HomeMy WebLinkAboutCOUNCIL MINUTES 1989-09-25 25255
1160 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND SIXTY-FIRST REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 25, 1989, 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 8.00 P.M Councilman Taylor delivered the invocation.
Roll was called with the following result. Present Fernon P Feenstra,
Laura Toy, Robert R. Bishop, Joan McCotter, Gerald Taylor, Ron Ochala and Dale
Jurcisin, Absent. None
Elected and appointed officials present: Robert F Nash, City Clerk;
Robert D. Bennett, Mayor, Elaine Tuttle, City Treasurer, Harry Tatigian, City
Attorney, John Nagy, Planning Director, Gary Clark, Assistant City Engineer, Karen
Szymula, Director of Legislative Aff?irs , David Preston, Director of Finance, Jame:
LInglis, Director of Housing, Suzanne Wisler, Director of Community Resources, John
Fegan, Director of Building Inspection, Jeanne Treff, Cable TV Director and George
Sills, Superintendent of Public Service Division
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
#862-89 RESOLVED, that the minutes of the 1 ,160th Regular
Meeting of the Council of the City of Livonia, held September
6, 1989 are hereby approved.
A communication from the AFSCME Council 25 Staff Representative for Local
192, dated September 18, 1989 re Notice to Modify and/or Amend Agreement Opening
of Negotiations was received and placed on file for the information of the Council
On a motion by Councilwoman Toy, seconded by Councilwoman McCotter,
lip and unanimously adopted, it was
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#863-89 RESOLVED, that having considered a communication from
the Planning Commission, dated August 30, 1989, which transmits
the "Capital Improvement Program, 1990-1995" , the Council does
hereby refer this item to the Capital Improvement Committee
for its report and recommendation.
On a motion unanimously introduced, supported and adopted, it was
#864-89 WHEREAS, Laura M. Toy, co-owner of Cardwell Florist
in Livonia and Livonia City Councilwoman, has been awarded
the Livonia Chamber of Commerce Athena Award for 1989; and
WHEREAS, the Athena Award is a nation-wide award
of excellence created to honor individuals who attain the highest
level of professional excellence in recognizing and encouraging
the achievements of women in business, and
WHEREAS, nominees for the award are judged on various
criteria, demonstration of support of the goals of professional
women, demonstration of service to business and to the community,
and demonstration of creativity and initiative to enhancing
the efficiency of business and the stability of the community,
and
WHEREAS, Laura M. Toy exhibited success in meeting
all these criteria with a host of achievements and services
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council
of the City of Livonia, County of Wayne, State of Michigan,
do hereby take this means to congratulate and commend Laura
M. Toy for the honor which has been bestowed upon her by the
Livonia Chamber of Commerce Athena Award 1989
On a motion unanimously introduced, supported and adopted, it was
#865-89 WHEREAS, Harry C. Tatigian, City Attorney for the
City of Livonia, has been selected to receive the Distinguished
Municipal Attorney Award at the Annual Conference of the Michigan
Association of Municipal Attorneys, and
WHEREAS, various names were solicited from the municipal
attorneys of member municipalities and from the Board of
Directors of the Michigan Association of Municipal Attorneys,
and
WHEREAS, nominees for the award are judged on various
criteria by the Board of Directors in its selection for the
Distinguished Municipal Attorney Award• length of career as
municipal attorney, successful representation of municipal
interests before courts of the state, readiness to serve in
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any capacity to improve municipal law, leadership and ability
in the practice of municipal law during the years of
distinguished public service as municipal attorney for the
City of Livonia, integrity and dedication, and numerous other
criteria
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Livonia, County of Wayne, State of Michigan, does hereby
take this means to congratulate and commend Harry C. Tatigian
for the honor which has been bestowed upon him by the Board
of Directors of the Michigan Association of Municipal Attorneys
as the Distinguished Municipal Attorney.
A communication from the Finance Director, dated September 20, 1989,
forwarding various financial statements of the City of Livonia for the month ending
August 31 , 1989 was received and placed on file for the information of the Council
At the direction of the Chair, Item No. 28 b. , establishing a public
hearing date for the proposed expansion of Industrial Development District No.
46, Borg Warner Automotive, Inc. was removed from the Consent Agenda.
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
it was
#866-89 RESOLVED, that having considered a letter from Mrs.
Nancy K. Liddle, 28921 Grandon, Livonia, Michigan 48150, dated
August 31 , 1989, requesting the installation of curb drops
at the southwest corner of Grandon and Hartel and the northeast
corner of Joy and Harrison, the Council does hereby refer this
item to the Engineering Department for its report and
recommendation.
#867-89 RESOLVED, that having considered a petition submitted
by certain residents of the Castle Gardens Subdivision, received
by the office of the City Clerk on August 31 , 1989, requesting
the installation of street lights in their area, the Council
does hereby refer this item to the Engineering Department for
its report and recommendation.
#868-89 RESOLVED, that having considered a letter from Mr.
Joseph Boley, 15139 Ellen Drive, Livonia, Michigan 48154,
received by the office of the City Clerk on August 31 , 1989,
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wherein a request is submitted for the vacating of a certain
easement located at the rear of his property, the Council does
hereby refer this item to the City Planning Commission for
action and reLommendation in accordance with provisions of
law and City Charter.
A communication from the Arrangements Chairperson of the Livonia CROP
Committee, dated August 23, 1989 re the sixth "Livonia CROP Walk for the Hungry"
was received and placed on file for the information of the Council .
#869-89 RESOLVED, that having considered a letter from Mr.
Hagop Payaslian, 30355 Westfield, Livonia, Michigan 48150,
dated August 28, 1989, in connection with the payment of the
1987 winter taxes on his property, and having also considered
a report and recommendation from the City Treasurer, dated
September 18, 1989 with respect to this item, the Council does
hereby refer the same to the Department of Law for its report
and recommendation.
#870-89 RESOLVED, that having considered a communication from
the Chairman of the Arts Commission, dated August 31 , 1989,
approved by the Finance Director and approved for submission
by the Mayor, wherein a request is submitted for a waiver of
charges for Parks Maintenance personnel for services rendered
at the Livonia Arts and Crafts Festival at Greenmead on June
10 and 11 , 1989, in the amount of $943.68, the Council does
hereby approve the waiver of such charges in the manner and
form herein submitted.
#871-89 RESOLVED, that having considered a letter from the
Livonia Heart Fund, dated September 1 , 1989, the Council does
hereby determine as follows:
(1 ) That the Livonia Heart Fund is a worthy non-profit
charity in the community;
(2) That the City of Livonia shall be one of the
co-sponsors of the 1990 Golf Day Benefit, and
(3) That the Livonia Heart Fund is hereby granted approval
to use the Whispering Willows, Fox Creek and Idyl
Wyld Municipal Golf Courses on Wednesday, August
29, 1990, for the 13th Annual Golf Outing and that
all fees in connection therewith be waived.
#872-89 RESOLVED, that having considered a letter from the
Chairman of the 1989 Heritage Fair and the Livonia Historical
Commission, dated August 24, 1989, approved by the Finance
Director and approved for submission by the Mayor, wherein
a request is submitted for the waiving of charges for Building
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Maintenance personnel for the Heritage Fair conducted at
Greenmead on June 4, 1989, in the amount of $553 56, the Council
does hereby approve and waive the said charges in the manner
and form herein requested
#873-89 RESOLVED, that having considered a communication from
the City Librarian, dated August 22, 1989, which bears the
signature of the Finance Director and is approved for submission
by the Mayor, the Council does hereby authorize the Mayor and
City Clerk to execute the two attached agreements between the
City and Sonitrol Corporation which will upgrade the present
security system at the Noble and Sandburg Libraries and which
agreements are for terms of five years, the Noble Branch Library
Agreement being in the amount of $384 00 per quarter, and the
agreement for the Sandburg Branch Library in the amount of
$357.00 per quarter, further, the Council does hereby authorize
the said agreements without competitive bidding in accordance
with the provisions set forth in Section 3.04 140D5 of the
Livonia Code of Ordinances, as amended
#874-89 RESOLVED, that the Council does hereby request that
the Cable Television Commission submit its report and
recommendation on the status of providing security systems
for City buildings in accordance with the franchise agreement
between the City of Livonia and Metrovision.
#875-89 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated August 23, 1989, approved for submission by the Mayor
and Finance Director, and which sets forth Parks and Recreation
Commission resolutions 2042-89 and 2019-89, wherein it is
requested that the Council endorse grant applications for the
Quality of Life Bond Issue of 1988 for Clement Circle Park,
Devonaire Woods, Veterans Park and Rosedale Park, the Council
does hereby concur in and approve such action.
A communication from the Chairman of the Traffic Commission, dated August
16, 1989 re CR 645-89 and possible elimination of access to Shadyside, North of
Seven Mile Road from Joe' s Produce Markets was received and placed on file for
the information of the Council
#876-89 RESOLVED, that having considered a communication from
the Director of Housing, dated August 29, 1989, which bears
the signature of the Finance Director and is approved for
submission by the Mayor, and which sets forth the recommendation
of the Housing Commission, wherein a rental increase is proposed
effective December 1 , 1989, establishing the following rental
rates for the properties listed,
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Proposed
2 Bedroom
$133
29149 Morlock
20121 Floral
27545 Long
11683 Cardwell
3 Bedroom
11910 Cardwell $200
12411 Arcola
31220 Hathaway
19941 Deering
9880 Harrison
11784 Arcola
9700 Newburgh
33916 Five Mile
9400 Newburgh
4 Bedroom $266
20120 Deering
the Council does hereby concur in and approve of such action.
#877-89 RESOLVED, that having considered a communication from
the Director of Housing, dated August 29, 1989, which bears
the signature of the Finance Director and is approved for
submission by the Mayor, and which sets forth the recommendation
of the Housing Commission wherein a rental adjustment be
authorized increasing rental rates for Silver Village effective
December 1 , 1989 as follows:
Adjusted Rent
Bedroom Size (Effective 12-1-89
One Bedroom $215.00
Two Bedroom $245.00
the Council does hereby concur in and approve of such action.
A communication from the Director of the Livonia Housing Commission,
dated August 29, 1989 re Livonia Housing Commission Application for Federal Decontrol
Status was received and placed on file for the information of the Council .
#878-89 RESOLVED, that having considered a communication from
Lthe Judges of the 16th District Court, dated September 3, 1989,
to which is attached Administrative Order No. 611 , wherein
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Dennis E. Epler is appointed as a Magistrate of the 16th District
Court, commencing on October 5, 1989 at an annual compensation
rate in the amount of $29,000.00 per year with benefits afforded
full-time employees, the Council does hereby concur in and
approve of the said appointment and rate of compensation.
A communication from the Chief of the Livonia Division of Police, dated
September 6, 1989 re 38703 Seven Mile Road - Class C License (Cooker Bar & Grille)
was received and placed on file for the information of the Council .
A communication from the Chief of the Livonia Division of Police, dated
September 6, 1989 re 37714 Six Mile, Class C License (Max & Erma's Restaurants,
Inc. ) was received and placed on file for the information of the Council .
#879-89 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
September 5, 1989, which bears the signature of the City Attorney
and the Finance Director, and is approved for submission by
the Mayor, to which is attached a proposed agreement between
the City of Livonia and Northwest Transport Co. to provide
specialized transportation services for non-transferable
handicapped persons in Northwest Wayne County, Farmington and
Farmington Hills, and a proposed agreement between the City
of Livonia and SMART for support of this program, the Council
does hereby authorize the Mayor and City Clerk to execute the
said agreements in the manner and form herein described, subject
to the approval , as to form, of the Department of Law.
#880-89 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 30, 1989,
approved for submission by the Mayor, the Council does hereby
amend Item No. 7 of Council Resolution 884-88, adopted on
September 14, 1988, as amended by Council Resolution 258-89,
so as to reduce the financial assurances now on deposit with
the City for sidewalk improvements to $6,000.00, of which
$2,000.00 shall be in cash, in the Regency Circle Subdivision
No. 2, located in the Southwest 1/4 of Section 31 , and the
financial assurances now on deposit with the City, if any,
shall be reduced accordingly; further, the Council does hereby
authorize the release to Regency Circle Associates, Mr. Richard
M. Lewiston, 21790 Coolidge Highway, Oak Park, Michigan 48237,
the proprietor of the Regency Circle Subdivision No. 2 of the
financial assurances previously deposited with respect to
entrance markers in the amount of $5,000.00 (of which $1 ,000.00
was to be in cash) ; 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
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installed in accordance with the rules and regulations and
ordinances of the City of Livonia.
#881-89 RESOLED, that having considered the report and
recommendation of the City Engineer, dated August 30, 1989,
approved for submission by the Mayor, the Council does hereby
authorize the release to Regency Circle Associates, Mr. Richard
M. Lewiston, 21790 Coolidge Highway, Oak Park, Michigan 48237,
the proprietor of the Regency Circle Subdivisicn, located in
the Southwest 1/4 of Section 31 , the financial assurances
previously deposited with respect to sidewalk improvements,
in the sum of $12,500.00, of which $2,000.00 was to be in cash
and the entrance marker in the amount of $5,000.00, of which
$1 ,000.00 was to be in cash, pursuant to Council Resolution
57-88, adopted on January 27, 1988, and subsequently amended
in Council Resolution 738-88, further, all other financial
assurances now on deposit with the City 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.
#862-89 RESOLVED, that having considered the report and
Iwo recommendation of the Historic Preservation Commission, dated
September 11 , 1989, which bears the signature of the Director
of Community Resources, is approved by the Finance Director
and approved for submission by the Mayor, and to which is
attached a proposal submitted by Simpson Granite Works, 23466
Grand River, Detroit, Michigan 48219, for the Clarenceville
Cemetery Monuments Restoration, dated August 31 , 1989, the
Council does hereby authorize the said Simpson Granite Works
to complete Phase I and Phase II of this proposed project for
a sum not to exceed $5,000.00, the same to be appropriated
and expended from Account No. 101-736-974-000; further, the
Council does hereby authorize the said item without competitive
bidding in accordance with the provisions set forth in Section
3.04.140D5 of the Livonia Code of Ordinances, as amended.
#883-89 RESOLVED, that having considered a communication from
the Livonia Historical Commission, dated September 10, 1989,
which bears the signature of the Director of Community Resources,
approved by the Finance Director and approved for submission
by the Mayor, with regard to the renewal of the contract between
the City of Livonia and Suzanne Daniel , a member of the Livonia
Historical Commission, as designated by the Commission,
authorizing the purchase by this member of artifacts and
furnishings, the Council does hereby authorize the said extension
in the manner and form herein recommended for a one year period,
I.• the said one year extension to be based upon the same terms
and conditions as those which are set forth in a contract dated
25263
Lis June 18, 1986, which contract was previously authorized in
Council Resolution 536-86, adopted on June 4, 1986, and
thereafter authorized to be renewed in Council Resolution 488-87,
adopted on June 3, 1987, and in C)uncil Resolution 543-88,
adopted on June 22, 1988; and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia,
to affix their signatures to the said contract extension, which
contract shall be prepared by the Department of Law in accordance
with the action taken herein.
#884-89 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
September 5, 1989, approved by the Finance Director and approved
for submission by the Mayor, the Council does, for and on behalf
of the City of Livonia, accept the following grants in the
following service categories and funding sources and approve
execution of the contract with The Senior Alliance*
Personal Care $15,781 (Federal )
Homemaker $13,416 (Federal )
Chore $10,115 (Federal )
further, the Council does hereby approve the attached grant
classifications and pay rates which shall commence on October
1 , 1989 and terminate on September 30, 1990, with the only
110 benefit provided being Holiday Pay after completion of 480
hours.
#885-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 28, 1989, which
transmits its resolution 8-178-89, adopted on August 15, 1989,
with regard to Petition 89-7-2-43, submitted by Jim Meinershagen
for Shorr Electronics, requesting waiver use approval to utilize
an existing building for the installation of automotive
electronic equipment on property located on the north side
of Plymouth Road between Merriman and Hubbard Roads in the
Southwest 1/4 of Section 27, which property is zoned C-2, the
Council does hereby refer this item to the Committee of the
Whole for its report and recommendation.
#886-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 28, 1989, which
transmits its resolution 8-180-89, with regard to Petition
89-8-3-5, submitted by the City Planning Commission, pursuant
to Council Resolution 584-89, requesting the vacating of a
drainage easement located on Lots 178 through 186 and 211 ,
212 and 213 of the Sunset Hills Subdivision located on the
west side of Middlebelt between Curtis and Clarita in the
Northeast 1/4 of Section 11 , the Council does hereby concur
in the recommendation of the City Planning Commission and does
Im. grant and approve Petition 89-8-3-5, and the Department of
Law is hereby requested to prepare the necessary vacating
ordinance in accordance with this resolution.
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Iwp #887-89 RESOLVED, that having considered the report and
recomrrendation of the Department of Law, dated August 28, 1989,
approved for submission by the Mayor, and submitted pursuant
to Council Resolution 620-89 in connection with a letter from
Mrs. Kimberly Bohley, 17325 Purlingbrook, Livonia, Michigan
48152, dated June 14, 1989, expressing an interest in the
purchase of certain City-owned property located at the corner
of Six Mile and Purlingbrook (Lot Nos. EE1A1 and EE1A2) , in
the Southeast 1/4 of Section 11 , the Council does hereby
determine to take no further action at this time
#888-89 RESOLVED, that having considered a letter from the
Kingsbury Heights - Renwick Park Civic Association, dated
September 15, 1989, regarding the installation of identification
signs as entrance markers at the entrances to the Kingsbury
Heights - Renwick Park Subdivision, the Council does hereby
request that the Department of Law prepare an appropriate
agreement by which the City gives authorization to the Kingsbury
Heights - Renwick Park Civic Association to use the necessary
portions of the rights-of-way, and the Mayor and City Clerk
are hereby requested to affix their signatures to the aforesaid
agreement, for and on behalf of the City of Livonia, in this
regard
889-89 RESOLVED, that having considered a communication from
the City Engineer, dated September 8, 1989, approved for
submission by the Mayor, and submitted pursuant to Council
Resolution 287-87, and the City Engineer having ascertained
the assessed valuation of all property affected by the proposed
street improvement of Hillcrest Avenue, North of Seven Mile
Road, in the Southwest 1/4 of Section 2, and such report having
indicated the number of parcels which show tax delinquencies,
the number of parcels owned by public authorities, the number
of parcels which are vacant, and having prepared and caused
to be prepared plans and specifications therefor and an estimate
for the cost thereof, and to file the same with the City Clerk
together with his recommendation as to what proportion of the
cost should be paid by special assessment and what part, if
any, should be a general obligation of the City, the number
of installments in which assessments may be paid and the lands
which should be included in the proposed special assessment
district, and it appearing to the Council that all of such
information, estimate, plans, specifications and recommendations
have been properly filed by the City Engineer with the City
Clerk under date of September 8, 1989, and that there has been
a full compliance with all of the provisions of Section 3 08 060
of the Livonia Code of Ordinances, as amended, the Council
does hereby set Wednesday, November 15, 1989 at 8 00 P M
as the date and time for a public hearing on the Necessity
for such proposed improvement which public hearing shall be
held before the Council in the Livonia City Hall , 33000 Civic
25265
Center Drive, Livonia, Michigan, pursuant to Section 3.08 070
of said Livonia Code of Ordinances, as amended, and the City
Clerk is hereby authorized to give notice and publication of
such hearing as is required by Section 3 08.070 of said Code.
#890-89 RESOLVED, that having considered a communication from
the Mayor, dated September 15, 1989, the Council does hereby
determine te conduct a public hearing on Tuesday, October 10,
1989 at 8:0C P M. , at the City Hall , 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items.
1 . The proposed annual budget for the City of Livonia
for the fiscal year commencing December 1 , 1989, and
2 The public hearing required by Act 5 PA 1982, in
connection with the Truth in Taxation hearing;
and the City Clerk shall give adequate public notice of said
public hearings in accordance with the provisions of law and
City Charter
A roll call vote was taken on the foregoing resolutions with the following results
AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra
IMONAYS: None
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
and unanimously adopted, it was
#891-89 WHEREAS, the City of Livonia has received a request
from Gordon and Green, P.0 , legal counsel for Kirco Realty
and Development, Ltd , dated September 15, 1989, which submits
an application proposing the expansion of an industrial
development district, and
WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as
amended, this Council has authority to expand "industrial
development districts" within the boundaries of the City of
Livonia, and
WHEREAS, there is located within the boundaries of the City
of Livonia an area of approximately 37.298 acres lying in the
Southeast 1/4 of Section 26, as more particularly described
in Exhibits A and B in the attachment to the application which
is hereby incorporated by reference and which is hereinafter
referred to as "Proposed City of Livonia Industrial Development
District No. 46" ,
25266
lb. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as
follows
1 . The City Clerk is directed to give written notice by
certified mail of this action to all owners of real
property within the boundaries of Proposed City of
Livonia Industrial Development District No 46.
2. This City Council sets Monday, October 16, 1989 at
7,00 P.M as the date for the holding of a public hearing
on the question of whether this City Council should
expand the Industrial Development District described
above
3. This City Council directs the City Clerk to provide
notice, as required by law, of the public hearing fixed
above, so that all residents or taxpayers of the City
of Livonia shall be afforded an opportunity to be heard
on the question of expanding the Industrial Development
District described aboVG.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#892-89 RESOLVED, that having considered the report and
Ift. r���m�SDda�i�D Of thG C�m�itt�� of th� WhOle, d��Sd 5GptS�bgr
11 , 1989, and submitted pursuant to Council Resolution 1001-88,
in connection with a communication from the Department of Law,
dated September 30, 1988, approved fPr submission by the Mayor,
with regard to the rental/sale of property located at 29157
Perth, and having also considered a letter from Mr. and Mrs.
Gerald R. Cyrul , dated October 12, 1988, the Council does
hereby determine to take no further action.
On a motion by Councilwoman McCotter, seconded by Councilwoman Toy,
it was
1893-89 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
11 , 1989" and submitted pursuant to Council Resolution 511-89,
in connection with a communication from the City Planning
Commission, dated April 27, 1989, which transmits its resolution
4-67-89, adopted on April 4, 1989, with regard to Petition
89-3-8-11 submitted by Fred J. Armour, requesting site plan
approval in connection with a proposal to construct a retail
sales building located on the north side of Seven Mile Road
between Farmington Road and Shadyside in the Southwest 1/4
�
of Section 3, pursuant to the provisions set forth in Section
25267
lis 18 47 of Ordinance 543, as amended, the Council does hereby
concur in the recommendation of the Planning Commission and
Petition 89-3-8-11 is hereby approved and granted, such approval
to be based upon the revised site plan dated September 18, 1989
and the same conditions as those set forth in the aforesaid
recommendation of the Planning Commission, as well as the
following additional conditions
1 To continue with three soldier courses of brick around
the North elevation, and
2 Installation of either side-lights or shutters on the
North elevation doors
A roll call vote was taken on the foregoing resolution with the following result
AYES Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra
NAYS Taylor
The President declared the resolution adopted
On a motion ty Councilman Jurcisin, seconded by Councilman Ochala,
Lit was
#894-89 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
11 , 1989, and submitted pursuant to Council Resolution 594-89
with regard to the proposed two year extension of the current
contract between the City of Livonia and the Michigan Humane
Society for animal shelter service, and having also considered
a letter dated September 14, 1989 from the Director of Public
Works, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute
the attached agreement (as revised) which would extend the current
contract between the City of Livonia and the Michigan Humane
Society for animal shelter services for a two year period, at
no increase in cost
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop and McCotter
NAYS Feenstra
The President declared the resolution adopted
On a motion by Councilman Taylor, seconded by Councilman Ochala,
and unanimously adopted, it was
25268
#895-89 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
11 , 1989, and submitted pursuant to Council Resolution 547-89
in connection with a communication from the Department of Law,
dated May 18, 1989, approved for submission by the Mayor, to
which is attached a Notice of Class Action lawsuit seeking
reimbursement for Court operational expenses, the Council does
hereby refer this item to the Department of Law for an updated
report and recommendation
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
#896-89 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
13, 1989, and submitted pursuant to Council Resolution 698-89
in connection with a communication from the City Planning
Commission, dated April 28, 1989, which sets forth its resolution
4-70-89, adopted on April 18, 1989, with regard to Petition
89-1-1-1 , submitted by Renate Goettmann, for a change of zoning
on property located on the west s;Jc of F?rmington Road betweFn
Eight Mile and Norfolk Avenue in the Northeast 1/4 of Section
4, from RUFA to P S , and the Council having conducted a public
hearing with regard to this matter on June 19, 1989, pursuant
to Council Resolution 432-89, the Council does hereby concur
in the recommendation of the Planning Commission and Petition
89-1-1-1 is hereby denied for the same reasons as those set
forth in the action taken by the Planning Commission
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#897-89 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
13, 1989, and submitted pursuant to Council Resolution 699-89
in connection with a communication from the City Planning
Commission, dated April 28, 1989, which sets forth its resolution
4-72-89, adopted on April 18, 1989, with with regard to Petition
89-1-1-3, submitted by Boggio Associates, Inc for Building
Company of America, for a change of zoning on property located
on the west side of Farmington Road, south of Eight Mile Road
in the Northeast 1/4 of Section 4, from RUFA to P S , and the
Council having conducted a public hearing with regard to this
matter on June 19, 1989, pursuant to Council Resolution 432-89,
the Council does hereby concur in the recommendation of the
IwoPlanning Commission and Petition 89-1-1-3 is hereby denied for
25269
the same reasons as those set forth in the action taken by the
Planning Commission
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#898-89 RESOLVED, that raving considered the report and
recommendation of the Committee of the Whole, dated September
13, 1989, and submitted pursuant to Council Resolution 488-89
in connection with a communication from the City Engineer, dated
May 11 , 1989, approved for submission by the Mayor, and to which
is attached a City of Livonia Comprehensive Traffic Study and
Roadway Improvement Plan prepared by Goodell-Grivas, Inc , dated
May, 1989, the Council does hereby request reports and
recommendations from the Traffic Commission, Police Department,
the Director of Public Works, the City Engineer and the City
Planner
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
#899-89 RESOLVED, that having considered the report and
recommendation of the Finance and Insurance Committee, dated
September 20, 1989, and submitted pursuant to Council Resolution
678-89 in connection with a letter from the City Treasurer,
dated June 29, 1989, and submitted pursuant to Council Resolution
435-89, with regard to an audit report comment wherein it was
recommended that the City Treasurer relinquish all blank checks
by delivering same to the Finance Director, the Council does
hereby determine to take no further action since the said blank
checks have been reported as being destroyed, further, it is
hereby agreed by all parties concerned that original bank
statements and charges, including copies of checks, will be
filed with the City Treasurer after reconciliation by the Finance
Director
On a motion by Councilman Taylor, seconded by Councilman Ochala,
and unanimously adopted, it was
#900-89 RESOLVED, that having considered the report and
recommendation of the Finance and Insurance Committee, dated
September 20, 1989, and submitted pursuant to Council Resolution
762-89 in connection with a letter from the Director of Finance,
dated July 28, 1989, approved for submission by the Mayor, and
Imo submitted pursuant to Council Resolution 436-89, with regard
to establishing internal control on weed cutting receivables
25270
in accordance with the recommendation set forth in the audit
report for the fiscal year ending November 30, l886, which was
completed by Plante & Moran, the Council does hereby refer this
item to the Mayor, Finance U rector and the City Treasurer for
disposition
Councilman Bishop took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 090 AND 100
OF TITLE 12, CHAPTER 04 (STREETS AND
SIDEWALKS) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result~
AYES: Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra
NAYS' None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
lbw
Councilman Bishop took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 290 OF TITLE
16, CHAPTER 24 (IMPROVEMENTS) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES. Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Ochala left the podium at 8:23 P.M *
Councilwoman McCotter took from the table, for second reading and adoption,
Lithe following Ordinance
25271
AN ORDINANCE VACATING PORTIONS OF STREET,
Ni- ALLEY �ND PUB[IC GROUND, /PetitfOn 89-5-3-3\
A roll call vote was taken on the foregoing Ordinance with the following result`
AYES Taylor, Jurcisin, Toy, Bishop, McCotter and Fe8nstra.
NAYS, None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
*Councilman Ochala asked that the record reflect that he disqualified himself from
discussion of this item as he had recently received a referral for a real estate
Client from the petitioner This referral was in no way related to the agenda item.
However, after discussion with the City Attorney, Ochala took this action so as
to avoid an appearance of any conflict of interest Ochala returned to the podium
at 8 24 p m
LCouncilwoman Toy took from the table for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTIONS 060*070
and 110 OF TITLE 16, CHAPTER 32 (LOT
PARTITION) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance
25272
lim AN ORDINANCE AMENDING SECTION 11 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE" BY ADDING CHAPTER 3.
THERETO (Petition 89-4-1-13)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES• Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra.
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilman Jurcisin took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 12 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 89-5-1-15)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra.
NAYS None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Ochala left the podium at 8.29 P M.*
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance.
AN ORDINANCE AMENDING SECTION 5 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
ib. ZONING ORDINANCE" BY ADDING SECTION 3
THERETO. (Petition 89-5-1-16)
25273
A roll call vote was taken on the foregoing Ordinance with the following result
---
AYES Tailor, Jurcisin , Toy, Bishop, McCotter and Feenstra
NAYS None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
*Councilman Ochala asked that the record reflect that he disqualified himself from
discussion of this item as he had recently received a referral for a real estate
client from the petitioner This referral was in no way related to the agenda item.
However, after discussion with the City Attorney, Ochala took this action so as
to avoid an appearance of any conflict of interest Ochala returned to the podium
at 8 31 P M.
Councilwoman McCotter took from the table, for second reading and adoption,
is the following Ordinance
AN ORDINANCE AMENDING SECTION 14 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 89-5-1-18\
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Jurcisin took from the table, for second reading and adoption,
the following Ordinance
LI AN ORDINANCE AMENDING SECTION 24 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
25274
ARTICLE III OF ORDINANCE NO 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA
L ZONING DRDINANCE« RY ADDING 3ECTIUM 3
THERETO (Petition 89-5-l-l9)
A roll call vote was taken on the foregoing Ordinance with the following result'
AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra
NAYS None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 6 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO. 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE" BY ADDING SECTION 3.
THERETO (Petition 89-4-1-9\
L. A roll call vote was taken on the foregoing Ordinance with the following result`
AYES' Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
and unanimously adopted, it was
#901-89 RESOLVED, that having considered a letter from Thomas
C. Carravallah, 29688 Orangelawn, Livonia, Michigan 48150,
received by the office of the City Clerk on August 28, 1989,
and to which is attached a petition from certain residents on
Orangelawn between Middlebelt and Louise requesting that the
protective wall of the Wonderland Mall parking lot that adjoins
their property be increased in height so as to abate the problems
referred to, the Council does hereby refer this item to the Comm-
ittge of the Whole for its report and recommendation.
25275
communication from the Chief of the Livonia Division of Police, dated
LA
3eptember 6, 1989, re 37716 Six Mile - Class C License (Real Seafood Company) was
received and placed on file for the information of the Council
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
#902-89 RESOLVED, that the Council does hereby determine to
take no further action with regard to the matter of the name
designation of the restaurant to be operated by Real Seafood
Company of Laurel Park Place, Inc. , at 37716 Six Mile Road,
Livonia, Michigan
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#903-89 RESOLVED, that having considerea ihe report and
recommendation of the City Engineer, dated August 30, 1989,
which bears the signature of the Finance Director and the
�
Superintendent of Parks and Recreation and is approved for
N�w
submission by the Mayor, the Council does hereby authorize final
payment in the amount of $3,851 40 to South Hill Construction
Company, 51490 Pontiac Trail , Wixom, Michigan, which sum includes
the full and complete balance due on a contract which was
authorized in Council Resolution 16-89 in the amount of
$56,995.00, the actual contract amount completed to date being
$00,840,40, in connection with the Whispering Willows Golf Course
pond improvement, it appearing from the aforementioned report
that all work under the said contract has been completed in
accordance with City standards and specifications, and that
the necessary contractor' s affidavit, appropriate waivers and
warranties, maintenance and guarantee bond have been filed ,
and for this purpose, the Council does hereby appropriate and
authorize the expenditure of an additional sum of $3,851 .40
from the Golf Course Capital Projects Fund Account
On a motion by Councilman Bishop, seconded by Councilwoman McCotter,
it was
#904-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 1 , 1989, which
transmits its resolution 8-191-89, adopted on August 29, 1089,
L with regard to a sign permit application, submitted by Poblocki
25276
& Sons for a ground sign to be located at the Target Store in
the Wonderland Shopping Mall , the Council does hereby refer
UK this item to the Comrittee of the Whole for its report and
recomnendation,
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Jurcisin, Bishop, McCotter and Feenstra.
NAYS. Ochala and Toy
The President declared the resolution adopted
On a motion by Councilman Bishop, seconded by Councilwoman McCotter,
it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated September 1 , 1989, which
transmits its resolution 8-187-89, adopted on August 29, 1989,
with regard to Petition 89-7-2-40, submitted by 5-Newburgh Deli ,
requesting waiver use approval to operate a delicatessen with
customer seating within an existing building located ci.n thc
west side of Newburgh Road, north of Five Mile Road in the
Southwest 1/4 of Section 18, which property is zoned C-2, the
Council does hereby refer this item to the Committee of the
L Whole for its report and recommendation
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
it was
RESOLVED, that the Council does hereby determine, in
lieu of the foregoing resolution, to substitute the following
RESOLVED, that having considered a communication from
the City Planning Commission, dated September 1 , 1989, which
transmits its resolution 8-187-89, adopted on August 29, 1989,
with regard to Petition 89-7-2-40, submitted by 5-Newburgh Deli ,
requesting waiver use approval to operate a delicatessen with
customer seating within an existing building located on the
west side of Newburgh Road, north of Five Mile Road in the
Southwest 1/4 of Section 18, which property is zoned C-2, the
Council does hereby reject the recommendation made by the City
Planning Commission and Petition 89-7-2-40 is hereby denied
for the following reasons
1 That the petitioner has failed to affirmatively show
that the proposed use is in compliance with all of the
� general waiver use standards and requirements set forth
���
in Section 19 06 of the Zoning Ordinance No 543
25277
Lbw 2 That the proposed use would tend to overburden the subject
site in that the available off-street parking and access
to and from the site is limited
3 The proposed use is incompatible to and not in harmony
with the surrounding uses in the area
A roll call vote was taken on the motion to substitute with the following result
AYES Taylor, Ochala, Jurcisin and Feenstra
NAYS Toy, Bishop and McCotter
The President declared the resolution to substitute adopted
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
it was
#905-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 1 , 1989, which
transmits its resolution 8-187-89, adopted on August 29, 1989,
with regard to nc+ition 89-7-2-40, submitted by 5-Newburgh Deli ,
requesting waiver use approval to operate a delicatessen with
imm customer seating within an existing building located on the
west side of Newburgh Road, north of Five Mile Road in the
Southwest 1/4 of Section 18, which property is zoned C-2, the
Council does hereby reject the recommendation made by the City
Planning Commission and Petition 89-7-2-40 is hereby denied
for the following reasons
1 That the petitioner has failed to affirmatively show
that the proposed use is in compliance with all of the
general waiver use standards and requirements set forth
in Section 19 06 of the Zoning Ordinance No 543
2 That the proposed use would tend to overburden the subject
site in that the available off-street parking and access
to and from the site is limited
3 The proposed use is incompatible to and not in harmony
with the surrounding uses in the area
A roll call vote was taken on the substitute resolution with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter and Feenstra
NAYS None
Imis The President declared the resolution adopted
25278
On a motion by Councilman Ochala, seconded by Councilman Taylor,
and unanimously adopted, it was
#906-89 WHEREAS, the City Council of the City of Livonia, County
of Wayne, Michigan, intends to authorize the issuance and sale
of its Water Supply and Sewage Disposal System Revenue Bonds,
Series 1989 (Limited Tax General Obligation) pursuant to Act
94, Public Acts of Michigan, 1933, as amended, in an amount
Of not to exceed Five Million Dollars ($5,000,000) , for the
purpose of defraying the City's share of the cost of acquiring
and constructing additions, extensions and improvements to the
City' s Water Supply and Sewage Disposal System, and
WHEREAS, prior to issuance of bonds the City must either
receive prior approval of the bonds from the Michigan Department
of Treasury or be exempt from prior approval as provided in
Chapter III, Section II of Act 202, Public Acts of Michigan,
1943, as amended, and
WHEREAS, in order to be exempt from prior approval ,
the City must notify the Department c; Treagury of its intent
to issue the bonds and must agree to pay the filing fees required
by the aforesaid act.
NOW, THEREFORE, BE IT RESOLVED THAT
1 . The Finance Director is authorized to notify the
Department of Treasury of the City's intent to issue the bonds
described in the preamble to this resolution and request an
order providing an exception for the bonds from prior approval
by the Department of Treasury
2. The City agrees to pay to the state the filing
fees prescribed by law in connection with the issuance of an
obligation with respect to the bonds described in the preamble
to this resolution
3 All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution by and
the same hereby are rescinded
On a motion by Councilman Bishop, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#907-89 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated September 18,
�
1989, approved for submission by the Mayor, to which is attached
25279
an agreement between the City of Livonia and New World Systems,
Corp , 1700 W Big Beaver, Suite 355, Troy, Michigan 48084,
which would provide maintenance for software application as
listed undLr Section 4 and would also provide services as listed
under Section 2 of the proposed agreement and which agreement
would be for the period October 1 , 1989 through September 30,
1990 and wherein New World Systems would reduce their hourly
cost for support services and their annual maintenance fee from
their original offer, 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, subject to approval as to form by the City Attorney,
and 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
On a motion by Councilman Taylor, seconded by Councilman Ochala,
and unanimously adopted, it was
#908-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 28, 1989, which cots
forth its resolution 7-158-89, adopted on July 18, 1989, with
regard to Petition 89-5-1-21 , submitted by the City Planning
Commission for a change of zoning on property located on the
north side of Seven Mile Road between Lathers Avenue and Angling
Road in the Southeast 1/4 of Section 1 , from RUF to C-1 and
P, and the Council having conducted a public hearing with regard
to this matter on September 11 , 1989, pursuant to Council
Resolution 773-89, the Council does hereby concur in the
recommendation of the Planning Commission and the said Petition
89-5-1-21 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 Ochala, seconded by Councilwoman Toy,
and unanimously adopted, it was
#909-89 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No 327 for a proposed road improvement consisting of a 31 ft.
wide asphalt pavement with concrete curbs and gutters (Alternate
lis II) on Shadyside Avenue for a distance of 240' north of Seven
Mile Road in the Southwest 1/4 of Section 3, in the City of
25280
lin Livonia, Wayne County, Michigan, as required by the provisions
of the City Charter and Title 3, Chapter 8 of the Livonia Code
of Ordinances, as amended, a public hearing thereafter having
been held thereon on September 11 , 1989 at the City Hall , 33000
Civic Center Drive, Livonia, Michigan, and the City Council
having duly met and reviewed the special assessments levied
in the special assessment roll as prepared by the City Assessor
to cover the district portion of the cost of a street improvement
to be constructed in Special Assessment District No. 327, and
WHEREAS, the City Council has heard and carefully considered
all objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1 ) The City Council does hereby determine that the
assessments set forth in said Special Assessment Roll
dated July 24, 1989, in the amount of $25,031 00,
are fair and equitable and based upon benefits to
be derived by construction of improvements proposed
in said district, in accordance with the plans of
the City Engineer and resolutions of the City Council ,
(2) Said Special Assessment Roll No 327 is hereby approved
and confirmed in all respects,
Imo (3) The amount of said roll shall be divided into ten
(10) equal annual installments with interest at the
rate of eight (8%) per annum on the unpaid balance
of the assessment from December 1 , 1990 Said interest
shall be payable on each installment due date, provided,
however, that after the issuance of bonds in
anticipation of the collection of the unpaid assessments
on the said special assessment roll , said rate of
interest shall be not more than 1% above the average
rate of interest borne by said bonds In such cases
where the installments will be less than Ten Dollars
($10 00) the number of installments shall be reduced
so that each installment shall be above and as near
Ten Dollars ($10 00) as possible The first installment
shall be due and payable December 1 , 1991 and subsequent
installments on December 1st of succeeding years
(4) Pursuant to the provisions of Section 3 08 130 of
the Livonia Code of Ordinances, as amended, the City
Clerk shall endorse the date of confirmation on the
assessment roll , and the said assessment roll shall
then be immediately transmitted to the City Treasurer
who shall then publish notice as is required by Section
3 08 190 of the Livonia Code of Ordinances, as amended,
and mail assessment statements to the respective
property owners assessed in the manner and substance
as provided by said Section 3 08 190 Any property
25281
1160 owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December
1 , 1990,
(5) The first installment shall be spread upon the 1991
City tax roll in the manner required by Section 3 08 210
of the Livonia Code of Ordinances, as amended, together
with interest upon all unpaid installments from December
1 , 1990, and thereafter one (1 ) installment shall
be spread upon each annual tax roll together with
one (1 ) years interest upon all unpaid installments,
provided, however, that when any annual installment
shall have been prepaid in the manner provided in
Title 3, Chapter 8 of the Livonia Code of Ordinances,
as amended, either within the sixty (60) day period
as provided by Section 3 08 200, or after the expiration
of the sixty (60) day period as provided by Section
3 08 220 then there shall be spread upon the tax roll
for such year only the interest for all unpaid
installments, and
(6) The City Council does hereby determine to pay 15%
of the paving costs ($3,135 00), 100% of drainage
costs ($4,025 00) and 240 ao2essable feet ($11 ,040 00)
for a total amount of $18,200 00
lowOn a motion by Councilwoman Toy, seconded by Councilman Ochala,
and unanimously adopted, it was
#910-89 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 328 for a proposed road improvement consisting of a 31 ft
wide asphalt pavement with concrete curbs and gutters (Alternate
II) on Westmore Avenue for a distance of 150' north of Seven
Mile Road in the Southwest 1/4 of Section 3, in the City of
Livonia, Wayne County, Michigan, as required by the provisions
of the City Charter and Title 3, Chapter 8 of the Livonia Code
of Ordinances, as amended, a public hearing thereafter having
been held thereon on September 11 , 1989 at the City Hall , 33000
Civic Center Drive, Livonia, Michigan, and the City Council
having duly met and reviewed the special assessments levied
in the special assessment roll as prepared by the City Assessor
to cover the district portion of the cost of a street improvement
to be constructed in Special Assessment District No 328, and
WHEREAS, the City Council has heard and carefully considered
all objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1 ) The City Council does hereby determine that the
assessments set forth in said Special Assessment Roll
25282
dated July 24, 1989, in the amount of $16,344 00,
are fair and equitable and based upon benefits to
be derived by construction of improvements proposed
in said district, in accordance with the plans of
the City Engineer and resolutions of the City Council ,
(2) Said Special Assessment Roll No 328 is hereby approved
and confirmed in all respects,
(3) The amount of said roll shall be divided into ten
(10) equal annual installments with interest at the
rate of eight (8%) per annum on the unpaid balance
of the assessment from December 1 , 1990 Said interest
shall be payable on each installment due date, provided,
however, that after the issuance of bonds in
anticipation of the collection of the unpaid assessments
on the said special assessment roll , said rate of
interest shall be not more than 1% above the average
rate of interest borne by said bonds In such cases
where the installments will be less than Ten Dollars
($10 00) the number of installments shall be reduced
so that each installment shall be above and as near
Ten Dollars ($10 00) as possible The first installment
sha'l be due and payable December 1 , 1991 and subooquent
installments on DeLember 1st of succeeding years
(4) Pursuant to the provisions of Section 3 08 130 of
the Livonia Code of Ordinances, as amended, the City
Clerk shall endorse the date of confirmation on the
assessment roll , and the said assessment roll shall
then be immediately transmitted to the City Treasurer
who shall then publish notice as is required by Section
3 08 190 of the Livonia Code of Ordinances, as amended,
and mail assessment statements to the respective
property owners assessed in the manner and substance
as provided by said Section 3 08 190 Any property
owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December
1 , 1990,
(5) The first installment shall be spread upon the 1991
City tax roll in the manner required by Section 3 08 210
of the Livonia Code of Ordinances, as amended, together
with interest upon all unpaid installments from December
1 , 1990, and thereafter one (1 ) installment shall
be spread upon each annual tax roll together with
one (1 ) years interest upon all unpaid installments,
provided, however, that when any annual installment
shall have been prepaid in the manner provided in
Title 3, Chapter 8 of the Livonia Code of Ordinances,
as amended, either within the sixty (60) day period
as provided by Section 3 08.200, or after the expiration
25283
Iss of the sixty (60) day period as provided by Section
3 08 220 then there shall be spread upon the tax roll
for such year only the interest for all unpaid
installments, and
(6) The City Council does hereby determine to pay 15%
of the paving costs ($2,188 00) , 100% of drainage
costs ($1 ,736 00) and 20 lineal feet ($920 00) , for
a total amount of $4,844 00
On a motion by Councilwoman Toy, seconded by Councilman Ochala,
and unanimously adopted, it was
#911-89 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 329 for a proposed road improvement consisting of the proposed
extension of 900 ft of paving and utilities along Industrial
Road in the North 1/2 of Section 27 and the extension of Hubbard
Road to South of Schoolcraft Road in the North 1/2 of Section
27, in the City of Livonia, Wayne County, Michigan, as required
by the provisions of the City Charter and Title 3, Chapter 8
of. the Livonia Code of Ordinances, as amended, a public hearing
thereafter having been held thereon on September 18, 1989 at
the City Hall , 33000 Civic Center Drive, Livonia, Michigan,
and the City Council having duly met and reviewed the special
assessments levied in the special assessment roll as prepared
by the City Assessor to cover the district portion of the cost
of a street improvement to be constructed in Special Assessment
District No 329, and
WHEREAS, the City Council has heard and carefully considered
all objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1 ) The City Council does hereby determine that the
assessments set forth in said Special Assessment Roll
dated July 26, 1989, in the amount of $446,110 28,
are fair and equitable and based upon benefits to
be derived by construction of improvements proposed
in said district, in accordance with the plans of
the City Engineer and resolutions of the City Council ,
(2) Said Special Assessment Roll No 329 is hereby approved
and confirmed in all respects,
(3) The amount of said roll shall be divided into fifteen
(15) equal annual installments with interest at the
rate of eight (8%) per annum on the unpaid balance
of the assessment from December 1 , 1990 Said interest
shall be payable on each installment due date, provided,
25284
1110 however, that after the issuance of bonds in
anticipation of the collection of the unpaid assessments
on the said special assessnent roll , said rate of
interest shall be not more than 1% above the average
rate of interest borne by said bonds In such cases
where the installments will be less than Ten Dollars
($10.00) the number of installments shall be reduced
so that each installment shall be above and as near
Ten Dollars ($10 00) as possible The first installment
shall be due and payable December 1 , 1991 and subsequent
installments on December 1st of succeeding years
(4) Pursuant to the provisions of Section 3 08 130 of
the Livonia Code of Ordinances, as amended, the City
Clerk shall endorse the date of confirmation on the
assessment roll , and the said assessment roll shall
then be immediately transmitted to the City Treasurer
who shall then publish notice as is required by Section
3 08 190 of the Livonia Code of Ordinances, as amended,
and mail assessment statements to the respective
property owners assessed in the manner and substance
as provided by said Section 3 08 190 Any property
owner assessed may pay the whole or any part of the
assessment without interest or penalty up to December
1 , 1990,
lbsti
(5) The first installment shall be spread upon the 1991
City tax roll in the manner required by Section 3 08 210
of the Livonia Code of Ordinances, as amended, together
with interest upon all unpaid installments from December
1 , 1990, and thereafter one (1 ) installment shall
be spread upon each annual tax roll together with
one (1 ) years interest upon all unpaid installments,
provided, however, that when any annual installment
shall have been prepaid in the manner provided in
Title 3, Chapter 8 of the Livonia Code of Ordinances,
as amended, either within the sixty (60) day period
as provided by Section 3 08 200, or after the expiration
of the sixty (60) day period as provided by Section
3 08 220 then there shall be spread upon the tax roll
for such year only the interest for all unpaid
installments, and
(6) The City Council does hereby determine to pay
improvements with respect to City-owned parcel
106-99-001-000 in the total amount of $45,761 28 for
sanitary sewer, water, paving and drainage
25285
On a motion by Councilman Ochala, seconded by Councilwoman McCotter,
lio and unanimously adopted, it was
#912-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 5, 1989, which sets
forth its resolution 6-151-89, adopted on June 27, 1989, with
regard to Petition 89-4-1-14, submitted by Boris Stoyanovich
for Stoyan ' s Brothers Inc , for a change of zoning on property
located south of Plymouth Road between Levan Road and Yale Avenue
in the Northeast 1 ,4 of Section 32, from RUF to C-2, and the
Council having conducted a public hearing with regard to this
matter on September 18, 1989, pursuant to Council Resolution
687-89, the Council does hereby refer this item to the next
Study session to be conducted on September 27, 1989
On a motion by Councilwoman Toy, seconded by Councilman Ochala,
it was
#913-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 3, 1989, which
transmits its resolution 8-170-89, adopted wi August 1 , 1989,
with regard to Petition 89-6-2-37, submitted by Keith A Newmarch,
low requesting waiver use approval to operate an auto reconditioning
shop on property located on the northwest corner of Plymouth
Road and Belden Court in the Southwest 1/4 of Section 28, which
property is zoned M-1 , the Council does hereby reject the
recommendation made by the City Planning Commission and Petition
89-6-2-37 is hereby approved and granted
A roll call vote was taken on the foregoing resolution with the following result*
AYES Taylor, Ochala, Jurcisin, Toy, McCotter and Feenstra
NAYS Bishop
The President declared the resolution adopted
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
it was
#914-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 3, 1989, which
transmits its resolution 8-173-89, adopted on August 1 , 1989,
with regard to Petition 87-11-2-55, Phase II , submitted by
Northridge Commons Associates, requesting revised site plan
Ifto approval in connection with a proposal to construct a shopping
center on the south side of Eight Mile Road between Farmington
25286
Gill ROads in the Northeast l/4 uf Section 4, pursuant to
the provisions set fnrth in 5eotinn l8 42 of Ordinancg No 543,
Land
us amended, th8 CVunCil doeS hereby reject the recommSndation
of the Planning Commission and Petition 87-11-2-55, Phase II ,
is hereby approved and granted, further, the Council does hereby
approve the proposed sign plan submitted with regard to this
project, conditioned upon compliance with the conditions set
forth in the action of the Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result`
AYES Taylor, Jurcisin, Toy, Bishop, McCotter and Feenstra
NAYS Ochala
The President declared the resolution adopted
On a motion by Councilwoman McCotter, seconded by Councilwoman Toy,
and unanimously adopted, it was
#915-89 RESOLVED, that having considered a communication from
the City Planning CVmm'ssiVn, dated July 28, 1989, which sets
forth its resolution 7-155-89, adopted on July 18, 1989, with
regard to Petition 89-4-1-11 , submitted by the City Planning
Commission to determine whether or not to rezone Lot 351 of
0L-
Supervisor' s Livonia Plat No 6 located on the South side of
Eight Mile Road between Middlebelt Road and Clarenceville Cemetery
in the Northwest 1/4 of Section 1 , from RUF to P S , and the
Council having conducted a public hearing with regard to this
matter on September 20, 1989, pursuant to Council Resolution
772-89, the Council does hereby concur in the recommendation
of the Planning Commission and the said Petition 89-4-1-11 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,upun 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 Councilwoman Toy, seconded by Councilman Bishop,
and unanimously adopted, it was
#916-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 28, 1989, which sets
forth its resolution 7-163-89, adopted on July 18, 1989, with
Iwo regard to Petition 89-5-1-17, submitted by Linda LaMaumauiex
for a change of zoning on property located south of Grantland
25287
iim Avenue between Arcola Avenue and Inkster Road in the Southeast
1/4 of Section 25, from R-1 to P, and the Council having conducted
a public hearing with regard to this matter on September 20,
1989, pursuant to Council Resolution 712-89, the Council does
hereby concur in the recommendation of the Planning Commission
and the said Petition 89-5-1-17 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 Councilwoman McCotter, seconded by Councilman Ochala,
and unanimously adopted, it was
#917-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 28, 1989, which sets
forth its resolution 7-159-89, adopted on July 18, 1989, with
regard to Petition 89-6-1-22, submitted by Darryl Rogers for
International Development, for a change of zoning on property
located east of e2'den Court and south of the C & 0 Railroad
in the Southwest 1/4 of Section 28, from R-5 to M-1 , and the
Council having conducted a public hearing with regard to this
matter on September 20, 1989, pursuant to Council Resolution
774-89, the Council does hereby concur in the recommendation
of the Planning Commission and the said Petition 89-6-1-22 is
hereby denied for the same reasons as those set forth in the
action taken by the Planning Commission
On a motion by Councilman Ochala, seconded by Councilman Bishop,
and unanimously adopted, it was
#918-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 3, 1989, which sets
forth its resolution 6-150-89, adopted on June 27, 1989, with
regard to Petition 89-1-6-1 , submitted by the City Planning
Commission to determine whether or not to amend Sections 2 08,
10 03 and 11 03 of the Zoning Ordinance No 543 to establish
regulations regarding restaurants and other types of eating
establishments, and the Council having conducted a public hearing
with regard to this matter on September 20, 1989, pursuant to
Council Resolution 774-89, the Council does hereby concur in
the recommendation of the Planning Commission and the said
Petition 89-1-6-1 is hereby approved and granted, and the
Department of Law is requested to prepare an ordinance amending
Ordinance 543, as amended, in accordance with this resolution
25288
On a motion by Councilman Ochala, seconded by Councilman Bishop,
Land unanimously adopted, it was
#919-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 3, 198¢, which sets
forth its resolution 6-150-89, adopted on June 27, 1989, with
regard to Petition 89-1-6-1 , submitted by the City Planning
Commission to determine whether or not to amend Sections 2 08,
10 03 and 11 03 of the Zoning Ordinance No. 543 to establish
regulations regarding restaurants and other types of eating
establishments, and the Council having conducted a public hearing
with regard to this matter on September 20, 1989, pursuant to
Council Resolution 774-89, the Council does hereby refer this
item to the Legislative Committee for its report and
recommendation.
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#920-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 3, 1989, which sets
forth its resolution 6-146-89, adopted on June 27, 1989, with
regard to Petition 89-4-6-4^ submitted by the City Planning
Commission to determine whether or not to amend Section 23,05
of Zoning Ordinance No. 543 to add a requirement for a sign
to be erected on proposed property to be rezoned, and the Council
having conducted a public hearing with regard to this matter
on September 20, 1989, pursuant to Council Resolution 774-89,
the Council does hereby concur in the recommendation of the
Planning Commission and the said Petition 80-4-6-4 is hereby
approved and granted, as revised, and 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 Jurcisin,
and unanimously adopted, it was
#921-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 3, 1989, which sets
forth its resolution 6-146-89, adopted on June 27, 1989, with
regard to Petition 89-4-6-4, submitted by the City Planning
Commission to determine whether or not to amend Section 23.05
Of Zoning Ordinance No. 543 to add a requirement for a sign
to be erected on proposed property to be rezoned, and the Council
having conducted a public hearing with regard to this matter
on September 20, 1989, pursuant to Council Resolution 774-89^
25289
the Council does hereby refer this item to the Legislative
Committee for its report and recommendation
On a motion by Councilman Bishop, seconded by Councilman Taylor,
and unanimously adopted, it was
#922~89 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 3, 1989, which sets
forth its resolution 6-147-89, adopted on June 27, 1989, with
regard to Petition 89-6-6-6, submitted by the City Planning
Commission to determine whether or not to amend Section 22. 13
of Zoning Ordinance No 543 so as to add language with respect
to an exception to barrier free rules, and the Council having
conducted a public hearing with regard to this matter on September
20, 1989, pursuant to Council Resolution 774-89, the Council
does hereby concur in the recommendation of the Planning
Commission and the said Petition 89-5-6-6 is hereby approved
and granted, as revised, and 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 Councilwoman Toy,
and unanimously adopted, it was
#923~89 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 25, 1989,
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 of $390 00 from Central
Distributors, Inc , 28100 Gorsuch Ave, , Romulus, Michigan 48174,
submitted in behalf of The Livonia Anniversary Committee for
use in the Livonia Youth Assistance Program and the Council
does hereby appropriate the aforesaid $350 00 to be deposited
in Account No. 702-000-285-215 for this purpose
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
#924-89 RESOLVED, that having considered a communication from
the Director of Emergency Preparedness, dated August 7, 1989,
which bears the signatures of the Mayor and Finance Director,
and which indicates that the Fire Department has received checks
for the Department's Hazardous Material Team in the amount of
$2,200 00 from BASF Corporation, Hygrade Food Products and
Borg-Warner Automotive, the Council does, for and on behalf
� of the City of Livonia, accept the said donations, the same
��" to be deposited in Account No 702-000-285-280,
25290
Imp On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
#925-89 RESOLVED, that having considered a communication from
the Historical Commission, dated September 10, 1989, 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 $1 ,640,00 in cash donations from the parties indicated,
for Greenmead, to be deposited in Account No 723-000-690-200,
as well as cash donations in the amount of $50.00 from the parties
indicated, for Greenmead, to be deposited in Account No. 723-000-
690-010
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
and unanimously adopted, it was
#926-89 RESOLVED, that having considered a communication from
the Historical Commission, dated September 10, 1989, approved
by the Firance Director and approved frr submission by the Mayor,
the Council does, for and on behalf of the City of Livonia,
accept the artifacts detailed to Greenmead from the parties
indicated in the aforesaid communication.
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#927-89 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 Taylor, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#928-89 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from ARCAD,
Inc. , dated September 21 , 1989, covering new industrial facilities
to be located within City of Livonia Industrial Development
District No. 46 (Kirco Realty & Development, Ltd. ) ,
NOW, THEREFORE, BE IT RESOLVED by the City Council of Livonia
that it determines as follows
25291
1 . The City Clerk shall provide copies of the said
Application to the legislative bodies of the governmental
L units deriving propertv tdxeS fr0m the prDpertv whiCh
will be affected, as required by A:t 198, P A. 1974,
as amended
2. The City Clerk shall contact each of the affected taxing
units and, (i ) indicate the Council ' s interest in this
matter, and (ii ) assist these taxing units in collecting
such information as may be necessary to determine their
respective opinions on this Application and, (iii ) advise
the said taxing units of this Council 's desire to hold
a hearing on this Application on Monday, October 16,
1989 at 7 30 P.M. at the Livonia City Hall , 33000 Civic
Center Drive, Livonia, Michigan.
3 The Council hereby sets Monday, October 16, 1989 at
7.30 P.M at the Livonia City Hall , 33000 Civic Center
Drive, Livonia, Michigan as the date, time and place
for conducting a hearing on said application.
On a motion by Councilwoman Toy, seconded by Councilman Ochala, and
unanimously adopted, this 1 ,161st Regular Meeting of the Council of the City of
LLivonia
was adjourned at 9^l5 P M. , September 25, 1989.
44-4(e4 .144.1
Robert F. Nash, City Clerk