HomeMy WebLinkAboutCOUNCIL MINUTES 1989-09-06 25223
MINUTES OF THE ONE THOUSAND ONE HUNDRED AND SIXTIETH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On September 6, 1989, 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 8:05 P.M Councilwoman McCotter delivered the invocation.
Roll was called with the following result Present: Fernon P Feenstra,
Laura Toy, Robert R Bishop, Joan McCotter, Gerald Taylor, Ron Ochala and Dale
Jurcisin, Absent None.
Elected and appointed officials present Robert F. Nash, City Clerk,
Robert D. Bennett, Mayor; Harry Tatigian, City Attorney, John Nagy, Planning
Director, Raul Galindo, City Engineer, Karen Szymula, Director of Legislative
Affairs , navid Preston, Director of Finance and William Crayk, Chief of Police.
IL. On a motion by Councilwoman McCotter, seconded by Councilwoman Toy,
and unanimously adopted, it was
#831-89 RESOLVED, that the minutes of the 1 ,159th Regular
Meeting of the Council of the City of Livonia, held August
23, 1989 are hereby approved.
A communication from the Finance Director, dated August 18, 1989 forwarding
various financial statements of the City of Livonia for the month ending July 31 ,
1989 was received and placed on file for the information of the Council
At the request of Councilman Ochala and subsequent direction of the Chair,
Item No. 15 re the preliminary plat for Whispering Hills Subdivision, was removed
from the Consent Agenda
On a motion by Councilman Taylor, seconded by Councilman Ochala,
L it was
#832-89 RESOLVED, that having considered a letter from Beth
Townsend, 14143 Riverside Drive, Livonia, Michigan 48154, dated
August 15, 1989, requesting permission to close the entrance
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to the cul-de-sac where Riverside Drive and Middleboro meet,
on Saturday, September 30, 1989 from 4 00 P M to 12 00 Midnight,
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
#833-89 RESOLVED, that having considered a communication from
the Mayor, dated August 22, 1989, with regard to the
reappointment of Wayne Templeton, 18420 Doris Lane, Livonia,
Michigan 48152, to serve as a representative of the City of
Livonia on the Community Commission on Drug Abuse for a term
which will expire on October 7, 1992, the Council does hereby
approve and concur in said reappointment
#834-89 RESOLVED, that having considered a letter from David
Szalony, 13975 Riga, Livonia, Michigan 48154, dated August
15, 1989, wherein an interest is indicated in the acquisition
of certain property located at the rear of Mr Szalony' s
property, the Council does hereby refer this item to the
Department of Law for its report and recommendation.
#835-89 RESOLVED, that having considered a letter from Carolyn
Kavajecz, 37184 Bennett, Livonia, Michigan 48152, dated August
8, 1989, wherein a rcquest is submitted for construction of
lei curb drops at the intersections of Bennett and Vargo and Bennett
and Gardner, the Council does hereby refer this item to the
Engineering Department for its report and recommendation.
#836-89 RESOLVED, that having considered a letter from Dennis
P and Margaret R. Mucci , 35087 Pembroke, Livonia, Michigan
48152, dated August 21 , 1989, with regard to a water drainage
problem at the rear of their property which may be caused by
an adjacent nature trail , the Council does hereby refer this
item to the Engineering Department for its report and
recommendation.
#837-89 RESOLVED, that having considered a letter from Mr
Bobby D Myers of the Livonia Judo Club, dated August 21 , 1989,
requesting assistance in acquiring facilities due to a need
to relocate, the Council does hereby refer this item to the
Parks and Recreation Department for its report and
recommendation
#838-89 RESOLVED, that having considered a letter from Mr
Jeff Wilshaw, 16319 Wayne Road, Livonia, Michigan 48154, dated
August 18, 1989, wherein he indicates that he has an interest
in purchasing the 21 acres of land on which the Omni Star/Mai
Kai Theater is situated, the Council does hereby refer this
item to the Committee of the Whole for its report and
recommendation
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Ibm #839-89 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated August
10, 1989, approved by the Director of Finance and approved
for submission by the Mayor, the Council does hereby accept
the unit price bid of Progressive Sweeping Contractors, Inc ,
455 Terminal Road, Toledo, Ohio 43612, for completing all
sweeping required for the 1989 Leaf Pickup Program for the
estimated total cost of $36,000 00, based upon the Public Service
Division' 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, in the alternative, the Council does hereby accept
the second low bid of G & M Enterprises Ltd. , 19614 W Eight
Mile Road, Southfield, Michigan 48075, in the event the aforesaid
low bidder is unable to perform the service, 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
#840-89 RESOLVED, that having considered a letter from the
City Librarian dated August 10, 1989, approved for submission
Itsby the Mayor, which transmits a resolution adopted by the Library
Commission wherein it is recommended that the non-resident
card fee be raised from $20 00 per family to $45 00 per family,
the Council does hereby concur in and approve of such action
A communication from the Chief of the Livonia Division of Police, dated
August 15, 1989 re Sale of Police and Forfeiture Vehicles - Council Resolution
418-89 was received and placed on file for the information of the Council
#841-89 RESOLVED, that D'Orazio & Son Inc , 38331 Abruzzi
Dr. , Westland, Michigan 48158, as proprietor, having requested
the City Council to approve the proposed preliminary plat of
the following subdivision• Arbor Park View Subdivision, located
east of Wayne Road and south of Ann Arbor Trail , in the Southwest
1/4 of Section 33, the said proposed preliminary plat being
dated June 21 , 1989, and it further appearing that tentative
approval of such preliminary plat was given by the City Planning
Commission, after due notice and a public hearing on April
18, 1989, and it further appearing that such preliminary plat,
together with development plans and specifications for
improvements therein have been examined and approved by the
Engineering Department as is set forth in the report of that
department dated August 15, 1989, therefore, the City Council
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does hereby approve of the said preliminary plat on the following
conditions
(1 ) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with
the provisions of the ordinances of the City of Livonia,
including the Subdivision Control Ordinance, being Title 16,
Chapters 16 04 through 16.24 of the Livonia Code of Ordinances,
as amended, the Subdivision Regulations of the Planning
Commission, the regulations and speci `ications 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,
(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
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event the proprietor elects to deposit such financial assurances
� the same shall be in the following amounts
a. General Improvement Bcnd $408,0U0.00 of which at
least $10,000.00 shall be
in cash.
b. Sidewalk Bond $ 28,100.00, of which at
least $2,000.00 shall be
in cash.
c. Grading & Soil Erosion $ 3,300.00 (all cash)
Control Bond
d. Entrance Markers and $12,000,00, of which at least
Landscaping $ 2,000.00 shall be in cash.
e. Monuments and Lot Markers $ 1 ,020 00 (all cash)
and require cash payments in the total amount of $24,423 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 subeiVi5ion.
#842-89 RESOLVED, that J. W. Lezotte & Associates Inc. , 36361
� Lyndon, Livonia, Michigan 48154, as proprietor, having requested
the City Council to approve the proposed preliminary plat of
the following subdivision Fox Run Estates Subdivision, located
east of Levan Road and south of Lyndon Avenue, in the Southeast
1/4 of Section 20, the said proposed preliminary plat being
dated March 23, 1989 (revisions 1-1-89 per City letter and
8-3-89 per City letter) , and it further appearing that tentative
approval of such preliminary plat was given by the City Planning
CoKriSsion, after due notice and a public hearing on May 9,
1989, and it further appearing that such preliminary plat,
together with development plans and specifications for
improvements therein have been examined and approved by the
Engineering Department as is set forth in the report of that
department dated August 11 , 1989, therefore, the City Council
does hereby approve of the said preliminary plat on the following
conditions'
(1 ) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with
the provisions of the ordinances of the City of Livonia,
including the Subdivision Control Ordinance, being Title 16,
Chapters 16.04 through 16 24 of the Livonia Code of Ordinances,
as amended, the Subdivision Regulations of the Planning
Commission; the regulations and specifications of the Engineering
Department and the Development Plans submitted by the proprietor
and approved by such department, all such improvements to be
constructed, installed, accomplished and completed within a
period of two (2) years from the effective date of this
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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,
(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 $95,000.00 of which at
least $10,000.00 shall be
in cash
b. Sidewalk Bond $ 6,600 00, of which at
least $2,000 00 shall be
in cash.
c Grading & Soil Erosion $ 2,000.00 (all cash)
Control Bond
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lis
d. Landscaping $ 6,500.00, of which at least
$ 2,000 00 shall be in cash.
e Monuments and Lot Markers $ 480.00 (all cash)
and require cash payments in the total amount of $ 5,690.00.
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.
#843-89 RESOLVED, that having considered the report and
recommendation of the Planning Commission, dated August 14,
1989, and submitted pursuant to Council Resolution 641-89 with
regard to the possible rezoning of certain property located
south of Eight Mile Road between Merriman and Middlebelt Roads
from Industrial to Residential , the Council does hereby, in
accordance with Section 23.01 (a) of Ordinance 543, as amended ,
request that the Planning Commission conduct a public hearing
and thereafter submit its report and recommendation with respect
to the rezoning of the aforesaid property to a more appropriate
residential zoning classification as recommended in the aforesaid
communication.
imr #844-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 22, 1989 which
transmits its resolution 8-184-89, adopted on August 15, 1989,
with regard to Petition 89-7-8-26, submitted by Victor Corporate
Park, requesting site plan approval in connection with a proposal
to construct office buildings designated as Four and Five on
the master plan for Victor Corporate Park, located on the north
side of Seven Mile Road between Newburgh Road and 1-275 in
Section 6, pursuant to the provisions set forth in Section
18.47 of Ordinance 543, as amended, the Council does hereby
concur in the recommendation of the Planning Commission and
Petition 89-7-8-26 is hereby approved and granted, such approval
to be based upon the same conditions as those set forth in
the aforesaid recommendation of the Planning Commission.
#845-89 RESOLVED, that having considered the report and
recommendation of the Planning Director, dated August 3, 1989,
approved for submission by the Mayor Pro Tem, and to which
is attached a Holdharmless Contract between the City of Livonia
and First Step, the Western Wayne County Project on Domestic
Assault, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute
the said contract in the manner and form herein submitted,
as well as to do all other things necessary or incidental to
the full performance of this resolution
25230
ibmA communication from the City Clerk, dated August 23, 1989 Re Wayne
County Intermediate School District - 1989 was received and placed on file for
the information of the Council
A communication from the City Clerk, dated August 23, 1989 re Clarenceville
School District Tax Rate - 1989 was received and placed on file for the information
of the Council .
#846-89 RESOLVED, that having considered a communication from
the Department of Law, dated August 11 , 1989, approved by the
Finance Director and approved for submission by the Mayor,
the Council does hereby authorize the transfer of the sum of
$2,800.00 from Account No. 101-222-826 010 to the following
accounts in the following amounts
101-222-958 000 (Dues and Subscriptions) $ 100.00
101-222-938.000 (Capital Outlay - Office Equip. ) 500 00
101-222-864.010 (Travel and Education - Emp) 900 00
101-222-904 000 (Printing) 1 ,000.00
101-222-728.000 (Office Supplies) 300 00
Imp #847-89 RESOLVED, that having considered a communication from
Councilman Dale A Jurcisin, dated August 17, 1989, to which
is attached an article entitled " 'City Hall in the Mall ' hi-tech
opens up citizen access", the Council does hereby refer this
item to the Capital Improvement Committee for its report and
recommendation.
1848-89 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public
Works, dated August 24, 1989, which bears the signature of
the Finance Director and is approved for submission by the
Mayor, and to which is attached a proposed Engineering Services
Agreement between the City of Livonia and Orchard, Hiltz &
McCliment, Inc. and Hubbell , Roth & Clark, Inc , a joint venture,
wherein the latter would provide all engineering services to
date with regard to the sewer system rehabilitation for North
Huron Valley/Rouge Valley Wastewater Control System in compliance
with a consent order entered into pursuant to Council Resolution
908-88, with the Michigan Department of Natural Resources,
the Council does hereby authorize the Mayor and City Clerk,
for and on behalf of the City of Livonia, to execute the said
agreement in the manner and form herein submitted, as well
as to do all other things necessary or incidental to the full
Ifto performance of this resolution, further, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$235,155.00 from Unexpended Funds of the Water and Sewer Fund
25231
for this purpose, the said amount to thereafter be reimbursed
from the proceeds of the next bond issue sold for this project
1849-89 RESOLVED, that the Council does hereby amend and revise
Council Resolution 793-89, adopted on August 14, 1989, so as
to read as follows
RESOLVED, that having considered a communication from
the City Planning Commission, dated July 5, 1989, which transmits
its resolution 6-153-89, adopted on June 27, 1989, with regard
to Petition 89-6-8-24, submitted by William L. Roskelly
requesting site plan approval to construct a professional office
building located on the south side of Schoolcraft just east
of Farmington Road in the Northwest 1/4 of Section 27, pursuant
to the provisions set forth in Section 14 06 of Ordinance 543,
as amended, the Council does hereby concur in the recommendation
of the Planning Commission and Petition 89-6-8-24 is hereby
approved and granted, such approval to be based upon the same
conditions as those set forth in the aforesaid communication
of the Planning Commission, as well as being based upon a revised
plan dated August 14, 1989.
1850-89 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
law 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
11 , 1989 at 7.00 P.M. at the City Hall , 33000 Civic Center
Drive, Livonia, Michigan with respect to the following item.
Petition 89-6-1-24, submitted by the City Planning
Commission, for a change of zoning on property located
on the east side of Middlebelt Road between Six
Mile Road and Pickford Avenue in the Southwest 1/4 of
Section 12, from RUF to R-6, the City Planning Commission
in its resolution 8-176-89 having recommended to the
City Council that Petition 89-6-1-24 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
LAW 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
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160 A roll call vote was taken on the foregoing resolutions with the following results
AYES McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop and Feenstra
NAYS None.
Councilman Ochala left the podium at 8 07 P M.*
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#851-89 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 24, 1989, which
transmits its resolution 8-179-89, adopted on August 15, 1989,
with regard to the proposed preliminary plat of Whispering
Hills Subdivision to be located on the east side of Newburgh
Road between Seven Mile and Eight Mile Roads in the Southwest
1/4 of Section 5, City of Livonia, Wayne County, Michigan,
and it appearing that tentative approval of said preliminary
plat was given by the City Planning Commission on August 15,
1989, subject to City Council approval of a change of zoning
of the property from the R-4C classification, the Council does
hereby approve of the said preliminary plat subject to the
ir, receipt of a report and recommendation by the City Engineer
relative to the development plans and specifications for the
improvements therein, and the financial assurances guaranteeing
the satisfactory installation of such improvement.
*Councilman Ochala asked that the record reflect that he disqualified himself from
the vote as he has recently received a referral for a real estate client from the
petitioner This referral was in no way related to the agenda item However,
after discussion with the City Attorney, Ochala took this action so as to avoid
an appearance of any conflict of interest. Ochala returned to the podium at
8 08 p.m
Councilman Bishop gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 090 AND
100 OF TITLE 12, CHAPTER 04 (STREETS AND
SIDEWALKS) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
25233
imiThe 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
Councilman Bishop gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 290 OF TITLE
16, CHAPTER 24 (IMPROVEMENTS) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances
in the office of the City Clerk and is the same as if word for word repeated
herein The above Ordinance was placed on the table for consideration at the
next regular meeting
Councilman Ochala left the podium at 8 10 P M *
10
Councilwoman McCotter gave first reading to the following Ordinance
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND (Petition 89-5-3-3)
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 consideration at the
next regular meeting.
*Councilman Ochala asked that the record reflect that he disqualified himself from
discussion of this item as he had recently received a referral for a real estate
client from the petitioner This referral was in no way related to the agenda item.
However, after discussion with the City Attorney, Ochala took this action so as
to avoid an appearance of any conflict of interest Ochala returned to the podium
1101 at 8 11 p.m.
25234
1110 Councilwoman Toy gave first reading to the following Ordinance•
AN ORDINANCE AMENDING SECTIONS 060,070
and 110 OF TITLE 16, CHAPTER 32 (LOT
PARTITION) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of 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
Councilman Taylor 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 89-4-1-13)
lirThe 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
Councilman Jurcisin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 12 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 89-5-1-15)
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
Imm next regular meeting.
25235
Councilman Ochala left the podium at 8.13 P M *
L
Councilman Taylor gave first reading to 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 89-5-1-16\
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.
*Councilman Ochala asked that the record reflect that he disqualified himself from
discussion of this item as he had recently received a referral for a real estate
client from the petitioner. This referral was in no way related tn the agenda item.
L
HnweVer, aft8r discusSion with thG Citv Att0rDey, Ochala took this actioD sV ds
t0 avoid an appearance of any conflict of interest. Ochala returned to the podium
at 8-l4 P.M
Councilwoman McCotter gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 14 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 89-5-1-18\
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.
Councilman Jurcisin gave first reading to the following Ordinance
LAN ORDINANCE AMENDING SECTION 24 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
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ARTICLE III OF ORDINANCE NO. 543, AS AMENDED,
� KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE" BY ADDING SECTION 3.
THERETO (Petition 89-5-1-19\
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.
Councilman 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 88-4-1-9\
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances
Lin 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 Councilman Bishop, seconded by Councilman Jurcisin,
it was
/852-89 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 15, 1989,
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 Thompson-McCully Company, 11620 Whitmore
Lake Road, Whitmore Lake, Michigan 48197, for the street
improvement of St Martins, Northland and Bethany in the Southeast
1/4 of Section 6, for the estimated total cost of t116,856.50"
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 a sum not to exceed $116,856,50 from
the $7 9 million General Obligation Road Improvement Bond Issue
N� with the provision that (1 ) the Bond Issue be reimbursed from
25237
that portion of the project which is to be financed by special
assessment at such time as funds are available from the future
Special Assessment Bond Issue, and (2) the Bond Issue be
reimbursed for the City' s portion of the project at such time
as funds may be available from the Michigan Transportation Fund
(Local Road Account) ; and the City Engineer is hereby authorized
to approve minor adjustments in the work as completed, and the
Mayor and City Clerk are hereby authorized to execute a contract
for and on behalf of the City of Livonia with the aforesaid
bidder and to do all other things necessary or incidental to
the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result
AYES. McCotter, Taylor, Ochala, Jurcisin, Toy and Bishop.
NAYS: Feenstra.
The President declared the resolution adopted
On a motion by Councilman Taylor, seconded by Councilman Ochala,
and unanimously adopted, it was
1853-89 RESOLVED, that having considered a communication from
the City Assessor, dated August 16, 1989, approved for submission
by the Mayor, with regard to a request from Ms. Denise Horner,
35787 Flees, Livonia, Michigan 48150, and in accordance with
the provisions of 1967 PA 288, as amended, as well as Section
18.46 of Ordinance 543, as amended, the Council does hereby
determine to deny the request for dividing Tax Item No. 46 128
01 0726 006 into four parcels since the same would be in violation
of the City' s Zoning Ordinance and The Subdivision Control Act
of 1967, as well as for the reason that the proposed lot split
would not be consistent with good planning and zoning practice.
On a motion by Councilman Bishop, seconded by Councilwoman McCotter,
and unanimously adopted, it was
1854-89 WHEREAS, the City Council (the "Council ") of the City
of Livonia (the "City") has determined that it is necessary
for the City to undertake certain improvements to its road and
highway system consisting generally of paving, repaving,
repairing, widening and improving streets and highways within
the City, including necessary rights of way, railroad grade
separations, sidewalks, traffic signalization, curbs and gutters
and proper drainage facilities therefor, and
25238
WHEREAS, the Council has determined that it is advisable
for the City to borrow money in an amount not to exceed Twelve
Million Dollars ($12,000,000) and to issue its general obligation
bonds in such amount for the purpose of paying a'1 or part of
the cost of the foregoing public improvements, and
WHEREAS, it is necessary to submit the proposed borrowing
and the issuance of the bonds to the qualified electors of the
City;
NOW, THEREFORE, BE IT RESOLVED THAT
1 . At the election, which is hereby called to be held
in the City on Tuesday, November 7, 1989, between the hours
of 7 o'clock a.m. and 8 o'clock p.m. , there shall be submitted
to vote of the qualified electors of the City, the proposition
of borrowing the said sum of not to exceed Twelve Million Dollars
($12,000,000) and issuing general obligation bonds of the City
therefor.
2. The proposition to be submitted at said election
shall be stated on a separate ballot, or as a separate proposition
on voting machines, in substantially the following form:
Street and Highway Bonding Proposition
Shall the City of Livonia, County of Wayne, Michigan,
borrow the principal sum of not to exceed Twelve Million
Dollars ($12,000,000) and issue its general obligation
unlimited tax bonds therefor, for the purpose of
defraying the City's share of the cost of paving,
repaving, repairing, widening and improving streets
and highways within the City, including necessary
rights of way, railroad grade separations, sidewalks,
traffic signalization, curbs and gutters and proper
drainage facilities therefor?
3. The City Clerk shall cause notice of last day for
registration to be published as a display advertisement at least
twice in The Livonia Observer, a newspaper of general circulation
in the City, prior to the last day for receiving registrations,
the first publication to be not less than ten (10)qfull days
prior to said last day for receiving registrations.
4. The notice of registration shall be in substantially
the following form:
NOTICE OF THE LAST DAY FOR RECEIVING
REGISTRATIONS FOR THE ELECTION
TO BE HELD IN THE CITY OF LIVONIA
ON NOVEMBER 7, 1989
25239
The City Clerk will be at the Clerk' s office in the
im City on each working day during regular working hours until
and including Tuesday, October 10, 1989, for the purpose of
receiving registrations of qualified electors of the City of
Livonia not already registered.
On Tuesday, October 10, 1989, which is the last day for
receiving registrations for said election to be held on
Tuesday, November 7, 1989, the City Clerk will be at the
Clerk' s office between thea hours of 8 a.m. and 5 p.m. ,
Eastern Standard Time, for the purpose of receiving
registrations of qualified electors.
The following proposition will be submitted to the
electors of the City of Livonia at said election:
Street and Highway Bonding Proposition
Shall the City of Livonia, County of
Wayne, Michigan, borrow the principal
sum of not to exceed Twelve Million
Dollars ($12,000 ,000) and issue its
general obligation unlimited tax bonds
therefor, for the purpose of defraying
the City's share for the cost of paving
repaving, repairing, widening and
ire improving streets and highways within
the City, including necessary rights of
way, railroad grade separations,
sidewalks, traffic signalization, curbs
and gutters and proper drainage facilities
therefor?
THE LAST DAY FOR RECEIVING REGISTRATIONS FOR SAID
ELECTION TO BE HELD TUESDAY, NOVEMBER 7, 1989, WILL BE
TUESDAY, OCTOBER 10, 1989.
ROBERT F. NASH, CITY CLERK
CITY OF LIVONIA, MICHIGAN
5. The City Clerk shall cause notice of the submission
of said proposition to be published at least twice as a display
advertisement before the date of the election in The Livonia
Observer, a newspaper of general circulation in the City, the
first publication to be not less than ten (10) full days prior
to the date of said election.
6. The notice of the submission of the said proposition
shall be in substantially the following form•
25240
NOTICE OF ELECTION
im TO THE QUALIFIED ELECTORS OF THE CITY OF LIVONIA:
PLEASE TARE NOTICE that at an electi�a to be held in
the City of Livonia, County of Wayne, Michigan, on the 7th
day of November, 1989, from 7:00 o' clock a.m. to 8:00
o'clock p.m. , there will be submitted to vote of the
qualified electors of said City the following proposition:
Street and Highway Bonding Proposition
Shall the City of Livonia, County of
Wayne, Michigan, borrow the principal
sum of not to exceed Twelve Million
Dollars ( $12,000,000) and issue its
general obligation unlimited tax bonds
therefor, for the purpose of defraying
the City' s share of the cost of paving,
repaving, repairing, widening and
improving streets and highways within
the City, including necessary rights of
way, railroad grade separations,
sidewalks, traffic signalization, curbs
and gutters and proper drainage
facilities therefor?
The above bonds will be payable in not to exceed
twenty-five annual installments with interest thereon at a
rate of 10% per annum or such higher rate as may be
authorized by law. The bonds will be issued in one or more
series as may be determined by the City Council.
THE PRINCIPAL OF AND INTEREST ON SAID GENERAL
OBLIGATION BONDS SHALL BE PAYABLE FROM THE GENERAL FUNDS OF
THE CITY AND THE CITY IS REQUIRED BY LAW TO LEVY SUFFICIENT
AD VALOREM TAXES, IF NECESSARY FOR THE PAYMENT THEREOF UPON
ALL TAXABLE PROPERTY OF THE CITY WITHOUT LIMITATION AS TO
EITHER RATE OR AMOUNT.
All qualified and registered electors may vote on the
above bonding proposition.
The places of voting will be as follows:
This Notice is given by authority of the City Council
of the City of Livonia, County of Wayne, Michigan.
ireROBERT F. NASH
Clerk, City of Livonia
25241
11107 The useable life of the aforesaid improvements is
estimated to be not less than thirty (30) years.
8. All resolutions and parts of resolutions, insofar as
they conflict with the provisions of this resolution, are hereby
repealed
On a motion by Councilwoman McCotter, seconded by Councilwoman Toy,
and unanimously adopted, it was
1855-89 WHEREAS, pursuant to Act No. 198 of the Public Acts
of 1974, as amended, this Council has the authority to expand
industrial development districts within the boundaries of the
City of Livonia, and
WHEREAS, a proposal was made regarding the expansion of an
industrial development district encompassing land situated in
the City of Livonia and comprised of an area of 38.64 acres
lying in the Southwest 1/4 of Section 25, more particularly
described in Exhibit A, attached hereto and incorporated by
reference herein, which area is hcre4nafter referred to as "City
of Livonia Industrial Development District No. 2" , and
IhmoWHEREAS, written notice has been given by certified mail to
General Motors Corporation of the Council ' s pending action on
this resolution and of its right to a hearing on the expansion
of proposed City of Livonia Industrial Development District
No. 2, and
WHEREAS, notice has been given to all interested owners, residents
and taxpayers in the Livonia area of a public hearing on the
expansion of the proposed City of Livonia Industrial Development
District No. 2, and
WHEREAS, on August 28, 1989, a public hearing was held on the
expansion of proposed City of Livonia Industrial Development
District No. 2, at which time General Motors Corporation and
other taxpayers and residents of the City of Livonia had an
opportunity to be heard (a copy of the statements both written
and oral made at such hearing being on file with this City
Council ), and a representative of General Motors Corporation
attended said hearing and acknowledged receipt of notice of
such hearing on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA,
AS FOLLOWS
1 . An Industrial Development District is hereby expanded, such
district to consist of the area described in Exhibit A, attached
hereto.
25242
2. Such Industrial Development District is hereby designated
as the "City of Livonia Industrial Development District No.
2. "
EXHIBIT A
Part of the Southwest 1/4 of Section 25, T 1 S. , R. 9 E , City
of Livonia, Wayne County, Michigan, being more particularly
described as follows
Beginning at the intersection of the South line of the Chesapeake
and Ohio Railroad Right-of-Way (99 ft wd. ) with the East line
of Middlebelt Road, as widened, said point being South 00 degrees
33 minutes 50 seconds West, 49.50 feet as measured along the
West line of said Section 25, and South 89 degrees 27 minutes
40 seconds East, 105.00 feet from the West 1/4 Corner of said
Section 25, Proceeding thence from said point of beginning South
89 degrees 27 minutes 40 seconds East along the South line of
said Chesapeake and Ohio Railroad Right-of-Way, said line being
49.50 feet South of, as measured at right angles to, and parallel
to the East-West 1/4 line of said section, a distance of 1873 73
feet to a point, thence South 00 degrees 21 minutes 50 seconds
West, a distance of 237 36 feet to a point on the North end
of Hartel Av?nue (60 ft. wd ) , thence North 89 degrees 45 minutes
40 seconds West along the West 30.00 feet of the North end of
said Hartel Avenue and its Westerly extension, across the North
lig, end of Camden Avenue, (60 ft. wd. ), a distance of 471 .60 feet
to the Northwest corner of unvacated Camden Avenue, thence South
00 degrees 19 minutes 20 seconds West along the West line of
said Camden Avenue, a distance of 80 00 feet to a point, thence
North 89 degrees 45 minutes 40 seconds West, a distance of 190.00
feet to a point, thence South 00 degrees 19 minutes 20 seconds
West, a distance of 956 10 feet to a point, thence North 89
degrees 54 minutes 10 seconds West a distance of 1262.39 feet
to a point on the East line of Middlebelt Road, (120 ft wd ,
at this point) , thence North 00 degrees 33 minutes 50 seconds
East along the East line of said Middlebelt Road, said line
being 60.00 feet East of, as measured at right angles to and
parallel to the West line of said Section 25, a distance of
502.57 feet to a point, thence South 89 degrees 38 minutes 20
seconds East, a distance of 300.00 feet to a point, thence North
00 degrees 33 minutes 50 seconds East, a distance of 250 00
feet to a point, thence North 89 degrees 38 minutes 20 seconds
West, a distance of 292.65 feet to a point on the East line
of Middlebelt Road, as widened, thence North 04 degrees 35 minutes
45 seconds East along the East line of said Middlebelt Road
(width varies) , a distance of 535 41 feet to the point of
beginning.
On a motion by Councilman Jurcisin, seconded by Councilman Bishop,
16 and unanimously adopted, it was
25243
#856-89 WHEREAS, pursuant to Act No 198 of the Public Acts
of 1974, as amended, this Council has the authority to establish
industrial devElopment districts within the boundaries of the
City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of
an industrial development district encompassing land situated
in the City of Livonia and comprised of an area of 113 24 acres
lying in the South 1/2 of Section 25, more particularly described
in Exhibit A, attached hereto and incorporated by reference
herein, which area is hereinafter referred to as "City of Livonia
Industrial Development District No. 51", and
WHEREAS, written notice has been given by certified mail to
General Motors Corporation - Inland Fisher Guide Division of
the Council ' s pending action on this resolution and of its right
to a hearing on the establishment of proposed City of Livonia
Industrial Development District No 51, and
WHEREAS, notice has been given to all interested owners, residents
and taxpayers in the Livonia area of a public hearing on the
establishment of the proposed City of Livonia Industrial
Development District No. 51; and
Imp WHEREAS, on August 28, 1989, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development
District No 51, at which time General Motors Corporation Inland
Fisher Guide Division and other taxpayers and residents of the
City of Livonia had an opportunity to be heard (a copy of the
statements both written and oral made at such hearing being
on file with this City Council ), and a representative of General
Motors Corporation - Inland Fisher Guide Division attended said
hearing and acknowledged receipt of notice of such hearing on
behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA,
AS FOLLOWS:
1 . An Industrial Development District is hereby established,
such district to consist of the area described in Exhibit A,
attached hereto.
2. Such Industrial Development District is hereby designated
as the "City of Livonia Industrial Development District No.
51."
EXHIBIT A
THAT PART OF THE S 1/2 OF SEC 25 DES AS BEG AT A POINT ON THE
N LINE OF PLYMOUTH RD DISTANT S 89D 41M E ALONG THE S LINE OF
25244
SAID SEC 2017.85 FT AND N OD 21M 50SEC E 60.0 FT FROM THE SW
lbw COR OF SEC 25 AND PROCEEDING TH N OD 21M 50SEC E 2302.05 FT.
TH N 89D 45M OSEC W 30.0 FT TH N OD 21M 50SEC E 237.36 FT.
TH ALONG THE S LINE OF THE CHESAPEAKE AND OHIO R R RIGHT OF
WAY S 89D 27M 40SEC E 660.75 FT AND N 88D 29M 40SEC E 1321 .49
FT. TH S OD 13M 20SEC W 301 .04 FT. TH S 88D 32M W ALONG THE
EXTENSION OF THE N LINE OF GRANTLAND AVE 30.01 FT. TH S OD 13M
20SEC W 2277.08 FT TH ALONG THE N LINE OF PLYMOUTH RD N 89D
42M 50SEC W 1295.26 FT AND N 890 42M 50S£C W 1295.26 FT AND
N 89D 41M W 632 61 FT TO THE POB 113.24 AC.
On a motion by Councilman Jurcisin, seconded by Councilman Taylor,
and unanimously adopted, it was
#857-89 RESOLVED, that having considered a communication from
the Chief of Police, dated August 16, 1989, which bears the
signatures of the Finance Director and is approved for submission
by the Mayor, and which sets forth various cash donations received
from the contributors listed in the total amount of $26,398.39
for use in the Drug Abuse Resistance Education Program, the
Council does, for and on behalf of the City of Livonia, accept
the cash donations and authorize their deposit in Account No.
702-000-285-211 for use in the D.A R.E. Program.
On a motion by Councilwoman Toy, seconded by Councilman Ochala,
and unanimously adopted, it was
#858-89 RESOLVED, that having considered a communication from
the City Librarian, dated August 10, 1989, approved for submission
by the Mayor, and which transmits a resolution adopted by the
Library Commission with regard to the gift of a concrete planter
valued at $1 ,600.00 from Dick DeBear of Library Design Associates,
Inc , the Council does, for and on behalf of the City of Livonia,
accept the said concrete planter for use in the Civic Center
Library.
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#859-89 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 Councilman Ochala, seconded by Councilman Bishop,
and unanimously adopted, it was
25245
#860-89 RESOLVED, that the Council does hereby rescind and
repeal CR 331-89 which approved Petition 89-1-2-6, submitted
by Nesbitt Partners requesting waiver use approval to utilize
a Class C liquor license in conjunction with the Embassy Suites
Hotel proposed to be located on the east side of the 1-275
Expressway between Seven and Eight Mile Roads in the South 1/2
of Section 6, which property is zoned C-2.
On a motion by Councilwoman Toy, seconded Councilwoman McCotter,
and unanimously adopted, it was
#861-89 RESOLVED, that the Council does hereby recommend denial
of the request submitted by Nesbitt Partners for a Class C liquor
license to be located at the Embassy Suites Hotel located on
the east side of the 1-275 Expressway between Seven and Eight
Mile Roads in the South 1/2 of Section 6, Livonia, Michigan,
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 Councilman Ochala, seconded by Councilwoman Toy, and
Lunanimously adopted, this 1 ,160th Regular Meeting of the Council of the City of
Livonia was adjourned at 8.32 P.M. , September 6, 1989.
leabeut P. 11411"/
Robert F. Nash, City Clerk
L