HomeMy WebLinkAboutCOUNCIL MINUTES 1992-05-13 27015
MINUTES OF THE ONE THOUSAND TWO HUNDRED AND TWENTY-FOURTH
REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA
On May 13, 1992, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan and was called to order by the
Vice President of the Council at 8 08 p m. Councilman Kavanagh delivered
the invocation.
Roll was called with the following result: Sean P. Kavanagh,
Michael P. McGee, Dale A Jurcisin, Gerald Taylor, Fernon P. Feenstra, and
Ron Ochala. Absent: Laura M. Toy (illness).
Elected and appointed officials present: Robert D. Bennett,
Mayor; Harry Tatigian, City Attorney; Joan McCotter, City Clerk; Raul
Galindo, City Engineer; John Nagy, Planning Director; and Karen A. Szymula,
Director of Legislative Affairs
IrmoOn a motion by Taylor, seconded by Jurcisin, and unanimously
adopted, it was:
##371-92 RESOLVED, that the minutes of the 1,223rd Regular
Meeting of the Council of the City of Livonia, held April 29,
1992, are hereby approved as submitted.
On a motion unanimously introduced, seconded and adopted, it was:
#372-92 WHEREAS, JUDGE JOSEPH PERNICK, a veteran Wayne County
Probate Judge and advocate for the the deaf and handicapped,
recently passed away at the age of 67; and
WHEREAS, JUDGE JOSEPH PERNICK, whose own hearing was
normal, used sign language to communicate with deaf-mute parents
while growing up in Highland Park; and
WHEREAS, as a lawyer he helped persuade postal
officials to hire deaf people and after becoming a judge helped
to develop training for courtroom interpreters for the deaf, as
well as encouraged the admission of deaf students to law school;
and
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WHEREAS, JUDGE PERNICK, a Democrat, held the
ihrs
distinction of having been appointed by governors from both
parties, Democratic Governor John Swainson having appointed him
to the Detroit Court of Common Pleas in 1962 and Republican
Governor George Romney having appointed him to the Wayne County
Probate Court in 1968; and
WHEREAS, with nearly 24 years of service, he was a
former Chief Judge and the longest serving judge in Wayne County
Probate Court history; and
WHEREAS, JUDGE PERNICK served on the board of several
state and national agencies for the deaf, the Epilepsy Center of
Michigan, Botsford Hospital, Jewish National Fund and was a 33rd
Degree Mason; and
WHEREAS, this long-time Livonia resident, a kind,
compassionate and generous man, will be sorely missed by his
family, friends, associates and by the community at large
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia joins with Mayor Robert D Bennett in recording its
deep sorrow on the passing of this highly respected judge and
friend and join with his family and the community in mourning
the loss of JUDGE JOSEPH PERNICK.
David Rago, 34188 Navin, Livonia, MI 48152 spoke during the
audience communication portion of the meeting requesting that the City
Council pass a resolution opposing the new area code designations in
Livonia.
A communication from the Department of Finance, dated April 24,
1992, re: various financial statements of the City of Livonia for the
month ending March 31, 1992, was received and placed on file for the
information of the Council.
At the direction of the Chair, Item #29 was removed from the
Agenda and is to be scheduled on the next Regular Meeting, and Item #11 was
removed from the Consent Agenda.
On a motion by Taylor, seconded by Jurcisin, it was:
A communication from the Mayor, dated April 28, 1992, re:
Council Resolution 327-92 - Status of Red Phone Emergency Alert System,
was received and placed on file for the information of the Council.
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#373-92 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated April 23, 1992, wherein
it is requested that a fee of 3 cents per name be established
with respect to the category of Voting History list (to be
increased from 1/2 cent per name), the Council does hereby concur
in and approve of such action.
#374-92 RESOLVED, that having considered a communication from
the City Clerk, dated April 29, 1992, which indicates that the
proprietor of Cane Woods Subdivision, located on the north side
of Seven Mile Road between Gill Road and Gary Lane in the
Southwest 1/4 of Section 4, 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 April 20,
1992, wherein said Commission approves the final plat for the
said subdivision in its resolution 4-358-92, adopted on April 14,
1992; and the Council having considered a report from the City
Engineer, dated April 3, 1992, recommending approval of the final
plat of said subdivision, the preliminary plat of which was
approved by the Council in its resolution 788-91, adopted on
October 9, 1991, said preliminary plat having been recommended
for approval by the City Planning Commission on April 30, 1991 in
its resolution 4-80-91; NOW, THEREFORE, the Council does hereby
determine to grant its approval to the final plat of Cane Woods
Subdivision, located in the Southwest 1/4 of Section 4, City of
liw
Livonia, Wayne County, Michigan, as submitted by the proprietor
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
#375-92 WHEREAS, the City Council having duly met and reviewed
the special assessment levied on the Special Assessment Roll as
prepared by the City Assessor to cover the district portion of
the cost of a street lighting improvement consisting of the
installation of 100 watt high pressure sodium lights on colonial
post top poles for the Pine Cove Estates Subdivision, located in
the Southeast 1/4 of Section 36, T. 1S. , R. 9E. , City of Livonia,
Wayne County, Michigan, improvements to be constructed in the
Special Assessment District No. 362, and all owners of record of
property subject to the special assessments having submitted in
writing a "waiver of notice and proceedings" in accordance with
Section 3 08.310 of the Livonia Code of Ordinances, as amended,
and after careful consideration having been given to all such
matters, the Council does hereby, pursuant to Section 3.08.080 of
said code determine as follows:
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NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine to install 100 watt high pressure sodium street lights
on colonial post top poles for the Pine Cove Estates Subdivision,
located in the Southeast 1/4 of Section 36, and that the
assessments set forth in said Special Assessment District No.
362 Roll are fair and equitable and based upon benefits derived
in said district, in accordance with the plans of the City
Engineer and resolutions of the City Council; said Special
Assessment Roll No. 362 based on installation of 100 watt high
pressure sodium lights on colonial post top poles is hereby
approved and confirmed in all respects; pursuant to the
provisions of Section 3.08.130 of the Livonia Code of Ordinances,
as amended, the City Clerk shall endorse the date of confirmation
on the Assessment Roll, and the assessment roll shall then be
immediately transmitted to the City Treasurer who shall take such
further action as set forth in Title 3, Chapter 8 of the Livonia
Code of Ordinances, as amended, and the City Clerk is hereby
authorized to transmit the proper street lighting order to the
Detroit Edison Company on forms provided by them for this
purpose.
FURTHER, the Council does hereby authorize and request the City
Clerk to make application to the Detroit Edison Company and to
execute a Municipal Street Lighting Agreement for the
installation of the aforesaid street lighting and does also
appropriate and authorize the expenditure of a sum not to exceed
Iwo $3,200 00 from the cash payment posted by the developer with
respect to this subdivision for this purpose
#376-92 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated April 1, 1992, concurred and approved by the Mayor, and
submitted pursuant to Council Resolution 138-92 with regard to a
proposal to relocate the fence in front of the Fox Creek
Clubhouse so as to provide access to the east side of the
adjoining park, and wherein it is recommended that the said fence
be removed from the area of the entrance drives across the front
of the parking lot (as per attached plan), the Council does
hereby authorize the preparation of specifications and thereafter
the taking of competitive bids with respect to this project in
accordance with the attached plan and in accordance with
provisions of law and City ordinance.
#377-92 RESOLVED, that having considered a letter from the Race
Directors of the RoadRunner Classic, dated March 29, 1992, and
the report and recommendation of the Superintendent of Parks and
Recreation, dated April 9, 1992, approved for submission by the
Mayor, the Council does hereby approve and authorize the annual
RoadRunner Classic race to be held on July 25, 1992, which race
would start on Stark Road, south of Lyndon, south on Stark Road
to the Jeffries service drive, west on the service drive to Levan
Road, north on Levan to Lyndon, east on Lyndon to Fairlane, north
on Fairlane to Five Mile, east on Five Mile to Farmington Road,
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south on Farmington Road to Lyndon and west on Lyndon to Stark
and then finish; FURTHER, the Council does hereby require that
the sponsor of this race shall bear the cost of the Division of
Police providing its services with respect to this event.
#378-92 RESOLVED, that the Council does hereby refer to the
Streets, Roads and Plats Committee for its report and
recommendation a proposed change, commencing in 1993, with
respect to the route and course of the RoadRunner Classic
sponsored by the Redford RoadRunners which is annually conducted
in the City of Livonia.
#379-92 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated April 7, 1992, which
bears the signature of the Director of Finance and is approved
for submission by the Mayor, as well as a letter submitted as an
addendum from the Fire Chief, dated April 16, 1992, the Council
does hereby authorize the renewal of the annual service contract
between the Fire Department and the Physio-Control Corporation,
11811 Willows Road Northeast, Post Office Box 97048, Redmond, WA
98073-9748, for the regular maintenance on the Fire Department's
five EMT-D defibrillators, for a total cost of $3,696 00;
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.
#380-92 RESOLVED, that having considered a communication from
the Water and Sewer Board, dated April 14, 1992, approved by the
Director of Finance, approved for submission by the Mayor, which
transmits its resolution WS 2961 4/92, the Council does hereby
accept the unit price bid of Etna Supply Company, 529 32nd
Street, S.E. , Grand Rapids, Michigan 49548, for supplying the
Public Service Division (Water Maintenance Section) with copper
water tubing for a total price of $8,160.00, the same having been
in fact the lowest bid received and meets all specifications.
#381-92 RESOLVED, that having considered a communication from
the Department of Law, dated April 24, 1992, approved by the City
Engineer and Finance Director and approved for submission by the
Mayor, the Council does hereby authorize the Department of Law to
acquire right-of-way at 34234 West Seven Mile Road, owned by
Helen Constantine described as follows:
The south 60 feet of the following described parcel:
Part of the S.E. 1/4 of Section 4, T.1S. , R.9E. , City of
Livonia, Wayne County, Michigan, commencing at the South 1/4
corner of Section 4; thence N. 89°54'30" East 249.32 ft.
along the South line of Section 4 to the Point of Beginning;
thence N. 00°10'55" East 338.16 ft. ; thence S. 89°49'05"
East 204.80 ft. ; thence S. 00°10'55" East 337.18 ft. to the
South line of Section 4; thence S. 89°49'05" West 204.80 ft.
to the Point of Beginning
(Seven Mile Road Right-of-Way)
016-99-0010-000
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subject to the following conditions:
(1) that the purchase price shall be in the sum of $5,000;
(2) that the City of Livonia shall pay for the cost of
title work in the sum of $150;
(3) that the City's portion of the prorated City, County,
County Drain, School and Community College taxes shall
be in a sum not to exceed $250.
BE IT FURTHER RESOLVED, that a sum not to exceed $5,400 is hereby
authorized to be expended from the 12 Million Dollar Obligation
Road Improvement Bond Issue approved by the electorate in 1989,
for the acquisition of said Seven Mile Road right-of-way; and the
City Clerk is hereby requested to do all things necessary or
incidental to the full performance of the resolution.
0382-92 RESOLVED, that having considered a communication from
the Department of Law, dated April 22, 1992, approved by the City
Engineer and Finance Director and approved for submission by the
Mayor, the Council does hereby authorize the Department of Law to
acquire right-of-way at 34320 West Seven Mile Road, owned by
Southeastern Michigan Management Company described as follows:
The south 60 feet of the following described parcel
Part of the S E 1/4 of Section 4, T.1S. , R.9E. , City of
Livonia, Wayne County, Michigan, beginning at the South 1/4
corner of said Section 4; thence N. 00°10'55" East 339 35
ft along the North and South 1/4 line; thence S 89°49'05"
East 249.32 ft ; thence S. 00°10'55" West 338.16 ft. to the
South line of Section 4; thence S 89°54'30" West 249 32 ft.
to the Point of Beginning except the West 43 ft thereof
(Seven Mile Road Right-of-Way)
016-99-0009-001
subject to the following conditions:
(1) that the purchase price shall be in the sum of $5,000;
(2) that the City of Livonia shall pay for the cost of title
work in the sum of $150;
(3) that the City's portion of the prorated City, County,
County Drain, School and Community College taxes shall
be in a sum not to exceed $250.
BE IT FURTHER RESOLVED, that a sum not to exceed $5,400 is hereby
authorized to be expended from the 12 Million Dollar Obligation
Road Improvement Bond Issue approved by the electorate in 1989,
for the acquisition of said Seven Mile Road right-of-way; and the
City Clerk is hereby requested to do all things necessary or
incidental to the full performance of the resolution
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#383-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 6, 1992, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, and to which is attached a copy of a
proposed agreement between the Michigan Department of
Transportation and the City of Livonia regarding the resurfacing
of Plymouth Road from Newburgh to Inkster, the total cost of
which project is estimated to be $2,258,000, with the City of
Livonia's cost of participation being estimated to be $282,000,
the Council does hereby authorize the Mayor and City Clerk for
and on behalf of the City of Livonia to execute the said
agreement, as well as to do all things necessary or incidental to
the full performance of this resolution; FURTHER, the Council
does hereby appropriate and authorize the expenditure of a sum
not to exceed $282,000 from the Michigan Transportation Fund
(Major Road Account) Issue to cover the City's share of this
project
#384-92 RESOLVED, that having considered a communication from
the City Engineer, dated April 9, 1992, approved for submission
by the Mayor, to which is attached a list of sidewalks requiring
installation within the City of Livonia, said list being included
herein by reference, and for the reasons stated, the Council does
hereby require the respective owners of lots and premises
referred to in said list to install sidewalk at such premises, to
carry out the provisions of this resolution which is made
pursuant to Title 12, Section 340 of the Livonia Code of
Ordinances, as amended; FURTHER, said notice shall set forth that
the respective owners of lots and premises herein referred to
shall complete said sidewalk work no later than August 1, 1992,
after which date the Engineering Department shall arrange for the
construction of the said sidewalks
#385-92 RESOLVED, that the Council does hereby request that the
Engineering Department submit a report and recommendation with
regard to a proposal to construct sidewalks on Newburgh Road
which would extend south on Newburgh to Ann Arbor Trail and
thereafter north on Newburgh to the Senior Citizen Housing
Complex.
#386-92 RESOLVED, that having considered a letter from the
President of the Livonia Cultural League and the President of the
Livonia Symphony Orchestra, dated April 22, 1992, wherein a
request is submitted for the waiver of greens fees and for
permission to use the Whispering Willows Golf Course on
Wednesday, July 1, 1992, for conducting the second "Chip in for
the Arts Golf Benefit' fund raiser (excluding golf carts), the
Council does hereby approve of and concur in this request in the
manner and form herein submitted.
Lin #387-92 RESOLVED, that the Council does hereby refer to the
Finance Director for tracking purposes the matter of the loss of
revenues by reason of the waiver of greens fees for the use of
Whispering Willows Golf Course on July 1, 1992 for the "Chip in
for the Arts Golf Benefit" fund raiser
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#388-92 RESOLVED, that having considered letters from the
Fireworks Coordinator of Friendly Franks Wade Shows, dated April
29, 1992 and April 30, 1992, wherein a request is submitted for a
fireworks display permit, pursuant to 1968 P.A. 358, for a
fireworks display to be held at Schoolcraft College on Saturday,
May 30, 1992, Sunday May 31, 1992, Saturday, June 6, 1992, and
Sunday, June 7, 1992 at 10:00 p.m. each night, the Council does
hereby approve of the fireworks display in the manner and form
herein requested, subject to liability insurance in the amount of
$1,000,000.00 being provided for this event; FURTHER, the
approval herein is conditioned upon completion of the fireworks
display by no later than 10:45 p.m.
#389-92 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 Monday, June 22, 1992, at 7:30
p.m. , at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, with respect to the following item:
Petition 92-2-1-3, submitted by Kim J. Hahn for a change of
zoning on property located on the north side of Clarita
Avenue between Melvin Avenue and Middlebelt Road in the
Northeast 1/4 of Section 11, from R-5 to R-2, the City
Planning Commission in its resolution 4-354-92 having
recommended to the City Council that Petition 92-2-1-3 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 amendment to the Zoning Ordinance, and/or
(b) location of the proposed change 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: Kavanagh, McGee, Jurcisin, Taylor, Feenstra, and Ochala.
NAYS: None.
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On a motion by Feenstra, seconded by Jurcisin, and unanimously
adopted, it was:
#390-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 6, 1992, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, and which is submitted pursuant to
Council Resolutions 1098-90 and 337-91 relative to drainage
problems near Floral and Lathers, at the rear of certain
properties located on Doris Lane, north of Six Mile, as well as
with respect to other drainage complaints from various areas of
the City, the Council does hereby authorize the Engineering
Department to prepare plans and specifications and, thereafter,
arrange for the taking of bids for a miscellaneous storm sewer
program, which program will consist of installing storm sewers at
the ten (10) locations considered for storm sewer extensions as
indicated in the aforesaid communication and on the attached
maps, the cost of which is estimated to be in the amount of
$105,500.00; FURTHER, the Department of Law and the Engineering
Department are authorized to obtain the easements required in
order to proceed with the aforesaid program and to proceed in the
order in which the easements are obtained.
Feenstra gave first reading to the following Ordinance:
LAN ORDINANCE AMENDING SECTION 20 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 91-12-1-22)
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 17 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. lPETITION 91-12-1-23)
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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Taylor gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 6 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 91-12-1-24)
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 92-2-3-1 )
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.
On a motion by Taylor, seconded by Jurcisin, it was:
#391-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 21, 1992, which
transmits its resolution 3-355-92, adopted on April 14, 1992,
with regard to Petition 92-3-2-10, submitted by Phar-Mor of
Virginia, Inc. , requesting waiver use approval to utilize an SDM
license for a proposed Phar-Mor store to be located on the south
side of Seven Mile Road between Middlebelt and Melvin in the
Northeast 1/4 of Section 11, which property is zoned C-2, the
Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 92-3-2-10 is hereby approved and
granted, subject to the following conditions:
1) That the Site Plan dated 7-25-91 marked Sheet 1 prepared by
MM/A Associates Incorporated, which is hereby approved shall
be adhered to;
2) That the Building Elevation Plan dated 9-5-91 marked Sheet
A-9 prepared by Ronald J McGraw, Architect, which is hereby
approved shall be adhered to;
3) That the window signage be restricted to 25% of the window
space; and
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4) Deliveries to the store are restricted to hours between 8:00
a.m. and 5:00 p m. , Monday through Saturday, with no
deliveries on Sunday.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, and Ochala.
NAYS Feenstra.
The Vice President declared the resolution adopted.
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was:
#392-92 RESOLVED, that having considered a letter from the
Office Administrator of American Family Care, located at 19900
Haggerty Road, Suite 4, Livonia, Michigan 48152, wherein a
request is submitted for the waiver of the $74.10 charge set
forth in an invoice dated October 3, 1989 for reserve police
services rendered during the month of August, 1989, the Council
does hereby reject and deny this request
On a motion by Jurcisin, seconded by Taylor, and unanimously
adopted, it was:
#393-92 RESOLVED, that having considered a letter from the
Executive Director of the Michigan Municipal League, dated April
13, 1992, with respect to the City's Michigan Municipal League
dues for 1992-93, the Council does hereby authorize, upon receipt
of an appropriate dues invoice, the payment of same from monies
budgeted for this purpose with respect to the City's annual dues
for the period July 1, 1992 through June 30, 1993, in a total
amount of $9,041.00, which sum includes a 1992-93 Environmental
Affairs assessment of $1,180 92, but which does not include the
payment of $800.00 as Legal Defense Fund dues
On a motion by Kavanagh, seconded by McGee, it was:
#394-92 RESOLVED, that having considered a communication from
the Mayor, dated April 16, 1992, submitted pursuant to Section
2.48.020 of the Livonia Code of Ordinances, as amended, with
regard to the reappointment of Mr. Clarence R. (Bud) Charest,
17809 Loveland, Livonia, Michigan 48152, as a member of the Local
Officers Compensation Commission for a term which shall expire on
April 2, 1999, the Council does hereby confirm the reappointment
of Mr. Charest; and it is further provided that he take the oath
of office as required in Chapter X of Section 2 of the City
Charter, to be administered by the office of the City Clerk.
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A roll call vote was taken on the foregoing resolution with the following
lieresult:
AYES: Kavanagh, McGee, Jurcisin, Taylor, and Ochala.
NAYS: Feenstra.
The Vice President declared the resolution adopted
On a motion by Jurcisin, seconded by McGee, and unanimously
adopted, it was:
#395-92 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated February 21, 1992, and
the report and recommendation of the Chief of Police, dated April
23, 1992, the Council does hereby approve of the request from
Merri-Bowl Bar, Inc for a new entertainment permit and direct
connection (without dressing rooms) in conjunction with 1991
Class C licensed business with dance permit, located at 30950
Five Mile Road, Livonia, Michigan 48154, Wayne County; and the
City Clerk is hereby requested to forward a certified copy of
this resolution to the Michigan Liquor Control Commission.
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was:
#396-92 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 24, 1992,
approved for submission by the Mayor, and submitted pursuant to
Council Resolution 507-90, with regard to the proposed sale of
certain city-owned property described as the north 22 feet of Lot
8, except the west 70 feet, of Horton's Newburgh Subdivision
(9717 Newburgh), the Council does hereby authorize the sale of
the north 22 feet (by 200 feet) of Lot 8, except the west 70
feet, of Horton's Newburgh Subdivision to Tom and Devon Eidson,
9721 Newburgh, Livonia, Michigan 48150, for a purchase price of
$3,000.00, which sale is conditioned upon the purchaser providing
any title work as may be required for this transaction, the
action herein being taken in accordance with Section 3.05.090A of
the Livonia Code of Ordinances; 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.
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On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was:
#397-92 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 28, 1992,
approved for submission by the Mayor, and submitted pursuant to
Council Resolution 746-91 in connection with a letter from John
F. Mufarreh, 36332 Whitcomb, Livonia, Michigan 48154, dated
August 30, 1991, wherein he has indicated an interest in the
purchase of certain City-owned property located at 9627 Newburgh,
37410 Ann Arbor Trail, 37414 Ann Arbor Trail, and 9717 Newburgh,
Livonia, Michigan, the Council does hereby determine to take no
further action.
On a motion by Taylor, seconded by Jurcisin, it was:
RESOLVED, that having considered the report and
recommendation of the Department of Law, dated April 28, 1992,
approved for submission by the Mayor, and submitted pursuant to
Council Resolution 746-91 in connection with a letter from John
F Mufarreh, 36332 Whitcomb, Livonia, Michigan 48154, dated
August 30, 1991, wherein he has indicated an interest in the
purchase of certain City-owned property located at 9627 Newburgh,
37410 Ann Arbor Trail, 37414 Ann Arbor Trail, and 9717 Newburgh,
Livonia, Michigan, the Council does hereby authorize the taking
lim of competitive bids in accordance with Section 3 05.080 of the
Livonia Code of Ordinances, as amended, with respect to the
proposed sale of Lot 8, except the north 22 feet and except the
west 70 feet, of Horton's Newburgh Subdivision (9717 Newburgh),
and Lots 1, 2 and 3 of Horton's Newburgh Subdivision (9627
Newburgh, 37410 and 37414 Ann Arbor Road)
On a motion by Feenstra, seconded by Jurcisin, it was:
RESOLVED, that the City Council does hereby determine,
in lieu of the foregoing resolution, to substitute the following:
RESOLVED, that the City Council does hereby request
that the City Planning Commission, in accordance with Section
23.01(a) of Zoning Ordinance 543, conduct a public hearing and
thereafter submit a report and recommendation on the question of
whether Lot 8, except the north 22 feet and except the west 70
feet, of Horton's Newburgh Subdivision should be rezoned to an
appropriate zoning classification compatible with the zoning
classification of Lots 1, 2 and 3 of Horton's Newburgh
Subdivision
A roll call vote was taken on the motion to substitute as follows:
Lis AYES Kavanagh, McGee, Jurcisin, Taylor, Feenstra, and Ochala.
NAYS: None
The Vice President declared the resolution to substitute adopted
27028
On a motion by Feenstra, seconded by Jurcisin, it was:
#398-92 RESOLVED, that the City Council does hereby request
that the City Planning Commission, in accordance with Section
23 01(a) of Zoning Ordinance 543, conduct a public hearing and
thereafter submit a report and recommendation on the question of
whether Lot 8, except the north 22 feet and except the west 70
feet, of Horton's Newburgh Subdivision should be rezoned to an
appropriate zoning classification compatible with the zoning
classification of Lots 1, 2 and 3 of Horton's Newburgh
Subdivision
A roll call vote was taken on the substitute resolution with the following
result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, Feenstra, and Ochala.
NONE: None.
The Vice President declared the substitute resolution adopted.
On a motion by Jurcisin, seconded by Taylor, and unanimously
adopted, it was
#399-92 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 10, 1992, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, the Council does hereby accept the unit
price bid of Cadillac Asphalt Paving, 27575 Wixom Road, P.O. Box
817, Novi, MI 48050, for the Wadsworth and Stark Road Street
Improvement Project, for the estimated total cost of $185,503.00,
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 appropriate the sum or $141,503.00 for the Wadsworth
paving from the $12 Million General Obligation Road Improvement
Bond Issue with the provision 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
also appropriate the sum of $44,000.00 for Stark Road from the
Michigan Transportation Fund (Major 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.
27029
On a motion by Taylor, seconded by Feenstra, it was:
#400-92 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated February 25, 1992 on all matters
required by Section 3.08.060 of the Livonia Code of Ordinances,
as amended, and a first public hearing having been held thereon
on April 22, 1992, after due notice as required by Section
3.08.070 of said Code, and after careful consideration having
been given to all such matters, the Council does hereby, pursuant
to Section 3.08.080 of said Code:
(1) accept and approve said statement in all respects;
(2) determine to make the road improvement consisting of the
placement of approximately 4" of asphalt over existing
roadway, approximately 20 - 22 feet wide, (Alternate IV) on
Grove, west of Merriman Road in the Northeast 1/4 of Section
15, T. 1S. , R.9E. , City of Livonia, Wayne County, Michigan,
as described in said statement; and to defray the cost of
such improvement by special assessment upon the property
especially benefited in proportion to the benefits derived
or to be derived;
(3) approve the plans and specifications for said improvement as
set forth in said statement dated February 25, 1992;
(4) determine that the estimated cost of such improvement is
$36,594.76;
(5) determine that the cost of said improvement shall be paid
for in part by special assessments on the property benefited
thereby and in part by the City at large, in proportions
thereafter established;
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall be 15% of
paving ($4,022 96) and 100% of drainage ($9,775.00) and that
the balance of said cost and expense of said public
improvement amounting to 85% of paving ($22,796.80) shall be
borne and paid by special assessments on all lands and
premises in the special assessment district as herein
established in proportion to the benefits to be derived
therefrom;
(7) determine that assessments made for such improvement may be
paid in ten (10) annual installments together with interest
thereon on the unpaid balance;
(8) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows:
27030
A Special Assessment District in the N E. 1/4 of
Section 15, T.S.R.9E. , City of Livonia, Wayne County,
Michigan, described as containing the property listed
on the attached Special Assessment Roll and shown on
the attached Special Assessment District Map.
(9) that the City Assessor is hereby directed to prepare a
special assessment roll including all lots and parcels of
land within the above district designated by the Council and
to assess to each such lot or parcel of land such relative
portions of the whole sum to be levied against all lands in
the special assessment district as the special benefits to
such lots or parcels of land bear to the total benefit of
all land and also to enter upon such roll the amount which
has been assessed to the City at large, all in accordance
with the determination of the City Council; and
(10) that upon the completion of said roll the City Assessor
shall attach thereto the certificate required by the
provisions of Section 3.08.100 of the Livonia Code of
Ordinances, as amended, of the City of Livonia and file
the same with the City Clerk who thereupon is directed
to present the same to the City Council prior to the
holding of the second public hearing thereon as
required by Section 3.08 110 of the said Code.
lim A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jurcisin, Taylor, Feenstra, and Ochala.
NAYS: Kavanagh and McGee.
The Vice President declared the resolution adopted.
On a motion by Jurcisin, seconded by Feenstra, and unanimously
adopted, it was:
0401-92 RESOLVED, that having considered a communication from
the Director of Community Resources, dated April 22, 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 memorial donations in the amount of $406.00 in
the name of Steve Sowa, the said amount to be appropriated and
credited to Account No. 702-000-285-215 for use in the Livonia
Youth Assistance Program.
On a motion by Taylor, seconded by Feenstra, and unanimously
Iwo adopted, it was:
27031
#402-92 RESOLVED, that having considered a communication from
lim the Director of Community Resources, dated April 22, 1992,
approved by the Finance Director and approved for submission by
the Mayor, the Council does hereby accept a cash donation in the
amount of $27.50 from Livonia Towne Club, the same to be
appropriated and credited to Account No. 702-000-285-215 for use
in the Livonia Youth Assistance Program.
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was:
#403-92 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 Jurcisin, seconded by Taylor, it was:
#404-92 WHEREAS, the City Clerk has received an Application for
Industrial Facilities Exemption Certificate from Ford Motor
Company - Livonia Transmission Plant, dated March 11, 1992,
covering new industrial facilities to be located within City of
Livonia Industrial Development District No 1; and
WHEREAS, the City Clerk has notified in writing the Assessor of
the City of Livonia as well as the legislative body of each
taxing unit which levies ad valorem property taxes in the local
governmental unit in which the proposed facility is to be
located, i e , the City of Livonia, and advised each of them that
the said Application has been received; and
WHEREAS, the City Council has afforded Ford Motor Company -
Livonia Transmission Plant, the Assessor, and a representative of
each of the affected taxing units an opportunity for a hearing on
this Application and said hearing having in fact been conducted
at 7:30 p.m. , Wednesday, May 6, 1992, at the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Livonia as
follows:
1. That the City Council, on the basis of the information
received from the applicant, Ford Motor Company - Livonia
Transmission Plant, finds and determines: (a) that the
granting of this industrial facilities exemption certificate
shall not have the effect of substantially impeding the
operation of the local governmental unit or impairing the
financial soundness of any taxing unit which levies an ad
valorem property tax in the local governmental unit in which
the facility is to be located; and (b) the applicant has
fully complied with the requirements of Section 9, Act No.
198, P.A. 1974 (or Act 255 of P.A 1978), as amended.
27032
2. That the City Council hereby approves the Application for
lie Industrial Facilities Exemption Certificate from Ford Motor
Company - Livonia Transmission Plant covering new industrial
facilities to be located within the City of Livonia
Industrial Development District No. 1, for 12 years.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kavanagh, McGee, Jurcisin, Taylor, and Feenstra.
NAYS: Ochala
The Vice President declared the resolution adopted
On a motion by Feenstra, seconded by McGee, and unanimously
adopted, it was:
#405-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 9, 1992, which sets
forth its resolution 2-219-92, adopted on February 25, 1992, with
regard to Petition 92-1-1-1, submitted by T. Rogvoy Associates,
Inc for Chili's of Michigan, for a change of zoning on property
located on the east side of Middlebelt Road, north of Schoolcraft
ibi Road in the Southwest 1/4 of Section 24 from OS to C-2, and the
Council having conducted a public hearing with regard to this
matter on May 6, 1992, pursuant to Council Resolution 268-92, the
Council does hereby refer this item to the Committee of the Whole
for its report and recommendation
On a motion by Taylor, seconded by Feenstra, and unanimously
adopted, it was:
#406-92 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 9, 1992, which sets
forth its resolution 2-222-92, adopted on February 25, 1992, with
regard to Petition 91-12-6-1, submitted by the City Planning
Commission on its own motion to determine whether to amend
Section 18.42 of the Zoning Ordinance so as to provide for
additional standards regarding satellite dish type antennas, and
the Council having conducted a public hearing with regard to this
matter on May 6, 1992, pursuant to Council Resolution 268-92, the
Council does hereby concur in the recommendation of the Planning
Commission and the said Petition 91-12-6-1 is hereby approved and
granted; and the Department of Law is requested to prepare an
ordinance amending Ordinance 543, as amended, in accordance with
this resolution
1110 No one wished to speak during the audience communication portion
at the end of the meeting.
27033
On a motion by Taylor, seconded by Jurcisin, and unanimously
lbwadopted, this 1,224th Regular Meeting of the Council of the City of Livonia
was adjourned at 9:02 p.m. , May 13, 1992.
s- u 11) -114A 6Cti
Jo n McCotter, City Clerk
lis
La