 121 655 feet; thence due South along the West
line of said Purlingbrook Avenue, 120 feet to the Point of
Beginning (Purlingbrook Avenue Right-of-Way)
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Warranty Deed; and the City Clerk
is hereby requested to have the same recorded in the Office of
the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution
On a motion by McGee, seconded by Toy, and unanimously adopted,
it was
#285-94 RESOLVED, that having considered a communication dated
March 28, 1994, from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly
described as
Grant of Easement, dated March 22, 1994, executed by Jean G
Bradley, survivor of herself and her deceased husband,
Maurice C Bradley, Jr , to the City of Livonia, for
Storm Sewer Easement
The South 12 feet of the North 20 feet of the following
described parcel
Imo That part of the S W 1/4 of Section 1, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point on the North and South 1/4 line of said
section distant North 1760 0 feet from the South 1/4 corner
28202
of Section 1 and proceeding thence North along said line
110 0 feet; thence West 330 0 feet; thence South 110 0 feet;
thence East 330 0 feet to the point of beginning, except the
West 30 0 feet thereof
(Part of Tax Parcel No 003-99-0022-000)
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid 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
Several individuals spoke during the audience communication
portion of the meeting They are as follows
1) Jerry Sisco, 20490 Louise, Livonia, questioned the direction of Item 50
of the Agenda (the waiver petition by Richard Bame) ;
2) Mary Fife, 19321 Lathers, Livonia, questioned the building plans of the
proposed condos on the Lathers property;
3) Ms Sloan, 19314 Lathers, Livonia, expressed a concern over the
landscaping for the proposed condos on Lathers; and
4) John Finch, 19304 Lathers, Livonia, raised some questions re the
Lathers condos (site plan, flood plain by the school, standing water)
Councilmember Feenstra offered congratulations to Wayne County
Commission Thaddeus McCotter and his wife Rita on their third wedding
anniversary
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, this 1,270th Regular Meeting of the Council of the City of Livonia
was adjourned at 9 37 p m , April 13, 1994
41, 1 ))1,&dtifr .,_
..n McCotter, City Clerk