HomeMy WebLinkAboutCOUNCIL MINUTES 1993-08-16 27771
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FIFTY-FOURTH
tk REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On August 16, 1993, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8:02 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, Laura M Toy, Dale A.
Jurcisin, and Gerald Taylor. Absent: None
Elected and appointed officials present Raul Galindo, City
Engineer; John Nagy, City Planner; Harry Tatigian, City Attorney; Joan
McCotter, City Clerk; Karen A Szymula, Director of Legislative Affairs;
James Andres, Chief Accountant; Suzanne Wisler, Director of Community
ILK Resources; Jeanne Treff, Cable Television Director; and Michael Deller,
Chief Librarian.
On a motion by Feenstra, seconded by McGee, and unanimously*
adopted, it was
#599-93 RESOLVED, that the minutes of the 1,253rd Regular
Meeting of the Council of the City of Livonia, held July 21,
1993, are hereby approved as submitted
*Councilmember Ochala abstained from voting which is recorded as a "yes"
vote under the provisions of Section 2 04 190B of the Livonia Code of
Ordinances
Carl D Pursell was in attendance at the meeting and accepted a
resolution (CR 825-92) adopted at the 1,235th Regular Meeting held on
October 26, 1992, which extended appreciation to him as United States
Congressman for his dedication to public service and assistance to the
Ibmcitizens of the City of Livonia for more than 20 years
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Joan McCotter congratulated her Deputy, Ann Tavolacci, and
husband Patrick on the birth of their first grandchild Olivia Marie Emigh
was born in Poughkeepsie, New York on August 16, 1993, weighing in at 9
lbs. and 22 inches in length.
Sharon Evans, 38117 Bloomfield, Livonia 48154, expressed concerns
about the medians and islands on Six Mile Road during the audience
communication portion of the meeting.
A communication from the Department of Finance, dated July 21,
1993, re: various financial statements of the City of Livonia for the
month ending June 30, 1993, was received and placed on file for the
information of the Council
At the direction of the Chair, Items 23 and 47 were removed from
the Consent portion of the Agenda.
On a motion by Kavanagh, seconded by McGee, it was:
#600-93 RESOLVED, that having considered an application from
Julie DuPuis, 9912 Hubbard, dated July 7, 1993, requesting
permission to close Hubbard, between Elmira and Orangelawn, on
Saturday, August 21, 1993, from 1 00 p m to 11 00 p.m. , for the
purpose of conducting a block party, the Council does hereby
grant permission as requested, the action taken herein being made
subject to the approval of the Police Department.
#601-93 RESOLVED, that having considered an application from
Donna Thiemann, 14956 Knolson, dated July 16, 1993, requesting
permission to close Knolson from Gay to Jamison, on Saturday,
August 28, 1993, from 3:00 p m to 7:00 p.m for the purpose of
conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct
the said affair on Sunday, August 29, 1993 in the event of
inclement weather, the action taken herein being made subject to
the approval of the Police Department
#602-93 RESOLVED, that having considered an application from
Maria M Wadley, 14375 Hubbard, dated July 21, 1993, requesting
permission to close Hubbard from Allen Court to Perth, on
Saturday, September 18, 1993, from 2:30 p m to 7:00 p.m. for the
purpose of conducting a block party, the Council does hereby
Ispo grant permission as requested, including therein permission to
conduct the said affair on Sunday, September 19, 1993 in the
event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
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#603-93 RESOLVED, that having considered an application from
Kathleen Bruno, 14050 Hubbard, dated July 26, 1993, requesting
permission to close Hubbard from Scone to Perth, on Saturday,
August 28, 1993, from 1 30 p m to 6 30 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 29, 1993 in the event of
inclement weather, the action taken herein being made subject to
the approval of the Police Department.
#604-93 RESOLVED, that having considered an application from
Dale Wassell, 13999 Cranston, dated July 28, 1993, requesting
permission to close Cranston between Scone and Perth, on
Saturday, September 18, 1993, from 3:00 p.m. to 12 00 midnight
for the purpose of conducting a block party, the Council does
hereby grant permission as requested, including therein
permission to conduct the said affair on Sunday, September 19,
1993 in the event of inclement weather, the action taken herein
being made subject to the approval of the Police Department
#605-93 RESOLVED, that having considered an application from
Linda and Thomas Ciarrocchi, 14267 Hubbard, dated July 28, 1993,
requesting permission to close Hubbard between Perth and Allen,
on Saturday, September 18, 1993, from 2:00 p.m. to 7 00 p m for
the purpose of conducting a block party, the Council does hereby
grant permission as requested, including therein permission to
conduct the said affair on Sunday, September 19, 1993 in the
event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
#606-93 RESOLVED, that having considered an application from
Shannon Ziegler, 14051 Edgewood, dated July 28, 1993, requesting
permission to close Edgewood from Scone to Perth, on Saturday,
September 11, 1993, from 12 00 p m to 11:00 p m for the purpose
of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct
the said affair on Sunday, September 12, 1993 in the event of
inclement weather, the action taken herein being made subject to
the approval of the Police Department
#607-93 RESOLVED, that having considered an application from
Debbie Koch, 15682 Edgewood, dated August 2, 1993, requesting
permission to close Edgewood between Ellen Drive and Ellen Drive
on Saturday, September 11, 1993, from 2:00 p.m to 10:00 p m. for
the purpose of conducting a block party, the Council does hereby
grant permission as requested, the action taken herein being made
subject to the approval of the Police Department
#608-93 RESOLVED, that having considered an application from
Kathryn Charnock, 14189 Ramblewood, dated August 2, 1993,
requesting permission to close Ramblewood between Scone and Perth
on Saturday, August 21, 1993, from 2:00 p.m. to 8:00 p m. for the
liepurpose of conducting a block party, the Council does hereby
grant permission as requested, the action taken herein being made
subject to the approval of the Police Department.
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#609-93 RESOLVED, that having considered a communication from
the Housing Director and the Entertainment Chairman of the
Newburgh Village Social Club, dated July 19, 1993, approved for
submission by the Mayor, requesting permission to close Capitol
Court North and South at the west end of the Newburgh Village
housing development, as indicated on the attached site plan, on
Saturday, September 4, 1993 from 3:00 p.m. to 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, September 5, 1993 in the event
of inclement weather, the action taken herein being made subject
to the approval of the Police Department.
#610-93 RESOLVED, that having considered a communication from
the City Clerk, dated July 22, 1993, which bears the signature of
the Finance Department and is approved for submission by the
Mayor, the Council does hereby authorize the purchase of an
automatic backup system for voter files as an upgrade to the IBM
System 36 computer from Business Records Corporation, 155 North
Wacker Drive, Chicago, IL 60606, for a sum of $1,700.00; and the
Council does hereby appropriate and authorize the expenditure of
a sum not to exceed $1,700 00 from the Capital Improvement Fund
for this purpose
#611-93 RESOLVED, that having considered a communication from
the Chairperson of the Election Commission (City Clerk), dated
11, August 2, 1993, which bears the signature of the Finance
Department and is approved for submission by the Mayor, and which
transmits a resolution adopted by the Election Commission on
August 2, 1993 wherein it is recommended that the pay for
Election Inspectors be increased from $70 00 to $80 00 per day
and that the pay for Election Chairpersons be increased from
$85 00 per day to $95 00 per day, the Council does hereby concur
in and approve of such action
#612-93 RESOLVED, that having considered a communication from
the City Treasurer, dated July 28, 1993, approved for submission
by the Mayor, wherein certain facility security improvements and
new procedures with regard to cash receivables are recommended,
the Council does hereby refer this item to the Committee of the
Whole for its report and recommendation
#613-93 RESOLVED, that having considered a communication from
the President of the Melody Manor Civic Association, dated July
12, 1993, which, in behalf of the Melody Manor Subdivision,
requests that a traffic control signal light be installed at the
intersection of Blue Skies Drive/Victory Parkway and Seven Mile
Road, the Council does hereby refer this item to the Traffic
Commission for its report and recommendation
#614-93 RESOLVED, that the Council does hereby request that the
Traffic Commission submit its report and recommendation on a
proposal to install traffic control signal lights on Seven Mile
Road at both the east and west exits of the I-275 Expressway.
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#615-93 RESOLVED, that having considered a letter from the
Director of Seedlings Braille Books for Children, P.O. Box 2395,
Livonia, MI 48151-0395, dated July 28, 1993, the Council does
hereby take this means to indicate that Seedlings Braille Books
for Children is recognized as a non-profit organization operating
in the community, the action herein being taken for the purpose
of affording Seedlings Braille Books for Children an opportunity
to obtain a gaming license from the State of Michigan in
accordance with provisions of State Statute.
#616-93 RESOLVED, that having considered the report and
recommendation of the Court Administrator and the District Judges
of the 16th Judicial District, dated July 19, 1993, approved for
submission by the Finance Department and the Mayor, wherein it is
indicated that the Court, on March 25, 1993, did cancel a
contract previously entered into with Software Alternatives, Inc.
for the reasons indicated in the aforesaid communication and
wherein authorization is requested to substitute DMC Consulting,
Inc of Toledo, Ohio to complete the project previously
authorized in Council Resolution 112-93 for computer programming
services with Software Alternatives, Inc. , for a sum in the
amount previously authorized of not to exceed $55,000, and
wherein it is further indicated that DMC Consulting, Inc will
fulfill and complete all of the terms and conditions of the
contract previously entered into with Software Alternatives,
Inc. , the Council does hereby concur in and approve of such
action.
#617-93 RESOLVED, that having considered a report and
recommendation of the Director of Probation, Court Administrator
and the judges of the 16th Judicial District, dated August 3,
1993, approved for submission by the Finance Department and the
Mayor, and wherein authorization is requested to purchase a new
1994 Ford Econoline 150 Work Van, and to trade in or sell the
present 1987 Ford Econoline 250 van and to transfer funds for
this purpose, which purchase of the new vehicle and disposition
of the used van is to be coordinated through the Public Service
and Finance Departments, the Council does hereby concur in and
approve of such action.
#618-93 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated July 23, 1993,
approved for submission by the Chief Accountant and the Mayor,
and which transmits a resolution adopted by the Parks and
Recreation Commission on July 6, 1993, wherein it is recommended
that a fee in the amount of $40.00 per session be established for
precision team instruction, the Council does hereby approve of
and concur in such action
#619-93 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 16, 1993, and the
report and recommendation of the Chief of Police, dated July 9,
1993, the Council does hereby approve of the request from Faiza
Seman to drop Yousif M. Seman, Estate with Faiz Y. Seman as
Personal Representative and add Fiaza Seman as Partner in 1992
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SDD-SDM licensed business located at 29150 Joy Road, 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
#620-93 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated July 20, 1993,
approved for submission by the Mayor, and submitted pursuant to
Council Resolution 483-93 in connection with a letter from the
Manager of Recreation for the County of Wayne, dated May 19,
1993, wherein permission is requested to close that portion of
Hines Drive located in Livonia on Sunday, September 26, 1993,
from 8:30 a.m to Noon for the purpose of conducting the Hines
Drive Classic Biathlon which will require the closing of Hines
Drive from Outer Drive to Seven Mile Road, the Council does
hereby waive 50% of the sum required to provide manpower
assistance while Hines Drive is closed for the aforesaid
Biathlon, by reason of the assignment of eight Police Reserve
Officers and one regular officer, the total cost of which is
$275 00, the said request being afforded Category III application
as indicated on the City of Livonia Fees/Waivers Four Category
Grid dated February 8, 1993, as established in Council Resolution
371-93, adopted on May 5, 1993
#621-93 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated July 19, 1993,
approved for submission by the Mayor, and which indicates that
the Housing Commission has recommended a rental adjustment for
Silver Village as follows
A) Pre-December, 1990 Residents:
Adjusted Rent
Bedroom Size Current Rent Effective 12-1-93
One Bedroom $255 $265
Two Bedroom 290 300
B) Post-December, 1990 Residents:
Bedroom Size Current Rent Effective 12-1-93
One Bedroom $325 $330
Two Bedroom 380 385
The above rents exclude gas and electric
The Council does hereby concur in and approve of the recommended
action
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#622-93 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated July 19, 1993,
approved for submission by the Mayor, wherein the Housing
Commission has recommended the following rental increases to
become effective December 1, 1993, with respect to the City-owned
scattered site properties listed:
Current Proposed
2 Bedroom $180 $190
29149 Morlock
20121 Floral
27545 Long
11683 Cardwell
3 Bedroom $270 $280
11910 Cardwell
12411 Arcola
31220 Hathaway
19941 Deering
9880 Harrison
11784 Arcola
33916 Five Mile
Current Proposed
4 Bedroom $355 $365
20120 Deering
The above rents exclude utilities
The Council does hereby concur in and approve of the recommended
action
#623-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated July 2,
1993, approved by the Finance Department and approved for
submission by the Mayor, the Council does hereby accept the bid
of Allie Brothers, 20295 Middlebelt, Livonia, Michigan 48152, for
supplying employees in the Department of Public Works with work
shirts at the unit prices shown on the attachment and for a total
sum of $5,105.70, the same having been in fact the lowest bid
received and meets all specifications; FURTHER, in the event the
said items are not available from Allie Brothers, the Council
does hereby accept the unit prices shown in the attachment from
R & R. Uniforms, Inc , 3711 Ten Mile, Warren, Michigan 48091, as
an alternate source for supplying employees in the Department of
Public Works with work shirts.
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#624-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated July 30,
1993, approved by the Finance Department and approved for
submission by the Mayor, the Council does hereby authorize the
replacement of the compressor and associated condensing unit at
the Noble Library on an emergency basis from Detroit Temperature
Engineers, Inc. , 12490 Globe Road, Livonia, Michigan 48150, in
the amount of $16,970 00; FURTHER, the Council does hereby
authorize the action herein without competitive bidding in
accordance with Section 3.04 140D.1 of the Livonia Code of
Ordinances, as amended.
#625-93 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated July 15, 1993, approved by the
Finance Department and approved for submission by the Mayor, and
which requests authorization to sell the following City vehicles
and equipment, such authorization to be for a period of six
months with respect to the following vehicles:
Veh.
No Description Mileage
1. 55 1981 Dodge Pickup 154,344
2. 57 1980 Dodge Pickup 116,835
3. 68 1982 Ford Pickup 154,344
4.
5 74
6. 252 1984 Ford Ranger
1979 Fruehauf 25 yd Dump No meter No
185
1973 GMC Tree Spade 92,839
meter
7 777 1943 Ford Farm Tractor No meter
8. 245 1979 Ford Van 69,777
and wherein the aforesaid vehicles would be delivered to Midwest
Auto Auction & Service, Inc. , 14666 Telegraph Road, Detroit,
Michigan 48239, and said vehicles would be sold in accordance
with the procedure detailed in the aforesaid communication, the
Council does hereby concur in and approve of the recommended
action.
#626-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated July 19,
1993, approved by the Finance Department and approved for
submission by the Mayor, with regard to a Rouge River Wet Weather
Demonstration Project Grant and wherein it is recommended that
the attached agreement between the City of Livonia and the County
of Wayne with respect to the Rouge River Wet Weather
Demonstration Project Grant Finance and Service Agreement for
sewer separation projects only be authorized, the Council does
hereby concur in such action and requests that the Mayor and City
Clerk, for and on behalf of the City of Livonia execute the
attached agreement, as well as do all other things necessary or
incidental to the full performance of this resolution.
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#627-93 RESOLVED, that having considered the report and
recommendation of the Finance Department, dated July 28, 1993,
approved for submission by the Mayor, the Council does hereby
authorize an agreement between the City of Livonia and Canada
Life Assurance Company, to provide life insurance at the rate of
$ 19 per $1,000 per month for a two-year period effective July 1,
1993; FURTHER, the Council does hereby authorize an agreement
between the City of Livonia and Reliance Standard Life Insurance
Company for Accidental Death and Dismemberment insurance at the
rate of $.045 per $1,000 per month for a two-year period
effective July 1, 1993, and at discount of 6% of the aforesaid
rate based upon a payment of the premium being made one year in
advance; FURTHER, the Council does hereby authorize the action
herein without competitive bidding in accordance with Section
3.04.140D.2 and 5 of the Livonia Code of Ordinances, as amended.
#628-93 RESOLVED, that having considered the report and
recommendation of the Finance Department, dated July 28, 1993,
approved for submission by the Mayor, with respect to changing
carriers for City life insurance and Accidental Death and
Dismemberment insurance, the Council does hereby refer this
subject to the Finance and Insurance Committee for its report and
recommendation
#629-93 WHEREAS, the City of Livonia finds that there is an
urgent necessity for Seven Mile Road between Mayfield and
Merriman to be widened and improved, in Section 10 in the City of
Livonia, Wayne County, Michigan; and
WHEREAS, the Council finds that it is necessary to widen and
alter Seven Mile Road in this area in order to facilitate the
flow of traffic and to alleviate traffic congestion as a matter
of public safety and convenience and to promote the public
welfare generally; and
WHEREAS, the Council further finds that the acquisition of
certain rights-of-way, as further described hereinafter, is
indispensable to the necessary widening, paving, altering and
improvement of Seven Mile Road; and
WHEREAS, the City Engineer has recommended that Seven Mile Road
between Mayfield and Merriman be widened and altered so as to
provide a one hundred twenty (120) foot right-of-way, similar to
existing roads which are located throughout the City, and has
presented plans which have been approved by this Council; and
WHEREAS, the aforesaid improvement is to be financed from part
of the proceeds of the 12 Million Dollar General Obligation Road
Improvement Bond Issue approved by the electorate of the City in
1989; and
WHEREAS, Seven Mile Road between Newburgh and Inkster is a
county road under the jurisdiction and control of the County of
Wayne, Michigan; and
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WHEREAS, the City of Livonia and the County of Wayne, Michigan,
have heretofore entered into agreements pursuant to provisions
contained in Act 51 of the Public Acts of the State of Michigan
of 1951, as amended, wherein the aforementioned County of Wayne
has authorized the City of Livonia to act on its behalf in
acquiring either by negotiation or condemnation proceedings
right-of-way; and
WHEREAS, Seven Mile Road between Mayfield and Merriman is
incorporated in the Master Plan of the City of Livonia as part of
the Master Thoroughfare Plan, having been incorporated in said
Master Thoroughfare Plan by a resolution of the City Planning
Commission adopted on April 19, 1951;
NOW, THEREFORE, BE IT RESOLVED, that this Council for the City of
Livonia, Wayne County, Michigan, hereby declares that the
acquisition of a certain right-of-way, as hereinafter described,
is necessary for the widening, paving, altering and improvement
of Seven Mile Road which is necessary as a public improvement for
the use and benefit of the public, for the purposes of its
incorporation, for a public purpose within the scope of its
power, and that a good faith offer to purchase said right-of-way
has been made to the known property owner; and
BE IT FURTHER RESOLVED, that this Council does hereby declare
that it determines it necessary to take the fee to private
property upon just compensation to be paid therefor for such
improvement, the said properties necessary for the required
rights-of-way and the just compensation for same being as
follows:
The North 60 feet of the following parcel of land:
The North 533 feet of the East 77 feet of the East 16 acres
of the West 34 acres of the East 60 acres of the Northwest
1/4 of Section 10, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan
Interested Party: Robert L Candlish
32415 Seven Mile Road
Livonia, Michigan 48152
Estate or interest to be taken: Fee simple in real
property.
Subject to delinquent taxes in accordance with Act 270 of
the Public Acts of 1931 and the prorating of taxes in
accordance with the provisions of Act 288 of the Public Acts
of 1966.
Estimated just compensation: $1,200.00
Im. BE IT FURTHER RESOLVED, that the Department of Law of the City of
Livonia be and is hereby authorized and directed to institute and
conduct the necessary proceedings on behalf of the City of
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Livonia in the Circuit Court for the County of Wayne, State of
Michigan (that being the County where the private property sought
to be taken is located), to carry out the objectives of this
resolution, and to acquire by condemnation for the City of
Livonia the private property hereinbefore described for the
purpose of widening, paving, altering and improving Seven Mile
Road between Mayfield and Merriman, as a necessary and authorized
public improvement, and that said proceedings be brought in
accordance with the provisions of Act 87 of the Public Acts of
1980, as amended, being MCLA 213.51, et seq. , and Act 295 of the
Public Acts of 1966, as amended, being MCLA 213.361, et. seq. ,
and which proceedings are made subject to being authorized by the
County of Wayne;
BE IT FURTHER RESOLVED, that the Council does hereby authorize
the expenditure of a sum not to exceed $1,200.00 for acquisition
costs and, FURTHER, the Council does hereby authorize the
expenditure of a sum not to exceed Five Hundred Dollars ($500.00)
as the City's portion of the prorated City, County, County Drain,
School and Community College tax in connection with the aforesaid
right-of-way, the same to be prorated as of the date of closing,
and FURTHER, the Council does hereby authorize the payment of the
aforesaid sums from the 12 Million Dollar General Obligation Road
Improvement Bond Issue approved by the electorate of the City in
1989 as compensation to be paid to the subject property owners in
connection with the project; and the City Clerk and City
ILK Treasurer are hereby authorized to do all things necessary or
incidental to the full performance of this resolution; and
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby
authorized to affix their signatures to a Declaration of Taking
in order to carry out the provisions of this Resolution and
Statement of Necessity.
#630-93 RESOLVED, that having considered a letter from the
Department of Law, dated July 22, 1993, approved by the City
Engineer and Finance Department and approved for submission by
the Mayor, the Council does hereby authorize the Department of
Law to acquire right-of-way at 32405 Seven Mile Road, owned by
Russell and Katherine M Rheaume, described as follows:
The North 60 feet of the following parcel of land:
The North 530.73 feet of the West 16 acres of the East 26
acres of the Northwest 1/4 of Section 10, T. 1S. , R.9E. , City
of Livonia, Wayne County, Michigan. (Seven Mile Road
right-of-way)
Parcel No. 038-99-0003-000
subject to the following conditions:
Imo
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(1) that the purchase price shall be in the sum of $7,500;
(2) that the City of Livonia shall pay for the cost of
title work in the sum of $500; application charges for
obtaining a partial discharge of mortgage;
(3) that the City's portion of the prorated City, County,
County Drain, School and Community College taxes shall
be in a sum not to exceed $200.
BE IT FURTHER RESOLVED, that a sum not to exceed $8,200 is hereby
authorized to be expended from the 12 Million Dollar General
Obligation Road Improvement Bond Issue approved by the voters of
the City in 1989 The City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this
resolution.
#631-93 RESOLVED, that having considered a communication from
the City Clerk, dated July 21, 1993, which indicates that the
proprietor of Orangelawn Woods Subdivision, located north of
Orangelawn Avenue between Stark Road and Farmington Road in the
Northeast 1/4 of Section 33, has delivered final true plats to
the City Clerk and requested that said plat be presented to
Council for final approval; and the Council having received a
communication from the City Planning Commission, dated July 16,
1993, wherein said Commission approves the final plat for the
said subdivision in its resolution 7-139-93, adopted on July 13,
1993; and the Council having considered a report from the City
Engineer, dated July 8, 1993, recommending approval of the final
plat of said subdivision, the preliminary plat of which was
approved by the Council in its resolution 331-93, adopted on May
5, 1993, said preliminary plat having been recommended for
approval by the City Planning Commission on December 15, 1992 in
its resolution 12-536-92; now, therefore, the Council does hereby
determine to grant its approval to the final plat of Orangelawn
Woods Subdivision, located north of Orangelawn Avenue between
Stark Road and Farmington Road in the Northeast 1/4 of Section
33, City of Livonia, Wayne County, Michigan, as submitted by the
proprietor thereof, which proprietor is also hereby required to
do all things necessary to obtain full compliance with the
Subdivision Control Act of Michigan of 1967, as amended, and the
ordinances of the City of Livonia; and FURTHER, the City Clerk is
hereby requested to do all things necessary or incidental to the
full performance of this resolution.
#632-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 9, 1993, approved
for submission by Mayor, the Council does hereby amend item no. 7
of Council Resolution 331-93, adopted on May 5, 1993, so as to
reduce the financial assurances now on deposit with the City for
General Improvements in the Orangelawn Woods Subdivision located
in the Northeast 1/4 of Section 33 to $70,000, of which at least
$10,000 shall be in cash, to cover the cost of remaining General
_ _
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Improvements in said subdivision, and the financial assurances
now on deposit with the City, if any, shall be reduced
ILK
accordingly; FURTHER, all other financial assurances now on
deposit with the City, including those for sidewalks, shall
remain the same and unchanged.
#633-93 RESOLVED, that Phoenix Land Development Co. , 32000
Northwestern Highway, Suite 145, Farmington Hills, MI 48334, as
proprietors, having requested the City Council to approve the
proposed preliminary plat of the following subdivision: Forest
Oaks Subdivision, located on the east side of Stonehouse Avenue
between Joy Road and Minton Street in the Southeast 1/4 of
Section 31, the said proposed preliminary plat being dated July
21, 1993; and it further appearing that tentative approval of
such preliminary plat was given by the City Planning Commission,
after due notice and a public hearing on April 6, 1993; and it
further appearing that such preliminary plat, together with
development plans and specifications for improvements therein
have been examined and approved by the Engineering Department as
is set forth in the report of that department dated July 30,
1993; therefore, the City Council does hereby approve of the said
preliminary plat on the following conditions:
(1) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with
the provisions of the ordinances of the City of Livonia,
including the Subdivision Control Ordinance, being Title 16,
Chapters 16 04 through 16 24 of the Livonia Code of
Ordinances, as amended; the Subdivision Regulations of the
Planning Commission; the regulations and specifications of
the Engineering Department and the Development Plans
submitted by the proprietor and approved by such department;
all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years
from the effective date of this resolution; failing this,
the approval contained herein shall be considered null, void
and of no effect whatsoever;
(2) That all inspection fees and other charges due to the City
of Livonia shall be fully paid at the time and in the manner
provided in the said Subdivision Control Ordinance, as
amended;
(3) That the installation of all such improvements shall be
subject at all times to the supervision and inspection and
final approval of the Engineering Department, and such
improvements shall not be considered as having been
satisfactorily and completely installed until there is filed
with the City Council the certificate as provided in Section
16 24.370 of the said Subdivision Control Ordinance, as
amended;
L1. (4) That the proprietor enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period
of time and in the prescribed manner, all improvements
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required to the extent required by the City of Livonia and
as shown on the approved development plans;
(5) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive the final approval of
the City Planning Commission as evidence that such plat is
in compliance with existing Subdivision Regulations;
(6) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City
Council within two (2) years from the effective date of this
resolution; the City Council shall approve final plats of
the aforesaid proposed subdivision if drawn in substantial
conformity with the proposed plat as approved herein, and
provided there has been compliance with all other
requirements of State Statute, the Subdivision Control Act,
the Subdivision Control Ordinance and this resolution;
(7) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements the
proprietor may file with the City of Livonia a corporate
surety bond, certified check, cash bond, irrevocable letter
of credit, or other financial assurance in such form as may
be approved by the Department of Law guaranteeing the
satisfactory installation of all such improvements,
utilities and grading by the proprietor within the
prescribed period; that in the event the proprietor elects
to deposit such financial assurances the same shall be in
the following amounts:
A General Improvement Bond $37,000, of which at least $5,000
shall be in cash
B. Sidewalk Bond $10,500, of which at least $3,000
shall be in cash.
C Grading & Soil Erosion $ 2,000, (all cash).
D. Monuments and Lot Markers $ 520, (all cash)
and require cash payments in the total amount of $9,075.00.
In addition, distribution lines for telephone and electric
services are to be placed underground and ornamental street
lights are to be provided throughout the subdivision.
#634-93 RESOLVED, that having considered the report and
recommendation of the City Engineer and Planning Director, dated
August 2, 1993, which bears the signature of the Finance
Department and is approved for submission by the Mayor, the
Council does hereby authorize an increase in the Elm Park Project
in the amount of $6,049 00 in order to provide landscaping on the
north side of Grantland Avenue that was recently paved, which is
adjacent to Elm Park, the said sum to be appropriated and
expended from Community Development Block Grant Funds for this
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project, said work to be performed in accordance with the unit
prices authorized in Council Resolution 537-93 by Siteworks
Construction Company, 552 Rambow, P 0. Box 1437, Monroe, MI
48161; and the Council does hereby authorize the said item
without additional competitive bidding in accordance with Section
3 04.140D 5 of the Livonia Code of Ordinances, as amended.
#635-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 19, 1993, which
bears the signature of the Finance Department and is approved for
submission by the Mayor, and which is submitted pursuant to
Council Resolution 478-93 with regard to the question of the lack
of sidewalks on the north side of Seven Mile Road between Ben
Celani Park and Bicentennial Park, the estimated cost of which is
$11,000, including a ditch crossing, the Council does hereby
authorize the construction of the said sidewalks as a change
order to be added to the 1993 Sidewalk Program, Contract 93-D,
previously authorized in Council Resolution 131-93, said amount
to be appropriated and authorized to be expended from the Motor
Transportation Fund (Major Road Account); 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.
#636-93 RESOLVED, that having considered a communication from
the City Engineer, dated July 16, 1993, approved for submission
by the Mayor, in which is identified a sidewalk requiring
installation, and for the reasons stated, the Council does hereby
require the owner of the lot and premises referred to in said
communication to install sidewalk 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,
and FURTHER, said owner of the lot and premises herein referred
to shall complete said sidewalk work no later than September 30,
1993, after which date the Engineering Department shall arrange
for the construction of said sidewalk as part of the 1993
Sidewalk Program
#637-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 16, 1993, which
bears the signature of the Finance Department and is approved for
submission by the Mayor, with regard to the installation of a
sidewalk on the north side of Seven Mile Road between
Purlingbrook and the Carl Sandburg Library and the necessity of
acquiring right-of-way in connection therewith, the Council does
hereby determine to authorize the acquisition of right-of-way
from the following parties for the following amounts
a) To authorize payment in the amount of $3,924 00 to Mrs
Rocco Paolucci, 30256 Seven Mile, Livonia, MI 48152;
ims b) To authorize payment in the amount of $1,855 75 to Paul S.
Kennedy, 30284 Seven Mile, Livonia, MI 48152;
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c) To authorize payment in the amount of $2,016.00 to Nicholas
Galovich, 30294 Seven Mile, Livonia, MI 48152; and
d) To authorize an appropriation in the amount of $11,313.00
from the Motor Transportation Fund (Major Road Account) for
right-of-way acquisition, of which $7,795.75 is for the
purpose of making net payments to landowners as specified
above and $3,517.25 is to be transferred to the sidewalk
construction fund for the purpose of paying the contractor
installing the sidewalk;
and the Department of Law is hereby requested to prepare the
appropriate documents, as well as to do all other things
necessary to the full performance of this resolution.
#638-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 26, 1993,
approved as to form by the City Attorney and approved for
submission by the Mayor, and to which is attached a proposed
agreement between the City of Livonia and the County of Wayne,
which would authorize the City of Livonia to proceed in behalf of
the County of Wayne to acquire Seven Mile Road right-of-way
between Inkster and Farmington Roads, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City
of Livonia, to execute the said agreement, as well as to do all
other things necessary or incidental to the full performance of
this resolution.
#639-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 27, 1993,
approved for submission by the Mayor, and submitted pursuant to
Council Resolution 553-93 with regard to the question of the
notification process prescribed under the single lot assessment
ordinance with respect to sidewalk and drive approach
construction, the Council does hereby refer this item to the
Streets, Roads and Plats Committee for its report and
recommendation.
#640-93 RESOLVED, that having considered the report and
recommendation of the Assistant Planning Director, dated July 7,
1993, approved for submission by the Mayor Pro Tem, and to which
is attached a Holdharmless Contract between the City of Livonia
and First Step for the period August 1, 1993 through July 31,
1994, the Council does hereby authorize the Mayor and City Clerk,
for and on behalf of the City of Livonia, to execute the proposed
Holdharmless Contract in the manner and form herein submitted, as
well as to do all other things necessary or incidental to the
full performance of this resolution.
#641-93 RESOLVED, that having considered a communication from
L the Assistant Planning Director, dated July 7, 1993, approved for
submission by the Mayor Pro Tem, to which is attached a
Holdharmless Contract between the City of Livonia and the
Community Commission on Drug Abuse for the 1993-94 program year,
_ _
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L the Council does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute the said
contract in the manner and form herein submitted, as well as to
do all other things necessary or incidental to the full
performance of this resolution.
#642-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 30, 1993, which
transmits its resolution 7-155-93, adopted on July 27, 1993, with
regard to Petition 93-7-8-13, submitted by Polaris Communications
requesting approval to erect a satellite dish antenna on the roof
of the Target store located at 20100 Haggerty Road in Section 6,
pursuant to the provisions set forth in Section 18.42 of Livonia
Zoning Ordinance No. 543, as amended, the Council does hereby
concur in the recommendation of the Planning Commission and
Petition 93-7-8-13 is hereby approved and granted, subject to the
following condition:
1) That the Site Package, received by the Livonia Planning
Commission on 7/2/93 by Polaris Communications, is hereby
approved and shall be adhered to.
#643-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 4, 1993, which
transmits its resolution 7-156-93, adopted on July 27, 1993, with
regard to Petition 93-7-8-14, submitted by Knights of Columbus,
requesting approval to erect a satellite dish antenna on the roof
of the assembly hall located at 19801 Farmington Road in Section
4, pursuant to the provisions set forth in Section 18.42 of
Ordinance No. 543, as amended, the Council does hereby concur in
the recommendation of the Planning Commission and Petition
93-7-8-14 is hereby approved and granted, subject to the
following condition:
1) That the Site Package, received by the Livonia Planning
Commission on 7/13/93, by Advanced Satellite, is hereby
approved and shall be adhered to.
#644-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 4, 1993, which
transmits its resolution 7-157-93, adopted on July 27, 1993, with
regard to Petition 93-7-8-15, submitted by Schostak Brothers &
Company in behalf of Wonderland Shopping Center, requesting site
plan approval in connection with a proposal to alter an exterior
building elevation and Sign Permit Application for one wall sign
for the shopping center located on the south side of Plymouth in
Section 35, pursuant to the provisions set forth in Section 18.47
of Ordinance No 543, as amended, the Council does hereby concur
in the recommendation of the Planning Commission and Petition
93-7-8-15 is hereby approved and granted, subject to the
iim following conditions:
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1) That the Elevation Plan dated 6/30/93, by Schostak Brothers
& Company, is hereby approved and shall be adhered to;
2) That the Sign Package, received by the Livonia Planning
Commission on 7/14/93, by Schostak Brothers & Company, is
hereby approved and shall be adhered to; and
3) That this approval by the Planning Commission is subject to
the applicant being granted a variance for excessive signage
by the Zoning Board of Appeals.
#645-93 RESOLVED, that having considered a communication from
the Council President, dated July 8, 1993, to which is attached a
copy of an amendment to the Disorderly Conduct Ordinance of
Brownstown Township, which includes various items such as
graffiti, spray paint, etc. , the Council does hereby refer this
item to the Department of Law for its report and recommendation.
#646-93 RESOLVED, that having considered a complaint submitted
at the Study Session on August 9, 1993 by Tracy L Bieringer,
421-1/2 Middle Street, Chelsea, Michigan, concerning an alleged
shut-down of a hot dog cart business at Builders Square on
Plymouth Road, the Council does hereby refer this item to the
Inspection Department for its report and recommendation.
#647-93 RESOLVED, that having considered a report from
Councilmember Fernon P Feenstra, submitted at the Study Session
conducted on August 9, 1993, the Council does hereby authorize
the placement of Heart Fund banners on the public right-of-way of
the golf courses, which are to be utilized in connection with the
Heart Fund Golf Outing to be conducted on August 25, 1993;
FURTHER, the Council does hereby request and authorize the
posting of a "Welcome" sign at the Whispering Willows Golf
Course, in behalf of the members of the City Council in
connection with this activity, and the Public Service Department
is hereby requested to implement this action
#648-93 RESOLVED, that having considered the report of
Councilmember Fernon P Feenstra, submitted at the Study Session
conducted on August 9, 1993, with regard to the waiver of
facility rental fees for City buildings, including the City Hall,
auditorium, lobby, etc. and the application of the City of
Livonia Fees/Waivers Four Category Grid established in Council
Resolution 371-93, adopted on May 5, 1993, the Council does
hereby refer this item to the Department of Community Resources
for its report and recommendation
#649-93 WHEREAS, the City of Livonia has received a request
from the Vice President/Plant Manager of Borg-Warner Automotive
Powdered Metals Corporation, 32059 Schoolcraft, Livonia, Michigan
48150-1864, dated July 30, 1993, which submits an application
proposing the establishment of an industrial development
district; and
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WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as
amended, this Council has authority to establish "industrial
development districts" within the boundaries of the City of
Livonia; and
WHEREAS, there is located within the boundaries of the City of
Livonia an area of approximately 2 539 acres lying in the North
1/2 of Northeast 1/4 of Section 27, as more particularly
described in the attachment to the application which is hereby
incorporated by reference and which is hereinafter referred to as
"Proposed City of Livonia Industrial Development District No.
56";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows:
1 The City Clerk is directed to give written notice by
certified mail of this action to all owners of real property
within the boundaries of Proposed City of Livonia Industrial
Development District No 56
2 This City Council sets Monday, September 27, 1993, at 8:00
p m. as the date for the holding of a public hearing on the
question of whether this City Council should establish the
Industrial Development District described above
3 This City Council directs the City Clerk to provide notice,
as required by law, of the public hearing fixed above, so
that all residents or taxpayers of the City of Livonia shall
be afforded an opportunity to be heard on the question of
establishing the Industrial Development District described
above
#650-93 RESOLVED, that having considered a communication from
Mysa Nawwas, dated August 2, 1993, which, in accordance with the
provisions of Section 19 08 of Ordinance 543, as amended, the
Zoning Ordinance, takes an appeal from a determination made on
July 27, 1993 by the City Planning Commission in its resolution
7-148-93 with regard to Petition 93-6-2-14, submitted by M & N
Corporation Limited, requesting waiver use approval to utilize an
SDM license for a proposed business to be located within an
existing shopping center on the north side of Seven Mile Road
between Rensellor and Antago Boulevards in the Southeast 1/4 of
Section 1, which property is zoned C-1, the Council does hereby
designate Monday, September 27, 1993, at 8:00 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.
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#651-93 RESOLVED, that having considered a communication from
George La Forest, dated July 30, 1993, which, in accordance with
the provisions of Section 19.08 of Ordinance 543, as amended, the
Zoning Ordinance, takes an appeal from a determination made on
July 27, 1993 by the City Planning Commission in its resolution
7-149-93 with regard to Petition 93-6-2-15, submitted by Grand
Rental Station, requesting waiver use approval for outdoor
display of rental equipment on property located on the west side
of Wayne Road between Plymouth Road and Elmira Avenue in the
Northwest 1/4 of Section 33, which property is zoned C-2, the
Council does hereby designate Monday, September 27, 1993, at 8:00
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
#652-93 RESOLVED, that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan of
1921, as amended, the City Zoning Act (MSA 5.2934; MCLA 125.584),
as well as Article XXIII of Ordinance 543, as amended, the Zoning
Ordinance of the City of Livonia, the Council does hereby
determine that a public hearing will take place before the City
Council of the City of Livonia on Monday, September 27, 1993, at
8:00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items:
(1) Petition 93-6-1-9, submitted by the City Planning
Commission, pursuant to Council Resolution 335-93, for a
change of zoning of the land area of Quaker West Park,
Quaker Center Park, with the exception of the triangular
portion east of Lot 260, and Quaker East Park in the
Northwest 1/4 of Section 18, from R-2C to NP, the City
Planning Commission in its resolution 7-145-93 having
recommended to the City Council that Petition 93-6-1-9 be
approved;
(2) Petition 93-6-6-4, submitted by the City Planning Commission
to determine whether to amend Section 2 03 and Articles IV,
V, VI and VII of Zoning Ordinance 543 regarding definitions
of residential lot frontages, the City Planning Commission
in its resolution 7-151-93 having recommended to the City
Council that Petition 93-6-6-4 be approved; and
(3) Petition 93-6-6-5, submitted by the City Planning Commission
to determine whether to amend Sections 14 02 and 14.03 of
twe Zoning Ordinance 543 to alter the RE district regulations to
make it more compatible to current development standards,
the City Planning Commission in its resolution 7-152-93
having recommended to the City Council that Petition
93-6-6-5 be approved;
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FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature of
the proposed amendments to the Zoning Ordinance, and/or (b)
location of the proposed changes of zoning as set forth above,
first to be published in the official newspaper of the City or a
newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by certified mail to
each public utility company and to each railroad company owning
or operating any public utility or railroad within the districts
or zones affected; and FURTHER, the City Clerk is requested to do
all other things necessary or incidental to the full performance
of this resolution
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES Feenstra, McGee, Kavanagh, Ochala, Toy, Jurcisin, and
Taylor
NAYS: None
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#653-93 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated July 19, 1993,
approved for submission by the Mayor, and which indicates that
the Housing Commission has recommended the following rental
adjustments with respect to Newburgh Village
Adjusted Rent
Bedroom Size Current Rent Effective 12/1/93
One Bedroom $405 $415
Two Bedroom 475 485
The above rents exclude gas and electric
The Council does hereby concur in and approve of the recommended
action.
On a motion by McGee, seconded by Ochala, and unanimously
adopted, it was:
#654-93 RESOLVED, that having considered the report of
100 Councilman Fernon P. Feenstra, submitted at the Study Session
conducted on August 9, 1993, with regard to the possible impact
of Senate Bill 1 which freezes property valuations and its
possible impact on the City budget, the Council does hereby refer
27792
this item to the Mayor for his report and recommendation, the
same to be submitted prior to the Preliminary Budget Meetings for
the 1993-94 Fiscal Budget; and FURTHER RESOLVED, that the Livonia
City Council does hereby take this means to express its deep
concern over the potential loss of municipal revenue sharing and
grant moneys to cities with racetracks presently used to pay for
police, fire and other essential public services, which could
result from implementation of the Arthurhultz Plan to replace
local school operating mills, and does hereby refer this item to
the Mayor for his report and recommendation; and FURTHER, does
direct the Director of Legislative Affairs to convey the
Council's concerns to Philip Arthurhultz, with copies to Senator
R. Robert Geake, Representative Lyn Banks, and Representative
Jerry Vorva.
Feenstra gave first reading to the following Ordinance:
AN ORDINANCE AMENDING PARAGRAPH 50 OF SECTION 170
OF CHAPTER 03 (GENERAL LICENSING PROCEDURE) OF
TITLE 5 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
Ochala gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 020, 040A, 040D,
050, 070, 080, 110, 120, 130, 140, 170 AND 180
OF TITLE 15, CHAPTER 52 (DANGEROUS BUILDINGS AND
STRUCTURES) 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
Kavanagh gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 060 OF TITLE 5,
CHAPTER 66 (PEDDLERS, TRANSIENT MERCHANTS AND
SOLICITORS) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED.
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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 took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE ADDING SECTION 040 TO TITLE 9,
CHAPTER 72 (FORTUNETELLING AND PALMISTRY) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Feenstra, McGee, Kavanagh, Ochala, Toy, Jurcisin, and
Taylor
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
lombecome effective on publication.
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
#655-93 RESOLVED, that having considered a communication from
the City Assessor, dated July 19, 1993, approved for submission
by the Mayor, with regard to a request from Mr Louis Ronayne,
J.K L Associates Inc , in behalf of Mr Graham Barton, 209 Park
Ave , Box 356, Charlevoix, Michigan 49720, and Mr. Sam Santelli,
10631 Trailwood, Plymouth, Michigan 48170, and in accordance with
the provisions of 1967 PA 288, as amended, as well as Section
18.46 of Ordinance 543, as amended, the Council does hereby
approve of the proposed division and combination of Tax Item Nos
46 090 99 0090 000 and 46 090 99 0092 000 into four parcels, the
legal descriptions of which shall read as follows:
Parcel "1"
Part of the West 1/2 of the Northwest 1/4 of Section 23,
T.1S , R.9E. , City of Livonia, Wayne County, Michigan,
described as beginning at a point distant North 89 degrees
57 minutes 00 seconds East along the north line of Section
23, 700 00 feet and South 00 degrees 12 minutes 20 seconds
East along the East right-of-way line of Bainbridge Avenue
2444 02 feet from the Northwest corner of said Section 23,
T 1S , R 9E. and proceeding thence North 89 degrees 57
minutes 00 seconds East 230 00 feet; thence South 00 degrees
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12 minutes 20 seconds East 99.00 feet; thence South 89
degrees 57 minutes 00 seconds West 230.00 feet; thence North
00 degrees 12 minutes 20 seconds West along the East
right-of-way line of Bainbridge Avenue 99.00 feet to the
point of beginning Containing 0.5227 acres. Subject to
easements of record.
Parcel "2"
Part of the West 1/2 of the Northwest 1/4 of Section 23,
T.1S. , R 9E. , City of Livonia, Wayne County, Michigan,
described as beginning at a point distant North 89 degrees
57 minutes 00 seconds East along the north line of Section
23, 700.00 feet and South 00 degrees 12 minutes 20 seconds
East along the East right-of-way line of Bainbridge Avenue
2444 02 feet and North 89 degrees 57 minutes 00 seconds East
230 00 feet from the Northwest corner of said Section 23,
T. 1S. , R.9E. and proceeding thence North 89 degrees 57
minutes 00 seconds East 130.90 feet; thence South 00 degrees
12 minutes 20 seconds East 153.61 feet; thence South 89
degrees 51 minutes 50 seconds West along the North
right-of-way line of Lyndon Avenue 130.90 feet; thence North
00 degrees 12 minutes 20 seconds West 153 81 feet to the
point of beginning. Containing 0.4619 acres. Subject to
easements of record.
Parcel "3"
tis Part of the West 1/2 of the Northwest 1/4 of Section 23,
T.1S , R 9E. , City of Livonia, Wayne County, Michigan,
described as beginning at a point distant North 89 degrees
57 minutes 00 seconds East along the north line of Section
23, 700.00 feet and South 00 degrees 12 minutes 20 seconds
East along the East right-of-way line of Bainbridge Avenue
2444.02 feet and North 89 degrees 57 minutes 00 seconds East
360 90 feet from the Northwest corner of said Section 23,
T. 1S , R.9E. and proceeding thence North 89 degrees 57
minutes 00 seconds East 130.91 feet; thence South 00 degrees
12 minutes 20 seconds East 153.42 feet; thence South 89
degrees 51 minutes 50 seconds West along the North
right-of-way line of Lyndon Avenue 130.91 feet; thence North
00 degrees 12 minutes 20 seconds West 153.61 feet to the
point of beginning. Containing 0.4614 acres. Subject to
easements of record.
Parcel "4"
Part of the West 1/2 of the Northwest 1/4 of Section 23,
T. 1S. , R.9E. , City of Livonia, Wayne County, Michigan,
described as beginning at a point distant North 89 degrees
57 minutes 00 seconds East along the north line of Section
23, 700 00 feet and South 00 degrees 12 minutes 20 seconds
East along the East right-of-way line of Bainbridge Avenue
2444 02 feet and North 89 degrees 57 minutes 00 seconds East
101. 491 81 feet from the Northwest corner of said Section 23,
T. 1S , R 9E. and proceeding thence North 89 degrees 57
minutes 00 seconds East 130 91 feet; thence South 00 degrees
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12 minutes 20 seconds East 153.22 feet; thence South 89
degrees 51 minutes 50 seconds West along the North
right-of-way line of Lyndon Avenue 130.91 feet; thence North
00 degrees 12 minutes 20 seconds West 153 42 feet to the
point of beginning Containing 0.4608 acres. Subject to
easements of record
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference; and the City Clerk is hereby
requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds;
provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals.
On a motion by McGee, seconded by Jurcisin, and unanimously
adopted, it was:
#656-93 RESOLVED, that the Council does hereby request that the
Inspection Department submit a report and recommendation with
respect to the condition and maintenance of property located at
the northeast corner of Bainbridge and Lyndon.
The President relinquished the Chair to the Vice President at 9:31 p.m.
On a motion by Taylor, seconded by Toy, and unanimously adopted,
it was:
#657-93 RESOLVED, that the Council does hereby request that the
Committee of the Whole submit a report and recommendation with
respect to the size of signs which are to be posted in connection
with petitions for lot splits and petitions for rezoning of
property
The President resumed the Chair at 9:34 p m
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was:
#658-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City
Librarian, dated July 19, 1993, approved by the Finance
Department and approved for submission by the Mayor, and wherein
it is recommended that certain improvements be made with respect
to the heating and cooling systems of the Carl Sandburg Library,
the Council does hereby determine as follows
lbw a) To authorize the employment of the firm of Kamp DiComo
Associates, P.C. , 15875 Middlebelt, Livonia, Michigan 48154,
to provide architectural design, including an ADA
improvement schedule, for an amount not to exceed $6,980;
and
27796
b) To authorize the employment of the firm of S.F Sonk
Associates, Inc. , 39201 Schoolcraft Road, Suite 89, Livonia,
Michigan 48150, to provide mechanical design services with
respect to this project for an amount not to exceed $7,000;
and the Mayor and City Clerk are hereby authorized, for and on
behalf of the City of Livonia, to execute contracts with the
aforesaid firms as well as to do all other things necessary or
incidental to the full performance of this resolution; and the
Council does hereby authorize the action herein without
competitive bidding in accordance with Sections 3.04.140D.2 and 5
of the Livonia Code of Ordinances, as amended; and the Council
does hereby appropriate a sum not to exceed $14,000 from the
Library Fund; and the Council does hereby authorize the Director
of Public Works to seek competitive bids with respect to all
facility improvements described in the aforesaid communication.
On a motion by Kavanagh, seconded by McGee, and unanimously
adopted, it was:
#659-93 RESOLVED, that the Council does hereby request that the
Finance Department submit a report and recommendation with
respect to the current status and amount of the Library Fund
Balance.
On a motion by Ochala, seconded by Toy, it was:
RESOLVED, that having considered a communication from
the Department of Finance, dated July 20, 1993, approved for
submission by the Mayor, to which is attached an invoice from the
National League of Cities, dated July 6, 1993, in the amount of
$5,909 for annual membership dues for the period October 1, 1993,
through September 30, 1994, and having also considered a report
and recommendation from the Mayor, dated August 16, 1993, the
Council does hereby approve and authorize the payment of same.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Ochala and Toy.
NAYS: Feenstra, McGee, Kavanagh, Jurcisin, and Taylor.
The President declared the resolution denied.
On a motion by Kavanagh, seconded by Feenstra, it was:
#660-93 RESOLVED, that having considered a communication from
the Department of Finance, dated July 20, 1993, approved for
submission by the Mayor, to which is attached an invoice from the
National League of Cities, dated July 6, 1993, in the amount of
$5,909 for annual membership dues for the period October 1, 1993,
27797
through September 30, 1994, and having also considered a report
and recommendation from the Mayor, dated August 16, 1993, the
Council does hereby reject and deny the payment of same.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra, McGee, Kavanagh, Jurcisin, and Taylor.
NAYS: Ochala and Toy.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#661-93 RESOLVED, that having considered the report and
recommendation of the Department of Finance, dated August 3,
1993, approved for submission by the Mayor, the Council does
hereby authorize the execution of appropriate agreements between
the City of Livonia and New World Systems, 3270 W. Big Beaver
Road, Suite 300, Troy, MI 48084-2901, to provide the City with
software requirements in connection with the City's purchase of
an AS/400 computer to replace the existing System 38 computer
!lowbased upon the following cost figures:
A) AS/400 Software Licensing Agreement for all current
programs, one-time payment of $33,000;
B) Cash Register Interface - Additional Financial Management
Software, one-time payment of $5,000;
C) Estimated Cost of Support Services for the Conversion and
for Employee Training is an expense which will be incurred
as needed at the rate of $75 per hour, and is estimated at
200 hours, with a one-time payment of not to exceed $15,000;
and
D) Maintenance Contract for a three-year period in the amount
of $50,834 per year;
FURTHER, the Council does hereby appropriate and authorize the
expenditure of the following sums for both the hardware and
software requirements for the IBM AS/400 computer from the
following accounts in the following amounts:
Water/Sewer 591-558-814-050 $ 81,975
Refuse-Hardware 205-527-987-000 18,000
11. Refuse-Software
Library
205-525-851-020 8,750
271-738-987-000 13,375
Roads 101-463-987-000 41,884
General F-Hardware 101-915-982-000 18,000
General F-Software 101-915-986-010 8,750
Total $190,734
27798
AND, the Council does hereby authorize the action herein without
competitive bidding in accordance with Sections 3.04. 140D.2 and 5
of the Livonia Code of Ordinances, as amended
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#662-93 RESOLVED, that having considered the report and
recommendation of the Department of Finance, dated August 3,
1993, approved for submission by the Mayor, with regard to the
software requirements for the IBM AS/400 computer, the Council
does hereby refer the subject matter to the Capital Improvement
Committee for its report and recommendation.
On a motion by Ochala, seconded by McGee, and unanimously
adopted, it was
1/663-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 16, 1993, which
bears the signature of the Finance Department and is approved for
submission by the Mayor, the Council does hereby accept the unit
price bid of Peter A. Basile Sons, Inc. , 13000 Newburgh, P.O Box
2129, Livonia, MI 48151, for the widening of the south side of
Seven Mile Road between Farmington Road and a point 600 feet east
of Mayfield Avenue for the estimated total cost of $167,131.85,
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; and the Council does
hereby appropriate and authorize an expenditure of a sum not to
exceed $167,131.85 from the Motor Transportation Fund (Major Road
Account) 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.
On a motion by Ochala, seconded by Feenstra, and unanimously
adopted, it was:
#664-93 RESOLVED, that the Council does hereby request that the
Finance Department submit a status report with respect to
administrative costs incurred by the City of Livonia to date with
respect to Prevailing Wage requirements established in accordance
with provisions of law and City ordinance
ib. On a motion by Ochala, seconded by Feenstra, and unanimously
adopted, it was:
27799
#665-93 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public
Works, dated July 28, 1993, which bears the signature of the
Finance Department and is approved for submission by the Mayor,
the Council does hereby accept the unit price bid of Troelsen
Excavating Co , 1395 Rochester Road, Troy, MI 48083, for the
Rehabilitation Program/Additional Alternate Drainage Sites for
the estimated total cost of $135,997 50, 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; and the Council does hereby appropriate and
authorize the expenditure of a sum not to exceed $135,997.50 from
the Sewer Fund Unexpended Fund Balance 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.
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was:
Lis #666-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 27, 1993, which transmits
its resolution 5-114-93, adopted on May 18, 1993, with regard to
a Sign Permit Application submitted by Great Lakes Electrical in
behalf of Jo-Ann Fabrics, requesting approval for one wall sign
for the building located at 29514 Seven Mile Road in Section 2,
the Council does hereby concur in the recommendation of the
Planning Commission and approve the said Sign Permit Application,
subject to the following conditions
1) That the sign package received by the City of Livonia
Planning Commission on 4/30/93 by Great Lakes Electrical, is
hereby approved and shall be adhered to;
2) That this approval is subject to the applicant being granted
a variance by the Zoning Board of Appeals; and
3) That the wall sign herein approved shall have a maximum
square footage of 80 feet.
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#667-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 27, 1993, which transmits
its resolution 5-113-93, adopted on May 18, 1993, with regard to
a Sign Permit Application submitted by Belle Isle Awning Company
27800
in behalf of Pet Supplies Plus, requesting approval for two
awning signs for the building located at 29489 Seven Mile Road in
Section 11, and having also considered a communication from the
Chairman of the Planning Commission, dated August 9, 1993, the
Council does hereby refer this item to the next Study Session to
be conducted on August 23, 1993
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was:
#668-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 14, 1993, which
transmits its resolution 6-126-93, adopted on June 8, 1993, with
regard to a Sign Permit Application submitted by Marygrove Awning
Company in behalf of Winter Garden Bar & Grill, requesting
approval for one awning sign for the property located at 33320
Seven Mile Road in Section 3, and having also considered a
request submitted by the petitioner at the Study Session
conducted on August 9, 1993 to eliminate the request for a sign
and in lieu thereof, approve the installation of the awning only,
the Council does hereby determine to approve the request herein
submitted, as modified, so as to permit the installation of the
requested awning without any sign or lettering of any kind
thereon
ibm On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was:
#669-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 16, 1993, which
transmits its resolution 7-141-93, adopted on July 13, 1993, with
regard to Petition 93-6-8-9, submitted by Curtis L. Felch, R.A ,
in behalf of Discount Tire Company, requesting site plan approval
in connection with a proposal to paint the exterior of a building
located at 18975 Middlebelt Road in Section 11, 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 93-6-8-9 is hereby approved
and granted, subject to the following conditions:
1) That the Elevation Plan, defined as Sheet A.3, dated
6/17/93, by Felch Architecture, is hereby approved and shall
be adhered to;
2) That the exterior elevations of this building shall be
continuously maintained so that this site will not cause a
visual blight that could jeopardize the property values in
the area; and
3) That this approval is for this petitioner and this
petitioner only, as well as for this use and this use only;
and this paint is to be removed in the event of an occupancy
change
27801
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was:
#670-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 16, 1993, which
transmits its resolution 7-143-93, adopted July 13, 1993, with
regard to Petition 93-6-8-12, submitted by Giffels Hoyem Basso,
in behalf of Comerica Bank, requesting site plan approval in
connection with a proposal to construct an automated teller
machine, extend the existing drive-through canopy and add a new
by-pass lane for the bank branch located at 17111 Laurel Park
Drive in Section 7, 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 93-6-8-12 is hereby approved and granted, subject to
the following condition
That the Site and Elevation Plan, defined as Sheet A. 1,
dated 6/24/93, by Giffels Hoyem Basso, Inc , is hereby
approved and shall be adhered to.
On a motion by Ochala, seconded by McGee, and unanimously
adopted, it was:
#671-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 2, 1993, which
transmits its resolution 7-154-93, adopted on July 27, 1993,
requesting authorization to substitute a greenbelt for a
protective wall in connection with Petition 92-9-2-28, and which
submits a Sign Permit Application to erect a ground sign by Ford
Motor Land Company in behalf of the UAW-Ford Child Development
Center located at 38945 Ann Arbor Road in Section 31, the Council
does hereby concur in the recommendation made by the City
Planning Commission and the said authorization to substitute a
greenbelt and the Sign Permit Application are hereby approved and
granted, subject to the following conditions:
1) That the Site/Grading Plan, defined as Sheet No. C-1, dated
12/8/92, by DeMattia & Associates, is hereby approved and
shall be adhered to;
2) That an adequate irrigation system that would permanently
maintain all plants in a healthy condition shall be
installed prior to final inspection; and
3) That the Sign Plan by the Supersine Company, dated 6/24/93,
as revised, is hereby approved and shall be adhered to.
low On a motion by Feenstra, seconded by Jurcisin, it was:
27802
#672-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 30, 1993, which
transmits its resolution 7-147-93, adopted on July 27, 1993, with
regard to Petition 93-5-2-13, submitted by John Bolda, Ram's Horn
Restaurant, requesting waiver use approval to increase the floor
area and seating capacity of an existing restaurant located on
the west side of Middlebelt Road between Morlock and Norfolk
Avenues in the Northeast 1/4 of Section 2, which property is
zoned C-1 and C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission, and Petition
93-5-2-13 is hereby approved and granted, subject to the granting
of a variance by the Zoning Board of Appeals for a deficient
number of off-street parking spaces, and subject to the following
additional conditions:
1) That the Site Plan, Sheet S-1, dated 5-5-93, as revised,
prepared by Technical Group Inc , Architects, which is
hereby approved, shall be adhered to;
2) That the Building Elevations, Sheet A-2, dated 7-1-93, by
Technical Group Inc , Architects, which is hereby approved,
shall be adhered to;
3) That a landscape plan shall be submitted to the Planning
Commission for approval within thirty days of the date of
this resolution;
4) That the rooftop mechanical units shall be screened from
public view; and
5) That the restaurant shall have a maximum seating capacity of
114 seats
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra, Kavanagh, Toy, Jurcisin, and Taylor.
NAYS: McGee and Ochala
The President declared the resolution adopted
On a motion by Ochala, seconded by Toy, and unanimously adopted,
it was:
#673-93 RESOLVED, that having considered the report and
recommendation of the Department of Law and City Engineer, dated
August 6, 1993, the Council does hereby determine that the
contract between the City of Livonia and M G Christian
Imo Builders, Inc for the 1992 Sidewalk Program authorized in
Resolution 181-92 be terminated for default; and that the City
Attorney be authorized to notify the contractor and National
American Insurance Company, 5550 W Touhy, Ste. 400, Skokie, IL
60077, the bonding company, of the termination
27803
On a motion by Toy, seconded by Jurcisin, it was:
tor #674-93 RESOLVED, that having considered a complaint submitted
by Mr. Alex Wassell, 29778 Richland, Livonia, Michigan, at the
Study Session conducted on August 9, 1993, with respect to the
new fence ordinance, Ordinance 2176, and its provisions
concerning privacy fences, the Council does hereby refer this
item to the Legislative Committee for its report and
recommendation.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Toy, Jurcisin, and Taylor.
NAYS: Feenstra, Kavanagh, and Ochala.
The President declared the resolution adopted.
On a motion by Jurcisin, seconded by McGee, it was:
#675-93 WHEREAS, the City Council has received an application
for the transfer of an industrial facilities exemption
certificate to Oxbow Machine Products, Inc. , 8610 Lanewood,
Westland, Michigan 48185, from Roma's Commissary, Inc. ,
(Exemption Certificate #88-041) covering industrial facilities
located within the City of Livonia Industrial Development
District ##43; and
WHEREAS, the Council did previously in Council Resolution 41-88,
adopted on January 13, 1988, approve an industrial facilities
exemption certificate for Roma's Commissary, Inc. , for a period
of 10 years; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA AS FOLLOWS:
(1) That the City Council, on the basis of the information
received from the applicant, Oxbow Machine Products, Inc. ,
finds and determines:
(a) That the approval of the transfer of this industrial
facilities exemption certificate shall not have the
effect of substantially impeding the operation of the
local governmental unit or impairing the financial
soundness of any taxing unit which levies an ad valorem
property tax in the local governmental unit in which
the facility is to be located; and
(b) The application has fully complied with the
requirements of Section 9, Act. No. 198, PA 1974, as
amended.
27804
(2) That the City Council hereby approves the above transfer of
industrial facilities exemption certificate from Roma's
Commissary, Inc , covering industrial facilities to be
located within the City of Livonia Industrial Development
District #43
(3) Council Resolution 41-88, adopted on January 13, 1988, is
hereby amended and revised to the extent necessary to be
consistent with the action taken herein.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES Feenstra, McGee, Kavanagh, Jurcisin, and Taylor
NAYS: Ochala and Toy
The President declared the resolution adopted
On a motion by Feenstra, seconded by McGee, it was
WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Oxbow Machine
Products, Inc 8610 Lanewood, Westland, Michigan 48185, dated May
26, 1993, covering new industrial facilities to be located within
City of Livonia Industrial Development District No 43; and
WHEREAS, the City Clerk has notified in writing the Assessor of
the City of Livonia as well as the legislative body of each
taxing unit which levies ad valorem property taxes in the local
governmental unit in which the proposed facility is to be
located, i e , the City of Livonia, and advised each of them that
the said Application has been received; and
WHEREAS, the City Council has afforded Oxbow Machine Products,
Inc , the Assessor, and a representative of each of the affected
taxing units an opportunity for a hearing on this Application and
said hearing having in fact been conducted at 8:00 p.m. on
Monday, July 19, 1993, at the Livonia City Hall, 33000 Civic
Center Drive, Livonia, Michigan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS
FOLLOWS:
1 That the City Council, on the basis of the information
received from the applicant, Oxbow Machine Products, Inc ,
finds and determines (a) that the granting of this
industrial facilities exemption certificate shall not have
the effect of substantially impeding the operation of the
local governmental unit or impairing the financial soundness
of any taxing unit which levies an ad valorem property tax
in the local governmental unit in which the facility is to
be located; and (b) the applicant has fully complied with
the requirements of Section 9, Act No 198, P A. 1974 (or
Act 255 of P A 1978), as amended
27805
2 That the City Council hereby approves the Application for
lor Industrial Facilities Exemption Certificate from Oxbow
Machine Products, Inc , covering new industrial facilities
to be located within the City of Livonia Industrial
Development District No 43, for 12 years.
On a motion by Kavanagh, seconded by Toy, it was:
RESOLVED, that Paragraph 2 of the foregoing resolution
be amended to read 5 years in lieu of 12 years.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES Kavanagh
NAYS: Feenstra, McGee, Ochala, Toy, Jurcisin, and Taylor.
The President declared the resolution denied.
A roll call vote was taken on the originally proposed resolution, as
follows, with the following result:
#676-93 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Oxbow Machine
Products, Inc 8610 Lanewood, Westland, Michigan 48185, dated May
26, 1993, covering new industrial facilities to be located within
City of Livonia Industrial Development District No 43; and
WHEREAS, the City Clerk has notified in writing the Assessor of
the City of Livonia as well as the legislative body of each
taxing unit which levies ad valorem property taxes in the local
governmental unit in which the proposed facility is to be
located, i e , the City of Livonia, and advised each of them that
the said Application has been received; and
WHEREAS, the City Council has afforded Oxbow Machine Products,
Inc. , the Assessor, and a representative of each of the affected
taxing units an opportunity for a hearing on this Application and
said hearing having in fact been conducted at 8:00 p m. on
Monday, July 19, 1993, at the Livonia City Hall, 33000 Civic
Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS
FOLLOWS
1 That the City Council, on the basis of the information
received from the applicant, Oxbow Machine Products, Inc. ,
finds and determines: (a) that the granting of this
lb. industrial facilities exemption certificate shall not have
the effect of substantially impeding the operation of the
local governmental unit or impairing the financial soundness
27806
of any taxing unit which levies an ad valorem property tax
in the local governmental unit in which the facility is to
be located; and (b) the applicant has fully complied with
the requirements of Section 9, Act No. 198, P.A. 1974 (or
Act 255 of P.A. 1978), as amended.
2. That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Oxbow
Machine Products, Inc , covering new industrial facilities
to be located within the City of Livonia Industrial
Development District No. 43, for 12 years.
AYES: Feenstra, McGee, Jurcisin, and Taylor.
NAYS Kavanagh, Ochala, and Toy
The President declared the resolution adopted
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#677-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 27, 1993, which sets
forth its resolution 5-111-93, adopted on May 18, 1993, with
regard to a Sign Permit Application submitted by Metro-Detroit
140 Sign Company, in behalf of Boston Chicken, requesting approval
for two wall signs for the building located at 37104 Six Mile
Road in Section 8, and the Council having conducted a public
hearing with regard to this matter on July 19, 1993, pursuant to
Council Resolution 441-93, the Council does hereby concur with
the Planning Commission, and the Sign Permit Application for the
westerly sign, identified as Elevation A on the Sign Plan, is
hereby approved and the request for the southeasterly sign,
identified as Elevation B on the Sign Plan, is hereby denied, the
action herein being made subject to the following condition:
1) That the sign identified as Elevation A on Sheet 1 of the
Sign Plan dated 2/16/93, by Chandler Signs, is hereby
approved and shall be adhered to;
and the reasons for denial are as follows:
1) That the proposed signage is not consistent with the
established character of the signage currently provided for
stores in the subject shopping center;
2) That the conspicuous location of the subject building does
not require the proposed additional signage for proper
advertisement; and
trig 3) That the proposed signage is contrary to the aesthetic
characteristics envisioned for buildings located within the
vicinity of the Six Mile Road and Newburgh Road
intersection.
27807
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was:
#678-93 RESOLVED, that having considered a communication dated
July 13, 1993, from the Department of Law transmitting for
Council acceptance two Grants of Easement, more particularly
described as:
1. Grant of Easement dated July 7, 1993, executed by Anthony
Catner, President, and James Faydenko, Vice President,
Catner Home Improvement, Inc. , a Michigan Corporation, to
the City of Livonia, for:
The East 12 feet of the following parcel of land
The South 75 feet of the North 90 feet of the West 100 feet
of Lot 84, "Garden Farms Subdivision," as recorded in Liber
40, Page 56, Wayne County Records, said subdivision being a
part of the East 1/2 of the N E. 1/4 of Section 12, T 1 S. ,
R. 9 E , Livonia Township (now City of Livonia), Wayne
County, Michigan.
(Tax Parcel #045-01-0084-005)
2 Grant of Easement dated July 7, 1993, executed by Jeffrey A
Clemens and Cathleen M Clemens, his wife, to the City of
i100 Livonia, for
South 12 feet of the following
East 12 feet of the
parcel of land:
The North 15 feet of the West 100 feet of Lot 84; also the
South 60 feet of the West 100 feet of Lot 85, "Garden Farms
Subdivision," as recorded in Liber 40, Page 56, Wayne County
Records, said subdivision being a part of the East 1/2 of
the N E 1/4 of Section 12, T 1 S , R 9E , Livonia
Township (now City of Livonia), Wayne County, Michigan
(Tax Parcel #045-01-0084-006)
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 Ochala, seconded by Jurcisin, and unanimously
adopted, it was:
#679-93 RESOLVED, that having considered a communication dated
two July 19, 1993, from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly
described as
27808
Grant of Easement dated July 9, 1993, executed by Victor A
iftr Diachenko and Zina Diachenko, his wife, to the City of
Livonia, for:
The South eight (8) feet of the North sixteen (16) feet of
the East 150 feet of Lot 33, Thomas F. O'Connor's Park View
Acres Subdivision as recorded in Liber 69, Page 24, Wayne
County Records, said subdivision being a part of the S.E.
1/4 of Section 12, T. 1 S. , R 9 E. , City of Livonia, Wayne
County, Michigan
Parcel No 048-01-0033-000
the Council does hereby, for and in 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 Ochala, seconded by McGee, and unanimously
adopted, it was:
#680-93 RESOLVED, that having considered a communication dated
August 2, 1993, from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly
described as
100
Grant of Easement dated July 14, 1993, executed by Janet
Jonna Lekas, Executive Vice President of Jonna Realty
Enterprises, Inc. , Partner, Pentagon Properties Ltd.
Partnership, to the City of Livonia, for:
Sanitary Sewer Easement
A 12 foot wide easement for sanitary sewer described along
its centerline as part of the S W 1/4 of Section 6, T 1
S. , R 9 E , City of Livonia, Wayne County, Michigan, being
more particularly described as: Commencing at the S.W.
corner of said Section 6; thence S. 88°14'49" East, 737.43
feet along the South line of said Section 6; thence N.
01°51'00" East, 147 60 feet to the point of beginning;
thence N. 01°51'00" East, 234.00 feet; thence S. 88°09'00"
East, 126 00 feet to the point of ending.
Sidwell No 023-99-0001-006
the Council does hereby, for and in 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
k
On a motion by Ochala, seconded by McGee, and unanimously
two
adopted, it was
27809
#681-93 RESOLVED, that having considered a communication dated
August 2, 1993, from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly
described as:
Grant of Easement dated March 27, 1992, executed by Rosemary
Grunn, survivor of herself and Howard W Grunn, her deceased
husband, whose death certificate is attached, to the City of
Livonia, for:
A 20 foot storm sewer easement whose centerline is described
as follows:
Part of the N.W 1/4 of Section 13, T 1 S , R 9 E , City
of Livonia, Wayne County, Michigan, described as beginning
at a point distant South 89 degrees 27 minutes 00 seconds
West along the North line of Section 13, 790 00 feet and
South 00 degrees 32 minutes 20 seconds East 798.14 feet from
the North 1/4 corner of Section 13, T. 1 S , R 9 E. , City
of Livonia, Wayne County, Michigan and proceeding thence
South 89 degrees 27 minutes 00 seconds West 240 00 feet more
or less of the centerline of the Tarabusi Drain, also being
the point of ending
Sidwell No 050-99-0040-000
the Council does hereby, for and in 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 Toy, seconded by Feenstra, and unanimously
adopted, it was:
#682-93 RESOLVED, that having considered a communication dated
August 3, 1993, from the Department of Law transmitting for
Council acceptance a Quit Claim Deed, more particularly described
as
Quit Claim Deed dated May 7, 1993, executed by Angelo
D'Orazio and Pierina D'Orazio, his wife, for the following
property described as:
Land in the City of Livonia, Wayne County, Michigan,
described as
The South 60 feet of the following parcel of land
Part of the N.E 1/4 of Section 8, T 1 S , R. 9 E. , City of
Livonia, Wayne County, Michigan, described as beginning
tior south 00°16'30" East, 1,659' ; and South 89°44' 10" West,
26.00 feet from the N E corner of Section 8; thence South
00°16'30" East, 200 00' ; thence South 89°44' 10" West,
27810
374.00' ; thence North 00°16'30" West, 200.00' ; thence North
89°44' 10" East, 374 00' to the point of beginning
lbw (Pickford Court right-of-way - 029-99-0006-007)
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 fulfill the purpose of this resolution;
AND BE IT FURTHER RESOLVED, that said Pickford Court is an
improved public street and is open for public street purposes;
and FURTHER, that said street is accepted into the City's Local
Street System
On as motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
#683-93 RESOLVED, that having considered a communication from
the Director of Community Resources, dated July 9, 1993, approved
by the Department of Finance and approved for submission by the
Mayor, the Council does, for and on behalf of the City of
Livonia, accept a cash donation from Waste Management
Corporation, Mideast Region Office, 17250 Newburgh Road, Livonia,
Michigan 48152-0000, the same to be credited and appropriated to
Account 702-000-285-215, for use in the Livonia Youth Assistance
program.
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
#684-93 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of several items that do not appear on
the agenda.
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was
#685-93 RESOLVED, that having considered a communication from
the General Manager of MetroVision of Livonia, Inc , dated August
11, 1993, which requests an opportunity to update the Council on
the status of the Cable Act and the effect of rate regulation
which is authorized to commence on September 1, 1993, the Council
does hereby refer this item to the Committee of the Whole for its
report and recommendation
On a motion by McGee, seconded by Toy, and unanimously adopted,
tirtit was:
27811
#686-93 WHEREAS, Senate Bill No 162 would amend Public Act No.
207, PA of 1921, as amended, which is the enabling legislation
iir for local zoning districts and regulations; and
WHEREAS, Senate Bill No 162 would provide that a licensed or
registered "Family Day Care Home" shall be considered a
residential use of property for zoning purposes and shall be
permitted in all residential zones, including those zoned
for single family dwellings, and could not be subject to
special use or conditional use permit requirements; and
WHEREAS, zoning authority is properly vested at the local
government level with the individuals and their elected
representatives most affected by the results of zoning and
land use on a day-to-day basis, and Senate Bill No. 162 is
yet another attempt by the state legislature to circumvent
local zoning authority; and
WHEREAS, the City of Livonia has been adversely affected by prior
intrusions into local zoning authority such as through the
placement of adult foster care small group homes in single family
residential zoning districts;
NOW, THEREFORE, BE IT RESOLVED, that Mayor Bennett and the
Livonia City Council oppose passage of Senate Bill No. 162 as
representative of yet another intrusion into the local zoning
authority by permitting a business-type activity in a single
110 family zoning district with the resulting impact on the integrity
and quality of life on the residential community; and
BE IT FURTHER RESOLVED, that Mayor Bennett and the Livonia City
Council urge the Michigan Municipal League, Governor Engler,
State Senator Robert Geake and State Representative Lyn Bankes to
oppose passage of Senate Bill No 162
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was:
#687-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 28, 1993, which sets
forth its resolution 5-95-93, adopted on May 18, 1993, with
regard to Petition 93-4-1-5, submitted by the Disabled
American Veterans for a change of zoning on property located
on the north side of Seven Mile Road, between Lathers Avenue
and Angling Road, from C-1 and P to RC, and the Council
having conducted a public hearing with regard to this matter
on August 11, 1993, pursuant to Council Resolution 500-93,
the Council does hereby concur in the recommendation of the
Planning Commission and the said Petition 93-4-1-5 is hereby
approved and granted; and the City Planner is hereby instructed
to cause the necessary map for publication to be prepared
kilow 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
27812
On a motion by Feenstra, seconded by McGee, and unanimously
lor adopted, it was:
#688-93 RESOLVED, that in accordance with Section 23.019(a),
the City Planning Commission is hereby requested to conduct a
public hearing and thereafter submit its report and
recommendation on the question of whether certain property
located on the north side of Seven Mile Road between Lathers and
Angling, Tax Parcel CC1, should be rezoned from OS and P to R-C.
No one wished to speak during the audience communication portion
at the end of the meeting.
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, this 1,254th Regular Meeting of the Council of the City of Livonia
was adjourned at 10:08 p m , August 16, 1993
,9'"i �J/�2 Z
Jo McCotter, City Clerk