HomeMy WebLinkAboutCOUNCIL MINUTES 1987-09-30 23625
6 MINUTES OF THE ONE THOUSAND ONE HUNDRED AND TWELFTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 30, 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 8:00 P.M. Councilwoman McCotter 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, Ron Reinke, Superintendent of Parks and Recreation,
Marilyn Kazmer, Director of Legislative Affairs, James Inglis, Housing Director,
lbwJohn J. Fegan, Director of Building Inspection, Lee Grieve, Deputy Police Chief,
Robert Beckley, Director of Public Works; William MacDonald, Ordinance Enforcement
Supervisor and Sue Daniel , Chairperson of the Historical Commission.
On a motion by Councilman Bishop, seconded by Councilman Taylor,
and unanimously adopted*, it was
A
#875-87 RESOLVED, that the minutes of the 1 ,111th Regular Meeting
of the Council of the City of Livonia, held September 3, 1987
are hereby approved.
*Councilman Bishop abstained from voting which is recorded as a "yes" vote under
the provisions of Section 2.04.190 B of the Livonia Code of Ordinances.
On a motion by Councilman Feenstra, seconded by Councilman Taylor,
and unanimously adopted*, it was
#876-87 RESOLVED, that the minutes of the 202nd Special Meeting
L of the Council of the City of Livonia, held September 21 , 1987
are hereby approved.
23626
16. *Councilman Ochala abstained from voting which is recorded as a "yes" vote under
the provisions of Section 2.04.190 B of the Livonia Code of Ordinances.
A communication from the Finance Director, dated September 22, 1987
forwarding various financial statements of the City of Livonia for the month ending
August 31 , 1987 was received and placed on file for the information of the Council .
On a motion by Councilman Taylor, seconded by Councilman Feenstra,
it was
1877-87 RESOLVED, that having considered a letter from Sheryl
A. Lorenger, dated August 28, 1987, wherein a request is submitted
for a waiver of all license fees and permit costs in connection
with the Frost Holiday Arts and Crafts Show to be conducted
on Saturday, November 7, 1987, and which also requests permission
to place two (2) free standing announcement signs in connection
with this activity commencing October 24, 1987, and which ought
Lto be removed on November 10, 1987, and which are to be placed
at the following locations:
(a) On the easement of the north-east corner of Stark
Road and Jeffries Service Drive; and
(b) On the south-west corner of Lyndon and Farmington
Road.
the Council does hereby grant and approve this request in the
manner and form herein submitted.
#878-87 RESOLVED, that having considered a letter from Carole
S. Stauffer, dated September 8, 1987, wherein it is requested
that exhibitors' fees be waived in connection with the Third
Annual Arts & Crafts Show to be conducted on Friday, November
6, 1987, in the Parish Hall of St. Edith Catholic Church, and
which also requests permission to place a sign in front of the
Church in connection with this activity, the Council does hereby
grant and approve this request in the manner and form herein
submitted.
#879-87 RESOLVED, that having considered a letter from the
Water and Sewer Board dated August 25, 1987, approved by the
Director of Finance and approved for submission by the Mayor
LPro Tem, which transmits its Resolution WS 2770 8/87, the Council
does hereby accept the bid of Rockwell International Corporation,
1996 University Lane, Lisle, Illinois 60532, for supplying the
23627
Ihy Public Service Division (Water Maintenance Section) with Compound
Water Meters (with remote reading device) at the unit price
bid, as shown in the attachment, the same having been in fact
the lowest bid received which meets specifications; and the
bid of Hersey Products, Inc. , is hereby rejected since the same
does not meet specifications.
#880-87 RESOLVED, that having considered a communication from
the Water and Sewer Board dated August 25, 1987, approved by
the Director of Finance and approved for submission by the Mayor
Pro Tem, which transmits its Resolution WS 2771 8/87, the Council
does hereby accept the bid of Hersey Products, Inc. , Highway
70 East, P.O. Box 128, Cleveland/Rowan, North Carolina 27013,
for supplying the Public Service Division (Water Maintenance
Section) with Detector Check Valves with Bypass Fittings, less
meter, at the unit price bid shown in the attachment, the same
having been in fact the lowest bid received and meets all
specifications and the bid of PVF Marketing, Inc. , 19999 Dividend
Drive, P O. Box 28227, Columbus, Ohio 43228 is hereby rejected
since the same does not meet specifications
#881-87 RESOLVED, that having considered the letter from the
Water and Sewer Department dated August 25, 1987, approved by
the Director of Finance and approved for submission by the Mayor
Pro Tem, and which transmits its Resolution WS 2772 8/87, the
Council does hereby accept the bid of Price Brothers Co. , 25284
Seeley Road, Novi , Michigan 48050, for supplying the Public
Service Division (Water Maintenance Section) with Fire Hydrants,
Extension Kits, and Repair Kits at the unit prices bid as shown
in the attachment, the same having been in fact the lowest bid
received which meets specifications.
#882-87 RESOLVED, that having considered a communication from
the Water and Sewer Board dated August 25, 1987, approved by
the Director of Finance and approved for submission by the Mayor
Pro Tem, which transmits its Resolution WS 2773 8/87, the Council
does hereby accept the bid of Aetna Supply Company, 529 32nd
Street, S.E. , Wyoming, Michigan 49508 for supplying the Public
Service Division (Water Maintenance Section) with Water Main
Repair Clamps at the unit prices bid and for a total estimated
amount of $7,431 .35, the same having been in fact the lowest
bid received and meets all specifications.
#883-87 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated September 18,
1987, approved for submission by the Mayor Pro Tem and submitted
pursuant to Council Resolution 466-87, the Council does hereby
accept the offer to purchase the City-owned property located
at 9436 Stark Road, from Lawrence M Tinskey, 12143 Leverne,
Redford, Michigan 48239, in the amount of $9,010.00 cash, the
same having been in fact the highest offer received, and the
Mayor Pro Tem and the City Clerk are hereby requested to execute
23628
Iwoan appropriate Deed of Conveyance subject to approval as to
form by the Department of Law.
#884-87 RESOLVED, that having considered the report and
recommendation of the Chief of Police and the Finance Director,
dated September 14, 1987, approved for submission by the Mayor
Pro Tem, the Council does hereby accept the offer to purchase
the City-owned property located at 29157 Perth, Livonia, Michigan,
from Gerald R. and Cynthia M Cyrul , 9161 Centralia, Redford,
Michigan 48239, in the amount of $79,500.00, the same having
been in fact the highest offer received; and the Council does
hereby request that the Mayor and City Clerk execute an
appropriate Deed of Conveyance for and on behalf of the City
of Livonia, subject to approval as to form by the Department
of Law
#885-87 RESOLVED, that having considered a letter from Mary
Beth Sikora and Cecilia Coffey, dated September 17, 1987,
requesting permission to close Woodside between Parkhurst and
Howell on October 3, 1987, from 3 00 to 9:00 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.
161. #886-87 RESOLVED, that having considered a letter from Carl
G. Yarling, Jr. , 14088 Cranston, Livonia, Michigan 48154, dated
September 3, 1987, wherein a request is submitted for the addition
and removal of certain traffic control devices on Hubbard between
Jamison and Five Mile Road, the Council does hereby refer this
item to the Traffic Commission for its report and recommendation.
#887-87 RESOLVED, that having considered a letter from the
President of Exhibit Works, 13211 Merriman Road, Livonia, Michigan
48150, dated August 20, 1987, wherein a request is submitted
for the purchase of certain City-owned property located west
of Merriman Road and north of the C & 0 Railway, and which is
.72 acres in size, the Council does hereby refer this item to
the Committee of the Whole for its report and recommendation.
#888-87 RESOLVED, that having considered a letter from Richard
A. Weber, dated September 11 , 1987, and a letter from John J.
Mahn, dated September 21 , 1987, each of which indicates an
interest in the purchase of City-owned property located at 31600
Plymouth Road, Livonia, Michigan (Parcel G34bla), the Council
does hereby determine to take no further action.
#889-87 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated August 31 ,
1987, approved for submission by the Mayor Pro Tem, the Council
does hereby authorize the extension of the City's current policy
for Worker's Compensation Insurance from July 1 , 1988 to December
1 , 1988, the action herein being taken for the reasons indicated
23629
L in the aforesaid communication, further the Council does hereby
authorize the said item without competitive bidding for the
reasons indicated in the aforesaid communication, and such action
is taken in accordance with the provisions set forth in Section
3.04.140D2 of the Livonia Code of Ordinances, as amended.
#890-87 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated August 28,
1987, approved for submission by the Mayor Pro Tem, the Council
does hereby approve and authorize the adjustment of the following
budgets for the year ending November 30, 1986:
INCREASE
ACCOUNT NUMBER DESCRIPTION (DECREASE)
101-781-709-000 Forestry, Overtime $ 18,700.00
101-781-725-010 Forestry, Transfer 25,810.00
101-263-923-000 Utilities, Heat (1 ,353.00)
101-310-719-000 Police Communication,
Longevity 1 ,353 00
101-444-712-020 DPS Administration,
Salary/Wages Transfers (20,000 00)
101-444-725-020 DPS Administration,
Benefit Transfers (45,000.00)
ii. 101-463-725-020 Streets, Benefit
Transfer (133,000.00)
101-920-718-100 Sick/Vacation
Termination Pay 312,483 00
Total General Fund $158,993.00
Further, the Council does hereby approve the following budgets
for the year ending November 30, 1986
MUNICIPAL BUILDING AUTHORITY DEBT SERVICE
REVENUE $362,700
EXPENSE $245,000
MOTOR VEHICLE HIGHWAY DEBT SERVICE
REVENUE $729,100
EXPENSE $719,400
A communication from the Director of Finance, dated September 10, 1987,
re the annual reports received from the General Depositories of the City as well
as the Collecting Agents for taxes and water bills was received and placed on file
for the information of the Council .
1891-87 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated September 3,
23630
1987, and approved for submission by the Mayor Pro Tem, the
Council does hereby approve budget adjustments for data processing
costs (which are $31 ,267.50 higher than expected) in the accounts
and in the amounts indicated in the attachments.
#892-87 RESOLVED, that having considered a letter from R C
Products, Inc. , 13000 Fairlane, Livonia, Michigan 48150, dated
September 11 , 1987, wherein it is indicated that R C Products,
Inc. intends to transfer facilities from the aforesaid address
to Milford Township, and which further indicates that R C
Products, Inc desires to obtain a 74 PA 198 exemption for the
Milford 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.
#893-87 RESOLVED, that having considered a communication from
the City Assessor,dated August 27, 1987, approved for submission
by the Mayor Pro Tem, with regard to a request from Arbor Drugs,
Inc. , 1818 Maplelawn, Box 2510, Troy, Michigan 48084, the Council
does hereby approve of the proposed division of Tax Item 46
123 99 0027 002 into three parcels, the legal descriptions of
which shall read as follows.
PARCEL I
A parcel of land in the S.W 1/4 of Section 31 , T. 1 S. , R 9
E. , City of Livonia, Wayne County, Michigan, more particularly
described as:
Commencing at the S. 1/4 corner of Section 31 , T. 1 S. , R. 9
E. , and proceeding thence along the South line of said section,
S. 89° 51 ' 22" W. , 243 0 ft. , thence due North 60 ft. to the
point of beginning of the parcel herein described, said point
being the North line of Joy Road (120 ft. wd. ) , thence S 89°
51 ' 22" W. , along the North line of Joy Road (120 ft. wd. ) ,
305 ft. to a point, thence due North 544. 53 ft. to the South
line of "Dover Court Sub'n No. 2" (Recorded in Liber 91 , P.
74), thence N. 89° 39' 54" E. along said South line, 505.01
ft. to a point, said point being the West line of Hix Road (86
ft. wd. ) ; thence due South 346 02 ft. to a point, thence S
89° 48' 06" W. 200.00 ft to a point, thence due South 200 00
ft. to the point of beginning, containing 5 40 acres of land
more or less Said parcel being subject to easement of record:
PARCEL II
A parcel of land in the S. W 1/4 of Section 31 , T. 1 S. , R.
11. 9 E. , City of Livonia, Wayne County, Michigan, more particularly
described as
23631
Commencing at the South 1/4 corner of Section 31 , T. 1 S. , R.
9 E. , and proceeding thence along the South line of said section,
S. 89° 51 ' 22" W , 548 ft. , thence due North 60 ft. to the point
of beginning of the parcel herein described, said point on the
North line of Joy Road (120 ft. wd. ), thence S. 89° 51 ' 22"
W. along the North line of Joy Road (120 ft. wd. ), 215 ft to
a point, thence due North 195 ft. to a point; thence N. 89°
51 ' 22" E , 215 ft. to a point; thence due South 195 ft. to
a point of beginning, containing 0.96 acres of land more or
less, said parcel being subject to easements of record.
PARCEL III
A parcel of land in the S. W. 1/4 of Section 31 , T. 1 S. , R.
9 E. , City of Livonia, Wayne County, Michigan, more particularly
described as.
Commencing at the S. 1/4 corner of Section 31 , T. 1 S. , R. 9
E. , and proceeding thence along the South line of said section,
S. 89° 51 ' 22" W. , 758 ft. ; thence due North 60 ft. to the point
of beginning of the parcel herein described, said point being
on the North line of Joy Road (120 ft. wd ) ; thence S. 89° 51 '
22" W. , 323.16 ft to a point, said point being the Easterly
line of "Dover Court Sub'n No. 2" (Recorded in Liber 91 , P.
74), thence due North along the Easterly line of "Dover Court
Subdivision No. 2", 403.84 ft. to a point, thence continuing
along Easterly line of "Dover Court Sub'n No. 2" N 29° 55'
17" E. , 160 79 ft to a point, said point being on the Southerly
line of Dover Court Sub'n No. 2, thence N. 89° 39' 54" E along
Southerly line of Dover Court Sub'n No. 2, 457.96 ft. to a point;
thence due South 349.53 ft. to a point, thence S. 89° 51 ' 22"
W. , 215 ft to a point, thence due South 195 ft to the point
of beginning, containing 5.63 acres of land, more or less, said
parcel being subject to easements of record
as shown on the map attached to the aforesaid communication
which is made a part hereof by reference, and the City Clerk
is hereby requested to cause a certified copy of this resolution
to be recorded in the Office of the Wayne County Register of
Deeds.
#894-87 RESOLVED, that having considered the report and
recommendation of the Chief of Police and Finance Director,
dated August 24, 1987, approved for submission by the Mayor
Pro Tem, the Council does approve each and every one of the
high bids received with respect to the sale of used Police
vehicles and forfeited vehicles in the manner and form set forth
in the aforesaid communication, further, the Council does hereby
authorize the deposit of the receipts of the sale of the used
Police vehicles in Account 101-309-939-000 (Police Department
Vehicle Maintenance), and the deposit of the receipts of the
sale of forfeited vehicles in Account 702-000-285-210 (Adjudicated
Drug Monies).
23632
lip 1895-87 RESOLVED, that having considered the report and
recommendation of the Police Chief, dated August 21 , 1987,
approved for submission by the Mayor Pro Tem, and to which is
attached a letter from the Federal Bureau of Investigation,
requesting permission to construct a temporary 8 x 12 ft. building
on the grounds of the Livonia Police Gun Range the purpose of
which is to provide additional storage space, the Council does
hereby grant and approve this request, provided however, that
the Federal Bureau of Investigation and the United States
Government shall acquire no ownership rights in the said building
or the property upon which it sits by reason of the action taken
herein.
#896-87 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated June 16, 1987, and
the report and recommendation of the Chief of Police, dated
September 10, 1987, in connection therewith, the Council does
hereby approve the request from Southland Corporation to add
Nick Canzano as co-licensee to 1987 SDM Licensed Business located
at 27435 Seven Mile Road, Livonia, Michigan, Wayne County, and
the City Clerk is hereby requested to forward a certified copy
of this resolution to the Michigan Liquor Control Commission.
#897-87 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated September 15, 1987,
and the report and recommendation of the Chief of Police dated
September 10, 1987, in connection therewith, the Council does
hereby determine that it has no objection to and does recommend
approval of the request from Dominic Soave A/K/A Domenic Soave
and Michael Soave for a new SDM license to be located at 19213
Newburgh, Livonia, Michigan 48152, Wayne County, and the City
Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission.
#898-87 RESOLVED, that having considered a communication from
the Historical Commission dated September 6, 1987, approved
by the Finance Director and approved for submission by the Mayor
Pro Tem, the Council does hereby accept a 1931 Aermator Windmill
with Tower, Mill and Pump for Greenmead from Mr. John W Wild
of Cave Creek, Arizona, further the Council does hereby request
that the Department of Public Works do all things necessary
to pick up the windmill from Mr. Wild's daughter in Brighton,
Michigan.
#899-87 RESOLVED, that having considered a letter from the
Historical Commission dated September 16, 1987, approved by
the Finance Director, and approved for submission by the Mayor
Pro Tem, the Council does hereby authorize the transfer of the
lw•
sum of $3,000.00 from Account 101-737-928-000 to Account 101-737-
976-120, the purchase of which is to complete the restoration
of Cranson Hinbern House.
23633
L #900-87 RESOLVED, that having considered a communication from
the Historical Commission, dated September 6, 1987, approved
by the Finance Director, and approved for submission by the
Mayor Pro Tem, the Council does hereby accept the donation of
an outhouse to be located at Greenmead from the Newburg United
Methodist Church, 36500 Ann Arbor Trail , Livonia, Michigan;
and the Council does hereby request that the Public Service
Division move the outhouse to Greenmead to be placed in the
Historical Village.
#901-87 RESOLVED, that having considered the report and
recommendation of the City Engineer dated September 17, 1987,
which bears the signature of the Finance Director, and is approved
for submission by the Mayor Pro Tem, the Council does hereby
authorize an increase in the contract of Core Concrete
Construction, 31553 Gable, Livonia, Michigan 48152, in the amount
of $35,000.00 in connection with the 1987 sidewalk program
previously authorized in Council Resolution 511-87 in order
to complete the sidewalks on Wayne Road from Six Mile to Seven
Mile and on Fremont from Joy to Dover; and the Council does
hereby appropriate as an advance from the $7.9 Million General
Obligation Road Improvement Bond Issue the amount of $35,000 00
for this purpose with the provision that this bond issue be
reimbursed at such time as funds are subsequently received from
the payment of assessments by affected property owners; and
the Council does hereby authorize the said item without
competitive bids for the reasons indicated in the aforesaid
communication and such actions are taken in accordance with
the provisions set forth in Section 3.04 140D5 of the Livonia
Code of Ordinances, as amended, further, the Council does hereby
request that the Director of Finance submit a report relative
to the status of the $7.9 Million General Obligation Road
Improvement Bond Issue.
#902-87 WHEREAS, Inkster Road between Joy Road and 1-96 is
in need of improvement, and
WHEREAS, it is contemplated to undertake this improvement
in cooperation with Wayne County, utilizing Federal Aid Urban
System (F.A.U.S. ) monies;
NOW, THEREFORE, BE IT RESOLVED that the City of Livonia intends
to enter into an agreement with Wayne County to improve Inkster
Road between Joy Road and 1-96, the project to be partially
funded from the F.A.0 S. program, and
BE IT FURTHER RESOLVED that the City intends to pay an estimated
amount of $83,250 as its 6-1/4% share of the construction and
traffic signal upgrading costs of the improvement.
23634
iim #903-87 RESOLVED, that having considered the document titled
The Capital Improvement Program, 1988-1993, which has been
submitted by the Planning Commission pursuant to 1931 PA 285,
the Council does hereby refer this item to the Capital Improvement
Committee for its report and recommendation.
#904-87 RESOLVED, that having considered the communication
from the Planning Commission dated August 25, 1987, which
transmits its Resolution 8-190-87 with regard to Petition 87-5-3-6
submitted by Arturo Tartaglia, requesting the vacating of a
portion of Haldane Avenue, East of Fitzgerald, North of Seven
Mile Road, in the SW 1/4 of Section 5, the Council does hereby
defer taking action with respect to this matter until such time
as it receives a report from the Engineering Department with
respect to the status of drainage of this property; further,
the Council does hereby request a report from the City Assessor
regarding the ownership of Lots 19, 20, 21 , 51 , 52 and 53 of
the Fitzgerald Gardens Subdivision
#905-87 WHEREAS, the City of Livonia has received a request
from Paragon Properties Company, dated August 31 , 1987, which
submits an application proposing the establishment of an
industrial development district, and
WHEREAS, pursuant to Act 198 of the Public Acts of 1978, as
amended, this Council has authority to establish "industrial
development districts" within the boundaries of the City of
Livonia; and
WHEREAS, there is located within the boundaries of the City
of Livonia an area of approximately 19 8 acres lying in the
Northeast 1/4 of Section 27, as more particularly described
in the attachment to the application which is hereby incorporated
by reference and hereinafter referred to as "Proposed City of
Livonia Industrial Development District No. 43
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows
1 . The City Clerk is directed to give written notice by
certified mail of this action to all owners of real
property within the boundaries of Proposed City of Livonia
Industrial Development District No. 43.
2. This City Council sets Monday, October 26, 1987, at
8:00 o'clock p.m , as the date for the holding of a
public hearing on the question of whether this City
Council should establish the Industrial Development
District described above.
3 This City Council directs the City Clerk to provide
notice, as required by law, of the public hearing fixed
above, so that all residents or taxpayers of the City
23635
of Livonia shall be afforded an opportunity to
be heard on the question of establishing the Industrial
Development District described above.
#906-87 WHEREAS, the City of Livonia has received a request
from Paragon Properties Company, dated August 31 , 1987, which
submits an application proposing the establishment of an
industrial development district, and
WHEREAS, pursuant to Act 198 of the Public Acts of 1978, as
amended, this Council has authority to establish "industrial
development districts" within the boundaries of the City of
Livonia; and
WHEREAS, there is located within the boundaries of the City
of Livonia an area of approximately 23.075 acres lying in the
Southwest 1/4 of Section 28, as more particularly described
in the attachment to the application which is hereby incorporated
by reference and hereinafter referred to as "Proposed City of
Livonia Industrial Development District No. 44 '
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows:
1 . The City Clerk is directed to give written notice by
certified mail of this action to all owners of real
property within the boundaries of Proposed City of Livonia
lbwIndustrial Development District No 44.
2. This City Council sets Monday, October 26, 1987, at
8:00 o'clock p.m. , as the date for the holding of a
public hearing on the question of whether this City
Council should establish the Industrial Development
District described above.
3. This City Council directs the City Clerk to provide
notice, as required by law, of the public hearing fixed
above, so that all residents or taxpayers of the City
of Livonia shall be afforded an opportunity to be heard
on the question of establishing the Industrial Development
District described above
#907-87 WHEREAS, the City of Livonia has received a request
from Best Block Company, dated August 31 , 1987, which submits
an application proposing the establishment of an industrial
development district, and
WHEREAS, pursuant to Act 198 of the Public Acts of 1978, as
amended, this Council has authority to establish "industrial
development districts" within the boundaries of the City of
Livonia, and
23636
WHEREAS, there is located within the boundaries of the City
of Livonia an area of approximately 5.16 acres lying in the
North 1/2 of Section 27, as more particularly described in the
attachment to the application which is hereby incorporated by
reference and hereinafter referred to as "Proposed City of Livonia
Industrial Development District No. 45.*
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows:
1 . The City Clerk is directed to give written notice by
certified mail of this action to all owners of real
property within the boundaries of Proposed City of Livonia
Industrial Development District No. 45.
2. This City Council sets Monday, October 26, 1987, at
8:00 o'clock p.m. , as the date for the holding of a
public hearing on the question of whether this City
Council should establish the Industrial Development
District described above.
3. This City Council directs the City Clerk to provide
notice, as required by law, of the public hearing fixed
above, so that all residents or taxpayers of the City
of Livonia shall be afforded an opportunity to be heard
Imm on the question of establishing the Industrial Development
District described above.
1908-87 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 Monday, October 26,
1987 at 8:00 P.M. , the City Hall , 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items:
(1 ) Petition 87-6-1-26 submitted by Schneider Development,
Inc. , for a change of zoning of property located on
the south side of Plymouth Road between Newburgh and
Eckles Road, in Section 30 from RUF to R-7, the City
Planning Commission in its resolution 9-204-87 having
recommended to the City Council that Petition 87-6-1-26
be denied, and
(2) Petition 87-7-1-28 submitted by Richard Herbel , for
a change of zoning of property located on the East
side of Newburgh, North of Plymouth Road in the
Southwest 1/4 of Section 29, from RUF to PS, the City
Planning Commission in its resolution 9-205-87 having
recommended to the City Council that Petition 87-7-1-23
be approved,
23637
IwpFURTHER, 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.
#909-87 RESOLVED, that having considered the communication
from the Mayor Pro Tem dated September 15, 1987, the Council
does hereby determine to conduct a public hearing on Monday,
October 19, 1987, at 7:00 p.m. , at the City Hall , 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following
items
1 The proposed annual budget for the City of Livonia
for the fiscal year commencing December 1 , 1987;
and
2. The public hearing required by Act 5 PA 1982,
in connection with the Truth in Taxation hearing;
and the City Clerk shall give adequate public notice of said
public hearings in accordance with the provisions of law and
the City Charter.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: McCotter, Feenstra, Bishop, Taylor, Bennett, Ochala, McCann.
NAYS. None.
On a motion by Councilman Feenstra, seconded by Councilman Taylor,
and unanimously adopted, it was
#910-87 RESOLVED, that having considered the report and
recommendation of the Finance and Insurance Committee, dated
September 1 , 1987, submitted pursuant to Council Resolution
1119-86, in connection with a communication from the Mayor,
dated October 20, 1986, wherein it is recommended that a deferred
severance payment procedure for all classified and unclassified
employees be established whereby terminating employees could
elect, at the employee' s option, to receive severance payouts
in payments extended over a maximum of five (5) years rather
than in one lump sum, the Council does hereby determine to take
no further action.
23638
On a motion by Councilman Feenstra, seconded by Councilman Ochala,
it was
#911-87 RESOLVED, that having considered the report and
recommendation of the Finance and Insurance Committee, dated
September 1 , 1987, submitted pursuant to Council Resolution
694-87, in connection with a letter from Mr. and Mrs. Loftus,
18634 Doris, Livonia, Michigan 48152, dated July 13, 1987, with
regard to denial of a claim by Municipal Claim Service, Inc.
for a loss which occurred March 3, 1987 due to water damage
as a result of a City water meter being replaced, the Council
does hereby reject and deny this claim based upon the
recommendation of the Director of Public Works, the insurance
adjuster and the Director of Finance.
A roll call vote was taken on the foregoing resolution with the following result:
AYES. McCotter, Feenstra, Bishop, Bennett, Ochala, McCann.
NAYS: Taylor.
The President declared the resolution adopted.
On a motion by Councilman Bishop, seconded by Councilman Bennett,
it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
3, 1987, submitted pursuant to Council Resolution 726-87, in
connection with a communication from the City Planning Commission,
dated July 10, 1987, which transmits its resolution 6-146-87
adopted on June 30, 1987 with regard to Petition 87-5-2-20
submitted by Michael Southers requesting waiver use approval
to operate a restaurant in the shopping center located at the
southeast corner of Plymouth and Stark Roads in the Northeast
1/4 of Section 33, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the Planning
Commission and Petition 87-5-2-20 is hereby approved and granted,
such approval to be based upon the same condition as that 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: Bishop, Bennett.
NAYS. McCotter, Feenstra, Taylor, Ochala, McCann
The President declared the resolution denied
23639
On a motion by Councilman Feenstra, seconded by Councilman Ochala,
it was
#912-87 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
3, 1987, submitted pursuant to Council Resolution 726-87, in
connection with a communication from the City Planning Commission,
dated July 10, 1987, which transmits its resolution 6-146-87
adopted on June 30, 1987 with regard to Petition 87-5-2-20
submitted by Michael Southers requesting waiver use approval
to operate a restaurant in the shopping center located at the
southeast corner of Plymouth and Stark Roads in the Northeast
1/4 of Section 33, which property is zoned C-2, the Council
does hereby reject the recommendation of the Planning Commission
and Petition 87-5-2-20 is hereby denied for the following reasons:
1 . The petitioner has failed to show that the proposed
use complies with all of the waiver use standards and
general standards as set forth in Section 11 03 and
19.06 of Zoning Ordinance 543, as amended
ibm 2. The proposed use is incompatible to, and not in harmony
with, the surrounding and established uses in the area.
3. The area is already adequately served with use similar
to the type proposed by this petitioner.
A roll call vote was taken on the foregoing resolution with the following result
AYES: McCotter, Feenstra, Taylor, Ochala, McCann.
NAYS: Bishop, Bennett
The President declared the resolution adopted
On a motion by Councilwoman McCotter, seconded by Councilman Ochala,
it was
#913-87 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
3, 1987, submitted pursuant to Council Resolution 778-87, in
connection with a communication from the City Planning Commission,
dated July 30, 1987, which transmits its resolution 7-164-87
adopted on July 21 , 1987, with regard to Petition 87-6-2-27
Ibm submitted by A. S. Nakadar, requesting waiver use approval for
general office use within an existing office complex located
on the west side of Farmington Road between Eight Mile Road
and Norfolk in the Northeast 1/4 of Section 4, which property
23640
L is zoned P.S. , the Council does hereby concur in the
recommendation of the Planning Commission and Petition 87-6-2-27
is hereby approved and granted with respect to Building D only,
such approval to be based upon the condition that the waiver
use approval granted herein is for general office use only,
excluding real estate office use, and excluding the waiver uses
set forth in subparagraphs (b) through (j) of Section 9.03 of
Ordinance 543.
On a motion by Councilman Feenstra, seconded by Councilman Taylor,
it was
RESOLVED, that having considered the report and recommendation
of the Committee of the Whole, dated September 3, 1987, submitted
pursuant to Council Resolution 778-87, in connection with a
communication from the City Planning Commission, dated July
30, 1987, which transmits its resolution 7-164-87 adopted on
July 21 , 1987, with regard to Petition 87-6-2-27 submitted by
A. S. Nakadar, requesting waiver use approval for general office
use within an existing office complex located on the west side
of Farmington Road between Eight Mile Road and Norfolk in the
Northeast 1/4 of Section 4, which property is zoned P.S. , 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 motion to refer with the following result:
AYES Feenstra, Taylor.
NAYS McCotter, Bishop, Bennett, Ochala, McCann.
The President declared the resolution denied.
A roll call vote was taken on the original resolution with the following result:
AYES McCotter, Feenstra, Bishop, Bennett, Ochala, McCann
NAYS. Taylor.
The President declared the resolution adopted
On a motion by Councilman Feenstra, seconded by Councilman Bishop, and
unanimously adopted, it was
#914-87 RESOLVED, that the Department of Inspection is hereby
requested to submit its report and recommendation on the question
of zoning compliance for the office complex located on the west
23641
ihm side of Farmington Road between Eight Mile fbad and Norfolk
in the Northeast 1/4 of Section 4 (A S. Nakadar).
On a motion by Councilman Feenstra, seconded by Councilman Bishop,
it was
#915-87 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
9, 1987, submitted pursuant to Council Resolution 731-87, in
connection with a letter from Mark Switalski , Attorney at Law,
dated July 8, 1987 and submitted in behalf of his client, Helen
Fountoukis, and having also considered departmental correspondence
dated July 13, 1987 from the Department of Law in connection
with Helen Fountoukis v Charles W. King, Patricia King and the
City of Livonia, Wayne County Circuit Court Civil Action No.
87-709483-CH, the Council does hereby determine to take no further
action.
A roll call vote was taken on the foregoing resolution with the following result:
AYES. McCotter, Feenstra, Bishop, McCann.
NAYS: Taylor, Bennett, Ochala.
The President declared the resolution adopted
On a motion by Councilman Taylor, seconded by Councilman Ochala, and
unanimously adopted, it was
#916-87 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
16, 1987, submitted pursuant to Council Resolution 9-87, in
connection with a communication from the Director of the Livonia
Housing Commission, dated December 11 , 1986, which bears the
signature of the Finance Director and is approved for submission
by the Mayor, wherein it is requested that the City Council
authorize a payment in lieu of taxes program to the current
and future single family homes that serve low income families,
the Council does hereby determine to approve this program and
authorize payment in lieu of taxes with respect to the nine
City-owned houses referred to herein
On a motion by Councilman Bennett, seconded by Councilman Taylor,
Lit was
23642
#917-87 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
16, 1987, submitted pursuant to Council Resolution 796-87, in
connection with a communication from the City Planning Commission,
dated June 29, 1987, which transmits its resolution 6-135-87
adopted on June 16, 1987 with regard to Petition 87-5-2-19
submitted by Bob George requesting waiver use approval to utilize
an existing residence located on the southwest corner of Eight
Mile Road and Angling in the Northeast 1/4 of Section 1 for
general office purposes, which property is zoned P.S. , the Council
does hereby concur in the recommendation made by the Planning
Commission and Petition 87-5-2-19 is hereby approved and granted,
such approval to be based upon the same conditions as those
set forth in the recommendation of the Planning Commission,
such approval to be based upon the condition that the waiver
use approval granted herein is for general office use only and
does not include the waiver uses prescribed in subparagraphs
(b) through (j), Section 9.03 of Ordinance 543, as amended.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCotter, Feenstra, Taylor, Bennett, Ochala, McCann.
NAYS. Bishop.
L.The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#918-87 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
16, 1987, submitted pursuant to Council Resolution 839-87, in
connection with a communication from the Superintendent of Parks
and Recreation, dated August 5, 1987, approved for submission
by the Finance Director and the Mayor Pro Tem, and which transmits
Parks and Recreation Resolution 1907-87, adopted on July 6,
1987, wherein it is recommended that the contract between the
City and Gary Whitener, the golf professional , be extended for
a period of three years with a change in title to "Manager of
Golf," and an increase in salary according to the following
schedule
1988 base of $24,874.00 + 4. 5%
1989 base of $25,993 33 + 3%
1990 base of $26,773 12 + 3%
the Council does hereby approve of the foregoing action, based
upon no change in title (title to remain Golf Professional ) ,
and the Mayor and City Clerk are hereby requested to execute
23643
a contract, for and on behalf of the City of Livonia, for this
purpose, subject to approval as to form by the Department of
Law.
On a motion by Councilman Ochala, seconded by Councilman Feenstra, and
unanimously adopted, it was
1919-87 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
16, 1987, the Council does hereby request a report and
recommendation from the Superintendent of Parks and Recreation
on the following questions:
(1 ) The overall supervision of the city golf courses,
(2) Projected plans for a pro shop at the new golf course;
(3) The status of water available to provide service for
the new golf course.
On a motion by Councilman Feenstra, seconded by Councilman Bennett, and
unanimously adopted, it was
1920-87 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
16, 1987, submitted pursuant to Council Resolution 838-87, the
Council does hereby determine that the newly hired golf
professional shall be assigned to the new golf course.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#921-87 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September
16, 1987, submitted pursuant to Council Resolution 822-87, in
connection with a communication from the Superintendent of Parks
and Recreation, dated August 5, 1987, approved for submission
by the Mayor Pro Tem, which submits certain suggested names
for the new golf course as recommended by the Parks and Recreation
Commission, the Council does hereby determine that the new golf
course shall be named "Fox Creek Golf " and requests that
the Department of Law prepare an amendment to Section 12.16.010
of the Livonia Code of Ordinances for this purpose; further,
the Council does hereby request that the Department of Law also
include in the aforesaid amendment the appropriate language
which designates the City's two existing golf courses as
"Whispering Willows Golf " and "Idyl Wyld Golf _ ".
23644
La
Councilman Feenstra took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition 87-3-3-4)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: McCotter, Feenstra, Bishop, Taylor, Bennett, Ochala, 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 VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND. (Petition 87-5-3-5)
lipThe 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 Bishop gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 1 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 87-1-1-6, change of
zoning from P S. to C-1 )
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council .
23645
Councilman Feenstra gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 2 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 87-5-1-20, change of
zoning from P.L. to RUFA)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council .
Councilwoman McCotter gave first reading to the following Ordinance.
AN ORDINANCE AMENDING SECTION 19 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE
III OF ORDINANCE NO. 543, AS AMENDED, KNOWN
Iwo AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3. THERETO.
(Petition 87-5-1-24, change of zoning from R-1
to C-2 and P)
Councilwoman McCotter invoked the Emergency Clause and gave second reading
to the foregoing Ordinance and a roll call vote was taken thereon with the following
result:
AYES: McCotter, Feenstra, Bishop, Taylor, Bennett, Ochala, McCann.
NAYS None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Councilman Bishop, seconded by Councilman Taylor,
it was
#922-87 RESOLVED, that having considered a communication from
Iwo Jim Lamb, 521 S. Main, Ann Arbor, Michigan 48104, dated August
20, 1987, to which is attached a landscaping plan required in
connection with Petition 87-5-2-22 which was approved in Council
23646
iwo Resolution 727-87 adopted on August 10, 1987, in connection
with a proposal to construct a car wash on property located
on the East side of Middlebelt Road, between Five Mile and
Roycroft Avenue, in the Southwest 1/4 of Section 13, the Council
does hereby approve the proposed landscape plan as herein
submitted, subject to compliance with the following conditions
1 . Trash receptacle and its wall be moved to southerly
property line 35' - 40' from rear property line, and
2. Proposed sign to come back to Council for approval .
A roll call vote was taken on the foregoing resolution with the following result:
AYES. McCotter, Feenstra, Bishop, Taylor, McCann.
NAYS: Bennett, Ochala.
The President declared the resolution adopted
On a motion by Councilman Bishop, seconded by Councilman Ochala,
it was
Iwo #923-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 18, 1987, which
transmits its resolution 8-185-87 adopted on August 18, 1987,
with regard to Petition 87-7-2-33, submitted by Robert German
requesting waiver use approval for general office uses within
a building located on the northeast corner of Farmington Road
and Rayburn Avenue in the Southwest 1/4 of Section 15, which
property is zoned P.S. , the Council does hereby concur in the
recommendation made by the Planning Commission and Petition
87-7-2-33 is hereby approved and granted, such approval to be
based upon the condition that the waiver use approval granted
herein is for general office use only excluding real estate
office use and excluding the waiver use prescribed in
subparagraphs (b) through (j) of Section 9.03 of Ordinance 543,
as amended
A roll call vote was taken on the foregoing resolution with the following result:
AYES• McCotter, Feenstra, Bishop, Ochala
NAYS Taylor, Bennett, McCann.
The President declared the resolution adopted
tooOn a motion by Councilman Feenstra, seconded by Councilman Ochala,
and unanimously adopted, it was
23647
#924-87 RESOLVED, that the Council does hereby request that
the Department of Law submit a report and recommendation on the
question of whether or not waiver use approval is limited to
the specific use petitioned for.
On a motion by Councilman Feenstra, seconded by Councilman Bennett,
it was
#925-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 30, 1987, which transmits
its resolution 7-165-87 adopted on July 21 , 1987, with regard
to Petition 87-6-2-28, submitted by Perry Drugs, Inc. , requesting
waiver use approval to utilize an SDM License in conjunction
with an existing drug store located north of Grand River between
Eight Mile Road and Inkster Road in the Northeast 1/4 of Section
1 , which property is zoned C-2, the Council does hereby reject
the recommendation of the Planning Commission and Petition
87-6-2-28 is hereby denied for the following reasons:
1 . The petitioner has failed to show that the proposed use
complies with Zoning Ordinance standards and requirements
as set forth in Section 11 .03 and Section 19.06 of Zoning
Ordinance 543, as amended.
2. The subject site lacks the capacity to accommodate the
proposed use.
3. The proposed use would be incompatible to, and not in
harmony with, the surrounding uses in the area
4. The area is already adequately served by established
use similar to the one proposed by this petitioner
A roll call vote was taken on the foregoing resolution with the following result:
AYES McCotter, Feenstra, Bennett, Ochala.
NAYS Bishop, Taylor, McCann.
The President declared the resolution adopted.
On a motion by Councilman Feenstra, seconded by Councilman Bennett, and
unanimously adopted, it was
#926-87 RESOLVED, that having considered a communication from
fropthe City Assessor, dated August 25, 1987, approved for submission
by the Mayor Pro Tem, with regard to a request from David Allen,
16851 Hubbard, Livonia, Michigan 48154, and in accordance with
the provisions of 1967 PA 288, as amended, as well as Section
23648
18.46 of Ordinance No. 543, as amended, the Livonia Zoning
Ordinance, the Council does hereby determine to deny the request
for dividing and combining Tax Item Nos. 46 014 01 0015 002 and
46 014 01 0016 003 into two parcels since the same would be
in violation of the City's Zoning Ordinance and Law.
On a motion by Councilman Feenstra, seconded by Councilwoman McCotter,
and unanimously adopted, it was
1927-87 RESOLVED, that the Council does hereby request a report
from the Engineering Department relative to the question of septic
tanks draining into the Tarabusi Drain.
On a motion by Councilman Ochala, seconded by Councilman Feenstra,
it was
#928-87 RESOLVED, that having considered a communication from
the City Assessor, dated August 25, 1987, approved for submission
by the Mayor Pro Tem, with regard to a request from Francis Papke,
29519 Greenland, Livonia, Michigan 48154, 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 approve of the division of Tax Item
No. 46 053 02 0305 000 (148305) into two parcels, the legal
descriptions of which are as follows:
ORIGINAL PARCEL
Lot 305, Supervisor's Livonia Plat No 4, as recorded in Liber
66 of Plats, Page 20 Wayne County Records
Subject to easement and use restrictions of record if any.
PARCEL A
East 1/2 of Lot 305, Supervisor's Livonia Plat No. 4, as recorded
in Liber 66 of Plats, Page 20 Wayne County Records.
Subject to easement and use restrictions of record if any.
PARCEL B
West 1/2 of Lot 305, Supervisor' s Livonia Plat No. 4, as recorded
in Liber 66 of Plats, Page 20 Wayne County Records.
110. Subject to easement and use restrictions of record if any.
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
23649
Iketo be recorded in the Office of the Wayne County Register of
Deeds, provided, however, that to the extent required by law
and City ordinance, the action herein is made subject to the
approval of the Zoning Board of Appeals.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCotter, Feenstra, Taylor, Ochala, McCann.
NAYS: Bishop, Bennett.
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Bishop, and
unanimously adopted, it was
#929-87 RESOLVED, that having considered a communication from
the City Assessor, dated August 25, 1987, approved for submission
by the Mayor Pro Tem, with regard to a request from Harold
Woodcock, 19351 Milburn, 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
LLivonia Zoning Ordinance, the Council does hereby determine
to deny the request for dividing Tax Item No. 46 007 99 0100
002 (02P52B 53) into three parcels since the same would be in
violation of the City's Zoning Ordinance and Law.
On a motion by Councilman Feenstra, seconded by Councilman Bishop, and
unanimously adopted, it was
#930-87 RESOLVED, that the Council does hereby request that
the Planning Department submit a report with respect to the
number of homes, size of lots and ownership of Lot 529 located
on Flamingo, south of Haldane, in Section 2.
On a motion by Councilman Bishop, seconded by Councilman Bennett, and
unanimously adopted, it was
#931-87 RESOLVED, that the Council does hereby request that
the City Assessor submit his report and recommendation relative
to the possible combination of the proposed lot split submitted
by James Anderson with respect to Lot 491 , Argonne Subdivision,
imp in the N.E. 1/4 of Section 1 , with the adjoining Lot 492.
On a motion by Councilman Bishop, seconded by Councilman Ochala,
it was
23650
Ihm #932-87 RESOLVED, that having considered a letter from John
A. Lopes and Patrick P. Correia, 8469 Concord, Grosse Isle,
Michigan 48138, dated September 2, 1987, wherein it is requested
that ownership of bond plates be transferred to them from Oakland
County Cab Company, with respect to the same facilities and
location presently utilized by Oakland County Cab Company, the
Council does hereby grant and approve this request; and the
City Clerk and Police Department are 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: McCotter, Feenstra, Bishop, Ochala, McCann.
NAYS: Taylor, Bennett.
The President declared the resolution adopted.
On a motion by Councilman Bishop, seconded by Councilman Feenstra, and
unanimously adopted, it was
#933-87 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated August 27,
1987, approved for submission by the Mayor Pro Tem, to which
are attached certain budget adjustments for Civil Service and
Labor Relations in connection with FY 87 Budget, the Council
does hereby approve the requested budget adjustments for the
accounts and in the amounts set forth therein.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#934-87 RESOLVED, that having considered a communication from
the Housing Director, dated August 27, 1987, approved for
submission by the City Attorney and the Mayor Pro Tem, to which
is attached a proposed Stipulation and Order for Dismissal with
Prejudice and without Costs to Either Party in the case of Macke
Laundry Service, Inc. v City of Livonia - Livonia Housing
Commission, Wayne County Circuit Court Civil Action No.
86-634743-CZ, and to which is also attached a Release and
Settlement Agreement which provides that neither the Housing
Commission nor Macke Laundry shall incur any costs associated
with the proposed settlement, the Council does hereby authorize
the Department of Law to execute the proposed stipulation for
23651
dismissal and does further authorize the Housing Director to
execute the proposed Release and Settlement Agreement in the
manner and form herein submitted.
On a motion by Councilman Feenstra, seconded by Councilman Bishop, and
unanimously adopted, it was
#935-87 RESOLVED, that having considered a communication from
Karoub Associates, 200 North Capitol Building, Suite 500, Lansing,
Michigan, 48933 dated September 8, 1987, to which is attached
a proposed Agreement between the City of Livonia and Karoub
Associates, to act as the City' s legislative consultant for
the period January 1 , 1987 through December 31 , 1988 for an
annual fee of $20,000.00, including all expenses, the Council
does hereby approve the agreement in the manner and form herein
submitted, and the Mayor and City Clerk are hereby authorized,
for and on behalf of the City of Livonia, to affix their
signatures to the said Agreement, subject to approval as to
form by the Department of Law.
LOn a motion by Councilman Feenstra, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#936-87 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated August 19, 1987, and
the report and recommendation of the Chief of Police, dated
September 10, 1987, in connection with a request from Bunney
Enterprises, Inc. for transfer of ownership of 1987 SDD-SDM
licensed business from Livonia Wine Shop, Inc , for a business
located at 28225 Five Mile Road, Livonia, Michigan 48154, Wayne
County, the Council does hereby refer this item to the Committee
of the Whole for its report and recommendation
On a motion by Councilman Feenstra, seconded by Councilman Bishop, and
unanimously adopted, it was
#937-87 RESOLVED, that having considered a communication from
the Historic Preservation Commission, dated September 16, 1987,
approved by the Finance Director and approved for submission
by the Mayor Pro Tem, wherein it is recommended that an
application be submitted to the Michigan Department of State
for a grant in the amount of $15,000.00 in order to complete
a City-wide survey of homes in Livonia built prior to 1940,
which application must be completed and submitted no later than
September 30, 1987, and having also considered a letter dated
September 29, 1987 from the Historic Preservation Commission
23652
Lrequesting that this item be tabled, the Council does hereby
determine to take no further action
On a motion by Councilman Bishop, seconded by Councilman Ochala,
it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated August 25, 1987, and which
transmits its resolution 8-200-87, adopted on August 18, 1987,
with respect to a Permit Application submitted by RCA Commercial
& Telephone for approval to erect an earth station antenna on
a site located at 17200 N. Laurel Park Drive in Section 7, the
Council does hereby concur in the recommendation of the Planning
Commission and approve the Permit Application, subject to
compliance with the same condition set forth in the aforesaid
recommendation of the Planning Commission.
On a motion by Councilman Feenstra, seconded by Councilwoman McCotter,
it was
#938-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 25, 1987, and which
transmits its resolution 8-200-87, adopted on August 18, 1987,
with respect to a Permit Application submitted by RCA Commercial
& Telephone for approval to erect an earth station antenna on
a site located at 17200 N. Laurel Park Drive in Section 7, the
Council does hereby refer this item to the next Study Session,
October 5, 1987.
A roll call vote was taken on the motion to refer with the following result:
AYES McCotter, Feenstra, Bishop, Taylor, Bennett, Ochala, McCann.
NAYS None.
The President declared the resolution adopted
The item concerning a request by Anthony Kolodziejczak, on behalf of Arnold
Jayska for right of burial at Livonia Center Cemetery "Potters Field", was removed
from the Agenda to be placed on the next Study Session Agenda.
On a motion by Councilman Bishop, seconded by Councilman Ochala,
it was
23653
160 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 25, 1987, which
transmits its resolution 8-184-87 adopted on August 18, 1987,
with regard to Petition 87-7-2-32, submitted by Michael Cardasis,
requesting waiver use approval to establish seating within a
carry-out restaurant located in the shopping center on the
southeast corner of Plymouth and Levan Roads in the Northeast
1/4 of Section 32, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the Planning
Commission and Petition 87-7-2-32 is hereby approved and granted,
such approval to be based upon the same condition as that 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• Bishop, McCann.
NAYS. McCotter, Feenstra, Taylor, Bennett, Ochala.
The President declared the resolution denied.
On a motion by Councilman Feenstra, seconded by Councilwoman McCotter,
Lit was
#939-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 25, 1987, which
transmits its resolution 8-184-87 adopted on August 18, 1987,
with regard to Petition 87-7-2-32, submitted by Michael Cardasis,
requesting waiver use approval to establish seating within a
carry-out restaurant located in the shopping center on the
southeast corner of Plymouth and Levan Roads in the Northeast
1/4 of Section 32, which property is zoned C-2, the Council
does hereby reject the recommendation of the Planning Commission
and Petition 87-7-2-32 is hereby denied, for the following
reasons:
1 . The petitioner has failed to affirmatively show that
the proposed use is in compliance with all of the general
waiver use standards and requirements as set forth in
Section 19.06 of Zoning Ordinance 543, as amended.
2. The proposed use is contrary to the spirit and intent
of the Zoning Ordinance which, among other things, is
intended to promote and encourage a balanced and
appropriate mix of uses and not oversaturate an area
lb. with similar type uses
3. The proposed use is incompatible to, and not in harmony,
with the surrounding uses in the area.
23654
LA roll call vote was taken on the foregoing resolution with the following result:
AYES• McCotter, Feenstra, Taylor, Bennett, Ochala.
NAYS: Bishop, McCann.
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Bennett, and
unanimously adopted, it was
1940-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 25, 1987, which
transmits its resolution 8-187-87 adopted on August 18, 1987,
with regard to Petition 87-7-2-34, submitted by Sean P. Kavanaugh,
requesting waiver use approval to operate a kennel business
on the south side of Munger Avenue between Middlebelt and Henry
Ruff in the Northeast 1/4 of Section 14, which property is zoned
RUFA, the Council does hereby concur in the recommendation made
by the Planning Commission and Petition 87-7-2-34 is hereby
approved and granted, such approval to be based upon the same
itio condition as that set forth in the aforesaid recommendation
of the Planning Commission.
On a motion by Councilman Bishop, seconded by Councilman Taylor, and
unanimously adopted, it was
#941-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 25, 1987, which
transmits its resolution 8-188-87 adopted on August 18, 1987,
with regard to Petition 87-7-2-35, submitted by John Del Signore,
requesting waiver use approval to utilize a Class C license
in conjunction with a banquet hall proposed to be located on
the north side of Schoolcraft Road between Eckles and the I-96
Freeway in the Southwest 1/4 of Section 19, which property is
zoned C-2, the Council does hereby concur in the recommendation
made by the Planning Commission and Petition 87-7-2-35 is hereby
approved and granted; and the Council does hereby waive the
1 ,000 foot separation requirement as set forth in Section 11 .03
(h) of Zoning Ordinance 543.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
23655
Iwo 1942-87 RESOLVED, that Angelo DiPonio Enterprises, 13040 Merriman
Road, Livonia, Michigan 48150, as proprietors, having requested
the City Council to approve the proposed preliminary plat of
the following subdivision: Willow Woods Subdivision located
in the Southwest 1/4 of Section 5, the said proposed preliminary
plat dated August 4, 1987; 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 18,
1987, 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
in the report of that department dated September 15, 1987 ,
therefore, the City Council does hereby approve of the said
preliminary plat on the following conditions.
(1 ) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the
provisions of the ordinances of the City of Livonia, including
the Subdivision Control Ordinance, being Title 16, Chapters 16.04
through 16.24 of the Livonia Code of Ordinances, as amended,
the Subdivision Regulations of the Planning Commission; the
regulations and specifications of the Engineering Department
and the Development Plans submitted by the proprietor and approved
by such department; all such improvements to be constructed,
installed, accomplished and completed within a period of two
(2) years from the effective date of this resolution, failing
this, the approval contained herein shall be considered null ,
void and of no effect whatsoever,
(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
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
23656
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 $777,000.00, of which at
least $10,000.00 shall be
in cash.
B. Sidewalk Bond $66,000.00, of which at
least $2,000.00 shall be
in cash
C. Grading and Soil Erosion $8,100.00, of which at
Control Bond least $2,000.00 shall be
in cash.
D. Entrance Markers - Land- $5,000.00, of which at
scaping least $1 ,000.00 shall be
in cash
E. Monuments & Lot Markers $2,150.00 (all cash)
and require cash payments in the total amount of $47,806.00.
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
On a motion by Councilman Feenstra, seconded by Councilman Ochala, and
unanimously adopted, it was
#943-87 RESOLVED, that the Council does hereby request that
the City Engineer submit a report and recommendation on the
question of the feasibility of using storm water from the Willow
Woods Subdivision to provide water service for the new golf course.
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
and unanimously adopted, it was
23657
#944-87 RESOLVED, that Mayflower Development Inc , 15510
Farmington Road, Livonia, MI 48154, as proprietors, having
requested the City Council to approve the proposed preliminary
plat of the following subdivision. Mayflower Estates Subdivision
located in the S.E. 1/4 of Section 4, the said proposed preliminary
plat dated May 4, 1987; 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 February
10, 1987; 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 in the report of that department dated September 16,
1987, therefore, the City Council does hereby approve of the
said preliminary plat on the following conditions:
(1 ) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the
provisions of the ordinances of the City of Livonia, including
the Subdivision Control Ordinance, being Title 16, Chapters 16.04
through 16.24 of the Livonia Code of Ordinances, as amended;
the Subdivision Regulations of the Planning Commission; the
regulations and specifications of the Engineering Department
and the Development Plans submitted by the proprietor and approved
by such department; all such improvements to be constructed,
installed, accomplished and completed within a period of two
(2) years from the effective date of this resolution, failing
this, the approval contained herein shall be considered null ,
void and of no effect whatsoever,
(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
Council within two (2) years from the effective date of this
23658
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 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 $129,000.00, 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.
lissC. Grading and Soil Erosion $2,000.00 (all cash).
Control Bond
D. Monuments & Lot Markers $ 605 00 (all cash).
and require cash payments in the total amount of $8,575.00.
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.
On a motion by Councilman Feenstra, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#945-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 25, 1987, which sets
forth its resolution 8-194-87 adopted on August 18, 1987, with
regard to a request from Russell Barnett, Saperstein Associates,
Corporation, for an extension of the approval of Petition 86-8-8-48
relative to a site plan approval to construct a multi-family
development on the north side of Joy Road between Newburgh and
16. Stonehouse in Section 31 , previously granted in Council Resolution
861-86 adopted on September 11 , 1986, the Council does hereby
reject the recommendation of the Planning Commission and does
hereby deny the requested extension for the following reasons.
23659
16. 1 . The petitioner has failed to demonstrate ability to
commence construction of the proposed project within
the time limit as set forth in Zoning Ordinance 543,
as amended.
2. The petitioner has failed to affirmatively show that
the proposed site is in compliance with general standards
and requirements as set forth in Section 19.06 of Zoning
Ordinance 543, as amended.
3. There have been changes that have occurred in the
neighboring area which would cause a re-evaluation of
the proposed site plan so as to determine compatibility
of the proposed development with respect to the planned
development of the neighboring area.
On a motion by Councilman Bennett, seconded by Councilman Ochala,
it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated July 9, 1987, which sets
Imp forth its resolution 6-147-87 adopted on June 30, 1987, with
regard to Petition 87-5-2-21 submitted by Rapid Oil Change
requesting waiver use approval to construct a fast oil change
facility on the southwest corner of Five Mile Road and Bainbridge
in the Northwest 1/4 of Section 23, which property is zoned C-2,
and the Council having conducted a public hearing with regard
to this matter on August 31 , 1987, pursuant to Council Resolution
638-87, the Council does hereby concur in the recommendation
of the City Planning Commission and said Petition 87-5-2-21 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,
it was
#946-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 9, 1987, which sets
forth its resolution 6-147-87 adopted on June 30, 1987, with
regard to Petition 87-5-2-21 submitted by Rapid Oil Change
requesting waiver use approval to construct a fast oil change
facility on the southwest corner of Five Mile Road and Bainbridge
in the Northwest 1/4 of Section 23, which property is zoned C-2,
Ift. and the Council having conducted a public hearing with regard
to this matter on August 31 , 1987, pursuant to Council Resolution
638-87, the Council does hereby concur in the recommendation
of the City Planning Commission and said Petition 87-5-2-21 is
23660
hereby referred to the Committee of the Whole for its report
and recommendation.
A roll call vote was taken on the motion to refer with the following result:
AYES: McCotter, Feenstra, Bishop, Taylor, Bennett, Ochala.
NAYS: McCann.
The President declared the resolution adopted.
On a motion by Councilman Bennett, seconded by Councilman Feenstra,
it was
#947-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 29, 1987, which sets
forth its resolution 6-127-87 adopted on June 16, 1987, with
regard to Petition 87-5-1-21 , submitted by Philip Barth for a
change of zoning on property located on the east side of Farmington
Road between Curtis and Pickford in the Northwest 1/4 of Section
10, from R-1 to P.S. , and the Council having conducted a public
hearing with regard to this matter on August 31 , 1987, pursuant
to Council Resolution 637-87, the Council does hereby reject
the recommendation of the Planning Commission and the said Petition
87-5-1-21 is hereby denied for the following reasons:
1 . The proposed change of zoning is incompatible to, and
not in harmony with, the surrounding uses in the area.
2. The proposed change in zoning will only encourage similar
zoning requests for adjacent property which, in turn,
will encourage strip office building development in this
area which is inconsistent with good zoning and planning
principles.
3. There is no need for additional office zoning in this
area as there is already an overabundance of existing
and vacant office-zoned land available in this area.
A roll call vote was taken on the motion to refer with the following result
AYES McCotter, Feenstra, Bishop, Taylor, Bennett, Ochala.
NAYS McCann
The President declared the resolution adopted.
ib. On a motion by Councilman Ochala, seconded by Councilman Feenstra, and
unanimously adopted, it was
23661
#948-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 26, 1987, which sets
forth its resolution 6-125-87 adopted on June 16, 1987, with
regard to Petition 87-4-1-19, submitted by S.E.M.M. Company
for a change of zoning on property located on the east side
of Newburgh, north of Seven Mile Road, in the S.W. 1/4 of Section
5, from RUFC to C-1 , and the Council having conducted a public
hearing with regard to this matter on August 31 , 1987, pursuant
to Council Resolution 637-87, the Council does hereby concur
in the recommendation of the Planning Commission and the said
Petition 87-4-1-19 is hereby denied for the same reasons as
those set forth in the action taken by the Planning Commission.
On a motion by Councilman Ochala, seconded by Councilman Bennett,
it was
#949-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 28, 1987, which sets
forth its resolution 7-162-87 adopted on July 21 , 1987, with
regard to Petition 87-6-1-25, submitted by Herrel F. Sutton,
for a change of zoning on property located east of Edington Road
between Angeline Avenue and Plymouth Road in the Northeast 1/4
of Section 33, from RUF to R-1A, and the Council having conducted
a public hearing with regard to this matter on September 9, 1987,
pursuant to Council Resolution 710-87, the Council does hereby
refer this item to the Committee of the Whole for its report
and recommendation.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: McCotter, Feenstra, Bishop, Taylor, Ochala, McCann.
NAYS: Bennett.
The President declared the resolution adopted.
23662
Imp
Councilwoman McCotter took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 33 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
87-3-1-16, change of zoning from RUF to R-1A)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: McCotter, Feenstra, Bishop, Taylor, Bennett, Ochala, McCann.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#950-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 28, 1987, which sets
forth its resolution 7-160-87 adopted on July 21 , 1987, with
regard to Petition 87-3-1-14, submitted by the City Planning
Commission for a change of zoning on property located on the
east side of Antago between Grand River and Long Avenue in the
Northeast 1/4 of Section 1 , from RUF to P, and the Council having
conducted a public hearing with regard to this matter on September
9, 1987, pursuant to Council Resolution 710-87, the Council does
hereby concur in the recommendation of the Planning Commission
and the said Petition 87-3-1-14 is hereby approved and granted;
and the City Planner is hereby instructed to cause the necessary
map for publication to be prepared indicating the zoning change
herein approved and to furnish the same to the Department of
Law and, upon receipt of such map, the Department of Law is
requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution
23663
Imp
On a motion by Councilman Bishop, seconded by Councilman Taylor, and
unanimously adopted, it was
#951-87 RESOLVED, that having conducted a communication from
the City Planning Commission, dated July 28, 1987, which sets
forth its resolution 7-170-87 adopted on July 21 , 1987, with
regard to Petition 87-4-6-2, submitted by the City Planning
Commission to amend Section 2.10, Definitions of Miscellaneous
Terms, to define new restaurant uses, and Sections 10.03 and
11 .03 of Zoning Ordinance 543 to set new standards for newly
defined restaurants within C-1 and C-2 Districts, and the Council
having conducted a public hearing with regard to this matter
on September 9, 1987, pursuant to Council Resolution 710-87,
the Council does hereby refer this item to the Legislative
Committee for its report and recommendation.
LOn a motion by Councilman Taylor, seconded by Councilman Feenstra,
it was
#952-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 28, 1987, which sets
forth its resolution 7-161-87 adopted on July 21 , 1987, with
regard to Petition 87-5-1-23, submitted by Mayflower Development,
Inc. for a change of zoning on property located on the northeast
corner of Clarita and Melvin in the Northeast 1/4 of Section
11 , from P.S. and R-5 to R-7, and the Council having conducted
a public hearing with regard to this matter on September 9, 1987,
pursuant to Council Resolution 710-87, the Council does hereby
concur in the recommendation of the Planning Commission and the
said Petition 87-5-1-23 is hereby denied for the same reasons
as those set forth in the action taken by the Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: McCotter, Feenstra, Taylor, Bennett, Ochala, McCann.
NAYS: Bishop.
The President declared the resolution adopted.
23664
On a motion by Councilman Feenstra, seconded by Councilman Bennett, and
unanimously adopted, it was
#953-87 RESOLVED, that the Council does, pursuant to Section
23.01 (a) of Ordinance 543 request that the Planning Comnission
conduct a public hearing, and thereafter submit its report and
recommendation, on the question of whether or not the property,
located on the northeast corner of Clarita and Melvin in the
Northeast 1/4 of Section 11 , should be rezoned from P. S. to
an appropriate single family zoning classification.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#954-87 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No 294, more particularly described in Council Resolution 526-87
adopted on June 3, 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 on St. Francis,
between Bridge and Pembroke in the Southeast 1/4 of Section 1 ,
City of Livonia, Wayne County, Michigan, in said Special Assessment
District No 294.
NOW, THEREFORE BE IT RESOLVED, that the said Council does hereby
determine to install three 100 watt high pressure sodium street
lights with davitt poles on St. Francis between Vassar and Bridge,
City of Livonia, and that the assessments set forth in said Special
Assessment District No 294 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. 294 based on the installation
of street 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
23665
Im. 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 Bishop, seconded by Councilman Feenstra, and
unanimously adopted, it was
1955-87 RESOLVED, that the Council does hereby request that
the Superintendent of Parks and Recreation submit his report
and recomffendation with respect to clearing and grubbing of the
City Park site located in the area of Bridge and St. Francis
in order to improve public safety therein.
On a motion by Councilman Feenstra, seconded by Councilman Taylor, and
unanimously adopted, it was
1956-87 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 295, more particularly described in Council Resolution 525-87
adopted on June 3, 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 on Laurel Avenue,
south of Pinetree, in the Southwest 1/4 of Section 17, City of
Livonia, Wayne County, Michigan, in said Special Assessment
District No. 295.
NOW, THEREFORE BE IT RESOLVED, that the said Council does hereby
determine to install street lighting consisting of the installation
of two (2) 175 watt mercury vapor lights on existing wood poles
and that the assessments set forth in said Special Assessment
District No 295 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. 295 based on installation of two
(2) 175 watt mercury vapor lights on existing wood poles is hereby
approved and confirmed in all respects, pursuant to the provisions
of Section 3.08.130 of the Livonia Code of Ordinances, as amended,
the City Clerk shall endorse the date of confirmation on the
Assessment Roll , and the Assessment Roll shall then be immediately
transmitted to the City Treasurer who shall take such further
action as set forth in Title 3, Chapter 8 of the Livonia Code
of Ordinances, as amended, and the City Clerk is hereby authorized
to transmit the proper street lighting order to the Detroit Edison
Company on forms provided by them for thi3 purpose.
23666
On a motion by Councilman Feenstra, seconded by Councilman Taylor, and
unanimously adopted, it was
#957-87 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 296, more particularly described in Council Resolution 528-87
adopted on June 3, 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 the Sumner
Creek Subdivision in the N.W. 1/4 of Section 4, City of Livonia,
Wayne County, Michigan, in said Special Assessment District No.
296.
NOW, THEREFORE BE IT RESOLVED, that the said Council does hereby
determine to install street lighting consisting of the installation
of 100 watt high pressure sodium lights on colonial post tops
and that the assessments set forth in said Special Assessment
District No. 296 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. 296 based on installation of 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, 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 McCotter, seconded by Councilman Feenstra,
and unanimously adopted, it was
058-87 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated January 15, 1987, pursuant to the
requirements set forth in Section 16.24.310 of the Livonia Code
of Ordinances, as amended, 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 installation of ornamental street lighting with
underground wiring in Coventry Gardens Estates Subdivision in
23667
Imm the S.W. 1/4 of Section 16, City of Livonia, Wayne County,
Michigan, and a public hearing having been held thereon on
September 9, 1987, pursuant to Council Resolution 702-87, after
due notice as required by Title 3, Chapter 8 of said Code, as
amended, and careful consideration having been given to all such
matters, including the various objections, comments and
observations of individuals in attendance at such public hearing,
and in view of the apparent difficulty in satisfactorily
apportioning the benefits and costs of such contemplated
improvement to the satisfaction of the majority of the property
owners who would have been affected thereby, the Council does
hereby determine to proceed no further with the special assessment
proceedings heretofore commenced for the said proposed street
lighting improvement.
On a motion by Councilman Feenstra, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#959-87 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 297, more particularly described in Council Resolution 529-87
adopted on June 3, 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 the Windridge
Village Subdivision No. 5 in the West 1/2 of Section 4, City
of Livonia, Wayne County, Michigan, in said Special Assessment
District No. 297.
NOW, THEREFORE BE IT RESOLVED, that the said Council does hereby
determine to install street lighting consisting cf the installation
of 10C watt high pressure sodium lights on davitt poles and that
the assessments set forth in said Special Assessment District
No. 297 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. 297 based on installation of 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.
23668
On a motion by Councilman Feenstra, seconded by Councilman Bishop, and
unanimously adopted, it was
#960-87 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District
No. 298, more particularly described in Council Resolution 530-87
adopted on June 3, 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 the Windridge
Village Subdivision No. 6 in the Northwest 1/4 of Section 4,City
of Livonia, Wayne County, Michigan, in said Special Assessment
District No. 298.
NOW, THEREFORE BE IT RESOLVED, that the said Council does hereby
determine to install street lighting consisting Cf the installation
of 10C watt high pressure sodium lights on davitt poles and that
the assessments set forth in said Special Assessment District
No. 298 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. 298 based on installation of 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 imuediately 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 crder to the Detroit Edison Compary
on forms provided by them for this purpose.
On a motion by Councilman Taylor, seconded by Councilman Bishop, and
unanimously adopted, it was
061-87 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated July 23, 1987, on all matters required
by Sections 3 08.060 and 3.08 140 of the Livonia Code of
Ordinances, as amended, and a first public hearing having been
held thereon on September 9, 1987, after due rotice as required
by Section 3.08.070 of said Code, and careful consideration having
been given to all such matters, the Council does hereby, pursuant
to Section 3.08 080 of said Code.
23669
Ira (1 ) accept and approve said statement in all respects,
(2) determine to make the improvement consisting of the
installation of 175 watt high pressure sodium lights
on davitt poles with underground wiring in the S. I.J.L.
Industrial Park in the N.E. 1/4 of Section 27, City
of Livonia, Wayne County, Michigan, as described in
said statement, and to defray the cost of such
improvement by special assessment upon the property
especially benefited in proportion to the benefits
derived or to be derived;
(3) approve the plans and specifications for said improvement
as set forth in said statement dated July 23, 1987;
(4) determine that the cost of such improvement shall be
paid by special assessment upon the property especially
benefited,
(5) determine that the assessment made for such improvement
shall be paid in annual installments, according to
said statement;
L (6) designate the assessment district, describing the land
and premises upon which special assessments shall be
levied as follows.
A Special Assessment District in the N E. 1/4 of Section
27, T. 1 S. , R. 9 E , City of Livonia, Wayne County,
Michigan, described as containing the property shown
on the Special Assessment Plan and the Special Assessment
Roll .
(7) direct the City Assessor to prepare a special assessment
roll in accordance with the Council 's determination
on said statements as prepared by the City Engineer
dated July 23, 1987; and
(8) that upon completion of said roll , the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3.08 100 of the Livonia Code
of Ordinances, as amended, and file the same with the
City Clerk, who thereupon is directed to present the
same to the City Council prior to the holding of the
second public hearing thereon pursuant to Title 3,
Chapter 8 of the Livonia Code of Ordinances
On a motion by Councilman Feenstra, seconded by Councilman Bishop,
it was
23670
Ift. #962-87 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated July 23, 1987, on all matters required
by Sections 3.08.060 and 3.08.140 of the Livonia Code of
Ordinances, as amended, and a first public hearing having been
held thereon on September 9, 1987, after due notice as required
by Section 3.08.070 of said Code, and careful consideration having
been given to all such matters, the Council does hereby, pursuant
to Section 3.08.080 of said Code.
(1 ) accept and approve said statement in all respects,
(2) determine to make the improvement consisting of the
installation of 100 watt high pressure sodium lights
on davitt poles with underground wiring in Canterbury
Estates and Westmore Subdivision in the S.W. 1/4 of
Section 11 , City of Livonia, Wayne County, Michigan,
as described in said statement, and to defray the cost
of such improvement by special assessment upon the
property especially benefited in proportion to the
benefits derived or to be derived;
(3) approve the plans and specifications for said improvement
as set forth in said statement dated July 23, 1987;
(4) determine that the cost of such improvement shall be
paid by special assessment upon the property especially
benefited;
(5) determine that the assessment made for such improvement
shall be paid in annual installments, according to
said statement;
(6) designate the assessment district, describing the land
and premises upon which special assessments shall be
levied as follows.
A Special Assessment District in the S.W. 1/4 of Section
11 , T. 1 S. , R 9 E. , City of Livonia, Wayne County,
Michigan, described as containing the property shown
on the Special Assessment Plan and the Special Assessment
Roll .
(7) direct the City Assessor to prepare a special assessment
roll in accordance with the Council 's determination
on said statements as prepared by the City Engineer
dated July 23, 1987, and
(8) that upon completion of said roll , the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3.08.100 of the Livonia Code
of Ordinances, as amended, and file the same with the
23671
IwoCity Clerk, who thereupon is directed to present the
same to the City Council prior to the holding of the
second public hearing thereon pursuant to Title 3,
Chapter 8 of the Livonia Code of Ordinances.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Feenstra, Bishop, Taylor, Bennett, McCann.
NAYS: McCotter, Ochala.
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#963-87 RESOLVED, that having considered a communication from
the City Engineer, dated August 27, 1987, to which are attached
a communication from the firm of Orchard, Hiltz & McCliment,
Inc. , dated February 5, 1987, and letters from Polsinelli
Construction Company, dated January 26, 1987 and August 18, 1987,
wherein Polsinelli Construction Company is requesting additional
Immo money for work performed in connection with the Golden Ridge
Storm Sewer Contract, the Council does hereby refer this item
to the Committee of the Whole for its report and recommendation.
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#964-87 RESOLVED, that having considered a communication from
the Director of Community Resources and the Finance Director
dated August 28, 1987, approved for submission by the Mayor Pro
Tem, the Council does hereby accept the following cash donations
for the Senior Citizen Program:
1 . Michigan Depression Glass Society $315.00
224 N. Mildred
Dearborn, Michigan 48128
2. Gertrude R. Fuchs 43.00
9119 Melvin 52.00
Livonia, Michigan 48150
3. Edwin B. Henson 40.00
12124 Boston Post Road 223.00
Livonia, Michigan 48150
$673.00
23672
Land the Council does hereby increase Sundry Income Account
101-000-698.000 and Community Resources Account 101-891-931 .010
each in the amount of $673.00 for this purpose.
On a motion by Councilman Feenstra, seconded by Councilwoman McCotter,
and unanimously adopted, it was
1965-87 RESOLVED, that having considered a communication from
the Department of Law, dated September 10, 1987, submitted pursuant
to Council Resolution 780-87, transmitting for Council acceptance
a warranty deed dated September 9, 1987, executed by Karle D.
Steinhoff, conveying to the City certain property described as
follows:
Land in the City of Livonia, County of Wayne and State
of Michigan, to wit:
The East 60 feet of the following described parcel :
Beginning at a point in the East line of said section 31 ,
situated South 2 degrees 12 minutes East 867.39 feet from
the East quarter post of said Section 31 , running thence
16. west 1347.99 feet to a point in the East line of Golden
Ridge Subdivision No. 1 , of the West half of the Southeast
quarter of section 31 , Livonia Township (now City of
Livonia), Wayne County, Michigan, thence South 0 degrees
10 minutes 29 seconds East along said East line of said
Subdivision No. 1 , 161 .2 feet to a point, thence East 1353.65
feet to a point in the East line of said section 31 , thence
North 2 degrees 12 minutes West along said East line of
section 31 , 161 .31 feet to the point of beginning.
(Newburgh Road right-of-way)
the Council does hereby determine, for and on behalf of the City
of Livonia, to accept the aforesaid warranty deed and the City
Clerk is hereby requested to have the same recorded with the
Wayne County Register of Deeds and to do all other things necessary
or incidental to the full performance of this resolution; further,
the City Assessor is hereby requested to have this property removed
from the tax rolls and to show the same as City-owned and tax
exempt.
On a motion by Councilman Feenstra, seconded by Councilman Ochala, and
111.•
.inanimously adopted, it was
1966-87 RESOLVED, that having considered a communication from
the Department of Law, dated September 10, 1987, submitted pursuant
23673
16 to Council Resolution 780-87, transmitting for Council acceptance
a warranty deed dated September 9, 1987, executed by Harley E.
Pyke, conveying to the City certain property described as follows:
Land in the City of Livonia, County of Wayne and State
of Michigan, to wit:
The East 60 feet of the following described parcel :
City of Livonia, Town 1 South, Range 9 East, that part
of the Southeast 1/4 of Section 31 , described as beginning
at a point on the East section line distant South 2 degrees
12 minutes East 1028.70 feet from the East 1/4 corner of
Section 31 and proceeding thence South 2 degrees 12 minutes
East along said line 175.60 feet, thence West 300.0 feet,
thence North 2 degrees 12 minutes West 175.60 feet, thence
East 300.0 feet to the point of beginning.
(Newburgh Road right-of-way)
the Council does hereby determine, for and on behalf of the City
of Livonia, to accept the aforesaid warranty deed and the City
Clerk is hereby requested to have the same recorded with the
Wayne County Register of Deeds and to do all other things necessary
Imo or incidental to the full performance of this resolution, further,
the City Assessor is hereby requested to have this property removed
from the tax rolls and to show the same as City-owned and tax
exempt.
On a motion by Councilman Feenstra, seconded by Councilman Ochala, and
unanimously adopted, it was
#967-87 RESOLVED, that having considered a communication dated
September 11 , 1987, from the Department of Law transmitting for
Council acceptance a Grant of Easement, more described as:
Grant of Easement dated September 3, 1987, executed by
L. Jack Akey and David Josephson, Partners, Waukeen, a
Michigan Co-partnership, to the City of Livonia, for.
Part of the S.W. 1/4 of Section 12, T. 1 S. , R. 9 E. ,
City of Livonia, Wayne County, Michigan, described as
follows: Commencing at the West 1/4 corner of Section
12, T. 1 S. , R. 9 E. , and proceeding thence N. 00°10'30"
West 189.45 feet along the West line of said Section 12;
thence S. 89° 51 ' 20" East 646.00 feet to the Point of
Beginning of a 20 foot wide easement whose centerline is
im. described as follows: thence N. 64° 21 ' 20" West 49.00
feet, thence N. 14° 49' 21" West 122.00 feet, thence N.
79° 53' 26" West 314.50 feet, thence N. 22° 00' 00" West
to a point on the North line of Parcel 2, also known as
the Point of Ending
23674
lorthe Council does hereby, for and in behalf of the City of Livonia,
accept the aforesaid Grant 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 full performance of this resolution.
On a motion by Councilman Ochala, seconded by Councilman Bennett,
it was
#968-87 RESOLVED, that having considered a communication dated
September 11 , 1987, from the Department of Law transmitting for
Council acceptance a Quit Claim Deed, more particularly described
as:
Quit Claim Deed dated March 16, 1987, executed by Sam H.
Goodman, President, Sam H. Goodman Building Co. , a Michigan
Corporation, to the City of Livonia, for:
That part of Lot 726, Supervisor's Livonia Plat No. 11 ,
as recorded in Liber 66, Page 64, Wayne County Records,
said plat being a part of the S.E. 1/4 of Section 32, T.
1 S. , R. 9 E. , Livonia Township (now City of Livonia),
Wayne County, Michigan, being more particularly described
as commencing at the Northeast corner of said Lot 776 and
proceeding South 48.5 feet to the Point of Beginning; thence
South, 60 feet; thence West, 30 feet, thence North, 60
feet; thence East, 30 feet to the Point of Beginning.
(Hees Avenue Right-of-Way)
the Council does hereby, for and in behalf of the City of Livonia,
accept the aforesaid Quit Claim Deed for the dedication of Hees
Avenue in the S W. 1/4 of Section 12 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 full performance of this resolution,
AND BE IT FURTHER RESOLVED, that said street is a public street
and is for public street purposes, and
FURTHER, that said street is accepted into the City Local Street
System.
A roll call vote was taken on the foregoing resolution with the following result:
AYES. McCotter, Taylor, Bennett, McCann.
ImwNAYS. Feenstra , Bishop, Ochala.
The President declared the resolution adopted.
23675
16.
On a motion by Councilman Bishop, seconded by Councilman Taylor, and
unanimously adopted, it was
#969-87 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 Ochala, seconded by Councilman Bishop, and
unanimously adopted, it was
#970-87 RESOLVED, that having considered a communcation from
the City Clerk, dated September 28, 1987, approved by the Finance
Director and approved for submission by the Mayor Pro Tem, the
Council does hereby approve of the transfer of funds as follows:
FROM: TO:
Imo 101-193-702.000
Salaries/Wages $20,000 101-263-730.000
Postage $10,000
101-111-818.000 101-111-756.000
Contractual Serv. 2,500 Miscellaneous 4,000
101-111-947.000 101-111-905.000
Trans. Rental 4,000 Publishing 12,500
On a motion by Councilman Bishop, seconded by Councilman Taylor, and
unanimously adopted, it was
#971-87 WHEREAS, pursuant to Resolution No. 714-87, adopted
August 10, 1987 , the City Council has determined to acquire certain
fire trucks, emergency vehicles and related equipment (the
"Equipment") on an installment basis, and
WHEREAS, under the provisions of Act No. 99, Public
Acts of Michigan, 1933, as amended ("Act 99") , the City Council
is authorized to enter into any contract or agreement for the
purchase of property or equipment for public purposes,to be paid
for in installments over a period of not to exceed the useful
life of the property acquired as determined by resolution of
1110 the City Council ; and
WHEREAS, under the provisions of Act No. 205, Public
Acts of Michigan, 1964 ("Act 205") , the City Council is authorized
23676
to purchase on executory title retaining contracts any fire trucks,
fire fighting apparatus and equipment such as the Equipment,
such contracts not to provide for payments for longer than six
(6) years; and
WHEREAS, the outstanding balance of all such purchases
by the City under the Act 99, exclusive of interest, shall not
exceed one and one quarter percent (1-1/4%) of the equalized
assessed value of the real and personal property of the City
at the date of such contract or agreement; and
WHEREAS, purchase of the Equipment pursuant to an
installment purchase agreement will not result in the outstanding
balance of all such purchases in excess of the limitation contained
within Act 99 as set forth above, and
WHEREAS, the City Council previously has received the
offer of General Funding Corporation, 3660 Penobscot Building,
Detroit, Michigan 48226 (the "Lessor") for the acquisition of
the Equipment, which proposal has been reviewed by the Director
of Finance, and the Director of Finance has concluded that the
offer of the Lessor is in the best interest of the City and should
be approved; and
WHEREAS, the Council by Resolution No. 714-87 authorized
aw
the purchase of the Equipment on the basis of a Municipal
Lease-Purchase Agreement (the "Agreement"), as recommended by,
and on terms and conditions set forth in the communication from,
the Finance Director; and
WHEREAS, it is the desire of the City Council to confirm
the prior approval of the Agreement and the execution thereof,
together with certain other documentation relative thereto.
NOW, THEREFORE, BE IT RESOLVED THAT.
1 . The Agreement is hereby approved substantially in
the form on file with the Finance Director with such additions,
changes and modifications as shall be approved by the Finance
Director. The Mayor Pro Tem and City Clerk are hereby authorized
and directed to execute the Agreement, when in final form, and
deliver it to the Lessor.
2. The useful life of the Equipment is hereby determined
to be not less than six (6) years, and the Agreement shall not
provide for payments for longer than six (6) years.
3. The Mayor Pro Tem, City Clerk and Finance Director,
Iwoor any of them, are each hereby directed and authorized to execute
such additional documentation as shall be necessary to effectuate
the closing contemplated by the Agreement and the assignment
thereof.
23677
ibe4. The City hereby agrees to include in its budget
for each year, commencing with the present fiscal year, a sum
which will be sufficient to pay the principal of the interest
coming due under the Agreement before the next fiscal year.
In addition, the City hereby pledges to levy ad valorem taxes
on all taxable property in the City each year in an amount
necessary to make its debt service payments under the Agreement,
subject to applicable constitutional , statutory and charter tax
rate limitations.
5. The City hereby confirms the designation of its
obligations under the Agreement as "qualified tax exempt
obligations" for purposes of deduction of interest expense by
financial institutions pursuant to the Internal Revenue Code
of 1986, (the "Code").
6. The City covenants that, to the extent permitted
by law, it shall be all actions within its control necessary
to maintain the exclusion of the interest component of the payments
due under the Agreement from adjusted gross income for general
federal income tax purposes under the Code including but not
limited to, actions relating to the rebate of arbitrage earnings,
if applicable.
7. All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution be and
the same hereby are rescinded to the extent of such conflict.
8. The acquisition of the Equipment and the approval
of the Agreement hereby are found and declared to be in the best
interest of the health and welfare of the residents of the City.
On a motion by Councilman Feenstra, seconded by Councilman Bishop, and
unanimously adopted, this 1 ,112th Regular Meeting of the Council of the City of Livonia
was adjourned at 10:10 P.M. , September 30, 1987
*4e"-(1-44I )414*1-
Robert F. Nash, City Clerk