HomeMy WebLinkAboutCOUNCIL MINUTES 1994-05-25 28263
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SEVENTY-THIRD
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On May 25, 1994, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8 01 p m Councilmember Feenstra delivered the
invocation
Roll was called with the following result Fernon P Feenstra,
Michael P McGee, Sean P Kavanagh, Ron Ochala, Dale A Jurcisin, and
Gerald Taylor Absent Laura M Toy (on vacation)
Elected and appointed officials present Robert D Bennett,
Mayor; Gary Clark, Assistant City Engineer; John Nagy, City Planner, Harry
Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A Szymula,
Director of Legislative Affairs; Michael Slater, Finance Director; and
Kevin Roney, Public Utility Manager
On a motion by Kavanagh, seconded by Jurcisin, and unanimously
adopted, it was
#372-94 RESOLVED, that the minutes of the 1,272nd Regular
Meeting of the Council of the City of Livonia, held May 11, 1994,
are hereby approved as submitted
No one wished to speak during the audience communication portion
at the beginning of the meeting
On a motion by Kavanagh, seconded by Feenstra, it was
#373-94 RESOLVED, that having considered an application from
Suzanne Misiaszek, 38605 Mason Court, and Vicki Eidemiller, 14110
Marie, dated April 30, 1994, requesting permission to close Marie
Street south of Mason and north of Summers on Saturday, August
20, 1994, between 12 00 noon until 9 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 21, 1994, in the event of
inclement weather, the action taken herein being made subject to
the approval of the Police Department
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#374-94 RESOLVED, that having considered a letter from the
Coordinator of the Livonia Free Fair, dated May 9, 1994, wherein
a request is submitted for a fireworks display permit, pursuant
to 1968 PA 358, for a fireworks display to be held at Schoolcraft
College on Sunday, June 12, 1994, at 10 00 p m , the Council does
hereby approve of the fireworks display in the manner and form
herein requested, subject to liability insurance in the amount of
$1, 000, 000 being provided for this event; FURTHER, the approval
herein is conditioned upon completion of the fireworks display by
no later than 10 45 p m
A communication from the Inspection Department, dated May 4,
1994, re report on non-residential properties on the south side of Eight
Mile Road from Middlebelt to Merriman Roads for property maintenance and
zoning violations was received and placed on file for the information of
the Council (CR 283-94)
#375-94 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated January 31, 1994, and
the report and recommendation of the Chief of Police, dated April
15, 1994, approved for submission by the Mayor Pro Tem, the
Council does hereby approve of the request from Iman Kashat,
Stockholder in Gleno's, Inc , for a new SDM license to be located
at 27405 Grand River, Livonia, Michigan 48152, Wayne County; and
the City Clerk is hereby requested to forward a certified copy of
this resolution to the Michigan Liquor Control Commission
#376-94 RESOLVED, that having considered the report and
recommendation of the Chairperson of the Historical Commission
and the Director of Community Resources, dated May 9, 1994,
approved by the Finance Director and approved for submission by
the Mayor, the Council does, for and on behalf of the City of
Livonia, accept the attached Grant Award No 94-MEP-0613 to the
Livonia Historical Commission from the State of Michigan,
Department of Commerce, in the amount of $71, 308 00; and the
Mayor and the City Clerk are hereby authorized for and on behalf
of the City of Livonia to execute the attached grant agreement in
the manner and form herein submitted; FURTHER, the Council does
appropriate and authorize the expenditure of $90, 600 00 from the
Post Office Account as well as authorize in-kind services by City
Departments in the amount of $8,000 00, so as to provide matching
funding in a total amount for this project of $98,600 00
#377-94 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 19, 1994, to
which is attached three alternative proposed amendments to
Paragraph 1 of Section 3 04 140E of the Local Bidders Preference
Ordinance, the Council does hereby refer this item to the
Legislative Committee for its report and recommendation
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#378-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 4, 1994, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby authorize final
payment in the amount of $4,449 73 with respect to the City's
share in connection with the widening of Eight Mile Road between
Grand River and Inkster Roads pursuant to Council Resolution
543-87, adopted on June 17, 1987; and the Council does hereby
appropriate and authorize the expenditure of the additional
amount of $2,453 20 from the Michigan Transportation Fund (Major
Road Account) for this purpose
#379-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 4, 1994, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby authorize the
modernization of the existing traffic signal at the intersection
of Seven Mile and Newburgh Road (providing a left-turn phasing
for Newburgh Road) ; FURTHER, the Council having been advised
that the estimated cost of the proposed traffic modernization is
$6,200 00 does hereby approve of the City assuming 100% of the
total actual cost of such modernization and for this purpose does
hereby appropriate and authorize the expenditure of a sum not to
exceed $6,200 00 from the Michigan Transportation Fund (Major
Road Account) ; FURTHER, the Council does hereby agree to pay 50%
of the future energy and maintenance costs of the aforesaid
traffic control signal, and the Wayne County Department of Public
Services, Division of Roads, is hereby requested to cause such
traffic signal modernization at the aforesaid location 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 also requested to send
a certified copy of this resolution to the Wayne County
Department of Public Services, Division of Roads
#380-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 5, 1994, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, with regard to the need for removal/
replacement of certain sidewalks in the Civic Center area, the
Council does hereby request that the said removal/replacement of
the said sidewalks be added to the 1994 Sidewalk Contract;
FURTHER, the Council does hereby appropriate the sum of
$22, 000 00 from the Michigan Transportation Fund (Local Road
Account) for this purpose
#381-94 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Superintendent of
Parks and Recreation, dated May 5, 1994, which bears the
signature of the Finance Director and is approved for submission
by the Mayor, the Council does hereby accept the unit price bid
of Keway Construction Company, Inc , P 0 Box 545, Fenton,
Michigan 48430, for the paving of six foot wide asphalt cart
paths on all 18 holes of the Fox Creek Golf Course for the
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estimated total cost of $105, 585 00 based upon the Engineering
Department's estimate of units involved, and subject to a final
payment based upon the actual units completed in accordance with
the unit prices accepted herein, said estimated cost and unit
prices having been in fact the lowest bid received for this item;
FURTHER, the Council does hereby appropriate and authorize the
sum of an expenditure not to exceed $105, 585 00 from Account No
409-000-974-103 (Golf Course Improvements) for this purpose; and
the City Engineer is hereby authorized to approve minor
adjustments in the work as it becomes necessary; and the Mayor
and City Clerk are hereby authorized to execute a contract for
and on behalf of the City of Livonia with the aforesaid bidder
and to do all other things necessary or incidental to the full
performance of this resolution
#382-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 25, 1994, to which is
attached a copy of resolution 4-76-94 wherein the Commission did
amend Part VII of the Master Plan of the City of Livonia, the
Future Land Use Plan, so as to update the Future Land Use Plan in
accordance with actual and proposed revisions which have occurred
since adoption of the plan on June 10, 1975, the Council does
hereby certify and acknowledge receipt of same
A roll call vote was taken on the foregoing resolutions with the following
result
AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor
NAYS None
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTION 14 OF SECTION 010
OF CHAPTER 16 (PARKS AND PLAYGROUNDS) OF TITLE 12
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
Jurcisin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 030A OF TITLE 5,
CHAPTER 30 (ENTERTAINMENTS AND AMUSEMENTS) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
lmmviozu vmac.,
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The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
Feenstra gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 010 OF CHAPTER 56
(MALICIOUS MISCHIEF) OF, AND ADDING CHAPTER 85 (PARENTAL
RESPONSIBILITY) AND CHAPTER 89 (SPRAY PAINT) TO TITLE 9
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
McGee gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 21 01 OF
ARTICLE XXI OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" (Petition 93-10-6-6)
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
On a motion by McGee, seconded by Ochala, and unanimously
adopted, it was
#383-94 RESOLVED, that having considered a communication from
the Department of Law, dated May 10, 1994, which submits a
proposed amendment to the Zoning Ordinance in connection with
Petition 93-10-6-6, which would amend Article XXI of the Zoning
Ordinance so as to reduce the membership of the Zoning Board of
Appeals from seven (7) members to six (6) members plus an
additional alternate member, with all seven (7) members serving
on a rotating basis, which petition was previously approved in
Council Resolution 321-94, and which proposed amendment to the
Zoning Ordinance received first reading by Councilmember Michael
McGee on May 25, 1994, the Council does hereby refer this item to
the Committee of the Whole for its report and recommendation
(REVISED PAGE)
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ILO Kavanagh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 030 OF TITLE 10,
CHAPTER 57 (TRUCK ROUTES) 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
Jurcisin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTIONS C, D, E AND F
OF SECTION 145 OF TITLE 10, CHAPTER 66 (VEHICLE
EQUIPMENT) 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
Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 6 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 92-10-1-24)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
28269
Kavanagh took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 1 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 93-10-1-15)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
At the direction of the Chair, Item 20 was removed from the
Regular Agenda to be placed on the next Regular Meeting
111 Ochala left the podium at 8 11 p m to avoid the appearance of a possible
financial conflict of interest regarding the next Agenda item
McGee took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 10 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 94-1-1-1)
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Feenstra, McGee, Kavanagh, Jurcisin, and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Ochala returned to the podium at 8 12 p m
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Jurcisin took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING TITLE 9, CHAPTER 88 (SALE OF
TOBACCO PRODUCTS TO MINORS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED, AND ADDING SECTION 030 THERETO
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor
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
AN ORDINANCE ADDING SECTION 040 TO TITLE 9,
CHAPTER 54 (TRESPASS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
161
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#384-94 RESOLVED, that having considered the report and
recommendation of the City Attorney, dated May 11, 1994, as well
as a communication from the City Clerk, dated May 16, 1994, the
Council does hereby rescind and repeal Council Resolution 322-94
adopted on April 27, 1994
On a motion by Ochala, seconded by McGee, and unanimously
adopted, it was
28271
#385-94 RESOLVED, that having received a Charter Amendment
Initiative Petition submitted to the City Clerk from the Livonia
Police Officers Association and Citizens Organized for Public
Safety on April 4, 1994, the City Council does hereby direct, in
accordance with the provisions of MCL 117 21, that the following
question be placed on the November 8, 1994, General Election
ballot
CITY OF LIVONIA
PROPOSITION BALLOT
CHARTER AMENDMENT
Are you in favor of an amendment to the City Charter
of the City of Livonia that will mandate the hiring
and maintaining of 23 full-paid non-supervisory patrol
officers in addition to the total number of full-paid
non-supervisory police officers existing as of August 31,
1994 by an additional levy upon taxable property in the
City of Livonia, each year commencing December 1, 1994,
in an amount not to exceed one-half of one mill (50 cents
per $1, 000 of State Equalized Valuation) ?
YES
NO
'WmOn a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#386-94 RESOLVED, that having considered a communication from
the City Assessor, dated April 15, 1994, approved for submission
by the Mayor, with regard to a request from the Livonia
Development Company, 20765 Parker, Farmington Hills, Michigan
48336, on behalf of Ms Virginia Wilson, 16877 Rougeway, Livonia,
Michigan 48154, in accordance with the provisions of 1967 PA 288,
as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby approve of the proposed division
and combination of Tax Item Nos 46 003 02 0040 000 and 46 003 02
0041 000 into three (3) parcels, the legal descriptions of which
shall read as follows
PARCEL "A"
Lots 40 and 41 except the East 200 00 ft thereof, of Iris
Gardens, part of the S W 1/4 of Section 1, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, as recorded in Liber 67,
on Page 55 of Plats, W C R
PARCEL "B"
The East 200 00 ft of Lot 41 of Iris Gardens, part of the S W
1/4 of Section 1, T 1 S , R 9 E , City of Livonia, Wayne
County, Michigan, as recorded in Liber 67, on Page 55 of Plats,
W C R
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PARCEL "C"
The East 200 00 ft of Lot 40, Iris Gardens, part of the S W 1/4
of Section 1, T 1 S , R 9 E , City of Livonia, Wayne County,
Michigan, as recorded in Liber 67, on Page 55 of Plats, W C R
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference; and the City Clerk is hereby
requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds;
provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#387-94 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated April 19, 1994, approved by the
Finance Department and approved for submission by the Mayor Pro
Tem, which transmits its resolution #WS 3058 4/94, the Council
does hereby authorize a one year extension of the agreement with
D'Angelo & Son, Inc , P 0 Box 396, Farmington, Michigan 48332,
to perform water main taps and service connections, 3/4" to 2",
at various locations throughout the City, at the unit prices bid
in their proposal, dated June 1, 1992, for the period April 1,
1994 through March 31, 1995; FURTHER, The Council does hereby
authorize the action herein without additional competitive
bidding in accordance with Section 3 04 140D5 of the Livonia Code
of Ordinances, as amended
On a motion by McGee, seconded by Ochala, and unanimously
adopted, it was
#388-94 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated May 5, 1994,
approved by the Director of Finance and approved for submission
by the Mayor, wherein it is recommended that the Council
authorize increases to existing water and sewer rates, the
Council does hereby request that the Department of Law prepare an
appropriate ordinance amendment to the following sections of the
Livonia Code of Ordinances for submission to Council
1 Amend Title 13, Chapter 8, Section 040, to increase the
water consumption rate from $8 87 to $9 36 (per 1, 000 cubic
feet) , effective with the first billing on or after August
1, 1994; and increase the water consumption rate from $9 36
to $9 69 (per 1, 000 cubic feet) , effective with the first
billing on or after August 1, 1995; and
lir 2 Amend Title 13, Chapter 20, Section 120 D 1 and Section
120 E to increase the Wayne County wastewater disposal
charge from $8 32 to $9 06 (per 1,000 cubic feet of water
28273
used) , effective with the first billing on or after August
1, 1994; and increase the same charge from $9 06 to $9 45
(per 1, 000 cubic feet of water used) , effective with the
first billing on or after August 1, 1995
On a motion by McGee, seconded by Ochala, and unanimously
adopted, it was
#389-94 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated May 5, 1994,
approved by the Director of Finance and approved for submission
by the Mayor, wherein it is recommended that the Council
authorize increases to existing water and sewer rates, the
Council does hereby refer the subject matter of the performance
of the Water and Sewer Fund to the Water Supply, Drainage,
Sewage, and Waste Disposal Committee for its report and
recommendation
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#390-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the
Superintendent of Public Service, dated April 26, 1994, approved
by the Finance Director and approved for submission by the Mayor,
the Council does hereby authorize the lease of a Canon Model
NP-6650 with sorter copy machine from Hovinga Business Systems,
Inc , 41180 Bridge Street, Novi, Michigan 48375, for a 36-month
period for a price per month of $524 40; FURTHER, the Council
does hereby authorize the said action herein without competitive
bidding in accordance with Section 3 04 140D5 of the Livonia Code
of Ordinances, as amended
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was
#391-94 RESOLVED, that the Council does hereby request that the
Director of Finance submit a report and recommendation on the
subject of the City' s outstanding lease agreements with regard to
copy machines and the feasibility of combining the City's current
lease agreements into a single agreement
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#392-94 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated May 6,
Iwo 1994, approved by the Finance Director and approved for
submission by the Mayor, the Council does hereby accept the bid
of Schroer Manufacturing Company, 2221 Campbell Street, Kansas
28274
City, Missouri 64108, for supplying the Public Service Division
(Animal Control Section) with two (2) animal transport bodies in
the amount of $10, 002 00 each, for a total price of $20, 004 00,
the same having been in fact the lowest bid received which meets
specifications; and the bid of Swab Wagon Company, Inc is hereby
rejected for the reasons indicated in the aforesaid
communication
On a motion by Kavanagh, seconded by Feenstra, and unanimously
adopted, it was
#393-94 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated May 10, 1994,
approved by the Mayor, as well as the report and recommendation
of the Mayor, dated May 10, 1994, and having also considered the
report and recommendation of the Finance Director, dated May 20,
1994, approved for submission by the Mayor, and which transmits a
bid received with respect to the proposed sale of certain City-
owned property located on the north side of Seven Mile Road
between Fitzgerald and Levan from Tri-West Development Corp ,
27540 Michigan Avenue, Inkster, Michigan 48141, the Council does
hereby reject and deny such bid in the manner and form herein
submitted (i e , as conditioned)
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#394-94 RESOLVED, that having considered a communication from
the City Engineer, dated April 25, 1994, approved for submission
by the Mayor, to which is attached lists of concrete drive
approaches requiring installation within the N E 1/4 of the City
of Livonia, said lists being included herein by reference, and
for the reasons stated, the Council does hereby require the
respective owners of lots and premises referred to in said lists
to install drive approaches at such premises, to carry out the
provisions of this resolution which is made pursuant to Title 12,
Section 340 of the Livonia Code of Ordinances, as amended;
FURTHER, said notice shall set forth that the respective owners
of lots and premises herein referred to shall complete said drive
approach work no later than July 16, 1994, after which date the
Engineering Department shall arrange for the construction of the
said concrete drive approaches as a change order to the 1994
Sidewalk Program contract; FURTHER, the Council does hereby
authorize the City Treasurer to advise those owners where
assessments exceed $400 00 that installment payments in the
number of three (3) installments at 8% interest are available in
connection with the drive approach program; and FURTHER, in order
to make payments to the contractor, it is recommended that the
Council authorize an advance in the amount of $57, 000 00 from the
$12 Million General Obligation Road Improvement Bond Issue with
the provision that this bond issue be reimbursed from that
portion of the project which is to be financed by special
28275
assessment at such time as funds are subsequently received from
the payment of bills and assessments by affected property owners,
Land an amount of $5, 500 00 from the Michigan Transportation Fund
(Local Road Account) to pay for the City's portion of this
project, and the Council does hereby authorize the action herein
without competitive bidding in accordance with Section
3 04 140D 5 of the Livonia Code of Ordinances, as amended
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was
#395-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 6, 1994, which
bears the signature of the Finance Director, approved as to form
by the City Attorney, and approved for submission by the Mayor,
the Council does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute a tri-party
agreement between the City, Wayne County and the Sun Pipe Line
Company for purposes of reconstructing a 16" oil line within the
Merriman Road right-of-way in connection with the Merriman Road
Grade Separation Project, and the sum of $247, 703 00 is hereby
appropriated from the $12 Million General Obligation Bond Issue
for this purpose; FURTHER, the Mayor and City Clerk are
authorized to execute an exclusive easement across the Glendale
Avenue right-of-way to the Sun Pipe Line Company for purposes of
L construction of a new 16" oil line, said easement being more
particularly described as follows
A permanent easement, over that southeasterly portion of
Glendale Avenue (95 feet wide) as dedicated to the use of
the public in PARAGON TECHNOLOGY PARK SUBDIVISION, recorded
in Liber 102 of Plats, Page 59, Wayne County Records, which
is described as follows
Beginning at the Southeast corner of Glendale Avenue,
distant N 0°02'20" W , 449 15 feet along the East line of
Section 27 and S 89°57'40" W , 60 00 feet, from the E 1/4
corner of Section 27, and proceeding thence N 0°02' 20" W
14 02 feet; thence S 45°28' 53" W , 14 02 feet; thence S
0°02' 20" E , 4 08 feet to the South line of Glendale Avenue;
thence N 89°57'40" E , 10 00 feet to the point of
beginning
On a motion by Ochala, seconded by Jurcisin, and unanimously
adopted, it was
#396-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 9, 1994, which transmits
its resolution 5-87-94, adopted on May 3, 1994, with regard to
Petition 94-4-8-8 submitted by R N Home Health Care, Ltd ,
requesting site plan approval in connection with a proposal to
construct an office building on property located at 38935 Ann
28276
Arbor Road in Section 31, pursuant to the provisions set forth in
Section 18 58 of Ordinance No 543, as amended, the Council does
lim hereby concur in the recommendation of the Planning Commission
and Petition 94-4-8-8 is hereby approved and granted, subject to
the following conditions
1 That the Site Plan, defined as Sheet A-1 dated 5/5/94 by
Campbell/Manix Associates, Inc is hereby approved and shall
be adhered to;
2 That the Elevation Plan, defined as Sheet A-3 dated 4/15/94
by Campbell/Manix Associates, Inc is hereby approved and
shall be adhered to;
3 That the Landscape Plan, defined as Sheet L-1 dated 5/5/94
by Campbell/Manix Associates, Inc is hereby approved and
shall be adhered to;
4 That an underground irrigation system shall be installed in
all landscaped areas, including the large grassy area behind
the main building prior to final inspection;
5 That the landscaped greenbelt, as shown on the approved
Landscape Plan, shall be substituted for the protective wall
required by Section 18 45 of Zoning Ordinance No 543, and
furthermore, at no time is the earth berm along the south
property line to be removed and replaced with a protective
wall;
6 That the earth berm will rise to the same height as the
UAW/Ford berm and that the extension of the chain link fence
will be identical in every respect to the property to the
west;
7 That all parking bays will be double striped; and
8 That no signs are approved as part of this petition and any
signs proposed to be erected shall first be reviewed by the
Planning Commission and approved by the City Council
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
#397-94 RESOLVED, that the Council does request that the City
Planning Commission discontinue and terminate any proceedings
conducted in connection with proposed rezoning of certain
property located at 38935 Ann Arbor Road in Section 31 pursuant
to Council Resolution 738-93, adopted on August 30, 1993
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
28277
#398-94 RESOLVED, that having considered a communication from
Ihr the City Planning Commission, dated May 9, 1994, which transmits
its resolution 5-90-94, adopted on May 3, 1994, with regard to a
sign permit application submitted by Sterling Bank & Trust
requesting approval for one ground sign for the property located
at 37100 Six Mile Road in Section 8, the Council does hereby
refer this item to the Committee of the Whole for its report and
recommendation
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
#399-94 RESOLVED, that the Council does hereby request that the
Inspection Department submit its report and recommendation on the
condition of the Laurel Commons Shopping Center located at 37100
Six Mile Road in Section 8
On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was
#400-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 9, 1994, which transmits
is resolution 5-88-94, adopted on May 3, 1994, with regard to
Petition 94-4-8-9 submitted by Marygrove Awnings requesting site
Lis plan approval in connection with a proposal for an awning sign
and storefront alteration for the building located at 19162
Farmington Road in Section 3, pursuant to the provisions set
forth in Section 18 47 of Ordinance 543, as amended, the Council
does hereby concur in the recommendation of the Planning
Commission and Petition 94-4-8-9 is hereby approved and granted
subject to the following conditions
1 That the Elevation Plan, received by the Livonia Planning
Commission on March 19, 1994, is hereby approved and shall
be adhered to; and
2 That the sign area shall not be illuminated beyond one hour
after closing
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#401-94 RESOLVED, that the Council does hereby request that the
Legislative Committee submit its report and recommendation on the
subject of the encroachment of signs, including awnings, on
public rights-of-way
Ifts On a motion by Jurcisin, seconded by McGee, it was
28278
#402-94 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated March 3, 1994, on all matters
L required by Sections 3 08 060 and 3 08 140 of the Livonia Code of
Ordinances, as amended, and a first public hearing having been
held thereon on May 4, 1994, after due notice as required by
Section 3 08 070 of said Code, and careful consideration having
been given to all such matters, the Council does hereby, pursuant
to Section 3 08 080 of said Code
(1) accept and approve said statement in all respects;
(2) determine to make the improvement consisting of the
installation of 100-watt high pressure sodium lights on
colonial post top poles with underground wiring on
Stonehouse Avenue from Minton south to West Chicago in the
Southeast 1/4 of Section 31 (Forest Oaks Subdivision) , City
of Livonia, Wayne County, Michigan, as described in said
statement; and to defray the cost of such improvement by
special assessment upon the property especially benefited in
proportion to the benefits derived or to be derived;
(3) approve the plans and specifications for said improvement as
set forth in said statement dated March 3, 1994;
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited;
lin (5) determine that the assessment made for such improvement
shall be paid in annual installments, according to said
statement;
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
A Special Assessment District in the S E 1/4 of Section 31,
T 1S , R 9 E , City of Livonia, Wayne County, Michigan,
described as containing the property shown on the Special
Assessment Plan on the Special Assessment Roll
(7) direct the City Assessor to prepare a special assessment
roll in accordance with the Council's determination on said
statements as prepared by the City Engineer dated March 3,
1994; and
(8) that upon completion of said roll, the City Assessor shall
attach thereto the certificate required by the provisions of
Section 3 08 100 of the Livonia Code of Ordinances, as
amended, and file the same with the City Clerk, who
thereupon is directed to present the same to the City
Council prior to the holding of the second public hearing
Lthereon pursuant to Title 3, Chapter 8 of the Livonia Code
of Ordinances
28279
A roll call vote was taken on the foregoing resolution with the following
160 result
AYES McGee, Kavanagh, Jurcisin, and Taylor
NAYS Feenstra and Ochala
The President declared the resolution adopted
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was
#403-94 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No 370, more particularly described in Council Resolution
201-94, adopted on March 23, 1994, as required by the provisions
of the City Charter and Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, the City Council has duly met and
reviewed the special assessments levied in the special assessment
roll prepared by the City Assessor to cover the district in which
street lighting is to be installed, such roll having been
prepared on the basis of street lighting being installed in the
Willow Creek Subdivision in the Northwest 1/4 of Section 14 in
said Special Assessment District No 370;
LNOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine to install street lighting consisting of 100-watt high
pressure sodium lights on colonial post top poles with
underground wiring for the Willow Creek Subdivision in the
Northwest 1/4 of Section 14 and that the assessments set forth in
said Special Assessment District No 370 Roll are fair and
equitable and based upon benefits derived in said district, in
accordance with the plans of the City Engineer and resolutions of
the City Council; said Special Assessment Roll No 370 based on
installation of colonial post top poles with underground wiring
is hereby approved and confirmed in all respects; pursuant to the
provisions of Section 3 08 130 of the Livonia Code of Ordinances,
as amended, the City Clerk shall endorse the date of confirmation
on the Assessment Roll, and the assessment roll shall then be
immediately transmitted to the City Treasurer who shall take such
further action as set forth in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, and the City Clerk is hereby
authorized to execute a Municipal Street Lighting Agreement for
this purpose; and FURTHER, a sum not to exceed $3, 100 00 is
hereby authorized from the cash payments posted by the developer
of the Willow Creek Subdivision in order to defray the Detroit
Edison contribution-in-aid costs connected with this street light
installation project
Imm On a motion by Kavanagh, seconded by Feenstra, and unanimously
adopted, it was
28280
#404-94 WHEREAS, pursuant to due and proper notice published
lim and mailed to all property owners in Special Assessment District
No 371, more particularly described in Council Resolution
200-94, adopted on March 23, 1994, as required by the provisions
of the City Charter and Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, the City Council has duly met and
reviewed the special assessments levied in the special assessment
roll prepared by the City Assessor to cover the district in which
street lighting is to be installed, such roll having been
prepared on the basis of street lighting being installed in
Orangelawn Woods Subdivision in the Northeast 1/4 of Section
33 said Special Assessment District No 371;
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine to install street lighting consisting of the
installation of 100-watt high pressure sodium lights on davitt
poles with underground wiring for the Orangelawn Woods
Subdivision in the Northeast 1/4 of Section 33 and that the
assessments set forth in said Special Assessment District
No 371 Roll are fair and equitable and based upon benefits
derived in said district, in accordance with the plans of the
City Engineer and resolutions of the City Council; said Special
Assessment Roll No 371 based on installation of 100-watt high
pressure sodium lights on davitt poles with underground wiring is
hereby approved and confirmed in all respects; pursuant to the
provisions of Section 3 08 130 of the Livonia Code of Ordinances,
as amended, the City Clerk shall endorse the date of confirmation
on the Assessment Roll, and the assessment roll shall then be
immediately transmitted to the City Treasurer who shall take such
further action as set forth in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, and the City Clerk is hereby
authorized to execute a Municipal Street Lighting Agreement for
this purpose; and FURTHER, a sum not to exceed $3, 000 00 is
hereby authorized from the cash payments posted by the developer
of the Orangelawn Woods Subdivision in order to defray the
Detroit Edison contribution-in-aid costs connected with this
street light installation project
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
#405-94 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No 372 for a proposed street improvement consisting of a 31'
wide concrete pavement with curb and gutters (Alternate I) on
Roycroft, east of Middlebelt, in the Southwest 1/4 of Section 13,
City of Livonia, Wayne County, Michigan, as required by the
provisions of the City Charter and Title 3, Chapter 8 of the
Livonia Code of Ordinances, as amended, a public hearing
110 thereafter having been held thereon on May 4, 1994, at the City
Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City
Council having duly met and reviewed the special assessments
levied on the special assessment roll as prepared by the City
28281
Assessor to cover the district portion of the cost of a street
improvement to be constructed in Special Assessment District No
372; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments
set forth in said Special Assessment Roll dated February 17,
1994, in the amount of $141, 902 80, are fair and equitable
and based upon benefits to be derived by construction of
improvements proposed in said district in accordance with
the plans of the City Engineer and resolutions of the City
Council;
(2) Said Special Assessment Roll No 372 is hereby approved and
confirmed in all respects;
(3) The amount of said roll shall be divided into fifteen (15)
equal annual installments with interest at the rate of eight
(8%) percent per annum on the unpaid balance of the
assessment from December 1, 1994 Said interest shall be
payable on each installment due date, provided, however,
that after the issuance of bonds in anticipation of the
collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more
than 1% above the average rate of interest borne by said
bonds In such cases where the installments will be less
than Ten Dollars ($10 00) , the number of installments shall
be reduced so that each installment shall be above and as
near Ten Dollars ($10 00) as possible The first
installment shall be due and payable December 1, 1994 and
subsequent installments on December 1st of succeeding years;
(4) Pursuant to the provisions of Section 3 08 130 of the
Livonia Code of Ordinances, as amended, the City Clerk shall
endorse the date of confirmation on the assessment roll, and
the said assessment roll shall then be immediately
transmitted to the City Treasurer who shall then publish
notice as is required by Section 3 08 190 of the Livonia
Code of Ordinances, as amended, and mail assessment
statements to the respective property owners assessed in the
manner and substance as provided by said Section 3 08 190
Any property owner assessed may pay the whole or any part of
the assessment without interest or penalty up to December 1,
1994;
(5) The first installment shall be spread upon the 1995 City tax
roll in the manner required by Section 3 08 210 of the
Livonia Code of Ordinances, as amended, together with
interest upon all unpaid installments from December 1, 1994
and thereafter one (1) installment shall be spread upon each
28282
annual tax roll together with one (1) year' s interest upon
Lall unpaid installments; provided, however, that when any
annual installment shall have been prepaid in the manner
provided in Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the
expiration of the sixty (60) day period as provided by
Section 3 08 220 then there shall be spread upon the tax
roll for such year only the interest for all unpaid
installments; and
(6) The City Council does hereby determine to pay 15% of the
paving costs ($25, 041 67) and 100% of drainage costs
($63,250 00) for a total amount of $88, 291 67
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
#406-94 RESOLVED, the Council does hereby request that the
Director of Public Works and the City Engineer submit their
respective reports and recommendations on the condition of
Rayburn, Harrison and Middlebelt Roads in the Southwest 1/4 of
Section 13 insofar as the damage which has been caused to same by
truck traffic
iOtnw:smotion by Ochala, seconded by Kavanagh, and unanimously
adopted,
#407-94 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated March 22, 1994, on all matters
required by Section 3 08 060 of the Livonia Code of Ordinances,
as amended, and a first public hearing having been held thereon
on May 16, 1994, after due notice as required by Section 3 08 070
of said Code, and after careful consideration having been given
to all such matters, the Council does hereby, pursuant to Section
3 08 080 of said Code
(1) accept and approve said statement in all respects;
(2) determine to make the road improvement consisting of
28' wide full-depth asphalt pavement with mountable
asphalt curbs (Alternate III) of Munger Road, east of
Merriman, located in the Northwest 1/4 of Section 14,
T 15 , R 9E , City of Livonia, Wayne County, Michigan,
as described in said statement; and to defray the cost
of such improvement by special assessment upon the
property especially benefited in proportion to the
benefits derived or to be derived;
(3) approve the plans and specifications for said improve-
ment as set forth in said statement dated March 22, 1994;
28283
(4) determine that the estimated cost of such improvement
is $243, 890 62;
(5) determine that the cost of said improvement shall be
paid for in part by special assessments on the property
benefited thereby and in part by the City at large, in
proportions thereafter established;
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall be
15% of paving ($27,268 59) and 100% of drainage
($62, 100 00) and that the balance of said cost and
expense of said public improvement amounting to 85% of
paving ($154, 522 03) shall be borne and paid by special
assessments on all lands and premises in the special
assessment district as herein established in proportion
to the benefits to be derived therefrom;
(7) determine that assessments made for such improvement may be
paid in fifteen (15) annual installments together with
interest thereon on the unpaid balance;
(8) designate the assessment district, describing the land
and premises upon which special assessments shall be
levied as follows
A Special Assessment District in the N W 1/4 of Section 14,
T 1 S , R 9 E , City of Livonia, Wayne County, Michigan,
described as containing the property listed on the attached
Special Assessment Roll and shown on the attached Special
Assessment District Map
(9) that the City Assessor is hereby directed to prepare a
special assessment roll including all lots and parcels
of land within the above district designated by the
Council and to assess to each such lot or parcel of land
such relative portions of the whole sum to be levied
against all lands in the special assessment district as
the special benefits to such lots or parcels of land
bear to the total benefit of all land and also to enter
upon such roll the amount which has been assessed to the
City at large, all in accordance with the determination
of the City Council; and
(10) that upon the completion of said roll the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3 08 100 of the Livonia Code of
Ordinances, as amended, of the City of Livonia and file
the same with the City Clerk who thereupon is directed
to present the same to the City Council
16, On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was
28284
#408-94 RESOLVED, that having considered a communication from
the Director of Community Resources, dated May 3, 1994, approved
by the Finance Director and approved for submission by the Mayor,
the Council does, for and on behalf of the City of Livonia,
accept cash donations in the amount of $852 00 from the sources
indicated in the aforesaid communication; FURTHER, the Council
does hereby appropriate and credit the sum of $852 00 to Account
#702-000-285-216 for use in the Senior Citizen Programs
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was
#409-94 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of an item that did not appear on the
agenda
On a motion by Feenstra, seconded by McGee, it was
#410-94 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated May 18, 1994,
submitted pursuant to Council Resolution 316-94 in connection
with the report and recommendation of the Mayor, dated April 13,
1994, the Council does hereby request that the Department of Law
prepare the appropriate Charter amendment resolutions to be
placed on the General State Election of November 8, 1994 with
regard to the following millage proposals
1 The levy of an amount not to exceed 25 mills for the
purpose of adding police officers in the Patrol Division and
providing for their equipment and training needs;
2 The levy of an amount not to exceed 10 mills for the
purpose of building a new fire station and adding to the
Firefighting Rescue Personnel and providing for their
equipment and training;
3 The levy of an amount not to exceed 25 mills for the
purpose of providing initial and ongoing costs for street
lights on mile roads in the City;
4 The levy of an amount not to exceed 15 mills for
environmental purposes, i e , City landfill, energy
management control systems for City buildings and vehicles,
underground tanks, environmental clean-up, etc ; and
5 The levy of an amount not to exceed 10 mills for park and
cultural improvement
A roll call vote was taken on the foregoing resolution with the following
result
28285
AYES Feenstra, McGee, Kavanagh, Jurcisin, and Taylor
Li NAYS Ochala
The President declared the resolution adopted
During the audience communication portion of the meeting, Tim
Alshouse, Doubleday Brothers, addressed the Accu Vote (Election System) and
requested the opportunity to demonstrate same
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, this 1,273rd Regular Meeting of the Council of the City of Livonia
was adjourned at 9 07 p m , May 25, 1994
/
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Ill.
ilJ. McCotter, City Clerk
L
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