HomeMy WebLinkAboutCOUNCIL MINUTES 1997-02-26 30036
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND THIRTY-NINTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On February 26, 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 Brosnan delivered the invocation
Roll was called with the following result: Maureen Miller Brosnan, Val
Vandersloot, Michael P McGee, Gerald Taylor, Brian Duggan, Fernon P Feenstra,
and Joe Laura. Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; H
Shane, Assistant City Planner; Gary Clark, Assistant City Engineer; Sean P Kavanagh,
City Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative
Affairs, Michael T Slater, Director of Finance, Robert J Beckley, Director of Public
Works, Ronald Reinke, Superintendent of Parks and Recreation, Linda McCann,
Director of Community Resources, James Inglis, Director of Housing; John Fegan,
Director of Inspection, and David Woodcox, Senior Building Inspector
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was.
#124-97 RESOLVED, that the minutes of the 1,338th Regular
Meeting of the Council of the City of Livonia, held February 12, 1997, are
hereby approved as submitted
On a motion unanimously introduced, seconded and adopted, it was
#125-97 WHEREAS, Raul A. Galindo, P E., has conducted himself
with professionalism, dignity, and respect for his life's calling as an
Engineer and has won the respect of his peers and associates for the
past 33 years, and
WHEREAS, Raul A. Galindo, P E., distinguished himself in the United
States Army, serving from 1958 - 1960; and
30037
WHEREAS, Raul A. Galindo, P E , served the City of Detroit as a Civil
Engineer, the State of Michigan as an Assistant Planner, and the City of
Livonia as Civil Engineer Ill, Civil Engineer IV, Senior Project Engineer II,
Associate City Engineer, Assistant City Engineer and achieving the
appointment of City Engineer in 1987, and
WHEREAS, Raul A. Galindo, P E , has been diligent in upholding the
highest engineering standards for the City of Livonia while saving
countless dollars in astute program management; and
WHEREAS, Raul A. Galindo, P E , has been a role model to his children,
the youth of Livonia, and its citizens at-large as a Livonia Jaycee, volley
ball player and coach, soccer player and coach, and St. Mary Hospital
benefactor
NOW, THEREFORE, BE IT RESOLVED, the Livonia City Council
recognizes and congratulates Raul A. Galindo on his 29 years of service
and wishes him and his wife, Sharon, a long and happy retirement.
On a motion unanimously introduced, seconded and adopted, it was.
#126-97 WHEREAS, Alan E Agnew, a Livonia resident for 38 years,
exemplified the Livonia tradition of commitment to family and to
community; and
WHEREAS, Alan E. Agnew enjoyed a 30 year career with the Michigan
Bell Telephone Company and its successor, Ameritech, and
WHEREAS, Alan E Agnew maintained a lifetime commitment to the Boy
Scouts of America, having distinguished himself by rising to the rank of
Eagle Scout, and later by serving as a Scoutmaster for 19 years, and
WHEREAS, Alan E Agnew had a great love and respect for police work,
joining the Livonia Auxiliary Police in 1968, where he served for 11
years, rising to the rank of Lieutenant; and
WHEREAS, Alan E Agnew was instrumental in the enactment of the
Livonia Police Reserve ordinance in 1979, by which the Livonia Police
Reserve was created, and
WHEREAS, Alan E Agnew became Livonia's first Reserve Police Officer
and served continuously in that capacity for 18 years, from 1979 until
1997, earning the respect of all for his diligence and professionalism in
the performance of his duties, and
WHEREAS, Alan E Agnew at all times displayed the utmost integrity,
loyalty and trustworthiness in his dealings with his colleagues, and
courtesy and thoughtfulness to all with whom he came in contact.
30038
NOW, THEREFORE, BE IT RESOLVED, the Mayor and City Council of
the City of Livonia hereby takes this means to honor Alan E Agnew in
recognition of a lifetime of serving his community and of making all who
knew him better for the experience of having known him, and to convey
to his wife, Betty, and his daughter, Linda, on behalf of the entire
community, our deepest sympathy on the occasion of his passing
No one from the audience spoke during the audience communication
portion of the meeting
At the direction of the Chair, Item #6 was removed from the Consent
portion of the Agenda.
On a motion by Taylor, seconded by Brosnan, it was
#127-97 RESOLVED, that having considered a request from
Councilmember Fernon P Feenstra, the Council does hereby refer the
matter of the outdoor ice chest and soda machine at the Amoco gas
station at Six Mile and Haggerty Roads to the Inspection Department for
its report and recommendation
#128-97 RESOLVED, that having considered an application from
Anne Drum, 27674 Western Golf Court, dated February 7, 1997,
requesting permission to close the Western Golf Court cul-de-sac off of
Western Golf Drive on Saturday, June 7, 1997, from 1200 p m. to 1000
p m. for the purpose of conducting a block party, the Council does hereby
grant permission as requested, including therein permission to conduct
the said affair on Sunday, June 8, 1997, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police department.
#129-97 RESOLVED, that having considered a letter from the
President of Hearts of Livonia, dated February 3, 1997, the Council does
hereby determine as follows
1 That Hearts of Livonia is a worthy non-profit charity in the
community;
2 That the City of Livonia shall be one of the co-sponsors of the 1997
Golf Day Benefit;
3 That Hearts of Livonia is hereby granted approval to use the
Whispering Willows, Fox Creek and Idyl Wyld Municipal Golf
Courses on Wednesday, August 20, 1997, for the 20th annual golf
outing, and
30039
4 That Hearts of Livonia is hereby granted approval to display
banners on Five Mile and Farmington Roads from August 11,
1997, through August 22, 1997, at no additional cost to Hearts of
Livonia
#130-97 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated February
5, 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 Hoekstra Truck Equipment Company, Inc., 555 Oliver Street,
Troy, Michigan 48084, for supplying the Department of Community
Resources with three (3) 18-passenger vehicles with one (1) wheelchair
position in the total amount of $148,905 00, the same having been in fact
the lowest and only bid received and meets specifications, FURTHER,
the Council does hereby authorize the expenditure of a sum not to exceed
$148,905 00 from Fiscal Year 1996-1997 Community Credit Funds for this
purpose
#131-97 WHEREAS, Section 13(7) of Act 51, Public Acts of 1951
provided that each incorporated city and village to which funds are
returned under the provisions of this section, that "the responsibility for
street improvements, maintenance, and traffic operations work, and the
development, construction, or repair of off-street parking facilities and
construction or repair of street lighting shall be coordinated by a single
administrator to be designated by the governing body who shall be
responsible for and shall represent the municipality in transactions with
the State Transportation Department pursuant to this act."
THEREFORE, BE IT RESOLVED, that the Livonia City Council does
hereby designate Robert J Beckley, Director of Public Works, as the
single Street Administrator for the City of Livonia in all transactions with
the State Transportation Department as provided in Section 13 of the Act.
#132-97 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated January 27, 1997,
approved for submission by the Mayor, and which indicates that the
Housing Commission has recommended adjustments in the admission
and continued occupancy income limits for Silver Village, Newburgh
Village and City-owned homes as follows
30040
Section I - Eligibility for Admission and
Section IV - Eligibility for Continued Occupancy (Annual Re-Examination)
ADMISSION
Present Income Limits Revised Income Limits
One Person $28,050 $29,850
Two Persons $32,050 $34,100
Three Persons $36,050 $38,400
Four Persons $40,100 $42,650
Five Persons $43,300 $46,050
Six Persons $46,400 $49,450
CONTINUED OCCUPANCY
Present Income Limits Revised Income Limits
One Person $30,850 $32,800
Two Persons $35,250 $37,500
Three Persons $39,650 $42,200
Four Persons $44,100 $46,900
Five Persons $47,600 $50,600
Six Persons $51,000 $54,400
the Council does hereby concur in and approve of the recommended
action
#133-97 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated January 23, 1997,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby approve the extension
of the Weed Cutting Contract 95-N, commencing January 1, 1997, and
expiring on December 31, 1997, with Covington Contracting, Inc., 14872
Farmington Road, Livonia, Michigan 48154, under the same rates, terms
and conditions as the 1995 contract; FURTHER, the Council does hereby
authorize an advance in the contract amount from the Municipal Refuse
Fund Account for the purpose of making payments to the contractor as he
completes the work, with the provision that the Municipal Refuse Fund
Account be reimbursed as bills for weed cutting are collected, and the
Director of Inspection is hereby authorized to approve minor adjustments
in the work as it becomes necessary; and the City Clerk is hereby
authorized to do all things necessary or incidental to the full performance
of this resolution, FURTHER, the Council does hereby authorize the
action herein without competitive bidding in accordance with Section
3 04 140D4 of the Livonia Code of Ordinances, as amended
30041
A communication from the Inspection Department, dated February 5,
1997, re administrative response to CR 50-97 - a temporary storage trailer at Honey
Baked Ham, located at 15303 Merriman Road - was received and placed on file for the
information of the Council
A communication from the Department of Law, dated February 10, 1997,
re administrative response to CR 1024-96 - the status of the law with regard to the
levy of Special Assessments on properties located outside of a Special Assessment
District, as well as with respect to the procedure of the levy of assessments by consent
-was received and placed on file for the information of the Council
A communication from the Engineering Department, dated January 27,
1997, re administrative response to CR 1025-96 - the cost of paving Henry Ruff
between Schoolcraft and Five Mile Road - was received and placed on file for the
information of the Council
#134-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 27, 1997, approved
for submission by the Mayor, submitted pursuant to Council Resolution
1025-96, regarding the subject of the determination of the cost of paving
Henry Ruff between Schoolcraft and Five Mile Road, the Council does
hereby refer this matter to the Streets, Roads and Plats Committee for its
report and recommendation.
#135-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 29, 1997, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of Giannetti Contracting
Corporation, 6340 Sims Drive, Sterling Heights, Michigan 48313, for
completing all work in connection with the Hoy Avenue Water Main
Replacement Project (Contract 97-A) for the estimated total cost of
$295,864 00, based upon the Engineering Department's estimate of units
involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
for this item, FURTHER, the Council does hereby appropriate and
authorize the expenditure of a sum not to exceed $295,864 00 from the
30042
1993 Bond proceeds, Account No 592---/158-031 (Construction-in-
Progress Water Main Replacement) for this purpose, and the City
Engineer is hereby authorized to approve minor adjustments in the work
as it becomes necessary; and the Mayor and City Clerk are hereby
authorized to execute a contract for and on behalf of the City of Livonia
with the aforesaid bidder and to do all other things necessary or incidental
to the full performance of this resolution
#136-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 29, 1997, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of Nagle Paving Company,
30630 West Twelve Mile Road, Suite A, Farmington Hills, Michigan
48334, for completing all work in connection with the Ford Field Parking
Lot Reconstruction Project (Contract 97-D) for the estimated total cost of
$111,580 50, based upon the Engineering Department's estimate of units
involved, and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
for this item, FURTHER, the Council does hereby authorize the
expenditure of a sum not to exceed $111,580 50 from funds already
budgeted for this purpose in Account No 401-000-974-050 (Capital
Projects), and the City Engineer is hereby authorized to approve minor
adjustments in the work as it becomes necessary; and the Mayor and
City Clerk are hereby authorized to execute a contract for and on behalf
of the City of Livonia with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution
#137-97 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 21, 1997, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, to which is attached proposed cost agreements
for traffic signal controls and having considered the necessity for traffic
signal modernization at the intersections of Ann Arbor Road and Ann
Arbor Trail, Ann Arbor Road and Hix, and Plymouth Road and Hubbard
Road, the Council does hereby authorize the said traffic signal
modernizations, FURTHER, the Council does hereby approve of the City
assuming 50% of the installation and annual maintenance costs for such
modernization at these intersections located in the City of Livonia, and for
this purpose does hereby appropriate and authorize the expenditure of a
sum not to exceed $1,560 00 from the Michigan Transportation Fund
(Major Road Account), and the Mayor and City Clerk are hereby
authorized to execute the attached agreements for and on behalf of the
City of Livonia; and the City Clerk is requested to forward a certified copy
of this resolution to the Michigan Department of Transportation
30043
#138-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 5, 1997, which sets forth
its resolution 1-9-97, adopted on January 21, 1997, with regard to a
request from William L. Roskelly for a one-year extension of approval of
the preliminary plat for Camborne Stark School Subdivision proposed to
be located on the southwest corner of Stark Road and Pinetree Avenue in
the Northwest 1/4 of Section 33, which preliminary plat was previously
approved in Council Resolution 784-96, adopted on August 26, 1996, the
Council does hereby concur in the recommendation of the Planning
Commission and grant the requested extension for a one-year period,
subject to compliance with all of the conditions and requirements set forth
in the original preliminary plat approval
#139-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 6, 1997, which transmits
its resolution 2-17-97, adopted on February 4, 1997, with regard to
Petition 96-12-2-31, submitted by Yer Yang and Kao Yang requesting
waiver use approval to operate a limited service restaurant in the L.A.
Plaza Shopping Center located on the south side of Plymouth Road
between Levan Road and Yale Avenue in the Northeast 1/4 of Section 32,
which property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 96-
12-2-31 is hereby approved and granted, subject to the following
conditions'
1 That the proposed restaurant shall be limited to no more than 30
customer seats, and
2 That the broken asphalt located behind the subject building shall
be repaired to the satisfaction of the Inspection Department prior to
final inspection.
#140-97 RESOLVED, that having considered the communication of
the Mayor, dated February 18, 1997, to which is attached a proposed
organizational chart, and a communication from the Assistant Personnel
Director, dated February 20, 1997, which bears the signature of the
Director of Finance and is approved for submission by the Mayor,
transmitting a copy of a resolution adopted by the Civil Service
Commission at its regular meeting of February 19, 1997, incorporating the
Engineering Department into the Department of Public Works, the Council
does hereby approve the proposed reorganization establishing three
divisions consisting of the Engineering Division, Public Service Division
and Water and Sewer Division under the general management of the
Director of Public Works and changing the Engineering Department to
Division status, FURTHER, the Council does hereby concur in the
recommendation of the Civil Service Commission and the classification of
Position Plans is hereby amended to re-establish the classification of City
Engineer with the following salary schedule
30044
Bi-Weeklv Annual
Step 1
Step 1 5 $2,156 80
$5607680
2,200 00
57,200 00
Step 2 2,243 20 58,323 20
Step 3 2,332 80 60,652 80
Step 4 2,426 40 63,086 40
Step 5 2,523 20 65,600 00
the same benefits (i e , longevity, vacation credit, sick leave, dental,
optical, medical benefits, etc.) as extended to other full-time classified
Civil Service employees shall be afforded this position, FURTHER, the
Council does hereby refer this matter to the Department of Law to prepare
appropriate ordinance amendments to Chapters 2 24 and 2 25 of the
Livonia Code of Ordinances to reflect these organizational changes, the
same to thereafter be submitted to Council
#141-97 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 Monday,
April 14, 1997, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item.
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-1, the City Planning
Commission in its resolution 2-25-97 having recommended to the
City Council that Petition 96-11-1-24, as amended, 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
30045
#142-97 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 Monday,
April 21, 1997, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item.
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, the City
Planning Commission in its resolution 1-1-97 having recommended
to the City Council that Petition 96-11-1-25 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
#143-97 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 Monday,
April 7, 1997, at 7 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item.
Petition 96-11-1-26, submitted by the City Planning Commission,
for a change of zoning of property located on the north side of
Seven Mile Road immediately west of and adjacent to Glenda's
Farm Market in the South 1/2 of Section 5, from PL to R-3B, the
City Planning Commission in its resolution 1-2-97 having
recommended to the City Council that Petition 96-11-1-26 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
30046
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.
#144-97 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, April 23, 1997, at 7 00 p m. at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following items
(1) Petition 96-11-6-8, submitted by the City Planning Commission,
pursuant to Council Resolution 906-96, to determine whether or
not to amend Article XXXI, Section 31 03 of the Zoning Ordinance
so as to prohibit overnight camping in NP zoning districts, the City
Planning Commission in its resolution 2-19-97 having
recommended to the City Council that Petition 96-11-6-8 be
approved,
(2) Petition 96-12-6-9, submitted by the City Planning Commission, to
determine whether or not to amend the Zoning Ordinance
regarding site condominium developments, the City Planning
Commission in its resolution 2-20-97 having recommended to the
City Council that Petition 96-12-6-9 be approved, and
(3) Petition 97-1-1-1, submitted by Danny Veri, for a change of zoning
of property located on the east side of Newburgh Road, south of
Ann Arbor Trail, in the Southwest 1/4 of Section 32, from RUF to R-
1, the City Planning Commission in its resolution 2-16-97 having
recommended to the City Council that Petition 97-1-1-1 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) locations 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
30047
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
#145-97 RESOLVED, that the Council having considered a
communication from the City Engineer, dated February 3, 1997, approved
for submission by the Mayor, submitted pursuant to Council Resolution
649-96, wherein the City Engineer has ascertained the assessed
valuation of all property affected by the proposed installation of street
lighting with underground wiring on Stark Road between Schoolcraft Road
and Lyndon Avenue and on Lyndon Avenue between Farmington and
Stark Roads in the East 1/2 of Section 21, T 1S , R.9E., City of Livonia,
Wayne County, Michigan, and such report having indicated the number of
parcels which show tax delinquencies, the number of parcels owned by
public authorities, the number of parcels which are vacant, and having
prepared and caused to be prepared plans and specifications therefor
and an estimate for the cost thereof, and to file the same with the City
Clerk together with his recommendation as to what proportion of the cost
should be paid by special assessment and what part, if any, should be a
general obligation of the City, the number of installments in which
assessments may be paid and the lands which should be included in the
proposed special assessment district, and it appearing to the Council that
all of such information, estimate, plans, specifications and
recommendations have been properly filed by the City Engineer with the
City Clerk under date of date of February 3, 1997, and that there has
been a full compliance with all of the provisions of Section 3 08 060 of the
Livonia Code of Ordinances, as amended, the Council does hereby set
Monday, April 21, 1997, at 7 00 p m as the date and time for a public
hearing on the necessity for such proposed improvement, which public
hearing shall be held before the Council in the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan, pursuant to Section 3 08 070 of
said Livonia Code of Ordinances, as amended, and the City Clerk is
hereby authorized to give notice and publication of such hearing as is
required by Section 3 08 070 of said Code
#146-97 WHEREAS, pursuant to the direction of the City Council in
its resolution 70-97, adopted on January 29, 1997, and in accordance
with Section 3 08 100 of the Livonia Code of Ordinances, as amended,
the City Assessor of the City of Livonia has prepared, reported and
certified to the Council under date of February 4, 1997, an assessment
roll dated February 4, 1997, for the proposed enclosure of Bell Creek for
99 feet and for providing soil erosion protection in this area on Fitzgerald
Avenue located in the Southwest 1/4 of Section 5, T 1 S , R. 9 E., City of
Livonia, Wayne County, Michigan, containing the special assessments to
be assessed and levied, respectively, in the proposed special assessment
district heretofore established for the construction and operation of the
30048
proposed improvement in said district as designated in Council
Resolution 70-97,
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by
the City Council, that it is hereby ordered to be filed in the office of the
City Clerk for public examination, that the City Clerk be and hereby is
directed to give notice as required by the provisions of Section 3 08 110
of the Livonia Code of Ordinances, as amended, to wit. that the
assessment roll has been made and filed in the office of the City Clerk for
public examination and that the City Council of the City of Livonia will
meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on
Monday, April 7, 1997, at 7 00 p m. to review the said special assessment
roll at which time and place opportunity will be given to all interested
persons to be heard;
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to
the aforesaid date of April 7, 1997, the City Clerk is also directed to give
notice of said hearing by sending written notice thereof by first class mail
to each and every property owner in the proposed assessment district as
their respective names and addresses appear on the most current
assessment roll in the City Assessor's office
#147-97 WHEREAS, pursuant to the direction of the City Council in
its resolution 67-97 and 68-97, adopted on January 29, 1997, and in
accordance with Section 3 08 100 of the Livonia Code of Ordinances, as
amended, the City Assessor of the City of Livonia has prepared, reported
and certified to the Council under date of February 4, 1997, assessment
rolls dated February 4, 1997, for the street improvement of Bell Creek
Farms Subdivision, located in the Northwest 1/4 of Section 15, consisting
of 28 foot wide full-depth asphalt pavement with mountable asphalt curbs
(Alternate III) or approximately 4" of asphalt over the existing roadway
(Alternate IV) containing the special assessments to be assessed and
levied, respectively, in the proposed special assessment district
heretofore established for the construction and operation of the proposed
improvement in said district as designated in Council Resolutions 67-97
and 68-97, respectively;
THEREFORE, BE IT RESOLVED, that the said rolls are hereby accepted
by the City Council, that it is hereby ordered to be filed in the office of the
City Clerk for public examination, that the City Clerk be and hereby is
directed to give notice as required by the provisions of Section 3 08 110
of the Livonia Code of Ordinances, as amended, to wit: that the
assessment rolls have been made and filed in the office of the City Clerk
for public examination and that the City Council of the City of Livonia will
meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on
30049
Monday, April 14, 1997, at 7 00 pm to review the said special
assessment rolls at which time and place opportunity will be given to all
interested persons to be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to
the aforesaid date of April 14, 1997, the City Clerk is also directed to give
notice of said hearing by sending written notice thereof by first class mail
to each and every property owner in the proposed assessment district as
their respective names and addresses appear on the most current
assessment roll in the City Assessor's office
#148-97 WHEREAS, pursuant to the direction of the City Council in
its resolution 76-97, adopted on January 29, 1997, and in accordance
with Section 3 08 100 of the Livonia Code of Ordinances, as amended,
the City Assessor of the City of Livonia has prepared, reported and
certified to the Council under date of February 4, 1997, an assessment
roll dated February 4, 1997, for the street improvement of Hidden Lane,
north of Five Mile Road, located in the Southeast 1/4 of Section 14,
consisting of approximately 4" of asphalt over the existing roadway
(Alternate IV) containing the special assessments to be assessed and
levied, respectively, in the proposed special assessment district
heretofore established for the construction and operation of the proposed
improvement in said district as designated in Council Resolution 76-97,
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by
the City Council, that it is hereby ordered to be filed in the office of the
City Clerk for public examination, that the City Clerk be and hereby is
directed to give notice as required by the provisions of Section 3 08 110
of the Livonia Code of Ordinances, as amended, to wit: that the
assessment roll has been made and filed in the office of the City Clerk for
public examination and that the City Council of the City of Livonia will
meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on
Monday, April 14, 1997, at 7 00 p m to review the said special
assessment roll at which time and place opportunity will be given to all
interested persons to be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to
the aforesaid date of April 14, 1997, the City Clerk is also directed to give
notice of said hearing by sending written notice thereof by first class mail
to each and every property owner in the proposed assessment districi as
their respective names and addresses appear on the most current
assessment roll in the City Assessor's office
30050
#149-97 WHEREAS, pursuant to the direction of the City Council in
its resolution 72-97 and 73-97, adopted on January 29, 1997, and in
accordance with Section 3 08 100 of the Livonia Code of Ordinances, as
amended, the City Assessor of the City of Livonia has prepared, reported
and certified to the Council under date of February 4, 1997, assessment
rolls dated February 4, 1997, for the street improvement of Laurel Road,
Curtis Avenue to Seven Mile Road, located in the Northwest 1/4 of
Section 9, consisting of 28 foot wide full-depth asphalt pavement with
mountable asphalt curbs (Alternate III) or approximately 4" of asphalt over
the existing roadway (Alternate IV) containing the special assessments to
be assessed and levied, respectively, in the proposed special assessment
district heretofore established for the construction and operation of the
proposed improvement in said district as designated in Council
Resolutions 72-97 and 73-97, respectively;
THEREFORE, BE IT RESOLVED, that the said rolls are hereby accepted
by the City Council, that it is hereby ordered to be filed in the office of the
City Clerk for public examination, that the City Clerk be and hereby is
directed to give notice as required by the provisions of Section 3 08 110
of the Livonia Code of Ordinances, as amended, to wit: that the
assessment rolls have been made and filed in the office of the City Clerk
for public examination and that the City Council of the City of Livonia will
meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on
Monday, April 14, 1997, at 7 00 pm to review the said special
assessment rolls at which time and place opportunity will be given to all
interested persons to be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to
the aforesaid date of April 14, 1997, the City Clerk is also directed to give
notice of said hearing by sending written notice thereof by first class mail
to each and every property owner in the proposed assessment district as
their respective names and addresses appear on the most current
assessment roll in the City Assessor's office
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and
Laura
NAYS None
30051
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
taw it was
#150-97 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated January 30, 1997, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of one (1) Special Operations Unit vehicle from Buff Whelan
Chevrolet, 40445 Van Dyke, Sterling Heights, Michigan 48313, for a price
of$14,946 79 and one (1) Special Operations Unit vehicle from Varsity
Ford, 3480 Jackson Road, Ann Arbor, Michigan 48106-2507, for a price
of $14,609 60, for the total amount of $29,556 39, FURTHER, the
Council does hereby appropriate and authorize the transfer of a sum not
to exceed $29,556 39 from the Unexpended Fund Balance of the
Adjudicated Forfeitures Funds (Account No 265-009-699-999) to the
Adjudicated Forfeitures Capital Outlay-Vehicles Account for this purpose,
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan bid price (under Contract No
017B7000144) and the low Oakland County consortium bid, and such
action is taken in accordance with the provisions set forth in Section
3 04 140D4 of the Livonia Code of Ordinances, as amended
On a motion by Feenstra, seconded by Vandersloot, it was
#151-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 19,
1996, submitted pursuant to Council Resolution 1065-96, and a letter
from the Michigan Liquor Control Commission, dated June 18, 1996, and
the report and recommendation of the Chief of Police, dated October 23,
1996, regarding a request from Moutafis, Inc. for a new Outdoor Service
Permit (Second Area) and expansion of Outdoor Service Permit to include
the entire golf course and request for additional Bar Permit for roving cart
to be held in conjunction with 1996 Class C licensed business with
Sunday Sales, Official Permit (Food), Outdoor Service and Direct
Connection, located at 20500 Newburgh Road, Livonia, Michigan, Wayne
County, the Council does hereby recommend denial of this request since
the approval of this request would be detrimental to and impose increased
problems in the operation of the municipal golf course at this location
(Whispering Willows Golf Course), as well as for the reasons indicated in
the aforementioned report and recommendation of the Chief of Police,
and the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
A roll call vote was taken on the foregoing resolution with the following result.
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Feenstra
30052
NAYS Laura
The President declared the resolution adopted
McGee made the following disclosure respecting a conflict of interest on this matter.
Mr President, regarding the next matter, as I have previously disclosed,
my law firm currently represents this petitioner and, although we are not the
petitioner's general counsel, I wish to announce the conflict and will abstain from
any consideration of this agenda item I refer to my prior statements and my
letter dated February 24, 1992, to the City Clerk on this subject and would ask
that these remarks be made part of the official record of this meeting Thank
you.
McGee left the podium at 8.17 p m.
On a motion by Vandersloot, seconded by Brosnan, it was
#152-97 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated February
6, 1997, submitted pursuant to Council Resolution 1147-96, regarding a
proposal dated November 20, 1996, from Honeywell, Inc. for a building
mechanical system replacement and improvement program, the Council
does hereby authorize the administration to continue negotiations with
Honeywell regarding this subject and to thereafter submit a report
detailing the results of such negotiations to the Capital Improvement
Committee for its consideration
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, Taylor, Duggan, Feenstra, and Laura.
NAYS None
The President declared the resolution adopted
The following individuals from the audience spoke
Ralph Williams, 18630 Foch - stated he was concerned the City would be
scrapping lots of good equipment and doing some creating financing arrangements with
the foregoing proposal He stated he was opposed to it,
John Boone, representing Honeywell, Inc. in Farmington Hills - clarified some of
the provisions of the proposed contract; and
Tyler Ummer, Landis & Staefa - a corporate citizen located at 31623 Industrial
Road in Livonia. Stated he would like an opportunity for his company to submit a
30053
proposal regarding this subject matter, and that he believed it would be beneficial for
the City to hire a consultant to design a Request for Proposal package on this matter
On a motion by Vandersloot, seconded by Feenstra, it was
RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated February
6, 1997, submitted pursuant to Council Resolution 1147-96, regarding a
proposal dated November 20, 1996, from Honeywell, Inc. for a building
mechanical system replacement and improvement program, the Council
does hereby authorize the Director of Public Works, together with the
Director of Finance, to do all things necessary to prepare specifications
and obtain bids for an energy management program with performance
contracting in accordance with the provisions set forth in the Financial
Ordinance, the same to be thereafter submitted to Council for its
consideration.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot and Feenstra.
NAYS Brosnan, Taylor, Duggan, and Laura.
The President declared the resolution denied
Feenstra requested permission to change his vote on the previously adopted
resolution, to which unanimous permission was granted and resulted in the following:
On a motion by Vandersloot, seconded by Brosnan, it was
#152-97 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated February
6, 1997, submitted pursuant to Council Resolution 1147-96, regarding a
proposal dated November 20, 1996, from Honeywell, Inc. for a building
mechanical system replacement and improvement program, the Council
does hereby authorize the administration to continue negotiations with
Honeywell regarding this subject and to thereafter submit a report
detailing the results of such negotiations to the Capital Improvement
Committee for its consideration
AYES Brosnan, Vandersloot, Taylor, Duggan, and Laura
NAYS Feenstra.
The President declared the resolution adopted.
McGee returned to the podium at 8 35 p m.
30054
On a motion by Brosnan, seconded by Duggan, and unanimously
L adopted, it was
#153-97 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
February 11, 1997, submitted pursuant to Council Resolution 792-96, with
respect to the subject of Bentley Center, the Council does hereby refer
this matter to the Mayor for the creation of a task force and a report and
recommendation regarding the development of a recreation/community
center in light of recent opportunities which may be available at Bentley
Center
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was.
#154-97 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
February 11, 1997, submitted pursuant to Council Resolution 792-96, with
respect to the subject of Bentley Center, the Council does hereby refer the
subject of exploring the possibility of entering into negotiations with the
L Livonia Public Schools regarding acquiring Bentley Center to the Mayor for
his report and recommendation.
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was:
#155-97 RESOLVED, that having considered the report and
recommendation of the City Council/Schools Liaison Committee, dated
February 11, 1997, submitted pursuant to Council Resolution 403-96,
concerning the subject of the feasibility of building an all-season indoor
sports complex to be paid for by user fees, the Council does hereby
request that the Mayor and the Department of Parks and Recreation
formally solicit proposals for the conducting of a marketing and feasibility
study for a recreation/community center, the same to be thereafter
submitted to Council for its consideration
A communication from the Inspection Department, dated February 7,
1997, re administrative response to CR 46-97 - temporary signage at Kurtis Kitchen,
L 12500 Merriman Road - was received and placed on file for the information of the
Council
30055
On a motion by Brosnan, seconded by Feenstra, and unanimously
adopted, it was
#156-97 RESOLVED, that having considered the report and
recommendation of the Inspection Department, dated February 7, 1997,
submitted pursuant to Council Resolution 46-97, regarding temporary
signage at 12500 Merriman (Kurtis Kitchen), the Council does hereby
refer the matter of the removal of the temporary sandwich sign placed in
the Merriman Road right-of-way by Kurtis Kitchen to the Inspection
Department (through the Mayor) to begin enforcement proceedings
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#157-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 3, 1997, which transmits
its resolution 1-5-97 adopted on January 21, 1997, with regard to Petition
96-11-3-4, submitted by Robert Smith and Mr and Mrs John Blaies, Jr ,
requesting the vacating of the Pembroke Avenue right-of-way located
between Merriman Road and Merriman Court in the Northwest 1/4 of
Section 2, the Council does hereby concur in the recommendation of the
City Planning Commission and does grant and approve the said Petition
96-11-3-4 subject to the retention of a full width easement for public
utilities and the installation of a 20' length of sidewalk along Merriman
Road adjacent to the vacated portion of Pembroke Avenue by the
petitioner; and the Department of Law is hereby requested to prepare the
necessary vacating ordinance in accordance with this resolution
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was
#158-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 27, 1997, which transmits
its resolution 1-12-97 adopted on January 21, 1997, with regard to
Petition 96-12-8-19 submitted by Olson Oldsmobile requesting site plan
approval in connection with a proposal to construct a commercial building
on property located at 33850 Plymouth Road in the Southeast 1/4 of
Section 28, pursuant to the provisions set forth in Section 18 58 of
Ordinance No 543, as amended, the Council does hereby refer this
matter to the Committee of the Whole for its report and recommendation.
Don Worthington of Affinity Building, affiliated with Olson Oldsmobile -
addressed a quit claim deed for right-of-way, the parking situation, and landscaping for
the aforementioned petition.
30056
On a motion by Duggan, seconded by Brosnan, it was
#159-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 7, 1997, which transmits
its resolution 2-23-97, adopted on February 4, 1997, with regard to
Petition 96-9-2-27, submitted by Professional Engineering Associates
requesting waiver use approval to construct a motel facility on property
located on the east side of Middlebelt Road between Plymouth Road and
the CSX Railroad in the Southwest 1/4 of Section 25, which property is
zoned C-2, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 96-9-2-27 is hereby
approved and granted, subject to a height variance being granted by the
Zoning Board of Appeals and to the following additional conditions
1 That the Site and Landscape Plan marked Sheet C2-1 dated
February 4, 1997, prepared by Spitznager, Architects, which is
hereby approved, shall be adhered to,
2. That the Building Elevation Plan marked Sheet A5 1 dated
February 4, 1997, prepared by Spitznager, Architects, which is
hereby approved, shall be adhered to,
3 That the Lighting and Satellite Dish Detail Plan marked Sheet E2.1
dated February 4, 1997, prepared by Spitznager, Architects, which
is hereby approved, shall be adhered to, and, further, that the
parking lot standards shall not exceed a total height of twenty (20)
feet;
4 That the landscaping shown on the approved site plan shall be
installed prior to final inspection and shall thereafter be
permanently maintained in a healthy condition,
5 That a final Sign Plan shall be submitted to the Planning
Commission and City Council for approval prior to the issuance of
a sign permit;
6 That the exterior of the building shall have an all-brick finish as
stated in the petitioner's letter dated January 31, 1997, and
7 That a hard-wired smoke alarm system, monitored by a central
station, shall be installed for each unit.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Taylor, Duggan, and Laura.
NAYS Vandersloot, McGee, and Feenstra.
30057
The President declared the resolution adopted
Todd Turner, Director of Real Estate for Extended Stay America -was present to
represent the petitioner and answer any questions raised
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#160-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 7, 1997, which transmits
its resolution 2-18-97, adopted on February 4, 1997, with regard to
Petition 96-12-2-32, submitted by Chen Jian Zhong requesting waiver use
approval to operate a full service restaurant in an existing building located
in the Civic Center Plaza on the south side of Five Mile Road, west of
Farmington Road, in the Northeast 1/4 of Section 21, which property is
zoned C-2, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 96-12-2-32 is hereby
approved and granted, subject to the following conditions.
1 That the proposed restaurant shall be limited to no more than 98
customer seats, and
2 That the site and building maintenance items referred to in a letter
dated January 16, 1997, from the Inspection Department shall be
corrected prior to final inspection
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#161-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 6, 1996, which sets forth
its resolution 11-215-96 adopted on November 19, 1996, with regard to
Petition 96-7-1-15, submitted by the City Planning Commission, pursuant
to Council Resolution 398-96, for a change of zoning of property located
at 19810 Farmington Road and 19730 Farmington Road in the West 1/2
of Section 3, from OS and R-3A to R-C or R-9, and the Council having
conducted a public hearing with regard to this matter on February 10,
1997, pursuant to Council Resolution 1173-96, the Council does hereby
refer the subject of multiple uses for this property (R-3, R-C and R-9) to
the Planning Department for its report and recommendation
Rosemary Gonzales, 14208 Sarasota, with the Gaudior Academy - indicated
they are a charter school with a present enrollment of 74 students, and that they would
be very interested in working with the City to establish an educational center of the arts
at this location in Livonia, and
30058
Cathy Andrek, 19949 Mayfield - requested a possible right-of-way to Jaycee
Park off of Farmington Road to eliminate some existing problems
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#162-97 RESOLVED, that the Council does hereby refer to the
Planning Commission for its report and recommendation the subject of the
implementation on size restrictions on condominiums by requiring a letter
suffix designation to control density in said zoning district.
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was
#163-97 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 3,
1996, submitted pursuant to Council Resolution 636-96, and the report
and recommendation of the Livonia Citizens Advisory Committee on the
Enactment of an Ethics Ordinance, dated November 18, 1996, and a
public hearing having been held on February 10, 1997, the Council does
hereby refer this matter to the City's labor counsel (the law firm of Riley
and Roumell) to render an opinion with regard to whether or not there is a
violation of any kind of the Public Employment Relations Act and/or any
collective bargaining agreements and to review the correspondence from
Lt. Sherman, dated January 23, 1997, and the opinion of the Livonia
Police Officers Association legal counsel, dated February 7, 1997, and,
also, whether the ordinance conforms to Chapter V, Section 16(j), of the
Livonia City Charter
On a motion by McGee, seconded by Vandersloot, it was.
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 3,
1996, submitted pursuant to Council Resolution 636-96, and the report
and recommendation of the Livonia Citizens Advisory Committee on the
Enactment of an Ethics Ordinance, dated November 18, 1996, and a
public hearing having been held on February 10, 1997, the Council does
hereby refer this matter to the Legislative Committee for its report and
recommendation.
McGee and Vandersloot withdrew their motions on the foregoing resolution, as it was
mentioned that this matter is already in committee
30059
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#164-97 RESOLVED, that having considered a communication from
the Department of Law, dated February 4, 1997, approved for submission
by the Mayor, submitted pursuant to Council Resolution 928-96,
transmitting for Council acceptance a Warranty Deed dated January 31,
1997, executed by Matthew C and Theresa A. Pyle, conveying to the City
certain property described as follows
The North 350 feet of Lot 529, Supervisor's Livonia
Plat No 9, as recorded in Liber 66, Page 60 of
Plats, Wayne County Records. 120-02-0529-000
(part of)
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Warranty Deed, and the City Clerk is hereby requested to
do all other things necessary or incidental to fulfill the purpose of this
resolution
Duggan left the podium at 9•08 p m in order to avoid a perceived impropriety regarding
the following agenda items.
On a motion by Feenstra, seconded by Taylor, it was
#165-97 RESOLVED, that having considered a communication from
the City Assessor, dated January 22, 1997, approved for submission by
the Mayor, with regard to a request from Leo Soave, 34822 Pembroke,
Livonia, Michigan 48152, and in accordance with the provisions of 1967
PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby approve of the proposed division of
Tax Item No 46-043-99-0025-000 into two (2) parcels, the legal
descriptions of which shall read as follows
PARCEL A.
Part of the S W 1/4 of Section 11, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, described as beginning at a point on
the North line of Six Mile Road (120' wide), distant S 89°39' W , 286 57
ft. and N 0°14' W , 60 ft. from the South 1/4 corner of Section 11 and
proceeding thence N 0°14' W , 861 23 ft., thence N 89°36'39" W ,
157 32 ft., thence S 0°14' E , 741 34 ft., thence N 89°39' E , 97 32 ft.,
thence S 0°14' E , 120 ft. to the North line of Six Mile Road, thence along
said North line N 89°39' E , 60 ft. to the point of beginning
30060
PARCEL B.
Part of the S W 1/4 of Section 11, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, described as beginning at a point on
the North line of Six Mile Road (120' wide), distant S 89°39' W , 286 57
ft. and N 0°14' W , 60 ft. and S 89°39' W , 60 ft. from the South 1/4
corner of Section 11 and proceeding thence N 0°14' W , 120 ft., thence
S 89°39' W , 97 32 ft., thence S 0°14' E., 120 ft. to the North line of Six
Mile Road, thence along said North line N 89°39' E , 97 32 ft to the point
of beginning.
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Feenstra, and Laura.
NAYS None
The President declared the resolution adopted
On a motion by Taylor, seconded by Brosnan, it was.
#166-97 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 7, 1997, which transmits
its resolution 2-21-97, adopted on February 4, 1997, with regard to the
proposed preliminary plat of 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, and the preliminary plat having been approved
by the City Planning Commission on February 4, 1997, the Council does
hereby approve of the said preliminary plat based upon the same
conditions as those set forth in the aforesaid Planning Commission action
and subject to the receipt of a report and recommendation by the City
Engineer relative to the development plans and specifications for the
improvements therein, and the financial assurances guaranteeing the
satisfactory installation of such improvements
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Feenstra, and Laura.
NAYS None
The President declared the resolution adopted.
30061
On a motion by Feenstra, seconded by Brosnan, it was
#167-97 RESOLVED, that Leo Soave, 34822 Pembroke, Livonia, MI
48152, as proprietor, having requested the City Council to approve the
proposed preliminary plat of the following subdivision Cross Winds Court
Subdivision, to be located on the north side of Six Mile Road between
Stamwich and Merriman in the Southwest 1/4 of Section 11, City of
Livonia, Wayne County, Michigan, the said proposed preliminary plat
being dated August 26, 1996, 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 July 9, 1996, and it
further appearing that such preliminary plat, together with development
plans and specifications for improvements therein have been examined
and approved by the Engineering Department as is set forth in the report
of that department dated February 18, 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;
(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
30062
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 $318,000 00 of which at least
$ 10,000 00 shall be in cash
B Sidewalk Bond $ 37,000 00 of which at least
$ 5,000 00 shall be in cash
C Grading & Soil Erosion $ 2,500 00 cash
D Entrance Marker/ $ 7,500 00 of which at least
Landscaping $ 3,000 00 shall be in cash
E Monuments & Lot Markers $ 1,135 00 (all cash)
and require cash payments in the total amount of $29,055 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.
30063
A roll call vote was taken on the foregoing resolution with the following result:
I:
ow
AYES Brosnan, Vandersloot, McGee, Taylor, Feenstra, and Laura.
NAYS None
The President declared the resolution adopted
On a motion by Feenstra, seconded by Brosnan, it was
#168-97 RESOLVED, that the Council having considered a
communication from the City Engineer, dated February 11, 1997,
approved for submission by the Mayor, submitted pursuant to the
requirements set forth in Section 16 24 310 of the Livonia Code of
Ordinances, as amended, wherein it is required that street lighting with
underground wiring shall be provided in all subdivisions in conformity with
the standards prescribed, and the City Engineer having ascertained the
assessed valuation of all property affected by the proposed improvement
with regard to Lakeside Estates Subdivision located in the Southeast 1/4
of Section 33, T 1S , R.9E., City of Livonia, Wayne County, Michigan, and
such report having indicated the number of parcels which show tax
delinquencies, the number of parcels owned by public authorities, the
number of parcels which are vacant, and having prepared and caused to
be prepared plans and specifications therefor and an estimate for the cost
thereof, and to file the same with the City Clerk together with his
recommendation as to what proportion of the cost should be paid by
special assessment and what part, if any, should be a general obligation
of the City, the number of installments in which assessments may be paid
and the lands which should be included in the proposed special
assessment district, and it appearing to the Council that all of such
information, estimate, plans, specifications and recommendations have
been properly filed by the City Engineer with the City Clerk under date of
February 11, 1997, and that there has been a full compliance with all of
the provisions of Section 3 08 060 of the Livonia Code of Ordinances, as
amended, the Council does hereby set Wednesday, April 23, 1997, at
7 00 p m as the date and time for a public hearing on the necessity for
such proposed improvement, which public hearing shall be held before
the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, pursuant to Section 3 08 070 of said Livonia Code of
Ordinances, as amended, and the City Clerk is hereby authorized to give
notice and publication of such hearing as is required by Section 3 08 070
of said Code
A roll call vote was taken on the foregoing resolution with the following result:
amp AYES Brosnan, Vandersloot, McGee, Taylor, Feenstra, and Laura
NAYS None
30064
The President declared the resolution adopted
No one from the audience wished to speak during the audience
communication portion of the meeting.
Councilmember Brosnan congratulated St. Mary Hospital on the success
of their open house and tour of the new west addition, which is a "Mother and Infant
Care" division, and also congratulated Debbie and Steve Tracy (sister and brother-in-
law) on the new addition to their family, little Cameron Michael Tracy
On a motion by McGee, seconded by Vandersloot, and unanimously
adopted, this 1,339th Regular Meeting or the Council of the City of Livonia was
adjourned at 912 p m., February 26, 1997
-4.666uf
J•,5 McCotter, City Clerk