HomeMy WebLinkAboutCOUNCIL MINUTES 1991-02-06 26292
MINUTES OF THE ONE THOUSAND ONE HUNDRED AND NINETY FOURTH REGULAR MEETING
till OF THE COUNCIL OF THE CITY OF LIVONIA
On February 6, 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 8.04 P.M. Councilman Ochala delivered the invocation.
Roll was called with the following result: Present. Laura Toy, Robert
R. Bishop, Gerald Taylor, Dale Jurcisin, Ron Ochala, Fernon P. Feenstra 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, David Preston, Director of Finance and Karen Szymula, Director of
Legislative Affairs.
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
#100-91 RESOLVED, that the minutes of the 1 ,193rd Regular
Meeting of the Council of the City of Livonia, held January
28, 1991 are hereby approved
On a motion by Councilman Bishop, seconded by Councilman Feenstra,
and unanimously adopted, it was
1101-91 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 Monday, March 18,
1991 at 7 30 P.M. at the City Hall , 33000 Civic Center Drive,
Livonia, Michigan with respect to the following item:
Petition 90-12-6-9, submitted by the City Planning
Commission on its own motion to determine whether to
amend Section 18.50 of Zoning Ordinance 543 with respect
to the control of signs, the City Planning Commission
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in its resolution 1-7-91 having recommended to the City
Council that Petition 90-12-6-9 be approved,
FURTHER, THE City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendment to the Zoning Ordinance, and/or
(b) location of the proposed change of zoning as set forth
above, first to be published in the official newspaper of
the City or a newspaper of general circulation in the City
of Livonia as well as to, not less than fifteen (15) days
prior to said public hearing, cause to have notice to be
given by 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.
The revised and updated Master Plan for the City of Livonia was received
and placed on file for the information of the Council .
Councilman Taylor took from the table, for second reading and adoption,
Lig the following Ordinance
AN ORDINANCE AMENDING SECTION 31 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 90-8-1-19)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES* Ochala, Feenstra, Toy, Bishop, Taylor, Jurcisin and McCotter.
NAYS: None.
The President declared the Ordinance duly adopted, and would become active on
publication
On a motion by Councilman Feenstra, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#102-91 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission dated November 9, 1990,
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and the report and recommendation of the Chief of Police dated
January 8, 1991 , the Council does hereby approve of the request
from Gregory M. Turner, stockholder in G & M Satellite Systems,
Inc. , for transfer of ownership of a 1990 Class C Licensed
Business from Mc Ewen Club House Bar, Inc. for a business located
at 34101 Plymouth, Livonia, Michigan 48150, Wayne County; and
the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission.
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
1103-91 RESOLVED, that having considered a communication dated
January 31 , 1991 , from the Department of Law transmitting for
Council acceptance a quit claim deed, more particularly described
as:
Quit Claim Deed dated January 29, 1991 , executed by James
Robert McEwen, President of McEwen Club House Bar, Inc ,
a Michigan Corporation, for.
The North 60 feet of the following described parcel
L That part of the N E. 1/4 of Section 33, T. 1 S. , R.
9 E. , City of Livonia, Wayne County, Michigan, described
as beginning at a point on the North line of said section
distant due East 400.00 feet from the North 1/4 corner
of Section 33 and proceeding thence South 0 degrees 56
minutes East 467.41 feet, thence North 88 degrees 29
minutes East 114 97 feet, thence North 0 degrees 56 minutes
West 464.36 feet to the North line of Section 33, thence
due West along said line 115.0 feet to the point of
beginning. (Plymouth Road right-of-way)
the Council does hereby, for and in behalf of the City of Livonia
accept the aforesaid Quit Claim Deed 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 the full performance of this resolution,
further, the Council does hereby appropriate and authorize
the expenditure of a sum not to exceed $1 ,311 .00 from the Motor
Transportation Account (Major Roads) to James Robert McEwen,
President of McEwen Club House Bar, Inc. , a Michigan Corporation,
34101 Plymouth Road, Livonia, Michigan 48150, as reimbursement
for construction of sidewalks in front of the subject property,
in accordance with the City' s policy, as set forth in Council
Resolution 87-85 adopted on February 13, 1985, to encourage
property owners to convey right-of-way to the City in a manner
consistent with the Plymouth Road Beautification Policy.
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11. Councilman Taylor gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 350 OF TITLE
13, CHAPTER 08 (WATER SERVICE RATES AND
REVENUES) 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 of the Council .
Councilman Feenstra gave first reading to the following Ordinance•
AN ORDINANCE AMENDING SECTION 070 OF TITLE
13, CHAPTER 08 (WATER SERVICE RATES AND
REVENUES) 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.
110
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council .
Councilman Taylor gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 090 AND
100 OF TITLE 13, CHAPTER 20 (WATER SERVICE
RATES AND REVENUES) 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 of the Council .
Councilman Jurcisin gave first reading to the following Ordinance:
I
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img AN ORDINANCE AMENDING SECTION 070 OF TITLE
13, CHAPTER 20 (WATER SERVICE RATES AND
REVENUES) 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 of the Council .
Councilman Taylor gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 3 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
90-4-1-11 )
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
Lthe 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 of the Council .
On a motion by Councilman Feenstra, seconded by Councilman Jurcisin,
and unanimously adopted, it was
1104-91 RESOLVED, that having considered the report and
recommendation of the Inspection Department, dated January
25, 1991 , with regard to Council Resolution 43-91 , the cleanup
of Spanich Court South of Five Mile, the Council does hereby
determine to receive and file this item.
Councilman Bishop gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 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
timp SECTION 3. THERETO (Petition 90-8-1-22)
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110 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 of the Council .
Councilwoman Toy gave first reading to the following Ordinance.
AN ORDINANCE AMENDING SECTION 3.01 OF
ARTICLE III OF ORDINANCE NO. 543, AS
AMENDED, KNOWN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE" (Petition
90-8-6-5)
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 of the Council .
Iiii Councilman Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 10.03 OF
ARTICLE X OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS THE "CITY OF LIVONIA
ZONING ORDINANCE " (Petition 90-8-6-6)
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 of the Council .
On a motion by Councilman Feenstra, seconded by Councilman Jurcisin,
and unanimously adopted, it was
1105-91 RESOLVED, that having considered the report and
recommendation of the City Engineer dated January 15, 1991 ,
approved as to form by the City Attorney and approved for
submission by the Mayor, and to which is attached a proposed
Lio Storm Sewer and Detention Basin Easement Agreement wherein
Berean Baptist Church, 38303 Eight Mile Road, Livonia,
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Michigan 48150 would convey to Green Meadow Development Company,
Inc. , 30069 Wixom Road, Wixom, Michigan 48096, and the City
of Livonia a non-exclusive perpetual easement to construct,
operate, use, maintain and repair a storm sewer and detention
basin on, over and across parcel 021-990004-007 located in
the North 1/4 corner of Section 6, as legally described in
the attachments to the aforesaid agreement, the Council does
hereby authorize the Mayor and City Clerk for and on behalf
of the City of Livonia to execute the said agreement, and further
directs the City Clerk to record in the office of the Wayne
County Register of Deeds (a) the aforementioned agreement and
(b) a Vacation of Easement as executed by Beck Development
dated December 17, 1990 (which vacates the original private
easement as recorded in Liber 24809, page 314, Wayne County
Records across the Berean Baptist Church property) , and do
all other things necessary or incidental to fulfill the purpose
of the recommendations outlined herein
On a motion by Councilwoman Toy, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#106-91 RESOLVED, that having considered the report and
recommendation of the City Engineer dated January 17, 1991 ,
ibm which bears the signature of the Finance Director and is approved
for submission by the Mayor, and to which is attached a
communication from the Division Design Engineer of the Wayne
County Department of Public Service dated January 8, 1991 with
regard to the reconstruction and widening of Merriman Road
from Highway I-96 to Five Mile Road, the Council does hereby
take this means to indicate that it agrees to (1 ) City
participation in the project cost and (2) the City' s intent
to have the Mayor and City Clerk execute a tri-party agreement
with the State and County at such time as the original agreement
is received from the County Executive and approved by the City' s
Department of Law, and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Wayne County
Department of Public Service, Attention Division Design
Engineer
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
#107-91 RESOLVED, that the Council does hereby request that
the City Engineer submit a report and recommendation with regard
to the need for the resurfacing of Merriman Road, from Plymouth
to Schoolcraft
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Im. On a motion by Councilman Ochala, seconded by Councilman Jurcisin,
and unanimously adopted, it was
1108-91 RESOLVED, that having considered a communication dated
January 24, 1991 , from the Department of Law transmitting- for
Council acceptance a Grant of Easement, more particularly
described as:
Grant of Easement dated January 16, 1991 , executed by
Duane A. Renken, President, Renken/Livonia Associates
Limited Partnership, a Michigan limited partnership,
by Renken Financial Corporation, a Michigan corporation,
its General partner, for.
Land in the City of Livonia, Wayne County, Michigan,
being a part of the Northwest 1/4 of Section 26, T1S. ,
R 9E. The following line description is the centerline
of a 20.00 foot wide easement over an existing Storm
Sewer
Beginning S 89° 21 ' 00"E. 1603.50 feet and S. 00° 29'
56" W. 610.32 feet measured from the N.W corner of
Section 26, Thence S 81 ° 25' 40" E. 203.50 feet to
the point of ending of this line description. Also,
from the above mentioned point of beginning N. 81 ' 25'
40" W 8.0 feet and N 87° 17' 40" W. 122 00 feet to
the point of ending. (Part of Tax Parcel 102-00-0042-000
and Tax Parcel 102-99-0048-005)
the Council does hereby, for and on behalf of the City of
Livonia, accept the aforesaid Grant 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 Councilman Ochala,
and unanimously adopted, it was
1109-91 RESOLVED, that having considered a communication dated
January 24, 1991 , from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly
described as
Grant of Easement dated January 21 , 1991 , executed by Jack
Shenkman, Trustee, Jack Shenkman Revocable Trust William L.
Roskelly and Mary Ann Roskelly, his wife, for
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A 20 foot wide easement for sanitary sewer, more
particularly described as follows
Part of the Northeast 1/4 of Section 24, T. 1 S. , R.
9 E. , City of Livonia, Wayne County, Michigan, described
as beginning at a point distant along the East and West
1/4 line of Section 24 North 89 degrees 58 minutes 00
seconds West 475.16 feet and North 22 degrees 04 minutes
41 seconds East 234.15 feet and North 13 degrees 57 minutes
30 seconds West 88.00 feet from the East 1/4 corner of
said Section 24, T. 1 S. , R 9 E. and proceeding thence
North 13 degrees 57 minutes 30 seconds West 20.00 feet,
thence North 72 degrees 00 minutes 00 seconds East 345.03
feet, thence North 59 degrees 00 minutes 00 seconds East
26.21 feet, thence along the west right-of-way line of
Inkster Road (120 feet wide) South 00 degrees 26 minutes
12 seconds East 22 21 feet, thence South 59 degrees 00
minutes 00 seconds West 20 78 feet, thence South 72 degrees
00 minutes 00 seconds West 345.03 feet to the point of
beginning. (093-99-0002-001 )
the Council does hereby, for and on behalf of the City of
Livonia, accept the aforesaid Grant 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
Ilw necessary or incidental to fulfill the purpose of this
resolution.
On a motion by Councilman Jurcisin, seconded by Councilman Feenstra,
and unanimously adopted, it was
#110-91 RESOLVED, that having considered a communication dated
January 29, 1991 , from the Department of Law transmitting for
Council acceptance Grants of Easement, more particularly
described as
1 Grant of Easement dated October 19, 1990, executed
by Denis L. Reaume and Nancy Reaume, his wife, to the
City of Livonia, for
The South 6 ft. of Lot 2053, Rosedale Gardens No 14,
S W 1/4 of Section 34, T. 1S. R 9E , City of Livonia,
Wayne County, Michigan, except the East 6 ft. thereof,
also except the East 37 ft. of the West 55 ft. of the
North 3 ft. of the South 6 ft (Said subdivision being
recorded in Liber 76, pages 75 and 76, Wayne County
Records. )
2 Grant of Easement dated October 13, 1990, executed
by Gregory Panaretos and Christine Panaretos, his wife,
to the City of Livonia, for
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low The North 6 ft. of Lot 233, Rosedale Meadows Sub. ,
S E 1/4 of Section 34, Ti S , R.9E. , City of Livonia,
Wayne County, Michigan, except the West 9 ft. thereof,
also except the East 26 ft. of the West 35 ft. of the
South 5 ft. of the North 6 ft (Said subdivision being-
recorded in Liber 76, pages 41 , 42 and 43, Wayne County
records. ) (Tax Item No. 46-136-02-0233-000)
3. Grant of Easement dated October 24, 1990, executed
by Sheldon M. Green and Alice Green, his wife, to the
City of Livonia, for
The South 6 ft. of Lot 1763, Rosedale Gardens Sub.
No 9, N.W. 1/4 of Section 34, T.1S. , R 9E , City of
Livonia, Wayne County, Michigan, except the West 6
ft. thereof, also except the East 24 ft. of the West
36 ft. of the North 4 ft of the South 6 ft (Said
subdivision being recorded in Liber 73, page 41 , Wayne
County Records. )
4. Grant of Easement dated November 6, 1990, executed
by Alfred J Vassalo and Charlotte Vassalo, his wife,
to the City of Livonia, for•
The West 6 ft of lot 535, Rosedale Meadows Sub No
Iwo 2, S.E 1/4 of Section 34, T.1S , R 9E. , City of Livonia,
Wayne County, Michigan, except the North 6 ft thereof,
also except the North 25 ft of the South 45 ft of
the East 2 ft of the West 6 ft (Said subdivision
being recorded in Liber 77, Pages 40, 41 and 42, Wayne
County Records )
5. Grant of Easement dated October 31 , 1990, executed
by James J Mazer and Marilyn M Mazer, his wife, to
the City of Livonia, for
The South 6 ft. of Lot 1625, Rosedale Gardens No 9,
N W 1/4 of Section 34, T. 1S. , R.9E , City of Livonia,
Wayne County, Michigan, except the East 6 ft. thereof,
also except the West 27 ft. of the East 33 ft. of the
North 4 ft of the South 6 ft (Said subdivision being
recorded in Liber 73, Page 41 , Wayne County Records. )
6. Grant of Easement dated November 8, 1990, executed
by John M Furlong and Lynn B Furlong, his wife, to
the City of Livonia, for
The North 6 ft of Lot 172, Bel-Aire Gardens Sub. ,
N.E. 1/4 of Section 35, T 1S , R 9E , City of Livonia,
tip Wayne County, Michigan, except the West 6 ft thereof,
also except the East 17 ft of the West 32 ft. of the
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11, South 4 ft. of the North 6 ft (Said plat being recorded
in Liber 75, Page 48, Wayne County Records. ) Sidwell
#46-137-01-0172-000
7. Grant of Easement dated October 24, 1990, executed
by Dianne E. Ross, a single woman, to the City of
Livonia, for:
The East 6 ft. of Lot 293, Cooperspoon Sub. No. 3,
S E. 1/4 of Section 35, T.1S , R.9E. , City of Livonia,
Wayne County, Michigan, except the South 6 ft thereof.
(Said subdivision being recorded in Liber 75, Page
6, Wayne County Records )
8 Grant of Easement dated October 10, 1990, executed
by Cameron Game, Jr. and Alice Game, his wife, to the
City of Livonia, for•
The East 6 ft. of Lot 198, Bel-Aire Gardens Sub. , N E
1/4 of Section 35, T 1S. , R. 9E , City of Livonia, Wayne
County, Michigan, except the South 6 ft. thereof, also
except the North 30 ft. of the South 43 ft of the
West 4 ft of the East 6 ft (Said subdivision being
recorded in Liber 75, Page 48, of Wayne County Records )
Iwo 9. Grant of Easement dated January 25, 1991 , executed
by Charles A. Smith, a single man, to the City of
Livonia, for
The North 8 ft. of Lot 1439, Rosedale Gardens No. 8,
N W. 1/4 of Section 34, T 1S , R 9E , City of Livonia,
Wayne County, Michigan, except the East 6 ft thereof,
also except the East 30 ft of the West 53 ft. of the
South 6 ft. of the North 8 ft according to the plat
thereof as recorded in Liber 71 , page 75, Wayne County
Records
Tax item No. 46-134-02-1439-000
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 Taylor, seconded by Councilwoman Toy, and
unanimously adopted, this 1 ,194th Regular Meeting of the Council of the City of
Livonia was adjourned at 8 20 P M. , February 6, 1991
Robert F Nash, City Clerk