HomeMy WebLinkAboutCOUNCIL MINUTES 1996-05-22 29525
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TWENTY-FIRST
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On May 22, 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 01 p m Councilmember Brosnan delivered the invocation
Roll was called with the following result: Maureen Miller Brosnan, Val
Vandersloot, Michael P McGee, Gerald Taylor, Brian Duggan, Fernon P Feenstra,
and Joe Laura. Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; John
Nagy, City Planner; Gary Clark, Assistant City Engineer; Sean P Kavanagh, City
Attorney; Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs,
Linda McCann, Director of Community Resources, Ronald Reinke, Superintendent of
Parks and Recreation, Michael Deller, City Librarian, and Colleen M McClorey, Human
Relations Committee
On a motion by Taylor, seconded by Feenstra, and unanimously*
adopted, it was
#479-96 RESOLVED, that the minutes of the 1,320th Regular
Meeting of the Council of the City of Livonia, held May 8, 1996, are
hereby approved as submitted
"Councilmember McGee abstained from voting which is recorded as a "yes" vote under
the provisions of Section 2 04 190B of the Livonia Code of Ordinances
Councilmember Brosnan welcomed Boy Scout Troop 271 from St.
Michael's who were present in the audience
During audience communication, Paul Pierson, 33506 Nancy, spoke to
the parental responsibility issue, stated his opposition to government interference in the
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parents' rights in raising their families, and asked if the Council would be addressing
this issue in the future
On a motion by Feenstra, seconded by Duggan, it was
#480-96 RESOLVED, that having considered an application from Lori
Campbell, 35547 Minton Court, dated March 18, 1996, requesting
permission to close Minton, between Minton Court and Hathaway, on
Saturday, August 3, 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 10, 1996, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#481-96 RESOLVED, that having considered an application from
Stephanie F Szczepaniak, 29925 Greenland, dated May 1, 1996,
requesting permission to close Greenland, between Henry Ruff and
Middlebelt, on Saturday, July 6, 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 Sunday, July 7, 1996, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#482-96 RESOLVED, that having considered an application from
Elizabeth Ferries, 32901 Bennett Court, dated May 6, 1996, requesting
permission to close Loveland, between Bennett Court and Bobrich Court,
on Saturday, June 1, 1996, from 12 00 p m to 8 00 p m for the purpose
of conducting a block party, the Council does hereby grant permission as
requested, including therein permission to conduct the said affair on
Sunday, June 2, 1996, in the event of inclement weather, the action taken
herein being made subject to the approval of the Police Department.
#483-96 RESOLVED, that having considered a communication from
Guiseppi Alongi, dated April 20, 1996, requesting to purchase certain
City-owned property located at 28580 Joy Road, west of Harrison Street
(Tax Item No 143-99-0010-000), the Council does hereby refer this
matter to the Department of Law for its report and recommendation
A communication from the Office of the City Clerk, dated April 29, 1996,
re a communication from George A. Cant's, Shantz and Booker, P C , dated April 26,
1996, informing the City of Livonia of the results of the Clarenceville School District
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Special Election (Operating Millage Renewal proposition) held on April 22, 1996, was
Lreceived and placed on file for the information of the Council
#484-96 WHEREAS, Act No 451, P A. 1994, provides for the
conveyance of State-owned tax-reverted lands to municipal units for
public purposes, and
WHEREAS, such lands are under the jurisdiction of the State of Michigan,
Department of Natural Resources, and are available for acquisition under
the provisions of the above-mentioned act and are described as follows
PT OF NE 1/4 SEC 8 T1S R9E BEG S 89D 44M 10S W 517 75
FT FROM NE 1/4 SEC 8 PROC S OOD 16M 30S E 559 92 FT TH
ALONG CUR RAD 275 39 FT CEN ANGLE 45D OOM OOS AN ARC
DIS 216 29 FT CH BEARS 22D 13M 31S W 210 78 FT CUR LEFT
RAD 215 39 FT CEN ANGLE 45D OOM OOS ARC DIS 169 17 FT
CH BEARS S 22D 13M 31S W 164 85 FT TH S OOD 16M 30S E
5 01 FT TH S 89D 44M 10S W 60 0 FT TH N OOD 16M 30S W
5 0 FT TH ALONG CUR TO RIGHT RAD 275 39 FT CEN ANGLE
45D OOM OOS ARC DIS 216 29 FT CH BEARS N 22D 13M 31S E
210 78 FT TH ALONG CUR TO LEFT RAD 215 39 FT CEN ANGLE
45D OOM OOS ARC DIS 169 17 FT CH BEARS N 22D 13M 31S E
164 85 FT TH N OOD 16M 30S W 559 93 FT TH N 89D 44M 105
E 60 0 FT TO POB 1 30907 AC (Tax Item No 029 99 0003
002)
WHEREAS, the City of Livonia desires to acquire said land for urban
renewal purposes,
NOW, THEREFORE BE IT RESOLVED, that the City of Livonia is
authorized to make application to the State of Michigan, Department of
Natural Resources, Lands Division, for conveyance of said land to the
City of Livonia for a nominal fee as set by the Natural Resources
Commission, and
FURTHER, BE IT RESOLVED, that the City of Livonia shall set up
necessary procedures and controls to provide for the proper distribution
of funds in the event of subsequent sale of the acquired property in
conformity with the above-mentioned acts,
AND, the Council does hereby appropriate and authorize the expenditure
of a sum of $75 00 from Account No 101-202-756-000 for this purpose
#485-96 RESOLVED, that having considered the report and
recommendation of the City Librarian, dated May 1, 1996, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, regarding the establishment of resident and non-resident meeting
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room rental rates, the Council does hereby establish rates for meeting
rooms in City facilities for a four-hour rental as follows
NON-PROFIT Current Proposed
Resident
Meeting Room $ 15 $ 20
Auditorium 60 75
Non-Resident
Meeting Room $ 15 $ 50
Auditorium 60 150
CORPORATE/FOR PROFIT
Resident
Meeting Room $ 50 $ 50
Auditorium 265 200
Non-Resident
Meeting Room $ 50 $100
Auditorium 265 350
PROVIDED, FURTHER, with respect to the application of these rates, the
following definitions shall apply
1 Non-profit: Non-profit shall refer to an organization which has
obtained federal tax-exempt status under Internal Revenue Code
Section 501(c)(3), as amended, or a certification as a non-profit or
charitable organization from the appropriate agency of the State of
Michigan, or is recognized as a non-profit organization by
resolution of the Livonia City Council
2 For profit or corporate All organizations not meeting the foregoing
definition of non-profit organizations
3 Resident - individual Any individual who dwells in the City of
Livonia and has a Livonia street address (not a Post Office Box)
4 Resident - corporation or organization To qualify, an organization
or corporation shall have its principal place of business in the City
of Livonia. "Principal place of business" shall mean that the
permanent office or other facility from which the organization's
officers, agents, and employees conduct a substantial portion of
the organization's business Payment of real or personal property
taxes to the City of Livonia demonstrates residency for a
corporation In the absence of such a facility, the term shall refer
to the dwellings of the organization's current president or
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chairperson AND the organization's secretary or treasurer, both of
whom shall be Livonia residents
5 Non-resident The individual or organization does not qualify as a
resident as defined above
#486-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 29, 1996,
which bears the signature of the Finance Director and is approved for
submission by the Mayor, and a communication from Allie Brothers, dated
March 1, 1996, wherein it is indicated that Allie Brothers has offered to
hold the prices bid in 1995 through July 30, 1997, the Council does
hereby accept such offer of Allie Brothers, 20295 Middlebelt, Livonia,
Michigan 48152, for supplying the Department of Public Works with
employee uniforms at the same unit prices previously accepted in Council
Resolution 513-95 (unit prices bid June 29, 1995) for a total estimated
price of$26,642 94, FURTHER, the Council does hereby authorize the
said purchase without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
#487-96 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated May 3, 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 F L. Jursik Company, 245 Victor,
Highland Park, Michigan 48203, for supplying the Public Service Division
(Road Maintenance Section) with one (1) recirculating air street sweeper,
for the net price of$99,583 00, based on a total price of $108,583 00 less
trade-in of $9,000 00, the same having been in fact the lowest bid
received which meets all specifications
#488-96 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated May 3, 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 Cannon Engineering and
Equipment Company, 2011 Heide Street, Troy, Michigan 48084, for
supplying the Public Service Division (Equipment Maintenance Section)
with one (1) telescopic aerial tower, for a total price of $29,844 00,
including installation, the same having been in fact the lowest and only
bid received and meets all specifications
#489-96 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated April 24, 1996, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, and which sets forth Water and Sewer Board resolution WS 3128
29530
4/96, the Council does hereby accept the one year extension of the
quotation submitted in March of 1995 (previously accepted in Council
Resolution 208-95) by S L C Hydro-Meter Testing & Repair, 3059 Dixie
Highway, Waterford, Michigan 48238, to test, repair and calibrate large
commercial water meters at the unit prices quoted for all meter sizes
requested for the period through December 31, 1996, for a total sum not
to exceed $15,542 00, and the Council does hereby authorize the action
herein without competitive bidding in accordance with Section
3 04 140D4 of the Livonia Code of Ordinances, as amended
#490-96 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated April 23, 1996, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, and which sets forth Water and Sewer Board resolution WS 3125
3/96, the Council does hereby accept the quotation of Sensus
Technologies, Inc., P O Box 487, Uniontown, Pennsylvania 15401, to
supply small diameter water meters for the period January 1, 1996,
through December 31, 1998, based upon the unit prices set forth in the
attachment therein and based upon a total increase of two (2%) percent
for 1996 and 1997, and an increase not to exceed four (4%) percent for
1998; FURTHER, it is understood that if the supplier cannot hold the price
increase at or below four (4%) percent for 1998, this matter will be
reviewed further by the Water and Sewer Board and the Council at that
time, FURTHER, the Council does hereby authorize the action herein
without competitive bidding for the reasons outlined in the aforesaid
report and recommendation and in accordance with Section 3 04 140D4
of the Livonia Code of Ordinances, as amended
#491-96 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated February 12, 1996, and the
report and recommendation from the Chief of Police, dated April 25, 1996,
in connection therewith, approved for submission by the Mayor, the
Council does hereby recommend approval of the request from Fat Willy's,
Inc to transfer stock in a 1995 Class C licensed business located at
19170 Farmington Road, Livonia, Michigan 48152, Wayne County, by
dropping Pamela S Friedman as stockholder through transfer of all her
stock (500 shares) to new stockholder, Michael B Friedman, and
dropping Barbara Friedman through transfer of all her stock (500 shares)
to new stockholder, Harold S Friedman (Step II), and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
#492-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 26, 1996, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, to which is attached a letter from Richard L. Hodges,
Engineer of Traffic Operations, Wayne County Division of Roads, dated
April 24, 1996, and a proposed Traffic Signal Agreement, and having
29531
considered the necessity for traffic signal modernization at the
intersection of Six Mile Road and Wayne Road, the Council does hereby
itmo
approve and authorize the said traffic control modernization, FURTHER,
the Council does hereby approve of the City assuming 50% of the
installation and annual maintenance costs for such modernization for this
intersection located in the City of Livonia, and for this purpose does
hereby appropriate and authorize the expenditure of a sum not to exceed
$18,950 00 from the Michigan Transportation Fund (Major Road Account),
and the Mayor and City Clerk are hereby authorized to execute the
attached agreement for and on behalf of the City of Livonia, and the City
Clerk is requested to send a certified copy of this resolution to the Wayne
County Department of Public Services, Division of Roads
#493-96 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 Monday,
July 1, 1996, at 8 00 p m at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 96-3-1-6, submitted by Beck Development Co for a
change of zoning of property located on the east side of Middlebelt
Road between Joy Road and Grandon Avenue in the Southwest
1/4 of Section 36, from RUF, OS, C-1 and P to R-C, the City
Planning Commission in its resolution 4-55-96 having
recommended to the City Council that Petition 96-3-1-6 be denied;
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendment to the
Zoning Ordinance, and/or (b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia as well as
to, not less than fifteen (15) days prior to said public hearing, cause to
have notice to be given by certified mail to each public utility company
and to each railroad company owning or operating any public utility or
railroad within the districts or zones affected, and FURTHER, the City
Clerk is requested to do all other things necessary or incidental to the full
performance of this resolution
#494-96 RESOLVED, that having considered a communication from
Wendy Orluski, dated May 6, 1996, which in accordance with the
provisions of Section 19 08 of Ordinance 543, as amended, the Zoning
Ordinance, takes an appeal from a determination made on April 30, 1996,
by the City Planning Commission in its resolution 4-60-96 with regard to
Petition 96-3-2-12 submitted by Wendy Orluski requesting waiver use
29532
approval to utilize an existing building located on the south side of Ann
Arbor Road between Newburgh Road and Horton Avenue in the
Northeast 1/4 of Section 31, for a child day care center, which property is
zoned C-1, the Council does hereby designate Monday, July 1, 1996, at
8 00 p m as the date and time for conducting a public hearing with regard
to this matter, such hearing to be held at the City Hall, 33000 Civic Center
Drive, Livonia, Michigan, and the City Clerk is hereby requested to do all
things necessary in order to give proper notice in writing, as well as by the
publication of a notice in the City's official newspaper of such hearing and
the date and place thereof, in compliance with the requirements set forth
in Ordinance 543, as amended, the Zoning Ordinance of the City of
Livonia.
#495-96 WHEREAS, pursuant to the direction of the City Council in
its resolution 365-96, adopted on April 10, 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 April 25, 1996, an assessment roll dated April
25, 1996, for the proposed improvement consisting of the installation of
100-watt high pressure sodium lights on colonial post top poles with
underground wiring for the Caliburn Estates Subdivision No 2 in the
Northwest 1/4 of Section 8, 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 365-96,
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
Monday, June 24, 1996, at 7 00 p m to review the said special
assessment roll at which time and place opportunity will be given to all
interested persons to be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to
the aforesaid date of June 24, 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
29533
#496-96 WHEREAS, pursuant to the direction of the City Council in
its resolution 366-96, adopted on April 10, 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 April 25, 1996, an assessment roll dated April
25, 1996, for the proposed improvement consisting of the installation of
100-watt high pressure sodium lights on colonial post top poles with
underground wiring for the Caliburn Manor Subdivision No 2 in the
Northeast 1/4 of Section 7, 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 366-96,
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
Monday, June 24, 1996, at 7 00 p m to review the said special
assessment roll at which time and place opportunity will be given to all
interested persons to be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior to
the aforesaid date of June 24, 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, Feenstra, and
Laura.
NAYS None
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
29534
#497-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 22, 1996,
submitted pursuant to Council Resolutions 538-93, 203-94, 539-94 and
426-95, regarding the possible enactment of an ethics ordinance, the
Council does hereby appoint a Citizens Advisory Committee consisting of
the following individuals ,
, which committee shall make recommendations and a
report to be forwarded to the Department of Law to prepare an
appropriate ethics ordinance amendment for submission to Council
establishing a Code of Ethics (and including a Board of Ethics) to be in
place prior to January 1, 1997, FURTHER, the Department of Law is to
act as supervisor over the procedures and conduct of said Citizens
Advisory Committee, FURTHER, the Council does hereby direct that this
item shall remain in the Committee of the Whole for further consideration
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#498-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 1, 1996,
submitted pursuant to Council Resolution 351-94, in regard to Article XXI,
Zoning Board of Appeals, Section 21 08, Limitations on the Powers of the
Zoning Board of Appeals and Section 21 09, Appeal Procedure, (e)
Determination of Appeal of the City of Livonia, Zoning Ordinance No 543,
as amended, the Council does hereby refer the subject of the preparation
of a list indicating how specific items should proceed through the system
and the jurisdiction of the Zoning Board of Appeals and the Planning
Commission to the Department of Law for its report and recommendation
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#499-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 1, 1996,
submitted pursuant to Council Resolution 383-94, and the communication
from the Department of Law, dated May 10, 1994, which submits a
proposed amendment to the Zoning Ordinance in connection with Petition
93-10-6-6, which would amend Article XXI of the Zoning Ordinance so as
to reduce the membership of the Zoning Board of Appeals from seven (7)
members to six (6) members plus an additional alternate member, with all
seven (7) members serving on a rotating basis, the Council does hereby
determine to take no further action with regard to this matter
On a motion by Feenstra, seconded by Duggan, it was
29535
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 1, 1996,
submitted pursuant to Council Resolution 335-96, and a communication
from Denise Mika-Biga, 35354 Lancashire, Livonia, Michigan, dated
February 23, 1996, requesting the expenditure of additional funds for a
second law firm to represent the citizens' viewpoint on the term limitation
ordinance and in regard to the subject of the present ordinance on term
limits, amendment to Sections 020, 040 and 050C and adding Section
070 to Title 2, Chapter 84 (Primary and Regular Elections), the Council
does hereby request that the Department of Law prepare a new proposed
term limits Charter amendment for submission to Council, which Charter
amendment would be presented as a ballot question for the next general
election
The following individuals from the audience spoke in opposition of having this
matter placed on the ballot again
1) Michael Driscoll, 19229 Shadyside,
2) Bob Snyder, 16774 Ronnie Lane,
3) Ralph Williams, 18630 Foch, and
4) Patricia Holmes, 11015 Merriman
Councilmember Feenstra withdrew his motion on the foregoing resolution
On a motion by Taylor, seconded by Brosnan, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 1, 1996,
submitted pursuant to Council Resolution 335-96, and a communication
from Denise Mika-Biga, 35354 Lancashire, Livonia, Michigan, dated
February 23, 1996, requesting the expenditure of additional funds for a
second law firm to represent the citizens' viewpoint on the term limitation
ordinance and in regard to the subject of the present ordinance on term
limits, amendment to Sections 020, 040 and 050C and adding Section
070 to Title 2, Chapter 84 (Primary and Regular Elections), the Council
does hereby determine to take no further action with respect to this item
The following individuals from the audience spoke at this time
1) Michael Driscoll, 19229 Shadyside - opposed to a "No Further Action" resolution,
2) Patricia Holmes, 11015 Merriman - indicated this was why citizens don't trust
government; and
3) Bob Snyder, 16774 Ronnie Lane - against "No Further Action," wanted this
matter to go to court
A roll call vote was then taken on the foregoing resolution, as follows
29536
#500-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 1, 1996,
submitted pursuant to Council Resolution 335-96, and a communication
from Denise Mika-Biga, 35354 Lancashire, Livonia, Michigan, dated
February 23, 1996, requesting the expenditure of additional funds for a
second law firm to represent the citizens' viewpoint on the term limitation
ordinance and in regard to the subject of the present ordinance on term
limits, amendment to Sections 020, 040 and 050C and adding Section
070 to Title 2, Chapter 84 (Primary and Regular Elections), the Council
does hereby determine to take no further action with respect to this item
with the following result:
AYES Brosnan, McGee, Taylor, Duggan, and Feenstra.
NAYS Vandersloot and Laura.
The President declared the resolution adopted
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#501-96 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 793-94, in connection
with the report and recommendation from the City Engineer, the Planning
Director and the Department of Law, dated October 4, 1994, which bears
the signature of the Finance Director and is approved for submission by
the Mayor, with regard to a proposal to realign Sears Drive and Milburn
Avenue at the intersection of Plymouth Road, the Council does hereby
refer the matter of the preparation of revised plans for this proposed
project to the Engineering Department for its report and recommendation
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#502-96 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 793-94, in connection
with the report and recommendation from the City Engineer, the Planning
Director and the Department of Law, dated October 4, 1994, which bears
16 the signature of the Finance Director and is approved for submission by
the Mayor, with regard to a proposal to realign Sears Drive and Milburn
Avenue at the intersection of Plymouth Road, the Council does hereby
refer the subject of the determination of ownership of Milburn Avenue and
29537
the steps necessary to vacate such property to the Department of Law for
its report and recommendation
On a motion by Duggan, seconded by Taylor, and unanimously adopted,
it was
#503-96 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 793-94, in connection
with the report and recommendation from the City Engineer, the Planning
Director and the Department of Law, dated October 4, 1994, which bears
the signature of the Finance Director and is approved for submission by
the Mayor, with regard to a proposal to realign Sears Drive and Milburn
Avenue at the intersection of Plymouth Road, the Council does hereby
authorize the Department of Law to negotiate the purchase of the
properties owned by Peter Ventura located at 30491 and 30499 Plymouth
Road and certain portions of the adjacent property owned by Toma and
George Palushaj in order to complete such project.
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#504-96 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 793-94, in connection
with the report and recommendation from the City Engineer, the Planning
Director and the Department of Law, dated October 4, 1994, which bears
the signature of the Finance Director and is approved for submission by
the Mayor, with regard to a proposal to realign Sears Drive and Milburn
Avenue at the intersection of Plymouth Road, the Council does hereby
authorize the Department of Law to initiate condemnation proceedings to
acquire the properties owned by Peter Ventura located at 30491 and
30499 Plymouth Road and certain portions of the adjacent property
owned by Toma and George Palushaj in order to complete such project.
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#505-96 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 438-96, in connection
with the report and recommendation from the Department of Law, dated
April 18, 1996, which bears the signature of the Finance Director and the
City Engineer, and is approved for submission by the Mayor, with
respect to the Milburn Avenue Realignment Project and the acquisition of
29538
vacant land located at 30496 Plymouth Road (Toma and George
Palushaj), the Council does hereby determine to take no further action
with respect to this matter
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#506-96 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 439-96, in connection
with the report and recommendation from the Department of Law, dated
April 18, 1996, which bears the signature of the Finance Director and the
City Engineer, and is approved for submission by the Mayor, with
respect to the Milburn Avenue Realignment Project and the acquisition of
right-of-way located at 30499 Plymouth Road (Peter Ventura), the Council
does hereby determine to take no further action with respect to this
matter
Feenstra gave first reading to 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)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 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)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Feenstra gave first reading to the following Ordinance
29539
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)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Duggan left the podium at 9.00 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 VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 93-11-3-5)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Feenstra, and Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Duggan remained off the podium due to a potential conflict of interest on the next
Agenda item as well, as stated by Councilmember Fernon P Feenstra
Taylor took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 11 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 95-11-1-26)
29540
A roll call vote was taken on the foregoing Ordinance with the following result
AYES Brosnan, Vandersloot, McGee, Taylor, Feenstra, and Laura
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Duggan returned to the podium at 9 04 p m
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#507-96 RESOLVED, that having considered a communication from
B Beslach, Owner of The Sideline restaurant located at 36000 Seven
Mile Road, requesting permission to enclose the patio area on the east
side of the restaurant, the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation
On a motion by Brosnan, seconded by Feenstra, and unanimously
adopted, it was
#508-96 RESOLVED, that having considered a communication from
B Beslach, Owner of The Sideline restaurant located at 36000 Seven
Mile Road, requesting permission to enclose the patio area on the east
side of the restaurant, the Council does hereby refer the subject of the
effect this request may have on the operation of the Fox Creek Golf
Course to the Department of Parks and Recreation for its report and
recommendation
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#509-96 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated May 6, 1996, which bears the signature of the
Finance Director and is approved for submission by the Mayor, wherein it
is recommended that Council authorize the temporary use of the area
shown in the attached sketch for approximately 4-1/2 months beginning
May 23, 1996, as a temporary concrete batch plant subject to the
following conditions
1 Provide a Certificate of Insurance on all contractor operations,
29541
2 Hold harmless the City and its agents for wrongdoings occurring on
the site that are the direct result of the contractor's occupancy,
3 Grade and restore the site to its original condition, or better,
directly upon the completion of activities,
4 Secure the site as directed by the DPW,
5 Keep the premises dust free in accordance with the permit issued
by the Wayne County Health Department Air Pollution Control
Division,
6 Abide by all existing laws and regulations, both local and State,
pertaining to erosion, siltation and pollution of water courses,
7 Abide by all local ordinances,
8 Provide service in lieu of rent for 4-1/2 months and excavate an
area 300 feet long by 60 feet wide, and grade the subgrade to
develop a gravel parking lot at Bicentennial Park pursuant to the
sketch attached to the aforementioned report and recommendation,
and
9 That this temporary concrete batch plant shall be used only for City
projects,
the Council does hereby concur in and approve of such action
On a motion by Taylor, seconded by McGee, it was
RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 12, 1995, and the
report and recommendation from the Chief of Police, dated April 18, 1996,
with regard to a request from Fat Willy's, Inc , 19170 Farmington Road,
Livonia, Michigan 48152, Wayne County, for a New Dance-Entertainment
Permit, to be held in connection with its 1995 Class C licensed business,
the Council does hereby refer this item to the Committee of the Whole for
its report and recommendation
From the audience, Michael Driscoll, 19229 Shadyside, spoke in support of Fat
Willy's and asked if sending this matter to Committee of the Whole was just a delaying
tactic.
A roll call vote was then taken on the foregoing resolution, as follows
#510-96 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 12, 1995, and the
29542
report and recommendation from the Chief of Police, dated April 18, 1996,
with regard to a request from Fat Willy's, Inc , 19170 Farmington Road,
Livonia, Michigan 48152, Wayne County, for a New Dance-Entertainment
Permit, to be held in connection with its 1995 Class C licensed business,
the Council does hereby refer this item to the Committee of the Whole for
its report and recommendation
with the following result:
AYES Brosnan, McGee, Taylor, Feenstra, and Laura
NAYS Vandersloot and Duggan
The President declared the resolution adopted
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#511-96 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 12, 1995, and the
report and recommendation from the Chief of Police, dated April 18, 1996,
with regard to a request from Fat Willy's, Inc., 19170 Farmington Road,
Livonia, Michigan 48152, Wayne County, for a New Dance-Entertainment
Permit, to be held in connection with its 1995 Class C licensed business,
the Council does hereby refer the subject of the status of the light in the
parking lot at this location to the Inspection Department and the Police
Department for their respective reports and recommendations
On a motion by Duggan, seconded by Taylor, and unanimously adopted,
it was
#512-96 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated February 6, 1996, and the
report and recommendation from the Chief of Police, dated May 2, 1996,
approved for submission by the Mayor, the Council does hereby approve
of the request from J & Z Investments, Inc. for transfer of ownership of a
1995 SDM licensed business from L & R Super Market, Inc for a
business located at 31300 Five Mile Road, Livonia, Michigan 48154,
Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
Mr Mashni (the petitioner for J & Z) questioned the next step to be taken in this
procedure
29543
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#513-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 6, 1996, which bears
the signature of the Finance Director, is approved as to form by the City
Attorney, and is approved for submission by the Mayor, and to which is
attached a proposed agreement between the State of Michigan, Wayne
County, Oakland County, Farmington Hills and the City of Livonia for the
widening of Eight Mile Road between Halsted (Newburgh) and
Farmington Road, the total cost of such project which is estimated to be
$6,150,000 00 with the City of Livonia's participation estimated at
$317,500 00, the Council does hereby authorize the Mayor and City Clerk
to execute such agreement for and on behalf of the City of Livonia and to
do all things necessary or incidental to the full performance of this
resolution, FURTHER, the Council does hereby appropriate and authorize
the expenditure of a sum not to exceed $317,500 00 from the General
Obligation Road Improvement Bond Issue for this purpose
On a motion by Brosnan, seconded by Vandersloot, and unanimously
adopted, it was
#514-96 RESOLVED, that having considered a communication from
the City Clerk, dated May 7, 1996, which indicates that the proprietor of
Sunset Subdivision, situated in the Northwest 1/4 of Section 2, 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 May 1, 1996,
wherein said Commission approved the final plat for the said subdivision
in its resolution 4-65-96, adopted on April 30, 1996, and the Council
having considered a report from the City Engineer, dated April 26, 1996,
recommending approval of the final plat of said subdivision, the
preliminary plat of which was approved by the Council in its resolution
673-94, adopted on September 28, 1994, said preliminary plat having
been recommended for approval by the City Planning Commission on
February 8, 1994, in its resolution 2-37-94, NOW, THEREFORE, the
Council does hereby determine to grant its approval to the final plat of
Sunset Subdivision, located in the Northwest 1/4 of Section 2, 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
29544
At the direction of the Chair, a communication from Shirley A. Miller,
dated May 4, 1996, re a problem with juveniles loitering and using the road built in
conjunction with-the construction of new homes in the Sunset Subdivision as a "hang
out" was received and placed on file for the information of the Council
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#515-96 RESOLVED, that having considered a communication from
Shirley A. Miller, 20150 Sunset, dated May 4, 1996, regarding loitering
and other problems on Sunset, north of Fargo and east of Eight Mile
Road, the Council does hereby refer this matter to the Mayor and Police
Department for their respective reports and recommendations
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#516-96 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated May 13, 1996,
approved for submission by the Mayor, to which is attached a proposed
lease agreement between the City and the Livonia Public Schools for the
Whitman School property, the Council does hereby approve the lease of
this school property to the City, more particularly described as
Parcel A. That part of the South 1/2 of Section 34, T
1 S , R. 9 E , City of Livonia, Wayne County, Michigan,
described as beginning at a point on the South line of
West Chicago Road (86 feet wide) distant S 01°08'54"
West, 43 00 feet from the center 1/4 corner of Section
34, proceeding thence N 88°36'13" West, 100 00 feet;
thence S 01°0854" West, 655 46 feet; thence S
88°52'08" East, 800 57 feet; thence along a curve to
the left with a chord bearing N 05°02'23" East, a
radius of 663 69 feet and an arc of 90 15 feet; thence
N 01°08'54" East, 297 79 feet; thence along a curve to
the right with a chord bearing N 26°20'15" West, a
radius of 180 00 feet and an arc of 172 59 feet; thence N
01°0752" East, 120 00 feet to said South line of West
Chicago, thence N 88°52'08" West, 630 01 feet to the point
of beginning. 11 73 acres
29545
Parcel C That part of the S W 1/4 of Section 34, T
1 S , R. 9 E , City of Livonia, Wayne County, Michigan,
described as beginning at a point distant S 01°08'54"
West, 43 00 feet, and N 88°36'13" West, 100 00 feet,
and S 01°08'54" West, 1,000 00 feet, and N 88°36'13"
West, 25 00 feet from the center 1/4 corner of Section
34, proceeding thence N 88°36'13" West, 392 50 feet;
thence along a curve to the left with a chord bearing
S 39°04'3Z' East with a radius of 603 00 feet and an
arc of 43 71 feet; thence S 46°02'08" West, 120 00
feet; thence along a curve to the left with a chord
bearing S 43°57'52" East with a radius of 723 00 feet
and an arc of 60 02 feet; thence N 46°0Z08" East, 120 00
feet; thence along a curve to the left with a chord bearing
S 63°55'34" East with a radius of 603 00 feet and an arc of
360 15 feet; thence N 01°08'54" East, 223 54 feet to the
point of beginning 1 48 acres.
Parcel D That part of the S W 1/4 of Section 34, T
1 S , R. 9 E , City of Livonia, Wayne County, Michigan,
described as beginning at a point distant N 88°36'13"
West along the East and West 1/4 line of said Section
34, 100 00 feet, and S 01°08'54" West, 483 00 feet
from the center 1/4 corner of Section 34, proceeding
thence S 01°08'54" West, 560 00 feet; thence N
88°36'13" West, 417 50 feet, thence along a curve to
the right with a chord bearing N 17°54'46" West, a
radius of 603 00 feet and an arc of 401 04, thence N
01°08'54" East, 188 30 feet; thence S 88°36'13" East,
546 02 feet to the point of beginning, except the South
270 00 feet of the East 25 00 feet thereof 6 52
acres (Tax Parcel No 135-99-0003-002)
for no monetary consideration for a ten year period, with the
understanding that the City shall maintain the premises, the action herein
being taken in order to serve the interests of the community; and the
Mayor and City Clerk are hereby authorized for and on behalf of the City
of Livonia to execute the lease and such other documents as may be
necessary or incidental to fulfill the purpose of this resolution, and the
Department of Law is hereby requested to prepare and place in proper
form such legal documents as may be necessary to consummate this
transaction
On a motion by Brosnan, seconded by Vandersloot, it was
29546
WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No
for a proposed street improvement consisting of a 28 foot wide
full-depth asphalt pavement with mountable asphalt curbs (Alternate Ill)
on Savoie and Grove, south of Six Mile Road and east of Middlebelt
Road, in the Northwest 1/4 of Section 13, in the City of Livonia, Wayne
County, Michigan, as required by the provisions of the City Charter and
Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, a
public hearing thereafter having been held thereon on Wednesday, March
20, 1996, at the City Hall, 33000 Civic Center Drive, Livonia, Michigan,
and the City Council having duly met and reviewed the special
assessments levied on the revised special assessment roll as prepared
by the City Assessor to cover the district portion of the cost of the street
improvement to be constructed in Special Assessment District No
, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said revised Special Assessment Roll dated April 4, 1996,
in the amount of $247,723 59, are fair and equitable and based
upon benefits to be derived by construction of improvements
proposed in said district in accordance with the plans of the City
Engineer and resolutions of the City Council,
(2) Said revised Special Assessment Roll No is hereby
approved and confirmed in all respects, effective May 22, 1996,
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent per
annum on the unpaid balance of the assessment from December 1,
1996 Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 1997, and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
29547
of confirmation on the assessment roll, and the said revised
assessment roll shall then be immediately transmitted to the City
Treasurer who shall then publish notice as is required by Section
3 08 190 of the Livonia Code of Ordinances, as amended, and mail
assessment statements to the respective property owners
assessed in the manner and substance as provided by said
Section 3 08 190 Any property owner assessed may pay the
whole or any part of the assessment without interest or penalty up
to December 1, 1996,
(5) The first installment shall be spread upon the 1997 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1996, and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments; provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08.200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
(6) The City Council does hereby determine to pay 15% of the paving
costs ($44,244 65), the cost of the reduction in assessable footage
for 29127 Grove ($2,996 09), and 100% of drainage costs
($80,500 00) for a total amount of $127,740 74
On a motion by Taylor, seconded by McGee, it was.
RESOLVED, that the Council does hereby determine to
substitute a resolution for an Alternate IV street improvement in lieu of the
aforementioned Alternate III improvement.
The following individuals from the audience spoke at this time
1) Patricia Brisch, 29161 Grove - opposed to the paving, and
2) Paul McEachern, 29182 Grove - supported the Alternate IV improvement.
A roll call vote was then taken on the motion to substitute as follows
AYES McGee, Taylor, and Duggan.
NAYS Brosnan, Vandersloot, Feenstra, and Laura.
The President declared the motion to substitute denied
29548
The following individuals from the audience spoke at this time
1) Carol Donahue, 16744 Savoie - supported the Alternate Ill,
2) Ray Kunik, 16737 Savoie - supported paving with proper drainage,
3) Sherry McEachern, 29182 Grove - supported the Alternate IV improvement;
4) Sharon Bushway, 29127 Grove - supported Alt. IV with proper drainage,
5) Bill Meldrum, 16570 Savoie - supported Alt. III,
6) Jim Homer, 16624 Savoie - supported paving with proper drainage,
7) Roxanna Pippin, 29152 Grove - supported paving, either alternate,
8) Bill Tarnacki, 16500 Savoie - supported Alt. III paving,
9) Zofia Leica, 16723 Savoie - supported paving,
10) Sue Gress, 16715 Savoie - also supported paving,
11) Tom Donahue, 16744 Savoie - supported Alt. III,
12) Diana Tarnacki, 16500 Savoie - supported Alt. III,
13) Dave Spellich, 29153 Grove - supported Alt. III or IV with proper drainage,
14) Doreen Stilson, 29200 Grove - supported Alt. III,
15) Louis Caves, 16576 Savoie - opposed to any paving,
16) Ray Kunick, 16737 Savoie - preferred the Alternate III,
17) Paul McEachern, 29182 Grove - supported the Alt. III,
18) Bob Stilson, 29200 Grove - in favor of the Alt. III,
19) Denny Winegarden, 29893 Maclntyre - supported an "Alt. 3 5" for Savoie and an
Alt. IV for Grove,
20) LeAnn Lamont, 16800 Savoie - opposed to the paving,
21) Sharon Bushway, 29127 Grove - asked if the residents would get more
information and/or more options regarding this matter; and
22) Bill Tarnacki, 16500 Savoie - once again supported the Alt. III improvement.
A roll call vote was then taken on the originally proposed resolution by Brosnan,
seconded by Vandersloot, as follows
#517-96 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 380
for a proposed street improvement consisting of a 28 foot wide full-depth
asphalt pavement with mountable asphalt curbs (Alternate III) on Savoie
and Grove, south of Six Mile Road and east of Middlebelt Road, in the
Northwest 1/4 of Section 13, in the City of Livonia, Wayne County,
Michigan, as required by the provisions of the City Charter and Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, a public
hearing thereafter having been held thereon on Wednesday, March 20,
1996, at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and
the City Council having duly met and reviewed the special assessments
levied on the revised special assessment roll as prepared by the City
Assessor to cover the district portion of the cost of the street improvement
to be constructed in Special Assessment District No 380; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
29549
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said revised Special Assessment Roll dated April 4, 1996,
in the amount of $247,723 59, are fair and equitable and based
upon benefits to be derived by construction of improvements
proposed in said district in accordance with the plans of the City
Engineer and resolutions of the City Council,
(2) Said revised Special Assessment Roll No 380 is hereby approved
and confirmed in all respects, effective May 22, 1996,
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent per
annum on the unpaid balance of the assessment from December 1,
1996 Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 1997, and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said revised
assessment roll shall then be immediately transmitted to the City
Treasurer who shall then publish notice as is required by Section
3 08 190 of the Livonia Code of Ordinances, as amended, and mail
assessment statements to the respective property owners
assessed in the manner and substance as provided by said
Section 3 08 190 Any property owner assessed may pay the
whole or any part of the assessment without interest or penalty up
to December 1, 1996,
(5) The first installment shall be spread upon the 1997 City tax roll in
the manner required by Section 3 08 210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1996, and thereafter one (1)
installment shall be spread upon each annual tax roll together with
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
29550
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
(6) The City Council does hereby determine to pay 15% of the paving
costs ($44,244 65), the cost of the reduction in assessable footage
for 29127 Grove ($2,996 09), and 100% of drainage costs
($80,500 00) for a total amount of $127,740 74
with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Feenstra, and Laura.
NAYS Duggan
The President declared the resolution adopted
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#518-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 18, 1996, which sets forth its
resolution 3-34-96, adopted on March 12, 1996, with regard to Petition
96-1-1-2, submitted by Open Door Christian Church for a change of
zoning of property located on the north side of Munger Avenue between
Middlebelt Road and Oporto Street, in the Northeast 1/4 of Section 14,
from OS to RUF, and the Council having conducted a public hearing
with regard to this matter on May 6, 1996, pursuant to Council Resolution
271-96, the Council does hereby approve Petition 96-1-1-2 for
preparation of the ordinance for submission to Council, and the City
Planner is hereby instructed to cause the necessary map for publication
to be prepared indicating the zoning change herein approved and to
furnish the same to the Department of Law and, upon receipt of such
map, the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this
resolution
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#519-96 RESOLVED, that the Council does hereby refer the subject
of the tax status of the property sought to be rezoned by Open Door
Christian Church (Petition 96-1-1-2), located on the north side of Munger
Avenue between Middlebelt Road and Oporto Street in the Northeast 1/4
29551
of Section 14, as well as other parcels occupied by labor unions, to the
City Assessor for a report and recommendation
Councilmember Taylor indicated to the petitioner that at the time of the First Reading,
there could be an Emergency Clause with a subsequent Second Reading, and perhaps
his waiver use petition could catch up to that.
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#520-96 RESOLVED, that having considered a communication from
the Department of Law, dated May 9, 1995, submitted pursuant to Council
Resolution 740-95, transmitting for Council acceptance a Warranty Deed
dated January 5, 1996, executed by Maria Fortuna, conveying to the City
certain property described as follows
The South 60 feet of the following parcel of land
Part of the Southwest 1/4 of Section 4, T 1 S , R. 9
E , City of Livonia, Wayne County, Michigan, beginning
at a point on the South line of said Section 4, South
89°59'37" West 500 56 feet, thence North 00°10'55" East
408 0 feet to the South line of Bicentennial Estates
Subdivision, L99 P77-80, thence South 89°59'37" West
132 0 feet to the East line of said subdivision, thence
South 00°10'55" West 78 0 feet, thence North 89°59'37"
East 15 0 feet, thence South 00°10'55" West 330 0 feet
to the South line of Section 4, thence North 89°59'37"
East 117 0 feet to POB 1 12 Ac. Subject to easements
of record (Parcel No 015-99-0020-002)
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Warranty Deed, and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to do
all other things necessary or incidental to fulfill the purpose of this
resolution, and FURTHER, that the Mayor and City Clerk are authorized
to execute a Quit Claim Deed conveying the above described property to
the County of Wayne in a form to be approved by the Department of Law
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#521-96 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated April 24, 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
29552
the donation of 11 Motorola SP10 radios (valued at $1,925 00) and
approximately 296' of crowd control fencing (valued at $3,000 00) from
the Livonia Anniversary Committee, and three scoreboards (approximate
value of $8,000 00) to be installed at the new Bicentennial ball fields from
the Friends of Livonia Parks and Recreation, as indicated in the aforesaid
communication
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#522-96 RESOLVED, that having considered a communication from
the Department of Law, May 7, 1996, the Council does hereby, by a two-
thirds roll call vote in accordance with Section 7(1) of the Open Meetings
Act, direct that a closed Committee of the Whole meeting be held
Tuesday, June 4, 1996, at 6 30 p m for the purposes of discussing
litigation matters and attorney/client privileged communications in
connection with pending litigation
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#523-96 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 Duggan, seconded by Feenstra, and unanimously
adopted, it was
#524-96 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 748-95, in connection
with a communication from the Department of Community Resources,
dated September 25, 1995, to which is attached a proposed informational
handout for residents explaining the procedure for obtaining street
paving projects by special assessment, the Council does hereby approve
such informational handout, as revised, for public distribution
On a motion by Duggan, seconded by Taylor, it was
#525-96 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated May
14, 1996, submitted pursuant to Council Resolution 792-95, in connection
with the report and recommendation of the City Engineer, dated October
13, 1995, approved for submission by the Mayor, to which is attached a
letter from Richard L. Hodges, Engineer of Traffic Operations, Wayne
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County Division of Roads, dated July 6, 1994, and having considered the
necessity for installation of pedestrian indicators and traffic signal
modernization at the intersection of Five Mile and Levan Roads, the
Council does hereby approve and authorize the said installation of
pedestrian indicators and traffic control modernization and does hereby
request that the County of Wayne begin redesign plans for this
intersection, FURTHER, the Council does hereby approve of the City
assuming 50% of the cost of such modernization at this intersection, and
for this purpose, does hereby appropriate and authorize the expenditure
of a sum not to exceed $20,000 00 from the Michigan Transportation
Fund (Major Road Account), and the Mayor and City Clerk are hereby
authorized to execute a contract for and on behalf of the City of Livonia
for such work; and the City Clerk is requested to send a certified copy of
this resolution to the Wayne County Department of Public Services,
Division of Roads, PROVIDED, FURTHER, that the Council does hereby
amend and revise Council Resolution 800-94 so as to provide that the
public sidewalk, which is to be constructed along Levan Road from Five
Mile Road to the south end of the parking lot for the new addition to St.
Mary Hospital, and along Five Mile Road, west to the driveway of the
extended care facility, shall be constructed on or before December 5,
1997, and the balance of Council Resolution 800-94 shall remain in full
force and effect.
Dianne Marietti, 15044 Fairway - addressed the time frame for this proposed
paving
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Vandersloot, McGee, Taylor, Duggan, and Feenstra
NAYS Laura
The President declared the resolution adopted
On a motion by Vandersloot, seconded by Taylor, it was
#526-96 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated May 20,
1996, submitted pursuant to Council Resolution 408-96, and the reports
and recommendations of the Department of Law, dated April 9, 1996, and
April 22, 1996, approved for submission by the Mayor, to which is
attached a proposed lease agreement between the City of Livonia and
PowerFone, Inc., d/b/a Nextel Communications, for the lease of City-
owned property at Whispering Willows Golf Course for a five-year period
with five successive five-year renewal periods at a monthly rate of
$833 00, with such monthly rental to increase by 4% per year in
connection with the installation of a communications tower to be
constructed by PowerFone, Inc , the Council does hereby authorize the
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Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
the attached agreement, as revised, 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, PROVIDED, FURTHER, that the
proceeds of said lease shall be used to assist in reducing or maintaining
existing golf course rates
A roll call vote was taken on the foregoing resolution with the following result.
AYES Vandersloot, Taylor, Duggan, Feenstra, and Laura
NAYS Brosnan and McGee
The President declared the resolution adopted
Councilmember Feenstra commented on the appearance of the communications
equipment, i e , the necessity of a peaked roof with overhang
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#527-96 RESOLVED, that having considered a communication from
Charles G Tangora on behalf of Exhibit Works, Inc., dated April 18, 1996,
which transmits an offer to purchase an additional 14,250 square feet of
vacant land owned by the City of Livonia, located adjacent to and
immediately south of the land previously authorized to be sold to Exhibit
Works, Inc. in Council Resolution 796-95 (which land is located to the
west of Exhibit Works, Inc buildings on Merriman Road), the Council
does hereby accept the offer to purchase such additional City-owned
property submitted by Exhibit Works, Inc., 13211 Merriman Road, Livonia,
Michigan, the description of which is as follows
The South 350 feet of the North 780 feet of the West 150 feet of
the East 975 feet of the South 1/2 of the N E 1/4 of Section 27, T
1 S , R. 9 E , City of Livonia, Wayne County, Michigan (Part of
#105-99-0043-004)
and
That part of a vacated public right-of-way commonly known as
Industrial Road being more particularly described as follows
The East 150 feet of a parcel of land in the N E 1/4 of Section 27,
T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan,
described as follows
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Beginning at the center 1/4 corner of Section 27, T 1 S , R 9E ,
and proceeding thence N 0°26'20" E , 49 50', thence along the N
line of the C & 0 Railroad right-of-way, S 89°25'50" E , 860 88',
thence N 0°07'33" W , 494 93' to the point of beginning of the
parcel herein described, thence S 89°29'50" E , 977 36', thence N
0°07'30" W , 30 00', thence N 89°29'50" W , 977 36', thence S
0°07'30" E , 30 00' to the point of beginning, containing 0 673
acres
FOR THE ADDITIONAL SUM OF $14,000 00, which sale is conditioned
upon the purchaser providing such title work as may be required for this
transaction, the action herein being taken in order to best serve the
interests of the community and in accordance with Section 3 05 090(a) of
the Livonia Code of Ordinances, as amended, and the Department of Law
is hereby requested to prepare and place in proper form such legal
documents as may be necessary to consummate this transaction in
conjunction with the sale of adjacent land previously authorized in Council
Resolution 796-95, and the Mayor and City Clerk are hereby authorized
for and on behalf of the City of Livonia to execute a Quit Claim Deed for
the entire parcel (total purchase price of which shall be $57,000 00) and
such other documents as may be necessary or incidental to fulfill the
purpose of this resolution
During the audience communication portion at the end of the meeting, the
following individuals spoke
1) Sharon Bushway, 29127 Grove - inquired as to how her property would be
handled with regard to frontage (re paving of Savoie and Grove),
2) Paul McEachern, 29182 Grove - questioned the necessity of six (6) votes on the
Savoie/Grove paving matter;
3) Chris Elliott, 32458 Merriman - supported Item #30 (lease of the Whitman
School property) and also addressed Item #16 and the Citizens Advisory
Committee, offering to participate (he was advised to contact the Mayor), and
4) LeAnn Lamont, 16800 Savoie - questioned the time frame for the paving of
Savoie and Grove
On a motion by Brosnan, seconded by Feenstra, and unanimously
adopted, this 1,321st Regular Meeting of the Council of the City of Livonia was
adjourned at 10 35 p m , May 22, 1996.
Joan ; cCo ter, City Clerk`J