HomeMy WebLinkAboutCOUNCIL MINUTES 1996-06-19 29582
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TWENTY-THIRD
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On June 19, 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 McGee delivered the invocation
Roll was called with the following result: Michael P McGee, Gerald
Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan, Val Vandersloot,
and Joe Laura Absent. None
Elected and appointed officials present: Jack E Kirksey, Mayor; John
Nagy, City Planner; Raul Galindo, City Engineer; Sean P Kavanagh, City Attorney;
Ann W Tavolacci, Deputy City Clerk, Karen A. Szymula, Director of Legislative Affairs,
Michael T Slater, Finance Director; and Linda McCann, Director of Community
Resources
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#570-96 RESOLVED, that the minutes of the 1,322nd Regular
Meeting of the Council of the City of Livonia, held June 5, 1996, are
hereby approved as submitted
Boy Scout Troop 897 from Cleveland School and Troop 126 from Redford
were recognized as being present in the audience
During audience communication, Marcus Bass, 18420 Fremont, inquired
about the completion date of the Merriman Road project, as well as the availability of
replacement lids for the City recycling bins
On a motion by McGee, seconded by Taylor, it was
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A communication from the City Clerk, dated June 3, 1996, re the tax rate
levy for the Schoolcraft Community College District for the year 1996 was received and
placed on file for the information of the Council
#571-96 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated June 3, 1996, regarding a
request to change fees charged for voter registration files on computer
diskettes, the Council does hereby approve such request and further
authorizes the release of voter registration files on computer diskettes at
such fee as reflects the actual cost of duplication of such records
#572-96 RESOLVED, that having considered an application from
James Grudt, 36568 Kingsbury, dated May 28, 1996, requesting
permission to close Kingsbury between Comstock and Williams on
Saturday, June 22, 1996, from 12 00 p m to 6 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.
#573-96 RESOLVED, that having considered an application from Sue
Skaggs and Shawn Staff, 13995 Blackburn, dated May 20, 1996,
requesting permission to close Blackburn between Scone and Perth on
Saturday, July 20, 1996, from 2 00 p m to 10 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Saturday, August 31, 1996, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#574-96 RESOLVED, that having considered an application from Ian
MacKenzie, 9253 Woodring, dated May 30, 1996, requesting permission
to close Woodring between Vermont and Oregon on Saturday, August 3,
1996, from 1 00 p m to 1000 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.
#575-96 RESOLVED, that having considered an application from
Anne McLeod, 8866 Lamont, dated May 24, 1996, requesting permission
to close Lamont Street from Joy Road to West Chicago (Ann Arbor Road)
on Saturday, August 24, 1996, from 12 00 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, August 25, 1996, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
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#576-96 RESOLVED, that having considered an application from
Diane Geverink, 34462 Woodvale, dated June 10, 1996, requesting
permission to close Woodvale between Ashurst and Alpine on Saturday,
July 6, 1996, from 2 00 p m to 9.00 p m for the purpose of conducting a
block party, the Council does hereby grant permission as requested,
including therein permission to conduct the said affair on Sunday, July 7,
1996, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
#577-96 RESOLVED, that having considered a letter from Nancy
Kostin, Chairperson of the Frost PTSA Craft Show, dated May 18, 1996,
which requests permission to display two signs announcing the craft
show, which signs are approximately 62" x 31" in size and which will be
located at the corners of Farmington/Lyndon and Schoolcraft/Stark Road,
and which signs would be displayed from October 11, 1996, through
November 3, 1996, the Council does hereby grant and approve this
request in the manner and form herein submitted
#578-96 RESOLVED, that having considered a request from David
Dunn representing Emerald Homes Inc., 24521 W Six Mile Road, Detroit,
Michigan 48219, received in the Office of the City Clerk on May 30, 1996,
requesting to purchase certain City-owned property located on
Broadmoor, Sidwell No 051-01-0243-000, Lots 243-245, the Council
does hereby refer this matter to the Department of Law for its report and
recommendation
A communication from Ralph E Williams, dated May 10, 1996, re a
request to have the Committee of the Whole address the proposed solid waste contract
with a review of costs and practices in nearby communities and with special attention to
the recycling program was received and placed on file for the information of the
Council
#579-96 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated May 16, 1996, approved for
submission by the Mayor, submitted pursuant to Council Resolution 342-
93, with regard to taking bids for regulating private companies that
perform towing services, the Council does hereby refer the subject of the
approval of the contract authorized in Council Resolution 374-95 with
Livonia Towing and certain problems in the area of insurance and
cancellation clauses in connection therewith to the Department of Law for
its report and recommendation
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A communication from the Division of Police, dated May 16, 1996, re a
report and recommendation on personal, portable radios for each patrol officer was
received and placed on file for the information of the Council (CR 505-93)
#580-96 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated May 15, 1996, which bears
the signature of the Finance Director and is approved for submission by
the Mayor, the Council does hereby accept the quoted price from Digital
Equipment Corporation, 39500 Orchard Hill Place, P 0 Box 8017, Novi,
Michigan 48376-8017, in the amount of $92,000 00 for completing all
work in connection with the enhancement of the Public Safety Operations
System, Computer-Aided Dispatch Software, the same to be expended
from forfeiture funds already budgeted in Account Number 265-334-987-
000 for this purpose, FURTHER, the Council does hereby authorize the
said purchase without competitive bidding in accordance with Sections
3 04 140D2 and 3 04 140D4 of the Livonia Code of Ordinances, as
amended
#581-96 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated May 20, 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 Unicorn Developers
and Engineering, 42114 Garfield, Clinton Township, Michigan 48038, for
completing all work in connection with the construction of a training tower
at the Police Range for the sum of $31,960 00, the same 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 $31,960 00 from
funds already budgeted in Account No 265-334-987-000 for this purpose,
and the Chief of Police 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
A communication from the Inspection Department, dated May 21, 1996,
re the building at 29211 Five Mile Road (next to Szechuan Empire Restaurant) was
received and placed on file for the information of the Council (CR 258-95)
A communication from the Inspection Department, dated May 21, 1996,
re the condition of the landscaping at ABC Eyecare (formerly NuVision Optical),
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located at 34901 Plymouth Road, was received and placed on file for the information of
the Council (CR 666-95)
A communication from the Inspection Department, dated May 21, 1996,
re the maintenance of the berms along Six Mile Road from Farmington to Newburgh
was received and placed on file for the information of the Council (CR 695-95)
#582-96 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated May 21, 1996,
approved for submission by the Mayor, submitted pursuant to Council
Resolution 695-95, with respect to the maintenance of berms along Six
Mile Road, the Council does hereby refer the question of the possibility of
removing berms from locations in which homeowners have failed to
properly maintain the berms to the Department of Law for its report and
recommendation.
A communication from the Inspection Department, dated May 21, 1996,
re the maintenance and upkeep of Cockrum's Farm Market located at 35655 Plymouth
Road was received and placed on file for the information of the Council (CR 849-95)
#583-96 RESOLVED, that having considered a communication from
the Director of Community Resources, dated May 29, 1996, which bears
the signature of the Finance Director, is approved by the City Attorney
and is approved for submission by the Mayor, and to which is attached a
proposed agreement for the User-Side Subsidy Transportation Program
(Dial-a-Ride) for senior and handicapped citizens between the City of
Livonia (Northwest Wayne/Oakland Transportation Consortium consisting
of Farmington, Farmington Hills, Northville, Northville Township, Livonia
and the City of Plymouth) and Northwest Transport Co , 31376 Industrial
Road, Livonia, Michigan 48150, for the period July 1, 1996, through June
30, 1997, the Council does, for and on behalf of the City of Livonia,
authorize the Mayor and City Clerk to execute the said agreement in the
manner and form herein submitted, FURTHER, the Council does hereby
authorize the Mayor and City Clerk to execute an agreement with SMART
for support of this program, provided that the agreement is approved as to
form by the Department of Law
#584-96 RESOLVED, that having considered a communication from
the Director of Community Resources, dated May 29, 1996, which bears
the signature of the Finance Director, is approved by the City Attorney
and is approved for submission by the Mayor, and to which is attached a
proposed agreement for shuttle services to Ann Arbor, Ypsilanti and the
adult day care facility in Plymouth Township for senior and handicapped
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citizens, between the City of Livonia, acting for the Northwest
Wayne/Oakland Transportation Consortium (Farmington, Farmington
Hills, Northville, Northville Township, Livonia and the City of Plymouth)
and Child & Family Service of Washtenaw, Inc , 118 S Washington,
Ypsilanti, Michigan 48197, for the period July 1, 1996, through June 30,
1997, the Council does, for and on behalf of the City of Livonia, authorize
the Mayor and City Clerk to execute the said agreement in the manner
and form herein submitted, FURTHER, the Council does hereby authorize
the Mayor and City Clerk to execute an agreement with SMART for
support of this program, provided that the agreement is approved as to
form by the Department of Law; FURTHER, the Council does hereby
waive, to the extent applicable, such licensing requirements as may be
prescribed in the Livonia Code of Ordinances with respect to the services
being provided herein
#585-96 RESOLVED, that having considered a communication from
the Director of Community Resources, dated June 6, 1996, which bears
the signature of the Finance Director, is approved by the City Attorney
and is approved for submission by the Mayor, and to which is attached a
proposed amendment to Fiscal Year 1996 Municipal Credit Contract,
which allocates all Fiscal Year 1996 Community Credit Funds
($77,326 00) to be used toward the purchase of three vehicles, the
th. Council does, for and on behalf of the City of Livonia, authorize the Mayor
and City Clerk to execute the said agreement in the manner and form
herein submitted, FURTHER, the Council does, for and on behalf of the
City of Livonia, authorize the Mayor and City Clerk to execute a similar
contract with SMART for Fiscal Year 1997 Municipal Credit Funds which
contract would allocate Fiscal Year 1997 Community Credit Funds as
follows approximately $68,072 00 to be used to complete the purchase
of the aforementioned three vehicles and approximately $9,254 00 to be
carried over to Fiscal Year 1998, provided that all agreements are
approved as to form by the Department of Law; FURTHER, the Council
does hereby request that the Director of Finance prepare specifications
and obtain competitive bids for the purchase of one, two or three 18-
passenger vehicles, plus one wheelchair-positioned vehicle, which bids
shall thereafter be submitted to Council for consideration
A communication from the Department of Community Resources, dated
June 6, 1996, re recommendations of use of Fiscal Year 1996 and Fiscal Year 1997
SMART millage funds was received and placed on file for the information of the
Council (CR 157-96)
#586-96 RESOLVED, that having considered a communication from
the Director of Community Resources, dated June 3, 1996, which bears
the signature of the Finance Director, is approved by the City Attorney
29588
and is approved for submission by the Mayor, and to which is attached a
proposed contract from Wayne County (Conference of Western Wayne)
with Growth Works, Inc , for the period April 1, 1996, through February 1,
1997, and which contract will provide that the County will reimburse the
City of Livonia for Youth Assistance Program costs (including a youth
employment program) up tq a maximum of $29,500 00, the Council does,
for and on behalf of the City of Livonia, authorize the Mayor and City
Clerk to execute the said agreement in the manner and form herein
submitted, provided that the agreement is approved as to form by the
Department of Law
#587-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 8, 1996, approved for
submission by the Mayor, submitted pursuant to Council Resolution 282-
93, with respect to the paving of Roycroft between Middlebelt and
Garden, the Council does hereby determine to take no further action with
respect to this matter
#588-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 8, 1996, approved for
submission by the Mayor, submitted pursuant to Council Resolution 906-
93, with regard to the acquisition of full-width right-of-way and the
subsequent paving of Stonehouse Avenue between Minton and West
Chicago, the Council does hereby determine to take no further action with
respect to this matter
#589-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 16, 1996, which transmits its
resolution 4-59-96, adopted on April 30, 1996, with regard to Petition 96-
3-2-11, submitted by Open Door Christian Church requesting waiver use
approval to utilize an existing building located on the north side of Munger
Avenue between Middlebelt Road and Oporto Street in the Northeast 114
of Section 14, which property is zoned RUF, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 96-3-2-11 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan dated March 12, 1996, prepared by DEL-TEC,
which is hereby approved, shall be adhered to,
2 That the parking lot shall be resurfaced and restriped as depicted
on the approved site plan, and
3 That the plan meets all the applicable requirements of the City,
especially those set forth by the Fire and Police Departments.
#590-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 16, 1996, which transmits its
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resolution 4-61-96, adopted on April 30, 1996, with regard to Petition 96-
3-2-13, submitted by the Kroger Co requesting waiver use approval to
construct an expansion of an existing store located in the Livonia Plaza
on the south side of Five Mile Road between Bainbridge Avenue and
Spanich Court in the Northwest 1/4 of Section 23, which property is zoned
C-2, the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 96-3-2-13 is hereby approved and
granted, subject to a variance being granted by the Zoning Board of
Appeals for deficient parking spaces and to the following conditions
1 That the Site Plan dated April 3, 1996, prepared by JBM Engineers
and Planners, which is hereby approved, shall be adhered to,
2. That the Landscape Plan dated April 3, 1996, prepared by JBM
Engineers and Planners, which is hereby approved, shall be
installed prior to final inspection and shall thereafter be
permanently maintained in a healthy condition,
3 That the Building Elevation Plan marked Sheet A-1 dated October
6, 1995, prepared by J Howard Nudell Architects, Inc., which is
hereby approved, shall be adhered to,
4 That the dumpster enclosure shall be repaired,
5 That the parking lot shall be repaired, resealed and double striped,
and
6 That a five (5') foot high cyclone fence be installed along the east
property line
A roll call vote was taken on the foregoing resolutions with the following result:
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and
Laura.
NAYS None
On a motion by Feenstra, seconded by Taylor, it was
#591-96 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated June 3, 1996,
submitted pursuant to Council Resolution 352-95, with regard to a
possible amendment to the Prevailing Wage Ordinance to establish a
prevailing wage policy as previously adopted with the exclusion of
Paragraph G (Sunset Clause), the Council does hereby refer this matter
to the Department of Law to prepare an appropriate ordinance
amendment to Section 145 of Title 3, Chapter 04 (Financial Procedures)
of the Livonia Code of Ordinances for submission to Council
29590
AYES Taylor, Feenstra, Brosnan, and Laura
NAYS McGee, Duggan, and Vandersloot.
The President declared the resolution adopted
On a motion by McGee, seconded by Duggan, and unanimously adopted,
it was
#592-96 RESOLVED, that the Council does hereby refer to the Law
Department the subject matter of the impact of the case known as
Associated Builders and Contractors, Saginaw Valley Chapter v Perry,
decided November 21, 1994 in the Eastern District of Michigan, United
States District Court, for its report and recommendation
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#593-96 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated June 3, 1996,
submitted pursuant to Council Resolution 532-95, with regard to a
proposed amendment to the Finance Ordinance to establish a Local
Bidder Preference as previously adopted with the exclusion of Paragraph
E (Sunset Clause), the Council does hereby refer this matter to the
Department of Law to prepare an appropriate ordinance amendment to
Section 3 04 140E (Financial Procedures) of the Livonia Code of
Ordinances for submission to Council
On a motion by Feenstra, seconded by Brosnan, it was
#594-96 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated June 3, 1996,
submitted pursuant to Council Resolution 112-96, with regard to Petition
95-9-6-9 submitted by the City Planning Commission to determine
whether or not to amend Section 18 50D regarding political signs, the
Council does, in accordance with Section 23 01 a of Zoning Ordinance
543, hereby refer this matter back to the City Planning Commission to
conduct a public hearing and to thereafter submit its report and
recommendation on the question of whether the proposed amendment to
Section 18 50D, previously prepared by the Department of Law, should be
further revised to provide that the maximum area of a political sign shall
not exceed 16 square feet or eight feet in height, and whether written
permission should be required to be obtained from the property owner on
undeveloped commercial or undeveloped manufacturing property
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A roll call vote was taken on the foregoing resolution with the following result:
AYES McGee, Taylor, Feenstra, Brosnan, Vandersloot, and Laura.
NAYS Duggan
The President declared the resolution adopted
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#595-96 RESOLVED, that the Council does hereby refer to the
Inspection Department for its report and recommendation the matter of
campaign signs of School Board candidates at Six Mile Road just east of
First Federal of Michigan bank to determine if there is a violation of the
sign ordinance
Feenstra gave first reading to the following Ordinance
AN ORDINANCE ADDING SECTION 170 TO TITLE 9,
CHAPTER 32 (ALCOHOLIC BEVERAGES) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
A communication from the Department of Law, dated May 16, 1996, re
Stone Consent Judgment (entered in connection with Wayne County Circuit Court
Case No 86-515544 CC) - timing and liability issues in connection with Petition 95-10-
1-25 submitted by Oakwood Hospital was received and placed on file for the
information of the Council (CR 369-96 and CR 370-96)
On a motion by Feenstra, seconded by McGee, it was
#596-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 4, 1996,
submitted pursuant to Council Resolution 368-96, and a communication
from the City Planning Commission, dated February 2, 1996, which sets
forth its resolution 1-16-96, adopted on January 30, 1996, with regard to
Petition 95-10-1-25, submitted by Oakwood Healthcare System for a
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change of zoning of property located on the north side of Seven Mile
Road between Bethany Road and Victor Parkway, in the Southeast 1/4 of
Section 6, from RUFC to PO, and the Council having conducted a public
hearing with regard to this matter on March 25, 1996, pursuant to Council
Resolution 90-96, the Council does hereby approve Petition 95-10-1-25
for preparation of the ordinance for submission to Council with revised
new data concurrent with the letter dated June 17, 1996 from attorney
Alan Greene, 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
Alan Greene, attorney for Oakwood Healthcare System, 1577 North Woodward
Avenue, Suite 300, Bloomfield Hills, addressed the revised petition.
A roll call vote was then taken on the foregoing resolution with the following result:
AYES McGee, Feenstra, Vandersloot, and Laura.
NAYS Taylor, Duggan, and Brosnan.
The President declared the resolution adopted
"Agenda Livonia, 1995", re the matter of conducting a study to assess
the need for developing additional senior housing was received and placed on file for
the information of the Council (CR 435-95)
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#597-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 4, 1996,
submitted pursuant to Council Resolutions 425-96 and 435-95, a
communication from James M Inglis, Executive Director of the Housing
Commission, dated April 23, 1996, approved for submission by the Mayor,
regarding the current and future need for senior citizen housing and the
possible location of sites for the future development of such housing in
the City of Livonia, and a communication from former Councilmember
Dale A. Jurcisin concerning "Agenda Livonia 1995" and various goals for
the City set forth therein including assessing the need for additional
senior citizen housing, the Council does hereby request that the
Department of Law commence negotiations for the purchase of various
properties and portions thereof abutting Newburgh Village, as indicated in
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the aforementioned communication, for the purpose of developing
additional senior citizen housing
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was.
#598-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 4, 1996,
submitted pursuant to Council Resolutions 425-96 and 435-95, a
communication from James M Inglis, Executive Director of the Housing
Commission, dated April 23, 1996, approved for submission by the Mayor,
regarding the current and future need for senior citizen housing and the
possible location of sites for the future development of such housing in
the City of Livonia, and a communication from former Councilmember
Dale A. Jurcisin concerning "Agenda Livonia. 1995" and various goals for
the City set forth therein including assessing the need for additional
senior citizen housing, the Council does hereby authorize a budget
adjustment increasing Account No 101-000-573-000 (Race Track
Revenue) and increasing Account No 101-267-972-000 (Land Purchase
Account) in the total amount of $650,000 00 to budget acquisition of the
necessary land adjacent to Newburgh Village to establish additional
senior citizen housing
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#599-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 4, 1996,
submitted pursuant to Council Resolution 426-96, and the report and
recommendation of the Livonia Cable Television Commission, dated April
16, 1996, which bears the signature of the Finance Director and the
Director of Community Resources and is approved for submission by the
Mayor, and which transmits Livonia Cable Television Commission
resolution 246-96 adopted on April 8, 1996, regarding recommended
proposed vendors to conduct a needs assessment and performance
review in connection with the cable television franchise renewal process,
the Council does hereby accept the proposal submitted by Rice, Williams
Associates, 601 Pennsylvania Avenue, N W , Suite 900, Washington,
D C 20004, and does hereby authorize the retaining of such firm to
conduct a needs assessment and performance review associated with the
renewal of the Time-Warner Cable Television Franchise, the same to be
appropriated and expended from Account No 297-751-818-005 for this
purpose, subject to reimbursement of half of this amount from Time-
Warner pursuant to Section 5-1805(f)(2) of the franchise ordinance,
FURTHER, the Council does hereby accept such proposal in lieu of the
lowest proposal and in accordance with Section 3 04 140D2 and
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3 04 140D4 of the Livonia Code of Ordinances, as amended, and the
proposal of River Oaks Communications Corporation, 105 East Vermijo,
Suite 600, Colorado Springs, Colorado 80903, is hereby rejected; and the
Mayor and City Clerk are hereby authorized to execute such contract for
and on behalf of the City of Livonia with the aforesaid company and to do
all other things necessary or incidental to the full performance of this
resolution
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#600-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 4, 1996,
submitted pursuant to Council Resolution 373-96, and having considered
a communication from the City Planning Commission, dated February 1,
1996, which sets forth its resolution 1-4-96, adopted on January 16, 1996,
with regard to Petition 95-12-1-30, submitted by Gino Silvestri for a
change of zoning of property located on the north side of Ann Arbor Trail
between Wayne and Levan Roads in the Southeast 1/4 of Section 32,
from RUF to R-C, and the Council having conducted a public hearing with
regard to this matter on March 25, 1996, pursuant to Council Resolution
90-96, the Council does hereby approve Petition 95-12-1-30 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
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTION (6) OF
SECTION 2 06 OF ARTICLE II OF ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE " (Petition 95-10-6-10)
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 Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
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#601-96 RESOLVED, that having considered a communication from
the City Assessor, dated May 31, 1996, approved for submission by the
Mayor, with regard to a request from Mr Stephan Sweeton, 9570
Merriman, Livonia, Michigan 48150, 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 46-138-99-0063-000 into three parcels,
the legal descriptions of which shall read as follows
PARCEL A:
Described as beginning at a point distant from a monument at the S E
corner of Merriman Road and Richland Ave S 0°59'44" W a distance of
65 0 ft., along the E line of Merriman Road, to the point of beginning,
thence continuing S 0°59'44" W , along E line of Merriman Rd , 100 0 ft.,
thence S 88°49'04" E , 175 0 ft., thence N 0°59'44" E 100 0 ft. thence N
88°49'04" W , 175 0 ft. to the point of beginning, located in the North 1/2
of the South 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 35,
T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan. Parcel A is
subject to any and all easements of record and contains 0 402 ± acres
PARCEL B:
Described as beginning at a point distant from a monument at the S E.
corner of Merriman Rd and Richland Ave S 88°49'04" E , along the S
line of Richland Ave , 175 0 ft. to the point of beginning; thence S
0°59'44" W , 165 0 ft., thence S 88°49'04" E , 65 0 ft., thence N 0°59'44"
E , 165 0 ft., thence N 88°49'04" W , along the S line of Richland Ave ,
65 0 ft. to the point of beginning, located in the North 1/2 of the South 1/2
of the Southwest 1/4 of the Northwest 1/4 of Section 35, T 1 S , R. 9 E ,
City of Livonia, Wayne County, Michigan Parcel B is subject to any and
all easements of record and contains 0 246+ acres
PARCEL C.
Described as beginning at a monument located at the S E corner of
Merriman Rd and Richland Ave , thence S 0°59'44" W , along the E line
of Merriman Ave , 65 0 ft., thence S 88°49'04" E , along the N line of
parcel A., 175 0 ft., thence N 0°59'44" E., along the W line of parcel B,
65 0 ft., thence N 88°49'04" W , along S line of Richland Ave 175 0 ft. to
the point of beginning, located in the N 1/2 of the S 1/2 of the S W 1/4
of the N W 1/4 of Section 35, T 1 S , R. 9 E., City of Livonia, Wayne
County, Michigan. Parcel C is subject to any and all easements of record
and contains 0 261+ acres
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
29596
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#602-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 21, 1996, approved as
to form by the City Attorney and approved for submission by the Mayor,
with regard to the installation of flashing light signals and railroad gates in
connection with the CSX railroad crossing at Eckles Road, the Council
does hereby determine to take no further action with regard to this matter
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#603-96 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 Feenstra, seconded by Taylor, and unanimously adopted,
it was
#604-96 RESOLVED, that having considered a communication from
the City Clerk, dated June 19, 1996, which indicates that the proprietor of
Caliburn Manor Subdivision No 3, situated in the Northeast 1/4 of Section
7, has delivered final true plats to the City Clerk and requested that said
plat be presented to Council for final approval, and the Council having
received a communication from the City Planning Commission, dated
June 19, 1996, wherein said Commission approved the final plat for the
said subdivision in its resolution 6-109-96, adopted on June 18, 1996,
and the Council having considered a report from the City Engineer, dated
June 18, 1996, recommending approval of the final plat of said
subdivision, the preliminary plat of which was approved by the Council in
its resolution 441-96, adopted on May 8, 1996, said preliminary plat
having been recommended for approval by the City Planning Commission
on May 2, 1995, in its resolution 5-70-95, NOW, THEREFORE, the
Council does hereby determine to grant its approval to the final plat of
Caliburn Manor Subdivision No 3, located in the Northeast 1/4 of Section
7, City of Livonia, Wayne County, Michigan, as submitted by the
proprietor thereof, which proprietor is also hereby required to do all things
necessary to obtain full compliance with the Subdivision Control Act of
Michigan of 1967, as amended, and the ordinances of the City of Livonia,
and FURTHER, the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
29597
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#605-96 RESOLVED, that the Council does hereby request a report
from the City Planner regarding Plat Act changes, and does hereby refer
this subject matter to the Streets, Roads and Plats Committee for its
consideration
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#606-96 RESOLVED, that having considered a communication from
the City Clerk, dated June 19, 1996, which indicates that the proprietor of
Caliburn Estates Subdivision No 3, situated in the Northwest 1/4 of
Section 8, has delivered final true plats to the City Clerk and requested
that said plat be presented to Council for final approval, and the Council
having received a communication from the City Planning Commission,
dated June 19, 1996, wherein said Commission approved the final plat for
the said subdivision in its resolution 6-111-96, adopted on June 18, 1996,
and the Council having considered a report from the City Engineer, dated
June 18, 1996, recommending approval of the final plat of said
subdivision, the preliminary plat of which was approved by the Council in
its resolution 200-96, adopted on March 13, 1996, said preliminary plat
having been recommended for approval by the City Planning Commission
on May 2, 1995, in its resolution 5-72-95, NOW, THEREFORE, the
Council does hereby determine to grant its approval to the final plat of
Caliburn Estates Subdivision No 3, located in the Northwest 1/4 of
Section 8, City of Livonia, Wayne County, Michigan, as submitted by the
proprietor thereof, which proprietor is also hereby required to do all things
necessary to obtain full compliance with the Subdivision Control Act of
Michigan of 1967, as amended, and the ordinances of the City of Livonia,
and FURTHER, the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution.
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#607-96 RESOLVED, that having considered a communication from
Marvin Walkon, Walkon & Associates, dated June 19, 1996, which in
accordance with the provisions of Section 19 08 of Ordinance No 543, as
amended, the Zoning Ordinance, takes an appeal from a determination
made on June 18, 1996 by the City Planning Commission in its resolution
6-100-96 with regard to Petition 96-4-2-14 submitted by Walkon &
Associates requesting waiver use approval to construct a 20-screen
movie theater on property located north of Seven Mile Road between
29598
Haggerty Road and the 1-275 Expressway in the Southwest 1/4 of Section
6, which property is zoned C-2, the Council does hereby designate
Wednesday, July 24, 1996 at 7 00 p m as the date and time for
conducting a public hearing with regard to this matter, such hearing to be
held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and the
City Clerk is hereby requested to do all things necessary in order to give
proper notice in writing, as well as by the publication of a notice in the
City's official newspaper of such hearing and the date and place thereof,
in compliance with the requirements set forth in Ordinance No 543, as
amended, the Zoning Ordinance of the City of Livonia.
Councilmember Brosnan announced that next Wednesday is the Livonia
Symphony "Chip in for the Arts" golf outing She also announced that the Greenmead
"Garden Walk" is scheduled for June 29, 1996, with seven (7) homes displaying their
horticultural expertise
Councilmember Feenstra addressed the subject of SPREE, this year
being the 46th birthday celebration of the City of Livonia, which will be held at Ford
Field June 25-30
Councilmember Duggan wished a "Happy Anniversary" to his wife of 14
years
During audience communication, Marcus Bass, 18420 Fremont, again
inquired about the availability of replacement recycling bin lids
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, this 1,323rd Regular Meeting of the Council of the City of Livonia was
adjourned at 8 49 p m , June 19, 1996
sande e.oem.,,,
J n McCotter, City Clerk