HomeMy WebLinkAboutCOUNCIL MINUTES 1996-06-05 29556
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TWENTY-SECOND
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On June 5, 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 Vandersloot delivered the invocation
Roll was called with the following result: Val Vandersloot, Michael P
McGee, Gerald Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan,
and Joe Laura Absent: None
Elected and appointed officials present. 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, John Fegan, Director of
Inspection, Ronald Reinke, Superintendent of Parks and Recreation, Kevin Roney,
Public Utility Manager; and James McCann, Planning Commission
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#528-96 RESOLVED, that the minutes of the 1,321st Regular
Meeting of the Council of the City of Livonia, held May 22, 1996, are
hereby approved as submitted
No one from the audience wished to speak during the audience
communication portion of the meeting
Councilmember Taylor wished Councilmember Feenstra a belated "Happy
Birthday" (Friday, May 31, 1996)
A communication from the Department of Law, dated May 13, 1996, re
City of Livonia v Goretski Construction Company, Court of Appeals Docket No 192503,
was received and placed on file for the information of the Council
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A communication from the Department of Law, dated May 16, 1996, re
Foreman v Livonia Zoning Board of Appeals, Wayne County Circuit Court Case No 95-
535670 AA, was received and placed on file for the information of the Council
A communication from the Department of Finance, dated May 20, 1996,
re forwarding various financial statements of the City of Livonia for the month ending
April 30, 1996, was received and placed on file for the information of the Council
On a motion by Taylor, seconded by Feenstra, it was
#529-96 RESOLVED, that having considered an application from Sue
Petke and Rose Brokaw, 30150 Mason, dated May 17, 1996, requesting
permission to close Mason Street, between Doris and Melvin, on
Saturday, June 15, 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, including therein permission to conduct the said affair on
Saturday, June 29, 1996, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
A communication from Bill Pike, Chairman of the Plymouth Road
Development Authority, dated May 2, 1996, re Plymouth Road Development Authority
Master Implementation Plan was received and placed on file for the information of the
Council
#530-96 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
May 10, 1996, approved for submission by the Mayor, which indicates
that the Parks and Recreation Commission has recommended that
permission be granted to the Michigan State Youth Soccer Association to
hold the Ford-Wolverine Soccer Tournament on July 5 and 6, 1996, at
Bicentennial Park under the following conditions.
1 That Jaycee Park be considered as a backup and used only in an
emergency situation,
2 That MSYSA submit an itemized list of concessions, vendors,
lifro porta-johns and other equipment needed for approval by the
Department of Parks and Recreation by June 21, 1996,
3 There are to be no concessions or vendors at Jaycee Park,
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4 That the MSYSA provide the City of Livonia with an insurance
policy naming the City of Livonia as additional insured with liability
coverage of one million dollars,
5 That the MSYSA assume responsibility for any related expenses,
i e , porta johns, field permits, etc ,
6 Concessions are to be operated by parents and no outside
vendors be permitted, and
7 That the MSYSA contact the Wayne County Health Department
advising them that food will be served at the tournament;
the Council does hereby concur in and approve of such action
A communication from the Department of Finance, dated May 7, 1996, re
proposed sale of City-owned property - Lots 22, 23 and 24 of Dohany Subdivision,
Property No 045-03-0022-000, located south of Seven Mile Road between Inkster and
Middlebelt Roads in Section 12, was received and placed on file for the information of
the Council (CR 536-93)
#531-96 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 7, 1996, approved
for submission by the Mayor, submitted pursuant to Council Resolution
422-93, with regard to obtaining competitive proposals for the annual
audit from CPA firms including "the Big Six," the Council does hereby
determine to take no further action with respect to this matter
#532-96 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 7, 1996, approved
for submission by the Mayor, submitted pursuant to Council Resolution
370-94, with regard to a proposal by Business Records Corporation for
installing an Optech Eagle Voting System to upgrade the present voter
registration system as well as the PC-BT punch card system, and the cost
and savings associated therewith, the Council does hereby determine to
take no further action with respect to this item
A communication from the Department of Finance, dated May 7, 1996, re
a report from the Finance Director on the status, including renewal dates, of the City's
various insurance coverages was received and placed on file for the information of the
Council (CR 423-93)
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#533-96 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 7, 1996, approved
for submission by the Mayor, submitted pursuant to Council Resolution
423-93, with regard to the status, including renewal dates, of the City's
various insurance coverages, the Council does hereby refer such report
to the Finance, Insurance and Budget Committee for further
consideration
#534-96 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 9, 1996, approved
for submission by the Mayor, to which is attached a proposed
Administrative Services Contract Renewal Agreement with Blue Cross
and Blue Shield of Michigan for a one-year renewal term for the period
June 1, 1996, through May 31, 1997, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the said agreement in the manner and form herein submitted, as
well as to do all other things necessary or incidental to the full
performance of this resolution, FURTHER, the Council does hereby
authorize the said item without competitive bidding in accordance with
Section 3 04 140D2 of the Livonia Code of Ordinances, as amended
A communication from the Engineering Department, dated May 8, 1996,
re a report and recommendation on the question of the notification process prescribed
under the Single Lot Assessment Ordinance with respect to sidewalk and drive
approach construction was received and placed on file for the information of the
Council (CR 553-93)
#535-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 13, 1996, approved for
submission by the Mayor, submitted pursuant to Council Resolution 904-
93, in connection with the request from the President of Madonna
University for the installation of a traffic control signal device at the
entrance to the Senior Clergy Village, west of Levan, the Council does
hereby determine to take no further action with respect to this matter
#536-96 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated May 8, 1996, approved for submission by the Mayor, submitted
pursuant to Council Resolution 406-94, concerning the condition of
Rayburn, Harrison and Middlebelt Roads in the Southwest 1/4 of Section
13, insofar as the damage which has been caused to same by truck
traffic, the Council does hereby determine to take no further action with
respect to this matter
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A communication from the Engineering Department, dated May 8, 1996,
re a report and recommendation on the recommended improvements set forth in the
Goodell-Grivas, Inc. report and update of improvements completed was received and
placed on file for the information of the Council (CR 188-95)
#537-96 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 188-
95, regarding recommended improvements set forth in the Goodell-
Grivas, Inc. report and an update of improvements completed, the Council
does hereby refer this item to the Streets, Roads, and Plats Committee for
further consideration
A communication from the Engineering Department, dated May 9, 1996,
re a report and recommendation on the request from Mr Gus Tawil for review of the
proper alignment of the left turn movements at the intersection of Seven Mile Road and
Victor Parkway/Blue Skies Drive was received and placed on file for the information of
the Council (CR 688-95)
#538-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 9, 1996, approved for
submission by the Mayor, submitted pursuant to Council Resolution 688-
95, concerning proper alignment of the left turn movements at the
intersection of Seven Mile Road and Victor Parkway/Blue Skies Drive, the
Council does hereby refer the subject of whether additional signalization
would improve traffic in this location as indicated by the traffic expert
retained by Oakwood Hospital to the Engineering Department for a report
and recommendation
A communication from the Division of Police, dated May 13, 1996, re
the feasibility of a program within the Police Department for redeployment of patrol cars
into neighborhoods for greater protection and visibility was received and placed on file
for the information of the Council (CR 379-96)
#539-96 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated May 13, 1996, approved for
submission by the Mayor, submitted pursuant to Council Resolution 379-
96, concerning the feasibility of a program within the Police Department
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for redeployment of patrol cars into neighborhoods for greater protection
and visibility, the Council does hereby refer this item to the Finance,
Insurance and Budget Committee for its report and recommendation
#540-96 RESOLVED, that having considered a communication from
the Department of Law, dated May 29, 1996, approved for submission by
the Mayor, to which is attached a proposed amendment to Section 18 42
of the Zoning Ordinance to regulate the installation of
cellular/communication towers and antennas, the Council does hereby
refer this matter to the Legislative Committee for its report and
recommendation
#541-96 RESOLVED, THAT WHEREAS, under the provision of Title
I of the Housing and Community Development Act of 1987, the Secretary
of Housing and Urban Development is authorized to make grants to units
of local government to help finance community development programs,
and
WHEREAS, the primary objective of such Act is the development of viable
urban communities by providing decent housing and suitable living
environment and expanding economic opportunities, principally for
persons of low and moderate income, and
WHEREAS, to obtain its Fiscal Year 1996 entitlement funds under the
Community Development Act of 1987, the City of Livonia must submit a
one-year Action Plan, satisfactory assurances that the Plan will be
conducted and administered in accordance with appropriate federal and
state laws and Department of Housing and Urban Development
regulations, and satisfactory assurances that, prior to submission of the
Action Plan, it has (a) provided citizens with adequate information
concerning the amount of funds available for proposed community
development and housing activities, the range of activities that may be
undertaken, the estimated amount of those funds proposed to be used for
activities that will benefit low and moderate income persons, and other
important program requirements, (b) held at least two public hearings to
obtain the views of citizens on housing and homeless needs, strategies
and a short-term Action Plan to meet those needs, and (c) provided
citizens an adequate opportunity (at least thirty (30) days) to examine the
content of and to submit comments on the Action Plan,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Livonia
that the Action Plan, including the Fiscal Year 1996 Community
Development Block Grant Program, is hereby approved and shall be
submitted to the Department of Housing and Urban Development.
#542-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 16, 1996, which transmits its
resolution 4-69-96, adopted on April 30, 1996, with regard to a Sign
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Permit Application, submitted by Barbara Argue on behalf of the Hair &
Nail Gym, requesting approval for signage for the building located at
33033 Seven Mile Road in the Northwest 1/4 of Section 10, the Council
does hereby concur in the recommendation of the Planning Commission
and approve the said sign permit application, subject to the following
conditions
1) That the Sign Package by Planet Neon Sign Systems, as received
by the Planning Commission on April 17, 1996, is hereby approved
and shall be adhered to, and
2) That all signage shall not be illuminated beyond 10 00 p m
#543-96 RESOLVED, that having considered a request from
Councilmember Fernon P Feenstra, the Council does hereby refer the
matter of the lotto sign in front of the Veri Party Store to the Inspection
Department for its report and recommendation
#544-96 RESOLVED, that having considered a request from
Councilmember Fernon P Feenstra, the Council does hereby refer the
matter of the installation of a "No Left Turn" sign by Amoco Service
Station at the corner of Six Mile and Haggerty Roads to the Inspection
Department for its report and recommendation
#545-96 WHEREAS, the City of Livonia has received a request from
First Industrial, L.P (on behalf of General Medical Corporation), dated
May 15, 1996, proposing the establishment of an industrial development
district; and
WHEREAS, pursuant to Act 198 (255) of the Public Acts of 1974 (1978),
as amended, this Council has authority to establish "industrial
development districts" within the boundaries of the City of Livonia, and
WHEREAS, there is located within the boundaries of the City of Livonia
an area of approximately 11 26 acres lying in the South 1/2 of Section 30,
as more particularly described in the attachment to the application which
is hereby incorporated by reference and which is hereinafter referred to
as "Proposed City of Livonia Industrial Development District No 61,"
THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows
1 The City Clerk is directed to give written notice by certified mail of
this action to all owners of real property within the boundaries of
Proposed City of Livonia Industrial Development District No 61
2 This City Council sets Monday, July 15, 1996, at 7 00 p m as the
date for the holding of a public hearing on the question of whether
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this City Council should establish the Industrial Development
District described above
3 This City Council directs the City Clerk to provide notice, as
required by law, of the public hearing fixed above, so that all
residents or taxpayers of the City of Livonia shall be afforded an
opportunity to be heard on the question of establishing the
Industrial Development District described above
#546-96 WHEREAS, pursuant to the direction of the City Council in
its resolution 409-96, adopted on April 24, 1996, and in accordance with
Section 3 08 140 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 May 15, 1996, an assessment roll dated May
15, 1996, for the proposed improvement consisting of the installation of
100-watt high pressure sodium lights on colonial post top poles in
Camborne Pines Subdivision located in the Northwest 1/4 of Section 13,
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 proposed improvement in said district as designated
in Council Resolution 409-96,
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
Wednesday, July 10, 1996, at 8 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 July 10, 1996, 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
#547-96 WHEREAS, pursuant to the direction of the City Council in
its resolution 411-96, adopted on April 24, 1996, and in accordance with
Section 3 08 140 of the Livonia Code of Ordinances, as amended, the
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City Assessor of the City of Livonia has prepared, reported and certified
to the Council under date of May 14, 1996, an assessment roll dated May
14, 1996, for the proposed improvement consisting of the installation of
100-watt high pressure sodium lights on colonial post top poles in the
Hillcrest Court Development located in the Northwest 1/4 of Section 23,
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 proposed improvement in said district as designated
in Council Resolution 411-96,
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
Wednesday, July 10, 1996, at 8 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 July 10, 1996, 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
#548-96 WHEREAS, pursuant to the direction of the City Council in
its resolution 410-96, adopted on April 24, 1996, and in accordance with
Section 3 08 140 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 May 15, 1996, an assessment roll dated May
15, 1996, for the proposed improvement consisting of the installation of
100-watt high pressure sodium lights on davitt poles in the Oakcrest Villas
Subdivision located in the Southeast 1/4 of Section 11, 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
proposed improvement in said district as designated in Council
Resolution 410-96,
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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
Wednesday, July 10, 1996, at 8 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 July 10, 1996, 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
#549-96 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, July 10, 1996, at 8 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following item
Petition 96-2-1-5, submitted by the City Planning Commission,
pursuant to CR 872-95, for a change of zoning of property located
on the southeast corner of Five Mile Road and Fairfield Avenue in
the Northwest 1/4 of Section 22, from C-2 to OS, the City Planning
Commission in its resolution 4-54-96 having recommended to the
City Council that Petition 96-2-1-5 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
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Clerk is requested to do all other things necessary or incidental to the full
performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura
NAYS None
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#550-96 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 233-90, regarding the
subject of traffic control light signalization on Eight Mile Road for the
purpose of conducting a meeting with Oakland County, the Council does
hereby determine to take no further action with respect to this matter
On a motion by Duggan, seconded by Brosnan, and unanimously
adopted, it was
#551-96 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 489-90, and a request
from the Personnel Director of Delco Products Division, General Motors
Corporation, 13000 Eckles Road, dated May 3, 1990, wherein a request
is made for the installation of a street light at the pedestrian walkway
which crosses Amrhein between the plant property and the hourly parking
lot, the Council does hereby determine to take no further action with
respect to this item
It was noted that CR 600-90 re the topic of establishing a program for
street replacement and/or repair is to remain in the Streets, Roads and Plats
Committee
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#552-96 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 782-90, and the
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report and recommendation of the City Engineer dated July 12, 1990,
relative to the installation of street lighting on Newburgh Road between
Five Mile and Eight Mile Roads, as well as street lighting on both Six Mile
and Seven Mile Roads from approximately 1,200 feet east of Newburgh
Road to Haggerty Road, the Council does hereby refer this item to the
City Engineer for an updated report and recommendation
On a motion by Duggan, seconded by Taylor, it was
RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 1016-90, regarding
the question of vehicular parking on public right-of-way adjacent to the
traveled portion of major thoroughfares, the Council does hereby
determine to take no further action with respect to this matter
Duggan and Taylor withdrew their motions on the foregoing matter
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#553-96 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 1016-90, regarding
the question of vehicular parking on public right-of-way adjacent to the
traveled portion of major thoroughfares, the Council does hereby refer the
matter of non-compliance areas in this regard to the Inspection
Department for its report and recommendation
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was.
#554-96 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 1039-90, and a
communication from the Traffic Commission, dated October 2, 1990,
approved for submission by the Mayor, which submits the results of a
Walk/Don't Walk pedestrian signal survey, the Council does hereby refer
this item to the Traffic Commission for an updated Walk/Don't Walk
pedestrian signal survey letter of results
On a motion by Duggan, seconded by Taylor, and unanimously adopted,
it was
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#555-96 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 1039-90, and a
communication from the Traffic Commission, dated October 2, 1990,
approved for submission by the Mayor, which submits the results of a
Walk/Don't Walk pedestrian signal survey, the Council does hereby refer
the matter of the installation of a Walk/Don't Walk signal on the southeast
corner of Five Mile and Hubbard to the Traffic Commission for its report
and recommendation
On a motion by Vandersloot, seconded by Brosnan, and unanimously
adopted, it was
#556-96 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated May 20,
1996, submitted pursuant to Council Resolution 297-95, regarding the
matter of naming Nature Preserves park areas, the Council does hereby
determine to take no further action with respect to this matter
Taylor 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
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 96-1-1-2)
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
Taylor invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
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Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 23 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 95-12-1-29)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Vandersloot, McGee, Taylor, Duggan, Feenstra, Brosnan, and
Laura.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Vandersloot left the podium at 8.20 p m. in order to avoid a perceived impropriety
regarding the next Agenda item.
Taylor took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 19 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 96-1-1-1)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, and Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Vandersloot returned to the podium at 8 22 p m
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Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 13 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 95-8-1-18)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES McGee, Taylor, Feenstra, Brosnan, and Laura
NAYS Vandersloot and Duggan
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#557-96 RESOLVED, that having considered a communication from
the Mayor, dated May 8, 1996, wherein he has requested approval of the
reappointment of James C McCann, 18435 Mayfield, Livonia, Michigan
48152, to the Livonia City Planning Commission for a three-year term
expiring June 9, 1999, the Council does hereby confirm and approve such
reappointment.
Taylor left the podium at 8 25 p m in order to avoid a perceived impropriety regarding
the next Agenda item
On a motion by Feenstra, seconded by Duggan, it was
#558-96 RESOLVED, that having considered a communication from
the Mayor, dated May 8, 1996, wherein he has requested approval of the
reappointment of Gerald D Taylor, 36734 Sunnydale, Livonia, Michigan
48154, to the Board of Directors of the Economic Development
Corporation for a six-year term expiring June 7, 2002, the Council does
hereby confirm and approve such reappointment
A roll call vote was taken on the foregoing resolution with the following result.
AYES Vandersloot, McGee, Duggan, Feenstra, Brosnan, and Laura.
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NAYS None
The President declared the resolution adopted
Taylor returned to the podium at 8 26 p m
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 is acting as bond counsel to the City in this transaction, and I
therefore 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 27 p m
On a motion by Feenstra, seconded by Taylor, it was
#559-96 WHEREAS, an Installment Purchase Agreement (the
"Agreement") between the City of Livonia (the "City"), Ericsson Inc.
("Vendor") and Comerica Securities, Inc., ("Comerica") for the purchase,
delivery and installation of a new Digital Radio Communications System
for the City's Police, Fire and Public Works Departments, as set forth in
the City's Technical Performance Specifications and Vendor's Proposal,
and a System Purchase Contract between the City and Vendor (the
"Contract") (the "Equipment") has been prepared, and
WHEREAS, the purchase and installation price of the Equipment
together with software and certain services and warranties is
$1,917,006 72 (the "Purchase Price"), and
WHEREAS, pursuant to the Agreement, the City will pay $417,006 72 in
cash and the remaining $1,500,000 00 of the Purchase Price will be paid
by the City in six (6) annual installments as set forth therein commencing
on December 1, 1997 and on each December 1 thereafter to and
including December 1, 2002, with interest payable thereon at a rate equal
to 5 15% per annum, and
WHEREAS, the Agreement is to be assigned to Comerica, and
WHEREAS, it is necessary to approve the Agreement and the Contract
and authorize the City's Mayor and Clerk to execute the Agreement, the
Contract and certain other documentation relative thereto
NOW, THEREFORE, BE IT RESOLVED THAT
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1 The Agreement and the Contract are each hereby approved
substantially in the form on file with the City Clerk. The City shall incur
the debt described in the Agreement through execution of the Agreement
by the officers authorized below which debt shall consist of the financed
Purchase Price of $1,500,000 00 and a total Purchase Price of
$1,917,006 72, which financed Purchase Price shall be payable in six (6)
annual installments with interest thereon at a rate of 5 15% per annum.
The installments of interest shall be payable semi-annually, commencing
December 1, 1996 and installments of principal shall be payable annually
commencing December 1, 1997
2 The Mayor and City Clerk are hereby authorized and directed to
execute the Agreement and the Contract and deliver both to Vendor,
substantially in the form on file with the City Clerk with such additions,
changes and modifications as shall be approved by the City's Bond
Counsel and the City Attorney
3 The useful life of the Equipment is hereby determined to be not
less than ten (10) years
4 The Mayor, City Clerk and Finance Director are each hereby
directed and authorized to execute such additional documentation as
shall be necessary to effectuate the closing of the Agreement and the
assignment thereof
5 The assignment of the Agreement by Vendor to Comerica is
hereby approved
6 The City hereby agrees to include in its budget for each year
commencing with the current fiscal year, a sum which will be sufficient to
pay the principal of and interest on the Agreement coming due before the
next fiscal year In addition, the City hereby pledges to levy ad valorem
taxes on all taxable property in the City each year in an amount
necessary to make its debt service payments under the Agreement,
subject to applicable constitutional, statutory and charter tax rate
limitations
7 The City hereby designates its obligations under the Agreement as
"qualified tax-exempt obligations" for purposes of deduction of interest
expense by financial institutions under the provisions of the Internal
Revenue Code of 1986, as amended
8 The City hereby covenants that, to the extent permitted by law, it
shall take all actions within its control necessary to maintain the
exemption of the interest on the obligations under the Agreement from
general federal income taxation (as opposed to alternative minimum or
other indirect taxation) under the Internal Revenue Code of 1986, as
amended, including but not limited to, actions relating to the rebate of
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arbitrage earnings, if applicable, and the expenditure and investment of
proceeds of the Agreement and moneys deemed to be proceeds
9 All resolutions and parts of resolutions insofar as they conflict with
the provisions of this resolution be and the same hereby are rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Taylor, Duggan, Feenstra, Brosnan, and Laura.
NAYS None
The President declared the resolution adopted
McGee returned to the podium at 8 28 p m
On a motion by Feenstra, seconded by Taylor, it was
RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated May 17, 1996,
approved by the Director of Finance and approved for submission by the
Mayor, wherein it is recommended that the Council authorize increases to
existing water and sewer rates, the Council does hereby request that the
Department of Law prepare an appropriate ordinance amendment to the
following sections of the Livonia Code of Ordinances for submission to
Council
1 Amend Title 13, Chapter 8, Section 040, to increase the water
consumption rate from $9 69 to $9 95 (per 1000 cubic feet),
effective with the first billing on or after September 1, 1996, and
increase the water consumption rate from $9 95 to $10 14 (per
1000 cubic feet), effective with the first billing on or after January 1,
1997, and increase the water consumption rate from $10 14 to
$10 38 (per 1000 cubic feet), effective with the first billing on or
after July 1, 1997
2 Amend Title 13, Chapter 20, Section 120 D 1 and Section 120 E
to increase the Wayne County wastewater disposal charge from
$9 45 to $9 81 (per 1000 cubic feet of water used), effective with
the first billing on or after September 1, 1996, and increase the
same charge from $9 81 to $10 01 (per 1000 cubic feet of water
used), effective with the first billing on or after January 1, 1997,
and increase the same charge from $10 01 to $10 23 (per 1000
cubic feet of water used), effective with the first billing on or after
July 1, 1997
On a motion by Duggan, it was
29574
RESOLVED, that the Council does hereby determine to
substitute a resolution for the foregoing which would send the matter to
the Water, Sewer and Waste Committee for its report and
recommendation
The President declared the motion to substitute denied for lack of support.
A roll call vote was then taken on the originally proposed resolution by Feenstra,
seconded by Taylor, as follows
#560-96 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated May 17, 1996,
approved by the Director of Finance and approved for submission by the
Mayor, wherein it is recommended that the Council authorize increases to
existing water and sewer rates, the Council does hereby request that the
Department of Law prepare an appropriate ordinance amendment to the
following sections of the Livonia Code of Ordinances for submission to
Council
1 Amend Title 13, Chapter 8, Section 040, to increase the water
consumption rate from $9 69 to $9 95 (per 1000 cubic feet),
effective with the first billing on or after September 1, 1996, and
increase the water consumption rate from $9 95 to $10 14 (per
1000 cubic feet), effective with the first billing on or after January 1,
1997, and increase the water consumption rate from $10 14 to
$10 38 (per 1000 cubic feet), effective with the first billing on or
after July 1, 1997
2 Amend Title 13, Chapter 20, Section 120 D 1 and Section 120 E.
to increase the Wayne County wastewater disposal charge from
$9 45 to $9 81 (per 1000 cubic feet of water used), effective with
the first billing on or after September 1, 1996, and increase the
same charge from $9 81 to $10 01 (per 1000 cubic feet of water
used), effective with the first billing on or after January 1, 1997,
and increase the same charge from $10 01 to $10 23 (per 1000
cubic feet of water used), effective with the first billing on or after
July 1, 1997
with the following result:
AYES Vandersloot, McGee, Taylor, Feenstra, and Brosnan
NAYS Duggan and Laura
The President declared the resolution adopted
29575
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was
#561-96 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated May 17, 1996,
approved by the Director of Finance and approved for submission by the
Mayor, wherein it is recommended that the Council authorize increases to
existing water and sewer rates, the Council does hereby refer the general
subject matter to the Water, Sewer and Waste Committee for its report
and recommendation
On a motion by Taylor, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated May 1, 1996, which transmits its
resolution 4-63-96, adopted on April 30, 1996, with regard to a Sign
Permit Application, submitted by Cornell Sign Company on behalf of
Nicholas Plaza Shopping Center, requesting approval for signage for the
property located at 13820 Merriman Road in the Northwest 1/4 of Section
26, the Council does hereby concur in the recommendation of the
Planning Commission and approve the said sign permit application,
tor subject to the following conditions
1 That the Sign Package by Cornell Sign Company, as received by
the Planning Commission on April 12, 1996, is hereby approved
and shall be adhered to,
2 That all signage shall not be illuminated beyond one hour after the
uses in the shopping center close, and
3 That window signage for the center shall be limited to what is
permitted by Section 18 50D Permitted Signs, subheading (g)
"Window Signage "
The President declared the resolution denied for lack of support.
On a motion by Brosnan, seconded by Vandersloot, it was
#562-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 1, 1996, which transmits its
resolution 4-63-96, adopted on April 30, 1996, with regard to a Sign
Permit Application, submitted by Cornell Sign Company on behalf of
Nicholas Plaza Shopping Center, requesting approval for signage for the
property located at 13820 Merriman Road in the Northwest 1/4 of Section
26, the Council does hereby refer this item to the Committee of the Whole
for its report and recommendation
29576
A roll call vote was taken on the foregoing resolution with the following result
titsAYES Vandersloot, McGee, Duggan, Feenstra, Brosnan, and Laura
NAYS Taylor
The President declared the resolution adopted
On a motion by Brosnan, seconded by McGee, and unanimously adopted,
it was
#563-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 17, 1996, which transmits its
resolution 5-76-96, adopted on May 14, 1996, with regard to a Sign
Permit Application submitted by Media Play requesting approval for
signage for property located at 30000 Plymouth Road in the Southeast
1/4 of Section 26, the Council does hereby concur in the recommendation
of the Planning Commission and approve the said sign permit application,
subject to the following conditions
1 That the Sign Package by Media Play, as received by the Planning
Commission on May 1, 1996, is hereby approved and shall be
adhered to, except that the background color of the sign panel of
the ground sign shall be white,
2 That all signage shall not be illuminated beyond one hour after
business hours, and
3 That the 162 sq ft. triangle sign shall be allowed and shall be blue,
as requested
On a motion by Feenstra, seconded by Taylor, it was
RESOLVED, that having considered a letter from Dominic
Soave, 19213 Newburgh Road, Livonia, Michigan 48152, dated May 23,
1996, requesting permission to move a home located on Newburgh Road,
north of Seven Mile Road, to a lot adjacent to the Sigmund property on
Eight Mile Road, the Council does hereby approve this request based
upon the showing of hardship that has been demonstrated pursuant to
Section 15 48 170 of the Livonia Code of Ordinances and subject to
compliance with applicable B 0 C A. codes and City ordinances to insure
the structural soundness of the building and other safety considerations,
provided, FURTHER, that this approval is subject to the applicant
correcting all deficiencies as listed in the letter from the Inspection
Department dated May 30, 1996
On a motion by Taylor, it was
29577
RESOLVED, that the Council does hereby determine to
substitute a resolution for the foregoing which would refer this matter to
the Committee of the Whole for its report and recommendation
The President declared the motion to substitute denied for lack of support.
On a motion by Duggan, seconded by McGee, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution for the foregoing which would deny the request of
Dominic Soave to move the home located on Newburgh Road, north of
Seven Mile Road, to a lot adjacent to the Sigmund property on Eight Mile
Road
From the audience, the following individuals spoke regarding this matter
1) Mr Lute, 19358 Newburgh - wants the house moved, and
2) Chuck Horka, 20025 Meadowview - lives next to new site where house is
proposed to be moved, agrees it should not be moved
A roll call vote was then taken on the motion to substitute a denying resolution as
follows
AYES Vandersloot, McGee, Taylor, Duggan, and Brosnan
NAYS Feenstra and Laura
The President declared the motion to substitute adopted
On a motion by Duggan, seconded by McGee, it was
RESOLVED, that having considered a letter from Dominic
Soave, 19213 Newburgh Road, Livonia, Michigan 48152, dated May 23,
1996, requesting permission to move a home located on Newburgh Road,
north of Seven Mile Road, to a lot adjacent to the Sigmund property on
Eight Mile Road, the Council does hereby determine to deny this request.
On a motion by Taylor, seconded by Feenstra, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution for the foregoing which would refer this matter to
the Committee of the Whole for its report and recommendation
A roll call vote was taken on the motion to substitute as follows
AYES Vandersloot, Taylor, Feenstra, and Laura
29578
NAYS McGee, Duggan, and Brosnan
The President declared the motion to substitute adopted
On a motion by Taylor, seconded by Feenstra, it was
#564-96 RESOLVED, that having considered a letter from Dominic
Soave, 19213 Newburgh Road, Livonia, Michigan 48152, dated May 23,
1996, requesting permission to move a home located on Newburgh Road,
north of Seven Mile Road, to a lot adjacent to the Sigmund property on
Eight Mile Road, the Council does hereby determine to refer this matter to
the Committee of the Whole for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, Taylor, Feenstra, and Laura.
NAYS McGee, Duggan, and Brosnan.
The President declared the resolution adopted.
From the audience, Nancy Gaston, 38685 Jahn, requested to be notified of any
meetings regarding the aforementioned subject matter
A communication from the Department of Law, dated May 15, 1996, re
Cancellation of Uncollectible 1983-1988 Personal Property Taxes, Wayne County
Circuit Court Case No 96-621754 CZ was received and placed on file for the
information of the Council (CR 884-95)
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#565-96 RESOLVED, that having considered a communication dated
May 10, 1996, from the Department of Law transmitting for Council
acceptance three Grants of Easement, more particularly described as
(1) Grant of Easement dated March 5, 1996, executed by Timothy and
Kimberly Symanski, husband and wife, to the City of Livonia, for
Sanitary Sewer Easement:
The southerly eight (8) feet of the following parcel of land
29579
Lot 26, Rouge Trail View Subdivision, as recorded in Liber 78,
Page 90, Wayne County Records, said subdivision being a part of
the S E 1/4 of Section 33, T 1 S , R 9E , City of Livonia, Wayne
County, Michigan (Sidwell No 132-05-0026-000)
(2) Grant of Easement dated February 13, 1996, executed by Leo
Soave, President, Soave Building Co , Inc., a Michigan
corporation, to the City of Livonia, for
Sanitary Sewer Easement'
The South 20 feet of the following parcel of land
That part of the S E 1/4 of Section 33, T 1 S , R. 9 E , City of
Livonia, Wayne County, Michigan, described as beginning at a
point on the North and South 1/4 line of said Section distant North
661 92 feet from the South 1/4 corner of Section 33 and
proceeding thence north along said line 250 0 feet, thence along
the center line of Ann Arbor Trail S 88°29'55" E , 70 60 feet and S
51°38'15" E 59 95 feet, thence South 210 94 feet, thence West
117 59 feet to the point of beginning, except the easterly part
thereof measuring 65 55 feet on the north side (N 51°38'15" W ,
1 59 95 feet and N 88°29'55" W , 5 60 feet from the northeast corner
of the parcel as measured along the center line of Ann Arbor Trail)
and 64 59 feet on the south side, also except the north 60 feet
thereof (Parcel No 132-99-0001-001)
(3) Grant of Easement dated February 13, 1996, executed by Leo
Soave, President, Soave Building Co , Inc , a Michigan
corporation, to the City of Livonia, for
Sanitary Sewer Easement:
The South 20 feet of the following parcel of land
That part of the S E 1/4 of Section 33, T 1 S , R. 9 E , City of
Livonia, Wayne County, Michigan, described as beginning at a
point on the North and South 1/4 line of said Section distant North
661 92 feet from the South 1/4 corner of Section 33 and
proceeding thence north along said line 250 0 feet, thence along
the center line of Ann Arbor Trail S 88°29'55" E , 70 60 feet and S
51°38'15" E 59 95 feet, thence South 210 94 feet; thence West
117 59 feet to the point of beginning, except the westerly part
thereof measuring 65 feet on the north side (along the center line
of Ann Arbor Trail) and 53 0 feet on the south side, also except the
north 60 feet thereof (Parcel No 132-99-0001-002)
29580
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easements 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
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#566-96 RESOLVED, that having considered an application from
Janet T Campbell, 32333 Scone, dated May 22, 1996, requesting
permission to close Scone Street, east of Hubbard to Cranston, on
Saturday, June 15, 1996, from 2 00 p m to 8 00 p m for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval of
the Police Department.
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
I 100 #567-96 RESOLVED, that having considered a communication from
the Director of Community Resources, dated May 15, 1996, approved by
the Finance Director and approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept the donation
of 100 Farmer Jack Food Certificates in denominations of $5 00 each
from the Kiwanis Early Risers to the Community Resources Department to
be used as indicated in the aforesaid communication
On a motion by Taylor, seconded by McGee, and unanimously adopted, it
was
#568-96 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.
Duggan left the podium at 9.14 p m in order to avoid a perceived impropriety regarding
the next Agenda item
On a motion by Taylor, seconded by Feenstra, it was
#569-96 RESOLVED, that having considered a communication from
the City Clerk, dated June 5, 1996, which indicates that the proprietor of
Lakeside Estates Subdivision (formerly known as Parkside Estates
Subdivision), situated in the Southeast 1/4 of Section 33, has delivered
29581
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 5, 1996,
wherein said Commission approved the final plat for the said subdivision
in its resolution 6-95-96, adopted on June 4, 1996, and the Council
having considered a report from the City Engineer, dated May 30, 1996,
recommending approval of the final plat of said subdivision, the
preliminary plat of which was approved by the Council in its resolution
468-96, adopted on May 8, 1996, said preliminary plat having been
recommended for approval by the City Planning Commission on
November 28, 1995, in its resolution 11-233-95, NOW, THEREFORE, the
Council does hereby determine to grant its approval to the final plat of
Lakeside Estates Subdivision, located in the Southeast 1/4 of Section 33,
City of Livonia, Wayne County, Michigan, as submitted by the proprietor
thereof, which proprietor is also hereby required to do all things
necessary to obtain full compliance with the Subdivision Control Act of
Michigan of 1967, as amended, and the ordinances of the City of Livonia,
and FURTHER, the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Vandersloot, McGee, Taylor, Feenstra, Brosnan, and Laura.
NAYS None
The President declared the resolution adopted
Duggan returned to the podium at 9 17 p m
During audience communication, Masoud Shango, 7454 Timbers Edge,
addressed his need for signage for the property located at 13820 Merriman Road (Item
#31 on the agenda, which was referred to the Committee of the Whole)
On a motion by McGee, seconded by Duggan, and unanimously adopted,
this 1,322nd Regular Meeting of the Council of the City of Livonia was adjourned at
919 p m , June 5, 1996
11)
AU vhdr2A
on McCotter, City Clerk