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HomeMy WebLinkAboutCOUNCIL MINUTES 1994-11-09 28532 MINUTES OF THE ONE THOUSAND TWO HUNDRED AND EIGHTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 9, 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 12 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, City Attorney; Joan McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs; Michael Slater, Finance Director; Robert Alanskas, Planning Commission; and Dorothy Wilshaw, Arts Commission On a motion by Toy, seconded by McGee, and unanimously adopted, it was #788-94 RESOLVED, that the minutes of the 1,283rd Regular Meeting of the Council of the City of Livonia, held October 26, 1994, are hereby approved as corrected The previously adopted resolution, as follows #745-94 RESOLVED, that the Council does hereby refer the matter of whether or not vehicles are being spray painted outside at Dave' s Custom Collision, 29943 Eight Mile Road, Livonia, to the Inspection Department for a report and recommendation was corrected to read as follows #745-94 RESOLVED, that the Council does hereby refer the matter of vehicles being spray painted outside at Dave's Custom Collision, 29943 Eight Mile Road, Livonia, to the Inspection Department for enforcement action to be taken to eliminate such practice 28533 Council President Taylor acknowledged and congratulated the voters in the City of Livonia for their turn-out and participation in the November 8, 1994 General Election, which was conducted by the office of Joan McCotter, City Clerk There was no audience communication at the beginning of the meeting A communication from the Director of Finance, dated October 24, 1994, re forwarding various financial statements of the City of Livonia for the month ending September 30, 1994, was received and placed on file for the information of the Council On a motion by Toy, seconded by Kavanagh, it was A communication from Carol Gibson, General Manager of MetroVision of Livonia, Inc , dated October 18, 1994, re the official notice of intent to recover regulatory fees ($0 03/month increase commencing December 1994 and $0 04/month increase effective March 1995) on customers' cable TV bills beginning December 1, 1994 was received and placed on file for the information of the Council #789-94 RESOLVED, that having considered a communication from Mark D Thigpen, Car Sales Marketing Manager, Enterprise Rent-A-Car, dated October 20, 1994, wherein a request is submitted to hold a one-day auto sale of used rental vehicles at Co-Op Services Credit Union located at 29550 Five Mile Road, Livonia, Michigan 48154, on January 28, 1995, from 9 00 a m to 1 00 p m , with the inventory to be placed on the credit union property on the evening of Friday, January 27, 1995, and removed by 2 00 p m the day of the event, the Council does hereby approve of this one-day auto sale in the manner and form herein requested #790-94 RESOLVED, that having considered a letter from Robert Biga, 29846 Westfield, Livonia, Michigan 48150, dated October 19, 1994, which, in behalf of the Franklin High School Patriots Club, requests permission to place 11" x 14" lawn type signs adver- tising craft shows to be conducted on Saturday, November 19, 1994, and Saturday, March 18, 1995, at the following intersec- L tions, and which signs would be installed two weeks in advance of each show and removed the following day 28534 Joy and Inkster NW Joy and Merriman NW, NE W Chicago and Middlebelt NW, SE Joy and Farmington SE, NE Plymouth and Inkster SW, NW Plymouth and Farmington NE, SW Schoolcraft and Farmington, NE, SW Six Mile and Newburgh NE Joy and Middlebelt NW, NE W Chicago and Inkster SW Plymouth and Middlebelt SW, SE Plymouth and Merriman SW, SE Schoolcraft and Merriman NW, SW Seven Mile and Wayne NW, NE the Council does hereby approve of and concur in this request in the manner and form herein requested #791-94 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated October 20, 1994, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize B & V Construction, Inc , 48400 West Road, P 0 Box 6070, Wixom, Michigan 48393-6070, to provide snow removal services for City streets during the 1994-95 snow season for snowfalls of over four inches in accumulation when authorized to do so by the Mayor, pursuant to terms stated in the attached letter dated October 18, 1994; FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #792-94 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated October 25, 1994, approved for submission by the Mayor, with regard to proposals received from insurance carriers in connection with the City' s self-insurance program for workers' compensation, the Council does hereby authorize the Mayor and City Clerk to enter into a contract for the period December 1, 1994, through November 30, 1996, with the Aetna Casualty and Surety Company, Hartford, Connecticut 06156, to provide the City with reinsurance-excess insurance coverage when losses from any one accident exceeds $300, 000, for a total premium cost of $123, 839; and FURTHER, the Council does hereby authorize a service contract with Alexis, 17187 N Laurel Park Drive, Suite 434, Livonia, Michigan 48152, in connection with this item, the cost of which is included in the aforesaid total premium cost; and the action herein is being taken without competitive bidding in accordance with the provisions set forth in Section 3 04 140D2 and D4 of the Livonia Code of Ordinances, as amended 28535 #793-94 RESOLVED, that having considered the report and recommendation from the City Engineer, the Planning Director and the Department of Law, dated October 4, 1994, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to a proposal to realign Sears Drive and Milburn Avenue at the intersection of Plymouth Road, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation #794-94 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 20, 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 adjacent to the City-owned property in the Southeast 1/4 of Section 3 and the Northeast 1/4 of Section 10 be conveyed to Wayne County, the legal descriptions of which are as follows The South 60 feet of the following parcel of land Part of the S E 1/4 of Section 3, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at the South 1/4 corner of Section 3; thence North 0°35'46" West, 848 28 feet; thence South 89°36' 50" East, 159 90 feet; thence along the southerly line of Spring Valley Subdivision (Liber 81, page 12 to 15, Wayne County Records) South 0°34'40" East, 50 feet, and South 30°00' East, 235 feet, and South 53°00' East, 230 feet, and South 85006'16" East, 225 25 feet, and South 89°56'29" East, 0 59 feet; thence South 0°17' East, 435 60 feet; thence due West, 679 60 feet to the point of beginning (Seven Mile Road Right-of-Way, 012-99-0004-000) The North 60 feet of the following parcel of land The East 1/2 of the North 2/3 of the West 1/2 of the NE 1/4 of Section 10, T 1 S , R 9E , City of Livonia, Wayne County, Michigan (Seven Mile Road Right-of-Way, Sidwell No 037-99-0026-000) The North 60 feet of the following parcel of land Part of the N E 1/4 of Section 10, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant East 243 90 feet from the North 1/4 corner of Section 10; proceeding thence South, 1,771 feet; thence East, 430 40 feet; thence North, 1,771 feet; thence West, 430 40 feet to the point of beginning except the North 533 feet of the West 134 90 feet thereof (Seven Mile Road Right-of-Way, Sidwell No 037-99-0027-000) 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 28536 #795-94 RESOLVED, that having considered a communication from Mark V Wibel, Operating Partner for Outback Steakhouse of Michigan, dated October 17, 1994, wherein it is requested that the Council authorize additional seating for the proposed restaurant to be located in an existing shopping center on the south side of Five Mile Road between Middlebelt and Beatrice in the Northeast 1/4 of Section 23, the Council does hereby determine to amend and revise Council Resolution 554-94 so as to provide that the number of customer seats located in the proposed restaurant shall be limited to no more than 224 including those located in the bar A roll call vote was taken on the foregoing resolutions with the following result AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, Feenstra, and Taylor NAYS None On a motion by Jurcisin, seconded by Kavanagh, it was #796-94 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated November 1, 1994, and submitted pursuant to Council Resolution 752-94, in connection with the report and recommendation of the Finance Director, dated October 24, 1994, which is approved for submission by the Mayor, with regard to renewal options for liability and property insurance subsequent to the expiration of the City' s current liability and property insurance coverage with Michigan Municipal Risk Management Authority, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a proposed insurance agreement with the Michigan Municipal Risk Management Authority (MMRMA) , 14001 Merriman Road, Livonia, Michigan 48154, in the manner and form herein submitted (Option 4 with Stop Loss) for a total annual contribution of $1, 183,073 for the first year of a three year period, December 1, 1994, through December 1, 1997, with premiums for years 2 and 3 not to increase by more than 10% of the last year's contribution level unless there is a significant increase in exposure (i e , a new building is added) or the Loss Fund increases are insufficient; FURTHER, the Council does hereby authorize the said item without competitive proposals in accordance with the provisions set forth in Section 3 04 140D2 and 3 04 140D4 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor NAYS Feenstra 28537 The President declared the resolution adopted Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 94-4-1-10) 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 Ochala gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 30 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 94-6-1-12) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Toy gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 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 94-6-1-13) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Kavanagh gave first reading to the following Ordinance lbw AN ORDINANCE AMENDING SECTION 150 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED 28538 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Feenstra gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 140 OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SUBSECTION E 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, and unanimously adopted, it was #797-94 RESOLVED, that having considered a communication from Harold L Wolkind, Attorney at Law, 30833 Northwestern Highway, Suite 121, Farmington Hills, Michigan 48334, representing Robert Armistead, dated September 30, 1994, wherein it is requested that Mr Armistead be allowed to redeem certain tax-reverted property located at 9864 Stark Road (Parcel No 129-01-0092-001) , the Council does hereby deny this request On a motion by Jurcisin, seconded by Feenstra, it was RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 11, 1994, and the report and recommendation of the Inspection Department, dated October 19, 1994, which is approved for submission by the Mayor, the Council does hereby approve of the request from Chi-Chi's, Inc (a Delaware corporation) for transfer of ownership, through merger, of a 1994 Class C licensed business from Chi-Chi's USA, Inc (a Kentucky corporation) for a business located at 29330 Schoolcraft, 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 iim result AYES Jurcisin, Feenstra, and Taylor 28539 NAYS McGee, Kavanagh, Ochala, and Toy los The President declared the resolution denied On a motion by McGee, seconded by Ochala, and unanimously adopted, it was #798-94 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 11, 1994, and the report and recommendation of the Inspection Department, dated October 19, 1994, which is approved for submission by the Mayor, regarding the request from Chi-Chi' s, Inc (a Delaware corporation) for the transfer of ownership, through merger, of a 1994 Class C licensed business from Chi-Chi's USA, Inc (a Kentucky corporation) for a business located at 29330 Schoolcraft, Livonia, Michigan 48150, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Feenstra, seconded by Jurcisin, it was RESOLVED, that having considered the report and recommendation from the Department of Law, dated October 20, 1994, which bears the signature of the Superintendent of Parks and Recreation and is approved for submission by the Mayor, the Council does hereby accept the offer of Woodhaven of Livonia to exchange City-owned property located north of Five Mile and west of Hidden Lane described as The West 360 0 feet of the South 1/2 of the N E 1/4 of the SE 1/4 of Section 14, T 1S , R 9E , City of Livonia, Wayne County, Michigan, except the North 331 06 feet thereof for the sum of $7, 000 00, and the grantee conveys property to the City of Livonia described as The north 2 7 acres of the following parcel of land The east 15 ac of West 1/2 of Southeast 1/4, Section 14, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, exc N 1301 07 ft thereof; also except the S 60 ft thereof and that the cost of all title work be borne by grantee, and that grantee shall agree to be bound by a deed restriction wherein vehicular access from Hidden Lane shall be prohibited; the action herein is being taken in order to serve the interests of the community; and the Mayor and City Clerk are hereby ibm authorized for and on behalf of the City of Livonia to execute a quit claim deed containing the aforesaid conditions and such other documents as may be necessary or incidental to fulfill the 28540 purpose of this resolution; and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction A roll call vote was taken on the foregoing resolution with the following result AYES Feenstra NAYS McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor The President declared the resolution denied On a motion by Kavanagh, seconded by Ochala, it was RESOLVED, that having considered the report and recommendation from the Department of Law, dated October 20, 1994, which bears the signature of the Superintendent of Parks and Recreation and is approved for submission by the Mayor, the Council does hereby accept the offer of Woodhaven of Livonia to exchange City-owned property located north of Five Mile and west of Hidden Lane described as The West 360 0 feet of the South 1/2 of the N E 1/4 of the SE 1/4 of Section 14, T 1S , R 9E , City of Livonia, Wayne County, Michigan, except the North 331 06 feet thereof for the sum of $35,000 00 and the grantee conveys property to the City of Livonia described as The north 2 7 acres of the following parcel of land The east 15 ac of West 1/2 of Southeast 1/4, Section 14, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, exc N 1301 07 ft thereof; also except the S 60 ft thereof and that the cost of all title work be borne by grantee, and that grantee shall agree to be bound by a deed restriction wherein vehicular access from Hidden Lane shall be prohibited; the action herein is being taken in order to serve the interests of the community; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute a quit claim deed containing the aforesaid conditions and such other documents as may be necessary or incidental to fulfill the purpose of this resolution; and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction On a motion by Jurcisin, seconded by Feenstra, and unanimously adopted, it was 28541 #799-94 RESOLVED, the Council does hereby refer the matter of Lit the request from Woodhaven of Livonia to acquire City-owned property through an exchange of equivalent amount of land to the Mayor for his report and recommendation On a motion by Jurcisin, seconded by Toy, and unanimously adopted, it was #800-94 RESOLVED, that having considered a communication from the City Planning Commission, dated October 25, 1994, which transmits its resolution 10-180-94 adopted on October 18, 1994, with regard to Petition 94-10-8-23 submitted by Albert Kahn Associates, requesting site plan approval in connection with a proposal to expand St Mary Hospital located at 36475 Five Mile Road in the Northwest 1/4 of Section 20, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 94-10-8-23 is hereby approved and granted, subject to the condition that a deceleration lane be constructed on Levan Road and that a public sidewalk be constructed along Levan Road from Five Mile to the south end of the parking lot for the new addition, and along Five Mile west to the driveway of the extended care facility, and subject to the following conditions fie 1 That the Site Plan, defined as Sheet SRA-1 dated 8/8/94 by Albert Kahn Associates, is hereby approved and shall be adhered to; 2 That the Elevation Plans, defined as Sheet SRA-5 and SRA-6 dated 8/8/94 by Albert Kahn Associates, is hereby approved and shall be adhered to; 3 That the following shall be removed prior to the issuance of a Certificate of Occupancy permit - The barbed wire and support arms located on top of the chain-link fencing that surrounds the entire Felician Sisters property; - All nonconforming signage for the Angela Hospice and the Marywood Center; and 4 That all parking spaces shall be double striped On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #801-94 RESOLVED, that having considered a communication from the City Planning Commission, dated October 25, 1994, which transmits its resolution 10-181-94 adopted on October 18, 1994, with regard to Petition 94-10-8-24 submitted by Dorchen/Martin 28542 Associates, requesting site plan approval in connection with a proposal to construct an addition to the McDonald's Restaurant located at 19311 Farmington Road in the Southeast 1/4 of Section 4, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Feenstra, seconded by Ochala, and unanimously adopted, it was #802-94 RESOLVED, that having considered a communication from the City Planning Commission, dated September 1, 1994, which sets forth its resolution 8-149-94 adopted on August 30, 1994, with regard to 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 OS, and the Council having conducted a public hearing with regard to this matter on Wednesday, October 19, 1994, pursuant to Council Resolution 652-94, the Council does hereby approve Petition 94-7-1-16, as modified, for preparation of the ordinance for submission to Council, so as to rezone the east 1/2 of this property to OS and the west 1/2 of the property to P; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution On a motion by Toy, seconded by Feenstra, and unanimously adopted, it was #803-94 RESOLVED, that having considered a communication from the City Planning Commission, dated September 8, 1994, which sets forth its resolution 8-150-94 adopted on August 30, 1994, 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, and the Council having conducted a public hearing with regard to this matter on Wednesday, October 19, 1994, pursuant to Council Resolution 653-94, the Council does hereby reject the recommendation of the City Planning Commission and said Petition lbw 94-7-2-25 is hereby approved and granted subject to the following conditions 28543 1 That the loading and unloading of vehicles shall be permitted only between the hours of 7 30 a m and 6 00 p m ; 2 That the existing fence on the south and east sides of this property shall be removed as soon as possible; and 3 That a list of equipment to be parked on the premises shall be submitted to the City Ochala left the podium at 8 51 p m in order to avoid a perceived impropriety regarding the next Agenda item On a motion by Feenstra, seconded by Kavanagh, it was #804-94 RESOLVED, that having considered a communication from the City Planning Commission, dated September 22, 1994, which sets forth its resolution 9-157-94 adopted on September 20, 1994, with regard to Petition 94-8-1-17, submitted by Leo Soave Bldg , Inc for a change of zoning of property located south of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, from RUF and R-7 to R-1A, and the Council having conducted a public hearing with regard to this matter on Wednesday, November 2, 1994, pursuant to Council Resolution 692-94, the Council does hereby approve Petition 94-8-1-17 for preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result AYES McGee, Kavanagh, Toy, Jurcisin, Feenstra, and Taylor NAYS None The President declared the resolution adopted Ochala returned to the podium at 8 52 p m On a motion by Feenstra, seconded by Toy, it was RESOLVED, that having considered a communication from the City Planning Commission, dated September 26, 1994, which sets forth its resolution 9-158-94 adopted on September 20, 1994, L with regard to Petition 94-9-2-28 submitted by Ramco-Gershenson, Inc requesting waiver use approval to construct a Builders Square store on property located on the south side of Seven Mile Road between Middlebelt and Melvin Roads in the Northeast 1/4 of 28544 Section 11, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, November 2, 1994, pursuant to Council Resolution 693-94, the Council does hereby reject the recommendation of the City Planning Commission and Petition 94-9-2-28 is hereby approved and granted On a motion by Ochala, seconded by Kavanagh, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from the City Planning Commission, dated September 26, 1994, which sets forth its resolution 9-158-94 adopted on September 20, 1994, with regard to Petition 94-9-2-28 submitted by Ramco-Gershenson, Inc requesting waiver use approval to construct a Builders Square store on property located on the south side of Seven Mile Road between Middlebelt and Melvin Roads in the Northeast 1/4 of Section 11, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, November 2, 1994, pursuant to Council Resolution 693-94, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 94-9-2-28 is hereby approved and granted; FURTHER, the matter of the site plan is hereby referred to the Committee of the Whole for its report and recommendation A roll call vote was taken on the motion to substitute as follows AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor NAYS Feenstra The President declared the motion to substitute adopted On a motion by Ochala, seconded by Kavanagh, it was #805-94 RESOLVED, that having considered a communication from the City Planning Commission, dated September 26, 1994, which sets forth its resolution 9-158-94 adopted on September 20, 1994, with regard to Petition 94-9-2-28 submitted by Ramco-Gershenson, Inc requesting waiver use approval to construct a Builders Square store on property located on the south side of Seven Mile Road between Middlebelt and Melvin Roads in the Northeast 1/4 of Section 11, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on Wednesday, November 2, 1994, pursuant to Council Resolution 693-94, the Council does hereby reject the recommendation of the City Planning Commission and said Petition 94-9-2-28 is hereby approved and granted; FURTHER, the matter of the site plan is hereby referred to the Committee of the Whole for its report and recommendation 28545 A roll call vote was taken on the substitute resolution as follows AYES McGee, Kavanagh, Ochala, Toy, Jurcisin, and Taylor NAYS Feenstra The President declared the substitute resolution adopted On a motion by Jurcisin, seconded by Kavanagh, and unanimously adopted, it was #806-94 RESOLVED, that having considered a communication from the Director of Community Resources, dated October 21, 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 $1,708 73 from the sources indicated in the aforesaid communication; FURTHER, the Council does hereby appropriate and credit the sum of $1, 708 73 to Account #702-000-285-216 for use in the Senior Citizen Programs On a motion by Jurcisin, seconded by McGee, and unanimously adopted, it was iim #807-94 RESOLVED, that having considered a communication dated October 26, 1994 from the Department of Law transmitting for Council acceptance eighteen (18) Grants of Easement, more particularly described as (1) Grant of Easement dated July 12, 1993, executed by William L Niebling and Viola M Niebling, his wife, to the City of Livonia, for The North 6' of the West 114' of Lot #265, Rosedale Meadows Subdivision, S E 1/4 of Section 34, T 1 S , R 9E , City of Livonia, Wayne County, Michigan, except the South 1' of the North 6' of the East 26' of the West 56' thereof (Tax Parcel No 136-02-0265-000) (2) Grant of Easement dated July 6, 1993, executed by Bruno Galka and Genevieve Galka, his wife, to the City of Livonia, for The East 6' of the South 109' of Lot #28, Bel-Aire Gardens Subdivision, N E 1/4 of Section 35, T 1 S , R 9E , City of Livonia, Wayne County, Michigan (Tax Parcel No 137-01-0028-000) (3) Grant of Easement dated July 15, 1993, executed by Curtis D Kreutzfeld and Mary K Kreutzfeld, his wife, to the City of Livonia for 28546 The West 6' of the South 109' of Lot #27, Bel-Aire Gardens Ler Subdivision, N E 1/4 of Section 35, T 1S , R 9E , City of Livonia, Wayne County, Michigan, except the East 4' of the West 6' of the North 22' of the South 109' thereof (Tax Parcel No 137-01-0027-000) (4) Grant of Easement dated August 4, 1993, executed by George L Graff and Judith L Graff, husband and wife, to the City of Livonia for The North 6' of Lot #63, Rosedale Meadows Subdivision, S E 1/4 of Section 34, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, except the North 6' of the West 6' thereof (Tax Parcel No 136-02-0063-000) (5) Grant of Easement dated July 23, 1993, executed by Irma B Kerwin, to the City of Livonia for The South 6' of the East 114 58' of Lot #64, Rosedale Meadows Subdivision, S E 1/4 of Section 34, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan (Tax Parcel No 136-02-0064-000) (6) Grant of Easement dated August 16, 1993, executed by John L Vitale, a single man, to the City of Livonia for The North 6' of the East 111' of Lot #274, Rosedale Meadows Subdivision, S E 1/4 of Section 34, T 1S , R 9E , City of Livonia, Wayne County, Michigan (Tax Parcel No 136-02-0274-000) (7) Grant of Easement dated August 24, 1993, executed by Paul S Artley, a single man, to the City of Livonia for The South 6' of the East 111' of Lot #273, Rosedale Meadows Subdivision, S E 1/4 of Section 34, T 1S , R 9E , City of Livonia, Wayne County, Michigan, except the North 1' of the South 6' of the West 26' of the East 63' thereof (Tax Parcel No 136-02-0273-000) (8) Grant of Easement dated July 6, 1993, executed by John Gozdzialski and Ann Gozdzialski, his wife, to the City of Livonia for The North 6' of the West 106' of Lot #1462, Rosedale Gardens Subdivision No 8, N W 1/4 of Section 34, T 1 S , R 9 E. , City of Livonia, Wayne County, Michigan, except the South 1' of the North 6' of the East 25' of the West 54' thereof (Tax Parcel No 134-02-1462-000) ibr (9) Grant of Easement dated July 12, 1993, executed by Iva Marie Malane, to the City of Livonia for 28547 The North 6' of the East 106' of Lot #1677, Rosedale Gardens LSubdivision No 8, N.W 1/4 of Section 34, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan (Tax Parcel No 134-03-1677-000) (10) Grant of Easement dated July 21, 1993, executed by Theresa M Moreland and Linda L Sheeder, to the City of Livonia for The North 6' of Lot #223, Buckingham Village Subdivision No 2, S E 1/4 of Section 24, T 1S , R 9E , City of Livonia, Wayne County, Michigan, except the West 6' thereof, also except the South 2' of the North 6' of the East 23' of the West 29' thereof (Tax Parcel No 096-02-0223-000) (11) Grant of Easement dated July 26, 1993, executed by Keith Lakatos and Karen Lakatos, his wife, to the City of Livonia for The South 6' of the East 114' of Lot #222, Buckingham Village Subdivision No 2, S E 1/4 of Section 24, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, except the North 1' of the South 6' of the West 21' of the East 69' thereof (Tax Parcel No 096-02-0222-000) (12) Grant of Easement dated July 23, 1993, executed by Abraham R Jimenez and Theresa B Jimenez, his wife, to the City of Livonia for The North 6' of the West 114' of Lot #49, Buckingham Village Subdivision, S E 1/4 of Section 24, T 1S , R 9E , City of Livonia, Wayne County, Michigan (Tax Parcel No 096-01-0049-000) (13) Grant of Easement dated August 19, 1993, executed by Britt W Ponte and Colleen M Ponte, his wife, to the City of Livonia for The South 6' of the West 114' of Lot #48, Buckingham Village Subdivision, S E 1/4 of Section 24, T 1S , R 9E , City of Livonia, Wayne County, Michigan, except the North 1' of the South 6' of the East 21' of the West 113' thereof (Tax Parcel No 096-01-0048-000) (14) Grant of Easement dated August 13, 1993, executed by Daniel J Rathwell and Judith A Kaminski, his wife, to the City of Livonia for The South 6' of the East 114' of Lot #168, Tiffany Park Subdivision, S W 1/4 of Section 19, T 1S , R 9E , City Lof Livonia, Wayne County, Michigan, except the North 1' of the South 6' of the West 41' of the East 70' thereof (Tax Parcel No 075-01-0168-000) 28548 (15) Grant of Easement dated August 18, 1993, executed by Joe P Sanchez and Barbara J Sanchez, husband and wife, to the City of Livonia for The North 6' of the East 114' of Lot #169, Tiffany Park Subdivision, S W 1/4 of Section 19, T 1S , R 9E , City of Livonia, Wayne County, Michigan (Tax Parcel No 075-01-0169-000) (16) Grant of Easement dated July 26, 1993, executed by Kenneth W Oliver and Vicki L Oliver, his wife, to the City of Livonia for The North 6' of the West 114' of Lot #175, Golfview Meadows Subdivision #2, N W 1/4 of Section 16, T 1 S , R 9 E City of Livonia, Wayne County, Michigan, except the South 4' of the North 6' of the East 10' of the West 109' thereof (Tax Parcel No 065-02-0175-000) (17) Grant of Easement dated July 23, 1993, executed by Bruce L Montambeau, a married man, to the City of Livonia for The South 6' of the West 114' of Lot #174, Golfview Meadows Subdivision #2, N W 1/4 of Section 16, T 1 S , R 9 E City of Livonia, Wayne County, Michigan (Tax Parcel No 065-02-0174-000) (18) Grant of Easement dated October 25, 1994, executed by Suzanne Montambeau to the City of Livonia for The South 6' of the West 114' of Lot #174, Golfview Meadows Subdivision #2, N W 1/4 of Section 16, T 1 S , R 9 E City of Livonia, Wayne County, Michigan (Tax Parcel No 065-02-0174-000) the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grants of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution A communication from Kenneth Miencier, dated November 2, 1994, re his resignation effective November 9, 1994 from the Zoning Board of Appeals was received and placed on file for the information of the Council The President relinquished the Chair to the Vice President at 9 25 p m On a motion by Taylor, seconded by Feenstra, and unanimously ibr adopted, it was 28549 #808-94 RESOLVED, that pursuant to Section 21 02 of the Zoning ibot Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Sean P Brosnan, 11320 Arden, Livonia, Michigan 48150, is hereby appointed to the Zoning Board of Appeals effective November 9, 1994, to fill the unexpired term of Kenneth Miencier, ending July 12, 1995, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207, and further provided that he takes 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 The President resumed the Chair at 9 26 p m During the audience communication portion of the meeting, Milton Holley, 14821 Farmington Road, Livonia, questioned the action taken in item #20, the rezoning for MetroVision of Livonia Being a WWII vet, he also notified the viewing audience that they are bringing 17 of our boys back from Vietnam Sixteen of them will be buried on Friday at Arlington Cemetery, and the Vietnam Vets will be performing a burial for the seventeenth (a Michigan boy) at the Memorial Garden at Novi and Twelve Mile Road On a motion by Toy, seconded by Kavanagh, and unanimously adopted, this 1,284th Regular Meeting of the Council of the City of Livonia was adjourned at 9 28 p m , November 9, 1994 1-/A)( Joan k cCotter, City Cler F/