HomeMy WebLinkAboutCOUNCIL MINUTES 1995-04-05 28743
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND NINETY-FOURTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On April 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 00 p m Councilmember 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; H G Shane, Assistant City Planner; Raul Galindo, City Engineer;
Cathryn K White, City Attorney; Joan McCotter, City Clerk; Robert R
Bishop, City Treasurer; Elizabeth Todd, Deputy City Treasurer; Michael
Slater, Finance Director; Ronald Reinke, Superintendent of Parks and
Recreation; Suzanne Wisler, Director of Community Resources; Dorothy
Wilshaw, Arts Commission; Brian Duggan, Housing Commission; Michael Duggan,
Wayne County Deputy Chief Executive Officer; and Thaddeus McCotter, Wayne
County Commissioner
On a motion by Toy, seconded by Brosnan, and unanimously adopted,
it was
#196-95 RESOLVED, that the minutes of the 1,293rd Regular
Meeting of the Council of the City of Livonia, held March 22,
1995, are hereby approved as submitted
During the audience communication portion of the meeting, Jerry
Sisco, 20490 Louise, addressed the fact that a waiver use petition
(93-12-2-29 submitted by Richard Bame) has been in the Streets, Roads and
Plats Committee since April of 1994, noted the fact that the property in
question is very unkempt, is the lot behind his home, and questioned why
nothing has happened on this petition as of yet
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Mayor Bennett presented Service Recognition Pins to and
congratulated the following elected officials
Laura M Toy - for 15 years of service;
Joan McCotter - for 15 years of service;
Robert R Bishop - for 25 years of service; and
Gerald Taylor - for 25 years of service
A communication from the Director of Finance, dated March 13,
1995, re forwarding various financial statements of the City of Livonia
for the month ending January 31, 1995, was received and placed on file for
the information of the Council
At the direction of the Chair, Items 15, 20, and 21 were removed
from the Consent portion of the Agenda
On a motion by Toy, seconded by McGee, it was
#197-95 RESOLVED, that having considered a request from
Councilmember Fernon P Feenstra on March 27, 1995, with respect
to the excessive signage on the Garden Party Store located at
110 27405 Grand River (on the southwest corner of Grand River and
Inkster) , the Council does hereby refer this matter to the
Inspection Department for its report and recommendation
#198-95 RESOLVED, that having considered a request from Council
President Gerald D Taylor on March 27, 1995, and a communication
from Geraldine W Joyner, 32814 Indiana, Livonia, Michigan 48150,
dated March 25, 1995, with respect to questions arising from the
passage of Proposal C (term limits) , the Council does hereby
refer this matter to the Department of Law for response in
connection with its consideration of previous questions raised
regarding these issues
#199-95 RESOLVED, that having considered an application dated
March 24, 1995, from Kathleen A Fitzgerald, 9917 Cranston
Avenue, Livonia, Michigan 48150, requesting permission to close
Cranston Avenue between Elmira and Orangelawn Avenue on Monday,
Memorial Day, May 29, 1995, from 12 00 noon to 8 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
#200-95 RESOLVED, that having considered a letter from Mark J
Hibbs, Attorney at Law, on behalf of Pastor Mike Panich of
Cornerstone Church, 36924 Ann Arbor Trail, dated February 24,
1995, requesting to purchase City property located at 9700
Newburgh, ID #126-01-0735-000, Lot 735 of Supervisor's Livonia
Plat #12, the Council does hereby refer this matter to the
Department of Law for its report and recommendation
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#201-95 RESOLVED, that having considered a letter from St
Andrew's Episcopal Church, dated March 18, 1995, which requests
permission to place signs announcing an All-Parish Rummage/Garage
Sale to be conducted on Friday and Saturday, May 5 and May 6,
1995, which signs are double-sided and are 4' x 5' in size and
which will be located on the northeast corner of Hubbard and Five
Mile Road and the northeast corner of Hubbard and Six Mile Road,
and which signs would be removed on May 6, 1995, the Council does
hereby grant and approve this request in the manner and form
herein submitted
#202-95 RESOLVED, that having considered a communication from
the City Clerk, dated March 9, 1995, which indicates that the
proprietor of Camborne Pines Subdivision, located south of Six
Mile Road between Harrison Avenue and Savoie in the Northwest 1/4
of Section 13, has delivered final true plats to the City Clerk
and requested that said plat be presented to Council for final
approval; and the Council having received a communication from
the City Planning Commission, dated February 27, 1995, wherein
said Commission approved the final plat for the said subdivision
in its resolution 2-25-95, adopted on February 14, 1995; and the
Council having considered a report from the City Engineer, dated
February 14, 1995, recommending approval of the final plat of
said subdivision, the preliminary plat of which was approved by
the Council in its resolution 303-94, adopted on April 27, 1994,
said preliminary plat having been recommended for approval by the
16 City Planning Commission on October 26, 1993, in its resolution
10-199-93; NOW, THEREFORE, the Council does hereby determine to
grant its approval to the final plat of Camborne Pines
Subdivision, located in the Northwest 1/4 of Section 13, City of
Livonia, Wayne County, Michigan, as submitted by the proprietor
thereof, which proprietor is also hereby required to do all
things necessary to obtain full compliance with the Subdivision
Control Act of Michigan of 1967, as amended, and the ordinances
of the City of Livonia; and FURTHER, the City Clerk is hereby
requested to do all things necessary or incidental to the full
performance of this resolution
#203-95 RESOLVED, that having considered the report and
recommendation from the Superintendent of Parks and Recreation,
dated March 7, 1995, which bears the signature of the Finance
Director and is approved for submission by the Mayor, and to
which is attached an amendment to the Recreation Bond Fund
Project Agreement previously entered into by the City of Livonia
and the Michigan Department of Natural Resources, dated September
16, 1991, for a change in the scope of the Bicentennial Park
Lighting Project and revising same from four ball diamonds to
three ball diamonds due to safety considerations, the Council
does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia, to execute the amendment (Amendment No
3) to said agreement, and the City Clerk is requested to transmit
two executed copies of the agreement and a certified copy of this
resolution to the State of Michigan Department of Natural
Resources
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#204-95 RESOLVED, that having considered the report and
recommendation from the Superintendent of Parks and Recreation,
dated March 16, 1995, which bears the signature of the Finance
Director and is approved for submission by the Mayor, and which
transmits Parks and Recreation Commission resolution 2301-95,
adopted on February 6, 1995, wherein it is recommended that a
late fee in the amount $10 00 be established for late
registrations submitted for Parks and Recreation programs, the
Council does hereby concur in and approve of such action
#205-95 RESOLVED, that having considered the report and
recommendation from the City Librarian, dated March 20, 1995,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby authorize
the purchase of a new Library automation system for a total price
of $335,408 82 upon delivery utilizing the cooperative bid
obtained by The Library Network as detailed in the aforesaid
communication, said amount to be appropriated and expended from
the Library Unexpended Fund Balance; FURTHER, the Council does
hereby authorize the said item without additional competitive
bidding for the reasons indicated in the aforesaid communication
in accordance with Section 3 04 140D4 of the Livonia Code of
Ordinances, as amended
#206-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 16,
ifth 1995, which bears the signature of the Finance Director and is
approved for submission by the Mayor, the Council does hereby
accept the following low bids which meet specifications for
supplying the Public Service Division (Golf Courses and Parks
Sections) with the fertilizers specified at the unit prices bid
(1) Turfgrass, Inc , P 0 Box 667, South Lyon, Michigan 48178
Material to be Furnished Unit Price Bid
Comp 20-4-10 w/24D $ 498 00 per ton
Comp 20-4-10 w/Trimec $ 584 00 per ton
Comp 18-6-12 $1,400 00 per ton
Comp 18-5-9 $ 445 00 per ton
Comp 17-3-21 $ 576 00 per ton
(2) Benham Chemical Corporation, 24800 N Industrial Drive,
Farmington Hills, Michigan 48335-1557
Material to be Furnished Unit Price Bid
Comp 16-8-12 $1, 512 00 per ton
Comp 24-6-10 $1, 033 20 per ton
Milorganite $ 220 00 per ton
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(3) Terra International, Inc , P 0 Box 36, Frankenmuth,
Michigan 48734
Material to be Furnished Unit Price Bid
Comp 13-0-44 $ 519 00 per ton
FURTHER, in the event the aforesaid low bidders are unable to
furnish the materials, the Council does hereby accept the
following second low bids, which also meet specifications, as
alternates for supplying the Public Service Division (Golf
Courses and Parks Sections) with the fertilizers specified at the
unit prices shown
(1) Turfgrass, Inc , P 0 Box 667, South Lyon, Michigan 48178
Material to be Furnished Unit Price Bid
Comp 16-8-12 $1, 547 00 per ton
Comp 24-6-10 $1,240 00 per ton
(2) Benham Chemical Corporation, 24800 N Industrial Drive,
Farmington Hills, Michigan 48335-1557
Material to be Furnished Unit Price Bid
ifts Comp 20-4-10 w/Trimec $ 592 00 per ton
Comp 18-5-9 $ 474 00 per ton
(3) Turf Chemical Company, P 0 Box 451, Owosso, Michigan 48867
Material to be Furnished Unit Price Bid
Comp 13-0-44 $ 520 00 per ton
Comp 17-3-21 $ 651 00 per ton
(4) Terra International, Inc , P 0 Box 36, Frankenmuth,
Michigan 48734
Material to be Furnished Unit Price Bid
Milorganite $ 236 00 per ton
#207-95 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 21, 1995, which bears the
signature of the Finance Director and is approved for submission
by the Mayor, and which sets forth Water and Sewer Board
resolution WS 3090 3/95, the Council does hereby determine to
accept the low bids of Nankin Sand Company, 39740 Cherry Hill
Road, Canton, Michigan 48187, which meet specifications, for
supplying the Public Service Division (Water Maintenance Section)
with topsoil at the unit bid price of $6 88 per yard delivered
1 and $6 00 per yard for pickup; FURTHER, in the event the lowest
bidder is unable to furnish the material, accept the second low
a'Awa yttK: vaC3Y1410[M4C,;e aaC:#LeoiatUr.11M4S.
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bids of Redford Topsoil Contractors, Inc , 15553 Beech Daly,
Redford, Michigan 48239, which also meet specifications, as an
alternate to supplying the Public Service Division (Water
Maintenance Section) with topsoil at the unit bid price of
$7 35 per yard delivered and $6 00 per yard for pickup
#208-95 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 21, 1995, which bears the
signature of the Finance Director and is approved for submission
by the Mayor, and which sets forth Water and Sewer Board
resolution WS 3091 3/95, the Council does hereby accept the low
quotation of S L C Hydro-Meter Testing & Repair, 3059 Dixie
Highway, Waterford, Michigan 48328, to test, repair and calibrate
large commercial water meters at the unit prices quoted for all
meter sizes requested for the period through December 31, 1995,
for a total sum not to exceed $15, 542 00, plus an additional
$8, 000 00 for the purchase of repair parts; FURTHER, in the event
the aforesaid lowest quote party is unable to perform the said
service, the Council does hereby accept the second low quotation
of Metro Meter Service, Inc , 3210 Jefferson Street, Owensboro,
Kentucky 42303, as an alternate to perform this work at the unit
prices quoted for all meter sizes requested for the period
through December 31, 1995, for a total sum not to exceed
$16, 340 00, plus an additional $8, 000 00 for the purchase of
repair parts; and the Council does hereby authorize the action
herein without competitive bidding in accordance with Section
3 04 140D4 of the Livonia Code of Ordinances, as amended
#209-95 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated March 21, 1995, which bears the
signature of the Finance Director and is approved for submission
by the Mayor, and which transmits its resolution WS 3086 3/95,
the Council does hereby accept the bid of D'Angelo Brothers,
Inc , 24485 Middlebelt, Farmington Hills, Michigan 48336, for
performing water main taps and service connections, 3/4" to 2",
at various locations throughout the City, at the unit prices bid
for the period April 1, 1995 through March 31, 1996, the same
having been the lowest bid received and meets all specifications
#210-95 RESOLVED, that having considered a communication from
the Director of Finance, dated March 20, 1995, approved for
submission by the Mayor, and to which is attached a bid submitted
by John F Mufarreh, 36332 Whitcomb, Livonia, Michigan 48154, in
the amount of $32, 000 00 for the purchase of City-owned property
located on the east side of Newburgh Road south of Ann Arbor
Trail, the Council does hereby reject this bid since it did not
meet the minimum amount set by the bid specifications, and the
Director of Finance is hereby authorized to place this property
for sale at a later date
#211-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 20, 1995, which
transmits its resolution 3-41-95, adopted on March 14, 1995, with
regard to Petition 95-1-2-5, submitted by East Side Mario's
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requesting waiver use approval to add an outdoor patio dining
area to an existing restaurant located on the north side of
Plymouth Road between Merriman Road and Hubbard Avenue in the
Southeast 1/4 of Section 27, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 95-1-2-5 is hereby approved and
granted, subject to the granting of a variance for deficient
parking by the Zoning Board of Appeals and to the following
additional conditions
1 That the Site Plan marked Sheet A-1 dated 1-20-95 prepared
by Roger Sherman Partners, Inc , which is hereby approved,
shall be adhered to;
2 That the maximum number of additional seats to be located in
the patio area is 48;
3 That this approval for additional seats is applicable to the
outdoor patio area only and shall not be construed as to
permit additional seating inside the building;
4 That this approval is contingent upon execution of a lease
agreement between East Side Mario's and the City of Livonia
regarding the use of City-owned property for off-street
parking purposes and such approval shall become null and
5 void upon the termination of such lease agreement; and
That there be no permanent roof or enclosures around the
patio
A report from the Roads Beautification Committee, dated February
21, 1995, re the status of the use of the house by Bob Evans on the south
side of Plymouth Road between Laurel Avenue and Wayne Road and the condi-
tion of the Sunoco Gas Station on the southeast corner of Plymouth Road and
Laurel Avenue was received and placed on file for the information of the
Council (CR 287-90)
A report from the Roads Beautification Committee, dated February
21, 1995, re the status and condition of the Merri-Five Center located on
the northeast corner of Five Mile and Merriman Roads was received and
placed on file for the information of the Council (CR 228-90)
#212-95 WHEREAS, the Senate is considering whether or not to
adopt Senate Bill 298, the Fiscal Year 1996 General Government
bill recommended by the Governor;
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WHEREAS, this bill, if adopted, would withhold approximately $81
million in revenue sharing from local communities;
WHEREAS, by letter dated March 27, 1995, the Mayor of the City of
Livonia has notified Senator R Robert Geake, Representative Lyn
Bankes, Representative Gerald Law and Governor Engler that the
City strongly opposes Senate Bill 298;
WHEREAS, the City of Livonia has been diligent in cutting its
costs for services provided to the public and has continued to
provide additional services including those mandated by state and
federal regulations, while the state has sought lower direct aid
from the federal government, reduced funds required to be shared
with local governments and (at the same time) building surpluses
with respect to the state budget;
NOW, THEREFORE, BE IT RESOLVED that the Council does hereby take
this means to join with the Mayor in expressing its opposition to
this proposed additional cut in revenue sharing and in urging a
"NO" vote on Senate Bill 298
#213-95 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, May 15, 1995, at 8 00
p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item
Petition 95-1-1-1 submitted by William L Roskelly for a
change of zoning of property located on the west side of
Stark Road between Pinetree Avenue and Edward Hines Drive in
the Northwest 1/4 of Section 33, from PL to R-1, the City
Planning Commission in its resolution 3-40-95 having
recommended to the City Council that Petition 95-1-1-1 be
denied;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendment to the Zoning Ordinance, and/or
(b) location of the proposed change of zoning as set forth above,
first to be published in the official newspaper of the City or a
newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by certified mail to
each public utility company and to each railroad company owning
or operating any public utility or railroad within the districts
or zones affected; and FURTHER, the City Clerk is requested to do
all other things necessary or incidental to the full performance
of this resolution
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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 Feenstra, seconded by McGee, and unanimously
adopted, it was
#214-95 RESOLVED, that having considered the report and
recommendation of the Mayor, dated March 21, 1995, the Council
does hereby approve the lease to Liberty One Corp of property at
31602 Plymouth Road described as
The North 165 feet of the South 375 feet of the West 50 feet
of the East 705 feet of the S E 1/4 of Section 27, T 1 S ,
R 9 E , City of Livonia, Wayne County, Michigan (Parcel
Number 108-99-0050-000)
for the sum of $1, 800 00 per year or $150 00 per month; the
action herein is being taken in order to serve the interests of
the community; and the Mayor and City Clerk are hereby authorized
for and on behalf of the City of Livonia to execute the lease and
such other documents as may be necessary or incidental to fulfill
the purpose of this resolution; and the Department of Law is
hereby requested to prepare and place in proper form such legal
documents as may be necessary to consummate this transaction
A report from the Office of the City Clerk, dated March 31, 1995,
re the cost of holding the Wayne County Special Election scheduled for
May 23, 1995, and who will be reimbursing the City for same was received
and placed on file for the information of the Council
A verbal presentation from the Mayor re the subject matter of
whether the City of Livonia should opt-out of the newly created Wayne
County Transit Authority and the one-third mill tax levy scheduled for a
Special Election on May 23, 1995, was received and placed on file for the
information of the Council
A communication from the Director of Community Resources, dated
March 30, 1995, re a summary of SMART transportation services was
received and placed on file for the information of the Council
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On a motion by Kavanagh, seconded by Toy, it was
WHEREAS, pursuant to Act 196, Public Acts of Michigan,
1986, Wayne County, by Resolution 95-121 dated March 9, 1995,
approved the adoption of Articles of Incorporation of an
Authority, for purpose of operating or providing for the
operation of a public transportation system; and
WHEREAS, Articles of Incorporation were subsequently executed
and filed with the Wayne County Clerk on March 10, 1995, creating
the Wayne County Transit Authority; and
WHEREAS, the City of Livonia is a political subdivision or
entity that would be incorporated within the Wayne County Transit
Authority; and
WHEREAS, Section 8 (5) of Public Act 196 of 1986 provides that a
political subdivision or other entity that is part of a public
authority under this Act may withdraw from the public authority
until the expiration of the thirtieth day following the date the
public authority is incorporated without meeting the conditions
listed in subsection (1) or (2) or thirty days from the date the
Authority has scheduled an election for purposes of levying a
tax
WHEREAS, the Livonia City Council at a regularly scheduled
meeting held on Wednesday, April 5, 1995, duly considered the
matter; and
WHEREAS, the City of Livonia, pursuant to Section 8 (5) of Act
196, Public Acts of Michigan, 1986, after consideration of all
factors involved is desirous of withdrawing and releasing the
City from said Wayne County Transit Authority;
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the provisions
of Section 8 (5) of Public Act 196 of 1986, the City of Livonia
does hereby withdraw from the Wayne County Transit Authority; and
the City Clerk is hereby requested to transmit a certified copy
of this resolution to the Wayne County Transit Authority and to
the County Clerk, the Chief Executive Officer and the County
Commission of the County of Wayne with all due dispatch
Kavanagh withdrew his motion regarding the aforementioned resolution
On a motion by Kavanagh, seconded by Toy, it was
RESOLVED, that the Council does hereby refer the
subject matter of whether the City of Livonia should opt-out of
the newly created Wayne County Transit Authority and the
one-third mill tax levy scheduled for a Special Election on May
23, 1995, to the Committee of the Whole for its report and
recommendation
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A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh and Toy
NAYS McGee, Brosnan, Jurcisin, Feenstra, and Taylor
The President declared the resolution denied
On a motion by Feenstra, seconded by Kavanagh, it was
WHEREAS, pursuant to Act 196, Public Acts of Michigan,
1986, Wayne County, by Resolution 95-121 dated March 9, 1995,
approved the adoption of Articles of Incorporation of an
Authority, for purpose of operating or providing for the
operation of a public transportation system; and
WHEREAS, Articles of Incorporation were subsequently executed
and filed with the Wayne County Clerk on March 10, 1995, creating
the Wayne County Transit Authority; and
WHEREAS, the City of Livonia is a political subdivision or
entity that would be incorporated within the Wayne County Transit
Authority; and
iss WHEREAS, Section 8 (5) of Public Act 196 of 1986 provides that a
political subdivision or other entity that is part of a public
authority under this Act may withdraw from the public authority
until the expiration of the thirtieth day following the date the
public authority is incorporated without meeting the conditions
listed in subsection (1) or (2) or thirty days from the date the
Authority has scheduled an election for purposes of levying a
tax
WHEREAS, the Livonia City Council at a regularly scheduled
meeting held on Wednesday, April 5, 1995, duly considered the
matter; and
WHEREAS, the City of Livonia, pursuant to Section B (5) of Act
196, Public Acts of Michigan, 1986, after consideration of all
factors involved is desirous of withdrawing and releasing the
City from said Wayne County Transit Authority;
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the provisions
of Section 8 (5) of Public Act 196 of 1986, the City of Livonia
does hereby withdraw from the Wayne County Transit Authority; and
the City Clerk is hereby requested to transmit a certified copy
of this resolution to the Wayne County Transit Authority and to
the County Clerk, the Chief Executive Officer and the County
Commission of the County of Wayne with all due dispatch
A roll call vote was taken on the foregoing resolution with the following
result
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AYES Kavanagh and Toy
NAYS McGee, Brosnan, Jurcisin, Feenstra, and Taylor
The President declared the resolution denied
On a motion by McGee, seconded by Feenstra, it was
RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
March 20, 1995, submitted pursuant to Council Resolution 69-95,
concerning flooding problems in the area of Botsford Elementary
School, the Council does hereby authorize the Engineering
Department to prepare plans and specifications and thereafter to
arrange for the taking of bids for a storm sewer extension to be
located at 19578 Brentwood to alleviate this problem, the
estimated cost of which is $25, 000 00; and the Council does
herein also determine that such project shall be constructed and
financed by means of 25% of the cost thereof to be paid by the
City, 50% of the cost thereof to be paid by the Clarenceville
School District (such share to be paid over a 2 to 3 year
period) , and 25% of the cost to be raised by special assessments;
FURTHER, the Council does hereby authorize and appropriate the
expenditure of a sum not to exceed $6,250 from the Surplus Drain
Funds available in the Sewer Separation Bond Retirement Fund No
373; and the Engineering Department is hereby authorized to
obtain the easements needed in order to proceed with this
project
On a motion by Feenstra, seconded by McGee, it was
RESOLVED, that the foregoing resolution be amended to
incorporate a split as follows 35% of the cost thereof to be
paid by the City, 35% of the cost to be paid by the Clarenceville
School District (such share to be paid over a 2 to 3 year
period) , and 30% of the cost to be raised by special assessments,
and to extend the special assessment district (to ten homes
rather than two)
Feenstra withdrew his motion on the amendment and McGee concurred
McGee withdrew his motion on the originally proposed resolution and
Feenstra concurred
On a motion by McGee, seconded by Jurcisin, and unanimously
adopted, it was
#215-95 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
March 20, 1995, submitted pursuant to Council Resolution 69-95,
concerning flooding problems in the area of Botsford Elementary
School, the Council does hereby authorize the Engineering
Department to prepare plans and specifications and thereafter
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to arrange for the taking of bids for a storm sewer extension to
be located at 19578 Brentwood to alleviate this problem, the
estimated cost of which is $25, 000 00; and the Council does
herein also determine that such project shall be constructed and
financed by means of one-half the cost thereof to be paid by the
City and one-half the cost thereof to be paid by the
Clarenceville School District (such share to be paid over a 2 to
3 year period) ; FURTHER, the Council does hereby authorize and
appropriate the expenditure of a sum not to exceed $12, 500 from
the Surplus Drain Funds available in the Sewer Separation Bond
Retirement Fund No 373; and the Engineering Department is hereby
authorized to obtain the easements needed in order to proceed
with this project
On a motion by Jurcisin, seconded by Toy, it was
#216-95 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
March 20, 1995, submitted pursuant to Council Resolution 69-95,
concerning flooding problems in the area of Botsford Elementary
School, the Council does hereby refer the matter of flooding
problems on Parklane to the Water, Sewer and Waste Committee 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 McGee, seconded by Toy, and unanimously adopted,
it was
#217-95 RESOLVED, that the Council does hereby refer the matter
of establishing a policy with respect to the proper treatment of
flooding problems and the costs to resolve to the Mayor for his
report and recommendation
Kavanagh gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 94-12-3-11)
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
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Toy gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 150 OF CHAPTER 08
(SPECIAL ASSESSMENTS) OF TITLE 3 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED, BY ADDING A NEW
SUBSECTION B AND RELETTERING THE PRESENT SUBSECTION
B TO C
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
Feenstra gave first reading to the following Ordinance
AN ORDINANCE 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
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
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was
#218-95 RESOLVED, that having considered a letter dated March
21, 1995, from Jack R Penwarden, Attorney at Law, representing
Teh-Yuan Yu, 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 in Laurel Park
Place shopping center on the west side of Newburgh Road between
Six Mile Road and Laurel Park Drive, Livonia, Michigan, 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
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#219-95 RESOLVED, that having considered a communication from
the City Assessor, dated February 21, 1995, approved for
submission by the Mayor, with regard to a request from Mr
Jeffrey Winkler of 37084 Joy, Livonia, Michigan 48150,
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representing Ms Linda Conway of 35500 Ann Arbor Trail, 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
of Tax Item No 46-131-99-0002-000 into two parcels, the legal
descriptions of which shall read as follows
PARCEL 1.
That part of the S W 1/4 of Section 33, described as
beginning at a point on the West line of said section
distant N 01°5010" E 979 29 ft from the S W corner of
Section 33 and proceeding thence N 01°5010" E along said
West line 380 00 ft ; thence S 86°10' 00" E 62 75 ft ;
thence S 01°5010" W 380 00 ft to the center line of Ann
Arbor Trail; thence N 86°10' 00" W along said center line
62 75 ft to the point of beginning City of Livonia, Wayne
County, Michigan
PARCEL 2 .
That part of the S W 1/4 of Section 33, described as
beginning at a point on the West line of said section
distant N 01°5010" E 979 29 ft and S 86°10' 00" E along
the center line of Ann Arbor Trail 62 75 ft from the S W
corner of Section 33; thence proceeding N 01°50' 10" E
380 00 ft ; thence S 86°10' 00" E 62 65 ft ; thence S
01°51' 25" W 380 00 ft to the center line of Ann Arbor
Trail; thence N 86°1000" W along said center line 62 51
ft to the point of beginning City of Livonia, Wayne
County, Michigan
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; provided FURTHER, that the action
herein is made subject to the full dedication of the right-of-way
along Ann Arbor Trail at this location
On a motion by Jurcisin, seconded by McGee, it was
#220-95 RESOLVED, that having considered the report and
recommendation from the Superintendent of Parks and Recreation,
dated March 16, 1995, which bears the signature of the Finance
Director and is approved for submission by the Mayor, and which
transmits Parks and Recreation Commission resolution 2300-95,
adopted on February 6, 1995, wherein it is recommended that a fee
in the amount of $70 00 for five one-half hour lessons or $14 00
per one-half hour for residents and $90 00 for five one-half hour
lessons or $18 00 per one-half hour for non-residents be
established for private swim lessons, the Council does hereby
approve of and concur in such action
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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 Toy, seconded by Feenstra, and unanimously
adopted, it was
#221-95 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated March 20, 1995,
which is approved for submission by the Mayor, with regard to a
proposed renewal of the contract with Accumed Billing, Inc for
ambulance billing and collection services, the Council does
hereby authorize the Mayor and City Clerk to execute an agreement
between Accumed Billing, Inc , P 0 Box 2122, Riverview,
Michigan 48192, and the City of Livonia for the period April 1,
1995 through August 1, 1995, to be based upon Accumed providing
its ambulance billing services for a sum equal to 8% of the
amount collected each month, the said agreement to be made
subject to approval as to form by the Department of Law; FURTHER,
the Council does hereby request that the Director of Finance
prepare specifications for submission to Council in order to
obtain competitive bids with respect to such services to be
provided after August 1, 1995
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#222-95 RESOLVED, that the Council does hereby refer the matter
of unpaid ambulance bills and the feasibility of adding such
charges to residents' tax bills as a lien against their property
to the Department of Law for its report and recommendation
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was
#223-95 RESOLVED, that having considered a communication from
the City Treasurer, dated March 21, 1995, regarding the removal
of debris from the public alley adjoining the southeast corner of
property located at 27500 Grand River in the City of Livonia on
the following parcel in the following amount
Tax Item No 46-001-01-0013-000
Owners of Record Barry/Murray Foreman
Amount Due $1,251 92
28759
which work was done in accordance with the provisions of Section
12 04 400 of the Livonia Code of Ordinances, Title 12, Chapter 4,
and in accordance with the provisions of Section 12 04 340 of the
Livonia Code of Ordinances, Title 12, Chapter 4 and the City
Treasurer having thereafter sent a statement of charges by first
class mail to the owners of property to be assessed wherein
notice of the meeting by the City Council on this date was given
and at least 30 days having expired since the giving of such
notice with such charges remaining unpaid, the Council does
hereby, pursuant to the provisions of Section 3 08 150 of the
Livonia Code of Ordinances, Title 3, Chapter 8, adopt this
resolution wherein a special assessment is placed upon such
property for said charges; FURTHER, the Council does hereby
request that the City Treasurer shall give notice of the amount
herein determined to the persons chargeable therewith, such
notice to be sent by first class mail to the last known address
of such persons as shown on the most current assessment roll of
the City, and where payment herein authorized is not made within
the specified time this fact shall be reported by the City
Treasurer to the City Assessor who shall charge such amount
together with a penalty of 10% of such amount against the persons
or real property chargeable therewith on the next general tax
roll; and the City Clerk and City Treasurer are hereby requested
to do all things necessary or incidental to the full performance
of this resolution
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was
#224-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 1, 1995, which sets
forth its resolution 1-12-95 adopted on January 31, 1995, with
regard to Petition 95-1-1-2, submitted by Leo Soave for a change
of zoning of 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, and the Council having conducted a public
hearing with regard to this matter on March 20, 1995, pursuant to
Council Resolution 94-95, the Council does hereby approve
Petition 95-1-1-2 as modified so as to rezone this property to
R-1B for preparation of the ordinance for submission to Council;
and the City Planner is hereby instructed to cause the necessary
map for publication to be prepared indicating the zoning change
herein approved and to furnish the same to the Department of Law
and, upon receipt of such map, the Department of Law is requested
to prepare an ordinance amending Ordinance 543, as amended, in
accordance with this resolution
On a motion by Feenstra, seconded by McGee, and unanimously
'Wm adopted, it was
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#225-95 RESOLVED, that the Council does hereby refer the
subject of appropriate signage prohibiting vehicles from passing
on the shoulder in the area of Ann Arbor Trail between Stark and
Farmington Roads to the Traffic Commission for its report and
recommendation
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#226-95 RESOLVED, that the Council does hereby discharge the
Streets, Roads and Plats Committee from further consideration of
Council Resolution 92-93 relating to the disposition of property
located on the northeast corner of Eckles and Schoolcraft and
that the matter of this item be taken up by the Council at this
time
On a motion by McGee, seconded by Jurcisin, and unanimously
adopted, it was
#227-95 RESOLVED, that the Council does hereby determine to
receive and place on file for the information of the Council the
report submitted by the Department of Law on January 9, 1995,
with regard to the request of Mayflower Development for a refund
lir for the cost of an appraisal for property located on the
northeast corner of Eckles and Schoolcraft
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
#228-95 RESOLVED, that having received a communication from W
Peters, President of Motor City Ford Truck Inc , 39300
Schoolcraft Road, Livonia, Michigan 48150, regarding the proposed
purchase of City-owned property located on the northeast corner
of Eckles and Schoolcraft, the Council does hereby refer this
matter to the Department of Law for its report and
recommendation
On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was
#229-95 RESOLVED, that having considered a communication dated
March 27, 1995, from the Department of Law transmitting for
Council acceptance two Grants of Easement, more particularly
described as
(1) Grant of Easement dated March 3, 1995, executed by Gidon
Zaft of Meadowridge Glens Associate, a Michigan partnership,
to the City of Livonia, for
Sanitary Sewer Easement (Part of the S E 1/4 of Section
1)
28761
The centerline of a 20 foot wide easement for a sanitary
L sewer being more particularly described as follows
Beginning at a point due East 840 39 feet and due North
60 00 feet from the South 1/4 corner of Section 1, T 1 S ,
R 9 E , City of Livonia, Wayne County, Michigan Thence N
33°11' 35" W , 89 62 feet; thence N 00°21'47" W , 514 19
feet to the point of ending (Sidwell No 004-99-0052-001)
- AND -
(2) Grant of Easement dated March 3, 1995, executed by Gidon
Zaft of Meadowridge Glens Associate, a Michigan partnership,
to the City of Livonia, for
Water Main Easement (Part of the S E 1/4 of Section 1)
The centerline of a 12 foot wide easement for a water main
being more particularly described as follows
Beginning at a point due East 826 18 feet and North
00°2147" W , 60 00 feet from the South 1/4 corner of
Section 1, T 1 S , R 9 E , City of Livonia, Wayne County,
Michigan Thence N 00°21'47" W 523 34 feet to the point
of ending (Sidwell No 004-99-0052-001)
ILli the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Grants of Easement 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
No one from the audience wished to speak at the end of the
meeting
Councilmember Toy wished City Planner John Nagy a speedy
recovery; he recently came home from the hospital She also wished her
brother Bruce a happy birthday
Councilmember Kavanagh extended birthday wishes to his wife,
Mary, whose birthday is Saturday
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, this 1,294th Regular Meeting of the Council of the City of Livonia
imo was adjourned at 10 00 p m , April 5, 1995
AV
leg1I -MIe' i .'
J.,n McCotter, City Clerk
IF