HomeMy WebLinkAboutCOUNCIL MINUTES 1995-06-05 28834
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND NINETY-EIGHTH
LREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On June 5, 1995, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8 02 p m Councilmember Jurcisin delivered the
invocation
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 Nagy, City Planner; Raul Galindo, City Engineer; Cathryn K
White, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director
of Legislative Affairs; John Fegan, Director of Inspection; Jeanne Treff,
Cable Television Director; Robert Alanskas, Planning Commission; and Lee
Morrow, Planning Commission
On a motion by Kavanagh, seconded by McGee, and unanimously
adopted, it was
#354-95 RESOLVED, that the minutes of the 1,297th Regular
Meeting of the Council of the City of Livonia, held May 17, 1995,
are hereby approved as amended*
*The amendment to the aforementioned minutes occurs on page 28818 re
the second reading for Petition 93-11-1-17, which roll call vote shall be
reflected to read as follows
A roll call vote was taken on the foregoing Ordinance with the
following result
AYES Jurcisin, Feenstra, McGee, Kavanagh, and Taylor
NAYS Toy and Brosnan
Toy petitioned the Chair to change her vote on the foregoing Ordinance
with the following result
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AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor
NAYS Brosnan
The President declared the foregoing Ordinance duly adopted, and
would become effective on publication
During the audience communication portion of the meeting, the
following individuals spoke to the subject matter of the water main breaks
and the hydroseeding/weed problems along Inkster Road between West Chicago
and Joy Road
Jim Nelson, 9217 Inkster, who was also speaking on behalf of Rick
Diamond and Angela Agazzi;
Mr Mieszczur, 9129 Inkster; and
Henry Binder, 9207 Inkster Road
On a motion by Kavanagh, seconded by Brosnan, and unanimously
adopted, it was
#355-95 RESOLVED, that the Council does hereby refer the matter
of the failure of the contractor to properly replace lawns in
connection with the work performed along Inkster Road between
West Chicago and Joy Road to the Engineering Department for a
report and recommendation
On a motion by Kavanagh, seconded by Brosnan, and unanimously
adopted, it was
#356-95 RESOLVED, that the Council does hereby refer the matter
of the failure of the contractor to restore lawns in connection
with work performed along Inkster Road between West Chicago and
Joy Road, and the subject of frequent water main breaks in this
area, to the Department of Public Works for its report and
recommendation
A communication from the Department of Law, dated May 9, 1995,
re Bianconi v City of Livonia, Zoning Board of Appeals of the City of
Livonia and David Woodcox, Wayne County Circuit Court Civil Action No
92-231883-AW, State of Michigan Court of Appeals No 168186, was received
and placed on file for the information of the Council
A communication from the Department of Finance, dated May 18,
1995, re forwarding various financial statements of the City of Livonia
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for the month ending April 30, 1995, was received and placed on file for
the information of the Council
At the direction of the Chair, Item #4 was removed from the
Consent portion of the Agenda
On a motion by Kavanagh, seconded by Toy, it was
#357-95 RESOLVED, that having considered an application from
Jeanette M Lang, 16723 Ryan, dated May 9, 1995, requesting
permission to close Ryan Road, south of Six Mile Road and east of
Merriman Road, on Saturday, September 9, 1995, from 12 00 p m to
7 00 p m , for the purpose of conducting a block party, the
Council does hereby grant permission as requested, the action
taken herein being made subject to the approval of the Police
Department
#358-95 RESOLVED, that having considered a communication from
the City Assessor, dated April 26, 1995, approved for submission
by the Mayor, with regard to a request from Mr Kenneth Mundy,
10478 Wayne Road, Livonia, Michigan, representing Mr Leonard
Ball, 29802 Greenland, Livonia, Michigan 48154, 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 of Tax Item No
46-053-01-0069-000 into two parcels, the legal descriptions of
which shall read as follows
Parcel A.
Livrance Estates Subdivision, T 1S , R 9E , L67 P10, Wayne
County Records, the west 70 0 ft of Lot 69
Parcel B.
Livrance Estates Subdivision, T 1S , R 9E , L67 P10, Wayne
County Records, Lot 69 exc the west 70 0 ft
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
#359-95 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated May 12, 1995, regarding
a resolution previously adopted by the Council approving Teh-Yuan
Yu for a new full-year Class C license to be located at Laurel
Park Place Shopping Center, Newburgh Road, Livonia, Michigan
48150, Wayne County, the Council does hereby amend Council
Resolution 218-95 to read as follows
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RESOLVED, that having considered a letter dated
March 21, 1995, from Jack R Penwarden, Attorney at Law,
representing 168, Inc. , requesting approval of an
application for a new full-year, on-premise Michigan Liquor
Control Commission Class C liquor license for a restaurant
to be located at 37546 W. Six Mile Road in Laurel Park Place
Shopping Center, Livonia, Michigan 48152, Wayne County, the
Council does hereby take this means to advise the Michigan
Liquor Control Commission that the City approves the said
request "Above All Others" ; and the City Clerk is hereby
requested to forward a certified copy of this resolution to
the Michigan Liquor Control Commission
#360-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, the
Superintendent of Public Service, and the Superintendent of Parks
and Recreation, dated May 9, 1995, which bears the signature of
the Director of Finance and is approved for submission by the
Mayor, the Council does hereby accept the bid of Sprinkler
Services Company, 30017 W Eight Mile Road, P 0 Box 530693,
Livonia, Michigan 48153, for completing all work in connection
with the installation of the Whispering Willows Golf Course
irrigation system, including pump station, for the sum of
$113, 000 00, the same having been in fact the lowest bid received
and meets all specifications; FURTHER, the Council does hereby
authorize the expenditure of the sum of $113, 000 00 from funds
already budgeted for this purpose in Account No 101-680-974-000;
FURTHER, the Council does hereby authorize the Finance Department
to arrange an installment purchase loan for the financing of this
project over a five-year period; and the Director of Public Works
is hereby authorized to approve minor adjustments in the work as
required, in accordance with Section 3 04 130 of the Livonia Code
of Ordinances; 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 things necessary or
incidental to the full performance of this resolution
#361-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, the
Superintendent of Public Service, and the Superintendent of Parks
and Recreation, dated May 9, 1995, which bears the signature of
the Director of Finance and is approved for submission by the
Mayor, the Council does hereby accept the bid of Valley Turf,
Inc , 3721 28th Street S W , Grandville, MI 49418, to supply
materials and equipment only for the Whispering Willows Golf
Course irrigation system, for the sum of $156, 072 00, the same
having been in fact the lowest bid received and meets all
specifications; FURTHER, the Council does hereby authorize the
expenditure of the sum of $156, 072 00 from funds already budgeted
for this purpose in Account No 101-680-974-000; FURTHER, the
Council does hereby authorize the Finance Department to arrange
an installment purchase loan for the financing of this project
over a five-year period; and the Director of Public Works is
hereby authorized to approve minor contract changes as required,
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in accordance with Section 3 04 130 of the Livonia Code of
Ordinances; 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 things necessary or incidental
to the full performance of this resolution
#362-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the
Superintendent of Public Service, dated May 9, 1995, which bears
the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the bid
of Enviro Vac Services, Inc , 1755 Austin Avenue, Troy, Michigan
48083, for completing all work in connection with the
installation of a new gasoline/diesel underground storage tank
system at Whispering Willows Golf Course for the sum of
$66, 000 00, the same having been in fact the lowest bid received
and meets all specifications; FURTHER, the Council does hereby
appropriate and authorize the expenditure of the sum of
$66, 000 00 from the Capital Project Fund, Account No
401-000-818-036 for this purpose; and the Director of Public
Works is hereby authorized to approve minor adjustments in the
work as required; 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 things necessary
or incidental to the full performance of this resolution
#363-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated May 10,
1995, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the bid
of Spartan Distributors, Inc , 487 W Division Street, Sparta,
Michigan 49345, for supplying the Public Service Division
(Equipment Maintenance and Idyl Wyld Golf Course Sections) with
two (2) multi-reel fairway mowers for a net price of $28, 328 00,
based on a total price of $41, 828 00 less trade-ins of
$13, 500 00, the same having been in fact the lowest bid received
and meets all specifications; FURTHER, the Council does hereby
authorize the expenditure of the sum of $28, 328 00 from funds
already budgeted in Account Nos 101-446-987-000 and
101-683-985-000 for this purpose
#364-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated May 11,
1995, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
accept the bid of Burke Equipment Co , 36000 Mound Road, P 0 Box
8010, Sterling Heights, Michigan 48311, for supplying the Public
Service Division (Forestry Section) with one (1) trailer-mounted
vacuum leaf collector for the total price of $15,710 00
(including $210 00 to upgrade impeller blades) , the same having
been in fact the lowest and only bid received and meets
specifications; FURTHER, the Council does hereby authorize the
expenditure of the sum of $15, 710 00 from funds already budgeted
in Account No 205-527-987-000 for this purpose
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#365-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated May 11,
1995, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the bid
of Motor City Ford Truck, Inc , 39300 Schoolcraft Road, Livonia,
Michigan 48150, to supply the Public Service Division (Equipment
Maintenance Section) with one (1) truck-mounted aerial device for
a total price of $78, 353 00; FURTHER, the Council does hereby
determine the aforesaid bid to be a better bid than the bids
submitted by TECO, Inc and Cannon Engineering & Equipment
Company for the reasons indicated in the aforesaid communication,
and the action taken herein being made in accordance with Section
3 04 140E of the Livonia Code of Ordinances, as amended; FURTHER,
the Council does hereby authorize the expenditure of the sum of
$78,353 00 from funds already budgeted in Account No
101-446-985-000 for this purpose
#366-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated May 15,
1995, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
accept the bid of Wolverine Truck Sales, 3550 Wyoming, Dearborn,
Michigan 48120, to supply the Public Service Division (Equipment
Maintenance Section) with two (2) 1995 cabs and chassis complete
with installed 5-7 yard dump bodies and hoists, tailgate salt
spreaders, underbody scraper blades, truck hydraulic systems, and
front snowplow hitches with snowplows for a net price of
$133,826 48, based on a total price of $135,426 48 less trade-ins
of $1, 600 00, the same having been in fact the lowest bid
received which meets all specifications; and the bid of Bill Wink
Chevrolet-GMC is hereby rejected for the reasons indicated in the
attachment; FURTHER, the Council does hereby authorize the
expenditure of the sum of $133, 826 48 from funds already budgeted
in Account No 101-446-985-000 for this purpose
#367-95 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and the Director of
Public Works, dated May 16, 1995, which bears the signature of
the Director of Finance and is approved for submission by the
Mayor, wherein it is indicated that the Water and Sewer Board in
its resolution WS 3093 4/95, adopted April 24, 1995, has
requested that the City appropriate funds to participate with the
Township of Redford in the replacement of the water main on
Inkster Road between Seven Mile and Grand River, with the City of
Livonia participation estimated at $29,666 92, the Council does
hereby determine as follows
1) That the City of Livonia agrees to participate in the
project cost; and
2) That the sum of $29,666 92 is hereby appropriated and
authorized to be expended from the $5 Million Revenue Bond
for this purpose
28840
#368-95 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 4, 1995,
approved for submission by the Mayor, to which is attached a
proposed Administrative Services Contract Renewal Agreement with
Blue Cross and Blue Shield of Michigan for a one-year renewal
term for the period June 1, 1995 through May 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 agreement
in the manner and form herein submitted, as well as to do all
other things necessary or incidental to the full performance of
this resolution; FURTHER, the Council does hereby authorize the
said item without competitive bidding in accordance with Section
3 04 140D2 of the Livonia Code of Ordinances, as amended
#369-95 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 11, 1995,
approved for submission by the Mayor, to which is attached a
proposed Request for Proposal (RFP) for ambulance billing
services to be provided after August 1, 1995, the Council does
hereby approve the Request for Proposal as submitted and does
hereby authorize the Director of Finance to obtain bids for such
ambulance billing services in accordance with the provisions set
forth in the Financial Ordinance, the same to be thereafter
submitted to Council for its consideration
#370-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 12, 1995, which transmits
its resolution 5-79-95, adopted on May 9, 1995, with regard to
the proposed preliminary plat of Orangelawn Woods Subdivision No
2, to be located south of Plymouth Road between Farmington and
Stark Roads in the Northeast 1/4 of Section 33, City of Livonia,
Wayne County, Michigan, and the preliminary plat having been
approved by the City Planning Commission on May 9, 1995, the
Council does hereby approve of the said preliminary plat subject
to the receipt of a report and recommendation by the City
Engineer relative to the development plans and specifications for
the improvements therein and the financial assurances
guaranteeing the satisfactory installation of such improvements
#371-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 15, 1995, which transmits
its resolution 5-86-95, adopted on May 9, 1995, with regard to
Petition 95-4-8-9 submitted by Tom Bjorklund on behalf of Time
Warner Cable, requesting approval of all plans in connection with
a proposal to expand the existing building and parking lot
located at 14701 Farmington Road in the Northeast 1/4 of Section
21, pursuant to the provisions set forth in Section 18 47, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 95-4-8-9 is hereby approved and granted,
subject to the following conditions
1) That the Site Plan, defined as Drawing No SP-1 dated
4/25/95 by Redstone Architects, is hereby approved and shall
be adhered to;
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2) That the Landscape Plan, dated 4/24/95 by Michael J Dul &
Associates, Inc , is hereby approved and shall be adhered
to;
3) Underground sprinklers are to be provided for all landscaped
and sodded lawn areas, and all planting materials shall
thereafter be permanently maintained in a healthy condition;
4) That the Elevation Plan, defined as Drawing No A-4 dated
4/25/95 by Redstone Architects, is hereby approved and shall
be adhered to;
5) That all roof-top mechanical units which can be seen by the
public shall be screened or painted a color to match the
building;
6) That the landscaped greenbelt along the north property line,
as shown on the approved Landscape Plan, shall be
substituted for the protective wall required by Section
18 45 of Zoning Ordinance No 543; and
7) That the parking spaces shall be double striped
#372-95 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, July 19, 1995 at
8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items
(1) Petition 95-3-1-5, submitted by Brashear, Tangora & Spence
on behalf of Ronald Borkowski, for a change of zoning of
property located on the east side of Haller Avenue, north of
Plymouth Road, in the Southwest 1/4 of Section 25 from C-2
and R-1 to R-6, the City Planning Commission in its
resolution 5-74-95 having recommended to the City Council
that Petition 95-3-1-5 be denied;
(2) Petition 95-4-1-6, submitted by William C Primo, for a
change of zoning of property located on the west side of
Middlebelt Road, north of Puritan Avenue, in the Northwest
1/4 of Section 14 from OS to C-1, the City Planning
Commission in its resolution 5-75-95 having recommended to
the City Council that Petition 95-4-1-6 be denied; and
(3) Petition 95-3-6-3, submitted by the City Planning Commission
on its own motion to determine whether to amend Section
18 42 of the Zoning Ordinance which would exempt the new
smaller satellite dishes from site plan approval, the City
Planning Commission in its resolution 5-82-95 having
recommended to the City Council that Petition 95-3-6-3 be
approved;
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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
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 Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, Toy, and
Taylor
NAYS None
On a motion by Feenstra, seconded by Jurcisin, it was
#373-95 RESOLVED, THAT WHEREAS, under the provisions of Title I
of the Housing and Community Development Act of 1987, the
Secretary of Housing and Urban Development is authorized to make
grants to units of local government to help finance community
development programs; and
WHEREAS, the primary objective of such Act is the development of
viable urban communities by providing decent housing and suitable
living environment and expanding economic opportunities,
principally for persons of low and moderate income; and
WHEREAS, to obtain its Fiscal Year 1995 entitlement funds under
the Community Development Act of 1987, the City of Livonia must
submit a Consolidated Plan, including an Action Plan,
satisfactory assurances that the Plan will be conducted and
administered in accordance with appropriate federal and state
laws and Department of Housing and Urban Development regulations;
and satisfactory assurances that, prior to submission of the
Consolidated Plan, it has (A) provided citizens with adequate
information concerning the amount of funds available for proposed
community development and housing activities; the range of
activities that may be undertaken, the estimated amount of those
funds proposed to be used for activities that will benefit low
and moderate income persons, and other important program
requirements, (B) held at least two public hearings to obtain
the views of citizens on housing and homeless needs, long-term
strategies and a short-term Action Plan to meet those needs and
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(C) provided citizens an adequate opportunity (at least thirty
(30) days) to examine the content of and to submit comments on
the Consolidated Plan
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia,
that the Consolidated Plan, including the Fiscal Year 1995
Community Development Block Grant Program, is hereby approved as
modified so as to allocate an additional $6, 000 00 to the
Community Commission on Drug Abuse, and the Consolidated Plan, as
modified, shall be submitted to the Department of Housing and
Urban Development
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, and Taylor
NAYS Toy
The President declared the resolution adopted
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#374-95 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 10, 1995,
submitted pursuant to Council Resolution 143-95, with respect to
the subject of towing charges, the Council does hereby authorize
the Finance Director to do all things necessary to prepare
specifications and obtain bids for this service in accordance
with the provisions set forth in the Financial Ordinance, the
same to be thereafter submitted to Council for its consideration
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#375-95 RESOLVED, that the Council does hereby determine that
an additional section shall be added to such proposed amendment
to the Livonia Code of Ordinances (Impounding Vehicle -
Redemption Conditions and Costs) to provide that the Police
Department shall not utilize any towing company that proposes to
charge more for towing and related services than is permitted by
this proposed amendment
Feenstra gave first reading to the following Ordinance, as
revised
AN ORDINANCE AMENDING SECTION 240 OF TITLE 10, CHAPTER 21
(IMPOUNDED VEHICLE - REDEMPTION CONDITIONS AND COSTS) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
(REVISED CORRECTED PG-SEE CR#376-95
28844
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 Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#376-95 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 10, 1995,
submitted pursuant to Council Resolution 160-95 and a
communication from the Chairman of the Zoning Board of Appeals,
dated March 15, 1995, requesting that the Council review Section
2 10 (4) , Section 18 50A(16) and Section 2 06 of the Zoning
Ordinance to determine if there is a need for revision/updating
of same, the Council does hereby determine on its own motion to
refer to and request that the City Planning Commission conduct a
public hearing on the question of whether a possible amendment to
Section 2 10 (4) of the Zoning Ordinance shall be made to increase
the square footage of attached garages to 900 square feet without
accessory building, with a limit of vehicle openings to three,
with the provisions regarding detached garages and lot coverage
percent (including front yards, side yards and rear yards) to
remain as is
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#377-95 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 10, 1995,
submitted pursuant to Council Resolution 160-95 and a
communication from the Chairman of the Zoning Board of Appeals,
dated March 15, 1995, requesting that the Council review Section
2 10 (4) , Section 18 50A(16) and Section 2 06 of the Zoning
Ordinance to determine if there is a need for revision/updating
of same, the Council does hereby determine on its own motion to
refer to and request that the City Planning Commission conduct a
public hearing on the question of whether a possible amendment to
Section 18 50A(16) of the Zoning Ordinance shall be made to allow
two signs for a corner business fronting two thoroughfares,
provided that the combined square footage for the two signs shall
not exceed the allowable square footage for a business fronting
one major thoroughfare
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
28845
#378-95 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 10, 1995,
submitted pursuant to Council Resolution 160-95 and a
communication from the Chairman of the Zoning Board of Appeals,
dated March 15, 1995, requesting that the Council review Section
2 10 (4) , Section 18 50A(16) and Section 2 06 of the Zoning
Ordinance to determine if there is a need for revision/updating
of same, the Council does hereby determine to take no further
action with respect to the possible amendment of Section 2 06
(Fronting/Fencing) since the matter is already pending before the
Planning Commission
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#379-95 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 10, 1995,
submitted pursuant to Council Resolution 160-95, the Council does
hereby refer to the Law Department for its report and
recommendation the matter of the legality of the possible
establishment of a "Fence Board of Appeals" which would hear only
cases regarding fencing issues and which would consist of three
individuals one representative from the Code Enforcement
Division, one representative from the citizenry at large
appointed by the City Council and one representative from the
City Council appointed by the City Council
Kavanagh gave first reading to the following Ordinance, as
revised
AN ORDINANCE ADDING CHAPTER 91 (CARELESS, RECKLESS OR
NEGLIGENT USE OF BOW AND ARROW, CROSSBOW OR BLOWGUN) TO
TITLE 9 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
Jurcisin gave first reading to the following Ordinance
AN ORDINANCE ADDING CHAPTER 05 (FERRETS) TO TITLE 6
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
28846
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 94-10-1-22)
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
Toy gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 12 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 94-12-1-25)
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
Brosnan gave first reading to the following Ordinance
AN ORDINANCE AMENDING ARTICLES II AND XI OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE "
(Petition 94-12-6-7)
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 gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 33 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 95-1-1-1)
28847
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 took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 33 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 94-11-1-24)
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
Kavanagh took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 94-12-1-26)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Jurcisin, McGee, Kavanagh, Brosnan, Toy, and Taylor
NAYS Feenstra
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
28848
Toy took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 28 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 94-12-1-27)
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
Jurcisin took from the table, for second reading and adoption,
the following Ordinance (Version B)
AN ORDINANCE ADDING SECTION 075 TO TITLE 10, CHAPTER 36
(OPERATING VEHICLE WHILE UNDER INFLUENCE OF LIQUOR AND/OR
CONTROLLED SUBSTANCE) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
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 Toy, seconded by Jurcisin, it was
RESOLVED, that having considered a communication from
the City Assessor, dated May 8, 1995, approved for submission by
the Mayor, with regard to a request from Mr & Mrs Jerry
Rakowski, 20164 Osmus, Livonia, Michigan 48152, 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 of Tax Item No 46-009-
28849
99-0028-000 into two parcels, the legal descriptions of which
shall read as follows
PARCEL 1.
Land in the City of Livonia, County of Wayne, State of Michigan,
described as
The East 120 feet of the North half of the North half of the N W
quarter of the S E quarter of the N E quarter of Section 3, T
1 S , R 9 E , City of Livonia, Wayne County, Michigan, except
the Westerly 30 feet and Northerly 25 feet thereof and also
except the East 310 40 feet thereof Subject to all restrictions
and easements of record, if any
PARCEL 2 .
Land in the City of Livonia, County of Wayne, State of Michigan,
described as
The West 200 feet of the North half of the North half of the N W
quarter of the S E quarter of the N E quarter of Section 3, T
1 S , R 9 E , City of Livonia, Wayne County, Michigan, except
the Westerly 30 feet and Northerly 25 feet thereof and also
except the East 310 40 feet thereof 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
On a motion by Feenstra, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution that would divide the foregoing property
so that the east lot would be one-half acre in size and the west
lot would be one-half acre plus 02 in size
The motion to substitute failed for lack of support
A roll call vote was then taken on the originally proposed resolution, as
follows
#380-95 RESOLVED, that having considered a communication from
the City Assessor, dated May 8, 1995, approved for submission by
the Mayor, with regard to a request from Mr & Mrs Jerry
Rakowski, 20164 Osmus, Livonia, Michigan 48152, 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 of Tax Item No 46-009-
28850
99-0028-000 into two parcels, the legal descriptions of which
Log shall read as follows
PARCEL 1.
Land in the City of Livonia, County of Wayne, State of Michigan,
described as
The East 120 feet of the North half of the North half of the N W
quarter of the S E quarter of the N E quarter of Section 3, T
1 S , R 9 E , City of Livonia, Wayne County, Michigan, except
the Westerly 30 feet and Northerly 25 feet thereof and also
except the East 310 40 feet thereof Subject to all restrictions
and easements of record, if any
PARCEL 2 .
Land in the City of Livonia, County of Wayne, State of Michigan,
described as
The West 200 feet of the North half of the North half of the N W
quarter of the S E quarter of the N E quarter of Section 3, T
1 S , R 9 E , City of Livonia, Wayne County, Michigan, except
the Westerly 30 feet and Northerly 25 feet thereof and also
except the East 310 40 feet thereof 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
with the following result
AYES Jurcisin, McGee, Kavanagh, Brosnan, Toy, and Taylor
NAYS Feenstra
The President declared the resolution adopted
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#381-95 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 9, 1995,
approved for submission by the Mayor, to which is attached a
letter from the Executive Director of the Michigan Municipal
League, dated May 8, 1995, and an invoice with respect to the
City's Michigan Municipal League dues for the period July 1, 1995
through June 30, 1996, the Council does hereby authorize the
payment of same from monies budgeted for this purpose with
respect to the annual dues of $11, 409 00; provided, however, that
the Council rejects and denies authorization to make payment with
respect to the $800 00 Legal Defense Fund Membership
28851
On a motion by Jurcisin, seconded by Toy, it was
RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 15, 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 Flat Rock Contractors, Inc , 14667 Telegraph, Flat
Rock, MI 48134, for completing all work required in connection
with the repair of the concrete pavement on Levan Road from Five
Mile Road south to Meadowbrook (Contract 95-G) for the estimated
total cost of $215,024 30, 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 appropriate and authorize the
expenditure of the sum of $215, 024 30 from the General Obligation
Road Improvement Bond Issue 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
On a motion by Brosnan, seconded by Feenstra, and unanimously
livadopted, it was
#382-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 15, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, with respect to the Levan Road Pavement
Repair from Five Mile Road south to Meadowbrook (Contract 95-G) ,
the Council does hereby refer this item to the Streets, Roads and
Plats Committee for its report and recommendation
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was
#383-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 15, 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 Bidigare Contractors, Inc , 36812 Curtis Road,
Livonia, Michigan 48152, for completing all work in connection
with the Botsford Elementary School storm sewer extension
(Contract 95-R) for the estimated total cost of $20,175 00, 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
28852
appropriate and authorize the expenditure of the sum of
ibo $20, 175 00 from the Surplus Drain Funds available in the Sewer
Separation Bond Retirement Fund No 373 for this purpose, with
the provision that said fund be reimbursed by the Clarenceville
School District for one-half of the cost thereof; 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
On a motion by Feenstra, seconded by Toy, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated May 15, 1995, which transmits
its resolution 5-80-95, adopted on May 9, 1995, with regard to a
request to modify conditions of approval in connection with
Petition 94-4-2-11, submitted by Lorraine B Salan, requesting
waiver use approval to operate an arcade with mechanical
amusement devices within the Livonia Mall Shopping Center located
at the northwest corner of Seven Mile and Middlebelt Roads in the
Southeast 1/4 of Section 2, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and this request is hereby approved and
granted, subject to variances being granted by the Zoning Board
of Appeals and to the following additional conditions
1) That the number of mechanical amusement devices shall not
exceed 30;
2) That the hours of operation may be extended to 10 00 p m
Monday through Saturday during the summer recess of the
public schools, but return to 9 00 p m Monday through
Friday during the rest of the year; and
3) That such arcade shall be properly attended at all times by
qualified personnel who shall be at least 18 years of age
On a motion by Jurcisin, seconded by McGee, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution which would provide that the number of
mechanical amusement devices shall not exceed 30, and to extend
the hours on Monday thru Thursday to 10 00 p m and on Friday and
Saturday to 11 00 p m , and allow for personnel who shall be at
least 18 years of age
A roll call vote was taken on the motion to substitute as follows
AYES
NAYS Jurcisin and McGee
Feenstra, Kavanagh, Brosnan, Toy, and Taylor
The President declared the motion to substitute denied
28853
A roll call vote was then taken on the originally proposed resolution, as
Irsofollows
#384-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 15, 1995, which transmits
its resolution 5-80-95, adopted on May 9, 1995, with regard to a
request to modify conditions of approval in connection with
Petition 94-4-2-11, submitted by Lorraine B Salan, requesting
waiver use approval to operate an arcade with mechanical
amusement devices within the Livonia Mall Shopping Center located
at the northwest corner of Seven Mile and Middlebelt Roads in the
Southeast 1/4 of Section 2, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and this request is hereby approved and
granted, subject to variances being granted by the Zoning Board
of Appeals and to the following additional conditions
1) That the number of mechanical amusement devices shall not
exceed 30;
2) That the hours of operation may be extended to 10 00 p m
Monday through Saturday during the summer recess of the
public schools, but return to 9 00 p m Monday through
Friday during the rest of the year; and
Ile 3) That such arcade shall be properly attended at all times by
qualified personnel who shall be at least 18 years of age
with the following result
AYES Jurcisin, McGee, Kavanagh, Toy, and Taylor
NAYS Feenstra and Brosnan
The President declared the resolution adopted
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
#385-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 12, 1995, which transmits
its resolution 5-76-95, adopted on May 9, 1995, with regard to
Petition 95-4-2-15, submitted by Anusbigian LLC (Mark
Anusbigian) , requesting waiver use approval to construct a fruit
market on property located on the west side of Middlebelt Road
between Five Mile Road and Linda Avenue in the Northeast 1/4 of
Section 23, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 95-4-2-15 is hereby approved and granted, subject to
the following conditions
28854
1) That the Site Plan marked Sheet A-1 dated May 2, 1995, as
IM, revised, prepared by Daniel DeRemer & Associates,
Architects, which is hereby approved shall be adhered
to;
2) That the Landscape Plan marked Sheet A-3 dated May 8, 1995,
as revised, prepared by Daniel DeRemer & Associates,
Architects, which is hereby approved shall be adhered to and
shall be installed prior to the issuance of Certificate of
Occupancy and thereafter permanently maintained in a healthy
condition;
3) That the Building Elevation Plans Sheet A-2 dated April 6,
1995 and Sheet A-4 dated April 21, 1995 prepared by Daniel
DeRemer & Associates, Architects, which are hereby approved
shall be adhered to;
4) That a six (6) foot masonry wall shall be installed between
this property and the residential property to the west and
south;
5) That the parking spaces shall be ten (10) feet in width and
double-striped;
6) That all musical entertainment shall be confined inside the
building; and
7) That the signage as depicted on the approved plans is hereby
approved and shall be adhered to
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#386-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 12, 1995, which transmits
its resolution 5-78-95, adopted on May 9, 1995, with regard to
Petition 95-4-2-18, submitted by William Harb, Jr , requesting
waiver use approval to operate a limited service restaurant
(Coffee Express) in an existing building located on the south
side of Eight Mile Road between Farmington and Gill Roads in the
Northeast 1/4 of Section 4, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 95-4-2-18 is hereby approved and
granted, subject to a limitation on the number of customer seats
of not to exceed 24
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
#387-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 16, 1995, which transmits
its resolution 5-87-95, adopted on May 9, 1995, with regard to
28855
Petition 95-4-8-10 submitted by DiComo Associates on behalf of
Lot Livonia Family "Y" , requesting approval for all plans in
connection with a proposal to construct an addition to the
existing facility located at 14255 Stark Road in the Southeast
1/4 of Section 21, pursuant to the provisions set forth in
Section 18 58 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation of the Planning Commission
and Petition 95-4-8-10 is hereby approved and granted, subject to
the following conditions
1) That the Site Plan, defined as A-1 dated 3/27/95 by DiComo
Associates, Inc , is hereby approved and shall be adhered
to;
2) That the Elevation Plan, defined as A-3 dated 5/5/95 by
DiComo Associates, is hereby approved and shall be adhered
to;
3) That all roof-top mechanical units which can be seen by the
public shall be screened or painted a color to match the
building; and
4) That the existing landscape design will be continued so as
to incorporate the area that is being added
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#388-95 RESOLVED, that having considered a communication from
the Department of Law, dated May 22, 1995, submitted pursuant to
Council Resolution 129-95, transmitting for Council acceptance a
Warranty Deed dated May 10, 1995, executed by Eugene C and
Evelyn M Oliver conveying to the City certain property described
as follows
The South 60 feet of the following described parcel
The West 253 ft of the East 629 ft of the South 173 ft of the
East 1/2 of the S E 1/4 of Section 1, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan (Seven Mile Road right-of-way)
Part of Tax Parcel No 004-99-0070-000
Property address 27570 Seven Mile Road
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Warranty Deed; and the City Clerk
is hereby requested to have the same recorded in the Office of
the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
28856
#389-95 RESOLVED, that having considered a communication from
the City Librarian, dated May 10, 1995, approved by the Finance
Director and approved for submission by the Mayor, the Council
does, for and on behalf of the City of Livonia, accept the
donation of various gifts valued at $18, 915 00 from the Friends
of the Library, as set forth in Library Commission Resolution
8-95
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#390-95 RESOLVED, that having considered a communication from
the Director of Community Resources, dated May 23, 1995, approved
by the Finance Director and approved for submission by the Mayor,
the Council does, for and on behalf of the City of Livonia,
accept a cash donation in the amount of $127 50 from the Learning
Tree Child Center, Inc ; FURTHER, the Council does hereby
appropriate and credit the sum of $127 50 to Account No 702-000-
285-215 for use in the Livonia Youth Assistance Program
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#391-95 RESOLVED, that having considered a communication from
the Mayor, dated May 1, 1995, the Council does hereby approve of
and concur in the reappointment of Robert Alanskas, 36218
Barkley, Livonia, Michigan 48154, to the City Planning Commission
for a term of three years, which term will expire on June 9,
1998, provided that Mr Alanskas takes the Oath of Office as
required in Section 2, Chapter X of the City Charter, to be
administered by the City Clerk
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was
#392-95 RESOLVED, that having considered a communication from
the Mayor, dated May 1, 1995, the Council does hereby approve of
and concur in the reappointment of Robert Lee Morrow, 19421
Laurel, Livonia, Michigan 48152, to the City Planning Commission
for a term of three years, which term will expire on June 9,
1998, provided that Mr Morrow takes the Oath of Office as
required in Section 2, Chapter X of the City Charter, to be
administered by the City Clerk
No one from the audience wished to speak at this time
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
28857
#393-95 RESOLVED, that the Council does hereby refer the matter
L of the "saw cut" on Fairfield Avenue and the deteriorating
condition of same which has resulted in a dip in the road to the
Department of Public Works for a report and recommendation
regarding the cause of this condition and the proposed repair
thereof
Councilmember Jurcisin wished his son, Mike, who just recently
graduated from Churchill High School, best wishes, and also conveyed
congratulations and best wishes to the rest of the graduates and their
parents
Council President Taylor extended a belated "Happy Birthday"
greeting to Councilmember Feenstra, whose birthday was on May 31, 1995
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, this 1,298th Regular Meeting of the Council of the City of Livonia
was adjourned at 9 36 p m , June 5, 1995
L4&,,,
Jo:
McCotter, City Clerk
ilow