HomeMy WebLinkAboutCOUNCIL MINUTES 1992-09-16 27199
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND THIRTY-SECOND
ImwREGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On September 16, 1992, 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 15 p m Councilman Jurcisin delivered
the invocation.
Councilman Taylor called for a moment of silence in remembrance
of former City Clerk Robert Nash and noted his 30 years of service with the
City, which also included serving on the Zoning Board of Appeals and on the
City Council.
Roll was called with the following result: Present: Dale A
Jurcisin, Gerald Taylor, Ron Ochala, Fernon P. Feenstra, Sean P. Kavanagh,
Michael P McGee, and Laura M. Toy Absent None
100 Elected and appointed officials present Robert D. Bennett,
Mayor; Harry Tatigian, City Attorney; Ann W Tavolacci, Deputy City Clerk;
Gary Clark, Assistant City Engineer; John Nagy, Planning Director; Karen A
Szymula, Director of Legislative Affairs; James Andres, Chief Accountant;
Edith Davis, Personnel Director; Ray Pomerville, Director of Labor
Relations; Lee Grieve, Police Chief; Ralph Magid, Superintendent of
Operations of Public Service; and Joseph Mysliwiec, 16th District Court
Administrator.
On a motion by Feenstra, seconded by Kavanagh, and unanimously
adopted, it was
#700-92 RESOLVED, that the minutes of the 1,231st Regular
Meeting of the Council of the City of Livonia, held August 31,
1992, are hereby approved as submitted
No one wished to speak during the audience communication portion
at the beginning of the meeting
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A communication from the Department of Law, dated September 4,
Iwo 1992, re: RD Management Company v City of Livonia, Wayne County Circuit
Court Case No. 92-208128-CZ was received and placed on file for the
information of the Council.
A communication from the Department of Assessment, dated
September 3, 1992, re Industrial Facility Exemption Certificate No.
84-622, Prolith International, Inc. , was received and placed on file for
the information of the Council
On a motion by Taylor, seconded by Feenstra, it was
#701-92 RESOLVED, that having considered an application from
Kathleen Bruno, 14050 Hubbard, dated August 20, 1992, requesting
permission to close Hubbard between Scone and Perth on Sunday,
September 20, 1992, from 12:00 noon to 9 00 p m , for the purpose
of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made
subject to the approval of the Police Department.
#702-92 RESOLVED, that having considered an application from
Kathy Jones, 27702 Clarita, dated August 26, 1992, requesting
permission to close Clarita between Foch and Deering on Saturday,
September 26, 1992 from 10 00 a m to 11:00 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 Sunday, September 27, 1992 in the event of
inclement weather, the action taken herein being made subject to
the approval of the Police Department
#703-92 RESOLVED, that having considered a letter from the
President of the Franklin High School Patriot's Booster Club,
dated August 26, 1992, requesting permission to post 2' x 3'
signs from November 9, 1992, through November 14, 1992, to
advertise the Fall Craft Show to be conducted on November 14,
1992, at the following locations:
SE corner of Plymouth and Merriman
SE corner of Plymouth and Middlebelt
NE corner of Joy and Farmington
NE corner of Joy and Merriman
NW corner of Joy and Middlebelt
SW corner of W. Chicago and Inkster
The Council does hereby approve this request in the manner and
lio form herein submitted
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#704-92 RESOLVED, that having considered a letter from Evelyn
ibe Suddendorf, 9116 Newburgh, Livonia, Michigan 48150, dated August
18, 1992, wherein an interest is expressed in the purchase of
certain vacant City-owned property located at 9134 Newburgh Road,
the Council does hereby refer this item to the Department of Law
for its report and recommendation.
#705-92 RESOLVED, that having considered a letter from Jeffrey
Winkler, 27520 Five Mile Road, Livonia, Michigan 48154, dated
August 27, 1992, wherein an interest is expressed in the purchase
of certain vacant City-owned property located at 9134 Newburgh
Road, the Council does hereby refer this item to the Department
of Law for its report and recommendation.
A communication from the Office of the Mayor, dated August
21, 1992, re bicycle routes, special purpose traffic lights and parking
of commercial trucks in residential areas was received and placed on file
for the information of the Council (CR 480-92)
#706-92 RESOLVED, that having considered the report and
recommendation of the Public Utility Manager, the Director of
Public Works and the Director of Community Resources, dated
liw August 18, 1992, approved by the Director of Finance and approved
for submission by the Mayor, the Council does hereby accept the
bid of Newton-Crane, Inc. , 353 N Cass Avenue, Pontiac, Michigan
48432 for completing all work in connection with the roof
replacement at the Civic Park Senior Center for a total price of
$24,525 00, the same having been in fact the lowest bid received
which meets specifications; and the bids of Michigan Roofing
Company and Alar Roofing and Supply, Inc. are hereby rejected
inasmuch as they do not meet specifications; FURTHER, the Council
does hereby appropriate and authorize the expenditure of a sum
not to exceed $24,525 00, from Community Development Block Grant
Funds for this purpose; and the Director of Public Works is
hereby authorized to approve minor adjustments in the work as it
becomes necessary; and the Mayor and City Clerk are hereby
authorized to execute a contract for and on behalf of the City of
Livonia with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this
resolution
#707-92 RESOLVED, that having considered a communication from
the Michigan Liquor Control Commission, dated September 11, 1992,
the Council does hereby approve of the request from Michigan
National Bank to transfer ownership of 1992 Class C-SDM licensed
business with dance-entertainment permit and nine bars from
Roma's of Michigan, Inc. for a business located at 27777
1110 Schoolcraft Road, Livonia, Michigan 48150, Wayne County, the name
of which is Burton Manor (Step I); and the City Clerk is hereby
requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
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#708-92 RESOLVED, that having considered a communication from
iWw the Michigan Liquor Control Commission and the report and
recommendation of the Acting Chief of Police, dated August 20,
1992, in connection therewith, the Council does hereby approve of
the request from William Burton Johnson, stockholder in Just
Dessert, Inc , to transfer ownership of 1992 Class C-SDM licensed
business with dance-entertainment permit and nine bars from
Michigan National Bank for a business located at 27777
Schoolcraft Road, Livonia, Michigan 48150, Wayne County, the name
of which is Burton Manor (Step II); and the City Clerk is hereby
requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
#709-92 RESOLVED, that having considered communications from
the Michigan Liquor Control Commission, dated February 24, 1992
and February 25, 1992 with regard to an application from Mark V.
Wibel for a new full year Class C license to be located at Five
Mile and Middlebelt, Mid-Five Shopping Center, Livonia, Michigan,
Wayne County, in the name of Outback/Detroit Joint Venture, and
which application has now been amended to provide that the
applicant's name is Outback Steakhouse, Inc. and Wibel
Associates, Inc. , the Council does hereby take this means to
advise the Michigan Liquor Control Commission that the City
Council denies the said request and would not recommend that the
said application be approved by the Michigan Liquor Control
Commission; and the City Clerk is hereby requested to forward a
tWo certified copy of thi ; resolution to the Michigan Liquor Control
Commission
#710-92 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated August 31, 1992,
submitted pursuant to Council Resolution 629-92 in connection
with a letter from John F Mufarreh, 36332 Whitcomb, Livonia,
Michigan 48154, dated June 15, 1992, with regard to the proposed
purchase of certain City-owned property described as Tax Item No.
052-01-0004-001, located on Foch Avenue (Lot 4 of Parkway
Subdivision) and the condition thereof, the Council does hereby
determine to take no further action.
#711-92 RESOLVED, that having considered the report and
recommendation of the Housing Director, dated September 3, 1992,
which sets forth two bids received with respect to certain
property located at 4928 Hayes, Wayne, Michigan (acquired by the
City of Livonia through drug forfeiture proceedings), the Council
does hereby reject these bids for the reasons indicated in the
aforesaid communication
#712-92 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated August 24, 1992,
approved by the Director of Housing and the Chief of Police and
approved for submission by the Mayor, with regard to certain
property located at 4928 Hayes, Wayne, Michigan (acquired by the
City of Livonia through drug forfeiture proceedings), the Council
does hereby authorize the conveyance of the aforesaid City-owned
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property to Government National Mortgage Association for a sum
equal to the amount of the outstanding mortgage, including
principal, interest and other fees, based upon the condition that
the City of Livonia will incur no additional costs in connection
with this transaction; and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute
a quit claim deed and such other documents as may be necessary or
incidental to fulfill the purpose of this resolution; and the
Department of Law is hereby requested to prepare and place in
proper form such legal documents as may be necessary to
consummate this transaction.
#713-92 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated September 1, 1992,
submitted pursuant to Council Resolution 630-92 with regard to
regulation of solicitation in residential areas, and to which is
attached alternative proposed amendments to Chapter 5 66 of the
Livonia Code of Ordinances, which would either prohibit entry
where the occupant expressly requests no solicitation or which
would prohibit all residential calls without invitation, the
Council does hereby refer this item to the Legislative Committee
for its report and recommendation.
#714-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 17, 1992, which
L transmits its resolution 8-429-92, adopted on August 11, 1992,
with regard to Petition 92-7-8-11 submitted by Midwest Management
& Realty, requesting site plan approval in connection with a
proposal to construct a decorative parapet on a portion of the
front roof of the building located at 19711 Middlebelt Road in
Section 2, pursuant to the provisions set forth in Section 18.47
of Ordinance No 543, as amended, the Council does hereby concur
in the recommendation of the Planning Commission and Petition
92-7-8-11 is hereby approved and granted, subject to the
following condition:
That Architectural Project Plan 9213, Sheet A-1 dated July
27, 1992, prepared by Peter Tzilos, Architect Planner, is
hereby approved and shall be adhered to.
#715-92 RESOLVED, that having considered a communication from
the City Planning Commission dated August 17, 1992, which
transmits its resolution 8-430-92, adopted on August 11, 1992,
with regard to a Sign Permit Application submitted by Belle Isle
Awning Co. on behalf of S.G S. , requesting approval to recover
the existing awning on the building located at 29217 Seven Mile
Road, the Council does hereby concur in the recommendation of the
Planning Commission and approve the said sign permit application,
subject to the following condition
L That the Sign Plan dated 6/23/92 by Belle Isle Awning Co. ,
submitted on behalf of Superior Growers Supply at 29217
Seven Mile Road, is hereby approved and shall be adhered to.
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#716-92 RESOLVED, that having considered a communication from
the City Planning Commission dated August 17, 1992, which
transmits its resolution 8-432-92, adopted on August 11, 1992,
with regard to a Sign Permit Application submitted by Graphic
Visions, Inc on behalf of Horizons Travel II, requesting
approval to mount one wall sign on the building and replace a
panel on the existing ground sign located at 33600 W Seven Mile
Road, the Council does hereby concur in the recommendation of the
Planning Commission and approve the said sign permit application
subject to the following condition
That the Sign Plans dated 7/92 by Graphic Visions, Inc. ,
submitted on behalf of Horizons Travel II at 33600 W Seven
Mile Road, are hereby approved and shall be adhered to.
#717-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 31, 1992, which
transmits its resolution 8-454-92, adopted on August 25, 1992,
with regard to a Sign Permit Application submitted by Intercity
Neon Inc on behalf of Boston Chicken Restaurant requesting
approval of two wall signs at 37100 Six Mile Road, and having
also considered a letter from the Construction Manager of Boston
Chicken, dated September 1, 1992, wherein the said Sign Permit
Application is amended to include only one exterior sign, the one
located on the south elevation facing Six Mile Road, the Council
does hereby approve the said sign permit application, as amended
to include only the one exterior sign located on the south
elevation facing Six Mile Road, subject to compliance with the
following condition, as revised herein
That the Sign Plan 14B435D dated 8/14/92, by Intercity Neon
Inc. , submitted on behalf of Boston Chicken at 37100 Six
Mile Road, is hereby approved and shall be adhered to.
#718-92 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, October 21, 1992, at
7:30 p.m at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following items:
(1) Petition 92-7-1-13, submitted by the City Planning
Commission on it own motion for a change of zoning on
property located south of Eight Mile Road, extending to
Norfolk Avenue between Middlebelt Road and Oporto in
the Northeast 1/4 of Section 2, from RUF and R-6 to R-1
and R-2, the City Planning Commission in its resolution
8-435-92 having recommended to the City Council that
Petition 92-7-1-13 be approved;
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(2) Petition 92-7-1-14, submitted by the City Planning
Iww Commission pursuant to Council Resolution 367-92 for a
change of zoning on property located on the north side
of Seven Mile Road between Haggerty Road and 1-275 in
the Southwest 1/4 of Section 6 from M-1 to C-2, the
City Planning Commission in its resolution 8-436-92
having recommended to the City Council that Petition
92-7-1-14 be approved; and
(3) Petition 92-7-1-18, submitted by Central Construction,
Inc. and Detroit Forest Products, Inc for a change of
zoning on property located on the north side of
Plymouth Road, west of Newburgh Road in the Southeast
1/4 of Section 30 from RUF to R-1, the City Planning
Commission in its resolution 8-438-92 having
recommended to the City Council that Petition 92-7-1-18
be approved;
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature of
the proposed amendments to the Zoning Ordinance, and/or (b)
location of the proposed changes of zoning as set forth above,
first to be published in the official newspaper of the City or a
newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public
hearing, cause to have notice to be given by registered mail to
each public utility company and to each railroad company owning
or operating any public utility or railroad within the districts
or zones affected; and FURTHER, the City Clerk is requested to do
all other things necessary or incidental to the full performance
of this resolution
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, McGee, and
Toy
NAYS: None
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#719-92 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September 2,
1992, and submitted pursuant to Council Resolution 486-92 in
connection with a letter from Alan J Lehto, 39195 Parkhurst,
ity Livonia, Michigan 48154, dated May 27, 1992, wherein a request is
submitted for a review and possible revision of certain portions
of the Secondhand Dealer Ordinance set forth in Chapter 5.76 of
the Livonia Code of Ordinances and its application to the resale
of certain kinds of sporting goods, the Council does hereby
27206
refer this item to the Law Department to prepare a proposed
amendment to Section 5.76.020 C, as recommended by the Committee
as follows after "(except furs and leather) ," delete "and";
after "scrap iron or metal," insert "and sporting protective
devices, equipment and clothing used in organized competition of
teams fielding six or more players on the contest area."
On a motion by Feenstra, seconded by Kavanagh, it was:
WHEREAS, a ballot proposal was presented to the voters
of Wayne County, in August, 1988, to authorize the levy of one
mill ($1.00 per thousand dollars of state equalized valuation) on
the taxable property within the county of Wayne for ten years,
from 1988 through 1997, for these exclusive uses
"To acquire, construct, and/or operate jail, misdemeanant, or
juvenile incarceration or detention facilities and for adult
penalty options such as work release, home detention, and
community restitution; with at least one-tenth of a mill to
acquire, build and operate a juvenile offender work/training
institution "
WHEREAS, the voters approved the proposed millage in the belief
that a 1/10th part would be used to address juvenile crime; and
Ler WHEREAS, the County Board of Commissioners has found that the
proposed establishment of a juvenile offender work/training
institution was not economically feasible; and
WHEREAS, disregarding its findings, the Board of Commissioners
has allowed the continued collection of the one-tenth mill in the
amount of over $9 million dollars; and
WHEREAS, in response to political pressure from one city, the
Board of Commissioners elected to distribute part of the
collected taxes to that city for its own use in addressing
juvenile problems; and
WHEREAS, the Board of Commissioners has ignored the plea of
local officials to distribute the balance of the funds held by
the County, for an abandoned purpose, to the local communities to
aid them in addressing juvenile problems in their communities;
and
WHEREAS, several Wayne County communities have had to curtail
juvenile assistance programs because of budgetary constraints and
could use a redistribution of collected taxes to reinstitute
services to their youth; and
WHEREAS, the Board of Commissioners continues to burden the
lbor taxpayers of Wayne County with this unwarranted taxation and,
contrary to the mandate of the voters of Wayne County, has
amended County Ordinance 91-364, thereby creating a County
controlled program funding its favored assistance programs with
the funds collected under the authority of the 1988 millage
proposal; and
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WHEREAS, the Board of Commissioners, by their actions are not
acting in compliance with the intent of the millage proposal of
1988;
NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia calls
upon the Board of Commissioners of Wayne County to do the
following:
1. Cease levying the one-tenth mill levy immediately.
2. Distribute the balance of the unused tax collected to
individual communities in Wayne County in direct proportion
of that collected upon the taxable property within their
communities, including interest earned thereon
3. That the Treasurer for the County of Wayne give an
accounting of all taxes collected under the ballot proposal
of August 1988 (1/10th mill) and advise each community of
its share under two above
On a motion by Jurcisin, seconded by McGee, it was:
RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated September 2,
1992 and submitted pursuant to Council Resolution 556-92 with
regard to a proposal to repeal a one-tenth mill levy and
Lot distribution and accounting of all taxes levied pursuant to the
ballot proposal presented to the voters of Wayne County in
August, 1988, and having also considered letters from the Mayor,
dates August 3, 1992 and September 11, 1992, with regard to this
item, the Council does hereby refer this matter to the next
Regular Meeting of September 30, 1992
A roll call vote was taken on the motion to refer with the following
result:
AYES: Jurcisin, Taylor, and McGee
NAYS: Ochala, Feenstra, Kavanagh, and Toy.
The President declared the motion denied.
A roll call vote was taken on the original resolution with the following
result:
#720-92 WHEREAS, a ballot proposal was presented to the voters
of Wayne County, in August, 1988, to authorize the levy of one
mill ($1.00 per thousand dollars of state equalized valuation) on
the taxable property within the county of Wayne for ten years,
from 1988 through 1997, for these exclusive uses:
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"To acquire, construct, and/or operate jail, misdemeanant, or
ifts juvenile incarceration or detention facilities and for adult
penalty options such as work release, home detention, and
community restitution; with at least one-tenth of a mill to
acquire, build and operate a juvenile offender work/training
institution "
WHEREAS, the voters approved the proposed millage in the belief
that a 1/10th part would be used to address juvenile crime; and
WHEREAS, the County Board of Commissioners has found that the
proposed establishment of a juvenile offender work/training
institution was not economically feasible; and
WHEREAS, disregarding its findings, the Board of Commissioners
has allowed the continued collection of the one-tenth mill in the
amount of over $9 million dollars; and
WHEREAS, in response to political pressure from one city, the
Board of Commissioners elected to distribute part of the
collected taxes to that city for its own use in addressing
juvenile problems; and
WHEREAS, the Board of Commissioners has ignored the plea of
local officials to distribute the balance of the funds held by
the County, for an abandoned purpose, to the local communities to
aid them in addressing juvenile problems in their communities;
and
WHEREAS, several Wayne County communities have had to curtail
juvenile assistance programs because of budgetary constraints and
could use a redistribution of collected taxes to reinstitute
services to their youth; and
WHEREAS, the Board of Commissioners continues to burden the
taxpayers of Wayne County with this unwarranted taxation and,
contrary to the mandate of the voters of Wayne County, has
amended County Ordinance 91-364, thereby creating a County
controlled program funding its favored assistance programs with
the funds collected under the authority of the 1988 millage
proposal; and
WHEREAS, the Board of Commi-sioners, by their actions are not
acting in compliance with the intent of the millage proposal of
1988;
NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia calls
upon the Board of Commissioners of Wayne County to do the
following
1. Cease levying the one-tenth mill levy immediately.
2 Distribute the balance of the unused tax collected to
individual communities in Wayne County in direct proportion
of that collected upon the taxable property within their
communities, including interest earned thereon.
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3 That the Treasurer for the County of Wayne give an
L accounting of all taxes collected under the ballot proposal
of August 1988 (1/10th mill) and advise each community of
its share under two above.
AYES: Taylor, Ochala, Feenstra, Kavanagh, McGee, and Toy.
NAYS: Jurcisin.
The President declared the resolution adopted.
Councilman Ochala, Chairperson of the Finance and Insurance
Committee, gave an informational report on their meeting of September 8,
1992, concerning a balanced budget for FY 92-93.
On a motion by Taylor, seconded by Jurcisin, and unanimously
adopted, it was:
#721-92 RESOLVED, that having considered the report and
recommendation of the Capital Improvement Committee, dated
September 9, 1992, in connection with the report and
recommendation of Camborne Construction Engineering, Inc. , dated
LAugust 24, 1992, the Construction Manager for the 16th District
Court Building Expansion, and having also considered Municipal
Building Authority Resolution 24-92 with regard to this project,
the Council does hereby accept the bid of Sprinkler Services
Company, 30017 W Eight Mile Road, P. 0 Box 530693, Livonia, MI
48153-0693, for landscaping and irrigation in a total amount of
$17,140.00, the same having been in fact the second lowest bid
received with respect to this project, and for the further
reasons that the second said low bidder would be in close
proximity for purposes of making repairs, as well as the City's
good prior past experience with the second low bidder in the
performance of work for the City of Livonia; FURTHER, the Council
does hereby appropriate for this purpose the sum of $17,140.00
from the Contingency Fund established for this project.
Jurcisin 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 92-3-1-5)
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.
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Feenstra gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 24 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 92-1-1-1)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the office of the City Clerk and is the same as if word for
word repeated herein. The above Ordinance was placed on the table for
consideration at the next regular meeting
Taylor gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 92-5-3-3)
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
Lor consideration at the next regular meeting.
Taylor took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND (Petition 92-3-3-2)
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, McGee, and
Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
The following people from the audience spoke regarding the
proposed change of zoning for Chili's of Michigan
27211
1 John Fleischer, 29313 Perth: He owns the property behind
the proposed restaurant He indicated it should be left
11*. vacant, or other alternatives should be looked at.
2. Tony Simari, 29345 Perth Stated there is already a lot of
traffic congestion; we don't need the addition of another
bar/restaurant.
3. Karen Paison, 29321 Perth Believes this site is not an
ideal site for a bar Is this best for all involved? She
also referred to a meeting of May 21, 1984 in which it was
stated that "this proposal will never be brought before us
again It will be zoned Office Services, which will provide
a barrier for residents against the restaurants." She asked
that they reconsider this matter
4 Annette Sivori, 29289 Perth: Addressed the hours of
operation. With the extended bar hours, the restaurant will
be open 19 hours a day School-aged children are in bed at
8 30 p.m. , and parking is inadequate.
5. Mike Sivori, 29289 Perth "I am sure you are like us . .
you take pride in your homes. Please reconsider."
6. Sharon Fleischer, 29313 Perth: Expressed the hope that the
Council would take the comments of the above into account.
Kavanagh took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 120 OF TITLE 2,
CHAPTER 04 (RULES OF THE COUNCIL) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following
result:
AYES: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, McGee, and
Toy.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Taylor, seconded by Ochala, and unanimously
adopted, it was
27212
#722-92 RESOLVED, that having considered a communication from
the City Assessor, dated August 24, 1992, approved for submission
by the Mayor, with regard to a request from Mr. David DiPonio,
29610 Puritan, 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
approve of the proposed division of Tax Item No. 46 053 02 0293
000 into two parcels, the legal descriptions of which shall read
as follows:
West 1/2 of Lot 293
Situated in the City of Livonia, Wayne County, Michigan;
COMMENCING at a T-iron stake at the Southeast corner of Lot 293
of "Supervisor's Livonia Plat No. 4" as recorded in Liber 66 of
Plats, Page 20, Wayne County records; thence along the South line
of said lot North 88°41'00" West 70.01 feet to a T-iron stake,
being the POINT OF BEGINNING of this description; thence
continuing along the South line of said lot North 88°41'00" West
70.01 feet to a T-iron stake at the Southwest corner of said lot;
thence along the West line of said lot North 01°28'52" East
293.69 feet to a T-iron stake at the Northwest corner of said
lot; thence along the North line of said lot South 88°20'38" East
70 01 feet to a T-iron stake; thence South 01°28'54" West 293 28
feet to the Point of Beginning; being the West half of Lot 293 of
"Supervisor's Livonia Plat No 4," Wayne County records, and
containing 0 472 acres (20,547 square feet)
East 1/2 of Lot 293
Situated in the City of Livonia, Wayne County, Michigan;
BEGINNING at a T-iron stake at the Southeast corner of Lot 293 of
"Supervisor's Livonia Plat No 4" as recorded in Liber 66 of
Plats, Page 20, Wayne County records; thence along the South line
of said lot North 88°41'00" West 70 01 feet to a T-iron stake;
thence North 01°28'54" East 293.28 feet to a T-iron stake; thence
along the North line of said lot South 88°20' 38" East 70.02 feet
to a T-iron stake at the Northeast corner of said lot; thence
along the East line of said lot South 01°28'56" West 292.86 feet
(recorded as 292 88 feet) to the Point of Beginning; being the
East half of Lot 293 of "Supervisor's Livonia Plat No. 4," Wayne
County records, and containing 0.471 acres (20,518 square feet).
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.
tfto On a motion by Feenstra, seconded by Taylor, and unanimously
adopted, it was:
27213
#723-92 RESOLVED, that in accordance with Section 23.01(a) of
Zoning Ordinance No 543, as amended, the Council does hereby
request that the City Planning Commission conduct a public
hearing and thereafter submit a report and recommendation on the
question of whether the following described parcels should be
rezoned from R-1 to RUF:
Lots 76B1 and 76B2, Livrance Estates Subdivision, located on
the north side of Puritan between Henry Ruff and Middlebelt;
and
Lots 287A and 287B, Supervisor's Livonia Plat No. 4, located
on the south side of Puritan between Henry Ruff and
Middlebelt.
On a motion by Jurcisin, seconded by McGee, it was:
#724-92 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated August 26,
1992, approved by the Director of Finance and approved for
submission by the Mayor, the Council does hereby authorize the
acceptance of the low quotation of Davey Tree Expert Company,
8100 Rhonda Avenue, Canton, Michigan 48187, for completing work
at unit prices included in their proposal of August 24, 1992 for
treatment of diseased sycamore roadway trees for a sum not to
exceed $56,919.28; FURTHER, the Council does hereby authorize the
said item without competitive bidding in accordance with Section
3.04. 140D5 of the Livonia Code of Ordinances, as amended; and the
Director of Public Works is hereby authorized to execute a
contract for and on behalf of the City of Livonia with the
aforesaid company 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, Taylor, Ochala, Feenstra, McGee, and Toy.
NAYS: Kavanagh
The President declared the resolution adopted.
Jurcisin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING TITLE 10, CHAPTER 84
(BICYCLES, MOPEDS, MOTORCYCLES & SIMILAR
VEHICLES) OF THE LIVONIA CODE OF ORDINANCES
BY ADDING SECTION 165 THERETO.
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.
27214
On a motion by Taylor, seconded by McGee, and unanimously
adopted, it was:
#725-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 17, 1992, which
transmits its resolution 8-431-92, adopted on August 11, 1992,
with regard to a Sign Permit Application submitted by Royal
Management Co. on behalf of Ground Round Restaurant requesting
approval to erect a ground sign on property located at 17050 S.
Laurel Park Drive, 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 Ochala, and unanimously
adopted, it was:
#726-92 RESOLVED, that having considered a letter from the
Personnel Director and the Director of Labor Relations, dated
September 11, 1992, approved by the Director of Finance and
approved for submission by the Mayor, and which transmits a
resolution adopted by the Civil Service Commission on September
10, 1992, wherein the Commission recommends that the Council
concur in a proposed three-year contract to be entered into by
and between the City of Livonia and the Police Officers
Association of Michigan in behalf of its affiliate the Livonia
ILO Police Officers Association for the period December 1, 1991
through November 30, 1994, and that the necessary amendment to
the Retirement Plan Ordinance, the Compensation Plan and changes
in certain benefits as required to effectuate this agreement be
approved, the Council does hereby refer this item to the next
Regular Meeting of September 30, 1992.
On a motion by Kavanagh, seconded by Jurcisin, and unanimously
adopted, it was:
#727-92 RESOLVED, that having considered a letter from the
Personnel Director and the Director of Labor Relations, dated
September 11, 1992, approved by the Director of Finance and
approved for submission by the Mayor, and which transmits a
resolution adopted by the Civil Service Commission on September
10, 1992, wherein the Commission recommends that the Council
concur in a proposed three-year contract to be entered into by
and between the City of Livonia and the Police Officers
Association of Michigan in behalf of its affiliate the Livonia
Police Officers Association for the period December 1, 1991
through November 30, 1994, and that the necessary amendment to
the Retirement Plan Ordinance, the Compensation Plan and changes
in certain benefits as required to effectuate this agreement be
approved, the Council does hereby refer this item to the Finance
and Insurance Committee for a report and recommendation to be
submitted prior to the next Regular Meeting of September 30,
1992.
27215
McGee made the following disclosure respecting a conflict of interest on
this matter:
Madam President, I have previously disclosed the existence
of a conflict of interest with respect to this matter, and I
therefore will abstain from any consideration of this agenda
item. I refer to 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 9:22 p m.
On a motion by Taylor, seconded by Feenstra, it was:
#728-92 RESOLVED, that having considered a communication from
Charles G. Tangora of the law firm of Brashear, Tangora and
Spence, submitted in behalf of Mr Stuart Gorelick of Center
Stage Productions, Ltd. (George Burns Theatre) wherein a request
is submitted for approval of a Class C liquor license to be
located at the George Burns Performing Arts Theatre, which is
located at the northeast corner of Plymouth Road and Farmington
Road, Livonia, Michigan, Wayne County, the Council does hereby
take this means to advise the Liquor Control Commission that the
City Council denies the said request and would not recommend that
the said application be approved by the Michigan Liquor Control
Commission for the following reasons:
1) The City of Livonia is reserving its remaining Class C
Liquor Licenses for full-service restaurants;
2) The City has seven (7) Class C Liquor Licenses yet to be
issued under its quota and it is in the best interest of the
City of Livonia that these few remaining Class C Liquor
Licenses be used in connection with the planned development
for the 1-275/1-96 corridor, which development will attract
other businesses and tourism to the area;
3) The City has sixty (60) Class C Quota Licenses currently in
the system. Most of those applications are for full service
restaurants;
4) The George Burns Theatre has scheduled theatrical events for
approximately only 93 days out of 365 days for its first
season The City would prefer not to use up a Quota Class C
Liquor License for this type of part-time sale of alcoholic
beverages;
5) The City believes the George Burns Theatre will be an asset
to the City providing legitimate entertainment for the west
side of the Detroit Metropolitan Area The theatre would
draw restaurant business to that area and the City Council
would prefer to issue its quota licenses for the development
of the spin-off restaurant business; and
27216
6) The facility in which the proposed license will be utilized
in connection with is a major business attraction and, more
specifically, a tourism attraction and, therefore, more
appropriately should qualify for a Resort C Liquor License
than a conventional Class C Liquor License;
and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control
Commission.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jurcisin, Taylor, Ochala, Feenstra, Kavanagh, and Toy
NAYS: None
The President declared the resolution adopted.
McGee returned to the podium at 9:25 p.m
On a motion by Jurcisin, seconded by Ochala, and unanimously
adopted, it was:
#729-92 RESOLVED, that having considered a communication from
the Chairman of the Livonia Arts Commission, dated September 3,
1992, 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 an $800.00 donation from Midwest
Guaranty Bank, the purpose of which is to cover cost of promotion
and production of the Michigan Opera Theatre' s performance of
"Broadway Ala Carte" at the Civic Center Library on October 9,
1992.
On a motion unanimously introduced, seconded and adopted, it was:
#730-92 WHEREAS, the City of Livonia recognizes the importance
of drug abuse education for our children, and
WHEREAS, the D.A.R E. Program, Drug Abuse Resistance Education,
through the Livonia Police Department and Livonia Public Schools
has been extremely successful in helping our children not only
avoid the hazards and dangers of drug use but also in building
the self-esteem of each student in the D.A.R.E. classes, and
WHEREAS, the D.A R.E. Program is conducting a bottle and can
drive at each grocery store in the City of Livonia from September
25th through October 4th to help fund this needed and successful
tr. program in our schools, and
27217
WHEREAS, each of us urges you to return your bottles and cans
110. September 25th through October 4th to your local Livonia grocer:
Farmer Jack's, Kroger's, Danny's, Larry's Foodland, Food
Emporium, Stan's, and LaRose's, and drop your receipts for your
deposits in the D A R.E. box to help our kids.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council
hereby resolve and declare September 25th through October 4th as
D.A.R.E. Days in the City of Livonia and urge the cooperation and
participation of all Livonia's citizens to help continue the work
of our D.A R.E. Program by donating the receipts from your bottle
and can returns at your local grocer during D.A R.E Days
On a motion by Taylor, seconded by McGee, and unanimously
adopted, it was:
#731-92 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so
as to permit consideration of several items that do not appear on
the agenda
On a motion by Ochala, seconded by Kavanagh, and unanimously
adopted, it was:
#732-92 RESOLVED, that having considered a communication from
the Mayor, dated September 15, 1992, the Council does hereby
determine to conduct a public hearing on Monday, October 12,
1992, at 8 00 p m. at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items:
1. The proposed annual budget for the City of Livonia for the
fiscal year commencing December 1, 1992, and
2. The public hearing required by Act 5 PA 1982, in connection
with the Truth in Taxation hearing;
and the City Clerk shall give adequate public notice of said
public hearing in accordance with provisions of law and City
Charter.
Audience Communication:
On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#733-92 RESOLVED, that the Council does hereby request that the
Traffic Commission authorize the posting of "No Parking" signs on
the "T" turnaround where Pershing intersects with Curtis Avenue
right-of-way.
27218
On a motion by Taylor, seconded by Ochala, and unanimously
16 adopted, this 1,232nd Regular Meeting of the Council of the City of Livonia
was adjourned at 9:30 p.m , September 16, 1992.
u-a/y1
Jt.n McCotter, City Clerk
16