HomeMy WebLinkAboutCOUNCIL MINUTES 1987-07-15 23499
lioMINUTES OF THE ONE THOUSAND ONE HUNDRED AND EIGHTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On July 15, 1987, 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 8.00 P.M. Councilwoman McCotter delivered the invocation. Roll was
called with the following result Present Robert E McCann, Joan McCotter, Fernon
P Feenstra, Gerald Taylor, Robert D Bennett and Ron Ochala, Absent Robert R
Bishop (on vacation).
Elected and appointed officials present Robert F. Nash, City Clerk, Harry
Tatigian, City Attorney, David N Preston, Finance Director, John Nagy, Planning
Director, Raul Galindo, City Engineer, Edith Davis, Personnel Director, Suzanne
Wisler, Director of Community Resources, Ray Pommerville, Labor Relations Director,
James Inglis, Housing Director, Robert Beckley, Director of Public Works, Jeanne
Treff, Cable TV Director, and Michael Reiser, Facility Maintenance Manager
On a motion by Councilman Taylor, seconded by Councilman Ochala,
and unanimously adopted, it was
#621-87 RESOLVED, that the minutes of the 1 ,107th Regular Meeting
of the Council of the City of Livonia, held July 1 , 1987 are
hereby approved
A communication from the City Attorney, dated June 29, 1987, re Stauder,
Barch & Associates, Inc v City of Livonia and Elaine Tuttle, personally and in
her capacity as Treasurer for the City of Livonia, jointly and severally Wayne County
Circuit Court Civil Action 87-714895-CK was received and placed on file for the
information of the Council
lim A communication from the Director of Finance, dated July 1 , 1987, forwarding
various financial statements of the City of Livonia for the month ending May 31 ,
1987 was received and placed on file for the information of the Council
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A communication from Plante & Moran, dated April 14, 1987, re City of
Livonia Federal Financial Assistance Programs - Supplemental Information - for the
year ended November 30, 1986 was received and placed on file for the information
of the Council .
On a motion by Councilman Taylor, seconded by Councilman Feenstra,
it was
#622-87 RESOLVED, that having considered a letter from Angelo
D'Orazio, 35213 Vargo Avenue, Livonia, Michigan 48152 dated
June 19, 1987 requesting permission to close Vargo Avenue, north
of Six Mile road and east of Wayne Road on Sunday, July 26,
1987 from 11 .00 a m to 10 00 p m. for the purpose of conducting
a neighborhood block party, the Council does hereby grant
permission as requested, the action taken herein being made
subject to the approval of the Police Department
#623-87 RESOLVED, that having considered a letter from Mrs.
Thomas J Joseph, 39235 Lyndon, Livonia, Michigan 48154 dated
iis June 29, 1987 requesting permission to close Lyndon between
Hix and Eckles on Saturday, August 29, 1987 from 4 00 p.m to
10.00 p m , the Council does hereby grant permission as requested,
including therein permission to conduct the said affair on August
30, 1987 in the event of inclement weather, the action taken
herein being made subject to the approval of the Police
Department, further, the Department of Public Works is requested
to provide sawhorses as requested for use in connection with
this event.
#624-87 RESOLVED, that having considered a letter from Bonnie
J. Bisio dated June 24, 1987 wherein a request is submitted
for the installation of a traffic signal at the intersection
of Seven Mile and Gill Roads, the Council does hereby request
that the City Engineer submit a report and recommendation with
respect to this item as well as the possibility of having the
County reduce the speed limit on Seven Mile Road and revise
the current speed limits on Five Mile and Six Mile Roads
#625-87 RESOLVED, that having considered a letter from Bonnie
J. Bisio dated June 24, 1987 wherein a request is submitted
for the installation of a traffic signal at the intersection
of Seven Mile and Gill Roads, the Council does hereby refer
this item to the Chief of Police
#626-87 RESOLVED, that having considered a letter dated June
23, 1987 from the Biltmore, Meadowview and Sunnyside Estates
Civic Association regarding the installation of identification
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110. markers on existing rights-of-way as entrance markers to the
Biltmore, Meadowview and Sunnyside Estates Subdivision, the
Council does hereby request the Department of Law prepare an
appropriate agreement in which the City gives authorization
to the said Biltmore, Meadowview and Sunnyside Estates Civic
Association to use the necessary portions of rights-of-way for
the above stated purposes, further, the Mayor Pro Tem and City
Clerk are hereby authorized to affix their signatures to the
aforesaid agreement for and on behalf of the City of Livonia
in this regard.
#627-87 RESOLVED, that having considered a letter from Charles
D Wright, 14731 Lyons, Livonia, Michigan 48150 dated June 24,
1987 requesting the improvement of Lyons Street between Five
Mile and Lyndon, the Council does hereby refer this item to
the City Engineer for his report and recommendation
#628-87 RESOLVED, that having considered a communication from
the Director of the Livonia Housing Commission dated June 16,
1987 which bears the signature of the Finance Director and is
approved for submission by the Mayor Pro Tem and which indicates
that the Commission at its June 10, 1987 meeting recommended
the purchase of certain capital equipment items to meet the
needs of McNamara Towers, the estimated cost of which is
ilm $4,000.00, the Council does hereby concur in the aforesaid
recommendation and authorize the Commission to prepare
specifications and thereafter obtain written quotes in accordance
with the Finance Ordinance for submission to the Council
#629-87 RESOLVED, that having considered a communication from
the City Assessor, dated June 18, 1987, approved for submission
by the Mayor Pro Tem, with regard to a request from Mr. Joe
Durso submitted in behalf of William Stefani , 34714 Seven Mile
Road, Livonia, Michigan 48152 and in accordance with the
provisions of 1967 PA 288, as amended, as well as Section 18 46
of Ordinance No. 543, as amended, the Livonia Zoning Ordinance,
the Council does hereby approve of the proposed division of
Tax Item Nos. 46 034 01 0009 001 and 46 034 01 0009 002 into
three parcels, the legal descriptions of which shall read as
follows
PARCEL "A"
A parcel of land being part of Lot 9, Winfield Estates Sub ,
of the N W. 1/4 of Sec 9, T. 1 S , R. 9 E , Livonia Township,
Wayne County, Michigan, as recorded in Liber 69, Page 28, W.0 R.
and more particularly described as follows
Commencing at the N W corner of said Lot 9, thence North
89°56'45" East 210 feet, which is also the South line of Seven
100 Mile Road, thence South 0°26'24" West 207.50 feet, which is
also the West line of Laurel Road, thence South 89°56'45" West
210 feet, thence North 0°26'24" East 207 50 feet, to the place
of beginning
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PARCEL "B"
A parcel of land being part of Lot 9, Winfield Estates Sub. ,
of the N.W 1/4 of Sec 9, T 1 S , R 9 E. , Livonia Township,
Wayne County, Michigan, as recorded in Liber 69, Page 28, W.0 R.
and more particularly described as follows
Commencing at the N.W corner of said Lot 9, thence North
89°56'45" East 210 feet which is also the South line of Seven
Mile Road, thence South 0°26' 24" West, which is also the West
line of Laurel Road, 207 50 feet to the place of beginning,
and proceeding thence South 0°26'24" West 103 75 feet, thence
South 89°56'45" West 210 feet, thence North 0°26'24" East 103 75
feet, thence North 89°56'45" East 210 feet, to the place of
beginning.
PARCEL "C"
A parcel of land being part of Lot 9, Winfield Estates Sub ,
of the N W 1/4 of Sec 9, T 1 S , R 9 E. , Livonia Township,
Wayne County, Michigan, as recorded in Liber 69, Page 28, W.C.R
and more particularly described as follows
Commencing at the N.W. corner of said Lot 9, thence North
89°56'45" East 210 feet, which is also the South line of Seven
ifte Mile Road, thence South 0°26'24" West, which is also the West
line of Laurel Road, 311 .25 feet to the place of beginning,
and proceeding thence South 0°26' 24" West 103 75 feet, thence
South 89°56'45" West 210 feet, thence North 0°26'24" East 103 75
feet, thence North 89°56'45" East 210 feet, to the place of
beginning
as shown on the map attached to the aforesaid communication
which is made a part hereof by reference, and the City Clerk
is hereby requested to cause a certified copy of this resolution
to be recorded in the Office of the Wayne County Register of
Deeds
#630-87 RESOLVED, that having considered the report and
recommendation of the City Engineer dated June 11 , 1987 and
approved for submission by the Mayor Pro Tem with regard to
the development of Classic Interiors, at 20292 Middlebelt Road,
Livonia, Michigan, and a request from the Wayne County Public
Service Division that the City take jurisdiction and control
of a section of 4 inch storm sewer to be constructed at the
owner's expense within the Middlebelt Road right-of-way, the
Council does hereby determine as follows
1 . To advise the Wayne County Public Service Division (Permit
Section) of the City' s willingness to accept jurisdiction
imw and maintenance of a 4 inch storm sewer (approximately
22 l .f ) connection to an existing 15 inch storm sewer
within the Middlebelt Road right-of-way in connection
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lay with the development of a retail building addition located
on the east side of Middlebelt Road in the N.W. 1/4
of Section 1 (in this connection, the attached letter
from the owners indicates their willingness to reimburse
the City for any such maintenance that may become
necessary) , and
2. To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection
with the above storm sewer construction
#631-87 RESOLVED, that having considered a letter from the
Engineering Department and the City Librarian dated June 11 ,
1987 and approved for submission by the Mayor Pro Tem, the Council
does hereby accept the bid of Novard of Michigan, P 0. Box 540,
Novi , Michigan 48050 to install a "Direct Digital Control System"
at the Civic Center Library for the price of $132,900.00 (includes
$2,900 00 extra enhancement fixture item) the same having been
in fact the lowest bid received and meets specifications, further,
the Council does hereby authorize an amount not to exceed
$15,000 00 under miscellaneous specialties, which Kamp-DiComo
Associates can use for entering into small contracts for the
Civic Center Library, subject to the approval of the Livonia
Municipal Building Authority.
lbw #632-87 RESOLVED, that having considered a communication from
the Department of Law, dated June 26, 1987, approved by the
Director of Finance and the City Engineer, and approved for
submission by the Mayor Pro Tem, the Council does hereby authorize
the Department of Law to acquire property located at 9134 Newburgh
Road, Livonia, Michigan, 48150, from Willard H Vanderhoof,
which land is more particularly described as follows
Part of Lot 746, Supervisor' s Livonia Plat No 12 of part of
Section 32, Town 1 South, Range 9 East, described as follows
Beginning at a point on the West line of said Section 32, 1014 50
feet due South of the West quarter corner of said Section, thence
South 87 degrees 49 minutes 15 seconds East 328 feet to a point,
thence due South 152.75 feet to a point, thence North 87 degrees
49 minutes 15 seconds West, 328 feet to a point on the West
line of Section 32, thence due North along said line 152.75
feet to the point of beginning, City of Livonia, Wayne County,
Michigan, as recorded in Liber 66, page 65 of Plats, Wayne County
Records
(9134 Newburgh Road, Livonia, Michigan Tax Item No
46-121-01-0746-003)
subject to the following terms and conditions
1 The purchase price shall be in the amount
of $75,000.00.
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lbw 2 The City shall pay the cost of title work
in the sum of $400 00,
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
$1600.00,
Further, that a sum not to exceed $77,010.00 is hereby
appropriated and authorized to be expended from the 7.9 Million
Dollar General Obligation Road Improvement Bond Issue for this
purpose, and the Department of Public Works is hereby requested
to do all things necessary upon the vacating of the aforesaid
property to demolish and remove the buildings therein in an
expeditious manner
#633-87 RESOLVED, that having considered Petition 87-7-3-7
submitted by Dianne Moyer dated June 27, 1987 wherein a request
is made for the vacating of a certain alley located north of
Joy Road running east and west between Houghton and Hix, north
of Joy Road, the Council does hereby refer the same to the City
Planning Commission for action and recommendation in accordance
with provisions of law and City ordinance
Imo
#634-87 RESOLVED, that having considered a communication from
the Livonia Historical Commission dated July 2, 1987, approved
by the Finance Director and approved for submission by the Mayor
Pro Tem wherein permission is requested for the Commission to
conduct a Needlework Show at Greenmead on August 2, 1987, in
lieu of the Livonia Historical Society, and further requests
a waiver of transient merchant license fees for the craft booths,
the Council does hereby grant and approve this request in the
manner and form herein submitted
#635-87 RESOLVED, that having considered the report and
recommendation of the Labor Relations Director dated July 6,
1987 which bears the signature of the Finance Director and is
approved for submission by the Mayor Pro Tem, and wherein it
is recommended that in accordance with the contract previously
authorized between the City and Allied Communications, Inc ,
17360 West Eight Mile Road, Southfield, Michigan 48075, in Council
Resolution 338-85, and which was previously extended in Council
Resolution 614-86, and which recommends an additional one-year
extension for the maintenance of the City's telephone system
on the basis of the same monthly rate previously authorized
in the amount of $1 ,187.36, the Council does hereby concur in
and approve of such action
iww #636-87 WHEREAS, pursuant to the direction of the City Council
in its resolution 408-87, adopted on May 6, 1986, and in
accordance with Section 3 08 100 of the Livonia Code of
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Ordinances, as amended, the City Assessor of the City of Livonia
imw has prepared, reported and certified to the Council under date
of June 15, 1987 an assessment roll dated June 15, 1987 for
the proposed improvement consisting of placing approximately
4 inches of asphalt over the existing roadway (20 to 22 feet
wide) (Alternate IV) on Fairfield and Mayfield south of Six
Mile Road containing the special assessments to be assessed
and levied, respectively, in the proposed special assessment
district heretofore established for the construction and operation
of the proposed improvement in said district as designated in
Council Resolution 408-87
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted
by the City Council , that it is hereby ordered to be filed in
the office of the City Clerk for public examination, that the
City Clerk be and hereby is directed to give notice as required
by the provisions of Section 3 08 110 of the Livonia Code of
Ordinances, as amended, to wit that the assessment roll has
been made and filed in the office of the City Clerk for public
examination and that the City Council of the City of Livonia
will meet in the City Hall , 33000 Civic Center Drive, Livonia,
Michigan, on Monday, August 17, 1987, at 8 00 P.M to review
the said Special Assessment Roll at which time and place
opportunity will be given to all interested persons to be heard,
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least
once in the official newspaper of the City of Livonia which
is published and circulated generally in and throughout the
said City, at least ten (10) days prior to the aforesaid date
of Monday, August 17, 1987, at 8 00 P M , the City Clerk is
also directed to give notice of said hearing by sending written
notice thereof by first class mail to each and every property
owner in the proposed assessment district as their respective
names and addresses appear on the most current assessment roll
in the City Assessor's office
#637-87 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, August 31 ,
1987 at 8 00 P.M , the City Hall , 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following items
(1 ) Petition 87-5-1-21 , submitted by Philip Barth for
a change of zoning of property located on the east
side of Farmington Road between Curtis and Pickford
in the Northwest 1/4 of Section 10, from R-1 to P.S. ,
the City Planning Commission in its resolution 6-127-87
23506
having recommended to the City Council that Petition
87-5-1-21 be approved,
(2) Petition 87-5-1-20, submitted by Donald and Charles
Colsher for a change of zoning of property located
on the north side of Bretton Road between Middlebelt
and Louise in the Southeast 1/4 of Section 2, from
P.L to RUFA, the City Planning Commission in its
resolution 6-126-87 having recommended to the City
Council that Petition 87-5-1-20 be approved,
(3) Petition 87-4-1-19, submitted by S E.M M Company
for a change of zoning of property located on the
east side of Newburgh Road, north of Seven Mile Road
in the Southwest 1/4 of Section 5 from RUFC to C-1 ,
the City Planning Commission in its resolution 6-125-87
having recommended to the City Council that Petition
87-1-1-19 be denied.
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendments to the Zoning Ordinance, and/or
(b) location of the proposed changes of zoning as set forth
160 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
#638-87 RESOLVED, that having considered a communication
dated July 2, 1987 from Rapid Oil Change which in accordance
with the provisions of Section 19 08 of Ordinance 543, as
amended, the Zoning Ordinance, takes an appeal from a
determination made on June 30, 1987 by the City Planning
Commission in its resolution 6-147-87 with regard to Petition
87-5-2-21 , submitted by Rapid Oil Change requesting permission
to construct and operate a quick oil change business located
on the South side of Five Mile Road in Section 23, the Council
does hereby designate Monday, August 31 , 1987, at 8 00 P.M.
as the date and time for conducting a public hearing with
regard to this matter, such hearing to be held at the City
Hall , 33000 Civic Center Drive, Livonia, Michigan, and the
City Clerk is hereby requested to do all things necesary in
order to give proper notice in writing, as well as by the
publication of a notice in the City' s official newspaper of
such hearing and the date and place thereof, in compliance
with the requirements set forth in Ordinance 543, as amended,
the Zoning Ordinance of the City of Livonia
23507
LA roll call vote was taken on the foregoing resolutions with the following result.
AYES. McCotter, Feenstra, Taylor, Bennett, Ochala, McCann.
NAYS: None.
On a motion by Councilman Feenstra, seconded by Councilman Taylor, and
unanimously adopted, it was
#639-87 RESOLVED, that having considered the report and
recommendation of the Finance and Insurance Committee dated
July 7, 1987 and submitted pursuant to Council Resolution 547-87
in connection with a communication from the Director of Finance
dated June 4, 1987, approved for submission by the Mayor Pro
Tem with regard to a possible change in the form of the City' s
investments and having also considered a communication from
the City Treasurer dated June 8, 1987 in connection therewith,
the Council does hereby authorize the Finance Director to enter
into negotiations with Michigan banking institutions regarding
the establishment of a trust agreement for the purpose of
investing in U.S. Government backed higher yield long term
securities in accordance with applicable law
On a motion by Councilman Bennett, seconded by Councilman Taylor, and
unanimously adopted, it was
#640-87 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole dated July 6, 1987
submitted pursuant to Council Resolution 552-87 in connection
with a communication from the City Auditor, Plante & Moran,
27400 Northwestern Highway, P O. Box 307, Southfield, Michigan
48037-0307 dated May 18, 1987 to which is attached the financial
report with additional information for the year ending November
30, 1986, the Council does hereby determine as follows.
A. INVESTMENTS
This matter is being reported out by the Finance and
Insurance Committee;
B. CITY CHARTER RECOMMENDATIONS (PURCHASES AND BIDDING
PROCEDURES)
Refer to the Finance Director for his report and
recommendation as to any modification in the present
Lordinance which the City Council should consider,
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Imo C. CITY COUNCIL PROCEDURES
No further action,
D. PENALTY & SHUTOFF PROCEDURE
Refer to the Water & Sewer Board and the Water
Department for a report and recommendation with
respect to adding a reasonable fee or penalty on
untility bills which are added to the tax roll ,
E. ELIMINATE & COMBINE UNNECESSARY FUNDS
Refer to the Finance Director for a report and
recommendation to be submitted to the Finance &
Insurance Committee,
F. BUDGETING
Refer to the Finance Director for his report and
recommendation,
G. ADMINISTRATIVE FEES
Refer to the Finance Director for his report and
recommendation,
H. INTERNAL AUDIT PROCEDURES
Request the Finance Director to implement the comments
and suggestions,
I INTERFUND RECEIVABLES AND PAYABLES
No further action,
J. THE SINGLE AUDIT ACT
No further action,
K. LONG-TERM DEBT
Refer to the Finance Director for his report and
recommendation, and
L. CONDITION OF ACCOUNTING RECORDS AND FINANCIAL
REPORTING
No further action
On a motion by Councilman Feenstra, seconded by Councilman Taylor, and
unanimously adopted, it was
23509
Ibm #641-87 RESOLVED, that having considered the report and
recommendation of the Water, Drainage, Sewage and Waste Disposal
Study dated July 7, 1987 with regard to the City's Waste Disposal
Contract, the Council does hereby request that the Department
of Public Works prepare specifications for solicitation of
proposals for the City Waste Disposal Service.
On a motion by Councilman Taylor, seconded by Councilman Bennett,
it was
#642-87 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole dated July 8, 1987
and submitted pursuant to Council Resolution 196-87 in connection
with a request that the matter of Special Assessment District
271 , Parcel A2a, be held in abeyance until the Committee of
the Whole has an opportunity to review findings to be submitted
by Dykema, Gossett, Spencer, Goodnow & Trigg, the Council does
hereby determine to take no further action with regard to reducing
the assessment charged to parcel A2a, leaving the assessment
roll as is, and the action taken in Council Resolution 196-87
is hereby terminated
LA roll call vote was taken on the foregoing resolution with the following result.
AYES. Feenstra, Taylor, Bennett, Ochala, McCann.
NAYS. McCotter.
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Feenstra,
and unanimously adopted, it was
#643-87 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole dated July 8, 1987
submitted pursuant to Council Resolution 247-87 in connection
with the report and recommendation of the City Engineer dated
February 23, 1987 which bears the signature of the Finance
Director and is approved for submission by the Mayor Pro Tem
and which submits final information with regard to Cavell (Five
Mile To Oakley) and Oakley (Cavell to Inkster) Street Paving
Project, S.A.D. 271 , the Council does hereby determine as follows.
23510
1 Authorize reducing the assessments as set forth in the
confirmed assessment roll for S A D 271 , the revised
assessments to be based upon an assessment rate of $47.88
P.F.F rather than $50 65 P.F.F.
2 Establish the final project cost at $368,319.28. Of
this total , $260,580 17 is to be charged to the Cavell
(5 Mile to Oakley) and Oakley (Cavell to Inkster) S A.D.
271 and $107,811 .11 is to be assumed by the City' s Motor
Vehicle Highway Fund receipts
3 Authorize the City Assessor to increase the assessments
for parcels listed in Attachment III of City Engineer's
letter dated February 23, 1987, so as to include the
cost of additional work requested by homeowners within
the assessment district.
Councilwoman McCotter took from the table and gave second reading to
the following Ordinance
lb,
AN ORDINANCE AMENDING SECTION 160 OF
TITLE 9, CHAPTER 32 (ALCOHOLIC BEVERAGES)
OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result
AYES. McCotter, Feenstra, Taylor, Bennett, Ochala, McCann.
NAYS None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication
Councilman Ochala 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 87-2-1-7, change of
zoning from RUF to P S )
Councilman Ochala invoked the Emergency Clause and gave second reading to the
following Ordinance and a roll call vote was taken thereon with the following result
23511
liw AYES. McCotter, Feenstra, Taylor, Bennett, Ochala, McCann.
NAYS• None
The President declared the foregoing Ordinance duly adopted and would become
effective on publication
Councilman Feenstra 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 87-1-1-1 , change of
zoning from RUF to R-1 and P S )
Councilman Ochala invoked the Emergency Clause and gave second reading to the
following Ordinance and a roll call vote was taken thereon with the following result
AYES. McCotter, Feenstra, Taylor, Bennett, Ochala, McCann.
NAYS. None
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
On a motion by Councilman Feenstra, seconded by Councilman Taylor,
it was
#644-87 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission dated March 26, 1987, the
report and recommendation of the Chief of Police dated June
5, 1987 in connection therewith, and a letter from Majid Hanna
dated June 25, 1987, the Council does hereby deny the request
for approval of a transfer of a 1986 SDM licensed business from
Alexander B. Brandon to Majid Hanna for a business located at
16721 Middlebelt, Livonia, Michigan, the action herein being
taken for the reasons indicated in the letter from Mr Hanna ,
and the City Clerk is hereby requested to forward a certified
copy of this resolution to the Michigan Liquor Control Commission
A roll call vote was taken on the foregoing resolution with the following result
AYES. McCotter, Feenstra, Taylor, Ochala, McCann
NAYS. Bennett.
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The President declared the resolution adopted
ibm
On a motion by Councilman Feenstra, seconded by Councilman Ochala, and
unanimously adopted, it was
#645-87 RESOLVED, that having considered letters dated June
22, 1987 and July 9, 1987 from Donal M. Stanton, 19658 Melvin
Street, Livonia, Michigan 48152 regarding the denial of his
claim by the City's insurance representative, regarding alleged
damages incurred by him on March 30, 1987 as a result of a sewer
backup into his basement, the Council does hereby refer this
item to the Finance and Insurance Committee for its report and
recommendation.
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
it was
#646-87 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission dated May 19, 1987, and the
report and recommendation of the Chief of Police dated June
29, 1987 in connection therewith, the Council does hereby approve
of the request from Richard E Sikorski , stockholder in Charley' s
Restaurants, Inc. , to transfer ownership of 1987 Class C License
Business from C. A. Muer Corporation with Outdoor Service Permit,
for a business located at 31501 Schoolcraft, Livonia, Michigan
48150, Wayne County, and the City Clerk is hereby requested
to forward a certified copy of this resolution to the Michigan
Liquor Control Commission
A roll call vote was taken on the foregoing resolution with the following resolution
AYES McCotter, Taylor, Bennett, Ochala, McCann
NAYS Feenstra.
The President declared the resolution adopted
On a motion by Councilman Bennett, seconded by Councilman Feenstra, and
unanimously adopted, it was
#647-87 RESOLVED, that having considered a communication from
the Director of Community Resources dated June 20, 1987, approved
by the City Attorney and the Finance Director and approved for
submission by the Mayor Pro Tem and to which are attached the
23513
following agreements for subsidized transportation for seniors
and handicapped citizens in the communities of Livonia,
Northville, Plymouth, Plymouth Township, Northville Township,
Farmington and Farmington Hills.
Agreement between City of Livonia and SEMTA for FY 1987
Agreement between City of Livonia and Northwest Transport
for FY 1987
Amendatory Agreement between City of Livonia and SEMTA
for FY 1987
the Council does hereby approve these agreements and authorize
the Mayor Pro Tem and City Clerk for and on behalf of the City
of Livonia to execute the proposed agreements subject to approval
as to form by the Department of Law
On a motion by Councilman Feenstra, seconded by Councilman Ochala, and
unanimously adopted, it was
#648-87 RESOLVED, that having considered a communication from
the Director of Community Resources dated June 30, 1987, approved
by the City Assessor and the Finance Director and approved for
submission by the Mayor Pro Tem and to which is attached an
agreement between the City of Livonia and Alternative Community
Transportaton Service for a portion of FY 1987 and all of FY
1988 with regard to subsidized transportation of seniors and
handicapped citizens, the Council does hereby approve the
revisions referred to in the aforesaid communication and does
further authorize the Mayor Pro Tem and City Clerk for and on
behalf of the City of Livonia to execute the attached agreements
for SEMTA and Alternative Community Transportation
Service/1987/1988 providing that the agreements are approved
as to form by the Department of Law, and the Council does hereby
authorize the said item without competitive bidding in accordance
with the provisions set forth in Section 3 04 140.D.5 of the
Livonia Code of Ordinances, as amended
On a motion by Councilwoman McCotter, seconded by Councilman Feenstra,
and unanimously adopted, it was
#649-87 RESOLVED, that having considered a communication from
the Michigan Municipal Workers' Compensation Fund dated June
25, 1987 regarding the 1987 election of seven Fund Trustees,
the Council does hereby determine to take no further action.
23514
On a motion by Councilman Feenstra, seconded by Councilman Taylor, and
Lem unanimously adopted, it was
#650-87 RESOLVED, that having considered a communication from
the Department of Law dated June 16, 1987 and submitted pursuant
to Council Resolution 521-85 regarding the matter of whether
a minimum age should be established for door-to-door solicitation,
the Council does hereby determine to take no further action
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#651-87 RESOLVED, that having considered a letter from Joseph
W. Sutschek, 4540 Arline, Orchard Lake, Michigan 48033 dated
July 1 , 1987 which appeals a decision made by the Water and
Sewer Board with regard to a request for reimbursement of expenses
for sewer connection costs, the Council does hereby determine
to deny this request and to take no further action.
On a motion by Councilman Feenstra, seconded by Councilman Taylor,
it was
#652-87 RESOLVED, that having considered a communication from
the City Planning Commission dated April 29, 1987 which sets
forth its resolution 4-77-87 adopted on April 21 , 1987 with
regard to Petition 87-1-1-4, submitted by K-1 Partners for a
change of zoning on property located on the south side of Five
Mile Road, east and west of Gary Lane in the Northwest 1/4 of
Section 21 , from R-2 to R-6, and the Council having conducted
a public hearing with regard to this matter on Monday, June
29, 1987 pursuant to Council Resolution 452-87, the Council
does hereby concur in the recommendation of the Planning
Commission and the said Petition 87-1-1-4 is hereby denied for
the same reasons as those set forth in the action taken by the
Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCotter, Feenstra, Taylor, Bennett, Ochala, McCann.
NAYS: None.
On a motion by Councilman Taylor, seconded by Councilman Bennett,
I.. it was
23515
iim #653-87 RESOLVED, that having considered a communication from
the City Planning Commission dated April 30, 1987 which sets
forth its resolution 4-78-87 adopted on April 21 , 1987 with
regard to Petition 87-2-1-11 , submitted by Richard M. Lewiston
for a change of zoning on property located on the northwest
side of Joy and Hix Roads in the Southwest 1/4 of Section 31 ,
from C-2, P S , and R-1 to R-7, and the Council having conducted
a public hearing with regard to this matter on Monday, June
29, 1987 pursuant to Council Resolution 452-87, the Council
does hereby concur in the recommendation of the Planning
Commission and the said Petition 87-2-1-11 is hereby denied
for the same reasons as those set forth in the action taken
by the Planning Commission
A roll call vote was taken on the foregoing resolution with the following result:
AYES. McCotter, Feenstra, Taylor, Bennett, Ochala, McCann.
NAYS: None.
On a motion by Councilwoman McCotter, seconded by Councilman Ochala,
it was
#654-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 30, 1987, which sets
forth its resolution 4-79-87 adopted on April 21 , 1987 with
regard to Petition 87-2-1-12, submitted by David Phipps for
a change of zoning on property located on the west side of
Farmington between Five Mile Road and Lyndon in the Northwest
1/4 of Section 21 , from R-2 to R-9II and P S , and the Council
having conducted a public hearing with regard to this matter
on Monday, June 29, 1987 pursuant to Council Resolution 452-87,
the Council does hereby refer this item to the Committee of
the Whole for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result.
AYES. McCotter, Feenstra, Taylor, Bennett, Ochala, McCann.
NAYS: None.
On a motion by Councilman Feenstra, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#655-87 RESOLVED, that having considered a communication from
im. the City Planning Commission, dated April 30, 1987, which sets
forth its resolution 4-85-87 adopted on April 21 , 1987 with
regard to Petition 87-3-6-1 , submitted by the City Planning
23516
lbw Commission to amend Section 2.10, Definitions of Miscellaneous
Terms, of Zoning Ordinance 543 by incorporating language regarding
the size of private garages, and the Council having conducted
a public hearing with regard to this matter on Monday, June
29, 1987 pursuant to Council Resolution 452-87, the Council
does hereby concur in the recommendation of the Planning
Commission and the said Petition 87-3-6-1 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
On a motion by Councilman Bennett, seconded by Councilman Taylor,
it was
1656-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 20, 1987 which sets
forth its resolution 5-95-87 adopted on May 12, 1987 with regard
to Petition 87-3-1-15, submitted by Ted D Zuchlewski for a
change of zoning on property located on the west side of
Farmington Road, north of Seven Mile Road in the Southeast 1/4
of Section 4 from RUFC to C-2, and the Council having conducted
a public hearing with regard to this matter on Wednesday, July
8, 1987 pursuant to Council Resolution 498-87, the Council does
lbw hereby concur in the recommendation of the Planning Commission
and the said Petition 87-3-1-15 is hereby denied for the same
reasons as those set forth in the action taken by the Planning
Commission.
A roll call vote was taken on the foregoing resolution with the following result
AYES McCotter, Feenstra, Taylor, Bennett, Ochala, McCann.
NAYS None
On a motion by Councilman Feenstra, seconded by Councilman Ochala,
it was
#657-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 20, 1987 which sets
forth its resolution 5-98-87 adopted on May 12, 1987 with regard
to Petition 87-4-1-18, submitted by Anthony C Rea for a change
of zoning on property located on the northeast corner of Wayne
Road and Ann Arbor Trail in the Southwest 1/4 of Section 33
from C-1 to C-2, and the Council having conducted a public hearing
with regard to this matter on Wednesday, July 8, 1987 pursuant
iww to Council Resolution 498-87, the Council does hereby concur
in the recommendation of the Planning Commission and the said
Petition 87-4-1-18 is hereby denied for the same reasons as
those set forth in the action taken by the Planning Commission.
23517
Imo A roll call vote was taken on the foregoing resolution with the following result
AYES. McCotter, Feenstra, Taylor, Bennett, Ochala, McCann
NAYS: None.
On a motion by Councilman Taylor, seconded by Councilman Ochala,
it was
#658-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 21 , 1987 which sets
forth its resolution 5-105-87 adopted on May 12, 1987 with regard
to Petition 87-3-1-13, submitted by S EMM G for a change
of zoning on property located on the south side of Seven Mile
Road, west of Stamford in the Northeast 1/4 of Section 9, from
R-3 to R-2 and C-1 , and the Council having conducted a public
hearing with regard to this matter on Wednesday, July 8, 1987
pursuant to Council Resolution 498-87, the Council does hereby
concur in the recommendation of the Planning Commission and
the said Petition 87-3-1-13 is hereby approved and granted except
for the west 14 feet, and the City Planner is hereby instructed
to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish
the same to the Department of Law and, upon receipt of such
map, the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this
resolution.
On a motion by Councilman Feenstra, seconded by Councilman Bennett,
the following substitute resolution was moved
RESOLVED, that having considered a communication from
the City Planning Commission, dated May 21 , 1987 which sets
forth its resolution 5-105-87 adopted on May 12, 1987 with regard
to Petition 87-3-1-13, submitted by S.E M.M G for a change
of zoning on property located on the south side of Seven Mile
Road, west of Stamford in the Northeast 1/4 of Section 9, from
R-3 to R-2 and C-1 , and the Council having conducted a public
hearing with regard to this matter on Wednesday, July 8, 1987
pursuant to Council Resolution 498-87, the Council does hereby
concur in the recommendation of the City Planning Commission
and said Petition 87-3-1-13 is hereby approved and granted in
its entirety, and the City Planner is hereby instructed to cause
the necessary map for publication to be prepared indicating
im. the zoning change herein approved and to furnish the same to
the Department of Law and, upon receipt of such map, the
Department of Law is requested to prepare an ordinance amending
Ordinance 543, as amended, in accordance with this resolution
23518
A roll call vote was taken on the substitute resolution with the following result•
AYES. Feenstra, Bennett.
NAYS: McCotter, Taylor, Ochala, McCann.
The President declared the substitute resolution denied
On a motion by Councilman Feenstra, it was
RESOLVED, that the foregoing resolution be amended
so as to except the west 20 feet in lieu of the west 14 feet
The foregoing motion failed for lack of support
A roll call vote was taken on the original motion with the following result.
AYES McCotter, Feenstra, Taylor, Bennett, Ochala, McCann
NAYS None
On a motion by Councilman Feenstra, seconded by Councilman Ochala,
it was
#659-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 17, 1987, which sets
forth its resolution 6-128-87 adopted on June 16, 1987 with
regard to petition 87-5-2-15 submitted by Lidia Veri requesting
waiver use approval to utilize an SDM License in connection
with a proposed bakery to be located on the north side of Seven
Mile Road, east of Farmington Road in the Southwest 1/4 of Section
3, which property is zoned C-1 , and the Council having conducted
a public hearing with regard to this matter on Wednesday, July
8, 1987 pursuant to Council Resolution 578-87, the Council does
hereby concur in the recommendation of the City Planning
Commission and the said Petition 87-5-2-15 is hereby denied,
for the same reasons as those set forth in the action taken
by the Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES• McCotter, Feenstra, Taylor, Bennett, Ochala
NAYS• McCann
The President declared the resolution adopted
23519
ImmOn a motion by Councilman Feenstra, seconded by Councilwoman McCotter,
it was
#660-87 RESOLVED, that the City Engineer having filed with
the City Clerk a statement dated May 6, 1987 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 July 8, 1987, 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 and water main construction
improvements on Munger, east of Merriman, T.15. , R.9E
in the Northwest 114 of Section 14, 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 May
6, 1987,
(4) determine that the estimated cost of such improvement
is $52,485.
(5) determine that the cost of said improvement shall
be paid for 100% by special assessments on the property
benefited thereby 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 0% and that the balance of said cost and expense
of said public improvement amounting to $52,485.18
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 for such improvement may
be paid in ten (10) annual installments together with
interest thereon on the unpaid balance,
ihm (8) designate the assessment district, describing the
land and premises upon which special assessments shall
be levied as follows.
23520
A special assessment district in the N. W. 1/4 of
Section 14, T. 1 S. , R. 9 E , City of Livonia, Wayne
County, Michigan, described as containing the property
shown on the Special Assessment District Plan and
the Special Assessment Roll .
(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 attached 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCotter, Feenstra, Bennett, Ochala, McCann.
NAYS: Taylor.
The President declared the resolution adopted.
On a motion by Councilman Feenstra, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#661-87 RESOLVED, that having considered the report and
recommendation of the Roads Beautification Committee dated July
9, 1987 and submitted pursuant to Council Resolution 462-87
and having also considered a letter from the Planning Director
dated July 9, 1987 in connection with a letter from the Michigan
Liquor Control Commission dated March 12, 1987 and the report
and recommendation of the Chief of Police dated May 5, 1987,
the Council does hereby approve of the request from Jeffery
Yaffai to transfer ownership of a 1986 SDM licensed business
from Noori Jolagh for a business known as Livonia Party Mart
23521
Imo and located at 28905 Plymouth Road, Livonia, Michigan 48150,
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 Taylor, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#662-87 RESOLVED, that having considered a communication dated
July 1 , 1987, from the Department of Law transmitting for Council
acceptance a Warranty Deed, more particularly described as
Warranty Deed dated June 29, 1987, executed by Angelo
D'Orazio, Tony Naurato, Donato Veri , and Joseph P. Durso,
co-partners of Stark Plaza, a Michigan co-partnership,
for:
The North 60 feet and also the West 40 feet of the following
parcel of land.
A parcel of land located in the N E 1/4 Section 33, T.1S. ,
R.9E. , City of Livonia, being more particularly described
lio as: Beginning at the North 1/4 corner of Section 33,
proceeding thence S. 0 degrees 56' E. 478.0 feet; thence
N. 88 degrees 29' E. 399 94 feet, thence N. 0 degrees
56' W. 467.41 feet, thence due West 400.00 feet to the
point of beginning. (Plymouth Road and Stark Road
rights-of-way respectively)
the Council does hereby for and in behalf of the City of Livonia
accept the aforesaid Warranty Deed and the City Clerk is hereby
requested to have the same recorded in the Office of the Register
of Deeds and to do all other things necessary or incidental
to fulfill the purpose of this resolution
On a motion by Councilman Feenstra, seconded by Councilwoman McCotter,
and unanimously adopted, it was
1663-87 RESOLVED, that having considered a communication from
the Department of Law, dated July 1 , 1987, submitted pursuant
to Council Resolution 520-87, transmitting for Council acceptance
a warranty deed dated July 1 , 1987, executed by Anna E. Lockwood,
survivor of herself and Willard E. Lockwood, her deceased husband,
conveying to the City certain property described as follows.
Iwo Lot 8, except the West 70 feet thereof, Horton' s
Subdivision, as recorded in Liber 32, Page 24 of Plats,
Wayne County Records.
23522
the Council does hereby determine, for and on behalf of the
City of Livonia, to accept the aforesaid warranty deed and the
City Clerk is hereby requested to have the same recorded with
the Wayne County Register of Deeds and to do all other things
necessary or incidental to the full performance of this
resolution, further, the City Assessor is hereby requested to
have this property removed from the tax rolls and to show the
same as City-owned and tax exempt.
On a motion by Councilman Taylor, seconded by Councilman Ochala, and
unanimously adopted, it was
1664-87 RESOLVED, that having considered a communication dated
June 25, 1987, from the Department of Law transmitting for Council
acceptance two (2) Grants of Easement, more particularly described
as:
(1 ) Grant of Easement dated June 12, 1987, executed by
Earl P. Harkins and Patricia A Harkins, his wife
for
The South 10 feet of the following described parcel :
Lot 146 of Brightmoor Home Acres Subdivision, being
a part of the S.W. 1/4 of Section 15, T.1S. , R.9E. ,
Livonia Township, (now City of Livonia), Wayne County,
Michigan. (Bureau of Taxation parcel 15b146)
AND
(2) Grant of Easement dated June 12, 1987, executed by
Donald N. Misenar and Linda S. Misenar, his wife for:
The South 10 feet of the following described parcel .
The South 70 feet of lot 135 of Brightmoor Homes Acres
Subdivision, being a part of the S W. 1/4 of Section
15, T.1S. , R.9E. , Livonia Township (now City of
Livonia), Wayne County, Michigan
(Bureau of Taxation Parcel 15b135B)
the Council does hereby for and in behalf of the City of Livonia
accept the aforesaid Grants of Easement and the City Clerk is
hereby requested to have the same recorded in the Office of
Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution.
23523
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#665-87 RESOLVED, that having considered a communication from
the Mayor Pro Tem dated July 6, 1987 which bears the signature
of the Finance Director and which recommends certain salary
and benefit changes for administrative and professional and
other employees of the City including appointees and confidential
and other employees not covered by contracts which adjustments
and wages and other benefits are subject to final adjustment
pursuant to Local 192 contract settlement and which proposal
is made for the years beginning December 1 , 1986, December 1 ,
1987 and December 1 , 1988, with the wage adjustment for the
first year being made retroactive to and commencing from December
1 , 1986, and the overall terms and conditions of which are as
follows•
WAGE ADJUSTMENT: 1986-87 4. 5%
1987-88 3 0%
1988-89 3.0%
Wages subject to final adjustment pursuant
to Local 192 contract settlement
lip PENSION. For the period December 1 , 1986 through
November 30, 1989, an early retirement
window will be provided which will permit
employees whose age and length of city
service equals at least 80 years or
employees age 55 with at least 10 years
of service to retire with full benefits
HOLIDAYS. Presidents Day in lieu of Lincoln's
Birthday.
VACATION: YEARS OF SERVICE DAYS OF ANNUAL
1 - 5 10 working days
5 - 10 15 working days
10 - 20 20 working days
20 - 25 22 working days
25 or more 23 working days
PAID UP LIFE INSURANCE FOR RETIREES.
ift. $3000 with $1 ,000 decrease per step
in the present life insurance plan
for active members
23524
lbw
DENTAL Employee is permitted to carry over
unused benefits up to amounts
indicated on the table below They
will also be permitted to receive
an advance on benefits, subject
to a pro-rata pay back on termination
prior to the end of the contract.
The pay back will be deducted from
the employee's last check
12/1/85 12/1/86 12/1/87 12/1/88
Reimbursed 275 325 350 375
Carry Over 500 600 675 725
OPTICAL The amounts shown below apply once
every two years to the provider
of the employee' s choice. This
is an alternative to once every
two years for each of the employee's
family members as presently provided.
12/1/86 12/1/87 12/1/88
Iwo 45 60 75
TRAINING
ALLOWANCE• One time only allowance of $100.00
in 1986-87 for each employee who
works on a CRT or an electric
typewriter
MEDICAL BENEFITS. Will be adjusted pursuant to the
Local 192 settlement
the Council does hereby concur in and approve of the aforesaid
action in the manner and form herein submitted
On a motion by Councilman Feenstra, seconded by Councilman Ochala, and
unanimously adopted, it was
4666-87 WHEREAS, it has recently been determined that CTANS
may no longer be utilized in connection with summer tax
collections, and
WHEREAS, the Livonia and Clarenceville School Districts
ib. now find themselves to be in the pre-CTAN environment concerning
tax collections, and
23525
ImmtWHEREAS, the School Districts are concerned with frequency
and timeliness of collections, to preclude the liquidity problems
the summer tax collections were intended to eliminate; and
WHEREAS, a solution to this problem has been proposed
in the form of a remittance schedule to cover summer tax
collections for the period July 1 to October 15, 1987, which
schedule is as follows.
SUMMER TAX COLLECTION
July 1 to October 15, 1987
REMITTANCE SCHEDULE
Collection Period Remittance Schedule
7/01 - 7/10 7/17
7/13 - 7/24 7/31
7/27 - 7/31 8/07
8/03 - 8/07 8/14
8/10 - 8/14 8/21
8/17 - 8/21 8/28
8/24 - 8/28 9/04
8/31 - 9/04 9/11
9/07 - 9/11 9/18
9/14 - 9/18 9/25
Settlement 10/15
Ten payments plus a final settlement over a 105 day interval .
NOW, THEREFORE, BE IT RESOLVED, that the City Council
does hereby request that the City Treasurer do all things
necessary in the collection, remittance and distribution of
summer taxes to the Livonia and Clarenceville Public Schools
School Districts to conform to and comply with the aforesaid
remittance schedule.
On a motion by Councilman Taylor, seconded by Councilman Ochala, and
unanimously adopted, it was
#667-87 RESOLVED, that having considered the report and
recommendation of the City Engineer dated June 26, 1987 and
approved for submission by the Mayor pro Tem, the Council does
hereby authorize the Mayor Pro Tem and City Clerk for and on
behalf of the City of Livonia to execute an appropriate deed
conveying the following right-of-way for Merriman Road from
the City of Livonia to the County of Wayne:
i..
23526
A parcel of land in the N.E. 1/4 of Section 27, T.1S. , R.9E. ,
City of Livonia, Wayne County, Michigan, described as follows:
Commencing at the E. 1/4 corner of Section 27, T.1S. , R.9E. ,
and proceeding thence along the E. line of said Section 27,
N. 09D2'20" W. , 48. 53 feet, thence N 89°22' 35" W. , 60.00 feet
to the point of beginning of the parcel herein described, said
point being the intersection of the W. line of Merriman Road
(120.00' wide) with the N. line of the Chesapeake and Ohio
Railroad right-of-way, thence along the N. line of the Chesapeake
and Ohio Railroad right-of-way, N. 89°22'35" W. , 80.00 feet,
thence N. 5°00'31 " E , 401 .08 ft. , thence S. 89°22' 35" E. , 44.71
ft. to a point on the W. line of Merriman Rd (120 00' wide) ,
thence along said line, S. 0°02' 20" E , 399.93 ft. to the point
of beginning, containing 0. 5725 acres. (Merriman Rd. Right-of-Way
- Road Purposes and Uses)
A communication from the Planning Director, dated July 6, 1987, re Council
Resolution 540-87 - Complaint from Laurel Woods Condo Association was received and
placed on file for the information of the Council .
On a motion by Councilman Feenstra, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#668-87 RESOLVED, that having considered a letter from Judy
Weiser, 33110 Perth, Livonia, Michigan 48154 dated June 28,
1987 wherein it is requested that the City of Livonia consider
adopting legislation regulating and/or prohibiting the ownership
of pit bulls in this community, the Council does hereby refer
this item to the Legislative Committee for its report and
recommendation.
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#669-87 RESOLVED, that having considered a communication dated
July 9, 1987, from the Department of Law transmitting for Council
acceptance a Grant of Easement, more particularly described
as.
Grant of Easement dated July 1 , 1987, executed by Jalil
F. Warra and Nahil Warra, his wife, for.
The North 12 feet of the following parcel of land:
23527
Land situated in the City of Livonia , Wayne County,
Michigan, described as follows. That part of the East
1/2 of the Southeast 1/4 of Section 36, described as
beginning at a point on the North line of Joy Road distant
N. 0°03' East 60.0 feet and North 89°41 ' West 395. 11 feet
from the Southeast corner of Section 36, and proceeding
thence N 89°41 ' West along said line 80.0 feet, thence
N. 0°04'40" East 390.0 feet, thence South 89°41 ' East
80 feet; thence S. 0°04'40" West 390.0 feet to the point
of beginning, also described as the West 80 feet of the
East 475.11 feet measured along the South line of Section
36 of the South 450 feet of the East 1/2 of the Southeast
1/4 of Section 36, T.1S. , R 9E. , except therefrom the
South 60 feet to be used for road purposes.
the Council does hereby for and in behalf of the City of Livonia
accept the aforesaid Grant of Easement and the City Clerk is
hereby requested to have the same recorded in the Office of
the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution
On a motion by Councilman Ochala, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#670-87 RESOLVED, that having considered a communication dated
July 6, 1987, from the Engineering and Building Department which
bears the signature and approval as to form by the City Attorney
and is approved for submission by the Mayor Pro Tem, transmitting
for Council acceptance five (5) Grants of Easement, more particularly
described as:
Five (5) Grants of Easement dated June 25, 1987, executed
by William G. Barker, Chief Financial Officer, Senior
Vice-President of the CBS/Fox Company, a New York Partnership,
for:
EASEMENT DESCRIPTIONS
(1 ) A 10 ft. wide easement for sanitary sewer being a part
of the S.W. 1/4 of Section 6, T 1S. , R. 9E. , City of Livonia,
Wayne County, Michigan described as follows:
Commencing at the S.W. corner of Section 6, T. 1S. , R. 9E. ,
City of Livonia, Wayne County, Michigan and proceeding thence;
N. 01° 51 ' 00" E. 922.71 feet along the west line of said
section and N. 89° 11 ' 00" E. 60.20 feet and N. 01 ° 51 ' 00"
E. 1 ,122.81 feet and S. 88° 47' 02" E 871 41 feet to the
m. point of beginning and proceeding thence N. 01 ° 47 ' 48" E.
499.97 feet, thence S. 88° 47' 02" E. 10.00 feet, thence S.
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01 ° 47' 48" W. 500.01 feet, thence N. 88° 12' 12" W. 10.00
feet to the point of beginning and containing 0.115 acres
of land more or less.
(2) A 20 ft. wide sanitary sewer easement being a part of
the fractional S.W. 1/4 of Fractional Section 6, T.1S. , R.9E. ,
City of Livonia, Wayne County, Michigan, lying 10 feet on
each side of a centerline described as:
Commencing at the S.W. corner of Fractional Section 6, T.1S. ,
R.9E. , City of Livonia, Wayne County, Michigan and proceeding
thence S. 89° 14' 49" E. 946.05 feet along the South line
of said section and N. 03° 00' 56" E. 60 02 feet and S. 88°
14' 49" E. 73.66 feet and N. 00° 17' 43" E. , 182 15 feet and
N. 49° 13' 17" W. 202.00 feet and N. 04° 35' 47" W. 335.00
feet and N. 24° 59' 13" E. 350.00 feet to the point of beginning
and proceeding thence N. 20° 45' 47" W. 190.00 feet, thence
N. 04° 54' 13" E. 620.00 feet, thence N. 11 ° 49' 13" W. 265.00
feet to the point of ending.
(3) A 40 ft. wide storm sewer easement being a part of the
Fractional S.W. 1/4 of Fractional Section 6, T.1S. , R.9E. ,
City of Livonia, Wayne County, Michigan described as follows•
Commencing at the S.W. corner of Fractional Section 6, T.1S. ,
R.9E. , City of Livonia, Wayne County, Michigan, and proceeding
thence S. 89° 14' 49" E. 946.05 feet along the south line
of said section and N. 03° 00' 56" E. 60.02 feet and S. 88°
14' 49" E. 248.95 feet and N. 01 ° 45' 11 " E. 40.00 feet and
S. 88° 14' 49" E. 210.00 feet and N. 46° 45' 11 " E. 176.78
feet and N. 010 45' 11" E. 213.05 feet to the point of
beginning, proceeding thence; N 54° 37' 42" W 40 00 feet,
thence N. 35° 22' 18" E. 439.47 feet, thence N 24° 29' 57"
E. 66.19 feet, thence S 65° 30' 03" E. 40.00 feet, thence
S. 24° 29' 57" W. 70.00 feet, thence S. 35° 22' 18" W 443.28
feet to the point of beginning and containing 0.468 acres
of land, more or less
(4) A 20 ft. wide sanitary sewer easement being a part of
the Fractional S.W. 1/4 of Fractional Section 6, T.1S. , R 9E ,
City of Livonia, Wayne County, Michigan, lying 10 feet on
each side of a centerline described as:
Commencing at the S.W. corner of Fractional Section 6, T.1S. ,
R.9E , City of Livonia, Wayne County, Michigan and proceeding
thence S. 89° 14' 49" E. 946.05 feet along the South line
of said section and N. 03° 00' 56" E. 60.02 feet and S. 88°
14' 49" E. 73.66 feet to the point of beginning, proceeding
thence N. 00° 17' 43" E. 182.15 feet, thence N. 49° 13' 17"
W. 202.00 feet, thence N. 04° 35' 47" W. 335.00 feet; thence
N. 24° 59' 13" E. 350.00 feet; thence N 84° 30' 00" E. 115.00
feet to the point of terminus of said easement.
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(5) A 20 ft. wide water main easement being a part of the
Fractional S.W. 1/4 of Fractional Section 6, T.1S. , R.9E. ,
City of Livonia, Wayne County, Michigan, lying 10 feet on
each side of a centerline described as follows:
Commencing at the S.W. corner of Fractional Section 6, T.1S ,
R.9E. , City of Livonia, Wayne County, Michigan, and proceeding
thence S. 88° 14' 49" E 946 05 feet along the South line
of said section and N. 03° 00' 56" E. 60.02 feet and S. 88°
14' 49" E. 228.95 feet to the point of beginning, proceeding
thence N. 01 ° 45' 11 " E. 185.00 feet, thence N. 61° 45' 11 "
E. 88.00 feet, thence N. 39° 15' 11 " E. 128.00 feet, thence
N. 08° 15' 11 " E. 162.00 feet, thence N. 24° 15' 11 " E 145.00
feet; thence N. 35° 30' 11 " E. 200.00 feet; thence N. 15°
30' 11 " E. 170.00 feet, thence N. 43° 00' 11 " E. 90.00 feet;
thence N. 15° 30' 11 " E. 137.00 feet, thence N. 43° 00' 11 "
E. 90.00 feet; thence N. 15° 30' 11 " E. 292.00 feet, thence
N 35° 29' 49" W. 60.00 feet, thence N. 74° 29' 49" W. 480.00
feet; thence N. 84° 29' 49" W 290.00 feet, thence N. 59°
47' 02" W. 555.00 feet, thence N. 88° 47' 02" W. 275.00 feet,
thence N. 78° 47' 02" W. 75.00 feet, thence N. 88° 47' 02"
W. 70.00 feet to the point of terminus of said easement,
the Council does hereby for and in behalf of the City of Livonia
accept the aforesaid Grants of Easement and the City Clerk is
hereby requested to have the same recorded in the Office of
the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution.
On a motion by Council Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
I67 -87 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 Bennett, seconded by Councilwoman McCotter,
and unanimously adopted, it was
1672-87 WHEREAS, pursuant to the direction of the City Council
in its resolution 608-87, adopted on July 1 , 1987, and in
accordance with Section 3.08.100 of the Livonia Code of
ift. Ordinances, as amended, the City Assessor of the City of Livonia
has prepared, reported and certified to the Council under date
of July 9, 1987 an assessment roll dated July 9, 1987 for street
improvement of Brightmoor Home Acres Subdivision, located in
23530
16 the Southwest 1/4 of Section 15 which property would be improved
by either 4" of asphalt over the existing roadway, 20' to 22'
wide (Alternate IV) or with a 28 ft wide full-depth asphalt
pavement with mountable asphalt curbs (Alternate III ) with an
Alternate II improvement at all intersections of Farmington
and Five Mile Roads in front of the commercial property containing
the special assessments to be assessed and levied, respectively,
in the proposed special assessment district heretofore established
for the construction and operation of the proposed improvement
in said district as designated in Council Resolution No. 608-87,
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted
by the City Council , that it is hereby ordered to be filed in
the office of the City Clerk for public examination; that the
City Clerk be and hereby is directed to give notice as required
by the provisions of Section 3.08.110 of the Livonia Code of
Ordinances, as amended, to wit: that the assessment roll has
been made and filed in the office of the City Clerk for public
examination and that the City Council of the City of Livonia
will meet in the City Hall , 33000 Civic Center Drive, Livonia,
Michigan, on Monday, August 17, 1987 at 8:00 p.m. to review
the said special assessment roll at which time and place
opportunity will be given to all interested persons to be heard;
161, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least
once in the official newspaper of the City of Livonia which
is published and circulated generally in and throughout the
said City, at least ten (10) days prior to the aforesaid date
of August 17, 1987. The City Clerk is also directed to give
notice of said hearing by sending written notice thereof by
first class mail to each and every property owner in the proposed
assessment district as their respective names and addresses
appear on the most current assessment roll in the City Assessor' s
office.
On a motion by Councilman Taylor, seconded by Councilman Ochala, and
unanimously adopted, it was
#673-87 WHEREAS, pursuant to the direction of the City Council
in its resolution 1174-86, adopted on December 8, 1987, and
in accordance with Section 3.08.100 of the Livonia Code of
Ordinances, as amended, the City Assessor of the City of Livonia
has prepared, reported and certified to the Council under date
of July 9, 1987 an assessment roll dated July 9, 1987 for street
improvement consisting of placing 4" of asphalt over the existing
roadway (Alternate IV) on Myrna, Loveland to Hubbard, located
Ift. in the Southwest 1/4 of Section 15 of the City of Livonia
containing the special assessments to be assessed and levied,
respectively, in the proposed special assessment district
23531
heretofore established for the construction and operation of
the proposed improvement in said district as designated in Council
Resolution No. 608-87,
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted
by the City Council , that it is hereby ordered to be filed in
the office of the City Clerk for public examination, that the
City Clerk be and hereby is directed to give notice as required
by the provisions of Section 3 08.110 of the Livonia Code of
Ordinances, as amended, to wit that the assessment roll has
been made and filed in the office of the City Clerk for public
examination and that the City Council of the City of Livonia
will meet in the City Hall , 33000 Civic Center Drive, Livonia,
Michigan, on Monday, August 17, 1987 at 8 00 p.m. to review
the said special assessment roll at which time and place
opportunity will be given to all interested persons to be heard;
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least
once in the official newspaper of the City of Livonia which
is published and circulated generally in and throughout the
said City, at least ten (10) days prior to the aforesaid date
of August 17, 1987. The City Clerk is also directed to give
notice of said hearing by sending written notice thereof by
161. first class mail to each and every property owner in the proposed
assessment district as their respective names and addresses
appear on the most current assessment roll in the City Assessor's
office.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#674-87 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, August 31 ,
1987, at 8.00 p m. at the City Hall , 33000 Civic Center Drive,
Livonia, Michigan, with respect to the following item
Petition 87-5-1-24, submitted by John Del Signore for
a change of zoning of property located on the north side
of Schoolcraft Road between Eckles road and the I-96 Freeway
in the Southwest 1/4 of Section 19 from R-1 to C-2 and
P, the City Planning Commission in its resolution 6-145-87
lbw having recommended to the City Council that Petition
87-5-1-24 be approved,
23532
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
On a motion by Councilman Taylor, seconded by Councilman Bennett,
it was
#675-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 6, 1987, which sets
forth its resolution 2-47-87 adopted on February 24, 1987 with
regard to Petition 87-2-1-8, submitted by William Roskelly for
Jack Shenkman for a change of zoning on property located on
the south side of Seven Mile Road and on the east and west side
of Newburgh Road in the Northeast 1/4 of Section 7 and the
Northwest 1/4 of Section 8 from AG to R-3, R-4, R-7 and R-8,
and the Council having conducted a public hearing with regard
to this matter on Monday, May 4, 1987, pursuant to Council
Resolution 271-87, the Council does hereby concur in part and
reject in part the recommendation of the Planning Commission
and the said Petition 87-2-1-8 is hereby approved and granted
with respect to the requested R-3 and R-4, and from AG to R-3
in lieu of the requested R-7 and R-8 west of Newburgh Road,
and from AG to R-4 in lieu of the requested zoning change to
R-7 and R-8, east of Newburgh Road, and the City Planner is
hereby instructed to cause the necessary map for publication
to be prepared indicating the zoning change herein approved
and to furnish the same to the Department of Law and, upon receipt
of such map, the Department of Law is requested to prepare an
ordinance amending Ordinance 543, as amended, in accordance
with this resolution.
By Councilman Ochala, seconded by Councilman Feenstra, the
following substitute resolution was moved
RESOLVED, that having considered a communication from
the City Planning Commission, dated March 6, 1987, which sets
23533
Lforth its resolution 2-47-87 adopted on February 24, 1987 with
regard to Petition 87-2-1-8, submitted by William Roskelly for
Jack Shenkman for a change of zoning on property located on
the south side of Seven Mile Road and on the east and west side
of Newburgh Road in the Northeast 1/4 of Section 7 and the
Northwest 1/4 of Section 8 from AG to R-3, R-4, R-7 and R-8,
and the Council having conducted a public hearing with regard
to this matter on Monday, May 4, 1987, pursuant to Council
Resolution 271-87, the Council does hereby concur in the
recommendation of the Planning Commission and said Petition
87-2-1-8 is hereby denied for the same reasons as those set
forth in the action taken by the Planning Commission.
A roll call vote was taken on the substitute resolution with the following result:
AYES McCotter, Feenstra, Ochala.
NAYS: Taylor, Bennett, McCann.
The President declared the resolution denied.
A roll call vote was taken on the original motion with the following result:
AYES Taylor, Bennett, Ochala, McCann
NAYS. McCotter, Feenstra.
The President declared the resolution adopted.
On a motion by Councilman Feenstra, seconded by Councilwoman McCotter,
and unanimously adopted, it was
1676-87 RESOLVED, that the Council does hereby refer to the
City Council/Schools Liaison Committee for its report and
recommendation the matter of the current use and zoning
classification and the Dickinson School Property located on
the east side of Newburgh Road north of Six Mile.
On a motion by Councilman Taylor, seconded by Councilman Ochala, and
unanimously adopted, it was
1677-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 6, 1987, which sets
forth its resolution 2-48-87 adopted on February 24, 1987 with
regard to Petition 87-2-1-9, submitted by William Roskelly for
Jack Shenkman for a change of zoning on property located on
the south side of Seven Mile road and on the east and west sides
23534
of Newburgh Road in the Northeast 1/4 of Section 7 and the
Northwest 1/4 of Section 8 from C-2 and AG to C-2, C-4-II , P.O.
I and P.O. II , and the Council having conducted a public hearing
with regard to this matter on Monday, May 4, 1987, pursuant
to Council Resolution 271-87, the Council does hereby concur
in the recommendation of the Planning Commission and the said
Petition 87-2-1-9 is hereby denied for the same reasons as those
set forth in the action taken by the Planning Commission.
On a motion by Councilman Bennett, seconded by Councilman Taylor, and
unanimously adopted, it was
1678-87 RESOLVED, that the Council does in accordance with
the provisions set forth in Section 23.01 (a) of Zoning Ordinance
No. 543, as amended, request that the City Planning Commission
conduct a public hearing and thereafter submit its report and
recommendation to the Council on the question of whether or
not the property which was the subject of Petition 87-2-1-9
(not including the existing C-2) should be rezoned from AG to
R-3 west of Newburgh Road and from AG to R-3 west of Newburgh
Road and from AG to R-4 east of Newburgh Road.
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
it was
#679-87 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole dated July 15,
1987 and submitted pursuant to Council Resolution 588-87 in
connection with a communication from the City Planning Commission
dated June 18, 1987 which transmits its resolution 6-130-87
adopted on June 16, 1987 with regard to Petition 87-5-2-16,
submitted by Michael Boggio Associates requesting waiver use
approval to construct a retail shopping plaza on the south side
of Five Mile Road between Bainbridge and Spanich Court in the
Northwest 1/4 of Section 23, which property is zoned C-2, P
and RUF, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 87-5-2-16
is hereby approved and granted, the action herein conditioned
upon and subject to compliance with the same conditions set
forth in the aforesaid action of the Planning Commission as
well as based upon a revised building elevation plan dated June
12, 1987 and the following additional conditions.
1 A sign plan must first be approved by the City Council
before issuance of any sign permit for a free standing
lb. sign.
23535
Imw 2. There shall be constructed a public sidewalk within
the Bainbridge Avenue right-of-way in accordance with
City standards.
A roll call vote was taken on the foregoing resolution with the following result:
AYES• McCotter, Feenstra, Taylor, Bennett, McCann.
NAYS: Ochala.
The President declared the resolution adopted
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, this 1 ,108th Regular Meeting of the Council of the City of
Livonia was adjourned at 9 30 P.M. , July 15, 1987
--(e-14AIR sf-#4•11
Robert F. Nash, City Clerk