HomeMy WebLinkAboutCOUNCIL MINUTES 1995-05-17 28804
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND NINETY-SEVENTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On May 17, 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 Toy delivered the
invocation
Roll was called with the following result Laura M Toy, Dale A
Jurcisin, Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, Maureen
Miller Brosnan, 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; Michael T
Slater, Finance Director; Michael Deller, City Librarian; Suzanne Wisler,
Director of Community Resources; and Captain John McDonald, Police
Department
On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was
#304-95 RESOLVED, that the minutes of the 1,296th Regular
Meeting of the Council of the City of Livonia, held May 3, 1995,
are hereby approved as submitted
A Certificate of Appreciation was presented to Michael Deller,
City Librarian, by Harry Courtright, Director of The Library Network, for
all of his efforts and time spent as a member of the Future Automation Task
Force, which spanned a period of twenty-six months and resulted in the
FATF's selection and procurement of a new Shared System for The Library
Network
No one from the audience wished to speak at this time
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On a motion by McGee, seconded by Feenstra, it was
#305-95 RESOLVED, that having considered a letter from Gus
Samuel Tawil, dated April 17, 1995, requesting to amend Chapter
V, Section 2 of the City Charter to lengthen the term of office
for City Clerk and City Treasurer to four (4) years and to have
term limits apply to the City Clerk and City Treasurer similar to
the Mayor and Council members, the Council does hereby refer this
matter to the Legislative Committee for its report and
recommendation
#306-95 RESOLVED, that having considered a communication from
Charles G Tangora, submitted on behalf of Dominic Silvio,
President of Exhibit Works, Inc , dated May 2, 1995, requesting
to lease a 150' by 285' vacant parcel of land owned by the City
of Livonia located to the west of the Exhibit Works buildings on
Merriman Road, the Council does hereby refer this matter to the
Law Department for negotiation and preparation of an appropriate
lease agreement to be thereafter submitted to the Council for its
consideration
#307-95 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated April 25, 1995, which bears the
signature of the Director of Finance and is approved for
submission by the Mayor, and which transmits its resolution WS
3097 4/95, the Council does hereby accept the bid of Sensus
lio Technologies, Inc , P 0 Box 487, Uniontown, Pennsylvania 15401,
to continue supplying the Public Service Division (Water
Maintenance Section) with compound water meters (with remote
reading device) and fire line meters at the unit prices bid as
set forth in the attachment, the same having been in fact the
lowest and only bid received and meets all specifications;
FURTHER, the Council does hereby authorize such expenditure from
funds already budgeted in the Water and Sewer Fund
#308-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 27,
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 Spartan Distributors, Inc , 487 W Division
Street, Sparta, Michigan 49345, for supplying the Public Service
Division (Equipment Maintenance and Fox Creek Golf Course
Sections) with four (4) 62" recycler liquid cooled gasoline
rotary mowers for a net price of $40, 932 00, based on a total
price of $43, 032 00 less trade-ins of $2,100 00, the same having
been in fact the lowest bid which meets all specifications; and
the bids of Industrial Vehicle Sales, Carefree Lawn Center, Wm
F Sell & Son, Inc and Commercial Lawnmower, Inc are hereby
rejected for the reasons indicated in the attachment; FURTHER,
the Council does hereby authorize such expenditure from funds
already budgeted in Account Nos 101-446-987-000 and
101-685-985-000
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#309-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 27,
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 Spartan Distributors, Inc , 487 W Division
Street, Sparta, Michigan 49345, for supplying the Public Service
Division (Whispering Willows, Idyl Wyld, and Fox Creek Golf
Course Sections) with three (3) 3-reel riding greensmowers for a
net price of $36,272 00, based on a total price of $38,547 00
less trade-ins of $2,275 00, the same having been in fact the
lowest bid received which meets all specifications; and the bids
of W F Miller Co and Commercial Turf Equipment are hereby
rejected for the reasons indicated in the attachment; FURTHER,
the Council does hereby authorize such expenditure from funds
already budgeted in Account Nos 101-681-985-000, 101-683-985-000
and 101-685-985-000
#310-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 27,
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 Commercial Lawnmower, Inc , 34955 Plymouth
Road, Livonia, Michigan 48150, for supplying the Public Service
Division (Equipment Maintenance, Whispering Willows Golf Course,
Idyl Wyld Golf Course and Fox Creek Golf Course Sections) with
five (5) turf vehicles (18 HP) for a net price of $32, 947 50,
based on a total price of $33,447 50 less trade-ins of $500 00;
and the bid of Spartan Distributors, Inc is hereby rejected for
the reasons indicated in the attachment; FURTHER, the Council
does hereby authorize such expenditure from funds already
budgeted in Account Nos 101-446-987-000, 101-681-985-000,
101-683-985-000 and 101-685-985-000
#311-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated May 1,
1995, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
authorize Waste Management of Michigan-Detroit North, 19200 W
Eight Mile Road, Southfield, Michigan 48075, to provide yard
waste composting services at the Woodland Meadows facility at the
tipping rate of $5 05 per cubic yard for the period of April 1,
1995 to March 31, 1996; FURTHER, the Council does hereby
authorize the said item without competitive bidding in accordance
with Section 3 04 140D4 of the Livonia Code of Ordinances, as
amended; FURTHER, the Council does hereby authorize such
expenditure from funds already budgeted in Account No
205-527-818-030; 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 firm and to do all things necessary or
incidental to the full performance of this resolution
#312-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 20, 1995,
approved for submission by the Mayor, the Council does hereby
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authorize the release to ACO Development, Inc , 815 Church
Street, Plymouth, Michigan 48170, the proprietor of Cane Woods
Subdivision, located in the Southwest 1/4 of Section 4, of the
financial assurances previously deposited pursuant to Council
Resolution 788-91 adopted on October 9, 1991, and subsequently
amended by Council Resolutions 769-92 adopted on October 14, 1992
and 161-93, adopted on March 10, 1993, specifically
a) General Improvement Bond ($2, 500 00 cash) ;
b) Sidewalk Bond $29, 000 00 ($3, 000 00 minimum cash) ;
c) Grading and Soil Erosion Bond ($2, 700 00 cash) ; and
d) Entrance Marker/Landscaping $10, 000 00 ($1, 000 00 minimum
cash) ;
and the action herein being taken is for the reasons indicated in
the aforementioned report of the City Engineer that all these
improvements have been satisfactorily installed in accordance
with the rules and regulations and ordinances of the City of
Livonia
#313-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 25, 1995, which
Lio bears the signature of the Finance Director, is approved as to
form by the City Attorney and approved for submission by the
Mayor, and to which is attached a contract between the Michigan
Department of Transportation, the County of Wayne and the City of
Livonia for the reconstruction and widening of Inkster Road
between Six and Seven Mile Roads, the total project cost of which
is estimated at $2,149, 000 00 with the City of Livonia's
participation estimated at $107,450 00, the Council does hereby
authorize the Mayor and City Clerk to execute the said agreement
in the manner and form herein submitted as well as to do all
things necessary or incidental to the full performance of this
resolution; FURTHER, the Council does hereby appropriate and
authorize the expenditure of the sum of $107,450 00 from the
General Obligation Road Improvement Bond Issue for this purpose
#314-95 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of
Inspection, dated May 1, 1995, which bears the signature of the
Finance Director and is approved for submission by the Mayor,
with respect to the inability of Jet' s Lawn Service, Inc to
carry out the 1995 Weed Cutting Program, Contract 95-N,
previously awarded to such company pursuant to Council Resolution
236-95, the Council does hereby determine as follows
1) Jet' s Lawn Service, Inc is hereby authorized to withdraw
its contract subject to retention by the City of the $500 00
bid bond as liquidated damages due to this company' s failure
to enter into a contract with the City as required in the
contract documents; and
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2) The bid bond in the amount of $500 00 is hereby authorized
to be added to the Municipal Refuse Fund Account;
FURTHER, the Council does hereby accept the quotation of
Covington Contracting, Inc , 14871 Farmington Road, Livonia,
Michigan 48154 (which unit bid prices are the same as the unit
bid prices of Jet's Lawn Service, Inc ) , plus $375 00 for the
performance bond, for the 1995 Weed Cutting Program for the
estimated total cost of $15, 375 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; and the Council does hereby
authorize an advance in the contract amount from the Municipal
Refuse 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 City Clerk are hereby authorized to
execute a contract for and on behalf of the City of Livonia with
the aforesaid company and to do all other things necessary or
incidental to the full performance of this resolution; FURTHER,
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
A communication from the Chairman of the Planning Commission,
dated April 25, 1995, re the request of the Council for the City Planning
Commission to hold a public hearing on the question of whether or not to
amend the Livonia Zoning Ordinance with regard to treating neon tubing as
signs was received and placed on file for the information of the Council
(CR 96-95)
#315-95 RESOLVED, that having considered a communication from
the Chairman of the Planning Commission, dated April 25, 1995,
submitted in connection with Council Resolution 96-95, with
regard to provisions of the Livonia Zoning Ordinance which treat
neon tubing as signs, the Council does hereby refer this item to
the Legislative Committee for its report and recommendation
#316-95 RESOLVED, that having considered a communication from
the City Planning Commission dated May 1, 1995, which transmits
its resolution 4-69-95, adopted on April 25, 1995, with regard to
a Sign Permit Application submitted by Randall Signs on behalf of
Target, requesting approval to erect a ground sign on property
located at 20100 Haggerty Road in the Northwest 1/4 of Section 6,
the Council does hereby concur in the recommendation of the
Planning Commission and approve the said Sign Permit Application,
subject to the following condition
28809
That the Sign Package by Randall Signs, received by the
Ile
Planning Commission on March 24, 1995 is hereby approved and
shall be adhered to;
as well as subject to the following additional condition required
by the Zoning Board of Appeals
That the sign shall not exceed 27 square feet in area or
6'4" in height The monument portion of the signage will be
brick to match the existing building The sign is to be
erected at a conforming setback of 10 feet from Haggerty
Road and will be internally illuminated and on a timer
#317-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 1, 1995, which transmits
its resolution 4-62-95, adopted on April 25, 1995, with regard to
Petition 95-2-2-10 submitted by Gary Wright, requesting waiver
use approval to add outdoor patio dining to an existing
restaurant (Olive Garden) located on the east side of Middlebelt
Road between Schoolcraft Road and Buckingham Avenue in the
Southwest 1/4 of Section 24, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 95-2-2-10 is hereby approved and
granted, subject to the following conditions
1) That the modified Site Plan marked Sheet R-1 dated 2-22-95,
prepared by Philip Kemery, Architect, which is hereby
approved shall be adhered to;
2) That the maximum number of customer seats to be located in
the patio area is 40;
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 all trash containers (dumpsters) shall be screened from
public view by means of masonry walls with gates; and
5) That the appropriate road repairs be made to parking lot and
driveways
#318-95 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 12, 1995 at
8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items
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(1) Petition 95-2-6-1, submitted by the City Planning Commission
on its own motion to determine whether to amend Sections
2 10 and 12 03 of the Zoning Ordinance regarding detention
facilities for adults and children, the City Planning
Commission in its resolution 4-64-95 having recommended to
the City Council that Petition 95-2-6-1 be approved; and
(2) Petition 95-3-6-2, submitted by the City Planning Commission
on its own motion to determine whether to amend Sections
15 03 and 14 02 of the Zoning Ordinance so as to permit
general and professional offices in ML districts and to
prohibit OS waiver uses in R-E districts
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
#319-95 WHEREAS, the City of Livonia has received a request
from Garrett Tool & Engineering, Inc , dated April 25, 1995,
which submits an application proposing the establishment of an
industrial development district and rehabilitation district; and
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as
amended, this Council has authority to establish "industrial
development districts and rehabilitation districts" within
the boundaries of the City of Livonia; and
WHEREAS, there is located within the boundaries of the City of
Livonia a parcel of land which is located in the Northwest 1/4 of
Section 29, as more particularly described in Exhibit A attached
to the aforesaid communication which is hereby incorporated by
reference and which is hereinafter referred to as "Proposed City
of Livonia Industrial Development and Rehabilitation District No
58; "
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
1 The City Clerk is directed to give written notice by
Iftw certified mail of this action to all owners of real property
within the boundaries of Proposed City of Livonia Industrial
Development and Rehabilitation District No 58
28811
2 This City Council sets Monday, June 26, 1995 at 7 00 p m as
the date for the holding of a public hearing on the question
of whether this City Council should establish the Industrial
Development and Rehabilitation District described above
3 This City Council directs the City Clerk to provide notice,
as required by law, of the public hearing fixed above, so
that all residents or taxpayers of the City of Livonia shall
be afforded an opportunity to be heard on the question of
establishing the Industrial Development and Rehabilitation
District described above
A roll call vote was taken on the foregoing resolutions with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, and
Taylor
NAYS None
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#320-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 7, 1995,
approved for submission by the Mayor, submitted pursuant to CR
173-95, regarding the installation of sidewalks on both sides of
Merriman Road from Six Mile to Seven Mile Roads, which sidewalk
abuts a road which is maintained by the State of Michigan or
County of Wayne and is proposed to be over one-half mile in
length and would abut more than 10 lots or premises, at the
locations and in the amounts indicated in the attachment to the
aforesaid communication, which work may be required in accordance
with the provisions of Section 12 04 340 of Chapter 4 of Title 12
of the Livonia Code of Ordinances, as amended, and the City
Engineer having ascertained the assessed valuation of all
property affected by the proposed improvement and such report
having indicated the number of parcels which show tax
delinquencies, the number of parcels owned by public authorities,
the number of parcels which are vacant, and having prepared and
caused to be prepared plans and specifications therefor and for
the cost thereof and to file the same with the City Clerk, which
expense for such improvement is chargeable against the owners of
the property listed above by means of single lot assessment
pursuant to Section 3 08 150 of the Livonia Code of Ordinances,
as amended, the Council does hereby set Wednesday, June 28, 1995,
at 8 00 p m as the date and time for a public hearing on the
necessity and proposed single lot assessments for such proposed
lim improvement, which public hearing shall be held before the
Council at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan 48154, pursuant to Section 3 08 150B of the
Livonia Code of Ordinances, as amended, and the City Clerk is
hereby requested to give notice and publication of such notice as
is required by Section 3 08 150B of said Code
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On a motion by Kavanagh, seconded by Toy, and unanimously
adopted, it was
#321-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 26,
1995, submitted pursuant to Council Resolution 71-95 and the
report and recommendation of the City Engineer, dated January 9,
1995, which bears the signature of the Finance Director and is
approved for submission by the Mayor, with respect to paving the
gravel portion of Eckles Road north of Ross Avenue, and a
T-turnaround south of Allen Avenue, and whether the City should
agree to assume jurisdiction of Eckles between Five Mile Road and
I-96, the Council does hereby determine as follows
1) The Engineering Department is hereby authorized to prepare
plans and specifications and go out for bids for the paving
of Eckles Road during the 1995 construction season;
2) The City shall be responsible for all engineering and
contract administration work;
3) The City shall assume 50% of the construction cost of this
project (estimated to be $100, 000 00) ;
4) The City agrees to assume jurisdiction of Eckles Road
Lir
between Five Mile Road and 1-96 after the project is
completed; and
5) An advance in the sum of $200, 000 00 is hereby authorized to
be expended from the Michigan Transportation Fund (Major
Road Account) , with 50% of said amount (estimated to be
$100, 000 00) to be reimbursed to said fund from monies
received from Wayne County
On a motion by Kavanagh, seconded by McGee, and unanimously
adopted, it was
#322-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 26,
1995, submitted pursuant to Council Resolution 71-95 and the
report and recommendation of the City Engineer, dated January 9,
1995, which bears the signature of the Finance Director and is
approved for submission by the Mayor, the Council does hereby
refer the matter of whether the City has the authority to assess
another jurisdiction for improvements made within that
jurisdiction to the Department of Law for its report and
recommendation
On a motion by Kavanagh, seconded by Feenstra, and unanimously
adopted, it was
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#323-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 26,
1995, submitted pursuant to Council Resolution 158-95 and a
communication from the City Planning Commission, dated December
29, 1994, which sets forth its resolution 12-198-94, adopted on
December 13, 1994, with regard to Petition 94-10-1-23, submitted
by Charles G Tangora on behalf of Masoud Shango, for a change of
zoning of property located on the south side of Schoolcraft Road
east of Merriman Road in the Northwest 1/4 of Section 26, from P
to C-3, and the Council having conducted a public hearing with
regard to this matter on March 1, 1995, pursuant to Council
Resolution 29-95, the Council does hereby concur in part in the
recommendation of the Planning Commission and Petition 94-10-1-23
is hereby denied for the following reasons
1) That the proposed change of zoning represents an undesirable
increase in a less restrictive commercial district in the
area; and
2) That the proposed change of zoning is not needed to utilize
the property in the manner proposed;
and the Council does hereby reject the balance of the
recommendation of the Planning Commission with respect to
rezoning the property to the C-2 zoning classification for the
tio following reasons
1) That the proposed change of zoning represents an increase in
a less restrictive zoning district in the area;
2) That the proposed change of zoning is not needed to utilize
the property; and
3) That the proposed change of zoning will provide for more
intensive commercial use of the subject property in an
otherwise industrial area
On a motion by Feenstra, seconded by McGee, it was
#324-95 RESOLVED, that having received a letter from SJK Inc
dated May 7, 1995, with respect to the previous approval of the
request from Nicholas Party Store (stockholder Ahlam Shango)
for a new SDM license to be located at 13820 Merriman Road,
Livonia, Michigan 48154, Wayne County, the Council does hereby
rescind and repeal Council Resolution 678-94
A roll call vote was taken on the foregoing resolution with the following
result
Ifts
AYES Toy, Feenstra, McGee, Kavanagh, Brosnan, and Taylor
NAYS Jurcisin
The President declared the resolution adopted
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On a motion by Feenstra, seconded by McGee, it was
#325-95 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission dated July 25, 1994, and the
report and recommendation of the Chief of Police dated August 17,
1994, approved for submission by the Mayor, and a letter from SJK
Inc (Sami Al-Karawi, President) dated May 7, 1995, regarding a
request from Nicholas Party Store Inc (stockholder Ahlam
Shango) for a new SDM license to be located at 13820 Merriman
Road, Livonia, Michigan 48154, Wayne County, and for transfer of
ownership of a 1987 SDD license with Sunday Sales permit in
escrow from Richard P George and for the transfer of location
from 38675 Ann Arbor Road, Livonia, Michigan 48150, Wayne County,
to a business to be located at 13820 Merriman Road, Livonia,
Michigan 48154, the Council does hereby recommend denial of this
request for the following reasons
1 The applicant/stockholder' s violation history indicates
several violations of Michigan Liquor Control Commission
rules and regulations;
2 It has been brought to the attention of the City that the
funds for the proposed business were obtained through
apparent misrepresentations made on loan documents
indicating that the loan was intended for a Blimpy's
franchise located at Merriman and I-96;
3 It has been brought to the attention of the City that Mr
Shango represented to the Michigan Liquor Control Commission
that the business will be housed in a 19'x48' structure,
whereas plans submitted to the City indicated that the
business will be housed in a 40'x180' structure;
and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control
Commission
A roll call vote was taken on the foregoing resolution with the following
result
AYES Toy, Feenstra, McGee, Brosnan, and Taylor
NAYS Jurcisin and Kavanagh
The President declared the resolution adopted
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was
28815
#326-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 26,
1995, submitted pursuant to Council Resolution 177-95, and a
communication from the City Planning Commission, dated March 2,
1995, which transmits its resolution 2-22-95, adopted on February
14, 1995, as well as a communication from the City Planning
Commission, dated May 2, 1995, which transmits its resolution
4-68-95, adopted on April 25, 1995, with regard to Petition
94-12-2-36, submitted by Archie' s Restaurant, requesting waiver
use approval to expand and increase the seating capacity of an
existing restaurant located on the south side of Plymouth Road
between Milburn and Flamingo Avenues in the Northwest 1/4 of
Section 35, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 94-12-2-36 is hereby approved and granted, subject
to a variance being granted by the Zoning Board of Appeals for
relief of the requirements of Section 18 21 (a) (Addition to a
Non-conforming Building) and subject to the following conditions
1) That the Site Plan Sheet 2 dated 5-15-95, as revised,
prepared by Van Brouck and Associates, Architects, which is
hereby approved shall be adhered to;
2) That the Building Elevation Plan, Sheets 4 and 5 dated
12-20-94, prepared by Van Brouck and Associates, Architects,
k which is hereby approved shall be adhered to;
160 3) That the Landscape Plan dated 3-14-95, by Archie' s
Restaurant, is hereby approved and shall be adhered to;
4) Underground sprinklers are to be provided for all landscaped
and sodded lawn areas, and all planting materials thereafter
shall be permanently maintained in a healthy and green
condition;
5) That the maximum number of customer seats shall not exceed
214;
6) That the off-street parking spaces shall be double-striped;
7) That this resolution does not include approval of any wall
signs or ground signs as shown on the current plans and that
a sign plan shall be submitted to the Planning Commission
for its approval prior to a sign permit being issued; and
8) That this approval is contingent upon acquisition of the
necessary right-of-way by the City for the realignment of
Milburn Avenue with Sears Drive at the intersection of
Plymouth Road from the owners of the properties affected;
FURTHER, the Council does hereby recommend to the Zoning Board of
Appeals that the Board approve the elimination of the east
driveway and landscaping in that area
28816
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#327-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 26,
1995, submitted pursuant to Council Resolution 177-95, the
Council does hereby authorize the Law Department and the
administration to begin negotiations with owners of the
properties located at 30495 Plymouth, 30499 Plymouth, 11390
Milburn and 11400 Milburn with respect to possible purchase of
such properties by the City and to obtain appraisals, if
necessary, for those properties in connection with the possible
realignment of Milburn Avenue with Sears Drive at the
intersection of Plymouth Road
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#328-95 RESOLVED, that having considered the recommendation of
the Committee of the Whole, dated April 26, 1995, submitted
pursuant to Council Resolution 178-95, and a communication from
the City Planning Commission, dated February 27, 1995, which
transmits its resolution 2-24-95, adopted on February 14, 1995,
with regard to Petition 95-1-2-3, submitted by Archie' s
Restaurant, requesting waiver use approval to utilize a Class C
license for an existing restaurant located on the south side of
Plymouth Road east of Milburn Avenue in the Northwest 1/4 of
Section 35, which property is zoned C-2, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 95-1-2-3 is hereby approved and granted; FURTHER,
the Council does hereby waive the 1, 000 foot separation
requirement as set forth in Section 11 03 (h) of Zoning Ordinance
543
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was
#329-95 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated May 10, 1995,
and 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 concur in the recommendation made by the City
tag
Planning Commission and Petition 95-2-2-11 is hereby approved and
granted, subject to a variance being granted by the Zoning Board
of Appeals for a non-conforming building and subject to the
following conditions
28817
1) That the revised Site Plan marked Sheet #1 dated 4-20-95,
Job Number 9502, prepared by Precision Tune, which is hereby
approved, shall be adhered to;
2) That the Landscape Plan marked drawing number 95-120-2 dated
3-22-95, as revised, which is hereby approved, shall be
installed prior to the issuance of a Certificate of
Occupancy and thereafter permanently maintained in a healthy
condition; and
3) That the revised Building Elevation Plans marked Sheets #2
and #3, dated 4-20-95, Job Number 9502, prepared by
Precision Tune, which are hereby approved, shall be adhered
to;
FURTHER RESOLVED, that approval is conditioned upon the
completion of the improvements summarized in the May 3, 1995
letter from Robert J Spencer, Area Franchisor, Precision
Tune, as listed below
1) Remove four lamp posts and concrete bases;
2) Expand irrigation system to include public right-of-way
areas;
3) Repair, straighten, and paint guard rail on east side of
property;
4) Power wash or sand blast all brick areas of building;
5) Clean all aluminum trim areas;
6) Replace missing aluminum siding;
7) Repair and replace gutters and downspouts;
8) Repair all florescent perimeter lighting on building;
9) Remove outside bathroom entrance and brick opening;
10) Scrape and paint all wood trim around windows; and
11) Paint aluminum trim light gray to blend with roof shingles
Jurcisin took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 6 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 93-11-1-17)
(AMENDED PAGE-SEE ROLL CALL VOTE)
28818
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
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, and Taylor
NAYS Brosnan
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Feenstra 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 94-11-1-24)
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 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 94-12-1-26)
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
28819
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)
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 CHAPTER 08 (ELECTRICAL CODE)
OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING CHAPTER 12 (ELECTRICAL LICENSING)
OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
28820
A communication was submitted to the Council by John J Fegan,
Director of Inspection, dated May 17, 1995, pertaining to House Bill 5130
introduced 9/20/91, which contained the following verbiage
House Bill 5130 added an exemption for certain kinds of work on
existing mechanical systems defined in the mechanical and plumbing
codes of the State Construction Code Act (Public Act 230 of 1972) done
by licensed plumbing contractors and by certain classes of mechanical
contractors (and their employees) licensed under the Forbes Mechanical
Contractor Act (Public Act 192 of 1984)
This was supported by the Michigan Chapter of the National Electrical
Contractors Association, Michigan HVA C Contractors and Michigan
Chapter of Sheet Metal and Air-Conditioning Contractors and became law
on June 30, 1992
On August 11, 1992, we received a letter from the Chief of Electrical
Division, Thomas Kriegish, informing us of the new law
On March 6, 1995, we received notice from the State informing us to
amend our electrical ordinance to adopt the most recent edition of the
code to comply with Act 230
The question is about Section 15 12 060 paragraph 4, amending our code
to comply with P A 130 and 230 If we do not adopt, we are not in
compliance
I recommend the entire ordinance should be approved as is, since these
requirements are already State law Our previous ordinance made no
provision for issuing a permit for the electrical work to the mechanical
contractor This new ordinance will make this workable and ensure
that the work is inspected and meets the code
Furthermore, we have tested this law in court and were ordered by the
judge to issue the electrical permit to the mechanical contractor
Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING CHAPTER 04 (BUILDING CODES) OF
TITLE 15 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
28821
Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING CHAPTER 56 (PERMITS AND INSPECTION
FEES) OF TITLE 15 OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, Kavanagh, Brosnan, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by McGee, seconded by Jurcisin, it was
#330-95 RESOLVED, that having considered the report and
recommendation of the Historical Commission and the Director of
Community Resources, dated April 5, 1995, approved by the Finance
Director and approved for submission by the Mayor, to which is
attached a proposed fee structure for various activities at
Greenmead, the Council does hereby approve of the said fee
structure in the manner and form herein submitted
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, Feenstra, McGee, Brosnan, and Taylor
NAYS Toy and Kavanagh
The President declared the resolution adopted
On a motion by Brosnan, seconded by Toy, it was
#331-95 RESOLVED, that having considered the report and
recommendation of the Historical Commission and the Director of
Community Resources, dated April 5, 1995, approved by the Finance
Director and approved for submission by the Mayor, to which is
attached a proposed fee structure for various activities at
Greenmead, the Council does hereby approve of the said fee
structure in the manner and form herein submitted, subject to the
revision of the proposed fee for rental of the church so as to
provide for a fee of $250 00 for residents and $350 00 for
non-residents
28822
A roll call vote was taken on the foregoing resolution with the following
result
AYES Toy, Jurcisin, Kavanagh, and Brosnan
NAYS Feenstra, McGee, and Taylor
The President declared the resolution adopted
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#332-95 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated May 1, 1995, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby authorize the
extension of the current Inmate Housing Agreement between the
City and the Isabella County Sheriff' s Department for an
additional year through July 7, 1996 with the pricing and
conditions to remain as stated in the original agreement dated
July, 1993 authorized in Council Resolution 545-93; FURTHER, the
Council does hereby authorize entering into an agreement with
Clinton County as an alternate provider of inmate housing in the
event that additional space is necessary; FURTHER, the Council
does hereby authorize the action herein without competitive
bidding in accordance with Section 3 04 140D4 of the Livonia Code
of Ordinances and for the reasons indicated in the aforementioned
report and recommendation
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#333-95 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 27,
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 Wm F Sell & Son, Inc , 16555 S Telegraph
Road, Taylor, Michigan 48180, for supplying the Public Service
Division (Park Maintenance Section) with one all-purpose tractor
for a net price of $23, 822 00, based on a total price of
$24, 322 00 less trade-in of $500 00, the same having been in fact
the lowest and only bid received and meets specifications; and
such expenditure is hereby authorized to be made from funds
already budgeted for this purpose in Account No 401-000-987-000
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#334-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 21, 1995,
approved for submission by the Mayor, in connection with the
28823
Seven Mile Road Sidewalk Project, the Council does hereby
authorize the City Engineer to apply for a Right-of-Way
Occupation Permit for the purpose of constructing and installing
sidewalks along Seven Mile Road between Haggerty and Newburgh,
which application shall include a Council Resolution that
a states that the City of Livonia approves this sidewalk
project;
b stipulates that the City will design, construct, operate and
maintain the sidewalk at its expense;
c states that the City agrees to accept jurisdiction of all
existing and future sidewalks in the project area (Seven
Mile Road between Haggerty and Newburgh Roads) at no expense
to Wayne County;
d states that the City shall "indemnify, hold harmless and
defend Wayne County and its officials and employees against
any and all claims, suits and judgments arising out of the
design, construction, operation, maintenance or existence of
the permitted sidewalk " Such responsibility of the City
shall not be construed as a liability for damage caused by
or resulting from the sole negligence of the County, its
agents, or its employees; and
designates and authorizes the City Engineer to sign the
permit on its behalf
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#335-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 21, 1995, with
respect to the Seven Mile Road Sidewalk Project between Haggerty
and Newburgh, the Council does hereby approve of the request of
the owner of the law office located at 39040 Seven Mile Road
(Sidwell No 023-99-0002-000) to construct a sidewalk consisting
of paving bricks at his own expense in front of such office,
after obtaining a permit from the City Engineer's office
On a motion by Feenstra, seconded by McGee, it was
#336-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 27, 1995, which
transmits its resolution 4-57-95, adopted on April 25, 1995, with
regard to Petition 95-3-2-13, submitted by Victor Corporate Park
Land Investment Partnership requesting waiver use approval to
construct a commercial building in excess of 30, 000 square feet
on property located on the west side of Victor Parkway between
Seven Mile and Eight Mile Roads in the Southeast 1/4 of Section
6, which property is zoned C-2, C-4III and PO III, the Council
does hereby concur in the recommendation made by the City
Planning Commission and Petition 95-3-2-13 is hereby approved
28824
and granted, subject to a variance being granted by the Zoning
Board of Appeals for deficient parking space sizes, deficient
number of parking spaces and a deficient building setback, and to
the following additional conditions
1) That the site plan marked SP-9V dated 4-21-95, prepared by
Hodges & Associates, Architects, which is hereby approved
shall be adhered to;
2) That the building elevations sheet A4 0 dated 4-21-95,
prepared by Hodges & Associates, Architects, which except
for the wall signs depicted thereon, is hereby approved and
shall be adhered to;
3) That a fully developed landscape plan, which shall include a
complete underground irrigation system, shall be submitted
to the Planning Commission for approval within 30 days of
the date of this resolution;
4) That this resolution shall not be construed as an approval
for an internal restaurant with more than 30 customer seats;
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 all customer parking spaces shall be double-striped;
7) That the overhead doors shall be closed at all times;
8) That truck deliveries shall be restricted to 9 00 a m or
later; and
9) That all truck traffic will be restricted to enter and exit
only from Seven Mile Road
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 Kavanagh, seconded by Feenstra, and unanimously
adopted, it was
#337-95 RESOLVED, that the Council does hereby refer the matter
of possible additional signage on Eight Mile Road and Victor
Parkway to further control truck traffic and to ensure that such
28825
truck traffic will be restricted to enter and exit only from
Seven Mile Road to the Traffic Commission for its report and
recommendation
On a motion by Feenstra, seconded by Jurcisin, it was
#338-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 3, 1995, which transmits
its resolution 5-70-95, adopted on May 2, 1995, with regard to
the proposed preliminary plat of Caliburn Manor Subdivisions No
2 and 3 to be located south of Seven Mile Road, west of Newburgh
Road in the Northeast 1/4 of Section 7, City of Livonia, Wayne
County, Michigan, and the preliminary plat having been approved
by the City Planning Commission on May 2, 1995, the Council does
hereby approve of the said preliminary plat based upon the same
conditions as those set forth in the aforesaid Planning
Commission action and 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
A roll call vote was taken on the foregoing resolution with the following
result
AYES Toy, Jurcisin, Feenstra, McGee, Brosnan, and Taylor
NAYS Kavanagh
The President declared the resolution adopted
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#339-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 3, 1995, which transmits
its resolution 5-72-95, adopted on May 2, 1995, with regard to
the proposed preliminary plat of Caliburn Estates Subdivisions
No 2 and No 3 to be located south of Seven Mile Road, east of
Newburgh Road in the Northwest 1/4 of Section 8, City of Livonia,
Wayne County, Michigan, and the preliminary plat having been
approved by the City Planning Commission on May 2, 1995, the
Council does hereby approve of the said preliminary plat based
upon the same conditions as those set forth in the aforesaid
Planning Commission action and 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
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
28826
#340-95 RESOLVED, that the Council does hereby refer the matter
of the possible installation of sidewalks on the east side of
Blue Skies between Margareta and Seven Mile (single lot
assessments) to the Engineering Department for its report and
recommendation
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was
#341-95 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated February 7, 1995,
and the report and recommendation of the Chief of Police, dated
May 4, 1995, in connection therewith, the Council does hereby
approve the request from Liberty One Corp (East Side Mario's)
for a new Outdoor Service Permit to be held in conjunction with
its 1994 Class C licensed business with Entertainment Permit
without Dressing Room and Official Permit (Food) , located at
31630 Plymouth Road, Livonia, Michigan, Wayne County; 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 Toy, seconded by Feenstra, and unanimously
adopted, it was
#342-95 RESOLVED, that having considered a communication from
the Department of Law, dated May 3, 1995, transmitting for
Council acceptance a Deed under Act 223, Public Acts of 1909, as
amended, being Deed No 179463, executed on April 24, 1995, by
Rodney A Stokes, Chief, Real Estate Division, Department of
Natural Resources for the State of Michigan, to the City of
Livonia, conveying land in the City of Livonia, described as
follows
CITY OF LIVONIA
SUPERVISOR'S LIVONIA PLAT NO 1
Lots 2 and 3 exc S 165 ft thereof also E 76 24 ft of Lot 4
exc S 165 ft thereof
46-130-01-0002-001
the Council does hereby determine for and in behalf of the City
of Livonia to accept the aforesaid Deed under Act 223, Public
Acts of 1909, as amended, being Deed No 179463, and the City
Clerk is hereby requested to have the same recorded in the Office
of the Wayne County Register of Deeds and to do all other things
necessary or incidental to the full performance of this
resolution
it was
by McGee, seconded by Jurcisin, and unanimously
adopted,
28827
#343-95 RESOLVED, that having considered a communication from
the Department of Law, dated May 4, 1995, submitted pursuant to
Council Resolution 72-95, transmitting for Council acceptance a
Warranty Deed dated April 29, 1995, executed by Woodhaven of
Livonia, conveying to the City certain property described as
follows
The following described premises situated in the City of
Livonia, County of Wayne and State of Michigan, to wit
The South 468 57 feet of the North 1812 64 feet of the
East 15 acres of the West 1/2 of the Southeast 1/4 of
Section 14, T 1S , R 9E , containing 2 70 acres
more or less
subject to easements and restrictions of record, if any, in
exchange for deed dated March 29, 1995, and recorded March
29, 1995 in Liber 27953, Page 945, Wayne County records,
conveying premises situated in the City of Livonia, Wayne
County, Michigan more particularly described as follows
That part of the Southeast 1/4 of Section 14, Town 1
South, Range 9 East, City of Livonia, Wayne County,
Michigan, described as The West 360 00 feet of the
South 1/2 of the South 1/2 of the Northeast 1/4 of the
Southeast 1/4 of Section 14, subject to the restriction
in the use of the above-described property that
vehicular access will not be provided through Hidden
Lane, the private drive abutting the property on the
South
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 file the Deed in City records and the
Finance Director shall retain the proceeds of the check in the
City General Fund Sale of Fixed Asset Fund
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
#344-95 RESOLVED, that having considered a communication dated
April 26, 1995, from the Department of Law, transmitting for
Council acceptance two Grants of Easement, more particularly
described as
(1) Grant of Easement dated April 13, 1995, executed by Jean G
Bradley, survivor of herself and her deceased husband,
Maurice C Bradley, Jr , to the City of Livonia, for
The East 20 feet of the following described parcel
28828
That part of the S W 1/4 of Section 1, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point on the North and South 1/4 line of said
Section distant North 1760 0 feet from the South 1/4 corner
of Section 1 and proceeding thence North along said line
110 0 feet; thence West 330 0 feet; thence South 110 0 feet;
thence East 330 0 feet to the point of beginning, except the
West 30 0 feet thereof (Tax Parcel No 003-99-0022-000)
- AND -
(2) Grant of Easement dated April 13, 1995, executed by Jean G
Bradley, survivor of herself and her deceased husband,
Maurice C Bradley, Jr , to the City of Livonia, for
The North 8 feet of the following described parcel
That part of the S W 1/4 of Section 1, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point on the North and South 1/4 line of said
Section distant North 1760 0 feet from the South 1/4 corner
of Section 1 and proceeding thence North along said line
110 0 feet; thence West 330 0 feet; thence South 110 0 feet;
thence East 330 0 feet to the point of beginning, except the
West 30 0 feet thereof (Tax Parcel No 003-99-0022-000)
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
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
#345-95 RESOLVED, that having considered a communication dated
April 27, 1995, from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly
described as
Grant of Easement dated April 18, 1995, executed by Four
Oaks Management, a Michigan Limited Liability Corporation,
to the City of Livonia, for
Water Main Easement
The centerline of a twenty (20) foot wide easement, said
centerline being more particularly described as follows
That part of the S E 1/4 of Section 31, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, described as
follows
28829
Commencing at the S E corner of said Section 31 and
proceeding thence along the southerly line of said Section
31, S 89°58'40" W , 60 04 feet and N 02°13'20" W , 534 2
feet along the west line of Newburgh Road (120 feet wide) to
the point of beginning of the centerline of a twenty (20)
foot wide easement; thence S 89°58' 30" W , 339 34 feet to
the point of ending of said twenty (20) foot wide easement
(Sidwell No 124-99-0020-005)
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Grant 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
On a motion by McGee, seconded by Toy, and unanimously adopted,
it was
#346-95 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of items that do not appear on the
agenda
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#347-95 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 10, 1995,
submitted pursuant to Council Resolution 161-95 with regard to
the forfeiture of automobiles of persons driving under the
influence of liquor or driving while their drivers license are
suspended or revoked, the Council does hereby determine to take
no further action with respect to the proposed ordinance
amendment (as originally drafted)
Jurcisin gave first reading to 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
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
28830
Feenstra gave first reading to the following Ordinance,
Version A
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 The above Ordinance was placed on the table for
consideration at the next regular meeting
Kavanagh gave first reading to the following Ordinance,
Version C
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 The above Ordinance was placed on the table for
consideration at the next regular meeting
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
#348-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 17, 1995, which transmits
its resolution 5-89-95, adopted on May 16, 1995, with regard to
Petition 95-5-2-21, submitted by the Livonia Jaycees, requesting
waiver use approval to hold a carnival from May 24-29, 1995, in
the parking lot of the shopping center located on the north side
of Plymouth Road between Haller and Middlebelt Roads in the
Southwest 1/4 of Section 25, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 95-5-2-21 is hereby approved and
granted, subject to the following conditions
1) That all truck parking, temporary housing units and all
other related transportation equipment and apparatus
relating to the operation of the carnival shall be
28831
parked or stored to the north or rear of the shopping
center building but no closer to the east property line
than 100 feet; and
2) That there shall be on-site management at all times
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#349-95 RESOLVED, that the Council does hereby discharge
Council Resolution 291-95 from further consideration by the
Committee of the Whole
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#350-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 4, 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 Hard Rock Concrete Inc , 20126 Riverside Drive,
Livonia, Michigan 48152, to complete all work required in
connection with the 1995 Sidewalk Program for the estimated total
cost of $242, 512 50, 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, no prevailing wage information was submitted in
connection with such bid due to a recent Federal Court decision
invalidating the State Prevailing Wage Law and the fact that the
State is no longer compiling prevailing wage data; FURTHER, the
Council does hereby authorize an advance in the amount of
$190, 000 00 (S A D portion of program) from the General
Obligation Road Improvement Bond Issue with the provision that
this bond issue be reimbursed from that portion of the project
which is to be financed by special assessment at such time as
funds are subsequently received from the payment of bills and
assessments by affected property owners; FURTHER, the Council
does hereby appropriate and authorize the expenditure of a sum
not to exceed $52, 512 50 from the Michigan Transportation Fund
($47, 512 50 from the Local Road Account and $5, 000 00 from the
Major Road Account) for this purpose; and the City Engineer is
hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby
authorized to execute a contract for and on behalf of the City of
Livonia with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this
resolution
28832
On a motion by Brosnan, seconded by Kavanagh, and unanimously
adopted, it was
#351-95 RESOLVED, that based upon a recent Federal Court
decision invalidating the State Prevailing Wage Law and the fact
that the State is no longer compiling prevailing wage data, the
Council does hereby direct the Engineering Department to utilize
the Federal prevailing wage information when seeking bids on
contracts over $150, 000 00 during the interim period until a
determination is made with respect to a possible amendment of the
City' s Prevailing Wage Ordinance
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
#352-95 RESOLVED, that the Council does hereby refer the
subject of the possible amendment of the City' s Prevailing Wage
Ordinance to the Legislative Committee for its report and
recommendation
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#353-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 20, 1995, which sets
forth its resolution 3-40-95, adopted on March 14, 1995, with
regard to 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, and the Council
having conducted a public hearing with regard to this matter on
May 15, 1995, pursuant to Council Resolution 213-95, the Council
does hereby approve Petition 95-1-1-1 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
During the audience communication portion of the meeting, Gus
Tawil, 18830 Nola, asked for a clarification of Council's direction re
the possibility of sidewalks going in on Blue Skies
On a motion by Toy, seconded by McGee, and unanimously adopted,
this 1,297th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 55 p m , May 17, 1995
.0 It., 7Wel,i (14-6-11
o=n McCotter, City Clerk