HomeMy WebLinkAboutCOUNCIL MINUTES 1996-09-30 29762
MINUTES OF THE ONE THOUSAND THREE HUNDRED AND TWENTY-NINTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On September 30, 1996, 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 Councilmember McGee delivered the invocation
Roll was called with the following result. Michael P McGee, Gerald
Taylor, Brian Duggan, Fernon P Feenstra, Maureen Miller Brosnan, Val Vendersloot,
and Joe Laura. Absent: None
Elected and appointed officials present: Jack E Kirksey, Mayor; John
Nagy, City Planner; Raul Galindo, City Engineer; Sean P Kavanagh, City Attorney;
Joan McCotter, City Clerk; Karen A. Szymula, Director of Legislative Affairs, John
Fegan, Director of Inspection, Michael T Slater, Finance Director; Robert J Beckley,
Director of Public Works, Laura M Toy, City Treasurer; Linda McCann, Director of
Community Resources, and James C McCann, Planning Commission
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was.
#891-96 RESOLVED, that the minutes of the 1,328th Regular
Meeting of the Council of the City of Livonia, held September 11, 1996,
are hereby approved as submitted.
During audience communication, Leo Weber, 14048 Levan, spoke
regarding land usage
Councilmember Taylor acknowledged his wife's (Kay) upcoming birthday
on Wednesday, October 2, and also extended birthday wishes to Bonita Johnson,
Administrative Assistant in the Council Office, whose birthday is on October 6, 1996
29763
A communication from the Department of Law, dated September 4, 1996,
re Peter Bauman, et al v City of Livonia, et al, Wayne County Circuit Court 94-435826
AW was received and placed on file for the information of the Council
At the direction of the Chair, Item 12 was removed from the Consent
portion of the agenda.
On a motion by Duggan, seconded by Feenstra, it was
#892-96 RESOLVED, that having considered letters from Helen
Oppat, dated September 16, and September 19, 1996, representing the
St. Aidan Women's Guild, which requests permission to display signs
announcing St. Aidan's 13th Annual Craft Show to be held on Saturday,
October 19, 1996, which signs are to be 18" x 24" in size and which will
be displayed at all major intersections in the City from October 11, 1996,
through October 20, 1996, the Council does hereby grant and approve
this request in the manner and form herein submitted.
#893-96 RESOLVED, that having considered letters from Jill Wood,
Publicity Chairperson of the Clarenceville Athletic Boosters Club, dated
August 27, 1996, and September 3, 1996, which requests permission to
display wire signs announcing the Clarenceville High School annual craft
show to be held on Saturday, November 9, 1996, which signs are to be
14" x 22" in size and which will be displayed at all major intersections in
the City from October 26, 1996, through November 10, 1996, the Council
does hereby grant and approve this request in the manner and form
herein submitted
#894-96 RESOLVED, that having considered a communication from
Neil S Myres, 16800 Bell Creek Lane, dated August 30, 1996, to which is
attached a petition from residents of the Bell Creek Farms Subdivision
No 1 and No 2 requesting the resurfacing and repaving of Bell Creek
Lane, and before determining to improve Bell Creek Lane, south of Six
Mile Road as it extends to Farmington Road, and Bloomfield Drive east of
Farmington as it extends east to Bell Creek Lane, the cost of which is to
be defrayed by special assessment, the City Engineer is hereby
requested to ascertain the assessed valuation of all property affected by
the proposed improvement, the number of parcels which show tax
delinquencies, the number of parcels owned by public authorities, the
number of parcels which are now vacant, and to prepare and cause to be
prepared, plans and specifications therefor and an estimate of the cost
thereof, and to file the same with the City Clerk together with his
recommendation as to what proportion of the cost should be paid by
special assessment and what part, if any, should be a general obligation
of the City, the number of installments in which assessments may be paid
29764
and the lands which should be included in the proposed special
assessment district, pursuant to the provisions of Section 3 08 060 of the
Livonia Code of Ordinances, as amended
#895-96 WHEREAS, the City Council having duly met and reviewed
the special assessments levied on the special assessment roll as
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 the
installation of three (3) 100-watt high pressure sodium lights on davitt
poles with underground wiring on Stark Road in the Southeast 1/4 of
Section 21, in said Special Assessment District No 387, and all owners
of record of property subject to the special assessments having
submitted in writing a "waiver of notice and proceedings" in accordance
with Section 3 08 310 of the Livonia Code of Ordinances, as amended,
after careful consideration having been given to all such matters,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does
hereby determine to install street lighting consisting of the installation of
three (3) 100-watt high pressure sodium lights on davitt poles with
underground wiring on Stark Road in the Southeast 1/4 of Section 21,
and that the assessments set forth in said Special Assessment District
Roll No 387 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 387
based on the installation of three (3) 100-watt high pressure sodium
lights on davitt poles with underground wiring is hereby approved and
confirmed in all respects, pursuant to the provisions of Section 3 08 130
of the Livonia Code of Ordinances, as amended, the City Clerk shall
endorse the date of confirmation on the Assessment Roll, and the
assessment roll shall then be immediately transmitted to the City
Treasurer who shall take such further action as set forth in Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, and the City
Clerk is hereby authorized to execute a Municipal Street Lighting
Agreement for this purpose, FURTHER, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$4,547 40 from the Michigan Transportation Fund (Major Road Account)
in order to reimburse the Detroit Edison Company for the first year
contribution-in-aid costs in connection with this street light installation
project.
A communication from the Division of Police, dated August 22, 1996, re.
administrative response to CR 754-96 - vandalism activity occurring in Caliburn Estates
Subdivision and excessive alarm activity at the Dearborn Federal Credit Union -was
oisup
received and placed on file for the information of the Council
29765
A communication from the Inspection Department, dated August 26, 1996,
re administrative response to CR 634-96 - maintenance of property at 34708-34730
Plymouth Road - was received and placed on file for the information of the Council
A communication from the Inspection Department, dated August 26, 1996,
re administrative response to CR 634-96 - parking of vehicles and property
maintenance at 34500 Plymouth Road (Budget Rent-a-Car) -was received and placed
on file for the information of the Council
A communication from the Inspection Department, dated September 4,
1996, re administrative response to CR 724-96 - the ice chest outside the Speedway
station at Seven Mile and Farmington Roads -was received and placed on file for the
information of the Council
#896-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Superintendent
of Public Service, dated September 9, 1996, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of G&M Enterprises Ltd ,
19614 W Eight Mile Road, Southfield, Michigan 48075, for completing all
sweeping required for the City's 1996 Leaf Pickup Program at the unit
prices bid, the same having been in fact the lowest bid received and
meets all specifications, and the Director of Public Works is hereby
authorized to approve minor adjustments in the work as it becomes
necessary; and the Mayor and City Clerk are hereby authorized to
execute a contract for and on behalf of the City of Livonia with the
aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution, FURTHER, in the event the aforesaid
low bidder in unable to perform the services, the Council does hereby
accept the bid of Progressive Sweeping Contractors, Inc., 455 Terminal
Road, Toledo, Ohio 43612, at the unit price specified, the same having
been in fact the second lowest bid received for this item
#897-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, the Superintendent of
Public Service and the Superintendent of Parks and Recreation, dated
September 9, 1996, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the bid of Turf Tech Landscape Services, 10252 E Birch Run
Road, Birch Run, Michigan 48415, for completing all work required for the
29766
installation of an irrigation system at Bicentennial Park ball diamonds and
soccer fields for the sum of $34,585 00; FURTHER, the Council does
hereby authorize a budget adjustment to transfer $4,728 00 from Account
#101-722-987-000 to be combined with funds already budgeted for this
purpose in Capital Outlay Account #101-709-987-000; and the Director of
Public Works is hereby authorized to approve minor adjustments in the
work as it becomes necessary; and the Mayor and City Clerk are hereby
authorized to execute a contract for and on behalf of the City of Livonia
with the aforesaid bidder and to do all other things necessary or incidental
to the full performance of this resolution
#898-96 RESOLVED, that having considered a communication from
the Department of Law, dated August 29, 1996, which submits a proposed
amendment adding Section 18 61 to Article XVIII of the Livonia Zoning
Ordinance for the purpose of addressing the subject of the sale,
distribution, etc., of obscene books, pictures and literature, and in
accordance with the provisions set forth in Section 23 01(a) of the Livonia
Zoning Ordinance, the Council does hereby determine on its own motion
to refer to and request that the City Planning Commission conduct a
public hearing on the question of whether such amendment should be
made, and thereafter submit a report and recommendation to Council
A communication from the Engineering Department, dated August 16,
1996, re administrative response to CR 651-96 - possible reduction of the berm on the
south side of Six Mile Road at Whitby - was received and placed on file for the
information of the Council
#899-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 16, 1996, approved
for submission by the Mayor, submitted pursuant to Council Resolution
651-96, with regard to the possible reduction of the berm on the south
side of Six Mile Road at Whitby, the Council does hereby authorize the
Engineering Department to lower the easterly-most one hundred feet
(100') of this berm in order to improve traffic safety at this location
A communication from the Engineering Department, dated August 20,
1996, re administrative response to CR 443-96 - subject of the "saw cut" on Fairfield
Avenue, north of Six Mile Road - was received and placed on file for the information of
the Council
29767
A communication from the Planning Commission, dated August 27, 1996,
re administrative response to CR 763-94 - RUF zoning in the area east of Henry Ruff
and south of Five Mile (portion of the B E Taylor's Green Acres Subdivision) -was
received and placed on file for the information of the Council
#900-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 4, 1996, which transmits
its resolution 8-158-96, adopted on August 27, 1996, with regard to a
Sign Permit Application submitted by Metro Detroit Signs, on behalf of
Office Depot Plaza, requesting approval for two business center ground
signs for the commercial center located at 29290 Plymouth Road in the
Southwest 1/4 of Section 25, the Council does hereby concur in the
recommendation of the Planning Commission and approve the said sign
permit application, subject to the following conditions
1 That the Sign Package submitted by Metro Detroit Signs, as
revised, is hereby approved and shall be adhered to provided that
the base of the sign shall be constructed using brick to match the
building color;
2 That the sign along Middlebelt Road shall be set back eleven (11')
feet from the sidewalk, eliminating one parking space, with the
existing berm widened, and
3 That any landscaping or trees that may be removed shall be
replaced by low profile material
#901-96 RESOLVED, that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as
amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as
Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the
City of Livonia, the Council does hereby determine that a public hearing
will take place before the City Council of the City of Livonia on
Wednesday, November 6, 1996, at 7 00 p m at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, with respect to the following items
(1) Petition 96-7-1-17, submitted by Harry DeNoon and Linda O'Neil
for a change of zoning of property located on the north side of
Long Avenue between Inkster Road and Rensellor Avenue in the
Northeast 1/4 of Section 1, from C-2 to R-1, the City Planning
Commission in its resolution 9-163-96 having recommended to the
City Council that Petition 96-7-1-17 be approved, and
(2) Petition 96-7-1-18, submitted by Leo Soave for a change of zoning
of property located on the north side of Ann Arbor Trail between
29768
Stark and Farmington Roads in the Southeast 1/4 of Section 33,
from RUF to R-1 B, the City Planning Commission in its resolution
9-164-96 having recommended to the City Council that Petition 96-
7-1-18 be approved,
FURTHER, the City Clerk is hereby requested to, no less than fifteen (15)
days prior to the aforesaid date of said public hearing, cause to have a
statement indicating the (a) nature of the proposed amendments to the
Zoning Ordinance, and/or (b) location of the proposed changes of zoning
as set forth above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia as well as
to, not less than fifteen (15) days prior to said public hearing, cause to
have notice to be given by certified 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, Vandersloot, and
Laura
NAYS None
On a motion by Taylor, seconded by McGee, it was
#902-96 RESOLVED, that having considered a communication from
the Department of Law, dated August 28, 1996, transmitting for Council
acceptance one Grant of Easement, more particularly described as
Grant of Easement dated August 13, 1996, executed by
John J Tatar, a single man, to the City of Livonia for
Public Utilities and Surface Drainage Easement:
The West 40 feet of the East 82 feet of the North 233
feet of Lot 330, Supervisor's Livonia Plat No 5, as
recorded in Liber 66, Page 32, Wayne County Records,
said plat being a part of the South 1/2 of the N W 1/4 of
Section 13, T 1 S , R. 9 E , Livonia Township (now City
of Livonia), Wayne County, Michigan (Parcel No 050-
01-0330-003)
the 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
29769
do all other 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 McGee, Taylor, Duggan, Brosnan, Vandersloot, and Laura
NAYS Feenstra
The President declared the resolution adopted
On a motion by Taylor, seconded by McGee, it was
#903-96 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 20, 1996,
submitted pursuant to Council Resolution 361-96, and a communication
from the City Planning Commission, dated March 21, 1996, which sets
forth its resolution 3-37-96, adopted on March 12, 1996, with regard to
Petition 96-2-2-4, submitted by Orchards Children's Services requesting
waiver use approval to operate a child day care center in an existing
building located on the south side of Seven Mile Road between
Canterbury Drive and Mayfield Avenue in the Northeast 1/4 of Section 10,
which property is zoned RUF, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition 96-
2-2-4 is hereby approved and granted, subject to the following conditions
1 That the Site Plan dated February 8, 1996, prepared by David C
Adams & Son, Registered Land Surveyors, Inc., which is hereby
approved, shall be adhered to,
2 That the dumpster on site will be located on the west side of the
property;
3 That an exchange of 60' Seven Mile Road right-of-way be provided
for the City installing a sidewalk, and
4 That this approval is subject to the Inspection Department verifying
compliance with the conditions referred to in a letter dated April 26,
1996, from the Inspection Department.
A roll call vote was taken on the foregoing resolution with the following result:
AYES McGee, Taylor, Duggan, Feenstra, Brosnan, and Vandersloot.
NAYS Laura
The President declared the resolution adopted
29770
Michael Badrak, 31765 Seven Mile, addressed the foregoing matter and stated
his concern regarding the bushes on the east property line He stated he wanted more
privacy; he wanted a fence
The petitioner, Carmine DeVivo, responded to this matter
Lillian Badrak, 31765 Seven Mile, stated that Orchards Children's Services had
not been fair with them
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#904-96 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September 10,
1996, submitted pursuant to Council Resolution 534-95, regarding the
subject of the feasibility of adding charges such as unpaid ambulance
bills, building inspection fees and hazardous materials response costs to
residents' tax bills as a lien against their property, the Council does
hereby request that the Mayor correspond with Karoub & Associates, as
well as State Senator R. Robert Geake, State Representative Lyn Bankes
and State Representative Gerald Law requesting the sponsoring of new
legislation to allow cities to add charges such as unpaid ambulance bills,
building inspection fees and hazardous materials response costs to
residents' tax bills, FURTHER, the Council does hereby direct that this
subject remain in the Legislative Committee for monitoring purposes
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#905-96 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September 10,
1996, submitted pursuant to Council Resolution 534-95, regarding the
subject of the feasibility of adding charges such as unpaid ambulance
bills, building inspection fees and hazardous materials response costs to
residents' tax bills as a lien against their property, the Council does
hereby request that the Mayor direct an inquiry to the Michigan Municipal
League to ascertain why the League will not take a position on House Bill
4159
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#906-96 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September 10,
1996, submitted pursuant to Council Resolution 455-96, the Council does,
29771
in accordance with Section 23 01(a) of Zoning Ordinance 543, hereby
request that the City Planning Commission conduct a public hearing and
thereafter submit its report and recommendation on the question of
whether Section 31 03 of Article XXXI of the Zoning Ordinance should be
two amended to specify that the camping permitted in Section 31 03(a)(4)
shall be day camping only
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#907-96 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September 10,
1996, submitted pursuant to Council Resolution 455-96, the Council
hereby requests that the Department of Public Works install signs within
sixty (60) days in all Nature Preserves districts setting forth the provisions
of Section 31 04 of Article XXXI of the Zoning Ordinance (Uses
Prohibited), together with the boundary outlines of each park.
Communications from the Department of Law, dated August 5, 1996, re
Legal Opinion 96-6 (Audience Communication practices utilized by Ann Arbor and
Farmington Hills) and Legal Opinion 96-7 (the number of times a person may speak
during Audience Communication) were received and placed on file for the information
of the Council (CR 744-96)
A revised communication from the City Clerk, dated July 18, 1996, re
administrative response to CR 448-96 - compliance with notification procedures as
outlined in the Open Meetings Act -was received and placed on file for the information
of the Council
A communication from the Department of Law, dated September 12,
1996, re the subject of Waste Management rebates was received and placed on file
for the information of the Council (CR 640-94)
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
29772
#908-96 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
September 17, 1996, submitted pursuant to Council Resolution 640-94,
and a communication from the Mayor, dated September 16, 1996, to
which is attached a report and recommendation from the Director of
Public Works, dated September 11, 1996, which bears the signature of
the Director of Finance, with regard to the award of a solid
waste/recycling contract, the Council does hereby accept the proposal of
Waste Management of Michigan, Inc., 19200 West Eight Mile Road,
Southfield, Michigan 48075, to perform solid waste collection and
disposal services for the City of Livonia for a three-year period
commencing October 1, 1996, through November 30, 1999, in the amount
of $12,280,965 00, the Council having determined to accept such
proposal in lieu of the low quote for the reasons outlined in the
aforementioned report and recommendation, and the Director of Public
Works, the Director of Finance and the City Attorney are hereby
authorized to negotiate a contract between Waste Management of
Michigan, Inc. and the City pursuant to the proposal and all related
documents in the Request for Proposal, which contract shall include
Alternate IV (expansion of curbside recyclables) and the transfer,
transportation and composting of leaves deposited at the landfill site, the
same to be thereafter submitted to Council for its approval prior to
execution of the contract, FURTHER, the Council does hereby authorize
the Director of Public Works to implement and operate under the
provisions of the proposal submitted by Waste Management of Michigan,
Inc. until such time as the new agreement is executed
Mayor Kirksey spoke in favor of the foregoing matter, and recognized former
Mayor Bennett, who was present in the audience
Additionally, Robert Snyder, 16774 Ronnie Lane, indicated his opposition at not
having accepted the low quote in this matter (BFI)
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#909-96 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
September 17, 1996, submitted pursuant to Council Resolution 640-94,
and a communication from the Mayor, dated September 16, 1996, to
which is attached a report and recommendation from the Director of
Public Works, dated September 11, 1996, which bears the signature of
the Director of Finance, with regard to the award of a solid waste/
recycling contract, the Council does hereby determine to take no further
action with respect to the proposed extension of the existing solid
waste/recycling services contract.
29773
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#910-96 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
September 17, 1996, submitted pursuant to Council Resolution 640-
94, and a communication from the Mayor, dated September 16, 1996,
to which is attached a report and recommendation from the Director of
Public Works, dated September 11, 1996, which bears the signature of
the Director of Finance, with regard to the award of a solid
waste/recycling contract, the Council does hereby refer the subject of
the phasing out of grass clippings pickup as soon as possible, but
certainly by the end of the three-year (1999) contract to the
Department of Public Works for a report and recommendation
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#911-96 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
September 17, 1996, submitted pursuant to Council Resolution 640-94,
and a report and recommendation of the Department of Law, dated
September 12, 1996, with respect to monies to be paid by Waste
Management of Michigan, Inc. to reimburse the City, which rebate
represents a reduction of rates to match the contractor's best price, the
Council does hereby approve and accept the rebate of $685,000 00 from
Waste Management of Michigan, Inc. as full reimbursement to the City for
the period of July 1, 1995, through September 30, 1996, with respect to
the reduction of rates required by the existing contract between the City
and Waste Management of Michigan, Inc., said amount to be paid in two
(2) installments, $350,000 00 by October 18, 1996, and the balance by
March 18, 1997, with interest accruing at 6% per annum until paid in full
Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 96-3-1-6)
29774
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
Duggan gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 96-3-1-7)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Feenstra gave first reading to the following Ordinance
tio AN ORDINANCE AMENDING SUBSECTION (4) OF
SECTION 2 10 OF ARTICLE II OF ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE" (Petition 96-2-6-2)
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
Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 7 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO (Petition 96-6-1-13)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
Office of the City Clerk and is the same as if word for word repeated herein The above
Ordinance was placed on the table for consideration at the next regular meeting
Taylor gave first reading to the following Ordinance
29775
AN ORDINANCE AMENDING SECTION 4 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 96-5-1-9)
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
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#912-96 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 22, 1996, which
bears the signature of the Finance Director, is approved by the
Director of Public Works, and is approved for submission by the
Mayor, the Council does hereby accept the unit price bid of T H B
Building & Development Co , Inc., 46135 Van Dyke, Utica, Michigan
48317, for completing all work in connection with the 1996 Water
Main Crossings Replacement Program (Contract 96-N) for the
estimated total cost of$111,100 00, based upon the Engineering
Department's estimate of units involved, and subject to a final
payment based upon the actual units completed in accordance with
the unit prices accepted herein, said estimated cost and unit prices
having been in fact the lowest and only bid received and meets
specifications for this item, FURTHER, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$111,100 00 from Account No 592---/158-031 (Construction-in-
Progress Water Main Replacement) for this purpose, and the City
Engineer is hereby authorized to approve minor adjustments in the
work as it becomes necessary; and the Mayor and City Clerk are
hereby authorized to execute a contract for and on behalf of the City
of Livonia with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution
On a motion by Feenstra, seconded by Brosnan, and unanimously
adopted, it was
#913-96 RESOLVED, that having considered a communication from
irw the City Assessor, dated August 19, 1996, approved for submission by
the Mayor, with regard to a request from Frank Tima, Jr of Livonia Home
Improvement, 27790 Joy Road, Livonia, Michigan 48150, and Mr and
29776
Mrs Brian Morris, 8908 Deering, Livonia, Michigan 48150, and in
accordance with the provisions of 1967 PA 288, as amended, as well as
Section 18 46 of Ordinance 543, as amended, the Council does hereby
approve of the proposed division and combination of Tax Item Nos 46
144 01 0005 000, 46 144 99 0072 000 and 46 144 99 0073 001, into two
parcels, the legal descriptions of which shall read as follows
PARCEL A.
That part of the East 1/2 of the Southeast 1/4 of Section 36, Town 1
South, Range 9 East, described as
Beginning at a point on the South line of Section 36, distant North 89
degrees 41 minutes West 1227 11 feet from the Southeast corner of
Section 36 and proceeding thence North 89 degrees 41 minutes West
along said line 100 00 feet, thence North 0 degrees 04 minutes 40
seconds East 385 00 feet, thence South 89 degrees 41 minutes East
100 00 feet; thence South 0 degrees 04 minutes 40 seconds West 385 00
feet to the Point of Beginning, except the South 60 00 feet thereof, also
except the North 50 feet thereof
PARCEL B.
That part of the West 1/2 of the Southeast 1/4 of Section 36, Town 1
South, Range 9 East, described as
Lot 5, Plat of"Joy Road Cozy Homesites", according to the plat thereof as
recorded in Liber 69 of Plats, Page 7 of Wayne County Records
Contains 0 1148 acres, more or less Subject to easements of record
Also, land situated in Livonia Township (now City of Livonia), Wayne
County, Michigan, being a part of the East 1/2 of the Southeast 1/4 of
Section 36, Town 1 South, Range 9 East, further described as The North
50 feet of the South 435 feet of the West 100 feet of the East 1/2 of the
Southeast 1/4 of Section 36 Contains 0 1148 acres, more or less
Subject to easements of record Also, the North 50 feet of a parcel
described as commencing at the Southeast corner of Section 36, thence
North 89 degrees 41 feet 00 seconds West, 1227 11 feet along the South
line of Section 36 (centerline of Joy Road) for a point of beginning, thence
continuing North 89 degrees 41 feet 00 seconds West, 100 00 feet along
the South line of Section 36 (centerline of Joy Road), thence North 00
degrees 04 minutes 40 seconds East, 385 00 feet along the West line of
the East 1/2 of the Southeast 1/4 of Section 36, thence South 89 degrees
41 minutes 00 seconds East, 100 00 feet, thence South 00 degrees 04
minutes 40 seconds West, 385 00 feet to the point of beginning
Contains 0 1148 acres, more or less Subject to easements of record
The net acreage being 0 2296 acres, more or less The total combined
acreage being 0 3444 acres, more or less
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested
29777
to cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds, provided, however, that to the
extent required by law and City ordinance, the action herein is made
subject to the approval of the Zoning Board of Appeals
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was
#914-96 RESOLVED, that having considered a communication from
the City Assessor, dated September 9, 1996, approved for submission by
the Mayor, with regard to a request from Sam Baki, 27540 Michigan,
Inkster, Michigan 48141, and in accordance with the provisions of 1967
PA 288, as amended, as well as Section 18 46 of Ordinance 543, as
amended, the Council does hereby approve of the proposed division and
combination of Tax Item Nos 46 019 01 0037 000, 46 019 01 0038 000
and 46 019 01 0039 000, into four parcels, the legal descriptions of which
shall read as follows
PARCEL 1.
The North 85 00 feet of Lot 37 and the West 27 98 feet of the North 85 00
feet of Lot 38, Fitzgerald Gardens Subdivision, T1 S, R9E, L68, P95,
WCR.
PARCEL 2.
The South 115 00 feet of Lot 37, also the West 27 98 feet of the South
115 00 feet of Lot 38, Fitzgerald Gardens Subdivision, T1 S, R9E, L68,
P95, WCR.
PARCEL 3.
The East 72.02 feet of Lot 38 and the West 13 06 feet of Lot 39,
Fitzgerald Gardens Subdivision, T1 S, R9E, L68, P95, WCR.
PARCEL 4.
The East 85 00 feet of Lot 39, Fitzgerald Gardens Subdivision, T1 S, R9E,
L68, P95, WCR.
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference, and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was
#915-96 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
29778
dated September 4, 1996, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, with regard to a
request from the City of Westland to connect the sanitary sewer from the
City of Westland's CSO Area 10 to the City of Livonia 60" diameter sewer
on Merriman Road, south of Joy Road (Merriman Road Interceptor), the
Council does hereby authorize the Director of Public Works and the City
Attorney to develop an agreement for joint use of this sewer subject to the
final approval of this Council and the Westland City Council, which
agreement shall contain, but shall not be limited to, the following
provisions
1 Livonia will retain ownership and maintenance responsibility for the
60" diameter sewer;
2 Westland will pay Livonia an annual maintenance fee, to be
described in the agreement, based on the proration of cost
described in paragraph 5,
3 Future repairs and/or rehabilitation of the sewer from Joy Road
south to the outlet will be shared by both communities on the
proration of cost basis,
4 Each community must maintain continuous sewer flow monitoring
to quantify flows from each city and to maintain each community's
flow certification to Wayne County and the Michigan Department of
Environmental Quality; and
5 The proration of cost will be based on measured flows from each
city's sanitary sewer system The actual method of flow
determination will be described in the agreement.
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#916-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 4, 1996, which transmits
its resolution 8-157-96, adopted on August 27, 1996, with regard to a
Sign Permit Application submitted by First Federal of Michigan requesting
approval to erect a ground sign for the bank located at 37077 Six Mile
Road in the Northwest 1/4 of Section 17, the Council does hereby concur
in the recommendation of the Planning Commission and approve the said
sign permit application, subject to the condition that the sign plan dated
June 6, 1996, prepared by Brilliant Electric Sign Co , Ltd , is hereby
approved and shall be adhered to
29779
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#917-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 4, 1996, which transmits
its resolution 8-154-96, adopted on August 27, 1996, with regard to
Petition 96-8-8-14 submitted by DiComo Associates, on behalf of V I P
Floor Covering, requesting site plan approval in connection with a
proposal to construct a warehouse addition to the commercial building
located at 29155 Plymouth Road in the Northwest 1/4 of Section 36,
pursuant to the provisions set forth in Section 18 47 of Ordinance No
543, as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 96-8-8-14 is hereby approved
and granted, subject to the following conditions
1 That the Site Plan marked Sheet A-1 dated August 26, 1996,
prepared by DiComo Associates, Inc., Architects, is hereby
approved and shall be adhered to,
2 That the Building Elevation Plan as received by the Planning
Commission on August 27, 1996, marked Sheet A-2 prepared by
DiComo Associates, Inc., Architects, is hereby approved and shall
be adhered to, except that the overhead door fronting on Plymouth
Road is to be enclosed and replaced with a window arrangement in
consultation with the Planning Staff;
3 That the conditions set forth in the Zoning Board of Appeals
Resolution #9609-121 dated August 23, 1996, shall be adhered to,
4 That there will be no neon displays included in the new window;
and
5 That the entire building shall be painted upon completion of the
new construction
On a motion by McGee, seconded by Vandersloot, and unanimously
adopted, it was
#918-96 WHEREAS, older established communities are increasingly
facing the problem of how to revitalize their aging business or downtown
districts, and
WHEREAS, House Bill 4821 would allow up to fifty (50) additional tavern
liquor licenses to be issued for full-service restaurants located in DDAs,
TIFAs and shopping center districts, and
29780
WHEREAS, the City of Livonia has established such a district through its
Plymouth Road Development Authority and the efforts to enhance the
viability of this district would be greatly furthered by having additional
tavern licenses available,
WHEREAS, House Bill 4821 promotes the important goal of fostering
economic growth in communities across the state,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia hereby urges our elected representatives to support the above-
mentioned legislation
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor Engler, State Senator R. Robert Geake, State Representative
Lyn Bankes, State Representative Gerald Law, the MML State and
Federal Affairs Division, the Conference of Western Wayne, and the
Plymouth Road Development Authority
On a motion by Feenstra, seconded by Taylor, it was
#919-96 RESOLVED, that having considered a letter from Thomas
Guastello, dated September 9, 1996, regarding Thomas Guastello v City
of Livonia, Wayne County Circuit Court Case No 95-531075-CE, and a
proposed consent judgment previously submitted to the Council by the
City Attorney, the Council does hereby authorize the City Attorney, for
and on behalf of the City of Livonia, to execute a Stipulation and Consent
Judgment (as previously proposed) which shall provide that the property
located on the east side of Middlebelt Road between Buckingham and
Perth Avenues in the Southwest 1/4 of Section 24 (Petition 95-5-1-8) may
be used for a restaurant use and approve the site plan dated 9117/96,
attached thereto, including a provision that abandonment of said use for a
period exceeding one (1) year shall cause the petitioner or his successors
and assigns to seek City Council approval for any use other than that
allowed in the Office Services zoning classification
A roll call vote was taken on the foregoing resolution with the following result.
AYES Taylor, Duggan, Feenstra, and Laura
NAYS McGee, Brosnan, and Vandersloot.
The President declared the resolution adopted
On a motion by Feenstra, seconded by Brosnan, it was
RESOLVED, that having considered a communication
from the City Planning Commission, dated August 28, 1996, which
transmits its resolution 8-155-96 adopted on August 27, 1996, with
29781
regard to revised elevation plans in connection with Petition 92-10-2-
39 submitted by J Alexander Kirk on behalf of Rio Bravo Cantina,
requesting approval of same for the restaurant located at 19265
Victor Parkway in the Southeast 1/4 of Section 6, pursuant to the
provisions set forth in Section 18 47 of Ordinance No 543, as
amended, the Council does hereby refer this matter to the Committee
of the Whole for its report and recommendation
On a motion by McGee, seconded by Vandersloot, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution to approve the revised elevation plans with various
conditions and minus the exterior neon
McGee and Vandersloot withdrew their motions to substitute
On a motion by Taylor, seconded by McGee, it was
RESOLVED, that the Council does hereby determine to
substitute a resolution to approve the revised elevation plans with various
conditions, as well as approving the exterior neon subject to approval by
the Zoning Board of Appeals
A roll call vote was taken on the motion to substitute as follows
AYES McGee, Taylor, Duggan, Brosnan, and Vandersloot.
NAYS Feenstra and Laura.
The President declared the motion to substitute adopted
On a motion by Taylor, seconded by McGee, it was
#920-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 28, 1996, which transmits its
resolution 8-155-96 adopted on August 27, 1996, with regard to revised
elevation plans in connection with Petition 92-10-2-39 submitted by J
Alexander Kirk on behalf of Rio Bravo Cantina, requesting approval of
same for the restaurant located at 19265 Victor Parkway in the Southeast
1/4 of Section 6, pursuant to the provisions set forth in Section 18 47 of
Ordinance No 543, as amended, the Council does hereby concur in the
recommendation of the Planning Commission and the revised elevation
plans submitted in connection with Petition 92-10-2-39 are hereby
approved and granted, subject to the following conditions
That the Site Plan marked Sheet Cl dated May 24, 1993, as
revised, prepared by Wolfgang Doerschlag Architects, is hereby
approved and shall be adhered to,
29782
2 That the Building Elevation Plans marked Sheet A6 and A7 dated
August 20, 1996, prepared by Wolfgang Doerschlag Architects, are
hereby approved and shall be adhered to,
3 That the Landscape and Irrigation Plan marked Sheet L1 dated
July 31, 1996, prepared by Manley Land Design, is hereby
approved and shall be adhered to,
4 That the 27 sq. ft. sign as shown on the approved Building
Elevation Plan Sheet A6 is hereby approved and shall be adhered
to, and
5 That the Livonia City Council approves the neon signage, subject
to approval by the Zoning Board of Appeals
A roll call vote was taken on the substitute resolution as follows
AYES McGee, Taylor, Duggan, and Laura.
NAYS Feenstra, Brosnan, and Vandersloot.
The President declared the substitute resolution adopted.
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was.
#921-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 12, 1996, which sets forth its
resolution 7-122-96 adopted on July 9, 1996, with regard to Petition 96-5-
1-8, submitted by Richard W Bame for a change of zoning of property
located on the west side of Beatrice Avenue between Eight Mile Road and
Morlock Avenue in the Northeast 1/4 of Section 2, from M-1 to R-2, and
the Council having conducted a public hearing with regard to this matter
on September 9, 1996, pursuant to Council Resolution 696-96, the
Council does hereby approve Petition 96-5-1-8 for preparation of the
ordinance for submission to Council, 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.
LOn a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
29783
#922-96 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 12, 1996, which sets forth its
resolution 7-124-96 adopted on July 9, 1996, with regard to Petition 96-5-
1-10, submitted by John DelSignore for a change of zoning of property
located north of Schoolcraft Road between Eckles Road and the 1-96
Expressway in the Southwest 1/4 of Section 19, from R-1 to C-2, and the
Council having conducted a public hearing with regard to this matter on
September 9, 1996, pursuant to Council Resolution 696-96, the Council
does hereby approve Petition 96-5-1-10 for preparation of the ordinance
for submission to Council, and the City Planner is hereby instructed to
cause the necessary map for publication to be prepared indicating the
zoning change herein approved and to furnish the same to the
Department of Law and, upon receipt of such map, the Department of Law
is requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#923-96 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City of
Livonia and comprised of an area of approximately 2 01 acres lying in the
Northeast 1/4 of Section 29, more particularly described in Exhibit A,
attached hereto and incorporated by reference herein, which area is
hereinafter referred to as "City of Livonia Industrial Development District
No 62"; and
WHEREAS, written notice has been given by certified mail to Elring
Klinger of North America, Inc of the Council's pending action on this
resolution and of its right to a hearing on the establishment of proposed
City of Livonia Industrial Development District No 62; and
WHEREAS, notice has been given to all interested owners, residents
and taxpayers in the Livonia area of a public hearing on the establishment
of the proposed City of Livonia Industrial Development District No 62;
and
WHEREAS, on Monday, September 16, 1996, a public hearing was held
on the establishment of proposed City of Livonia Industrial Development
District No 62, at which time Elring Klinger of North America, Inc. and
other taxpayers and residents of the City of Livonia had an opportunity to
be heard (a copy of the statements both written and oral made at such
hearing being on file with this City Council), and a representative of Elring
29784
Klinger of North America, Inc attended said hearing and acknowledged
receipt of notice of such hearing on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
2 Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No 62 "
EXHIBIT A
That part of the Northeast 1/4 of Section 29, T 1S , R.9E , City of Livonia,
Wayne County, Michigan, described as beginning at a point distant S
0°35'41" W , 2099 07 feet and N 89°53'22" E , 763 25 feet from the North
1/4 corner of Section 29; proceeding thence N 89°53'22" E , 198 90 feet;
thence S 0°06'38" E., 457 64 feet, thence northwesterly on a curve
concave to the north, having a radius of 3819 83 feet, 202 16 feet along
the arc; thence N. 0°06'38" W , 421 62 feet to the point of beginning
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was:
#924-96 RESOLVED, that having considered a communication from
the Department of Law, dated August 29, 1996, submitted pursuant to
Council Resolution 718-96, transmitting for Council acceptance a
Warranty Deed dated August 22, 1996, executed by Thelma N Messing,
Trustee, conveying to the City certain property described as follows.
Commencing at the Southeast corner of Section 4, T 1 S , R. 9 E.,
City of Livonia, Wayne County, Michigan, running thence North
00°00'50" West along the East line of Section 4, a distance of
825 00 feet for a place of beginning, running thence South
89°57'10" West 276 20 feet; thence North 00°00'50" West 75 feet;
thence North 89°57'10" East 276 20 feet to the East line of said
Section 4, thence South 00°00'50" East along said East line 75 feet
to the point of beginning Excepting and reserving the East 60 00
feet of the above-described parcel which is to be used for highway
purposes
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Warranty Deed.
29785
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#925-96 RESOLVED, that having considered a communication from
the Department of Law, dated August 30, 1996, submitted pursuant to
Council Resolution 719-96, transmitting for Council acceptance a
Warranty Deed dated August 21, 1996, executed by Richard and Valerie
Persichetti, conveying to the City certain property described as follows
Lots 505 and 506, except the East 27 feet thereof conveyed
for road purposes, Supervisor's Livonia Plat No 9, of part
of the Southeast 1/4 of Section 30, Town 1 South, Range 9
East, Livonia Township (now City of Livonia), Wayne
County, Michigan, as recorded in Liber 66, page 60 of
Plats, Wayne County Records. (11961 and 11971
Newburgh)
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Warranty Deed, 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 fulfill the purpose of this
resolution
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, it was
#926-96 RESOLVED, that having considered a communication from
the Department of Law, dated September 23, 1996, approved by the
Housing Director and the Finance Director and approved for submission
by the Mayor, the Council does hereby authorize the Department of Law
to acquire a portion of the property located at 37630 Plymouth Road,
owned by Dragisa and Zlotna Josifoski, which land is more particularly
described as follows
The North 350 feet of Lot 518, 519, 521, 522, 523, and 524,
Supervisor's Livonia Plat No 9, of part of the Southeast 1/4 of
Section 30, T 1 S , R. 9 E., City of Livonia, County of Wayne,
State of Michigan
subject to the following conditions
1 That the purchase price shall be in the sum of$213,308 02, less
title insurance costs of $368 80 and transfer tax of $1,834 44,
2. That the City of Livonia may pay for any miscellaneous closing
costs in the sum not to exceed $295 22,
29786
3 That the City's portion of the prorated City, County, County Drain,
School and Community College taxes shall be in a sum not to
exceed $3,000 00, and
4 Receipt of a satisfactory Phase I environmental assessment.
BE IT FURTHER RESOLVED, that a sum not to exceed $214,400 00 is
hereby authorized to be expended from Account No 101-267-972-000
(Land Purchase Account) as appropriated in Council Resolution 598-96,
and the Department of Law is hereby requested to prepare and place in
proper form such legal documents as may be necessary to consummate
this transaction, and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution.
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was.
#927-96 RESOLVED, that having considered a communication from
the Department of Law, dated September 23, 1996, approved by the
Housing Director and the Finance Director and approved for submission
by the Mayor, the Council does hereby authorize the Department of Law
to acquire portions of the property located at 37800, 37818, 37820 and
37822 Plymouth Road, owned by Norman Livernois, which land is more
particularly described as follows
The North 350 feet of Lots 525, 526, 527 and 528, Supervisor's
Livonia Plat No 9, of part of the Southeast 1/4 of Section 30, T 1
S , R. 9 E , City of Livonia, County of Wayne, State of Michigan
subject to the following conditions-
1 That the purchase price shall be in the sum of$155,714 65, less
title insurance costs of$290 40 and transfer tax of $1,339 14,
2. That the City of Livonia may pay for any miscellaneous closing
costs in the sum not to exceed $214 89;
3 That the City's portion of the prorated City, County, County Drain,
School and Community College taxes shall be in a sum not to
exceed $2,000 00, and
4 Receipt of a satisfactory Phase I environmental assessment.
BE IT FURTHER RESOLVED, that a sum not to exceed $156,300 00 is
hereby authorized to be expended from Account No 101-267-972-000
(Land Purchase Account) as appropriated in Council Resolution 598-96,
29787
and the Department of Law is hereby requested to prepare and place in
proper form such legal documents as may be necessary to consummate
this transaction, and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#928-96 RESOLVED, that having considered a communication from
the Department of Law, dated September 23, 1996, approved by the
Housing Director and the Finance Director and approved for submission
by the Mayor, the Council does hereby authorize the Department of Law
to acquire a portion of the property located at 37862 Plymouth Road,
owned by Matthew C and Theresa A. Pyle, which land is more
particularly described as follows'
The North 350 feet of Lot 529, Supervisor's Livonia Plat No 9, of
part of the Southeast 1/4 of Section 30, T 1 S , R. 9 E , City of
Livonia, County of Wayne, State of Michigan
subject to the following conditions'
1 That the purchase price shall be in the sum of$41,429 11, less title
insurance costs of $120 00 and transfer tax of $356 29;
2 That the City of Livonia may pay for any miscellaneous closing
costs in the sum not to exceed $147 18;
3 That the City's portion of the prorated City, County, County Drain,
School and Community College taxes shall be in a sum not to
exceed $1,000 00; and
4 Receipt of a satisfactory Phase I environmental assessment.
BE IT FURTHER RESOLVED, that a sum not to exceed $42,100 00 is
hereby authorized to be expended from Account No 101-267-972-000
(Land Purchase Account) as appropriated in Council Resolution 598-96,
and the Department of Law is hereby requested to prepare and place in
proper form such legal documents as may be necessary to consummate
this transaction, and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#929-96 RESOLVED, that having considered a communication from
the Department of Law, dated September 23, 1996, approved by the
29788
Housing Director and the Finance Director and approved for submission
by the Mayor, the Council does hereby authorize the Department of Law
to acquire a portion of the property located at 37690 Plymouth Road,
owned by Pritpal S Sidhu, which land is more particularly described as
follows
The North 350 feet of Lot 520, Supervisor's Livonia Plat No 9, of
part of the Southeast 1/4 of Section 30, T 1 S , R. 9 E , City of
Livonia, County of Wayne, State of Michigan
subject to the following conditions.
1 That the purchase price shall be in the sum of $35,058 87, less title
insurance costs of $120 00 and transfer tax of $301 50;
2 That the City of Livonia may pay for any miscellaneous closing
costs in the sum not to exceed $162 63,
3 That the City's portion of the prorated City, County, County Drain,
School and Community College taxes shall be in a sum not to
exceed $1,500 00; and
4 Receipt of a satisfactory Phase I environmental assessment.
BE IT FURTHER RESOLVED, that a sum not to exceed $36,300 00 is
hereby authorized to be expended from Account No 101-267-972-000
(Land Purchase Account) as appropriated in Council Resolution 598-96,
and the Department of Law is hereby requested to prepare and place in
proper form such legal documents as may be necessary to consummate
this transaction, and the City Clerk is hereby requested to do all things
necessary or incidental to the full performance of this resolution
On a motion by Feenstra, seconded by Taylor, and unanimously adopted,
it was.
#930-96 RESOLVED, that having considered a communication from
the Department of Law, dated September 4, 1996, transmitting for Council
acceptance two Grants of Easement, more particularly described as
Grants of Easement dated May 13, 1996, executed by M. P Cullen,
Director of Worldwide Real Estate for the General Motors Corporation, to
the City of Livonia, for
Sanitary Sewer:
A twelve (12) foot wide easement for sanitary sewer, the centerline of said
easement being more particularly described as follows.
29789
Part of the S W 1/4 of Section 25, T 1 S , R. 9 E , City of Livonia, Wayne
County, Michigan, described as beginning at a point distant S 0°33'50"
East along the West line of said Section 25, 833 75 feet and S 89°38'20"
East, 257 00 feet from the West 1/4 corner of Section 25 to the point of
beginning of the centerline of said twelve (12) foot wide easement, thence
S 0°33'50" East, 457 66 feet; thence S 44°35'28" East, 61 89 feet to the
point of ending of said easement centerline (Part of 099-99-0001-001)
AND
Storm Sewer:
That part of the S W 1/4 of Section 25, T 1 S , R. 9 E., City of Livonia,
Wayne County, Michigan, beginning S 00°33'50" W , 583 78 feet and S
89°38'20" E , 67 35 feet and S 04°35'45" W , 39 78 feet from the West
1/4 corner of Section 25, proceeding thence S 81°08'47" E , 33 73 feet;
thence S 70°17'20" E , 79 55 feet; thence S 89°3820" E , 43 73 feet;
thence S 00°33'50" W , 19 00 feet; thence N 89°38'20" W , 45 52 feet;
thence N 00°33'50" E , 6 90 feet; thence N 70°17'20" W , 50 81 feet;
thence S 00°33'50" W , 23 74 feet; thence N 89°38'20" W , 12 00 feet;
thence N 00°33'50" E., 27 95 feet; thence N 70°17'20" W , 17 23 feet,
thence N 81°08'47" W , 31 69 feet; thence N 04°35'45" E , 12 03 feet to
the point of beginning. (Sidwell No 099-99-0005-001)
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grants of Easement and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution.
On a motion by Brosnan, seconded by Duggan, and unanimously
adopted, it was
#931-96 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 380
for a proposed street improvement consisting of a 28 foot wide full-depth
asphalt pavement with mountable asphalt curbs (Alternate Ill) on Savoie
and Grove, south of Six Mile Road and east of Middlebelt Road, in the
Northwest 1/4 of Section 13, in the City of Livonia, Wayne County,
Michigan, as required by the provisions of the City Charter and Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, a public
hearing thereafter having been held thereon on Wednesday, March 20,
1996, at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and
the City Council having duly met and reviewed the special assessments
levied on the revised special assessment roll as prepared by the City
Assessor to cover the district portion of the cost of the street improvement
to be constructed in Special Assessment District No 380; and
29790
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments set
forth in said revised Special Assessment Roll dated April 4, 1996,
in the amount of $247,723 59, are fair and equitable and based
upon benefits to be derived by construction of improvements
proposed in said district in accordance with the plans of the City
Engineer and resolutions of the City Council,
(2) Said revised Special Assessment Roll No 380 is hereby approved
and confirmed in all respects, effective May 22, 1996,
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent per
annum on the unpaid balance of the assessment from December 1,
1997 Said interest shall be payable on each installment due date,
provided, however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said special
assessment roll, said rate of interest shall be not more than 1%
above the average rate of interest borne by said bonds In such
cases where the installments will be less than Ten Dollars
($10 00), the number of installments shall be reduced so that each
installment shall be above and as near Ten Dollars ($10 00) as
possible The first installment shall be due and payable December
1, 1997, and subsequent installments on December 1st of
succeeding years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date
of confirmation on the assessment roll, and the said revised
assessment roll shall then be immediately transmitted to the City
Treasurer who shall then publish notice as is required by Section
3 08 190 of the Livonia Code of Ordinances, as amended, and mail
assessment statements to the respective property owners
assessed in the manner and substance as provided by said
Section 3 08 190 Any property owner assessed may pay the
whole or any part of the assessment without interest or penalty up
to December 1, 1997,
(5) The first installment shall be spread upon the 1997 City tax roll in
the manner required by Section 3 08.210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1997, and thereafter one (1)
installment shall be spread upon each annual tax roll together with
29791
one (1) year's interest upon all unpaid installments, provided,
however, that when any annual installment shall have been
prepaid in the manner provided in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 3 08 200, or after the expiration of
the sixty (60) day period as provided by Section 3 08 220 then
there shall be spread upon the tax roll for such year only the
interest for all unpaid installments, and
(6) The City Council does hereby determine to pay 15% of the paving
costs ($44,244 65), the cost of the reduction in assessable footage
for 29127 Grove ($2,996 09), and 100% of drainage costs
($80,500 00) for a total amount of $127,740 74
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#932-96 RESOLVED, that having considered a communication from
the City Treasurer, dated September 20, 1996, approved for submission
by the Mayor, the Council does hereby amend and revise the following
Council Resolutions so as to change the interest rates from eight (8%)
percent to six (6%) percent effective December 1, 1996, excepting
bonding indebtedness which varies with each bond rate
Council Special Council Special
Resolution Assessment Resolution Assessment
District District
772-85 263 351-86 266
352-86 267 353-86 268
355-86 269 566-86 270
738-86 271 1034-86 273
1108-86 274 327-87 276
328-87 277 331-87 278
332-87 279 334-87 280
336-87 281 424-87 282
425-87 283 614-87 285
615-87 286 808-87 287
809-87 288 811-87 289
846-87 290 847-87 291
853-87 292 855-87 293
1213-87 302 351-89 323
512-89 324 566-89 325
702-89 326 909-89 327
910-89 328 911-89 329
131-90 332 133-90 333
29792
Council Special Council Special
Resolution Assessment Resolution Assessment
District District
371-90 336 372-90 337
473-90 340 694-90 345
695-90 346 196-91 355
197-91 356 459-91 358
211-92 359 428-92 363
896-92 364 181-93 366
369-94 369 405-94 372
665-94 374
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was
#933-96 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 28, 1996, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept a cash donation in the amount of $60 00 from the Peter
Muller Memorial, FURTHER, the Council does hereby appropriate and
credit the same to Account#702-000-285-215 for use in connection with
the Livonia Youth Assistance Program
On a motion by Taylor, seconded by Brosnan, and unanimously adopted,
it was
#934-96 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 28, 1996, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept a cash grant in the amount of $3,600 00 from the
Target Corporation, the same to be appropriated and credited to Account
#702-000-285-215 for use in connection with the Livonia Youth
Assistance Program.
On a motion by Taylor, seconded by Feenstra, and unanimously adopted,
it was.
#935-96 RESOLVED, that having considered a communication from
the Director of Community Resources, dated August 28, 1996, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
29793
of Livonia, accept a cash donation in the amount of $21 25 from the
Plymouth Community United Way, the same to be appropriated and
credited to Account #702-000-285-215 for use in connection with the
Livonia Youth Assistance Program.
On a motion by Duggan, seconded by Feenstra, and unanimously
adopted, it was
#936-96 RESOLVED, that having considered a communication from
the City Librarian, dated August 30, 1996, which bears the signature of
the Finance Director and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept various cash
donations in the amounts and from the sources indicated therein for use
by the Livonia Public Library as indicated in the aforesaid communication
On a motion by Feenstra, seconded by Vandersloot, and unanimously
adopted, it was
#937-96 RESOLVED, that having considered a letter from the
National League of Cities, dated August 9, 1996, with regard to the
Annual Business Meeting to be held in San Antonio, Texas, on December
7 - 10, 1996, the Council does hereby designate Joe Laura as the Official
Representative and Voting Delegate of the City of Livonia at the Annual
Meeting and does further delegate Gerald Taylor as the alternate, and the
City Clerk is hereby requested to do all things necessary or incidental to
the full performance of this resolution
On a motion by McGee, seconded by Brosnan, and unanimously adopted,
it was.
#938-96 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda.
On a motion by Taylor, seconded by Duggan, and unanimously adopted,
it was
#939-96 RESOLVED, that having considered a communication from
the Mayor, dated September 25, 1996, the Council does hereby approve
of and concur in the appointment of John Walsh, 34443 Grove, Livonia,
Michigan 48154, to the City Planning Commission for a term of three
years, which will expire on June 9, 1999, provided that Mr Walsh takes
the oath of office as required in Chapter X, Section 2 of the City Charter,
to be administered by the City Clerk.
29794
Mayor Kirksey congratulated William LaPine upon his retirement from the
Planning Commission, and wished him well in future endeavors
During audience communication, Harry DeNoon, 27432 Long, asked if a
specific public hearing date could be moved up earlier on the calendar (Item 17a)
On a motion by Feenstra, seconded by Duggan, and unanimously
adopted, this 1,329th Regular Meeting of the Council of the City of Livonia was
adjourned at 9.45 p m , September 30, 1996
71(
r. .
oan McCotter, City Clerk