HomeMy WebLinkAboutCOUNCIL MINUTES 1987-11-23 23766
MINUTES OF THE ONE THOUSAND ONE HUNDRED AND SIXTEENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On November 23, 1987, 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 8:05 P M Councilman Ochala delivered the invocation. Roll was
called with the following result. Present Robert E. McCann, Joan McCotter, Fernon
P Feenstra, Robert R. Bishop, Gerald Taylor, Robert D. Bennett and Ron Ochala,
Absent: None.
Elected and appointed officials present. Robert F Nash, City Clerk, Harry
Tatigian, City Attorney, John Nagy, Planning Director, Raul Galindo, City Engineer;
David Preston, Finance Director, Marilyn Kazmer, Director of Legislative Affairs,
Ron Reinke, Superintendent of Parks and Recreation, Jeanne Treff, Cable TV Director
and John J. Fegan, Director of Building Inspection.
On a motion by Councilman Bishop, seconded by Councilman Taylor,
and unanimously adopted, it was
#1115-87 RESOLVED, that the minutes of the 1 ,115th Regular
Meeting of the Council of the City of Livonia, held November
16, 1987 are hereby approved.
On a motion by Councilman Taylor, seconded by Councilman Feenstra,
it was
#1116-87 RESOLVED, that having considered a letter from John
Musico, 19215 Purlingbrook, Livonia, Michigan 48152, dated
November 9, 1987, to which is attached a petition signed by
certain residents requesting a street improvement on Purlingbrook,
North of Seven Mile Road, the Council does hereby request that
the Engineering Department submit its report and recommendation
with regard to this item, including therein the alternative
road improvement options that may be available in this and similar
cases
#1117-87 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 30,
1987, approved for submission by the Mayor Pro Tem, and to which
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L is attached a Schedule of Budget Adjustments which reflect changes
of $46,453 00 in the library fund, and $13,418.00 in the general
fund, the Council does hereby concur in and approve of such
action.
#1118-87 RESOLVED, that having considered the report and
recommendation of the Director of Building Inspection and the
Director of Public Works, dated October 29, 1987, which bears
the signature of the Director of Finance and is approved for
submission by the Mayor Pro Tem, the Council does, pursuant
to paragraph 3 of the current contract between the City of Livonia
and Pritula & Sons Excavators, which was previously authorized
in Council Resolution 337-85, adopted on May 8, 1985, extend
for a one (1 ) year period to cover 1988, the weed cutting
contract, based upon the same terms and conditions as were
previously in effect in 1985, and extended to include 1986 and
1987.
#1119-87 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated November 12,
1987, and submitted pursuant to Council Resolution 277-87 in
connection with a letter from Denis A. Tapper, 27427 Long,
Livonia, Michigan 48152, dated March 20, 1987, wherein an interest
is indicated in the purchase of certain vacant property owned
by the City of Livonia, being Lot 41 of the Argonne Subdivision,
the Council does hereby determine to take no further action
with respect to this item
11120-87 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated November 12,
1987, and submitted pursuant to Council Resolution 236-87 in
connection with a letter from Earl Goodwin, 11724 Cardwell ,
Livonia, Michigan 48150, dated February 27, 1987, indicating
an interest in purchasing Lot 375 of Schanhites Marquette Manor
Subdivision located at 11684 Cardwell , Livonia, Michigan, the
Council does hereby determine to take no further action with
respect to this item.
11121-87 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated November 12,
1987, and submitted pursuant to Council Resolution 581-87, in
connection with a letter from Mario Kobal , 29071 Sunnydale,
Livonia, Michigan 48154, dated May 14, 1987, which indicates
an interest in the purchase of certain City-owned property located
at 29091 Sunnydale, being Lot 228 of the Supervisor' s Livonia
Plat No 3 (051-01-0228-000), the Council does hereby determine
to take no further action with respect to this item.
11122-87 RESOLVED, that having considered a communication from
the Mayor Pro Tem, dated November 16, 1987, which bears the
signature of the Finance Director, and to which is attached
Invoice B 5758, submitted by Harold Thomas Nursery, Inc. , in
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the amount of $5,992.00 for certain landscaping which was
completed relative to 28663-28691 Plymouth Road, in connection
with the 1987 Roads and Beautification project, the Council
does hereby approve and authorize the payment of same, further,
the Council does hereby authorize the said item without
competitive bidding, and such action is taken in accordance
with the provisions set forth in Section 3.04 140 D. 5 of the
Livonia Code of Ordinances, as amended.
#1123-87 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, January
6, 1988, at 8 00 P.M. at the City Hall , 33000 Civic Center
Drive, Livonia, Michigan, with respect to the following items
1 . Petition 87-9-1-33, submitted by Jerry and Joanne
Rodzewicz, for a change of zoning on property located
on the West side of Brentwood Avenue, between Seven
Mile Road and Pembroke Avenue, in the S W. 1/4 of Section
1 from R-1 to RUF, the City Planning Commission in its
Resolution 10-244-87 having recommended to the City
Council that Petition 87-9-1-33 be approved,
2. Petition 87-9-1-34, submitted by Maria R Balleza, for
a change of zoning on property located on the East side
of Newburgh Road between Joy Road and Ann Arbor Trail ,
in the S.W. 1/4 of Section 32, from RUF to R-1 , the
City Planning Commission in its Resolution 10-245-87,
having recommended to the City Council that Petition
87-9-1-34 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/or (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.
L #1124-87 WHEREAS, the City Clerk has received an Application*
from Roma' s of Michigan, Inc. , dated September 11 , 1987, covering
*for Industrial Facilities Exemption Certificate
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ibm new industrial facilities to be located within City of Livonia
Industrial Development District No. 43,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA
that it determines as follows
1 . The City Clerk shall provide copies of the said
Application to the legislative bodies of the governmental
units deriving property taxes from the property which
will be affected, as required by Act 198, P.A. 1974,
as amended.
2. The City Clerk shall contact each of the affected taxing
units and, (i ) indicate the Council ' s interest in this
matter, and (ii ) assist these taxing units in collecting
such information as may be necessary to determine their
respective opinions on this Application and, (iii ) advise
the said taxing units of this Council ' s desire to hold
a hearing on this Application on Wednesday, January
6, 1988 at 8 00 P M at the Livonia City Hall , 33000
Civic Center Drive, Livonia, Michigan
3. The Council hereby sets Wednesday, January 6, 1988 at
8.00 P.M. at the Livonia City Hall , 33000 Civic Center
Drive, Livonia, Michigan, as the date, time and place
for conducting a hearing on this Application.
A roll call vote was taken on the foregoing resolutions with the following result•
AYES Ochala, McCotter, Feenstra, Bishop, Taylor, Bennett, McCann
NAYS None
Councilman Ochala took from the table and gave second reading to
the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition
87-7-3-7)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES Ochala, McCotter, Feenstra, Bishop, Taylor, Bennett, McCann.
NAYS None.
The President declared the Ordinance duly adopted
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issCouncilwoman McCotter took from the table, for second reading and adoption,
the following Ordinance•
AN ORDINANCE AMENDING SECTION 010 OF CHAPTER
16 (PARKS AND PLAYGROUNDS) OF TITLE 12 OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED,
BY ADDING SUBSECTIONS 45, 46 and 47 THERETO.
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Ochala, McCotter, Feenstra, Bishop, Taylor, Bennett, McCann.
NAYS None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilman Feenstra took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTIONS 010 THROUGH
100 AND REPEALING SECTIONS 110 THROUGH
200 OF CHAPTER 32 (NOISE) OF TITLE 8 OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result
AYES Ochala, McCotter, Feenstra, Bishop, Taylor, Bennett, McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 300 (c) OF
CHAPTER 04 (BUILDING CODES) OF TITLE 15
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the office of the City Clerk and is the same as if word for word repeated herein
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Imo The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council
On a motion by Councilman Bishop, seconded by Councilman Bennett,
it was
11125-87 RESOLVED, that having considered a letter from Richard
L. Shriner, dated September 17, 1987, with regard to the street
improvement on Terrence (Middlebelt to Harrison in Section 13),
the Council does hereby determine to revise and amend the special
assessment levied with respect to Lot 345-003 of the Supervisor' s
Livonia Plat No. 5 on the basis of a 291 ft. assessment rather
than that originally levied in Special Assessment District No
285, pursuant to Council Resolution 614-87 adopted on July 1 ,
1987, and the City Treasurer is hereby requested to do all things
necessary or incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result
AYES. Ochala, McCotter, Bishop, Bennett, McCann.
NAYS. Feenstra, Taylor.
The President declared the resolution adopted
On a motion by Councilman Bishop, seconded by Councilman Feenstra,
it was
#1126-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 9, 1987, which
transmits its Resolution 9-230-87, adopted on September 29,
1987, with regard to a sign permit application submitted by
Lucy D'Orazio for approval to erect a new ground sign on an
existing pole located at 33529 Seven Mile Road, 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
recommendation of the Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Ochala, Feenstra, Bishop, Taylor, Bennett.
NAYS: McCotter, McCann.
The President declared the resolution adopted
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On a motion by Councilman Bishop, seconded by Councilman Feenstra,
it was
RESOLVED, that having considered a communication from
the City Assessor, dated October 29, 1987 , approved for submission
by the Mayor Pro Tem, with regard to a request from CBS/FOX,
39000 Seven Mile, Livonia, Michigan 48152, and in accordance
with the provisions of 1967 PA 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. 46 023 99 0001 000 (O6K1B 2A1A 2A1B
2A1C) into three parcels, the legal descriptions of which shall
read as follows
DESCRIPTION OF PARCEL 1
A parcel of land being a part of the S.W. 1/4 of Section 6,
T. 1S. , R. 9E. , City of Livonia, Wayne County, Michigan described
as follows:
Commencing at the S W. corner of Section 6, T. 1S. , R. 9E. ,
City of Livonia, Wayne County, Michigan and proceeding thence
N. 01051 '00" E , 922.71 feet along the West line of said Section
and N 87°11 '00: E. , 60.20 feet to THE POINT OF BEGINNING AND
PROCEEDING THENCE N. 01 °51 '00" E. , 1 ,122.81 feet, thence S.
88°47'02" E. , 848.29 feet, thence S. 00°32' 50" E. , 239.91 feet,
thence S. 04°54' 13" W. , 620.00 feet; thence S. 20°45'47" E. ,
190 00 feet, thence S. 24°54'13" W. , 350 00 feet, thence S
04°35'47" E. , 41 .82 feet, thence N. 85°24' 13" E. , 183.49 feet,
thence S. 02°15'12" E. , 308.12 feet, thence S. 29°16'42" W. ,
173.19 feet, thence N. 40°27'09" W. , 27.00 feet, thence N.
88°14'49" W. , 50.00 feet, thence S. 01 °45' 11 " W. , 20 00 feet,
thence N. 88°14'49" W. , 96.86 feet, thence S. 01°45' 11 " W. ,
160.00 feet, thence N. 88°14' 49" W. , 239.90 feet, thence N.
88°09'00" W. , 270.89 feet, thence 97.82 feet along the arc of
a curve to the right having a radius of 190 56 feet passing
through a central angle of 29°24'42" with a long chord bearing
N. 73°26' 39" W. , 96.75 feet, thence N. 58°44' 18" W. , 109.79
feet; thence 53.58 feet along the arc of a curve to the right
having a radius of 50.67 passing through a central angle of
60035' 18" with a long chord bearing N. 28°26' 39" W. , 51 .12 feet,
thence N. 01051 '00" E. , 544.61 feet, thence N. 87°11 '00" E. ,
150.00 feet, thence N. 01°51 '00" E , 200 00 feet, thence S.
87°00'27" W. , 150.00 feet to the point of beginning and containing
38.326 acres of land more or less
DESCRIPTION OF PARCEL 2
imm A parcel of land being a part of the S.W. 1/4 of Section 6,
T. 1S. , R. 9E. , City of Livonia, Wayne County, Michigan described
as follows
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Commencing at the S W. corner of Section 6, T. lS. , R. 9E. ,
N�
City of Livonia, Wayne County, Michigan and proceeding thence
S. 88v14'49x E. , 947 38 feet along the South line of said Section
and N. 01v45' 11x E. , 60 00 feet to the point of beginning and
proceeding thence N. 03"0O' 58" E. , 160,04 feet, thence N.
29«18' 42n E , 173,19 feet, thence N. 02»l5' l2x W. 308 12 feet
thence S. 85"24' 13" W. , 183.49 feet, thence N. 04° 35' 47"
W. , 41 82 feet, thence N. 24"54' 13" E. , 350 00 feet; thence
N. 20v45' 47n W. , 190.00 feet, thence N. 04«54' 13n E. , 592.98
feet, thence S. 50o47'02" E. , 75.48 feet, thence S. 84°29/ 49»
E. , 165 30 feet, thence N. 15"30' lln E. , 325.68 feet, thence
S. 88v47/02» E. , 548,01 feet, thence 49.33 feet along the arc
of a curve to the right having a radius of 5,593 58 feet passing
through a central angle of 00"30'19" with a long chord bearing
S. 22°23' 29" E. , 49.33 feet, thence S. 16^42' 14n E. , 173,87
feet, thence S. 02"03' l6x W. , 886.13 feet, thence S. 24^29' 57"
W. , 175,73 feet; thence S. 35^22' l0'/ W. , 443 28 feet; thence
S. 01^45/ 11 " W. , 213.05 feet, thence S. 46»45' 1ln W. , 176,78
feet; thence N. 88"l4'49x W. , 210.00 feet, thence S. 01 *45'll "
W. , 40,00 feet, thence N. 88»14'49x W , 248.95 feet to the point
of beginning and containing 35.023 acres of land more or less.
DESCRIPTION OF PARCEL 3
l Vf land being a part of thS 3.W. l /4 of 3ectioO O,
T. lS, , R, 9E, , Citv of LiVqnia, Wayne Countv, Michigan describgd
LA
as follows:
Commencing at the S W. corner of Section 6, T. 1S. , R. 9E. ,
City of Livonia, Wayne County, Michigan and proceeding thence
N. 01"51 /OOx E. , 2,049.75 feet along the west line of said Section
and S. 88p47'02o E. , 908 29 feet to the point of beginning and
continuing thence S. 88v47'02x E. , 23. 12 feet, thence N. 01^47/ 48"
E. , 542.91 feet, thence S. 88"47/02n E. 596 14 feet, thence
594 02 feet along the non-tangent arc of a curve to the right
having a radius of 5,593 58 feet passing through a central angle
of 06»05/05o with a long chord bearing S 22"38' l6" E. , 593.74
feet; thence N. 88°47/02x W , 548,01 feet, thence S 15*30' l1 "
W. , 325.68 feet, thence n. 84"29/ 490 W. , 165,30 feet, thence
N. 59»47'02x W. , 75 48 feet, thence N O4u54' 13n E , 27 04 feet;
thence N. 00^32' 50x W. , 239.91 feet to the point of beginning
and containing 10,930 acres of land more or less.
DESCRIPTION OF INGRESS-EGRESS EASEMENT
A 66 ft. wd, ingress-egress easement being part of the SW 1/4
of Section 6, T,13 , R 9E. , City of Livonia, Wayne County,
Michigan described as follows
Commencing at the SW corner of Section 6, T lS R.9E. , City of
Livonia, Wayne County, Michigan and proceeding thence N. 01 «57 /0O»
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1mm E. , 922.71 feet along the West line of said Section and N.
87°11 '00" E. , 60.20 feet and N. 01°51 '00" E. , 1038 74 feet to
the point of beginning continuing thence N 01°51 '00" E. , 66.11
feet; thence N 88°28' 44" E. , 109.68 feet, thence N. 89°09'08"
E. , 201 .29 feet, thence 196.27 feet along the arc of a curve
to the right having a radius 357.04 feet passing through a central
angle of 31 °29'46' with a long chord bearing S. 75°05' 59" E. ,
193.81 feet, thence S. 59°21 '06" E. 404.15 feet, thence 4.64
feet along the arc of a curve to the left having a radius of
299.96 passing through a central angle of 00°53' 10" with a long
chord bearing S 59°53' 35" E. , 4 64 feet; THENCE S. 04°54' 13'
W. 7138 feet; thence 35 70 feet along the arc of a curve to
the right having a radius of 365.97 feet passing through a central
angle of 05°35' 22" with a long chord bearing N. 62°09' 33" W. ,
35.69 feet; thence N. 59°21 '06" W. 404.15 feet; thence 159.99
feet along the arc of a curve to the left having a radius of
291 .04 passing through a central angle of 31°29' 46" with a long
chord bearing N 75°05' 59" W. 157 98 feet, thence S. 89°09'08"
W. 200.93 feet; thence S. 88°28' 44" W , 113.15 feet to the point
of beginning and containing 1 ,386 acres of land more or less.
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.
On a motion by Councilman Taylor, seconded by Councilman Bennett,
it was
11127-87 RESOLVED, that having considered a communication from
the City Assessor, dated October 29, 1987, approved for submission
by the Mayor Pro Tem, with regard to a request from CBS/FOX,
39000 Seven Mile, Livonia, Michigan 48152, requesting a proposed
division of Tax Item No 46 023 99 0001 000 (06K1B 2A1A 2A1B
2AIC) into three (3) parcels, 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: Ochala, McCotter, Taylor, Bennett, McCann
NAYS: Feenstra, Bishop.
The President declared the resolution adopted
On a motion by Councilman Ochala, seconded by Councilman Feenstra, and
23775
lim unanimously adopted, it was
#1128-87 RESOLVED, that the Council does, pursuant to Section
23 01 (a) of Ordinance No. 543, request that the City Planning
Commission conduct a public hearing, and thereafter submit its
report and recommendation with regard to the proposed rezoning
of said property located North of Seven Mile Road, East of
Haggerty Road, and South of Phillips Road, from M-1 and C-2
(and P.O. ) to a more appropriate zoning classification.
On a motion by Councilman Feenstra, seconded by Councilman Taylor, and
unanimously adopted, it was
#1129-87 RESOLVED, that having considered a communication from
the Historic Preservation Commission, dated October 30, 1987,
approved by the Finance Director, and approved for submission
by the Mayor Pro Tem, with regard to the proposed restoration
of the Clarenceville Cemetery Fence, the Council does hereby
authorize a carry over of $9,506.00 in Account 113-736-974-000
of the 1987 budget for use in connection with this project during
the 1987-1988 fiscal year.
On a motion by Councilman Ochala, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#1130-87 RESOLVED, that having considered a communication from
the Department of Law, dated November 5, 1987, approved by the
City Engineer and the Finance Director, and approved for
submission by the Mayor Pro Tem, the Council does hereby authorize
the Department of Law to acquire Newburgh Road right-of-way
located in Section 31 , owned by Cornelius H Suddendorf and
Evelyn M. Suddendorf, his wife, which land is more particularly
described as follows.
The West 27 feet of the following parcel of land
Lot 746, except the North 152.75 feet thereof, Supervisor' s
Livonia Plat No. 12, as recorded in Liber 66, Page 65
of Plats, Wayne County Records, said plat being a part
of Section 32, T. 1 S. , R 9 E. , Livonia Township (now
City of Livonia) . Wayne County, Michigan. (Newburgh Road
right-of-way).
(Tax Item No 46-121-01-0746-004 - 9116 Newburgh Road)
subject to the following conditions.
(1 ) the purchase price shall be in the sum of $53,600.00;
23776
(2) the City of Livonia shall pay for the cost of title
work in the sum of $150 00,
(3) the City' s portion of the prorated City, County, County
Drain, School and Community College Taxes shall be
in a sum not to exceed $1200 00,
(4) a lease in which the purchaser shall rent this property
to the sellers. Sellers shall have free occupancy
from date of closing until May 1 , 1988. Sellers shall
pay purchaser $300.00 a month rent thereafter and
shall pay all utilities and insurance during the term
of the lease. Purchaser may have possession on or
after completion of the roadway widening, upon 180
days written notice to sellers
(5) purchaser may remove any portion of the building needed
for roadway or utility construction, provided the
building area exposed by such removal is restored
to weather proof condition.
(6) within 120 days of sellers vacating the existing
dwelling, the purchaser will demolish the same.
Purchaser may freely enter upon the abutting premises
of sellers to complete said demolition
lis
BE IT FURTHER RESOLVED, that a sum not to exceed $54,950.00
is hereby appropriated and authorized to be expended from the
7.9 Million Dollar General Obligation Road Improvement Bond
Issue for the acquisition of the said right-of-way, 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 Taylor, seconded by Councilman Bishop, and
unanimously adopted, it was
#1131-87 RESOLVED, that having considered a communication from
the Mayor Pro Tem, dated November 12, 1987, the Council does
hereby approve of and concur in the appointment of James C.
McCann, 18435 Mayfield, Livonia, Michigan 48152, to the City
Planning Commission, to fill the unexpired term of Jean
Hildebrandt, which will expire on June 9, 1990, provided that
Mr. McCann takes the oath of office as required in Chapter X
of Section 2 of the City Charter, to be administered by the
Office of the City Clerk.
On a motion by Councilman Taylor, seconded by Councilman Bennett,
it was
23777
#1132-87 RESOLVED, that having considered a communication from
ifto the Superintendent of Parks and Recreation, dated November 9,
1987, approved for submission by the Finance Director and the
Mayor Pro Tem, and which transmits Parks & Recreation Resolution
1929-87, wherein certain increases are recommended for greens
fees at the Municipal Courses, the Council does hereby approve
the following greens fees at the Municipal Courses, commencing
with the 1988 season.
Residents. Fees
Mon-Fri 9 holes 6.50
18 holes 10.50
Sat/Sun/Hol 9 holes 7 50
18 holes 11 .50
Seniors 9 holes 3.00
18 holes 6.00
Juniors 9 holes 3 00
18 holes 6.00
Twilight 4 00
Non-resident.
Mon-Fri 9 holes 8.50
18 holes 13.00
Sat/Sun/Hol 9 holes 10.50
lorm 18 holes 14.00
Twilight 5.00
Further, the Council does hereby authorize $1 00 from each round
of golf to be placed in a Capital Improvement Fund to pay for
improvements to the Municipal Golf Courses.
A roll call vote was taken on the foregoing resolution with the following result
AYES. McCotter, Taylor, Bennett, McCann
NAYS: Ochala, Feenstra, Bishop
The President declared the resolution adopted
On a motion by Councilman Feenstra, seconded by Councilwoman McCotter,
it was
#1133-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 4, 1987, which
transmits its Resolution 10-248-87, adopted on October 27, 1987,
with regard to Petition 87-9-2-44, submitted by Family Auto
Care, Inc. , requesting waiver approval for an auto repair facility
within an existing building located on the West side of Belden
Court, North of Plymouth Road, in the S.W. 1/4 of Section 28,
which property is zoned M-1 , the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 87-9-2-44 is hereby approved and granted, such approval
to be based upon the same conditions as those set forth in the
aforesaid recommendation of the Planning Commission
23778
A roll call vote was taken on the foregoing resolution with the following result:
AYES Ochala, McCotter, Feenstra, Bishop, Bennett, McCann.
NAYS: Taylor
The President declared the resolution adopted
On a motion by Councilwoman McCotter, seconded by Councilman Ochala, and
unanimously adopted, it was
#1134-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 6, 1987, which sets
forth its Resolution 9-218-87, adopted on September 29, 1987,
with regard to Petition 87-7-2-38 submitted by George Gomolak,
requesting waiver use approval to utilize an SDM license within
an existing retail store located on the Southwest corner of
Ann Arbor Road and Knolson in the Southwest 1/4 of Section 31 ,
which property is zoned C-1 , and the Council having conducted
a public hearing with regard to this matter on November 18,
1987, pursuant to Council Resolution 988-87, the Council does
hereby concur in the recommendation of the City Planning
110 Commission and said Petition 87-7-2-38 is hereby denied for
the same reasons as those set forth in the action taken by the
Planning Commission.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
11135-87 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
5.718 acres in size, lying in the Southeast 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 46", and
WHEREAS, written notice has been given by certified mail to
Kirco Realty & Development Ltd. of the Council 's pending action
1110 on this resolution and of its right to a hearing on the
establishment of proposed City of Livonia Industrial Development
District No. 46, and
23779
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. 46, and
WHEREAS, on November 18, 1987 a public hearing was held on the
establishment of proposed City of Livonia Industrial Development
District No. 46, at which time Kirco Realty & Development Ltd. ,
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 Kirco Realty & Development
Ltd. attended said hearing and acknowledged receipt of notice
of such hearing on behalf of the said corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA,
AS FOLLOWS:
1 . An Industrial Development District is hereby established,
such district to consist of the area described in Exhibit
A, attached hereto.
2. Such Industrial Development District is hereby designated
as the "City of Livonia Industrial Development District
No. 46."
EXHIBIT A
A parcel of land situated in the Southeast 1/4 of Section
26, T 1 S , R 9 E. , City of Livonia, Wayne County,
Michigan described as commencing at the South 1/4 corner
of said Section 26 and proceedings thence S 89° 58'
59" E , 656.07 feet, N 00° 20' 35" W. , 930.02 feet
and S 89° 58' 59" E. , 60.00 feet to the POINT OF
BEGINNING thence N 00° 20' 35" W. , 158.21 feet, thence
79.17 feet along the arc of a 100 00 foot radius curve
concave to the Southeast with a central angle of 45
21 ' 32", a chord of 77 12 feet and a chord bearing of
N. 22° 20' 11" E. , thence N 45° 00' 57" E. , 596.14
feet, thence N. 00° 13' 52" W. , 62 50 feet, thence N.
89° 46' 08" E , 10.25 feet, thence S. 00° 13' 52" E. ,
349 22 feet, thence N. 89° 46' 38" E , 135.00 feet,
thence S. 00° 13' 52" E , 364.98 feet, thence N. 89°
58' 59" W. , 597.89 feet to the POINT OF BEGINNING,
containing 249,069 square feet or 5 718 acres.
On a motion by Councilman Taylor, seconded by Councilman Bennett, and
unanimously adopted, it was
23780
11136-87 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 299, more particularly described in Council Resolution 735-87,
adopted on August 10, 1987, 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
Sunset Park Estates Subdivision in the Southeast 1/4 of Section
11 , in said Special Assessment District No 299,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine that street lights shall be installed consisting of
100 watt high-pressure sodium lights on colonial post tops,
with underground wiring, and that the assessments set forth
in said Special Assessment District No 299 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. 299 based
on installation of 100 watt high-pressure sodium lights on
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,
Iwo
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 Feenstra, seconded by Councilman Taylor, and
unanimously adopted, it was
#1137-87 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 10,
1987, approved for submission by the Finance Director and the
Mayor Pro Tem, the Council does, for and on behalf of the City
of Livonia, accept a cash donation in the amount of $250.00
from Livonia Soccer Booster Club, and does further authorize
the use of same for improvements and beautification of Jaycee
Park
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
Lim unanimously adopted, it was
23781
lbw #1138-87 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82
so as to permit consideration of several items that do not appear
on the agenda
On a motion by Councilman Feenstra, seconded by Councilman Bennett,
it was
RESOLVED, that having considered a communication from
the Department of Law, dated November 16, 1987, and a
communication from the Director of Finance, dated November 23,
1987, approved for submission by the Mayor Pro Tem, with regard
to Council Resolution 761-87, which authorized the sale of certain
City-owned property located at 31736 W. Chicago, Livonia,
Michigan, to Jane and Brian Devlin, the Council does hereby
determine to rescind and repeal Council Resolution 761-87 and
authorize the Director of Finance to take new bids with respect
to this property, the action herein being taken for the reasons
herein indicated in the aforesaid communications.
A roll call vote was taken on the foregoing resolution with the following result:
AYES• Ochala, Feenstra.
NAYS• McCotter, Bishop, Taylor, Bennett, McCann
The President declared the resolution denied.
On a motion by Councilman Bishop, seconded by Councilwoman McCotter,
it was
#1139-87 RESOLVED, that having considered a communication from
the Department of Law, dated November 16, 1987, and a
communication from the Director of Finance, dated November 23,
1987, approved for submission by the Mayor Pro Tem, the Council
does hereby determine to amend Council Resolution 761-87 which
authorized the sale of certain City-owned property located at
31736 W. Chicago, Livonia, Michigan, to Jane and Brian Devlin,
in the amount of $58,000 00 cash, so as to permit the completion
of this transaction on the basis of a two-year installment
contract with 5% down and the balance at 9% interest, with a
30 year amortization, as well as based upon the immediate repair
of the subject property by the expenditure of $30,000 00, and
the Mayor Pro Tem and City Clerk are hereby requested to execute
the aforesaid land contract, subject to approval as to form
by the Department of Law, as well as to do all other things
necessary or incidental to fulfill the purpose of this resolution.
23782
IwoA roll call vote was taken on the foregoing resolution with the following result
AYES: McCotter, Bishop, Taylor, Bennett, McCann.
NAYS: Ochala, Feenstra.
The President declared the resolution adopted.
On a motion by Councilman Bennett, seconded by Councilman Bishop, and
unanimously adopted, it was
#1140-87 WHEREAS, the City of Livonia, State of Michigan (the
"Municipality") has issued one or more series of notes pursuant
to Section 3b of Chapter IV of 1943 Public Act 202, as amended,
(the "Notes") identified as follows
$31 ,000,000 C-TANS (Summer, 1986) , and
$37,600,000 C-TANS (Winter, 1986) ,
and
WHEREAS, the Municipality has in connection with the marketing
of the Notes represented that the interest paid on the Notes would
be exempt or excluded from federal income tax, and
WHEREAS, the Service in its Announcement 87-64 stated.
"In the case of current tax anticipation
notes issued by townships and cities in Michigan
before June 26, 1987, the Internal Revenue
Service is willing to enter into closing
agreements pursuant to Section 7121 of the
Code not to tax the interest on the notes
subject to the condition that the issuer pay
to the Internal Revenue Service an amount
that will compensate the United States for
a substantial portion of the loss of federal
income tax revenues attributable to the issuance
of such notes," and
WHEREAS, the Municipality has reviewed all relevant facts and
circumstances bearing upon the Notes and the legal and factual
premises relied upon by the Service, has consulted with all
employees, agents, consultants and legal and financial
professionals as it has determined necessary or appropriate
to the adoption of this Resolution, and
WHEREAS, in furtherance of the representations of the Municipality
and as an agreed upon settlement of the assertion of claims
with respect to the Notes, the Municipality wishes and has
23783
lbw determined that it is in the best interest of the Municipality
and is reasonable and necessary to be a part of the Closing
Agreement in order to avoid lengthy, costly litigation or,
alternatively, pursuit of a separate resolution with the Service,
and
WHEREAS, the Municipality has reviewed a Participation Agreement
to be entered into between the State Treasurer and the
Municipality.
NOW, THEREFORE, BE IT RESOLVED.
1 . The Municipality recognizes that in order to satisfy
the claims and concerns of the Service it must provide payment
to the Service and further recognizes that by taking advantage
of the terms discussed by the State Treasurer and the Service
it may avoid costly alternatives
2 The Municipality hereby consents and requests that
the State Treasurer enter into a Closing Agreement on its behalf
providing for settlement of the Service' s claims for a sum which
requires the Municipality' s share to be no more than $241 ,494.00.
3. The Mayor Pro Tem and the City Clerk of the
Municipality are hereby authorized to approve the terms of and
im• to execute and deliver any and all documents necessary in
connection with the carrying out of the settlement referred
to in this resolution, including the Participation Agreement
substantially in the form presented to this meeting, provided,
however, that the final form of the closing agreement shall
be subject to approval by the City Attorney and the Director
of Finance.
4 The Council does hereby appropriate a sum not to
exceed $121 ,000.00 from the Unexpended Fund Balance Account
to be expended for this purpose
5. All resolutions and parts of resolutions in conflict
with this resolution are hereby rescinded.
On a motion by Councilman Bishop, seconded by Councilwoman McCotter, and
unanimously adopted, this 1 ,116th Regular Meeting of the Council of the City of
Livonia was adjourned at 9 02 P M. , November 23, 1987
—11.14401 f >ha
imeRobert F Nash, City Clerk