HomeMy WebLinkAboutCOUNCIL MINUTES 1989-03-22 24867
ibmMINUTES OF THE ONE THOUSAND ONE HUNDRED AND FORTY-NINTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On March 22, 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 01 P M Councilwoman McCotter 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 Harry Tatigian, City Attorney,
Robert F Nash, City Clerk, Robert D Bennett, Mayor, John Nagy, Planning Director,
Raul Galindo, City Engineer, Karen Szymula , Director of Legislative Affairs, David
Preston, Finance Director, Ron Reinke, Superintendent of Parks and Recreation, William
LACrayk, Chief of Police, Robert Beckley, Director of Public Works , Joseph Mysliwiec,
Court Administrator and Ray Tent, Planning Commission
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#240-89 RESOLVED, that the minutes of the 1 ,148th Regular Meeting
of the Council of the City of Livonia, held March 8, 1989 are
hereby approved
On a motion unanimously introduced, supported and adopted, it was
#241-89 RESOLVED, that the Council does take this means to
thank and express its appreciation to Dr Roger M Ajluni , who
after having served many years as the Livonia City Physician,
submitted his resignation effective January 1 , 1989
At the direction of the Chair, Item No 4 re University Limousine
was taken off the Consent Agenda
ILAOn a motion by Councilman Bishop, seconded by Councilwoman McCotter,
it was
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110 #242-89 RESOLVED, that having considered a letter from Kimberly
and Nicholas Hulea, 8891 Oxbow, Livonia, Michigan 48150, dated
March 7, 1989, wherein an objection is raised to the recent
installation of "No Parking" signs on Oxbow from 7 00 P M to
7 00 A M , the Council does hereby refer this item to the Traffic
Commission for its report and recommendation
#243-89 RESOLVED, that having considered a letter from the
Executive Director of the Livonia Chamber of Commerce, dated
February 28, 1989, wherein a request is submitted for the
installation of signs on the public right-of-way for the Livonia
Business Expo on May 9, 10 and 11 , 1989, which signs shall be
18" x 24" in size and shall be located at the following locations
2 signs at I-275 & 6 Mile
2 signs at I-275 & 7 Mile
1 sign at Haggerty & 6 Mile
1 sign at Haggerty & 7 Mile
the Council does hereby concur in and approve of this request
in the manner and form herein submitted
#244-89 RESOLVED, that having considered a letter from the
Executive Director of the Livonia Chamber of Commerce, dated
February 28, 1989, wherein a request is submitted for the Horizon
Center to place signs on the public right-of-way for Project
Health-O-Rama on April 19, 20, 21 and 22, 1989, at the following
locations
1 sign at 19900 Haggerty Rd - 4' x 6'
2 signs at I-275 & 6 Mile - 18" x 24"
2 signs at I-275 & 7 Mile - 18" x 24"
1 sign at Haggerty & 6 Mile - 18" x 24"
1 sign at Haggerty & 7 Mile - 18" x 24"
the Council does hereby concur in and approve of this request
in the manner and form herein submitted
#245-89 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated February 22, 1989, approved
by the Director of Finance and approved for submission by the
Mayor, and which transmits its resolution WS 2839 2/89, the
Council does hereby accept the bid of Redford Topsoil Contractors,
Inc , 15553 Beech Daly, Redford, Michigan 48239, for supplying
the Public Service Division (Water Maintenance Section) with
Topsoil at the unit price bid of $6 20 per yard delivered and
$5 50 per yard for pickup, the same having been in fact the
lowest bid received and meets all specifications, further, in
the event the aforesaid bidder is unable to furnish the material ,
24869
lin the Council does hereby accept the second low bid of Nankin
Sand Company, 39740 Cherry Hill Road, Canton, Michigan 48187,
as an alternate to supply the Public Service Division (Water
Maintenance Section) with Topsoil at the unit price bid of $6 25
per yard delivered and $5 50 per yard for pickup
#246-89 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated February 22, 1989, approved
by the Director of Finance and approved for submission by the
Mayor, and which transmits its resolution WS 2840 2/89, the
Council does hereby accept the bid of Huggett Sod Farm, Inc ,
4114 E Marlette Road, Marlette, Michigan 48453, for supplying
the Public Service Division (Water Maintenance Section) with
Blue Grass Sod at the unit price bid of $1 04 per yard delivered
and $ 83 per yard for pickup, the same having been in fact the
lowest bid received and meets all specifications, further, in
the event the aforesaid bidder is unable to furnish the material ,
because of its proximity to the DPW yard, the Council does hereby
accept the second low bid of Peltz Sodding, Inc , 34111
Schoolcraft Road, Livonia, Michigan 48150, as an alternate to
supply the Public Service Division (Water Maintenance Section)
with Blue Grass Sod at the unit price bid of $1 25 per yard
delivered and $1 00 per yard for pickup
#247-89 RESOLVED, that having considered the report and
limrecommendation of the Director of Public Works, dated February
23, 1989, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the
unit price bid of Wayne Oakland Landscape Co , 32401 West Eight
Mile Road, Livonia, Michigan 48152, for the 1989 Street Tree
Planting Program, for the total cost of $46,040 00, based upon
the Public Service Division' s estimate of units involved and
subject to a final payment based upon the actual units completed
in accordance with the unit prices accepted herein, said estimated
cost and unit prices having been in fact the lowest bid received
for this item, and the Director of Public Works is hereby
authorized to approve minor adjustments in the work as it becomes
necessary, and the Mayor and City Clerk are hereby authorized
to execute a contract, for and on behalf of the City of Livonia,
and to do all things necessary to the full performance of this
resolution
#248-89 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
27, 1989, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the
bid of Commercial Lawnmower, Inc , 34955 Plymouth Road, Livonia,
Michigan 48150, for supplying the Public Service Division
(Equipment Maintenance and Idyl Wyld Golf Course Sections) with
five 52" Walk-Behind Rotary Mowers for a total price of
$10,500 00, the same having been in fact the lowest bid received
which meets specifications (bids from W F Miller and Lawn
24870
Imo Equipment Service & Sales are rejected because they do not meet
specifications) , further, the Council does hereby appropriate
and authorize the purchase of three of the Mowers from the
Equipment Maintenance budget (Account No 101-446-985 000) and
for two Mowers from the Idyl Wyld Golf Course Budget (Account
No 101-683-985 000)
#249-89 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February
28, 1989, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby accept the
following low bids which meet specifications, for supplying
the Public Service Division (Golf Courses and Park Sections)
with the Fertilizers specified at the unit price bid
(1 ) Turfgrass, Inc , 28064 Pontiac Trail , P.0 Box T, South
Lyon, Michigan 48178
Material to be Furnished Unit Price Bid
13-0-44 analysis fertilizer $400 00 per ton
25-0-25 analysis fertilizer $379 00 per ton
Milorganite $205 00 per ton
(2) Turf Chemicals, Inc 1011 E Main Street, P 0 Box 451 ,
Owosso, Michigan 48867
Material to be Furnished Unit Price Bid
46-0-0 analysis fertilizer $235 00 per ton
19-19-19 analysis fertilizer $225 00 per ton
further, in the event the aforesaid bidders are unable to furnish
the material , the Council does hereby accept the second low
bids of Turf Chemicals, Inc 1011 E Main Street, P 0 Box 451 ,
Owosso, Michigan 48867, as an alternate to supply the Public
Service Division (Golf Courses and Park Sections) with the
Fertilizers specified at the unit prices bid
Material to be Furnished Unit Price Bid
13-0-44 analysis fertilizer $476 00 per ton
25-0-25 analysis fertilizer $446 00 per ton
Milorganite $239 95 per ton
#250-89 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March
2, 1989, approved by the Director of Finance and approved for
submission by the Mayor Pro Tem, the Council does hereby accept
the bid of AIS Continental Equipment, 56555 Pontiac Trail , New
Hudson, Michigan 48165, for supplying the Public Service Division
(Equipment Maintenance Section) with two Front-Mounted Rotary
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imo Mowers for a net price of $11 ,350 00, based on a total price
of $13,000 00 less trade-ins of $1 ,650 00, the same having been
in fact the lowest bid received which meets specifications (the
bid of JDX Corporation is rejected because it does not meet
specifications)
#251-89 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March
2, 1989, approved by the Director of Finance and approved for
submission by the Mayor Pro Tem, the Council does hereby accept
the bid of Wilkie Turf Equipment Division, Inc , 1050 Opdyke
Road, Pontiac, Michigan 48056, for supplying the Public Service
Division (Idyl Wyld Golf Course Section) with one Riding Triplex
Greensmower for a total price of $8,300 00, the same having
been in fact the lowest bid received which meets specifications
(the bid of Lawn Equipment Service & Sales is rejected because
it does not meet specifications)
#252-89 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 27, 1989,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby accept
the bid of Allie Brothers, Inc , 20295 Middlebelt, Livonia,
Michigan 48152, for supplying uniforms for the Division of Police,
the same having been in fact the lowest bid received and meets
Iwo all specifications
#253-89 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 21 , 1989,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby accept
the bid of Highgate Electric Company, 31740 Plymouth Road,
Livonia, Michigan 48150, for the purchase and installation of
eight 150 watt High Pressure Sodium Security Lights for the
Police Lockup area for a total price in the amount of $2,227 50,
the same having been in fact the lowest bid received and meets
all specifications, and the Council does hereby appropriate
and authorize the expenditure of a sum of $2,227 50 from Account
No 101-325-987-000 for this purpose
#254-89 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 23, 1989,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby authorize
the purchase from Decatur Electronics, Inc , 715 Bright Street,
Decatur, Illinois 69522, of three Decatur Model MUR 724, K Band
with Remote Switch Radar Units for a total price of $3,311 70,
the same to be appropriated and expended from Account No
115-302-987-000, further, the Council does hereby determine
to authorize the said purchase without competitive bidding
Iwoinasmuch as the same is based upon the low State of Michigan
bid price, as well as for the additional reasons indicated in
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lbw the aforesaid communication, and such action is taken in
accordance with provisions set forth in Section 3.04 140D5 of
the Livonia Code of Ordinances, as amended
#255-89 RESOLVED, that having considered a letter from Carol
Andrikides, 19450 Pierson Dr , Northville, Michigan 48167, with
attachments, with regard to the Northville Preservation
Association and its concerns with respect to Public Act 61 which
permits privately owned property to be force pooled into a
drilling district as well as the adverse effect of gas and oil
wells in densely populated areas, the Council does hereby refer
this item to the Legislative Committee for its report and
recommendation
#256-89 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public
Works, dated January 19, 1989, which bears the signature of
the Finance Director and is approved for submission by the Mayor,
and which transmits final cost information with regard to the
improvement of Laurel Avenue (Plymouth to S of Pinetree) and
Pinetree Avenue (Wayne to Stark) pursuant to S A D No 302,
the Council does hereby determine as follows
1 To authorize lowering the assessments as set forth in
the confirmed assessment roll for S A D No 302, the
lbw revised assessments to be based upon an assessment rate
of $28 10 p f f , rather than $42 00,
2 To establish the final project cost at $405,449 91 ,
of which $198,387 09 is to be charged to the special
assessment district, $3,877 96 to the Sewer Fund Capital
Outlay Account and $203,184 86 is to be assumed by the
City' s Michigan Transportation fund receipts,
3 To authorize the City Assessor to increase the assessment
for parcels listed in Attachment III so as to include
the cost of additional work requested by property owners
within the assessment district, and
4 To authorize an expenditure in the amount of $405,449 91
from the $7 9 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
($198,387 09) , from the next Michigan Transportation
Fund (M T F ) receipts ($203,184 86) and $3,877 96
from the Sewer Fund Capital Outlay Account
#257-89 RESOLVED, that Lendrum & Ronayne Development, 17618
Rexwood, Livonia, Michigan 48152, as proprietors, having requested
the City Council to approve the proposed preliminary plat of
the following subdivision Fox Creek Meadows located on the
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north side of Seven Mile Road between Newburgh Road and Fitzgerald
in the Southwest 1/4 of Section 5, the said proposed preliminary
plat being dated February 22, 1988, and it further appearing
that tentative approval of such preliminary plat was given by
the City Planning Commission, after due notice and a public
hearing on August 16, 1988, and it further appearing that such
preliminary plat, together with development plans and
specifications for improvements therein have been examined and
approved by the Engineering Department as is set forth in the
report of that department dated March 1 , 1989, therefore, the
City Council does hereby approve of the said preliminary plat
on the following conditions
(1 ) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the
provisions of the ordinances of the City of Livonia, including
the Subdivision Control Ordinance, being Title 16, Chapters
16 04 through 16 24 of the Livonia Code of Ordinances, as amended,
the Subdivision Regulations of the Planning Commission, the
regulations and specifications of the Engineering Department
and the Development Plans submitted by the proprietor and approved
by such department, all such improvements to be constructed,
installed, accomplished and completed within a period of two
(2) years from the effective date of this resolution, failing
this, the approval contained herein shall be considered null ,
void and of no effect whatsoever,
low (2) That all inspection fees and other charges due to the City
of Livonia shall be fully paid at the time and in the manner
provided in the said Subdivision Control Ordinance, as amended,
(3) That the installation of all such improvements shall be
subject at all times to the supervision and inspection and final
approval of the Engineering Department, and such improvements
shall not be considered as having been satisfactorily and
completely installed until there is filed with the City Council
the certificate as provided in Section 16 24 370 of the said
Subdivision Control Ordinances, as amended,
(4) That the proprietor enter into an agreement with the City
of Livonia agreeing to construct, within the prescribed period
of time and in the prescribed manner, all improvements required
to the extent required by the City of Livonia and as shown on
the approved development plans,
(5) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive the final approval of the
City Planning Commission as evidence that such plat is in
compliance with existing Subdivision Regulations,
(6) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City
Council within two (2) years from the effective date of this
resolution, the City Council shall approve final plats of the
aforesaid proposed subdivision if drawn in substantial conformity
with the proposed plat as approved herein, and provided there
has been compliance with all other requirements of State Statute,
24874
the Subdivision Control Act, the Subdivision Control Ordinance
and this resolution,
(7) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements the
proprietor may file with the City of Livonia a corporate surety
bond, certified check, cash bond, irrevocable letter of credit,
or other financial assurance in such form as may be approved
by the Department of Law guaranteeing the satisfactory
installation of all such improvements, utilities and grading
by the proprietor within the prescribed period, that in the
event the proprietor elects to deposit such financial assurances
the same shall be in the following amounts
a General Improvement Bond $990,000 00, of which at least
$ 10,000 00 shall be in cash
b Sidewalk Bond $ 51,000 00, of which at least
$ 5,000 00 shall be in cash
c Grading and Soil Erosion $ 7,200 00, of which at least
$ 1 ,500 00 shall be in cash
d Entrance Markers - $ 20,000 00, of which at least
Landscaping $ 2,000 00 shall be in cash
lam e Monuments and Lot Markers $ 2,110 00 (all cash)
and require cash payments in the total amount of $56,477 00
In addition, distribution lines for telephone and electric
services are to be placed underground and ornamental street
lights are to be provided throughout the subdivision
#258-89 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 8, 1989, approved
for submission by the Mayor Pro Tem, the Council does hereby
amend Item No 7 of Council Resolution 884-88, adopted on
September 14, 1988, so as to reduce the financial assurances
now on deposit with the City for General Improvements in the
Regency Circle Subdivision No 2, located in the Southwest 1/4
of Section 31 , to $6,500 00, of which at least $3,000 00 shall
be in cash, and the financial assurances now on deposit with
the City, if any, shall be reduced accordingly, further, all
other financial assurances now on deposit with the City, including
those for sidewalk improvements, shall remain the same and
unchanged
#259-89 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 1 , 1989, approved
as to form by the City Attorney, and approved for submission
by the Mayor Pro Tem, and to which is attached a proposed Overhead
Right Of Way Agreement which would establish the following 10
24875
foot wide easement area across City-owned property in the
Northwest 1/4 of Section 16
A ten (10) foot wide easement across Outlot A, Golfview Meadows
Subdivision No 2 (Liber 88, Pages 49 and 50, Wayne County
Records) , the centerline of said 10 foot wide easement being
more particularly described as follows
Commencing at the Northeast lot corner of Lot 152 of said Golfview
Meadows Subdivision No 2 and proceeding thence N 1 ° 29' 25"
W , 180 feet, thence S 88° 30' 35" W , 150 feet to the East
right-of-way line of Wayne Road (86 feet wide) and the point
of ending
And the Mayor and City Clerk are hereby authorized, for and
on behalf of the City of Livonia, to execute the attached overhead
right of way agreement
A roll call vote was taken on the foregoing resolutions with the following result
AYES McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop and Feenstra
NAYS None
On a motion by Councilwoman McCotter, seconded by Councilman Bishop,
and unanimously adopted, it was
#260-89 RESOLVED, that having considered a letter from the
General Manager of University Limousine, 7773 N Canton Center
Road, Canton, Michigan 48187, dated February 21 , 1989, wherein
a request is submitted for a license to be issued without large
monetary requirements for the transportation of passengers in
the Livonia area, the Council does hereby refer this item to
the Committee of the Whole for its report and recommendation
On a motion by Councilman Jurcisin, seconded by Councilman Bishop,
it was
#261-89 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February
21 , 1989, and submitted pursuant to Council Resolution 1192-88
in connection with a letter from TNT-EDM, Inc , 36010 Industrial
Road, Livonia, Michigan 48150, dated December 6, 1988, wherein
it is indicated that the said TNT-EDM, Inc intends to transfer
facilities from the aforesaid address to the Township of Plymouth,
and it further indicates that the said TNT-EDM, Inc desires
to obtain a 1974 P A 198 exemption for the Plymouth Township
facility, the Council does hereby consent to the transfer as
herein requested, and the City Clerk is hereby requested to
do all things necessary or incidental to the full performance
of this resolution
24876
A roll call vote was taken on the foregoing resolution with the following result.
LAY[S McCotter, Jurcisin, Bishop and Feenstra.
NAYS Taylor, Ochala and Toy
The President declared the resolution adopted
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#262-89 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February
21 , 1989, and submitted pursuant to Council Resolution 1195-88
in connection with a communication from the City Assessor, dated
November 30, 1988, approved for submission by the Mayor, with
regard to a request from M3' Barbara Evans, 14430 Brookfield,
Livonia, Michigan 48154, 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 of Tax Item No 46 087 99 0005 000 into three parcels,
the legal descriptions of which shall read as follows
PARCEL "A"
in A parcel of land being part of the 5 W 1/4 of Section 22, T l3. ,
R 9E , City of Livonia, Wayne County, Michigan, described as'
Beginning at a point located S. 0 deg 5 min 35 sec East,
along the North and South 1/4 line of said Section, 215 91 feet
and S 89 deg. 52 min 30 sec West, 471 ,70 feet from the center
of said Section, thence N 0 deg 03 min West, 175'44 feet
to the South line of Lyndon Avenue, 86 feet wide, thence along
said South line N 89 deg 49 min West 60 00 feet, thence S
0 deg. 03 min, East, 175.76 feet, thence N 89 deg. 52 min.
30 sec East, 60 00 feet to the point of beginning. Containing
0 242 Acres of land, more or less Subject to easements and
restrictions of record
PARCEL "B"
A parcel of land being part of the S.W 1/4 of Section 22, T lS. ,
R 9E , City of Livonia, Wayne County, Michigan, described as
Beginning at a point located S. 0 deg. 5 min 35 sec East,
along the North and South 1/4 line of said Section, 215 91 feet
and S. 89 deg 52 min 30 sec West, 531 70 feet from the center
of said Section, thence N 0 deg 03 min West, 17 76 feet
to the South line of Lyndon Avenue, 86 feet wide; thence along
said South line N 89 deg 49 min West, 60 00 feet, thence
S. 0 deg 03 min East, 176 09 feet, thence N 89 deg. 52 min'
L 30 sec East, 60 00 feet to the point of beginning Containing
24877
Imp 0 242 Acres of land, more or less Subject to easements and
restrictions of record
PARCEL "C"
A parcel of land being part of the S W 1/4 of Section 22, T 13, ,
R 9E , City of Livonia, Wayne County, Michigan, described as,
Beginning at a point, located S. 0 deg 5 min' 35 sec. East,
along the North and South 1/4 line of said Section, 215 91 feet
and S 89 deg 52 min 30 sec. West, 591 70 feet from the center
of said Section, Thence N 0 deg. 03 min West, 176 09 feet
to the South line of Lyndon Avenue, 86 feet wide, thence along
said South line N 89 deg 49 min West, 65'00 feet to the East
line of Brookfield Avenue, 60 feet wide, thence along said
East line S 0 deg 03 min East, 176'44 feet; thence N 89
deg 52 min 30 sec. East, 65,00 feet to the point of beginning
Containing 0 263 Acres of land, more or less. Subject to
easements and restrictions of record
as shown on the map attached to the aforesaid communication
which is made a part hereof by reference, and the City Clerk
is hereby requested to cause a certified copy of this resolution
to be recorded in the Office of the Wayne County Register of
Deeds , provided, however, that to the extent required by law
and City ordinance, the action herein is made subject to the
approval of the Zoning Board of Appeals
Igo
On a motion by Councilman Jurcisin, seconded by Councilman Bishop,
and unanimously adopted, it was
#263-89 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March
6, 1989, and submitted pursuant to Council Resolution 1229-88
in connection with the report and recommendation of the Planning
Department, dated March 1 , 1986, with respect to proposed
improvements of the clubhouse at Idyl Wyld Golf Course, and
having also considered a letter from the Director of Finance,
dated February 23, 1989, approved for submission by the Mayor
in connection therewith, the Council does hereby authorize and
approve as Phase I improvements the following items`
City will do
1 County has tentatively agreed to move east drive further
east
2 Outside lighting to be added in parking lot
lis 3. Aluminum outside trim to be added on side and painted
24878
4 Add 4 to 5 parking spaces
5 Repair sidewalks
AND
Lessee will do
1 Remove sign from south cable
2 Provide handicap ramp
3 Rehab cooler
4 Enclose dumpster
5 Paint inside
6 Change grease trap
7 Add exterior lighting
8 New kitchen equipment
9 New sanitary sewer line
Further, the Council does hereby request that the Finance Director
and the Superintendent of Parks and Recreation submit their
respective reports and recommendations with respect to proposed
Phase II improvements concerning heating and cooling, grill
room and pro shop
On a motion by Councilman Jurcisin, seconded by Councilman Bishop,
it was
RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March
6, 1989, and submitted pursuant to Council Resolution 71-88
in connection with a letter from the President of Bobby's Country
House, Inc , dated May 17, 1985, which purports to exercise
an option to renew the lease between the City of Livonia and
Livonia Restaurants, Inc for the Clubhouse located at the Idyl
Wyld Golf Course, in accordance with Section 1 4 of the Sublease
Agreement, the Council does hereby refer this matter to the
Department of Law for the preparation of the documents necessary
to renew the lease in the following manner Lease to be three
(3) five (5) year terms at 6% of first $700,000 with $3,500
per month minimum and 5% gross over $700,000 and 1% penalty
per month
24879
16, On a motion by Councilwoman McCotter, seconded by Councilwoman Toy,
it was
RESOLVED, that the foregoing resolution be amended
so as to provide that the lease shall be renewed on the basis
of economics as set forth in the letter dated February 23, 1989
using five (5) three (3) year terms instead of three (3) five
(5) year terms
A roll call vote was taken on the amendment with the following result
AYES McCotter and Toy
NAYS Taylor, Ochala, Jurcisin, Bishop and Feenstra
The President declared the amendment denied.
A roll call vote was taken on the original resolution as follows
#264-89 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated March
6, 1989, and submitted pursuant to Council Resolution 71-88
in connection with a letter from the President of Bobby' s Country
House, Inc , dated May 17, 1985, which purports to exercise
an option to renew the lease between the City of Livonia and
Livonia Restaurants, Inc for the Clubhouse located at the Idyl
Wyld Golf Course, in accordance with Section 1 4 of the Sublease
Agreement, the Council does hereby refer this matter to the
Department of Law for the preparation of the documents necessary
to renew the lease in the following manner Lease to be three
(3) five (5) year terms at 6% of first $700,000 with $3,500
per month minimum and 5% gross over $700,000 and 1% penalty
per month
AYES Taylor, Ochala, Jurcisin, Toy, Bishop and Feenstra.
NAYS McCottPr.
The President declared the resolution adopted
Councilman Taylor took from the table, and gave second reading to
the following Ordinance
AN ORDINANCE AMENDING SECTION 30 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 ORDINANCE" BY ADDING SECTION
3 THERETO (Petition 88-6-1-17)
24880
A roll call vote was taken on the foregoing Ordinance with the following result'
AYES. McCotter, Taylor, Jurcisin, Toy, Bishop and Feenstra.
N�~
NAYS Ochala
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilwoman Toy took from the table, and gave second reading to
the following Ordinance
AN ORDINANCE AMENDING SECTION 17 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 ORDINANCE" BY ADDING SECTION
3 THERETO (Petition 88-9-1-23)
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
it was
#265-89 RESOLVED, that having considered a letter from the
ibm DepOrtment 0f L�w, d�ted Febru�ry l5, l98�, �hich �Ub0it3 �
proposed ordinance amendment approving Petition 88-9-1-23
submitted by the City Planning Commission for a change of zoning
on property located on the north side of Five Mile Road between
Levan and Williams in the Southwest 1/4 of Section 17, from
C-1 to P S and which proposed ordinance amendment has received
its First and Second Readings, the Council does hereby refer
this item to the Committee of the Whole for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result'
AYES. McCotter, Taylor, Jurcisin and Feenstra.
NAYS Ochala, Toy and Bishop.
The President declared the resolution adopted
Councilman Taylor took from the table, and gave second reading to
the following Ordinance
AN ORDINANCE AMENDING SECTION 36 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 ORDINANCE" BY ADDING SECTION
3 THERETO. (Petition 88-9-1-26\
24881
A roll call vote was taken on the foregoing Ordinance with the following result
immAYES Taylor, Ochala, Jurcisin, Toy, Bishop and Feenstra
NAYS McCotter
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilman Bishop took from the table, and gave second reading to
the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition
88-10-3-8)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES McCotter, Taylor, Ochala, Jurcisin, Bishop and Feenstra
NAYS Toy
The President declared the foregoing Ordinance duly adopted, and would become
low effective on publication
Councilwoman McCotter gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 88-9-3-7)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances
in the office of the City Clerk and is the same as if word for word repeated
herein The above Ordinance was placed on the table for consideration at the
next regular meeting of the Council
Councilman Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 7 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
low ORDINANCE" BY ADDING SECTION 3. THERETO
(Petition 88-10-1-30)
24882 ImoThe foregoing Ordinance, when adopted, is filed in the Journal of Ordinances
in the office of the City Clerk and is the same as if word for word repeated
herein The above Ordinance was placed on the table for consideration at the
next regular meeting of the Council
Councilman Jurcisin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 3 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE
III OF ORDINANCE NO 543, AS AMENDED, KNOWN
AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 88-7-1-1¢\
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances
in the office of the City Clerk and is the same as if word for word repeated
herein. The above Ordinance was placed on the table for consideration at the
next regular meeting of the Council
imisCouncilman Ochala gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition 88-10-3-10\
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances
in the office of the City Clerk and is the same as if word for word repeated
herein The above Ordinance was placed on the table for consideration at the
next regular meeting of the Council
Councilwoman Toy gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition 88-11-3-12)
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
1601 herei0. The above Ordinance was placed on the table for consideration at the
24883
next regular meeting of the Council
flow
Councilman Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 31 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE
III OF ORDINANCE NO 543, AS AMENDED, KNOWN
AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 88-4-1- 8)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances
in the office of the City Clerk and is the same as if word for word repeated
herein The above Ordinance was placed on the table for consideration at the
next regular meeting of the Council
On a motion by Councilwoman McCotter, seconded by Councilwoman Toy,
and unanimously adopted, it was
L. #266-89 RESOLVED, that having considered the report and
recommendation of the City Clerk and the Finance Director, dated
March 8, 1989, the Council does hereby authorize the purchase
of used Voter Registration Computer Equipment required to upgrade
the City' s Voter Registration System from Capitol Equipment,
Inc , 870 Bowers, Birmingham, Michigan 48009, for the sum of
$11 ,000 00 plus freight, in the manner and form set forth in
a letter dated March 7, 1989, the same to be appropriated and
expended from the Unexpended Fund Balance Account for this
purpose, further, the Council does hereby authorize the said
item without competitive bidding in accordance with provisions
set forth in Section 3 04.140D5 of the Livonia Code of Ordinances,
as amended
On a motion by Councilman Bishop, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#267-89 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 6, 1989, which
bears the signature of the Finance Director and is approved
for submission by the Mayor Pro Tem, the Council does hereby
accept the unit price bid of Holloway Construction Co , 29250
LI. Wixom Road, Wixom, Michigan 48096, for the 1989 Miscellaneous
Street Improvement Project for the estimated total cost of
$364,484 06, based upon the Engineering Department's estimate
of units involved, and subject to a final payment based upon
24884
the actual units completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having
tram been in fa�t the lOw�St bid r8oeiv8d f�r �hi� it�m, furth�r
the Council does hereby appropriate the contract amount from
the $7 9 and/or $9.8 Million General Obligation Road Improvement
Bond Issue with the provision that (1 ) the Bond Issue be
reimbursed from that portion of the project which is to be
financed by special assessment at such time as funds are available
from the future Special Assessment Bond Issue, and (2) the Bond
Issue be reimbursed for the City' s portion of the project at
such time as funds may be available from the Michigan
Transportation Funds (Local Road Account) , and the City Engineer
is hereby authorized to approve minor adjustments in the work,
as needed, and the Mayor and City Clerk are hereby authorized
to execute a contract, for and on behalf of the City of Livonia
with the aforesaid bidder, and to do all other things necessary
or incidental to the full performance of this resolution
On a motion by Councilman Bishop, seconded by Councilman Taylor,
and unanimously adopted, it was
#268-89 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated January 13, 1989,
thS repVrts and rer0mmendatiOns nf the ChiSf 0f P0lice,
Land
ddtSd February 2O, l989, the Citv Planner" datgd MarCh l3, l9R9,
'
and the Director of Inspection, dated March 14, 1989, the Council
does hereby approve of the request from Mitchell George Housey
and E Beverly Feuer, new stockholders in Compton Village Lounge,
Inc , to transfer stock in a 1988 8-Hotel Licensed Business
with Dance-Entertainment Permit, Official Permit (Food) , and
57 rooms, by dropping Harold H Gordon and Louis P Begin (now
deceased) as stockholders through the transfer of their 98 shares
of stock to existing stockholder, Mitchell R Housey (62-2/3
shares) , new stockholder, Mitchell G Housey (66-2/3 shares) ,
new stockholder, E Beverly Feuer (66-2/3 shares) , then transfer
stock by dropping Mitchell R Housey as stockholder and
transferring his stock to Mitchell G Housey /33-1 /3 shares) ,
and E. Beverly Feuer /33-1/3 shares) , request transfer status
from B-Hotel to Class C and drop space for a business located
at 28500 Schoolcraft, Livonia, Michigan 48150, Wayne County,
and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control Commission
On a motion by Councilman Bishop, seconded by Councilman Ochala,
and unanimously adopted, it was
#269-89 RESOLVED, that having considered the report and
�
recommendation of the Mayor, dated March 2, 1989, which bears
24885
the signature of the Finance Director and to which is attached
an invoice from the Conference of Western Wayne in the amount
of $2,000 00 for the coordination of solid waste management
activities, the Council does hereby appropriate and authorize
the expenditure of a sum of $2,000 00 from the Unexpended Fund
Balance Account for this purpose
On a motion by Councilman Ochala, seconded by Councilman Taylor,
and unanimously adopted, it was
1270-89 WHEREAS, Wayne County was the agency designated under
Act 641 to prepare the initial County Solid Waste Management
Plan, and to prepare Five Year Updates of the Plan,
WHEREAS, Wayne County, acting through the Wayne County
Solid Waste Implementation Committee has released a draft Five
Year Update of the Wayne County Solid Waste Management Plan,
dated September 1988, which is being revised to address
deficiencies in various areas
WHEREAS, the City of Livonia is vitally interested
in developing sound solid waste management strategies,
WHEREAS, the City of Livonia is a member of the
Conference of Western Wayne which has been actively involved
in discussions with the County as to the contents of the Five
Year Update of the Wayne County Solid Waste Management Plan
and which has apprised the City of Livonia of problem areas
in the draft Update,
WHEREAS, pursuant to Act 641 , 67% of the communities
in the County must approve the Update before it may become
effective,
WHEREAS, the City of Livonia will eventually be called
upon to approve the Five Year Update of the Wayne County Solid
Waste Management Plan, and
WHEREAS, the City of Livonia wishes to advise Wayne
County of the local issues which must be addressed in revisions
to the draft Update in order for the City of Livonia to support
the Update
NOW THEREFORE, BE IT RESOLVED, that the City of Livonia
commends Wayne County on agreeing to substantially revise the
draft Five Year Update,
AND BE IT FURTHER RESOLVED that the City of Livonia
recommends that following items and issues be addressed in the
revision
24886
'bp 1 That the hierarchy of waste disposal options in the
State Solid Waste Policy be implemented in the Update
- to first reuse, then recycle and compost, then
incinerate, and landfill the ashes and the uncombustible
residuals
2 That the County waste reduction goal also address
commercial and industrial solid waste, as residential
waste is under 50% of the waste stream, and is the most
diffuse and difficult to control of the major solid
waste categories
3 That cost estimates for building and operating typical
recycling, composting and incineration facilities be
included in the Update
4 That the Update restrict importation of solid waste
from outside the Metro area to ensure that landfill
capacity is available for Wayne County residents and
businesses throughout the planning period, and that
this be addressed through limitations on the service
territory of new landfills
5 That both the Emergency Siting Procedure and the plan
to site several landfills after adoption of the Update
be extensively revised, and that the siting of new
landfills should be done by a new siting committee
6 That the Implementation Committee to be reconstituted
as a Planning Committee without the heavy representation
by landfill interests and with more representation by
elected officials and limited to an advisory role on
solid waste planning, and that this Planning Committee
determine the landfill capacities required during the
planning period
7 That the siting committee be established which includes
representation of elected officials from the County,
a city, a township, the intended host community and
representation from CWW, Downriver Community Conference,
the reconstituted Planning Committee, plus an independent
geologist/hydrologist and an independent impact analyst,
and
8 That this siting committee determine landfill sites
sufficient to provide only those capacities required
during the planning period and to consider a reasonable
mitigation agreement for a needed landfill in an otherwise
reasonable site, and for landfills sited on the border
of two municipalities which will impact multiple
communities
24887
Imp 9 That, to guide any siting committee, the Update specify
a minimum mitigation package which would be used when
the host community and the landfill operator are unable
to reach agreement on a reasonable arrangement or when
a facility is sited on the border of two communities,
and that it be valued at a specified percentage of the
gross revenues of the new landfill
10 That communities hosting landfills not be immune from
the reduction goal in exchange for hosting a landfill
On a motion by Councilwoman McCotter, seconded by Councilwoman Toy,
it was
#271-89 RESOLVED, that having considered a communication from
the City Assessor, dated March 6, 1989, approved for submission
by the Mayor Pro Tem, with regard to a request from Mr Steven
Roddy, 33642 South Hampshire, Livonia, Michigan 48154, and in
accordance with the provisions of 1967 PA 288, as amended, as
well as Section 18 46 of Ordinance 543, as amended, the Council
does hereby determine to deny the request for dividing and
combining Tax Item Nos 46 064 01 0755 000, 46 064 01 0756 000
and 46 064 01 0758 000 into two parcels since the same would
1mmbe violation of the City' s Zoning Ordinance and law
A roll call vote was taken on the foregoing resolution with the following result
AYES McCotter, Toy, Bishop and Feenstra
NAYS Taylor, Ochala and Jurcisin
The President declared the resolution adopted
On a motion by Councilwoman Toy, seconded by Councilman Ochala,
it was
RESOLVED, that having considered a communication from
the City Assessor, dated March 6, 1989, approved for submission
by the Mayor Pro Tem, with regard to a request from Mr William
Anderson, 19823 Merriman Ct , 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 determine to deny the request for dividing Tax Item
No 46 007 99 0007 000 into two parcels since the same would
be in violation of the City's Zoning Ordinance and law
limm A roll call vote was taken on the foregoing resolution with the following result
24888
lir A roll call vote was taken on the foregoing resolution with the following result
AYES Toy
NAYS McCotter, Taylor, Ochala, Jurcisin, Bishop and Feenstra
The President declared the resolution denied
On a motion by Councilman Ochala, seconded by Councilman Taylor,
it was
#272-89 RESOLVED, that having considered a communication from
the City Assessor, dated March 6, 1989, approved for submission
by the Mayor Pro Tem, with regard to a request from Mr William
Anderson, 19823 Merriman Ct , 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 of Tax Item No
46 007 99 0007 000 into two parcels, the legal descriptions
of which shall read as follows
Proposed Parcel A
Immo 04ala
The East 176 25 feet of the following described parcel x 88'
(15,510 S F )
The north 88 feet of South 2376 feet of the West 442 50 feet
of Southwest 1/4 of Section 2, Town 1 south, Range 9 East, except
the West 236 25 feet thereof also except the East 30 feet
thereof, City of Livonia, Wayne County, Michigan
(Bureau of Taxation Parcel #007990007001 )
Proposed Parcel B
04alb
The West 176 25 feet of the following described parcel
The North 88 feet of South 2376 feet of the West 442 50 feet
of the Southwest 1/4 of Section 2, Town 1 South, Range 9 East,
except the East 206 25 feet thereof, also except the West 60
feet thereof, City of Livonia, Wayne County, Michigan
(Bureau of Taxation Parcel #007990007002)
as shown on the map attached to the aforesaid communication
ii• which is made a part hereof by reference, and the City Clerk
24889
is hereby requested to cause a certified copy of this resolution
to be recorded in the Office of the Wayne County Register of
Deeds, provided, however, that to the extent required by law
and City ordinance, the action herein is made subject to the
approval of the Zoning Board of Appeals
A roll call vote was taken on the foregoing resolution with the following result
AYES McCotter, Taylor, Ochala, Jurcisin, Bishop and Feenstra
NAYS Toy
The President declared the resolution adopted
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
#273-89 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated February 24,
1989, approved by the City Engineer and the Finance Director
and approved for submission by the Mayor, the Council does hereby
authorize the execution of the attached Stipulation for Consent
Judgment and the entry of Consent Judgment in Wayne County Circuit
Court Civil Action No 88-821364-CC, providing for the taking
of eminent domain of property described as
The South 30 feet of the following described parcel
That part of the Northwest 1/4 of Section 14 described
as beginning at a point distant due West along the North
Section line 1227 82 feet and South 0 degrees 11 minutes
West 663 79 feet from the North 1/4 corner of Section
14 and proceeding thence South 0 degrees 11 minutes West
603 79 feet, thence South 89 degrees 15 West 240 30 feet,
thence North 0 degrees 11 minutes East 603 79 feet, thence
North 89 degrees 15 minutes East 240 30 feet to the point
of beginning
BE IT FURTHER RESOLVED, that the Council does hereby authorize
the expenditure of a sum not to exceed Two Thousand, Five Hundred
and no/100 Dollars (2500 00) as total just compensation, a sum
not to exceed Four Hundred, Sixty-Seven and no/100 Dollars
($467 00) as attorney fees, $100 00 for title work and $300 00
for proration of taxes (which sum includes $1100 00 for just
compensation and $300 00 for tax proration previously authorized
in Council Resolution 510-88) , and further, the Council does
hereby authorize the payment of the aforesaid sums from the
7 9 Million Dollar General Obligation Road Improvement Bond
Issue, to be repaid from the receipts of the special assessment
district, when sufficient funds become available
24890
ihr On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#274-89 RESOLVED, that having considered a letter from the
President of Madonna College, dated February 7, 1989, and the
letter from the Director of Allied Health, Associate Race
Director, Celebration Run II , dated February 15, 1989, requesting
permission to utilize Schoolcraft Road and Newburgh Road from
10 30 A M to 11 00 A M. on April 9, 1989 for the Second Annual
Celebration Run, and having also considered the reports and
recommendations of the Chief of Police, dated March 7, 1989
and March 17, 1989 in connection therewith, the Council does
hereby grant and approve this request in the manner and form
herein submitted including the waiving of all fees incurred
by the City in connection with this activity, subject to approval
by the Police Department
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
#275-89 RESOLVED, that having considered a letter from Charles
ifts G Tangora of Brashear, Tangora and Spence, dated March 9, 1989,
wherein a request is submitted for consent to the assignment
of the lease between Dimitrios Gotsis and Sylvia Gotsis and
the City of Livonia to Golden Lantern, Inc. , a Michigan
Corporation, the Council does hereby approve and authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia,
to execute the proposed consent to assignment subject to approval
as to form by the Department of Law.
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
and unanimously adopted, it was
#276-89 RESOLVED, that having considered a communication from
the Court Administrator and the Director of Public Works, dated
March 6, 1989, which bears the signatures of the District Judges
and the Finance Director, and is approved for submission by
the Mayor Pro Tem, and which submits a proposal for the employment
of Roger Snyder, Architects, for the purpose of preparing a
study with regard to the Court space needs and proposed
expansion/renovation of the 16th District Courthouse, the Council
does hereby refer this item to the Capital Improvement Committee
(to review the architect selection process) and to the Committee
of the Whole (to review the project itself) for their respective
reports and recommendations
24891
On a motion by Councilman Bishop, seconded by Councilman Taylor,
and unanimously adopted, it was
#277-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 14, 1989, which
transmits its resolution 2-41-89, adopted on February 28, 1989,
with regard to the proposed preliminary plat of Caliburn Estates
No 1 Subdivision to be located south of Seven Mile Road and
east of Newburgh Road in the Northwest 1/4 of Section 8, City
of Livonia, Wayne County, Michigan, and it appearing that
tentative approval of said preliminary plat was given by the
City Planning Commission, after due notice and a public hearing
on February 28, 1989, subject to submittal of a plan for a
subdivision entrance marker to the Planning Commission for its
approval prior to approval of the Final Plat, the Council does
hereby approve of the said preliminary plat subject to the receipt
of a report and recommendation by the City Engineer relative
to the development plans and specifications for the improvements
therein, and the financial assurances guaranteeing the
satisfactory installation of such improvements
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
Land unanimously adopted, it was
#278-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 14, 1989, which
transmits its resolution 2-40-89, adopted on February 28, 1989,
with regard to the proposed preliminary plat of Caliburn Manor
No 1 Subdivision to be located south of Seven Mile Road and
west of Newburgh Road in the Northeast 1/4 of Section 7, City
of Livonia, Wayne County, Michigan, and it appearing that
tentative approval of said preliminary plat was given by the
City Planning Commission, after due notice and a public hearing
on February 28, 1989, subject to submittal of a plan for
subdivision entrance markers and a landscape plan for the
greenbelt easements along Newburgh Road to the Planning Commission
for its approval prior to approval of the Final Plat, the Council
does hereby approve of the said preliminary plat subject to
the receipt of a report and recommendation by the City Engineer
relative to the development plans and specifications for the
improvements therein, and the financial assurances guaranteeing
the satisfactory installation of such improvements
On a motion by Councilwoman McCotter, seconded by Councilwoman Toy,
It
was
24892
RESOLVED, that the City Engineer having filed with
the City Clerk a statement dated December 15, 1988, pursuant
to Council Resolution 925-88, adopted on September 28, 1988,
and in accordance with the provisions of Section 3 08 060 of
Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended,
containing a report with regard to the installation of 100 watt
high pressure sodium lights on davitt poles in the
Smokier-Rousseau Subdivision, located in the Northwest 1/4 of
Section 32, City of Livonia, Wayne County, Michigan and a public
hearing having been held thereon on February 27, 1989, pursuant
to Council Resolution 8-89, after due notice as required by
Title 3, Chapter 8 of said Code, as amended, and after a careful
consideration having been given to all such matters including
the various objections, comments and observations of individuals
in attendance at such public hearing, the Council does hereby
determine to proceed no further with the special assessment
proceeding heretofore commenced for the proposed improvements
A roll call vote was taken on the foregoing resolution with the following result
AYES McCotter and Toy
NAYS Taylor, Ochala, Jurcisin, Bishop and Feenstra.
The President declared the resolution denied
On a motion by Councilman Ochala, seconded by Councilman Taylor,
it was
#279-89 RESOLVED, that the City Engineer having filed with
the City Clerk a statement dated December 15, 1988 on all matters
required by Section 3 08 060 and 3 08 140 of the Livonia Code
of Ordinances, as amended, and a public hearing having been
held thereon on February 27, 1989, 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 improvement consisting of the
installation of 100 watt high pressure sodium lights
on davitt poles with underground wiring in the Smokler-
Rousseau Subdivision in the Northwest 1/4 of Section
32, 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,
24893
lbw (3) approve the plans and specifications for said
improvement as set forth in said statement dated
December 15, 1988,
(4) determine that the cost of said improvement shall
be paid by special assessment upon the property
especially benefited,
(5) that the assessment made for such improvement shall
be paid in annual installments, according to said
statement,
(6) 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 32, T 1 S , R 9 E , City of Livonia, Wayne
County, Michigan described as containing the property
shown on the proposed Special Assessment Plan and
Roll .
(7) direct the City Assessor to prepare a special assessment
roll in accordance with the Church' s determination
on said statements as prepared by the City Engineer
dated December 15, 1988, and
6
(8) that upon 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 pursuant
to Title 3, Chapter 8 of the Livonia Code of Ordinances.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Taylor, Ochala, Jurcisin, Bishop and Feenstra
NAYS McCotter and Toy.
The President declared the resolution adopted
On a motion by Councilman Bishop, seconded by Councilman Ochala,
it was
#280-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 12, 1989, which
24894
sets forth its resolution 12-231-88, adopted on December 20,
1988, with regard to Petition 88-11-1-34, submitted by Livonia
L Little Tots Day Nursery for a change of zoning on property located
east of Newburgh Road between Six Mile Road and Munger Street
in the Northwest 1/4 of Section 17, from R-3B to P S. , and the
Council having conducted a public hearing with regard to this
matter on March 1 , 1989, pursuant to Council Resolution 51-89,
the Council does hereby reject the recommendation of the Planning
Commission and the said Petition 88-11-1-34 is hereby denied
for the following reasons
1 . That the proposed change of zoning will provide for
the further encroachment of non-residential zoning into
a residential area
2 That the proposed change of zoning would encourage similar
requests for changes of zoning further to the south.
3 That the proposed change of zoning is not supported
by the Future Land Use Plan which recommends low density
residential land use for the subject area
4 That the proposed change of zoning is contrary to good
planning principles in that the subject site is not
directly served by a major thoroughfare but, instead,
its location requires indirect vehicular access across
L
ad '.aceOt church pruperty.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: McCotter, Ochala, Jurcisin, Toy, Bishop and Feenstra.
NAYS: Taylor.
The President declared the resolution adopted.
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
and unanimously adopted, it was
1281-89 RESOLVED, that the Council does hereby refer to the
Livonia City Council/Schools Liaison Committee for its report
and recommendation the question of the placement of child care
facilities in Livonia in general as well as giving due
consideration to the proposal of the Livonia Little Tots Day
Nursery.
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
L it was
24895
#282-89 WHEREAS, pursuant to Act No 198 of the Public Acts
of 1974, as amended, this Council has the authority to establish
industrial development districts within the boundaries of the
City of Livonia; and
WHEREAS, a proposal was made regarding the establishment of
an industrial development district encompassing land situated
in the City of Livonia and comprised of an area of approximately
1 .21 acres lying in the Northwest 1/4 of Section 26, more
particularly described in Exhibit A, attached hereto and
incorporated by reference herein, which area is hereinafter
referred to as "City of Livonia Industrial Development District
No 50", and
WHEREAS, written notice has been given by certified mail to
Adamas, Inc. , of the Council 's pending action on this resolution
and of its right to a hearing on the establishment of proposed
City of Livonia Industrial Development District No. 50; and
WHEREAS, notice has been given to all interested owners, residents
and taxpayers in the Livonia area of a public hearing on the
establishment of the proposed City of Livonia Industrial
Development District No. 50, and
WHEREAS, on Wednesday, March 15, 1989, a public hearing was
held on the establishment of proposed City of Livonia Industrial
Development District No 50, at which time Adamas, Inc. and
other taxpayers and residents of the City of Livonia had an
opportunity to be heard (a copy of the statements both written
and oral made at such hearing being on file with this City
Council ) , and a representative of Adamas, Inc attended said
hearing and acknowledged receipt of notice of such hearing on
behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA,
AS FOLLOWS
1 . An Industrial Development District is hereby established,
such district to consist of the area described in Schedule 1 ,
attached hereto
2. Such Industrial Development District is hereby designated
as the "City of Livonia Industrial Development District No.
50."
SCHEDULE 1
A parcel of land located in the City of Livonia, Wayne County,
Michigan, described as.
24896
The East 138 feet of Lot 8 and the West 126 feet of Lot 9,
Merriman Road Industrial Subdivision of part of the northwest
L one-quarter of Section 26, Town 1 South, Range 8 East, City
of Livonia, Wayne County, Michigan, according to the Plat recorded
in Liber 88 of Plats, Pages 25 and 26, Wayne County Records.
(31000 Industrial Road, Livonia, Michigan)
A roll call vote was taken on the foregoing resolution with the following result:
AYES' Taylor, Jurcisin, Bishop and Feenstra
NAYS McCotter, Ochala and Toy
The President declared the resolution adopted
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
1283-89 WHEREAS, Act 188, P A. 1974 was designed to provide
a stimulus in the form of significant tax incentives to industry
to renovate and expand aging plants, build new plants and promote
establishment of research and development laboratories , and
WHEREAS, the enactment of Act 198 was in great measure justified
L
Vn the grounds that it was required in ordSr fVr citigs and
townships in Michigan to compete with those in other states
which already afford tax incentives; and
WHEREAS, there is mounting evidence that Act 198 is now being
principally used by certain selected industries that move within
Michigan from one city or township to another; and
WHEREAS, Act 198 is creating uneven tax burdens for similar
industries, and the principle of uniformity of taxation is
violated with each Act 198 approval , and
WHEREAS, Michigan residential homeowners should not be required
to continue the unwarranted subsidization of those selected
industries that receive Act 198 tax exemptions,
NOW, THEREFORE BE IT RESOLVED, that the City of Livonia takes
this means to urge State Representative Lyn Bankes, State
Representative John Bennett and State Senator R Robert Geake
to introduce appropriate legislation which repeals Act 198 or
amends it so as to prevent the granting of Act 198 tax exemptions
to industries that make intra-state transfers from one Michigan
municipality to another; and
FURTHER, the Livonia City Council urges the governing bodies
N!
of Michigan to deny Act 198 tax exemptions for industries that
seek intra-state transfers
24897
16. On a motion by Councilman Taylor, seconded by Councilwoman Toy, and
unanimously adopted, this 1 ,149th Regular Meeting of the Council of the City of
Livonia was adjourned at 9 15 P.M. , March 22, 1989
c
Robert F. Nash, City Cl -rk C