HomeMy WebLinkAboutCOUNCIL MINUTES 1995-10-11 29087
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND SIXTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On October 11, 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 Council Vice President McGee delivered the invocation
Roll was called with the following result: Michael P McGee, Sean P
Kavanagh, Maureen Miller Brosnan, Laura M Toy, Dale A. Jurcisin, Fernon P
Feenstra, 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; Ann
W Tavolacci, Deputy City Clerk; Karen A. Szymula, Director of Legislative Affairs, and
William Fried, Municipal Building Authority
On a motion by Toy, seconded by Jurcisin, and unanimously adopted, it
was
#718-95 RESOLVED, that the minutes of the 1,305th Regular
Meeting of the Council of the City of Livonia, held September 27, 1995,
are hereby approved as submitted
Council President Taylor acknowledged the presence of Webelos Troop
#271 from St. Michael's Church in the audience
Various individuals from the audience spoke in opposition to the flying of
the United Nations flag in front of City Hall on October 24 They are as follows
1) Paul Pierson, 33506 Nancy, Livonia, MI
2) Scott Pierson, 33506 Nancy, Livonia, MI
3) Ross Dykman, 39218 Richland, Livonia, MI
4) Lee Noel!, 14912 Norman, Livonia, MI
5) Carl Miller, 12370 Newburgh, Livonia, MI
6) William H Henry
7) Jessie Lutz, Wayne, MI
8) Chris Wolfe, Bloomfield Hills, MI, and
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9) Joe Panopka, Dearborn, Ml
Mayor Bennett responded to their objections by stating that approximately 50 years ago
the United Nations came into being, its purpose was the maintenance of international
peace and security Our country was a leader in the establishment of the United
Nations, and in a spirit of a request that has gone across the nation and the world to
recognize this birthday, he chooses to raise the flag on October 24 Mayor Bennett
stated he feels it is entirely appropriate to raise the UN flag in a lower position than the
United States flag
A communication from the Director of Finance, dated September 21,
1995, re forwarding various financial statements of the City of Livonia for the month
ending August 31, 1995, was received and placed on file for the information of the
Council
A communication from the Department of Law, dated September 27,
1995, re Livonia Hotel Associates v City of Livonia, et al, Wayne County Circuit Court
Case No 95-504002 CZ was received and placed on file for the information of the
Council
At the direction of the Chair, Item #3 was removed from the Consent
portion of the Agenda.
On a motion by Feenstra, seconded by McGee, it was
#719-95 RESOLVED, that having considered a letter from Robert
Biga, 29846 Westfield, Livonia, Michigan 48150, dated September 11,
1995, which, in behalf of the Franklin High School Patriots Club, requests
permission to place 11" x 14" lawn type signs advertising craft shows to
be conducted on Saturday, November 18, 1995, and Saturday, March 16,
1996, at the following intersections, and which signs would be installed
two weeks in advance of each show and removed the following day.
Joy and Inkster NW
Joy and Merriman NW, NE
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W Chicago and Middlebelt NW, SE
Joy and Farmington SE, NE
Plymouth and Inkster SW, NW
Plymouth and Farmington NE, SW
Schoolcraft and Farmington NE, SW
Six Mile and Newburgh NE
Joy and Middlebelt NW, NE
W Chicago and Inkster SW
Plymouth and Middlebelt SW, SE
Plymouth and Merriman SW, SE
Schoolcraft and Merriman NW, SW
Seven Mile and Wayne NW, NE
the Council does hereby approve of and concur in this request in the
manner and form herein requested
#720-95 RESOLVED, that having considered Petition 95-10-3-3,
submitted by Adam Cardinal Maida on behalf of the Archdiocese of
Detroit, received by the City Clerk's Office on September 26, 1995,
wherein a request is submitted for the vacating of excess right-of-way
along Lyndon Avenue located in front of St. Maurice Parish at 32765
Lyndon, the Council does hereby refer this item to the City Planning
Commission for action and recommendation in accordance with
provisions of law and City ordinance
#721-95 RESOLVED, that having considered a communication from
the Mayor, dated September 26, 1995, wherein he has requested
approval of the appointment of Jerry Wordhouse, 32000 Plymouth Road,
Livonia, Michigan 48150, to the Livonia Plymouth Road Development
Authority for a four-year term expiring May 16, 1999, pursuant to Section
3 16 060 of the Livonia Code of Ordinances, as amended, and Act No
197 of the Public Acts of Michigan of 1975, as amended, the Council does
hereby confirm and approve such appointment provided that he takes the
oath of office as required in Section 2, Chapter X of the City Charter, to
be administered by the Office of the City Clerk.
#722-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated September 22,
1995, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept
the quotation of Waste Management of Michigan-North, 19200 W Eight
Mile Road, Southfield, Michigan 48075, for completing all work required in
connection with the loading, transporting and composting of leaves
collected by the City for the period of October 24, 1995, to December 9,
1995, for an amount not to exceed $250,000 00; FURTHER, the Council
does hereby authorize the action herein without competitive bidding in
accordance with the provisions set forth in Section 3 04 140D4 of the
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Livonia Code of Ordinances, as amended, due to the specialized nature
of this service
#723-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated September 19, 1995, which bears the signature
of the Director of Finance and is approved for submission by the Mayor,
with regard to the establishment of a Gypsy Moth Suppression Program,
the Council does hereby authorize the establishment of this program,
FURTHER, it is hereby requested that the Director of Public Works
prepare the necessary documents for the formal submittal of this matter
for inclusion in the MDA Grants Program and petition Wayne County to
provide a County coordinator for this program, FURTHER, the Council
does hereby direct the Director of Public Works to hold a public meeting
to discuss the Gypsy Moth Suppression Program, to answer questions
from interested residents, and to discuss program procedures and results
in other communities, such meeting to be held at the Livonia 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 meeting and the date and place thereof
#724-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 2, 1995, which transmits its
resolution 9-196-95, adopted on September 26, 1995, with regard to
Petition 95-9-8-23 submitted by Planet Neon Sign Company, requesting
approval of all plans in connection with a proposal for signage and the
renovation of the exterior of the commercial building on property located
at 33152 Seven Mile Road in the Southwest 1/4 of Section 3, 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 95-9-8-23 is hereby approved and
granted, subject to the following conditions
1 That the Building Elevation Plan marked Sheet 1, dated 8/22/95
prepared by Marco Design Group, is hereby approved and shall be
adhered to, and
2. That the Sign Package by Planet Neon Sign Systems received by
the Planning Commission on September 13, 1995, is hereby
approved and shall be adhered to
#725-95 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 Monday,
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November 27, 1995, at 7 00 p m at the City Hall, 33000 Civic Center
Drive, Livonia, Michigan, with respect to the following items.
(1) Petition 95-7-1-14, submitted by the Planning Commission for a
change of zoning of property located on the south side of Five Mile
Road between Hubbard Road and Fairfield in the Northwest 1/4 of
Section 22, from C-2 to OS, the City Planning Commission in its
resolution 9-179-95 having recommended to the City Council that
Petition 95-7-1-14 be approved, and
(2) Petition 95-8-1-17, submitted by Leo Soave to rezone property
located north of Ann Arbor Trail between Stark and Farmington
Roads in the Southeast 1/4 of Section 33, from RUF to R-1 B, the
City Planning Commission in its resolution 9-182-95 having
recommended to the City Council that Petition 95-8-1-17 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
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
#726-95 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, December 6, 1995, at 8 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following items
(1) Petition 95-7-1-15, submitted by the Planning Commission to
rezone property located on the southeast corner of Plymouth Road
and Laurel Avenue in the Northwest 1/4 of Section 33, from C-1 to
C-2, the City Planning Commission in its resolution 9-180-95
having recommended to the City Council that Petition 95-7-1-15 be
approved,
(2) Petition 95-7-1-16, submitted by the Planning Commission to
rezone property located north of Plymouth Road between Hartel
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Avenue and Middlebelt Road in the Southwest 1/4 of Section 25,
from C-2 to R-1, the City Planning Commission in its resolution 9-
181-95 having recommended to the City Council that Petition 95-7-
1-16 be approved, and
(3) Petition 95-8-1-18, submitted by Robert Goldman for Edward and
Mary Jo Olschanski to rezone property located on the west side of
Inkster Road between Six Mile Road and Whitcomb Drive in the
Northeast 1/4 of Section 13, from R-2 to C-1 , the City Planning
Commission in its resolution 9-183-95 having recommended to the
City Council that Petition 95-8-1-18 be denied,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendments to the
Zoning Ordinance, and/or (b) locations 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 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
A roll call vote was taken on the foregoing resolutions with the following result.
AYES McGee, Kavanagh, Brosnan, Toy, Jurcisin, Feenstra, and Taylor
NAYS None
On a motion by Jurcisin, seconded by McGee, and unanimously adopted,
it was
#727-95 RESOLVED, that having received a communication from
18th Judicial District Court Judges C Charles Bokos and Gail McKnight,
dated September 26, 1995, concurred in by 16th District Court Chief
Judge Robert B Brzezinski, wherein it is requested that the City approve
the creation of a Magistrate Multiple District Plan between the 16th
District Court and the 18th District Court, pursuant to MCLA 600 8320,
and the appointment of Donald L. Vandersloot as Attorney Magistrate to
be permanently assigned to the 18th District Court in Westland, the
Council does hereby approve the creation of a Magistrate Multiple District
Plan in the manner and form herein submitted subject to the amendment
of Administrative Order 95-01J to specifically provide that Mr Vandersloot
will serve at the pleasure of the judges of the 18th District Court and the
16th District Court, and that he will not sit as a Magistrate in the 16th
District Court and will not hear cases originating within the jurisdiction of
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the 16th District Court; FURTHER, the Council does hereby approve the
appointment of Mr Donald L. Vandersloot to serve as Attorney Magistrate
in the 18th District Court with the understanding that all compensation
and costs incidental to his service will be borne by the 18th District Court,
FURTHER, this approval is subject to the execution of a hold harmless
agreement by Mr Vandersloot and the 18th District Court to protect the
City of Livonia from liability and any and all claims which may be brought
as a result of the creation of a Magistrate Multiple District Plan and the
appointment of the Attorney Magistrate herein
On a motion by Feenstra, seconded by Toy, it was
RESOLVED, that the Council does hereby refer this matter
to the next Regular Meeting to be held on October 25, 1995, to allow the
petitioner time to correct the violations that are outstanding on this
property
A roll call vote was taken on the foregoing resolution with the following result:
AYES Feenstra and Taylor
NAYS McGee, Kavanagh, Brosnan, Toy, and Jurcisin
Toy requested and received permission of the Council to change her vote, which
resulted in the following
AYES Toy, Feenstra, and Taylor
NAYS McGee, Kavanagh, Brosnan, and Jurcisin
The President declared the resolution denied
On a motion by Jurcisin, seconded by Kavanagh, it was
#728-95 RESOLVED, that having considered the report and
recommendation of the Committee of Whole, dated September 20, 1995,
submitted pursuant to Council Resolution 484-95, a letter from the
Michigan Liquor Control Commission, dated November 21, 1994, and the
report and recommendation of the Chief of Police, dated June 8, 1995,
approved for submission by the Mayor, the Council does hereby approve
of the request from Salma Seba and Faig Sarhan, stockholders in Farm
Eight, Inc., for transfer of ownership of a 1991 SDD-SDM licensed
business from Baseline Drugs, Inc. for a business located at 33479 W
Eight Mile Road, Livonia, Michigan 48152, Wayne County; and the City
Clerk is hereby requested to forward a certified copy of this resolution to
the Michigan Liquor Control Commission
A roll call vote was taken on the foregoing resolution with the following result.
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AYES McGee, Kavanagh, Brosnan, Jurcisin, Feenstra, and Taylor
NAYS Toy
The President declared the resolution adopted.
(The Council indicated that it will move to rescind the approving resolution at the
Regular Meeting of October 25, 1995, if the outstanding violations are not corrected by
that date )
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#729-95 RESOLVED, that the Council does hereby request that the
Inspection Department conduct an inspection of the premises in
connection with the request for transfer of ownership of the 1991 SDD-
SDM licensed business from Baseline Drugs, Inc. for a business located
at 33479 W Eight Mile Road, Livonia, Michigan, and submit a report and
recommendation regarding the conditions thereof prior to the Regular
Meeting to be held on October 25, 1995
On a motion by Toy, seconded by Jurcisin, it was
#730-95 RESOLVED, that having considered the report and
recommendation of the Committee of Whole, dated September 20, 1995,
submitted pursuant to Council Resolution 576-95, and a communication
from the City Assessor, dated June 19, 1995, approved for submission by
the Mayor, with regard to a request from Mr Rex Yount, 36650 Joy Road,
Livonia, Michigan 48150, and in accordance with the provisions of 1967
PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby approve of the proposed division and
combination of Tax Item Nos 46-127-99-0003-001 and 46-127-99-0002-
001 into three parcels, the legal descriptions of which shall read as
follows
PARCEL A
Part of the S W 1/4 of Section 32, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, described as commencing at the
South 1/4 corner of said Section 32; thence N 87°4918" W 638 58 feet
along the centerline of Joy Road and on the South line of said Section 32
to the Point of Beginning, thence continue along said centerline of Joy
Road and South section line N 87°49'18" W , 173 03 feet; thence N
02°07'42" E 338 74 feet to the South line of "Linden Wood Sub " (L.93,
P 97, W C R.), thence S 87°48'13" E 173 03 feet along the South line of
said subdivision, thence S 02°07'42" W 338 69 feet to the Point of
Beginning. Containing 1 3455 acres of land and subject to the rights of
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the public in the South 33 feet thereof as occupied by Joy Road Also
subject to all restrictions and easements of record, if any
PARCEL B
Part of the S W 1/4 of Section 32, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, described as. commencing at the
South 1/4 corner of said Section 32, thence N 87°49'18" W 870 52 feet
along the centerline of Joy Road and on the South line of said Section 32
to the Point of Beginning, thence N 02°07'42" E 60 00 feet; thence N
87°49'18" W 10 00 feet; thence N 02°07'42" E. 278 76 feet to the South
line of "Linden Wood Sub " (L.93, P 97, W C R.), thence S 87°48'13" E.
68 91 feet along the South line of said subdivision, thence S 02°07'42"
W 338 74 feet to the centerline of Joy Road and South section line,
thence N 87°49'18" W 58 91 feet along said centerline and South
section line to the Point of Beginning Containing 0 5221 acres of land
and subject to the rights of the public in the South 33 feet of the East
58 91 feet thereof as occupied by Joy Road Also subject to all
restrictions and easements of record, if any
PARCEL C
Part of the S W 1/4 of Section 32, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, described as commencing at the
Lit South 1/4 corner of said Section 32, thence N 87°49'18" W 870 52 feet
along the centerline of Joy Road and on the South line of said Section 32,
thence N 02°07'42" E 60 00 feet, thence N 87°49'18" W 10 00 feet to
the Point of Beginning, thence N 02°07'42" E 278 76 feet to the South
line of"Linden Wood Sub " (L.93, P 97, W C R.), thence N 87°48'13" W
128 45 feet along the South line of said subdivision, thence S 02°07'42"
W 278 80 feet; thence S 87°49'18" E. 128 45 feet to the Point of
Beginning Containing 0 8861 acres of land and subject to all restrictions
and easements of record, if any
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, FURTHER, the
action herein is made subject to the dedication of an additional 27' of
right-of-way for Joy Road
A roll call vote was taken on the foregoing resolution with the following result:
AYES McGee, Kavanagh, Brosnan, Toy, and Jurcisin
NAYS Feenstra and Taylor
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The President declared the resolution adopted
Jurcisin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 050 AND 060
OF TITLE 9, CHAPTER 32 (ALCOHOLIC BEVERAGES)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
On a motion by Toy, seconded by McGee, and unanimously adopted, it
was
#731-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated September 22, 1995, which bears the signature
of the Director of Finance and is approved for submission by the Mayor,
the Council does hereby accept the unit price bid of Progressive
Sweeping Contractors, Inc., 455 Terminal Road, Toledo, Ohio 43612, for
completing all sweeping required for the City's 1995 Leaf Pickup Program
at the unit prices bid, the Council having determined to accept such bid in
lieu of the lower bid for the reasons outlined in the aforementioned report
and recommendation, and the bid of M & T Sweeping, Inc., 19011
Innsbrook, Suite 104, Northville, Michigan 48167, is hereby rejected for
the reasons indicated in the attachment, and the Director of Public Works
is hereby authorized to approve any 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.
On a motion by Jurcisin, seconded by McGee, it was.
#732-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 14, 1995,
approved for submission by the Mayor, in connection with the bids
received for the paving of Beacon Road, east of Stark Road (Contract 95-
U), the Council does hereby reject all bids received in connection with this
item and authorizes the return of all bid bonds to the bidders, the action
herein being taken for the reasons indicated in the aforesaid
communication, FURTHER, the Council does hereby authorize the
Engineering Department, together with the Finance Director, to do all
things necessary to prepare specifications and obtain bids in the Spring
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of 1996 for the paving of Beacon Road, east of Stark Road, in accordance
with the provisions set forth in the Financial Ordinance, the same
thereafter to be submitted to Council for its consideration
A roll call vote was taken on the foregoing resolution with the following result:
AYES McGee, Brosnan, Toy, Jurcisin, Feenstra, and Taylor
NAYS Kavanagh
The President declared the resolution adopted
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#733-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 28, 1995, which
transmits its resolution 9-194-95, adopted on September 26, 1995, with
regard to Petition 95-9-8-22 submitted by Office Depot/William Pope,
requesting approval of all plans in connection with a proposal for signage
and the renovation of the exterior of the commercial center on property
located at 29320 Plymouth Road in the Southwest 1/4 of Section 25,
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 95-9-8-22 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan by Tushie Montgomery Associates, Inc. received
by the Planning Commission on September 27, 1995, is hereby
approved and shall be adhered to,
2. That the parking lot described on the approved Site Plan shall be
completely repaved and restriped with double stripes, including
those parking and driveway areas adjacent to the sides and to the
rear of the building,
3 That the Building Elevation Plan by Tushie Montgomery
Associates, inc. received by the Planning Commission on
September 27, 1995, is hereby approved and shall be adhered to,
4 That the 140 sq ft sign as shown on the approved Building
Elevation Plan is hereby approved and shall be adhered to,
5 That a fully detailed Landscape Plan shall be submitted to the
Planning Commission and to City Council for their review and
approval prior to final inspection,
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6 That the two boarded up openings on the north wall shall be
blocked in and the entire wall shall be repainted,
7 That the wood stockade fencing located at the northernmost
portion of the protective wall shall be replaced with concrete to
match the rest of the existing wall, and that the entire wall on the
east property line shall be repainted, and
8) That the petitioner shall designate $1,000 00 per island (of which
there are 10 in total) to upgrade the interior landscaping (which is
in the parking lot), and to repair the curbs surrounding each of the
10 islands
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was.
#734-95 WHEREAS, there are more than 7,000 miles of state, county
and city roads in Wayne County with the condition of primary roads and
local streets in Wayne County being vital to the economy and stability of
its communities, and
WHEREAS, there are currently 294 miles of roads on Wayne County's
system alone that need to be resurfaced or rebuilt, but have no available
funding, while similar needs now exist on city streets in the many
communities in Wayne County; and
WHEREAS, Wayne County and its 35 cities will lose a combined total of
$8 8 million in road funds after October 1, 1995, due to the sunset of the
State of Michigan's "Build Michigan" program; and
WHEREAS, Michigan's gasoline tax has been capped and unable to
grow with inflation since 1984, and Michigan now ranks dead last in road
and bridge investment, 49th in fees assessed to 80,000-pound tractor
trailer vehicles and 48th in per capita investment in roads These factors
combined have resulted in a critical need for increased revenue for road
agencies across the state, and
WHEREAS, city and county road agencies throughout Michigan have
streamlined operations, reduced employees and are operating at a high
level of efficiency;
NOW, THEREFORE, BE 1T RESOLVED, that the City of Livonia hereby
supports a significant increase in fair and equitable funding for all
transportation functions in our community and across Michigan and that
such a funding initiative should, at the very least, include a significant
increase in Michigan's relatively low gas tax, and a significant increase in
diesel fuel costs and truck registration fees The City of Livonia also
urges the Governor and the Legislature to act on this important issue
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immediately to assist in making Michigan competitive with its neighboring
states The City of Livonia further urges the Legislature to adopt
appropriate legislation to reduce the load limits for trucks in the State of
Michigan to help alleviate deterioration of roads in our State Moreover,
the City requests that the Governor and the members of the Michigan
Legislature heed the needs of their local constituents and retain the long-
standing gas tax distribution formula to insure that local governments will
have sufficient funds to repair and maintain their roads,
FURTHER, BE IT RESOLVED, that copies of the Resolution be sent to
Governor Engler, State Senator R. Robert Geake, State Representative
Lyn Bankes, State Representative Gerald Law, Wayne County, the MML
State and Federal Affairs Division, and the Conference of Western
Wayne
On a motion by McGee, seconded by Toy, it was
#735-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 27, 1995, which sets forth its
resolution 6-104-95, adopted on June 13, 1995, with regard to Petition
95-5-1-8, submitted by Thomas Guastello for a change of zoning of
property located on the east side of Middlebelt Road between
Buckingham and Perth Avenues in the Southwest 1/4 of Section 24, from
L. OS to C-2, and the Council having conducted a public hearing with regard
to this matter on September 20, 1995, pursuant to Council Resolution
528-95, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 95-5-1-8 is hereby denied for the
following reasons
1 That the proposed change of zoning is contrary to the Future Land
Use Plan designation of Office for this subject property;
2. That there is no demonstrated need for more of the type of uses
which can be accommodated by the proposed zoning district;
3 That the proposed change of zoning will not maintain the buffer
zone concept whereby a more restrictive zoning district is placed
between a more intensively used, less restrictive district and
residential development so as to lessen any negative external
effects which tend to erode the peace, tranquillity and enjoyment of
the residential area,
4 That the proposed change of zoning to a less restrictive zoning
classification will provide for a development which will increase
traffic congestion in the area, and
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5 That the placement of the existing office uses on adjacent
properties were predicated on the notion that the extension of
additional office uses onto the subject property would complete a
very logical development plan for the area.
A roll call vote was taken on the foregoing resolution with the following result:
AYES McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor
NAYS Feenstra.
The President declared the resolution adopted.
On a motion by Kavanagh, seconded by Toy, it was
#736-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 31, 1995, which sets forth its
resolution 7-132-95, adopted on July 18, 1995, with regard to Petition 95-
6-2-22, submitted by Pacoma Purlingbrook LLC, requesting waiver use
approval to construct cluster homes to be located on the east side of
Purlingbrook Avenue, north of Seven Mile Road in the Southeast 1/4 of
Section 2, which property is zoned R-1, and the Council having conducted
a public hearing with regard to this matter on September 20, 1995,
pursuant to Council Resolution 565-95, the Council does hereby refer this
item to the Committee of the Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES McGee, Kavanagh, Brosnan, Toy, Jurcisin, and Taylor
NAYS Feenstra.
The President declared the resolution adopted.
On a motion by Kavanagh, seconded by McGee, and unanimously
adopted, it was
#737-95 RESOLVED, that the Council does hereby refer the subject
of the possible impact on Purlingbrook with regard to traffic resulting from
the proposed construction of cluster homes by Pacoma Purlingbrook LLC
(Petition 95-6-2-22) to be located on the east side of Purlingbrook
Avenue, north of Seven Mile Road in the Southeast 1/4 of Section 2, and
the possibility of contributions from the developer for the upgrading of the
street to the Streets, Roads and Plats Committee, the Engineering
Department, and the Traffic Commission for their respective reports and
recommendations.
(REVISED PAGE - SEE CR #738-95)
29101
On a motion by Feenstra, seconded by Toy, and unanimously approved, it
was.
#738-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 31, 1995, which sets forth its
resolution 7-131-95, adopted on July 18, 1995, with regard to Petition 95-
2-1-3, submitted by the City Planning Commission, pursuant to CR 883-
94, for a change of zoning of property located north of Seven Mile Road,
east of the 1-275 Freeway in Section 6, from P0111 to POI, P0111 to PO, PO
to P0111, C-411I to P0111, and P0111 to C-4111, and the Council having
conducted a public hearing with regard to this matter on October 2, 1995,
pursuant to Council Resolution 563-95, the Council does hereby approve
Petition 95-2-1-3, as modified so as to delete any proposed rezoning from
P0111 to PO, for preparation of the ordinance for submission to Council,
and the City Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning changes herein approved
and to furnish the same to the Department of Law and, upon receipt of
such map, the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this
resolution.
Reports from the Livonia Election Commission, dated October 4, 1995,
the City Clerk, dated September 26, 1995, and Business Records Corporation, dated
October 6, 1995, September 29, 1995, and September 15, 1995, re the operational
problems that arose during the Primary Election were received and placed on file for
the information of the Council (CR 627-95)
On a motion by Jurcisin, seconded by McGee, and unanimously adopted,
it was
#739-95 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated October 3, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby authorize the
execution of the attached Stipulation for Consent Judgment and entry of
the Consent Judgment in Wayne County Circuit Court Case No 94-
428972 CC, providing for the taking of property (leasehold interest)
located on the east side of Merriman Road between Plymouth Road and
Schoolcraft (12240 Merriman Road), BE IT FURTHER RESOLVED, that
the Council does hereby appropriate the total sum of $74,000 00 as just
compensation to David Smith, DDS and National Denture Center, which
amount also includes all interest, attorney fees and costs, FURTHER, the
(REVISED PAGE)
29102
Council does hereby authorize the aforesaid sum to be paid to David
Smith, DDS, National Denture Center and Kenneth C Harrison, PC, and
the Council does hereby authorize the aforesaid sum to be expended
from the $12 Million Obligation Road Improvement Bond Issue for this
purpose, and the City Clerk and City Treasurer are hereby authorized to
do all things necessary or incidental to the full performance of this
resolution.
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was
#740-95 RESOLVED, that having considered a communication from
the Department of Law, dated September 14, 1995, approved by the City
Engineer and the Finance Director and approved for submission by the
Mayor, the Council does hereby authorize the Department of Law to
acquire a 27 foot strip of property, 117 feet in length, owned by Maria
Fortuna, which land is more particularly described as follows.
The South 60 feet of the following parcel of land:
Part of the Southwest 1/4 of Section 4, T 1 S , R. 9 E., City of
Livonia, Wayne County, Michigan, beginning at a point on the
South line of said Section 4, South 89°59'37" West 500 56 feet,
thence North 00°10'55" East 408 0 feet to the South line of
Bicentennial Estates Subdivision, L99 P77-80, thence South
89°59'37" West 132.0 feet to the East line of said subdivision,
thence South 00°10'55" West 78 0 feet, thence North 89°59'37"
East 15 0 feet, thence South 00°10'55" West 330 0 feet to the
South line of Section 4, thence North 89°59'37" East 117 0 feet to
POB 1 12 Ac. Subject to easements of record. (Parcel No 015-
99-0020-002)
subject to the following conditions
1 That the purchase price shall be in the sum of $2,259 00;
2. That the City of Livonia shall pay for the cost of title work and any
application costs in obtaining a discharge of mortgage on the
property in the sum not to exceed $400 00;
3 That the City's portion of the prorated City, County, County Drain,
School and Community College taxes shall be in a sum not to
exceed $191 00; and
4 That the City of Livonia shall install the sidewalk without further
cost to the owner of the property
29103
BE IT FURTHER RESOLVED, that a sum not to exceed $2,850 00 is
hereby authorized to be expended from the $12 Million General
Obligation Road Improvement Bond Issue approved by the electorate in
1989 for the acquisition of said Seven Mile Road right-of-way; $900 00 be
expended for the necessary sidewalk installation, and the City Clerk is
hereby requested to do all things necessary or incidental to the full
performance of this resolution
No one from the audience wished to speak during the audience
communication portion of the meeting
On a motion by Feenstra, seconded by Toy, and unanimously adopted, it
was
#741-95 RESOLVED, that the Council does hereby refer the subject
of the possible installation of sidewalks on Inkster Road between
Plymouth and Schoolcraft (single lot assessments) to the Engineering
Department for its report and recommendation.
Councilmember Toy offered congratulations to Wayne County
Commissioner Thaddeus McCotter (who is 30 years of age and represents Livonia,
Plymouth and Northville) for being recognized recently by Crain's Detroit Business as
one of"40 Under 40" notable young professionals
Councilmember Feenstra (at Kavanagh's prompting) announced that a
Legislative Committee Meeting is scheduled for Tuesday, October 17th at 7 30 p m. ,
and that one of the items on the Agenda is the subject of the proposed abolition of the
Detroit Recorder's Court and making its judges Wayne County Circuit Judges (House
Bill 4952)
Council President Taylor offered a belated birthday greeting to his wife,
Kay He also announced that a Public Hearing and a Study Meeting are scheduled for
Monday, October 16, a Legislative Committee Meeting is scheduled for October 17, as
well as another Public Hearing being scheduled for October 18
29104
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
this 1,306th Regular Meeting of the Council of the City of Livonia was adjourned at 9'40
p m , October 11, 1995
•i Jn& !'
•
:n McCotter, City Clerk