HomeMy WebLinkAboutCOUNCIL MINUTES 1994-02-09 28078
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SIXTY-SIXTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On February 9, 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 05 p m Councilmember Jurcisin delivered the
invocation
Roll was called with the following result * Dale A Jurcisin,
Fernon P Feenstra, Sean P Kavanagh, Ron Ochala, Laura M Toy, and Gerald
Taylor Absent None (*Michael P McGee entered at 8 13 p m )
Elected and appointed officials present Raul Galindo, City
Engineer; H Shane, Assistant City Planner; Harry Tatigian, City Attorney;
Joan McCotter, City Clerk; Gail Karczynski, Director of Administrative
Services; Karen A Szymula, Director of Legislative Affairs; James Andres,
trt Chief Accountant; John Fegan, Director of Inspection; David Woodcox, Sr
Building Inspector; Robert J Beckley, Director of Public Works; Raymond
Pomerville, Director of Labor Relations; Robert Alanskas, Planning
Commission; and Dorothy Wilshaw, Arts Commission
On a motion by Kavanagh, seconded by Jurcisin, and unanimously*
adopted, it was
#63-94 RESOLVED, that the minutes of the 1, 265th Regular
Meeting of the Council of the City of Livonia, held January 26,
1994, are hereby approved as submitted
*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
No one in the audience wished to speak during the audience
communication portion at the beginning of the meeting
On a motion by Feenstra, seconded by Kavanagh, it was
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#64-94 RESOLVED, that having considered a letter from the
Chairperson of the Kennedy Elementary School PTA, dated January
lbw 5, 1994, requesting permission to post signs in connection with
its craft show to be conducted on March 19, 1994, which signs are
approximately 12" x 16" in size, will be posted on metal wires
and will be located at the following intersections
Five Mile Road 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
Farmington Road and Schoolcraft Road
as well as in front of the school at 14201 Hubbard, the Council
does hereby grant and approve this request for a one-week period
beginning March 12, 1994
#65-94 RESOLVED, that having considered Petition 94-1-3-1,
submitted by Beverly Spranger, 1625 Ludean, Highland, Michigan
48356, dated January 25, 1994, wherein a request is submitted for
the vacating of a portion of an easement located at 11061 W
Clement Circle (Lot 104 Thomas Elliot Subdivision) , the Council
does hereby refer this item to the City Planning Commission for
action and recommendation in accordance with provisions of law
and City charter
A communication from the Inspection Department, dated January
17, 1994, re the source of smoke from property located at 29040 Joy Road
(Wrightman Trailer) was received and placed on file for the information of
the Council (CR 15-94)
#66-94 RESOLVED, that having considered a communication from
the Cable Television Commission, dated January 19, 1994, approved
by the Director of Community Resources and approved for
submission by the Mayor, and which transmits its resolution
215-94, wherein it is recommended that the allocation of public
access channels be approved as follows (subject to review in one
year)
CHANNEL DESIGNATION
3 Community Bulletin Board
8 City Channel
10 M-ITV Educational Programming - State
12 Community Programming
liw 13 Catholic Television Network (CTN) and
Eternal Word Television Network (EWTN)
15 Educational Programming - Livonia K-12
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16 Educational Programming - Livonia College
Network - Shared by Madonna University
lbw and Schoolcraft College
19 Loaned to MetroVision for WADL - Mt Clemens
20 College Cable
23 Educational Programming - Clarenceville K-12
24 Loaned to MetroVision for WBSX - Ann Arbor
25 Blank for future allocation
the Council does hereby concur in and approve of the aforesaid
action
#67-94 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated January 5, 1994, approved for submission by the Finance
Department and the Mayor, the Council does hereby accept the bid
of Robertson Brothers Service, Inc , 3190 Haggerty Road, West
Bloomfield, MI 48323, as follows
Opening Closing
Opening and Closing of
Botsford Swimming Pool $1, 100 00 $450 00
Opening and Closing of
Clements Circle
Swimming Pool $1, 100 00 $450 00
the same having been in fact the lowest and only bid received and
meets all specifications
#68-94 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated January 5, 1994, approved for submission by the Finance
Department and the Mayor, the Council does hereby accept the unit
price bid of Northwest Pools, Inc , 7045 Angola Road, Holland,
Ohio 43528, for supplying chlorine for the City pools for the
1994 season, for a per gallon price of $ 75, and for a total
estimated price of $5, 250 00, the same having been in fact the
lowest bid received and meets all specifications
#69-94 RESOLVED, by the City Council of the City of Livonia,
that the annual Spree Fireworks Display be, and hereby is
approved for Sunday, June 26, 1994, beginning at 10 00 p m and
that the Wayne County Road Commission is hereby requested to
close Farmington Road from Five Mile Road to Schoolcraft Road
between the hours of 8 00 p m and 11 30 p m or until the road
is returned to normal traffic operation, that the City of Livonia
will assume liability for any damage claims which may arise as a
result of the road closure, and that Lieutenant Joseph Derscha is
hereby designated and authorized to sign the road closure permit
on behalf of the City of Livonia
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#70-94 RESOLVED, that having considered a communication from
the Department of Law, dated January 19, 1994, approved by the
City Engineer and the Finance Department and approved for
submission by the Mayor, the Council does hereby authorize the
Department of Law to acquire a 27 foot strip of property, 135
feet in length, and a triangular parcel on Purlingbrook, located
at 19121 Purlingbrook, owned by Vernon Monkman and Patricia
Monkman, which land is more particularly 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 and 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
9°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)
subject to the following conditions
(1) that the purchase price shall be in the sum of $3,495 00;
(2) that the City of Livonia shall pay for the cost of title
work and any application costs in obtaining a discharge of
mortgage on the property in a sum not to exceed $300 00;
(3) that the City's portion of the prorated City, County, County
Drain, School and Community College taxes shall be in a sum
not to exceed $150; and
(4) that the City assume the cost of the required 675 square
feet of sidewalk (estimated to be $1, 350 00) ;
BE IT FURTHER RESOLVED, that a sum not to exceed $5,295 00 is
hereby authorized to be expended from the $12 Million Obligation
Road Improvement Bond Issue approved by the electorate in 1989
for the acquisition of said Seven Mile Road right-of-way; and the
City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
#71-94 RESOLVED, that having considered a communication from
thw the City Engineer (in his capacity as Street Administrator) ,
dated January 7, 1994, which is approved for submission by the
Mayor, and submitted pursuant to Section 13 (6) a of Act 51, of the
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Public Acts of Michigan of 1951, as amended with regard to the
transfer of funds for the fiscal year 1993-94 from the Major
Street System Account to the Local Street System Account, the
Council does hereby authorize the transfer of a sum up to, but
not to exceed, 25% of the amount designated for the Major Street
System to be used on the Local Street System, and the City Clerk
and Finance Department are hereby authorized to do all things
necessary or incidental to fulfill the purpose of this
resolution
#72-94 RESOLVED, that having considered a communication from
the City Engineer (in his capacity as Street Administrator) ,
dated January 7, 1994, which bears the signature of the Finance
Department, approved for submission by the Mayor and submitted
pursuant to Section 13 (6) (b) of Act 51 of the Public Acts of
Michigan of 1951, as amended with regards to the transfer of
funds for the fiscal years of 1993-94 from the Major Street
System Account to the Local Street System Account, the Council
does hereby authorize the transfer of a sum up to, but not to
exceed, $600, 000 from those funds designated for use on the Major
Street System to be used on the Local Street System, and the City
Clerk and Finance Department are hereby authorized to do all
things necessary or incidental to fulfill the purpose of this
resolution
#73-94 RESOLVED, that having considered a communication from
lOW the City Engineer, dated January 17, 1994, approved for
submission by the Mayor, to which is attached lists of sidewalks
requiring installation, repair and/or replacement within
miscellaneous locations throughout the City of Livonia, said
lists being included herein by reference, and for the reasons
stated, the Council does hereby require the respective owners of
lots and premises referred to in said lists to install, repair,
or to remove and replace sidewalk at such premises, to carry out
the provisions of this resolution which is made pursuant to Title
12, Section 340 of the Livonia Code of Ordinances, as amended,
FURTHER, said notice shall set forth that the respective owners
of lots and premises herein referred to shall complete said
sidewalk work no later than June 1, 1994, after which date the
Engineering Department shall arrange for the construction and/or
reconstruction of the said sidewalks, FURTHER, the Council does
hereby authorize the construction, and/or reconstruction of
various sections of sidewalks and crosswalks at several locations
within the City, inasmuch as the same are the City' s
responsibility; and FURTHER, the Engineering Department is hereby
authorized to finalize plans and specifications and arrange for
the taking of bids for the 1994 Sidewalk Program, which program
will include all required work which has not been completed by
private property owners by June 1, 1994
#74-94 RESOLVED, that having considered the report and
trar recommendation of the Council President, dated January 25, 1994,
the Council does hereby authorize the purchase of a Hewlett
Packard LaserJet IV printer for use in the City Council Office
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from Diskomp, 34705 W Twelve Mile Road, Suite 327, Farmington
Hills, Michigan, for a total sum in the amount of $1,425 00, the
same to be appropriated and expended from Account No
ILK 101-101-981-000 for this purpose
#75-94 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, March 21, 1994, at 8 00
p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items
(1) Petition 92-10-1-24, submitted by John Dinan, for a change
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, the City Planning
Commission in its resolution 1-12-94 having recommended to
the City Council that Petition 92-10-1-24, as amended, be
approved;
(2) 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, the City
Planning Commission in its resolution 1-1-94 having
recommended to the City Council that Petition 93-10-1-15 be
approved; and
(3) Petition 93-11-1-18, submitted by Wheeler & Sons Building
Co , for a change of zoning on 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, the City
Planning Commission in its resolution 1-4-94 having
recommended to the City Council that Petition 93-11-1-18 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
all other things necessary or incidental to the full performance
of this resolution
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#76-94 RESOLVED, that having considered a communication dated
January 24, 1994 from Richard Bame, 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
January 11, 1994 by the City Planning Commission in its
resolution 1-9-94 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, the Council does hereby designate Monday, March 21,
1994, 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 resolutions with the following
result
AYES Jurcisin, Feenstra, Kavanagh, Ochala, Toy, and Taylor
NAYS None
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#77-94 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated January 24,
1994, and submitted pursuant to Council Resolution 701-93 in
connection with a letter from Florence McCann, 35211 Leon,
Livonia, Michigan 48150, dated August 16, 1993, which sets forth
a complaint concerning her neighbor and the installation of a
privacy fence, the Council does hereby determine to take no
further action
McGee entered the meeting at 8 13 p m
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#78-94 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated January 24,
1994, and submitted pursuant to Council Resolution 674-93 in
connection with a complaint submitted by Mr Alex Wassell, 29778
Richland, Livonia, Michigan, at the Study Session conducted on
28085
August 9, 1993, with respect to the new fence ordinance,
Ordinance 2176, and its provisions concerning privacy fences, the
Council does hereby determine to take no further action
On a motion by Feenstra, seconded by Jurcisin, it was
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated January 24,
1994, and submitted pursuant to Council Resolution 926-92 in
connection with the question of whether a Charter amendment
should be prepared which limits the terms of office for all
elected City officials as well as the terms of office of the
Judges of the 16th District Court, the Council does hereby
determine to take no further action
On a motion by Kavanagh, seconded by Toy, it was
RESOLVED, that in lieu of the foregoing resolution, the
Council does hereby determine to substitute a resolution for a
Charter amendment proposal for term limitations provided that the
question be presented at the Wayne County General Election to be
conducted on November 8, 1994
A roll call vote was taken on the motion to substitute as follows
AYES Kavanagh and Toy
NAYS Jurcisin, Feenstra, McGee, Ochala, and Taylor
The President declared the motion to substitute denied
A roll call vote was taken on the originally proposed resolution, as
follows
#79-94 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated January 24,
1994, and submitted pursuant to Council Resolution 926-92 in
connection with the question of whether a Charter amendment
should be prepared which limits the terms of office for all
elected City officials as well as the terms of office of the
Judges of the 16th District Court, the Council does hereby
determine to take no further action
with the following result
AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, and Taylor
NAYS Toy
The President declared the resolution adopted
28086
A communication from the District Judges, dated January 19, 1994,
ILI as well as a communication from the Department of Law, dated January 13,
1994, re term limitations for elected officials (excluding judges) was
received and placed on file for the information of the Council (CR
925-92)
On a motion by Feenstra, seconded by Jurcisin, it was
#80-94 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated January 24,
1994, with respect to Council Resolution 925-92, which submits
proposed Charter amendments which would limit the terms of office
of elected officials (excluding judges) , the Council does hereby
determine to take no further action
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, Feenstra, McGee, Ochala, and Taylor
NAYS Kavanagh and Toy
The President declared the resolution adopted
Ochala gave first reading to the following Ordinance
AN ORDINANCE AMENDING CHAPTER 04 (BUILDING CODES)
OF TITLE 15 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 CHAPTER 32 (PROPERTY MAINTENANCE
CODES) OF TITLE 15 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
28087
Ochala gave first reading to the following Ordinance
the AN ORDINANCE AMENDING SUBSECTION 7 OF SECTION 050
OF TITLE 2, CHAPTER 96 (RETIREMENT PLAN) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
Kavanagh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 100 OF TITLE 10,
CHAPTER 90 (PEDESTRIANS) 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
Toy took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SUBSECTION A OF SECTION 230
OF TITLE 5, CHAPTER 84 (TAXICABS) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, Toy, 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
28088
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 93-10-3-4)
ILIA roll call vote was taken on the foregoing Ordinance with the following
result
AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, Toy, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE ADDING SECTION 081 TO CHAPTER 06 OF
TITLE 10 (VEHICLES AND TRAFFIC) , AMENDING SECTIONS 400 AND
485 OF CHAPTER 06, SECTION 060 OF CHAPTER 18, ADDING
SUBSECTIONS Q AND R TO SECTION 010 OF CHAPTER 36, AMENDING
SECTIONS 020, 040 AND 060 OF CHAPTER 36, ADDING SECTIONS 065
AND 066 TO CHAPTER 36, AMENDING SECTION 050 OF CHAPTER 42,
AMENDING SECTIONS 060, 070, 080, 090, 100, 110, 140, 150,
160, 210, 220, 230 AND 240 OF CHAPTER 54, ADDING CHAPTER 55,
AMENDING SECTION 010 OF CHAPTER 66, ADDING SECTIONS 035,
036, 037, 038 AND 039 TO CHAPTER 66, AMENDING SECTION 040 OF
CHAPTER 66, AND ADDING SECTION 135 TO CHAPTER 66, TITLE 10
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, Toy, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Jurcisin took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 050 OF TITLE 9,
1 CHAPTER 32 (ALCOHOLIC BEVERAGES) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
28089
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, Toy, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Jurcisin, seconded by Toy, it was
#81-94 RESOLVED, that having considered a communication from
the Personnel Director and the Director of Labor Relations, dated
February 1, 1994, approved by the Department of Finance and
approved for submission by the Mayor, and which sets forth a
resolution adopted by the Civil Service Commission on January 31,
1994, wherein it is recommended that the attached proposed
agreement between the City of Livonia and the Livonia Supervisory
and Technical Chapter of Local 1917, and its affiliated Council
25, American Federation of State, County & Municipal Employees,
AFL-CIO, be approved for the period December 1, 1992 through
November 30, 1995, and the necessary amendments to the
/A* Compensation Plan, the Insurance and Disability Plans and the
Retirement Ordinance be adopted so as to effectuate the
provisions set forth in the aforesaid Agreement, the Council does
hereby approve of and concur in the aforesaid action of the Civil
Service Commission; and the Mayor and City Clerk are hereby
requested to affix their signatures to the said contract, for and
on behalf of the City of Livonia, and to do all other things
necessary or incidental to the full performance of this
resolution
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, McGee, Kavanagh, Ochala, Toy, and Taylor
NAYS Feenstra
The President declared the resolution adopted
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
#82-94 RESOLVED, that having considered communications from
Woodhaven of Livonia, 29667 Wentworth, Livonia, Michigan 48154-
3256, dated January 11, 1994 and January 31, 1994, wherein a
request is submitted for the acquisition of 2 7 acres of
28090
City-owned park land located west of Middlebelt Road and north of
Five Mile Road, in exchange for an equivalent amount of land
located to the southwest of same, the Council does hereby request
that the Parks and Recreation Commission and the Department of
Law submit their respective reports and recommendations
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
#83-94 RESOLVED, that having considered communications from
Woodhaven of Livonia, 29667 Wentworth, Livonia, Michigan 48154-
3256, dated January 11, 1994 and January 31, 1994, wherein a
request is submitted for the acquisition of 2 7 acres of
City-owned park land located west of Middlebelt Road and north of
Five Mile Road, in exchange for an equivalent amount of land
located to the southwest of same, 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 the
aforesaid park land proposed to be acquired by Woodhaven of
Livonia should be rezoned from PL to OS
Feenstra left the podium at 8 45 p m in order to avoid a perceived
impropriety regarding the next Agenda item
On a motion by Ochala, seconded by Toy, it was
RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated October 18, 1993,
and the report and recommendation of the Chief of Police, dated
January 12, 1994, the Council does hereby approve of the request
from the Board of Trustees of Schoolcraft College for a new Class
C Conference Center License with Dance-Entertainment Permit,
Outdoor Service Permit and Official Permit (Food) , to be located
at 18600 Haggerty Road, Livonia, Michigan 48152, Wayne County;
and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control
Commission
On a motion by Kavanagh, seconded by Jurcisin, it was
#84-94 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated October 18, 1993,
and the report and recommendation of the Chief of Police, dated
January 12, 1994, with regard to a request from the Board of
Trustees of Schoolcraft College for a new Class C Conference
Center License with Dance-Entertainment Permit, Outdoor Service
Permit and Official Permit (Food) , to be located at 18600
Haggerty Road, Livonia, Michigan 48152, Wayne County, the Council
does hereby refer this item to the Committee of the Whole for its
report and recommendation
28091
A roll vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, McGee, Kavanagh, Ochala, Toy, and Taylor
NAYS None
The President declared the resolution adopted
Feenstra returned to the podium at 8 50 p m
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
#85-94 RESOLVED, that having considered a report and
recommendation from the Department of Law, dated January 6, 1994,
approved by the Chief of Police, the City Engineer, Director of
Public Works and the Finance Department, and approved for
submission by the Mayor, the Council does hereby accept the offer
of Hart & Leidal Investment Company to purchase City-owned
property at 32255 Industrial Road, described as
That part of the N 1/2 of Section 27, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point distant S 0°06'20" West, along the N
and S 1/4 line 1, 329 53 feet and S 89°22' 10" East, 43 01
feet from the N 1/4 corner of said Section 27; proceeding
thence S 89°22' 10" East, 300 0 feet; thence S 0°06' 20"
West, 65 0 feet; thence N 89°22' 10" West, 300 0 feet;
thence N 0°06' 20" East, 65 0 feet to the point of
beginning (Part of parcels 106-99-0001-000 and
105-99-0043-004) Approximately 0 45 acres
for the sum of $20, 000 00 conditioned upon the purchaser
providing any title work as may be required and the conveyance
herein submitted is made subject to compliance by the grantee
with the following additional conditions
1 The grantee relocate the existing fence to the new property
line;
2 The grantee continue to permit surface drainage across the
property either by an enclosure or an open ditch; and
3 That grantee maintain the back slope of the existing police
pistol range or replace the slope with a retaining wall at
the property line equally serving the purpose;
the action herein is being taken in order to serve the interests
of the community; and the Mayor and City Clerk are hereby
authorized for and on behalf of the City of Livonia to execute a
quit claim deed containing the aforesaid conditions and such
28092
other documents as may be necessary or incidental to fulfill the
purpose of this resolution; and the Department of Law is hereby
requested to prepare and place in proper form such legal
ILI documents as may be necessary to consummate this transaction
On a motion by Toy, seconded by Jurcisin, it was
#86-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 27, 1994, which sets
forth its resolution 1-15-94, adopted on January 11, 1994, with
regard to a permit application submitted by Polaris
Communications & Engineering, Inc to install a satellite dish
antenna on a building located at 28915 Seven Mile Road in Section
12, pursuant to Section 18 42 of Ordinance 543, as amended, the
Council does hereby concur in the recommendation of the City
Planning Commission and the said permit application is hereby
approved and granted subject to the following condition
That the Satellite Dish Application by Polaris
Communications & Engineering, Inc , received by the Livonia
Planning Commission on 12/1/93, is hereby approved and shall
be adhered to
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, McGee, Kavanagh, Ochala, Toy, and Taylor
NAYS Feenstra
The President declared the resolution adopted
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was
#87-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 24, 1994, which
transmits its resolution 1-8-94, adopted on January 11, 1994,
with regard to Petition 93-12-2-28, submitted by T Rogvoy
Associates, Inc , requesting waiver use approval to construct a
full service restaurant with a drive-up window on the west side
of Middlebelt Road between Seven Mile Road and Clarita in the
Northeast 1/4 of Section 11, which property is zoned C-2, the
Council does hereby concur in the recommendation of the City
Planning Commission and Petition 93-12-2-28 is hereby approved
and granted, subject to the following conditions
1) That variances be granted by the Zoning Board of Appeals for
a deficient front yard and for deficient off-street parking;
ihm 2) That the Site Plan marked Sheet 1 dated 11-18-93, prepared
by T Rogvoy Associates, Inc Architects, which is hereby
approved shall be adhered to;
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3) That the Building Elevations marked Sheet 6 dated 11-18-93,
prepared by T Rogvoy Associates, Inc Architects (not
including any signage) , which is hereby approved shall be
adhered to;
4) That the Landscape Plan marked Sheet L-1 dated 11-18-93,
prepared by Ralph L Nunez, Landscape Architect, is hereby
approved, and the landscape materials shall be installed
prior to the issuance of a Certificate of Occupancy and
shall thereafter be permanently maintained in a healthy
condition; and
5) That face brick compatible in color shall be used in lieu of
masonry blocks as shown on the Building Elevation Plans
approved herein
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#88-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 21,
1994, approved by the Department of Finance, and approved for
submission by the Mayor, the Council does hereby authorize the
payment of the sum of $18,455 00 to Doetsch Industrial Services,
Inc , 21221 Mullin Street, Warren, Michigan 48089, for leaf
collection services performed on October 23 and 24, 1993, the
same to be appropriated and expended from Account No 205-527-
886-015 for this purpose; FURTHER, the Council does hereby
authorize the action herein without competitive bidding in
accordance with Section 3 04 140D1 of the Livonia Code of
Ordinances, as amended
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was
#89-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 25,
1994, approved by the Department of Finance and approved for
submission by the Mayor, and having also considered the report
and recommendation of the Department of Finance, dated January
30, 1994, approved for submission by the Mayor, the Council does
hereby authorize and accept the proposal of GZA GeoEnvironmental,
Inc , 38019 Schoolcraft Road, Livonia, Michigan 48150, to provide
environmental consulting services to complete the Leaking
Underground Storage Tank (LUST) compliance assistance for a sum
in an amount not to exceed $22, 700 00; FURTHER, the Council does
hereby determine as follows
1) To authorize the transfer of budgeted funds in the amount of
$15, 000 00 from Account 101-446-751-000 to a new Account
101-907-818-035, Non-Departmental Contractual Services,
Hazardous Waste, where the costs associated with this
project will be recorded,
28094
2) To authorize the transfer from Fund 375, Sewer Separation
Bond Debt Reduction Fund to the General Fund and appropriate
in Account 101-907-818-035 the amount of $10, 000 00; and
3) To authorize the advance of surplus funds from Fund 375,
Sewer Separation Bond Debt Reduction Fund to Account
101-907-818-035 to the extent needed for cleanup of the
storage tank site pending reimbursement from the State of
Michigan under MUSTFA;
FURTHER, 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
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
#90-94 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated November 23, 1993 on all matters
required by Section 3 08 060 of the Livonia Code of Ordinances,
as amended, and a first public hearing having been held thereon
on January 24, 1994, after due notice as required by Section
3 08 070 of said Code, and after careful consideration having
been given to all such matters, the Council does hereby, pursuant
to Section 3 08 080 of said Code
(1) accept and approve said statement in all respects;
(2) determine to make the road improvement consisting of the
placement of approximately 4" of asphalt over the
existing roadway, approximately 20' to 22' wide (Alternate
IV) on Grove, west of Merriman in the Northeast 1/4 of
Section 15, T 1S , R 9E , City of Livonia, Wayne County,
Michigan, as described in said statement; and to defray the
cost of such improvement by special assessment upon the
property especially benefited in proportion to the benefits
derived or to be derived;
(3) approve the plans and specifications for said improvement as
set forth in said statement dated November 23, 1993;
(4) determine that the estimated cost of such improvement is
$36, 594 76;
(5) determine that the cost of said improvement shall be paid
for in part by special assessments on the property benefited
thereby and in part by the City at large, in proportions
thereafter established;
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall be 15% of
paving ($4, 022 96) and 100% of drainage ($9, 775 00) and that
the balance of said cost and expense of said public
28095
improvement amounting to 850 of paving ($22, 796 80) shall be
borne and paid by special assessments on all lands and
premises in the special assessment district as herein
established in proportion to the benefits to be derived
therefrom;
(7) determine that assessments made for such improvement may be
paid in ten (10) annual installments together with interest
thereon on the unpaid balance;
(8) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
A Special Assessment District in the N E 1/4 of
Section 15, T 15 , R 9E , City of Livonia, Wayne
County, Michigan, described as containing the property
listed on the attached Special Assessment Roll and
shown on the attached Special Assessment District Map
(9) that the City Assessor is hereby directed to prepare a
special assessment roll including all lots and parcels of
land within the above district designated bn, the Council and
to assess to each such lot or parcel of land such relative
portions of the whole sum to be levied against all lands in
the special assessment district as the special benefits to
such lots or parcels of land bear to the total benefit of
all land and also to enter upon such roll the amount which
has been assessed to the City at large, all in accordance
with the determination of the City Council; and
(10) that upon the completion of said roll the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3 08 100 of the Livonia Code of
Ordinances, as amended, of the City of Livonia and file the
same with the City Clerk who thereupon is directed to
present the same to the City Council prior to the holding of
the second public hearing thereon as required by Section
3 08 110 of the said Code
On a motion by Toy, seconded by Feenstra, and unanimously
adopted, it was
#91-94 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated November 24, 1993 on all matters
required by Section 3 08 060 of the Livonia Code of Ordinances, as
amended, and a first public hearing having been held thereon on
January 24, 1994, after due notice as required by Section
3 08 070 of said Code, and after careful consideration having
been given to all such matters, the Council does hereby, pursuant
to Section 3 08 080 of said Code
(1) accept and approve said statement in all respects;
28096
(2) determine to make the road improvement consisting of a 31'
wide concrete pavement with curbs and gutters (Alternate I)
on Roycroft, east of Middlebelt, in the Southwest 1/4 of
Section 13, T 1S , R 9E , City of Livonia, Wayne County,
Michigan, as described in said statement; and to defray the
cost of such improvement by special assessment upon the
property especially benefited in proportion to the benefits
derived or to be derived;
(3) approve the plans and specifications for said improvement as
set forth in said statement dated November 24, 1993;
(4) determine that the estimated cost of such improvement is
$230, 194 47;
(5) determine that the cost of said improvement shall be paid
for in part by special assessments on the property benefited
thereby and in part by the City at large, in proportions
thereafter established;
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall be 15% of
paving ($25, 041 67) and 100% of drainage ($63,250 00) and
that the balance of said cost and expense of said public
improvement amounting to 85% of paving ($141, 902 80) shall
be borne and paid by special assessments on all lands and
iim premises in the special assessment district as herein
established in proportion to the benefits to be derived
therefrom;
(7) determine that assessments made for such improvement may be
paid in fifteen (15) annual installments together with
interest thereon on the unpaid balance;
(8) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
A Special Assessment District in the S W 1/4 of
Section 13, T 1 S , R 9 E , City of Livonia, Wayne
County, Michigan, described as containing the property
listed on the attached Special Assessment Roll and
shown on the attached Special Assessment District Map
(9) that the City Assessor is hereby directed to prepare a
special assessment roll including all lots and parcels of
land within the above district designated by the Council and
to assess to each such lot or parcel of land such relative
portions of the whole sum to be levied against all lands in
the special assessment district as the special benefits to
such lots or parcels of land bear to the total benefit of
all land and also to enter upon such roll the amount which
has been assessed to the City at large, all in accordance
with the determination of the City Council; and
28097
(10) that upon the completion of said roll the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3 08 100 of the Livonia Code of
Ordinances, as amended, of the City of Livonia and file the
same with the City Clerk who thereupon is directed to
present the same to the City Council prior to the holding of
the second public hearing thereon as required by Section
3 08 110 of the said Code
On a motion by Ochala, seconded by Jurcisin, and unanimously
adopted, it was
92-94 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of several items that do not appear on
the agenda
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was
#93-94 RESOLVED, that the Council does hereby amend and revise
Council Resolution 991-93, as amended by Council Resolution
58-94, so as to include as an interested party Joseph Terrio,
3840 West Maple, Bloomfield Township, Michigan 48301, with
respect to Parcel 6 (31391 Industrial) ; and the balance of
Council Resolution 991-93, as amended by Council Resolution
58-94, shall remain in full force and effect
No one in the audience wished to speak during the audience
communication portion at the end of the meeting
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, this 1, 266th Regular Meeting of the Council of the City of Livonia
was adjourned at 9 15 p m , February 9, 1994
J 2
z McCotter, City Clerk