HomeMy WebLinkAboutCOUNCIL MINUTES 1995-11-20 29156
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND NINTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On November 20, 1995, 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 02 p m Councilmember Toy delivered the invocation.
Roll was called with the following result: Laura M. Toy, Dale A. Jurcisin,
Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, Maureen Miller Brosnan,
and Gerald Taylor Absent: None
Elected and appointed officials present: Robert D Bennett, Mayor; John
Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K. White, City Attorney; Joan
McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, Michael T
Slater, Finance Director; Ronald Reinke, Superintendent of Parks and Recreation,
David Woodcox, Sr Building Inspector; and Dorothy Wilshaw, Arts Commission.
On a motion by McGee, seconded by Toy, and unanimously adopted, it
was.
#814-95 RESOLVED, that the minutes of the 1,308th Regular
Meeting of the Council of the City of Livonia, held November 8, 1995, are
hereby approved as submitted
On a motion by Feenstra, seconded by Toy, and unanimously adopted, it
was.
#815-95 WHEREAS, the City of Livonia has traditionally managed
the rights-of-way for the public health, safety and welfare of Livonia
residents, and
WHEREAS, the City of Livonia has acquired rights-of-way with public
funds to be held in trust for Livonia residents, and
WHEREAS, the City of Livonia is entitled to fair compensation for the use
of public rights-of-way by all users, and
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WHEREAS, the City of Livonia has an obligation to manage zoning of
cellular antennas and cellular dishes, and
WHEREAS, the City of Livonia supports and encourages the
development of competition in the telecommunications industry, but
without public subsidization of private sector companies,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Livonia hereby endorses adoption of federal telecommunications
legislation HR 1555 and SB 652 with the following amendments
1 Deletion of provisions in HR 1555 that preempt local taxation over
direct broadcast satellite services
2. Deletion of provisions in HR 1555 that could subject local zoning
decisions regarding cellular radio towers and satellite dishes to
preemption by FCC
3 That supports the concept of management, control, and just
compensation for the use of rights-of-way in the local community
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor Engler, State Senator R. Robert Geake, State Representative
Lyn Bankes, State Representative Gerald Law, the MML State and
Federal Affairs Division, the Conference of Western Wayne, and our
congressional delegation and to members of the Joint House-Senate
Conference Committee
During the audience communication portion of the meeting, George
Boller, 36270 Hammer, Livonia, thanked the Mayor, the City Clerk, and the City
Attorney for their assistance pertaining to his Freedom of Information requests He
also made comments pertaining to Nomination Petitions and a 2-yr residency
requirement, Amendment#25 of the Livonia City Charter where it addresses the
commencement of term of office of Councilmen, as well as the proposed rezoning of
the Greenmead property, directing to the attention of the Council Section 5.2084(e) of
Michigan law and asking that they take no action on this matter at this time.
Councilmember Feenstra recognized his son, Kelly, who was present in
the audience
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A communication from the Department of Law, dated November 17, 1995,
re Freedom of Information requests submitted by George Boller was received and
placed on file for the information of the Council
Councilmember Brosnan responded to George Boller's previous
allegations that she did not meet the residency requirements to run for an elected office
and that she had lied on her Nomination Petition, specifically regarding the Change of
Name section, and also requested the legal input of City Attorney Cathryn K. White
regarding this matter
At the direction of the Chair, Items #1 and 3 were removed from the
Consent portion of the Agenda
On a motion by McGee, seconded by Jurcisin, it was
#816-95 RESOLVED, that having considered a letter from Sister
Lucille, 0 P , Administrator of Villa Marie, 15131 Newburgh Road,
Livonia, Michigan 48154, dated October 19, 1995, the Council does
hereby take this means to indicate that Villa Marie is recognized by the
City of Livonia as a non-profit service organization and that the City of
Livonia has no objection to a license being issued to Villa Marie by the
Michigan Bureau of State Lottery
#817-95 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
November 2, 1995, which bears the signature of the Finance Director and
is approved for submission by the Mayor, the Council does hereby
authorize the Department of Parks and Recreation to begin negotiations
with the Livonia Public Schools for the purchase of approximately 16
acres of school property (old Whitman School) in Section 34 in the City of
Livonia for the purpose of maintaining additional park land
#818-95 RESOLVED, that having considered the report and
recommendation of the Director of Building Inspection, dated November
6, 1995, which bears the signature of the Finance Director and is
approved for submission by the Mayor, the Council does hereby authorize
J R. Mathews, Inc., P 0 Box 530334, Livonia, Michigan 48153-0334 to
demolish and remove the structure at 18405 Melvin for the quoted price of
$4,800 00, the same to be appropriated and expended from the Civic
Improvement - Unsafe Buildings Account (205-525-882-050) with the
provision that said account be reimbursed at such time as funds are
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subsequently recovered from the owners of the above property as
provided for in Section 15 52.180 of the Livonia Code of Ordinances,
FURTHER, the Council does hereby authorize the said item without
competitive bidding in accordance with Section 3 04 140D4 of the Livonia
Code of Ordinances, as amended
#819-95 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated October 23, 1995, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize B&V Construction, Inc., 48400 West Road,
P 0 Box 930029, Wixom, Michigan 48393-0029, to provide snow removal
services for City streets during the 1995-96 snow season for snowfalls of
over four inches in accumulation when authorized to do so by the Mayor,
pursuant to terms stated in the attached letter dated October 17, 1995,
FURTHER, the Council does hereby authorize the said item without
competitive bidding in accordance with Section 3 04 140D4 of the Livonia
Code of Ordinances, as amended
#820-95 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and the Director of Public
Works, dated October 31, 1995, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, the Council
does hereby authorize the Mayor and City Clerk to execute the following
contracts.
1 A one-year extension beginning December 1 , 1995, of the existing
City Hall elevator maintenance contract with Millar Elevator Service
Company, 21420 Melrose Avenue, Southfield, Michigan 48075, at
the monthly rate of $650 94,
2 A one-year extension beginning December 1, 1995, of the existing
Civic Center Library elevator maintenance contract with Otis
Elevator Company, 25365 Interchange Court, Farmington Hills,
Michigan 48335, at the monthly rate of $413 39;
3 A one-year extension beginning December 1, 1995, of the existing
Police Headquarters elevator maintenance contract with Schindler
Elevator Corporation, 11853 Belden Court, Livonia, Michigan
48150, at the monthly rate of$149 35, and
4 A one-year contract beginning December 1, 1995, for maintenance
of the 16th District Court elevator with Montgomery KONE, Inc.,
11864 Belden Court, Livonia, Michigan 48150, at the monthly rate
of $120 00;
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FURTHER, the Council does hereby authorize payments to be made to
the four companies for services rendered subsequent to expiration of the
previous contracts; FURTHER, the Council does hereby authorize the
aforesaid items without competitive bidding in accordance with the
provisions set forth in Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended.
#821-95 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated October 3, 1995, and the
report and recommendation from the Chief of Police, dated October 27,
1995, approved for submission by the Mayor, with regard to an
application from Nicholas Party Store, Inc. to transfer location of 1995
SDD-SDM licensed business with Sunday Sales permit at 13820
Merriman, Livonia, Michigan, Wayne County, to a building with the same
address, the Council does hereby approve the said request (subject to
final inspection) inasmuch as the same would meet all local statutory and
ordinance requirements, and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor Control
Commission.
#822-95 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated November 3, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of twelve (12) patrol vehicles from Campus Ford, Inc., P 0 Box
740, Okemos, MI 48884, for a total of price of $228,324 00 and the
purchase of nine (9) investigative vehicles and six (6) intelligence
vehicles for a total price of $232,500 00 from Jack Cauley Chevrolet,
7020 Orchard Lake Road, West Bloomfield, Michigan 48322 and Red
Holman Pontiac/GMC, 35300 Ford Road, Westland, Michigan 48185, the
total amount of $460,824 00 to be expended from funds already budgeted
for this purpose, FURTHER, the Council does hereby determine to
authorize the said purchase without competitive bidding inasmuch as the
same is based upon the low State of Michigan bid price (under Contract
No 071B5000977) and the low Oakland County consortium bid; and such
action is taken in accordance with the provisions set forth in Section
3 04 150D4 of the Livonia Code of Ordinances, as amended.
#823-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 23, 1995, approved
for submission by the Mayor, the Council does hereby authorize the
release to Phoenix Land Development Corporation, 32000 Northwestern
Highway, Suite 145, Farmington Hills, Michigan 48334, the proprietor of
Forest Oaks Subdivision, located in the Southeast 1/4 of Section 31, of
the financial assurances previously deposited pursuant to Council
Resolution 633-93 adopted on August 16, 1993, and subsequently
amended by Council Resolution 922-93 adopted on November 22, 1993,
specifically.
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a) Sidewalk Bond $10,500 00 ($3,000 00 minimum cash),
b) Grading and Soil Erosion Control ($2,000 00 cash),
c) Monuments and Markers ($520 00 cash), and
d) Street Lighting ($4,224 24 cash balance),
and the action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these improvements
have been satisfactorily installed in accordance with the rules and
regulations and ordinances of the City of Livonia.
#824-95 RESOLVED, that having considered the report and
recommendation of the.City Engineer, dated October 24, 1995, approved
for submission by the Mayor, with regard to a request from the Wayne
County Department of Public Services that the City take jurisdiction and
control of a section of 4" storm sewer as part of the construction of an
apartment building at 28330-28354 Five Mile Road in the Southwest 1/4
of Section 13, the Council does hereby determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans and further that the City will accept jurisdiction and
maintenance (at no expense to the County) of approximately 30 I f
of 4" storm sewer within the Five Mile Road right-of-way in
connection with the development of the apartment building site
located on the north side of Five Mile Road in the Southwest 1/4 of
Section 13 (See attached letter from Las Brisas Development
Company indicating its willingness to reimburse the City for any
such maintenance that may become necessary),
2 To authorize the City Engineer to execute a Wayne County permit
on behalf of the City of Livonia in connection with the above storm
sewer construction
#825-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 26, 1995, approved
for submission by the Mayor, with regard to a request from the Wayne
County Department of Public Services that the City take jurisdiction and
control of a section of 4" storm sewer as part of the construction of a law
office at 15530 Middlebelt, the Council does hereby determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans and further that the City will accept jurisdiction and
maintenance (at no expense to the County) of approximately 12 If
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of 4" storm sewer within the Middlebelt Road right-of-way in
connection with the construction of a law office to be located at
15530 Middlebelt Road in the Southwest 1/4 of Section 13 (See
attached letter from Rose M. Dasaro, Attorney and Counselor at
Law, indicating her willingness to reimburse the City for any such
maintenance that may become necessary),
2. To authorize the City Engineer to execute a Wayne County permit
on behalf of the City of Livonia in connection with the above storm
sewer construction.
#826-95 RESOLVED, that having considered a communication from
the City Engineer, dated October 23, 1995, the Council does hereby
determine to amend and revise Council Resolution 655-95 so as to have
the same read as follows
RESOLVED, that having considered the report and
recommendation of the City Engineer and Superintendent of Parks
and Recreation, dated August 8, 1995, which bears the signature
of the Finance Director and is approved for submission by the
Mayor, the Council does hereby accept the unit price bid of
General Electric Contracting, Inc., P 0 Box 46579, Mt. Clemens,
Michigan 48046-6579, for completing all work required in
connection with the Ford Field Ball Diamond Lighting
Improvements (Contract 95-T) for the estimated total cost of
$215,820 00 based upon the Engineering Department's estimate of
units involved (Item #8 lightning protection in the amount of
$17,712 00 has been deleted pursuant to the Parks and
Recreation Superintendent's request), based upon the Engineering
Department's estimate of units involved and subject to a final
payment based upon the actual units completed in accordance with
the unit prices accepted herein, said estimated cost and unit prices
having been in fact the lowest bid received for this item;
FURTHER, the Council does hereby authorize the expenditure of a
sum not to exceed $150,000 00 from amounts currently budgeted
in the Capital Projects Fund, Account No 401-000-976-023 and
the additional appropriation of a sum not to exceed $65,820 00
from the Unexpended Fund Balance of the Capital Projects Fund to
be transferred to the above-referenced account for this purpose,
and the City Engineer is hereby authorized to approve minor
adjustments in the work as it becomes necessary; and the Mayor
and City Clerk are hereby authorized to execute a contract for and
on behalf of the City of Livonia with the aforesaid bidder and to do
all other things necessary or incidental to the full performance of
this resolution
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#827-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 26, 1995, approved
for submission by the Mayor, regarding replacement and/or construction
of new sidewalks in the City of Livonia pursuant to the 1994 Sidewalk
Repair Program at the locations and in the amounts indicated in the
attachment to the aforesaid communication, which work was done
pursuant to Council Resolution 166-94, and in accordance with the
provisions of Section 12 04 340 of Chapter 4 of Title 12 of the Livonia
Code of Ordinances, as amended, the City Treasurer is hereby directed
to send a statement of charges to all property owners in the amounts
listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of
the Livonia Code of Ordinances, as amended, and the Council does
hereby establish the evening of Wednesday, January 31, 1996 at 8 00
p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan,
as the time and place when the Council shall meet for the purpose of
adopting a resolution placing a special assessment upon said property for
such charges unless the same are paid prior to the date of such meeting,
and the City Clerk and City Treasurer are hereby requested to do all
things necessary or incidental to the full performance of this resolution
#828-95 RESOLVED, that having considered a communication from
the City Planning Director, dated November 2, 1995, which transmits the
Capital Improvement Program 1996 - 2001, the Council does hereby refer
this item to the Capital Improvement Committee for its report and
recommendation
#829-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 31, 1995, to which is
attached a copy of resolution 8-164-95 wherein the Commission did
amend Part VII of the Master Plan of the City of Livonia, the Future Land
Use Plan, so as to update the Future Land Use Plan in accordance with
actual and proposed revisions which have occurred since adoption of the
plan on June 10, 1975, the Council does hereby certify and acknowledge
receipt of same, 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
#830-95 RESOLVED, that having considered a request from Robert
J Ryan, regarding the possibility of amending the Silver Village Lease
Agreements to allow senior residents to keep cats in the City-owned
housing units, the Council does hereby refer this matter to the Housing
Commission for its report and recommendation
#831-95 WHEREAS, the City of Livonia has received a request from
Action Distributing Company, Inc., dated October 30, 1995, which submits
an application proposing the establishment of an industrial development
district; and
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WHEREAS, pursuant to Act 198 of the Public Acts of 1974, 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 lying in the Northeast 1/4 of Section 29 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 60",
NOW, 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 60
2 This City Council sets Wednesday, January 10, 1996 at 8 00 p m.
as the date for the holding of a public hearing on the question of
whether 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
#832-95 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, January 10, 1996 at 8 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following item
Petition 95-6-1-12, submitted by the City Planning Commission,
pursuant to Council Resolution 418-95, for a change of zoning of
41 5 acres of the Greenmead property which lies west of the U S
Post Office and north of Pembroke Road in the Northeast 1/4 of
Section 6 from PL to R-4, the City Planning Commission in its
resolution 10-219-95 having recommended to the City Council that
Petition 95-6-1-12 be approved as modified by the deletion of 3 5
acres of wooded property;
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
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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.
#833-95 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, January 24, 1996 at 800 p m. at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following items
(1) Petition 95-9-6-7, submitted by the City Planning Commission,
pursuant to Council Resolution 376-95, to determine whether to
amend Section 2.10 of the Zoning Ordinance so as to increase the
size of detached garages on lots 1/2 acre or more in area, the City
Planning Commission in its resolution 10-207-95 having
recommended to the City Council that Petition 95-9-6-7 be denied,
(2) Petition 95-9-6-8, submitted by the City Planning Commission,
pursuant to Council Resolution 377-95, to determine whether to
amend Section 18 50H of the Zoning Ordinance with respect to
commercial wall signs on corner lots, the City Planning
Commission in its resolution 10-208-95 having recommended to
the City Council that Petition 95-9-6-8 be approved; and
(3) Petition 95-9-6-9, submitted by the City Planning Commission to
determine whether to amend Section 18 50D of the Zoning
Ordinance regarding political signs, the City Planning Commission
in its resolution 10-209-95 having recommended to the City
Council that Petition 95-9-6-9 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(s) to the
Zoning Ordinance, and/or (b) location of the proposed change(s) 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
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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.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, and Taylor
NAYS None
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was.
#834-95 RESOLVED, that having considered a letter from Kathy
Facione, 16769 Fitzgerald, Livonia, Michigan 48154, dated October 23,
1995, with regard to the Church of Jesus Christ of Latter-day Saints 8th
Annual Christmas Creche Exhibit (nativity scenes) to be displayed in the
church building on the corner of Six Mile Road and Merriman, and
wherein permission is requested to place signs at the following locations
throughout the City from November 25, 1995 through December 6, 1995
1) (1) 4' x 5' wooden sign on the lawn of the church directly in front of
the building, set back at least 10 feet from the sidewalk on the
south side of the property;
2) (2) 3' x 4' two-sided sandwich board signs located on the lawn of
the church at each driveway (one off Six Mile and one off
Merriman) set back at least 10 feet from the sidewalk;
3) (25) wire lawn signs (size 11' x 14') with these words
"Nativity Exhibit"
Dec. 1 - 4
Corner of 6 Mile and Merriman
at the following corners
Five Mile and Newburgh
Six Mile and Newburgh
Seven Mile and Newburgh
Eight Mile and Newburgh
Plymouth Road and Newburgh
Joy Road and Newburgh
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Five Mile and Levan
Six Mile and Levan
Seven Mile and Levan
Seven Mile and Wayne
Six Mile and Wayne
Lyndon and Farmington
Seven Mile and Farmington
Plymouth and Farmington
Five Mile and Hubbard
Six Mile and Hubbard
Five Mile and Merriman
Seven Mile and Merriman
Eight Mile and Merriman
Five Mile and Middlebelt
Six Mile and Middlebelt
Seven Mile and Middlebelt
Six Mile and Inkster
Merriman Road Post Office
Newburgh Road Post Office
the Council does hereby concur in and approve this request in the
manner and form herein submitted
On a motion by Feenstra, seconded by Toy, and unanimously adopted, it
was
#835-95 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Housing Commission,
dated October 30, 1995, which bears the signature of the Finance
Director and is approved for submission by the Mayor, with regard to a
request to demolish a City-owned house acquired through property tax
reversion located at 9864 Stark Road, Livonia, Michigan, the legal
description of which is as follows:
Lot 92 exc the E 420 0 ft thereof Also the N 34 0 ft of the W 147 0
ft of Lot 93, Supervisor's Livonia Plat No 2, L66 P1 WCR
(129-01-0092-003)
the Council does hereby refer this item to the Department of Law for its
report and recommendation relative to the chain of title and the subject of
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proper notice and/or the appropriate procedure to be followed prior to
demolition, FURTHER, the Council does hereby authorize the Housing
Commission and the Inspection Department to do all things necessary to
begin the process for possible demolition of the said structure in
accordance with the provisions of City ordinance and law, subject to final
approval by the Council prior to commencement of demolition.
Feenstra took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 6 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 95-2-1-3)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it
was
#836-95 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated July 12, 1995, and the
report and recommendation of the Chief of Police, dated October 20,
1995, approved for submission by the Mayor, the Council does hereby
recommend approval of the request from GMRI Inc., holder of 1995 Class
C licenses located at 14000 Middlebelt Road, Livonia, Michigan, Wayne
County, 29980 Plymouth Road, Livonia, Michigan, Wayne County and
13800 Middlebelt, Livonia, Michigan, Wayne County, to drop General
Mills, Inc. as stockholder, through transfer of all of its stock to new
stockholder Darden Restaurants, Inc., and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission.
On a motion by Feenstra, seconded by Jurcisin, it was
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#837-95 RESOLVED, that having considered a communication from
the City Assessor, dated October 2, 1995, approved for submission by the
Mayor, with regard to a request from PPP Group Inc., 6600 Highland
Road, Waterford, Michigan 48327 and Brian Peters, 30439 Ledgecliff,
Westland, Michigan 48185, and in accordance with the provisions of 1967
PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby approve of the proposed division and
combination of Tax Item No 46 045 03 0043 000 into two parcels, the
legal descriptions of which shall read as follows
PARCEL A.
Lots #43 & 44, Dohany Subdivision, L 64, P 95 Plats, W C R.
PARCEL B.
Lots #83 and 84, Dohany Subdivision, L. 64, P 95 Plats, W C R.
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds, provided, however, that to the
extent required by law and City ordinance, the action herein is made
subject to the approval of the Zoning Board of Appeals
A roll call vote was taken on the foregoing resolution with the following result:
AYES Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, and Taylor
NAYS Toy
The President declared the resolution adopted
On a motion by Feenstra, seconded by Jurcisin, it was
#838-95 RESOLVED, that the Council does, in accordance with
Section 23 01(a) of Zoning Ordinance 543, hereby request that the City
Planning Commission conduct a public hearing and thereafter submit its
report and recommendation on the question of whether certain property
located in that part of Dohany Subdivision lying west of Lathers Avenue in
the Northeast 1/4 of Section 12 should be rezoned from RUE to a more
appropriate zoning classification, such as R-1
A roll call vote was taken on the foregoing resolution with the following result:
AYES Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, and Taylor
NAYS Toy
The President declared the resolution adopted
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On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#839-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 26, 1995, approved
for submission by the Mayor, with regard to a request from the Wayne
County Department of Public Services that the City take jurisdiction and
control of a section of 12" storm sewer as part of the construction of
Livonia Commercial Center at 15303-15399 Merriman Road, the Council
does hereby determine as follows.
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plansand further that the City will accept jurisdiction and
maintenance (at no expense to the County) of approximately 40 If
of 12" (combined length) storm sewer within the Merriman Road
right-of-way in connection with the development of the commercial
building site located on the north side of Five Mile Road at
Merriman Road in the Southeast 1/4 of Section 15 (See attached
letter from the Village Center of Livonia indicating its willingness to
reimburse the City for any such maintenance that may become
necessary),
2 To authorize the City Engineer to execute a Wayne County permit
on behalf of the City of Livonia in connection with the above storm
sewer construction
On a motion by Kavanagh, seconded by Toy, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated November 2, 1995, which transmits
its resolution 10-206-95, adopted on October 24, 1995, with regard to
Petition 95-9-2-28, submitted by Arbor Drugs, Inc. requesting waiver use
approval for an SDM license for a proposed store to be located within the
Four Oaks Shopping Center located on the northwest corner of Newburgh
and Joy Roads in the Southeast 1/4 of Section 31, which property is
zoned C-2, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 95-9-2-28 is hereby
approved and granted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Kavanagh.
NAYS Toy, Jurcisin, Feenstra, McGee, Brosnan, and Taylor
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The President declared the resolution denied
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#840-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 2, 1995, which transmits
its resolution 10-206-95, adopted on October 24, 1995, with regard to
Petition 95-9-2-28, submitted by Arbor Drugs, Inc. requesting waiver use
approval for an SDM license for a proposed store to be located within the
Four Oaks Shopping Center located on the northwest corner of Newburgh
and Joy Roads in the Southeast 1/4 of Section 31, which property is
zoned C-2, the Council does hereby reject the recommendation of the
Planning Commission and Petition 95-9-2-28 is hereby denied for the
following reasons
1 That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the general waiver use
standards and requirements as set forth in Section 19 06 of Zoning
Ordinance #543, and
2 That there is no demonstrated need for SDM licensed facilities in
the subject area
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#841-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 2, 1995, which transmits
its resolution 10-205-95, adopted on October 24, 1995, with regard to
Petition 95-9-2-27, submitted by Michael C Petty, DVM dba Arbor Pointe
Veterinary Hospital, requesting waiver use approval to operate a
veterinary clinic within the Four Oaks Plaza shopping center located on
the northwest corner of Newburgh and Joy Roads in the Southeast 1/4 of
Section 31 , which property is zoned C-2, and having also considered a
communication from Arbor Pointe Veterinary Hospital, dated November
14, 1995, Petition 95-9-2-27 is hereby denied for the reason that this is no
longer a viable request, since the petitioner has withdrawn same by letter
dated November 14, 1995
On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it
was
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#842-95 RESOLVED, that having considered a letter from the law
firm of Brashear, Tangora and Spence, LLP, dated September 26, 1995,
submitted in behalf of its client, Mr Nick Moutafis, President of Moutafis,
Inc., wherein a request is submitted for an approval of an extension of the
existing Concession Agreement between the City and Moutafis, Inc., and
a communication from the Department of Law, dated November 14, 1995,
approved by the Superintendent of Parks and Recreation and the Finance
Director, and approved for submission by the Mayor, to which is attached
a proposed Concession Agreement between the City of Livonia and
Moutafis, Inc., 34887 Bunker Hill, Farmington Hills, Michigan 48018, for a
term of five years commencing November 1, 1995, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the said Concession Agreement, 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 Finance
Director to take all steps necessary to dispose of any unused or obsolete
City-owned equipment currently existing on the premises
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#843-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 31, 1995, which sets forth its
resolution 8-161-95 adopted on August 15, 1995 with regard to Petition
95-7-6-4, submitted by the City Planning Commission, pursuant to Council
Resolution 157-95, to determine whether to amend Sections 10 02 and
10 03 of the Zoning Ordinance so as to provide for additional permitted
uses and waiver uses in the C-1 zoning district, and the Council having
conducted a public hearing with regard to this matter on November 1,
1995, pursuant to Council Resolution 648-95, the Council does hereby
approve Petition 95-7-6-4 for preparation of the ordinance for submission
to Council, and 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 Jurcisin, and unanimously
adopted, it was.
#844-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 31, 1995, which sets forth its
resolution 8-162-95 adopted on August 15, 1995 with regard to Petition
95-7-6-5, submitted by the City Planning Commission on its own motion to
determine whether to amend Section 4 02(g) of the Zoning Ordinance so
as to provide for certain home occupations as permitted accessory uses
in R-1 through R-5 zoning districts, and the Council having conducted a
public hearing with regard to this matter on November 1, 1995, pursuant
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to Council Resolution 648-95, the Council does hereby refer this item and
the possible limitation of the number of students to control traffic
congestion and the possible regulation of toxic chemicals associated with
certain crafts to the Department of Law for its report and recommendation
and the preparation of appropriate additional ordinance amendment
language, the same to thereafter be submitted to the Legislative
Committee for its report and recommendation.
On a motion by Jurcisin, seconded by McGee, and unanimously adopted,
it was
#845-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 31, 1995, which sets forth its
resolution 8-163-95 adopted on August 15, 1995, with regard to Petition
95-7-6-6, submitted by the City Planning Commission on its own motion to
determine whether to amend Section 18 37 of the Zoning Ordinance so as
to require double striping of parking lots, and the Council having
conducted a public hearing with regard to this matter on November 1,
1995, pursuant to Council Resolution 648-95, the Council does hereby
concur in the recommendation of the Planning Commission and the said
Petition 95-7-6-6 is hereby approved and granted; and 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, it was
#846-95 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated August 17, 1995, on all matters required by
Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a
first public hearing having been held thereon on November 1, 1995, after
due notice as required by Section 3 08 070 of said Code, and after careful
consideration having been given to all such matters, the Council does
hereby, pursuant to Section 3 08 080 of said Code
(1) accept and approve said statement in all respects except that Lot
65 shall be assessed for only one-half the cost of the improvement
of either the east/west alley or the north/south alley, whichever is
less;
(2) determine to make the alley improvement consisting of the
placement of an 18 ft. wide, 7 1/2" thick deep strength asphalt over
either existing MDOT Class II material or newly installed 21AA
limestone with an inverted crown and no curbs with respect to the
public alley between Five Mile Road and Elsie Avenue and
Middlebelt Road and Cavour Avenue in the Northwest 1/4 of
Section 24, T 1S R.9E , City of Livonia, Wayne County, Michigan,
as described in said statement; and to defray the cost of such
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improvement by special assessment upon the property especially
benefited in proportion to the benefits derived or to be derived,
(3) approve the plans and specifications for said improvement as set
forth in said statement dated August 17, 1995,
(4) determine that the estimated cost of such improvement is
$66,544 12,
(5) determine that the cost of said improvement shall be paid for in
part by special assessments on the property benefited thereby and
in part by the City at large, in proportions thereafter established;
(6) that the proportion of the cost and expense of said improvement to
be borne and paid by the City shall be 15% of paving costs
($7,394 12) and 100% of drainage costs ($17,250 00) for a total of
$24,644 12, and that the balance of said cost and expense of said
public improvement amounting to 85% of paving costs
($41,900 00) shall be borne and paid by special assessments on
all lands and premises in the special assessment district as herein
established in proportion to the benefits to be derived therefrom,
(7) determine that assessments made for such improvement may be
paid in fifteen (15) annual installments together with interest
thereon on the unpaid balance,
(8) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
A Special Assessment District in the N W 1/4 of Section 24, T 1
S , R. 9 E , City of Livonia, Wayne County, Michigan, described as
containing the property listed on the attached Special Assessment
Roll and shown on the attached Special Assessment District Map
(9) that the City Assessor is hereby directed to prepare a special
assessment roll including all lots and parcels of land within the
above district designated by the Council and to assess to each
such lot or parcel of land such relative portions of the whole sum to
be levied against all lands in the special assessment district as the
special benefits to such lots or parcels of land bear to the total
benefit of all land and also to enter upon such roll the amount
which has been assessed to the City at large, all in accordance
with the determination of the City Council, and
(10) that upon the completion of said roll the City Assessor shall attach
thereto the certificate required by the provisions of Section
3 08 100 of the Livonia Code of Ordinances, as amended, of the
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City of Livonia and file the same with the City Clerk who thereupon
is directed to present the same to the City Council prior to the
holding of the second public hearing thereon as required by
Section 3 08 110 of the said Code
A roll call vote was taken on the foregoing resolution with the following result:
AYES Toy, Jurcisin, Feenstra, McGee, Brosnan, and Taylor
NAYS Kavanagh.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#847-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 24, 1995, which sets forth its
resolution 8-158-95 adopted on August 15, 1995 with regard to Petition
95-7-2-24 submitted by Super Hi Tech Auto Service Center requesting
waiver use approval for outdoor storage and rental of U-Haul trucks on
property located on the south side of Plymouth Road between Yale
Avenue and Levan Road in the Northeast 1/4 of Section 32, which
property is zoned C-2, and the Council having conducted a public hearing
with regard to this matter on November 1 , 1995, pursuant to Council
Resolution 646-95, the Council does hereby concur in the
recommendation of the City Planning Commission and said Petition 95-7-
2-24 is hereby denied, for the following reasons
1) That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the general waiver use
standards and requirements as set forth in Section 19 06 of Zoning
Ordinance No 543,
2) That the proposed use is detrimental to and incompatible with the
adjacent residential area to the south,
3) That the proposed use will further burden the subject site with a
use which features the outdoor storage/parking of vehicles which is
a deterrent to the long-term stability of the neighborhood;
4) That this petitioner has failed to adhere to all of the conditions
imposed by Council Resolution 413-93 in connection with the
waiver use petition which permitted the vehicle repair business
currently existing on the subject site,
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5) That this petitioner has demonstrated an unwillingness to maintain
the site as currently used in a satisfactory condition which
produces a negative effect on the surrounding properties in the
area, and
6) That the proposed use is contrary to the spirit and intent of the
Zoning Ordinance which, among other things, is to promote and
encourage a balanced and appropriate mix of uses and not over
saturate an area with similar type uses as is being proposed.
On a motion by Feenstra, seconded by Toy, and unanimously adopted, it
was.
#848-95 RESOLVED, that the Council does hereby refer the subject
of maintenance and upkeep of the properties located at 35655 Plymouth
Road and the neighboring parcels upon which the Union Hall and
Cockrum's Market are located to the Plymouth Road Development
Authority and the Roads Beautification Committee for their respective
reports and recommendations
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#849-95 RESOLVED, that the Council does hereby refer the subject
of the maintenance and upkeep of the property located at 35655
Plymouth Road to the Inspection Department for its report and
recommendation
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#850-95 RESOLVED, that having considered a communication from
the Director of Community Resources, dated October 31, 1995, 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 fifty (50) Farmer Jack food certificates in denominations of $10 00 each
from the Kiwanis Early Risers to the Community Resources Department to
be used as indicated in the aforesaid communication.
No one from the audience wished to speak during the audience
communication portion of the meeting.
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Council President Taylor announced to the audience and the viewing
public that if anyone feels there is any misdoing of the Council, the Attorney General is
the person who should be contacted regarding the matter, and he also wished
everyone a safe and Happy Thanksgiving.
On a motion by Toy, seconded by Brosnan, and unanimously adopted,
this 1,309th Regular Meeting of the Council of the City of Livonia was adjourned at 8 40
p m , November 20, 1995
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Joan COtter, *Ay Cerk