HomeMy WebLinkAboutCOUNCIL MINUTES 1995-01-18 28610
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTY-EIGHTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On January 18, 1995, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8 00 p m Councilmember Feenstra delivered the
invocation
Roll was called with the following result Fernon P Feenstra,
Michael P McGee, Sean P Kavanagh, Ron Ochala, Laura M Toy, Dale A
Jurcisin, 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; Michael Slater, Finance Director; Ronald Reinke,
lbw Superintendent of Parks & Recreation; Jeanne Treff, Cable Television
Director; Suzanne Wisler, Director of Community Resources; Lee Morrow,
Planning Commission; and Dorothy Wilshaw, Arts Commission
On a motion by McGee, seconded by Feenstra, and unanimously*
adopted, it was
#1-95 RESOLVED, that the minutes of the 1,287th Regular
Meeting of the Council of the City of Livonia, held December 21,
1994, are hereby approved as submitted
*Councilmember Toy abstained from voting which is recorded as a "yes" vote
under the provisions of Section 2 04 190B of the Livonia Code of
Ordinances
The following transpired during the audience communication portion of the
meeting
Councilmember Kavanagh wished his parents, Tom and Pat Kavanagh,
a Happy 50th Wedding Anniversary;
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Bill Himm, a long-time resident of Livonia, commented on the
timeliness of Councilmember Ochala' s resignation, in response to which
Council President Taylor explained the process for filling this upcoming
vacancy, with additional input from several other Council members;
President Taylor announced that on January 20, 1995, St Mary
Hospital will be sponsoring its Winter Red Cross Blood Drive during the
hours of 6 00 a m through 5 30 p m ; and
George Bisel introduced several individuals from the 4th District
of Michigan who participated in the Middle School and the High School
"Voice of Democracy" Speech Competitions which were sponsored by the
Veteran's of Foreign Wars of the United States There are a total of 14
districts in Michigan, and these competitions are held every year
The individuals introduced who participated in the Middle School
competition were
Tim Glenn Atkins - Clarenceville High School - 9th Grade; and
Julie Ann Warner - Franklin High School - 9th Grade
Julie read her 1st place speech
The individuals introduced who participated in the High School
competition were
Angela Lietzau - Stevenson High School - Senior;
Imo Eugenia M Patyna - Ladywood High School - Junior;
Donna J Terry - Clarenceville High School - Junior;
Candice L Ribar - Churchill - Senior (was not in attendance) ;
and Sarah E Lank - Franklin High School - Senior
Sarah read her 1st place speech, and Candice had placed 3rd
The next step for Sarah will be the State Competition (14 individuals will
be competing) to be held January 28 The 1st place winner from this
competition will then go on to the National/Final Competition to be held in
Washington, D C on March 7 (54 individuals will be competing) , where a
$20,000 scholarship will be awarded to the winner with the other
participants receiving not less than a $500 scholarship
On a motion by Toy, seconded by McGee, it was
A communication from the Office of the City Clerk, dated December
29, 1994, re tax levy rates for 1995 from the Wayne County Regional
Educational Service Agency was received and placed on file for the
information of the Council
#2-95 RESOLVED, that having considered a communication from
los the City Assessor, dated December 12, 1994, approved for
submission by the Mayor, with regard to a request from Mr Thomas
Morgan of 8932 Deering, Livonia, Michigan 48150, and Ms Marion
011ar of 8818 Merriman, Livonia, Michigan 48150, and in
accordance with the provisions of 1967 PA 288, as amended, as
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well as Section 18 46 of Ordinance 543, as amended, the Council
does hereby approve of the proposed division and combination of
Tax Item Nos 46 144 01 0007 000 and 46 144 99 0073 000 into two
parcels, the legal descriptions of which shall read as follows
PARCEL
Land situated in Livonia Township (now City of Livonia) ,
Wayne County, Michigan, being a part of the Southeast 1/4 of
Section 36, Town 1 South, Range 9 East, further described
as
Lots 7, 8, and the South one foot of Lot 9, plat of
"Joy Road Cozy Homesites" according to the plat thereof
in Liber 69 of Plats, Page 7 of Wayne County Records
Also, the North 101 feet of the South 536 feet of the
West 100 feet of the East 1/2 of the Southeast 1/4 of
said Section 36 Contains 0 464 acres, more or less
Subject to easements of record
PARCEL
The North 50 ft of the South 435 ft of the West 100 ft of
the East 1/2 of the S E 1/4 of Section 36, T1S, R9E
as shown on the map attached to the aforesaid communication which
Iwo is made a part hereof by reference; and the City Clerk is hereby
requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds;
provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals
#3-95 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated December 6, 1994, which bears the signature of the Finance
Director and is approved for submission by the Mayor, and to
which is attached an agreement entered into between the City of
Livonia and the Michigan Department of Natural Resources, dated
September 16, 1991, for a one-year extension of a grant for the
installation of lights at Bicentennial Park, the Council does
hereby authorize the Mayor and City Clerk for and on behalf of
the City of Livonia to execute the said agreement (Amendment No
2) ; and the City Clerk is requested to transmit two executed
copies of the agreement and a certified copy of this resolution
to the State of Michigan Department of Natural Resources
#4-95 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated December 12, 1994, approved by
the Finance Director and approved for submission by the Mayor,
and which requests authorization to sell the following City
vehicles and equipment, such authorization to be for a period of
one year with respect to the following vehicles
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Veh
ibmNo. Description Mileage
1 3 1985 Chevy Celebrity 88, 976
2 7 1985 Chevy Celebrity 74, 761
3 19 1986 Chevy Cavalier 91,132
4 20 1986 Chevy Cavalier 69, 868
5 543 1987 Chevy Caprice 46, 994
6 97 1973 Allis Chalmers Dozer 9, 958 hours
7 103 1960 Bros Rubber Tire Roller 3, 350 hours
8 184 1975 Fruehauf Chloride Tanker (none)
9 189 1979 Epoke Aggregate Spreader (none)
10 75 1984 Ford Ranger Pick-Up 78,654
11 205 1986 Dodge Van 114, 142
12 249 1979 Gladco Compactor No meter
13 259 1971 Myers Tree Sprayer No meter
14 319 1977 Ford Stake Truck 159,410
15 362 1958 I H C Truck Tractor 122, 582
16 378 1968 Nelson Tandem Lowboy Trailer No meter
17 849 1985 Ford Pick-Up A C 0 Truck 148,375
18 850 1985 Ford Pick-Up A C 0 Truck 123,619
19 477 1967 Miller Tilt Top Trailer No meter
20 478 1972 Tiger Line Trailer No meter
and wherein the aforesaid vehicles would be delivered to Midwest
Auto Auction & Service, Inc , 14666 Telegraph Road, Detroit,
LMichigan 48239, and said vehicles would be sold in accordance
with the procedure detailed in the aforesaid communication, the
Council does hereby concur in and approve of the recommended
action
#5-95 RESOLVED, that having considered the report and
recommendation of the City Assessor, dated December 16, 1994,
with regard to Industrial Facilities Exemption Certificate
#88-224, which is scheduled to expire on December 30, 2000, and
which is referred to as City of Livonia Industrial Development
District #46, relative to Borg-Warner Automotive, Inc , formerly
located at 12000 Tech Center Drive, Item No 998-01-9891-051
(personal) , the Council does hereby determine to revoke the
Personal Property component of the said Industrial Facilities
Exemption Certificate, the action herein being taken for the
reasons set forth in the aforesaid report and recommendation of
the City Assessor
A communication from the Inspection Department, dated December
19, 1994, re a complaint about a business being operated out of the home
located at 11161 Garden, Livonia, was received and placed on file for the
information of the Council (CR 837-94)
#6-95 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated December 16, 1994,
which bears the signature of the Finance Director and is approved
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for submission by the Mayor, the Council does hereby accept the
1160 bid of Tarjeft Construction, Inc , 20602 Telegraph, Brownstown,
Michigan 48174, for the Efficiency Apartment Renovation Project
at the McNamara Towers #1 Housing Facility for a total sum of
$28, 900 00, the same having been in fact the lowest bid received
and meets all specifications; FURTHER, the Council does hereby
appropriate and authorize the expenditure of the sum of
$28, 900 00 from the Community Development Block Grant Account No
233-800-818-638 for this purpose
#7-95 RESOLVED, that having considered a communication from
the Chairperson of the Livonia Arts Commission and the Director
of Community Resources, dated January 3, 1995, which is approved
by the Finance Director and is approved for submission by the
Mayor, the Council does hereby authorize the Livonia Arts
Commission with the assistance of the Department of Community
Resources, for and on behalf of the City of Livonia, to submit an
application to the Michigan Equity Program for a $13, 000 00 grant
to commission an artist and acquire a sculpture to be erected on
the Livonia Civic Center grounds, the subject application to be
authorized by the Mayor of the City of Livonia; and FURTHER, the
Council does hereby authorize the pledge in such application of
matching funds from the Arts Commission Trust in the amount of
$13, 000 00
#8-95 RESOLVED, that having considered a communication from
the Chairperson of the Livonia Arts Commission and the Director
of Community Resources, dated January 3, 1995, which is approved
by the Finance Director and is approved for submission by the
Mayor, with respect to submission of an application for a
Michigan Equity Grant for an outdoor sculpture to be erected on
the Civic Center grounds, the Council does hereby request a
report and recommendation from the Arts Commission with respect
to the matter of blending such outdoor sculpture with the
environmental sculpture currently existing on Civic Center
grounds
#9-95 RESOLVED, by the City Council of the City of Livonia,
that the annual Memorial Day Celebration be, and hereby is
approved for Saturday, May 27, 1995, beginning at 9 30 a m ; and
that the Wayne County Road Commission is hereby requested to
close Five Mile Road from Merriman to Farmington Road, Farmington
Road between Lyndon and Five Mile, May 27, 1995, between the
hours of 9 00 a m and 12 00 p m or until the road is returned
to normal traffic operation, that the City of Livonia will assume
liability for any damage claims which may arise as a result of
the road closure, and that Lt Joseph C Derscha is hereby
designated and authorized to sign the road closure permit in
behalf of the City of Livonia
140
#10-95 RESOLVED, by the City Council of the City of Livonia,
that the annual Spree Fireworks Display be, and hereby is
approved for Sunday, June 25, 1995, beginning at 10 00 p m and
that the Wayne County Road Commission is hereby requested to
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close Farmington Road from Five Mile Road to Schoolcraft Road
between the hours of 8 00 p m and 11 30 p m or until the road
is returned to normal traffic operation, that the City of Livonia
will assume liability for any damage claims which may arise as a
result of the road closure, and that Lieutenant Joseph Derscha is
hereby designated and authorized to sign the road closure permit
on behalf of the City of Livonia
#11-95 RESOLVED, that having considered the report and
recommendation of the Finance Director, dated December 12, 1994,
approved for submission by the Mayor, and to which is attached a
communication from the Executive Director of the Community
Commission on Drug Abuse (CCODA) , dated December 8, 1994,
requesting annual funding for CCODA, the Council does hereby
authorize the appropriation of the sum of $24, 000 00 from Account
101-279-956-000, to be paid and transferred to CCODA in support
of professional services provided by CCODA for the fiscal year
ending November 30, 1995
#12-95 RESOLVED, that having considered a communication from
the Finance Director, dated December 14, 1994, approved for
submission by the Mayor, and to which is attached a communication
from the Executive Director of the Southeast Michigan Council of
Governments (SEMCOG) , dated December 15, 1994, and an annual
membership notice from SEMCOG in the amount of $11,380 00 for the
year beginning January 15, 1995, the Council does hereby approve
and authorize the payment of same
#13-95 RESOLVED, that having considered a communication from
the Department of Law, dated December 21, 1994, 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 7 foot strip of property, 163 feet
in length, owned by Clark Refining & Marketing, Inc which land
is more particularly described as follows
The South 7 feet of the following described parcel
Lots 530 to 537, inclusive, also the East 1 5 feet of Lot
538 and the South 1/2 of the adjoining vacated alley of
Botsford Park Subdivision, T 1 S , R 9E , City of
Livonia, Wayne County, Michigan, as recorded in Liber 53,
Page 77 of Plats, Wayne County Records (Seven Mile Road
right-of-way) Part of Tax Parcel No 004-01-0530-000
subject to the following conditions
1 That the purchase price shall be in the sum of $1, 141 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
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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 $59 00
BE IT FURTHER RESOLVED, that a sum not to exceed $1, 500 00 is
hereby authorized to be expended from the $12 Million 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
#14-95 RESOLVED, that having considered a communication from
the Department of Law, dated December 15, 1994, 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, 175 71
feet in length, owned by Rocco and Adelia Corsi which land is
more particularly described as follows
The South 60 feet of the following described parcel
The South 168 71 feet of the East 208 71 feet of the East
1/2 of the S W 1/4 of the S E 1/4 of Section 1, T 1 S ,
R 9 E , City of Livonia, Wayne County, Michigan (Seven
Mile Road right-of-way) Part of Tax Parcel No
004-99-0057-000
subject to the following conditions
1 That the purchase price shall be in the sum of $4, 744 17;
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 $144 17
BE IT FURTHER RESOLVED, that a sum not to exceed $4, 850 00 is
hereby authorized to be expended from the $12 Million 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
#15-95 RESOLVED, that having considered a communication from
the Department of Law, dated December 21, 1994, 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 17 foot strip of property, 68 9
feet in length, owned by Ervin A and Janice M Ehlers which land
is more particularly described as follows
28617
The North 17 feet of the following described parcel
1
Lots 60 and 61 of Dohany Subdivision, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, as recorded in
Liber 64, Page 95 of Plats, Wayne County Records (Seven
Mile Road right-of-way) Part of Tax Parcel No
045-03-0060-000
subject to the following conditions
1 That the purchase price shall be in the sum of $1, 171 30;
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 $138 20
BE IT FURTHER RESOLVED, that a sum not to exceed $1,600 00 is
hereby authorized to be expended from the $12 Million 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
#16-95 RESOLVED, that having considered a communication from
the Department of Law, dated December 20, 1994, 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 17 foot strip of property, 68 feet
in length, owned by Larry G Ehlers which land is more
particularly described as follows
The North 17 feet of the following described parcel
Lots 62 and 63 of Dohany Subdivision, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, as recorded in
Liber 64, Page 95 of Plats, Wayne County Records (Seven
Mile Road right-of-way) Part of Tax Parcel No
045-03-0062-000
subject to the following conditions
1 That the purchase price shall be in the sum of $1,156 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
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3 That the City's portion of the prorated City, County, County
ILO Drain, School and Community College taxes shall be in a sum
not to exceed $44 00
BE IT FURTHER RESOLVED, that a sum not to exceed $1,500 00 is
hereby authorized to be expended from the $12 Million 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
#17-95 RESOLVED, that having considered a communication from
the Department of Law, dated December 21, 1994, 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, 629 49
feet in length, owned by the Galilean Baptist Church which land
is more particularly described as follows
The North 60 feet of the following described parcels
The North 3/4 of the West 1/2 of the West 1/2 of the N E
1/4 of the N W 1/4 of Section 12, T 1 S , R 9 E , City
of Livonia, Wayne County, Michigan, except the West 30 feet
thereof and also except the South 525 feet thereof (Seven
Mile Road right-of-way) Part of Tax Parcel No
046-99-0031-000
AND
The West 1/2 of the East 1/2 of the N W 1/4 of the N E 1/4
of the N W 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 046-99-0033-000
AND
That part of the N W 1/4 of Section 12, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan described as
beginning at a point on the North line of said section
distant East, 1, 809 39 feet from the Northwest corner of
Section 12 and proceeding thence South 153 00 feet; thence
East 164 49 feet; thence northerly 153 00 feet to the
North line of Section 12; thence West along said line 164 49
feet to the point of beginning (Seven Mile Road
right-of-way) Part of Tax Parcel Nos 046-99-0034-000 thru
046-99-0037-000
subject to the following conditions
tio1 That the purchase price shall be in the sum of $16, 996 23;
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Lor 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 $103 77
BE IT FURTHER RESOLVED, that a sum not to exceed $17, 000 00 is
hereby authorized to be expended from the $12 Million 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
#18-95 RESOLVED, that having considered a communication from
the Department of Law, dated December 20, 1994, 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 17 foot strip of property, 68 feet
in length, owned by Harry Pletcher which land is more
particularly described as follows
The North 17 feet of the following described parcel
Lots 188 and 189 of Dohany Subdivision, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, as recorded in
Liber 64, Page 95, Wayne County Records (Seven Mile Road
right-of-way) Part of Tax Parcel No 045-03-0188-000
subject to the following conditions
1 That the purchase price shall be in the sum of $1,156 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 $44 00
BE IT FURTHER RESOLVED, that a sum not to exceed $1, 500 00 is
hereby authorized to be expended from the $12 Million 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
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#19-95 RESOLVED, that having considered the report and
100 recommendation of the City Engineer, dated November 30, 1994,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, submitted pursuant to Council
Resolution 644-94, with respect to the proposed installation of
sidewalk on the south side of Ann Arbor Trail between Hanlon and
Norwich, the Council does hereby determine as follows
1 The purchase of right-of-way on Ann Arbor Trail is hereby
authorized in the amount of $3, 998 40 from Marvin E
Pashukewich and Patricia Pashukewich, his wife, 3942 Stark
Lane, Pittsfield Township, Michigan 48197, and said sum is
hereby appropriated and authorized from the Michigan
Transportation Fund (Major Road Account)
2 The purchase of right-of-way on Ann Arbor Trail is hereby
authorized in the amount of $3,836 38 from Kim Stankey,
30499 Plymouth Road, Livonia, Michigan 48150-2120, and said
sum is hereby appropriated and authorized from the Michigan
Transportation Fund (Major Road Account)
3 A sum not to exceed $600 00 ($300 00 for each of the above
parcels) is hereby authorized and appropriated from the
Michigan Transportation Fund (Major Road Account) to cover
the miscellaneous costs of title insurance, mortgage and
lien discharge, recording fees, revenue stamps, etc
The respective owners of lots and premises referred to in the
attached list of sidewalks requiring installation along the south
side of Ann Arbor Trail from Hanlon to Norwich in the City of
Livonia, said list being included herein by reference and for the
reasons stated in the aforementioned report and recommendation of
the City Engineer, are hereby required to install sidewalk at
such premises, and the City Clerk is hereby requested to do all
things necessary to carry out the provisions of this resolution
which is made pursuant to Title 12, Chapter 04, Section 340 of
the Livonia Code of Ordinances, as amended; FURTHER, said notice
shall set forth that the respective owners of lots and premises
herein referred to shall complete said sidewalk work no later
than June 1, 1995, after which date the Engineering Department
shall arrange for the construction of the said sidewalks as part
of the 1995 Sidewalk Program; FURTHER, the Council does hereby
authorize the construction and/or reconstruction of various
sections of sidewalks and crosswalks in the same area in the City
inasmuch as the same are the City's responsibility; and FURTHER,
the Council does hereby authorize the City Treasurer to advise
those owners where assessments exceed $400 00 that installment
payments in the number of three (3) installments at 85k interest
are available in connection with the sidewalk program; FURTHER,
in order to make payments to the contractor, the Council does
thot hereby authorize an advance in the amount of $4,718 48 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
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time as funds are subsequently received from the payment of bills
and assessments by affected property owners, and an amount of
$2, 000 00 from the Michigan Transportation Fund (Major Road
Account) to pay for the City's portion of this project; 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
#20-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 6, 1994,
approved for submission by the Mayor, with regard to a request
from the Wayne County Department of Public Services that the City
take jurisdiction and control of a section of 4" storm sewer as
part of the construction of a Boston Chicken restaurant at 19055
Middlebelt Road, the Council does hereby determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the
storm sewer site plans and further that the City will accept
jurisdiction and maintenance (at no expense to the County)
of approximately 25 1 f of 4" storm sewer within the
Middlebelt Road right-of-way in connection with the
development of the aforementioned site located on the west
side of Middlebelt and south of Seven Mile Road in the
Northeast 1/4 of Section 11 (See attached letter from
Boston Chicken indicating its willingness to reimburse
the City for any such maintenance that may become
necessary) ;
2 To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with
the above storm sewer construction
#21-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 6, 1994,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, and which transmits final cost
information with respect to the improvement of Grove Avenue, west
of Merriman in the Northeast 1/4 of Section 15 (S A D No 369) ,
the Council does hereby determine as follows
a) To authorize a decrease in the total assessment as set forth
in the confirmed assessment role of S A D 369 from
$22, 796 80 to $22,235 85, with the assessments to be reduced
to the assessment rate of $15 75 p a f ;
b) To authorize the City Assessor to increase the assessments
in the total amount of $1,170 19 for parcels listed in
Attachment III, so as to include the cost of additional work
requested by property owners within the assessment district;
100 c) To establish the final project cost at $36,503 46, of which
total $23,406 04 is to be charged to the special assessment
district and $13,097 42 is to be assumed by the City's
Michigan Transportation Fund (Local Road Account) receipts;
and
28622
d) To authorize an expenditure in the amount of $36, 503 46 from
the $12 Million General Obligation Road Improvement Bond
Issue with the provision that the Bond Issue be reimbursed
at such time as funds are available from the next Special
Assessment Paving Bond Issue ($23,406 04) and from Michigan
Transportation Fund (Local Road Account) receipts
($13, 097 42)
#22-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 7, 1994,
approved for submission by the Mayor, wherein it is recommended
that future rights-of-way associated with the widening and
improvement of Seven Mile Road in the Northeast 1/4 of Section 12
be conveyed to Wayne County, the legal descriptions of which are
as follows
That part of Lot #20, Garden Farms Subdivision as recorded
in Liber 40, Page 56, Wayne County Records, said subdivision
being a part of the N E 1/4 of Section 12, T 1 S , R 9 E
Livonia Township (now City of Livonia) Wayne County, Michigan,
said part being more particularly described as lying North of a
line 60 feet South of and parallel to the North Line of Section
12 as currently monumented, said part measuring 31 84 feet along
the East lot line and 31 70 feet along the West lot line of said
Lot #20 as platted and laid out Seven Mile Road Right-of-Way
Part of Tax Parcel No 045-01-0020-002
That part of vacated Foch Avenue 60 feet wide lying between
Lots #21 and 54, Garden Farms Subdivision as recorded in Liber
40, Page 56, Wayne County Records, said subdivision being a part
of the N E 1/4 of Section 12, T 1 S , R 9 E , Livonia Township
(now City of Livonia) , Wayne County, Michigan, said part being
more particularly described as lying North of a line 60 feet
South of and parallel to the North line of Section 12 as
currently monumented, said part measuring 32 60 feet along the
West line of Lot #54 and 32 26 feet along the East line of Lot
#21 as platted and laid out Seven Mile Road Right-of-Way Part
of Tax Parcel No 045-99-0005-000
That part of Lot #54, Garden Farms Subdivision as recorded
in Liber 40, Page 56, Wayne County Records, said subdivision
being a part of the N E 1/4 of Section 12, T 1 S , R 9 E
Livonia Township (now City of Livonia) , Wayne County, Michigan,
said part being more particularly described as lying North of a
line 60 feet South of and parallel to the North line of Section
12 as currently monumented, said part measuring 33 02 feet along
the East lot line and 32 60 feet along the West lot line of said
Lot #54, as platted and laid out Seven Mile Road Right-of-Way
Part of Tax Parcel No 045-01-0054-001
16 That part of Lot #55, Garden Farms Subdivision as recorded
in Liber 40, Page 56, Wayne County Records, said subdivision
being a part of the N E 1/4 of Section 12, T 1 S , R 9 E
Livonia Township (now City of Livonia) , Wayne County, Michigan,
28623
said part being more particularly described as lying North of a
line 60 feet South of and parallel to the North line of Section
12 as currently monumented, said part measuring 33 44 feet along
the East lot line and 33 02 feet along the West lot line of said
Lot #55 as platted and laid out Seven Mile Road Right-of-Way
Part of Tax Parcel No 045-01-0055-001
That part of Lot #56, Garden Farms Subdivision as recorded
in Liber 40, Page 56, Wayne County Records, said subdivision
being a part of the N E 1/4 of Section 12, T 1 S , R 9 E ,
Livonia Township (now City of Livonia) , Wayne County, Michigan,
said part being more particularly described as lying North of a
line 60 feet South of and parallel to the North line of Section
12 as currently monumented, said part measuring 33 86 feet along
the East lot line and 33 44 feet along the West lot line of said
Lot #56 as platted and laid out Seven Mile Road Right-of-Way
Part of Tax Parcel No 045-01-0056-001
That part of Lot #57, Garden Farms Subdivision as recorded
in Liber 40, Page 56, Wayne County Records, said subdivision
being a part of the N E 1/4 of Section 12, T 1 S , R 9 E ,
Livonia Township (now City of Livonia) , Wayne County, Michigan,
said part being more particularly described as lying North of a
line 60 feet South of and parallel to the North line of Section
12 as currently monumented, said part measuring 34 29 feet along
the East lot line and 33 86 feet along the West lot line of said
Lot #57 as platted and laid out Seven Mile Road Right-of-Way
Part of Tax Parcel No 045-01-0057-000
That part of Lot #58 and adjacent vacated Pershing Avenue,
Garden Farms Subdivision as recorded in Liber 40, Page 56, Wayne
County Records, said subdivision being a part of the N E 1/4 of
Section 12, T 1 S , R 9 E , Livonia Township (now City of
Livonia) , Wayne County, Michigan, said part being more
particularly described as lying North of a line 60 feet South of
and parallel to the North line of Section 12 as currently
monumented, said part measuring 35 05 feet along the East line of
vacated Pershing Avenue and 34 29 feet along the West lot line of
said Lot #58 as platted and laid out Seven Mile Road Right-of-
Way Part of Tax Parcel No 045-01-0058-000
That part of Lot #91, Garden Farms Subdivision as recorded
in Liber 40, Page 56, Wayne County Records, said subdivision
being a part of the N E 1/4 of Section 12, T 1 S , R 9 E ,
Livonia Township (now City of Livonia) , Wayne County, Michigan,
said part being more particularly described as lying North of a
line 60 feet South of and parallel to the North line of Section
12 as currently monumented, said part measuring 35 47 feet along
the East lot line and 35 05 feet along the West lot line of said
Lot #91 as platted and laid out Seven Mile Road Right-of-Way
Part of Tax Parcel No 045-01-0091-000
28624
The North 17 feet of Lots #64 and 65, Dohany Subdivision, of
the West 1/2 of the West 1/2 of the N E 1/4 of Section 12, T 1
S , R 9 E , City of Livonia, Wayne County, Michigan, as recorded
in Liber 64, Page 95, Wayne County Records Seven Mile Road
Right-of-Way Part of Tax Parcel No 045-03-0064-001
The North 27 feet of Lot #19 and the East 1/2 of Lot 18,
Garden Farms Subdivision as recorded in Liber 40, Page 56, Wayne
County Records, said subdivision being a part of the East 1/2 of
the N E 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 045-01-0018-004
The Council does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute proper deeds of
conveyance of the aforesaid Seven Mile Road Rights-of-Way to the
County of Wayne, subject to approval as to form by the Department
of Law
#23-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 7, 1994,
approved for submission by the Mayor, the Council does hereby
authorize the release to Livonia Builders, Inc , 35189 Vargo,
Livonia, Michigan 48152, the proprietor of Willow Creek
Subdivision, located in the Northeast 1/4 of Section 14, of the
financial assurances previously deposited pursuant to Council
Resolution 493-93 adopted on June 23, 1993, and subsequently
amended by Council Resolution 41-94 adopted on January 26, 1994,
specifically
a) General Improvement Bond $9, 000 00 ($5, 000 00 minimum cash) ;
b) Grading and Soil Erosion Control ($4, 000 00 cash) ;
c) Entrance Markers-Landscaping $10, 000 00 ($3, 000 00 minimum
cash) ; and
d) Street Lighting ($1,465 60 cash balance) ;
FURTHER, all other financial assurances (including Monument and
Marker Bond in the amount of $970 00 cash) now on deposit with
the City, if any, with respect to this subdivision shall remain
the same and unchanged; 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
#24-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 8, 1994,
tft.
approved by the Director of Inspection and the Director of Public
Works, and approved for submission by the Mayor, regarding the
removal of debris from the public alley adjoining the southeast
corner of property located at 27500 Grand River in the City of
28625
Livonia and in the amount indicated in the attachment to the
aforesaid communication, which work was done in accordance with
the provisions of Section 12 04 400 of Title 12, Chapter 4 of the
Livonia Code of Ordinances, as amended, the City Treasurer is
hereby directed to send a statement of charges to all property
owners in the amount listed above in accordance with Section
3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances,
as amended, the Council does hereby establish the evening of
Wednesday, March 22, 1995, at 8 00 p m at the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan, as the time and
place when the Council shall meet for the purpose of adopting a
resolution placing a special assessment upon said property for
such charges unless the same are paid prior to the date of such
meeting; and the City Clerk and City Treasurer are hereby
requested to do all things necessary or incidental to the full
performance of this resolution
#25-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 13, 1994,
approved for submission by the Mayor, the Council does hereby
amend Item No 7 of Council Resolution No 685-87, adopted on
August 10, 1987, as amended by Council Resolution 162-88, so as
to reduce the financial assurances now on deposit with the City
for Sidewalk Improvements in the Carrington Estates Subdivision
located in the Northwest 1/4 of Section 9 to $3,300 00 cash, and
the financial assurances now on deposit with the City, if any,
shall be reduced accordingly; FURTHER, the Council does hereby
authorize the release to William Roskelly, 33177 Schoolcraft,
Livonia, Michigan 48150, the proprietor of the Carrington Estates
Subdivision, of the financial assurances previously deposited
with respect to the General Improvements in the amount of
$2, 000 00 cash; Grading and Soil Erosion Control in the amount of
$3,600 00 ($2, 000 00 cash) ; Monuments and Markers $690 00 cash;
FURTHER, all other financial assurances now on deposit with the
City, if any, shall remain the same and unchanged
#26-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 21, 1994, which
transmits its Resolution 12-202-94, adopted on December 13, 1994,
with regard to Petition 94-9-3-8, submitted by William L
Roskelly requesting the vacating of a storm sewer easement on
Lots 53 and 54, Western Golf Estates Subdivision, located on
Santa Anita Avenue between Jamison Avenue and Oakley Avenue in
the Northeast 1/4 of Section 24, the Council does hereby concur
in the recommendation of the City Planning Commission and does
grant and approve the said Petition 94-9-3-8, and the Department
of Law is hereby requested to prepare the necessary vacating
ordinance in accordance with this resolution
#27-95 RESOLVED, that having considered a communication from
this the City Planning Commission, dated December 21, 1994, which
transmits its Resolution 12-203-94, adopted on December 13, 1994,
with regard to Petition 94-9-3-9, submitted by William L
Roskelly requesting the vacating of an easement and/or alley in
28626
the rear of Lots 1 through 10, Horton's Newburgh Subdivision,
iMp
located west of Newburgh Road between Ann Arbor Trail and Ann
Arbor Road in the Northeast 1/4 of Section 31, the Council does
hereby concur in the recommendation of the City Planning
Commission and does grant and approve the said Petition 94-9-3-9,
and the Department of Law is hereby requested to prepare the
necessary vacating ordinance in accordance with this resolution
#28-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 28, 1994, which
transmits its Resolution 12-204-94, adopted on December 13, 1994,
with regard to Petition 94-9-3-10, submitted by William L
Roskelly requesting the vacating of an easement for storm water
drainage located on Lots 4 through 7 of the proposed Fargo Woods
Subdivision, located east of Merriman Road between Pembroke
Avenue and Fargo Avenue in the Northwest 1/4 of Section 2, the
Council does hereby concur in the recommendation of the City
Planning Commission and does grant and approve the said Petition
94-9-3-10, and the Department of Law is hereby requested to
prepare the necessary vacating ordinance in accordance with this
resolution
#29-95 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, March 1, 1995, at
8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items
(1) Petition 94-10-1-22, submitted by Ronald M Parz for a
change of zoning of property located on the southeast corner
of Middlebelt Road and Terrence Avenue in the Northwest 1/4
of Section 13, from C-1 to C-2, the City Planning Commission
in its resolution 12-197-94 having recommended to the City
Council that Petition 94-10-1-22 be denied for the following
reasons
a) That the subject area currently contains sufficient C-2
zoned lands to serve the needs of the area;
b) That the proposed zoning district would tend to attract
uses which are incompatible to and not in harmony with
the adjacent residential uses in the area;
c) That the subject site is located so as to provide
commercial services principally to the surrounding
neighborhood;
tow
d) That the uses permitted in the existing C-1 zoning
district, as well as the several waiver uses, are
sufficient to serve the area;
28627
e) That the rezoning of this land to the C-2 zoning
classification will set an undesirable precedent for
the area and will encourage other C-1 property to
similarly be rezoned; and
(2) 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, the City Planning Commission in its resolution
12-198-94 having recommended to the City Council that
Petition 94-10-1-23 be denied for a change to the C-3 zoning
classification for the reasons listed below, but recommends
approval to the C-2 district
a) That the proposed change of zoning represents an
undesirable increase in a less restrictive commercial
district in the area; and
b) That the proposed change of zoning is not needed to
utilize the property in the manner proposed;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature of
the proposed amendments to the Zoning Ordinance, and/or (b)
location of the proposed changes of zoning as set forth above,
first to be published in the official newspaper of the City or a
newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by certified mail to
each public utility company and to each railroad company owning
or operating any public utility or railroad within the districts
or zones affected; and FURTHER, the City Clerk is requested to do
all other things necessary or incidental to the full performance
of this resolution
A roll call vote was taken on the foregoing resolutions with the following
result
AYES Feenstra, McGee, Kavanagh, Ochala, Toy, Jurcisin, and
Taylor
NAYS None
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#30-95 RESOLVED, that having considered the report and
tier recommendation of the Committee of the Whole, dated December 19,
1994, with respect to the proposed Time Warner MetroVision
merger, the Council does hereby authorize the Department of
28628
Community Resources to obtain legal and financial assistance to
supplement City expertise with respect to matters involving the
telecommunications industry including the proposed merger, in an
amount not to exceed $25, 000 00, such amount to be expended on an
as-needed basis and appropriated from the Unexpended Cable Fund
Balance; provided, FURTHER, that 500 of such costs related to the
proposed merger shall be subject to request for reimbursement
from MetroVision pursuant to Section 5-1805 (f) (2) of the Cable
Television Franchise Ordinance 1685
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 94-9-1-20)
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 Kavanagh, seconded by Toy, it was
RESOLVED, that having considered a communication from
Sandra Beslach, Secretary of B J 's of Michigan, Inc , dated
December 14, 1994, with regard to a request for sign plan
approval to erect a sign on Seven Mile Road and a sign to be
affixed to the building over the front doors, and change of color
of neon, for a business located at 36000 Seven Mile Road,
Livonia, Michigan 48152, in Section 5, (to be named The Sideline,
currently Tavern on the Green) , the Council does hereby approve
the sign plan as submitted subject to the condition that an
opaque covering be installed over the green neon
A roll call vote was taken on the foregoing resolution with the following
result
AYES Kavanagh and Taylor
NAYS Feenstra, McGee, Ochala, Toy, and Jurcisin
The President declared the resolution denied
On a motion by Feenstra, seconded by Jurcisin, it was
imi
#31-95 RESOLVED, that having considered a communication from
Sandra Beslach, Secretary of B J 's of Michigan, Inc , dated
December 14, 1994, with regard to a request for sign plan
approval to erect a sign on Seven Mile Road and a sign to be
28629
affixed to the building over the front doors, and change of color
IN,
of neon, for a business located at 36000 Seven Mile Road,
Livonia, Michigan 48152, in Section 5, (to be named The Sideline,
currently Tavern on the Green) , the Council does hereby approve
the sign plan as submitted
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra, McGee, Ochala, Toy, Jurcisin, and Taylor
NAYS Kavanagh
The President declared the resolution adopted
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was
#32-95 RESOLVED, that having considered a communication from
the City Assessor, dated December 20, 1994, which bears the
signature of the Finance Director and is approved for submission
by the Mayor, and in accordance with Chapter VIII, Section 6 of
the Charter of the City of Livonia, the Council does hereby
determine to approve the following dates for the Board of Review
to conduct public hearings in 1995, which public hearings are to
be conducted in the conference room of the City Assessor on the
first floor of the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan 48154
FIRST SESSION
Tuesday March 7, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m
Wednesday March 8, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m
Friday March 10, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m
Saturday March 11, 1995 9 00 a m - 2 00 p m
SECOND SESSION
Monday March 13, 1995 2 00 p m - 8 00 p m
Tuesday March 14, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m
Wednesday March 15, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m
Friday March 17, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m
Saturday March 18, 1995 9 00 a m - 2 00 p m
Monday March 20, 1995 2 00 p m - 8 00 p m
Tuesday March 21, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m
Wednesday March 22, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m
Friday March 24, 1995 9 00 a m - 12 00 p m 1 30 p m - 4 30 p m
28630
FURTHER, the Council does hereby determine that the daily rate of
compensation to be paid to the members of the Board of Review
shall be $120 00 for the Chairperson and $100 00 for other
members
Pursuant to Public Act No 165, Public Acts of 1971, we hereby
give notice that the following tentative ratios and multipliers
will be used to determine the State Equalized Value (S E V ) for
the year 1995
CLASS RATIO S.E.V. FACTOR (MULTIPLIER)
Agricultural 50 00 1 0000
Commercial 50 00 1 0000
Industrial 50 00 1 0000
Residential 50 00 1 0000
Personal 50 00 1 0000
On a motion by McGee, seconded by Toy, and unanimously adopted,
it was
#33-95 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 12, 1994, and
the report and recommendation from the Chief of Police, dated
November 30, 1994, approved for submission by the Mayor, with
respect to a request from Dallo's Brothers, Inc , stockholders
Carl Dallo and Ralph Dallo, for a transfer of ownership of a 1994
SDM licensed business from Arbor Ridge, Inc for a business
located at 9479 Newburgh Road, Livonia, Michigan 48150, Wayne
County, the Council does hereby refer this matter to the
Committee of the Whole for further consideration
McGee made the following disclosure respecting a conflict of interest on
this matter
Mr President, I would like the record to reflect that the
petitioner here is represented by my law firm, Miller, Canfield,
Paddock and Stone, and that I therefore will abstain from any
consideration of this agenda item as required by Chapter IV,
Section 9, of the Livonia City Charter and the relevant
provisions of State law I refer to my letter dated February 24,
1992, to the City Clerk on this subject and would ask that these
remarks be made part of the official record of this meeting
Thank you
McGee left the podium at 8 34 p m
On a motion by Feenstra, seconded by Jurcisin, it was
#34-95 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated May 27, 1994, and the
report and recommendation from the Chief of Police, dated
December 2, 1994, approved for submission by the Mayor, the
28631
Council does hereby recommend approval of the request from
Corporate Property Associates 6 and Corporate Property Associates
7, co-licensees, to drop Integra - a hotel and restaurant company
and Livonia Inn Management, Inc , as co-licensees in 1994 B-Hotel
licensed business with Dance Permit, Entertainment Permit without
dressing rooms, Official Permit (Food) , located at 17123 Laurel
Park, Livonia, Michigan 48152, Wayne County; and the City Clerk
is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra, Kavanagh, Ochala, Toy, Jurcisin, and Taylor
NAYS None
The President declared the resolution adopted
McGee returned to the podium at 8 35 p m
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#35-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 14, 1994,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, submitted pursuant to Council
Resolution 770-94, with respect to the widening of Seven Mile
Road from Newburgh Road west to Victor Parkway, the Council does
hereby determine as follows
a) To authorize the Mayor and City Clerk to enter into an
agreement with Nowak & Fraus Corporation, 1310 North
Stephenson Highway, Royal Oak, Michigan 48067-1508, to
prepare construction documents for the above-referenced
project for a lump sum fee not to exceed $44, 000 00;
b) To authorize the Mayor and City Clerk to enter into an
agreement with Providence Hospital for the reimbursement of
$44, 000 00 for the engineering work to be accomplished by
Nowak & Fraus Corporation;
c) To authorize an advance of $44,000 00 from the Michigan
Transportation Fund (Major Road Account) to pay Nowak &
Fraus Corporation for their work, said funds to be
reimbursed from monies received from Providence Hospital for
this purpose; and FURTHER, waive the bidding process for
these engineering services in accordance with Section
low 3 04 140 of the Livonia Code of Ordinances, as amended; and
(CORRECTED PAGE-SEE CR #36-95)
28632
d) To advise the Wayne County Department of Public Services of
the City's willingness to participate in the local share of
the cost of improving Seven Mile Road from Newburgh Road to
Victor Parkway
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#36-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated December 14, 1994,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, with respect to the reconstruction
of Seven Mile Road from Newburgh Road to Victor Parkway and the
proposed installation of sidewalks, and to which is attached the
supplemental list requiring such installation, the Council does
hereby determine to require the respective owners of lots and
premises referred to in said list on the north and south sides of
Seven Mile Road between Newburgh and Haggerty Roads to construct
and install sidewalks at such premises referred to above, and the
City Clerk is hereby requested to do all things necessary to
carry out the provisions of this resolution which is made
pursuant to Section 12 04 340 of Title 12, Chapter 4 of the
Livonia Code of Ordinances, as amended; FURTHER, said notice
shall set forth that the respective owners of lots and premises
herein referred to shall complete said sidewalks on or before
November 1, 1995, after which date the Engineering Department
shall arrange for the construction of the said sidewalks in
accordance with Section 12 04 350 of the Livonia Code of
Ordinances, as amended
On a motion by Feenstra, seconded by Jurcisin, it was
#37-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 22, 1994, which
transmits its resolution 12-205-94, adopted on December 13, 1994,
with regard to the proposed preliminary plat of Hickory Oak
Subdivision to be located east of Purlingbrook Avenue between
Seven Mile Road and St Martins Avenue in the Southeast 1/4 of
Section 2, City of Livonia, Wayne County, Michigan; and the
preliminary plat having been approved by the City Planning
Commission on December 13, 1994, the Council does hereby waive
the open space dedication requirement set forth in the
Subdivision Rules and Regulations and 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
28633
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra, McGee, Ochala, Toy, Jurcisin, and Taylor
NAYS Kavanagh
The President declared the resolution adopted
On a motion by Kavanagh, seconded by McGee, and unanimously
adopted, it was
#38-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 28, 1994, which
transmits its resolution 12-208-94 adopted on December 13, 1994,
with regard to Petition 94-11-8-27 submitted by Charles C Spera
requesting approval of all plans required by Section 18 47 of
Ordinance No 543, as amended, in connection with a proposal to
alter the exterior building elevations, and by Media Six, Inc
requesting approval for one ground sign and one wall sign for the
building located at 19276 Middlebelt Road in the Southwest 1/4 of
Section 1, the Council does hereby concur in the recommendation
of the Planning Commission (with the exception of the condition
requiring the painting of the building) and Petition 94-11-8-27
is hereby approved and granted, subject to the removal of the
existing cyclone fence and subject to the following additional
conditions
1 That the Site & Landscape Plan, defined as Sheet A-1 dated
11/28/94 by Mamola Associates Architects, is hereby approved
and shall be adhered to, and that the landscape materials as
shown shall be installed prior to the issuance of a
Certificate of Occupancy Permit and thereafter permanently
maintained in a healthy condition;
2 That the Elevation Plan, defined as Sheet A-3 dated 11/28/94
by Mamola Associates Architects, is hereby approved and
shall be adhered to;
3 That the Sign Package by Media Six, Inc , as submitted as
part of this site plan application and received by the
Planning Commission on 11/22/94, is hereby approved for the
wall sign only;
4 That the tenant is restricted from any other type of outdoor
advertising whatsoever;
5 That there shall be no more than 25% window signage
permitted;
6 That the entire parking lot for this site shall be repaved
and restriped;
28634
7 That the Planning Commission does hereby approve the 7 8%
landscaping provided and waives the balance of the 15%
landscape requirement;
8 That the petitioner as represented by his architect has
agreed to the above conditions; and
9 That the entire building will be steam cleaned or sand
blasted
On a motion by Toy, seconded by Ochala, and unanimously adopted,
it was
#39-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 20, 1994, which sets
forth its resolution 12-199-94 adopted on December 13, 1994, with
regard to Petition 94-10-2-32 submitted by Teh-Yuan Yu requesting
waiver use approval to operate a full service restaurant within
the Laurel Park Place shopping center located on the west side of
Newburgh Road between Six Mile Road and Laurel Park Drive in the
Southeast 1/4 of Section 7, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 94-10-2-32 is hereby approved
and granted, subject to the following conditions
1 That the proposed restaurant shall be limited to no more
than 190 customer seats;
2 That the building elevation plan marked Sheet 2 dated
9-26-94 prepared by DiMattia Associates, Architects, which
is hereby approved, shall be adhered to; and
3 That this approval does not include the proposed signage
shown on the exterior building elevation
On a motion by Toy, seconded by Ochala, and unanimously adopted,
it was
#40-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 20, 1994, which
transmits its resolution 12-200-94, adopted on December 13, 1994,
with regard to Petition 94-10-2-33, submitted by Teh-Yuan Yu
requesting waiver use approval to utilize a Class C or resort
license for a proposed full service restaurant located in the
Laurel Park Place shopping center located on the west side of
Newburgh Road between Six Mile Road and Laurel Park Drive in the
Southeast 1/4 of Section 7, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 94-10-2-33 is hereby approved
and granted, including therein the waiver of the 1, 000 foot
separation requirement prescribed in Section 11 03 (h) of the
(CORRECTED PAGE - SEE CR #42-95)
28635
Zoning Ordinance, as amended, and such action to be based upon
the same conditions as are set forth in the aforesaid
recommendation of the Planning Commission
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was
#41-95 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 21, 1994, which
transmits its resolution 12-201-94, adopted on December 13, 1994,
with regard to Petition 94-10-2-34, submitted by Bottles & Stuff
II requesting waiver use approval to utilize an SDD license for
an existing store located on the west side of Newburgh Road
between Five Mile Road and Lancaster Avenue in the Southeast 1/4
of Section 18, which property is zoned C-2, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 94-10-2-34 is hereby approved and
granted, including therein the waiver of the 1, 000 foot
separation requirement prescribed in Section 11 03 (r) of the
Zoning Ordinance, as amended, and such action to be based upon
the same conditions as are set forth in the aforesaid
recommendation of the Planning Commission
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#42-95 RESOLVED, that the Council does hereby amend Council
Resolution 843-94 so as to have the same read as follows
RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 18,
1994, which bears the signatures of the Finance Director and
the City Attorney, and is approved for submission by the
Mayor, wherein it is recommended that the City enter into a
contract with the Michigan Department of Transportation and
the County of Wayne with respect to the responsibilities of
the parties and cost allocations associated with the
Merriman Road Grade Separation and Road Resurfacing Project,
the Council does hereby authorize the City's estimated
participation ($2,131, 550 00) in the project cost as
outlined in the tri-party agreement; FURTHER, the Mayor
and City Clerk are hereby authorized to execute a contract
agreement (No 94-2022) for and on behalf of the City of
Livonia with the Michigan Department of Transportation and
the County of Wayne with respect to this project and to do
all other things necessary or incidental to the full
performance of this resolution; FURTHER, the Council does
hereby appropriate and authorize the expenditure of a sum
estimated to be $2,131,550 00 from the $12 Million General
Obligation Road Improvement Bond Issue for this purpose; AND
FURTHER, an advance in a sum not to exceed $784,000 00 from
the aforementioned appropriation is hereby authorized to be
28636
forwarded to the County of Wayne by March 1, 1995, for
purposes of making construction payments relative to the
Merriman Road Grade Separation Project; and the City Clerk
is hereby requested to send a certified copy of this
resolution to the Michigan Department of Transportation
On a motion by Kavanagh, seconded by Ochala, it was
RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated November 2, 1994, on all matters
required by Sections 3 08 060 and 3 08 140 of the Livonia Code of
Ordinances, as amended, and a first public hearing having been
held thereon on January 9, 1995, after due notice as required by
Section 3 08 070 of said Code, and careful consideration having
been given to all such matters, the Council does hereby, pursuant
to Section 3 08 080 of said Code
(1) accept and approve said statement in all respects;
(2) determine to make the improvement consisting of the
installation of a street lighting system consisting of 100
watt high pressure sodium lights on colonial post top poles
with underground wiring in Hunters Pointe Subdivision
and the areas immediately east thereof that have been
established by lot splits located in the Southeast 1/4 of
Section 30, T 1 S , R 9 E , City of Livonia, Wayne County,
lbw Michigan, as described in said statement; and to defray the
cost of such improvement by special assessment upon the
property especially benefited in proportion to the benefits
derived or to be derived;
(3) approve the plans and specifications for said improvement as
set forth in said statement dated November 2, 1994;
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited;
(5) determine that the assessment made for such improvement
shall be paid in annual installments, according to said
statement;
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
A Special Assessment District in the S E 1/4 of Section 30,
T 1S , R 9E , City of Livonia, Wayne County, Michigan,
described as the Hunters Pointe Subdivision (Liber 107,
Pages 23 to 26, W C R ) and the following 7 parcels of land
Tax Parcel Numbers 120-02-0536-002, 120-02-0536-003,
120-02-0535-002, 120-02-0535-003, 120-02-0534-002,
120-02-0534-003, and 120-02-0533-000 (2 units assessed) , as
shown on the Special Assessment Plan and on the Special
Assessment Roll
28637
(7) direct the City Assessor to prepare a special assessment
roll in accordance with the Council's determination on said
statements as prepared by the City Engineer dated November
2, 1994; and
(8) that upon completion of said roll, the City Assessor shall
attach thereto the certificate required by the provisions of
Section 3 08 100 of the Livonia Code of Ordinances, as
amended, and file the same with the City Clerk, who
thereupon is directed to present the same to the City
Council prior to the holding of the second public hearing
thereon pursuant to Title 3, Chapter 8 of the Livonia Code
of Ordinances
On a motion by Jurcisin, seconded by Toy, it was
RESOLVED, that the City Council does hereby determine,
in lieu of the foregoing resolution, to substitute the following
RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated November 2, 1994, and an amended
statement dated January 11, 1995, on all matters required by
Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances,
as amended, and a first public hearing having been held thereon
on January 9, 1995, after due notice as required by Section
ibm 3 08 070 of said Code, and careful consideration having been
given to all such matters, the Council does hereby, pursuant to
Section 3 08 080 of said Code
(1) accept and approve said statement, as amended, in all
respects;
(2) determine to make the improvement consisting of the
installation of a street lighting system consisting of four
(4) 100 watt high pressure sodium lights on colonial post
top poles with underground wiring in Hunters Pointe
Subdivision located in the Southeast 1/4 of Section 30, T 1
S , R 9 E , City of Livonia, Wayne County, Michigan, as
described in said statement, as amended; such lights to be
installed at the following locations at the entrance to
the subdivision at Chase Boulevard and Plymouth Road, the
intersection of Birch Run and Chase Boulevard, the corner
where Chase Boulevard joins Chase Court, and on the
cul-de-sac at the end of Chase Court; and to defray the cost
of such improvement by special assessment upon the property
especially benefited in proportion to the benefits derived
or to be derived;
(3) approve the plans and specifications for said improvement as
set forth in said statement dated November 2, 1994, as
amended on January 11, 1995;
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited;
28638
(5) determine that the assessment made for such improvement
shall be paid in annual installments, according to said
statement;
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
Hunters Pointe Subdivision, as recorded in Liber 107, Pages
24 to 27, both inclusive, said subdivision being a part of
the S E 1/4 of Section 30, T 1 S , R 9E , City of
Livonia, Wayne County, Michigan
(7) direct the City Assessor to prepare a special assessment
roll in accordance with the Council' s determination on said
statements as prepared by the City Engineer dated January
10, 1995; and
(8) that upon completion of said roll, the City Assessor shall
attach thereto the certificate required by the provisions of
Section 3 08 100 of the Livonia Code of Ordinances, as
amended, and file the same with the City Clerk, who
thereupon is directed to present the same to the City
Council prior to the holding of the second public hearing
thereon pursuant to Title 3, Chapter 8 of the Livonia Code
ibiof Ordinances
A roll call vote was taken on the motion to substitute as follows
AYES McGee, Toy, Jurcisin, and Taylor
NAYS Feenstra, Kavanagh, and Ochala
The President declared the motion to substitute adopted
A roll call vote was then taken on the substitute resolution, as follows
#43-95 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated November 2, 1994, and an amended
statement dated January 11, 1995, on all matters required by
Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances,
as amended, and a first public hearing having been held thereon
on January 9, 1995, after due notice as required by Section
3 08 070 of said Code, and careful consideration having been
given to all such matters, the Council does hereby, pursuant to
Section 3 08 080 of said Code
(1) accept and approve said statement, as amended, in all
respects;
28639
(2) determine to make the improvement consisting of the
installation of a street lighting system consisting of four
(4) 100 watt high pressure sodium lights on colonial post
top poles with underground wiring in Hunters Pointe
Subdivision located in the Southeast 1/4 of Section 30, T 1
S , R 9 E , City of Livonia, Wayne County, Michigan, as
described in said statement, as amended; such lights to be
installed at the following locations at the entrance to
the subdivision at Chase Boulevard and Plymouth Road, the
intersection of Birch Run and Chase Boulevard, the corner
where Chase Boulevard joins Chase Court, and on the
cul-de-sac at the end of Chase Court; and to defray the cost
of such improvement by special assessment upon the property
especially benefited in proportion to the benefits derived
or to be derived;
(3) approve the plans and specifications for said improvement as
set forth in said statement dated November 2, 1994, as
amended on January 11, 1995;
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited;
(5) determine that the assessment made for such improvement
shall be paid in annual installments, according to said
liostatement;
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
Hunters Pointe Subdivision, as recorded in Liber 107, Pages
24 to 27, both inclusive, said subdivision being a part of
the S E 1/4 of Section 30, T 1 S , R 9E , City of
Livonia, Wayne County, Michigan
(7) direct the City Assessor to prepare a special assessment
roll in accordance with the Council's determination on said
statements as prepared by the City Engineer dated January
10, 1995; and
(8) that upon completion of said roll, the City Assessor shall
attach thereto the certificate required by the provisions of
Section 3 08 100 of the Livonia Code of Ordinances, as
amended, and file the same with the City Clerk, who
thereupon is directed to present the same to the City
Council prior to the holding of the second public hearing
thereon pursuant to Title 3, Chapter 8 of the Livonia Code
of Ordinances
with the following result
AYES Feenstra, McGee, Toy, Jurcisin, and Taylor
28640
NAYS Kavanagh and Ochala
The President declared the resolution adopted
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
#44-95 RESOLVED, that having considered a communication dated
January 5, 1995, from the Department of Law transmitting for
Council acceptance two Quit Claim Deeds, more particularly
described as
(1) Quit Claim Deed dated December 22, 1994, executed by John J
Trybus and Kathleen J Trybus, to the City of Livonia, for
The South ten (10) feet of the following parcel of land
A parcel of land located in the N W 1/4 of Section 2, T 1
S , R 9 E , City of Livonia, Wayne County, Michigan,
described as beginning at a point on the East and West 1/4
line of said Section 2 distant North 89°25' 01" West, 30 00
feet from the center of said Section 2; thence continuing
along said East and West 1/4 line North 89°25' 01" West,
170 00 feet; thence North 00°37' 04" East, 133 30 feet;
thence South 89°25' 01" East, 170 00 feet to the west right-
of-way line of Purlingbrook Road; thence along said right-of-
way line South 00°37' 04" West, 133 30 feet to the point of
beginning (Pembroke Ave Right-of-Way - Sidwell No
006-99-0025-002)
(2) Quit Claim Deed dated December 22, 1994, executed by
Kathleen J Trybus, to the City of Livonia, for
The South ten (10) feet of the following parcel of land
A parcel of land located in the N W 1/4 of Section 2, T 1
S , R 9 E , City of Livonia, Wayne County, Michigan,
described as beginning at a point on the East and West 1/4
line of said Section 2 located distant North 89°25' 01" West,
200 00 feet from the center of said Section 2; thence
continuing along said East and West 1/4 line North 89°25' 01"
West, 153 61 feet; thence North 00°39' 18" East, 133 30 feet;
thence South 89°25' 01" East, 153 52 feet; thence South
00°37' 04" West, 133 30 feet to the point of beginning
(Pembroke Avenue Right-of-Way - Sidwell No 006-99-0025-001)
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Quit Claim Deeds and the City Clerk
is hereby requested to have the same recorded in the Office of
lbw the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution
28641
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#45-95 RESOLVED, that having considered a communication dated
December 13, 1994, from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly
described as
Grant of Easement dated November 22, 1994, executed by Shawn
E Kelley to the City of Livonia for
The East ten (10) feet of the following parcel of land
Lots 40 and 41, except the East 200 feet of said lots, Iris
Gardens Subdivision, as recorded in Liber 67, page 55, Wayne
County Records, said subdivision being a part of the S W
1/4 of Section 1, T 1 S , R 9 E , Livonia Township (now
City of Livonia) , Wayne County, Michigan (Sidwell No 003-
02-0040-001)
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 Toy, seconded by Jurcisin, and unanimously
adopted, it was
#46-95 RESOLVED, that having considered a communication dated
December 28, 1994, from the Department of Law transmitting for
Council acceptance three Grants of Easement, more particularly
described as
Grants of Easement dated September 2, 1993, executed by
James R Graves, Jr and Jeanne Graves, his wife, and Odell
LeChevalier and JoAnne LeChevalier, his wife, to the City of
Livonia, for
Sanitary Sewer Easement
The South 12 feet of the East 65 00 feet of Lot 69 of Garden
Farms Subdivision, of part of the Northeast 1/4 of Section
12, T 1 S , R 9 E , City of Livonia, Wayne County,
Michigan, as recorded in Liber 40 of Plats, on Page 56,
Wayne County Records Subject to easements and restrictions
of record (Sidwell #045-01-0069-000)
AND
28642
The South 12 feet of the West 60 00 feet of the East 125 00
feet of Lot 69 of Garden Farms Subdivision, of part of the
Northeast 1/4 of Section 12, T 1 S , R 9 E , City of
Livonia, Wayne County, Michigan, as recorded in Liber 40 of
Plats, on Page 56, Wayne County Records Subject to
easements and restrictions of record (Sidwell
#045-01-0069-001)
AND
The South 12 feet of the West 65 00 feet of Lot 69 of Garden
Farms Subdivision, of part of the Northeast 1/4 of Section
12, T 1 S , R 9 E , City of Livonia, Wayne County,
Michigan, as recorded in Liber 40 of Plats, on Page 56,
Wayne County Records Subject to easements and restrictions
of record (Sidwell #045-01-0069-002)
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 Toy, seconded by Ochala, and unanimously adopted,
it was
#47-95 RESOLVED, that having considered a communication from
the Director of Community Resources, dated December 8, 1994,
approved by the Finance Director and approved for submission by
the Mayor, the Council does, for and on behalf of the City of
Livonia, accept a cash grant in the amount of $3,600 00 from the
Target Corporation, the same to be credited to and deposited in
Account #702-000-285-215 for activities in the Livonia Youth
Assistance Program
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#48-95 RESOLVED, that having considered a communication from
the Director of Community Resources, dated December 8, 1994,
approved by the Finance Director and approved for submission by
the Mayor, the Council does, for and on behalf of the City of
Livonia, accept a cash donation in the amount of $500 00 from the
Livonia Heart Fund to the Livonia Youth Assistance Program and
does for this purpose deposit and credit the same to Account
#702-000-285-215
On a motion by Toy, seconded by Ochala, and unanimously adopted,
it was
28643
L #49-95 RESOLVED, that having considered a communication from
the Director of Community Resources, dated December 12, 1994,
approved by the Finance Director and approved for submission by
the Mayor, the Council does, for and on behalf of the City of
Livonia, accept the donation of computer equipment from
Electronic Data Systems (EDS) to the Livonia Youth Assistance
Program as indicated in the aforesaid communication
On a motion by Ochala, seconded by Jurcisin, and unanimously
adopted, it was
#50-95 RESOLVED, that having considered a communication from
the Director of Community Resources, dated December 15, 1994,
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 $1, 592 54 from
the sources indicated in the aforesaid communication; FURTHER,
the Council does hereby appropriate and credit the sum of
$1, 592 54 to Account #702-000-285-216 for use in the Senior
Citizen Programs
On a motion by Ochala, seconded by McGee, and unanimously
adopted, it was
#51-95 RESOLVED, that having considered a communication from
the City Librarian, dated December 16, 1994, 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
various gifts and cash donations in the amounts and from the
sources indicated therein for use by the Livonia Public Library
and such cash donations to be deposited in the accounts
identified in the aforesaid communication
On a motion by Ochala, seconded by McGee, and unanimously
adopted, it was
#52-95 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
McGee made the following disclosure respecting a conflict of interest on
this matter
Mr President, pursuant to the provisions of Chapter IV,
Section 9, of the Livonia City Charter and the relevant
provisions of State law, I am hereby disclosing the existence of
a conflict of interest with respect to this matter As I believe
the Council and the Administration are aware, I am an employee of
the law firm of Miller, Canfield, Paddock and Stone of Detroit,
Michigan Miller, Canfield has acted as bond counsel to the City
28644
for many years This matter involves a pending bond issue for
which Miller, Canfield has been retained by the City to act as
bond counsel As such, I have a pecuniary interest in this
matter and, under the foregoing authorities, I must abstain from
consideration of and voting upon this matter I refer to my
letter dated February 24, 1992, to the City Clerk on this subject
and would ask that these remarks be made part of the official
record of this meeting Thank you
McGee left the podium at 8 51 p m
On a motion by Jurcisin, seconded by Toy, it was
#53-95 WHEREAS, there exists in the City of Livonia, County of
Wayne, State of Michigan (the "City") , the need for certain
programs to alleviate and prevent conditions of unemployment, to
assist and retain local enterprise in order to strengthen and
revitalize the City' s economy and to encourage the location and
expansion of industrial and commercial enterprises to provide
needed services and facilities to the City and its residents; and
WHEREAS, a program to accomplish said purposes has been
initiated by The Economic Development Corporation of the City of
Livonia (the "Corporation") ; and
WHEREAS, a project (the "Project") has been proposed to the
Corporation by Madonna University, a Michigan not-for-profit
corporation and educational institution (the "University") ; and
WHEREAS, the Corporation in conformity with Act No 338, Public
Acts of Michigan, 1974, as amended ("Act 338") , has designated
the hereinafter described project area for such a Project to this
Council for its approval thereof; and
WHEREAS, it is also necessary for this Council to establish
project district area boundaries; and
WHEREAS, it is also necessary for this Council to approve the
appointment of two additional directors to the Board of Directors
of the Corporation pursuant to the provisions of Section 4 (2) of
Act 338; and
WHEREAS, the Corporation in conformity with Act 338 has prepared
and submitted a project plan (the "Project Plan") describing the
project to be undertaken on behalf of the University (the
"Project") ; and
WHEREAS, pursuant to Act 338 and the Internal Revenue Code of
1986, as amended, it is necessary to hold a public hearing
concerning the Project, the Project Plan and the bonds proposed
L
therein to be issued by the Corporation (the "Bonds") , prior to
taking legislative action relating to the Project and the Bonds
28645
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS
1 This Council does hereby certify its approval of the
Corporation's designation of the project area described in
Exhibit A hereto attached
2 This Council does hereby establish as a project district
area the property described in Exhibit B hereto attached
3 This Council does hereby certify its approval of the
individuals listed on Exhibit C as additional Directors of
the Corporation to serve in conformity with the provisions
of Section 4 (2) of Act 338
4 It is hereby determined that the requirements of Section 20
of Act 338 have been met and that the formation of a project
citizens district council is not required
5 The Council shall meet on Monday, February 6, 1995, at 8 00
o' clock p m , at which time it shall conduct a public
hearing on the Corporation' s submission of the Project Plan
and the issuance by the Corporation of the Bonds
6 The City Clerk be and is hereby directed to give notice of
such public hearing by (1) publishing a notice thereof in
the Livonia Observer, a newspaper of general circulation in
the City; (2) posting in at least ten (10) conspicuous and
public places in the project district area; and (3) mailing
to the last known owner of each parcel of real property in
the project district area at the last known address of the
owner as shown by the tax assessment records, which notices
shall be published and given at least fourteen (14) full
days prior to the date set for said hearing
7 Said notice shall be in substantially the following form
OFFICIAL NOTICE TO THE CITIZENS OF THE CITY OF LIVONIA
OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROJECT PLAN
AND THE ISSUANCE OF THE BONDS PROPOSED THEREIN
AS SUBMITTED TO THE LIVONIA CITY COUNCIL BY
THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF LIVONIA
FOR THE MADONNA UNIVERSITY PROJECT
PLEASE TAKE NOTICE that pursuant to Act 338 of the Public
Acts of Michigan of 1974, as amended, The Economic Development
Corporation of the City of Livonia (the "EDC") has submitted a
project plan to the City Council for its approval
Said project plan deals with the acquisition and
construction of certain modifications, improvements and
renovations to the educational facilities at Madonna University,
to be located on a project area or site described as follows
28646
Parcel 1, consisting of an approximately rectangular
parcel at the Northwest corner of Levan Road and
Schoolcraft Service Drive (Jeffries Expressway) with
approximately 1, 350 feet fronting on Schoolcraft
Service Drive and 1, 850 feet fronting on Levan Road
Parcel 2, consisting of an approximately rectangular
parcel at the Northeast corner of Levan Road and
Schoolcraft Service Drive (Jeffries Expressway) with
approximately 367 feet fronting on Schoolcraft Service
Drive and 300 feet fronting on Levan Road
The street addresses of the facilities are 36200 Schoolcraft
Road, 36300 Schoolcraft Road, 36600 Schoolcraft Road, and 14221
Levan Road, Livonia, Michigan 48150
The Project consists generally of the acquisition of
lighting, heating, air conditioning and ventilation, mechanical
system, and energy management system improvements and roof
replacements on or in various of the University's buildings; the
purchase of land and a structure at 36300 Schoolcraft Road and
renovations and remodeling thereof; parking lot improvements,
including lighting; telephone, computer, information system and
communications equipment replacement and upgrade, and related
work; and miscellaneous site and building improvements at the
lia University's facilities
Said project plan details all information required by law
relative to said project and its impact on the community No
persons will be displaced from the project area as a result of
this project Said project plan also proposes the issuance of
revenue bonds by the EDC in a maximum principal amount not to
exceed $5, 000, 000 to assist in the financing of said project
The revenue bonds proposed to be issued shall not be a debt of
the City and the City shall not be liable for the payment
thereof
The City Council will meet at 8 00 o'clock p m , Monday, the
6th day of February, 1995, in the Auditorium at City Hall, 33000
Civic Center Drive, Livonia, Michigan, and will conduct a public
hearing on the advisability of the Council approving, modifying
or rejecting by resolution said project plan and the issuance of
bonds as proposed therein
THIS NOTICE is given pursuant to the requirements of Section
10 and 17 of Act 338, Public Acts of Michigan, 1974, as amended,
and of Section 147 (k) of the Internal Revenue Code of 1986, as
amended The project plan and relevant maps or plats are
available for inspection at the City Planning Department
firAll interested citizens are encouraged and will be offered
an opportunity at said hearing to address the City Council
28647
concerning said project, said project plan, and the bonds
proposed to be issued Written comments may also be submitted to
the City Clerk prior to said hearing
JOAN McCOTTER
City Clerk
8 The City Council does hereby determine that the foregoing
form of notice and the manner of publication directed is
adequate notice to the citizens of the City and is well
calculated to inform them of the intention of the City to
hold a public hearing and the purpose of the public hearing
9 The City Clerk be and is hereby directed to deliver a
certified copy of this resolution to the Secretary of the
Board of the Corporation and to bond counsel
10 All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the
same hereby are rescinded
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra, Kavanagh, Ochala, Toy, Jurcisin, and Taylor
NAYS None
The President declared the resolution adopted
McGee returned to the podium at 8 52 p m
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was
#54-95 RESOLVED, that the Council does hereby discharge from
the Streets, Roads and Plats Committee from further consideration
the subject matter of a proposed sidewalk installation project on
the east and west sides of Newburgh Road from Joy Road to
Plymouth Road and on the west side only of Newburgh Road from
Plymouth Road to Schoolcraft Road, which was submitted pursuant
to Council Resolution 875-94
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
111 #55-95 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 21, 1994,
approved for submission by the Mayor, submitted pursuant to
Council Resolution 159-94 with respect to proposed sidewalk
28648
installation on the east and west sides of Newburgh Road from Joy
Road to Plymouth Road and on the west side only of Newburgh Road
from Plymouth Road to Schoolcraft Road, to which is attached
lists requiring such installation, the Council does hereby
determine to require the respective owners of lots and premises
referred to in said lists to construct and install sidewalks at
such premises referred to above, and the City Clerk is hereby
requested to do all things necessary to carry out the provisions
of this resolution which is made pursuant to Section 12 04 340 of
Title 12, Chapter 4 of the Livonia Code of Ordinances, as
amended; FURTHER, said notice shall set forth that the respective
owners of lots and premises herein referred to shall complete
said sidewalks on or before June 1, 1995, after which date the
Engineering Department shall arrange for the construction of the
said sidewalks in accordance with Section 12 04 350 of the
Livonia Code of Ordinances, as amended; FURTHER, said notice
shall also advise the respective owners of lots and premises
herein referred to that (1) if construction of sidewalks is
arranged by the Engineering Department, 75% of the construction
costs will be funded through the Transportation Enhancement Fund,
and property owners will pay only 25% of the construction costs,
and (2) if the property owner constructs and installs the
sidewalk, the property owner will be responsible for 100% of the
costs thereof
On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was
#56-95 RESOLVED, that having considered a communication from
the Mayor, dated January 18, 1995, submitted pursuant to Section
2 48 020 of the Livonia Code of Ordinances, as amended, with
respect to the appointment of Mr Tod G Jaggi, 9610 Arcola,
Livonia 48150, as a member of the Local Officers Compensation
Commission for a term which shall expire on April 2, 2001, the
Council does hereby confirm the appointment of Mr Jaggi; and it
is further provided that he take the Oath of Office as required
in Chapter X, Section 2 of the City Charter, to be administered
by the Office of the City Clerk
There was no audience communication at the end of the meeting
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, this 1,288th Regular Meeting of the Council of the City of Livonia
was adjourned at 9 00 p m , January 18, 1995
ifts
- ' ;It- 'Mt (I,t07_,
J. :n McCotter, City Clerk