HomeMy WebLinkAboutCOUNCIL MINUTES 1993-07-21 27747
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FIFTY-THIRD
isa REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On July 21, 1993, 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 8:06 p.m. Councilmember Jurcisin delivered the
invocation.
Roll was called with the following result: Dale A. Jurcisin,
Fernon P. Feenstra, Michael P McGee, Sean P Kavanagh, Laura M. Toy, and
Gerald Taylor. Absent Ron Ochala.
Elected and appointed officials present: Robert D. Bennett,
Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Harry
Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A Szymula,
Director of Legislative Affairs; James Andres, Chief Accountant; Edith
Davis, Personnel Director; Ronald Reinke, Superintendent of Parks and
Recreation; William LaPine, Planning Commission; Arthur Sippola, Traffic
Commission; and David Parr, Zoning Board of Appeals Chairman.
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was:
#562-93 RESOLVED, that the minutes of the 1,252nd Regular
Meeting of the Council of the City of Livonia, held July 7, 1993,
are hereby approved as submitted
Mayor Robert D. Bennett presented a 10-year service award pin to
Councilmember Dale A. Jurcisin in recognition for service to the City of
Livonia, which included serving on the Cable Commission, the Civil Service
Commission, and the City Council
Councilmember McGee presented a commendation to Valda I.
Vandersloot for her six (6) years of service on the City of Livonia Zoning
Board of Appeals, which included three (3) years as Secretary and two (2)
years as Vice Chair, and extended the Council's appreciation on behalf of
the community for her contributions.
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Councilmember Jurcisin presented a commendation to Karl R. Lukens
Imo for his six (6) years of service on the City of Livonia Zoning Board of
Appeals, and extended the Council's appreciation on behalf of the community
for his contributions.
No one spoke during the audience communication portion at the
beginning of the meeting.
On a motion by Feenstra, seconded by Kavanagh, it was:
#563-93 RESOLVED, that having considered an application from
Nancy Kane, 18412 Queensbury, dated June 28, 1993, requesting
permission to close Queensbury Drive between Caliburn and Manor
Lane on Saturday, August 21, 1993, from 12:00 noon to 10:00 p m. ,
for the purpose of conducting a block party, the Council does
hereby grant permission as requested, including therein
permission to conduct the said affair on Sunday, August 22, 1993,
in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
#564-93 RESOLVED, that having considered an application from
Mary Beth Morris, 33110 Oregon, and Robin Roos, 9270 Woodring,
16.
dated June 30, 1993, requesting permission to close Woodring
Street between Vermont and Oregon on Sunday, August 8, 1993, from
1:00 p.m. to 10:00 p.m , for the purpose of conducting a block
party, the Council does hereby grant permission as requested, the
action taken herein being made subject to the approval of the
Police Department
#565-93 RESOLVED, that having considered a letter from the
Michigan Municipal League, dated June 24, 1993, with regard to
the 95th Annual Convention of the League to be held in Marquette,
Michigan, on September 9 - 11, 1993, the Council does hereby
designate Mayor Robert D. Bennett as the Official Representative
and Voting Delegate of the City of Livonia at the Annual Meeting
and does further designate Councilmember Dale Jurcisin as the
alternate; and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this
resolution.
A communication from the Civil Service Department, dated June 25,
1993, re: the procedure that may be utilized by charities requesting
participation in a payroll deduction plan was received and placed on file
for the information of the Council (CR 878-92)
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#566-93 RESOLVED, that having considered the report and
Lir recommendation of the Personnel Director, dated June 25, 1993,
approved by the Finance Department and approved for submission by
the Mayor, and submitted pursuant to Council Resolution 878-92
with regard to establishing a procedure to be utilized by parties
requesting participation in a payroll deduction plan, the Council
does hereby determine and request that the procedure to be
utilized in this regard should consist of limiting such requests
to those submitted by employees seeking the implementation of a
payroll deduction for designated charities, which requests are to
be submitted to the Civil Service Commission on either an annual
or semiannual basis for its consideration and disposition.
A communication from the Livonia Housing Commission, dated June
23, 1993, re: "Award of Merit in Housing and Community Development" for
Newburgh Village and weighted score of 92 percent received on evaluation by
HUD of the City's 1992 Public Housing Management Assessment Program (PHMAP)
which designates the Housing Commission as a "high performer" was received
and placed on file for the information of the Council
A communication from the Office of the Mayor, dated June 28,
lim1993, re: the manner and appropriateness of Inspectors delivering
recycling bins to newly constructed homes or as replacements for lost bins
to existing homes was received and placed on file for the information of
the Council. (CR 380-93)
#567-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated July 2,
1993, approved by the Finance Department and approved for
submission by the Mayor, and to which is attached a proposed
agreement between the City of Livonia and Environmental Cost
Management (ECM) , 3083 Washington Street, P.O. Box 158,
Grandville, Michigan 49468-0158, wherein a proposed pilot
composting project would be established under which the City
would pay ECM $6.00 per cubic yard for bulk yard wastes and $1.00
per cubic yard for wood chips for a proposed pilot project period
commencing in early August and lasting through December 10, 1993,
the Council does hereby approve and authorize the said pilot
project and request that the Mayor and City Clerk, for and on
behalf of the City of Livonia, execute the attached agreement in
the manner and form herein submitted, as well as to do all other
things necessary or incidental for the full performance of this
L
resolution and the Council does hereby authorize the action
herein without competitive bidding in accordance with Section
3.04.140D5 of the Livonia Code of Ordinances, as amended.
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#568-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated July 2,
1993, approved by the Finance Department and approved for
submission by the Mayor, and to which is attached a proposed
agreement between the City of Livonia and Environmental Cost
Management (ECM), 3083 Washington Street, P.O. Box 158,
Grandville, Michigan 49468-0158, wherein a proposed pilot
composting project would be established under which the City
would pay ECM $6.00 per cubic yard for bulk yard wastes and $1.00
per cubic yard for wood chips for a proposed pilot project period
commencing in early August and lasting through December 10, 1993,
the Council does hereby refer this subject to the Water Supply,
Drainage, Sewage, and Waste Disposal Study Committee for its
consideration.
A communication from the Department of Finance, dated July 1,
1993, re: professional services which are or may be provided to the City
of Livonia on a contractual basis was received and placed on file for the
information of the Council. (CR 424-93)
#569-93 WHEREAS, the City of Livonia finds that there is an
urgent necessity for Deering Avenue between Vassar Avenue and
Pembroke Avenue to be widened and improved, in Section 1 in the
City of Livonia, Wayne County, Michigan; and
WHEREAS, the Council finds that it is necessary to widen and
alter Deering Avenue in this area in order to facilitate the flow
of traffic and to alleviate traffic congestion as a matter of
public safety and convenience and to promote the public welfare
generally; and
WHEREAS, the Council further finds that the acquisition of
certain rights-of-way, as further described hereinafter, is
indispensable to the necessary widening, paving, altering and
improvement of Deering Avenue; and
WHEREAS, the City Engineer has recommended that Deering Avenue
be widened and altered so as to provide a fifty (50) foot
right-of-way, similar to existing roads which are located
throughout the City, and has presented plans which have been
approved by this Council;and
WHEREAS, the aforesaid improvement is to be financed from part
of the proceeds of the 12 Million Dollar General Obligation Road
Improvement Bond Issue approved by the electorate of the City in
1989; and
L WHEREAS, Deering Avenue between Vassar Avenue and Pembroke
Avenue is incorporated in the Master Plan of the City of Livonia
as part of the Master Thoroughfare Plan, having been incorporated
in said Master Thoroughfare Plan by a resolution of the City
Planning Commission adopted on April 19, 1951;
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NOW, THEREFORE, BE IT RESOLVED, that this Council for the City
of Livonia, Wayne County, Michigan, hereby declares that the
acquisition of a certain right-of-way, as hereinafter described,
is necessary for the widening, paving, altering and improvement
of Deering Avenue which is necessary as a public improvement for
the use and benefit of the public, for the purposes of its
incorporation, for a public purpose within the scope of its
power, and that a good faith offer to purchase said right-of-way
has been made to the known property owner; and
BE IT FURTHER RESOLVED, that this Council does hereby declare
that it determines it necessary to take the fee to private
property upon just compensation to be paid therefor for such
improvement, the said properties necessary for the required
rights-of-way and the just compensation for same being as
follows:
That part of the N.W. 1/4 of the S.E. 1/4 of Section 1, T. 1
S. , R 9 E. , City of Livonia, Wayne County, Michigan,
described as beginning at a point distant South 18°57'05"
east along the center line of Angling Road, 679.20 feet and
North 88°12'00" East, 138 08 feet to the point of beginning
from the intersection of said center line with the east and
west 1/4 line of said Section 1; and proceeding thence North
88°12'00" East, 17.00 feet; thence South 01°42'41" East,
388.65 feet; thence North 18°57'05" West, 57.35 feet; thence
North 01°42'41" West, 333.85 feet to the point of beginning
- 0.14 acres (Deering Avenue right-of-way - part of Parcel
11004-99-0022-000)
Interested Party Ms Jeanie M. Dark
19502 Angling
Livonia, Michigan 48152
Ms. Jeanne Everhart
19502 Angling
Livonia, Michigan 48152
Estate or interest to be taken: Fee simple in real
property.
Subject to delinquent taxes in accordance with Act 270 of
the Public Acts of 1931 and the prorating of taxes in
accordance with the provisions of Act 288 of the Public Acts
of 1966.
Estimated just compensation: $6,000.00
BE IT FURTHER RESOLVED, that the Department of Law of the City of
Livonia be and is hereby authorized and directed to institute and
liw conduct the necessary proceedings on behalf of the City of
Livonia in the Circuit Court for the County of Wayne, State of
Michigan (that being the County where the private property sought
to be taken is located), to carry out the objectives of this
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resolution, and to acquire by condemnation for the City of
im• Livonia the private property hereinbefore described for the
purpose of widening, paving, altering and improving Deering
Avenue between Vassar Avenue and Pembroke Avenue, as a necessary
and authorized public improvement, and that said proceedings be
brought in accordance with the provisions of Act 87 of the Public
Acts of 1980, as amended, being MCLA 213.51, et. seq. , and Act
295 of the Public Acts of 1966, as amended, being MCLA 213.361,
et seq.
BE IT FURTHER RESOLVED, that the Council does hereby authorize
the expenditure of a sum not to exceed $6,000.00 for acquisition
costs and, FURTHER, the Council does hereby authorize the
expenditure of a sum not to exceed Five Hundred Dollars ($500.00)
as the City's portion of the prorated City, County, County Drain,
School and Community College tax in connection with the aforesaid
right-of-way, the same to be prorated as of the date of closing,
and FURTHER, the Council does hereby authorize the payment of the
aforesaid sum from the 12 Million Dollar General Obligation Road
Improvement Bond Issue approved by the electorate of the City in
1989 as compensation to be paid to the subject property owners in
connection with the project; and the City Clerk and City
Treasurer are hereby authorized to do all things necessary or
incidental to the full performance of this resolution; and
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby
authorized to affix their signatures to a Declaration of Taking
in order to carry out the provisions of this Resolution and
Statement of Necessity.
A corrected 1993 tax rate request from the Clarenceville School
District, received on July 1, 1993, was received and placed on file for the
information of the Council.
#570-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 12, 1993, which
transmits its resolution 4-73-93, adopted on April 6, 1993, with
regard to the proposed preliminary plat of Forest Oaks
Subdivision to be located on the east side of Stonehouse Avenue
between Joy Road and Minton Street in the Southeast 1/4 of
Section 31, City of Livonia, Wayne County, Michigan, and the
preliminary plat having been approved by the City Planning
Commission on April 6, 1993, the Council does hereby approve of
the said preliminary plat based upon the same conditions as those
set forth in the aforesaid Planning Commission action and subject
to the receipt of a report and recommendation by the City
Engineer relative to the development plans and specifications for
the improvements therein, and the financial assurances
ihr guaranteeing the satisfactory installation of such improvements.
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#571-93 RESOLVED, that having considered a communication from
Ile the Council President, dated June 30, 1993, with regard to the
possibility of the City of Livonia utilizing video beams in areas
of congested road traffic and the possibility of obtaining
Federal funds to finance the implementation of such a system, the
Council does hereby request that the Engineering Department and
the Traffic Commission submit their respective reports and
recommendations.
#572-93 WHEREAS, current State law requires that when an
individual or firm makes application for a Class C liquor
license, local governmental approval is needed, and
WHEREAS, local governments are responsible to the citizenry to
guarantee that proper zoning is complied with in all cases, and
WHEREAS, local governments are the responsible agents for
enforcing laws and keeping their communities safe and peaceful,
and
WHEREAS, under the present law, local units of government can
ensure that Class C liquor licenses are distributed to only those
individuals or firms who will responsibly and properly uphold the
laws, and
ibe WHEREAS, the City of Livonia Council is aware that SB 4
(DiNello) has recently been proposed and SB 4 would significantly
change this process of local governmental approval by allowing an
applicant to appeal a local unit's denial of a Class C liquor
license to the Liquor Control Commission who could overturn the
local unit's decision.
NOW, THEREFORE, BE IT RESOLVED that the City of Livonia Council
is opposed to SB 4 as we believe it diminishes the ability of the
local governmental unit to responsibly serve its citizens and is
another example of the erosion of local control.
BE IT FURTHER RESOLVED that a copy of this resolution be
forwarded to Governor John Engler, State Senator Gilbert DiNello,
State Senator R. Robert Geake, and State Representatives Lyn
Bankes and Jerry Vorva and surrounding communities.
#573-93 RESOLVED, that having considered a letter from Mr. and
Mrs. Thomas Wanamaker, 37174 Sunnydale, dated June 22, 1993,
which expresses concern with respect to the safety of
neighborhood children on Sunnydale, east of Newburgh, as a result
of cars parking on both sides of the street, and which requests
the installation of "No Parking" signs on one side of Sunnydale
in this particular area, the Council does hereby refer this item
to the Traffic Commission for its report and recommendation.
27754
#574-93 WHEREAS, the City of Livonia has received a request
ifte from Kelsey-Hayes, 38481 Huron River Drive, Romulus, Michigan
48174, dated June 29, 1993, for a transfer of the tax abatement
previously granted to Borg-Warner Automotive, Inc. on May 18,
1988 in Council Resolution 466-88, for 12 years, for a facility
located at 12000 Tech Center Drive, which is located in City of
Livonia Industrial Development District No. 46;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA
that it determines as follows:
1. The City Clerk shall provide copies of the said Application
to the legislative bodies of the governmental units deriving
property taxes from the property which will be affected, as
required by Act 198, P A. 1974, as amended.
2. The City Clerk shall contact each of the affected taxing
units and, (i) indicate the Council's interest in this
matter, and (ii) assist these taxing units in collecting
such information as may be necessary to determine their
respective opinions on this Application and, (iii) advise
the said taxing units of this Council's desire to hold a
hearing on this Application on Wednesday, September 8, 1993,
at 7:00 p m. , at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan.
3. The Council hereby sets Wednesday, September 8, 1993, at
7:00 p m. at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan, as the date, time and place for
conducting a hearing on said Application.
#575-93 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Crucam, Inc./
KEV, Inc. , dated July 13, 1993, covering new industrial
facilities to be located within City of Livonia Industrial
Development District 55;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA
that it determines as follows:
1. The City Clerk shall provide copies of the said Application
to the legislative bodies of the governmental units deriving
property taxes from the property which will be affected, as
required by Act 198, P.A. 1974, as amended.
2. The City Clerk shall contact each of the affected taxing
units and, (i) indicate the Council's interest in this
matter, and (ii) assist these taxing units in collecting
such information as may be necessary to determine their
respective opinions on this Application and, (iii) advise
lir the said taxing units of this Council's desire to hold a
hearing on this Application on Wednesday, September 1, 1993,
at 7:00 p m , at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan.
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3. The Council hereby sets Wednesday, September 1, 1993, at
L 7:00 p.m. , at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan, as the date, time and place for
conducting a hearing on said Application.
#576-93 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, September 8, 1993,
at 7:00 p.m. , at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item:
Petition 93-5-1-6, submitted by the City Planning
Commission, pursuant to Council Resolution 20-93, for a
change of zoning of property located within the Argonne
and Argonne Annex Subdivisions, located west of Inkster
Road and north of Pembroke Avenue in the Northeast 1/4
of Section 1, from RUF to R-1, the City Planning
Commission in its resolution 6-127-93 having
recommended to the City Council that Petition 93-5-1-6
be approved;
L FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendment to the Zoning Ordinance, and/or
(b) location of the proposed change of zoning as set forth
above, first to be published in the official newspaper of
the City or a newspaper of general circulation in the City
of Livonia as well as to, not less than fifteen (15) days
prior to said public hearing, cause to have notice to be given by
certified mail to each public utility company and to each
railroad company owning or operating any public utility or
railroad within the districts or zones affected; and FURTHER, the
City Clerk is requested to do all other things necessary or
incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Jurcisin, Feenstra, McGee, Kavanagh, Toy, and Taylor.
NAYS: None.
A verbal report submitted by the Mayor and City Planner at the
100 Committee of the Whole meeting of June 30, 1993, re: the Haggerty Road
Corridor Study was received and placed on file for the information of the
Council.
27756
A report submitted by the Director of Community Resources at the
Committee of the Whole meeting of July 12, 1993, re: the long-term plans
for the proposed renovation and restoration of Alexander Blue House was
received and placed on file for the information of the Council.
(CR 352-93)
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was:
#577-93 RESOLVED, that having considered a letter from Roy D.
Puckett, 31642 Grove Drive, dated June 28, 1993, wherein a
request is submitted for a proposed street improvement of Grove
Drive, west of Merriman, and before determining to make this
street improvement, the cost of which is to be defrayed by
special assessment, the City Engineer is hereby requested to
ascertain the assessed valuation of all property affected by the
proposed improvement, the number of parcels which show tax
delinquencies, the number of parcels owned by public authorities,
the number of parcels which are now vacant, and to prepare and
cause to be prepared, plans and specifications therefor and an
estimate of the cost thereof, and to file the same with the City
Clerk together with his recommendation as to what proportion of
the cost should be paid by special assessment and what part, if
any, should be a general obligation of the City, the number of
installments in which assessments may be paid and the lands which
should be included in the proposed special assessment district,
pursuant to the provisions of Section 3.08 060 of the Livonia
Code of Ordinances, as amended.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#578-93 RESOLVED, that having considered a communication from
the City Assessor, dated June 8, 1993, approved for submission by
the Mayor, with regard to a request from Leo Soave, 34822
Pembroke, Livonia, Michigan 48152, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18.46
of Ordinance 543, as amended, and having also considered a letter
from Leo Soave, dated July 15, 1993, the Council does hereby
determine to deny the request for dividing Tax Item Nos. 46 060
01 0628 000 and 46 060 01 0629 000 into four 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
111, On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was:
27757
#579-93 RESOLVED, that having considered a communication from
ifte the City Assessor, dated June 8, 1993, approved for submission by
the Mayor, with regard to a request from James Graves, 18397
Pershing, 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 determine
to deny the request for dividing Tax Item No. 46 045 01 0069 000
into three 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 Jurcisin, seconded by Toy, it was:
RESOLVED, that having considered a communication from
the City Assessor, dated July 2, 1993, approved for submission by
the Mayor, with regard to a request from Raymond M. Galasso,
20150 Rensellor, Livonia, Michigan 48152, 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. 46 001 04 0052
000 (includes Lots 53 and 54) into three parcels, the legal
descriptions of which shall read as follows:
Lot 52, The Argonne Subd'n of part of the NE 1/4 of Section
1, T. 1 S , R. 9 E. , Livonia Twp. , Wayne County, Michigan.
Rec'd L. 40, P. 5 Plats, W.C.R. (Now City of Livonia)
Lot 53, The Argonne Subd'n of part of the NE 1/4 of Section
1, T. 1 S. , R. 9 E. , Livonia Twp , Wayne County, Michigan.
Rec'd L. 40, P. 5 Plats, W.C.R. (Now City of Livonia)
Lot 54, The Argonne Subd'n of part of the NE 1/4 of Section
1, T. 1 S. , R. 9 E. , Livonia Twp , Wayne County, Michigan.
Rec'd L. 40, P. 5 Plats, W.0 R (Now City of Livonia)
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.
On a motion by McGee, seconded by Feenstra, and unanimously
adopted, it was:
#580-93 RESOLVED, that having considered a communication from
the City Assessor, dated July 2, 1993, approved for submission by
the Mayor, with regard to a request from Raymond M. Galasso,
20150 Rensellor, Livonia, Michigan 48152, for dividing Tax Item
No. 46 001 04 0052 000 (includes Lots 53 and 54) into three
parcels, the Council does hereby refer this item to the Committee
of the Whole for its report and recommendation.
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A communication from the Division of Police, dated June 21, 1993,
Limp re: the fee schedule utilized by the Police Department in preparing
Freedom of Information requests was received and placed on file for the
information of the Council. (CR 452-93)
On a motion by Feenstra, seconded by Toy, it was:
RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated June 21, 1993,
approved for submission by the Mayor, and submitted pursuant to
Council Resolution 452-93 with regard to fees charged for
receiving copies of documents from the Police Department under
the Freedom of Information Act, and which indicates that the
affidavit fee in the amount of $4.75 has been deleted, the
Council does hereby approve and authorize the continued
application of the fee schedule previously authorized in Council
Resolution 353-92, adopted on April 29, 1992.
On a motion by Kavanagh, seconded by McGee, it was:
RESOLVED, that the Council does hereby amend the
foregoing resolution so as to provide that the cost of all
incident reports shall be in the amount of $2.00 per page.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Kavanagh, and Toy.
NAYS: Jurcisin, Feenstra, and Taylor.
The President declared the resolution denied.
A roll call vote was taken on the original resolution, which is as follows,
with the following result:
#581-93 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated June 21, 1993,
approved for submission by the Mayor, and submitted pursuant to
Council Resolution 452-93 with regard to fees charged for
receiving copies of documents from the Police Department under
the Freedom of Information Act, and which indicates that the
affidavit fee in the amount of $4 75 has been deleted, the
Council does hereby approve and authorize the continued
application of the fee schedule previously authorized in Council
Resolution 353-92, adopted on April 29, 1992.
-
27759
AYES: Jurcisin, Feenstra, Toy, and Taylor.
161. NAYS: McGee and Kavanagh.
The President declared the resolution adopted.
Communications from the Division of Police, dated May 19, 1993,
and from the Department of Law, dated May 27, 1993, re: amending Chapter
9.72 of the Livonia Code of Ordinances regarding fortunetelling and
palmistry were received and placed on file for the information of the
Council. (CR 320-93)
Feenstra gave first reading to the following Ordinance:
AN ORDINANCE ADDING SECTION 040 TO TITLE 9,
CHAPTER 72 (FORTUNETELLING AND PALMISTRY)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
tosword repeated herein. The above Ordinance was placed on the table for
consideration at the next regular meeting.
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was:
#582-93 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated June 15, 1993, approved for submission by the Finance
Department and the Mayor, and which transmits Parks and
Recreation Commission resolution 2209-93, wherein approval is
recommended with respect to proposed plans for the YMCA's parking
lot expansion in Veterans' Park, wherein the YMCA would absorb
the entire cost of asphalting improvements, including both the
expansion as well as an additional capping of the existing parking
lot, the cost of moving the volleyball court, as well as the
construction costs involved in the installation of three
ornamental 250 H.P.S. - Cobra Head lighting fixtures, with
underground wiring and fiberglass posts, and with the City of
Livonia absorbing the total annual lamp charge, estimated to be
in the amount of $1,098.00 per year, the Council does hereby
concur in and approve of the action herein recommended; FURTHER,
taw the Council does hereby authorize and request the City Clerk to
make application to the Detroit Edison Company, on forms provided
by such company, for the aforesaid lighting fixtures, the cost of
which installation shall be totally paid for by the YMCA.
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On a motion by Kavanagh, seconded by Feenstra, and unanimously
adopted, it was:
#583-93 RESOLVED, that the Council does hereby request that the
Sign Division of the Department of Public Works prepare and
install appropriate signs in the parking lot areas of Veterans'
Park and Ford Field, which signs would indicate that these
parking areas are open for use by both members of the YMCA, as
well as those members of the public who are using Veterans' Park
and Ford Field.
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was:
#584-93 RESOLVED, that the Council does hereby request that the
Parks and Recreation Department submit a report and
recommendation on a proposal to install appropriate signs which
identify lands which are zoned NP (Nature Preserves), as well as
to conduct an annual survey on the condition of such lands.
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was:
L #585-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 30, 1993, which
transmits its resolution 6-133-93, adopted on June 22, 1993, with
regard to a Sign Permit Application submitted by Action Signs,
Inc. , in behalf of House of Leon's Restaurant, requesting
approval for one ground sign for property located at 29041 Seven
Mile Road in Section 12, the Council does hereby concur in the
recommendation of the Planning Commission and approve the said
sign permit application, subject to the following conditions:
1) That the Sign Package by Action Signs, Inc. , received by the
Livonia Planning Commission on 5/25/93, is hereby approved
and shall be adhered to, except for the fact that the
"changeable copy" graphic shall be removed;
2) That the applicant shall supply the Planning Commission a
landscape plan within two weeks of the date of this
resolution; and
3) That the petitioner has agreed to cover all rooftop
equipment, including the air conditioning unit, so it cannot
be seen from Seven Mile Road.
On a motion by Feenstra, seconded by Toy, and unanimously
thradopted, it was:
27761
#586-93 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated July 9, 1993,
approved by the Superintendent of Parks and Recreation, the
Director of Public Works, the Public Utility Manager and the
Finance Department, and approved for submission by the Mayor, and
which submits a proposed Lease document, pursuant to Council
Resolution 305-93, between the City of Livonia and the Livonia
Hockey Association, for the period August 1, 1993 through July
31, 1996, and having also considered the report and
recommendation of the Department of Law, dated July 16, 1993,
approved for submission by the Mayor Pro Tem, to which is
attached a revised proposed Lease document, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of
the City of Livonia, to execute the revised attached agreement in
the manner and form herein submitted, as well as to do all other
things necessary or incidental to the full performance of this
resolution.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#587-93 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated May 6, 1993 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 July 12, 1993, 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 ornamental poles with underground wiring in the
Stonehouse Estates Subdivision, City of Livonia, Wayne
County, 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 May 6, 1993;
(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
Lshall be paid in annual installments, according to said
statement;
27762
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows:
A Special Assessment District more particularly
described as Lots 1 thru 36, both inclusive, Stonehouse
Estates Subdivision, as recorded in Liber 106, Pages 1,
2 and 3, Wayne County Records, said Subdivision being a
part of the S.E. 1/4 of Section 31, T. 1 S. , R. 9 E. ,
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 May 6,
1993; 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 Feenstra, seconded by Jurcisin, it was:
#588-93 WHEREAS, pursuant to Act No. 198 of the Public Acts of
1974, as amended, this Council has the authority to establish
industrial development districts within the boundaries of the
City of Livonia; and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the
City of Livonia and comprised of an area described as being parts
of Lots 9, 10, 11 and 12, Schoolcraft Manor Subdivision, A/K/A
38099 Schoolcraft, Livonia, Michigan, more particularly described
in Exhibit A, attached hereto and incorporated by reference
herein, which area is hereinafter referred to as "City of Livonia
Industrial Development District No. 55"; and
WHEREAS, written notice has been given by certified mail to
Crucam, Inc. of the Council's pending action on this resolution
and of its right to a hearing on the establishment of proposed
City of Livonia Industrial Development District No. 55; and
WHEREAS, notice has been given to all interested owners,
residents and taxpayers in the Livonia area of a public hearing
on the establishment of the proposed City of Livonia Industrial
Development District No. 55; and
Iho
WHEREAS, on July 19, 1993, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development
District No. 55, at which time Crucam, Inc and other taxpayers
27763
and residents of the City of Livonia had an opportunity to be
heard (a copy of the statements both written and oral made at
such hearing being on file with this City Council), and a
representative of Crucam, Inc. attended said hearing and
acknowledged receipt of notice of such hearing on behalf of the
said corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS
FOLLOWS:
1. An Industrial Development District is hereby established,
such district to consist of the area described in Exhibit A,
attached hereto.
2. Such Industrial Development District is hereby designated as
the "City of Livonia Industrial Development District No.
55."
EXHIBIT A
The City of Livonia, County of Wayne, Michigan. Parts of Lots 9,
10, 11 and 12 Schoolcraft Manor Subdivision, as recorded in Liber
69, page 45 of Plats, Wayne County Records: Beginning Southwest
corner of Lot 9; thence North 0 degrees 19 minutes 0 seconds East
357.57 feet to the Point of Beginning; thence North 0 degrees 19
minutes 0 seconds East 585 03 feet; thence South 76 degrees 30
minutes 07 seconds East 102.70 feet; thence South 76 degrees 38
minutes 02 seconds East 102.65 feet; thence South 79 degrees 28
minutes 12 seconds East 182.80 feet; thence South 0 degrees 19
minutes 0 seconds West 506.02 feet; thence North 89 degrees 41
minutes 0 seconds West 379 90 feet to the Point of Beginning.
A/K/A 38099 Schoolcraft, Livonia, Michigan.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jurcisin, Feenstra, McGee, Kavanagh, and Taylor.
NAYS: Toy.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#589-93 RESOLVED, that having considered a communication from
the City Librarian, dated June 28, 1993, approved by the Finance
Department and approved for submission by the Mayor, the Council
does, for and on behalf of the City of Livonia, accept a cash
donation of $50.00 from Mr and Mrs. Eugene Scott, 8861 Utah,
Livonia, MI 48150, the same to be deposited in and credited to
Account 722-000-690-010
27764
On a motion by Feenstra, seconded by Jurcisin, and unanimously
imiadopted, it was:
#590-93 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of several items that do not appear on
the agenda.
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was:
#591-93 RESOLVED, that having considered a communication dated
July 14, 1993, from the Department of Law transmitting for Council
acceptance two Grants of Easement, more particularly described
as:
1. Grant of Easement dated June 18, 1993, executed by Edward J.
Bierman, Vice President, Target Stores Division, of the
Dayton Hudson Corporation, a Minnesota Corporation, to the
City of Livonia, for:
A twenty (20) foot wide sanitary sewer easement the
centerline described as part of the N.W. 1/4 of Section 6,
T. 1 S , R. 9 E , City of Livonia, Wayne County, Michigan,
being more particularly described as beginning at a point
distant N. 87°31'16" E. , 930 09 feet from the West 1/4
corner of said Section 6; thence N. O1°07'38" W. , 12 12
feet; thence N. 34°57'02" W. , 273.51 feet; thence S.
54°20'27" W. , 249.57 feet; thence N. 54°20'27" E. , 249.75
feet; thence N. 05°32'06" W , 205.00 feet; thence N.
54°55'32" E. , 390.00 feet; thence N. 34°54'40" W. , 645.00
feet; thence S. 34°54'40" E. , 265.00 feet; thence N.
26°07'28" E , 62.00 feet to the point of ending.
(Sidwell No 22-99-0003-003)
2. Grant of Easement dated July 8, 1993, executed by Timothy
Platt, Duly Authorized Agent, Meijer, Inc , a Michigan
corporation, to the City of Livonia, for:
A twenty (20) foot wide sanitary sewer easement the
centerline described as part of the N.W. 1/4 of Section 6,
T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan,
distant N. 87°31'27" E. , 930 09 feet from the West 1/4
corner of said Section 6; thence N. O1°07'38" W. , 12.12
feet; then N. 34°57'02" W. , 273.51 feet; then S. 54°20'27"
W. , 249.57 feet; thence N 54°20'27" E. , 249.75 feet; thence
N. 05°32'06" W. , 205.00 feet; thence N 54°55'32" E. , 390.00
feet; thence N. 34°54'40" W , 645 00 feet; thence S.
34°54'40" E , 265.00 feet; thence N. 26°07'28" E. , 62.00
feet to the point of ending
(Sidwell No. 22-99-0003-003)
27765
the Council does hereby, for and in behalf of the City of
Livonia, accept the aforesaid Grants of Easement and the Mayor
and the City Clerk are hereby requested to execute the Grants of
Easement and Release of Easement, and 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 Feenstra, seconded by McGee, and unanimously
adopted, it was:
0592-93 RESOLVED, that having considered a communication from
the Council President, dated July 15, 1993, the Council does
hereby discharge from the Committee of the Whole the subject of
Council Resolution 544-93 relating to Petition 93-3-3-1, a
request by Frank Jonna, Jonna Companies, for the vacating of a
20' wide sanitary sewer easement across property located on the
east side of Haggerty Road, south of Eight Mile Road, in the N.W.
1/4 of Section 6.
Feenstra took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 93-3-3-1)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Jurcisin, Feenstra, McGee, Kavanagh, Toy, and Taylor.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
0593-93 RESOLVED, that having considered a communication from
the Council President, dated July 15, 1993, the Council does
hereby discharge from the Committee of the Whole the subject of
Council Resolution 556-93 relating to Sign Permit Application by
Integrated Architecture in behalf of SourceClub, for approval of
three wall signs for the building at 20000 Haggerty Road, Section
6.
27766
On a motion by Kavanagh, seconded by Jurcisin, and unanimously
Lis adopted, it was:
#594-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 11, 1993, which
transmits its resolution 6-122-93, adopted on June 8, 1993, with
regard to a Sign Permit Application submitted by Integrated
Architecture in behalf of SourceClub, requesting approval for
three wall signs for the building located at 20000 Haggerty Road
in Section 6, the Council does hereby concur in the
recommendation of the Planning Commission in part, and approve
the said sign permit application with respect to two wall signs
(not including the Auto Center sign), subject to the following
conditions:
1) That the Sign Plan dated 5/18/93 prepared by Integrated
Architecture is hereby approved and shall be adhered to;
2) That this approval is subject to the applicant being granted
a variance by the Zoning Board of Appeals; and
3) That the wall sign situated on the easterly side be
relocated to the south by 30 feet
and the request for a third wall sign for the Auto Center is
hereby rejected and denied for the following reasons:
1) That the applicant has failed to justify the need for the
Auto Center wall sign;
2) That the Auto Center wall sign would only exaggerate the
excessive signage on the building even more; and
3) That three wall signs for one building far exceeds the
intent of the sign ordinance.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#595-93 RESOLVED, that having considered a communication from
the Council President, dated July 15, 1993, the Council does
hereby discharge from the Committee of the Whole the subject of
Council Resolution 557-93 relating to Petition 93-4-2-10,
submitted by SourceClub, requesting waiver use approval to
utilize an SDM license for a proposed store to be located south
of Eight Mile Road between Haggerty Road and the I-275 Expressway
in the N.W. 1/4 of Section 6, which property is zoned C-2.
On a motion by Toy, seconded by McGee, and unanimously adopted,
it was
27767
#596-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 28, 1993, which transmits
its resolution 5-97-93, adopted on May 18, 1993, with regard to
Petition 93-4-2-10, submitted by SourceClub, requesting waiver
use approval to utilize an SDM license for a proposed store to be
located south of Eight Mile Road between Haggerty Road and the
I-275 Expressway in the Northwest 1/4 of Section 6, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
93-4-2-10 is hereby approved and granted, subject to adherence to
the previously approved site plan for this facility.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#597-93 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated March 17, 1993, and
the report and recommendation of the Chief of Police in
connection therewith, dated June 21, 1993, the Council does
hereby recommend approval of a new SDM license to be issued to
SourceClub, for a business located at 20000 Haggerty Road,
Livonia, Michigan 48152, Wayne County; and the Office of the City
Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#598-93 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 5, 1993,
with respect to a proposed ordinance to restrict solicitation to
the hours between 9 a m. and 1/2 hour after sunset, the Council
does hereby request that the Department of Law prepare an
appropriate ordinance amendment to the solicitation ordinance
which would restrict door-to-door canvassing and solicitation to
only the hours between 9 a.m. and 1/2 hour after sunset.
No one wished to speak during the audience communication portion
at the end of the meeting.
On a motion by McGee, seconded by Jurcisin, and unanimously
adopted, this 1,253rd Regular Meeting of the Council of the City of Livonia
was adjourned at 9:20 p.m. , July 21, 1993
� „ fig
J ..n McCotter, City Clerk