HomeMy WebLinkAboutCOUNCIL MINUTES 1988-09-14 24442
Iwo MINUTES OF THE ONE THOUSAND ONE HUNDRED AND THIRTY-SIXTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 14, 1988, 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 02 P M. Councilwoman Toy delivered the invocation and called for
a moment of silence in memory of Eva Nash, Mother of City Clerk, Robert F Nash.
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,
Patricia Miencier, Deputy City Clerk, Robert Bennett, Mayor, John Nagy, Planning
Director, Raul Galindo, City Engineer, David Preston, Director of Finance, Karen
impSzymula, Director of Legislative Affairs, Robert Beckley, Director of Public Works
and John Fegan, Director of Building Inspection
On a motion by Councilman Bishop, seconded by Councilwoman McCotter,
and unanimously adopted, it was
1870-88 RESOLVED, that the minutes of the 1 ,135th Regular Meeting
of the Council of the City of Livonia, held August 29, 1988
are hereby approved
A communication from the Planning Director, dated September 1 , 1988,
forwarding the "Capital Improvement Program, 1989-1994" is hereby received and placed
on file for the information of the Council
On a motion by Councilman Jurcisin, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#871-88 RESOLVED, that having considered a communication from the
Planning Director, dated September 1 , 1988 to which is attached
the Capital Improvement Program for the years 1989-1994, the Council
Imp does hereby refer this item to the Capital Improvement Committee
for its report and recommendation
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At the direction of the Chair, Item No. 17 -- Letter from Mr. and Mrs.
Alan Starks regarding a problem with an adjoining office development was removed
from the Consent Agenda.
On a motion by Councilman Taylor, seconded by Councilman Bishop,
it was
#872-88 RESOLVED, that having considered an application from
Terry Ann Fowler, 35328 Curtis, Livonia, Michigan 48152, dated
August 28, 1988, requesting permission to close Curtis Street,
East of Wayne Road on September 24, 1988 from 3:00 P.M. to
8.00 P.M. for the purpose of conducting a block party, the Council
does hereby grant permission as requested, the action taken
herein being made subject to the approval of the Police
Department
#873-88 RESOLVED, that having considered a letter from Deborah
A. Dufour, 18685 Shrewsbury, Livonia, Michigan 48152, dated
August 25, 1988, requesting the installation of colonial-style
Lstreet lights in the Shrewsbury Drive cul-de-sac in the Hidden
Pines Subdivision, the Council does hereby refer this item to
the Engineering Department for its report and recommendation
#874-88 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 22, 1988,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby accept
the unit price bid of the Jeffery Company, 29050 Fort Street,
Rockwood, Michigan 48173, for the Fire Station Senior Center
parking lot expansion for the estimated total cost of $15,637.80,
based upon the Engineering Department' s estimate of units
involved, and subject to a final payment based upon the actual
units completed in accordance with the unit prices accepted
herein, said estimated cost and unit prices having been in fact
the lowest bid received for this item, further, the Council
does hereby appropriate and authorize the expenditure of the
sum of $15,637 80 from Community Development Block Grant funds
for this purpose, and the City Engineer is hereby authorized
to approve minor adjustments in the work, as completed, 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.
#875-88 RESOLVED, that having considered the report and
recommendation of the City Librarian, dated August 17, 1988,
which bears the signature of the Finance Director and is approved
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for submission by the Mayor, the Council does hereby accept
� the bid of Tobins Lake Studios, 7030 Old U S 23, Brighton,
�— Michigan 481I6, for installing stage drapes for the Civic
Center Library Auditorium for the price of $3,248.60, the same
having been in fact the lowest bid received and meets all
specifications.
#876-88 RESOLVED, that having considered the report and
recommendation of the City Librarian, dated August 24, 1988,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, and which transmits Library
Commission resolution 12-88, the Council does hereby authorize
the purchase of Oblique Files for the storage of periodicals
for the Civic Center and Carl Sandburg Libraries from Dick DeBear
of Library Designs Associates, 859 South Main Street, Plymouth,
Michigan 48170, for a price not to exceed $20,000.00, the same
to be appropriated and expended from the Special Library Trust
Fund, Account 722-000-987-000 for this purpose, 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.
#077-80 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated August 30, 1988, approved by
the Director of Finance and approved for submission by the Mayor,
and which transmits its resolution WS 2822 8/88, the Council
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does hereby authorize the bid of Hersey Products, Inc. , 1025
Criss Circle, Elk Grove Village, Illinois 60007, to be extended,
to supply the Public Service Division (Water Maintenance Section)
with Detector Check Valves through December 1 , 1989, further,
the Council does hereby authorize the said item without
competitive bidding in accordance with provisions set forth
in Section 3.04,l40D5 of the Livonia Code of Ordinances, as
amended
#878~88 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated August 30, 1988, approved by
the Director of Finance and approved for submission by the Mayor,
and which transmits its resolution WS 2821 8/88, the Council
does hereby authorize the bid of Rockwell International
Corporation, 1996 University Lane, Lisle, Illinois 60532, to
be extended, to supply the Public Service Division (Water
Maintenance Section) with Compound Meters and Fire Line Meters
through December 1 , 1989, further, the Council does hereby
authorize the said item without competitive bidding in accordance
with provisions set forth in Section 3.04.l40D5 of the Livonia
Code of Ordinances, as amended.
#879-88 RESOLVED, that the Council of the City of Livonia does
hereby approve the annual Christmas Parade for Saturday, November
19, 1988, beginning at 9.00 a.m , and does hereby request the
�m� Wayne County Road Commission to close Six Mile Road, from Inkster
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to Middlebelt Road between the hours of 6 00 a m. and 11 :00
a m. , Seven Mile Road, from Merriman to Inkster between the
hours of 9 00 a.m. and 11 .00 a m. , and Middlebelt Road, from
Six Mile to Eight Mile between the hours of 9 00 a m and 11 .00
a.m. , or until the road is returned to normal traffic operation,
FURTHER, the Council does hereby assume liability for any damage
claims which may arise as a result of the road closure and does
hereby designate and authorize Lt. Leon S. Dater to sign the
road closure permit in behalf of the City of Livonia.
#880-88 RESOLVED, that having considered a communication from
the Historical Commission, dated August 19, 1988, approved by
the Finance Director and approved for submission by the Mayor,
the Council does hereby waive the transient merchant license
fee requirement for participants in the Big Top Sale, sponsored
by the Livonia Newburg School Committee, which has been scheduled
for Saturday, October 29, 1988 at Bentley High School
A communication from the Chief of Police, dated August 24, 1988, re Sale
of Police and Forfeiture Vehicles - Council Resolution 605-88 was received and placed
on file for the information of the Council .
#881-88 RESOLVED, that having considered a communication from
the Director of Public Works, dated August 19, 1988, wherein
certain amendments to the dog ordinance are recommended for
adoption, the Council does hereby refer this item to the
Department of Law for the preparation of the ordinance amendments
necessary to implement the aforesaid recommendations.
#882-88 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 24, 1988,
approved for submission by the Mayor, with regard to a request
from the Wayne County Public Service Division for the City to
take jurisdiction and control of a storm sewer to be constructed
by the owners of the Digestive Disease Clinic, 18320-330
Farmington Road, the Council does hereby determine as follows
1 . To advise the Wayne County Public Service Division (Permit
Section) of the City' s willingness to accept jurisdiction
and maintenance of a 4 inch storm sewer (approximately
25 l .f. ) connection to the storm sewer system within
the Farmington Road Right-of-Way in connection with
the development of the Clinic, located on the East side
of Farmington Road in the N.W. 1/4 of Section 10 (the
attached letter from the owners indicates their
willingness to reimburse the City for any such maintenance
that may become necessary) , and
2. To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection
with the above storm sewer construction.
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1883-88 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 30, 1988,
approved for submission by the Mayor, the Council does hereby
release to United Homes, Inc , Suite 212, 25882 Orchard Lake
Road, Farmington Hills, Michigan 48018, the proprietor of the
Northfield Estates Subdivision located in the Southwest 1/4
of Section 31 , the financial assurances previously deposited
with respect to the Sidewalk Improvement Bond ($6,000.00, of
which $1 ,000 00 was to be in cash), Soil Erosion and Survey
Monument Bonds (in the amount of $1 ,000.00 and $310 00,
respectively), pursuant to Council Resolution 179-86, adopted
on February 26, 1986, further, all other financial assurances
now on deposit with the City, if any, 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
1884-88 RESOLVED, that Richard M Lewiston, 21790 Coolidge
Hwy , Oak Park, Michigan 48237, as proprietor, having requested
the City Council to approve the proposed preliminary plat of
the following subdivision Regency Circle Subdivision No. 2
located west of Hix Road and north of Joy Road, in the Southwest
1/4 of Section 31 , the said proposed preliminary plat being
dated July 12, 1988 (revised) , 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 June 21 , 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 August 16, 1988, 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 specification 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,
(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,
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(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 Ordinance, 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
ith the proposed plat as approved herein, and provided there
has been compliance with all other requirements of State Statute,
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 $194,000.00, of which at least
$ 10,000 00 shall be in cash
b Sidewalk Bond $ 12,500 00, of which at least
2,000 00 shall be in cash
c Grading & Soil Erosion $ 2,000 00, (all cash)
Control Bond
d Monuments & Lot Markers $ 850.00 (all cash)
e. Entrance Marker $ 5,000 00, of which
$ 1 ,000 00 shall be in cash.
and require cash payments in the total amount of $11 ,557 00
In addition, distribution lines for telephone and electric
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services are to be placed underground and ornamental street
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lights are to be provided throughout the subdivision
#885-88 RESOLVED, that having considered the report and
recommendation of the Planning Director dated August 31 , 1988,
and approved for submission by the Mayor, the Council does hereby
accept the bid, with all fees waived, of Sheridan Construction,
Inc, , 32125 Block Street, Garden City, Michigan, for the
alterations to the Small Appliance Repair Area at the Shelden
Park Senior Citizens Center for the price of $9,950.00, the
same having been in fact the lowest bid received for this work,
and that the Council does hereby authorize the expenditure of
$9,950 00 as follows
$ 6,500 - Grant-Michigan Office of Services to the Aging
$ 1 ,500 - Donations to Shelden Center
Small Appliance Repair Shop
$ 1 ,960 - Community Development Block Grant Funds
and the Planning Director is hereby authorized to approve any
minor adjustments in the work, 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
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1886-88 RESOLVED, that Ashley Construction Co, , 8865 Deborah
Ct. W. , Livonia, Michigan 48150, as proprietors, having requested
the City Council to approve the proposed preliminary plat of
the following subdivision: Ashley Estates Subdivision, located
east of Gill Road, approximately 1 ,000 feet north of Seven Mile
Road, in the Southeast 1/4 of Section 4, the said proposed
preliminary plat being dated July 7, 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 3, 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 September 1 , 1988; 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 specification of the Engineering Department
the DSvelopment Plans submitted by thS prOprietOr and appruYGd
by 5uoh depart0ent, all suoh im roVements to be construoted,
Land
in�t�ll�d, ��o��pli�h�d and �0mplet�d within a periOd of tu0
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imp (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,
(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 Ordinance, 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
Ipm 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,
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 +he 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 $137,000 00, of which at least
$ 10,000 00 shall be in cash
b Sidewalk Bond $ 12,000 00, of which at least
$ 2,000 00 shall be in cash
imp c. Grading & Soil Erosion $ 2,000 00, (all cash)
Control Bonc
d Monuments & Lot Markers $ 530 00 (all cash)
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and require cash payments in the total amount of $8,740.00.
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.
#887-88 RESOLVED, that the Council does hereby request that
the City Planning Commission conduct a public hearing and
thereafter submit its report and recommendation with regard
to the vacating of the stub street on Fairfax in the Ashley
Estates Subdivision to be located on the East side of Gill Road,
North of Seven Mile Road, in the Southeast 1/4 of Section 4
in accordance with the provisions of Law and City Ordinance.
#888-88 resolved, that having considered a communication from
the City Attorney, dated September 1 , 1988, approved by the
Finance Director and approved for submission by the Mayor, the
Council does hereby authorize the transfer of the sum of $1 ,000.00
from the Court Expense Account (101-222-826 000) to the following
accounts in the following amounts
101-222-958 000 - Dues & Subscriptions $500.00
101-222-861 010 - Auto Expense-Employees $200 00
101-222-864 010 - Travel & Education-Emp $300 00
1110 further, the Council does hereby appropriate the sum of $2,000 00
from the Unexpended Fund Balance Account to be transferred to
Account 101-222-978 000 (Capital Outlay - Books), the action
herein being taken for the reasons indicated in the aforesaid
communication.
#889-88 RESOLVED, that having considered a letter from Len
and Janet Goodlesky, 37461 Ladywood, Livonia, richigan, regarding
the sta`is of traffic control devices located on Newburgh at
Myrna and at Holmes Jr High School , the Council does hereby
request that the Wayne County Office of Public Service have
both aforesaid traffic control devices cycle on a full stop
and go basis, 24 hours a day, seven days a week, and the City
Engineer is hereby requested to take all steps necessary to
insure implementation of this request
#890-88 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated August 31 , 1988,
with respect to a request for a new SDD license, submitted by
Meadowdale Foods, Inc , to be located at 33423 Eight Mile Road,
Livonia, Michigan, the Council does hereby recommend that the
Liquor Control Commission deny the said request inasmuch as
this application would be in violation of and in noncompliance
with the requirements prescribed by the Livonia Zoning Ordinance
24451
543, as amended, and the City Clerk is hereby requested to forward
N�~ a certified copy of this resolution to the Michigan Liquor Control
COmmissiQD,
1891-88 RESOLVED, that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan
of 1921 , as amended, the City Zoning Act (MSA 5. 2934, MCLA
125.584\, as well as Article XXIII of Ordinance 543, as amended,
the Zoning Ordinance of the City of Livonia, the Council does
hereby determine that a public hearing will take place before
the City Council of the City of Livonia on Wednesday, October
12, 1988 at 7 'O0 P.M. at the City Hall , 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items.
(1 ) Petition 88-7-1-79, submitted by S.E M M. Co for
a change of zoninc of property located on the North
side of Seven Mile Road, East of Shadyside in the
Southwest 1/4 of Section 3, from R-3A and R-7 to C-1 ,
the City Planning Commission in its resolution 8-140-88
having recommended to the City Council that Petition
88-7-1-19 be denied, and
(2) Petition 88-7-7-20, submitted by William L. Roskelly
for a change of zoning on property located on the
East side of Merriman Road between Fargo and Pembroke
in the Northwest 1/4 of Section 2, from RUFA to R-7,
L the City Planning Commission in its resolution 8-141-88
having recommended to the City Council that Petition
88-7-1-20 be denied,
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendments to the Zoning Ordinance, and/o/ (b)
location of the proposed changes of zoning as set forth above,
first to be published in the official newspaper of the City
or a newspaper of general circulation in the City of Livonia
as well as to, not less than fifteen (15) days prior to said
public hearing, cause to have notice to be given by registered
mail to each public utility company and to each railroad company
owning or operating any public utility or railroad within the
districts or zones affected, and further, the City Clerk is
requested to do all other things necessary or incidental to
the full performance of this resolution.
#892-80 RESUi` ED, that having considered a communication received
by the Office of the City Clerk dated June 22, 1988 from Nancy
Barile which in accordance with the provisions of Section 19'08
of Ordinance 543, as amended, the Zoning Ordinance, takes an
appeal from a determination made on May 17, 1988 by the City
� Planning Commission in its resolution 6-102-88 with regard to
Petition 88-4~2-14 submitted by Nancy Barile requesting permission
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to operate a sit-down restaurant within an existing building
located on the north side of Plymouth Road, west of Merriman
Road in the Southeast 1/4 of Section 27, the Council does hereby
designate Monday, October 17, 1988 at 8 00 P M. as the date
and time for conducting a public hearing with regard to this
matter, such hearing to be held at the City Hall , 33000 Civic
Center Drive, Livonia, Michigan, and the City Clerk is hereby
requested to do all things necessary in order to give proper
notice in writing, as well as by the publication of a notice
in the City' s official newspaper of such hearing and the date
and place thereof, in compliance with the requirements set forth
in Ordinance 543, as amended, the Zoning Ordinance of the City
of Livonia.
A roll call vote was taken on the foregoing resolutions with the following result
AYES: Toy, Bishop, McCotter, Taylor, Ochala, Jurcisin, Feenstra
NAYS. None.
On a motion by Councilman Bishop, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#893-88 RESOLVED, that the Council does hereby refer to the
Committee of the Whole the matter of the rezoning of both sides
of Seven Mile, East of Shadyside in the Southwest 1/4 of Section 3
On a motion by Councilman Bishop, seconded by Councilman Taylor,
and unanimously adopted, it was
#894-88 RESOLVED, that having considered a letter from Mr.
and Mrs Alan Starks, 13969 Lyons, Livonia, Michigan and having
also considered the report and recommendation of the Director
of Building Inspection, dated September 14, 1988, approved for
submission by the Mayor in connection therewith, the Council
does hereby receive and file these items for the information
of the Council .
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Councilman Ochala gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 6 04.040
AND 6 04.370 OF TITLE 6, CHAPTER 04 (DOGS)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
NOTE. Paragraph E Insurance of 6.04 370 of the proposed ordinance amendment
is hereby deleted.
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 Councilman Ochala, seconded by Councilman Bishop,
and unanimously adopted, it was
#895-88 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 24,
1988, with regard to the responsibility of pet owners to remove
animal feces from public property, the Council does hereby request
that the Department of Public Works post signs in public parks
where appropriate which give notice pursuant to Section 12.20.110
of the Livonia Code of Ordinances, as amended, that pets are
prohibited from running at large or depositing waste that is
not removed and disposed of
On a motion by Councilwoman McCotter, seconded by Councilman Taylor,
it was
#896-88 RESOLVED, that the Council does hereby request that
the Department of Law and the Legislative Committee submit their
respective reports and recommendations with regard to the
preparation of an ordinance amendment which would provide that
pet owners are responsible for feces deposited in the City at
large (an area not covered by Section 12 20 110 of the Livonia
Code of Ordinances )
A roll call vote was taken on the foregoing resolution with the following result
L AYES Toy, McCotter, Taylor, Jurcisin, Feenstra.
NAYS Bishop, Ochala.
The President declared the resolution adopted.
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On a motion by Councilman Ochala, seconded by Councilwoman Toy,
and unanimously adopted, it was
#897-88 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated August 24,
1988, and submitted pursuant to Council Resolution 675-88 in
connection with a communication from the Mayor, dated June 30,
1988, and submitted pursuant to Council Resolution 531-88 in
connection with a proposal to provide notification to property
owners within 1000' of a lot split, the Council does hereby
request a report and recommendation from the City Planning
Department for establishing guidelines for public hearings to
be conducted in connection with lot splits
On a motion by Councilwoman Toy, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#898-88 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
1 , 1988, and submitted pursuant to Council Resolution 632-88,
in connection with a communication from the City Assessor, dated
June 2, 1988, approved for submission by the Mayor, with regard
to a request from Carl Thomas, 14682 Pine, Box 68, Brethren,
Michigan 49619, for a proposed division of Tax Item No 46 124
99 0023 001 into four parcels, the Council does hereby determine
to deny this request and to take no further action
On a motion by Councilwoman Toy, seconded by Councilman Ochala,
it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
1 , 1988, and submitted pursuant to Council Resolution 520-88,
in connection with a communication from the City Planning
Commission, dated March 29, 1988, which sets forth its resolution
3-44-88 adopted on March 22, 1988, with regard to Petition
88-2-1-2, submitted by the City Planning Commission for a change
of zoning on property located on the north side of Five Mile
Road, east of I-96 Freeway in the Southwest 1/4 of Section 18,
from R E to P S. , and the Council having conducted a public
hearing with regard to this matter on May 25, 1988, pursuant
to Council Resolution 356-88, the Council does hereby concur
in the recommendation of the Planning Commission and the said
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'
LPetition 88-2-l-2 i3 herebv apprOved and grant8d, and thg Citv
Planner is hereby instructed to cause the necessary map for'
publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and,
upon receipt of such map, the Department of Law is requested
to prepare an ordinance amending Ordinance 543, as amended,
in accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following result.
AYES Toy, Ochala, JUrcisiD,
NAYS Bishop, McCotter, Taylor, Feenstra.
The President declared the resolution denied
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
it was
#899-80 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
1988, and sVb0itt8d pUrsuant to COunCil ReSolutiqn 52O-88,
iU coOnectiVn with a cVmmunicatiVO from the Citv PlanOing
Li ,
Co0missioO, dated March 2Q, lQ8Q, which sets forth its rgsOlution
3-44-88 adopted on March 22, 1988, with regard to Petition
88-2-1-2* submitted by the City Planning Commission for a change
of zoning on property located on the north side of Five Mile
Road, east of 1-96 Freeway in the Southwest 1/4 of Section 18,
from R E to P S , and the Council having conducted a public
hearing with regard to this matter on May 25, 1988, pursuant
to Council Resolution 356-88, the Council does hereby reject
the recommendation of the Planning Commission and the said
Petition 88-2-1-2 is hereby d8ni8d.
A roll call vote was taken on the foregoing resolution with the following result.
AYES Bishop, McCotter, Taylor, Feenstra.
NAYS Toy, Ochala, Jurcisin
The President declared the resolution adopted
On a motion by Councilman Bishop, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#900~80 RESOLVED, that the Council does hereby refer to the
NL_
Streets, Roads and Plats Committee, for its report and
recommendation, the subject of the rezoning of the property
24456
1:11
located on the North side of Five Mile Road, immediately
East of the I-96 Freeway in the Southwest 1/4 of Section 18
from R E to a more appropriate zoning classification.
On a motion by Councilwoman McCotter, seconded by Councilman Ochala,
it was
1901-88 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
1 , 1988, and submitted pursuant to Council Resolution 521-88,
in connection with a communication from the City Planning
Commission, dated March 29, 1988, which sets forth its resolution
3-45-88 adopted on March 22, 1988, with regard to Petition
88-2-1-3, submitted by the City Planning Commission for a change
of zoning on property located on the northwest corner of Five
Mile Road and Levan Road in the Southwest 1/4 of Section 17,
from C-1 to P S , and the Council having conducted a public
hearing with regard to this matter on May 25, 1988, pursuant
to Council Resolution 356-88, the Council does hereby reject
the recommendation of the Planning Commission and the said
Petition 88-2-1-3 is hereby denied.
L A roll call vote was taken on the foregoing resolution with the following result
AYES McCotter, Taylor, Ochala, Feenstra.
NAYS Toy, Bishop, Jurcisin
The President declared the resolution adopted
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
#902-88 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated
September 7, 1988, the Council does hereby authorize and approve
the use of the fabric referred to as Garnet 2BRS - from Group
2B Beamont fabric book from Krueser Co to be placed on the
chairs in the Civic Center Library Auditorium
Councilman Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 31 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
16 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 88-4-1-10)
24457
limThe 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 McCotter gave first reading to 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 ZONING
ORDINANCE" BY ADDING SECTION 3 THERETO
(Petition 88-5-1-13)
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.
L The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council .
Councilman Bishop gave first reading to 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 ORDINANCE" BY ADDING SECTION
3. THERETO. (Petition 88-5-1-14)
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•
iiip AN ORDINANCE AMENDING SECTION 4 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO.
24459
#904-80 RESOLVED, that having considered a letter from Lillian
L RevnOlds, d8ted AugVst 2l , l988, rgquSsting a sep*rate water
meter in connection with the use of water with regard to
sprinkling of lawns and swimming pools, the Council does hereby
refer this item to the Mayor for his report and recommendation.
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
1905-80 RESOLVED, that having considered a letter from the
President of Toolco Inc , 36082 Industrial Road, Livonia, Michgian
48150, dated August 31 , 1988, wherein it is indicated that Toolco
Inc. intends to transfer facilities from the aforesaid location
in Livonia to Plymouth Township, Michigan, and it further
indicates that Toolco 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.
On a motion by Councilman Bishop, seconded by Councilman Taylor,
it was
#906-80 RESOLVED, that the Council does hereby request that
the Committee of the Whole submit its report and recommendation
on the subject of developing a strategy which would discourage
the practice of industrial firms who desire to transfer their
facilities to another community in order to obtain a 1974 P.A
198 exemption.
A roll call vote was taken on the foregoing resolution with the following result
AYES Toy, Bishop, McCotter, Taylor, Jurcisin, Feenstra.
NAYS Ochala.
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#907-80 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated April 22, 1088, and
the report and recommendation of the Chief of Police, dated
August 18, 1988, in connection therewith, the Council does hereby
��/
approve of the request of Rose Kopanakis, stockholder in Galaskis,
24458
543, AS AMENDED, KNOWN AND CITED AS "THE
N� CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
---
SECTION 3. THERETO. (Petition 88-5-1-15)
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 Ochala gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition 88-6-3-
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
1111. meeting of the COVncil .
On a motion by Councilman Taylor, seconded by Councilman Bishop,
it was
003-80 RESOLVED, that having considered a letter from Lillian
Reynolds, dated August 21 , 1988, requesting a separate water
meter in connection with the use of water with regard to
sprinkling of lawns and swimming pools, 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 wit the following result
AYES: Bishop, McCotter, Taylor, Jurcisin
NAYS Toy, Ochala, Feenstra.
The President declared the resolution adopted.
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
iim
and unanimously adopted, it was
24460
Inc. to transfer ownership of a 1987 SDM licensed business from
�
Kopanakis, Inc. for a business located at 36274 Five Mile Road,
Livonia, Michigan 48154, 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 Jurcisin, seconded by Councilman Ochala,
and unanimously adopted, it was
#908-80 RESOLVED, that having considered a communication from
the City Engineer, dated April 25, 1988, approved for submission
by the Mayor, to which is attached a Final Order of Abatement
issued by the Michigan Department of Natural Resources, Water
Resources Commission, on July 21 , 1988, which order contains
a compliance schedule and requirements for the sanitary sewer
improvements necessary in Livonia as part of the regional North
Huron Valley/Rouge Valley Sanitary Sewage Disposal System Project,
the Council does hereby authorize the Mayor, for and on behalf
of the City of Livonia, to execute the Final Order of Abatement,
as well as to do all other things necessary or incidental to
the full performance of this resolution.
On a motion by Councilman Ochala, seconded by Councilman Jurcisin,
and unanimously adopted, it was
1909-88 RESOLVED, that having considered the report and
recommendation of the Planning Director and the City Engineer,
dated August 26, 1988, approved for submission by the Mayor,
and submitted pursuant to Council Resolution 727-88 in connection
with a communication from the City Assessor, dated July 14,
1088, approved for submission by the Mayor, with regard to a
request from Mr. James Harper 20506 Hugh, Livonia, Michigan
and in accordance with the provisions of 1967 P.A. 288, as
amended, as well as Section 18.46 of Ordinance No 543, as
amended, the Livonia Zoning Ordinance, the Council does hereby
approve of the proposed division of Tax Item No. 46 006 99
0026 000 into two parcels, the legal descriptions of which shall
read as follows
Parcel A
The W 1/2 of E 270 0 Ft. of West 300.0 Ft. of S 2 Acres of the
S 1/2 of the S 1/2 of the E 1/2 of the E 1/2 of NW 1/4 Sec.
2 0 41 Acres more or less
Parcel B
The E 270 0 Ft. of W 300 0 Ft. of S 2 Acres of the S 1/2 of
the S 1/2 of the E 1/2 of the E 1/2 of NW 1/4 Sec 2, excluding
�m� the W 1/2 thereof. 0.41 Acres more or less
24461
Ni 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, as well as based upon
the understanding and condition that the aforesaid property
owner will dedicate the 20' right-of-way on Pembroke required
with respect to to both parcels in order to complete the City
right-of-way requirements in this regard.
On a motion by Councilman Ochala, seconded by Councilman Taylor,
it was
#910-88 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 25, 1988, which transmits
its resolution 7-123-88, adopted on July 12, 1988, with regard
to a sign permit application submitted by Westin Development
Company for a monument sign for the Livonia Plaza Shopping Center
located on Five Mile Road at Bainbridge, the Council does hereby
concur in the recommendation of the Planning Commission and
approve the said sign permit application subject to compliance
with the same condition set forth in the aforesaid action of
the Planning Commission
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Ochala, Jurcisin, Feenstra
NAYS Toy, Bishop, McCotter
The President declared the resolution adopted.
On a motion by Councilman Bishop, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#911-88 RESOLVED, that having considered the report and
recommendation of the Mayor, dated August 25, 1988, which bears
the signature of the Director of Finance, and to which is attached
a letter from the Executive Director of the Conference of Western
Wayne which sets forth the City' s membership dues for 1988-1989
in the amount of $4,894.42, the Council does hereby approve
and authorize the payment of the same from funds previously
appropriated for this purpose
24462
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
#912-88 RESOLVED, that having considered a communication from
the City Clerk, dated August 30, 1988, which bears the signature
of the Finance Director, the Council does hereby appropriate
a sum not to exceed $17,500.00 from the Unexpended Fund Balance
Account to be transferred to Account 101-263-730-000, the purpose
of which is to provide funding necessary to cover mailing expenses
for absentee ballots for the balance of the 1988 Fiscal Year
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
it was
WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 308 for the proposed street improvement consisting of placing
approximately four inches of asphalt over the existing roadway,
20 ft. to 22 ft wide (Alternate IV) in the Golden Ridge
Subdivision in the East 1/2 of Section 31 , in the City of Livonia,
Wayne County, Michigan, as required by the provisions of the
lbw City Charter and Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended, a public hearing thereafter having been
held thereon on Thursday, September 1 , 1988 at 8:00 P M. 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 prepared by
the City Assessor to cover the district portion of the cost
of street improvements to be constructed in Special Assessment
District No. 308, 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 August 9, 1988, in the amount of $187,669 20,
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 308 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
24463
the rate of eight (8%) per cent per annum on the
�
unpaid balance of the assessment from the date of
confirmation. 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 adjusted to a rate which is 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 possfble. The first installment shall be due
and payable December 1 , 1989 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
�L as provided by said Section 3 08.180. Any property
�—'
owner assessed may, within sixty (60) days from December
1 , 1989 pay the whole or any part of the assessment
without interest or penalty,
(5) The first installment shall be spread upon the 1989
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 , 1988, and thereafter one (1 ) installment shall
be spread upon each annual tax roll together with
one (1 ) year' s 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 for
40 1 f. (Parcel 124-01-0378-000\ at $12 00 /$480 OO\,
15% of the paving costs /$33,202.801 , and 100% of
the drainage costs /$14,400.00\ for a total amount
of $48,082,80.
24464
lin
On a motion by Councilman Ochala, seconded by Councilman Jurcisin,
it was
Resolved, that the Council does hereby substitute the
following resolution in lieu of the foregoing.
RESOLVED, that the City Engineer, having filed with
the City Clerk a statement dated March 17, 1988 pursuant to
Council Resolution 486-87, adopted on June 3, 1987, 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 proposed street improvement
of Golden Ridge Subdivision in the East 1/2 of Section 31 , City
of Livonia, Wayne County, Michigan, and a public hearing having
been held thereon on September 1 , 1988, pursuant to Council
Resolution 804-88, 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 improvement
A roll call vote was taken on the motion to substitute with the following result
AYES Ochala, Jurcisin
NAYS Toy, Bishop, McCotter, Taylor, Feenstra
The President declared the resolution to substitute denied.
The President relinquished the Chair to the Vice President at 9:30 P M. to speak
to the issue.
The President resumed the Chair at 9:34 P M.
On a motion by Councilman Ochala, seconded by Councilman Taylor,
it was
RESOLVED, that the Council does hereby substitute the
following resolution in lieu of the foregoing
RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated March 17, 1988 on all matters
required by Sections 3 08.060 of the Livonia Code of Ordinances,
24465
as amended, and a first public hearing having been held thereon
on May 25, 1988, after due notice as required by Section 3 08 070
of said Code, and after careful consideration having been given
to all such matters, the Council does hereby, pursuant to Section
3.08 080 of said Code
(1 ) accept and approve said statement in all respects,
(2) determine to make the road improvement consisting of
a 31 ' wide full-depth asphalt pavement (approximately
7-1/2" thick) with concrete curbs and gutters (Alternate
II) in Golden Ridge Subdivision, in the East 1/2 of
Section 31 , City of Livonia, Wayne County, Michigan,
as described in said statement, and to defray the
cost of such improvement by special assessment upon
the property especially benefited in proportion to
the benefits derived or to be derived,
(3) approve the plans and specifications for said
improvements as set forth in said statement dated
March 17, 1988,
(4) determine that the estimated cost of such improvement
is $950,590.00,
(5) determine that the cost of said improvement shall
be paid for in part by special assessments on the
property benefited thereby and in part by the City
at large, in proportions thereafter established,
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall
be 15% of paving (or $110,676 00)and 100% of the
drainage (or $212,750.00) and the additional sum
of $1 ,600.00 for 40 1 .f (Parcel 124-01-0378-000),
and that the balance of said cost and expense of
said public improvement amounting to 84 8% of paving
($625,564.00) shall be borne and paid by special
assessments on all lands and premises in the special
assessment district as herein established in
proportion to the benefits to be derived therefrom,
(7) determine that the assessments made for such
improvement may be paid in fifteen (15) annual
installments together with interest thereon on the
unpaid balance,
(8) designate the assessment district, describing the
land and premises upon which special assessments
110 shall be levied as follows
A special assessment district in the E 1/2 of Section
31 T 1 S. , R. 9 E , City of Livonia, Wayne County,
24466
Michigan, described as containing the property shown
on the Proposed Assessment Roll and the Proposed
Special Assessment District Plan
(9) that the City Assessor is hereby directed to prepare
a special assessment roll including all lots and
parcels of land within the above district designated
by the Council and to assess to each such lot or
parcel of land such relative portions of the whole
sum to be levied against all lands in the special
assessment district as the special benefits to such
lots or parcels of land bear to the total benefit
of all land and also to enter upon such roll the
amount which has been assessed to the City at large,
all in accordance with the determination of the
City Council , and
(10) that upon the completion of said roll the City
Assessor shall attach thereto the certificate required
by the provisions of Section 3 08.100 of the Livonia
Code of Ordinances, as amended, of the City of Livonia
and file the same with the City Clerk who thereupon
is directed to present the same to the City Council ,
prior to the holding of the second public hearing
Iwo thereon pursuant to Section 3.08.110 of the said
code
(11 ) that Council Resolution 576-88, adopted on June
22, 1988, is hereby repealed and rescinded.
A roll call vote was taken on the motion to substitute with the following result
AYES McCotter, Taylor, Ochala, Jurcisin
NAYS Toy, Bishop, Feenstra
The President declared the resolution to substitute adopted
A roll call vote was then taken on the substitute resolution as follows
#913-88 RESOLVED, that the City Engineer having filed with
the City Clerk a statement dated March 17, 1988 on all matters
required by Sections 3 08.060 of the Livonia Code of Ordinances,
as amended, and a first public hearing having been held thereon
on May 25, 1988, after due notice as required by Section 3 08.070
of said Code, and after 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,
24467
(2) determine to make the road improvement consisting
of a 31 ' wide full-depth asphalt pavement (approximately
7-1/2" thick) with concrete curbs and gutters (Alternate
II ) in Golden Ridge Subdivision, in the East 1/2 of
Section 31 , City of Livonia, Wayne County, Michigan,
as described in said statement, and to defray the
cost of such improvement by special assessment upon
the property especially benefited in proportion to
the benefits derived or to be derived,
(3) approve the plans and specifications for said
improvements as set forth in said statement dated
March 17, 1988,
(4) determine that the estimated cost of such improvement
is $950,590.00,
(5) determine that the cost of said improvement shall
be paid for in part by special assessments on the
property benefited thereby and in part by the City
at large, in proportions thereafter established,
(6) that the proportion of the cost and expense of said
low improvement to be borne and paid by the City shall
be 15% of paving (or $110,676 00) and 100% of the
drainage (or $212,750 00) and the additional sum
of $1 ,600 00 for 40 1 f (Parcel 124-01-0378-000) ,
and that the balance of said cost and expense of
said public improvement amounting to 84.8% of paving
($625,564 00) shall be borne and paid by special
assessments on all lands and premises in the special
assessment district as herein established in
proportion to the benefits to be derived therefrom,
(7) determine that the assessments made for such
improvement may be paid in fifteen (15) annual
installments together with interest thereon on the
unpaid balance,
(8) designate the assessment district, describing the
land and premises upon which special assessments
shall be levied as follows
A special assessment district in the E 1/2 of Section
31 T. 1 S. , R 9 E , City of Livonia, Wayne County,
Michigan, described as containing the property shown
on the Proposed Assessment Roll and the Proposed
Special Assessment District Plan
(9) that the City Assessor is hereby directed to prepare
a special assessment roll including all lots and
parcels of land within the above district designated
by the Council and to assess to each such lot or
24468
parcel of land such relative portions of the whole
sum to be levied against all lands in the special
assessment district as the special benefits to such
lots or parcels of land bear to the total benefit
of all land and also to enter upon such roll the
amount which has been assessed to the City at large,
all in accordance with the determination of the
City Council , and
(10) that upon the completion of said roll the City
Assessor shall attach thereto the certificate required
by the provisions of Section 3.08 100 of the Livonia
Code of Ordinances, as amended, of the City of Livonia
and file the same with the City Clerk who thereupon
is directed to present the same to the City Council ,
prior to the holding of the second public hearing
thereon pursuant to Section 3.08 110 of the said
code.
(11 ) that Council Resolution 576-88, adopted on June
22, 1988, is hereby repealed and rescinded
AYES McCotter, Taylor, Ochala, Jurcisin.
LNAYS Toy, Bishop, Feenstra
The President declared the substitute resolution adopted *
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
and unanimously adopted, it was
#914-88 RESOLVED, that the Council does hereby request that
the Public Service Division submit a report and recommendation
based upon a survey of the Golden Ridge Subdivision relative
to water drainage, water pressure and road grading problems.
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
1915-88 RESOLVED, that pursuant to due and proper notice
published and mailed to all property owners in Special Assessment
District No. 308, more particularly described in Council
Resolution 390-88 adopted on April 20, 1988, as required by
the provisions of the City Charter and Title 3, Chapter 8 of
the Livonia Code of Ordinances, as amended, the City Council
L has duly met and reviewed the special assessments levied in
the special assessment roll prepared by the City Assessor to
cover the district in which street lighting is to be installed,
24469
such roll having been prepared on the basis of street lighting
being installed in Bobrich Circle Subdivision, located in the
Southeast 1/4 of Section 11 , City of Livonia, Wayne County,
Michigan, in said Special Assessment District No. 308,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine that said street lights shall be installed with 100-watt
high pressure sodium lights on davitt poles with underground
wiring and that the assessments set forth in said Special
Assessment District No. 308 Roll are fair and equitable and
based upon benefits derived in said district, in accordance
with the plans of the City Engineer and resolutions of the City
Council , said Special Assessment Roll No. 308 based on
installation of 100-watt high pressure sodium lights on davitt
poles with underground wiring is hereby approved and confirmed
in all respects, pursuant to the provisions of Section 3.08. 130
of the Livonia Code of Ordinances, as amended, the City Clerk
shall endorse the date of confirmation on the Assessment Roll ,
and the assessment roll shall then be immediately transmitted
to the City Treasurer who shall take such further action as
set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances,
as amended, and the City Clerk is hereby authorized to transmit
the proper street lighting order to the Detroit Edison Company
on forms provided by them for this purpose.
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#916-88 RESOLVED, that pursuant to due and proper notice
published and mailed to all property owners in Special Assessment
District No. 309, more particularly described in Council
Resolution 430-88 adopted on May 4, 1988, as required by the
provisions of the City Charter and Title 3, Chapter 8 of the
Livonia Code of Ordinances, as amended, the City Council has
duly met and reviewed the special assessments levied in the
special assessment roll prepared by the City Assessor to cover
the district in which street lighting is to be installed, such
roll having been prepared on the basis of street lighting being
installed in Carrington Estates Subdivision, located in the
Northwest 1/4 of Section 9, City of Livonia, Wayne County,
Michigan, in said Special Assessment District No. 309,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine that said street lights shall be installed with 100-watt
high pressure sodium lights with colonial post tops with
underground wiring and that the assessments set forth in said
Special Assessment District No. 309 Roll are fair and equitable
and based upon benefits derived in said district, in accordance
with the plans of the City Engineer and resolutions of the City
24470
iimCouncil , said Special Assessment Roll No. 309 based on
installation of 100-watt high pressure sodium lights with colonial
post tops with underground wiring is hereby approved and confirmed
in all respects, pursuant to the provisions of Section 3.08.130
of the Livonia Code of Ordinances, as amended, the City Clerk
shall endorse the date of confirmation on the Assessment Roll ,
and the assessment roll shall then be immediately transmitted
to the City Treasurer who shall take such further action as
set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances,
as amended, and the City Clerk is hereby authorized to transmit
the proper street lighting order to the Detroit Edison Company
on forms provided by them for this purpose
On a motion by Councilwoman Toy, seconded by Councilman Jurcisin,
and unanimously adopted, it was
1917-88 RESOLVED, that pursuant to due and proper notice
published and mailed to all property owners in Special Assessment
District No. 310, more particularly described in Council
Resolution 391-88 adopted on April 20, 1988, as required by
the provisions of the City Charter and Title 3, Chapter 8 of
1mi the Livonia Code of Ordinances, as amended, the City Council
has duly met and reviewed the special assessments levied in
the special assessment roll prepared by the City Assessor to
cover the district in which street lighting is to be installed,
such roll having been prepared on the basis of street lighting
being installed in the Martin Villa Subdivision, located in
the Northeast 1/4 of Section 8, City of Livonia, Wayne County,
Michigan, in said Special Assessment District No. 310,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine that said street lights shall be installed with 100-watt
high pressure sodium lights with colonial post tops with
underground wiring and that the assessments set forth in said
Special Assessment District No 310 Roll are fair and equitable
and based upon benefits derived in said district, in accordance
with the plans of the City Engineer and resolutions of the City
Council , said Special Assessment Roll No. 310 based on
installation of 100-watt high pressure sodium lights with colonial
post tops with underground wiring is hereby approved and confirmed
in all respects; pursuant to the provisions of Section 3.08 130
of the Livonia Code of Ordinances, as amended, the City Clerk
shall endorse the date of confirmation on the Assessment Roll ,
and the assessment roll shall then be immediately transmitted
to the City Treasurer who shall take such further action as
set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances,
1.1 as amended, and the City Clerk is hereby authorized to transmit
the proper street lighting order to the Detroit Edison Company
on forms provided by them for this purpose
24471
lus
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
and unanimously adopted, it was
1918-88 RESOLVED, that pursuant to due and proper notice
published and mailed to all property owners in Special Assessment
District No. 311 , more particularly described in Council
Resolution 486-88 adopted on May 18, 1988, as required by the
provisions of the City Charter and Title 3, Chapter 8 of the
Livonia Code of Ordinances, as amended, the City Council has
duly met and reviewed the special assessments levied in the
special assessment. roll prepared by the City Assessor to cover
the district in which street lighting is to be installed, such
roll having been prepared on the basis of street lighting being
installed in Pine Creek Subdivision, located in the Southwest
1/4 of Section 9, City of Livonia, Wayne County, Michigan, in
said Special Assessment District No. 311 ,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine that said street lights shall be installed with 100-watt
high pressure sodium lights on davitt poles with underground
imp wiring in the Pine Creek Subdivision and that the assessments
set forth in said Special Assessment District No 311 Roll are
fair and equitable and based upon benefits derived in said
district, in accordance with the plans of the City Engineer
and resolutions of the City Council ; said Special Assessment
Roll No. 311 based on installation of 100-watt high pressure
sodium lights on davitt poles with underground wiring is hereby
approved and confirmed in all respects, pursuant to the provisions
of Section 3.08.130 of the Livonia Code of Ordinances, as amended,
the City Clerk shall endorse the date of confirmation on the
Assessment Roll , and the assessment roll shall then be immediately
transmitted to the City Treasurer who shall take such further
action as set forth in Title 3, Chapter 8 of the Livonia Code
of Ordinances, as amended, and the City Clerk is hereby authorized
to transmit the proper street lighting order to the Detroit
Edison Company on forms provided by them for this purpose.
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
1919-88 RESOLVED, that having considered a communication dated
August 25, 1988, from the Department of Law transmitting for
Council acceptance two Grants of Easement, more particularly
Ldescribed as:
24472
(1 ) Grant of Easement dated August 12, 1988, executed
L by Plymouth Woods Apartments, A Michigan Partnership,
by Sanford L Perlman, Partner, for
An easement for sanitary sewers on, over and across
part of the S.W. 1/4 of Section 30, T.1S. ,R.9E. , City
of Livonia, Wayne County, Michigan, said easement
being 12 00 feet in width and being 6.00 feet on either
side of the following described centerline:
Beginning at a point distant N. 89v09' 16" W. , 143.01
feet; and due North 295.62 feet from the S. 1/4 corner
Of Section 30, T.1S. ,R-9E. , and proceeding thence
along the centerline of said easement 12,00 feet in
width N. 65^47/ 19x W. , 245 54 feet, thence N. 07»32'20o
W. , 262. 20 feet to a point at which the easement splits
into two legs, one leg of which bears N 30^26' 30"
E. , 152.00 feet to its terminus, the other leg of
which bears N. 43"07'09" W. , 119.73 feet, and N
76°34' 57" W. , 136 48 feet, to a point at which the
easement splits into two legs, one leg of which bears
N. 05vl7/00" W. , 208 20 feet, and N 74"54/ 40x W. ,
268.00 feet to its terminus, the other leg of which
bears S. 16o27'0l " W. , 113 49 feet, and N. 73"44' 29"
imp W. , 208.00 feet, and N. 84^06' 24", W. , 162,47 feet
to its terminus.
(2) Grant of Easement dated August 12, 1988, executed
by Plymouth Woods Apartments, A Michigan Partnership,
by Sanford L. Perlman, Partner, for
An easement for water main on, over, and across part
of the S W. 1/4 of Section 30, T lS, ,R,9E , City of
Livonia, Wayne County, Michigan, said easement being
20.00 feet in width and lying 10 00 feet on either
side of the following described centerline
Beginning at a point distant N. 89"09' 16o W. , 143,01
feet and due North 219.62 feet from the S. 1/4 corner
Of Section 30, T.15 ,R.9E , and proceeding thence
along the centerline of said easement 20,00 feet in
width, due West 10.00 feet, thence due North 187,57
feet, thence S. 89p05' l0x W. , 131 . 50 feet, thence
on a curve concave to the East radius 163.50 feet,
central angle 50"00'33", (the chord of said curve
bears N. 27°55'06" W. , 138.22 feet) a distance of
142.71 feet, thence N. 02"54' 50" W. , 125.26 feet,
thence N. 42"02' 10" W. , 287.96 feet to a point where
the easement splits into two legs, one leg of which
bears N. l2^02/04o W. , 96.62 feet and N. 71 "30/00»,
Imp
E, , 94.38 feet to its terminus, the othSr leg nf which
bears S. 83°30'00" W , 141 .08 feet, and on a curve
24473
lbw
to the right radius 248 50 feet, central angle 40°49' 10"
(the chord of said curve bears N 76°05'45" W , 173.32
feet), a distance of 177.04 feet, and on a curve to
the left radius 238 36 feet, a central angle 28°50'05"
(the chord of said curve bears N. 70°05' 53" W , 118 69
feet), a distance of 119.96 feet, and N 00°18' 34"
W. , 223.20 feet, and N 15°25' 40" E. , 110.75 feet
to the point of ending of said easement, (said point
of ending being the Southerly line of Plymouth Road
120.00 feet wide).
the Council does hereby for and in behalf of the City of Livonia
accept the aforesaid Grants of Easement and the City Clerk is
hereby requested to have the same recorded in the office of
the Register of Deeds and to do all other things necessary or
incidental to the fulfill the purpose of this resolution
On a motion by Councilman Taylor, seconded by Councilman Ochala,
and unanimously adopted, it was
#920-88 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 Councilwoman McCotter, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#921-88 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
12, 1988, and submitted pursuant to Council Resolution 648-88
in connection with a communication from the City Planning
Commission, dated May 11 , 1988, which sets forth its resolution
4-67-88, adopted on April 26, 1988, with regard to Petition
88-3-1-6, submitted by Daniel Ryan for Barbara L Evans and
Janet M Clugston, for a change of zoning on property located
on the southeast corner of Brookfield and Lyndon in the Southwest
1/4 of Section 22, from RUF to R-1 , as amended to R-1B, and
the Council having conducted a public hearing with regard to
this matter on June 29, 1988, pursuant to Council Resolution
501-88, the council does hereby concur in the recommendation
of the Planning Commission and the said Petition 88-3-1-6 is
hereby approved and granted, as amended, and the City Planner
is hereby instructed to cause the necessary map for publication
to be prepared indicating the zoning change herein approved
lbeand 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
24474
LOn a motion by Councilman Ochala, seconded by Councilman Taylor,
it was
#922-88 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
12, 1988, and submitted pursuant to Council Resolution 761-88
in connection with a letter from the Michigan Liquor Control
Commission, dated May 6, 1988, and the report and recommendation
of the Chief of Police, dated August 2, 1988, the Council does
hereby approve of the request of Pearl M. Vorgitch and Michael
J. Vorgitch, stockholders in Kirk' s Kwik Stop, Inc. for transfer
of ownership of a 1987 SDM only of a 1987 SDD-SDM licensed
business with off-premise storage from Richard P. George, for
a business located at 38675 Ann Arbor Road, 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.
A roll call vote was taken on the foregoing resolution with the following result.
AYES Toy, McCotter, Taylor, Ochala, Jurcisin.
NAYS: Bishop, Feenstra.
The President declared the resolution adopted.
On a motion by Councilwoman Toy, seconded by Councilman Ochala,
and unanimously adopted, it was
1923-88 RESOLVED, that having considered a letter from James
T. Hovey, 9815 Berwick Avenue, Livonia, Michigan 48150, dated
September 14, 1988, requesting permission to close the third
block of Berwick, from Orangelawn to to West Chicago, on September
24, 1988 from 1 .00 P.M. to 7 00 P.M. for the purpose of conducting
a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to the
approval of the Police Department.
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy, and
unanimously adopted, this 1 ,136th Regular Meeting of the Council of the City of
Livonia was adjourned at 10:10 P.M. , September 14, 1988.
Robert T-----Nash, City CM-4.--