HomeMy WebLinkAboutCOUNCIL MINUTES 1991-06-24 26515
MINUTES OF THE ONE THOUSAND, TWO HUNDRED AND THIRD REGULAR MEETING- � OF THE COUNCIL OF THE CITY OF LIVONIA
On June 24, 1991 , 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 Bishop delivered the inVVcatiOn.
Roll was called with the following result Present: Robert R. Bishop,
Gerald Taylor, Dale Jurcisin, Ron Ochala, Fernon P. Feenstra, Laura Toy and Joan
McCotter, Absent None.
Elected and appointed officials present Robert F. Nash, City Clerk,
Harry Tatigian, City Attorney, John Nagy, Planning Director, Raul Galindo, City
Engineer, Karen S%ymula, Director of Legislative Affairs, Robert Beckley, Director
of Public Works, James Inglis, Director of Housing, Suzanne Wisler, Director of
lb. Community Resources, Gail Karczynski , Director of Administrative Services, Ron
Reinke, Superintendent of Parks and Recreation, Dennis Weberlein, Structural Plan
Examiner, Sharron G. Brown and Susan J. Muccino of the Zoning Board of Appeals
and Ex-Councilman Jerry Brown.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#467-91 RESOLVED, that the minutes of the 1 ,202nd Regular
Meeting of the Council of the City of Livonia, held June 3,
1991 are hereby approved
A communication from the Department of Law, dated June 6, 1991 re
Association of Significantly Impacted Neighbors v City of Livonia, Wayne County,
Michigan Department of Natural Resources, and United States Environmental Protection
LAgency - United States District Court, Civil Action No 90-73557-DT was received
and placed on file for the information of the Council .
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which property is zoned M-2, the Council does hereby concur
NL- in the recommendation made by the City Planning Commission
and Petition 91-3-2-11 is hereby approved and granted, such
approval to be based upon the condition that no overnight
parking of customer vehicles shall be allowed unless parked
inside of the building.
#469-91 RESOLVED, that having considered the report and
recommendation of the City Clerk dated May 28, 1991 , which
bears the signature of the Finance Director and is approved
for submission by the Mayor, and having also considered a
supplemental letter from the City Clerk dated June 13, 1991 ,
the Council does hereby authorize the purchase of a CIE-1000
Printer, Speedtear Option, Bar-Code Reader and a Service Contract
for a total price of $14,570.00 from Business Records
Corporation, 155 North Wacker Drive, Chicago, IL 60606,
$11 ,955,00 of which is to be appropriated and expended from
Capital Outlay Account 101-193-987-000, as well as the additional
sum of $2,615,00 from the Unexpended Fund Balance Account for
this purpose, FURTHER, the Council does hereby authorize the
said item without competitive bidding in accordance with the
provisions set forth in Section 3.04.140 D.5 of the Livonia
Code of Ordinances, as amended
#470-91 RESOLVED, that having considered a letter from certain L
resid8Ot3 dated May 2O, l99l reguesting th8 i0 rVVe0ent Vf
Henry Ruff Road between Five Mile and Lyndon, the Council does
hereby refer this request to the City Engineer for his report
and recommendation.
#471~91 RESOLVED, that the Council does hereby refer to the
Streets, Roads and Plats Committee for its report and
recommendation the matter of establishing a policy in connection
with the financing of road improvements in areas where it would
be inequitable to specially assess property owners with road
frontage.
#472-91 RESOLVED, that the Council does hereby refer to the
Traffic Commission for its report and recommendation the matter
of speeding motorists on Flamingo south of Five Mile Road
#473-91 RESOLVED, that having considered a letter from Ruth
and Barry Offerman, 27427 Long Avenue, Livonia, Michigan 48152
dated May 28, 1991 , expressing an interest in the purchase
of Lot 41 , which is located between 27427 and 27419 Long Avenue,
the Council does hereby refer this item to the Department of
Law for its report and recommendation.
#474-91 RESOLVED, that having considered the report and
recommendation of the Mayor dated May 23, 1991 in connection
L
with the Madonna University First Annual Homecoming Carnival
which was conducted on May 2 - 5, 1991 , the Council does hereby
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110 A communication from the Department of Law, dated June 11 , 1991 re Pentagon
Properties Ltd Partnership v City of Livonia, and City of Livonia Zoning Board
of Appeals Wayne County Circuit Court Civil Action No. 91-104217-NZ was received
and placed on file for the information of the Council .
A communication from the Department of Law, dated June 14, 1991 re Susanne
Brown v City of Livonia and Board of Trustees of the Livonia Employees Retirement
System Wayne County Circuit Court Case No. 90-032578-CZ was received and placed
on file for the information of the Council .
A communication from the City Clerk, dated June 4, 1991 re Livonia Public
Schools Taxation Resolution for 1991 was received and placed on file for the
information of the Council .
A communication from the City Clerk, dated June 4, 1991 re Schoolcraft
Community College Taxation Resolution for 1991 was received and placed on file
for the information of the Council .
A communication from the City Clerk, dated June 10, 1991 re Clarenceville
School District 1991 Tax Collection was received and placed on file for the
information of the Council .
A communication from the City Clerk, dated June 13, 1991 re Oakland School
District 1991 Tax Collection was received and placed on file for the information
of the Council .
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
it was
#468-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 10, 1991 , which transmits
its resolution 4-76-91 , adopted on April 30, 1991 , with regard
to Petition 91-3-2-11 , submitted by Transmission Retailers
Inc. requesting waiver use approval to expand an existing
transmission rebuilding and repair facility located within
the Jeffries Commerce Center on the south side of Schoolcraft
Road west of Inkster Road in the Northeast 1/4 of Section 25,
26518
determine to waive all Police Reserve fees with regard to this
activity.
#475-91 RESOLVED, that having considered a communication from
the Water and Sewer Board dated May 29, 1991 , approved by the
Director of Finance and approved for submission by the Mayor,
which transmits its resolution WS 2928 5/91 , the Council does
hereby authorize S L.C. Hydro-Metric, Inc. , 3059 Dixie Highway,
Pontiac, Michigan 48055, to perform test and repair of large
commercial water meters at the unit prices bid for all meter
sizes requested for the period through December 31 , 1991 , for
a price not to exceed $14,755.00, FURTHER, the Council does
hereby authorize the said item without competitive bidding
in accordance with Section 3 04.140.D 5 of the Livonia Code
of Ordinances, as amended.
#476-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated June 5,
1991 , approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the
bid of Case Power and Equipment, 21377 Telegraph Road,
Southfield, Michigan 48034, for supplying the Public Service
Division (Road Maintenance Section) with an all purpose tractor/
loader for a total price of $35,202 39, the same having been
lio in fact the lowest bid received and meets all specifications,
FURTHER, the Council does hereby authorize the advance of the
aforesaid amount from the Capital Projects Fund to be reimbursed
at a later date from the Refuse Fund
#477-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated June 5,
1991 , approved for submission by the Mayor, to which is attached
the draft of a proposed recycling ordinance, the Council does
hereby refer this item to the Legislative Committee for its
report and recommendation.
#478-91 WHEREAS, the County of Wayne, pursuant to the provisions
of the Michigan Solid Waste Management Act, P.A. 641 of 1978,
as amended, has established a Solid Waste Management Plan
("Plan") , and
WHEREAS, the Plan has been adopted by the municipalities
of the County of Wayne and has been approved by the Michigan
Department of Natural Resources as of October 1 , 1990, the
date it became effective in accordance with law, and
WHEREAS, the Plan requires that all municipalities
in Wayne County take certain steps to implement the Plan, and
WHEREAS, one of these required steps is that each
municipality within Wayne County on or before January 1 , 1991 ,
adopt a resolution that states the municipality' s commitment
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limto establishing a community-wide drop-off recycling system
in accordance with the requirements described on page 27 of
the Wayne County Solid Waste Management Plan.
NOW, THEREFORE, BE IT RESOLVED that the City of Livonia
has established by September 1 , 1991 a community wide drop-off
recycling system, in accordance with the requirements of the
Wayne County Solid Waste Management Plan
BE IT FURTHER RESOLVED that a copy of this resolution
be forwarded to the Wayne County Division of Public Works,
415 Clifford, Detroit, Michigan 48226, in accordance with the
requirements of the Wayne County Solid Waste Management Plan
as adopted, approved and made effective October 1 , 1990
#479-91 WHEREAS, the County of Wayne, pursuant to the provisions
of the Michigan Solid Waste Management Act, P.A 641 of 1978,
as amended, has established a Solid Waste Management Plan,
and
WHEREAS, the Plan has been adopted by the municipalities
of the County of Wayne and has been approved by the State of
Michigan, Department of Natural Resources as of October 1 ,
1990, the date it became effective in accordance with law,
imp and
WHEREAS, the Plan requires that all municipalities
in Wayne County take certain steps to implement the Plan, and
WHEREAS, one of these required steps is that each
municipality within Wayne County on or before January 1 , 1991 ,
adopt a resolution committing the municipality to conduct a
feasibility study of waste management compliance options
available to the municipality as describ€d on pages 28 - 38
of the Wayne County Solid Waste Management Plan.
NOW, THEREFORE, BE IT RESOLVED that the City of Livonia
will conduct a feasibility study to determine which waste
management compliance option available to the community
best serves its needs. The feasibility study will address
among other matters the solid waste management hierarchy in
an integrated management system, i .e , reduction, reuse,
recycling, composting, waste-to-energy incineration,
incineration, or landfilling
FURTHER BE IT RESOLVED that the study shall be
conducted, completed and forwarded to the County for review
and comment on or before September 1 , 1991
impFURTHER BE IT RESOLVED that a copy of this resolution
be forwarded to the Wayne County Division of Public Works,
415 Clifford, Detroit, Michigan 48226, in accordance with the
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Im. requirements of the Solid Waste Management Plan as adopted,
approved and made effective October 1 , 1990
#480-91 RESOLVED, that the Council does hereby refer to the
Water and Sewer Committee for its report and recommendation
the subject of the Feasibility Study of Waste Management
Compliance Options.
#481-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City
Librarian dated June 5, 1991 , approved by the Director of Finance
and approved for submission by the Mayor, and which submits
final cost information with regard to the Noble Library roofing
and building project which was previously authorized in Council
Resolution 878-90, adopted on September 24, 1990, the Council
does hereby determine as follows:
1 . To authorize final payment (Estimate No. 4) in the
amount of $7,459.67 to Etna Electrical Co. , Inc. , 29591
West Chicago, Livonia, Michigan 48150,
2. To authorize final payment (Estimate No. 3) in the
amount of $2,180.00 to Michael & Solomon Contractors,
31185 Schoolcraft Road, Livonia, Michigan 48150, and
ibm 3. To appropriate the additional amount of $8,681 .20 from
the Unexpended Fund Balance of the Library Fund.
#482-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City
Engineer dated June 5, 1991 , approved by the Director of Finance
and approved for submission by the Mayor, with regard to the
procurement of geotechnical engineering services for the City
landfill in connection with the City obtaining an operating
license to conduct landfill operations in accordance with
Michigan' s Solid Waste Management Act of 1978, P A. 641 , as
amended, the Council does hereby authorize the use of GZA
Geoenvironmental , Inc. , 38019 Schoolcraft Road, Livonia, Michigan
48150, to perform the said engineering services at the City
Landfill at a cost not to exceed $2,000.00, and the sum of
$2,000.00 is hereby appropriated and authorized to be expended
from the Unexpended Fund Balance Account of the Refuse Fund
for this purpose
#483-91 RESOLVED, that the Council does hereby refer to the
Water and Sewer Committee for its report and recommendation
the subject of the procurement of geotechnical services for
the City landfill .
16. #484-91 RESOLVED, that having considered the report and
recommendation of the Director of Public Works dated May 21 ,
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1991 , approved by the Director of Finance and approved for
submission by the Mayor, and the attached final estimate dated
May 21 , 1991 , the Council does hereby authorize final payment
in the amount of $2,844.00 to Westland Tree Service, 41307
Five Mile Road, Plymouth, Michigan 48170, which sum includes
the full and complete balance due on a contract dated January
16, 1991 in the amount of $21 ,000.00, the actual contract amount
completed to date being $23,844 00 in connection with the 1991
Tree and Stump Removal Program, it appearing from the
aforementioned report that all work under the said contract
has been completed in accordance with City standards and
specifications.
A communication from the Director of Public Works, dated June 4, 1991
re Lot Split Signs Cost Report was received and placed on file for the information
of the Council .
#485-91 RESOLVED, that having considered the report and
recommendation of the Finance Director dated May 29, 1991 ,
approved for submission by the Mayor, the Council does hereby
accept the unit price bid of May' s Commercial Services Inc. ,
2870 - 2 E. Grand Blvd , Suite 700, Detroit, Michigan 48202
ifts for the printing of City envelopes using 50% recycled paper,
for the amount indicated in the attachment and the Council
does hereby authorize the said item without any additional
competitive bidding in accordance with Section 3 04 140 D.5
of the Livonia Code of Ordinances, as amended
#486-91 RESOLVED, that the Council does hereby request that
the Mayor submit a report and recommendation with regard to
the possible adjustment of the 10% policy limitation set forth
in his letter of June 7, 1990 with regard to the use of recycled
paper materials.
#487-91 RESOLVED, that having considered the report and
recommendation of the City Librarian dated June 3, 1991 , approved
by the Finance Director and approved for submission by the
Mayor, the Council does hereby authorize the purchase of three
photocopier machines from Xerox Corporation, 300 Galleria
Officentre, Southfield, Michigan 48034, for a total price of
$18,610 00, the same having been in fact the lowest bid received
which meets the needs and specifications of the Livonia Public
Library.
#488-91 RESOLVED, that the Council does hereby request that
the Department of Law submit a report and recommendation with
regard to the use of photocopier machines in the Livonia Public
Library by patrons and the possible violation of copyright
laws in this connection.
#489-91 RESOLVED, that having considered a communication from
26522
the Executive Director of the Livonia Housing Commission dated
L May 21 , 1991 which transmits a resolution adopted by the
Commission wherein it is recommended that the Silver Village
admission policy be revised as follows
Section I - Eligibility for Admission and Section IV Eligibility
for Continued Occupancy (annual re-examination)
Present Admission Limits Revised Admission Limits
23,150 Single $25,000 Single
$26,450 Couple $28,550 Couple
Present Continued Occupancy Revised Continued Occupancy
$26,450 Single $27,300 Single
$29,050 Couple $31 ,150 Couple
the Council does hereby concur in and approve of such action.
1490-91 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks & Recreation
dated May 30, 1991 , approved for submission by the Finance
Director and the Mayor, the Council does hereby appropriate
the amount of $75,000.00 from the Capital Improvement Account
�
to be transferred to the following accounts in the following
amounts in order to fund several improvement projects at each
of the City golf courses, including sand for traps, tree
planting, cart paths and other improvements
ACCOUNT SITE AMOUNT
409-000-974-101 Whispering Willows $25,000
409-000-974-102 Idyl Wyld $25,000
409-800-974-103 Fox Creek $25,000
TOTAL $75,000
1491-91 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation
dated June 4, 1991 , approved for submission by the Mayor, which
transmits Parks and Recreation Commission resolution 2130-91
wherein it is recommended that permission be granted to Michigan
State Youth Soccer Association to hold the Ford-Wolverine Soccer
Tournament on July 5, 6 and 7, 1991 at Bicentennial Park based
upon the conditions set forth therein and wherein it is
recommended that the Department withhold co-sponsorship and
the Council deny MSYSA' s request for waiver of fees, the Council
does hereby concur in and approve of the recommended action
based upon the same conditions and limitations.
~~~ 1492-91 RESOLVED, that having considered a communication from
the City Planning Commission dated June 5, 1991 , which transmits
26523
L its resolution 6-97-91 , adopted on June 4, 1991 with regard
to a sign permit application submitted by Redstone Architects
on behalf of Amoco Oil Company for a new ground sign on the
northeast corner of Six Mile and Haggerty Roads, the Council
does hereby concur in the recommendation of the Planning
Commission and approve the said sign permit application subject
to compliance with the same conditions set forth in the aforesaid
action of the Planning Commission.
#493-91 RESOLVED, that having considered a communication from
the City Planning Commission dated June 5, 1991 which transmits
its resolution 6-100-91 , adopted on June 4, 1991 , with regard
to the revised site plan submitted in connection with Petition
86-4-8-25 by Schostak Brothers & Co. , Inc. , requesting approval
of all plans required by Section 18 47 of Ordinance 543 in
connection with a proposal to construct a mixed use development
on the north side of Six Mile Road between Newburgh Road and
the 1-275 Freeway in Section 7, the Council does hereby concur
in the recommendation of the Planning Commission and the revised
site plan submitted in connection with Petition 86-4-8-25 is
hereby approved and granted, such approval to be based upon
the same conditions as those set forth in the aforesaid
recommendation of the Planning Commission.
#494-91 RESOLVED, that having considered the report and
110 recommendation of the City Engineer dated June 3, 1991 , which
bears the signature of the Finance Director and is approved
for submission by the Mayor and to which is attached a letter
from the Engineer of Traffic Operations for the County of Wayne
dated May 31 , 1991 and having considered the necessity for
traffic signal modernizations at Newburgh and Ann Arbor Trail
and Newburgh and Churchill High School Drive in connection
with the Newburgh Road paving project, the Council does hereby
approve and authorize the said traffic signal modernizations ,
FURTHER, the Council having been advised that the estimated
cost of the said traffic signal modernizations is $72,500.00,
the Council does hereby approve of the City assuming 100% of
the cost of such modernizations and for this purpose does hereby
appropriate and authorize the expenditure of a sum not to exceed
$72,500.00 from the Michigan Transportation Fund (Major Road
Account) , FURTHER, the Council does hereby agree to pay 100%
of the future energy and maintenance costs of the aforesaid
traffic control signals and the Wayne County Department of
Public Services, Division of Roads, is hereby requested to
cause the said traffic signals to be modernized at the aforesaid
locations in an expeditious manner, and the Mayor and City
Clerk are hereby authorized to execute the attached agreement
for and on behalf of the City of Livonia, and the City Clerk
is requested to send a certified copy of this resolution to
the Wayne County Department of Public Services, Division of
Roads, to the attention of the Engineer of Traffic Operations.
26524
ims #495-91 RESOLVED, that the Council does hereby refer to the
City Council/Schools Liaison Committee for its report and
recommendation the subject of school participation in the cost
involved for traffic signal modernization.
#496-91 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Superintendent
of Parks and Recreation dated June 3, 1991 , which bears the
signature of the Finance Director and is approved for submission
by the Mayor, and to which is attached Change Order No. 1 dated
June 3, 1991 for the installation of 4" rigid conduit and
coupling nipples to accommodate an electrical drop and hand
dug trench and installation of 4" secondary conduit with wiring
from the transformer to new pump location needed to complete
the installation at Idyl Wyld Golf Course, the Council does
hereby authorize the said change order and the payment of an
additional $762.35 to Matika Electrical & Construction Co. ,
345 E Eight Mile Road, Hazel Park, MI 48030, the said funds
to be appropriated and expended from the Idyl Wyld Golf Course
Capital Improvement Fund for this purpose
#497-91 RESOLVED, that having considered a communication from
the Director of Finance dated May 20, 1991 , approved for
submission by the Mayor, to which is attached a proposed
agreement between the City of Livonia and Karoub Associates,
200 Capitol Building, Suite 500, Lansing, Michign 48933, to
act as the City' s legislative consultant for the period January
1 , 1991 through December 31 , 1991 , for an annual fee of
$20,000 00, including all expenses, the Council does hereby
approve the agreement in the manner and form herein submitted,
and the Mayor and City Clerk are hereby authorized, for and
on behalf of the City of Livonia, to affix their signatures
to the said agreement, subject to approval as to form by the
Department of Law.
#498-91 RESOLVED, that having considered the report and
recommendation of the Director of Finance dated May 28, 1991 ,
approved for submission by the Mayor, to which is attached
the annual membership fee notice from the Michigan Municipal
League for the period July 1 , 1991 through June 30, 1992 in
the amount of $9,931 .00, the Council does hereby authorize
the payment of same from monies budgeted for this purpose
#499-91 RESOLVED, that having considered a letter from the
Director of Community Resources dated May 30, 1991 , which bears
the signature of the Finance Director and is approved by the
City Attorney, and is approved for submission by the Mayor,
to which is attached a proposed agreement between the City
110 of Livonia and University Transportation Services, 8508 N.
Lilley, Canton, Michigan 48187 for the period July 1 , 1991
to June 30, 1992, which agreement would provide shuttle
GUJ4.0
transportation services to various locations in Ann Arbor,
Ypsilanti and designated communities, 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; FURTHER, the Mayor and City Clerk
are hereby authorized to execute an agreement for and on behalf
of the City of Livonia, with SMART for support of the agreement,
provided that the agreement is approved as to form by the
Department of Law.
1500-91 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources dated
May 30, 1991 , approved by the City Attorney and the Finance
Director and approved for submission by the Mayor, and to which
is attached a proposed agreement for the User Side Subsidy
Program (Dial-A-Ride) for senior and handicapped citizens in
the communities of Farmington, Farmington Hills, Northville,
Northville Township, Livonia and the City of Plymouth, for
the period July 1 , 1991 to June 30, 1992, the Council does
hereby authorize the Mayor and City Clerk for and on behalf
of the City of Livonia to execute the said agreement with SMART
in the manner and form herein submitted as well as do all other
things necessary and incidental to the full performance of
this resolution.
1501-91 RESOLVED, that having considered a report and
recommendation from the Department of Law dated May 16, 1991 ,
approved for submission by the Mayor, in connection with the
obtaining of an appraisal of a sewer easement at 36140 Six
Mile Road on property owned by Estelle Wagenschutz, the Council
does hereby authorize the Department of Law to employ the
services of Leo Buffa, SRA-ASA-SR/WA, to prepare a real estate
appraisal of said sanitary sewer easement for a sum not to
exceed $750 and for necessary title work for a sum not to exceed
$135; and the sum of $885 is hereby appropriated and authorized
to be expended from the Unexpended Fund Balance Account for
this purpose.
A communication from the Department of Law, dated May 24, 1991 re
Jurisdiction of Zoning Board of Appeals to Grant Use Variances, Council Resolution
398-91 , was received and placed on file for the information of the Council .
#502-91 RESOLVED, that having considered a communication from
the City Planning Commission dated June 10, 1991 which transmits
its resolution 5-90-91 , adopted on May 14, 1991 , with regard
to a sign permit application submitted by Hillman Properties,
Inc on behalf of Victor Corporate Park requesting an on-site
building identification sign at the Victor Corporate Park,
the Council does hereby concur in the recommendation of the
Planning Commission and approve the said sign permit application,
26526
110 subject to compliance with the same conditions set forth in
the aforesaid action of the Planning Commission.
#503-91 RESOLVED, that having considered a communication from
Jerry Carson, 31185 Lyndon, Livonia, Michigan, received by
the office of the City Clerk on June 10, 1991 , 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 June 4, 1991 by the City Planning
Commission in its resolution 6-99-91 with regard to a satellite
disc antenna application submitted by Jerry Carson for a
satellite disc antenna to be located at 31185 Lyndon in Section
23, the Council does hereby designate Wednesday, August 14,
1991 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 543, as amended,
the Zoning Ordinance of the City of Livonia
#504-91 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, August
14, 1991 at 7 30 P.M. at the City Hall , 33000 Civic Center
Drive, Livonia, Michigan with respect to the following items
(1 ) Petition 91-4-1-10, submitted by Ronald Parz, for
a change of zoning on property located south of
Plymouth Road, east of Jarvis Avenue in the Southeast
1/4 of Section 30, the City Planning Commission in
its resolution 6-92-91 having recommended to the
City Council that Petition 91-4-1-10 be denied,
(2) Petition 91-4-1-11 , submitted by the City Planning
Commission on its own motion for a change of zoning
on property located in the Southeast 1/4 of Section
30, from R-7 to RC, the City Planning Commission
in its resolution 6-91-91 having recommended to the
City Council that Petition 91-4-1-11 be approved,
FURTHER, THE City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
1.1 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,
26527
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.
A roll call vote was taken on the foregoing resolutions with the following result
AYES: Bishop, Taylor, Jurcisin, Ochala, Feenstra, Toy and McCotter.
NAYS. None.
On a motion by Councilman Feenstra, seconded by Councilman Ochala,
and unanimously adopted, it was
#505-91 RESOLVED, that having considered the report and
recommendation of the Legislative Committee dated June 4, 1991
and submitted pursuant to Council Resolution 78-91 with regard
lim to the question of the application of Section 2.04.120 of the
Livonia Code of Ordinances with respect to Council members
who remove themselves from the dais in lieu of voting on
questions, the Council does hereby request that the Department
of Law prepare an ordinance amendment to the Livonia Code of
Ordinances, Section 2.04.120 which would insert the following
language after the words "the common public interest" "or
if he or she is an officer or board member of an organization
which is requesting action by the City Council , an abstention
will be allowed, but on all other questions. . . . "
On a motion by Councilman Feenstra, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#506-91 RESOLVED, that having considered the report and
recommendation of the Legislative Committee dated June 4, 1991
and submitted pursuant to Council Resolution 129-91 with regard
to the question of whether Section 16.32.060 of the Livonia
Code of Ordinances with regard to lot partitions should be
amended so as to establish a maximum set back provision, the
Council does hereby request that the Department of Law prepare
an amendment to the Livonia Code of Ordinances, Section 16.32.060
which would insert at the end of this section the following
language "and it shall be further required that all signs
shall be prominently displayed and readily visible to passersby
160 at all times required herein "
26528
[.. On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
1507-91 RESOLVED, that having considered the report and
recommendation of the Legislative Committee dated June 4, 1991
and submitted pursuant to Council Resolution 246-91 in connection
with a communication from the City Planning Commission dated
January 23, 1991 , which sets forth its resolution 1-8-91 , adopted
on January 15, 1991 , with regard to Petition 90-12-6-10 submitted
by the City Planning Commission on its own motion to determine
whether to amend Section 5 03 of Zoning Ordinance 543 so as
to add day care nursery facilities as a waiver use in the RUF
district regulations, and the Council having conducted a public
hearing with regard to this matter on March 13, 1991 , pursuant
to Council Resolution 75-91 , the Council does hereby request
that the Inspection Department submit a report and recommendation
with regard to licensing requirements, if any, which are
applicable to day care nurseries, as well as, on the question
of whether the building code requires standards of construction
greater than that prescribed by residential dwellings in general .
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
Land unanimously adopted, it was
1508-91 RESOLVED, that having considered the report and
recommendation of the Legislative Committee dated June 4, 1991
and submitted pursuant to Council Resolution 246-91 in connection
with a communication from the City Planning Commission dated
January 23, 1991 , which sets forth its resolution 1-8-91 , adopted
on January 15, 1991 , with regard to Petition 90-12-6-10 submitted
by the City Planning Commission on its own motion to determine
whether to amend Section 5 03 of Zoning Ordinance 543 so as
to add day care nursery facilities as a waiver use in the RUF
district regulations, and the Council having conducted a public
hearing with regard to this matter on March 13, 1991 , pursuant
to Council Resolution 75-91 , the Council does hereby request
that the Planning Department submit a report and recommendation
on state regulations governing day care nurseries including
square foot requirements for bed and play space for children.
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
#509-91 RESOLVED, that having considered the report and
recommendation of the Legislative Committee dated June 4, 1991
and submitted pursuant to Council Resolution 246-91 in connection
with a communication from the City Planning Commission dated
26529
low January 23, 1991 , which sets forth its resolution 1-8-91 , adopted
on January 15, 1991 , with regard to Petition 90-12-6-10 submitted
by the City Planning Commission on its own motion to determine
whether to amend Section 5.03 of Zoning Ordinance 543 so as
to add day care nursery facilities as a waiver use in the RUF
district regulations, and the Council having conducted a public
hearing with regard to this matter on March 13, 1991 , pursuant
to Council Resolution 75-91 , the Council does hereby request
that the Department of Law submit a report and recommendation
on state regulations governing licensure of in-home day care
nursery facilities.
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
#510-91 RESOLVED, that having considered the report and
recommendation of the Legislative Committee dated June 4, 1991
and submitted pursuant to Council Resolution 246-91 in connection
with a communication from the City Planning Commission dated
January 23, 1991 , which sets forth its resolution 1-8-91 , adopted
on January 15, 1991 , with regard to Petition 90-12-6-10 submitted
by the City Planning Commission on its own motion to determine
Imo whether to amend Section 5.03 of Zoning Ordinance 543 so as
to add day care nursery facilities as a waiver use in the RUF
district regulations, and the Council having conducted a public
hearing with regard to this matter on March 13, 1991 , pursuant
to Council Resolution 75-91 , the Council does hereby request
that the Planning Department submit a report and recommendation
with respect to ordinances covering day care nurseries in other
communities including submission of copies of such ordinances.
On a motion by Councilman Bishop, seconded by Councilman Taylor,
and unanimously adopted, it was
#511-91 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Committee dated June 10,
1991 and submitted pursuant to Council Resolution 681-88 with
regard to the proposed Wayne County Solid Waste Disposal Plan,
as well as Council Resolution 982-88, wherein Councilman Bishop
and Councilwoman Toy were designated as Council Representative
and Alternate respectively to the Livonia Solid Waste Committee,
the Council does hereby determine to take no further action.
On a motion by Councilman Bishop, seconded by Councilman Taylor,
Land unanimously adopted, it was
26530
#512-91 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Committee dated June 10,
1991 and submitted pursuant to Council Resolution 977-88 with
regard to a proposed meeting to be conducted on October 27,
1988 on the subject of recycling, the Council does hereby
determine to take no further action.
On a motion by Councilman Bishop, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#513-91 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Committee dated June 10,
1991 and submitted pursuant to Council Resolution 214-90 in
connection with a communication from the Council President dated
February 23, 1990, wherein it is proposed that additional items
such as plastics, household batteries, office/computer paper
and composting be added and included for recycling at the City' s
Recycling Center, the Council does hereby determine to take
no further action with the exception of household batteries,
which item is to remain in the Water and Sewer Committee for
further consideration
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
#514-91 RESOLVED, that the Council does hereby refer to the
Administration for its report and recommendation the matter
of the proposed recycling of household batteries
On a motion by Councilman Bishop, seconded by Councilman Taylor,
and unanimously adopted, it was
#515-91 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Committee dated June 10,
1991 and submitted pursuant to Council Resolution 215-90 in
connection with a communication from the Council President dated
February 26, 1990, wherein it is proposed that Spring and Autumn
Household Hazardous Waste Days in the City of Livonia be
established, the Council does hereby determine to take no further
action inasmuch as the current contract includes "one" collection
day per year.
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
26531
IL' #516-91 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Committee dated June 10,
1991 and submitted pursuant to Council Resolution 737-90 in
connection with a resolution adopted by the City Council of
the City of Riverview which supports the adoption of legislation
which would require a deposit on the sale of batteries and tires
to encourage recycling rather than landfilling of these items,
the Council does hereby determine to take no further action.
The agreement between the City of Livonia and the Joint Venture of Orchard,
Hiltz & McCliment, Inc and Hubbell , Roth & Clark, Inc. to provide professional
engineering services for bid and construction phases of the rehabilitation program
for the North Huron Valley/Rouge Valley Wastewater Control System (CR 1043-90) was
received and placed on file for the information of the Council
On a motion by Councilman Bishop, seconded by Councilman Taylor,
ii.and unanimously adopted, it was
#517-91 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Committee dated June 10,
1991 and submitted pursuant to Council Resolution 1131-90 in
connection with the report and recommendation of the Director
of Public Works dated December 6, 1990, approved for submission
by the Mayor, to which is attached a proposed Request for Proposal
for curbside recycling and composting, the Council does hereby
determine to take no further action.
Councilman Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTIONS 10 02 AND
10.03 OF ARTICLE X AND SECTIONS 11 .02 AND
11 .03 OF ARTICLE XI OF ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE. " (Petition
90-6-6-4)
A roll call vote was taken on the foregoing Ordinance with the following result.
lit, AYES. Bishop, Taylor, Jurcisin, Ochala, Feenstra, Toy and McCotter.
NAYS None
26532
ILThe President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Jurcisin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING TITLE 9, CHAPTER 94
(FIREARMS, LONGARMS, AND OTHER DANGEROUS
WEAPONS) 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 word repeated
herein. The above Ordinance was placed on the table for consideration at the
next regular meeting.
Councilman Taylor gave first reading to the following Ordinance.
AN ORDINANCE AMENDING SECTION 8 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 91-2-1-6)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances
in the office of the City Clerk and is the same as if word for word repeated
herein. The above Ordinance was placed on the table for consideration at the
next regular meeting.
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
#518-91 RESOLVED, that having considered a communication from
the City Planning Commission dated May 13, 1991 which transmits
its Resolution 4-87-91 with regard to a revised site plan dated
April 1 , 1991 which would allow for a second driveway in
connection with Petition 87-5-2-16 submitted by Michael Boggio
Associates for waiver use approval to construct a retail shopping
plaza on the south side of Five Mile Road between Bainbridge
and Spanich Court in the Northwest 1/4 of Section 23, the Council
does hereby concur in the recommendation of the Planning Commission
and the revised site plan is hereby approved and granted.
26533
low On a motion by Councilman Feenstra, seconded by Councilman Taylor,
and unanimously adopted, it was
#519-91 RESOLVED, that the Council does hereby request that
the Inspection Department submit a report and recommendation
with regard to the liquids which may be draining into the sewer
system from the dumpster located behind the Kroger Supermarket
on the south side of Five Mile Road east of Bainbridge.
A communication from the Inspection Department, dated May 15, 1991 re 19710
Middlebelt - Cantoro Market (removal of trash and debris and the unlicensed vehicle)
was received and placed on file for the information of the Council
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
it was
RESOLVED, that having considered a communication from
the City Planning Commission dated May 10, 1991 , which transmits
loi its resolution 4-84-91 , adopted on April 30, 1991 , with regard
to a Sign Permit Application submitted by Classic Canopy on
behalf of Cantoro Market for a new awning sign at 19710 Middlebelt
Road, the Council does hereby concur in the recommendation of
the Planning Commission and approve the said sign plan, subject
to compliance with the same conditions set forth in the aforesaid
action of the Planning Commission
On a motion by Councilman Feenstra, seconded by Councilman Bishop,
it was
#520-91 RESOLVED, that having considered a communication from
the City Planning Commission dated May 10, 1991 , which transmits
its resolution 4-84-91 , adopted on April 30, 1991 , with regard
to a Sign Permit Application submitted by Classic Canopy on
behalf of Cantoro Market for a new awning sign at 19710 Middlebelt
Road, the Council does hereby refer this item to the Committee
of the Whole for its report and recommendation.
A roll call vote was taken on the resolution to refer with the following result
AYES• Bishop, Taylor, Jurcisin, Feenstra and McCotter
NAYS Ochala and Toy
26534
liwThe President declared the referral resolution adopted.
A communication from the Inspection Department, dated June 18, 1991 re
19710 Middlebelt - Cantoro Market (illegal 6' privacy fence) was received and placed
on file for the information of the Council .
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
and unanimously adopted, it was
#521-91 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission dated April 9, 1991 , and
the report and recommendation of the Chief of Police dated May
9, 1991 , with regard to the request from Marriott Hotels, Inc.
(A Delaware Corporation) and Marriott Diversified American Hotels,
Limited Partnership (A Delaware Limited Partnership)
(Co-licensees) for a new SDM license to be held in conjunction
with 1990 12 months Resort B-Hotel Licensed Business with Dance
Permit and 227 rooms, located at 17100 Laurel Park, Livonia,
Michigan, Wayne County, the Council does hereby refer this item
to the Committee of the Whole for its report and recommendation.
ile
On a motion by Councilman Jurcisin, seconded by Councilman Feenstra,
and unanimously adopted, it was
#522-91 RESOLVED, that having considered the report and
recommendation of the Executive Director of the Livonia Housing
Commission dated June 3, 1991 , approved for submission by the
Mayor with regard to the proposed acquisition and rehabilitation
of fifteen (15) single site scattered family homes pursuant
to the City of Livonia Housing Assistance Plan for the Community
Development Block Grant Program, the Council does hereby approve
the development application and authorize the execution of an
amended cooperation agreement between the City of Livonia and
the Livonia Housing Commission to include fifteen (15) new public
housing units, which amendment stipulates that future public
housing development applications proposed by the Livonia Housing
Commission may not exceed 177 units of low rent housing without
approval of the City of Livonia.
On a motion by Councilwoman Toy, seconded by Councilman Ochala,
and unanimously adopted, it was
26535
#523-91 RESOLVED, that having considered a letter from the
City Treasurer dated June 3, 1991 , wherein she has asked whether
her office should repair an existing copy machine or will the
City Council approve a new machine which will cost about
$4,000.00, the Council does hereby refer this item to the Capital
Improvement Committee for its report and recommendation.
On a motion by Councilman Feenstra, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#524-91 RESOLVED, that having considered a letter from the
City Treasurer dated June 3, 1991 , wherein she has asked whether
her office should repair an existing copy machine or will the
City Council approve a new machine which will cost about
$4,000.00, the Council does hereby refer this item to the Mayor
for his report and recommendation on the question of whether
it would be possible to replace the said copy machine on a
temporary basis by the use of other available equipment.
On a motion by Councilman Jurcisin, seconded by Councilman Bishop,
Lit was
RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public
Works dated May 22, 1991 , which bears the signature of the Finance
Director, is approved by the City Attorney, and is approved
for submission by the Mayor, with regard to a request from certain
residents of the Burton Hollow Subdivision that at the time
the south service drive of Six Mile Road is replaced in connection
with the construction of the Six Mile relief sewer from Farmington
Road to Levan Road, that the said service drive be widened to
18-1/2 feet with curbs on both sides, the estimated cost of
which additional width is in the amount of $82,746.56, and which
widening project has received the approval of Wayne County,
the Council does hereby determine as follows-
1 To authorize the design, construction, operation and
maintenance at no expense to Wayne County of the curb
and gutter section located along the north edge of the
South Service Drive of Six Mile Road between Wayne Road
and Farmington Road,
2. To indemnify, save harmless, and defend Wayne County,
the Wayne County Department of Public Services, its
officials, agents, and employees against any and all
issclaims, suits and judgments of every name and description
arising out of the design, construction, operation or
maintenance of the curb and gutter section located along
26536
lie the north edge of the South Service Drive of Six Mile
Road between Wayne Road and Farmington Road in the City
of Livonia, such responsibility of the City shall not
be construed as a liability for damage caused by or
resulting from the sole negligence of the County, its
agents, or its employees,
3. To authorize Raul A. Galindo, City Engineer, to sign
the right-of-way occupation permit for the City of
Livonia,
4. To authorize the expenditure of $600.00 to cover Wayne
County permit review and inspection fees,
5. To authorize a change order in the amount of $82,746. 56
to Ric-Man Construction Company, and
6. To authorize an expenditure in the amount of $83,346 56
from the Michigan Transportation fund Local Road Account.
The President relinquished the Chair to the Vice President at 9 12 P.M.
On a motion by Councilman Ochala, seconded by Councilman Feenstra,
Lit was
#525-91 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public
Works dated May 22, 1991 , which bears the signature of the Finance
Director, is approved by the City Attorney, and is approved for
submission by the Mayor, with regard to a request from certain
residents of the Burton Hollow Subdivision that at the time the
south service drive of Six Mile Road is replaced in connection
with the construction of the Six Mile relief sewer from Farmington
Road to Levan Road, that the said service drive be widened to
18-1/2 feet with curbs on both sides, the estimated cost of which
additional width is in the amount of $82,746. 56, and which widening
project has received the approval of Wayne County, the Council
does hereby refer this item to the Streets, Roads and Plats
Committee for its report and recommendation
A roll call vote was taken on the resolution to refer with the following result•
AYES. Ochala, Feenstra, Toy and McCotter.
NAYS. Bishop, Taylor and Jurcisin.
The Vice President declared the referral resolution adopted
imiThe President resumed the Chair at 9 15 P M.
26537
On a motion by Councilman Feenstra, seconded by Councilman Ochala,
and unanimously adopted, it was
#526-91 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public
Works dated May 21 , 1991 , which bears the signature of the Finance
Director, is approved by the City Attorney and is approved for
submission by the Mayor, with regard to the assignment of a
contract in connection with the Point Repair Rehabilitation
Program, previously awarded to Adamo Contracting Corporation
pursuant to Council Resolution 170-90, the Council does hereby
determine as follows
1 . To approve the assignment of the Point Repair
Rehabilitation contract to Troelsen Excavating Company,
1395 Rochester Road, Troy, MI 48083,
2. To rescind paragraph "b" of CR 170-91 that awarded the
contract to Adamo Contracting Corporation,
3. To award a contract to Troelsen Excavating Company,
1395 Rochester Road, Troy, MI 48083 in the amount of
$495,820 00 for the Point Repair Rehabilitation, said
lis awards subject to Wayne County and MDNR/EPA approval ,
and
4. To authorize the City Engineer to approve minor
adjustments in the work as may become necessary
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
and unanimously adopted, it was
1527-91 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources dated
May 30, 1991 , which bears the signature of the Finance Director,
is approved by the City Attorney and is approved for submission
by the Mayor, wherein it is recommended that the user cost for
lift-equipped transporation service be increased from $1 .50
for entire trip to $2.00 for entire trip, the Council does hereby
concur in and approve of such action.
On a motion by Councilman Feenstra, seconded by Councilman Ochala,
it was
RESOLVED, that having considered the report and
recommendation of the Department of Law dated June 4, 1991 ,
approved for submission by the Mayor and submitted pursuant
26538
to Council Resolution 308-91 in connection with a letter from
Peter M. Canilao, 26070 Dover, Redford, Michigan 48239 dated
March 28, 1991 , wherein it is requested that the City of Livonia
convey Lot 36 of Horton' s Newburgh Subdivision to Mr. Canilao
upon payment of delinquent taxes, interest, penalties and costs,
the Council does hereby authorize the sale of the aforesaid
City-owned property to Peter M. Canilao for a total purchase
price of $5,000.00, which sale is conditioned upon the purchaser
providing any title work as may be required for this transaction,
the action herein being taken in order to best serve the interests
of the community, and in accordance with Section 3.05.090A;
and the Mayor and City Clerk are hereby authorized, for and
on behalf of the City of Livonia, to execute a quit claim deed
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.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ochala and Feenstra
NAYS. Bishop, Taylor, Jurcisin, Toy and McCotter.
IL.The President declared the resolution denied
On a motion by Councilman Jurcisin, seconded by Councilman Ochala,
and unanimously adopted, it was
#528-91 RESOLVED, that having considered the report and
recommendation of the Department of Law dated June 4, 1991 ,
approved for submission by the Mayor and submitted pursuant
to Council Resolution 308-91 in connection with a letter from
Peter M. Canilao, 26070 Dover, Redford, Michigan 48239 dated
March 28, 1991 , wherein it is requested that the City of Livonia
convey Lot 36 of Horton' s Newburgh Subdivision to Mr. Canilao
upon payment of delinquent taxes, interest, penalties and costs,
the Council does hereby authorize the sale of the aforesaid
City-owned property to Peter M Canilao for a total purchase
price of $10,000 00, which sale is conditioned upon the purchaser
providing any title work as may be required for this transaction,
the action herein being taken in order to best serve the interests
of the community, and in accordance with Section 3.05 090A,
and the Mayor and City Clerk are hereby authorized, for and
on behalf of the City of Livonia, to execute a quit claim deed
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
26539
such legal documents as may be necessary to consummate this
transaction.
On a motion by Councilwoman Toy, seconded by Councilman Bishop,
and unanimously adopted, it was
#529-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 19, 1991 , which sets
forth its resolution 4-58-91 , adopted on April 16, 1991 with
regard to Petition 91-2-1-3, submitted by Castillo Company,
Inc. for six property owners requesting the rezoning of property
located on the west side of Middlebelt Road between Schoolcraft
Road and Bentley Avenue in the Southeast 1/4 of Section 23,
from RUF to OS, and the Council having conducted a public hearing
with regard to this matter on June 5, 1991 , pursuant to Council
Resolution 364-91 , the Council does hereby concur in the
recommendation of the Planning Commission and the said Petition
91-2-1-3 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 Councilman Jurcisin, seconded by Councilwoman Toy,
it was
#530-91 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 19, 1991 , which sets
forth its resolution 4-60-91 adopted on April 16, 1991 , with
regard to Petition 91-2-1-5, submitted by the City Planning
Commission pursuant to Council Resolution 1103-90 for a change
of zoning on property located at the northwest corner of Newburgh
and Joy Roads in the Southeast 1/4 of Section 31 , from C-1 to
R-1 , and the Council having conducted a public hearing with
regard to this matter on June 5, 1991 , pursuant to Council
Resolution 364-91 , the Council does hereby reject the
recommendation of the Planning Commission and the said Petition
91-2-1-5 is hereby denied in its entirety for the following
reasons.
1 . That the proposed change of zoning is not supported
by the Future Land Use Plan, which designates the area
as commercial .
2. That the proposed change of zoning will deprive the
area of additional neighborhood commercial facilities
26540
which are needed to serve the existing and future
residents.
3. That the proposed change of zoning would be contrary
to good land use planning and zoning.
A roll call vote was taken on the foregoing resolution with the following result:
AYES. Bishop, Taylor, Jurcisin, Ochala, Toy and McCotter.
NAYS. Feenstra.
The President declared the resolution adopted.
On a motion by Councilman Feenstra, seconded by Councilman Bishop,
and unanimously adopted, it was
#531-91 RESOLVED, that pursuant to Section 21 .02 of the Zoning
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, Sharron G. Brown, 35573 Leon, Livonia, Michigan
48150, is hereby reappointed as a member of the Zoning Board
of Appeals, for a three year term of office, such term commencing
on July 12, 1991 , which will expire on July 12, 1994, provided
that Ms. Brown 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.
On a motion by Councilwoman Toy, seconded by Councilman Bishop,
and unanimously adopted, it was
#532-91 RESOLVED, that pursuant to Section 21 .02 of the Zoning
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, Susan J. Muccino, 15854 Blue Skies, Livonia, Michigan
48154, is hereby reappointed as a member of the Zoning Board
of Appeals, for a three year term of office, such term commencing
on July 12, 1991 , which will expire on July 12, 1994, provided
that Ms. Brown 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.
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
Land unanimously adopted, it was
26541
#533-91 RESOLVED, that having considered a communication dated
June 12, 1991 , from the Department of Law transmitting for Council
acceptance five Grants of Easement, more particularly described
as:
1 . Grant of Easement dated May 17, 1991 , executed by James
Meloche and Janet Meloche, his wife, to the City of
Livonia, for:
The East 6 ft. of Lot 195, Rosedale Meadows Sub. , S.E.
1/4 of Section 34, T.1S. , R.9E. , City of Livonia, Wayne
County, Michigan, except the North 6 ft. thereof,
according to the plat thereof as recorded in Liber 76,
Pages 41 , 42 and 43, Wayne County Records (Part of Tax
Parcel 136-02-0195-000)
2. Grant of Easement dated April 29, 1991 , executed by
Helen R. Kaiser, a single woman, to the City of Livonia,
for.
The Westerly portion of Lot 189, Bel-Aire Gardens Sub. ,
N.E 1/4 of Section 35, T.1S. , R.9E. , City of Livonia,
Wayne County, Michigan, described as beginning at the
N.W. corner of Lot 189, proceeding thence S. 89°52' 50"
LE. 6 ft. , thence S. 0°07' 10" W. , 92 ft , thence S.
13°17' 16" E. 17.46 ft. ; thence N. 89°52' 50" W. 10 ft. ,
thence N. 0°17' 10" E. 109 ft. to the Point of Beginning,
according to the plat thereof as recorded in Liber 75,
Page 48 Wayne County Records.
(Part of Tax Parcel 137-01-0189-000).
3. Grant of Easement dated April 16, 1991 , executed by
William P. Barnaart and Mary Ann Barnaart, his wife,
to the City of Livonia, for.
The Easterly portion of Lot 313, Cooperspoon Sub. No.
3, S.E. 1/4 of Section 35, T.1S. , R.9E. , City of Livonia,
Wayne County, Michigan, described as beginning at the
N.E. corner of Lot 313, proceeding thence N. 89°52' 50"
W. 6.0 ft. , thence S. 00°15' 10" W. 45.0 Ft. ; thence
S. 09°10' 40" W 45.11 ft. ; thence S. 89°57' 12" East
13.0 ft. , thence N. 00°15' 10" E. 89. 54 ft. to the Point
of Beginning, according to the plat thereof as recorded
in Liber 75, Page 6, Wayne County Records (Part of Tax
Parcel 140-03-0313-000).
4. Grant of Easement dated May 20, 1991 , executed by Monty
Botosan and Christine Botosan, his wife, to the City
of Livonia, for:
The South 6 ft. of Lot 173, Bel-Aire Gardens Sub. , N.E.
1/4 of Section 35, T 1S. , R.9E , City of Livonia, Wayne
26542
County, Michigan, except the West 6 ft. thereof, also
lio except the East 26 ft. of the West 32 ft. of the North
4 ft. of the South 6 ft. , according to the plat thereof
as recorded in Liber 75, Page 48, Wayne County Records
(Part of Tax Parcel 137-01-0173-000).
5. Grant of Easement dated April 15, 1991 , executed by
Kenneth J Plozai and Irene M. Plozai , his wife, to
the City of Livonia, for
The West 6 ft. of Lot 16, Bel-Aire Gardens Sub. , N.E.
1/4 of Section 35, T 1S , R.9E. , City of Livonia, Wayne
County, Michigan, except the North 6 ft. thereof,
according to the Plat thereof as recorded in Liber 75,
Page 48, Wayne County Records (Part of Tax Parcel 137-01-
0016-000).
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.
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
Land unanimously adopted, it was
#534-91 RESOLVED, that having considered a communication from
the City Librarian dated June 4, 1991 , approved by the Finance
Director and approved for submission by the Mayor, which transmits
Library Commission resolution 10-91 , the Council does for and
on behalf of the City of Livonia accept a cash donation of $50.00
from the Livonia Artists Club to be deposited in and credited
to Civic Center Library Book Account 271-738-978-000 for the
purchase of additional art books for the Civic Center collection.
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
and unanimously adopted, it was
#535-91 RESOLVED, that having considered a communication from
the Director of Community Resources dated June 7, 1991 , approved
by the Finance Director and approved for submission by the Mayor,
the Council does hereby accept cash donations in the amount
of $2,028.05, the same to be deposited in and credited to Account
702-000-285-216 for use in the Senior Citizen programs.
iim On a motion by Councilman Feenstra, seconded by Councilman Taylor,
and unanimously adopted, it was
26543
#536-91 RESOLVED, that the Council does hereby rescind and
repeal Council Resolution 401-91 with respect to the scheduling
of a public hearing on June 26, 1991 in connection with Petition
91-4-2-12.
On a motion by Councilman Feenstra, seconded by Councilman Jurcisin,
and unanimously adopted, it was
1537-91 RESOLVED, that having considered a communication dated
May 7, 1991 from James T. Bilicki , Attorney for Szechuan Empire
Ltd. , 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 April 30, 1991 by the City
Planning Commission in its resolution 4-77-91 with regard to
Petition 91-4-2-12 submitted by Szechuan Empire Ltd. requesting
waiver use approval to utilize a Class C liquor license in
connection with an existing restaurant located on the south
side of Five Mile Road between Middlebelt and Cavour Roads in
the N.W. 1/4 of Section 24 on property zoned C-2, the Council
does hereby designate Wednesday, August 14, 1991 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 543, as amended, the Zoning Ordinance
of the City of Livonia.
On a motion by Councilman Jurcisin, seconded by Councilman Feenstra,
and unanimously adopted, it was
#538-91 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 Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
1539-91 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole dated June 24,
1991 and submitted pursuant to CR 38-91 in connection with a
26544
communication from the City Planning Commission, dated September
21 , 1990, which sets forth its resolution 9-444-90 adopted on
September 18, 1990, with regard to Petition 90-8-2-27 submitted
by Angelo D'Orazio requesting waiver use approval to operate
a limited service restaurant (Polo Yogurt Cafe) within the
Stamford Plaza Shopping Center located on the south side of
Seven Mile Road between Myron and Whitby Streets in the Northeast
1/4 of Section 9, which property is zoned C-2, and the Council
having conducted a public hearing with regard to this matter
on December 17, 1990, pursuant to Council Resolution 924-90,
the Council does hereby reject the recommendation of the Planning
Commission and Petition 90-8-2-27 is hereby approved and granted.
On a motion by Councilman Taylor, seconded by Councilman Jurcisin, and
unanimously adopted, this 1 ,203rd Regular Meeting of the Council of the City of
Livonia was adjourned at 9:45 P.M , June 24, 1991 .
/! 12
Robert F Nash, City Clerk