HomeMy WebLinkAboutCOUNCIL MINUTES 1997-04-30 30152
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FORTY-THIRD
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On April 30, 1997, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of the
Council at 8 00 p m Councilmember Duggan delivered the invocation.
Roll was called with the following result: Brian Duggan, Fernon P
Feenstra, Maureen Miller Brosnan, Val Vandersloot, Michael P McGee, Gerald Taylor,
and Joe Laura. Absent: None
Elected and appointed officials present: Jack E. Kirksey, Mayor; John
Nagy, City Planner; Robert J Beckley, Director of Public Works, Sean P Kavanagh,
City Attorney; Joan McCotter, City Clerk, Karen A. Szymula, Director of Legislative
Affairs; Michael T Slater, Director of Finance, Ronald Reinke, Superintendent of Parks
and Recreation, and David Woodcox, Senior Building Inspector
On a motion by McGee, seconded by Brosnan, and unanimously*
adopted, it was:
#314-97 RESOLVED, that the minutes of the 1,342nd Regular
Meeting of the Council of the City of Livonia, held April 16, 1997, are
hereby approved as submitted
*Council President Laura abstained from voting, which is recorded as a "yes" vote
under the provisions of Section 2 04 190B of the Livonia Code of Ordinances
On a motion unanimously introduced, seconded and adopted, it was.
#315-97 WHEREAS, the Kids Count in Michigan Report conducted
by the Michigan League for Human Services and Michigan State
University verifies that an increasing and substantial number of children in
Wayne, Oakland and Macomb counties are at risk as a result of poverty
and hunger; and
elm
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WHEREAS, poverty adversely affects birth weight, child deaths, abuse
and neglect, education and the general health of children, and those of us
who do not know hunger have a responsibility to feed the hungry; and
WHEREAS, the National Association of Letter Carriers (NALC) is
sponsoring the fifth annual National Food Drive Day on Saturday, May 10,
1997, with the NALC Branch One in the City of Livonia participating, and
WHEREAS, the cost of inaction is too high, particularly in the face of
many negative outcomes for children which are preventable,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City
Council of the City of Livonia fully endorse and support the National
Association of Letter Carriers Food Drive, and publicly advocate that the
residents of Livonia, Michigan leave non-perishable food at their
mailboxes on Saturday, May 10, 1997, and that the City of Livonia
proclaims Saturday, May 10, 1997, as National Association of Letter
Carriers Food Drive Day
On a motion unanimously introduced, seconded and adopted, it was
#316-97 WHEREAS, on March 2, 1997, the Livonia Stevenson High
School Porn Pon team traveled to Saginaw Valley College to compete in
the Mid American Porn Pon Statewide Championship, and
WHEREAS, the Livonia Stevenson High School Porn Pon team did
compete against ten other Porn Pon teams, and
WHEREAS, this talented group comprised of Missy Stefani, Jaime
Goecke, Sabrina DeSanto, Autumn Pettibone, Jean Sullivan, Fawn
Jueckstock, Maureen DuMont, Nicole Sockolosky, Allison Block, Sarah
Braun, Stacy Lamb, Suzy Cole, Erika Johnson, Laura DiPonio, Steffanie
Dalian, Amy Markowski, Katie Serge, Kendra Ryan, Beth Guenzel and
Jodie Perrin did as a result of their ability, skill, teamwork and
enthusiasm, many hours of practice, and the support of parents, friends
and other students became the Division II - Mid American State
Champions
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia deems it fitting at this time to commend the members of the
Livonia Stevenson High School team and coaches Kittie Faulk and Laurie
Rolen on their victorious achievement as STATE CHAMPIONS _
DIVISION II
During audience communication, John Pastor, 31140 Lyndon, spoke
regarding the Children's Miracle Network. He stated that his son, Ryan, had a brain
tumor two (2) years ago and had thus far made a 90% recovery Last year Ryan was
honored to represent the Children's Miracle Network on Channel 50, and this year he is
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representing the State of Michigan in Orlando, Florida. Mr Pastor stated that during
the month of May, Burger King on Seven Mile and Middlebelt is making donations on
behalf of his son with respect to particular items purchased from them. Anyone
interested in helping this cause could do so through their Burger King purchases, or by
contacting the Children's Miracle Network at (810) 433-1300
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#317-97 RESOLVED, that the Council does hereby refer the matter
of Senate Bill 211 to the Department of Law for its report and
recommendation.
Councilmember Taylor addressed a cellular tower being erected on
Plymouth Road He stated that this particular tower does comply with the present City
ordinance, but that this ordinance is in the process of being revised to better protect the
citizens and the City
Additionally, Councilmember Duggan wished his son, Brian, a "Happy
Birthday " Brian will be six (6) years old tomorrow
it was On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
#318-97 RESOLVED, that the Council does hereby refer to the
Engineering Division for its report and recommendation the matter of the
installation of sidewalk on single lot assessments for six (6) lots on the
west side of Wayne Road between Ann Arbor Trail and West Chicago, to
be included in the 1997 Sidewalk Installation Program.
On a motion by Taylor, seconded by Duggan, it was
#319-97 RESOLVED, that having considered an application from
Kathleen A. Fitzgerald, 9917 Cranston, dated April 2, 1997, requesting
permission to close Cranston between Orangelawn and Elmira on
Monday, May 26, 1997, from 2 00 p m to 8 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval of
the Police Department.
#320-97 RESOLVED, that having considered Petition 97-4-3-3
submitted by Joseph and Mary Kroll, dated April 4, 1997, wherein a
request is submitted for the vacating of a certain portion of an easement
located on Lot 569 of Country Homes Subdivision No 3 (commonly
known as 36036 West Chicago), the Council does hereby refer this item
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to the City Planning Commission for action and recommendation in
accordance with provisions of law and City ordinance
#321-97 RESOLVED, that havirqg considered the report and
recommendation of the Director of Finance, dated April 11, 1997,
approved for submission by the Mayor, regarding the selection of an
investment administrator for a defined contribution (401-A) retirement plan
in connection with tentative contract agreements with Local 192 and Local
1917, and a subsequent communication from the Director of Finance,
dated April 18, 1997, approved for submission by the Mayor, to which is
attached an endorsement by the Michigan Municipal League of ICMA
Retirement Corporation, the Council does hereby refer this matter to the
Finance, Insurance and Budget Committee for its report and
recommendation.
#322-97 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
April 9, 1997, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept
the bid of Play Environments, Inc., 563 College Avenue, Holland,
Michigan 49423, for supplying the Department of Parks and Recreation
with playground equipment for Country Homes, Wilson Acres and
Greenwood Parks, in the total amount of$115,007 00, the same having
been in fact the lowest bid received and meets all specifications
A communication from the Department of Law, dated April 2, 1997, re
administrative response to CR 1144-96 - the jurisdiction of the Zoning Board of
Appeals, appropriate standard for granting use variances -was received and placed on
file for the information of the Council
#323-97 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 2, 1997, approved
for submission by the Mayor, submitted pursuant to Council Resolution
1144-96, regarding the jurisdiction of the Zoning Board of Appeals and
the appropriate standard for granting use variances, the Council does
hereby refer this matter to the Zoning Board of Appeals for incorporation
into its rules and procedures
#324-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works - Engineering Division,
dated March 26, 1997, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of G V Cement Contracting Company,
2000 Dix-Toledo Road, Brownstown, Michigan 48183, for completing all
work in connection with the 1997 Concrete Pavement and Catch Basin
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Repair Program (Contract 97-N), including repair of pavements damaged
due to water main breaks at various locations throughout the City, for the
estimated total cost of$850,325 00, based upon the Engineering
Division'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
authorize the expenditure of a sum not to exceed $50,325 00 from
Account No 203-463-818-100 (Water Main Restoration), $350,000 00
from the Michigan Transportation Fund (Major Road Account) and
$450,000 00 from the Michigan Transportation Fund (Local Road
Account) for this purpose, and the Director of Public Works - Engineering
Division 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.
#325-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works - Engineering Division,
dated April 2, 1997, which bears the signature of the Director of Finance,
is approved by the Superintendent of Parks and Recreation and approved
for submission by the Mayor, the Council does hereby accept the unit
price bid of Countyline Contractors, Inc., 7615 Spencer Road, South
Lyon, Michigan 48178-9624, for completing all work required in
connection with the Mies Park Storm Sewer Extensions (Contract 97-Q)
for the estimated total cost of$49,700 00 based upon the Engineering
Division'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
authorize the expenditure of a sum not to exceed $49,700 00 from funds
already budgeted in Account No 101-707-987-000 (Capital Outlay -
Other Equipment) for this purpose, and Director of Public Works -
Engineering Division, 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
#326-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works - Engineering Division,
dated April 7, 1997, approved as to form by the City Attorney and
approved for submission by the Mayor, with respect to a proposed Detroit
Edison easement to be located at Whispering Willows Golf Course to
Lir service the Nextel communication facilities at this location, the Council
does hereby refer this item to the Capital Improvement Committee for its
report and recommendation.
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#327-97 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 8, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Commercial Lawnmower, Inc , 34955 Plymouth Road, Livonia, Michigan
48150, for supplying the Public Service Division (Idyl Wyld Golf Course
Section) with one (1) 4-wheel drive hydraulic mower, including an air
suspension seat assembly, for the total price of $32,500 00, the same
having been in fact the lowest bid received and meets all specifications
#328-97 RESOLVED, that having considered a communication from
Councilmember Michael P McGee, dated April 8, 1997, regarding a five-
year financial model for City General Fund and Special Revenue Funds,
the Council does hereby refer this item to the Finance, Insurance and
Budget Committee for its report and recommendation
#329-97 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a public hearing
will take place before the City Council of the City of Livonia on
Wednesday, June 4, 1997, at 7 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following item.
Petition 97-3-1-3, submitted by J-P Properties for a change of
zoning of property located on the north side of Six Mile Road, west
of the 1-275/96 Expressway in the Southwest 1/4 of Section 7, from
AG to P, the City Planning Commission in its resolution 4-47-97
having recommended to the City Council that Petition 97-3-1-3 be
approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia as well as
to, not less than fifteen (15) days prior to said public hearing, cause to
have notice to be given by certified mail to each public utility company
and to each railroad company owning or operating any public utility or
railroad within the districts or zones affected, and FURTHER, the City
Clerk is requested to do all other things necessary or incidental to the full
performance of this resolution
#330-97 RESOLVED, that having considered a communication from
Jane Andrews, dated April 16, 1997, which in accordance with the
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provisions of Section 19 08 of Ordinance 543, as amended, the Zoning
Ordinance, takes an appeal from a determination made on April 15, 1997,
by the City Planning Commission in its resolution 4-51-97 with regard to
Petition 97-3-2-7, submitted by Parkside Associates, requesting waiver
use approval to operate a child day care center in an existing building
located on the east side of Middlebelt Road between Six Mile Road and
Pickford Avenue in the Northwest 1/4 of Section 12, which property is
zoned 0 S and P the Council does hereby designate Wednesday, June
4, 1997, at 7 00 p m as the date and time for conducting a public hearing
with regard to this matter, such hearing to be held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and the City Clerk is hereby
requested to do all things necessary in order to give proper notice in
writing, as well as by the publication of a notice in the City's official
newspaper of such hearing and the date and place thereof, in compliance
with the requirements set forth in Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia
#331-97 RESOLVED, that having considered a communication from
Michael Cross, President, Michael Cross Excavating, Inc., dated April 17,
1997, 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 April 15, 1997, by the City Planning Commission
in its resolution 4-52-97 with regard to Petition 97-3-2-8 submitted by
Michael Cross requesting waiver use approval to allow for outdoor
storage of excavating equipment on property located on the west side of
Merriman Road between Plymouth Road and Glendale Avenue in the
Southeast 1/4 of Section 27, which property is zoned M-1, the Council
does hereby designate Wednesday, June 4, 1997, at 7 00 p m as the
date and time for conducting a public hearing with regard to this matter,
such hearing to be held at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan; and the City Clerk is hereby requested to do all things
necessary in order to give proper notice in writing, as well as by the
publication of a notice in the City's official newspaper of such hearing and
the date and place thereof, in 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 Duggan, Feenstra, Brosnan, Vandersloot, McGee, Taylor, and
Laura.
NAYS None
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was.
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#332-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 15, 1997,
submitted pursuant to Council Resolution 1164-96, regarding
nonconforming uses of property and-the determination of whether the
current uses of the properties located at 31405 Seven Mile Road
(George's Livonia Gardens) and 36500 Seven Mile Road (Glenda's
Market) are considered valid nonconforming uses and the possibility of
additional controls of illegal unlicensed uses the Council does hereby
refer the subject of the origin of the one-year discontinuance provision in
Sections 18 18(b) and (e) of Zoning Ordinance 543 and the question of
what would be the shortest amount of time which would justify loss of a
nonconforming use to the Department of Law for its report and
recommendation
On a motion by Feenstra, seconded by Brosnan, it was
#333-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 15, 1997,
submitted pursuant to Council Resolution 1164-96, regarding
nonconforming uses of property and the determination of whether the
current uses of the properties located at 31405 Seven Mile Road
(George's Livonia Gardens) and 36500 Seven Mile Road (Glenda's
Market) are considered valid nonconforming uses and the possibility of
additional controls of illegal, unlicensed uses, the Council does hereby
refer the subject of the preparation of an ordinance amendment to provide
for licensure of an illegal, nonconforming use for RUE property to the
Department of Law for submission to Council
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura.
NAYS Feenstra.
The President declared the resolution adopted
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#334-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 15, 1997,
submitted pursuant to Council Resolution 1164-96, regarding
nonconforming uses of property and the determination of whether the
current uses of the properties located at 31405 Seven Mile Road
411. (George's Livonia Gardens) and 36500 Seven Mile Road (Glenda's
Market) are considered valid nonconforming uses and the possibility of
additional controls of illegal, unlicensed uses, the Council does hereby
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refer the subject of the acquisition of necessary rights-of-way from
George's Livonia Gardens (31405 Seven Mile Road), Glenda's Market
(36500 Seven Mile Road) and Valley Nursery (20315 Merriman Road) to
the Department of Law and Department of Public Works - Engineering
Division to begin negotiations to acquire same, and to thereafter submit a
report and recommendation to Council
On a motion by Feenstra seconded by Brosnan and unanimously
adopted, it was
#335-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 15, 1997,
submitted pursuant to Council Resolution 1164-96, regarding
nonconforming uses of property and the determination of whether the
current uses of the properties located at 31405 Seven Mile Road
(George's Livonia Gardens) and 36500 Seven Mile Road (Glenda's
Market) are considered valid nonconforming uses and the possibility of
additional controls of illegal, unlicensed uses, the Council does hereby
refer the subject of the maintenance of these properties (housekeeping
and landscaping), as well as Valley Nursery located at 20315 Merriman,
to the Inspection Department for its report and recommendation.
Communications from Brashear, Tangora and Spence, LLP, on behalf of
George's Livonia Gardens, Glenda's Garden Center, and Valley Nursery, dated April
23, 1997, April 19, 1997, and April 28, 1997 respectively, indicating the products being
sold by each business were received and placed on file for the information of the
Council
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#336-97 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 15, 1997,
submitted pursuant to Council Resolution 1167-96, regarding
nonconforming uses of property and the determination of whether the
current uses of the properties located at 31405 Seven Mile Road
(George's Livonia Gardens) and 36500 Seven Mile Road (Glenda's
Market) are considered valid nonconforming uses, and the possibility of
additional controls over illegal, unlicensed uses, which subject matter is
also to include the property located at 20315 Merriman Road (Valley
Nursery), the Council does hereby determine to take no further action on
this matter
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Taylor took from the table, for second reading and adoption, the following
Ordinance -
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 96-11-3-4)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura.
NAYS Feenstra.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Duggan took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 18 37(b) OF ARTICLE
XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 95-7-6-6)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, Taylor, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
A communication from the City Clerk, dated April 28, 1997, re the annual
salaries of each of the elected officials of the City of Livonia, effective June 1, 1997, as
adopted by the Local Officers Compensation Commission at its meeting held on April
24, 1997, was received and placed on file for the information of the Council
On a motion by Feenstra, seconded by Vandersloot, it was
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#337-97 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated March 31, 1997,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 1014-96, and which submits competitive bids received with
respect to the proposed sale of City-owned property located at 9811 and
9817 Newburgh Road, more particularly described as
Lot 3 of Hortons Subdivision; T 1S R 9 E , City of Livonia,
Wayne County, Michigan, as recorded in Liber 32, Page 24,
Wayne County Records, except the East 27 feet thereof for
Newburgh Road right-of-way and all recorded easements (Tax
Parcel No 121-01-0003-000)
AND
Lot 4 of Hortons Subdivision, T 1 S , R. 9 E , City of Livonia,
Wayne County, Michigan, as recorded in Liber 32, Page 24,
Wayne County Records, except the East 27 feet thereof for
Newburgh Road right-of-way and all recorded easements (Tax
Parcel No 121-01-0004-000)
and a subsequent communication from the Director of Finance, dated
April 9, 1997, approved for submission by the Mayor, the Council does
hereby accept the bid and authorize the sale of the aforesaid City-owned
property to IVS, Inc., 13311 Stark Road, Livonia, Michigan 48150, for a
total purchase price of $70,000 00, which sale is conditioned upon the
purchaser providing such title work as may be required for this
transaction, the action herein being taken in order to best serve the
interests of the community; and the bid of Warra Construction is hereby
rejected for the reasons indicated in the aforesaid communication, and
the Mayor and City Clerk are hereby authorized, for and on behalf of the
City of Livonia, to execute a quit claim deed and such other documents as
may be necessary or incidental to fulfill the purpose of this resolution,
and the Department of Law is hereby requested to prepare and place in
proper form such legal documents as may be necessary to consummate
this transaction
Gary Nixon, President of IVS, Inc., addressed the foregoing matter
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura.
NAYS Duggan
The President declared the resolution adopted
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On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#338-97 RESOLVED, that the Council does hereby determine to
refund the amount submitted (a total of$3,666 66) by the unsuccessful
bidder, Warra Construction, with respect to the proposed sale of City-
owned property located at 9811 and 9817 Newburgh Road
Duggan left the podium at 8 40 p m due to a conflict of interest on the next Agenda
item
On a motion by Feenstra, seconded by McGee, it was
#339-97 RESOLVED, that Leo Soave Building Co , 34822 Pembroke,
Livonia, MI 48152, as proprietors, having requested the City Council to
approve the proposed preliminary plat of the following subdivision
Lakeside Estates Subdivision No 2, to be located on the north side of
Ann Arbor Trail between Stark and Farmington Roads in the Southeast
1/4 of Section 33, City of Livonia, Wayne County, Michigan, the said
proposed preliminary plat being dated February 26, 1997, and it further
appearing that tentative approval of such preliminary plat was given by
the City Planning Commission, after due notice and a public hearing on
February 4, 1997, and it further appearing that such preliminary plat,
together with development plans and specifications for improvements
therein have been examined and approved by the Engineering Division as
is set forth in the report of that department dated April 3, 1997, therefore,
the City Council does hereby approve of the said preliminary plat on the
following conditions
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, including the Subdivision Control
Ordinance, being Title 16, Chapters 16 04 through 16 24 of the
Livonia Code of Ordinances, as amended, the Subdivision
Regulations of the Planning Commission, the regulations and
specifications of the Engineering Department and the Development
Plans submitted by the proprietor and approved by such
department; all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years from
the effective date of this resolution, failing this, the approval
contained herein shall be considered null, void and of no effect
whatsoever;
(2) That all inspection fees and other charges due to the City of
Livonia shall be fully paid at the time and in the manner provided in
the said Subdivision Control Ordinance, as amended,
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(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Engineering Department, and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
Section 16 24 370 of the said Subdivision Control Ordinance, as
amended,
(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in
the prescribed manner, all improvements required to the extent
required by the City of Livonia and as shown on the approved
development plans,
(5) That the final true record plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Planning
Commission as evidence that such plat is in compliance with
existing Subdivision Regulations;
(6) That the final true plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Council
within two (2) years from the effective date of this resolution, the
City Council shall approve final plats of the aforesaid proposed
subdivision if drawn in substantial conformity with the proposed
plat as approved herein, and provided there has been compliance
with all other requirements of State Statute, the Subdivision Control
Act, the Subdivision Control Ordinance and this resolution,
(7) That, for the purpose of obtaining approval of final plats prior to the
completion of all required improvements the proprietor may file with
the City of Livonia a corporate surety bond, certified check, cash
bond, irrevocable letter of credit, or other financial assurance in
such form as may be approved by the Department of Law
guaranteeing the satisfactory installation of all such improvements,
utilities and grading by the proprietor within the prescribed period;
that in the event the proprietor elects to deposit such financial
assurances the same shall be in the following amounts.
A. General Improvement Bond $ 47,000 00 of which at least
$ 10,000 00 shall be in cash
B Sidewalk Bond $ 5,000 00 of which at least
$ 5,000 00 shall be in cash
L C Grading & Soil Erosion $ 300 00 ( all cash)
D Monuments & Lot Markers $ 400 00 (all cash)
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and require cash payments in the total amount of $4,205 00 In addition,
distribution lines for telephone and electric services are to be placed
underground and ornamental street lights are to be provided throughout
the subdivision -
A roll call vote was taken on the foregoing resolution with the following result.
AYES Feenstra Brosnan Vandersloot. McGee Taylor and Laura
NAYS None
The President declared the resolution adopted
Duggan returned to the podium at 8 41 p m
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was.
#340-97 RESOLVED, that having considered a communication from
the Planning Department, dated April 9, 1997, approved for submission
by the Mayor, requesting an additional appropriation for professional
services to be provided in connection with the construction of a new fire
station at Bicentennial Park, the Council does hereby authorize an
additional appropriation in the amount of$100,000 00 from the
Unexpended Fund Balance of the Fire Station Construction Fund 457 and
a transfer of this amount to the Contractual Services Account No 457-
000-813-000 for this purpose
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
#341-97 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 390
for a proposed street improvement consisting of placement of
approximately 4" of asphalt over existing roadway (Alternate IV) on
Hidden Lane, north of Five Mile Road, in the Southeast 1/4 of Section 14
in the City of Livonia, Wayne County, Michigan, as required by the
provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code
of Ordinances, as amended, a public hearing thereafter having been
held thereon on Monday, April 14, 1997, at 7 00 p m at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and the City Council having
duly met and reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the district
portion of the cost of a street improvement to be constructed in Special
Assessment District No 390; and
30166
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated February 4, 1997, in
the amount of $44 060 62 are fair and equitable and based upon
benefits to be derived by construction of improvements proposed in
said district in accordance with the plans of the City Engineer and
resolutions of the City Council,
(2) Said Special Assessment Roll No 390 is hereby approved and
confirmed in all respects, effective April 30, 1997,
(3) The amount of said roll shall be divided into ten (10) equal annual
installments with interest at the rate of six (6%) percent per annum
on the unpaid balance of the assessment from December 1, 1997
Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 1998, and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said assessment
roll shall then be immediately transmitted to the City Treasurer who
shall then publish notice as is required by Section 3 08 190 of the
Livonia Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190 Any
property owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December 1, 1997,
(5) The first installment shall be spread upon the 1998 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1 , 1997, and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
30167
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
(6) The City Council does hereby determine to pay 15% of the paving
costs ($7,775 40) and 100% of drainage costs ($11,500 00) for a
total amount of $19,275 40
On a motion by Feenstra, it was.
WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 391
for a proposed street improvement consisting of placement of 28 foot
wide full-depth asphalt pavement with mountable asphalt curbs
(Alternate III) in the Bell Creek Farms Subdivision located in the
Northwest 1/4 of Section 15 in the City of Livonia, Wayne County,
Michigan, as required by the provisions of the City Charter and Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, a public
hearing thereafter having been held thereon on Monday, April 14, 1997,
at 7 00 p m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan,
and the City Council having duly met and reviewed the special
assessments levied on the special assessment roll as prepared by the
City Assessor to cover the district portion of the cost of a street
improvement to be constructed in Special Assessment District No 391,
and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated February 4, 1997, in
the amount of $300,009 42, are fair and equitable and based upon
benefits to be derived by construction of improvements proposed in
said district in accordance with the plans of the City Engineer and
resolutions of the City Council,
(2) Said Special Assessment Roll No 391 is hereby approved and
confirmed in all respects, effective April 30, 1997,
(3) The amount of said roll shall be divided into ten (10) equal annual
air installments with interest at the rate of six (6%) percent per annum
on the unpaid balance of the assessment from December 1, 1997
Said interest shall be payable on each installment due date,
30168
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 1998, and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said assessment
roll shall then be immediately transmitted to the City Treasurer who
shall then publish notice as is required by Section 3 08 190 of the
Livonia Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190 Any
property owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December 1, 1997,
(5) The first installment shall be spread upon the 1998 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1997, and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
(6) The City Council does hereby determine to pay 15% of the paving
costs ($53,276 37), 100% of drainage costs ($172,500 00), and
100% of the paving costs of 35 feet of City-owned property
($1,890 00) for a total amount of $227,666 37
The President declared the motion denied for lack of support.
On a motion by Brosnan, seconded by Vendersloot, it was
#342-97 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 391
for a proposed street improvement consisting of placement of
30169
approximately 4" of asphalt over existing roadway (Alternate IV) in the
Bell Creek Farms Subdivision located in the Northwest 1/4 of Section 15
in the City of Livonia, Wayne County, Michigan, as required by the
provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code
of Ordinances, as amended, a public hearing thereafter having been
held thereon on Monday, April 14, 1997, at 7 00 p m at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and the City Council having
duly met and reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the district
portion of the cost of a street improvement to be constructed in Special
Assessment District No 391, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated February 4, 1997, in
the amount of$105,558 87, are fair and equitable and based upon
benefits to be derived by construction of improvements proposed in
said district in accordance with the plans of the City Engineer and
resolutions of the City Council,
(2) Said Special Assessment Roll No 391 is hereby approved and
confirmed in all respects, effective April 30, 1997,
(3) The amount of said roll shall be divided into ten (10) equal annual
installments with interest at the rate of six (6%) percent per annum
on the unpaid balance of the assessment from December 1, 1997
Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 1998, and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said assessment
roll shall then be immediately transmitted to the City Treasurer who
shall then publish notice as is required by Section 3 08 190 of the
Livonia Code of Ordinances, as amended, and mail assessment
30170
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190 Any
property owner assessed may pay the whole or any part of the
assessment without interest er penalty up to December 1, 1997,
(5) The first installment shall be spread upon the 1998 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1997, and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08.200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments; and
(6) The City Council does hereby determine to pay 15% of the paving
costs ($18,745 39), 100% of drainage costs ($23,000 00), and
100% of the paving costs of 35 feet of City-owned property
($665 00) for a total amount of $42,410 39
Gary Stack, who resides on Bell Creek, stated he thought $54 00 was too high,
he wanted the $19 00 alternate or nothing at all
A roll call vote was then taken on the foregoing resolution with the following result:
AYES Duggan, Brosnan, Vandersloot, McGee, Taylor, and Laura.
NAYS Feenstra.
The President declared the resolution adopted
A communication from the Traffic Commission, dated April 15, 1997, re
administrative response to CR 69-97 - "No Through Traffic" signs in the area of the Bell
Creek Subdivision - was received and placed on file for the information of the Council
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was.
#343-97 RESOLVED, that the Council does hereby refer to the
Mayor for his report and recommendation the matter of the installation of
"No Through Traffic" signs in the Bell Creek Farms Subdivision, located in
the Northwest 1/4 of Section 15
30171
On a motion by McGee, seconded by Taylor, it was
hay WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 392
for a proposed street improvement consisting of 24 foot wide full-depth
asphalt pavement with mountable asphalt curbs (revised Alternate III) on
Laurel Road, Curtis Avenue to Seven Mile Road, located in the
Northwest 1/4 of Section 9 in the City of Livonia, Wayne County,
Michigan, as required by the provisions of the City Charter and Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, a public
hearing thereafter having been held thereon on Monday, April 14, 1997,
at 7 00 p m. at the City Hall, 33000 Civic Center Drive, Livonia, Michigan,
and the City Council having duly met and reviewed the special
assessments levied on the special assessment roll as prepared by the
City Assessor to cover the district portion of the cost of a street
improvement to be constructed in Special Assessment District No 392,
and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated April 25, 1997, in the
amount of $245,074 97, are fair and equitable and based upon
benefits to be derived by construction of improvements proposed in
said district in accordance with the plans of the City Engineer and
resolutions of the City Council,
(2) Said Special Assessment Roll No 392 is hereby approved and
confirmed in all respects, effective April 30, 1997,
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent per
annum on the unpaid balance of the assessment from December 1,
1997 Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
30172
1, 1998, and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of_Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said assessment
roll shall then be immediately transmitted to the City Treasurer who
shall then publish notice as is required by Section 3 08 190 of the
Livonia Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190 Any
property owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December 1, 1997,
(5) The first installment shall be spread upon the 1998 City tax roll in
the manner required by Section 3 08.210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1997, and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
(6) The City Council does hereby determine to pay 15% of the paving
costs ($42,166 28) and 100% of drainage costs ($195,500 00) for a
total amount of$237,666 28
From the audience, Mack McLeod, 18550 Laurel, requested the Council to
approve the Alternate IV improvement and stated that a petition was submitted with
65% of the residents requesting the Alt. IV
A roll call vote was then taken on the foregoing resolution with the following result:
AYES McGee and Taylor
NAYS Duggan, Feenstra, Brosnan, Vandersloot, and Laura.
The President declared the resolution denied
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
30173
#344-97 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 392
for a proposed street improvement consisting of approximately 4" of
asphalt over the existing roadway (Alternate IV) on Laurel Road, Curtis
Avenue to Seven Mile Road, located in the Northwest 1/4 of Section 9 in
the City of Livonia, Wayne County, Michigan, as required by the
provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code
of Ordinances, as amended, a public hearing thereafter having been
held thereon on Monday, April 14, 1997, at 7 00 p m at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and the City Council having
duly met and reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the district
portion of the cost of a street improvement to be constructed in Special
Assessment District No 392, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated February 4, 1997, in
the amount of$95,029 07, are fair and equitable and based upon
benefits to be derived by construction of improvements proposed in
said district in accordance with the plans of the City Engineer and
resolutions of the City Council,
(2) Said Special Assessment Roll No 392 is hereby approved and
confirmed in all respects, effective April 30, 1997,
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent per
annum on the unpaid balance of the assessment from December 1,
1997 Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 1998, and subsequent installments on December 1st of
low succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said assessment
30174
roll shall then be immediately transmitted to the City Treasurer who
shall then publish notice as is required by Section 3 08 190 of the
Livonia Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190 Any
property owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December 1, 1997,
(5) The first installment shall be spread upon the 1998 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1997, and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
Lee (6) The City Council does hereby determine to pay 15% of the paving
costs ($16,769 84) and 100% of drainage costs ($25,300 00) for a
total amount of$42,069 84
On a motion by McGee, seconded by Brosnan, it was
#345-97 RESOLVED, that in connection with the proposed street
improvement for Laurel Road (Curtis Avenue to Seven Mile Road) in the
Northwest 1/4 of Section 9, the Council does hereby determine that any
property owners assessed for such improvement shall have twenty-four
(24) months in addition to the usual 18-month period established by City
ordinance (i.e , a total of 3-1/2 years) after completion of the sewer
installation project to hook up to the sanitary sewer being installed in this
area.
A roll call vote was taken on the foregoing resolution as follows
AYES Duggan, Brosnan, Vandersloot, McGee, and Laura
NAYS Feenstra and Taylor
The President declared the resolution adopted
30175
On a motion by Brosnan, seconded by Taylor, and unanimously adopted,
it was
#346-97 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated February 3, 1997, and subsequently revised on
April 25, 1997, on all matters required by Sections 3 08 060 and 3 08 140
of the Livonia Code of Ordinances, as amended, and a first public hearing
having been held thereon on April 21, 1997, after due notice as required
by Section 3 08 070 of said Code, and 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 improvement consisting of the installation of
sixteen (16) 100 watt high pressure sodium lights on davitt poles
with underground wiring beginning at the southerly boundary of
Veterans Park and continuing northerly on Stark Road and easterly
on Lyndon Avenue to Farmington Road, 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, as revised, for said
improvement as set forth in said statement dated April 25, 1997,
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited,
(5) determine that the assessment made for such improvement shall
be paid in annual installments, according to said statement;
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
A Special Assessment District in the East 1/2 of Section 21,
T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan,
described as containing the property shown on the Special
Assessment Plan on the Special Assessment Roll,
(7) direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statements, as
revised, as prepared by the City Engineer dated April 25, 1997,
and
30176
(8) that upon 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, 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 pursuant to Title 3, Chapter 8 of the Livonia
Code of Ordinances
A communication from the Department of Law, dated April 29, 1997, re
parcel boundaries, ownership, tax status, perpetual care trust fund obligations, lot splits
and economic liabilities in connection with rezoning Petition 96-11-1-24 (Marvin
Walkon on behalf of Rest Haven Memorial Park) was received and placed on file for
the information of the Council
On a motion by Brosnan, seconded by Taylor, it was
#347-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 14, 1997, which sets forth
its resolution 2-25-97 adopted on February 4, 1997, with regard to
Petition 96-11-1-24, submitted by Marvin Walkon, agent for Rest Haven
Memorial Park, Inc., for a change of zoning of property located on the
northeast corner of Six Mile and Middlebelt Roads in the Southwest 1/4 of
Section 12, from AG to C-2, and the Council having conducted a public
hearing with regard to this matter on April 14, 1997, pursuant to Council
Resolution 141-97, the Council does hereby approve Petition 96-11-1-24,
as amended so as to rezone this property to C-1, 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura.
NAYS Duggan
The President declared the resolution adopted
30177
A communication from Shooters Service, Ltd , 29419 W Six Mile Road,
{
Livonia, MI 48152, dated April 17, 1997, re indicating their support of the foregoing
dime
rezoning request (Petition 96-11-1-24) was received and placed on file for the
information of the Council
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#348-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 3, 1997, which sets forth
its resolution 1-1-97 adopted on January 21, 1997, with regard to Petition
96-11-1-25, submitted by the City Planning Commission, pursuant to
Council Resolution 688-96, for a change of zoning of property located
east of Newburgh Road, south of Seven Mile Road, in the Northwest 1/4
of Section 8, from R-4 to PL, and the Council having conducted a public
hearing with regard to this matter on April 21, 1997, pursuant to Council
Resolution 142-97, the Council does hereby approve Petition 96-11-1-25
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 McGee, seconded by Feenstra, and unanimously
adopted, it was
#349-97 RESOLVED, that having considered a communication from
the Plymouth Road Development Authority, dated April 10, 1997,
regarding a review of Phase I of the Improvement Plans along Plymouth
Road prior to actual construction, the Council does hereby refer this item
to the Capital Improvement Committee for its report and recommendation
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#350-97 RESOLVED, that the Council does hereby receive and
place on file for the information of the Council the correspondence
submitted by Susan J Muccino, dated April 10, 1997, indicating her
resignation from the Zoning Board of Appeals effective May 14, 1997
30178
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#351-97 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended,
Thomas Hagan, 31062 Pembroke, Livonia Michigan 48152, is hereby
appointed to the Zoning Board of Appeals effective May 14, 1997, to fill
the unexpired term of Susan J Muccino, ending July 12, 1997, with all the
authority and duties as set forth in the said Zoning Ordinance and Act
207, and further provided that he takes the Oath of Office as required in
Chapter X, Section 2 of the City Charter, to be administered by the Office
of the City Clerk.
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#352-97 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated April 3, 1997, approved
for submission by the Mayor, with respect to audit reports of the City of
Livonia (Financial Report with Additional Information dated November 30,
1996), the District Court Funds of District No 16 (Financial Report with
Additional Information dated November 30, 1996), the Economic
Development Corporation (Financial Report dated November 30, 1996),
and the City of Livonia (Federal Financial Assistance Programs
Supplemental Information dated November 30, 1996), the Council does
hereby refer this item to the Finance, Insurance and Budget Committee
for its report and recommendation.
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#353-97 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
On a motion by Brosnan, seconded by McGee, and unanimously adopted,
it was
#354-97 RESOLVED, that the Council does hereby receive and
place on file for the information of the Council the correspondence
submitted by Jeffrey A. Petrul, dated April 25, 1997, indicating his
resignation from the Zoning Board of Appeals effective April 30, 1997
30179
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was
#355-97 RESOLVED, that pursuant to Section 21 02 of the Zoning
Ordinance of the City of Livonia, Ordinance No 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended,
Daniel R. Andrew, 16728 Parklane Drive, Livonia, Michigan 48154, is
hereby appointed to the Zoning Board of Appeals effective April 30, 1997,
to fill the unexpired term of Jeffrey A. Petrul, ending July 12, 1998, with all
the authority and duties as set forth in the said Zoning Ordinance and Act
207, and further provided that he takes the Oath of Office as required in
Chapter X, Section 2 of the City Charter, to be administered by the Office
of the City Clerk.
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was.
#356-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 29, 1997,
and the communication from the City Planning Commission, dated March
6, 1997, which transmits its resolution 3-40-97, adopted on March 4,
1997, with regard to Petition 97-2-2-3, submitted by Marvin Walkon
requesting waiver use approval to construct a full service restaurant
(Champps Americana) to be located on the east side of Haggerty Road
between Seven and Eight Mile Roads in the Southwest 1/4 of Section 6,
which property is zoned C-2, the Council does hereby concur in the
recommendation of the City Planning Commission and Petition 97-2-2-3 is
hereby approved, subject to the following conditions
1) That the Site Plan market sheet SPA-1, as revised on 3/3/97,
prepared by T Rogvoy Associates, Inc., Architects, which is
hereby approved, shall be adhered to,
2) That the Landscape Plan marked sheet SPA-7, dated 2/13/97,
prepared by Johnson Johnson & Roy, Inc., Landscape Architects,
which is hereby approved, shall be installed prior to final inspection
and thereafter permanently maintained in a healthy condition,
3) That the Building Elevation Plan marked sheets SPA-6 and SPA-
6A, as revised on 5/13/97, prepared by T Rogvoy Associates, Inc.,
Architects, which is hereby approved, shall be adhered to,
EL4) That the maximum number of customer seats to be provided is 249
seats, and
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5) That all signage shall come back before the Planning Commission
and City Council for review and approval
Duggan left the podium at 9.20 p m in order to avoid a conflict of interest with respect
to the next agenda item
On a motion by Taylor, seconded by Brosnan, it was
#357-97 RESOLVED, that having considered a communication from
the City Clerk, dated April 30, 1997, which indicates that the proprietor of
Cross Winds Court Subdivision, located in the Southwest 1/4 of Section
11, 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 April
30, 1997, wherein said Commission approved the final plat for the said
subdivision in its resolution 4-65-97, adopted on April 29, 1997, and the
Council having considered a report from the City Engineer dated April 30,
1997, recommending approval of the final plat of said subdivision, the
preliminary plat of which was approved by the Council in its resolution
167-97, adopted on February 26, 1997, said preliminary plat having been
recommended for approval by the City Planning Commission on July 9,
1996, in its resolution 7-129-96, NOW, THEREFORE, the Council does
hereby determine to grant its approval to the final plat of Cross Winds
Court Subdivision, located in the Southwest 1/4 of Section 11, 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra, Brosnan, Vandersloot, McGee, Taylor, and Laura.
NAYS None
The President declared the resolution adopted
Duggan returned to the podium at 9.22 p m
No one from the audience wished to speak at this time
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On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
this 1,343rd Regular Meeting of the Council of the City of Livonia was adjourned at 9.24
p m., April 30, 1997
/ 7tiek- efre
Joa tMcCotter, City Clerk