HomeMy WebLinkAboutCOUNCIL MINUTES 1995-04-19 28763
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND NINETY-FIFTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On April 19, 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 01 p m Councilmember Kavanagh delivered the
invocation
Roll was called with the following result Sean P Kavanagh,
Maureen Miller Brosnan, Laura M Toy, Fernon P Feenstra, Michael P McGee,
and Gerald Taylor Absent Dale A Jurcisin (out of town)
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; and James Inglis, Director of Housing
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was
#230-95 RESOLVED, that the minutes of the 1,294th Regular
Meeting of the Council of the City of Livonia, held April 5,
1995, are hereby approved as submitted
Councilmember Toy asked for a moment of silence for Edith
Furcsik, who recently passed away She was a member of the Goodfellows
D A V and an active member of many organizations in the community
Council President Taylor announced the presence of Boy Scout
Troop 897 from Cleveland School and recognized Scout Master Ralph Condon in
the audience
On a motion by Kavanagh, seconded by Feenstra, and unanimously
adopted, it was
#231-95 RESOLVED, that having considered a communication from
Brian Smith, 30626 Puritan, Livonia, Michigan 48154, dated April
7, 1995, and before determining to install sidewalks along
Merriman Road between Five and Six Mile Roads, the cost of which
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is to be defrayed by special assessment or single lot assessment,
the City Engineer is hereby requested to ascertain the assessed
valuation of all property affected by the proposed improvement,
the number of parcels which show tax delinquencies, the number of
parcels owned by public authorities, the number of parcels which
are now vacant, and to prepare and cause to be prepared plans and
specifications therefor and an estimate for the cost thereof, and
to file the same with the City Clerk, together with his
recommendation as to what proportion of the cost should be paid
by special assessment or single lot assessment and what part, if
any, should be a general obligation of the City, the number of
installments in which assessments may be paid and the lands which
should be in- cluded in the proposed special assessment district
or the lots or parcels of land or lands which would be subject to
single lot assessment, pursuant to Section 3 08 060 and/or
Section 3 08 150 (Single Lot Assessment) of the Livonia Code of
Ordinances, as amended
An announcement was made indicating that the Beverly Park
Playground project is celebrating its one-year anniversary the weekend of
May 6 and 7 with a working picnic (planting flowers and maintenance) The
activities will begin at 10 00 a m on Saturday, May 6 and 12 00 p m on
Sunday, May 7, 1995
No one from the audience wished to speak at this time
A communication from the Department of Finance, dated March 17,
1995, re forwarding various financial statements of the City of Livonia
for the month ending February 28, 1995, was received and placed on file for
the information of the Council
At the direction of the Chair, Item 8 was removed from the
Consent portion of the Agenda
On a motion by McGee, seconded by Feenstra, it was
#232-95 RESOLVED, that having considered an application from
Rennee Colette Hochstadt, 18904 Brentwood, dated March 28, 1995,
requesting permission to close Brentwood between Clarita and
Pickford on Sunday, June 4, 1995 from 2 00 p m to 7 00 p m for
the purpose of conducting a block party, the Council does hereby
grant permission as requested, including therein permission to
conduct the said affair on Sunday, June 11, 1995 in the event of
inclement weather, the action taken herein being made subject to
the approval of the Police Department
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#233-95 RESOLVED, that having considered an application from
Liz Ferries, 32901 Bennett Court, dated March 30, 1995,
requesting permission to close Southgate between Bell Creek Lane
and Loveland on Saturday, June 3, 1995 from 11 00 a m to 8 00
p m for the purpose of conducting a block party, the Council
does hereby grant permission as requested, including therein
permission to conduct the said affair on Sunday, June 4, 1995 in
the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department
#234-95 RESOLVED, that having considered a petition from
several homeowners on Savoie Road and Grove Avenue, dated March
22, 1995, requesting the paving of Savoie and Grove, south of Six
Mile Road, and before determining to pave such streets, the cost
of which is to be defrayed by special assessment, the City
Engineer is hereby requested to ascertain the assessed valuation
of all property affected by the proposed improvement, the number
of parcels which show tax delinquencies, the number of parcels
which are now vacant, and to prepare and cause to be prepared
plans and specifications therefor and an estimate of the cost
thereof, and to file the same with the City Clerk together with
his recommendation as to what proportion of the cost should be
paid by special assessment and what part, if any, should be a
general obligation of the City, the number of installments in
which assessments may be paid and the lands which should be
included in the proposed special assessment district, pursuant to
the provisions of Section 3 08 060 of the Livonia Code of
Ordinances, as amended
#235-95 RESOLVED, that having considered a communication from
Cyndi Rosiek, 11692 Alois, dated March 28, 1995, to which is
attached a petition from residents on Alois Street, requesting
the paving of Alois Street, located south of Plymouth between
Newburgh and Eckles, and before determining to pave such street,
the cost of which is to be defrayed by special assessment, the
City Engineer is hereby requested to ascertain the assessed
valuation of all property affected by the proposed improvement,
the number of parcels which show tax delinquencies, the number of
parcels which are now vacant, and to prepare and cause to be
prepared plans and specifications therefor and an estimate of the
cost thereof, and to file the same with the City Clerk together
with his recommendation as to what proportion of the cost should
be paid by special assessment and what part, if any, should be a
general obligation of the City, the number of installments in
which assessments may be paid and the lands which should be
included in the proposed special assessment district, pursuant to
the provisions of Section 3 08 060 of the Livonia Code of
Ordinances, as amended
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#236-95 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of
Inspection, dated March 21, 1995, which bears the signature of
the Finance Director and is approved for submission by the Mayor,
the Council does hereby accept the unit bid price of Jet' s Lawn
Service, Inc , 36757 Amrhein, Livonia, Michigan 48150, for the
1995 Weed Cutting Program for the estimated total cost of
$15, 000 00, based upon the Inspection 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 and only bid received for this item and meets
all specifications; and the Council does hereby authorize an
advance in the contract amount from the Municipal Refuse Fund
Account for the purpose of making payments to the contractor as
he completes the work, with the provision that the Municipal
Refuse Fund Account be reimbursed as bills for weed cutting are
collected; and the Director of Inspection is hereby authorized to
approve minor adjustments in the work as it becomes necessary;
and the Mayor and the 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
#237-95 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated March 17, 1995,
approved for submission by the Mayor and the Finance Director,
the Council does hereby accept the bid of NRG Window Company,
22520 Ecorse Road, Taylor, Michigan 48180, for supplying new
windows for the Silver Village Housing Facility for the sum of
$68, 416 00, the same having been in fact the lowest bid received
which meets all specifications; and the bid of Mazzara
Construction for new windows is hereby rejected for the reason
indicated in the attachment; FURTHER, the Council does hereby
accept the bid of Mazzara Construction, 32950 Five Mile Road,
Livonia, Michigan 48154, for removal of old windows and
installation of new windows at the Silver Village Housing
Facility for the sum of $27,200 00, the same having been in fact
the lowest bid received and meets all specifications; FURTHER,
the Council does hereby authorize retaining the services of
DiComo Associates, Inc , 15875 Middlebelt Road, Livonia, Michigan
48154, to assist in the design, evaluation, bidding and
installation process for this project for the sum of $6, 925 00;
FURTHER, the Council does hereby authorize the expenditure of a
sum not to exceed $102, 541 00 from the 1994-95 CDBG program for
these purposes; and the Mayor and City Clerk are hereby
authorized to execute contracts for and on behalf of the City of
Livonia with the aforesaid companies and to do all other things
necessary or incidental to the full performance of this
resolution
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#238-95 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated March 31, 1995,
approved for submission by the Mayor and to which is attached a
list of adjustments required for the 1995 budget, the Council
does hereby authorize the said budget adjustments and transfers
in the manner and form set forth in the attachment
#239-95 RESOLVED, that having considered the reports and
recommendations of the Director of Public Works, dated March 31,
1995 and April 13, 1995, which bear the signature of the Director
of Finance and are approved for submission by the Mayor, the
Council does hereby accept the following low bids which meet
specifications, for supplying the Public Service Division (Road
Maintenance Section) with bituminous materials specified at the
unit prices bid through April 15, 1996
1) Nagle Paving Company, 30630 W 12 Mile Road, Farmington
Hills, Michigan 48334 - 12 WM Asphaltic Concrete - $24 50
per ton;
2) Nagle Paving Company, 30630 W 12 Mile Road, Farmington
Hills, Michigan 48334 - 1100 Asphaltic Concrete - $20 25 per
ton;
3) Nagle Paving Company, 30630 W 12 Mile Road, Farmington
Hills, Michigan 48334 - Cold Patch Asphaltic Material (Pave
192) , delivered - $32 00 per ton; and
4) Asphalt Products Corporation, 27575 Wixom Road, Novi,
Michigan 48374 - Cold Patch Material (U P M ) , delivered -
$50 50 per ton,
FURTHER, the Council does hereby determine the aforesaid bid of
Nagle Paving Company for Cold Patch Asphaltic Material (Pave 192)
to be a better bid than the bid submitted by Barrett Paving
Materials, Inc for the reasons indicated in the aforesaid
communication dated April 13, 1995, and the action taken herein
being made in accordance with Section 3 04 140E of the Livonia
Code of Ordinances, as amended; FURTHER, in the event the 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 (Road Maintenance Section) with bituminous materials
specified at the unit prices bid through April 15, 1996
1) Angelo' s Asphalt Materials, 19300 W Eight Mile Road,
Southfield, Michigan 48075 - 12WM Asphaltic Concrete -
$21 50 per ton;
2) Asphalt Products Corporation, 27575 Wixom Road, Novi,
Michigan 48374 - 1100 Asphaltic Concrete - $17 75 per ton;
3) Barrett Paving Materials, Inc , 5800 Cherry Hill, Ypsilanti,
Michigan 48197 - Cold Patch Asphaltic Material (Pave 192) ,
delivered - $31 50 per ton; and
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4) Barrett Paving Materials, Inc , 5800 Cherry Hill, Ypsilanti,
Michigan 48197 - Cold Patch Material (U P M ) , delivered -
$54 50 per ton
#240-95 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, May 31, 1995, at
8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item
Petition 95-2-1-4, submitted by Thomas Racklyeft
representing McDonald' s Corporation for a change of zoning
of property located on the south side of Five Mile Road
between Newburgh Road and Blue Skies Avenue in the Northeast
1/4 of Section 19, from C-1 to C-2, the City Planning
Commission in its resolution 3-46-95 having recommended to
the City Council that Petition 95-2-1-4 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
A roll call vote was taken on the foregoing resolutions with the following
result
AYES Kavanagh, Brosnan, Toy, Feenstra, McGee, and Taylor
NAYS None
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#241-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 28,
1995, which bears the signature of the Finance Director and is
approved for submission by the Mayor, the Council does hereby
accept the unit bid price of Tom' s Landscape Nursery, 4210
Rochester Road, Troy, Michigan 48098, for completing all work
28769
required in connection with the City' s 1995 Street Tree Planting
Program for the estimated total cost of $19, 990 00, based upon
the Public Service Division' s estimate of units involved, and
subject to 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, in the event the aforesaid low bidder is
unable to complete the work, the Council does hereby accept the
second low bid of Margolis Nursery, Inc , 9600 Cherry Hill Road,
Ypsilanti, Michigan 48198, which also meets specifications, as an
alternate for completing all work required in connection with
this program for the estimated total cost of $19, 995 00, and the
third lowest bid of Great Lakes Excavating and Landscaping, Inc ,
28075 Hickory Drive, Farmington Hills, Michigan 48331, which also
meets specifications, as an alternate for completing all work
required in connection with this program for the estimated total
cost of $19, 996 24; and the Director of Public Works 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 (s) and to do all other things necessary or
incidental to the full performance of this resolution
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#242-95 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 4, 1995,
submitted pursuant to Council Resolution 643-94 in connection
with the subject of the procedure for approval of block party
requests, the Council does hereby determine to take no further
action
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#243-95 RESOLVED, that the report and recommendation of the
Chief of Police, dated March 31, 1995, regarding the subject
matter of secondhand merchandise dealers (in relation to compact
discs) and submitted pursuant to Council Resolution 825-94, be
received and placed on file for the information of the Council
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#244-95 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 4, 1995,
submitted pursuant to Council Resolution 826-94 in connection
with the subject matter of secondhand merchandise dealers, the
Council does hereby determine to take no further action
28770
On a motion by Feenstra, seconded by McGee, it was
#245-95 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 4, 1995,
submitted pursuant to Council Resolution 888-94 with respect to
the possible enhancement of fees for second requests for lot
splits regarding the same land and the same owner, the Council
does hereby determine to take no further action
A roll call vote was taken on the foregoing resolution with the following
result
AYES Brosnan, Feenstra, McGee, and Taylor
NAYS Kavanagh and Toy
The President declared the resolution adopted
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#246-95 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 4, 1995,
submitted pursuant to Council Resolution 68-95 with regard to
State legislation adding ferrets to the list of government-
approved pets and the possible amendment of appropriate City
ordinances, the Council does hereby refer the matter of the
possible licensure, leashing and inoculation of ferrets, similar
to that of cats and dogs, to the Department of Law for its report
and recommendation
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#247-95 RESOLVED, that the report of the Acting Chief of
Police, dated February 21, 1995, submitted pursuant to Council
Resolution 86-95 pertaining to problems involving bows and
arrows, be received and placed on file for the information of the
Council
On a motion by Feenstra, seconded by McGee, it was
#248-95 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 4, 1995,
submitted pursuant to Council Resolution 85-95 with respect to
the matter of the proposed addition of Chapter 91 (Blowguns and
Bows and Arrows) to Title 9 of the Livonia Code of Ordinances,
the Council does hereby refer this matter to the Department of
Law to prepare an ordinance amendment to Title 9 of the Livonia
Code of Ordinances to incorporate only the provisions of State
law regarding this subject for submission to Council
28771
A roll call vote was taken on the foregoing resolution with the following
result
AYES Brosnan, Toy, Feenstra, McGee, and Taylor
NAYS Kavanagh
The President declared the resolution adopted
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#249-95 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated April 4, 1995,
submitted pursuant to Council Resolution 85-95 with respect to
the matter of the proposed addition of Chapter 91 (Blowguns and
Bows and Arrows) to Title 9 of the Livonia Code of Ordinances,
the Council does hereby refer the subject of a possible archery
range for public use to the Department of Parks and Recreation
for its report and recommendation
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#250-95 RESOLVED, that having received a communication from
Councilmember Dale A Jurcisin concerning AGENDA LIVONIA 1995
and numerous goals for the City set forth therein, the Council
does hereby refer this matter to the Committee of the Whole for
its report and recommendation
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#251-95 RESOLVED, that the Council does hereby acknowledge that
proper notice was given to members of boards of other taxing
units and that an opportunity was duly provided for such tax
entities to be heard with regard to any comments they may have
concerning the proposed Development Plan and Tax Increment
Financing Plan (Plymouth Road Development Authority) at a public
meeting held by the City Council on April 10, 1995 at 8 00 p m
and that no such persons appeared on this date to comment or
present their views regarding this subject
McGee gave first reading to the following Ordinance
AN ORDINANCE ADDING CHAPTER 18 (PLYMOUTH ROAD
DEVELOPMENT AUTHORITY DEVELOPMENT PLAN AND TAX
tam
INCREMENT FINANCING PLAN) TO TITLE 3 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
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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 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 95-1-1-2)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
Kavanagh took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 94-12-3-11)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Kavanagh, Brosnan, Toy, Feenstra, McGee, and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Toy took from the table, for second reading and adoption, the
following Ordinance, as revised
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
tar B TO C
28773
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Kavanagh, Brosnan, Toy, Feenstra, McGee, and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Kavanagh, seconded by Feenstra, and unanimously
adopted, it was
#252-95 RESOLVED, that having considered a letter dated
February 28, 1995, from John B Carlin, Jr , Attorney at Law,
representing Lone Star Steakhouse & Saloon of Michigan, Inc ,
requesting approval of an application for a new full-year,
on-premise Michigan Liquor Control Commission Class C liquor
license for a proposed new restaurant to be located on the west
side of Victor Parkway between Seven Mile and Eight Mile Roads in
the Southeast 1/4 of Section 6, 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
ILP
Others; " and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
Item #19, the request from Valassis Communications, Inc for
transfer of employment for tax abatement purposes, was removed from the
Agenda at the direction of the Chair and is to be placed on the Regular
Meeting of May 3, 1995
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#253-95 RESOLVED, that the report from the City Assessor, dated
April 19, 1995, concerning the amount of taxes paid by Valassis
Communications, Inc beginning 1987 in relationship to a request
for transfer of employment for tax abatement purposes, was
received and placed on file for the information of the Council
Kavanagh left the podium at 8 48 p m in order to avoid a perceived
impropriety regarding the next Agenda item
On a motion by Feenstra, seconded by McGee, it was
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#254-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 30, 1995, which
transmits its resolution 3-56-95 adopted on March 28, 1995, with
regard to Petition 95-3-8-5 submitted by Ka-De Investments,
requesting site plan approval in connection with a proposal to
expand the existing office building located at 33470 Lyndon Road
in the Northeast 1/4 of Section 21, pursuant to the provisions
set forth in Section 18 47 of Ordinance No 543, as amended, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 95-3-8-5 is hereby approved and granted,
subject to the following conditions
1) That the Site Plan, defined as SD-1, dated 3/1/95 by Kurmas
& Associates, Inc is hereby approved and shall be adhered
to;
2) That the Landscape Plan, defined as SD-1, dated 3/20/95 by
Kurmas & 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 be
installed prior to the issuance of a Certificate of
Occupancy permit and thereafter permanently maintained in a
healthy condition;
1L0 4) That the landscaped greenbelt along the west 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,
5) That the Elevation Plan, defined as A-2, dated 3/1/95 by
Kurmas & Associates, Inc , is hereby approved and shall be
adhered to; and
6) That this approval is subject to the petitioner being
granted a variance by the Zoning Board of Appeals with
respect to an expansion of a non-conforming building
A roll call vote was taken on the foregoing resolution with the following
result
AYES Brosnan, Toy, Feenstra, McGee, and Taylor
NAYS None
The President declared the resolution adopted
Kavanagh returned to the podium at 8 49 p m
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
28775
#255-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 30, 1995, which
transmits its resolution 3-47-95, adopted on March 28, 1995, with
regard to Petition 95-2-2-9, submitted by Sparky' s Operations,
Inc , requesting waiver use approval to provide foods service in
conjunction with a proposed family entertainment center located
north of Seven Mile Road between Middlebelt and Purlingbrook
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 Petition 95-2-2-9 is hereby
approved and granted, subject to the following conditions
1) That the number of fixed customer seats shall not exceed
208;
2) That the number of video games shall not exceed 60; and
3) That the petitioner has agreed that this approval shall be
limited to this petitioner only, and that the petitioner
shall supply documentation to that effect
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#256-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 30, 1995, which
transmits its resolution 3-49-95, adopted on March 28, 1995, with
regard to Petition 95-2-2-11, submitted by Robert J Spencer,
requesting waiver use approval to operate a Precision Tune Auto
Repair facility to be located on the southeast corner of Five
Mile and Middlebelt Roads in the Northwest 1/4 of Section 24,
which property is zoned C-2, the Council does hereby refer this
item to the Committee of the Whole for its report and
recommendation
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#257-95 RESOLVED, that the Council does hereby refer the matter
of the possible vacating of a certain alley located south of Five
Mile Road between Middlebelt and Cavour in the Northwest 1/4 of
Section 24 (adjoining the proposed Precision Tune Auto Repair
facility) to the City Planning Commission for action and
recommendation in accordance with provisions of law and City
ordinance
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
28776
im/ #258-95 RESOLVED, that the Council does hereby refer the matter
of the poor maintenance of the building next to Szechuan Empire
restaurant at the corner of Five Mile and Cavour to the
Inspection Department for a report and recommendation
On a motion by McGee, seconded by Brosnan, it was
#259-95 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No 375, more particularly described in Council Resolution
121-95, adopted on February 22, 1995, as required by the
provisions of the City Charter and Title 3, Chapter 8 of the
Livonia Code of Ordinances, as amended, the City Council has duly
met and reviewed the special assessments levied in the special
assessment roll prepared by the City Assessor to cover the
district in which street lighting is to be installed, such roll
having been prepared on the basis of street lighting being
installed in Hunters Pointe Subdivision in said Special
Assessment District No 375;
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine to install street lighting consisting of 100-watt high
pressure sodium lights on colonial post top poles in Hunters
Pointe Subdivision and that the assessments set forth in said
Special Assessment District No 375 Roll are fair and equitable
and based upon benefits derived in said district, in accordance
with the plans of the City Engineer and resolutions of the City
Council; said Special Assessment Roll No 375 based on
installation of 100-watt high pressure sodium lights on colonial
post top poles in Hunters Pointe Subdivision, located in the
Southeast 1/4 of Section 30, is hereby approved and confirmed in
all respects; pursuant to the provisions of Section 3 08 130 of
the Livonia Code of Ordinances, as amended, the City Clerk shall
endorse the date of confirmation on the Assessment Roll, and the
assessment roll shall then be immediately transmitted to the City
Treasurer who shall take such further action as set forth in
Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended,
and the City Clerk is hereby authorized to execute a Municipal
Street Lighting Agreement for this purpose; and FURTHER, a sum
not to exceed $2,500 00 is hereby authorized from the cash
payments posted by the developer of the Hunters Pointe
Subdivision in order to defray the Detroit Edison contribution-
in-aid costs connected with this street light installation
project
A roll call vote was taken on the foregoing resolution with the following
result
AYES Brosnan, Toy, McGee, and Taylor
thyNAYS Kavanagh and Feenstra
The President declared the resolution adopted
28777
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#260-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 14, 1995, which sets
forth its resolution 1-9-95, adopted on January 31, 1995, with
regard to Petition 94-11-1-24, submitted by the City Planning
Commission on its own motion for a change of zoning of property
located south of Plymouth Road between Farmington and Stark
Roads, in the Northeast 1/4 of Section 33, from RUF to R-lA, and
the Council having conducted a public hearing with regard to this
matter on April 3, 1995, pursuant to Council Resolution 122-95,
the Council does hereby approve Petition 94-11-1-24 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 Toy, seconded by Kavanagh, it was
#261-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 14, 1995, which sets
forth its resolution 1-10-95, adopted on January 31, 1995, with
regard to Petition 94-12-1-26, submitted by Las Brisas
Development Company and Perpich Murninghan Venture, for a change
of zoning of property located on the north side of Five Mile Road
between Garden Avenue and Harrison Avenue in the Southwest 1/4 of
Section 13, from RUF to R-7, and the Council having conducted a
public hearing with regard to this matter on April 3, 1995,
pursuant to Council Resolution 122-95, the Council does hereby
approve Petition 94-12-1-26 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
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh, Brosnan, Toy, McGee, and Taylor
NAYS Feenstra
Im. The President declared the resolution adopted
28778
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#262-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 14, 1995, which sets
forth its resolution 1-11-95, adopted on January 31, 1995, with
regard to Petition 94-12-1-27, submitted by Philip Barth, for a
change of zoning of property located south of Schoolcraft and
west of Farmington Road in the Northeast 1/4 of Section 28, from
M-1 to C-2, and the Council having conducted a public hearing
with regard to this matter on April 3, 1995, pursuant to Council
Resolution 122-95, the Council does hereby approve Petition
94-12-1-27, as modified so as to rezone this property to C-1, 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 Toy, and unanimously
adopted, it was
#263-95 RESOLVED, that having considered a communication from
the Department of Law, dated April 6, 1995, approved by the City
Engineer and the Finance Director and approved for submission by
the Mayor, the Council does hereby authorize the Department of
Law to acquire a 27 foot strip of property, 132 feet in length,
owned by Vincent J Gauci, which land is more particularly
described as follows
The North 60 feet of the following described parcel
The West 2 acres of the East 3 acres of the West 8 acres of
the North 10 acres of the West 1/2 of the West 1/2 of the
NW 1/4 of Section 11, T 1S , R 9E , City of Livonia,
Wayne County, Michigan (Seven Mile Road right-of-way)
Part of Tax Parcel No 042-99-0028-000
subject to the following conditions
1 That the purchase price shall be in the sum of $3, 564 00;
2 That the City of Livonia shall pay for the cost of title
work and any application costs in obtaining a discharge of
mortgage on the property in the sum not to exceed $300 00;
and
3 That the City's portion of the prorated City, County, County
Drain, School and Community College taxes shall be in a sum
not to exceed $136 00
28779
BE IT FURTHER RESOLVED, that a sum not to exceed $4, 000 00 is
hereby authorized to be expended from the $12 Million General
Obligation Road Improvement Bond Issue approved by the electorate
in 1989 for the acquisition of said Seven Mile Road right-of-way;
and the City Clerk is hereby requested to do all things necessary
or incidental to the full performance of this resolution
On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was
#264-95 RESOLVED, that having considered a communication from
the Department of Law, dated April 3, 1995, submitted pursuant to
Council Resolution 19-95, transmitting for Council acceptance a
Warranty Deed dated March 6, 1995, executed by Marvin E and
Patricia Pashukewich, and a Quit Claim Deed dated March 8, 1995,
executed by John W and Dolores J Matkovich, conveying to the
City certain property described as follows
The North 60 feet of the following described parcel
The East 1/2 of the following described parcel
That part of the Southwest 1/4 of Section 33 described as
beginning at the South 1/4 corner of Section 33 and
proceeding thence South 88°30' 52" West along the South line
of said section 294 52 feet; thence North 02°08' 10" West,
932 71 feet to the centerline of Ann Arbor Trail; thence
North 89°27' 00" East along said centerline 296 26 feet to
the North and South 1/4 line of Section 33; thence South
02°02' 05" East along said line 927 85 feet to the point of
beginning except the South part thereof measuring 67 53 feet
on the West line and 67 31 feet on the East line of said
parcel (Ann Arbor Trail right-of-way) Part of Tax Parcel
No 131-99-0055-000
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Warranty Deed and Quit Claim 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 Toy, seconded by Brosnan, and unanimously adopted,
it was
#265-95 RESOLVED, that having considered a communication from
the Department of Law, dated April 4, 1995, submitted pursuant to
Council Resolution 19-95, transmitting for Council acceptance a
Warranty Deed dated March 30, 1995, executed by Kim Stankey,
conveying to the City certain property described as follows
28780
That part of the Southeast 1/4 of Section 33 described as
beginning at a point on the North and South 1/4 line of said
section distant 851 90 feet from the South 1/4 corner of
Section 33 and proceeding thence North along said line 60 02
feet; thence along the centerline of Ann Arbor Trail South
88°29' 55" East, 70 60 feet; thence South 51°38' 15" East,
59 95 feet; thence South 76 52 feet; thence North 51°38' 15"
West, 62 45 feet; thence North 70°04' 05" West, 47 44 feet;
thence North 88°29' 55" West, 24 03 feet to the point of
beginning (Ann Arbor Trail right-of-way) Part of Tax
Parcel No 132-99-0001-000 Property address 34255 Ann
Arbor Trail
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 Toy, seconded by Brosnan, and unanimously adopted,
it was
#266-95 RESOLVED, that having considered a communication from
the Department of Law, dated March 29, 1995, submitted pursuant
to Council Resolution 18-95, transmitting for Council acceptance
a Warranty Deed dated March 9, 1995, executed by Harold E
Pletcher, Jr , conveying to the City certain property described
as follows
The North 17 feet of the following described parcel
Lots 188 and 189 of Dohany Subdivision, as recorded in Liber
64, Page 95, Wayne County Records, said subdivision being a
part of the West 1/2 of the West 1/2 of the Northeast 1/4 of
Section 12, T 1 S , R 9 E , City of Livonia, Wayne County,
Michigan (Seven Mile Road right-of-way) Part of Tax
Parcel No 045-03-0188-000
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; and
FURTHER, that the Mayor and City Clerk are authorized to execute
a Quit Claim Deed conveying the above described property to the
County of Wayne in a form to be approved by the Department of
Law
On a motion by Brosnan, seconded by Toy, and unanimously adopted,
it was
28781
#267-95 RESOLVED, that having considered a communication from
the Director of Community Resources, dated March 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 cash donations in the amount of $900 00 from the
sources indicated in the aforesaid communication; FURTHER, the
Council does hereby appropriate and credit the sum of $900 00 to
Account No 702-000-285-216 for use in the Senior Citizen
Programs
No one from the audience wished to speak at the end of the
meeting
Councilmember Brosnan announced that St Mary Hospital will be
having its first "Women' s Health Day" on Saturday, April 29, 1995 at the
Holiday Inn Registration, which includes a luncheon, is $20 00 and the
phone number for further information about this event is 591-2882
Councilmember Feenstra informed the viewing audience that two (2)
of the new "City Hall in the Mall" kiosks are now in place, one (1) is in
the lobby of the City Hall building and one (1) is located at the Civic
Center Library
On a motion by Brosnan, seconded by Toy, and unanimously adopted,
this 1,295th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 14 p m , April 19, 1995
Lig-2W ./
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Jaan McCotter, City Clerk