HomeMy WebLinkAboutCOUNCIL MINUTES 1994-09-14 28441
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTIETH
LREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On September 14, 1994, 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 03 p m Councilmember McGee delivered
the invocation
Roll was called with the following result Michael P McGee,
Sean P Kavanagh, Ron Ochala, Laura M Toy, Dale A Jurcisin, Fernon P
Feenstra, and Gerald Taylor Absent None
Elected and appointed officials present Robert D Bennett,
Mayor; John Nagy, City Planner; Gary D Clark, Assistant City Engineer;
Cathryn K White, Chief Assistant City Attorney; Joan McCotter, City Clerk;
and Karen A Szymula, Director of Legislative Affairs
limOn a motion by Feenstra, seconded by Kavanagh, and unanimously*
adopted, it was
#641-94 RESOLVED, that the minutes of the 1, 279th Regular
Meeting of the Council of the City of Livonia, held August 29,
1994, are hereby approved as submitted
*Councilmember Jurcisin abstained from voting which is recorded as a "yes"
vote under the provisions of Section 2 04 190B of the Livonia Code of
Ordinances
Councilmember Feenstra presented a commendation to Sharron G
Brown on behalf of the Livonia City Council for her 12 years of service
on the Zoning Board of Appeals, and extended appreciation on behalf of the
community for all of her contributions during that period of time Ms
Brown served as Secretary, Vice Chair, and first woman Chair of the Board
imm
Mayor Robert D Bennett presented a commendation to Harry C
Tatigian on behalf of the Offices of the Mayor and the Livonia City Council
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for his 31 years of outstanding service to the citizens and public
officials of the City of Livonia as its City Attorney In addition to
serving in the government of the City, Mr Tatigian has also served the
community and the legal profession as a member of numerous boards and
organizations, as well as taught at several schools and colleges In 1989,
he received the Distinguished Municipal Attorney Award for the State of
Michigan
Additionally, the Mayor presented 10 1994 Beautification Awards
to various establishments within the categories of Shopping Centers, Office
Buildings, Apartments/Condos, Subdivision Entrances/Residences/Cemeteries,
and Commercial located in Livonia in recognition of their outstanding
achievement and efforts to keep Livonia a beautiful place
There was no audience communication at the beginning of the
meeting
A communication from the Director of Finance, dated August 25,
1994, re various financial statements of the City of Livonia for the month
ending July 31, 1994, was received and placed on file for the information
of the Council
A communication from the Office of the Mayor, dated September 14,
1994, re the 1994-95 Preliminary Budget for the City was received and
placed on file for the information of the Council
On a motion by Toy, seconded by McGee, it was
#642-94 RESOLVED, that having considered an application from
Cliff and Marie Lamberg, 14339 Hubbard, dated August 23, 1994,
requesting permission to close that portion of Hubbard Street
between Perth and Allen on October 1, 1994, from 2 00 p m to
8 00 p m for the purpose of conducting a block party, the
Council does hereby grant permission as requested, including
lig therein permission to conduct the said affair on October 2, 1994,
in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department
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#643-94 RESOLVED, that the Council does hereby refer the
subject of the procedure for approval of block party requests to
the Legislative Committee for its report and recommendation
#644-94 RESOLVED, that having considered a letter from Diane
Diebel, 8942 Laurel, Livonia, Michigan 48150, dated August 22,
1994, wherein it is requested that a sidewalk be installed on the
south side of Ann Arbor Trail between Hanlon and Norwich, the
Council does hereby request that the Engineering Department
submit its report and recommendation with respect to the
appropriate property on which to place such sidewalk and with
respect to completing the work requested in accordance with
procedures set forth in Section 12 04 340, Et Seq (Single Lot
Assessment) of the Livonia Code of Ordinances
#645-94 RESOLVED, the Council does hereby request that the
Engineering Department submit its report and recommendation with
respect to all possible areas on Ann Arbor Trail that may need
sidewalks
A communication from the Office of the City Clerk, dated August
29, 1994, re adoption of a 1994 tax rate resolution by the Board of
Education of the Wayne County Regional Educational Service Agency was
received and placed on file for the information of the Council
#646-94 RESOLVED, by the City Council of the City of Livonia,
that the annual Christmas Parade be, and hereby is approved for
Saturday, November 19, 1994, beginning at 9 00 a m ; and that the
Wayne County Road Commission is hereby requested to close Six
Mile Road from Inkster to Middlebelt Road between the hours of
6 00 a m and 11 00 a m ; Seven Mile Road from Merriman to
Inkster between the hours of 9 00 a m and 11 00 a m ; and
Middlebelt Road from Six Mile to Eight Mile between the hours of
8 30 a m and 11 00 a 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 in behalf of the
City of Livonia
#647-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated August 29,
1994, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, wherein it is recommended
that the City proceed with City Hall Annex Building exterior wall
repairs, the overall estimated price of which is $99, 000 00, the
Council does hereby determine as follows
1 To approve the utilization of the panel brick alternative as
recommended; and
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2 To authorize the Director of Public Works to take
competitive bids for the City Hall Annex Building exterior
wall repair project
#648-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated August 29,
1994, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, wherein it is recommended
that the City proceed with City Hall Annex Building exterior wall
repairs, the overall estimated price of which is $99, 000 00, the
Council does hereby refer the subject of material selection to
the Capital Improvement Committee for its report and
recommendation
#649-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated August 29,
1994, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, wherein it is recommended
that the City proceed with the removal of underground storage
tanks at the Public Service Division complex and Fire Station No
6, the Council does hereby authorize the Director of Public Works
to advertise and seek competitive bids for the removal of three
underground storage tanks at the Public Service Administration
Office, one underground storage tank at the Public Service
Equipment Maintenance Garage, and one underground storage tank at
Fire Station No 6
#650-94 RESOLVED, that having considered a communication from
the City Engineer, dated August 25, 1994, which bears the
signature of the Finance Director and is approved for submission
by the Mayor, and to which is attached a proposed tri-party
agreement between the City, Wayne County and C S X
Transportation relating to the Merriman Road Grade Separation
Project, the Council does hereby authorize the Mayor and City
Clerk to affix their signatures to such contract for and on
behalf of the City of Livonia; and to do all other things
necessary or incidental to the full performance of the
resolution; FURTHER, the Council does hereby approve and
appropriate the total sum of $1, 070, 923 21 from the $12 Million
General Obligation Road Improvement Bond Issue for the purposes
of (a) reimbursing C S X Transportation for certain railroad
track and fiber optic force account work associated with the
aforesaid Grade Separation Project ($1, 030,172 21) and (b)
purchasing the Merriman Road right-of-way and highway easement
areas, as described in the aforesaid communication, from C S X
Transportation ($40, 750 00) on behalf of the County of Wayne; and
FURTHER, the City Clerk is requested to transmit the executed
copies of said Tri-Party Agreement to the County of Wayne for
purposes of executing the agreement on behalf of the County
#651-94 RESOLVED, that having considered a communication from
the City Planning Director, dated August 25, 1994, which
transmits resolution 94-1 adopted by the Plymouth Road
Development Authority on June 2, 1994, with regard to the bylaws
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for the Plymouth Road Development Authority, the Council does
ILI hereby refer this matter to the Legislative Committee for its
report and recommendation
#652-94 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, October 19, 1994, at
8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item
Petition 94-7-1-16, submitted by Charles Tangora for
MetroVision of Livonia, Inc for a change of zoning of
property located on the west side of Farmington Road,
north of Lyndon Avenue, in the Northeast 1/4 of Section
21, from R-2 to 0 S , the City Planning Commission in
its resolution 8-149-94 adopted on August 30, 1994,
having recommended to the City Council that Petition
94-7-1-16 be approved;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature of
the proposed amendment to the Zoning Ordinance, and/or (b)
location of the proposed change of zoning as set forth above,
first to be published in the official newspaper of the City or a
newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by certified mail to
each public utility company and to each railroad company owning
or operating any public utility or railroad within the districts
or zones affected; and FURTHER, the City Clerk is requested to do
all other things necessary or incidental to the full performance
of this resolution
#653-94 RESOLVED, that having considered a communication from
Edward L McIntosh, owner of Clippers Lawn Maintenance, dated
September 5, 1994, which in accordance with the provisions of
Section 19 08 of Ordinance 543, as amended, the Zoning Ordinance,
takes an appeal from a determination made on August 30, 1994, by
the City Planning Commission in its resolution 8-150-94 with
regard to Petition 94-7-2-25 submitted by Clippers Lawn
Maintenance requesting to amend the conditions of a previous
waiver use approval so as to allow for the outdoor storage of
additional landscape material and equipment in conjunction with
an existing landscaping maintenance business located on the
southwest corner of Hugh Avenue and Eight Mile Road in the
Northeast 1/4 of Section 2, which property is zoned M-1, the
Council does hereby designate Wednesday, October 19, 1994 at 8 00
p m as the date and time for conducting a public hearing with
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regard to this matter, such hearing to be held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and the City Clerk
is hereby requested to do all things necessary in order to give
proper notice in writing, as well as by the publication of a
notice in the City's official newspaper of such hearing and the
date and place thereof, in compliance with the requirements set
forth in Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia
#654-94 RESOLVED, that having considered a communication from
John B Carlin, Jr of Plunkett & Cooney, representing Liberty
One Corporation, dated September 1, 1994, which in accordance
with the provisions of Section 19 08 of Ordinance 543, as
amended, the Zoning Ordinance, takes an appeal from a
determination made on August 30, 1994, by the City Planning
Commission in its resolution 8-151-94 with regard to Petition
94-8-2-26 submitted by Norm LePage/Liberty One Corp , d/b/a East
Side Mario's, requesting waiver use approval to expand the
seating capacity for a full service restaurant to be located in
an existing building located on the north side of Plymouth Road
between Hubbard Avenue and Merriman Road in the Southeast 1/4 of
Section 27, which property is zoned C-2, the Council does hereby
designate Monday, October 10, 1994, at 7 00 p m as the date and
time for conducting a public hearing with regard to this matter,
such hearing to be held at the City Hall, 33000 Civic Center
Drive, Livonia, Michigan; and the City Clerk is hereby requested
to do all things necessary in order to give proper notice in
writing, as well as by the publication of a notice in the City's
official newspaper of such hearing and the date and place
thereof, in compliance with the requirements set forth in
Ordinance 543, as amended, the Zoning Ordinance of the City of
Livonia
#655-94 RESOLVED, that having considered a communication from
the Director of Finance, dated August 31, 1994, and approved for
submission by the Mayor, the Council does hereby determine to
conduct a public hearing on Monday, October 10, 1994, at 8 00
p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items
1 The proposed annual budget for the City of Livonia for the
fiscal year ending November 30, 1995, and
2 The public hearing required by Act 5 PA 1982, in connection
with the Truth in Taxation hearing;
and the City Clerk shall give adequate public notice of said
public hearing in accordance with provisions of law and City
Charter
A roll call vote was taken on the foregoing resolutions with the following
result
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AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and
Taylor
NAYS None
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was
#656-94 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage & Waste
Disposal Study Committee, dated August 30, 1994, submitted
pursuant to Council Resolution 320-94, with regard to the erosion
problem which may exist along the banks of the Bell Creek
adjacent to residential property in the Rennolds' Ravines
Subdivision, the Council does hereby refer the subject of
establishing a storm water utility system to the Department of
Public Service for its report and recommendation including
therein input from the Finance Director with respect to funding
such a utility system; provided FURTHER, that Council Resolution
320-94 shall remain in committee for further consideration
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was
lio #657-94 RESOLVED, that having considered the report and
recommendation of the Water Supply, Drainage, Sewage & Waste
Disposal Study Committee, dated August 30, 1994, submitted
pursuant to Council Resolution 320-94, with regard to the erosion
problem which may exist along the banks of the Bell Creek
adjacent to residential property in the Rennolds' Ravines
Subdivision, the Council does hereby refer the subject of the use
of Chapter 8 of the Drain Code to fund improvements on this site
to the Department of Law for its report and recommendation;
provided FURTHER, that Council Resolution 320-94 shall remain in
committee for further consideration
Feenstra gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND
PUBLIC GROUND (Petition 94-6-3-6)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
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Jurcisin took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND
PUBLIC GROUND (Petition 94-3-3-3)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Taylor
NAYS McGee, Kavanagh, Ochala, Toy, Jurcisin, and Feenstra
The President declared the foregoing Ordinance denied
On a motion by McGee, seconded by Toy, and unanimously adopted,
it was
#658-94 RESOLVED, that having considered a communication from
the City Assessor, dated August 3, 1994, approved for submission
by the Mayor, with regard to a request from Robert A Closser,
3929 Shady Beach, Orchard Lake, Michigan 48324, and in accordance
with the provisions of 1967 PA 288, as amended, as well as
Section 18 46 of Ordinance 543, as amended, the Council does
lbw hereby determine to deny the request for dividing Tax Item No 46
091 01 0010 000 into two parcels since the same would be in
violation of the City's Zoning Ordinance and law, as well as for
the reason that the proposed lot split would not be consistent
with good planning and zoning practice
On a motion by Toy, seconded by Feenstra, it was
#659-94 RESOLVED, that having considered a communication from
the City Assessor, dated August 3, 1994, approved for submission
by the Mayor, with regard to a request from Robert A Closser,
3929 Shady Beach, Orchard Lake, Michigan 48324, regarding a
proposed lot split for Tax Item No 46 091 01 0010 000, north of
Schoolcraft and east of Merriman (14360 Hillcrest) , the Council
does hereby refer the matter of appropriateness of lot sizes in
this entire zoning district and the history of any lots that have
been split in that area to the Planning Department for its report
and recommendation
A roll call vote was taken on the foregoing resolution with the following
result
AYES Ochala, Toy, Jurcisin, and Feenstra
Ist
NAYS McGee, Kavanagh, and Taylor
The President declared the resolution adopted
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On a motion by Kavanagh, seconded by Toy, it was
#660-94 RESOLVED, the Council does hereby refer the subject of
possible enhancement of fees for second requests for lot splits
regarding the same land and the same owner to the Department of
Law for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Kavanagh, Toy, and Jurcisin
NAYS Ochala, Feenstra, and Taylor
The President declared the resolution adopted
On a motion by McGee, seconded by Toy, it was
RESOLVED, the Council does hereby refer the question of
whether notice by mail of proposed lot splits should be given to
nearby property owners in the same manner as proposed rezonings,
etc , to the Legislative Committee for its report and
recommendation
160 A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Kavanagh, and Toy
NAYS Ochala, Jurcisin, Feenstra, and Taylor
The President declared the resolution denied
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#661-94 RESOLVED, that having considered a communication from
the City Assessor, dated August 18, 1994, approved for submission
by the Mayor, with regard to a request from Mr Dominic Deiriggi,
33122 Joy, Livonia, Michigan 48150, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46
of Ordinance 543, as amended, the Council does hereby approve of
the proposed division of Tax Item No 46 120 02 0534 000 into
three parcels, the legal descriptions of which shall read as
follows
PARCEL G.
lim Part of Lot 534 of "Supervisor's Livonia Plat No 9" of part of
the S E 1/4 of Sec 30, T iS , R 9E , as recorded in Liber 66,
Page 60 of Plats, Wayne County Records, more particularly
described as follows commencing at the S W corner of Lot 534;
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thence N 01°54' 10" W 28 09 feet along the West line of Lot 534
to the point of beginning, thence continuing along said West line io of Lot 534 N 01°54' 10" W 197 00 feet; thence N 88°05' 50" E
67 10 feet; thence S 01°54' 10" E 216 28 feet along the East
line of Lot 534; thence N 75°52' 20" W 69 81 feet along the
proposed 60' R 0 W line of Plymouth Road to the point of
beginning Containing 0 3183 acres Subject to easements and
restrictions of record
PARCEL H.
Part of Lot 534 of "Supervisor' s Livonia Plat No 9" of part of
the S E 1/4 of Sec 30, T 1S , R 9E , as recorded in Liber 66,
Page 60 of Plats, Wayne County Records, more particularly
described as follows commencing at the S W corner of Lot 534;
thence N 01°54' 10" W 225 09 feet along the West line of Lot 534
to the point of beginning; thence continuing along said West line
of Lot 534 N 01°54'10" W 186 56 feet; thence N 88°05' 50" E
67 10 feet; thence S 01°54' 10" E 186 56 feet along the East
line of Lot 534; thence S 88°05' 50" W 67 10 feet to the point
of beginning Containing 0 2874 acres Subject to easements and
restrictions of record
PARCEL I .
Part of Lot 534 of "Supervisor's Livonia Plat No 9" of part of
the S E 1/4 of Sec 30, T 1S , R 9E , as recorded in Liber 66,
Ito Page 60 of Plats, Wayne County Records, more particularly
described as follows commencing at the S W corner of Lot 534;
thence N 01°54' 10" W 411 65 feet along the West line of Lot 534
to the point of beginning; thence continuing along said West line
of Lot 534 N 01°54' 10" W 193 46 feet; thence N 88°00' 53" E
67 10 feet along the North line of Lot 534; thence S 01°54' 10"
E 193 56 feet along the East line of Lot 534; thence S
88°05' 50" W 67 10 feet to the point of beginning Containing
0 2981 acres Subject to easements and restrictions of record
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference; and the City Clerk is hereby
requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds;
provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals; provided FURTHER, that the action
taken herein is contingent upon the full dedication of the
Plymouth Road right-of-way abutting this property
Kavanagh left the podium at 8 50 p m in order to avoid a perceived
impropriety regarding the next Agenda item
On a motion by Toy, seconded by McGee, it was
Ike
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#662-94 RESOLVED, that having considered a communication dated
August 29, 1994, from the Department of Law transmitting for
Council acceptance a Natural Use, Scenic and Open Space Easement,
more particularly described as
Natural Use, Scenic and Open Space Easement, dated August
25, 1994, executed by Fredrick J Schuster, Manager of
Livonia Parishes Federal Credit Union, a Federally Chartered
Credit Union, to the City of Livonia, for the following
described property
A parcel of land in the Northeast 1/4 of Section 20, T
1 S , R 9 E , City of Livonia, Wayne County, Michigan,
described as having a point of beginning being located
by the following two courses from the North 1/4 corner
of said Section 20, S 89°53' 15" East, 330 00 feet
along the north line of said Section 20 and the
centerline of Five Mile Road and S 00°02' 32" East,
310 0 feet; thence S 89°53' 15" East, 225 00 feet;
thence S 00°02'32" East, 71 01 feet; thence S
79°19'22" West, 55 84 feet, along the northerly
subdivision line of Rennolds' Ravines Subdivision as
recorded in Liber 101, page 51-53, Wayne County
Records; thence S 25°10' 00" West, 77 57 feet; thence
S 62°34' 05" West, 154 39 feet; thence N 00°02'32"
West, 222 53 feet to the point of beginning
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Natural Use, Scenic and Open Space
Easement
A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Ochala, Toy, Jurcisin, Feenstra, and Taylor
NAYS None
The President declared the resolution adopted
Kavanagh returned to the podium at 8 51 p m
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was
#663-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 24, 1994, which
transmits its resolution 8-140-94, adopted on August 16, 1994,
with regard to Petition 94-6-2-19, submitted by Herc's Roast Beef
1110 requesting waiver use approval to increase the floor area and
seating capacity of an existing restaurant on property located on
the south side of Plymouth Road between Ann Arbor Road and Levan
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Road in the Northwest 1/4 of Section 32, which property is zoned
C-2, the Council does hereby concur in the recommendation made by
the City Planning Commission and Petition 94-6-2-19 is hereby
approved and granted subject to the condition that a "No Exit"
sign be posted on the west driveway and subject to the following
additional conditions
1 That the Site Plan dated 7-7-94, as revised, prepared by
Ivan Benda, Architect, which is hereby approved, shall be
adhered to;
2 That the Building Elevation Plan dated 6-16-94 prepared by
Ivan Benda, Architect, which is hereby approved, shall be
adhered to;
3 That the maximum number of customer seats shall not exceed
137;
4 That any roof-top mechanical units shall be screened from
public view on all four sides; and
5 That the Planning Commission will be given a copy of the
lease when it is signed and the Commission shall have the
option to cancel this resolution if this is not done within
seven days
LioOn a motion by Feenstra, seconded by Ochala, it was
#664-94 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated July 8, 1994, and a
report and recommendation of the Chief of Police, dated August 8,
1994, approved for submission by the Mayor, the Council does
hereby approve of the request from Norman R LePage, stockholder
in Liberty One Corporation, for transfer of ownership of a 1993
Class C licensed business (in escrow) with Entertainment Permit
from Paul Sabatini and for a new Official Permit (Food) for a
business located at 31630 Plymouth Road, Livonia, Michigan, Wayne
County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Ochala, Toy, Jurcisin, Feenstra, and Taylor
NAYS Kavanagh
The President declared the resolution adopted
lisOn a motion by Feenstra, seconded by Ochala, it was
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#665-94 WHEREAS, pursuant to due and proper notice published
tal
and mailed to all property owners in Special Assessment District
No 374 for a proposed street improvement consisting of 28' wide
full depth asphalt pavement with mountable asphalt curbs
(Alternate III) on Munger Road, east of Merriman, in the
Northwest 1/4 of Section 14, in the City of Livonia, Wayne
County, Michigan, as required by the provisions of the City
Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances,
as amended, a public hearing thereafter having been held thereon
on Wednesday, August 10, 1994, at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and the City Council having duly
met and reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the
district portion of the cost of a street improvement to be
constructed in Special Assessment District No 374; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments
set forth in said Special Assessment Roll, as revised, dated
August 11, 1994, in the amount of $162,454 35, are fair and
equitable and based upon benefits to be derived by
Iiir construction of improvements proposed in said district in
accordance with the plans of the City Engineer and
resolutions of the City Council, with the exception that Lot
43B is hereby excluded from said roll;
(2) Said Special Assessment Roll No 374 is hereby approved and
confirmed in all respects, effective January 1, 1995;
(3) The amount of said roll shall be divided into fifteen (15)
equal annual installments with interest at the rate of eight
(8%) percent per annum on the unpaid balance of the
assessment from December 1, 1995 Said interest shall be
payable on each installment due date, provided, however,
that after the issuance of bonds in anticipation of the
collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more
than l% above the average rate of interest borne by said
bonds In such cases where the installments will be less
than Ten Dollars ($10 00) , the number of installments shall
be reduced so that each installment shall be above and as
near Ten Dollars ($10 00) as possible The first
installment shall be due and payable December 1, 1995,
and subsequent installments on December 1st of succeeding
years;
Ile
(4) Pursuant to the provisions of Section 3 08 130 of the
Livonia Code of Ordinances, as amended, the City Clerk shall
endorse the date of confirmation on the assessment roll, and
the said assessment roll shall then be immediately
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transmitted to the City Treasurer who shall then publish
notice as is required by Section 3 08 190 of the Livonia
Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190
Any property owner assessed may pay the whole or any part of
the assessment without interest or penalty up to December 1,
1995;
(5) The first installment shall be spread upon the 1996 City tax
roll in the manner required by Section 3 08 210 of the
Livonia Code of Ordinances, as amended, together with
interest upon all unpaid installments from December 1, 1995
and thereafter one (1) installment shall be spread upon each
annual tax roll together with one (1) year's interest upon
all unpaid installments; provided, however, that when any
annual installment shall have been prepaid in the manner
provided in Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the
expiration of the sixty (60) day period as provided by
Section 3 08 220 then there shall be spread upon the tax
roll for such year only the interest for all unpaid
installments; and
(6) The City Council does hereby determine to pay 15% of the
paving costs ($28, 668 41) and 100% of drainage costs
($65,200 00) for a total amount of $93, 868 41
A roll call vote was taken on the foregoing resolution with the following
result
AYES McGee, Kavanagh, Ochala, Jurcisin, and Feenstra
NAYS Toy and Taylor
The President declared the resolution adopted
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#666-94 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of items that do not appear on the
agenda
On a motion by Feenstra, seconded by Ochala, and unanimously
110 adopted, it was
28455
#667-94 RESOLVED, that the Council does hereby rescind and
repeal Council Resolution 632-94, adopted on August 29, 1994,
which previously approved a request from John B Carlin, Jr of
Plunkett & Cooney on behalf of Outback Detroit Joint Venture for
a new full-year Michigan Liquor Control Commission Class C liquor
license for a proposed restaurant to be located at Five Mile and
Middlebelt Roads in the Mid-Five Shopping Center, Livonia,
Michigan
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
#668-94 RESOLVED, that having considered a letter dated July
12, 1994, from John B Carlin, Jr of Plunkett & Cooney, in
behalf of Outback Steakhouse of Florida, Inc and Wibel &
Associates, Inc , requesting reconsideration of an application
for a new full-year Michigan Liquor Control Commission Class C
liquor license for a proposed Outback Steakhouse restaurant to be
constructed at the southwest corner of Five Mile and Middlebelt
Roads in the Mid-Five Shopping Center, Livonia, Michigan, the
Council does hereby take this means to advise the Michigan Liquor
Control Commission that the City approves the said request "above
all others" ; and the City Clerk is hereby requested to transmit a
certified copy of this resolution to the Michigan Liquor Control
Commission
There was no audience communication at the end of the meeting
Councilmember Kavanagh reported that Jack Fegan, Director of
Inspection, is recovering nicely from his recent surgery
Councilmember Jurcisin extended greetings to his sister who is
visiting from California
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, this 1,280th Regular Meeting of the Council of the City of Livonia
was adjourned at 9 00 p m , September 14, 1994
J n McCotter, City Clerk