HomeMy WebLinkAboutCOUNCIL MINUTES 1990-12-0526195
MINUTES OF THE ONE THOUSAND ONE HUNDRED AND NINETIETH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On December 5, 1990, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan and was called to order by the Vice President
of the Council at 8:00 P.M. Councilwoman Toy delivered the invocation.
Roll was called with the following result: Present. Laura Toy, Robert
R. Bishop, Gerald Taylor, Ron Ochala, Fernon P Feenstra and Dale Jurcisin, Absent.
Joan McCotter (due to recuperation from minor surgery).
Elected and appointed officials present Robert F. Nash, City Clerk;
Harry Tatigian, City Attorney, Robert D. Bennett, Mayor, John Nagy, Planning
Director, Raul Galindo, City Engineer, David Preston, Director of Finance, Karen
Szymula, Director of Legislative Affairs, John Fegan, Director of Building
Inspection, Ronald R. Reinke, Superintendent of Parks and Recreation sand James
Inglis, Director of Housing.
On a motion by Councilman Bishop, seconded by Councilman Taylor,
and unanimously adopted, it was
#1067-90 RESOLVED, that the minutes of the 1,189th Regular
Meeting of the Council of the City of Livonia, held November
20, 1990 are hereby approved.
A communication from the General Manager of MetroVision of Livonia, Inc.,
dated November 14, 1990, forwarding the 7th Annual Report for the fiscal year ending
July 31, 1990 was received and placed on file for the information of the Council
A communication from the Director of Finance, dated November 21, 1990,
forwarding various financial statements of the City of Livonia for the month ending
October 31, 1990 was received and placed on file for the information of the Council.
At the direction of the Chair, Item No. 2 re a request for vacating by
Ronald M. Parz of the South Drive right-of-way lying east of Jarvis Avenue was
removed from the Consent Agenda.
it was
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
#1068-90 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated November 14, 1990,
wherein it is recommended that effective January 1, 1991 the
schedule of fees established for the issuance of certified
copies of birth and death certificates be increased to $8.00
for the first copy and $2.00 for each additional copy, and
which report also recommends an increase in dog licenses from
$2 00 to $3.00 effective November 30, 1991, the Council does
hereby concur in and approve of the aforesaid action
#1069-90 RESOLVED, that having considered the report and
recommendation of the Chief of Police dated November 2, 1990,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby accept,
the bid of Tennyson Chevrolet, 32570 Plymouth, Livonia, MI
48150 for leasing ten vehicles to the Livonia Division of Police
for a one-year period for a total price of $53,184.00, the
same having been in fact the lowest bid received and meets
all specifications.
#1070-90 RESOLVED, that having considered the report and
recommendation of the Chief of Police dated November 6, 1990,
approved for submission by the Mayor, with regard to the Third
Annual D.A.R.E. Golf Outing, which is to be conducted on July
17, 1991 at the Fox Creek Golf Course, the proceeds of which
are to be donated to D.A.R.E., and wherein it is requested
that all fees at the Fox Creek Golf Course be waived, the Council
does hereby grant and approve this request in the manner and
form herein submitted.
#1071-90 RESOLVED, that having considered the report and
recommendation of the Director of Building Inspection dated
November 5, 1990, which bears the signature of the Finance
Director and is approved for submission by the Mayor, the Council
does hereby authorize J.R. Mathews, Inc., P.O. Box 52334,
Livonia, Michigan 48152, to demolish and remove the structure
at 9001 Oxbow, Livonia, Michigan for the price of $3,250.00,
the same to be appropriated and expended from the Civic
Improvement - Unsafe Buildings Account (205-525-882-050) with
the provision that said account be reimbursed at such time
as funds are subsequently recovered from the owners of the
above property as provided for in Chapter 15 52.180 of the
Livonia Code of Ordinances, further, the Council does hereby
26197
authorize the said item without competitive bidding in accordance
with Section 3.04.14OD4 and 5 of the Livonia Code of Ordinances,
as amended.
#1072-90 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks & Recreation
dated November 7, 1990, approved for submission by the Mayor
and the Finance Director in connection with the action taken
in Council Resolution 1037-89 wherein the Council did accept
a state grant in the amount of $27,600.00 for Clement Circle
Park improvements, the Council does hereby appropriate the
sum of $27,600.00 as an advance from the Unexpended Fund Balance
Account for the purpose of covering the cost of the improvements
herein with the provision that the said account shall be
reimbursed at such time as the grant from the Department of
Natural Resources with respect to this item is received.
#1073-90 RESOLVED, that having considered a communication
from the City Assessor, dated November 5, 1990, approved for
submission by the Mayor, with regard to a request from
Dorothy Faraday, 19522 Westmore, Livonia, Michigan 48152, and
in accordance with the provisions of 1967 PA 288, as amended,
as well as Section 18.46 of Ordinance 543, as amended, the
Council does hereby approve of the proposed division and
combination of Tax Items No 46 011 01 0125 000 and 46 011
01 0126 000 into two parcels, the legal descriptions of which
shall read as follows
PARCEL A
Lots 124, the North 30 feet of Lot 125 and the West 1/2 of
the adjacent vacated 18 foot alley at the rear thereof, being
part of "WESTMORE SUBDIVISION" of part of the West 1/2 of the
Southwest 1/4 of Section 3, T. 1 S , R 9 E , Livonia Township
(now the City of Livonia), Wayne County, Michigan as recorded
in Liber 48 of plats, page 85 Wayne County Records
PARCEL B
The South 10 feet of Lot 125, Lot 126, the North 1/2 of Lot
127 and the West 1/2 of the adjacent vacated 18 foot alley
at the rear thereof, being part of "WESTMORE SUBDIVISION" of
part of the West 1/2 of the Southwest 1/4 of Section 3, T.
1 S., R. 9 E., Livonia Township (now the City of Livonia),
Wayne County, Michigan as recorded in Liber 48 of plats, page
85 Wayne County Records.
as shown on the map attached to the aforesaid communication
which is made a part hereof by reference, and the City Clerk
is hereby requested to cause a certified copy of this resolution
to be recorded in the Office of the Wayne County Register of
Deeds, provided, however, that to the extent required by law
26198
and City ordinance, the action herein is made subject to the
approval of the Zoning Board of Appeals.
#1074-90 RESOLVED, that the Council does hereby request that
the City Planning Commission submit a report and recommendation
in accordance with provisions of law and City ordinance with
regard to the proposed vacating of Parcel FF1, which is located
between Westmore and Shadyside, North of Seven Mile Road in
the Westmore Subdivision, in the event that such action is
deemed to be appropriate.
#1075-90 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager and the Director
of Public Works dated November 14, 1990, approved by the Director
of Finance and approved for submission by the Mayor, the Council
does hereby authorize a one year maintenance agreement with
Michigan Bell Communications, 29777 Telegraph Road, Suite 1200,
Southfield, Michigan 48034, for the price of $6,142 24 for
maintenance of the Enhanced 911 equipment, further, the Council
does hereby authorize the said item without competitive bidding
in accordance with the provisions set forth in Section 3 04.14OD5
of the Livonia Code of Ordinances, as amended.
#1076-90 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Housing Director
dated November 9, 1990, which bears the signature of the Finance
Director and is approved for submission by the Mayor, the Council
does hereby authorize Stanson Wrecking Company, 6855 Haggerty
Road, Belleville, MI 48111, to raze the existing garage located
at 11683 Cardwell, Livonia, Michigan, for the price of $1,897.00,
the same to be authorized from Account No 295-833-931-000,
said amount to be appropriated from the Unexpended Fund Balance
(City -purchased homes) for this purpose, further, the Council
does hereby authorize the said item without competitive bidding
in accordance with Section 3 04 140D4 and 5 of the Livonia
Code of Ordinances, as amended
#1077-90 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 13, 1990,
approved for submission by the Mayor, the Council does hereby
authorize the release to Strick-Style Homes, Inc., 2891 Olden
Oak Lane, Auburn Hills, MI 48057, the proprietor of the Sunset
Park Estates Subdivision, located in the Southeast 1/4 of Section
11, of the financial assurances previously deposited with respect
to the General Improvement Bond in the amount of $18,000.00,
of which $5,000 00 was to be in cash, the Sidewalk Improvement
Bond in the amount of $15,000 00, of which $1,500.00 was to
be in cash, the Soil Erosion Bond in the amount of $2,100.00
cash, and the Monument and Lot Marker Bond in the amount of
$1,250 00, pursuant to Council Resolution 1067-85, adopted
on December 2, 1985, and subsequently amended in Council
Resolution 769-87, further, all other financial assurances
26199
now on deposit with the City, if any, with respect to this
subdivision shall remain the same and unchanged, and the action
herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these
improvements have been satisfactorily installed in accordance
with the rules and regulations and ordinances of the City of
Livonia.
#1079-90 RESOLVED, that having considered the report and
recommendation of the City Engineer dated November 7, 1990,
which bears the signature of the Finance Director and is approved
for submission by the Mayor and which submits final cost
information with regard to the paving improvement of Northland,
St Martins and Bethany in the Southeast 1/4 of Section 6 in
connection with S.A.D 325, the Council does hereby determine
as follows -
a. Authorize a decrease in the total assessment as set
forth in the confirmed assessment roll for S.A.D. No
325 from $91,409.50 to $85,233.24 with the assessments
to be reduced to the assessment rate of $12 24 p.f.f.,
b. Authorize the City Assessor to increase the assessment
in the total amount of $4,146 52 for parcels listed
in Attachment III so as to include the cost of additional
work requested by property owners within the assessment
district,
c. Establish the final project cost at $143,799 07, of
which $89,379.76 is to be charged to the special
#1078-90 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 14, 1990,
approved for submission by the Mayor, the Council does hereby
authorize the release to Strick-Style Homes, Inc., 2891 Olden
Oak Lane, Auburn Hills, MI 48057, the proprietor of the Sunset
Woods Subdivision, located in the Southeast 1/4 of Section
11, of the financial assurances previously deposited with respect
to the General Improvement Bond in the amount of $10,000 00,
of which $1,000.00 was to be in cash, the Sidewalk Improvement
Bond in the amount of $5,200 00, of which $1,000.00 was to
be in cash, the Soil Erosion Bond in the amount of $2,000.00
cash, and the Monument and Lot Marker Bond in the amount of
$300.00, pursuant to Council Resolution 265-88, adopted on
March 23, 1988, and subsequently amended in Council Resolution
664-89, further, all other financial assurances now on deposit
with the City, if any, with respect to this subdivision shall,
remain the same and unchanged, and the action herein being
taken is for the reasons indicated in the aforementioned report
of the City Engineer that all these improvements have been
satisfactorily installed in accordance with the rules and
regulations and ordinances of the City of Livonia
#1079-90 RESOLVED, that having considered the report and
recommendation of the City Engineer dated November 7, 1990,
which bears the signature of the Finance Director and is approved
for submission by the Mayor and which submits final cost
information with regard to the paving improvement of Northland,
St Martins and Bethany in the Southeast 1/4 of Section 6 in
connection with S.A.D 325, the Council does hereby determine
as follows -
a. Authorize a decrease in the total assessment as set
forth in the confirmed assessment roll for S.A.D. No
325 from $91,409.50 to $85,233.24 with the assessments
to be reduced to the assessment rate of $12 24 p.f.f.,
b. Authorize the City Assessor to increase the assessment
in the total amount of $4,146 52 for parcels listed
in Attachment III so as to include the cost of additional
work requested by property owners within the assessment
district,
c. Establish the final project cost at $143,799 07, of
which $89,379.76 is to be charged to the special
26200
assessment district, $52,399 31 is to be assumed by
the City's Michigan Transportation Fund (Local Road
Account) receipts, and $2,000.00 is to be charged to
the Surplus Drainage Fund,
d. Authorize an expenditure in the amount of $143,799 07
from the $12 million General Obligation Road Improvement
Bond Issue with the provision that the Bond Issue be
reimbursed at such time as funds are available from
the next Special Assessment Paving Bond Issue
($89,379.76), from Michigan Transportation Fund (Local
Road Account) receipts ($52,399.31), and $2,000 00
from the Surplus Drainage Fund account, and
e. In order to make final payment to the contractor,
authorize an additional appropriation in the amount
of $10,178 21 from the $12 million General Obligation
Road Improvement Bond Issue with the provision that
(1) the Bond Issue be reimbursed for that portion of
the project which is to be financed by special assessment
at such time as funds are available from a future special
assessment bond issue, and (2) the bond issue be
reimbursed for the City's portion of the project from
Michigan Transportation Fund (Local Road Account)
receipts
A communication from the Planning Director, dated November 5, 1990 re
Council Resolution 571-90 -- administrative rules to permit the use of commercial
parking lots for recreational events was received and placed on file for the
information of the Council
#1080-90 RESOLVED, that having considered the report and
recommendation of the Chief of Police dated November 15, 1990,
approved for submission by the Mayor and the Finance Director
and approved as to form and content by the City Attorney and
to which is attached a Disaster Assistance Recovery Team Mutual
Aid Agreement between the City of Livonia and various counties,
cities, villages and townships pursuant to 1967 PA 236, as
amended by 1974 PA 342, the Council does hereby authorize the
Mayor and City Clerk for and on behalf of the City of Livonia
to execute the said agreement in the manner and form herein
submitted.
A roll call vote was taken on the foregoing resolutions with the following result
AYES. Toy, Bishop, Taylor, Ochala, Feenstra and Jurcisin.
NAYS None
26201
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
#1081-90 RESOLVED, that having considered Petition 90-11-3-11
submitted by Ronald M. Parz, 31800 Northwestern Highway, Suite
390, Farmington Hills, MI 48018-4578, received by the office
of the City Clerk on November 16, 1990, wherein a request is
submitted for the vacating of the South Drive right-of-way lying
east of Jarvis Avenue, the Council does hereby refer this item
to the City Planning Commission for action and recommendation
in accordance with the provisions of law and City ordinance
with the request that the Planning Commission consider in its
action the vacating of South Drive in this area in its entirety.
On a motion by Councilman Feenstra, seconded by Councilman Bishop,
and unanimously adopted, it was
#1082-90 RESOLVED, that having considered the report and
recommendation of the Legislative Committee dated November 20,
1990, and submitted pursuant to Council Resolution 812-89 in
connection with a letter from the Executive Assistant to the
International Union of Operating Engineers, dated May 9, 1989,
with regard to the use of non-union companies for major
construction projects for the City of Livonia, the Council does
hereby determine to take no further action with respect to Section
VI concerning tax abatements as set forth in the proposed
resolution dated August 10, 1989 for establishing prevailing
wages on City construction projects.
On a motion by Councilman Feenstra, seconded by Councilman Bishop,
and unanimously adopted, it was
#1083-90 RESOLVED, that the Council does hereby refer to the
Legislative Committee for its report and recommendation the
topic of establishing a requirement for a prevailing wage rate
for companies which perform major construction projects for
the City of Livonia.
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 14.02 OF ARTICLE
XIV OF ORDINANCE NO. 543, AS AMENDED, KNOWN
AND CITE AS THE "CITY OF LIVONIA ZONING
ORDINANCE" (Petition 89-8-6-7)
26202
A roll call vote was taken on the foregoing Ordinance with the following result
AYES. Toy, Bishop, Taylor, Ochala, Feenstra and Jurcisin.
NAYS None.
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilwoman Toy took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE ADDING SECTION 170 TO TITLE
15, CHAPTER 16 (FIRE PREVENTION CODE) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result•
AYES Toy, Bishop, Taylor, Ochala, Feenstra and Jurcisin
NAYS None.
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#1084-90 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole dated November
20, 1990 and submitted pursuant to Council Resolution 929-90
in connection with a letter from Bobby's Country House, 35780
W. Five Mile Road, Livonia, Michigan 48154, dated September
26, 1990, wherein permission is requested to convert the
restaurant portion (not including grill room) to a banquet
facility, and having also considered the report and recommendation
of the Mayor dated October 1, 1990 submitted in connection
therewith, the Council does hereby request that the Department
of Law prepare an amended sublease agreement which includes
the revisions recommended by the Mayor in his letter of October
1, 1990, as well as the provision that the lower level cannot
henceforth be used as a restaurant without the prior approval
of the City Council, the said amended sublease agreement to
be submitted to the City Council for its approval; further,
the Council does hereby request that the tenant be current on
all outstanding arrearages and rent, further, the Council does
hereby authorize the temporary use of the lower level of the
Clubhouse as a banquet facility for an interim 90 -day period
which upon completion shall be subject to review by the City
Council.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
it was
26203
RESOLVED, that having considered the report and recommendation
of the Committee of the Whole dated November 20, 1990 and
submitted pursuant to Council Resolution 929-90 in connection
with a letter from Bobby's Country House, 35780 W Five Mile
Road, Livonia, Michigan 48154, dated September 26, 1990, wherein
permission is requested to convert the restaurant portion (not
including grill room) to a banquet facility, and having also
considered the report and recommendation of the Mayor dated
October 1, 1990 submitted in connection therewith, the Council
does hereby request that the administration, during the next
90 day interim period, solicit other proposals for the use of
the lower level of the Clubhouse as a restaurant, the same
thereafter to be submitted to the City Council for its,
consideration.
A roll call vote was taken on the foregoing resolution with the following result.
AYES Taylor and Jurcisin
NAYS• Toy, Bishop, Ochala and Feenstra.
The Vice President declared the resolution denied.
Communications from the Fire Marshall's Office dated December 4, 1990,
the Director of Building Inspection dated November 30, 1990 and John R Carney,
P C. dated December 5, 1990 re Bobby's Country House, Inc were received and placed
on file for the information of the Council.
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
#1085-90 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole dated November
20, 1990 and submitted pursuant to Council Resolution 929-90
in connection with a letter from Bobby's Country House, 35780
W Five Mile Road, Livonia, Michigan 48154, dated September
26204
26, 1990, wherein permission is requested to convert the
restaurant portion (not including grill room) to a banquet
facility, and having also considered the report and recommendation
of the Mayor dated October 1, 1990 submitted in connection
therewith, the Council does hereby request that the Inspection
Department submit a report and recommendation with respect to
the use and operation of the existing showers of the lower level
bathrooms of the Clubhouse.
Councilman Bishop gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SUBSECTION 39 OF SECTION
.010 OF CHAPTER 16 (PARKS PLAYGROUNDS) OF
TITLE 12 OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED. (Edward H McNamara Bicentennial
Park)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances
in the office of the City Clerk and is the same as if word for word repeated
herein. The above Ordinance was placed on the table for consideration at the
text regular meeting.
it was
U
On a motion by Councilwoman Toy, seconded by Councilman Feenstra,
RESOLVED, that having considered a communication from
the City Planning Commission dated October 25, 1990 which
transmits its resolution 10-477-90 with regard to the sign permit
application submitted by Noonan Sign Company on behalf of the
First of America Bank for two wall signs in the Northridge Commons
Shopping Center located at Eight Mile and Farmington, the Council
does hereby concur in part in the recommendation of the City
Planning Commission by approving the sign permit application
only with respect to the proposed wall sign on the west side
of the building, the same to be subject to the same conditions
as those set forth in the aforesaid action of the Planning
Commission, and the Council does hereby deny the proposed wall
sign on the north side of the building.
On a motion by Councilman Bishop, seconded by Councilman Taylor,
it was RESOLVED, that the Council does hereby determine,
in lieu of the foregoing resolution, to substitute a motion
to approve the two wall signs as submitted by Noonan Sign Company
on behalf of the First of America Bank in the Northridge Commons
Shopping Center.
A roll call vote was taken on the motion to substitute as follows:
AYES: Bishop, Taylor, Ochala and Jurcisin.
NAYS: Toy and Feenstra.
The Vice President declared the resolution to substitute adopted.
it was
On a motion by Councilman Bishop, seconded by Councilman Taylor,
#1086-90 RESOLVED, that having considered a communication from
the City Planning Commission dated October 25, 1990 which
transmits its resolution 10-477-90 with regard to the sign permit
application submitted by Noonan Sign Company on behalf of the
First of America Bank for two wall signs in the Northridge Commons
Shopping Center located at Eight Mile and Farmington, the Council
does hereby concur with the City Planning Commission and approve
the said sign permit application subject to compliance with
the same conditions set forth in the aforesaid action of the
Planning Commission.
26205
A roll call vote was taken on the foregoing resolution with the following result
AYES Bishop, Taylor, Ochala and Jurcisin.
NAYS. Toy and Feenstra.
The Vice President declared the substitute resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
#1087-90 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission dated October 22, 1990, and
the report and recommendation of the Chief of Police dated
November 1, 1990 in connection therewith, the Council does hereby
approve of the request from Salwan Yaldoo, stockholder in Salwan's
Party Store, Inc., to transfer ownership of a 1990 SDD-SDM
licensed business from Sorisho Pizza, Inc. for a business located
at 19191 Merriman, Livonia, Michigan 48152, Wayne County, and
the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission.
26206
On a motion by Councilman Feenstra, seconded by Councilman Ochala,
and unanimously adopted, it was
it was
#1088-90 RESOLVED, that having considered the report and
recommendation of the Planning Commission dated November 8,
1990 and submitted pursuant to Council Resolution 936-90 with
respect to plans submitted for mounted satellite dish -type
antennas in residential areas, the Council does hereby refer
this item to the Legislative Committee for its report and
recommendation.
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
#1089-90 RESOLVED, that having considered a communication from
the City Planning Commission dated November 14, 1990 which
transmits its resolution 11-487-90 adopted on November 13, 1990
with regard to Petition 90-9-3-9 submitted by William Rocikershousen
requesting the vacating of a twenty -foot wide easement across
property located on the north side of Schoolcraft Road, east
of Middlebelt Road in the Southwest 1/4 of Section 24, the Council
does hereby concur in the recommendation of the City Planning
Commission and does grant and approve the said Petition 90-9-3-9
subject to the petitioner granting a new easement to accommodate
the relocated water line, and the Department of Law is hereby
requested to prepare the necessary vacating ordinance in
accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Toy, Bishop, Taylor and Jurcisin.
NAYS: Ochala and Feenstra.
The Vice President declared the resolution adopted.
On a motion by Councilwoman Toy, seconded by Councilman Feenstra,
and unanimously adopted, it was
#1090-90 RESOLVED, that the Council does hereby refer to the
Legislative Committee for its report and recommendation the
matter of approval of parcels of property which are under two
acres in size for office use by the City Planning Commission
only (and not the City Council), and the approval of parcels
of property under five acres in size for commercial uses by
the City Planning Commission (and not the City Council).
On a motion by Councilwoman Toy, seconded by Councilman Bishop,
and unanimously adopted, it was
#1091-90 RESOLVED, that the Council does hereby request that
the City Planning Commission, in accordance with Section 23.01(a)
of Zoning Ordinance 543, conduct a public hearing and thereafter
submit a report and recommendation on the question of whether
or not Section 18.47(a) should be amended so as to include as
a control zone the area within the vicinity of the Schoolcraft
Road - Middlebelt Intersection
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
it was
#1092-90 RESOLVED, that having considered a letter from the
Assistant Planning Director and the Director of Housing dated
November 13, 1990 and approved for submission by the Mayor,
to which is attached a proposed agreement between the City of
Livonia and the Fair Housing Center of Metropolitan Detroit,
Room 1340, 1249 Washington Boulevard, Detroit, Michigan 48226,'
wherein the latter would prepare for the City a Fair Housing
Needs Analysis which is a requirement for compliance with
Community Development Block Grant Regulations, the Council does
hereby refer this item to the Committee of the Whole for its
report and recommendation
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
RESOLVED, that having considered the report and
recommendation of the City Assessor dated August 23, 1990 and
approved for submission by the Mayor which submits a schedule
of assessments for the proposed installation of 100 watt high
pressure sodium ornamental lights with underground wiring on
davitt poles in Levan Court Subdivision located in the Northeast
1/4 of Section 32, the Council does hereby refer this item to
the Streets, Roads and Plats Committee for its report and
recommendation.
26207
A roll call vote was taken on the foregoing resolution with the following result.
AYES Toy, Taylor and Ochala
NAYS Bishop, Ochala and Jurcisin
The Vice President declared the resolution denied
it was
On a motion by Councilman Bishop, seconded by Councilman Ochala,
#1093-90 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 350, more particularly described in Council Resolution 767-90
adopted on August 15, 1990, as required by the provisions of
the City Charter and Title 3, Chapter 8 of the Livonia Code
of Ordinances, as amended, the City Council has duly met and
reviewed the special assessments levied in the special assessment
roll prepared by the City Assessor to cover the district in
which street lighting is to be installed, such roll having been
prepared on the basis of street lighting being installed in
Levan Court Subdivision in the Northeast 1/4 of Section 32,
in said Special Assessment District No. 350;
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine to install street lighting consisting of the
installation of 100 watt high pressure sodium lights with
underground wiring on davitt poles in Levan Court Subdivision
located in the Northeast 1/4 of Section 32, and that th6
assessments set forth in said Special Assessment District No
350 Roll are fair and equitable and based upon benefits derived
in said district, in accordance with the plans of the City
Engineer and resolutions of the City Council, said Special
Assessment Roll No. 350 based on installation of 100 watt high
pressure sodium lights with underground wiring on davitt poles
is hereby approved and confirmed in all respects; pursuant to
the provisions of Section 3 08.130 of the Livonia Code of
Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the Assessment Roll, and the assessment roll
shall then be immediately transmitted to the City Treasurer
who shall take such further action as set forth in Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, and
the City Clerk is hereby authorized to transmit the proper street
lighting order to the Detroit Edison Company on forms provided
by them for this purpose.
A roll call vote was taken on the foregoing resolution with the following result-
AYES- Bishop, Taylor, Ochala and Jurcisin
NAYS. Toy and Feenstra
The Vice President declared the resolution adopted
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
it was
#1094-90 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 351, more particularly described in Council Resolution 743-90
adopted on August 15, 1990, as required by the provisions of
the City Charter and Title 3, Chapter 8 of the Livonia Code
of Ordinances, as amended, the City Council has duly met and
reviewed the special assessments levied in the special assessment
roll prepared by the City Assessor to cover the district in
which street lighting is to be installed, such roll having been
prepared on the basis of street lighting being installed in
Sheffield Estates Subdivision No. 2 in the West 1/2 of Section
9, in said Special Assessment District No. 351,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine to install street lighting consisting of the
installation of 100 watt high pressure sodium lights with colonial
post tops with underground wiring in Sheffield Estates Subdivision
No. 2 located in the West 1/2 of Section 9, and that the
assessments set forth in said Special Assessment District No
351 Roll are fair and equitable and based upon benefits derived
in said district, in accordance with the plans of the City
Engineer and resolutions of the City Council; said SpeciaT
Assessment Roll No. 351 based on installation of 100 watt high
pressure sodium lights with colonial post tops and underground
wiring is hereby approved and confirmed in all respects; pursuant
to the provisions of Section 3 08.130 of the Livonia Code of
Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the Assessment Roll, and the assessment roll
shall then be immediately transmitted to the City Treasurer
who shall take such further action as set forth in Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, and
the City Clerk is hereby authorized to transmit the proper street
lighting order to the Detroit Edison Company on forms provided
by them for this purpose.
On a motion by Councilman Taylor, seconded by Councilman Ochala,
RESOLVED, that having considered a communication from
the City Planning Commission, dated October 1, 1990, which sets
forth its resolution 9-448-90 adopted on September 18, 1990
with regard to Petition 90-7-1-16, submitted by Philip Barth
for a change of zoning on property located on the east side
of Farmington Road, north of Curtis Avenue, in the Northwest
1/4 of Section 10, from R-1 to OS, and the Council having
conducted a public hearing with regard to this matter on November
19, 1990, pursuant to Council Resolution 926-90, the Council
26209
26210
does hereby concur in the recommendation of the Planning Commision
and the said Petition 90-7-1-16 is hereby approved and granted,
and the City Planner is hereby instructed to cause the necessary
map for publication to be prepared indicating the zoning change
herein approved and to furnish the same to the Department of
Law and, upon receipt of such map, the Department of Law is
requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result
AYES Bishop, Taylor and Jurcisin
NAYS Toy, Ochala and Feenstra
The Vice President declared the resolution denied
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
and unanimously adopted, it was
#1095-90 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 1, 1990, which sets,
forth its resolution 9-448-90 adopted on September 18, 1990
with regard to Petition 90-7-1-16, submitted by Philip Barth
for a change of zoning on property located on the east side
of Farmington Road, north of Curtis Avenue, in the Northwest
1/4 of Section 10, from R-1 to OS, and the Council having
conducted a public hearing with regard to this matter on November
19, 1990, pursuant to Council Resolution 926-90, the Council
does hereby refer this item to the Committee of the Whole for
its report and recommendation.
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and uanimously adopted, it was
#1096-90 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 1, 1990, which sets
forth its resolution 9-448-90 adopted on September 18, 1990
with regard to Petition 90-7-1-16, submitted by Philip Barth
for a change of zoning on property located on the east side
of Farmington Road, north of Curtis Avenue, in the Northwest
1/4 of Section 10, from R-1 to OS, and the Council having
conducted a public hearing with regard to this matter on November
19, 1990' pursuant to Council Resolution 926-90, the Council
does hereby request that the Engineering Department submit a
report and recommendation with regard to the water problem which
may exist at Mrs. Kuneman's residence located at 18266 Farmington
Road, Livonia, Michigan.
On a motion by Councilman Ochala, seconded by Councilman Feenstra,
and unanimously adopted, it was
11097-90 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated October 1, 1990 on all matters required
by Sections 3.08.060 of the Livonia Code of Ordinances, as amended,
and a first public hearing having been held thereon on November
28, 1990, after due notice as required by Section 3.08.070 of
said Code, and careful consideration having been given to all
such matters, the Council does hereby, pursuant to Section 3.08.080
of said Code.
(1) accept and approve said statement in all respects,
(2) determining to make the road improvement consisting
of either a 28 foot wide full depth asphalt pavement
with mountable asphalt curbs (Alternate III) or the
placement of approximately four inches of asphalt over
the existing roadway (Alternate IV) on Floral and Lathers
in the Southeast 1/4 of Section 12, City of Livonia,
Wayne County, Michigan, as described in said statement;
and to defray the cost of such improvement by special
assessment upon the property especially benefited in
proportion to the benefits derived or to be derived;
(3) approve the plans and specifications for said
improvement as set forth in said statement dated October
1, 1990;
(4) determine that the cost of such improvement is
$580,141.17 (Alternate III) or $153,064.71 (Alternate
IV);
(5) determine that the cost of said improvement shall
be paid for in part by special assessments on the
property benefited thereby and in part by the City
at large, in proportions thereafter established;;
(6) that the proportion of the
improvement to be borne and
be 15% of paving ($69,771.17
of Drainage ($115,000.00 or
balance of said cost and
improvement amounting to 85'
or $120,330 00) shall be be
cost and expense of said
paid by the City shall
or $21,234.71) and 100%
$11,500 00) and that the
expense of said public
of paving ($395,370.00
irne and paid by special
26211
26212
assessments on all lands and premises in the special
assessment district as herein established in proportion
to the benefits to be derived therefrom,
(7) determine that assessments made for such improvement
may be paid in ten (10) annual installments together
with interest thereon on the unpaid balance,
(8) designate the assessment district, describing the
land and premises upon which special assessments shall
be levied as follows -
A Special Assessment District in the S.E. 1/4 of
Section 12, T.IS., R.9E., City of Livonia, Wayne County,
Michigan, described as containing the property shown
on the Special Assessment Plan and the Special
Assessment Roll
(9) that the City Assessor is hereby directed to prepare
a special assessment roll including all lots and parcels
of land within the above district designated by the
Council and to assess to each such lot or parcel of
land such relative portions of the whole sum to be
levied against all lands in the special assessment
district as the special benefits to such lots or parcels
of land bear to the total benefit of all land and
also to enter upon such roll the amount which has
been assessed to the City at large, all in accordance
with the determination of the City Council, and
(10) that upon the completion of said roll the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3.08.100 of the Livonia Code
of Ordinances, as amended, of the City of Livonia
and file the same with the City Clerk who thereupon
is directed to present the same to the City Council
prior to the holding of the second public hearing
thereon as required by Section 3.08 110 of the said
Code.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#1098-90 RESOLVED, that the Council does hereby request that
the Engineering Department submit a report and recommendation
with regard to rear yard flooding due to poor drainage for certain
homes located on Floral and Lathers in the Southeast 1/4 of
Section 12.
26213
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
it was
it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated October 1, 1990, which sets
forth its resolution 9-438-90 adopted on September 18, 1990
with regard to Petition 90-8-1-17, submitted by Southwood
Construction Co., Inc. for a change of zoning on property located
on the west side of Harrison, north of Five Mile Road in the
Southwest 1/4 of Section 13 from R -9I and OS to R -C and R-1,
and the Council having conducted a public hearing with regard
to this matter on November 28, 1990, pursuant to Council
Resolution 927-90, the Council does hereby concur in the
recommendation of the Planning Commission and the said Petition
90-8-1-17 is hereby denied for the same reasons as those set
forth in the action taken by the Planning Commission.
On a motion by Councilman Feenstra, seconded by Councilman Bishop,
RESOLVED, that the foregoing proposed resolution which
would deny Petition 90-8-1-17, by Southwood Construction Co.,,
Inc for a change of zoning on property located on the west
side of Harrison, north of Five Mile Road in the Southwest 1/4
of Section 13 from R -9I and OS to R -C and R-1, be referred to
the Committee of the Whole for its report and recommendation
A roll call vote was taken on the motion to refer with the following result
AYES Bishop, Ochala and Feenstra.
NAYS. Toy, Taylor and Jurcisin.
The Vice President declared the resolution to refer denied.
A roll call vote was taken on the original resolution with the following result:
#1099-90 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 1, 1990, which sets
forth its resolution 9-438-90 adopted on September 18, 1990
with regard to Petition 90-8-1-17, submitted by Southwood
Construction Co., Inc. for a change of zoning on property located
on the west side of Harrison, north of Five Mile Road in the
Southwest 1/4 of Section 13 from R -9I and OS to R -C and R-1,
and the Council having conducted a public hearing with regard
to this matter on November 28, 1990, pursuant to Council
Resolution 927-90, the Council does hereby concur in the
recommendation of the Planning Commission and the said Petition
90-8-1-17 is hereby denied for the same reasons as those set
forth in the action taken by the Planning Commission.
AYES: Toy, Bishop, Taylor, Ochala, Feenstra and Jurcisin.
NAYS. None.
The Vice President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#1100-90 RESOLVED, that in accordance with Section 23 01(a)
of Ordinance 543, as amended, the Council does hereby request
that the City Planning Commission conduct a public hearing and
thereafter submit its report and recommendation on the question
of whether or not the property located on the west side of
Harrison, north of Five Mile in the Southwest 1/4 of Section
13 should be rezoned from R-91 and OS to R-2.
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
,nd unanimously adopted, it was
L#1101-90 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 1, 1990, which sets
forth its resolution 9-439-90 adopted on September 18, 1990
with regard to Petition 90-8-1-18, submitted by Southwood
Construction Co , Inc for a change of zoning on property located
on the west side of Harrison, north of Five Mile Road in the
Southwest 1/4 of Section 13 from OS to R-1, and the Council
having conducted a public hearing with regard to this matter
on November 28, 1990, pursuant to Council Resolution 927-90,
the Council does hereby reject the recommendation of the Planning
Commission and the said Petition 90-8-1-18 is hereby denied
for the following reasons
1. That the proposed R-1 zoning district will provide for
residential lot sizes which are incompatible to the
majority of the existing lot sizes in the neighboring
area.
2. That the proposed R-1 zoning district will provide for
a density of population that is in excess of the average
density of the neighborhood.
3. That the proposed change of zoning to the R-1 district
would tend to erode the large lot rural atmosphere which
characterizes the majority of the adjacent neighborhood.
26215
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
#1102-90 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 1, 1990, which sets
forth its resolution 9-440-90 adopted on September 18, 1990
with regard to Petition 90-8-1-19, submitted by Lendrum-Ronayne
Development Co. for a change of zoning on property located on
the north side of Joy Road between Stonehouse and Newburgh in
the Southeast 1/4 of Section 31, from R-7 to R-1, and the Council
having conducted a public hearing with regard to this matter
on November 28, 1990, pursuant to Council Resolution 927-90,
the Council does hereby concur in the recommendation of the
Planning Commission and the said Petition 90-8-1-19 is hereby
approved and granted, and the City Planner is hereby instructed
to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish
the same to the Department of Law and, upon receipt of such
map, the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this
resolution, further, the subject of the elevations and type
of construction of the proposed development is hereby referred
to the Committee of the Whole for its report and recommendation.
On a motion by Councilman Feenstra, seconded by Councilwoman Toy,
and unanimously adopted, it was
#1103-90 RESOLVED, that in accordance with Section 23 01(a)
of Ordinance 543, as amended, the Council does hereby request
that the City Planning Commission conduct a public hearing and,
thereafter, submit its report and recommendation on the question
of whether or not the property located at the Northwest corner
of Newburgh and Joy Roads should be rezoned from the C-1 zoning
classification to a more appropriate zoning classification.
On a motion by Councilman Taylor, seconded by Councilman Feenstra,
and unanimously adopted, it was
#1104-90 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 1, 1990, which sets
forth its resolution 9-441-90 adopted on September 18, 1990
with regard to Petition 90-8-1-20, submitted by William L.
Roskelly for Owen Cummings and Bernard McClorey for a change
of zoning on property located on the east side of Merriman Road
between Pembroke and Fargo in the Northwest 1/4 of Section 2,
from RUFA to R-3, and the Council having conducted a public
hearing with regard to this matter on November 28, 1990, pursuant
a -14I.
to Council Resolution 927-90, the Council does hereby concur
in the recommendation of the Planning Commission and the said
Petition 90-8-1-20 is hereby approved and granted, and the City
Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and,
upon receipt of such map, the Department of Law is requested
to prepare an ordinance amending Ordinance 543, as amended,
in accordance with this resolution.
On a motion by Councilman Taylor, seconded by Councilman Ochala,
and unanimously adopted, it was
it was
#1105-90 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 Councilman Feenstra, seconded by Councilman Ochala,
#1106-90 RESOLVED, that the City Engineer having filed with
the City Clerk a statement dated October 1, 1990 on all matters
required by Sections 3.08 060 of the Livonia Code of Ordinances,
as amended, and a first public hearing having been held thereon
on December 3, 1990, after due notice as required by Section
3 08 070 of said Code, and careful consideration having been
given to all such matters, the Council does hereby, pursuant
to Section 3 08 080 of said Code
(1) accept and approve said statement in all respects,
(2) determine to make the road improvement consisting
of a 27 foot wide concrete pavement with integral
curbs and gutters (Alternate I - modified) on Sunset
(Seven Mile to Clarita) and Clarita (Bainbridge to
Sunset), in the Northwest 1/4 of Section 11, City
of Livonia, Wayne County, Michigan, as described in
said statement; and to defray the cost of such
improvement by special assessment upon the property
especially benefited in proportion to the benefits
derived or to be derived,
(3) approve the plans and specifications for said
improvement as set forth in said statement dated October
1, 1990,
(4) determine that the cost of such improvement is $146,680,
26217
(5) determine that the cost of said improvement shall
be paid for in part by special assessments on the
property benefited thereby and in part by the City
at large, in proportions thereafter established,;
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall
be 15% of paving ($17,172.00) and 100% of drainage
($32,200.00) and that the balance of said cost and
expense of said public improvement amounting to 85%
of paving ($97,308.00) shall be borne and paid by
special assessments on all lands and premises in the
special assessment district as herein established
in proportion to the benefits to be derived therefrom,
(7) determine that assessments made for such improvement
may be paid in fifteen (15) annual installments together
with interest thereon on the unpaid balance,
(8) designate the assessment district, describing the
land and premises upon which special assessments shall
be levied as follows.
A Special Assessment District in the N.W 1/4 of Section
11, T 1S., R.H ., City of Livonia, Wayne County,
Michigan, described as containing the property shown
on the Special Assessment Plan and the Special
Assessment Roll.
(9) that the City Assessor is hereby directed to prepare
a special assessment roll including all lots and parcels
of land within the above district designated by the
Council and to assess to each such lot or parcel of
land such relative portions of the whole sum to be
levied against all lands in the special assessment
district as the special benefits to such lots or parcels
of land bear to the total benefit of all land and
also to enter upon such roll the amount which has
been assessed to the City at large, all in accordance
with the determination of the City Council, and
(10) that upon the completion of said roll the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3.08.100 of the Livonia Code
of Ordinances, as amended, of the City of Livonia
and file the same with the City Clerk who thereupon
is directed to present the same to the City Council
prior to the holding of the second public hearing
thereon as required by Section 3.08 110 of the said
Code.
rr• s
k roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Taylor, Ochala, Feenstra and Jurcisin.
NAYS: Toy.
The President declared the resolution adopted.
On a motion by Councilman Feenstra, seconded by Councilman Taylor,
and unanimously adopted, it was
#1107-90 RESOLVED, that the Council does hereby request that
the City Engineer and City Assessor, in the preparation of future
special assessment rolls, include therein the annual cost
projected with respect to each parcel contained in the proposed
special assessment roll.
On a motion by Councilman Feenstra, seconded by Councilman Ochala,
and unanimously adopted, it was
#1108-90 RESOLVED, that the City Engineer having filed witly
the City Clerk a statement dated October 3, 1990 on all matters
required by Sections 3.08.060 of the Livonia Code of Ordinances,
as amended, and a first public hearing having been held thereon
on December 3, 1990, after due notice as required by Section
3.08.070 of said Code, and careful consideration having been
given to all such matters, the Council does hereby, pursuant
to Section 3.08.080 of said Code:
(1) accept and approve said statement in all respects;
(2) determine to make the road improvement consisting
of approximately 4 inches of asphalt over existing
roadway (Alternate IV) on Hoy and Melvin in the
Northeast 1/4 of Section 23, City of Livonia, Wayne
County, Michigan, as described in said statement,
and to defray the cost of such improvement by special
assessment upon the property especially benefited
in proportion to the benefits derived or to be derived;
(3) approve the plans and specifications for said
improvement as set forth in said statement dated October
3, 1990,
(4) determine that the cost of such improvement is
$51,972.35;
(5) determine that the cost of said improvement shall
be paid for in part by special assessments on the
26219
property benefited thereby and in part by the City
at large, in proportions thereafter established,,
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall
be $2,128.00 (for 152 feet of paving), 15% of paving
($7,278.35) and 100% of drainage ($3,450.00) and that
the balance of said cost and expense of said public
improvement amounting to 80.6% of paving ($39,116.00)
shall be borne and paid by special assessments on
all lands and premises in the special assessment
district as herein established in proportion to the
benefits to be derived therefrom,
(7) determine that assessments made for such improvement
may be paid in ten (10) annual installments together
with interest thereon on the unpaid balance,
(8) designate the assessment district, describing the
land and premises upon which special assessments shall
be levied as follows:
A Special Assessment District in the N.E. 1/4 of Section
23, T.lS., R.H., City of Livonia, Wayne County,
Michigan, described as containing the property shown
on the Special Assessment Plan and the Special
Assessment Roll.
(9) that the City Assessor is hereby directed to prepare
a special assessment roll including all lots and parcels
of land within the above district designated by the
Council and to assess to each such lot or parcel of
land such relative portions of the whole sum to be
levied against all lands in the special assessment
district as the special benefits to such lots or parcels
of land bear to the total benefit of all land and
also to enter upon such roll the amount which has
been assessed to the City at large, all in accordance
with the determination of the City Council, and
(10) that upon the completion of said roll the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3.08.100 of the Livonia Code
of Ordinances, as amended, of the City of Livonia
and file the same with the City Clerk who thereupon
is directed to present the same to the City Council
prior to the holding of the second public hearing
thereon as required by Section 3.08.110 of the said
Code.
26220
On a motion by Councilman Taylor, seconded by Councilwoman Toy, and
unanimously adopted, this 1,190th Regular Meeting of the Council of the City of
Livonia was adjourned at 9:27 P.M., December 5, 1990.
ft'1464t�
Robert F. Nash, City Clerk
A
C