HomeMy WebLinkAboutCOUNCIL MINUTES 1987-10-12 23679
Iwo MINUTES OF THE ONE THOUSAND ONE HUNDRED AND THIRTEENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On October 12, 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 8.05 P.M. Councilman Feenstra delivered the invocation. Roll was
called with the following result. Present: Joan McCotter, Fernon P. Feenstra,
Robert R. Bishop, Gerald Taylor, Robert D. Bennett and Ron Ochala; Absent: Robert
E. McCann due to a death in the family.
Elected and appointed officials present. Robert F. Nash, City Clerk; Harry
Tatigian, City Attorney; John Nagy, Planning Director; Raul Galindo, City Engineer;
David Preston, Finance Director; Marilyn Kazmer, Director of Legislative Affairs,
Barney Knorp, Fire Chief, William Crayk, Chief of Police, Ray Pomerville, Labor
Ibm, Relations Director and Tom Carey of the Traffic Commission
On a motion by Councilman Feenstra, seconded by Councilman Bishop,
and unanimously adopted, it was
1972-87 RESOLVED, that the minutes of the 1 ,112th Regular Meeting
of the Council of the City of Livonia, held September 30, 1987
are hereby approved.
A communication from the City Attorney, dated October 1 , 1987, re Lola
O'Connor v City of Livonia Zoning Board of Appeals Wayne County Circuit Court Civil
Action No. 85-517202 AS, was received and placed on file for the information of
the Council .
At the direction of the Chair, Items No. 2 regarding a bid for three Tornado Sirens and
No. 5 on a proposed vacating request by James and Patricia Harms were removed from
Ii. the Consent and placed on the Regular Agenda
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On a motion by Councilman Bennett, seconded by Councilman Bishop,
it was
#973-87 RESOLVED, that having considered a communication from
the Livonia Arts Commission and the Director of Community
Resources, dated September 16, 1987, approved by the Finance
Director and approved for submission by the Mayor Pro Tem, wherein
it is requested that D.P.S labor costs of $875.00 involved
with the set-up and administration of the 11th Annual Fine Arts
and Crafts Festival , sponsored by the Arts Commission, which
was held on June 20-21 , 1987, at Greenmead be waived, the Council
does hereby grant and approve this request in the manner and
form herein submitted.
#974-87 RESOLVED, that having considered the report and
recommendation of the Acting Chief of Police, dated September
28, 1987, which bears the signature of the Finance Director,
and is approved for submission by the Mayor Pro Tem, the Council
does hereby authorize the purchase and trade-in of the weapons
detailed in the aforesaid communication from Michigan Police
Equipment Company, 6521 Lansing Road, Charlotte, Michigan 48813,
for a net overall balance due in the amount of $2,860.63, after
trade-ins, the same having been in fact the lowest and only
imp bid received and meets all specifications
#975-87 RESOLVED, that having considered a letter from the
Race Course Development Executive for Ladbroke Racing Michigan,
Inc , 28001 Schoolcraft, Livonia, Michigan 48150, dated September
24, 1987, to which is attached an application for a fireworks
display permit submitted pursuant to 1968 PA 358 for a fireworks
display to be held at Ladbroke DRC on Sunday, November 22, 1987,
at 10.30 p.m , the Council does hereby approve of the fireworks
display in the manner and form herein requested, subject to
liability insurance in the amount of $1 ,000,000.00 being provided
through Ladbroke DRC.
#976-87 RESOLVED, that having considered a communication from
the City Assessor, dated September 28, 1987, approved for
submission by the Mayor Pro Tem, with regard to a request from
Henry Koloff, 25408 Hanley, Huntington Woods, Michigan 48070,
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 approve of the proposed
Division of Lot 31 , Koloff's Greenbriar Meadows Subdivision
(Tax Item No 46 082 02 0031 000) into three (3) parcels, the
legal description of which shall read as follows
PARCEL A
Part of Lot 31 "KOLOFF'S GREENBRIAR MEADOWS SUB ", a part
of the N.W 1/4 of Section 21 , T. 1 S , R. 9 E. , City
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imi of Livonia, Wayne County, Michigan. As recorded in Liber
82, Page 57 Wayne County Records, more particularly
described as Lot 31 except the East 130.00 feet thereof.
Subject to easements of record.
PARCEL B
Part of Lot 31 "KOLOFF'S GREENBRIAR MEADOWS SUB:', a part
of the N.W. 1/4 of Section 21 , T. 1 S. , R. 9 E. , City
of Livonia, Wayne County, Michigan. As recorded in Liber
82, Page 57 Wayne County Records, more particularly
described as the North 100.00 feet of the East 130.00
feet of said Lot 31 . Subject to easements of record.
PARCEL C
Part of Lot 31 "KOLOFF'S GREENBRIAR MEADOWS SUB.", a part
of the N.W. 1/4 of Section 21 , T. 1 S. , R. 9 E. , City
of Livonia, Wayne County, Michigan. As recorded in Liber
82, Page 57 Wayne County Records, more particularly
described as the South 90.00 feet of the East 130.00 feet
of said Lot 31 . Subject to easements of record.
as shown on the map attached to the aforesaid communication
1,0 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.
#977-87 RESOLVED, that having considered a communication from
the City Assessor, dated September 28, 1987, approved for
submission by the Mayor Pro Tem, with regard to a request from
Henry Koloff, 25408 Hanley, Huntington Woods, Michigan 48070,
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 approve of the proposed
Division of Lot 32, Koloff's Greenbriar Meadows Subdivision
(Tax Item No. 46 082 02 0032 000) into four (4) parcels, the
legal description of which shall read as follows:
PARCEL A
Part of Lot 32 "KOLOFF'S GREENBRIAR MEADOWS SUB." , a part
of the N.W. 1/4 of Section 21 , T. 1 S. , R. 9 E. , City
of Livonia, Wayne County, Michigan. As recorded in Liber
82, Page 57 Wayne County Records, more particularly
described as the South 90 00 feet of the West 130.00 feet
of said Lot 32 Subject to easements of record.
PARCEL B
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Part of Lot 32 "KOLOFF'S GREENBRIAR MEADOWS SUB. ", a part
of the N.W. 1/4 of Section 21 , T. 1 S. , R. 9 E. , City
of Livonia, Wayne County, Michigan. As recorded in Liber
82, Page 57 Wayne County Records, more particularly
described as the North 100.00 feet of the West 130.00
feet of said Lot 32. Subject to easements of record.
PARCEL C
Part of Lot 32 "KOLOFF'S GREENBRIAR MEADOWS SUB. ", a part
of the N.W. 1/4 of Section 21 , T. 1 S. , R 9 E. , City
of Livonia, Wayne County, Michigan. As recorded in Liber
82, Page 57 Wayne County Records, more particularly
described as the West 85.00 feet of the East 170.00 feet
of said Lot 32. Subject to easements of record
PARCEL D
Part of Lot 32 "KOLOFF'S GREENBRIAR MEADOWS SUB. ", a part
of the N.W. 1/4 of Section 21 , T 1 S , R. 9 E. , City
of Livonia, Wayne County, Michigan As recorded in Liber
82, Page 57 Wayne County Records, more particularly
described as the East 85.00 feet of said Lot 32 Subject
to easements of record.
fir 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.
#978-87 RESOLVED, that having considered communications from
the Department of Law, dated September 15, 1987, and September
30, 1987, approved for submission by the Mayor Pro Tem, with
regard to the request from Anthony Kolodziejczak, for permission
to bury his relative Arnold Jayska in a portion of Livonia Center
Cemetery known as Potter's Field, the Council does hereby approve
and grant this request without charge or consideration, and
the Mayor Pro Tem and City Clerk are hereby authorized to execute
an appropriate Right of Burial Agreement for this purpose, subject
to the approval as to form by the Department of Law.
#979-87 RESOLVED, that having considered a communication from
the Fire Chief, dated September 17, 1987, which bears the
signature of the Director of Finance, and is approved for
submission by the Mayor Pro Tem, the Council does hereby authorize
the transfer of the sum of $4,000.00 from the Gas and Oil Account
101-338-751 .000 into the following accounts in the following
amounts.
Blankets & Medical Account 101-338-742.000 $1 ,000 00
Training Account 101-338-960 010 $3,000 00
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A communication from the Planning Director, dated September 15, 1987,
re Council Resolution 787-87 requesting a report and recommendation on certain
deficient items at Danny' s Foods, 17200 Farmington Road, Livonia, Michigan 48152
was received and placed on file for the information of the Council .
#980-87 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 28, 1987,
approved for submission by the Mayor Pro Tem with regard to
the development of 11900 and 11940 Middlebelt Road, Livonia,
Michigan, 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
and maintenance of an 18 inch storm sewer (approximately
10 l .f. ) connection to an existing 66 inch storm sewer
within the Middlebelt Road right-of-way in connection
with the development of a proposed retail building located
on the east side of Middlebelt Road in the S.W. 1/4
of Section 25; and
lb. 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.
#981-87 RESOLVED, that having considered the report and
recommendation of the Department of Law and the Planning
Department, dated September 11 , 1987, and the communication
from the Superintendent of Parks & Recreation, dated September
23, 1987, approved for submission by the Finance Director and
the Mayor Pro Tem, and which transmits the resolution adopted
by the Parks and Recreation Commission on September 8, 1987,
with regard to the designation of certain park sites as nature
preserves, the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation.
#982-87 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
September 21 , 1987, approved by the Finance Director, and approved
for submission by the Mayor Pro Tem, and to which is attached
a proposed addendum to the agreement between the City of Livonia
and Wayne - Metropolitan Community Services Agency, which extends
the agreement through September 30, 1988, for the distribution
of USDA commodities to low income persons in Livonia, the Council
does hereby authorize the Mayor and the City Clerk for and on
behalf of the City of Livonia, to execute the said Addendum
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.
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#983-87 RESOLVED, that having considered the communication
from the Director of Community Resources, dated September 16,
1987, the Council does hereby accept FY-87 grant funds from
The Senior Alliance in the amount of $340.00 for the purchase
of a lawn mower in the Senior Citizen Chore Program, and the
Chore Program is increased by the following amounts:
Senior Alliance Funds $340
Local Match, Inkind $ 60
#984-87 RESOLVED, that having considered the communication
from the Cable Television Commission, dated September 22, 1987,
and which transmits its Resolution 95-87, wherein it is
recommended that the allocation of Public Access Channel 49
for reinstatement of College Cable Channel be approved, the
Council does hereby approve this action in the manner and form
herein submitted.
#985-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 25, 1987, which
transmits its Resolution 8-200-87, adopted on August 18, 1987,
with regard to permit application submitted by RCA Commercial
and Television to erect an earth station antenna on a site located
at 17200 N. Laurel Park Drive, in Section 7, the Council does
hereby grant and approve this request subject to compliance
with the same condition set forth in the aforesaid recommendation
of the Planning Commission, as well as the additional condition
that the Earth Station shall be beige in color and that no
advertising or graphics shall be permitted thereon.
#986-87 RESOLVED, by the City Council of the City of Livonia,
that the annual Christmas Parade be, and hereby is approved
for Saturday, November 21 , 1987 beginning at 9:30 AM, and that
the Wayne County Road Commission is hereby requested to close
Six Mile Road from Inkster to Middlebelt Road between the hours
of 6:00 AM and 11 :00 AM; Seven Mile Road, from Merriman to Inkster
between the hours of 9:00 AM AND 11 :00 AM, and Middlebelt Road,
from Six Mile to Eight Mile between the hours of 9:00 AM and
11 :00 AM; or until the road is returned to normal traffic
operation, that the City of Livonia will assume liability for
any damage claims which may arise as a result of the road closure,
and that Lt. Leon S. Dater is hereby designated and authorized
to sign the road closure permit in behalf of the City of Livonia.
#987-87 WHEREAS, the City of Livonia has received a request
from Kirco Realty & Development Ltd. , dated September 15, 1987,
which submits an application proposing the establishment of
an industrial development district, and
23685
L WHEREAS, pursuant to Act 198 of the Public Acts of 1978, as
amended, this Council has authority to establish "industrial
development districts" within the boundaries of the City of
Livonia, and
WHEREAS, there is located within the boundaries of the City
of Livonia an area of approximately 5.718 acres lying in the
Southeast 1/4 of Section 26, as more particularly described
in the attachment to the application which is hereby incorporated
by reference and hereinafter referred to as "Proposed City of
Livonia Industrial Development District No. 46",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows:
1 . The City Clerk is directed to give written notice by
certified mail of this action to all owners of real
property within the boundaries of Proposed City of Livonia
Industrial Development District No. 46.
2. This City Council sets Wednesday, November 18, 1987
at 7:00 p.m. as the date for the holding of a public
hearing on the question of whether this City Council
should establish the Industrial Development District
described above.
3. This City Council directs the City Clerk to provide
notice, as required by law, of the public hearing fixed
above, so that all residents or taxpayers of the City
of Livonia shall be afforded an opportunity to be heard
on the question of establishing the Industrial Development
District described above.
#988-87 RESOLVED, that having considered a communication dated
October 1 , 1987, from George Gomolak, 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 September 29, 1987, by the City Planning Commission in its
Resolution 9-218-87 with regard to Petition 87-7-2-38 submitted
by George Gomolak requesting permission to utilize an SDM License
within an existing retail store on the Southwest corner of Ann
Arbor Road and Knolson in the Southwest 1/4 of Section 31 , the
Council does hereby designate Wednesday, November 18, 1987,
at 7:00 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 necessary 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.
23686
1989-87 WHEREAS, pursuant to the direction of the City Council
in its resolution 735-87, adopted on August 10, 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 October 7, 1987 an assessment roll dated September 29, 1987
for the proposed street light improvement consisting of the
installation of 100 watt high pressure sodium lights on colonial
post tops in Sunset Park Estates Subdivision in the Southeast
1/4 of Section 11 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 735-87;
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 Wednesday, November 18, 1987, at 7.00 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 Wednesday, November 18, 1987, at 7 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.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Feenstra, Bishop, Taylor, Bennett, Ochala, McCotter.
NAYS: None.
On a motion by Councilman Feenstra, seconded by Councilman Bishop, and
unanimously adopted, it was
23687
#990-87 RESOLVED, that having considered the report and
recommendation of the Director of Emergency Preparedness, dated
September 25, 1987, which bears the signature of the Director
of Finance, and is approved for submission by the Mayor Pro Tem,
the Council does hereby accept the bid of Whelen Engineering
Company, Inc. , Route 145, Winthrop Rd , Chester, Connecticut
06412-1036 for three (3) Outdoor Warning Sirens (including
installation) for a price of $41 ,578. 50, and the bids of Alerting
Communications of America and Federal Signal Corporation are
hereby rejected and the Council waives the irregularities for
the reasons indicated in the aforesaid comnunication, further,
the Council does hereby authorize the installation of two (2)
additional Outdoor Warning Sirens by Whelen Engineering Company,
at the same unit price bid as authorized herein, and such action
is taken in accordance with the provisions set forth in Section
3.04 140D5 of the Livonia Code of Ordinances, as amended.
16 On a motion by Councilman Feenstra, seconded by Councilman Bishop, and
unanimously adopted, it was
#991-87 RESOLVED, that having considered Petition 87-9-3-9
submitted by James P and Patricia L Harms, 30923 W. Warren -
#29-S, Westland, Michigan 48185, dated September 14, 1987, wherein
a request is submitted for the vacating of a 10 ft. drainage
easement located on Lot No 26, Fitzgerald Gardens Subdivision,
the Council does hereby request that the Engineering Department
submit its report and recommendation with respect to this item
Councilman Bennett took from the table, for second reading and adoption,
the following Ordinance:
23688
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND. (Petition 87-5-3-5)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES: Bishop, Taylor, Bennett, Ochala, McCotter
NAYS: Feenstra.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Ochala left the podium at 8 15 P.M
Councilman Bishop took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 1 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 87-1-1-6, change of zoning from
P.S. to C-1 ))
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES: Feenstra, Bishop, Taylor.
NAYS: Bennett, McCotter.
The President declared the Ordinance duly adopted
Councilman Ochala returned to the podium at 8.17 P.M
Councilman Feenstra took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 2 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE
III OF ORDINANCE NO. 543, AS AMENDED, KNOWN
23689
AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3. THERETO.
(Petition 87-5-1-20, change of zoning from
P.L. to RUFA)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Feenstra, Bishop, Taylor, Bennett, Ochala, McCotter.
NAYS: None.
The President declared the Ordinance duly adopted.
On a motion by Councilman Ochala, seconded by Councilman Feenstra,
it was
#992-87 RESOLVED, that having considered a communication from
the Department of Law, dated September 24, 1987, approved by
the City Engineer and the Finance Director, and approved for
submission by the Mayor Pro Tem, the Council does hereby authorize
the Department of Law to acquire Newburgh Road right-of-way located
in Section 31 , owned by Thomas P. Eidson and Devon L. Eidson,
his wife, which land is more particularly described as follows*
The East 27 feet of the following parcel of land:
Lot 7, Horton's Subdivision, as recorded in Liber 32, Page
24 of Plats, Wayne County Records.
(Newburgh Road right-of-way)
(Tax Item No. 46-121-01-0007-000)
subject to the following conditions:
(1 ) that the purchase price shall be in the sum of
$1500.00;
(2) that the City of Livonia shall pay for the cost
of title work in the sum of $150.00,
(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 $300.00;
and
(4) that the sellers have the right to retain and
16. remove the bushes and stones in the wall and
pillar presently in the right-of-way prior to
June 1 , 1988
23690
BE IT FURTHER RESOLVED, that a sum not to exceed $1950.00 is
hereby appropriated and authorized to be expended from the 7.9
Million Dollar General Obligation Road Improvement Bond Issue
for the acquisition of the said right-of-way, and the City Clerk
is hereby requested to do all 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: Feenstra, Taylor, Bennett, Ochala, McCotter.
NAYS: Bishop.
The President declared the resolution adopted.
On a motion by Councilman Ochala, seconded by Councilman Bishop, and
unanimously adopted, it was
#993-87 RESOLVED, that having considered the report and
recommendation of the City Attorney, dated September 18, 1987,
approved for submission by the Mayor Pro Tem, the Council does
hereby grant the request of Kenneth J. Morris, Attorney, dated
July 22, 1987, and submitted in behalf of Raymond and Gail
Gloetzner, former owners, that the City convey property located
at 11884 Camden, Livonia, (46-99-99-0105-000) provided.
10.n allIrelotlinimquBlicid by
2. That the City assume no responsibility for title insurance
or any other assurance as to the true ownership of the
property;
3. That payment be made in the amount of all delinquent
taxes, water bills and street paving assessment plus
interest and penalties plus an estimated payment for
unassessed 1986 and 1987 taxes;
4. That the street paving assessment be paid in full ;
and
BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby
authorized to affix their signatures to said Quit Claim Deed
as well as do all things necessary or incidental to fulfill the
purpose of this Resolution.
Councilman Bennett, and
unanimously adopted, it was
23691
Ibm #994-87 RESOLVED, that having considered a communication from
the Fire Chief, dated September 8, 1987, which bears the
signature of the Director of Finance and is approved for
submission by the Mayor Pro Tem, the Council does hereby
appropriate and authorize the expenditure of a sum not to exceed
$1240.00 from the 1968 Fire Department General Obligation Bond
Issue for the purpose of constructing an additional room at
Fire Station No. 5.
On a motion by Councilman Bennett, seconded by Councilman Bishop,
it was
#995-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 11 , 1987, which
sets forth its resolution 9-208-87 adopted on September 1 , 1987,
with regard to a request from Ved P. Kapila for an extension
of the approval of Petition 86-8-8-49 relative to a site plan
approval to construct a multi-family development on the north
side of Clarita between Seven Mile Road and Curtis in Section
11 , previously approved in Council Resolution 862-86 adopted
September 11 , 1986, the Council does hereby concur in the
recommendation of the Planning Commission and grant the requested
1102 extension for a one year period, subject to compliance with the
same conditions set forth in Planning Commission resolution
8-232-86 and Council Resolution 862-86.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Bishop, Taylor, Bennett, Ochala.
NAYS: Feenstra, McCotter.
The President declared the resolution adopted.
On a motion by Councilman Bishop, seconded by Councilman Ochala, and
unanimously adopted, it was
#996-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 30, 1987, which
transmits its resolution 9-223-87 adopted on September 30, 1987,
with regard to Petition 87-7-3-7 submitted by the City Planning
Commission on its own motion to vacate several alleys located
north of Joy Road between Hix and Stonehouse in the Southwest
1/4 of Section 31 , the Council does hereby concur in the
recommendation of the City Planning Commission and does grant
and approve the said Petition 87-7-3-7, except with regard to
that portion of the alley which lies south of Lot 51 which shall
23692
lim not be vacated, and, to the extent the alley is being vacated,
it shall be subject to retention of a full width easement for
public utilities, and the Department of Law is hereby requested
to prepare the necessary vacating ordinance in accordance with
this resolution.
On a motion by Councilman Bishop, seconded by Councilman Feenstra, and
unanimously adopted, it was
#997-87 RESOLVED, that Rest in the Son, Inc. , 35189 Vargo,
Livonia, Michigan 48152, as proprietors, having requested the
City Council to approve the proposed preliminary plat of the
following subdivision: Pine Creek Subdivision located in the
Southwest 1/4 of Section 9, the said proposed preliminary plat
dated August 28, 1987 (and revised September 15, 1987); 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 21 , 1987; 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 in the report of that
department dated September 28, 1987, therefore, the City Council
Imo 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 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
23693
11. 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 $248,000 00, of which at
least $10,000.00 shall be
in cash.
B Sidewalk Bond $20,000.00, of which at
least $2,000.00 shall be
in cash.
C Grading and Soil Erosion $3,000.00 (all cash)
Control Bond
D. Monuments & Lot Markers $ 790.00 (all cash)
and require cash payments in the total amount of $15,570.00.
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.
On a motion by Councilman Ochala, seconded by Councilman Bishop,
L it was
1998-87 RESOLVED, that having considered a letter from the Mayor
Pro Tem, dated September 28, 1987, which bears the signature
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of the Director of Finance and to which is attached an invoice
from the Conference of Western Wayne in the amount of $4894.42,
which sets forth the City' s dues for FY 1988, the Council does
hereby authorize the payment of same from funds previously
appropriated for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Taylor, Bennett, Ochala.
NAYS: Feenstra, McCotter.
The President declared the resolution adopted
On a motion by Councilman Feenstra, seconded by Councilman Ochala, and
unanimously adopted, it was
#999-87 RESOLVED, that having considered a letter from the Labor
Relations Director, dated October 1 , 1987, which bears the
signature of the City Attorney and is approved for submission
by the Mayor Pro Tem, and to which is attached a proposed Contract
for enhanced 911 service between the City of Livonia and the
Township of Redford, the Council does hereby authorize the Mayor
Pro Tem and the City Clerk, for and on behalf of the City of
Livonia, to execute the said contract in the manner and form
herein submitted, subject to approval as to form by the Department
of Law.
On a motion by Councilman Bishop, seconded by Councilman Feenstra, and
unanimously adopted, it was
#1000-87 RESOLVED, that having considered a communication from
the City Planning Commission dated October 5, 1987, which transmits
its resolution 9-231-87, adopted on September 29, 1987, with
regard to a Sign Permit Application, submitted by Burns Sign
Company on behalf of Loveland Plaza, requesting approval to
construct a monument sign and wall sign standards for a building
located at 32630 Seven Mile Road, Livonia, Michigan, the Council
does hereby concur in the recommendation of the Planning Commission
and approve the said sign permit application, subject to compliance
with the same conditions set forth in the aforesaid action of
the Planning Commission.
On a motion by Councilman Bishop, seconded by Councilman Bennett,
it was
23695
#1001-87 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 24, 1987 , which sets
forth its resolution 8-195-87 adopted on August 18, 1987, with
regard to Petition 87-6-2-24 submitted by Shigeru Yamada requesting
waiver use approval to utilize a Class. C Liquor License within
a restaurant proposed to be located within a shopping center
located on the north side of Six Mile Road between Fitzgerald
and Newburgh Road in the Southwest 1/4 of Section 8, which property
is zoned C-2, and the Council having conducted a public hearing
with regard to this matter on October 5, 1987, pursuant to Council
Resolution 834-87, the Council does hereby reject the
recommendation of the City Planning Commission and said Petition
87-6-2-24 is hereby approved and granted, the action herein being
based upon the submission and consideration of letters dated
October 12 (with attachment) and October 13 from Charles G. Tangora
of Brashear, Tangora and Spence.
A roll call vote was taken on the foregoing resolution with the following result
AYES. Feenstra, Bishop, Taylor, Bennett, McCotter.
NAYS. Ochala.
Ihm The President declared the resolution adopted.
On a motion by Councilman Feenstra, seconded by Councilman Bishop, and
unanimously adopted, it was
#1002-87 RESOLVED, that having considered the communication
from the Department of Law dated September 28, 1987 transmitting
for Council acceptance a Grant of Easement from James P. Harms
and Patricia L. Harms, his wife, for the relocation of a natural
water course through Lot 26 of the Fitzgerald Gardens Subdivision,
the Council does hereby refer this item to the Engineering
Department for its report and recommendation.
On a motion by Councilman Bishop, seconded by Councilman Feenstra, and
unanimously adopted, it was
#1003-87 RESOLVED, that having considered a communication dated
September 15, 1987, from the Engineering 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 two (2) Easement Agreements, more
particularly described as:
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Two (2) Easement Agreements dated August 19, 1987, executed by
David W. Schostak, General Partner of the Six Mile/Venture Inc. ,
a Michigan Corporation for the Newburgh/Six Mile Limited
Partnership, for:
EASEMENT DESCRIPTION:
A Permanent Easement for eater main being a part of the S.E. 1/4 of
Section 7. T.1S. , R.9E. . City of Livonia, Wayne County, Michigan,
more particularly described as: Commencing at the S.E. corner of
Section 7. T.1S. , R.9E; thence S. 89'58'00" West 353.00 feet along
the South line of said Section 7, said line also being the centerline
of Six Mile Road - 180 feet wide and N. 00'09'10" East 90.00 feet
to a point on the North line of Six Mile Road, and N. 00'09' 10" East
70.00 feet to the Point of Beginning; thence N. 00'09'10" East 80.00
feet; thence N. 89'50'50" West 20.00 feet; thence S. 00'09' 10" West
80.06 feet; thence N. 89'58'00" East 20.00 feet to the Point of
Beginning, containing 0.0367 acres more or less.
SANITARY SEWER EASEMENT DESCRIPTION
A Sanitary Sewer Easement being a part of the Southeast 1/4 of Section 7,
Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, more
particularly described as: Commencing at the Southeast corner of Section 7,
Town 1 South, Range 9 East; thence North 00' 09' 10" E along the East line
of said section 1 ,022.00 feet; thence North 89' 50' 50" West, 90.00 feet to
a point on the West line of Newburgh Road (180.00 feet wide) and the Point
of Beginning; thence N. 63' 00' 00" W 68.02 feet; thence N 87' 29' 36" W
212.98 feet; thence S 00' 16' 57" W 379.80 feet; thence S 83' 05' 01" E
181 .61 feet; thence S 00' 09' 10" W 225.42 feet; thence N 89' 50' 50" W
12.00 feet; thence N 00' 09' 10" E 214.76 feet; thence N 83' 05' 01" W
173.91 feet; thence S 53' 34' 46" W 246 99 feet; thence S 89' 54' 26" W
358.24 feet; thence S 84' 32' 05" E 369.17 feet; thence N 18' 02' 00" W
29.93 feet; thence N 71' 58' 00" E 12 00 feet; thence S 18' 02' 00" E 22.07
feet; thence S 84' 32' 05" E 360 72 feet; thence N 89' 54' 26" E 353.72
feet; thence N 53' 34' 46" E 242 42 feet; thence N 00' 16' 57" E 388.3.7
feet; thence N 00' 12' 07" E 317.72 feet; thence N 08' 45' 26" W 404.71
feet; thence N 89' 39' 20" W 346.12 feet; thence S 00' 09' 10" W 791 .98
feet; thence N 89' 50' 50" W 12.00 feet; thence N 00' 09' 10" E 621 .98 feet;
thence S 89' 58' 00" W 279.98 feet, thence N 00' 02' 00" W 12.00 feet;
thence N 89' 53' 00" E 280.02 feet; thence N 00' 09' 10" E 170 04 feet;
thence S 89' 39' 20" E 368.39 feet, thence S 08' 45' 26" E 415.88 feet;
thence S 00' 12' 07" W 312.90 feet, thence S 87' 29' 36" E 203.45 feet;
thence N 00' 09' 10" E 14 89 feet; thence S 63' 00' 00" E 78.67 feet to a
point on the West line of Newburgh Road; thence S 00' 09' 10" W along said
road 22.48 feet to the Point of Beginning, containing 1 .18 acres of land.
the Council does hereby authorize the Mayor and City Clerk to
execute the aforesaid easement agreements for and in behalf of
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the City of Livonia 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 the fulfill
the purpose of this resolution.
On a motion by Councilman Feenstra, seconded by Councilman Ochala , and
unanimously adopted, it was
1004-87 RESOLVED, that having considered a communication dated
September 28, 1987 from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly described
as:
Grant of Easement dated September 22, 1987, executed by
Orlando Bruni and Faith H. Bruni , his wife, for:
The West 12 feet of the following parcel of land:
Part of the S W 1/4 of Section 4, T.1S , R.9E. , City of
Livonia, Wayne County, Michigan, described as beginning
N. 0010' 55" East 2062. 50 feet and S. 89°59' 37" West 43.00
feet from the South 1/4 corner of Section 4; thence S.
89°59'37" West 150.00 feet, thence N. 0°10' 55" East 82.50
feet, thence N. 89°59' 37" East 150.00 feet, thence S.
0°10' 55" West 82.50 feet.
(Part of Bureau of Taxation Parcel 04GG4a1b)
015-99-0009-006
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 Feenstra, seconded by Councilman Bennett, and
unanimously adopted, it was
#1005-87 RESOLVED, that having considered a communication from
the Director of Finance, dated September 30, 1987, approved for
submission by the Mayor Pro Tem, the Council does hereby accept
a cash donation in the amount of $7000.00 from Bill Brown Ford,
32222 Plymouth Road, Livonia, Michigan 48150, for the Plymouth
Road Beautification Program, and the Council does hereby authorize
an increase in Account 702-000-285-400 in the amount of $7000.00
to reflect the acceptance of the donation herein.
23698
itha
On a motion by Councilman Ochala, seconded by Councilman Bennett, and
unanimously adopted, this 1 ,113th Regular Meeting of the Council of the City of Livonia
was adjourned at 8:55 P.M. , October 12, 1987.
Robert F. Nash, City Cle k