HomeMy WebLinkAboutCOUNCIL MINUTES 1993-12-20 28009
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SIXTY-THIRD
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On December 20, 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 8:03 p.m. Councilmember Feenstra
delivered the invocation.
Roll was called with the following result: Fernon P. Feenstra,
Michael P McGee, Sean P. Kavanagh, Ron Ochala, Dale A. Jurcisin, and
Gerald Taylor Absent: Laura M. Toy
Elected and appointed officials present Robert D Bennett,
Mayor; Raul Galindo, City Engineer, John Nagy, City Planner; Harry
Tatigian, City Attorney; Joan McCotter, City Clerk; Ann W. Tavolacci,
Deputy City Clerk; Karen A Szymula, Director of Legislative Affairs; James
Andres, Chief Accountant; Ronald Reinke, Superintendent of Parks and
Recreation; James Inglis, Director of Housing; Thomas Yates, Sergeant,
Police Department; Elizabeth Todd, Deputy Treasurer; Robert J. Beckley,
Director of Public Works; Edith Davis, Personnel Director; Dorothy Wilshaw,
Arts Commission; and Laura Callow, Human Relations Commission.
On a motion by McGee, seconded by Feenstra, and unanimously*
adopted, it was
#980-93 RESOLVED, that the minutes of the 1,262nd Regular
Meeting of the Council of the City of Livonia, held December 8,
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
No one wished to speak during the audience communication portion
at the beginning of the meeting.
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At the direction of the Chair, Item #2 was removed from the
Consent portion of the Agenda
On a motion by Feenstra, seconded by Kavanagh, it was:
A communication from the Assistant Superintendent of School
Business Affairs of the Clarenceville School District, dated November 16,
1993, re agreement for the collection of taxes between the Clarenceville
Board of Education and the City of Livonia on all taxable property of that
portion of the school district in the City of Livonia, including debt
services and building and site was received and placed on file for the
information of the Council
A communication from the Director of Inspection, dated December
1, 1993, re vehicle parking situation (red Chevy Suburban with trailer
hitch) at 33305 W Seven Mile Road was received and placed on file for the
information of the Council (CR 910-93)
#981-93 RESOLVED, that having considered a report and
recommendation from the Chief of Police, dated November 29, 1993,
which bears the signature of the Finance Department and is
approved for submission by the Mayor, with regard to the use of
the Police Training Facility (weapons range) located at the
City's reclamation land disposal site in Section 27 by the
Michigan State Police, F B I , and local police agencies for
range training purposes, the Council does hereby determine to
authorize the use of the said facility in the manner indicated at
a rental rate of $200 00 per eight (8) hours use per agency, and
that such fees collected shall be deposited in the City's General
Fund; and to the extent necessary to be consistent herewith,
Council Resolutions 372-81 and 451-90 are hereby amended and/or
repealed
#982-93 RESOLVED, that having considered a report and
recommendation from the Chief of Police, dated December 1, 1993,
which bears the signature of the Finance Department and is
approved for submission by the Mayor, the Council does hereby
authorize the execution of a 48-month operating lease between the
City of Livonia and American Photocopy, 1211 Trumbull, Detroit,
Michigan 48216, wherein the latter would. provide for use by the
Records Division of the Division of Police a Sharp copier, Model
SD-2060 for a monthly rental charge of $812 00, and funding for
which is presently provided in Account 101-304-904-000; FURTHER,
the Council does hereby authorize the said item without
competitive bidding in accordance with Section 3.04.140D5 of the
Livonia Code of Ordinances, as amended
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isa #983-93 RESOLVED, that having considered a report and
recommendation of the Superintendent of Parks and Recreation,
dated November 17, 1993, approved for submission by the Mayor,
and which transmits the Parks and Recreation Commission
Resolution 2244-93 wherein a rate increase of $1.00 per game
is recommended for the categories noted as well as a policy
change in that certain youth athletic leagues will pay the
officials at the site, the Council does hereby concur in and
approve of such action
#984-93 RESOLVED, that having considered a report and
recommendation from the Superintendent of Parks and Recreation,
dated November 17, 1993, approved for submission by the Mayor,
which sets forth Parks and Recreation Commission Resolution
2240-93, wherein it is recommended that the Council accept
the attached Master Recreation and Parks Plan prepared by
the Parks and Recreation Department and the Planning
Department, the Council does hereby accept and approve of the
said plan in the manner and form herein submitted.
#985-93 WHEREAS, the City of Livonia is proposing the
construction of a project to separate combined sewers and reduce
sources of storm inflow to the sanitary sewer system;
WHEREAS, the City of Livonia is preparing an Application for
Assistance from the Michigan Water Pollution Control Revolving
Loan Fund for the design and construction of the proposed
project;
NOW, THEREFORE, BE IT RESOLVED, that the Director of Public
Works, a position currently held by Robert J Beckley, is
designated as the authorized representative for all activities
associated with the project referenced above
#986-93 RESOLVED, that having considered a report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated December 2, 1993, approved by the
Finance Department and approved for submission by the Mayor, the
Council does hereby accept the unit bid price of Westland Tree
Service, 41307 Five Mile Road, Plymouth, Michigan 48170, for
completing all work required in connection with the City's 1994
Tree and Stump Removal Program for a total price of not to exceed
$14,975 00, the same having been in fact the lowest bid received
for this item and meets all specifications; and the Director of
Public Works 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
contract.
#987-93 RESOLVED, that having considered the report and
recommendation of the Finance Department, received by the office
of the City Clerk on December 7, 1993, which bears the signature
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of the Mayor, and to which is attached a communication from the
Executive Director of the Community Commission on Drug Abuse
(CCODA), dated December 3, 1993, requesting annual funding for
the CCODA, the Council does hereby authorize the appropriation of
the sum of $24,000 00 from Account 101-279-956-000, to be paid
and transferred to the CCODA in support of professional services
provided by CCODA for the fiscal year ending November 30, 1994.
A communication from the Livonia Housing Commission, dated
December 2, 1993, re: acquisition and rehabilitation of fifteen (15)
scattered site single family homes was received and placed on file for the
information of the Council
#988-93 RESOLVED, that having considered a communication from
the Assistant Planning Director and Executive Director of the
Housing Commission dated December 2, 1993, approved for
submission by the Mayor, which sets forth recommended amendments
to the 1993-94 Community Development Block Grant (CDBG) program
by adding two new activities and deleting a third activity, the
Council does hereby concur in the recommendation and approves the
amended CDBG budget and amended Final Statement of Objectives and
Projected Use of Funds for the 1993-94 program year beginning
August 1, 1993 and ending July 31, 1994
#989-93 RESOLVED, that having a considered a communication from
the City Planning Commission, dated December 7, 1993, which
transmits its Resolution 11-219-93, adopted on November 30, 1993,
with regard to Petition 93-10-3-4, submitted by Craig and Lynne
O'Neil, requesting the vacating of a portion of an easement on
Lot 337 of Country Homes Estates Subdivision No 2, north of
Myrna Avenue between Newburgh and Levan Roads in the Southwest
1/4 of Section 17, the Council does hereby concur in the
recommendation of the City Planning Commission and does grant and
approve the said Petition 93-10-3-4; and the Department of Law is
hereby requested to prepare the necessary vacating ordinance in
accordance with this resolution
#990-93 RESOLVED, that the Council does hereby request that the
City Planning Commission consider the question of vacating a
certain easement on Lot 337 of Country Homes Estates Subdivision
No. 2, north of Myrna Avenue between Newburgh and Levan Roads in
the Southwest 1/4 of Section 17, and thereafter submit its report
and recommendation
#991-93 WHEREAS, the City of Livonia finds that there is an
urgent necessity for Merriman Road between Plymouth and
Schoolcraft to be widened and improved by a grade separation at
the CSX Railroad (formerly C & 0 Railroad), in Section 26 in the
City of Livonia, Wayne County, Michigan; and
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WHEREAS, the Council finds that it is necessary to widen and
alter Merriman 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 Merriman Road; and
WHEREAS, the City Engineer has recommended that Merriman Road
between Plymouth and Schoolcraft be widened and altered so as to
provide a grade separation between the roadway and railroad
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, Merriman Road between Plymouth and Schoolcraft is a
county road under the jurisdiction and control of the County of
Wayne, Michigan; and
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, the grade separation and widening of Merriman Road
between Plymouth and Schoolcraft 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, as amended June 12, 1973;
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 grade separation between the roadway and
railroad right-of-way and widening, paving, altering and
improvement of Merriman 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 owners; and
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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 therefore for such
improvement, the said properties necessary for the required
rights-of-way and the just compensation for same being as
follows:
(1) That part of the S E. 1/4 of Section 26, T 1 S , R. 9 E. ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point distant South 00° 45' 20" West, 49.5
feet and South 88° 49' 40" East, 60 feet from the West 1/4
corner of said Section 26; and proceeding thence South 88°
49' 40" East, 78 feet along the South line of the Chesapeake
& Ohio Railroad right-of-way (also known as the C S X.
Transportation Incorporated property); thence South 02° 46'
44" West, 169 89 feet; thence North 88° 57' 40" West, 72
feet; thence North 00° 45' 20" East, 170 feet to the point
of beginning.
Portion of Wayne County Bureau of Taxation Property Number
103-99-0005-000 (12500 Merriman Road)
Interested Parties Kurtis-Livonia Properties,
a Michigan Co-Partnership
12500 Merriman Road
Livonia, MI 48150
Kurtis Manufacturing &
Distributing Corporation,
a Michigan Corporation
12500 Merriman Road
Livonia, MI 48150
Kurtis Kitchen & Bath Centers, Inc
12500 Merriman Road
Livonia, MI 48150
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 $265,000.00
(2) That part of the S W 1/4 of Section 26, T. 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point distant South 00° 45' 20" West, 219 5
feet and South 88° 57' 40" East, 60- feet from the West 1/4
corner of Section 26; and proceeding thence South 88° 57'
40" East, 72 feet; thence South 06° 23' 14" West, 122 28
feet; thence North 88° 57' 40" West, 60 feet; thence North
00° 45' 20" East, 121 75 feet to the point of beginning.
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Portion of Wayne County Bureau of Taxation Property Number
103-99-0004-000 (12400 Merriman Road)
Interested Parties Martin B. Rothenberg and
Elaine S. Rothenberg
12400 Merriman Road
Livonia, MI 48150
Maro Precision Tool Company
12400 Merriman Road
Livonia, MI 48150
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 $ 33,000.00
(3) That part of the S W 1/4 of Section 26, T. 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point distant South 00° 45' 20" W. , 341 25
ft and South 88° 57' 40" East, 60 ft from the West 1/4
corner of Section 26; and proceeding thence South 88° 57'
40" E , 60 ft ; thence South 07° 48' 24" West, 195 51 ft ;
thence North 88° 57' 40" West, 36 ft. ; thence North 00° 45'
20" East, 194 15 ft to the point of beginning
Portion of Wayne County Bureau of Taxation Property Number
103-99-0003-000 (12360 Merriman Road)
Interested Parties Frank J and Theresa L Kowal
12360 Merriman
Livonia, MI 48150
Accurate Machine Service, Inc
12360 Merriman
Livonia, MI 48150
Security Bank and Trust Company
16333 Trenton Road
Southgate, MI 48195
Michigan National Bank-West Metro
27777 Inkster Road
Farmington Hills, MI
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
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Estimated just compensation $ 54,500 00
(4) That part of the S W. 1/4 of Section 26, T. 1 S. , R. 9 E. ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point distant South 00° 45' 20" West, 535.40
feet and South 88° 57' 40" East, 60 feet from the West 1/4
corner of said Section 26; and proceeding thence South 88°
57' 40" East, 36 feet; thence South 09° 52' 31" East, 168.04
feet; thence North 88° 57' 40" West, 67 feet; thence North
00° 45' 20" East, 165 feet to the point of beginning.
Portion of Wayne County Bureau of Taxation Property Number
103-99-0001-000 (12300 Merriman Road)
Interested Parties S J Investment Company
12300 Merriman
Livonia, MI 48150
DML Food Distributors, Inc
12300 Merriman
Livonia, MI 48150
Tocco Wholesale Food Company
12300 Merriman
Livonia, MI 48150
Colorado Prime Warehousing
12300 Merriman
Livonia, MI 48150
Science Foods, Inc
12300 Merriman
Livonia, MI 48150
Liberty State Bank
9301 Joseph Campau
Hamtramack, MI 48212
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: $ 37,000 00
(5) The East 67 feet of the West 127 feet of that part of the
S W. 1/4 of Section 26, T. 1 S , R 9 E. , City of Livonia,
Wayne County, Michigan, described as beginning at a point on
the West section line distant due South 700.4 feet from the
West 1/4 corner of Section 26; and proceeding thence South
89° 29' East, 660.04 feet; thence South 00° 20' 29" West, 99
feet; thence North 89° 29' West, 659 45 feet; thence due
North 99 feet to the point of beginning
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Portion of Wayne County Bureau of Taxation Property Number
103-99-0006-001 (12240 Merriman Road)
Interested Parties Samuel H Cowen, Trustee of the
Samuel H Cowen Trust
12240 Merriman Road
Livonia, MI 48150
National Discount Center
12240 Merriman Road
Livonia, MI 48150
National Denture Center
12240 Merriman Road
Livonia, MI 48150
David Smith, D.D S
12240 Merriman Road
Livonia, MI 48150
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 $ 53,000.00
(6) That part of the N W 1 4 of Section 26, T 1 S , R 9 E ,
City of Livonia, Wayne County, Michigan, described as
beginning at a point distant North 00° 02' 20" West, 49 5
feet; thence South 88° 25' 30" East, 140 feet and North 05°
06' 45" West, 203 97 feet from the West 1/4 corner of said
Section 26; and proceeding thence North 05° 06' 45" West,
195 feet; thence South 89° 25' 30" East, 63 feet; thence
South 13° 15' 35" West, 198 89 feet to the point of
beginning
Portion of Wayne County Bureau of Taxation Property Number
102-01-0021-001 (31391 Industrial)
Interested Parties: Mr Robert Harris Orley
Mr Gregg L Orley
31391 Industrial Road
Livonia, MI 48150
Franklin Savings and Loan Assoc
26336 Twelve Mile Road
Southfield, MI 48086
Cort Furniture Rental Corporation
Attn Director of Facilities
3015 Williams Drive
Fairfax, VA 22031
28018
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: $156,000 00
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
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
purposes of widening, paving, altering and improving Merriman Road
between Plymouth and Schoolcraft, 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 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 $598,500 00 for
acquisition costs and, FURTHER, the Council does hereby authorize
the expenditure of a sum not to exceed $59,850 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 sum 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
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
#992-93 RESOLVED, that the Council does hereby discharge from
the Capital Improvement Committee for further consideration by
the City Council the subject matter of Council Resolution 847-89,
adopted on September 6, 1989, relating to "City Hall in the Mall"
(Public Access Kiosk Systems)
#993-93 RESOLVED, that having considered a communication from
Councilmember Dale A Jurcisin, dated December 13, 1993, with
regard to a proposal submitted to the City of Livonia by
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International Business Machines (IBM) and Technology Applications
Group, Inc (TAG) , dated December 13, 1993, for the design and
development of a business information access interactive kiosk
system, the Council does hereby authorize the Mayor and City
Clerk for and on behalf of the City of Livonia to enter into a
5-year lease agreement with IBM/TAG for a total of three public
access kiosks and one development system and application
development for a total price of $144,430.00, such agreement to
be made subject to approval as to form by the Department of Law,
and the terms of which are as either cash on completion or annual
payments as follows:
City of Livonia - Quotation for Annual Payments
Annual
Equipment/ Total Payment Interest
Services Price Term Amount Rate
3 Kiosks and 1 $ 35,230 60 mos $ 8,372 58 6 04
Development Center
Application $109,200 60 mos $26,369 55 6.63
Development
TOTALS $144,430 $34,742 13
and the Mayor and City Clerk are hereby authorized for and on
behalf of the City of Livonia to execute a term lease mastez
agreement (if this is deemed necessary), as well as an IBM
proposal for the design and development of a public information
access interactive kiosk; FURTHER, the Council does hereby
appropriate a sum not to exceed $144,430 00 from the Cable
Television Fund for this purpose; and the Council does hereby
authorize this item without competitive bidding in accordance
with Section 3 04 140D5 of the Livonia Code of Ordinances, as
amended; and the Mayor and City Clerk are hereby authorized to do
all things necessary or incidental to the full performance of
this resolution
#994-93 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, February 7, 1994, at
8:00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items:
(1) Petition 93-8-1-12, as amended, submitted by Tri-West
Development Corp. for a change of zoning on property located
on the south side of Five Mile Road between Bainbridge
Avenue and Henry Ruff Road in the Northwest 1/4 of Section
23, from RUFA to R-1A, the City Planning Commission in its
resolution 11-214-93 having recommended to the City Council
that Petition 93-8-1-12, as amended, be approved;
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Ibi (2) Petition 93-10-1-14 submitted by Plymouth Road Development
Co for a change of zoning on property located on the north
side of Plymouth Road, west of Middlebelt Road, in the
Southeast 1/4 of Section 26, from C-1 to C-2, the City
Planning Commission in its resolution 11-215-93 having
recommended to the City Council that Petition 93-10-1-14 be
denied; and
(3) Petition 93-10-1-16 submitted by Ansara Brothers and Peter
Fleming for a change of zoning on property located on the
west side of Newburgh Road, south of Six Mile Road, in the
Northeast 1/4 of Section 18, from OS to C-2, the City
Planning Commission in its resolution 11-216-93 having
recommended to the City Council that Petition 93-10-1-16 be
denied;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature of
the proposed 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.
#995-93 RESOLVED, that the Council having considered a
communication from the City Engineer, dated December 6, 1993, and
approved for submission by the Mayor, submitted pursuant to the
requirements set forth in Section 16.24 310 of the Livonia Code
of Ordinances, as amended, wherein it is required that street
lighting with underground wiring shall be provided in all
subdivisions in conformity with the standards prescribed, and the
City Engineer having ascertained the assessed valuation of all
property affected by the proposed improvement with regard to
Orangelawn Woods Subdivision located in the Northeast 1/4 of
Section 33, T.1S. , R 9E , City of Livonia, Wayne County,
Michigan, and such report having indicated the number of parcels
which show tax delinquencies, the number of parcels owned by
public authorities, the number of parcels which are vacant, and
having prepared and caused to be prepared plans and
specifications therefor and an estimate for the cost thereof, and
to file the same with the City Clerk together with his
recommendation as to what proportion of the cost should be paid
by special assessment and what part, if any, should be a general
obligation of the City, the number of installments in which
assessments may be paid and the lands which should be included in
the proposed special assessment district, and it appearing to the
Council that all of such information, estimate, plans, specifica-
28021
Ile tions and recommendations have been properly filed by the City
Engineer with the City Clerk under date of December 6, 1993, and
that there has been a full compliance with all of the provisions
of Section 3 08 060 of the Livonia Code of Ordinances, as
amended, the Council does hereby set Monday, February 7, 1994, at
8:00 p m. as the date and time for a public hearing on the
necessity for such proposed improvement which public hearing
shall be held before the Council in the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan, pursuant to Section
3.08.070 of said Livonia Code of Ordinances, as amended, and the
City Clerk is hereby authorized to give notice and publication of
such hearing as is required by Section 3 08.070 of said Code
#996-93 RESOLVED, that the Council having considered a
communication from the City Engineer, dated December 3, 1993, and
approved for submission by the Mayor, submitted pursuant to the
requirements set forth in Section 16 24 310 of the Livonia Code
of Ordinances, as amended, wherein it is required that street
lighting with underground wiring shall be provided in all
subdivisions in conformity with the standards prescribed, and the
City Engineer having ascertained the assessed valuation of all
property affected by the proposed improvement with regard to
Willow Creek Subdivision located in the Northwest 1/4 of Section
14, T. 1S. , R 9E , City of Livonia, Wayne County, Michigan, and
such report having indicated the number of parcels which show tax
delinquencies, the number of parcels owned by public authorities,
the number of parcels which are vacant, and having prepared and
caused to be prepared plans and specifications therefor and an
estimate for the cost thereof, and to file the same with the City
Clerk together with his recommendation as to what proportion of
the cost should be paid by special assessment and what part, if
any, should be a general obligation of the City, the number of
installments in which assessments may be paid and the lands which
should be included in the proposed special assessment district,
and it appearing to the Council that all of such information,
estimate, plans, specifications and recommendations have been
properly filed by the City Engineer with the City Clerk under
date of December 3, 1993, and that there has been a full
compliance with all of the provisions of Section 3.08 060 of the
Livonia Code of Ordinances, as amended, the Council does hereby
set Monday, February 7, 1994, at 8 00 p m. as the date and time
for a public hearing on the necessity for such proposed
improvement which public hearing shall be held before the Council
in the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, pursuant to Section 3 08 070 of said Livonia Code of
Ordinances, as amended, and the City Clerk is hereby authorized
to give notice and publication of such hearing as is required by
Section 3 08 070 of said Code.
A roll call vote was taken on the foregoing resolutions with the following
result
AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor.
NAYS: None
28022
Kavanagh took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO (Petition 93-8-1-13)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor.
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 93-8-3-3)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES Feenstra, McGee, Kavanagh, Ochala, Jurcisin, and Taylor.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#997-93 RESOLVED, that having considered a communication from
the City Treasurer, dated December 17, 1993, regarding the
replacement of sidewalks in the City of Livonia on the following
parcels in the following amounts
Parcels of property and assessment, as outlined in the
Treasurer's letter dated December 17, 1993, is included
herein by reference;
28023
lie
which work was done pursuant to Council Resolution 853-93 and in
accordance with the provisions of Section 12.04.340 of the
Livonia Code of Ordinances, Title 12, Chapter 4 and the City
Treasurer having thereafter sent a statement of charges by first
class mail to the owners of property to be assessed wherein
notice of the meeting by the City Council on this date was given
and at least 30 days having expired since the giving of such
notice with such charges remaining unpaid, the Council does
hereby, pursuant to the provisions of Section 3.08.150 of the
Livonia Code of Ordinances, Title 3, Chapter 8, adopt this
resolution wherein a special assessment is placed upon such
property for said charges; FURTHER, the Council does hereby
authorize installment payments in the number of three (3)
installments at 8% interest where assessments exceed $400 and the
property owner has requested such installments; FURTHER, the
Council does hereby request that the City Treasurer shall give
notice of the amounts herein determined to the persons chargeable
therewith, such notice to be sent by first class mail to the last
known address of such persons as shown on the most current
assessment roll of the City, and where payments herein authorized
are not made within the specified time this fact shall be
reported by the City Treasurer to the City Assessor who shall
charge such amount together with a penalty of 10% of such amounts
against the persons or real property chargeable therewith on the
next general tax roll; and the City Clerk and City Treasurer are
hereby requested to do all things necessary or incidental to the
full performance of this resolution
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was:
#998-93 RESOLVED, that having considered a communication from
the City Assessor, dated November 23, 1993, approved for
submission by the Mayor, with regard to a request from Mr.
Gregory D Demopoulos of Helmkamp, Ellis, Abraham & Demopoulos on
behalf of his client, Mr Marcel Cihelka, 15925 Oak, Livonia,
Michigan 48154, and having also considered a letter from Mr
Gregory D Demopoulos, dated December 9, 1993; a letter from
Patricia M Till, 15470 Oak Drive, dated December 6, 1993; a
letter from Arlene J Mahinski, 15450 Oak Drive, dated December
7, 1993; a letter from Mary and Marcel Bihan, 15905 Oak Drive,
dated December 8, 1993; a letter from Mr and Mrs Young, 15506
Oak Drive, received by the office of the City Clerk on December 9,
1993; a letter from Samuel Filippelli, 15946 Oak Drive, dated
December 8, 1993; a letter from Elmer E. Schulz, 15930 Oak Drive,
dated December 7, 1993; and a letter from Vivian Noble, 15579 Oak
Drive, dated December 14, 1993; and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46
of Ordinance 543, as amended, the Council does hereby determine
to deny the request for dividing Tax Item No. 46-052-99-0045-000
into two parcels since the proposed lot split would not be
consistent with good planning and zoning practice, be contrary to
28024
the spirit and purpose of the City of Livonia Zoning Ordinance
543, as well as be in violation of applicable deed restrictions
which prohibit construction of more than one residence on the
subject premises
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was:
#999-93 RESOLVED, that having considered a communication from
the Mayor, dated December 7, 1993, which bears the signature of
the Finance Department, and wherein the following salary and
benefit changes are recommended for appointed salaried Deputy and
Department Head classifications, for the period December 1, 1992
through November 30, 1995, the wage adjustments to be
retroactively applied:
WAGE ADJUSTMENT
*1992-93 4%
*1993-94 2%
1994-95 2%
*NOTE All appointed Department Head position salaries
Ihm shall remain "frozen" at fiscal year 1991-92
levels for the fiscal year 1992-93; therefore, the
4% increase indicated above shall not be applied
to those positions effective December 1, 1992;
however, for fiscal year 1993-94, the salary
adjustment for all appointed Department Head
positions shall be 6 08%, which incorporates the
4% salary adjustment not received during the
"freeze" year in addition to the 2% salary
adjustment due for the 1993-94 fiscal year; no
salary adjustment is recommended for the vacant
position of Director of Finance at this time;
LONGEVITY PAY: (Effective 12/1/92)
5 - 7 years $ 260.00
7 - 14 years $ 650 00
14 - 21 years $1,300.00
21 or over $1,950.00
DENTAL:
1992-93 $ 425.00
1993-94 $ 450.00
1994-95 $ 475 00
HOSPITALIZATION-MEDICAL COVERAGE:
Health Insurance remains as is except effective December 1,
1993, the drug co-pay shall be $5.00; for employees hired on
or after December 1, 1994, said employees shall contribute
28025
lbw the following toward health care: Family Plan, $40 00 per
month; Two-Persons, $35 00 per month; Single Subscriber,
$30 00 per month. Effective December 1, 1994, new employees
will have the choice of only one HMO to be selected by the
City;
the Council does hereby concur in and approve of the aforesaid
action in the manner and form herein submitted
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#1000-93 RESOLVED, that having considered a communication from
the Personnel Director, dated December 7, 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 Civil Service Commission on December 16, 1993, and which
recommends certain salary and fringe benefit adjustments for
Administrative, Professional, Exempt and Confidential
classifications, for the period December 1, 1992 through November
30, 1995, which are as follows
WAGE ADJUSTMENT
-x1992-93 4%
*1993-94 2%
1994-95 2%
*NOTE: All Department Head position salaries shall remain
"frozen" at fiscal year 1991-92 levels for the
fiscal year 1992-93; therefore, the 4% increase
indicated above shall not be applied to those
positions effective December 1, 1992; however, for
fiscal year 1993-94, the salary adjustment for all
Department Head positions shall be 6 08%, which
incorporates the 4% salary adjustment not received
during the "freeze" year in addition to the 2%
salary adjustment due for the 1993-94 fiscal year;
LONGEVITY PAY (Effective 12/1/92)
5 - 7 years $ 260 00
7 - 14 years $ 650.00
14 - 21 years $1,300.00
21 or over $1,950 00
DENTAL
imp 1992-93 $ 425 00
1993-94 $ 450 00
1994-95 $ 475 00
28026
HOSPITALIZATION-MEDICAL COVERAGE:
Health Insurance remains as is except effective December 1,
1993, the drug co-pay shall be $5 00; for employees hired on
or after December 1, 1994, said employees shall contribute
the following toward health care: Family Plan, $40.00 per
month; Two-Persons, $35 00 per month; Single Subscriber,
$30 00 per month Effective December 1, 1994, new employees
will have the choice of only one HMO to be selected by the
City;
the Council does hereby concur in and approve of the aforesaid
action in the manner and form herein submitted.
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was:
#1001-93 RESOLVED, that the Council does hereby refer to the
Finance and Insurance Committee for its report and recommendation
the issue of requiring newly hired employees to contribute toward
the cost of providing hospitalization-medical coverage with
respect to future employee contracts
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#1002-93 RESOLVED, that having considered a communication from
the City Clerk, dated December 7, 1993, wherein she indicated
that she has reappointed Ann Tavolacci, 18415 University Park,
Livonia, Michigan 48152, as Deputy City Clerk, for the period
through December 31, 1995, the Council does hereby confirm the
said appointment in accordance with Chapter V, Section 9 of the
Charter of the City of Livonia at the following annual salary:
Fiscal Year 1992-1993 - $39,062.40 per annum;
(Retroactive)
Fiscal Year 1993-1994 - $39,852.80 per annum; and
Fiscal Year 1994-1995 - $40,643 20 per annum;
with the same benefits extended to other full-time classified
employees under the Local 192 agreement
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was
28027
#1003-93 RESOLVED, that having considered a communication from
the City Treasurer, dated December 7, 1993, wherein he indicated
that he has reappointed Elizabeth Todd, 32639 Five Mile Road,
Livonia, Michigan 48154, as Deputy City Treasurer, for the period
through December 31, 1995, the Council does hereby confirm the
said appointment in accordance with Chapter V, Section 9 of the
Charter of the City of Livonia at the following annual salary:
Fiscal Year 1992-1993 - $39,062.40 per annum;
(Retroactive)
Fiscal Year 1993-1994 - $39,852.80 per annum; and
Fiscal Year 1994-1995 - $40,643.20 per annum;
with the same benefits extended to other full-time classified
employees under the Local 192 agreement
On a motion by McGee, seconded by Ochala, it was
RESOLVED, that having considered a report and
recommendation of the Superintendent of Parks and Recreation,
dated November 23, 1993, approved for submission by the Finance
Department and the Mayor, an which transmits Parks and Recreation
Commission Resolution 2243-93, adopted on November 1, 1993,
wherein the following increase in greens fees and changes to
policy are recommended:
1 FEES
CURRENT PROPOSED
RESIDENT
Mon-Fri 9 holes $ 7 50 $ 8 50
Mon-Fri 18 holes 12 00 13 00
Sat/Sun/Hol 9 holes 8 50 9.50
Sat/Sun/Hol 18 holes 13 00 14 00
Twilight 4 00 5.00
Senior 9 holes $ 3 50 $ 4.50
18 holes 7 00 8.00
Junior 9 holes 3 50 4.50
18 holes 7.00 8 00
NON-RESIDENT
Mon-Fri 9 holes $11 .50 $12.50
Mon-Fri 18 holes 18.00 19 00
Sat/Sun/Hol 9 holes 14.50 15.50
Sat/Sun/Hol 18 holes 19.00 20 00
Twilight 6.00 7.00
RESERVATION
Weekends $ .50/golfer No change
Weekdays $ 50/golfer No change
28028
LEAGUE RATE $10 50/golfer $11 50
WINTER RATE $ 5.00/golfer $ 6.00
December 1 - March 31
Seniors at regular price
2. PROPOSED OUTING FEES AND POLICY
NEW FEES 9 HOLES 18 HOLES
OUTING RATE
Monday-Friday* $11 00 $16 50
Saturday-Sunday* 13.00 17.50
NO OUTINGS ON HOLIDAYS
*Includes reservation fee for guaranteed starting time
NEW--OUTING POLICY
a Shotgun starts permitted prior to 8:00 a m only
Monday-Friday
b Memorial Day to Labor Day, no outings prior to
1 00 p.m. on Saturday and Sunday
c Minimum number for outing is 24 players
d Minimum deposit of $200 00 required to book an
outing.
3. CHANGES TO POLICY REGARDING SENIORS AND JUNIORS
SENIOR TIMES
April 1 thru September 30
Monday-Friday Idyl Wyld 7 00 a.m till 2 00 p.m
Mon, Tues & Thurs Whispering Willows 7 00 a m till 12:30 p m
Tuesday & Thursday Fox Creek 7:00 a m till 12 30 p m
After September 30
Monday-Friday Idyl Wyld 7 00 a m. till 3:00 p m.
Monday-Friday Whispering Willows 7 00 a m till 12 30 p.m
Monday-Friday Fox Creek 7:00 a m. till 12:30 p.m.
JUNIOR TIMES
Monday & Thursday Idyl Wyld 7 00 a.m. till 2 00 p.m.
Tuesday Whispering Willows 7:00 a m till 11:30 a.m
Friday Fox Creek 7:00 a.m. till 11:30 a m.
From Friday of week school is out until the Friday prior to the
start of school -- ages 10-17; resident of Livonia with school
identification, bus pass or report card;
the Council does hereby concur in and approve of the aforesaid
action in the form and manner submitted
lbw On a motion by Feenstra, seconded by Kavanagh, it was
28029
RESOLVED, that the Council does hereby determine, in
lieu of the foregoing resolution, to substitute a motion to
reduce the greens fees for Seniors and Juniors by $ 50 and to
increase the greens fees for Non-residents by $.50
A roll call vote was taken on the motion to substitute as follows:
AYES: Feenstra, Kavanagh, Jurcisin, and Taylor
NAYS: McGee and Ochala
The President declared the resolution to substitute adopted.
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#1004-93 RESOLVED, that having considered a report and
recommendation of the Superintendent of Parks and Recreation,
dated November 23, 1993, approved for submission by the Finance
Department and the Mayor, and which transmits Parks and
Recreation Commission Resolution 2243-93, adopted on November 1,
1993, wherein the following increase in greens fees and changes
to policy are recommended
1 FEES
CURRENT PROPOSED
RESIDENT
Mon-Fri 9 holes $ 7 50 $ 8 50
Mon-Fri 18 holes 12.00 13.00
Sat/Sun/Hol 9 holes 8 50 9 50
Sat/Sun/Hol 18 holes 13 00 14 00
Twilight 4 00 5.00
Senior 9 holes $ 3 50 $ 4 50
18 holes 7 00 8 00
Junior 9 holes 3 50 4 50
18 holes 7 00 8 00
NON-RESIDENT
Mon-Fri 9 holes $11 50 $12.50
Mon-Fri 18 holes 18.00 19.00
Sat/Sun/Hol 9 holes 14.50 15.50
Sat/Sun/Hol 18 holes 19 00 20 00
Twilight 6 00 7.00
RESERVATION
Weekends $ .50/golfer No change
Weekdays $ 50/golfer No change
LEAGUE RATE $10 50/golfer $11.50
WINTER RATE $ 5 00/golfer $ 6 00
December 1 - March 31
Seniors at regular price
28030
Lir 2 PROPOSED OUTING FEES AND POLICY
NEW FEES 9 HOLES 18 HOLES
OUTING RATE
Monday-Friday* $11 00 $16.50
Saturday-Sunday* 13 00 17.50
NO OUTINGS ON HOLIDAYS
*Includes reservation fee for guaranteed starting time
NEW--OUTING POLICY
a. Shotgun starts permitted prior to 8:00 a m only
Monday-Friday
b Memorial Day to Labor Day, no outings prior to
1:00 p m. on Saturday and Sunday
c Minimum number for outing is 24 players
d Minimum deposit of $200 00 required to book an
outing.
3 CHANGES TO POLICY REGARDING SENIORS AND JUNIORS
SENIOR TIMES
April 1 thru September 30
Monday-Friday Idyl Wyld 7 00 a m till 2:00 p.m
Lis Mon, Tues & Thurs Whispering Willows 7 00 a m. till 12:30 p m.
Tuesday & Thursday Fox Creek 7 00 a m till 12 30 p m.
After September 30
Monday-Friday Idyl Wyld 7:00 a m till 3 00 p m
Monday-Friday Whispering Willows 7 00 a m till 12 30 p m
Monday-Friday Fox Creek 7 00 a m till 12:30 p m.
JUNIOR TIMES
Monday & Thursday Idyl Wyld 7 00 a.m till 2 00 p.m
Tuesday Whispering Willows 7 00 a m till 11 30 a.m
Friday Fox Creek 7 00 a m till 11 30 a m
From Friday of week school is out until the Friday prior to the
start of school -- ages 10-17; resident of Livonia with school
identification, bus pass or report card;
the Council does hereby determine to concur and approve of the
foregoing action with the exception, however, that the fees for
Seniors and Juniors shall be as follows:
CURRENT PROPOSED
Senior 9 holes $ 3 50 $ 4 00
18 holes 7 00 7.50
Junior 9 holes 3.50 4 00
18 holes 7 00 7 50
28031
and the rates with respect to Non-residents shall be as follows:
IL. NON-RESIDENT
Mon-Fri 9 holes $11 50 $13 00
Mon-Fri 18 holes 18 00 19 50
Sat/Sun/Hol 9 holes 14 50 16 00
Sat/Sun/Hol 18 holes 19.00 20.50
Twilight 6.00 7.50
A communication from the Director of Inspection, dated December
16, 1993, re: the condition and maintenance of the Buckingham Shopping
Center located on the north side of Schoolcraft Road east of Inkster Road
was received and placed on file for the information of the Council.
(Petition 93-10-2-26)
On a motion by Jurcisin, seconded by Ochala, it was:
#1005-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 6, 1993, which
transmits its resolution 11-218-93, adopted on November 30, 1993,
with regard to Petition 93-10-2-26, submitted by Donald J and
Terri D Mattarella requesting waiver use approval to operate a
limited service restaurant in an existing building located on the
north side of Schoolcraft Road between Inkster Road and Cardwell
Avenue in the Southeast 1/4 of Section 24, which property is
zoned C-2, and having also considered a letter from Canvasser
Companies, dated December 9, 1993, the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 93-10-2-26 is hereby approved and granted subject to the
following conditions:
1 That there shall be a limitation in the number of customer
seats of no more than 30 seats; and
2. That a garbage disposal shall be incorporated in this
proposed facility.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McGee, Kavanagh, Ochala, Jurcisin, and Taylor.
NAYS: Feenstra
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
28032
#1006-93 RESOLVED, that having considered a communication from
the City Clerk, dated September 29, 1993, which indicates that
Livonia Builders, Inc. , 35189 Vargo, Livonia, Michigan 48152, the
proprietor of Willow Creek Subdivision, located on the south side
of Six Mile Road between Merriman Road and Henry Ruff in the
Northwest 1/4 of Section 14, 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 September
29, 1993, wherein said Commission approves the final plat for the
said subdivision in its resolution 9-178-93, adopted on September
28, 1993; and the Council having considered a report from the
City Engineer, dated September 24, 1993, recommending approval of
the final plat of said subdivision, the final preliminary plat of
which was approved by the Council in its resolution 976-93,
adopted on December 8, 1993, said final preliminary plat having
been recommended for approval by the City Planning Commission on
February 23, 1993 in its resolution 2-48-93; NOW, THEREFORE, the
Council does hereby determine to grant its approval to the final
plat of Willow Creek Subdivision, located in the Northwest 1/4 of
Section 14, 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; and
Council Resolution 836-93, adopted on October 13, 1993, is hereby
rescinded and repealed to the extent necessary to be consistent
with the action taken herein
On a motion by Jurcisin, seconded by Feenstra, it was
#1007-93 WHEREAS, pursuant to Act 198 of the Public Acts of
Michigan of 1974, as amended ("Act 198"), after a duly noticed
public hearing held on November 17, 1993, this Council, by
Resolution adopted on November 22, 1993, established City of
Livonia Industrial Development District No 57
WHEREAS, G P D Inc. ("GPD") has filed an Application for
Industrial Facilities Exemption Certificate under Act 198
("Application") with respect to a proposed new facility, to be
constructed and installed within the District on the parcel of
land described in the Application and attached hereto as Exhibit
A and incorporated by reference herein; and
WHEREAS, before acting on the Application, this Council held a
hearing on December 13, 1993, at 7 30 p m. , at 33000 Civic Center
Drive, Livonia, Michigan, at which the public, GPD, the Assessor
of the City of Livonia and representatives of all taxing units
which levy ad valorem taxes within the City of Livonia were
afforded an opportunity to be heard on the Application after
flow being provided with notice thereof; and
28033
WHEREAS, the state equalized valuation of property proposed to
be exempted pursuant to the Application, considered together with
the aggregate state equalized valuation of property exempt under
certificates previously granted and currently in force under Act
198, will not exceed five (5%) percent of the state equalized
valuation of the City of Livonia
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LIVONIA AS FOLLOWS:
1. This Council finds and determines that the granting of an
Industrial Facilities Exemption Certificate to GPD in
accordance with the Application ("Certificate"), considered
together with the aggregate amount of all certificates
previously granted and currently in force under Act 198,
shall not have the effect of substantially impeding the
operation of the City of Livonia or impairing the financial
soundness of any taxing unit which levies ad valorem taxes
in the City of Livonia
2 This Council finds and determines that the Application
complies with Act 198 and, in particular, the requirements
of Section 9(2) of Act 198 as follows:
(a) GPD's proposed new facility is located within the
District which was duly established in the City of Livonia,
which municipality is eligible under Act 198 to establish
the District, the District having been established upon a
request filed before commencement of the construction of the
new facility
(b) The commencement of such construction occurred not
earlier than six (6) months before the filing of the
Application
(c) The Application relates to a construction program which
when completed will constitute a new facility within the
meaning of Act 198 and which shall be situated in the
District as duly established by the City of Livonia, which
is eligible under Act 198 to establish the District
(d) Completion of GPD's proposed new facility is calculated
to, and will at the time of issuance of the Certificate,
have the reasonable likelihood to create employment, retain
employment, prevent a loss of employment or produce energy
in the City of Livonia.
(e) Completion of GPD's proposed new facility will have the
effect of transferring employment only from the City of
Ferndale, but from no other local governmental units of the
State of Michigan, to the City of Livonia; and the City of
Ferndale has consented to the granting of the Certificate by
resolution consenting to the transfer of employment.
28034
3. The Application by GPD for its proposed new facility to be
constructed and installed on the parcel of land located
within the District and described on the attached Exhibit A
shall be and the same is hereby approved.
4. This Council determines that the Certificate, when issued,
shall be and remain in full force and effect for a period of
twelve (12) years after completion of GPD's proposed new
facility.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra, McGee, Kavanagh, Jurcisin, and Taylor.
NAYS: Ochala.
The President declared the resolution adopted.
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was:
#1008-93 RESOLVED, that having considered a report and
recommendation from the Department of Finance, dated December 7,
1993, which bears the signature of the Chief of Police and is
approved for submission by the Mayor, wherein it is recommended
that new computers be purchased from the Digital Equipment
Corporation (DEC) in order to upgrade the existing computer
system and wherein DEC has proposed a tax exempt lease purchase
to the City in connection with this project, the Council does
hereby determine as follows:
1 To authorize the purchase of computer equipment from DEC, as
listed in Attachment B, in the amount of $178,222.80 for the
use of the Division of Police;
2 To authorize the purchase of an extended five-year warranty
from DEC, as detailed in Attachment A, at a cost of
$295,943.52;
3. To authorize the borrowing of $178,222 80 from First of
America Bank, Ann Arbor, Michigan, for this purchase at an
interest rate of 4 55% for a five-year period with monthly
payments, tax exempt; and
4. To authorize the transfer of approximately $36,593 (11/12 of
$39,919.92 or less depending on the month that payments
start) from Account #101-306-851-010, Police Computer
Maintenance, to Account #101-306-944-000, Police Lease
Purchase Payments, for the Fiscal Year 1994 portion of this
installment purchase;
28035
FURTHER, the Council does hereby authorize the action herein
taken without competitive bidding in accordance with Section
3.04.140D5 of the Livonia Code of Ordinances, as amended.
McGee made the following disclosure respecting a conflict of interest on
this matter:
Mr. President, I would like the record to reflect that this
matter involves my law firm, Miller, Canfield, Paddock and Stone,
and that I therefore will abstain from any consideration of this
agenda item as required by Chapter IV, Section 9, of the Livonia
City Charter and the relevant provisions of State law. I refer
to my letter dated February 24, 1992, to the City Clerk on this
subject and would ask that these remarks be made part of the
official record of this meeting. Thank you.
McGee left the podium at 8:29 p.m.
On a motion by Feenstra, seconded by Kavanagh, it was:
#1009-93 RESOLVED, that having considered a report and
recommendation from the Department of Finance, dated December 7,
1993, which bears the signature of the Chief of Police and is
approved for submission by the Mayor, wherein it is recommended
that new computers be purchased from the Digital Equipment
Corporation (DEC) in order to upgrade the existing computer
system and wherein DEC has proposed a tax exempt lease purchase
to the City in connection with this project, the Council does
hereby authorize the payment of a sum not to exceed $1,500.00 to
Miller, Canfield, Paddock and Stone for legal services rendered
in connection with this project.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra, Kavanagh, Ochala, Jurcisin, and Taylor
NAYS: None
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Kavanagh, it was:
#1010-93 WHEREAS, an Installment Purchase Agreement (the
"Agreement") between the City of Livonia (the "City"), Digital
Equipment Corporation (the "Vendor") and First of America Bank-
Ann Arbor (the "Bank") for the purchase, delivery and
installation of a VAX 4000-100 Dual-Host VMS-SYS, as set forth in
the Vendor's Quotation No 940DDA0128-11 (the "Equipment") has
been prepared; and
WHEREAS, the purchase price of the Equipment is $178,222 80 (the
"Purchase Price"); and
28036
WHEREAS, pursuant to the Agreement, the City will pay the
Purchase Price in sixty (60) monthly installments, commencing on
February 1, 1994, as will be specified in the Agreement (each, a
"Payment Date"), with interest payable thereon at a rate equal to
4 55% per annum; and
WHEREAS, the Agreement is to be assigned to the Bank; and
WHEREAS, it is necessary to approve the Agreement and authorize
the City's Mayor and Clerk to execute the Agreement and/or
certain other documentation relative thereto
NOW, THEREFORE, BE IT RESOLVED THAT
1. The Agreement is hereby approved substantially in the form
on file with the City Clerk The City shall incur the debt
described in the Agreement through execution of the
Agreement by the officers authorized below which debt shall
consist of the Purchase Price of $178,222 80, which Purchase
Price shall be payable in sixty (60) monthly installments
with interest thereon at a rate of 4.55% per annum The
installments of interest shall be payable monthly,
commencing February 1, 1994 and installments of principal
shall be payable monthly commencing February 1, 1994
2 The Mayor and City Clerk are hereby authorized and directed
to execute the Agreement and deliver it to the Vendor,
substantially in the form on file with the City Clerk with
such additions, changes and modifications as shall be
approved by the City' s Bond Counsel
3 The useful life of the Equipment is hereby determined to be
not less than ten (10) years.
4 The Mayor and City Clerk are hereby directed and authorized
to execute such additional documentation as shall be
necessary to effectuate the closing of the Agreement and the
assignment thereof
5 The assignment of the Agreement by the Vendor to the Bank is
hereby approved
6. The City hereby agrees to include in its budget for each
year commencing with the current fiscal year, a sum which
will be sufficient to pay the principal of and interest on
the Agreement coming due before the next fiscal year In
addition, the City hereby pledges to levy ad valorem taxes
on all taxable property in the City each year in an amount
necessary to make its debt service payments under the
Agreement, subject to applicable constitutional, statutory
and charter tax rate limitations
7 The City hereby designates its obligations under the
Agreement as "qualified tax-exempt obligations" for purposes
of deduction of interest expense by financial institutions
28037
8. The City hereby covenants that, to the extent permitted by
law, it shall take all actions within its control necessary
to maintain the exemption of the interest on the obligations
under the Agreement from general federal income taxation (as
opposed to alternative minimum or other indirect taxation)
under the Internal Revenue Code of 1986, as amended,
including but not limited to, actions relating to the rebate
of arbitrage earnings, if applicable, and the expenditure
and investment of proceeds of the Agreement and moneys
deemed to be proceeds
9. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the
same hereby are rescinded.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra, Kavanagh, Ochala, Jurcisin, and Taylor
NAYS: None
The President declared the resolution adopted.
McGee made the following disclosure respecting a conflict of interest on
this matter
Mr President, I would like the record to reflect that the
petitioner here is represented by my law firm, Miller, Canfield,
Paddock and Stone, and that I therefore will abstain from any
consideration of this agenda item as required by Chapter IV,
Section 9, of the Livonia City Charter and the relevant
provisions of State law I refer to my letter dated February 24,
1992, to the City Clerk on this subject and would ask that these
remarks be made part of the official record of this meeting.
Thank you.
On a motion by Ochala, seconded by Jurcisin, it was
#1011-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 6, 1993, which
transmits its resolution 11-217-93, adopted on November 30, 1993,
with regard to Petition 93-10-2-25, submitted by RDS Detroit,
Inc. requesting waiver use approval for an SDD license (packaged
liquor) for a Perry Drug Store located on the south side of Five
Mile Road between Newburgh Road and Blue Skies Avenue in the
Northeast 1/4 of Section 19, which property is zoned C-1, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 93-10-2-25 is hereby approved
and granted subject to the waiving of the requirement for a four
hundred (400) foot separation between the proposed SDD licensed
establishment and a church or school by the Zoning Board of
Appeals.
28038
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, Ochala, Jurcisin, and Taylor.
NAYS: Feenstra.
The President declared the resolution adopted
McGee returned to the podium at 8:31 p.m.
On a motion by Ochala, seconded by Jurcisin, and unanimously
adopted, it was:
#1012-93 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
Kavanagh left the podium at 8 32 p m in order to avoid a perceived
impropriety regarding the next Agenda item.
On a motion by Feenstra, seconded by Jurcisin, it was:
#1013-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1993, and submitted pursuant to Council Resolution 449-93 (as
well as Council Resolution 392-91), in connection with a letter
from Joseph P. Durso, dated April 20, 1991, and submitted in
behalf of William and Alice Kolak, wherein an interest is
indicated in the purchase of certain City-owned property located
east of 36700-20 Seven Mile Road, Livonia, Michigan, the Council
does hereby determine to take no further action
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra, McGee, Ochala, Jurcisin, and Taylor
NAYS: None
The President declared the resolution adopted.
On a motion by Feenstra, seconded by McGee, it was:
#1014-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1993, and submitted pursuant to Council Resolution 828-93, in
connection with the report and recommendation of the Department
of Law, dated September 24, 1993, approved for submission by the
28039
Mayor, in connection with a letter from the President of Rotondo
Brothers, Inc. , dated February 16, 1993, submitted in behalf of
Ray Amin, wherein an interest is expressed in the purchase of
certain City-owned parcels located on the north side of Seven
Mile Road east of Fitzgerald, and which indicates that Joseph
Rotondo and Raymond Amin have offered to purchase the subject
property for $165,000, and which offer was increased to $190,000
by a letter dated October 12, 1993, which is considerably less
than the market value of the property as shown by an expert real
estate appraisal, and having also considered a letter from Joseph
P. Durso dated October 13, 1993, wherein he has offered to
purchase the said property for the total price of $215,200, the
Council does hereby determine to reject and deny the aforesaid
offers to purchase
A roll call vote was taken on the foregoing resolution with the following
result:
AYES Feenstra, McGee, Ochala, Jurcisin, and Taylor.
NAYS None
The President declared the resolution adopted.
On a motion by Feenstra, seconded by Jurcisin, it was:
#1015-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1993, as well as the communication from Joseph Rotondo, President
of Rotondo Bros , Inc. , and Raymond Amin and Bernard Mindell,
dated December 14, 1993, with respect to the sale of property
located on the north side of Seven Mile Road between Fitzgerald
and Levan, wherein an offer to purchase in the amount of $215,200
cash has been submitted, the Council does hereby refer this item
to the Regular Meeting of the Council to be conducted on January
12, 1994 at 8 00 p m.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES Feenstra, McGee, Ochala, Jurcisin, and Taylor.
NAYS: None.
The President declared the resolution adopted.
On a motion by Feenstra, seconded by McGee, it was
#1016-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1993, with respect to certain City-owned property located on the
north side of Seven Mile Road, east of Fitzgerald Avenue, the
(REVISED PAGE - SEE #1017-93)
28040
Council does hereby authorize the Department of Law to employ the
services of an expert real estate appraiser for the purposes of
obtaining an appraisal of the entire Fire Station site including
165' presently located immediately to the east of same for a sum
not to exceed $500.00 (based on R-3 zoning classification); and
the Council does hereby appropriate and authorize the expenditure
of a sum not to exceed $500.00 from the Unexpended Fund Balance
Account for this purpose
A roll call vote was taken on the foregoing resolution with the following
result
AYES: Feenstra, McGee, Ochala, Jurcisin, and Taylor.
NAYS None
The President declared the resolution adopted
On a motion by Ochala, seconded by Feenstra, it was:
#1017-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1993, the Council does hereby request that Mr. Charles W Allen,
Jr , MAI, prepare an amendment to an appraisal previously
submitted to the City dated July 27, 1993, with respect to
certain vacant land located on the north side of Seven Mile Road,
east of Fitzgerald, being Parcel #G2A1 so as to include in said
amended appraisal the fair market value of the 165' of property
located immediately to the east of the aforesaid Parcel #G2A1
(based on R-3 zoning classification); and the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$300.00 from the Unexpended Fund Balance Account for the purposes
of making payment to Mr Allen for services rendered in the
preparation of the amended appraisal.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra, McGee, Ochala, Jurcisin, and Taylor.
NAYS: None
The President declared the resolution adopted.
On a motion by Ochala, seconded by Feenstra, it was
#1018-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
Irm 1993, the Council does hereby request that the City Planning
Commission, pursuant to Section 23 01(a), conduct a public
hearing and thereafter submit a report and recommendation on the
28041
question of whether certain City-owned property located on the
north side of Seven Mile Road, east of Fitzgerald, should be
rezoned from PL to R-3.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra, McGee, Ochala, Jurcisin, and Taylor.
NAYS: None.
The President declared the resolution adopted.
Kavanagh returned to the podium at 8:50 p m.
On a motion by Jurcisin, seconded by McGee, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1993, and submitted pursuant to Council Resolution 693-93, in
connection with the report and recommendation of the Chief of
Police, dated January 15, 1993, approved for submission by the
Mayor, wherein a request is submitted to amend Section 10.90 100
of the Livonia Code of Ordinances, so as to prohibit any persons
Imo from soliciting in roadways, the Council does hereby request that
the Department of Law prepare the requested amendment to Section
10 90.100, effective June 1, 1994, for submission to Council.
On a motion by Feenstra, it was
RESOLVED, that the Council does hereby determine, in
lieu of the foregoing resolution, to substitute a motion to
change the effective date of the requested amendment from June 1,
1994 to January 1, 1995
The motion failed for lack of support
A roll call vote was taken on the originally proposed resolution, as
follows, with the following result:
#1019-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1993, and submitted pursuant to Council Resolution 693-93, in
connection with the report and recommendation of the Chief of
Police, dated January 15, 1993, approved for submission by the
Mayor, wherein a request is submitted to amend Section 10.90. 100
of the Livonia Code of Ordinances, so as to prohibit any persons
Imo from soliciting in roadways, the Council does hereby request that
the Department of Law prepare the requested amendment to Section
10.90.100, effective June 1, 1994, for submission to Council
28042
AYES: McGee, Kavanagh, Ochala, Jurcisin, and Taylor.
NAYS: Feenstra.
The President declared the resolution adopted.
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was
#1020-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1993, and submitted pursuant to Council Resolution 657-93, with
respect to the size of signs which are to be posted in connection
with petitions for lots splits and petitions for rezoning of
property, the Council does hereby request that the Department of
Law prepare ordinance amendments requesting signs which are 4
feet by 4 feet, with the insert to be provided by the City Clerk,
with larger type, for submission to Council to Section 16 32 060d
of the Livonia Code of Ordinances with respect to lot partitions,
and Section 23 05 of Ordinance 543, as amended, the Zoning
Ordinance, with respect to zoning petitions
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was
#1021-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated December 15,
1993, in connection a report and executive summary submitted by
the chairman of the committee composed of Livonia business and
community leaders, dated December 7, 1993, regarding the
establishment of an office for a competitive Livonia, which also
sets forth a funding plan, projected timing, and a proposed job
description for an executive director, the Council does hereby
take this means to indicate its concurrence and support for this
plan and proposal.
No one wished to speak during the audience communication portion
at the end of the meeting.
On a motion by Ochala, seconded by McGee, and unanimously
adopted, this 1,263rd Regular Meeting of the Council of the City of Livonia
was adjourned at 8 57 p m. , December 20, 1993
Imo
(imam,McCotter, City Clerk