HomeMy WebLinkAboutCOUNCIL MINUTES 1994-08-17 28371
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SEVENTY-EIGHTH
IWP REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On August 17, 1994, 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 04 p m Councilmember Jurcisin delivered the
invocation
Roll was called with the following result Dale A Jurcisin,
Fernon P Feenstra, Michael P McGee, Sean P Kavanagh, Ron Ochala, Laura
M Toy, and Gerald Taylor Absent None
Elected and appointed officials present Robert D Bennett,
Mayor; John Nagy, City Planner; Raul Galindo, City Engineer; Harry
Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A Szymula,
Director of Legislative Affairs; Kevin Roney, Public Utility Manager;
Jeanne Treff, Cable Television Director; Suzanne Wisler, Director of
Community Resources; Ronald Reinke, Superintendent of Parks and Recreation;
Michael Slater, Finance Director; William LaPine, Planning Commission;
Daniel Piercecchi, Planning Commission; Albert Flores, Zoning Board of
Appeals; and Dorothy Wilshaw, Arts Commission
On a motion by Toy, seconded by Kavanagh, and unanimously
adopted, it was
#560-94 RESOLVED, that the minutes of the 1,277th Regular
Meeting of the Council of the City of Livonia, held July 20,
1994, are hereby approved as corrected
The previously adopted resolution, as follows
#535-94 RESOLVED, that with respect to the action taken in
Council Resolution 153-93 in connection with a letter from the
Stevenson High School Safety Committee, dated February 13, 1993,
which submits a proposal to increase the street lighting along
Six Mile Road from Whitby west to Fairlane, wherein the Council
did refer this item to the Streets, Roads & Plats Committee and
the Council/Schools Liaison Committee for their respective
reports and recommendations, the Council does hereby determine to
28372
discharge this item from the said committees for the purpose of
taking further action at this time
was corrected to read as follows
#535-94 RESOLVED, that with respect to the action taken in
Council Resolution 153-93 in connection with a letter from the
Stevenson High School Safety Committee, dated February 13, 1993,
which submits a proposal to increase the street lighting along
Six Mile Road from Whitby west to Fairlane, wherein the Council
did refer this item to the Streets, Roads & Plats Committee for
its report and recommendation, the Council does hereby determine
to discharge this item from the said committee for the purpose of
taking further action at this time
There was no audience communication at the beginning of the
meeting
A communication from the Director of Finance, dated July 20,
1994, re various financial statements of the City of Livonia for the
month ending June 30, 1994, was received and placed on file for the
information of the Council
lim At the direction of the Chair, Items 14 and 15 were removed from
the Consent portion of the Agenda
On a motion by Feenstra, seconded by Kavanagh, it was
#561-94 RESOLVED, that having considered an application from
Gisele T Sidor, 36026 Dover, dated July 6, 1994, requesting
permission to close that portion of Dover Street between Linville
and Crown, on Saturday, August 27, 1994, from 10 00 a m to 10 00
p m for the purpose of conducting a block party, the Council
does hereby grant permission as requested, including therein
permission to conduct the said affair on August 28, 1994, in the
event of inclement weather, the action taken herein being made
subject to the approval of the Police Department
#562-94 RESOLVED, that having considered an application from
Julie DuPuis, 9912 Hubbard, dated July 19, 1994, requesting
permission to close that portion of Hubbard between Elmira and
Orangelawn on Saturday, August 27, 1994, from 2 00 p m to 10 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
28373
#563-94 RESOLVED, that having considered an application from
Michael and Kathleen Bruno, 14050 Hubbard, dated July 25, 1994,
requesting permission to close that portion of Hubbard between
Scone and Perth on Saturday, September 10, 1994, from 1 00 p m
to 6 30 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
#564-94 RESOLVED, that having considered an application from
Debbie Koch, 15682 Edgewood, dated July 19, 1994, requesting
permission to close that portion of Edgewood Street from Ellen
Drive to Ellen Drive on Saturday, September 10, 1994, from 2 00
p m to 10 00 p m for the purpose of conducting a block party,
the Council does hereby grant permission as requested, including
therein permission to conduct the said affair on September 11,
1994, in the event of inclement weather, the action taken herein
being made subject to the approval of the Police Department
#565-94 RESOLVED, that having considered an application from
Janice A Ferraro, 33084 Myrna Court, dated August 3, 1994,
requesting permission to close the north end of Woodring at
Hampshire on Saturday, August 20, 1994, from 12 00 p m to 10 00
p m for the purpose of conducting a block party, the Council
does hereby grant permission as requested, including therein
permission to conduct the said affair on August 21, 1994, in the
event of inclement weather, the action taken herein being made
subject to the approval of the Police Department
#566-94 RESOLVED, that having considered a letter from Susan
Downs, Representative of the Woodbrooke Homeowners Association,
dated July 19, 1994, wherein it is requested that sidewalks be
installed on the west side of Gill Road between Seven Mile and
Eight Mile Roads to fill in gaps that currently exist, the
Council does hereby request that the Engineering Department
submit its report and recommendation with respect to completing
the work requested in accordance with procedures set forth in
Section 12 04 340, et seq (Single Lot Assessment) of the
Livonia Code of Ordinances
A communication from the Traffic Commission, dated March 10,
1994, re a proposal to prohibit left turns for northbound and southbound
traffic on Newburgh Road at Ann Arbor Road was received and placed on file
for the information of the Council (CR 962-93)
#567-94 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated July 8, 1994, 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 Goggin & Associates, Inc , 15783 U S 12, Union, Michigan
49130, for supplying the Fire Division with one new emergency
28374
medical vehicle for a total price of $79,221 00, the same having
been in fact the lowest bid received which meets specifications;
and the bid submitted by First Response, Inc is hereby rejected
for the reasons set forth in the aforesaid communication
#568-94 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated July 21, 1994, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, to which is attached a proposed software
maintenance agreement between Digital Equipment Corporation and
the City of Livonia, wherein the Digital Equipment Corporation
would provide a high level technical support plan for the Livonia
Police Department computer system for the sum of $16, 100 00, the
Council does hereby approve this agreement and authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia,
to affix their signatures to such contract, as well as to do all
other things necessary or incidental to the full performance of
this resolution; and the Council does hereby authorize the said
item without competitive bidding in accordance with Section
3 04 140 D4 of the Livonia Code of Ordinances, as amended
#569-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 8, 1994, which
bears the signatures of the Finance Director and the City
Attorney, and is approved for submission by the Mayor, the
Council does hereby accept the unit bid price of Nagle Paving
Company, 30630 West Twelve Mile Road, Farmington Hills, Michigan
48334, for the street improvement of Grove, west of Merriman,
with approximately four inches of asphalt over existing roadway
for the estimated total cost of $39, 719 05 based upon the
Engineering Department's estimate of units involved and subject
to a final payment based upon the actual units completed in
accordance with the unit prices accepted herein, said estimated
cost and unit prices having been in fact the lowest bid received
for this item; FURTHER, the Council does hereby authorize an
appropriation in the amount of $39, 719 05 for the Grove Avenue
Paving from the $12 Million General Obligation Road Improvement
Bond Issue with the provisions that (1) the Bond Issue be
reimbursed from that portion of the project which is to be
financed by special assessment at such time as funds are
available from the future special assessment bond issue, and (2)
the Bond Issue be reimbursed for the City' s portion of the
project at such time as funds may be available from the Michigan
Transportation Fund (Local Road Account) ; and the Council does
hereby authorize an increase of 15% in the cost of the
assessments with the City paying for its share as well as the 5%,
over and above the 10% allowed by ordinance, of the special
assessment paving portion ($1, 200 00) ; 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
28375
#570-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 19, 1994,
approved for submission by the Mayor, the Council does hereby
amend Item No 7 of Council Resolution 92-92, adopted on February
5, 1992, so as to reduce the financial assurances now on deposit
with the City for general improvements in the Fargo Woods
Subdivision located in the Northwest 1/4 of Section 2 to
$5, 000 00, of which at least $3, 000 00 shall be in cash; and the
financial assurances now on deposit with the City, if any, shall
be reduced accordingly; FURTHER, all other financial assurances
including the Sidewalk Bond now on deposit with the City shall
remain the same and unchanged
#571-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 28, 1994, which
bears the signatures of the Finance Director and the City
Attorney, and is approved for submission by the Mayor, the
Council does hereby accept the proposal of Kole Property
Investment, Inc , Laurel Park Place, 17370 North Laurel Park
Drive, Livonia, Michigan 48152, to provide real estate services
in connection with the proposed acquisition of Seven Mile Road
right-of-way from Middlebelt to Inkster Road at an hourly rate of
$50 00 and a total sum not to exceed $5, 000 00, the said amount
to be appropriated and authorized to be expended from the
Michigan Transportation Fund (Major Road Account) for this
purpose; and the Council does hereby authorize the action taken
herein in accordance with Section 3 04 140D2 of the Livonia Code
of Ordinances, as amended; and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to
execute an agreement with Kole Property Investment, Inc , as well
as to do all other things necessary or incidental to the full
performance of this resolution
#572-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 5, 1994, which
bears the signature of the Finance Director and is approved for
submission by the Mayor Pro Tem, and which submits a request for
an additional appropriation in connection with the 1992 Sidewalk
Program - Phase II, the Council does hereby determine as follows
1 To authorize an advance in the amount of $9, 000 00 (S A D
portion of program) from the $12 Million General Obligation
Road Improvement Bond Issue with the provision that this
Bond Issue be reimbursed from that portion of the project
which is to be financed by Special Assessment at such time
as funds are subsequently received from the payment of bills
and assessments by affected property owners; and
2 To authorize an appropriation in the amount of $1, 000 00
from the Michigan Transportation Fund (Local Road Account)
to pay for the City' s portion of the contract
28376
#573-94 RESOLVED, that having considered the report and
liw recommendation of the Assistant Planning Director, dated July 18,
1994, approved for submission by the Mayor, and to which is
attached a Holdharmless Contract between the City of Livonia and
First Step for the period August 1, 1994, through July 31, 1995,
the Council does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute the proposed
Holdharmless Contract in the manner and form herein submitted, as
well as to do all other things necessary or incidental to the
full performance of this resolution
#574-94 RESOLVED, that having considered a communication from
the Assistant Planning Director, dated July 25, 1994, approved
for submission by the Mayor, to which is attached a Holdharmless
Contract between the City of Livonia and the Community Commission
on Drug Abuse for the 1994-95 program year, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of
the City of Livonia, to execute the said contract in the manner
and form herein submitted, as well as to do all other things
necessary or incidental to the full performance of this
resolution
#575-94 RESOLVED, that having considered a letter from the
Michigan Municipal League, dated July 20, 1994, with regard to
the 96th Annual Convention of the League to be held in Dearborn,
Michigan, on October 5-7, 1994, the Council does hereby designate
Mayor Robert D Bennett as the Official Representative and Voting
Delegate of the City of Livonia at the annual meeting and does
further designate Councilmember Fernon P Feenstra as the
alternate; and the City Clerk is hereby requested to do all
things necessary or incidental to the full performance of this
resolution
#576-94 RESOLVED, that having considered a report from
Councilmember Michael P McGee, the Council does hereby request
that the Department of Law submit its report and recommendation
with regard to a proposal to adopt an appropriate amendment to
the Livonia Code of Ordinances which would regulate crossbows,
longbows, blow guns and other types of dangerous weapons which
may presently be unregulated
#577-94 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Crucam, Inc ,
dated August 1, 1994, covering new industrial facilities to be
located within City of Livonia Industrial Development District
55;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA
that it determines as follows
1 The City Clerk shall provide copies of the said Application
to the legislative bodies of the governmental units deriving
property taxes from the property which will be affected, as
required by Act 198, P A 1974, as amended
28377
2 The City Clerk shall contact each of the affected taxing
units and, (i) indicate the Council's interest in this
matter, and (ii) assist these taxing units in collecting
such information as may be necessary to determine their
respective opinions on this Application and, (iii) advise
the said taxing units of this Council' s desire to hold a
hearing on this Application on Monday, September 19, 1994,
at 7 00 p m at the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan
3 The Council hereby sets Monday, September 19, 1994, at 7 00
p m at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan, as the date, time and place for
conducting a hearing on said Application
#578-94 RESOLVED, that having considered a communication from
the McDonald' s Corporation, dated August 2, 1994, which in
accordance with the provisions of Section 19 08 of Ordinance 543,
as amended, the Zoning Ordinance, takes an appeal from a
determination made on July 26, 1994, by the City Planning
Commission in its resolution 7-130-94 with regard to Petition
94-6-2-18 submitted by McDonald's Corporation requesting waiver
use approval to construct a full service restaurant with a
drive-up window facility on property located on the east side of
Middlebelt Road between Seven Mile Road and Vassar Avenue in the
Southwest 1/4 of Section 1, which property is zoned C-2, the
Council does hereby designate Wednesday, September 21, 1994, at
8 00 p m as the date and time for conducting a public hearing
with regard to this matter, such hearing to be held at the City
Hall, 33000 Civic Center Drive, Livonia, Michigan; and the City
Clerk is hereby requested to do all things necessary in order to
give proper notice in writing, as well as by the publication of a
notice in the City's official newspaper of such hearing and
the date and place thereof, in compliance with the requirements
set forth in Ordinance 543, as amended, the Zoning Ordinance of
the City of Livonia
#579-94 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, September 21, 1994,
at 8 00 p m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items
(1) Petition 94-4-1-10, submitted by Robert Jacobs of Buddy's
Pizza for a change of zoning of property located south of
Plymouth Road between Farmington and Stark Roads in the
Northeast 1/4 of Section 33, from R-9 to P, the City
Planning Commission in its resolution 7-125-94 having
recommended to the City Council that Petition 94-4-1-10 be
approved;
28378
(2) Petition 94-6-1-12, submitted by Ronald Parz for a change of
zoning of property located on the south side of Plymouth
Road, east of Jarvis Avenue in the Southeast 1/4 of Section
30, from RC to R-1, the City Planning Commission in its
resolution 7-126-94 having recommended to the City Council
that Petition 94-6-1-12 be approved;
(3) Petition 94-6-1-13, submitted by Jerry Brady for a change of
zoning of property located on the south side of Seven Mile
Road between Lathers Avenue and Brentwood Avenue in the
North 1/2 of Section 12, from OS, C-1 and RUF to R-1, the
City Planning Commission in its resolution 7-127-94 having
recommended to the City Council that Petition 94-6-1-13 be
approved; and
(4) Petition 94-6-1-14, submitted by J K L Associates, Inc for
a change of zoning of property located on the north side of
Lyndon Avenue between Bainbridge Avenue and Bredin Court in
the Northwest 1/4 of Section 23, from RUF to R-5, the City
Planning Commission in its resolution 7-129-94 having
recommended to the City Council that Petition 94-6-1-14 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 Jurcisin, Feenstra, McGee, Kavanagh, Ochala, Toy, and
Taylor
NAYS None
Ochala left the podium at 8 11 p m in order to avoid a perceived
impropriety regarding the next two (2) agenda items
IL. On a motion by Feenstra, seconded by Kavanagh, it was
28379
#580-94 RESOLVED, that Soave Building Company, 34822 Pembroke,
Livonia, MI 48152, as proprietors, having requested the City
Council to approve the proposed preliminary plat of the following
subdivision Victor Hill Subdivision, to be located between
Northland and Seven Mile Roads, west of Newburgh Road, in the
Southeast 1/4 of Section 6, City of Livonia, Wayne County,
Michigan, the said proposed preliminary plat being dated June
22, 1994; 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 April 12, 1994; and it
further appearing that such preliminary plat, together with
development plans and specification for improvements therein have
been examined and approved by the Engineering Department as is
set forth in the report of that department dated July 18, 1994;
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;
28380
(6) That the final true plat of the aforesaid subdivision shall
ilo be submitted and must receive the final approval of the City
Council within two (2) years from the effective date of this
resolution; the City Council shall approve final plats of the
aforesaid proposed subdivision if drawn in substantial conformity
with the proposed plat as approved herein, and provided there has
been compliance with all other requirements of State Statue, 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 $13, 000 00 of which at least
$2,500 00 shall be
in cash
B Grading & Soil Erosion $ 500 00 (cash)
iirC Landscaping $ 2, 500 00 (cash)
D Monuments & Lot Markers $ 120 00 (cash)
and require cash payments in the total amount of $891 50
In addition, distribution lines for telephone and electric
services are to be placed underground However, the requirements
for ornamental street lights are to be waived in accordance with
Section 16 24 340 of the Livonia Code of Ordinances, as amended,
for reasons indicated in the aforesaid communication
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, Feenstra, McGee, Kavanagh, Toy, and Taylor
NAYS None
The President declared the resolution adopted
On a motion by Feenstra, seconded by Jurcisin, it was
28381
#581-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 26, 1994,
approved for submission by the Mayor, the Council does hereby
amend Item No 7 of Council Resolution 331-93, adopted on May 5,
1993, as amended by Council Resolution 632-93, so as to reduce
the financial assurances now on deposit with the City for general
improvements to $6,500 00, of which $3, 000 00 shall be in cash,
in the Orangelawn Woods Subdivision, located in the Northeast 1/4
of Section 33, and the financial assurances now on deposit with
the City, if any, shall be reduced accordingly; FURTHER, the
Council does hereby authorize the release to the proprietor of
the Orangelawn Woods Subdivision of the financial assurances
previously deposited with respect to the Survey Monument and Lot
Marker Bond in the amount of $750 00; FURTHER, all other
financial assurances, including the Sidewalk Improvement Bond,
now on deposit with the City shall remain the same and unchanged
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, Feenstra, McGee, Kavanagh, Toy, and Taylor
NAYS None
The President declared the resolution adopted
Ochala returned to the podium at 8 13 p m
The Audit Reports for the City of Livonia, the District Court
Funds of District No 16, the Economic Development Corporation and the
Federal Financial Assistance Programs for the fiscal year ending November
30, 1993, which were completed by Plante & Moran and referred to the
Finance and Insurance Committee (CR 329-94) were received and placed on
file for the information of the Council
McGee gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTION A OF SECTION 080
OF TITLE 13, CHAPTER 04 (GENERAL USE REGULATIONS)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein The above Ordinance was placed on the table for
consideration at the next regular meeting
28382
Jurcisin gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 94-3-3-3)
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
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 94-4-1-9)
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
Ochala gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 94-4-3-5)
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
Ochala gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 090 OF TITLE 16,
CHAPTER 32 (LOT PARTITION) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of
ibe 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
28383
Feenstra took from the table, for second reading and adoption,
lbw the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 13,
CHAPTER 08 (WATER SERVICE RATES AND REVENUES) , AND
SUBSECTIONS D AND E OF SECTION 120 OF TITLE 13,
CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following
result
AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, Toy, and
Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Toy, seconded by Ochala, it was
#582-94 RESOLVED, that having considered a letter from Mr
Donald L Vandersloot, Attorney at Law, dated July 18, 1994,
submitted on behalf of Mr Duane MacDonald, wherein an interest
is expressed in the purchase of certain City-owned property,
being Lots 3 and 4 of Horton's Subdivision, the Council does
hereby refer this item to the Department of Law for its report
and recommendation
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, McGee, Kavanagh, Ochala, Toy, and Taylor
NAYS Feenstra
The President declared the resolution adopted
On a motion by Ochala, seconded by Feenstra, it was
RESOLVED, that having considered a communication from
the City Assessor, dated July 5, 1994, approved for submission by
the Mayor Pro Tem, with regard to a request from Mr Shawn E
Kelley of the Livonia Development Company, 20765 Parker,
Farmington Hills, Michigan 48336, and in accordance with the
ILW 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 46 089 01
0099 000 and 46 089 01 0100 000 into four parcels, the legal
descriptions of which shall read as follows
28384
PARCEL "A" .
Lot 100 except the South 160 ft thereof of B E Taylor's
Green Acres being a Subdivision of part of the North 1/2 of
Section 23, T 1S , R 9E , Livonia Twp (now City of
Livonia) , Wayne County, Michigan, as recorded in Liber 69,
on Page 75 of Plats, W C R Subject to easements and
restrictions of record
PARCEL "B" .
Lot 99 except the South 160 ft thereof of B E Taylor's
Green Acres being a Subdivision of part of the North 1/2 of
Section 23, T 1S , R 9E , Livonia Twp (now City of
Livonia) , Wayne County, Michigan, as recorded in Liber 69,
on Page 75 of Plats, W C R Subject to easements and
restrictions of record
PARCEL "C" .
The North 80 ft of the South 160 ft of Lots 99 and 100 of
B E Taylor's Green Acres being a Subdivision of part of
the North 1/2 of Section 23, T 1S , R 9E , Livonia Twp (now
City of Livonia) , Wayne County, Michigan, as recorded in
Liber 69, on Page 75 of Plats, W C R Subject to easements
and restrictions of record
PARCEL "D" .
The South 80 ft of Lots 99 and 100 of B E Taylor's Green
Acres being a Subdivision of part of the North 1/2 of
Section 23, T 1S , R 9E , Livonia Twp (now City of
Livonia) , Wayne County, Michigan, as recorded in Liber 69,
on Page 75 of Plats, W C R Subject to easements and
restrictions of record
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference; and the City Clerk is hereby
requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds;
provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra, McGee, and Ochala
NAYS Jurcisin, Kavanagh, Toy, and Taylor
The President declared the resolution denied
Lor On a motion by Kavanagh, seconded by Jurcisin, it was
28385
#583-94 RESOLVED, that having considered a communication from
the City Assessor, dated July 5, 1994, approved for submission by
the Mayor Pro Tem, with regard to a request from Mr Shawn E
Kelley of the Livonia Development Company, 20765 Parker,
Farmington Hills, Michigan 48336, and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46
of Ordinance 543, as amended, the Council does hereby determine
to deny the request for dividing and combining Tax Item Nos 46
089 01 0099 000 and 46 089 01 0100 000 into four (4) parcels
since the same would be in violation of the City' s Zoning
Ordinance and law, as well as for the reason that the proposed
lot split would not be consistent with good planning and zoning
practice
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, McGee, Kavanagh, Ochala, Toy, and Taylor
NAYS Feenstra
The President declared the resolution adopted
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was
#584-94 RESOLVED, that having considered a communication from
the City Assessor, dated July 5, 1994, approved for submission by
the Mayor Pro Tem, with regard to a request from Mr Erik Shook
of 16537 Wayne, Livonia, Michigan 48154, and in accordance with
the provisions of 1967 PA 288, as amended, as well as Section
18 46 of Ordinance 543, as amended, the Council does hereby
determine to deny the request for dividing and combining Tax Item
Nos 46 120 03 0051 000 and 46 120 03 0052 000 into three parcels
since the same would be in violation of the City' s Zoning
Ordinance and law, as well as for the reason that the proposed
lot split would not be consistent with good planning and zoning
practice
Ochala left the podium at 8 43 p m in order to avoid a perceived
impropriety regarding the next Agenda item
On a motion by Toy, seconded by Kavanagh, it was
#585-94 RESOLVED, that having considered a communication from
the City Assessor, dated July 22, 1994, approved for submission
by the Mayor, with regard to a request from Mr Leo Soave of
34822 Pembroke, Livonia, Michigan 48152, representing Mr and
Mrs William Short, 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
28386
of Tax Item No 46 007 99 0023 000 into two parcels, the legal
descriptions of which shall read as follows
PARCEL "A" .
Part of the S W 1/4 of Section 2, T 1S , R 9E , City of
Livonia, Wayne County, Michigan, described as Beginning on
the west line of Merriman Court, 60 feet wide, at a point
distant, N 89°59' 55" E 442 50 feet along the south line of
Section 2 and N 0°18' 55" E 1072 50 feet along the center
line of said Merriman Court, and S 89°59' 55" W 30 00 feet
from the southwest corner of said Section 2; thence S
89°59' 55" W 82 50 feet; thence N 0°1855" E 82 50 feet;
thence N 89°59' 55" E 82 50 feet, thence along the west
line of said Merriman Court, S 0°18' 55" W 82 50 feet to
the point of beginning
PARCEL "B" .
Part of the S W 1/4 of Section 2, T 1S R 9E , City of
Livonia, Wayne County, Michigan, described as Beginning on
the west line of Merriman Court, 60 feet wide, at a point
distant, N 89°59' 55" E 442 50 feet along the south line of
Section 2 and N 0°18' 55" E 990 00 feet along the center
line of said Merriman Court, and S 89°59' 55" W 30 00 feet
from the S W corner of said Section 2; thence S 89°59' 55"
W 82 50 feet; thence N 0°18' 55" E 82 50 feet; thence N
89°59' 55" E 82 50 feet; thence along the west line of said
Merriman Court, S 0°18' 55" W 82 50 feet to the point of
beginning
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference; and the City Clerk is hereby
requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds;
provided, however, that to the extent required by law and City
ordinance, the action herein is made subject to the approval of
the Zoning Board of Appeals
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, McGee, Kavanagh, Toy, and Taylor
NAYS Feenstra
The President declared the resolution adopted
Ochala returned to the podium at 8 46 p m
Kavanagh gave first reading to the following Ordinance
AN ORDINANCE AMENDING SUBSECTION A OF SECTION 100
OF TITLE 5, CHAPTER 84 (TAXICABS) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
28387
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 Jurcisin, seconded by Feenstra, it was
WHEREAS, having sufficient law enforcement personnel in
the Patrol Division of the Police Department is of concern to
citizens, residents and property owners in the City of Livonia;
and
WHEREAS, the Council of the City of Livonia has determined that
there is an immediate and pressing need to expand the number of
police officers in the Patrol Division and to provide for their
equipment and training needs; and
WHEREAS, the Council of the City of Livonia has determined that
in order to maintain proper standards of law enforcement
personnel, equipment and training, it is necessary to levy and
collect a tax of 25 mill on all real and personal property
subject to taxation in the City of Livonia, in addition to
amounts previously authorized;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of
Livonia, by a three-fifths (3/5) vote of the members of said
Council and pursuant to the provisions of Section 21 of Act 279
of the Public Acts of Michigan of 1909, as amended, does hereby
propose that the Livonia City Charter be amended by changing
Section 1 in Chapter VIII, which changed section shall read as
follows
Section 1 Power to Tax; Tax Limit The City shall have
the power to annually levy and collect taxes for municipal
purposes, but such levy shall not exceed one-half (1/2) of
one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City;
provided, however, that in addition thereto the City shall
have the power to annually levy and collect taxes each
year, commencing on December 1, 1965, in an amount not to
exceed one-tenth (1/10) of one (1) per centum of the
assessed value of all real and personal property subject to
taxation in the City for the sole and exclusive purpose of
providing additional revenues for police protection and law
enforcement personnel, equipment, supplies and facilities
of the City; provided further, that in addition thereto,
the City shall have the power to annually levy and collect
taxes each year commencing on December 1, 1978 in an amount
not to exceed fifteen one-hundredths (15/100) of one (1)
per centum of the assessed value of all real and personal
property subject to taxation in the City for the sole and
28388
exclusive purpose of providing additional revenues for
fire, police and snow removal personnel, equipment,
supplies and facilities of the City; provided further, that
in addition thereto, the City shall have the power to
annually levy and collect taxes each year commencing on
December 1, 1984 in an amount not to exceed one-tenth
(1/10) of one (1) per centum of the assessed value of all
real and personal property subject to taxation in the City
for the sole and exclusive purpose of providing additional
revenues for library personnel, equipment, supplies and
library facilities of the City; provided further, that in
addition thereto, the City shall have the power to annually
levy and collect taxes each year commencing on December 1,
1990 in an amount not to exceed sixty-three one-thousandths
(63/1000) of one (1) per centum of the assessed value of
all real and personal property subject to taxation in the
City for the sole purpose of defraying City expenses and
liabilities for the collection and disposal activities
required for curbside recycling and yard waste composting
programs; provided further, that in addition thereto, the
City shall have the power to annually levy and collect
taxes each year commencing on December 1, 1994 in an amount
not to exceed twenty-five one-thousandths (25/1000) of one
(1) per centum of the assessed value of all real and
personal property subject to taxation in the City for the
sole and exclusive purpose of providing additional revenues
for adding law enforcement officers in the Patrol Division
of the Police Department of the City and for their
equipment and training needs.
RESOLVED FURTHER, that the provisions of the existing section of
the Charter of the City of Livonia which is altered, abrogated or
affected by this proposal, if adopted, now reads as follows
Section 1 Power to Tax; Tax Limit The City shall have
the power to annually levy and collect taxes for municipal
purposes, but such levy shall not exceed one-half (1/2) of
one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City;
provided, however, that in addition thereto the City shall
have the power to annually levy and collect taxes each
year, commencing on December 1, 1965, in an amount not to
exceed one-tenth (1/10) of one (1) per centum of the
assessed value of all real and personal property subject to
taxation in the City for the sole and exclusive purpose of
providing additional revenues for police protection and law
enforcement personnel, equipment, supplies and facilities
of the City; provided further, that in addition thereto,
the City shall have the power to annually levy and collect
taxes each year commencing on December 1, 1978 in an amount
not to exceed fifteen one-hundredths (15/100) of one (1)
per centum of the assessed value of all real and personal
property subject to taxation in the City for the sole and
exclusive purpose of providing additional revenues for
28389
fire, police and snow removal personnel, equipment,
supplies and facilities of the City; provided further, that
in addition thereto, the City shall have the power to
annually levy and collect taxes each year commencing on
December 1, 1984 in an amount not to exceed one-tenth
(1/10) of one (1) per centum of the assessed value of all
real and personal property subject to taxation in the City
for the sole and exclusive purpose of providing additional
revenues for library personnel, equipment, supplies and
library facilities of the City; provided further, that in
addition thereto, the City shall have the power to annually
levy and collect taxes each year commencing on December 1,
1990 in an amount not to exceed sixty-three one-thousandths
(63/1000) of one (1) per centum of the assessed value of
all real and personal property subject to taxation in the
City for the sole purpose of defraying City expenses and
liabilities for the collection and disposal activities
required for curbside recycling and yard waste composting
programs
RESOLVED FURTHER, that the purpose of the proposed amendment
shall be designated on the ballot as follows
City Charter amendment which authorizes the City to levy and
collect each year commencing on December 1, 1994, an
lis additional tax not to exceed 25 mill for the sole and
exclusive purpose of providing additional revenues for
adding law enforcement officers in the Patrol Division of
the Police Department and for their equipment and training
needs
RESOLVED FURTHER, that the City Clerk shall forthwith transmit a
copy of the proposed amendment to the Governor of the State of
Michigan for his approval and transmit a copy of the foregoing
statement of purpose of such proposed amendment to the Attorney
General of the State of Michigan for his approval as provided by
law
RESOLVED FURTHER, that the proposed Charter amendment shall be
and the same is ordered to be submitted to the qualified electors
of the City at the General Election to be held on November 8,
1994, and the City Clerk is hereby directed to give notice of
election and notice of registration therefor in the manner
prescribed by law and to do all things and to provide all
supplies necessary to submit such proposed Charter amendment to
the vote of the electors as required by law
RESOLVED FURTHER, that the proposed amendment shall be submitted
to electors in the following form, to wit
28390
Are you in favor of authorizing the City to levy and collect each
year commencing on December 1, 1994, an additional tax not to
exceed 25 mill for the sole and exclusive purpose of providing
additional revenues for adding law enforcement officers in the
Patrol Division of the Police Department and for their equipment
and training needs?
Yes /
No /
RESOLVED FURTHER, that the proposed amendment shall be published
in full, together with the existing Charter provisions altered,
abrogated or affected thereby, at least once in the official
newspaper of the City of Livonia at least ten (10) days prior to
said General Election to be held on November 8, 1994
RESOLVED FURTHER, that the City Clerk be and is hereby ordered
and directed to post within the voting booths and in the polling
places in which said election is conducted, a verbatim statement
of said proposed amendment and to post and publish such other
notices or copies of the proposed amendment pertaining to the
submission of said amendment in said election as may be required
by law and to do and perform all necessary acts in connection
with such election as may be required by law
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, Feenstra, McGee, and Taylor
NAYS Kavanagh, Ochala, and Toy
The President declared the resolution denied, as five (5) affirmative votes
were required for adoption
On a motion by Ochala, seconded by Kavanagh, it was
#586-94 RESOLVED, that the Council does hereby request that the
Department of Law prepare an appropriate Charter amendment for
submission to Council which would authorize the levy of an amount
not to exceed 20 mills commencing December 1, 1994, and
effective until December 1, 2004, for the purpose of adding
police officers who shall be assigned to streets and roads duties
in the Patrol Division, and providing for their equipment and
training needs
A roll call vote was taken on the foregoing resolution with the following
result
28391
AYES Jurcisin, McGee, Kavanagh, Ochala, and Taylor
imm NAYS Feenstra and Toy
The President declared the resolution adopted
On a motion by Jurcisin, seconded by McGee, it was
WHEREAS, having sufficient fire stations and fire-
fighting rescue personnel to meet the needs of emergencies in the
City of Livonia is of concern to citizens, residents and property
owners in the City of Livonia, and
WHEREAS, the Council of the City of Livonia has determined that
there is an immediate and pressing need to expand the present
firefighting rescue personnel, and to provide for their equipment
and training, as well as to construct a new fire station in the
City of Livonia; and
WHEREAS, the Council of the City of Livonia has determined that
in order to maintain proper standards of firefighting personnel,
equipment, training and facilities it is necessary to levy and
collect a tax of 10 mill on all real and personal property
subject to taxation in the City of Livonia, in addition to
amounts previously authorized;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of
Livonia, by a three-fifths (3/5) vote of the members of said
Council and pursuant to the provisions of Section 21 of Act 279
of the Public Acts of Michigan of 1909, as amended, does hereby
propose that the Livonia City Charter be amended by changing
Section 1 in Chapter VIII, which changed section shall read as
follows
Section 1. Power to Tax; Tax Limit. The City shall have
the power to annually levy and collect taxes for municipal
purposes, but such levy shall not exceed one-half (1/2) of
one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City;
provided, however, that in addition thereto the City shall
have the power to annually levy and collect taxes each
year, commencing on December 1, 1965, in an amount not to
exceed one-tenth (1/10) of one (1) per centum of the
assessed value of all real and personal property subject to
taxation in the City for the sole and exclusive purpose of
providing additional revenues for police protection and law
enforcement personnel, equipment, supplies and facilities
of the City; provided further, that in addition thereto,
the City shall have the power to annually levy and collect
taxes each year commencing on December 1, 1978 in an amount
not to exceed fifteen one-hundredths (15/100) of one (1)
per centum of the assessed value of all real and personal
property subject to taxation in the City for the sole and
exclusive purpose of providing additional revenues for
28392
fire, police and snow removal personnel, equipment,
supplies and facilities of the City; provided further, that
in addition thereto, the City shall have the power to
annually levy and collect taxes each year commencing on
December 1, 1984 in an amount not to exceed one-tenth
(1/10) of one (1) per centum of the assessed value of all
real and personal property subject to taxation in the City
for the sole and exclusive purpose of providing additional
revenues for library personnel, equipment, supplies and
library facilities of the City; provided further, that in
addition thereto, the City shall have the power to annually
levy and collect taxes each year commencing on December 1,
1990 in an amount not to exceed sixty-three one-thousandths
(63/1000) of one (1) per centum of the assessed value of
all real and personal property subject to taxation in the
City for the sole purpose of defraying City expenses and
liabilities for the collection and disposal activities
required for curbside recycling and yard waste composting
programs; provided further, that in addition thereto, the
City shall have the power to annually levy and collect taxes
each year commencing on December 1, 1994 in an amount not to
exceed one one-hundredth (1/100) of one (1) per centum of
the assessed value of all real and personal property subject
to taxation in the City for the sole and exclusive purpose
of providing additional revenues for new fire station
construction and for adding firefighting personnel and
providing for their equipment and training needs.
RESOLVED FURTHER, that the provisions of the existing section of
the Charter of the City of Livonia which is altered, abrogated or
affected by this proposal, if adopted, now reads as follows
Section 1. Power to Tax; Tax Limit The City shall have
the power to annually levy and collect taxes for municipal
purposes, but such levy shall not exceed one-half (1/2) of
one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City; provided,
however, that in addition thereto the City shall have the
power to annually levy and collect taxes each year,
commencing on December 1, 1965, in an amount not to exceed
one-tenth (1/10) of one (1) per centum of the assessed value
of all real and personal property subject to taxation in the
City for the sole and exclusive purpose of providing
additional revenues for police protection and law
enforcement personnel, equipment, supplies and facilities
of the City; provided further, that in addition thereto,
the City shall have the power to annually levy and collect
taxes each year commencing on December 1, 1978 in an amount
not to exceed fifteen one-hundredths (15/100) of one (1)
per centum of the assessed value of all real and personal
property subject to taxation in the City for the sole and
exclusive purpose of providing additional revenues for
fire, police and snow removal personnel, equipment,
supplies and facilities of the City; provided further, that
28393
in addition thereto, the City shall have the power to
annually levy and collect taxes each year commencing on
December 1, 1984 in an amount not to exceed one-tenth (1/10)
of one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City for the
sole and exclusive purpose of providing additional revenues
for library personnel, equipment, supplies and library
facilities of the City; provided further, that in addition
thereto, the City shall have the power to annually levy and
collect taxes each year commencing on December 1, 1990 in an
amount not to exceed sixty-three one-thousandths (63/1000)
of one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City for the
sole purpose of defraying City expenses and liabilities for
the collection and disposal activities required for curbside
recycling and yard waste composting programs
RESOLVED FURTHER, that the purpose of the proposed amendment
shall be designated on the ballot as follows
City Charter amendment which authorizes the City to levy and
collect each year commencing on December 1, 1994, an
additional tax not to exceed 10 mill for the sole and
exclusive purpose of providing additional revenues for
new fire station construction and adding firefighting
personnel and providing for their equipment and training
RESOLVED FURTHER, that the City Clerk shall forthwith transmit a
copy of the proposed amendment to the Governor of the State of
Michigan for his approval and transmit a copy of the foregoing
statement of purpose of such proposed amendment to the Attorney
General of the State of Michigan for his approval as provided by
law
RESOLVED FURTHER, that the proposed Charter amendment shall be
and the same is ordered to be submitted to the qualified electors
of the City at the General Election to be held on November 8,
1994, and the City Clerk is hereby directed to give notice of
election and notice of registration therefor in the manner
prescribed by law and to do all things and to provide all
supplies necessary to submit such proposed Charter amendment to
the vote of the electors as required by law
RESOLVED FURTHER, that the proposed amendment shall be submitted
to the electors in the following form, to wit
Are you in favor of authorizing the City to levy and collect each
year commencing on December 1, 1994, an additional tax not to
exceed .10 mill for the sole and exclusive purpose of providing
additional revenues for new fire station construction and for
adding firefighting personnel and providing for their equipment
and training?
Yes / /
No / /
28394
RESOLVED FURTHER, that the proposed amendment shall be published
in full, together with the existing Charter provisions altered,
abrogated or affected thereby, at least once in the official
newspaper of the City of Livonia at least ten (10) days prior to
said General Election to be held on November 8, 1994
RESOLVED FURTHER, that the City Clerk be and is hereby ordered
and directed to post within the voting booths and in the polling
places in which said election is conducted, a verbatim statement
of said proposed amendment and to post and publish such other
notices or copies of the proposed amendment pertaining to the
submission of said amendment in said election as may be required
by law and to do and perform all necessary acts in connection
with such election as may be required by law
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, Feenstra, McGee, and Taylor
NAYS Kavanagh, Ochala, and Toy
The President declared the resolution denied, as five (5) affirmative votes
were required for adoption
On a motion by Jurcisin, seconded by Feenstra, it was
WHEREAS, the lack of sufficient street lights on mile
roads in the City is of concern to citizens, residents and
property owners in the City of Livonia; and
WHEREAS, the Council of the City of Livonia has determined that
there is an immediate and pressing need to install additional
street lights on mile roads in the City and to provide for the
ongoing costs of street lights on such roads; and
WHEREAS, the Council of the City of Livonia has determined that
in order to provide proper lighting on mile roads in the City it
is necessary to levy and collect a tax of 25 mill on all real
and personal property subject to taxation in the City of Livonia,
in addition to amounts previously authorized;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of
Livonia, by a three-fifths (3/5) vote of the members of said
Council and pursuant to the provisions of Section 21 of Act 279
of the Public Acts of Michigan of 1909, as amended, does hereby
propose that the Livonia City Charter be amended by changing
Section 1 in Chapter VIII, which changed section shall read as
follows
Section 1 Power to Tax; Tax Limit The City shall have
the power to annually levy and collect taxes for municipal
purposes, but such levy shall not exceed one-half (1/2) of
28395
one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City; provided,
however, that in addition thereto the City shall have the
power to annually levy and collect taxes each year,
commencing on December 1, 1965, in an amount not to exceed
one-tenth (1/10) of one (1) per centum of the assessed value
of all real and personal property subject to taxation in the
City for the sole and exclusive purpose of providing
additional revenues for police protection and law
enforcement personnel, equipment, supplies and facilities of
the City; provided further, that in addition thereto, the
City shall have the power to annually levy and collect taxes
each year commencing on December 1, 1978 in an amount not to
exceed fifteen one-hundredths (15/100) of one (1) per centum
of the assessed value of all real and personal property
subject to taxation in the City for the sole and exclusive
purpose of providing additional revenues for fire, police
and snow removal personnel, equipment, supplies and
facilities of the City; provided further, that in addition
thereto, the City shall have the power to annually levy and
collect taxes each year commencing on December 1, 1984 in an
amount not to exceed one-tenth (1/10) of one (1) per centum
of the assessed value of all real and personal property
subject to taxation in the City for the sole and exclusive
purpose of providing additional revenues for library
ihm personnel, equipment, supplies and library facilities of the
City; provided further, that in addition thereto, the City
shall have the power to annually levy and collect taxes each
year commencing on December 1, 1990 in an amount not to
exceed sixty-three one-thousandths (63/1000) of one (1) per
centum of the assessed value of all real and personal
property subject to taxation in the City for the sole
purpose of defraying City expenses and liabilities for the
collection and disposal activities required for curbside
recycling and yard waste composting programs; provided
further, that in addition thereto, the City shall have the
power to annually levy and collect taxes each year
commencing on December 1, 1994, in an amount not to exceed
twenty-five one-thousandths (25/1000) of one (1) per centum
of the assessed value of all real and personal property
subject to taxation in the City for the sole and exclusive
purpose of providing additional revenues to install and
provide for the ongoing costs of street lights on mile roads
in the City.
RESOLVED FURTHER, that the provisions of the existing section of
the Charter of the City of Livonia which is altered, abrogated or
affected by this proposal, if adopted now reads as follows
Section 1 Power to Tax; Tax Limit. The City shall have
ibm the power to annually levy and collect taxes for municipal
purposes, but such levy shall not exceed one-half (1/2) of
one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City; provided,
28396
however, that in addition thereto the City shall have the
power to annually levy and collect taxes each year,
commencing on December 1, 1965, in an amount not to exceed
one-tenth (1/10) of one (1) per centum of the assessed value
of all real and personal property subject to taxation in the
City for the sole and exclusive purpose of providing
additional revenues for police protection and law
enforcement personnel, equipment, supplies and facilities
of the City; provided further, that in addition thereto,
the City shall have the power to annually levy and collect
taxes each year commencing on December 1, 1978 in an amount
not to exceed fifteen one-hundredths (15/100) of one (1)
per centum of the assessed value of all real and personal
property subject to taxation in the City for the sole and
exclusive purpose of providing additional revenues for
fire, police and snow removal personnel, equipment, supplies
and facilities of the City; provided further, that in
addition thereto, the City shall have the power to annually
levy and collect taxes each year commencing on December 1,
1984 in an amount not to exceed one-tenth (1/10) of one (1)
per centum of the assessed value of all real and personal
property subject to taxation in the City for the sole and
exclusive purpose of providing additional revenues for
library personnel, equipment, supplies and library
facilities of the City; provided further, that in addition
thereto, the City shall have the power to annually levy and
collect taxes each year commencing on December 1, 1990 in an
amount not to exceed sixty-three one-thousandths (63/1000)
of one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City for the
sole purpose of defraying City expenses and liabilities for
the collection and disposal activities required for curbside
recycling and yard waste composting programs
RESOLVED FURTHER, that the purpose of the proposed amendment
shall be designated on the ballot as follows
City Charter amendment which authorizes the City to levy and
collect each year commencing on December 1, 1994, an additional
tax not to exceed 25 mill for the sole and exclusive purpose of
providing additional revenues to install and provide for the
ongoing costs of street lights on mile roads in the City
RESOLVED FURTHER, that the City Clerk shall forthwith transmit a
copy of the proposed amendment to the Governor of the State of
Michigan for his approval and transmit a copy of the foregoing
statement of purpose of such proposed amendment to the Attorney
General of the State of Michigan for his approval as provided by
law
ims RESOLVED FURTHER, that the proposed Charter amendment shall be
and the same is ordered to be submitted to the qualified electors
of the City at the General Election to be held on November 8,
1994, and the City Clerk is hereby directed to give notice of
28397
election and notice of registration therefor in the manner
prescribed by law and to do all things and to provide all
supplies necessary to submit such proposed Charter amendment to
the vote of the electors as required by law
RESOLVED FURTHER, that the proposed amendment shall be submitted
to the electors in the following form, to wit
Are you in favor of authorizing the City to levy and collect each
year commencing on December 1, 1994, an additional tax not to
exceed 25 mill for the sole and exclusive purpose of providing
additional revenues to install and provide for ongoing costs of
street lights on mile roads in the City?
Yes /
No / /
RESOLVED FURTHER, that the proposed amendment shall be published
in full, together with the existing Charter provisions altered,
abrogated or affected thereby, at least once in the official
newspaper of the City of Livonia at least ten (10) days prior to
said General Election to be held on November 8, 1994
RESOLVED FURTHER, that the City Clerk be and is hereby ordered
and directed to post within the voting booths and in the polling
places in which said election is conducted, a verbatim statement
of said proposed amendment and to post and publish such other
notices or copies of the proposed amendment pertaining to the
submission of said amendment in said election as may be required
by law and to do and perform all necessary acts in connection
with such election as may be required by law
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, Feenstra, McGee, and Taylor
NAYS Kavanagh, Ochala, and Toy
The President declared the resolution denied, as five (5) affirmative votes
were required for adoption
On a motion by Jurcisin, seconded by Feenstra, it was
WHEREAS, protecting the environment, conserving natural
resources and providing sufficient resources to fund
environmental compliance, monitoring and cleanup is of concern to
citizens, residents and property owners in the City of Livonia;
and
28398
WHEREAS, the Council of the City of Livonia has determined that
there is an immediate and pressing need to meet the increasing
costs associated with environmental concerns such as removal
and/or replacement of underground tanks, environmental compliance
and monitoring of the City landfill, energy management control
systems for City buildings and vehicles, environmental cleanup,
etc ; and
WHEREAS, the Council of the City of Livonia has determined that
in order to properly address these concerns, it is necessary to
levy and collect a tax of 15 mill on all real and personal
property subject to taxation in the City of Livonia, in addition
to amounts previously authorized;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of
Livonia, by a three-fifths (3/5) vote of the members of said
Council and pursuant to the provisions of Section 21 of Act 279
of the Public Acts of Michigan of 1909, as amended, does hereby
propose that the Livonia City Charter be amended by changing
Section 1 in Chapter VIII, which changed section shall read as
follows
Section 1. Power to Tax; Tax Limit. The City shall have
the power to annually levy and collect taxes for municipal
purposes, but such levy shall not exceed one-half (1/2) of
one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City; provided,
however, that in addition thereto the City shall have the
power to annually levy and collect taxes each year,
commencing on December 1, 1965, in an amount not to exceed
one-tenth (1/10) of one (1) per centum of the assessed value
of all real and personal property subject to taxation in the
City for the sole and exclusive purpose of providing
additional revenues for police protection and law
enforcement personnel, equipment, supplies and facilities
of the City; provided further, that in addition thereto,
the City shall have the power to annually levy and collect
taxes each year commencing on December 1, 1978 in an amount
not to exceed fifteen one-hundredths (15/100) of one (1)
per centum of the assessed value of all real and personal
property subject to taxation in the City for the sole and
exclusive purpose of providing additional revenues for
fire, police and snow removal personnel, equipment, supplies
and facilities of the City; provided further, that in
addition thereto, the City shall have the power to annually
levy and collect taxes each year commencing on December 1,
1984 in an amount not to exceed one-tenth (1/10) of one (1)
per centum of the assessed value of all real and personal
property subject to taxation in the City for the sole and
exclusive purpose of providing additional revenues for
library personnel, equipment, supplies and library
facilities of the City; provided further, that in addition
thereto, the City shall have the power to annually levy and
collect taxes each year commencing on December 1, 1990 in an
28399
amount not to exceed sixty-three one-thousandths (63/1000)
of one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City for the
sole purpose of defraying Citz expenses and liabilities for
the collection and disposal activities required for curbside
recycling and yard waste composting programs; provided
further, that in addition thereto, the City shall have the
power to annually levy and collect taxes each year
commencing on December 1, 1994 in an amount not to exceed
fifteen one-thousandths (15/1000) of one (1) per centum of
the assessed value of all real and personal property subiect
to taxation in the City for environmental purposes including
but not limited to the City landfill, energy management
control systems for City buildings and vehicles, removal
and/or replacement of underground tanks and environmental
cleanup.
RESOLVED FURTHER, that the provisions of the existing section of
the Charter of the City of Livonia which is altered, abrogated or
affected by this proposal, if adopted, now reads as follows
Section 1 Power to Tax; Tax Limit The City shall have
the power to annually levy and collect taxes for municipal
purposes, but such levy shall not exceed one-half (1/2) of
one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City; provided,
however, that in addition thereto the City shall have the
power to annually levy and collect taxes each year,
commencing on December 1, 1965, in an amount not to exceed
one-tenth (1/10) of one (1) per centum of the assessed value
of all real and personal property subject to taxation in the
City for the sole and exclusive purpose of providing
additional revenues for police protection and law
enforcement personnel, equipment, supplies and facilities
of the City; provided further, that in addition thereto,
the City shall have the power to annually levy and collect
taxes each year commencing on December 1, 1978 in an amount
not to exceed fifteen one-hundredths (15/100) of one (1)
per centum of the assessed value of all real and personal
property subject to taxation in the City for the sole and
exclusive purpose of providing additional revenues for
fire, police and snow removal personnel, equipment, supplies
and facilities of the City; provided further, that in
addition thereto, the City shall have the power to annually
levy and collect taxes each year commencing on December 1,
1984 in an amount not to exceed one-tenth (1/10) of one (1)
per centum of the assessed value of all real and personal
property subject to taxation in the City for the sole and
exclusive purpose of providing additional revenues for
library personnel, equipment, supplies and library
facilities of the City; provided further, that in addition
thereto, the City shall have the power to annually levy and
collect taxes each year commencing on December 1, 1990 in an
amount not to exceed sixty-three one-thousandths (63/1000)
28400
of one (1) per centum of the assessed value of all real and
IMP
personal property subject to taxation in the City for the
sole purpose of defraying City expenses and liabilities for
the collection and disposal activities required for curbside
recycling and yard waste composting programs
RESOLVED FURTHER, that the purpose of the proposed amendment
shall be designated on the ballot as follows
City Charter amendment which authorizes the City to levy and
collect each year commencing on December 1, 1994, an
additional tax not to exceed 15 mill for the sole and
exclusive purpose of providing additional revenues for
environmental purposes, including but not limited to City
landfill, energy management control systems for City
buildings and vehicles, removal and/or replacement of
underground tanks, environmental cleanup, etc
RESOLVED FURTHER, that the City Clerk Shall forthwith transmit a
copy of the proposed amendment to the Governor of the State of
Michigan for his approval and transmit a copy of the foregoing
statement of purpose of such proposed amendment to the Attorney
General of the State of Michigan for his approval as provided by
law
RESOLVED FURTHER, that the proposed Charter amendment shall be
liw
and the same is ordered to be submitted to the qualified electors
of the City at the General Election to be held on November 8,
1994, and the City Clerk is hereby directed to give notice of
election and notice of registration therefor in the manner
prescribed by law and to do all things and to provide all
supplies necessary to submit such proposed Charter amendment to
the vote of the electors as required by law
RESOLVED FURTHER, that the proposed amendment shall be submitted
to electors in the following form, to wit
Are you in favor of authorizing the City to levy and collect each
year commencing on December 1, 1994, an additional tax not to
exceed 15 mill for the sole and exclusive purpose of providing
additional revenues for environmental purposes, including but not
limited to City landfill, energy management control systems for
City buildings and vehicles, removal and/or replacement of
underground tanks, environmental cleanup, etc ?
Yes / /
No / /
RESOLVED FURTHER, that the proposed amendment shall be published
in full, together with the existing Charter provisions altered,
abrogated or affected thereby, at least once in the official
newspaper of the City of Livonia at least ten (10) days prior to
said General Election to be held on November 8, 1994
28401
RESOLVED FURTHER, that the City Clerk be and is hereby ordered
liw and directed to post within the voting booths and in the polling
places in which said election is conducted, a verbatim statement
of said proposed amendment and to post and publish such other
notices or copies of the proposed amendment pertaining to the
submission of said amendment in said election as may be required
by law and to do and perform all necessary acts in connection
with such election as may be required by law
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, Feenstra, McGee, and Taylor
NAYS Kavanagh, Ochala, and Toy
The President declared the resolution denied, as five (5) affirmative votes
were required for adoption
On a motion by McGee, seconded by Jurcisin, it was
WHEREAS, the improvement of City parks and cultural
facilities and programs is of concern to citizens, residents and
property owners in the City of Livonia; and
LWHEREAS, the Council of the City of Livonia has determined that
there is an immediate and pressing need for improvement of parks
and cultural facilities and programs in the City of Livonia,
particularly with respect to meeting requirements of the
Americans with Disabilities Act, repair and replacement of park
facilities to meet safety, risk management and enhancement
objectives, replacement of playground equipment, rehabilitation
of outdoor and indoor facilities, and meeting the operational
costs for historical sites within the City; and
WHEREAS, the Council of the City of Livonia has determined that
in order to maintain proper standards of park and cultural
facilities and programs, it is necessary to levy and collect a
tax of 10 mill on all real and personal property subject to
taxation in the City of Livonia, in addition to amounts
previously authorized;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of
Livonia, by a three-fifths (3/5) vote of the members of said
Council and pursuant to the provisions of Section 21 of Act 279
of the Public Acts of Michigan of 1909, as amended, does hereby
propose that the Livonia City Charter be amended by changing
Section 1 in Chapter VIII, which changed section shall read as
follows
28402
Section 1. Power to Tax; Tax Limit The City shall have
the power to annually levy and collect taxes for municipal
purposes, but such levy shall not exceed one-half (1/2) of
one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City; provided,
however, that in addition thereto the City shall have the
power to annually levy and collect taxes each year,
commencing on December 1, 1965, in an amount not to exceed
one-tenth (1/10) of one (1) per centum of the assessed value
of all real and personal property subject to taxation in the
City for the sole and exclusive purpose of providing
additional revenues for police protection and law
enforcement personnel, equipment, supplies and facilities
of the City; provided further, that in addition thereto,
the City shall have the power to annually levy and collect
taxes each year commencing on December 1, 1978 in an amount
not to exceed fifteen one-hundredths (15/100) of one (1)
per centum of the assessed value of all real and personal
property subject to taxation in the City for the sole and
exclusive purpose of providing additional revenues for
fire, police and snow removal personnel, equipment,
supplies and facilities of the City; provided further, that
in addition thereto, the City shall have the power to
annually levy and collect taxes each year commencing on
December 1, 1984 in an amount not to exceed one-tenth
(1/10) of one (1) per centum of the assessed value of all
real and personal property subject to taxation in the City
for the sole and exclusive purpose of providing additional
revenues for library personnel, equipment, supplies and
library facilities of the City; provided further, that in
addition thereto, the City shall have the power to annually
levy and collect taxes each year commencing on December 1,
1990 in an amount not to exceed sixty-three one-thousandths
(63/1000) of one (1) per centum of the assessed value of
all real and personal property subject to taxation in the
City for the sole purpose of defraying City expenses and
liabilities for the collection and disposal activities
required for curbside recycling and yard waste composting
programs; provided further, that in addition thereto, the
City shall have the power to annually levy and collect taxes
each year commencing on December 1, 1994 in an amount not to
exceed one one-hundredth (1/100) of one (1) per centum of
the assessed value of all real and personal property subject
to taxation in the City for the sole and exclusive purpose
of providing additional revenues for park and cultural
improvement in the City including, but not limited to,
compliance with the Americans with Disabilities Act program,
repair, replacement and/or rehabilitation of indoor and
outdoor facilities, including replacement of playground
equipment, and to provide for the operational costs of
historical sites within the City
RESOLVED FURTHER, that the provisions of the existing section of
the Charter of the City of Livonia which is altered, abrogated or
affected by this proposal, if adopted, now reads as follows
28403
Section 1 Power to Tax, Tax Limit. The City shall have
the power to annually levy and collect taxes for municipal
purposes, but such levy shall not exceed one-half (1/2) of
one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City; provided,
however, that in addition thereto the City shall have the
power to annually levy and collect taxes each year,
commencing on December 1, 1965, in an amount not to exceed
one-tenth (1/10) of one (1) per centum of the assessed value
of all real and personal property subject to taxation in the
City for the sole and exclusive purpose of providing
additional revenues for police protection and law
enforcement personnel, equipment, supplies and facilities
of the City; provided further, that in addition thereto,
the City shall have the power to annually levy and collect
taxes each year commencing on December 1, 1978 in an amount
not to exceed fifteen one-hundredths (15/100) of one (1)
per centum of the assessed value of all real and personal
property subject to taxation in the City for the sole and
exclusive purpose of providing additional revenues for
fire, police and snow removal personnel, equipment, supplies
and facilities of the City; provided further, that in
addition thereto, the City shall have the power to annually
levy and collect taxes each year commencing on December 1,
1984 in an amount not to exceed one-tenth (1/10) of one (1)
per centum of the assessed value of all real and personal
110 property subject to taxation in the City for the sole and
exclusive purpose of providing additional revenues for
library personnel, equipment, supplies and library
facilities of the City; provided further, that in addition
thereto, the City shall have the power to annually levy and
collect taxes each year commencing on December 1, 1990 in an
amount not to exceed sixty-three one-thousandths (63/1000)
of one (1) per centum of the assessed value of all real and
personal property subject to taxation in the City for the
sole purpose of defraying City expenses and liabilities for
the collection and disposal activities required for curbside
recycling and yard waste composting programs
RESOLVED FURTHER, that the purpose of the proposed amendment
shall be designated on the ballot as follows
City Charter amendment which authorizes the City to levy and
collect each year commencing on December 1, 1994, an
additional tax not to exceed 10 mill for the sole and
exclusive purpose of providing additional revenues for park
and cultural improvement in the City including, but not
limited to, compliance with the Americans with Disabilities
Act program, repair, replacement and/or rehabilitation of
indoor and outdoor facilities, including replacement of
playground equipment, and to provide for the operational
costs of historical sites within the City
28404
RESOLVED FURTHER, that the City Clerk shall forthwith transmit a
law copy of the proposed amendment to the Governor of the State of
Michigan for his approval and transmit a copy of the foregoing
statement of purpose of such proposed amendment to the Attorney
General of the State of Michigan for his approval as provided by
law
RESOLVED FURTHER, that the proposed Charter amendment shall be
and the same is ordered to be submitted to the qualified electors
of the City at the General Election to be held on November 8,
1994, and the City Clerk is hereby directed to give notice of
election and notice of registration therefor in the manner
prescribed by law and to do all things and to provide all
supplies necessary to submit such proposed Charter amendment to
the vote of the electors as required by law
RESOLVED FURTHER, that the proposed amendment shall be submitted
to electors in the following form, to wit
Are you in favor of authorizing the City to levy and collect each
year commencing on December 1, 1994, an additional tax not to
exceed .10 mill for the sole and exclusive purpose of providing
additional revenues for park and cultural improvement in the City
including, but not limited to, compliance with the Americans with
Disabilities Act program, repair, replacement and/or
rehabilitation of indoor and outdoor facilities, including
lie replacement of playground equipment, and to provide for the
operational costs of historical sites within the City?
Yes / /
No / /
RESOLVED FURTHER, that the proposed amendment shall be published
in full, together with the existing Charter provisions altered,
abrogated or affected thereby, at least once in the official
newspaper of the City of Livonia at least ten (10) days prior to
said General Election to be held on November 8, 1994
RESOLVED FURTHER, that the City Clerk be and is hereby ordered
and directed to post within the voting booths and in the polling
places in which said election is conducted, a verbatim statement
of said proposed amendment and to post and publish such other
notices or copies of the proposed amendment pertaining to the
submission of said amendment in said election as may be required
by law and to do and perform all necessary acts in connection
with such election as may be required by law
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, Feenstra, McGee, and Taylor
NAYS Kavanagh, Ochala, and Toy
28405
The President declared the resolution denied, as five (5) affirmative votes
were required for adoption
On a motion by Feenstra, seconded by Toy, it was
RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 12, 1994,
approved by the Finance Director and approved for submission by
the Mayor, the Council does hereby accept the unit price bid of
Peter A Basile Sons, Inc , 13000 Newburgh Road, P 0 Box 2129,
Livonia, MI 48151-2129, for the Alternate I street improvement of
Roycroft, east of Middlebelt, with a 31' wide concrete pavement
with curbs and gutters, for the estimated total cost of
$216, 946 90 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 having been in fact the
second lowest bid received for this item; FURTHER, the Council
does hereby determine the awarded bid to be a better bid than the
low bid submitted by Six-S, Inc ; FURTHER, which low bid is
rejected, FURTHER, the Council does hereby authorize an
appropriation in the amount of $216, 946 90 for the Roycroft
Avenue Paving from the $12 Million General Obligation Road
Improvement Bond Issue with the provisions that (1) the Bond
Issue be reimbursed from that portion of the project which is to
be financed by special assessment at such time as funds are
lbw available from the future special assessment bond issue, and (2)
the Bond Issue be reimbursed for the City's portion of the
project at such time as funds may be available from the Michigan
Transportation Fund (Local Road Account) ; 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
A roll call vote was taken on the foregoing resolution with the following
result
AYES Feenstra
NAYS Jurcisin, McGee, Kavanagh, Ochala, Toy, and Taylor
The President declared the resolution denied
On a motion by Kavanagh, seconded by McGee, it was
#587-94 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 12, 1994,
approved by the Finance Director and approved for submission by
the Mayor, the Council does hereby accept the unit price bid of
28406
Six-S, Inc , 2210 Scott Lake Road, Waterford, Michigan 48328, for
the Alternate I street improvement of Roycroft, east of
Middlebelt, with a 31' wide concrete pavement with curbs and
gutters, for the estimated total cost of $213, 361 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 bid
received for this item; FURTHER, the Council does hereby
authorize an appropriation in the amount of $213, 361 00 for the
Roycroft Avenue Paving from the $12 Million General Obligation
Road Improvement Bond Issue with the provisions that (1) the Bond
Issue be reimbursed from that portion of the project which is to
be financed by special assessment at such time as funds are
available from the future special assessment bond issue, and (2)
the Bond Issue be reimbursed for the City's portion of the
project at such time as funds may be available from the Michigan
Transportation Fund (Local Road Account) , 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
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, Feenstra, McGee, Kavanagh, Ochala, and Taylor
NAYS Toy
The President declared the resolution adopted
On a motion by Ochala, seconded by Jurcisin, and unanimously
adopted, it was
#588-94 RESOLVED, that having considered a report from
Councilmember Ron Ochala, the Council does hereby amend and
revise Council Resolution 495-94 so as to delete reference made
therein to "asphalt cart paths on all 18 holes of the Idyl Wyld
Golf Course" and to insert in lieu thereof "the paving of
existing cart paths at Idyl Wyld Golf Course" ; and the balance of
Council Resolution 495-94 shall remain unchanged and in full
effect
On a motion by Toy, seconded by Ochala, and unanimously adopted,
it was
28407
#589-94 RESOLVED, that having considered the report and
recommendation of the City Engineer and Superintendent of Parks
and Recreation, dated August 2, 1994, which bears the signature
of the Finance Director and Mayor, with regard to the action
taken in Council Resolution 495-94 which awarded a contract for
the paving of existing cart paths at Idyl Wyld Golf Course, the
Council does hereby determine as follows
1 To authorize the construction of new cart paths between #11
tee and #11 green, between #7 tee and #7 green, and between
#18 tee and #18 green,
2 Approve a change order in the amount of $32, 000 00 to
Contract 94-P with funding to be advanced from the Water and
Sewer Fund, with the intention of the Water and Sewer Fund
to be reimbursed through future collections of the Capital
Improvement Golf Fee; and
3 Authorize the City Engineer to approve minor adjustments in
the work
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#590-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 29, 1994, which
transmits its resolution 7-132-94, adopted on July 26, 1994, with
regard to Petition 94-6-2-20, submitted by Carlton P Ostdiek,
President, Diversified Glass Services, Inc , requesting waiver
use approval to construct a new Henderson Glass store to be
located on the north side of Plymouth Road between Merriman Road
and Hubbard Avenue in the Southeast 1/4 of Section 27, which
property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
94-6-2-20 is hereby approved and granted, subject to the
following conditions
1 That the Site and Building Elevation Plan, dated 6-17-94,
prepared by Van Wienen Professional Group, which is hereby
approved, shall be adhered to;
2 That the landscaping shown on the approved Site Plan shall
be installed prior to the issuance of a Certificate of
Occupancy and shall thereafter be permanently maintained in
a healthy condition;
3 That any signage proposed to be erected on the building or
on the site shall be reviewed by the Planning Commission and
approved by the City Council prior to a permit being issued;
and
4 That all lawn areas will be established with sod, which will
be serviced by an underground irrigation system
28408
On a motion by Toy, seconded by Ochala, and unanimously adopted,
it was
#591-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 2, 1994, which
transmits its resolution 7-134-94, adopted on July 26, 1994, with
regard to the proposed preliminary plat of Oakcrest Villas
Subdivision to be located north of Six Mile Road between Louise
Avenue and Middlebelt Road in the Southeast 1/4 of Section 11,
City of Livonia, Wayne County, Michigan, and the preliminary plat
having been approved by the City Planning Commission on July 26,
1994, the Council does hereby approve of the said preliminary
plat based upon the same conditions as those set forth in the
aforesaid Planning Commission action and subject to the receipt
of a report and recommendation by the City Engineer relative to
the development plans and specifications for the improvements
therein, and the financial assurances guaranteeing the
satisfactory installation of such improvements
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was
#592-94 RESOLVED, that the Council does hereby refer to the
LoN Plymouth Road Development Authority for its report and
recommendation the subject matter of the vacant Livonia Tire
store located on the north side of Plymouth Road between Merriman
Road and Hubbard Avenue
On a motion by Toy, seconded by Kavanagh, it was
RESOLVED, that having considered the report and
recommendation of the City Planning Commission, dated August 2,
1994, which transmits its resolution 7-136-94, adopted on July
26, 1994, with regard to the revised building elevations
submitted in connection with Petition 92-12-2-57 by Handy Andy
Improvement Centers, Inc , for the commercial building located at
13507 Middlebelt Road in Section 26, the Council does hereby
concur in the recommendation of the Planning Commission and
approve the revised building elevations subject to the following
conditions
1 That the Elevation Plan, defined as Sheet 4 dated 7/6/94, as
revised, by Livonia-Handy Andy, is hereby approved and shall
be adhered to; and
2 That the content of the Inspection Department letter dated
July 22, 1994, be incorporated as a further requirement to
be complied with in all respects and that this approval is
contingent upon that compliance
On a motion by Feenstra, seconded by Ochala, and unanimously
adopted, it was
28409
#593-94 RESOLVED, that having considered the report and
1.0 recommendation of the City Planning Commission, dated August 2,
1994, which transmits its resolution 7-136-94, adopted on July
26, 1994, with regard to the revised building elevations
submitted in connection with Petition 92-12-2-57 by Handy Andy
Improvement Centers, Inc , for the commercial building located at
13507 Middlebelt Road in Section 26, the Council does hereby
refer this item to the Committee of the Whole for its report and
recommendation
On a motion by Jurcisin, seconded by McGee, it was
#594-94 RESOLVED, that having considered a letter from Regan
Quaal, President, Albie' s Foods, Inc , 34163 Schoolcraft,
Livonia, Michigan 48150, dated June 29, 1994, wherein it is
indicated that Albie' s Foods, Inc intends to transfer facilities
from Livonia to the City of Gaylord, Michigan, and which further
indicates that Albie's Foods, Inc desires to obtain a 1974 P A
198 exemption for the Gaylord 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
A roll call vote was taken on the foregoing resolution with t .e following
1110 result
AYES Jurcisin, Feenstra, McGee, and Taylor
NAYS Kavanagh, Ochala, and Toy
The President declared the resolution adopted
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#595-94 RESOLVED, that having considered a communication from
the Department of Law, dated July 13, 1994, submitted pursuant to
Council Resolution 156-94, transmitting for Council acceptance a
Warranty Deed dated June 3, 1994, executed by Theresa Ann Kowal
Frank, attorney-in-fact for Frank J and Theresa L Kowal,
conveying to the City certain property described as follows
That part of the Southwest 1/4 of Section 26, T 1 S , R 9
E , City of Livonia, Wayne County, Michigan, described as
beginning at a point distant South 00° 45' 20" West, 341 25
feet and South 88° 57' 40" East, 60 feet from the West 1/4
corner of Section 26; and proceeding thence South 88° 57'
40" East, 60 feet; thence South 07° 48' 24" West, 195 51
feet; thence North 88° 57' 40" West, 36 feet; thence North
00° 45' 20" East, 194 15 feet to the point of beginning
Portion of Wayne County Bureau of Taxation Property Number
103-99-0003-000 (12360 Merriman Road)
28410
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
McGee made the following disclosure respecting a conflict of interest on
this matter
Mr President, regarding the next matter, as I have
previously disclosed, my law firm represents this petitioner from
time to time, and, although we do not represent them in this
matter, I wish to announce the conflict and will abstain from any
consideration of this agenda item I refer to my prior
statements and my letter dated February 24, 1992, to the City
Clerk on this subject and would ask that these remarks be made
part of the official record of this meeting Thank you
McGee left the podium at 10 11 p m
On a motion by Feenstra, seconded by Kavanagh, it was
#596-94 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 22, 1994, which
transmits its resolution 2-29-94, adopted on February 8, 1994,
with regard to Petition 93-12-2-30, submitted by F & M
Distributors, Inc , requesting waiver use approval for an SDM
license for an existing store located on the west side of
Middlebelt Road between Schoolcraft and Industrial Roads in the
Northeast 1/4 of Section 26, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 93-12-2-30 is hereby approved
and granted
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, Feenstra, Kavanagh, Ochala, and Taylor
NAYS Toy
The President declared the resolution adopted
On a motion by Feenstra, seconded by Ochala, it was
#597-94 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 29,
1994, the Council does hereby refer the matter of the condition
of the F & M Distributors, Inc property located at 13505
Middlebelt Road and the nearby Wine Palace property located at
13971 Middlebelt Road to the Inspection Department for its report
and recommendation
28411
A roll call vote was taken on the foregoing resolution with the following
result
AYES Jurcisin, Feenstra, Ochala, and Taylor
NAYS Kavanagh and Toy
The President declared the resolution adopted
McGee returned to the podium at 10 17 p m
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was
#598-94 RESOLVED, that having considered a communication from
John B Carlin, Jr of the law firm Plunkett & Cooney, dated July
12, 1994, representing Outback Detroit Joint Venture, wherein it
is requested that the Council reconsider its previous action
relative to Petition 91-12-2-36, the Council does hereby rescind
and repeal Council Resolution 680-92, adopted on August 31, 1992
On a motion by Feenstra, seconded by Toy, and unanimously
adopted, it was
#599-94 RESOLVED, that having considered a communication from
John B Carlin, Jr of the law firm Plunkett & Cooney, dated July
12, 1994, representing Outback Detroit Joint Venture, wherein it
is requested that the Council reconsider its previous action
relative to Petition 91-12-2-36, submitted by Mark V Wibel,
requesting waiver use approval to utilize a Class C liquor
license in connection with a proposed restaurant to be located on
the south side of Five Mile Road between Middlebelt and Beatrice
in the Northeast 1/4 of Section 23, which property is zoned C-2,
the Council does hereby concur in the recommendation previously
made by the Planning Commission and Petition 91-12-2-36 is hereby
approved and granted subject to waiving the 1, 000 foot separation
requirement as set forth in Section 11 03 (h) of the Zoning
Ordinance, such approval to be based upon the same conditions as
those set forth in the aforesaid recommendation of the Planning
Commission
On a motion by Toy, seconded by Jurcisin, and unanimously
adopted, it was
#600-94 RESOLVED, that having considered a communication from
the Director of Community Resources and the President and
Treasurer of Senior Citizen Achievement Needs, dated July 15,
1994, approved by the Finance Director and approved for
submission by the Mayor, the Council does, for and on behalf of
the City of Livonia, accept a gift submitted on behalf of
28412
SCAN of a 1994 12-passenger lift-equipped Dodge Maxi-Wagon
(at a cost of $24, 506 00) , which is to be used in the Senior
Citizen Transportation Program
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was
#601-94 4 RESOLVED, that having considered a communication from
the Director of Community Resources, dated July 18, 1994,
approved by the Finance Director and approved for submission by
the Mayor, the Council does, for and on behalf of the City of
Livonia, accept the donation of sixty Farmer Jack Food
certificates from the Kiwanis Early Risers, which are in
denominations of $10 00 each (a total of $600 00) , and which are
to be given to residents in the case of emergency situations
On a motion by Jurcisin, seconded McGee, and unanimously adopted,
it was
#602-94 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated July 21, 1994,
approved for submission by the Mayor, and to which is attached a
letter from the Beverly Park Playground Committee, dated July 8,
1994, the Council does, for and on behalf of the City of Livonia,
accept the gift of the Beverly Park Play Structure
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was
#603-94 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 Jurcisin, seconded by Ochala, and unanimously
adopted, it was
#604-94 RESOLVED, that the Council does hereby discharge from
the Streets, Roads and Plats Committee the subject of Council
Resolution 436-94, adopted on June 8, 1994, with regard to the
question of the notification process prescribed under the Single
Lot Assessment Ordinance with respect to sidewalk and drive
approach construction
On a motion by Feenstra, seconded by Jurcisin, and unanimously
lbw adopted, it was
28413
#605-94 RESOLVED, that having considered a communication from
the Director of Legislative Affairs, dated August 12, 1994, with
regard to establishing a requirement for conducting a public
hearing for sidewalk and drive approach construction, the cost of
which is to be financed by special assessments and where another
unit of government is involved, the Council does hereby request
that the Department of Law prepare an appropriate amendment to
the Special Assessment Ordinance, Chapter 3 08, of the Livonia
Code of Ordinances for submission to Council
On a motion by Kavanagh, seconded by Ochala, and unanimously
adopted, it was
#606-94 RESOLVED, that having received a Charter Amendment
Initiative Petition submitted to the City Clerk from the
Livonians for Term Limitation Committee on August 9, 1994, the
City Council does hereby direct, in accordance with the
provisions of MCL 117 21, that the following question be placed
on the November 8, 1994, General Election ballot
CITY OF LIVONIA
PROPOSITION BALLOT
CHARTER AMENDMENT
IL, ARE YOU IN FAVOR OF AN AMENDMENT TO THE CITY CHARTER
OF THE CITY OF LIVONIA PROVIDING THAT CITY COUNCIL
MEMBERS AND THE MAYOR NOT BE ALLOWED TO SEEK REELECTION
IF THEY HAD SERVED, OR AFTER HAVING SERVED, TWO (2)
CONSECUTIVE TERMS IN THAT PARTICULAR OFFICE?
YES
NO
There was no audience communication at the end of the meeting
On a motion by Toy, seconded by Ochala, and unanimously adopted,
this 1,278th Regular Meeting of the Council of the City of Livonia was
adjourned at 10 30 p m , August 17, 1994
Pi& aterv,
Jo n McCotter, City Clerk