HomeMy WebLinkAboutCOUNCIL MINUTES 1995-09-13 29029
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND FOURTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On September 13, 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 03 p m Councilmember Jurcisin delivered the invocation, and
Councilmember Feenstra asked for a moment of silence for a gravely ill, long-time
Jaycee friend, Avedis Samarian
Roll was called with the following result: Dale A. Jurcisin, Fernon P
Feenstra, Michael P McGee, Sean P Kavanagh, Maureen Miller Brosnan, Laura M
Toy, and Gerald Taylor Absent: None
Elected and appointed officials present. Robert D Bennett; Mayor; John
LNagy, City Planner; Raul Galindo, City Engineer; Cathryn K. White, City Attorney; Joan
McCotter, City Clerk, Michael T Slater, Finance Director; Ronald Reinke,
Superintendent of Parks and Recreation, Robert J Beckley, Director of Public Works,
and Edith Davis, Personnel Director
On a motion by Jurcisin, seconded by McGee, and unanimously adopted,
it was
#625-95 RESOLVED, that the minutes of the 1,303rd Regular
Meeting of the Council of the City of Livonia, held August 30, 1995, are
hereby approved as submitted
On a motion by Toy, seconded by McGee, and unanimously* adopted, it
was
#626-95 RESOLVED, that the minutes of the 231st Special Meeting
of the Council of the City of Livonia, held September 7, 1995, are hereby
approved as submitted
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*Councilmember Kavanagh abstained from voting, which is recorded as a "yes" vote
under the provisions of Section 2 04 190B of the Livonia Code of Ordinances
No one from the audience wished to speak during the audience
communication portion of the meeting
Council President Taylor announced and congratulated Councilmember
McGee on his 41st birthday (which is today)
On a motion by Feenstra, seconded by Brosnan, it was
#627-95 RESOLVED, that the Council does hereby refer the matter
of the delay in counting votes and obtaining results from the Primary
Election and the steps necessary to correct the deficiency (if any) to the
Livonia Election Commission for its report and recommendation,
FURTHER, the Council does hereby request that Business Records
Corporation, 155 North Wacker Drive, Chicago, IL 60606, submit a report
to the Council before the November General Election regarding this
subject.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Jurcisin, Feenstra, McGee, Brosnan, and Taylor
NAYS Kavanagh and Toy
The President declared the resolution adopted
A communication from the Director of Finance, dated August 21, 1995, re
forwarding various financial statements of the City of Livonia for the month ending July
31, 1995, was received and placed on file for the information of the Council
At the direction of the Chair, Item #10 was removed from the Consent
portion of the Agenda.
On a motion by McGee, seconded by Brosnan, it was-
#628-95 RESOLVED, that having considered an application from
Denise Giovannini, President of the Birchwood Farms Association, 36297
W Seven Mile Road, dated September 6, 1995, requesting permission to
close Parklane Street between Seven Mile Road and Dardanella on
Saturday, September 16, 1995, from 9.00 a.m to 5 00 p m for the
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purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject to
the approval of the Police Department.
#629-95 RESOLVED, that having considered a letter from Mary
Mengel, 18090 Fairway, Livonia, Michigan 48152, dated August 18, 1995,
which, in behalf of the St. Genevieve Elementary School, requests
permission to place 48" x 36" sandwich signs advertising a fund-raiser
rummage sale to be conducted on Saturday, October 21, 1995, one sign
to be installed at Jamison and Middlebelt on Saturday, October 14, 1995,
and the remaining four signs to be installed on Thursday, October 19,
1995, at the following intersections
Five Mile and Garden
Lyndon and Harrison
Inkster and Lyndon
Middlebelt and Schoolcraft
and all signs to be removed by 4 00 p m on Saturday, October 21, 1995,
the Council does hereby approve of and concur in this request in the
manner and form herein requested
#630-95 RESOLVED, that having considered a communication from
John J Nagy, Director, dated August 17, 1995, transmitting resolution 95-
25 adopted by the Plymouth Road Development Authority on August 17,
1995, wherein it is requested that the Council amend Article III, Section 5
of the PRDA Bylaws, the Council does hereby approve such request and
Article III, Officers, Section 5 is hereby amended to read as follows
Section 5 All checks shall be signed by the treasurer and
countersigned by either the chairperson or the director, except as
otherwise provided by the board
#631-95 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
August 14, 1995, which bears the signature of the Finance Director and is
approved for submission by the Mayor, and which transmits Parks and
Recreation Commission resolution 2318-95, adopted on May 1, 1995,
wherein it is recommended that changes in Facility Reservation Fees be
made as described in the above referenced report and implemented on a
one-year trial basis starting in the 1996 season, the Council does hereby
concur in and approve of such action; FURTHER, the "City of Livonia
Fees/Waivers" policy and accompanying four category grid previously
adopted in Council Resolution 371-93 is hereby amended as necessary to
reflect these changes in facility reservation fees
#632-95 RESOLVED, that having considered a communication from
the City Clerk, dated August 3, 1995, which indicates that the proprietor of
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Oakcrest Villas Subdivision, situated in the Southeast 1/4 of Section 11,
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
August 10, 1995, wherein said Commission approves the final plat for the
said subdivision in its resolution 8-145-95, adopted on August 1, 1995,
and the Council having considered a report from the City Engineer, dated
July 25, 1995, recommending approval of the final plat of said
subdivision, the preliminary plat of which was approved by the Council in
its resolution 591-94, adopted on August 17, 1994, said preliminary plat
having been recommended for approval by the City Planning Commission
on July 26, 1994, in its resolution 7-134-94, NOW, THEREFORE, the
Council does hereby determine to grant its approval to the final plat of
Oakcrest Villas Subdivision, located in the Southeast 1/4 of Section 11,
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
#633-95 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated August
21, 1995, approved by the City Attorney and the Finance Director, and
approved for submission by the Mayor, and to which is attached a User-
Side Subsidy/Specialized Transportation Services Agreement to Provide
Specialized Transportation Service for Non-Transferable Handicapped
Persons in Northwest Wayne County, Farmington and Farmington Hills,
between the City of Livonia and Northwest Transport Co , 31376
Industrial Road, Livonia, Michigan 48150, for the period October 1, 1995
through September 30, 1996, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
the said agreement, as well as to execute an agreement with SMART for
support of this Specialized Services (Lift-Equipped) Transportation
Program, provided that the agreement is approved as to form by the
Department of Law
#634-95 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 29, 1994, and the
report and recommendation of the Chief of Police, dated August 18, 1995,
approved for submission by the Mayor, the Council does hereby approve
of the request from Sunrise Inn Limited Partnership for a transfer of
ownership of a 1992 B-Hotel licensed business with Entertainment Permit
(located in escrow) at 36655 Plymouth Road, Livonia, Michigan 48150,
Wayne County, from the Inn of Livonia, Inc. (Step 1), and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
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#635-95 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 29, 1994, and the
report and recommendation of the Chief of Police, dated August 18, 1995,
approved for submission by the Mayor, the Council does hereby approve
of the request from 30471, Inc. for transfer of ownership of a 1992 B-Hotel
licensed business with Entertainment Permit (located in escrow) at 36655
Plymouth Road, Livonia, Michigan 48150, Wayne County, from Sunrise
Inn Limited Partnership and for transfer of location to a business located
at 30471 Plymouth Road, Livonia, Michigan 48150, Wayne County, and
for transfer of status to a Class C license and the addition of a Sunday
Sales Permit and Official Food Permit, and to drop the Entertainment
Permit (Step 2), and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
#636-95 RESOLVED, that having considered a communication from
the Department of Law, dated August 14, 1995, approved by the Finance
Department and the City Engineer, and approved for submission by the
Mayor, the Council does hereby authorize the retention of the following
appraisers to procure appraisals of Seven Mile Road properties as
follows
A. R.S. Thomas & Associates, Inc., 29145 Five Mile Road, Livonia,
Michigan 48154, for before and after appraisals for the following
properties for the sum of$12,850 00.
1 27716 Seven Mile Road, 004-01-0010-000
2 27720 Seven Mile Road, 004-01-0012-000 and
004-01-0013-000
3 29010 Seven Mile Road, 003-01-0415-001
4 27600 Seven Mile Road, 004-99-0068-000
5 28911 Seven Mile Road, 046-99-0021-000
B Dean Appraisal Company, 690 E Maple, Birmingham, Michigan
48009-6352, for value of part taken appraisals for the following
properties for the sum of$3,050 00
1 27650 Seven Mile Road, 004-99-0067-000
2 27448 Seven Mile Road, 004-01-0538-002
3 28103 Seven Mile Road, 045-03-0192-000
4 28125 Seven Mile Road, 045-03-0186-000
5 28107 Seven Mile Road, 045-03-0190-000
C Charles W. Allen Real Estate, Inc., 15337 Farmington Road,
Livonia, Michigan 48154, for value of part taken appraisals for the
following properties for the sum of $2,000 00
1 30325 Seven Mile Road, 041-99-0063-000
2. 34650 Seven Mile Road, 015-99-0020-002 and
34680 Seven Mile Road, 015-99-0019-003
3 34700 Seven Mile Road, 015-99-0019-002
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4 34730 Seven Mile Road, 015-99-0018-001
5 34750 Seven Mile Road, 015-99-0016-000 and
015-99-0017-000
FURTHER, the amount of $18,000 00 shall be appropriated and
expended from the $12 Million General Obligation Bond Issue (Fund 486)
for this purpose
#637-95 RESOLVED, that Arbor Building Co , 17150 Inkster Road,
Redford, MI 48200, as proprietors, having requested the City Council to
approve the proposed preliminary plat of the following subdivision
Harrison Woods Subdivision to be located on the south side of Seven
Mile Road between Lathers Avenue and Brentwood Avenue in the North
1/2 of Section 12, City of Livonia, Wayne County, Michigan, the said
proposed preliminary plat being dated March 22, 1995, and it further
appearing that tentative approval of such preliminary plat was given by
the City Planning Commission, after due notice and a public hearing on
February 28, 1995, and it further appearing that such preliminary plat,
together with development plans and specifications for improvements
therein have been examined and approved by the Engineering
Department as is set forth in the report of that department dated August
24, 1995, therefore, the City Council does hereby approve of the said
preliminary plat on the following conditions
(1) All of the improvements, utilities and grading shall be constructed,
installed and accomplished in conformity with the provisions of the
ordinances of the City of Livonia, including the Subdivision Control
Ordinance, being Title 16, Chapters 16 04 through 16 24 of the Livonia
Code of Ordinances, as amended, the Subdivision Regulations of the
Planning Commission, the regulations and specifications of the
Engineering Department and the Development Plans submitted by the
proprietor and approved by such department; all such improvements to be
constructed, installed, accomplished and completed within a period of two
(2) years from the effective date of this resolution, failing this, the
approval contained herein shall be considered null, void and of no effect
whatsoever;
(2) That all inspection fees and other charges due to the City of
Livonia shall be fully paid at the time and in the manner provided in the
said Subdivision Control Ordinance, as amended,
(3) That the installation of all such improvements shall be subject at
all times to the supervision and inspection and final approval of the
Engineering Department, and such improvements shall not be considered
as having been satisfactorily and completely installed until there is filed
with the City Council the certificate as provided in Section 16 24 370 of
the said Subdivision Control Ordinance, as amended,
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(4) That the proprietor enter into an agreement with the City of Livonia
agreeing to construct, within the prescribed period of time and in the
prescribed manner, all improvements required to the extent required by
the City of Livonia and as shown on the approved development plans,
(5) That the final true record plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Planning
Commission as evidence that such plat is in compliance with existing
Subdivision Regulations,
(6) That the final true plat of the aforesaid subdivision shall be
submitted and must receive the final approval of the City Council within
two (2) years from the effective date of this resolution, the City Council
shall approve final plats of the aforesaid proposed subdivision if drawn in
substantial conformity with the proposed plat as approved herein, and
provided there has been compliance with all other requirements of State
Statue, the Subdivision Control Act, the Subdivision Control Ordinance
and this resolution,
(7) That, for the purpose of obtaining approval of final plats prior to the
completion of all required improvements the proprietor may file with the
City of Livonia a corporate surety bond, certified check, cash bond,
irrevocable letter of credit, or other financial assurance in such form as
may be approved by the Department of Law guaranteeing the satisfactory
installation of all such improvements, utilities and grading by the
proprietor within the prescribed period, that in the event the proprietor
elects to deposit such financial assurances the same shall be in the
following amounts
A. General Improvement Bond $213,000 00 of which at least
$ 10,000 00 shall be in cash
B Sidewalk Bond $ 15,000 00 of which at least
$ 3,000 00 shall be in cash
C Grading & Soil Erosion $ 2,000 00 (all cash)
D Entrance Markers & $ 9,000 00 of which at least
Landscaping $ 2,000 00 shall be in cash
E Monuments & Lot Markers $ 525 00 (all cash)
and require cash payments in the total amount of $15,690 00 In addition,
distribution lines for telephone and electric services are to be placed
underground and ornamental street lights are to be provided throughout
the subdivision
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#638-95 RESOLVED, that having considered a communication from
the Assistant Planning Director, dated August 7, 1995, approved for
submission by the Mayor, to which is attached a Holdharmiess Contract
between the City of Livonia and the Community Commission on Drug
Abuse for the 1995-96 program year, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the said contract 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
#639-95 RESOLVED, that having considered the report and
recommendation of the Assistant Planning Director, dated August 7,
1995, approved for submission by the Mayor, to which is attached a
Holdharmiess Contract between the City of Livonia and First Step for the
period August 1, 1995, through July 31, 1996, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the said contract 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
#640-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 24, 1995, which transmits its
resolution 8-170-95, adopted on August 15, 1995, with regard to a Sign
Permit Application, submitted by Aldo Liberatore, requesting approval for
signage for Maplewood Plaza located at 28911 Seven Mile Road in the
Northwest 1/4 of Section 12, the Council does hereby concur in the
recommendation of the Planning Commission and approve the said sign
permit application, subject to the following conditions
1 That the Sign Package by American Sign Center, received by the
Planning Commission on August 1, 1995, is hereby approved and
shall be adhered to,
2 That this approval constitutes Master Sign Approval for the entire
center, and the guidelines set in the approved sign package shall
govern all present and future signage,
3 The petitioner is allowed ten illuminated tenant signs, however,
one sign per tenant. Signs for spaces without tenants shall be the
same construction with a blank white panel,
4 All window signage, vinyl and neon, are to be removed except
signs indicating the business is open/closed,
5 The illuminated tenant signs must be timer-controlled to go off no
later than 9 00 p m , and
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6 The landscaping around the entire property is to be improved and
kept properly maintained.
#641-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 23, 1995, which transmits its
resolution 8-157-95, adopted on August 15, 1995, with regard to Petition
95-7-2-23, submitted by Lindhout Associates, Architects, requesting
waiver use approval to expand an existing veterinary clinic located on the
north side of Five Mile Road between Middlebelt Road and Cavour
Avenue in the Southwest 1/4 of Section 13, which property is zoned C-2,
the Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 95-7-2-23 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet P1 dated 8-9-95, as revised,
prepared by Lindhout Associates, Architects, which is hereby
approved, shall be adhered to,
2 That the landscaping shown on the approved Site Plan shall be
installed prior to final inspection and shall thereafter be
permanently maintained in a healthy condition, and
3 That the Building Elevation Plan marked Sheet P2 dated 8-9-95
prepared by Lindhout Associates, Architects, which is hereby
approved, shall be adhered to
#642-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 23, 1995, which transmits
its resolution 8-166-95, adopted on August 15, 1995, with regard to
Petition 95-8-8-17 submitted by Gallagher Group, requesting approval of
all plans in connection with a proposal to construct an addition to the gas
station located at 20595 Farmington Road in the Northeast 1/4 of Section
4, pursuant to the provisions set forth in Section 18 47 of Ordinance No
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 95-8-8-17 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet 1 received by the Planning
Commission on July 26, 1995, prepared by Gallagher Group
Construction Company, is hereby approved and shall be adhered
to,
2 That the Building Elevation Plan marked Sheet 2 received by the
Planning Commission on July 26, 1995, prepared by Gallagher
Group Construction Company, is hereby approved and shall be
adhered to, and
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3 That the building materials of the new addition will match the
building materials of the existing service station so that upon
completion the entire structure will look like it was constructed at
one time
#643-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 23, 1995, which transmits its
resolution 8-168-95 adopted on August 15, 1995, with regard to Petition
95-8-8-19 submitted by House of Leon, requesting approval of all plans in
connection with a proposal to renovate the facade and add new signage
to the restaurant located at 29041 Seven Mile Road in the Northwest 114
of Section 12, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 95-8-8-19 is
hereby approved and granted, subject to the following conditions
1 That the Site & Landscape Plan marked Sheet S-1, dated 6/21/95,
prepared by Richard A. Zischke & Associates is hereby approved
and shall be adhered to,
2 That the Building Elevation Plan marked Sheet A-3, dated 6/21/95,
prepared by Richard A. Zischke & Associates is hereby approved
and shall be adhered to,
3 That the signage shown on the approved Building Elevation Plan is
hereby approved and shall be adhered to,
4 That the dumpster enclosure gates will be repaired,
5 That the asphalt parking lot will be repaired and weeds in the
parking lot eliminated, and
6 That the grease container be enclosed or included with the
dumpster
#644-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 23, 1995, which transmits its
resolution 8-167-95 adopted on August 15, 1995, with regard to Petition
95-8-8-18 submitted by Quality Maintenance & Repair, requesting
approval of all plans in connection with a proposal to construct an
addition to the building located at 17001 Newburgh Road in the Northeast
1/4 of Section 18, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 95-8-8-18 is
hereby approved and granted, subject to the following conditions
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1 That the Site Plan marked Sheet C-1, dated 6/22/95 prepared by
Bowman Architects & Engineers, is hereby approved and shall be
adhered to,
2 That the Building Elevation Plan marked Sheet C-2, dated 6/22/95
prepared by Bowman Architects & Engineers, is hereby approved
and shall be adhered to,
3 That the building materials of the new addition will match the
building materials of the existing building so that upon completion,
the entire structure will look like it was constructed at one time, and
4 That the brick used in the construction of the trash dumpster
enclosure shall match the existing building
#645-95 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, November 15, 1995, at 8 00 p m at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, with respect to the following items
(1) Petition 95-5-1-10, submitted by Louis Bitoff, Jr for a change of
zoning of property located on the north side of Seven Mile Road
between Bethany Road and Victor Parkway in the Southeast 1/4 of
Section 6, from RUFC to OS, the City Planning Commission in its
resolution 8-155-95 having recommended to the City Council that
Petition 95-5-1-10 be denied, and
(2) Petition 95-7-1-13, submitted by the City Planning Commission for
a change of zoning of property located on the east side of
Newburgh Road, south of Ann Arbor Trail in the Northwest 1/4 of
Section 32, from RUF and OS to R-6, the City Planning
Commission in its resolution 8-156-95 having recommended to the
City Council that Petition 95-7-1-13 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 amendments to the
Zoning Ordinance, and/or (b) locations of the proposed changes of zoning
isw as set forth above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia as well as
to, not less than fifteen (15) days prior to said public hearing, cause to
have notice to be given by certified mail to each public utility company
and to each railroad company owning or operating any public utility or
railroad within the districts or zones affected, and FURTHER, the City
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Clerk is requested to do all other things necessary or incidental to the full
performance of this resolution
#646-95 RESOLVED, that having considered a communication from
Arsen Sanjian, dated August 22, 1995, 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 August 15,
1995, by the City Planning Commission in its resolution 8-158-95 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, the Council does hereby designate
Wednesday, November 1, 1995, 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.
#647-95 RESOLVED, that having considered a communication from
the City Engineer, dated August 17, 1995, approved for submission by
the Mayor, and submitted pursuant to Council Resolution 409-95, and
the City Engineer having ascertained the assessed valuation of all
property affected by the improvement of the public alleys between Five
Mile Road and Elsie Avenue and Middlebelt Road and Cavour Avenue in
the Northwest 1/4 of Section 24, City of Livonia, Wayne County,
Michigan, and such report having indicated the number of parcels which
show tax delinquencies, the number of parcels owned by public
authorities, the number of parcels which are vacant, and having prepared
and caused to be prepared plans and specifications therefor and an
estimate for the cost thereof, and to file the same with the City Clerk
together with his recommendation as to what proportion of the cost
should be paid by special assessment and what part, if any, should be a
general obligation of the City, the number of installments in which
assessments may be paid and the lands which should be included in the
proposed special assessment district, and it appearing to the Council
that all of such information, estimate, plans, specifications and
recommendations have been properly filed by the City Engineer with the
City Clerk under date of August 17, 1995, and that there has been a full
compliance with all of the provisions of Section 3 08 060 of the Livonia
Code of Ordinances, as amended, the Council does hereby set
Wednesday, November 1, 1995, at 8 00 p m. as the date and time for a
public hearing on the necessity for such proposed improvement which
public hearing shall be held before the Council in the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan, pursuant to Section
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3 08 070 of said Livonia Code of Ordinances, as amended, and the City
Clerk is hereby authorized to give notice and publication of such hearing
as is required by Section 3 08 070 of said Code
#648-95 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, November 1, 1995, at 8 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following items
(1) Petition 95-7-6-4, submitted by the City Planning Commission, 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, the City Planning
Commission in its resolution 8-161-95 having recommended to the
City Council that Petition 95-7-6-4 be approved, and
(2) Petition 95-7-6-5, submitted by the City Planning Commission, 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, the
City Planning Commission in its resolution 8-162-95 having
recommended to the City Council that Petition 95-7-6-5 be
approved, and
(3) Petition 95-7-6-6, submitted by the City Planning Commission, to
determine whether to amend Section 18 37 of the Zoning
Ordinance so as to require double striping of parking lots, the City
Planning Commission in its resolution 8-163-95 having
recommended to the City Council that Petition 95-7-6-6 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 amendments to the
Zoning Ordinance, and/or (b) location of the proposed changes 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 bearing, 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
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#649-95 RESOLVED, that having considered a communication from
the Director of Finance, dated August 29, 1995, and approved for
submission by the Mayor, the Council does hereby determine to conduct
a public hearing on Monday, October 9, 1995, at 8 00 p m at the City
Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the
proposed Annual Budget for the City of Livonia for the fiscal year ending
November 30, 1996, and the City Clerk shall give adequate public notice
of said public hearing in accordance with provisions of law and City
Charter
#650-95 RESOLVED, that having considered a communication from
the Director of Finance, dated August 29, 1995, and approved for
submission by the Mayor, the Council does hereby refer the subject of the
presentation of the Annual Budget to the Finance, Insurance and Budget
Committee for its report and recommendation
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, Toy, and Taylor
NAYS None
On a motion by McGee, seconded by Jurcisin, and unanimously adopted,
it was
#651-95 WHEREAS, the Council previously in Council Resolution
373-95 approved the Consolidated Plan, including the Fiscal Year 1995
Community Development Block Grant Program, in order to obtain its
Fiscal Year 1995 entitlement funds under the Community Development
Act of 1987, and
WHEREAS, having considered a communication from the Assistant
Planning Director, dated August 1, 1995, approved for submission by the
Mayor, wherein it is stated that federal regulations provide that funding for
public services may not exceed 15% of the yearly allocation from HUD,
plus 15% of any program income received in the previous program year,
and that the budget previously approved provides a level of funding for
public services of $104,000 00 which exceeds what is permitted by
$5,000 00,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Livonia that the Consolidated Plan, including the Fiscal Year 1995
Community Development Block Grant Program, is hereby approved as
modified so as to reduce the total funding for public services by
$5,000 00; and the Consolidated Plan, as modified, shall be submitted to
the Department of Housing and Urban Development.
29043
At the direction of the Chair, proposals prepared and submitted by
Orchard, Hiltz & McCliment, Inc., dated February 13, 1995, and Spalding, DeDecker &
Associates, Inc., dated February 14, 1995, re the implementation of a Geographic
Information System were received and placed on file for the information of the Council
On a motion Kavanagh, seconded by Brosnan, and unanimously adopted,
it was
#652-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 15, 1995,
and August 29, 1995, submitted pursuant to Council Resolution 886-94,
and the report and recommendation of the Director of Public Works, dated
September 11, 1995, which bears the signature of the City Engineer,
Director of Finance and the Mayor, the Council does hereby authorize
and accept the proposal of Orchard, Hiltz & McCliment, Inc., 34935
Schoolcraft Road, Livonia, Michigan 48150, to serve as a consultant to
complete all work necessary for the implementation of a Geographic
Information System as described in its proposal dated February 13, 1995,
FURTHER, THE COUNCIL DOES HEREBY DETERMINE AS FOLLOWS
1 To authorize the City Attorney, Finance Director and Director of
Public Works to negotiate and prepare a contract with the
consultant for submission to Council wherein such consultant shall
serve as a "general contractor" responsible for the successful
completion of the GIS implementation, and
2 To authorize retaining Plante & Moran, 27400 Northwestern
Highway, P 0 Box 307, Southfield, Michigan 48037-0307, to
provide assistance in the preparation and administration of the GIS
contract at the rate of $125 00/hour, not to exceed the sum of
$4,500 00, and
FURTHER, the Council does hereby authorize the action herein without
competitive bidding in accordance with Section 3 04 140D2 of the Livonia
Code of Ordinance, as amended
On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it
was
#653-95 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
September 6, 1995, in connection with a communication from the
29044
Personnel Director, dated August 30, 1995, approved by the Finance
Director and approved for submission by the Mayor, and to which is
attached a copy of the proposed contract between the City of Livonia and
Livonia Fire Fighters Union Local 1164 for the period December 1, 1993
through November 30, 1996, and which Agreement incorporates
negotiated provisions, and having also considered a resolution adopted
by the Civil Service Commission on August 30, 1995, wherein the
Commission recommends that the Council concur in a proposed three-
year contract to be entered into by and between the City of Livonia and
the Livonia Fire Fighters Union Local 1164, affiliated with the International
Association of Fire Fighters, AFL-CIO, for the period December 1, 1993
through November 30, 1996, and that the necessary amendments to the
Retirement Plan Ordinance and Compensation Plan and changes in
certain benefits as required to effectuate this agreement be approved, the
Council does hereby determine to approve of and concur in the aforesaid
action, and the Mayor and City Clerk are hereby authorized to affix their
signatures to the aforesaid contract for and on behalf of the City of
Livonia and to do all other things necessary or incidental to the full
performance of this resolution
McGee gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 36 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 95-5-1-9)
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
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 95-7-3-2)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein. The above
Ordinance was placed on the table for consideration at the next regular meeting
29045
Kavanagh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTIONS 010B,
010C, 011A, 020B, 020D, 055A, 0556, 065A, 065B, 066A
AND 070C OF AND ADDING SUBSECTION 010S TO
CHAPTER 36 (OPERATING VEHICLE WHILE UNDER
INFLUENCE OF LIQUOR AND/OR CONTROLLED SUBSTANCE)
OF TITLE 10 OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
McGee took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 25 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 95-3-1-5)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Jurcisin, Kavanagh, Brosnan, and Taylor
NAYS Feenstra, McGee, and Toy
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
On a motion by Feenstra, seconded by Toy, and unanimously adopted, it
was.
#654-95 RESOLVED, that the Council does hereby refer the matter
of multi-family occupancy of homes in the R-1 single-family district in the
area near the east side of Haller Avenue, north of Plymouth Road, to the
Inspection Department for its report and recommendation.
29046
Jurcisin took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 18 42 OF
ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE." (Petition 95-3-6-3)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, Toy, 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 Feenstra, and unanimously
adopted, it was
#655-95 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 Construction,
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 accounts 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
29047
On a motion by Feenstra, seconded by Toy, and unanimously adopted, it
was
#656-95 RESOLVED, that having considered a communication from
the City Planning Commission dated August 23, 1995, which transmits its
resolution 8-169-95, adopted on August 15, 1995, with regard to a Sign
Permit Application, submitted by Art Store & More, Inc., requesting
approval to erect one wall sign on property located at 15373 Farmington
Road in the Southeast 1/4 of Section 16, the Council does hereby concur
in the recommendation of the Planning Commission and approve the said
sign permit application, subject to the following conditions
1 That the Sign Package by Signature Awning, received by the
Planning Commission on July 21 , 1995, is hereby approved and
shall be adhered to,
2 That the awning and the signage on the awning shall not be back
lit; and
3 That the petitioner shall submit a copy of the maintenance
agreement entered into between the petitioner and Signature
Awning with respect to the awning and accompanying signage
On a motion by Jurcisin, seconded by Brosnan, and unanimously
adopted, it was
#657-95 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Crucam, Inc., dated July
18, 1995, covering new industrial facilities to be located within City of
Livonia Industrial Development District No 55, and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, i e , the City of Livonia, and advised
each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Crucam, Inc., the Assessor,
and a representative of each of the affected taxing units an opportunity for
a hearing on this Application and said hearing having in fact been
conducted at 7 00 p m , Wednesday, September 6, 1995, at the Livonia
City Hall, 33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
29048
1 That the City Council, on the basis of the information received from
the applicant, Crucam, Inc., finds and determines (a) that the
granting of this industrial facilities exemption certificate shall not
have the effect of substantially impeding the operation of the local
governmental unit or impairing the financial soundness of any
taxing unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located, and (b) the
applicant has fully complied with the requirements of Section 9, Act
No 198, P.A. 1974, as amended
2 That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from Crucam, Inc. covering new
industrial facilities to be located within the City of Livonia Industrial
Development District No 55, for 12 years
3 That in accordance with the requirements of Section 22, Act 198,
P.A. 1974, as amended, wherein a Letter of Agreement between
the applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
Board upon approval of an Industrial Facility Exemption Certificate,
the Council hereby authorizes the Mayor and City Clerk to sign
such Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for industrial facility exemption
certificates
On a motion by Jurcisin, seconded by Brosnan, and unanimously
adopted, it was
#658-95 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from NYX Incorporated, dated
July 24, 1995, covering new industrial facilities to be located within City of
Livonia Industrial Development District No 22, and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
proposed facility is to be located, i e , the City of Livonia, and advised
each of them that the said Application has been received, and
WHEREAS, the City Council has afforded NYX, Incorporated, the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Wednesday, September 6, 1995, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
29049
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received from
the applicant, NYX, Incorporated, finds and determines. (a) that the
granting of this industrial facilities exemption certificate shall not
have the effect of substantially impeding the operation of the local
governmental unit or impairing the financial soundness of any
taxing unit which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located, and (b) the
applicant has fully complied with the requirements of Section 9, Act
No 198, P.A. 1974, as amended
2. That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from NYX, Incorporated, covering
new industrial facilities to be located within the City of Livonia
Industrial Development District No 22, for 12 years
3 That in accordance with the requirements of Section 22, Act 198,
P A. 1974, as amended, wherein a Letter of Agreement between
the applicant and the City is required in order to clarify the
understanding and the commitment between the applicant and the
Board upon approval of an Industrial Facility Exemption Certificate,
the Council hereby authorizes the Mayor and City Clerk to sign
such Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for industrial facility exemption
certificates
On a motion by Jurcisin, seconded by Brosnan, and unanimously
adopted, it was
#659-95 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 16, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept the cash donation of $43 50 from the Plymouth
Community United Way, the same to be credited to and deposited to
Account No 702-000-285-215 for activities in the Livonia Youth
Assistance Program.
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
29050
#660-95 RESOLVED, that having considered a letter from the
Executive Director of the National League of Cities, dated August 18,
1995, wherein it is requested that the City of Livonia designate the voting
delegate that will be attending the Annual Congress of Cities to be
conducted on November 29 - December 2, 1995, the Council does hereby
designate Gerald Taylor as the Official Representative and Voting
Delegate of the City of Livonia and Dale A. Jurcisin as the Alternate
Voting Delegate, and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
The following two (2) individuals from the audience spoke regarding the next Agenda
item
1) Diamond Kapsalis - spoke on behalf of her parents, owners of George's Livonia
Gardens at 31405 W Seven Mile, stating they are against any proposed change
of zoning in the area indicated, that they were not notified of any proposed
changes, and that the ordinance supports the present zoning that is in place,
and
2) Steve Stavros - also spoke on behalf of the owners of George's Livonia
Gardens, stating his opposition to the proposed change of zoning of the property
located on the southwest corner of Seven Mile and Merriman
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#661-95 RESOLVED, that the Council does hereby determine on its
own motion in accordance with the provisions set forth in Section 23 01(a)
of the Livonia Zoning Ordinance, as amended, to refer to and request that
the City Planning Commission conduct a public hearing on the question of
whether property located on the southwest corner of Seven Mile Road
and Merriman Road known as George's Livonia Gardens and the parcel
on Seven Mile Road just west of Bicentennial Park known as Glenda's
Market should be rezoned to a more appropriate commercial zoning
classification and thereafter submit a report and recommendation to the
Council
On a motion by Brosnan, seconded by Jurcisin, and unanimously
adopted, it was
#662-95 WHEREAS, Senate Bill No 201 has been introduced by
Senator George A. McManus which would amend the Michigan Liquor
Control Act to provide that the Liquor Control Commission shall not
prohibit an applicant for or the holder of a SDD or SDM license from
29051
owning or operating motor vehicle fuel pumps on or adjacent to the
licensed premises under certain conditions, and
WHEREAS, Senate Bill No 201 would allow businesses located in
neighborhood shopping centers or in a retail building of not less than 900
square feet and which maintain a minimum inventory of certain
designated amounts and which also sell gasoline to the public to sell
packaged beer, wine or liquor to the public;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of
Livonia does hereby take this means to indicate its opposition to Senate
Bill 201 since it appears to contravene recent efforts to strengthen drunk
driving laws and would constitute state preemption of land use and waiver
use controls granted to cities such as Livonia pursuant to the Home Rule
Cities Act, and the City Clerk is hereby requested to forward a certified
copy of this resolution to State Senator R. Robert Geake, State
Representative Lyn R. Bankes, and State Representative Gerald Law
On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it
was
#663-95 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.
Jurcisin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 2 10 OF ARTICLE II
AND SECTIONS 12 01 AND 12 03 OF ARTICLE XII OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
(Petition 95-2-6-1)
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 therein
Jurcisin invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon with the following result.
AYES Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, Toy, and Taylor
NAYS None
29052
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Jurcisin, seconded by Brosnan, and unanimously
adopted, it was
#664-95 RESOLVED, that the subject of the possible amendment of
Sections 2 10 and 12 03 of Zoning Ordinance 543 to add the definition of
Child Caring Institutions thereto shall remain in the Legislative
Committee
During the audience communication portion at the end of the meeting,
Jerry Ranck, 36450 Rayburn, a Livonia Fire Fighter, thanked the Council for approving
their contract and asked questions re the pension of the Council
Additionally, Councilmember Brosnan indicated the need for our
Legislative Consultant, Mr Garcia, to inform the Council of new proposed legislation re
simulcasting of races and the reduction of the pari-mutual tax.
On a motion by McGee, seconded by Toy, and unanimously adopted, this
1,304th Regular Meeting of the Council of the City of Livonia was adjourned at 9.40
p m , September 13, 1995
,
Joan c otter, ity eek