HomeMy WebLinkAboutCOUNCIL MINUTES 1993-04-21 27574
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND FORTY-SEVENTH
LirREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On April 21, 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 Jurcisin delivered the
invocation.
Roll was called with the following result: Dale A. Jurcisin,
Fernon P. Feenstra, Michael P. McGee, Sean P. Kavanagh, Ron Ochala, Laura
M. Toy, and Gerald Taylor Absent: None.
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; Karen A. Szymula,
Director of Legislative Affairs; David N. Preston, Finance Director; Robert
L Alanskas, Planning Commission; and William LaPine, Planning Commission.
On a motion by Toy, seconded by McGee, and unanimously* adopted,
it was:
#278-93 RESOLVED, that the minutes of the 1,246th Regular
Meeting of the Council of the City of Livonia, held April 7,
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.
Pursuant to Chapter IV, Legislative Division, Section 24 of the City of
Livonia City Charter, the President of the Council acknowledges receipt of
a Veto from the Mayor, dated April 13, 1993, regarding Ordinance No. 2168
adding Section 3.04.145 to the Livonia Code of Ordinances, as amended,
which was adopted at the Regular Council Meeting of April 7, 1993.
On a motion by Feenstra, seconded by Jurcisin, it was:
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#279-93 RESOLVED, that having considered the Veto by the Mayor,
dated April 13, 1993, of Ordinance No. 2168 adding Section
3.04.145 to the Livonia Code of Ordinances, as amended, adopted
by the Council on April 7, 1993, the Council does hereby re-adopt
said Ordinance No. 2168 adding Section 3.04.145 to the Livonia
Code of Ordinances, as amended, the same as if it were word for
word repeated herein.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jurcisin, Feenstra, Ochala, Toy, and Taylor.
NAYS: McGee and Kavanagh.
The President declared the resolution adopted
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was:
#280-93 RESOLVED, that the Council does hereby request that the
Department of Law prepare an amendment to Section 3.04.145 of the
Livonia Code of Ordinances, which provision established a
Prevailing Wage requirement, which amendment would provide for
inclusion of a three year sunset provision.
During the audience communication portion of the meeting, Ann
Ramroth, 15561 Foch, Livonia, John Strauch, 15501 Ingram, Livonia, and
David Garrett, 19631 Ingram, Livonia, all spoke to the Prevailing Wage
issue.
Councilmember Feenstra congratulated his mother on her 86th
birthday Sunday The Council President commented on a letter received from
Julian Komarynski, Carol Dickson and Sherry Broyles, who were on the 1993
Board of Review, indicating that 1,978 appeals were heard, and conveying
their gratitude to the Assessor and her staff for their efficiency in
making the information available that was needed to help them make fair
decisions, as well as a letter received from Judith L. Nagy thanking
various City individuals for their cooperation during the Board of Review
11, proceedings. Additionally, Councilmember Kavanagh read into the record a
_ _
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proclamation honoring St. Michael School on its 50th anniversary, and
expressing gratitude for the education it has provided to the children of
the community.
On a motion by Ochala, seconded by Kavanagh, it was:
#281-93 RESOLVED, that having considered a communication from
TEI, 34018 Beacon Road, Livonia, Michigan 48150, dated March 29,
1993, requesting the paving of Beacon Road east of Stark Road,
for a distance of approximately 200 feet, and having also
considered a communication from the Mayor, dated April 5, 1993,
in connection therewith, and before determining to improve Beacon
Road east of Stark Road, the cost of which is to be defrayed by
special assessment, the City Engineer is hereby requested to
ascertain the assessed valuation of all property affected by the
proposed improvement, the number of parcels which show tax
delinquencies, the number of parcels owned by public authorities,
the number of parcels which are now vacant, and to prepare and
cause to be prepared, plans and specifications therefor and an
estimate of 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 ma- be paid and the lands which
Lip should be included in the special assessment district, pursuant
to the provisions of Section 3 08 060 of the Livonia Code of
Ordinances, as amended
#282-93 RESOLVED, that having considered a communication from
Sharon Meskill, 29084 Roycroft, Livonia, Michigan 48154, dated
April 1, 1993, to which is attached a petition signed by certain
other residents of Roycroft, wherein is requested that
Roycroft Street between Middlebelt a garden be paved, and
before determining to improve Roycroit between Middlebelt and
Garden, the cost of which is to be defrayed by special
assessment, the City Engineer is hereby requested to ascertain the
assessed valuation of all property affected by the proposed
improvement, the number of parcels which show tax delinquencies,
the number of parcels owned by public authorities, the number of
parcels which are now vacant, and to prepare and cause to be
prepared, plans and specifications therefor and an estimate of
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 special assessment district, pursuant
to the provisions of Section 3 08.060 of the Livonia Code of
I lio Ordinances, as amended.
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#283-93 RESOLVED, that having considered a letter from St.
LAndrew's Episcopal Church, dated March 30, 1993, which requests
permission to place signs announcing an All-Parish Rummage/
Garage Sale to be conducted on Friday and Saturday, May 7 and 8,
1993, which signs are double-sided and are 4' x 5' in size and
which will be located on the northeast corner of Hubbard and Five
Mile Road and the northeast corner of Hubbard and Six Mile Road,
the Council does hereby grant and approve this request in the
manner and form herein submitted.
A communication from the Inspection Department, dated March 23,
1993, re: signs posted for the Laurel Manor Craft Show was received and
placed on file for the information of the Council. (CR 150-93)
#284-93 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated March 24, 1993,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby accept the
bid of Livonia Trophy & Screen Printing, 38065 Ann Arbor Road,
Livonia, Michigan 48150, for D A R.E. crew neck T-shirts as
follows:
1,900 shirts @ $3.28 each $6,232.00
100 XXL shirts @ $4.28 each 428.00
lip $6,660.00
the same having been in fact the lowest bid received which meets
all specifications; and the bids of Images Screen Printing and
All American Sports Center are hereby rejected for the reasons
indicated in the aforesaid communication.
#285-93 RESOLVED, that having consi -red the report and
recommendation of the Chief of Polic. lated March 26, 1993,
regarding a request from Pravin R Pa 1, Harendra R Patel and
Bhadreshkumar J. Patel, stockholders in SHIV, Inc. to transfer
ownership of 1992 B-hotel licensed business (in escrow) with
Dance-Entertainment permit and 140 rooms from Livonia Inns, Inc.
for a business located at 30375 Plymouth Road, -Livonia, Michigan,
Wayne County, the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation.
#286-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the
Superintendent of Public Service, dated March 31, 1993, which is
approved by the Director of Finance is approved for submission by
the Mayor, the Council does hereby authorize the purchase of the
following vehicles at the prices indicated:
(1) Three (3) 1994 Dodge B-150 full-size vans from Van Dyke
Dodge, 28400 Van Dyke Road, P.O. Box 1539, Warren, Michigan
48093, for a total price of $31,062;
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(2) One (1) 1993 3/4 ton F-250 pickup from Varsity Ford, 3480
Jackson Road, P.O. Box 2507, Ann Arbor, MI 48106, for a
total price of $14,100; and
(3) One (1) 1993 Ranger compact pickup from Varsity Ford, 3480
Jackson Road, P.O Box 2507, Ann Arbor, Michigan 48106, for
a total price of $9,171;
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is
based upon the low State of Michigan bid price; and such action
is taken in accordance with the provisions set forth in Section
3.04.140D5 of the Livonia Code of Ordinances, as amended.
#287-93 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the
Superintendent of Public Service, dated March 31 , 1993, which is
approved by the Director of Finance is approved for submission by
the Mayor, with regard to the replacement of motor vehicles
through the State Bid Process, the Council does hereby refer to
the Finance and Insurance Committee for its report and
recommendation the question of "carrying over" budgeted funds
from prior years to be spent in subsequent years.
#288-93 WHEREAS, the Wayne County Department of Public Works is
pursuing low-interest loan fundin: :rider the Michigan State
Revolving Fund (SRF) Loan Program to partially finance the
construction of Combined Sewer Overflow Control facilities for
municipalities of the Rouge Valley Study Area; and
WHEREAS, the Wayne County Department of Public Works, in
cooperation with the local communities, has prepared a Combined
Sewer Overflow Control Plan for the Rouge Valley Study Area as
required by the SRF Loan Program, h includes the City of
Livonia (hereinafter the "Municipal i"); and
WHEREAS, the alternative selected has been determined to be the
most readily implementable, environmentally sound and
cost-effective for the citizens of the Municipality.
NOW, THEREFORE, BE IT RESOLVED by the Municipality that
Alternative #1; "Complete Separation" plan for dealing with the
City's remaining combined sewers is found to be the most readily
implementable, environmentally sound, cost-effective and socially
acceptable plan; and
BE IT FURTHER RESOLVED, the Municipality pledges to actively
support the financing of its local share of the costs required to
implement this plan.
Ihr
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#289-93 RESOLVED, that having considered a communication from
the City Planning Commission dated March 29, 1993, which
transmits its resolution 3-69-93, adopted on March 23, 1993, with
regard to a Sign Permit Application submitted by Metro-Detroit
Signs, in behalf of Pizza Hut Restaurant, requesting approval to
erect a wall sign on the building located at 33233 Seven Mile
Road in Section 10, 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 Plan dated 2/2/93, as revised, submitted by
Metro-Detroit Signs, for the Pizza Hut Carry Out Restaurant
at 33233 Seven Mile Road, is hereby approved and shall be
adhered to; and
2) That the sign shall be illuminated only during business
hours.
#290-93 RESOLVED, that having considered a communication from
Fernon P Feenstra, Councilmember/SPREE Board of Directors, dated
April 6, 1993, the Council does hereby approve and authorize the
installation of SPREE banners on utility poles in the Civic
Center area in connection with SPREE "43"; and the Public Service
Division is requested to erect the banners on or before June 5,
1993 and remove them on June 28, 1993 at no expense to SPREE
#291-93 RESOLVED, that having received a request from Mr
Jeremiah Riordan, 34934 Parkdale, Livonia, Michigan, with regard
to garbage and recyclables not being picked up, the Council does
hereby refer this item to the Inspection Department for its
report and recommendation
#292-93 RESOLVED, that having received a request from Fernon P.
Feenstra, Councilmember, the Council does hereby request that the
Engineering Department submit a report and recommendation with
respect to sidewalk installation along Merriman Road at such time
as it is improved
#293-93 RESOLVED, that having received a request from Fernon P.
Feenstra, Councilmember, with regard to financial assurances on
deposit with the City for the Arbor Park View Subdivision, the
Council does hereby refer this item to the Engineering Department
for its report and recommendation.
#294-93 RESOLVED, that having considered a request from Fernon
P. Feenstra, Councilmember, with regard to the possible reopening
of Barker E L Window Company, a commercial operation, at the
residence located at 35480 Curtis, the Council does hereby refer
this item to the Inspection Department for its report and
recommendation
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#295-93 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 Wednesday, May 26, 1993, at
7:00 p.m , at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item:
Petition 91-1-1-2, as revised, submitted by William
Roskelly, for a change of zoning on property located on the
east side of Stonehouse Avenue between Joy Road and Minton
Avenue, in the Southeast 1/4 of Section 31, from PL and RUF
to R-1, the City Planning Commission in its resolution
4-72-93 having recommended to the City Council that Petition
91-1-1-2, as revised, be approved;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendment to the Zoning Ordinance, and/or
(b) location of the proposed change of zoning as set forth above,
first to be published in the official newspaper of the City or a
newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by 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 Jurcisin, Feenstra, McGee, Kavanagh, Ochala, Toy, and
Taylor
NAYS: None.
McGee gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 130 AND PARAGRAPHS A
THROUGH D OF SECTION 140 OF TITLE 3, CHAPTER 04
(FINANCIAL PROCEDURES) 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 By direction of the Chair, the second reading is
deferred until such time as the Capital Improvement Committee submits its
report and recommendation regarding this item
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Feenstra gave first reading to the following Ordinance:
AN ORDINANCE AMENDING PARAGRAPH C OF SECTION 140
OF TITLE 3, CHAPTER 04 (FINANCIAL PROCEDURES) 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. By direction of the Chair, the second reading is
deferred until such time as the Finance and Insurance Committee submits its
report and recommendation regarding this item
Kavanagh left the podium at 8:26 p m in order to avoid a perceived
impropriety regarding the next Agenda item.
Jurcisin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 21 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO (Petition 92-12-1-27)
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
Jurcisin invoked the Emergency Clause and gave second reading to
the foregoing Ordinance and a roll call vote was taken thereon with the
following result:
AYES: Jurcisin, Feenstra, McGee, Ochala, and Taylor.
NAYS: Toy.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Kavanagh returned to the podium at 8:28 p m
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Kavanagh took from the table, for second reading and adoption,
the following Ordinance with the two revisions reducing 4% to 3%, as well
as including a three year sunset provision:
AN ORDINANCE AMENDING SECTION 140 OF TITLE 3,
CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED, BY ADDING A NEW
PARAGRAPH E AND RELETTERING THE PRESENT PARAGRAPH E TO F.
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Jurcisin, Feenstra, Kavanagh, Ochala, Toy, and Taylor.
NAYS: McGee.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
McGee made the following disclosure respecting a conflict of interest on
this matter:
Mr. President, I have previously disclosed the existence of
a conflict of interest with respect to this matter, and I
therefore will abstain from any consideration of this agenda
item 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 8:34 p.m.
Feenstra took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 27 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 88-11-1-35)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Jurcisin, Feenstra, Kavanagh, Ochala, Toy, and Taylor.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
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McGee returned to the podium at 8:36 p.m.
limJurcisin took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO. (Petition 92-10-1-22)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, Toy, 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 Jurcisin, and unanimously
adopted, it was:
#296-93 RESOLVED, that having considered a letter from Andrew
J Ragalyi, 9674 Garden, Livonia, Michigan 48150, received by the
office of the City Clerk on April 2, 1993, wherein it is proposed
that the City establish skateboard parks or designate specific
areas to be constructed for skateboarding which would be open to
the public, the Council does hereby refer this item as follows:
a) To the Legislative Committee for its report and
recommendation;
b) To the Parks and Recreation Commission for its report and
recommendation;
c) To the Law Department for its report and recommendation on
adoption of an ordinance similar to the Ann Arbor ordinance
which prohibits skateboarding;
d) To the Finance Director with respect to the impact that this
proposal, if implemented, would have on the City's insurance
costs; and
e) To the Livonia Hockey Association with regard to the
possible rental of facilities for roller blading and for
skateboarding
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On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was:
#297-93 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated April 2, 1993, to which
is attached a notice from the Office of the County Clerk, wherein
it is indicated that the State of Michigan will be conducting a
Special Election on June 2, 1993, regarding a State sales tax
increase and a property tax cap, the cost of conducting which
election in Livonia is estimated to be in an overall amount of
$33,967.35, the Council does hereby appropriate and authorize the
expenditure of a sum not to exceed $33,967.35 from the Unexpended
Fund balance of the General Fund for this purpose.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#298-93 RESOLVED, that the Council does hereby request that the
City Clerk submit her report and recommendation on the question
of whether the amounts established in the City's licensing fee
schedule should be increased and/or modified.
On a motion by Toy, seconded by Ochala, and unanimously adopted,
it was:
#299-93 RESOLVED, that having considered a communication from
the Fire Chief requesting permission to dispose of all hose
dryers in Fire Department stations, the Council does hereby
approve this request; FURTHER, the Council does hereby refer to
the Finance Director the question of the method of disposition of
this property.
A communication from the Director of Inspection, dated April 21,
1993, re deficiencies found upon inspection of the Mirage Market
property, located at 28292 Joy Road, was received and placed on file for
the information of the Council.
On a motion by Kavanagh, seconded by Ochala, and unanimously
adopted, it was:
#300-93 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated December 21, 1992, and
the report and recommendation of the Chief of Police, dated March
L 22, 1993, with regard to a request from Alfoons Bashi,
stockholder in Sumner, Inc for approval of the transfer of a
1992 SDD-SDM licensed business from Mirage Market, Inc. for a
business located at 28292 Joy Road, Livonia, Michigan, Wayne
_ - - — -
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County, and having also considered the report and recommendation
Ike of the Director of Inspection, dated April 21, 1993, approved for
submission by the Mayor, the Council does hereby refer this item
to the Committee of the Whole for its report and recommendation.
On a motion by Kavanagh, seconded by Toy, and unanimously
adopted, it was:
#301-93 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated January 8, 1993, and
the report and recommendation of the Chief of Police, dated March
26, 1993, the Council does hereby approve of the request from
Alvin Winkel and Thomas Winkel, stockholders in Woodland Lanes,
Inc. , to transfer stock in Class C licensed business with Sunday
sales, dance, A-concourse and 2 bars, located at 33775 Plymouth
Road, Livonia, Michigan 48150, Wayne County, by dropping Luster,
Inc. as stockholder and adding Alvin Winkel and Thomas Winkel;
and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control
Commission.
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#302-93 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 16, 1993,
approved by the Finance Director and approved for submission by
the Mayor, the Council does hereby accept the unit price bid of
Ajax Paving Ind. , Inc , One Ajax Drive, Madison Heights, MI
48071, for the paving of Grantland Avenue within Schanhite's
Marquette Manor Subdivision, for the estimated total cost of
$189,459.97, based upon the Engineering Department's estimate of
units involved, and subject to a final payment based upon the
actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been
in fact the lowest bid received for this item; FURTHER, the
Council does hereby appropriate the sum of $130,780.97 from the
Community Development Block Grant Program and the sum of
$58,679.00 from the Michigan 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 Feenstra, seconded by Jurcisin, it was:
#303-93 WHEREAS, pursuant to Act No. 198 of the Public Acts of
1974, as amended, this Council has the authority to establish
industrial development districts within the boundaries of the
City of Livonia; and
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WHEREAS, a proposal was made regarding the establishment of an
liw industrial development district encompassing land situated in the
City of Livonia and comprised of an area as follows:
,Sidwell #110-01-0006-002
Richter-Lipton Industrial Sub
Town 1 South, Range 9 East, Liber 92,
Pages 6 & 7, Wayne County Records
S. 60 Ft. of Lot 6, Also Lots 7 and 8
more particularly described in Exhibit A, attached hereto and
incorporated by reference herein, which area is hereinafter
referred to as "City of Livonia Industrial Development District
No. 54"; and
WHEREAS, written notice has been given by certified mail to EPI
Printers, Inc , of the Council's pending action on this
resolution and of its right to a hearing on the establishment of
proposed City of Livonia Industrial Development District No 54;
and
WHEREAS, notice has been given to all interested owners,
residents and taxpayers in the Livonia area of a public hearing
on the establishment of the proposed City of Livonia Industrial
Development District No. 54; and
WHEREAS, on Monday, April 5, 1993, a public hearing was held on
the establishment of proposed City of Livonia Industrial
Development District No 54, at which time EPI Printers, Inc and
other taxpayers and residents of the City of Livonia had an
opportunity to be heard (a copy of the statements both written
and oral made at such hearing being on file with this City
Council), and a representative of EPI Printers, Inc. attended
said hearing and acknowledged receipt of notice of such hearing
on behalf of the said corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS
FOLLOWS:
1. An Industrial Development District is hereby established,
such district to consist of the area described in Exhibit A,
attached hereto.
2. Such Industrial Development District is hereby designated as
the "City of Livonia Industrial Development District No.
54."
EXHIBIT A
The South 60 feet of Lot 6, also Lots 7 and 8,
L Richter & Lipton Industrial Subdivision, as
recorded in Liber 92, Pages 6 and 7, Wayne
County Records, said subdivision being a part
of the N.W. 1/4 of Section 28, T 1 S. , R 9 E. ,
City of Livonia, Wayne County, Michigan.
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A roll call vote was taken on the foregoing resolution with the following
result:
AYES Jurcisin, Feenstra, McGee, Kavanagh, and Taylor
NAYS: Ochala and Toy.
The President declared the resolution adopted.
On a motion by Jurcisin, seconded by Kavanagh, it was:
#304-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 5, 1993, which sets
forth its resolution 12-542-92 adopted on December 15, 1992, with
regard to Petition 92-10-2-43, submitted by Kelly Schein,
requesting waiver use approval to utilize a Class C liquor
license in conjunction with an existing billiard hall located on
the south side of Eight Mile Road between Grand River Avenue and
Angling Road in the Northeast 1/4 of Section 1, which property is
zoned C-2, and the Council having conducted a public hearing with
regard to this matter on March 31, 1993, pursuant to Council
Resolution 10-93, the Council does hereby reject the
recommendation of the City Planning Commission and said Petition
92-10-2-43 is hereby approved and granted, subject to the
lie condition that the sale of all alcohol on the premises shall be
strictly limited to beer and wine only; and the Council does
hereby waive the 1,000 foot requirement prescribed in Section
11 03(h) of the Livonia Zoning Ordinance No 543.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jurcisin, Feenstra, McGee, Kavanagh, 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:
#305-93 RESOLVED, that having considered a report and
recommendation from Councilmember Fernon P. Feenstra, the Council
does hereby request that the Mayor and the Department of Law
submit a report and recommendation on the question of whether the
City of Livonia should lease the Devon-Aire Ice Arena to the
Livonia Hockey Association in a manner similar to the lease
law
agreement which has been proposed between the City and the YMCA
with respect to the Shelden pool
27588
On a motion by Feenstra, seconded by McGee, and unanimously
ifteadopted, it was:
#306-93 RESOLVED, that having considered a report and
recommendation from Councilmember Fernon P Feenstra, the Council
does hereby request that the Department of Public Service
initiate immediate roof and building repairs at the Devon-Aire
Ice Arena, the cost of which is to be defrayed by the use of City
Enterprise Funds as an advance from the receipt of sums
anticipated to be received by the City in connection with the
sale of other City properties or from other sources.
McGee made the following disclosure respecting a conflict of interest on
this matter
Mr. President, I have previously disclosed the existence of
a conflict of interest with respect to this matter, and I
therefore will abstain from any consideration of this agenda
item 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 9 19 p m
lom On a motion by Feenstra, seconded by Jurcisin, it was:
#307-93 WHEREAS, the City Council intends to authorize the
issuance and sale of Water Supply and Wastewater System Revenue
Bonds pursuant to Act 94, Public Acts of Michigan, 1933, as
amended, in the principal amount of not to exceed in total Five
Million Dollars ($5,000,000), for the purpose of paying the cost
of acquiring and constructing additions, extensions, renovations
and improvements to the City's Water Supply and Wastewater System
and all appurtenances and attachments thereto for the use of the
City; and
WHEREAS, a Notice of Intent to Issue Bonds must be published at
least forty-five (45) days before issuance of the same in order to
comply with the requirements of Section 33 of Act 94, Public Acts
of Michigan, 1933, as amended;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Clerk is hereby authorized and directed to publish
a Notice of Intent to Issue Bonds in the Observer-Eccentric, a
newspaper of general circulation in the City, as a display
advertisement at least one-quarter (1/4) page in size.
2 The Notice of Intent so published shall be in substantially
the following form:
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NOTICE TO ELECTORS
OF THE CITY OF LIVONIA AND
USERS OF THE CITY'S WATER SUPPLY AND WASTEWATER
SYSTEM OF INTENT TO ISSUE REVENUE BONDS
iii PAYABLE FROM THE REVENUES OF SAID
WATER SUPPLY AND WASTEWATER SYSTEM
AND OF RIGHT OF REFERENDUM RELATING THERETO
PLEASE TAKE NOTICE that the City Council of the City of
Livonia intends to authorize the issuance and sale of Water Supply
and Wastewater System Revenue Bonds pursuant to Act 94, Public Acts
of Michigan, 1933 , as amended, in the principal amount of not to
exceed in total Five Million Dollars ($5, 000 , 000) , for the purpose
of paying the cost of acquiring and constructing additions,
extensions, renovations and improvements to the City's Water Supply
and Wastewater System and all appurtenances and attachments
thereto.
Said bonds will mature in annual installments not to exceed
thirty (30) in number, with interest rates to be determined at
public sale but in no event to exceed such rates as may be
permitted by law on the unpaid balance from time to time remaining
outstanding on said bonds .
SOURCE OF PAYMENT OF BONDS
THE PRINCIPAL OF AND INTEREST ON SAID REVENUE BONDS shall be
imig payable solely and only from the net revenues derived from the
operation of the City's Water Supply and Wastewater System. Said
revenues consist of rates and charges for services supplied by the
said System which may from time to time be increased in order to
provide sufficient revenues to meet expenses of operating and
maintaining said System and paying debt service on any revenue
bonds payable from revenues of said System. Schedules of rates
presently in effect for the System are on file in the office of the
City Clerk.
RIGHT OF REFERENDUM
THE REVENUE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORS
UNLESS A PETITION REQUESTING AN ELECTION ON THE QUESTION OF ISSUING
THE BONDS, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS
OF THE CITY, IS FILED WITH THE CITY CLERK WITHIN FORTY-
FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. If such a
petition is filed, the bonds cannot be issued unless approved by
the majority vote of the electors of the City voting on the
question of their issuance.
27590
THIS NOTICE is given pursuant to the requirements of
Section 33 of Act 94 , Public Acts of Michigan, 1933 , as amended.
ADDITIONAL INFORMATION will be furnished at the office of the
City Clerk upon request.
Joan McCotter
City Clerk
City of Livonia, Michigan
3. The City Council does hereby determine that the foregoing
form of Notice of Intent to Issue Bonds and the manner of
publication directed is adequate notice to the electors of the
City and users of the City's Water Supply and Wastewater System
and is well calculated to inform them of the intention of the City
to issue the bonds, the purpose of the bonds, the security for
the bonds and the rights of referendum of the electors with
respect thereto, and that the provision of forty-five (45) days
within which to file a referendum petition is adequate to insure
that the City's electors may exercise their legal rights of
referendum
4 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 Jurcisin, Feenstra, Kavanagh, Ochala, Toy, and Taylor.
NAYS: None.
The President declared the resolution adopted.
McGee returned to the podium at 9 22 p.m
On a motion by Jurcisin, seconded by Toy, and unanimously
adopted, it was:
#308-93 RESOLVED, that having considered a communication dated
April 1, 1993, from the Department of Law transmitting for
Council acceptance a Quit Claim Deed, more particularly described
as:
Quit Claim Deed dated March 29, 1993, executed by Joseph F.
Tondreau and Esther J. Tondreau, his wife, for the following
property described as
ler Land in the City of Livonia, Wayne County, Michigan,
described as:
27591
Parcel "B"
The West 30 feet of the following described property:
The South 1/2 of the South 1/2 of the Southwest 1/4 of the
Southwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of
Section 2, T 1 S , R. 9 E , City of Livonia, Wayne County,
Michigan, except the East 30 feet thereof (Sunset Blvd.
right-of-way Part of Tax Parcel 006-99-0040-000)
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.
On a motion by Toy, seconded by Feenstra, and unanimously
adopted, it was:
#309-93 RESOLVED, that having considered a communication from
the Chairperson of the Livonia Arts Commission, dated March 31,
1993, approved by the Finance Director and approved for
submission by the Mayor, the Council does, for and on behalf of
the City of Livonia, accept a cash donation in the amount of
$100 00 from artist Lena Massara, the same to be credited to and
deposited in Account No 724-000-690-010 to be used for the Civic
Center Library Art Gallery
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#310-93 RESOLVED, that having considered a communication from
the Vice President of Friends of the Livonia Library, dated April
12, 1993, the Council does, for and on behalf of the City of
Livonia, accept a donation of a major fabric sculpture, titled
"Nebulas Terraqueous," to be created by artist James Gilbert, to
be displayed in the atrium of the Civic Center Library.
On a motion by McGee, seconded by Jurcisin, and unanimously
adopted, it was:
#311-93 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 McGee, and unanimously
IOWadopted, it was:
27592
#312-93 RESOLVED, that having considered a letter from the
President of Wolverine Riders, Inc , a Chapter of Rider Club,
dated April 15, 1993, the Council does hereby revise and amend
Council Resolution 244-93, adopted on April 7, 1993, so as to
have the same read as follows:
RESOLVED, that having considered a letter from the Detroit
Director of Paws With a Cause, dated March 1, 1993, the
Council does hereby take this means to indicate that
Wolverine Riders, Inc. , a Chapter of Rider Club, is
recognized by the City of Livonia as a non-profit service
organization and that the City of Livonia has no objection
to a license being issued to Wolverine Riders, Inc , a
Chapter of Rider Club, by the Michigan Bureau of State
Lottery
On a motion by Ochala, seconded by Toy, it was
#313-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated April 19,
1993, and submitted pursuant to Council Resolution 174-93 in
connection with a communication from the City Planning
Commission, dated February 22, 1993, which transmits its
resolution 2-32-93, adopted on February 9, 1993, with regard to
Petition 92-12-2-57, submitted by Handy Andy, requesting waiver
use approval to expand the area utilized for outdoor sales of
lir garden supplies on property located on the west side of
Middlebelt Road between I-96 and Plymouth Road in the Northeast
1/4 of Section 26, which property is zoned C-2, the Council does
hereby concur in the recommendation of the Planning Commission
and Petition 92-12-2-57 is hereby approved and granted subject to
the following conditions
1) That the Site Plan marked Sheet 1, dated 12-15-92, prepared
by Patrick D. Findlan & Associates P C , Architects, which
is hereby approved, shall be adhered to;
2) That the Canopy Elevation Plan, marked Sheet 2, as revised,
dated 12-22-92, prepared by Patrick D Findlan & Associates,
P.0 , Architects, which is hereby approved, shall be adhered
to;
3) That the expanded outdoor sales area shall be confined to
the specifically designated area on the site plan, having a
dimension of 40' x 120' ;
4) That the petitioner shall correct any site maintenance
deficiencies or other such problems as noted by the
Inspection Department in their letter dated February 1,
1993, prior to the issuance of a Certificate of
lir Occupancy and the site shall thereafter be permanently
maintained in good condition and to the satisfaction of
the Inspection Department;
27593
5) That the petitioner shall upgrade the landscaping on the
Schoolcraft Road portion of the overall site, subject to
approval by the Planning Department;
6) That the Elevation Plan marked Sheet 4, dated 3-26-93,
prepared by Patrick D Findlan & Associates P C ,
Architects, which is hereby approved, shall be adhered
to; and
7) That the Fence Elevation Plan marked Sheet 5, dated 3-22-93,
prepared by Patrick D. Findlan & Associates P.C. ,
Architects, which is hereby approved, shall be adhered to.
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, McGee, Kavanagh, Ochala, Toy, and Taylor
NAYS Feenstra.
The President declared the resolution adopted
No one in the audience wished to speak at the end of the meeting.
Councilmember McGee spoke to the dedication ceremony to be held
on May 10, 1993 at 6:30 p m. at the Civic Center Library for the fabric
sculpture which was commissioned by the Friends of the Livonia Library to
be created by artist James Gilbert
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#314-93 RESOLVED, that the Council does hereby refer to the
Director of Inspection for his report and recommendation the
status of abandoned or discontinued gas stations and commercial
buildings at the following locations:
a) Amoco station at Five Mile and Middlebelt;
b) Shell station at Six Mile and Inkster;
c) Sunoco station at Plymouth and Laurel; and
d) such other locations as may presently be on file.
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, this 1,247th Regular Meeting of the Council of the City of Livonia
was adjourned at 9:32 p m , April 21, 1993
J•, n McCotter, City Clerk
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