HomeMy WebLinkAboutCOUNCIL MINUTES 1996-04-24 29471
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND NINETEENTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On April 24, 1996, 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; Raul Galindo, City Engineer; Sean Kavanagh, City Attorney; Joan
McCotter, City Clerk, Karen A. Szymula, Director of Legislative Affairs, Michael T
Slater, Finance Director; Robert J Beckley, Director of Public Works, Ronald Reinke,
Superintendent of Parks and Recreation, and Linda McCann, Director of Community
Resources
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was
#382-96 RESOLVED, that the minutes of the 1,318th Regular
Meeting of the Council of the City of Livonia, held April 10, 1996, are
hereby approved as submitted
During the audience communication portion of the meeting, the following
individuals spoke
1) Lee Johnson, 19803 Melvin - complained about flooding on a City-owned
easement and the impassability of Bretton many times He indicated the need for
maintenance of this easement to prevent further flooding
2) Richard Cooke, 14123 Cardwell - remarked about a problem with speeders
between Lyndon and Buckingham north of 1-96 He indicated he wanted either a "mph"
flashing sign or Police presence in this area
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3) Michael Driscoll, 19229 Shadyside - thanked the Council for bringing various
items out of committee, one of which was the ethics ordinance He also indicated he
wished to address Item #16 on the Consent Agenda
4) Dick Woltman, 30215 Bobrich - complained about power outages in the
Brookview Estates area where new construction is going on
At the direction of the Chair, Item #16 was removed from the Consent
portion of the Agenda.
On a motion by Taylor, seconded by Feenstra, it was
#383-96 RESOLVED, that having considered an application from
Sandy O'Halloran, 28640 Grandon, dated April 1, 1996, requesting
permission to close Grandon, between Harrison and Brentwood, on
Sunday, June 9, 1996, from 12 00 p m to 9.30 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 16, 1996, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#384-96 RESOLVED, that having considered an application from
Kathleen A. Fitzgerald, 9917 Cranston, dated April 5, 1996, requesting
permission to close Cranston, between Elmira and Orangelawn, on
Monday, May 27, 1996, from 12 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
#385-96 RESOLVED, that having considered a letter from Timothy G
Jenkins, Coordinator of the Livonia Free Fair, dated April 4, 1996,
wherein a request is submitted for a fireworks display permit, pursuant to
1968 PA 358, to be held at Schoolcraft College on Sunday, June 9, 1996,
the Council does hereby approve of the fireworks display in the manner
and form herein submitted, subject to liability insurance in the amount of
$1,000,000 00 being provided for this event
#386-96 RESOLVED, that having considered a communication from
the City Assessor, dated March 13, 1996, approved for submission by the
Mayor, with regard to a request from Mr Velko Stevanovich of 40745 N
Northville Trail, Northville, Michigan 48167, 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 46-089-01-0011-000 into two parcels,
the legal description of which shall read as follows
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Parcel A.
Lot 11, B E Taylor's Green Acres, T 1 S , R 9E , recorded in Liber 69,
Page 75 Plats, W C R
Parcel B.
Lot 12, B E Taylor's Green Acres, T 1 S , R 9E , recorded in Liber 69,
Page 75 Plats, W C R
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds, provided, however, that to the
extent required by law and City ordinance, the action herein is made
subject to the approval of the Zoning Board of Appeals
#387-96 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated April 3, 1996, approved
for submission by the Mayor, and to which is attached a list of
adjustments required for the 1996 budget, the Council does hereby
authorize the said budget adjustments and transfers in the manner and
form set forth in the attachment.
#388-96 RESOLVED, that having considered the report and
recommendation of the Acting Chief of Police, dated March 21, 1996,
which bears the signature of the Finance Director and is approved for
submission by the Mayor, with respect to additional work to be completed
in connection with the new communications center at the Police Station,
previously authorized in Council Resolution 50-96, the Council does
hereby approve the request for such additional work as indicated in the
aforesaid communication and does hereby authorize the expenditure of
an additional sum of $3,128 75 from Account No 261-000-818-000 to be
paid to the contractor, Bedzyk Brothers, Inc , for this purpose
#389-96 RESOLVED, that having considered a communication from
the Mayor, dated March 28, 1996, submitted pursuant to Section 2 48 020
of the Livonia Code of Ordinances, as amended, with regard to the
reappointment of Mr Richard Hayward, 17159 Loveland, Livonia,
Michigan 48152, as a member of the Local Officers Compensation
Commission for a term which shall expire on April 2, 2003, the Council
does hereby confirm the reappointment of Mr Hayward
#390-96 RESOLVED, that having considered a communication from
the Mayor, dated March 28, 1996, submitted pursuant to Section 2 48 020
of the Livonia Code of Ordinances, as amended, with regard to the
reappointment of Mr Robert Lambert, 11241 Karen, Livonia, Michigan
48150, as a member of the Local Officers Compensation Commission for
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a term which shall expire on April 2, 2002, the Council does hereby
confirm the reappointment of Mr Lambert.
#391-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 27, 1996,
which bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of one (1) 1996 cab and chassis complete with installed 10-12
yard dump body and hoist, tailgate salt spreader, underbody scraper
blade, truck hydraulic system and front snowplow hitch with snowplow, for
use by the Public Service Division (Equipment Maintenance Section),
from Motor City Ford Truck, Inc , 39300 Schoolcraft Road, P 0 Box 9246,
Livonia, Michigan 48150-9246, for the net price of$88,695 00, based on
a total price of $91,695 00 less trade-ins of $3,000 00, from funds already
budgeted in Account No 101-446-985-000 for this purpose, FURTHER,
the Council does hereby determine the aforesaid bid to be a better bid
than the bid submitted by Wolverine Truck Sales for the reasons
indicated in the aforesaid communication, and the action taken herein
being made in accordance with Section 3 04 140E of the Livonia Code of
Ordinances, as amended
#392-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 2, 1996,
which bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby accept the bid of Wink
Chevrolet Co , 10700 Ford Road, Dearborn, Michigan 48126, for
supplying the Public Service Division (Equipment Maintenance Section)
with two (2) 1996 cabs and chassis complete with installed 5-7 yard dump
bodies and hoists, tailgate salt spreaders, underbody scraper blades,
truck hydraulic systems, and front snowplow hitches with snowplows for a
net price of$138,359 46, based on a total price of $144,559 46 less
trade-ins of $6,200 00, the same having been in fact the lowest bid
received which meets all specifications, and the bid of Red Holman GMC
is hereby rejected for the reasons indicated in the attachment.
#393-96 RESOLVED, that having considered a communication from the
City Engineer and the Superintendent of Parks and Recreation, dated
April 8, 1996, which bears the signature of the Finance Director and is
approved for submission by the Mayor, requesting an additional
appropriation for additional costs incurred in connection with the Ford
Field Ball Diamond Lighting Improvements (Contract 95-T) previously
authorized in Council Resolutions 655-95 and 826-95, the Council does
hereby appropriate and authorize the expenditure of an additional sum of
$10,750 58 from the Unexpended Fund Balance of Fund 401 (Capital
Projects) to be paid to General Electric Contracting, Inc for the reasons
indicated in the aforesaid communication.
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#394-96 RESOLVED, that having considered a communication from
the City Engineer, dated April 3, 1996, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, relative
to the widening of Eight Mile Road between Farmington and Halsted
(Newburgh) Roads and the submission of a joint application for an ISTEA
enhancement grant to obtain the $150,000 00 project cost for landscaping
efforts of both sides of Eight Mile Road, the Council does hereby endorse
the joint cooperation between the City of Livonia, the City of Farmington
Hills, the County of Wayne and the County of Oakland as participants in
an enhancement grant application for landscaping wherein it is estimated
that the share for each city would be $10,000 00 with the grant paying the
remainder, said $10,000 00 to be appropriated from the Major Road
Account of the Michigan Transportation Fund, FURTHER, it will also be
the responsibility of the City of Livonia to maintain the landscaping
improvements within the City of Livonia
#395-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 3, 1996, which bears
the signature of the Finance Director and is approved for submission by
the Mayor, the Council does hereby accept the unit price bid of
Continental Contractors, Inc , 24258 Sorrentino Court, Clinton Township,
Michigan 48035, for completing all work in connection with the 1996 Lane
Line Marking Program for the estimated total cost of$27,256 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 authorize the expenditure of such
sum from funds already budgeted for this purpose in the Michigan
Transportation Fund (Major Road Account), 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
#396-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 2, 1996, which bears
the signature of the Finance Director and is approved for submission by
the Mayor, with regard to the installation of sidewalks on Seven Mile Road
between Haggerty and Newburgh Roads, as authorized in Council
Resolution 91-95, the Council does hereby authorize a change order in
the amount of $24,560 00 to the 1995 Sidewalk Program (Contract 95-E)
payable to Hard Rock Concrete, Inc. for this purpose, FURTHER, the
Council does hereby authorize the expenditure of such amount from the
Major Road Account of the Michigan Transportation Fund.
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A communication from the Engineering Department, dated March 18,
1996, re notification of residents of oil and gas testing and/or other projects taking
place on City streets was received and placed on file for the information of the Council
(CR 123-96)
#397-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 18, 1996, approved
for submission by the Mayor, submitted pursuant to Council Resolution
123-96, regarding notification of the Mayor, City Clerk and residents
regarding oil and gas testing and/or other projects taking place on City
streets, the Council does hereby refer this matter to the Legislative
Committee for its report and recommendation
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 Brosnan, seconded by Taylor, and unanimously adopted,
it was'
#398-96 RESOLVED, that having considered a communication from
Council Vice President Maureen Miller Brosnan, dated April 8, 1996, the
Council does, in accordance with Section 23 01(a) of Zoning Ordinance
543, hereby request that the City Planning Commission conduct a public
hearing and thereafter submit its report and recommendation on the
question of whether certain property located at 19810 Farmington Road
(Tax Item No 010-99-0020-000) and 19730 Farmington Road (Tax Item
No 011-99-0001-000) should be rezoned from OS and R-3A to a more
appropriate zoning classification such as R-C (Condominium Residential)
or R-9 (Housing for the Elderly - Two Stories)
From the audience, Michael Driscoll, 19229 Shadyside, was concerned about
what was motivating this possible rezoning change
A report and recommendation from the Public Service Division, dated
April 2, 1996, re an amended request of Council Resolution #102-96 for the purchase
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of one (1) passenger van through the State Bid Process was received and placed on
file for the information of the Council
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#399-96 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated April 2,
1996, submitted pursuant to Council Resolution 102-96, and the report
and recommendation of the Director of Public Works, dated January 26,
1996, which bears the signature of the Finance Director and is approved
for submission by the Mayor, concerning the proposed purchase of one
(1) 1996 Ford E-350 Super Club Wagon, the Council does hereby
determine to take no further action with respect to the proposed purchase
of a 1996 Ford E-350 Super Club Wagon
On a motion by Vandersloot, seconded by Brosnan, it was
#400-96 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated April 2,
1996, submitted pursuant to Council Resolution 102-96, and the report
and recommendation of the Director of Public Works, dated April 2, 1996,
which bears the signature of the Finance Director and is approved for
submission by the Mayor, requesting authorization for the purchase of
one (1) 1996 Ford E-350 Super Duty 3-Yard Dump Truck, including an
installed 9 2 Boss V-Plow, the Council does hereby determine to deny
said request.
A roll call vote was taken on the foregoing resolution with the following result.
AYES Duggan, Feenstra, Brosnan, Vandersloot, Taylor, and Laura.
NAYS McGee
The President declared the resolution adopted
The new information and new phases of the Alexander Blue House,
submitted by Architect Robert K. Seymour, dated April 2, 1996, was received and
placed on file for the information of the Council (CR 91-96)
On a motion by Vandersloot, seconded by McGee, and unanimously
adopted, it was
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#401-96 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated April 2,
1996, submitted pursuant to Council Resolution 91-96, and a
communication from Robert K. Seymour, Architect, dated April 2, 1996,
with respect to architectural design plans for construction work for the
Alexander Blue House, the Council does hereby refer the subject of a
feasibility study of the marketing potential (i e , determine size and
capacity of proposed addition) of the Alexander Blue House to the
Department of Community Resources and the Historical Commission for a
report and recommendation, the same to be submitted to the City Council
within sixty (60) days
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#402-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 9, 1996,
submitted pursuant to Council Resolution 179-95, and a communication
from Councilmember Sean P Kavanagh, dated March 9, 1995, with
respect to the feasibility of building an all-season indoor sports complex
to be paid for by user fees, the Council does hereby refer this subject to
the Capital Improvement Committee for its report and recommendation
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#403-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 9, 1996,
submitted pursuant to Council Resolution 179-95, and a communication
from Councilmember Sean P Kavanagh, dated March 9, 1995, with
respect to the feasibility of building an ail-season indoor sports complex
to be paid for by user fees, the Council does hereby refer this subject to
the City Council/Schools Liaison Committee for its report and
recommendation
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 7 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 95-5-1-11)
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The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
On a motion by Taylor, seconded by Duggan, it was
#404-96 RESOLVED, that having considered the report and
recommendation of the Engineering Department, dated April 8, 1996, and
submitted pursuant to Council Resolution 151-96, the Council does
hereby refer back to the Engineering Department for further investigating
the matter of a possible new street from the Quakertown Subdivision
opposite Country Club Drive, FURTHER, the Council does hereby refer to
the Streets, Roads and Plats Committee for its report and
recommendation this matter, as well as the other matters contained in the
Engineering Department's report and recommendation of April 8, 1996
A roll call vote was taken on the foregoing resolution with the following result.
AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Taylor
NAYS Laura
The President declared the resolution adopted
On a motion by Feenstra, seconded by Duggan, it was
#405-96 RESOLVED, that the Council does hereby receive and file
the report and recommendation of the Engineering Department, dated
April 8, 1996, with respect to Council Resolutions 146-96, 147-96, 148-
96, 149-96, 151-96, and 152-96, FURTHER, the Council does hereby
refer these matters to the Streets, Roads and Plats Committee for its
report and recommendation
A roll call vote was taken on the foregoing resolution with the following result.
AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Taylor
NAYS Laura.
The President declared the resolution adopted
McGee gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 14 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
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AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 95-9-1-20)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein. The above
Ordinance was placed on the table for consideration at the next regular meeting
Vandersloot gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 9 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 95-10-1-21)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 8 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 95-10-1-22)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 20 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 95-10-1-23)
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The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 21 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE Ill
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 95-10-1-24)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SUBSECTIONS (a)2 AND (b)2
OF SECTION 18 50H OF ARTICLE XVIII OF ORDINANCE NO
543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" (Petition 95-9-6-8)
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
On a motion by Vandersloot, seconded by Brosnan, it was
#406-96 RESOLVED, that having considered a letter from Michael A.
Rupp, 15617 Hidden Lane, dated March 27, 1996, requesting the
improvement of Hidden Lane (located at the northwest corner of Five Mile
and Middlebelt Roads) and before determining to undertake such
improvement, the cost of which is to be defrayed by special assessment,
the City Engineer is hereby requested to ascertain the assessed valuation
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of all property affected by the proposed improvement, the number of
parcels which show tax delinquencies, the number of parcels owned by
public authorities, the number of parcels which are now vacant, and to
prepare and cause to be prepared, plans and specifications therefor and
an estimate of 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, pursuant to the provisions of Section
3 08 060 of the Livonia Code of Ordinances, as amended
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 Taylor, and unanimously adopted,
it was
#407-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 4, 1996, which transmits its
resolution 4-52-96, adopted on April 2, 1996, with regard to Petition 96-3-
8-4, submitted by Botsford General Hospital requesting approval of all
plans in connection with a proposal to construct an Oncology Center on
property located at 28425 Eight Mile Road in the Northwest 1/4 of Section
1, pursuant to the provisions set forth in Section 18 58 of Ordinance No
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 96-3-8-4 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet SP-1, dated March 19, 1996,
prepared by Harley Ellington Design, is hereby approved and shall
be adhered to,
2. That the landscaping shown on the approved Site Plan, as well as
Sheet SP-2, dated March 19, 1996, prepared by Harley Ellington
Design, is hereby approved and shall be adhered to, and
3 That the Building Elevation Plan marked Sheet SP-5, dated March
19, 1996, prepared by Harley Ellington Design, is hereby approved
and shall be adhered to
On a motion by Brosnan, seconded by Duggan, it was
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RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 9, 1996, approved
for submission by the Mayor, and a communication from Gerard Lautner,
Nextel Communications, 300 Galleria Officentre, Suite 301, Southfield,
Michigan 48034, with regard to the proposed lease of City-owned
property located at the Whispering Willows Golf Course for the
installation of a communications tower by Powerphone, Inc , d/b/a Nextel
Communications, the Council does hereby refer this item to the Capital
Improvement Committee for its report and recommendation
On a motion by Feenstra, seconded by Duggan, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution which would approve the lease of City-owned
property to Powerphone, Inc , d/b/a Nextel Communications, and which
would refer to the Capital Improvement Committee for its report and
recommendation the subject matter of establishing a policy with respect to
future negotiations of communications towers in the City of Livonia in lieu
of the foregoing resolution
A roll call vote was taken on the motion to substitute with the following result:
AYES Feenstra, Vandersloot, and Laura
NAYS Duggan, Brosnan, McGee, and Taylor
The President declared the motion to substitute denied
A roll call vote was then taken on the originally proposed resolution by Brosnan,
seconded by Duggan, as follows
#408-96 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 9, 1996, approved
for submission by the Mayor, and a communication from Gerard Lautner,
Nextel Communications, 300 Galleria Officentre, Suite 301, Southfield,
Michigan 48034, with regard to the proposed lease of city-owned property
located at the Whispering Willows Golf Course for the installation of a
communications tower by Powerphone, Inc., d/b/a Nextel
Communications, the Council does hereby refer this item to the Capital
Improvement Committee for its report and recommendation
with the following result.
AYES Duggan, Feenstra, Brosnan, Vandersloot, McGee, and Taylor
NAYS Laura
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The President declared the resolution adopted
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#409-96 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated February 2, 1996, 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 3,
1996, 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
100-watt high pressure sodium lights on colonial post tops with
underground wiring in the Camborne Pines Subdivision, City of
Livonia, Wayne County, Michigan, as described in said statement,
and to defray the cost of such improvement by special assessment
upon the property especially benefited in proportion to the benefits
derived or to be derived,
(3) approve the plans and specifications for said improvement as set
forth in said statement dated February 2, 1996,
(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 being more particularly described as
Lots 1 thru 16, both inclusive, in Camborne Pines Subdivision as
recorded in Liber 108, Pages 42 and 43, Wayne County Records,
said subdivision being a part of the N W 1/4 of Section 13, T 1 S ,
R. 9 E , City of Livonia, Wayne County, Michigan, and also Tax
Parcel No 050-99-0054-003
(7) direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statements as
prepared by the City Engineer dated February 2, 1996, and
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(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
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#410-96 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated February 5, 1996, 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 3,
1996, 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
100-watt high pressure sodium lights on davitt poles with
underground wiring in the Oakcrest Villas Subdivision, City of
Livonia, Wayne County, Michigan, as described in said statement,
and to defray the cost of such improvement by special assessment
upon the property especially benefited in proportion to the benefits
derived or to be derived,
(3) approve the plans and specifications for said improvement as set
forth in said statement dated February 5, 1996,
(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 being more particularly described as
Lots 1 thru 19, both inclusive, in Oakcrest Villas Subdivision as
recorded in Liber 108, Pages 94 thru 96, Wayne County Records,
said subdivision being a part of the S E 1/4 of Section 11, T 1 S ,
29486
R. 9 E , City of Livonia, Wayne County, Michigan, and also Tax
Parcel Nos 044-99-0037-002 and 044-99-0037-003
(7) direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statements as
prepared by the City Engineer dated February 5, 1996, and
(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
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#411-96 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated February 14, 1996, 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 3,
1996, 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
100-watt high pressure sodium lights on colonial post tops with
underground wiring in the Hillcrest Court Development, City of
Livonia, Wayne County, Michigan, as described in said statement,
and to defray the cost of such improvement by special assessment
upon the property especially benefited in proportion to the benefits
derived or to be derived,
(3) approve the plans and specifications for said improvement as set
forth in said statement dated February 14, 1996,
(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,
29487
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
A Special Assessment District described as Lot 2, except the West
53 feet thereof, all of Lots 3 thru 7 inclusive, and all of Lot 21, B E
Taylor's Green Acres, being a subdivision of part of the North 1/2
of Section 23, T 1 S , R. 9 E , Livonia Township (now City of
Livonia), Wayne County, Michigan, as recorded in Liber 69, Page
75 of Wayne County Records
(7) direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statements as
prepared by the City Engineer dated February 14, 1996, and
(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
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#412-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 16, 1996, which sets forth
its resolution 2-21-96 adopted on February 13, 1996, with regard to
Petition 95-11-1-26, submitted by Leo Soave for a change of zoning of
property located on the north side of Six Mile Road between Stamwich
Boulevard and Merriman Road in the Southwest 1/4 of Section 11, from
RUFC to R-3, and the Council having conducted a public hearing with
regard to this matter on April 8, 1996, pursuant to Council Resolution 143-
96, the Council does hereby approve Petition 95-11-1-26, as amended,
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
From the audience, Patti VanDongen, 30523 Boorich, submitted an agreement
made between and signed by Leo Soave and the neighbors adjoining Mr Soave's
29488
proposed development regarding the aforementioned rezoning petition, and indicated
they were withdrawing their protest on this matter
Vendersloot left the podium at 912 p m in order to avoid a perceived impropriety
regarding the next Agenda item
On a motion by Taylor, seconded by Feenstra, it was
#413-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 16, 1996, which sets forth
its resolution 2-22-96 adopted on February 13, 1996, with regard to
Petition 96-1-1-1, submitted by Ashley Construction Company for a
change of zoning of property located on the south side of Lyndon Avenue
between Newburgh Road and Stonehouse Avenue in the Southeast 1/4 of
Section 19, from RUF to R-3, and the Council having conducted a public
hearing with regard to this matter on April 8, 1996, pursuant to Council
Resolution 143-96, the Council does hereby approve Petition 96-1-1-1 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 Duggan, Feenstra, Brosnan, McGee, Taylor, and Laura
NAYS None
The President declared the resolution adopted
Vandersloot returned to the podium at 9 13 p m.
On a motion by Feenstra, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated February 16, 1996, which sets forth
its resolution 2-23-96 adopted on February 13, 1996, with regard to
Petition 95-12-2-35 submitted by West Livonia Congregation of Jehovah's
Witnesses requesting waiver use approval to construct a church on
property located on the west side of Merriman Road between Norfolk
Avenue and Fairfax in the Northeast 1/4 of Section 3, which property is
zoned RUFA, and the Council having conducted a public hearing with
regard to this matter on April 3, 1996, pursuant to Council Resolution 144-
29489
96, the Council does hereby reject the recommendation of the City
Planning Commission and said Petition 95-12-2-35 is hereby approved
and granted
The President declared the resolution denied for lack of support.
On a motion by McGee, seconded by Duggan, it was
#414-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 16, 1996, which sets forth
its resolution 2-23-96 adopted on February 13, 1996, with regard to
Petition 95-12-2-35 submitted by West Livonia Congregation of Jehovah's
Witnesses requesting waiver use approval to construct a church on
property located on the west side of Merriman Road between Norfolk
Avenue and Fairfax in the Northeast 1/4 of Section 3, which property is
zoned RUFA, and the Council having conducted a public hearing with
regard to this matter on April 3, 1996, pursuant to Council Resolution 144-
96, the Council does hereby concur in the recommendation of the City
Planning Commission and said Petition 95-12-2-35 is hereby denied, for
the same reasons as those set forth in the action taken by the Planning
Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Duggan, Brosnan, Vandersloot, McGee, and Taylor
NAYS Feenstra and Laura.
The President declared the resolution adopted
Sharon Snodgrass, legal counsel for West Livonia Congregation of Jehovah's
Witnesses, stated that by denying this waiver use request, the Council was actually
rezoning from RUF to a residential classification, and she felt that was wrong
On a motion by Taylor, seconded by Vandersloot, and unanimously
adopted, it was
#415-96 RESOLVED, that having considered a communication from
the Department of Law, dated April 8, 1996, transmitting for Council
acceptance one Quit Claim Deed and two Grants of Easement, more
particularly described as follows
(1) Quit Claim Deed, dated March 1 , 1996, executed by Melvin M
Kaftan to the City of Livonia for
29490
Part of the S E 1/4 of Section 11, T 1 S , R. 9 E., City of Livonia,
Wayne County, Michigan, described as follows
Commencing at the S E corner of Section 11, T 1 S R. 9 E , City
of Livonia, Wayne County, Michigan, thence along the South line
of said Section 11, N 89°58'03" W , 826 27 feet; thence N
00°19'49" W , 60 00 feet to the point of beginning of the parcel
herein described, thence continuing N 00°19'49" W , 600 09 feet;
thence N 89°56'07" E , 55 00 feet; thence S 00°19'49" E , to a
point on the Northerly right-of-way line of Six Mile Road (120 00
feet wide), 600 18 feet; thence along a line parallel to and 60 00
feet Northerly of the South line of said Section 11, N 89°58'03" W
55 00 feet to the point of beginning (Brookview Drive Right-of-
Way, Part of 044-99-0034-000)
(2) Grant of Easement, dated March 1, 1996, executed by Melvin M.
Kaftan, to the City of Livonia for
Storm Sewer Easement.
An easement for construction and maintenance of Storm Sewers
on, over and across part of the Northwest 1/4 of Section 11, T 1
S , R. 9 E , City of Livonia, Wayne County, Michigan, said
easement being 20 00 feet in width lying 10 00 feet on each side of
the following described centerline
Commencing at the Southeast corner of Section 11, T 1 S , R. 9
E., City of Livonia, Wayne County, Michigan, thence along the
South line of said Section 11, N 89°58'03" W , 661 18 feet; thence
N 00°18'05" West, 60 00 feet; thence N 89°58'03" W , 110 12
feet; thence N 00°19'49" West, 423 98 feet to the point of
beginning of the centerline of the easement 20 00 feet in width
herein described, thence N 89°4011" East, 92 33 feet; thence
South 00°18'05" East, 289 80 feet to the point of ending of the
centerline of the easement 20 00 feet in width (Part of 044-99-
0034-000)
(3) Grant of Easement, dated March 1 , 1996, executed by Melvin M
Kaftan, to the City of Livonia for
Sanitary Sewer Easement:
Twenty foot easement in width 10 00 feet on each side of the
following described centerline
Commencing at the Southeast corner of Section 11, T 1 S , R. 9
E., City of Livonia, Wayne County, Michigan, thence along the
South line of said Section 11, N 89°58'03" West, 661 18 feet,
29491
thence N 00°18'05" West, 60 00 feet, thence N 89°58'03" West,
107 62 feet; to the point of beginning of the centerline of the
easement 20 00 feet in width herein described, thence N
00°19'49" W , 600 19 feet to the point of ending of the centerline of
the easement 20 00 in width (Part of 044-99-0034-000)
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Quit Claim Deed and Grants of Easement, and the City
Clerk is hereby requested to have the same recorded in the Office of the
Register of Deeds and to do all other things necessary or incidental to
fulfill the purpose of this resolution, AND BE IT FURTHER RESOLVED,
that said Brookview Drive is an improved public street and is open for
public street purposes, and FURTHER, that said street is accepted into
the City's Local Street System
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#416-96 RESOLVED, that having considered a communication from
the Department of Law, dated April 11, 1996, the Council does hereby, by
a two-thirds roll call vote in accordance with Section 7(1) of the Open
Meetings Act, direct that a closed Committee of the Whole meeting be
held Wednesday, May 1, 1996, at 6 30 p m for the purposes of
discussing litigation matters and attorney/client privileged
communications in connection with pending litigation
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was
#417-96 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 Feenstra, and unanimously
adopted, it was
#418-96 RESOLVED, that the Council does hereby discharge from
the City Council/Schools Liaison Committee from further consideration of
Council Resolution 353-96 relating to the proposed lease agreement
between the Livonia Public Schools School District and the City of Livonia
for the Whitman School Property
29492
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#419-96 RESOLVED, that the Council does hereby refer to the Law
Department the proposed lease agreement between the Livonia Public
Schools School District and the City of Livonia for the Whitman School
Property for its further consideration
During audience communication, Dianne Marietti, 15044 Fairway,
addressed the need for a pedestrian crossing signal at Five Mile and Levan Roads
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
this 1,319th Regular Meeting of the Council of the City of Livonia was adjourned at 9 52
p m , April 24, 1996
LICI-11, i
J o-n McCotter, City Clerk