HomeMy WebLinkAboutCOUNCIL MINUTES 1993-12-08 27996
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND SIXTY-SECOND
LREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On December 8, 1993, 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, and Gerald Taylor.
Absent: Ron Ochala and Laura M Toy.
Elected and appointed officials present: Robert D Bennett,
Mayor; Raul Galindo, City Engineer; John Nagy, City Planner; Harry
Tatigian, City Attorney; Joan McCotter, City Clerk; Karen A. Szymula,
Director of Legislative Affairs; James Andres, Chief Accountant; Jeanne
lio Treff, Cable Television Director; Suzanne Wisler, Director of Community
Resources; Kevin Roney, Public Utility Manager; and Robert Alanskas,
Planning Commission.
The Council President acknowledged students from Churchill High
School and Boy Scout Troop #1742 as being present at the meeting.
During the audience communication portion of the meeting, Tony
Stecca, 14024 Richfield, spoke relative to the need for "No Left Hand Turn"
signs on northbound and southbound Newburgh Road at Ann Arbor Road
On a motion by McGee, seconded by Kavanagh, and unanimously
adopted, it was:
#962-93 RESOLVED, that the Council does hereby request that the
Traffic Commission submit a report and recommendation with
respect to a proposal to prohibit left turns for northbound and
southbound traffic on Newburgh Road at Ann Arbor Road.
IbrOn a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
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#963-93 RESOLVED, that the minutes of the 1,261st Regular
Ibm Meeting of the Council of the City of Livonia, held November 22,
1993, are hereby approved as corrected
THE CORRECTIONS FROM THE AFORIIMENTIONED MEETING INCLUDE THE
FOLLOWING:
A receive and file which was worded as follows:
A communication from the Inspection Department, dated October 21,
1993, re parking at 33305 Seven Mile Road was received and placed on file
for the information of the Council. (CR 765-93)
is hereby corrected to read:
A communication from the Mayor, dated October 6, 1993, and a
communication from the Inspection Department, dated October 21, 1993, re:
parking at 33305 Seven Mile Road were received and placed on file for the
information of the Council (CR 765-93)
Council Resolution #910-93, which was worded as follows:
#910-93 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated October 21,
1993, approved for submission by the Mayor and submitted pursuant
to Council Resolution 765-93 in connection with the matter of
perpendicular parking adjacent to 33305 Seven Mile Road, the
Council does hereby request that the Inspection Department submit
an additional report and recommendation with regard to a red
Chevy Suburban vehicle with a trailer hitch that when parked in
this area extends into the business right-of-way
is hereby corrected to read:
#910-93 RESOLVED, that having considered the report and
recommendation of the Mayor, dated October 6, 1993, submitted
pursuant to Council Resolution 765-93; and the report and
recommendation of the Director of Inspection, dated October 21,
1993, approved for submission by the Mayor and submitted pursuant
to Council Resolution 765-93 in connection with the matter of
perpendicular parking adjacent to 33305 Seven Mile Road, the
Council does hereby request that the Inspection Department submit
an additional report and recommendation with regard to a red
Chevy Suburban vehicle with a trailer hitch that when parked in
this area extends into the business right-of-way.
and Council Resolution #911-93, which was worded as follows:
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#911-93 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated October 21,
1993, approved for submission by the Mayor and submitted pursuant
to Council Resolution 765-93 in connection with the matter of
perpendicular parking adjacent to 33305 Seven Mile Road, the
Council does hereby refer this item to the Roads Beautification
Committee for its report and recommendation with respect to the
immediate area on the south side of Seven Mile Road and Westmore.
is hereby corrected to read:
#911-93 RESOLVED, that having considered the report and
recommendation of the Mayor, dated October 6, 1993, submitted
pursuant to Council Resolution 765-93; and the report and
recommendation of the Director of Inspection, dated October 21,
1993, approved for submission by the Mayor and submitted pursuant
to Council Resolution 765-93 in connection with the matter of
perpendicular parking adjacent to 33305 Seven Mile Road, the
Council does hereby refer this item to the Roads Beautification
Committee for its report and recommendation with respect to the
immediate area on the south side of Seven Mile Road and Westmore.
A communication from the Department of Finance, dated November
23, 1993, re: various financial statements of the City of Livonia for the
month ending October 31, 1993 was received and placed on file for the
information of the Council
On a motion by Jurcisin, seconded by McGee, it was:
#964-93 RESOLVED, that having considered Petition 93-11-3-5,
submitted by Mr. Joseph P Durso, agent for the property owner,
Dario Tomei, received in the office of the City Clerk on November
16, 1993, wherein a request is submitted for the vacating of two
utility easements on property commonly known as 18340 Middlebelt,
Livonia, Michigan, the Council does hereby refer this item to the
City Planning Commission for action and recommendation in
accordance with provisions of law and City ordinance
#965-93 RESOLVED, that having considered a letter from Robert
and Kay German, 31660 Bobrich, Livonia, Michigan 48152, dated
November 16, 1993, wherein a request is submitted for the
improvement of Munger Avenue, east of Merriman Road, the cost of
which is to be defrayed by special assessment, the Council does
hereby refer this item to the Engineering Department for its
report and recommendation.
A communication from the General Manager of MetroVision of
Livonia, Inc. , dated November 15, 1993, re: submission of their tenth
annual report (1993) was received and placed on file for the information of
the Council
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#966-93 RESOLVED, that having considered a letter from Phyllis
lio Kramer, 14333 Harrison, Livonia, Michigan 48154, President of
Livonia Little People's Co-op Preschool, received by the office
of the City Clerk on November 22, 1993, the Council does hereby
take this means to indicate that the Livonia Little People's
Co-op Preschool is recognized as a non-profit organization
operating in the community, the action herein being taken for the
purpose of affording the Livonia Little People's Co-op Preschool
an opportunity to obtain a gaming license from the State of
Michigan in accordance with provisions of State Statute.
#967-93 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
November 15, 1993, approved by the Finance Department and
approved for submission by the Mayor, and to which is attached
Invoice No. FY94 048 from The Senior Alliance, Inc. , 3850 Second
Street, Suite 160, Wayne, Michigan 48184, in the amount of
$5,043.00, which represents the 1994 matching contributions
required of the City of Livonia for grant funds received from
Senior Alliance to provide Homemaker, Personal Care, Respite and
Chore services, the Council does hereby authorize the payment of
the said sum of $5,043 00 from funds available for this purpose
in Account No 101-891-947-010
#968-93 RESOLVED, that having considered a communication from
the City Planning Commission dated November 19, 1993, which sets
lis forth its resolution 11-213-93, adopted on November 16, 1993,
with regard to a permit application submitted by Comcast Sound
Communications to install a satellite dish antenna on the roof of
the restaurant located at 19265 Victor Parkway in Section 6,
pursuant to Section 18 42 of Ordinance 543, as amended, the
Council does hereby concur in the recommendation of the City
Planning Commission and the said permit application is hereby
approved and granted, subject to the following condition:
That Plan, defined as Roof Plan & Details by Wolfgang
Doerschlag Architects, received by the Livonia Planning
Commission on 11/1/93, is hereby approved and shall be
adhered to
#969-93 RESOLVED, that having considered a communication from
the City Engineer, dated November 23, 1993, approved for
submission by the Mayor, and submitted pursuant to Council
Resolution 577-93, and the City Engineer having ascertained the
assessed valuation of all property affected by the proposed
street improvement of Grove, west of Merriman Road in the
Northeast 1/4 of Section 15, City of Livonia, Wayne County,
Michigan, and such report having indicated the number of parcels
which show tax delinquencies, the number of parcels owned by
public authorities, the number of parcels which are vacant, and
having prepared and caused to be prepared plans and
specifications therefor and an estimate for the cost thereof, and
to file the same with the City Clerk together with his
recommendation as to what proportion of the cost should be paid
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by special assessment and what part, if any, should be a general
obligation of the City, the number of installments in which
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assessments may be paid and the lands which should be included in
the proposed special assessment district, and it appearing to the
Council that all of such information, estimate, plans,
specifications and recommendations have been properly filed by
the City Engineer with the City Clerk under date of November 23,
1993, and that there has been a full compliance with all of the
provisions of Section 3.08 060 of the Livonia Code of Ordinances,
as amended, the Council does hereby set Monday, January 24, 1994
at 8:00 p.m. as the date and time for a public hearing on the
necessity for such proposed improvement, which public hearing
shall be held before the Council in the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan, pursuant to Section
3.08.070 of said Livonia Code of Ordinances, as amended, and the
City Clerk is hereby authorized to give notice and publication of
such hearing as is required by Section 3.08.070 of said Code
#970-93 RESOLVED, that having considered a communication from
the City Engineer, dated November 24, 1993, approved for
submission by the Mayor, and submitted pursuant to Council
Resolution 282-93, and the City Engineer having ascertained the
assessed valuation of all property affected by the proposed
street improvement of Roycroft, east of Middlebelt Road, in the
Southwest 1/4 of Section 13, City of Livonia, Wayne County,
Michigan, and such report having indicated the number of parcels
which show tax delinquencies, the number of parcels owned by
public authorities, the number of parcels which are vacant, and
having prepared and caused to be prepared plans and
specifications therefor and an estimate for the cost thereof, and
to file the same with the City Clerk together with his
recommendation as to what proportion of the cost should be paid
by special assessment and what part, if any, should be a general
obligation of the City, the number of installments in which
assessments may be paid and the lands which should be included in
the proposed special assessment district, and it appearing to the
Council that all of such information, estimate, plans,
specifications and recommendations have been properly filed by
the City Engineer with the City Clerk under date of November 24,
1993, and that there has been a full compliance with all of the
provisions of Section 3.08 060 of the Livonia Code of Ordinances,
as amended, the Council does hereby set Monday, January 24, 1994
at 8:00 p.m as the date and time for a public hearing on the
necessity for such proposed improvement, which public hearing
shall be held before the Council in the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan, pursuant to Section
3.08.070 of said Livonia Code of Ordinances, as amended, and the
City Clerk is hereby authorized to give notice and publication of
such hearing as is required by Section 3.08 070 of said Code
A roll call vote was taken on the foregoing resolutions with the following
lio result:
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AYES: Jurcisin, Feenstra, McGee, Kavanagh, and Taylor.
NAYS: None
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#971-93 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated November 23,
1993, and submitted pursuant to Council Resolution 326-93 in
connection with a communication from the Livonia Cable Television
Commission, dated March 19, 1993, approved by the Director of
Community Resources and approved for submission by the Mayor, and
wherein it is recommended that the Council approve the purchase
of equipment described in the aforesaid communication in an
amount not to exceed $357,000.00 for the enhancement of
educational access programming for the Livonia cable system, and
having also considered a letter from the Livonia Educational
Television Consortium, dated November 12, 1993, letters from
Madonna University, dated November 11, 1993, and November 12,
1993, a letter from Livonia Public Schools, dated November 16,
1993, a letter from Clarenceville School District, dated November
10, 1993, a letter from Schoolcraft College, dated November 15,
1993, and a letter from St Paul's Lutheran School, dated
November 15, 1993; the Council does hereby concur in and approve
of the recommended action for the purchase by MetroVision of CATV
equipment for enhancement of educational access programming in
the amount of $323,574.00; and the Mayor and the Livonia Cable
Television Commission are hereby requested to do all things
necessary or incidental to the full performance of this
resolution.
Kavanagh gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 11 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 93-8-1-13)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein. The above Ordinance was placed on the table for
consideration at the next regular meeting.
Feenstra gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 93-8-3-3)
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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
McGee took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTION 5 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3. THERETO (Petition 93-7-1-11)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Jurcisin, McGee, Kavanagh, and Taylor
NAYS: Feenstra
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#972-93 RESOLVED, that having considered a communication from
the City Clerk, dated November 16, 1993, which indicates that the
proprietor of the Forest Oaks Subdivision, located on the east
side of Stonehouse Avenue between Joy Road and Minton Street in
the Southeast 1/4 of Section 31, has delivered final true plats
to the City Clerk and requested that said plat be presented to
Council for final approval; and the Council having received a
communication from the City Planning Commission, dated November
5, 1993, wherein said Commission approves the final plat for the
said subdivision in its resolution 10-203-93, adopted on October
26, 1993; and the Council having considered a report from the
City Engineer, dated October 15, 1993, recommending approval of
the final plat of said subdivision, the preliminary plat of which
was approved by the Council in its resolution 633-93, adopted on
August 16, 1993, said preliminary plat having been recommended
for approval by the City Planning Commission on April 6, 1993 in
its resolution 4-73-93; NOW, THEREFORE, the Council does hereby
determine to grant its approval to the final plat of Forest Oaks
Subdivision, located in the Southeast 1/4 of Section 31, City of
Livonia, Wayne County, Michigan, as submitted by the proprietor
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thereof, which proprietor is also hereby required to do all
things necessary to obtain full compliance with the Subdivision
Control Act of Michigan of 1967, as amended, and the ordinances
of the City of Livonia; and FURTHER, the City Clerk is hereby
requested to do all things necessary or incidental to the full
performance of this resolution.
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was:
#973-93 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated November 9, 1993, approved by
the Finance Department and approved for submission by the Mayor
and which transmits its resolution WS 3032 10/93, wherein it is
recommended that Council authorize payment of $17,400.00 to the
Michigan Department of Public Health to satisfy legislation which
amended the Michigan Safe Drinking Water Act and enables the
Michigan Department of Public Health to charge fees to water
system operators to recoup costs for inspecting systems,
monitoring water quality and certifying laboratories and
operating personnel, the Council does hereby concur in and
approve of such action.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#974-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 19, 1993, which
transmits its resolution 11-211-93, adopted on November 16, 1993,
with regard to Petition 93-11-8-21, submitted by Marathon Oil
Company, requesting site plan approval in connection with a
proposal to erect a canopy over the dispenser island for the
gasoline station located at 33325 Seven Mile Road in Section 10,
pursuant to the provisions set forth in Section 18.47 of
Ordinance No. 543, as amended, the Council does hereby refer this
item to the Committee of the Whole for its report and
recommendation.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was:
#975-93 RESOLVED, that having considered a communication from
the Mayor, dated December 1, 1993, wherein it is indicated that
the Planning Department was advised by Dr. Allen that certain
property he owns which is located immediately east of the
Speedway gas station (owned by Marathon Oil Company), located at
the southeast corner of Seven Mile Road and Farmington Road is
not presently for sale, the Council does hereby refer this item
to the Department of Law for an additional report and
recommendation.
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On a motion by Feenstra, seconded by Kavanagh, it was:
WHEREAS, current State law demands that the City of
Livonia publish the minutes of all meetings, newly adopted
ordinances, and all manner of legal notices in a newspaper of
general circulation, and
WHEREAS, the City of Livonia must publish a large number of
notices each month at considerable expense, and
WHEREAS, there are newspapers that contain 25% news and
editorial, and also free-paper publishers in the County of Wayne,
and
WHEREAS, House Bills 4724 and 4725 will allow local governments
to choose where they place their legal notices, and
WHEREAS, the City of Livonia supports the flexibility these
House Bills provide when spending City funds
NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia supports
the passage of House Bills 4724 and 4725
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor Engler, State Senator Robert Geake, State Representative
Lyn Bankes, State Representative Jerry Vorva, and the MML State
and Federal Affairs Division
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Feenstra and Kavanagh
NAYS: Jurcisin, McGee, and Taylor
The President declared the resolution denied
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was
#976-93 RESOLVED, that Livonia Builders, 35189 Vargo, Livonia,
MI 48152, as proprietors, having requested the City Council to
approve the proposed final preliminary plat of the following
subdivision: Willow Creek Subdivision, located on the south side
of Six Mile Road between Merriman Road and Henry Ruff in the
Northwest 1/4 of Section 14, the said proposed final preliminary
plat being dated March 10, 1993; and it further appearing that
tentative approval of such final preliminary plat was given by
the City Planning Commission, after due notice and a public
hearing on February 9, 1993, and it further appearing that such
final preliminary plat, together with development plans and
specifications for improvements therein have been examined and
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approved by the Engineering Department as is set forth in the
report of that department dated June 4, 1993; therefore, the City
Council does hereby approve of the said final preliminary plat on
the following conditions:
1) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with
the provisions of the ordinances of the City of Livonia,
including the Subdivision Control Ordinance, being Title 16,
Chapters 16.04 through 16.24 of the Livonia Code of
Ordinances, as amended; the Subdivision Regulations of the
Planning Commission; the regulations and specifications of
the Engineering Department and the Development Plans
submitted by the proprietor and approved by such department;
all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years
from the effective date of this resolution; failing this,
the approval contained herein shall be considered null, void
and of no effect whatsoever;
2) That all inspection fees and other charges due to the City
of Livonia shall be fully paid at the time and in the manner
provided in the said Subdivision Control Ordinance, as
amended;
3) That the installation of all such improvements shall be
subject at all times to the supervision and inspection and
final approval of the Engineering Department, and such
improvements shall not be considered as having been
satisfactorily and completely installed until there is filed
with the City Council the certificate as provided in Section
16 24.370 of the said Subdivision Control Ordinance, as
amended;
4) That the proprietor enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period
of time and in the prescribed manner, all improvements
required to the extent required by the City of Livonia and
as shown on the approved development plans;
5) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive the final approval of
the City Planning Commission as evidence that such plat is
in compliance with existing Subdivision Regulations;
6) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City
Council within two (2) years from the effective date of this
resolution; the City Council shall approve final plats of
the aforesaid proposed subdivision if drawn in substantial
conformity with the proposed plat as approved herein, and
provided there has been compliance with all other
requirements of State Statute, the Subdivision Control Act,
the Subdivision Control Ordinance and this resolution;
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7) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements the
proprietor may file with the City of Livonia a corporate
surety bond, certified check, cash bond, irrevocable letter
of credit, or other financial assurance in such form as may
be approved by the Department of Law guaranteeing the
satisfactory installation of all such improvements,
utilities and grading by the proprietor within the
prescribed period; that in the event the proprietor elects
to deposit such financial assurances the same shall be in
the following amounts:
A. General Improvement Bond $194,000 00, of which at least
$10,000 00 shall be
in cash
B. Sidewalk Bond Waived
C Grading & Soil Erosion $ 4,000.00, (all cash).
D. Entrance Markers and $ 10,000.00, of which at least
Landscaping $3,000 00 shall be
in cash
E Monuments and Lot Markers $ 970 00, (all cash)
thi and require cash payments in the total amount of $18,504.00.
In addition, distribution lines for telephone and electric
services are to be placed underground and ornamental street
lights are to be provided throughout the subdivision; and
Council Resolution 493-93, adopted on June 23 1993, is
hereby rescinded and repealed to the extent necessary to be
consistent with the action taken herein
On a motion by Jurcisin, seconded by Kavanagh, and unanimously
adopted, it was
#977-93 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 20, 1993, which sets
forth its resolution 10-194-93, adopted on October 12, 1993, with
regard to a permit application submitted by Crestwood Lounge to
install a satellite dish antenna to the rear elevation of the
building located at 27885 Plymouth Road in Section 36, pursuant
to Section 18 42 of Ordinance 543, as amended, and the Council
having conducted a Public Hearing on November 23, 1993, pursuant
to Council Resolution 863-93, the Council does hereby reject the
recommendation of the City Planning Commission and the said
permit application is hereby approved and granted subject to the
following conditions:
1 That the existing ten foot diameter satellite dish shall be
lowered in height to approximately conform to the height of
the proposed satellite dish as shown on the drawing dated
9/27/93 submitted by Crestwood Lounge;
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2. The pole height from ground level for the proposed dish
shall not exceed seventeen and one-half feet and the
10 diameter of the dish shall not exceed seven feet;
3. Both the existing and the proposed satellite dish shall be
painted a light gray color;
4 The existing satellite dish shall be relocated to the south
wall of the restaurant structure and a parapet wall or
screen shall be constructed around the two satellite dishes
to screen the dishes from view at the ground level; and
5 That the petitioner shall be required to meet with the owner
of the property and the City Council for the purpose of
discussing the improvement of the parking lot located at the
rear of the building
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#978-93 RESOLVED, that the Inspection Department is hereby
requested to submit a report and recommendation with respect to
the condition of the unimproved parking lot located at the rear
of 27885 Plymouth Road and to submit a timetable for the
improvement of same
Ls On a motion by Kavanagh, seconded by McGee, and unanimously
adopted, it was
#979-93 RESOLVED, that the Council does hereby request that the
Department of Law submit a report and recommendation with respect
to the need, if any, to amend current ordinance provisions
pertaining to the maintenance of commercial property
No one wished to speak during the audience communication portion
at the end of the meeting
On a motion by McGee, seconded by Jurcisin, and unanimously
adopted, this 1,262nd Regular Meeting of the Council of the City of Livonia
was adjourned at 8 39 p m , December 8, 1993
Cr7v4vTh& cW ,
Jq$n McCotter, City Clerk