HomeMy WebLinkAboutCOUNCIL MINUTES 1992-08-19 27146
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND THIRTIETH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On August 19, 1992, 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 Councilman Kavanagh delivered the
invocation
Roll was called with the following result: Present Sean P.
Kavanagh, Michael P McGee, Dale A Jurcisin, Ron Ochala, Fernon P.
Feenstra, and Laura M. Toy. Absent Gerald Taylor (City business).
Elected and appointed officials present: Harry Tatigian, City
Attorney; Ann W. Tavolacci, Deputy City Clerk; Raul Galindo, City Engineer;
John Nagy, Planning Director; Karen A Szymula, Director of Legislative
Affairs; John Fegan, Director of Inspection; Former Councilman Peter
Ventura; Lee Grieve, Police Chief; Edith Davis, Personnel Director; and Ray
Pomerville, Director of Labor Relations
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#617-92 RESOLVED, that the minutes of the 1,229th Regular
Meeting of the Council of the City of Livonia, held July 22,
1992, are hereby approved as submitted.
On a motion by McGee, seconded by Jurcisin, and unanimously*
adopted, it was:
#618-92 RESOLVED, that the minutes of the 224th Special Meeting
of the Council of the City of Livonia, held August 11, 1992, are
hereby approved as submitted
*Councilman Ochala abstained from voting which is recorded as a "yes" vote
under the provisions of Section 2 04 190B of the Livonia Code of
Ordinances
No one wished to speak during the audience communication portion
at the beginning of the meeting
27147
A communication from the Department of Finance, dated July 23,
1992, re various financial statements of the City of Livonia for the month
ending June 30, 1992, was received and placed on file for the information
of the Council.
A communication from the Department of Law, dated August 10,
1992, re: Nicholis and Linda Harris v City of Livonia, 16th District Court
Case No. 92-0728GC, was received and placed on file for the information of
the Council.
On a motion by Feenstra, seconded by Ochala, it was:
#619-92 RESOLVED, that having considered an application from
Joy and Jeff Rivers, 9915 Hubbard, Livonia, Michigan, dated
August 7, 1992, requesting permission to close Hubbard from
Elmira to Orangelawn on Saturday, August 22, 1992, from 11:00
a.m. to 11:00 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
#620-92 RESOLVED, that having considered a communication from
Councilmember Fernon P. Feenstra, dated August 7, 1992, with
regard to a proposal to line up Milburn and Sears Drive at the
intersection of Plymouth Road, the Council does hereby refer this
item to the Engineering Department, Planning Department and Law
Department for their respective reports and recommendations.
#621-92 RESOLVED, that having considered an application from
Margaret Pulgini, 19497 Ingram, Livonia, Michigan 48152, dated
July 7, 1992, requesting permission to close St Martin between
Parker and Ingram on Saturday, September 19, 1992, from 3:00 p.m
to 11:00 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,
September 20, 1992, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department
#622-92 RESOLVED, that having considered an application from
Shannon Ziegler, 14051 Edgewood, Livonia, Michigan, dated July 9,
1992, requesting permission to close Edgewood between Scone and
Perth on Saturday, September 26, 1992, from 1:00 p.m. to 11 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, September 27,
1992, in the event of inclement weather, the action taken herein
being made subject to the approval of the Police Deportment
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#623-92 RESOLVED, that having considered an application from
Ibm
Elizabeth Buccellato, 37689 Bristol Court, Livonia, Michigan,
dated July 15, 1992, requesting permission to close Bristol Court
on Saturday, September 12, 1992, from 4:00 p.m 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 Saturday, September 19,
1992, in the event of inclement weather, the action taken herein
being made subject to approval of the Police Department.
#624-92 RESOLVED, that having considered an application from
Deborah Koch, 15682 Edgewood, Livonia, Michigan, dated July 20,
1992, requesting permission to close Edgewood between Ellen and
Ellen on Saturday, September 12, 1992, 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, September 13,
1992, in the event of inclement weather, the action taken herein
being made subject to the approval of the Police Department
#625-92 RESOLVED, that having considered an application from
Scott Stokfisz, 14284 Hubbard, Livonia, Michigan 48154, dated
July 17, 1992, requesting permission to close Hubbard between
Perth and Allen on Saturday, September 19, 1992, from 1:00 p.m.
to 7:00 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,
September 20, 1992, in the event of inclement weather, the action
taken herein being made subject to the approval of the Police
Department.
#626-92 RESOLVED, that having considered an application from
Brenda Vasher and/or Cathy Bender, 18328 Queensbury, Livonia,
Michigan, dated July 17, 1992, requesting permission to close
Queensbury from Caliburn to 18454 Queensbury on Saturday, August
29, 1992, from 3:00 p.m 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 30, 1992, in the event of
inclement weather, the action taken herein being made subject to
the approval of the Police Department.
#627-92 RESOLVED, that having considered an application from
James M. Tedesco, 33047 Myrna Court, Livonia, Michigan 48154,
dated July 31, 1992, requesting permission to close Hampshire
Road from 33078 Hampshire through 16110 Woodring Court, on
Saturday, August 22, 1992 from 3 00 p m. to 11 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 23, 1992, in the event
of inclement weather, the action taken herein being made subject
to the approval of the Police Department.
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#628-92 RESOLVED, that having considered an application from
Diane Goss, 14098 Marie, Livonia, Michigan, dated August 3, 1992,
requesting permission to close Marie from Summers to Mason on
Saturday, August 29, 1992 from 1:00 p m to 8:00 p m. , for the
purpose of conducting a block party, the Council does hereby
grant permission as requested, including therein permission to
conduct the said affair on Sunday, August 30, 1992, in the event
of inclement weather, the action taken herein being made subject
to the approval of the Police Department.
#629-92 RESOLVED, that having considered a letter from John F.
Mufarreh, 36332 Whitcomb, Livonia, Michigan 48154, dated June 15,
1992, with regard to the proposed purchase of certain City-owned
property described as Tax Item No. 052-01-0004-001, located on
Foch Avenue (Lot 4 of Parkway Subdivision) and the condition
thereof, the Council does hereby refer this item to the
Department of Law for its report and recommendation.
#630-92 RESOLVED, that having considered a letter from Valerie
J Earle, 14327 Denne, Livonia, Michigan 48154, wherein it is
suggested that the City consider the adoption of ordinance
provisions which regulate and/or prohibit solicitation in
residential areas in a manner that is similar to that prescribed
in the attached ordinances of other communities, the Council does
hereby refer this item to the Department of Law for its report
and recommendation.
Ibm A communication from the Office of the Mayor, dated July 14,
1992, re: inclusion of service drives along Schoolcraft Road as a community
service project to be done under the supervision of the 16th District Court
was received and placed on file for the information of the Council. (CR
453-92)
A communication from the Mayor and Chairman of the Roads
Beautification Committee, dated July 17, 1992, re: the request by Mr. Vito
N. DePalma of DePalma's Family Inn, 31735 Plymouth, to vacate and barricade
a public alley to permit off-street parking, Petition 90-3-3-2, was
received and placed on file for the information of the Council. (CR 183-90
and CR 549-90)
#631-92 RESOLVED, that having considered a communication from
the Director of Finance, dated July 16, 1992, approved for
submission by the Mayor, to which is attached an invoice from the
National League of Cities, dated July 1, 1992, in the amount of
$5,682 00 for annual membership dues for the period October 1,
1992 through September 30, 1993, the Council does hereby approve
and authorize the payment of same
27150
#632-92 RESOLVED, that having considered the report and
116. recommendation of the Fire Chief, dated July 23, 1992, which
bears the signature of the Director of Finance and is approved
for submission by the Mayor, wherein permission is requested to
proceed with the steps required to sell a quantity of 1 1/2" and
2 1/2" fire hose which the Department has replaced, as well as
permission to offer for sale assorted tools which are no longer
required by the Department, the Council does hereby approve and
authorize the requested action in accordance with the provisions
of the Finance Ordinance
A communication from the Inspection Department, dated July 13,
1992, re: event signage and permit process for automobile tent sale was
received and placed on file for the information of the Council.
#633-92 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated July 29,
1992, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the unit
price bid of Mid-States Petroleum, Inc , P.O. Box 400, Troy,
Michigan 48099-0400, for supplying the Public Service Division
(Equipment Maintenance Section) with unleaded gasoline for the
period through September 2, 1994, for an estimated total amount
of $236,513.00, the same having been in fact the lowest bid
L received which meets all specifications; FURTHER, in the event
the aforesaid low bidder is unable to furnish the unleaded
gasoline, the Council does hereby accept the second low bid which
meets specifications of Atlas Oil Company, 24768 Lahser Road,
Southfield, Michigan 48034, as an alternate to supply the Public
Service Division (Equipment Maintenance Section) with unleaded
gasoline for the period through September 2, 1994, for an
estimated total amount of $239,457 00; and the bid of Hanton
Industries, Inc is hereby rejected as being incomplete.
#634-92 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated July 29,
1992, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the unit
price bid of Mid-States Petroleum, Inc. , P.O. Box 400, Troy,
Michigan 48099-0400, for supplying the Public Service Division
(Equipment Maintenance Section) with diesel fuel for the period
through September 2, 1994, for an estimated total amount of
$31,466.40, the same having been in fact the lowest bid received
and meets all specifications; FURTHER, in the event the aforesaid
low bidder is unable to furnish the diesel fuel, the Council does
hereby accept the second low bid which also meets specifications
of Atlas Oil Company, 24768 Lahser Road, Southfield, Michigan
48034, as an alternate to supply the Public Service Division
(Equipment Maintenance Section) with diesel fuel for the period
through September 2, 1994, for an estimated total amount of
$31,809.40.
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1/635-92 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated July 30,
1992, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the unit
price bid of Libra Industries Inc. of Michigan, P.O. Box 1114,
Jackson, Michigan 49204, for supplying employees in the
Department of Public Works with foul weather garments for an
estimated total amount of $9,674 00, the same having been in fact
the lowest bid received and meets all specifications; FURTHER, in
the event the aforesaid low bidder is unable to furnish the
items, the Council does hereby accept the second low bid which
also meets specifications of National Ladder & Scaffold Co. ,
25914 John R Road, Madison Heights, Michigan 48071, as an
alternate source to supply employees in the Department of Public
Works with foul weather garments for an estimated total amount of
$10,183 20.
A communication from the Civil Service Department, dated July 15,
1992, re Administrative Services Contract Renewal Agreement for a two (2)
year period with Blue Cross/Blue Shield of Michigan was received and placed
on file for the information of the Council (CR 564-92)
#636-92 RESOLVED, that having considered the report and
1612 recommendation of the Department of Law, dated July 17, 1992, and
submitted pursuant to Council Resolution 485-92 in connection
with a letter from Robert Sunman, 20409 Inkster, Livonia,
Michigan 48152, dated June 2, 1992, wherein an interest is
expressed for the purchase of certain City-owned property
identified as Lot 29 of the Argonne Subdivision (Tax Parcel No.
46-001-04-0029-000), the Council does hereby determine to take no
further action.
#637-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 10, 1992, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, and which submits final cost information
with regard to the traffic signal modernization at the
intersection of Joy and Newburgh which was authorized in Council
Resolution 171-91, adopted on March 6, 1991, and which indicates
that the total cost for this project was $24,806.55, with the
City's 50% share being $12,403.28, the Council does hereby
appropriate and authorize the expenditure of an additional
$278.28 from the Michigan Transportation Fund (Major Road
Account) to cover the City's share of the said traffic signal
work.
#638-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 21, 1992, which
bears the signature of the Finance Director, is approved as to
form by the City Attorney and is approved for submission by the
Mayor, and to which is attached a contract between the Michigan
Department of Transportation, the County of Wayne and the City of
27152
CORRECTED PAGE
Livonia for the reconstruction and widening of Merriman Road from
1-96 to Six Mile Road, the total project cost of which is
estimated at $2,997,050.00, with the City of Livonia's share
estimated to be $330,250.00 (11%), the Council does hereby
authorize the Mayor and City Clerk for and on behalf of the City
of Livonia to execute the said 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; FURTHER,
the Council does hereby appropriate the sum of $330,250.00 from
the $12 Million General Obligation Road Improvement Bond Issue
for this purpose.
#639-92 RESOLVED, that the Council does hereby request that the
Engineering Department submit a report and recommendation on the
matter of the installation of sidewalks on Merriman Road from
1-96 to Six Mile Road.
#640-92 RESOLVED, that having considered a communication from
the Planning Director, dated July 30, 1992, in connection with
Planning Commission Resolution 11-185-91, adopted on November 19,
1991, with regard to the subdivision entrance marker and
landscape greenbelt proposed for Caliburn Manor Subdivision to be
located west of Newburgh, just north of Laurel Park Drive in the
Northeast 1/4 of Section 7, the Council does hereby concur in the
recommendation of the Planning Commission and approves the said
subdivision entrance marker and landscape greenbelt subject to
the following conditions:
1) That the plan for the entrance marker and greenbelt for
Caliburn Manor Subdivision, dated 9-5-91, prepared by Basney
and Smith, Inc. which is hereby approved shall be adhered
to; and
2) That the landscaping as shown on the plan shall also be
installed as part of the overall subdivision improvements.
#641-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 6, 1992, which transmits
its Resolution 6-390-92, adopted on June 16, 1992, with regard to
Petition 92-3-3-2, submitted by John Ray, requesting the vacating
of a portion of an existing 46' wide public utilities easement
across Lot 70, Gold Manor Estates Subdivision, located on the
west side of Gill Road between Curtis Avenue and Seven Mile Road
in the North 1/2 of Section 9, the Council does hereby concur in
the recommendation of the City Planning Commission and does grant
and approve the said Petition 92-3-3-2; and the Department of Law
is hereby requested to prepare the necessary vacating ordinance
in accordance with this resolution.
#642-92 RESOLVED, that the Council does hereby refer to the
City Planning Commission for action and recommendation in
accordance with provisions of law and City ordinance the question
of whether a portion of the existing public utilities easement
located across Lot 69 of the Gold Manor Estates Subdivision
should be vacated (in a manner similar to the action taken with
respect to the public utilities easement located on Lot 70).
27153
#643-92 RESOLVED, that having considered a communication from
lim the City Planning Commission, dated August 3, 1992, which
transmits its resolution 7-413-92, adopted on July 21, 1992, with
regard to Petition 92-6-2-20, submitted by Robert C Allen for
John Allen Architects, Inc. , requesting waiver use approval for
the outdoor storage and rental of moving vans on property located
on the north side of Plymouth Road between Tech Center Drive and
Sears Avenue in the Southeast 1/4 of Section 26, which property
is zoned M-1, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
92-6-2-20 is hereby approved and granted, subject to the
following conditions:
1) Action by the Zoning Board of Appeals to remove an existing
condition contained in the Resolution in connection with
Appeal Case No. 8408-130 dated September 11, 1984 which
prohibits the external storage of any type of trucks, large
equipment or automobile vehicles, either rental or
otherwise, allowed on the site;
2) That there shall be no more than one (1) such moving van
stored or parked on the subject site, the truck length not
to exceed a 15 foot box;
3) That the van shall be stored or parked north of and adjacent
to the existing east-west masonry wall at all times;
imm
4) That no additional signage be allowed on the external
portion of the property that would be advertising the rental
of this vehicle; and
5) That there shall never be any truck stored outside the
entrance of the property In the event of an excess truck
being stored there for a short period of time, it shall be
stored behind the wall.
#644-92 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 23, 1992
at 7:30 p m. at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items:
(1) Petition 92-4-6-3, submitted by the City Planning Commission
on its own motion to determine whether to amend Section
18.45 of the Zoning Ordinance so as to provide for the
substitution of a greenbelt in lieu of a protective wall,
the City Planning Commission in its resolution 6-391-92
having recommended to the City Council that Petition
92-4-6-3 be approved; and
27154
(2) Petition 92-6-1-11, submitted by the City Planning
lim Commission pursuant to Council Resolution 398-92 for a
change of zoning of a portion of Lot 8, Horton's
Subdivision, located on the west side of Newburgh Road
between Ann Arbor Trail and Ann Arbor Road in the
Northeast 1/4 of Section 31 from R-1 to C-1, the City
Planning Commission in its resolution 7-412-92 having
recommended to the City Council that Petition 92-6-1-11
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 amendments 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 registered 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.
#645-92 RESOLVED, that the Council having considered a
communication from the City Engineer dated July 8, 1992, approved
for submission by the Mayor, submitted pursuant to the
requirements set forth in Section 16.24.310 of the Livonia Code
of Ordinances, as amended, wherein it is required that street
lighting with underground wiring shall be provided in all
subdivisions in conformity with the standards prescribed, and the
City Engineer having ascertained the assessed valuation of all
property affected by the proposed improvement with regard to the
Parkside Villas Subdivision, located in the Northeast 1/4 of
Section 8, T.1S. , R 9E. , City of Livonia, Wayne County, Michigan,
and such report having indicated the number of parcels which show
tax delinquencies, the number of parcels owned by public
authorities, the number of parcels which are vacant, and having
prepared and caused to be prepared plans and specifications
therefor and an estimate for 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, and it appearing to the Council that all of
such information, estimate, plans, specifications and
recommendations have been properly filed by the City Engineer
with the City Clerk under date of July 8, 1992, and that there
L
has been a full compliance with all of the provisions of Section
3.08.060 of the Livonia Code of Ordinances, as amended, the
27155
Council does hereby set Wednesday, September 23, 1992 at 7:30
Imm p.m. as the date and time for a public hearing on the necessity
for such proposed improvement which public hearing shall be held
before the Council in the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan, pursuant to Section 3.08.070 of said
Livonia Code of Ordinances, as amended, and the City Clerk is
hereby authorized to give notice and publication of such hearing
as is required by Section 3.08.070 of said Code.
#646-92 RESOLVED, that having considered a communication from
William B. Beach of the law firm of Miller, Canfield, Paddock and
Stone, dated July 30, 1992, 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
July 21, 1992 by the City Planning Commission in its resolution
7-422-92, with regard to a sign permit application submitted by
Perry Drugs requesting approval to erect three wall signs and one
ground sign at 29350 Plymouth Road, the Council does hereby
designate Wednesday, November 4, 1992 at 7 30 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 No. 543, as amended, the Zoning Ordinance of the City
of Livonia
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Kavanagh, McGee, Jurcisin, Ochala, Feenstra, and Toy.
NAYS: None.
Jurcisin took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 11 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 92-2-1-3)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Kavanagh, McGee, Jurcisin, Ochala, Feenstra, and Toy.
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
27156
Feenstra took from the table, for second reading and adoption,
Imothe 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 92-1-1-2)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Kavanagh, McGee, Jurcisin, Ochala, Feenstra, and Toy.
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Feenstra took from the table, for second reading and adoption,
the following Ordinance in revised form:
lim AN ORDINANCE AMENDING SECTION 070 OF TITLE 2, CHAPTER 04
(RULES OF THE COUNCIL) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES: Kavanagh, McGee, Jurcisin, Ochala, Feenstra, and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
McGee took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTION 020 OF TITLE 13, CHAPTER 20
(LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED, BY ADDING PARAGRAPH C THERETO.
iw. A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES Kavanagh, McGee, Jurcisin, Ochala, Feenstra, and Toy
NAYS: None.
27157
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#647-92 RESOLVED, that having considered a communication from
the City Assessor, dated July 9, 1992, approved for submission by
the Mayor, with regard to a request from Mr Ettore Paolucci,
19420 Malvern Court, Northville, Michigan 48167, submitted in
behalf of Mr. Raymond Bihary, 16580 Merriman, Livonia, Michigan
48154, 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. 46 054 01 0021 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, as well as for the following additional reasons:
1) The lack of definition as to the entrance roadway which is
partially on the petitioner's property and partially on an
adjacent parcel; and
2) That the split can be accomplished with two (2) of the three
(3) conforming.
On a motion by McGee, seconded by Jurcisin, and unanimously
adopted, it was:
#648-92 RESOLVED, that having considered the report and
recommendation of the Mayor, dated July 17, 1992, and the report
and recommendation of the Chief of Police, dated July 10, 1992,
in connection with a proposal to require that persons who seek
solicitation while standing in intersection roadways be required
to wear bright-colored vests or jackets, the Council does hereby
receive and file these communications for the information of the
Council.
At the direction of the Chair, a communication from the Civil
Service Department, dated July 14, 1992, re: recent developments concerning
United Way of America and the effect of same on the City was received and
placed on file for the information of the Council. (CR 303-92)
27158
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was:
#649-92 RESOLVED, that having considered the report and
recommendation of the Personnel Director, dated July 14, 1992,
approved for submission by the Mayor and submitted pursuant to
Council Resolution 303-92, regarding recent developments
concerning United Way and its effects on the City, the Council
does hereby refer this item to the Legislative Committee for its
report and recommendation
Jurcisin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING TITLE 10, CHAPTER 48
(STOPPING, STANDING, PARKING & LOADING) OF
THE LIVONIA CODE OF ORDINANCES BY ADDING SUB-
SECTION A 3 c. TO SECTION 10 48.040 THEREOF.
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.
lioJurcisin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 120 A.2. ,
130 B. & 130 C AND REPEALING SECTIONS 040,
050 & 060 OF TITLE 10, CHAPTER 81 (MOTOR-
CYCLES, MOTOR-DRIVEN CYCLES, GO-KARTS &
SIMILAR VEHICLES) OF THE LIVONIA CODE OF
ORDINANCES.
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting.
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was
#650-92 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated July 8, 1992, and
submitted pursuant to Council Resolution 420-92 in connection
with the question of whether State statute traffic violations can
be incorporated into the Livonia Code of Ordinances so as to
enhance local revenues such as with respect to driving while
27159
impaired due to being intoxicated and OUIL second offenses, the
Council does hereby refer this item to the Legislative Committee
for its report and recommendation.
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was:
#651-92 RESOLVED, that having considered a communication from
the Department of Law, dated August 10, 1992, submitted pursuant
to Council Resolution 443-92 transmitting for Council acceptance
a warranty deed dated July 2, 1992, executed by Kenneth F Klassa
and Donna E Klassa, his wife, conveying to the City certain
property described as follows:
The North 60 feet of the following described parcel:
Part of the N.E 1/4 of Section 9, T. 1 S , R. 9 E , City of
Livonia, Wayne County, Michigan, beginning N. 89° 50' 50"
East 43 ft from the North 1/4 corner of Section 9; thence
N. 89° 50' 50" East 139 ft; thence S. 0° 39' 50" East 253
ft; thence S. 89° 50' 58" West 139 ft; thence N 0° 39' 50"
West 253 ft. to the Point of Beginning.
(Seven Mile Road Right-of-Way) - 46-033-99-0003-004
the Council does hereby determine, for an on behalf of the City
of Livonia, to accept the aforesaid warranty deed and the City
Clerk is hereby requested to have the same recorded with the
Wayne County Register of Deeds and to do all other things
necessary or incidental to the full performance of this
resolution; FURTHER, the City Assessor is hereby requested to
have this property removed from the tax rolls and to show the
same as City-owned and tax exempt
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was:
#652-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 22, 1992, which sets
forth its resolution 6-387-92, adopted on June 16, 1992, with
regard to Petition 92-5-2-17 submitted by Bakers Square
requesting waiver use approval to construct and operate a
full-service restaurant to be located on the north side of Seven
Mile Road between Middlebelt and Purlingbrook Roads in the
Southeast 1/4 of Section 2, which property is zoned C-2, and the
Council having conducted a public hearing with regard to this
matter on July 20, 1992, pursuant to Council Resolution 542-92,
the Council does hereby reject the recommendation of the City
Planning Commission and said Petition 92-5-2-17 is hereby
approved and granted.
27160
Floyd Smith, 15595 Woodside, Livonia, spoke during the audience
communication portion regarding the next item on the agenda, raising the
question of whether these funds were obtained by telephone solicitation.
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was:
#653-92 RESOLVED, that having considered a communication
from the Chief of Police, dated July 28, 1992, with an attachment
which sets forth the names and addresses of parties who have made
contributions to the Drug Abuse Resistance Education Program, as
well as sponsors of the Fourth Annual D A.R.E. Golf Outing, for a
grand total of $33,501.39, the Council does, for and on behalf of
the City of Livonia, accept the said donations and authorize that
they be credited to and deposited in Account 702-000-285-211 for
use in the D.A R.E. Program.
On a motion by Kavanagh, seconded by Ochala, and unanimously
adopted, it was:
#654-92 RESOLVED, that having considered a communication from
Councilmember Sean P Kavanagh, dated August 10, 1992, with
lim regard to a question of whether Section 2.04.120 of the Livonia
Code of Ordinances should be amended so as to include the
following language:
"In the event a council member has previously had a business
or fiduciary relationship with a petitioner, said council
member shall not vote on said petitioner's item unless a
period of six (6) months has passed since said business or
fiduciary relationship has been severed, and further, said
council member shall not engage in any business or fiduciary
relationship with said petitioner unless a period of three
(3) months has elapsed after said council member has voted
on said item;"
The Council does hereby refer this item to the Department of Law
for its report and recommendation.
On a motion by McGee, seconded by Ochala, and unanimously
adopted, it was:
#655-92 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.
27161
LipOtnw:sm:otion by Jurcisin, seconded by Feenstra, and unanimously
adopted, i
#656-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 29, 1992, which sets
forth its resolution 6-384-92 adopted on June 16, 1992 with
regard to Petition 92-4-1-8, submitted by Donald McLean for
Disabled American Veterans Post #114 for a change of zoning on
property located on the northeast corner of Joy and Newburgh
Roads in the Southwest 1/4 of Section 32, from RUF to C-1 and P,
and the Council having conducted a public hearing with regard to
this matter on August 12, 1992, pursuant to Council Resolution
559-92, the Council does hereby concur in the recommendation of
the Planning Commission and the said Petition 92-4-1-8, as
revised, is hereby approved and granted; 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 Ochala, seconded by Feenstra, and unanimously
Ibm adopted, it was:
#657-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 29, 1992, which sets
forth its resolution 6-386-92 adopted on June 16, 1992 with
regard to Petition 92-5-1-10, submitted by Richard D. Cramb, Sr. ,
for American Legion Post #32 for a change of zoning on property
located on the east side of Newburgh Road between Joy Road and
Ann Arbor Trail in the Southwest 1/4 of Section 32, from RUF to
P, and the Council having conducted a public hearing with regard
to this matter on August 12, 1992, pursuant to Council Resolution
559-92, the Council does hereby concur in the recommendation of
the Planning Commission and the said Petition 92-5-1-10 is hereby
approved and granted; 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 Jurcisin, seconded by McGee, and unanimously
adopted, it was:
#658-92 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
27162
determine that a public hearing will take place before the City
L Council of the City of Livonia on Wednesday, September 23, 1992
at 7:30 p.m. at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item:
Petition 92-6-1-12, submitted by Brashear, Tangora and
Spence for TFG Realty Corp. for a change of zoning on
property located on the east side of Middlebelt Road,
south of Schoolcraft Road in the Northwest 1/4 of
Section 25, from M-2 to C-2, the City Planning
Commission in its resolution 8-426-92 having
recommended to the City Council that Petition 92-6-1-12
be denied;
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 registered 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
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was:
#659-92 RESOLVED, that having considered an application from
Nancy Lanzetta, 19387 Southampton, Livonia, Michigan, dated
August 18, 1992, requesting permission to close Southampton Drive
between Gill Road and Northland on Saturday, August 29, 1992,
from 3:00 p m. to 11 :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 30, 1992, in the event of inclement
weather, the action taken herein being made subject to approval
of the Police Department.
No one in the audience wished to speak during the audience
communication portion at the end of the meeting.
On a motion by Jurcisin, seconded by Ochala, and unanimously
L adopted, this 1,230th Regular Meeting of the Council of the City of Livonia
was adjourned at 8:37 p.m , August 19, 1992
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Joan Mc o er, Ci ,/ e 4474