HomeMy WebLinkAboutCOUNCIL MINUTES 1983-07-27 20+55
MINUTES OF THE ONE THOUSAND AND ELEVENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On July 27, 1983, the above meeting was held at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and was called to order by the Vice President of the
Council at approximately 8:07 p.m. . Councilman Feenstra delivered the invocation.
Roll was called with the following result: Present: Robert R. Bishop, Fernon P.
Feenstra, Alice Gundersen, Robert D. Bennett, Peter A. Ventura, Gerald Taylor; absent:
Robert E. McCann.
Elected and appointed officials present: Edward H. McNamara, Mayor;
Robert F. Nash, City Clerk; Patricia Miencier, Deputy City Clerk; Carol Hustoles,
Assistant City Attorney; John J. Nagy, Planning Director; G. E. Siemert, Chief
Engineer; Ted Krauss, Civil Service; Sue Wisler, Program Supervisor; Joan Duggan,
Director of Community Resources; and Barney Knorp, Fire Chief.
By Councilman Taylor, seconded by Councilman Feenstra, and unanimously
adopted, it was
#577-83 RESOLVED, that the minutes of the 1010th Regular Meeting
of the Council of the City of Livonia, held July 13, are hereby approved.
The Communication from the Department of Law, dated July 18, 1983, re:
Coalition for Block Grant Compliance v Livonia, et al, Civil Action No. 770503, was
received and placed on file for the information of the Council.
The following resolutions were offered by Councilman Feenstra and
seconded by Councilman Ventura:
#578-83 RESOLVED, that having considered a letter dated June 19, 1983,
from the Stoneleigh Village Civic Association requesting permission to
close Riverside Court on Saturday, August 20, 1983, from 8:00 p.m. until
1:00 a.m. , for the purpose of conducting a block party, the Council does
hereby grant permission as requested, the action taken herein being made
subject to approval of the Police Department.
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#579-83 RESOLVED, that having considered a letter dated July 6, 1983,
from John P. Barrett, 9901 Melrose, Livonia, Michigan 48150, requesting
permission to close Melrose between Orangelawn and Elmira on Sunday,
August 14, 1983, between 1:00 p.m. and 5:00 p.m., for the purpose of
conducting a block party, and also requesting permission to conduct a
neighborhood fun run at 9:00 a.m. on August 14, 1983, which will be
limited to Orangelawn, Cranston, Elmira and Melrose, the Council does
hereby grant permission as requested, the action taken herein being made
subject to approval of the Police Department.
#580-83 RESOLVED, that having considered a letter dated June 29, 1983
from Leo Bien, 39035 Grennada, Livonia, Michigan 48154, wherein a request
is made for the vacating of a public walkway located between Lots 488 and
489 of the Tiffany Park Subdivision #5 in the S.W. 1/4 of Section 19,
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.
#581-83 RESOLVED, that having considered a communication from the
Historical Commission, dated June 22, 1983, which bears the signature of
the Finance Director and is approved for submission by the Mayor Pro Tem,
the Council does hereby authorize Sam Cox, 3109 Landsdown, Drayton Plains,
Michigan 48020, to tape and seam the second floor and to finish the
plaster work on the first floor of the Shaw House, for an amount not to
exceed $1505.00, the same to be appropriated and expended from Historical
Commission Account # 101-737-976.120.000, further, the Council does
hereby authorize the said item without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance with the provisions set forth in Section 3.04.140 D, 4 & 5 of
the Livonia Code of Ordinances, as amended.
#582-83 RESOLVED, that having considered the report and recommendation
of the City Engineer, dated June 24, 1983, which bears the signature of
the Finance Director and is approved for submission by the Mayor Pro Tem,
the Council does hereby accept the unit price bid of Aquila Cement Company
Inc., 18571-1 Innsbrooke, Northville, Michigan 48167, for the 1983
Sidewalk Repair Program for the estimated total cost of $68,430.00, based
upon the Engineering Division's estimate of units involved and subject to
a final payment based upon the actual units completed, in accordance with
the unit prices accepted herein, said estimated cost and unit prices
having been in fact the lowest bid received for this item; further, the
Council does hereby authorize an advance in the amount of $68,430.00 from
the 7.9 Million Dollar General Obligation Road Improvement Bond Issue,
with the provision that said bond issue be reimbursed at such time as
funds are subsequently received from the payment of bills and assessments
by affected property owners; and the Director of Public Works is hereby
authorized to approve minor adjustments in the work as required; further,
the Mayor and City Clerk are hereby authorized to execute a contract for
and on behalf of the City of Livonia with the aforesaid bidder and to do
all other things necessary or incidental to the full performance of this
resolution.
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#583-83 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated June 22, 1983, which bears the signature of the
Finance Director, is approved by the Director of Public Works and is
approved for submission by the Mayor Pro Tem, with regard to the comple-
tion of the 1978 Miscellaneous Paving Program, the Council does hereby
determine as follows:
1. To authorize the City Assessor and City Treasurer to (1) revise the
assessment rolls for SAD Nos. 182, 183, 184, 185, and 187 on the
basis of actual costs and in accordance with the information shown
on attachment nos. 3, 4, 6, 8 and 10, and (2) increase the assessments
for those parcels shown on attachments nos. 2, 5, 7, 9 and 11 so as
to include the cost for additional drive approach work as requested anc
authorized by certain property owners; and
2. To appropriate the City's share of $544,766.62 from the 7.9 million
dollar general obligation road improvement bond issue with the
provision that said bond issue be reimbursed at such time as funds
become available from the next motor vehicle highway fund bond issue.
#584-83 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated June 21, 1983, approved by the Director of Public
Works and the Chairman of the Water and Sewer Board, and approved for
submission by the Mayor, the Council does hereby authorize an additional
Five Year extension of the agreement previously entered into between the
City of Livonia and Northville Township, dated June 29, 1973, which
agreement was executed pursuant to Council Resolution 498-73, and there-
after extended for a five year period pursuant to Council Resolution 617-7
adopted on June 28, 1978, said extension to be based upon the same terms
and conditions as are set forth in the original agreement; and the Council
does hereby authorize the Mayor and City Clerk to execute an Amendatory
Agreement for and on behalf of the City of Livonia for the purpose of
implementing the action taken herein; and the Department of Law is hereby
requested to prepare the said Amendatory Agreement, as well as to do all
other things necessary or incidental to the full performance of this
resolution.
#585-83 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission, dated June 20, 1983, and the report and
recommendation of the Chief of Police, dated July 6, 1983, in connection
therewith, the Council does hereby approve of the request from the City
of Livonia and the Parks and Recreation Commission to add Nikolaos
Moutafis as a co-licensee on a 1983 Class C licensed business located at
20500 Newburgh Road, Livonia, Michigan 48152, said approval to include
Sunday sales, outdoor service, direct connection permits and add space;
and the City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission.
#586-83 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission, dated May 31, 1983, and the report and
recommendation of the Chief of Police, dated July 6, 1983, in connection
therewith, the Council does hereby approve of the request from Leo R.
Burton to add space to a 1983 Class C licensed premises located at 11791
Farmington Road, Livonia, Michigan; and the City Clerk is hereby requested
to forward a certified copy of this resolution to the Michigan Liquor
Control Commission.
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#587-83 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission, dated May 24, 1983, and the report and
recommendation of the Chief of Police, dated July 11, 1983, in connection
therewith, the Council does hereby approve of the request from George Y.
Hajal to drop Betty Hajal Estate, George Y. Hajal, Personal Representative,
as partner on 1983-84 SDM Licensed Business with George Y. Hajal, located
at 27600 Plymouth Road, Livonia, Michigan 48154; and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission.
#588-83 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission, dated May 13, 1983, and the report and recom-
mendation of the Chief of Police, dated July 11, 1983, in connection there-
with, the Council does hereby approve of the request from ABM, Inc.,
holding SDD-SDM licenses at 30805 Plymouth Road, Livonia, Michigan, for
transfer of all stock wherein Alex Balooly is transferring all his 1,000
shares to new stockholders Esam and George Asker; and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission.
#589-83 RESOLVED, that having considered a communication from the City
Planning Commission, dated June 28, 1983, which transmits its resolution
6-126-83 adopted on June 21, 1983, with regard to Petition 83-5-3-2
submitted by the City Planning Commission on its own motion to vacate the
west one-half of Cavour Avenue, north of Lancaster Drive, in the S.W. 1/4
of Section 13, the Council does hereby concur in the recommendation of the
im. City Planning Commission and does grant and approve the said Petition
83-5-3-2, subject to retention of a full-width easement; and the Department
of Law is hereby requested to prepare the necessary vacating ordinance in
accordance with this resolution.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop
NAYS: None
On a motion by Councilman Ventura, seconded by Councilman Taylor, it was
#590-83 RESOLVED, that having considered the report and recommendation of
the Water and Sewer Committee, dated July 12, 1983, submitted pursuant to
Council Resolution 171-83, in connection with a communication from the
Mayor, dated February 9, 1983, wherein it is recommended that a refund in
the amount of $304,018.04 from the Wayne County Department of Public Works
as a result of a decision rendered by Judge Feikens be utilized so as to
absorb and defer the implementation of a $.21 sewage treatment rate increas
which would otherwise be implemented on July 1, 1983, the Council does
hereby determine that the said refund shall be returned to the customers
of the system by absorbing the City of Detroit's proposed future sewage
rate increase; and the Water and Sewer Division is hereby requested to do
all things necessary or incidental to the full performance of this
resolution.
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A roll call vote was taken on the foregoing resolution with the following result:
AYES: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop
NAYS: None
On a motion by Councilman Ventura, seconded by Councilman Taylor, and
unanimously adopted, it was
#591-83 RESOLVED, that having considered the report and recommendation of
the Water and Sewer Committee, dated July 12, 1983, submitted pursuant to
Council Resolution 405-83, in connection with a communication from Com-
mercial Removal, dated May 12, 1983, wherein a request is submitted for
the possible extension of the present contract between the City of Livonia
and Commercial Removal for the pickup and disposal of rubbish, which
expires on September 30, 1983, the Council does hereby determine, in
accordance with Section 9, Page IB-3, based upon the mutual agreement of
the parties, to Authorize the extension of the current contract between
the City of Livonia and Commercial Removal, Inc. for a period of three
years, commencing October 1, 1983 and ending September 30, 1986, the said
contract to contain the same terms as are set forth in the current contract
noting that Commercial Removal has indicated in a communication dated
July 22, 1983, that the present rate charged in the current contract will
be charged for the next three years except that in the third year a review
of dump and fuel costs may be warranted; and the Mayor and City Clerk are
hereby authorized to affix their signatures to the subject contract for and
on behalf of the City of Livonia and to do all things necessary or
incidental to the full performance of this resolution.
Councilman Ventura gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 010 THROUGH 140, 170
THROUGH 230, 250, and 280 THROUGH 370 OF, AND ADDING
SECTIONS 380 THROUGH 570 OF TITLE 13, CHAPTER 36 OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein. The
above Ordinance was placed on the table for consideration at the next regular meeting
of the Council.
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 090 OF TITLE 2,
CHAPTER 96 (RETIREMENT PLAN) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED.
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A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop
NAYS: None
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Bennett gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 140C OF TITLE 3,
CHAPTER 04 (FINANCIAL PROCEDURES) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the office of the City Clerk and is the same as if word for word repeated herein
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Ventura gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 120 OF TITLE 13,
CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Taylor gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13,
CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
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On a motion by Councilman Bennett, seconded by Councilwoman Gundersen, it
was
#592-83 RESOLVED, that having considered a communication from the City
Planning Commission, dated May 13, 1983, which sets forth its resolution
5-73-83 adopted on May 3, 1983, with regard to Petition 83-3-1-9
submitted by Albert A. Dettore & Associates, Inc. , for a change of zoning
on property located on the east side of Farmington Road, south of the
C & 0 Railway in the Southwest 1/4 of Section 27, from M-1 to M-2, and
the Council having conducted a public hearing with regard to this matter
on July 11, 1983, pursuant to Council Resolution 428-83, the Council does
hereby concur in the recommendation of the Planning Commission and the
said Petition 83-3-1-9 is hereby approved and granted; 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
No. 543, as amended, in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop
NAYS: None
On a motion by Councilman Bennett, seconded by Councilman Ventura, it was
RESOLVED, that having considered a communication from the City
Planning Commission, dated May 31, 1983, which sets forth its resolution
5-86-83 adopted on May 17, 1983, with regard to Petition 83-3-2-10 sub-
mitted by Thomas Schuon, requesting waiver use approval to expand an
existing business on the south side of Eight Mile Road between Merriman
and Osmus in the Northeast 1/4 of Section 3, which property is zoned C-2,
and the Council having conducted a public hearing with regard to this
matter on July 11, 1983, pursuant to Council Resolution 429-83, the
Council does hereby refer this item to the Committee of the Whole for
further consideration.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bennett, Ventura
NAYS: Feenstra, Taylor, Bishop
The Vice President declared the resolution denied.
On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was
RESOLVED, that having considered a communication from the City
Planning Commission, dated May 31, 1983, which sets forth its resolution
5-86-83 adopted on May 17, 1983, with regard to Petition 83-3-2-10 submit-
ted by Thomas Schuon, requesting waiver use approval to expand an existing
20462
business on the south side of Eight Mile Road between Merriman and Osmus
in the Northeast 1/4 of Section 3, which property is zoned C-2, and the
Council having conducted a public hearing with regard to this matter on
July 11, 1983, pursuant to Council Resolution 429-83, the Council does
hereby concur in the recommendation of the City Planning Commission and
the said petition 83-3-2-10 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: Feenstra, Taylor, Bishop
NAYS: Gundersen, Bennett, Ventura
The Vice President declared the resolution denied.
On a motion by Councilman Ventura, seconded by Councilman Bennett, it was
RESOLVED, that having considered a communication from the City
Planning Commission, dated May 31, 1983, which sets forth its resolution
5-86-83 adopted on May 17, 1983, with regard to Petition 83-3-2-10
submitted by Thomas Schuon, requesting waiver use approval to expand an
existing business on the south side of Eight Mile Road between Merriman
and Osmus in the Northeast 1/4 of Section 3, which property is zoned C-2,
and the Council having conducted a public hearing with regard to this
matter on July 11, 1983, pursuant to Council Resolution 429-83, the
Council does hereby refer this item to the Committee of the Whole for
further consideration.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was
#593-83 RESOLVED, that having considered a communication from the City
Planning Commission, dated May 31, 1983, which sets forth its resolution
5-86-83 adopted on May 17, 1983, with regard to Petition 83-3-2-10 submit-
ted by Thomas Schuon, requesting waiver use approval to expand an existing
business on the south side of Eight Mile Road between Merriman and Osmus
in the Northeast 1/4 of Section 3, which property is zoned C-2, and the
Council having conducted a public hearing with regard to this matter on
July 11, 1983, pursuant to Council Resolution 429-83, the Council does
hereby table the motion on said Petition 83-3-2-10 until the next full
council meeting.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Feenstra, Bennett, Ventura, Taylor, Bishop
NAYS: Gundersen
The Vice President declared the resolution adopted.
1111, On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
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lim #594-83 RESOLVED, that having considered a communication from the City
Planning Commission, dated May 26, 1983, which sets forth its resolution
5-88-83 adopted on May 17, 1983, with regard to Petition 83-4-2-13 submit-
ted by Daniel M. Robin requesting waiver use approval to utilize an SDD
license in connection with a party store proposed to be located on the
southeast corner of Plymouth and Levan in the Northeast 1/4 of Section 32,
which property is zoned C-2, and the Council having conducted a public
hearing with regard to this matter on July 11, 1983, pursuant to Council
Resolution 430-83, the Council does hereby concur in the recommendation
of the City Planning Commission and the said petition 83-4-2-13 is hereby
denied for the same reasons as those set forth in the action taken by the
Planning Commission.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#595-83 RESOLVED, that having considered a communication from the City
Planning Commission, dated May 26, 1983, which sets forth its resolution
5-91-83 adopted on May 17, 1983, with regard to Petition 83-4-2-16 sub-
mitted by Daniel M. Robin requesting waiver use approval to utilize an
SDM license in connection with a party store proposed to be located on
the southeast corner of Plymouth and Levan Roads in the Northeast 1/4 of
Section 32, which property is zoned C-2, and the Council having conducted
a public hearing with regard to this matter on July 11, 1983, pursuant to
Council Resolution 431-83, the Council does hereby concur in the recom-
mendation of the City Planning Commission and the said Petition 83-4-2-16
is hereby denied for the same reasons as those set forth in the action
taken by the Planning Commission.
On a motion by Councilman Taylor, seconded by Councilman Bennett, it was
#596-83 WHEREAS, pursuant to due and proper notice published and mailed
to all property owners in Special Assessment District No. 245 for a street
improvement consisting of the placement of 4" of asphalt on the existing
roadway on Flamingo Avenue between Lyndon and Nye Court in Section 23, in
the City of Livonia, Wayne County, Michigan, as required by the provisions
of the City Charter and Title 3, chapter 8 of the Livonia Code of Ordin-
ances, as amended, a public hearing thereafter having been held thereon
on Monday, July 11, 1983, at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, and the City Council having duly met and reviewed the
special assessments levied on the special assessment roll as prepared by
the City Assessor to cover the district portion of the cost of said street
improvement to be constructed in Special Assessment District No. 245; and
WHEREAS, the City Council has heard and carefully considered all objection:
made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, THAT•
(1) The City Council does hereby determine that the assessments set forth
in said Special Assessment Roll dated May 9, 1983, in the amount of
$16,427.16, are fair and equitable and based upon benefits to be
derived by construction of improvements proposed in said district, in
accordance with the plans of the City Engineer and resolutions of the
City Council;
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(2) Said Special Assessment Roll No. 245 is hereby approved and
confirmed in all respects;
(3) The amount of said roll shall be divided into ten (10) equal
annual installments with interest at the rate of eight percent
(:",) per annum on the unpaid balance of the assessment from the
date of confirmation. Said interest shall be payable on each
installment due date; provided, however, that after the issuance
of bonds in anticipation of the collection of the unpaid assessments
on the said special assessment roll, said rate of interest shall be
adjusted to a rate which is not more than 1%o above the average rate
of interest borne by said bonds. In such cases where the installment:
will be less than Ten Dollars ($10.00) the number of installments
shall be reduced so that each installment shall be above and as near
Ten Dollars ($10.00) as possible. The first installment shall be due
and payable December 1, 1984 and subsequent installments on December
1st of succeeding years;
(4) Pursuant to the provisions of Section 3.08.130 of the Livonia Code
of Ordinances, as amended, the City Clerk shall endorse the date of
confirmation on the assessment roll, and the said assessment roll
shall then be immediately transmitted to the City Treasurer who shall
then publish notice as is required by Section 3.08.190 of the Livonia
Code of Ordinances, as amended, and mail assessment statements to the
respective property owners assessed in the manner and substance as
provided by said Section 3.08.190. Any property owner assessed may,
within sixty (60) days from December 1, 1983 pay the whole or any
part of the assessment without interest or penalty;
(5) The first installment shall be spread upon the 1984 City tax roll in
the manner required by Section 3.08.210 of the Livonia Code of
Ordinances, as amended, together with interest upon all unpaid
installments from December 1, 1983 and thereafter one (1) installment
shall be spread upon each annual tax roll together with one (1)
year's interest upon all unpaid installments; provided, however, that
when any annual installment shall have been prepaid in the manner
provided in Title 3, Chapter 8 of the Livonia Code of Ordinances, as
amended, either within the sixty (60) day period as provided by
Section 3.08.200 or after the expiration of the sixty (60) day
period as provided by Section 3.08.220, then there shall be spread
upon the tax roll for such year only the interest for all unpaid
installments; and
(6) The City Council hereby determines to pay a portion of the cost of the
said improvement within the said district in the sum of $11,898.91.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop
NAYS: None
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On a motion by Councilman Feenstra, seconded by Councilman Ventura, it was
#597-83 WHEREAS, pursuant to Act No. 198 of the Public Acts of 1974, as
amended, this Council has the authority to establish industrial develop-
ment districts within the boundaries of the City of Livonia; and
WHEREAS, a proposal was made regarding the establishment of an industrial
development district encompassing land situated in the City of Livonia
and housing a facility consisting of 12,000 sq. ft. located on Lot 20 of
Jeffries Freeway Industrial Park Subdivision, Livonia, Michigan, Wayne
County, more particularly described in Exhibit A attached hereto and in-
corporated by reference herein, which area is hereinafter referred to as
"City of Livonia Industrial Development District No. 11"; and
WHEREAS, written notice has been given by certified mail to Prestole
Corporation of the Council's pending action on this resolution and of its
right to a hearing on the establishment of proposed City of Livonia
Industrial Development District No. 11; and
WHEREAS, notice has been given to all interested owners, residents and
taxpayers in the Livonia area of a public hearing on the establishment of
the proposed City of Livonia Industrial Development District No. 11; and
WHEREAS, on July 11, 1983, a public hearing was held on the establishment
of proposed City of Livonia Industrial Development District No. 11, at
which time Prestole Corporation and other taxpayers and residents of the
City of Livonia had an opportunity to be heard (a copy of the statements
both written and oral made at such hearing being on file with this City
Council), and a representative of Prestole Corporation attended said
hearing and acknowledged receipt of notice of such hearing on behalf of
the said corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS:
1. An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto.
2. Such Industrial Development District is hereby designated as the
"City of Livonia Industrial Development District No. 11."
EXHIBIT A
Lot 20 of Jeffries Freeway Industrial Park Subdivision, Livonia,
Wayne County, Michigan.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Feenstra, Gundersen, Ventura, Bishop
NAYS: Bennett, Taylor
The Vice President declared the resolution adopted.
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On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was
#598-83 RESOLVED, that having considered a communication from the Depart-
ment of Law, dated July 14, 1983, submitted pursuant to Council Resolution
316-83, transmitting for Council acceptance a Deed for Michigan dated
April 21, 1983, executed by Carl Pittler, Chief Disposition Section, Field
Officer, for and on behalf of Samuel R. Pierce, Jr. , Secretary of Housing
and Urban Development, conveying to the City certain property described
as follows:
Lot 297
THE ARGONNE SUBDIVISION, as recorded in Liber 40, Page 5
of Plats, Wayne County Records.
20120 Deering
the Council, for and on behalf of the City of Livonia, does hereby
determine to accept the aforesaid Deed for Michigan; 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.
A rollcall vote was taken on the foregoing resolution with the following result:
AYES: Feenstra, Gundersen, Bennett, Taylor, Bishop
NAYS: Ventura
The Vice President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Ventura, it was
RESOLVED, that having considered the report and recommendation
of the Director of Community Resources, dated July 18, 1983, which bears
the signature of the Finance Director and is approved by the Mayor, the
Council does hereby authorize Corona Construction, Inc. , 500 Stephenson
Highway, Suite 212, Troy, Michigan 48084, to construct a vestibule for the
Fire Station Center for the price of $2606.00, $2100.00 of which is
hereby appropriated and authorized to be expended from a grant received
from the Michigan Office of Services to the Aging and the balance of which
is hereby appropriated and authorized to be expended from Community
Development Block Grant Funds; further, the Council does hereby authorize
the said item without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with the
provisions set forth in Section 3.04.140 D, 4 & 5 of the Livonia Code of
Ordinances, as amended.
On a motion by Councilwoman Gundersen, seconded by Councilman Feenstra, it
was
#599-83 RESOLVED, that having considered the report and recommendation
of the Director of Community Resources, dated July 18, 1983, which bears
the signature of the Finance Director and is approved by the Mayor, the
Council does hereby authorize Edington Construction Company, 15670
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Edington, Livonia, Michigan 48154+, to construct a vestibule for the Fire
Station Center for the price of $2615.00, $2100.00 of which is hereby
appropriated and authorized to be expended from a grant received from the
Michigan Office of Services to the Aging and the balance of which is
hereby appropriated and authorized to be expended from Community Develop-
ment Block Grant Funds; further, the Council does hereby authorize the
said item without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with the
provisions set forth in Section 3.011.1110 D, 4 & 5 of the Livonia Code of
Ordinances, as amended.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Feenstra, Gundersen, Bennett, Ventura, Bishop
NAYS: Taylor
The Vice President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was
#600-83 RESOLVED, that having considered the report and recommendation of
the Director of Community Resources, dated July 11, 1983, approved by the
Finance Director and approved for submission by the Mayor, the Council does
hereby accept the bid of Superior School Equipment Co. , Inc., 32903 North-
western Highway, Farmington Hills, Michigan 48018, for furnishing and
installing a partition in the Civil Service Meeting Room for the price of
$1156.00, the same having been in fact the lowest and only bid received
and meets specifications; Further, the Council does hereby authorize the
transfer of the sum of $4156.00 from the General Fund Rental Revenue
Account to the Capital Outlay Budget Account for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop
NAYS: None
On a motion by Councilman Taylor, seconded by Councilman Bennett, it was
RESOLVED, that having considered the report and recommendation of
the Fire Chief, dated July 8, 1983, approved by the Director of Finance and
approved for submission by the Mayor, the Council does hereby accept the
bid of Hawkins Equipment Company, 74+7 Orchard Lake Road, Pontiac, Michi-
gan, for the repair of a leak in a 3,000 gallon gas tank for the Fire
Division for the price of $3195.00, the same having been in fact the
lowest bid received and meets specifications; further, the Council does
hereby appropriate and authorize the expenditure of the sum of $3195.00
from Equipment Maintenance Account 338-778.000.000 for this purpose.
201.68
On a motion by Councilman Bennett, seconded by Councilman Ventura, and
unanimously adopted, it was
#601-83 RESOLVED, that having considered the report and recommendation of
the Fire Chief, dated July 8, 1983, approved by the Director of Finance
and approved for submission by the Mayor, and having further considered
the information provided by the Fire Chief at the Council meeting of July
27, 1983, the Council does hereby refer this matter back to the Fire Chief
for his review and recommendation regarding the possible purchase and
installation of a new fiberglass tank.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#602-83 RESOLVED, that having considered a petition submitted by certain
residents on Schoolcraft between Hix and Newburgh received by the Office
of the City Clerk on July 6, 1983, the Council does hereby amend and
revise council resolution 362-83 adopted on May 18, 1983, so as to delete
the approval therein provided to construct and install sidewalks on the
I-96 North Service Road (Schoolcraft Road) from Hix Road to Newburgh Road;
and the Engineering Division is hereby authorized to do all things neces-
sary or incidental to the full performance of this resolution.
On a motion by Councilman Bennett, seconded by Councilman Taylor, and
unanimously adopted, it was
#603-83 RESOLVED, that having considered a communication from the Per-
sonnel Director, dated July 5, 1983, approved by the Finance Director and
approved for submission by the Mayor, and which transmits a resolution
adopted by the Civil Service Commission on May 12, 1983, wherein it is
recommended that effective December 1, 1983 the following rates shall be
established for hockey officials:
Mites $8.00 for 2 men or
$10 00 for 1 man
Squirts $8.00
Pee Wee $9.00
Bantams $9.00
Midgets $10.00
Juniors $11.00
Girls $10.00
The Council does hereby concur in and approve of such action.
On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, it
was
20+69
RESOLVED, that having considered the report and recommendation of
the City Engineer, dated June 29, 1983, approved by the Director of Public
Works and approved for submission by the Mayor Pro Tem, with regard to the
necessity to relocate an existing primary power line at the northwest cor-
ner of Farmington and Lyndon in connection with the construction of a
building by MetroVision of Livonia, Inc., the Council does hereby authori.e
the City Clerk to sign a "Detroit Edison Joint R/W" form on behalf of the
City on the basis of an Alternate II Route which would extend the existing
pole line within Ford Field easterly to Farmington Road, then northerly on
Farmington Road, then westerly along the north boundary of the MetroVisio4
Site to intercept the existing pole line.
On a motion by Councilman Bennett, seconded by Councilman Feenstra, and
unanimously adopted, it was
#604-83 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated June 29, 1983, approved by the Director of Public
Works and approved for submission by the Mayor Pro Tem, with regard to the
necessity to relocate an existing primary power line at the northwest corner
of Farmington and Lyndon in connection with the construction of a building
by MetroVision of Livonia, Inc., the Council does hereby refer this matter
to the Engineering Department for its report and recommendation as to the
feasibility of placing the electrical service for the MetroVision Head-
quarters Building underground using either a Farmington Road path or the
easements along the Silver Village property line.
On a motion by Councilman Ventura, seconded by Councilman Feenstra, and
unanimously adopted, it was
#605-83 RESOLVED, that having considered a communication from the City
Engineer, dated July 14, 1983, which bears the signature of the Director ca'
Finance, is approved by the Director of Public Works and is approved for
submission by the Mayor, which submits a report prepared by the Division
of Engineering and Inspection, with regard to a proposed sanitary sewer
extension to the northwest corner of the City, submitted pursuant to
Council Resolution 296-83, the Council does hereby determine as follows-
1. To authorize proceeding with a project to (1) construct the
Seven Mile Sanitary Sewer Extension and (2) construct
sanitary sewers for the residential areas in the S.E. 1/4+ of
Section 6 (shown as Phase I in the Cost Estimates Section of
report) provided that sanitary sewers on Bethany and St.
Martins be constructed subject to right-of-way and/or
easements being provided by property owners on these streets
at no cost to the City,
2. To request the Wayne County Board of Public Works to authorize
the use of surplus funds from prior. S-zlitary Sewer Bond issues
lis for the purpose of constructing the Seven Mile Road Sanitary
Sewer Extension and sanitary sewers on Newburgh, St. Martins,
Northland and Bethany in the S. E. 1/4 of Section 6 of the City,
as shown in the Engineering and Inspection Division's report
of July 14, 1983,
20470
3. To authorize the Division of Engineering and Inspection and
the Department of Law to take whatever steps are necessary,
including the obtaining of appraisals and the conducting of
negotiations, to obtain the rights-of-way and/or easements
needed to construct the Phase I sanitary sewer project;
4. To retain the firm of Orchard, Hiltz & McCliment for the
purpose of providing professional engineering services
for the Phase I sanitary sewer project and, in connection
therewith to authorize the Department of Law to prepare
an Engineering agreement for the services to be provided
and to thereafter submit said agreement to the Council for
approval;
AND, FURTHER, the Council does hereby refer to the Water and Sewer Committee
for its report and recommendation the matter of determining participation in
the cost of the Seven Mile Sanitary Sewer Extension by property owners who
will receive the benefit of such an improvement.
On a motion by Councilman Taylor, seconded by Councilman Ventura, it was
#606-83 RESOLVED, that having considered a letter from the Michigan Liquor
Control Commission, dated April 21, 1983, and the report and recommendation
of the Chief of Police, dated July 12, 1983, in connection therewith, the
Council does hereby approve of a request from Evon's Meat Market, Inc., for
transfer of ownership of a 1982-83 SDM licensed business from Pisto's
Enterprises, Corp., located at 33521 West Eight Mile Road, Livonia,
Michigan 48152; 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: Gundersen, Bennett, Ventura, Taylor, Bishop
NAYS: Feenstra
The Vic( President declared the resolution adopted.
On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was
#607-83 RESOLVED, that having considered a communication from the City
Planning Commission, dated July 1, 1983, which transmits its resolution
6-125-83 adopted on June 21, 1983, with regard to Petition 83-4-3-1
submitted by the City Planning Commission pursuant to Council Resolution
273-83, to vacate an alley located north of Plymouth Road between Arcola
and Inkster in the S.E. 1/4 of Section 25, the Council does hereby reject
the recommendation of the Planning Commission in part and does hereby grant
and approve the said petition 83-4-3-1 with respect to where the said alley
adjoins lots 41 through 44 only; and the Department of Law is hereby re-
quested to prepare the necessary vacating ordinance in accordance with this
resolution.
20+71
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Feenstra, Gundersen, Bennett, Ventura
NAYS: Taylor Bishop
The Vice President declared the resolution adopted.
On a motion by Councilman Feenstra, seconded by Councilwoman Gundersen,
and unanimously adopted, it was
#608-83 RESOLVED, that having considered a communication from the City
Planning Commission, dated June 14, 1983, which transmits its resolution
6-115-83 adopted on June 7, 1983, with regard to the revised site plan
submitted in connection with Petition 81-1-2-1 by J. D. Dinan requesting
waiver use approval to construct buildings for general office uses on the
southwest corner of Brentwood and Eight Mile Roads in the N.E. 1/4 of
Section 1, the Council does hereby concur in the recommendation of the
Planning Commission and the revised site plan as submitted herein is
hereby approved, such approval to be based upon the same conditions as
those set forth in the aforesaid recommendation of the Planning Commission.
On a motion by Councilman Ventura, seconded by Councilwoman Gundersen, it
was
#609-83 RESOLVED, that having considered a communication from the City
Planning Commission, dated June 28, 1983, which transmits its resolution
6-121-83 adopted on June 21, 1983, with regard to Petition 83-6-2-20
submitted by Edwin L. Laupmanis requesting waiver use approval to construct
a funeral home on the west side of Wayne Road between Joy Road and Ann
Arbor Trail in the Southwest 1/4 of Section 33, which property is zoned
P. S. , the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 83-6-2-20 is hereby approved and
granted, such approval to be based upon the same conditions as those set
forth in the aforesaid recommendation of the Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bennett, Ventura, Bishop
NAYS: Feenstra, Taylor
The Vice President declared the resolution adopted.
On a motion by Councilman Bennett, seconded by Councilman Taylor, it was
#610-83 RESOLVED, that having considered the report and recommendation of
the Streets, Roads and Plats Committee, dated July 27, 1983, submitted
pursuant to Council Resolution 559-83, in connection with the report and
recommendation of the City Engineer, dated June 8, 1983, approved by the
20472
Director of Public Works and approved for submission by the Mayor, with
regard to an Irrevocable Commercial Letter of Credit drawn on the
National Bank of Detroit in the total amount of $14,700 placed on file
with the City Clerk by the proprietor of the Woodcreek Farms Subdivision
No. 3, located in the Southeast 1/4 of Section 15, and the request of the
aforesaid proprietor that the said Letter of Credit be accepted in order
to cover the improvement bond requirements established in Council Resolu-
tion 1054-81, adopted on December 7, 1981, in the total amount of $14,700
and that cash bonds totaling $4,600 now on file with the City be returned
to United Homes, 24801 Five Mile Road, Detroit, Michigan 48239, the
Council does hereby approve the acceptance of the letter of credit as
described in the Chief Engineer's letter of June 8, 1983, conditioned
upon the proprietor of the Subdivision performing the following work:
1) To install three water bibs for service to the eyebrow islands
within the Subdivision within four weeks from the effective
date of this resolution;
2) To install the final asphalt lift within 15 months of the
effective date of this resolution;
3) To install or have installed an approved subdivision entrance
marker within 15 months of the effective date of this
resolution;
Further, the cash bonds totaling $4,600 now on file with the City shall be
returned to United Homes, 24801 Five Mile Road, Detroit, Michigan 48239,
and the City Clerk is 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, Gundersen, Bennett, Ventura, Taylor, Bishop
NAYS: None
On a motion by Councilman Ventura, seconded by Councilman Taylor, and
unanimasly adopted, it was
#611-83 RESOLVED, that having considered a communication from the City
Clerk, dated July 19, 1983, the Council does hereby rescind Council Reso-
lution 652-82, adopted on September 8, 1982, which established S.A.D. No.
238, the action therein having been superseded by Council Resolution
513-83 adopted on June 29, 1983.
On a motion by Councilman Feenstra, seconded by Councilman Ventura, and
unanimously adopted, it was
#612-83 RESOLVED, that having considered a communication from the
Michigan Liquor Control Commission, dated July 19, 1983, with respect to
a request from Arbor Drugs, Inc. for a new SDM License to be located at
29598 Seven Mile Road, Livonia, Michigan 48152, the Council does hereby
recommend that the Liquor Control Commission deny the said request inasmuc1.
20473
as this application would be in violation of and in noncompliance with the
requirements prescribed by the Livonia Zoning Ordinance 543, as amended;
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 Feenstra, seconded by Councilman Ventura, and
unanimously adopted, it was
#613-83 RESOLVED, that having considered a communication from the Michi-
gan Liquor Control Commission, dated July 19, 1983, with respect to a
request from Arbor Drugs, Inc. for a new SDD License to be located at
29598 Seven Mile Road, Livonia, Michigan 48152, the Council does hereby
recommend that the Liquor Control Commission deny the said request inasmuch
as this application would be in violation of and in noncompliance with the
requirements prescribed by the Livonia Zoning Ordinance 543, as amended;
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 Bennett, seconded by Councilwoman Gundersen, and
unanimously adopted, it was
#614-83 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 Feenstra, seconded by Councilman Taylor, and
unanimously adopted, it was
#615-83 RESOLVED, that having considered a letter dated July 22, 1983
from Giuliano Soave, President of Villanova Construction Co. , Inc., 20764
Hugo Avenue, Farmington Hills, Michigan 48024, the Council does hereby
amend and revise Council Resolution 556-83 adopted on July 13, 1983 so as
to rescind the action taken therein with regard to Petition 83-5-1-14.
On a motion by Councilman Ventura, seconded by Councilman Feenstra, and
unanimously adopted, it was
#616-83 RESOLVED, that having considered a letter dated July 22, 1983
from Giuliano Soave, President of Villanova Construction Co. , Inc., 20764
Hugo Avenue, Farmington Hills, Michigan 48024, and the Council having
rescinded CR 556-83 adopted on July 13, 1983 so as to rescind the action
taken therein with regard to Petition 83-5-1-14, the Council does further
determine to table the subject Petition until such time as the petitioner
desires further action.
20474
On a motion by Councilman Bennett, seconded by Councilman Feenstra, and
unanimously adopted, it was
#617-83 RESOLVED, that having considered a letter dated July 22, 1983,
from Joanne Aloe, 39115 Lyndon, Livonia, Michigan 48154, requesting
permission to close Lyndon Street between Norman and Eckles on Saturday,
August 27, 1983, from 3:00 p.m. until 10:00 p.m. , for the purpose of
conducting a block party, the Council does hereby grant permission as
requested, the action taken herein being made subject to approval of the
Police Department.
On a motion by Councilman Feenstra, seconded by Councilman Bennett, it was
#618-83 WHEREAS, the City Clerk has received an Application for Industrial
Facilities Exemption Certificate from Krandle, Thompson & Mier, P.C.,
attorneys for Allmand Associates, Inc. , dated June 14, 1983, covering
planned expansion of industrial facilities within the City of Livonia
Industrial Development District No. 6; and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia, as well as the legislative body of each taxing unit which
levies ad valorem property taxes in the local governmental unit in which
the proposed expansion of facilities is to be located, i.e., the City of
Livonia, and advised each of them that the said application has been
received; and
WHEREAS, the City Council has afforded Allmand Associates, Inc. , the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this application and said hearing having in
fact been conducted on Monday, July 25, 1983, at 8:00 p.m., at the Livonia
City Hall, 33000 Civic Center Drive, Livonia, Michigan;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS:
1. That the City Counci], on the basis of the information received
from the applicant, Allmand Associates, Inc., finds and
determines: (a) that the granting of this industrial
facilities exemption certificate shall not have the effect of
substantially impeding the operation of the local governmental
unit or impairing the financial soundness of any taxing unit
which levies an ad valorem property tax in the local governmental
unit in which the facility is to be located; and (b) the appli-
cant has fully complied with the requirements of Section 9, Act
No. 198, P. A. 1974, as amended.
2. That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Allmand
Associates, Inc. covering the planned expansion of industrial
facilities to be located within the City of Livonia Industrial
District No. 6 for a period ending December 31, 1989.
20+75
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Feenstra, Gundersen, Bennett, Ventura, Taylor, Bishop
NAYS: None
On a motion by Councilman Bennett, seconded by Councilman Taylor, and
una._.;.mously adopted, it was
#619-83 RESOLVED, that having considered a letter dated July 27, 1983,
from Jamie Coe, of Jamies on 7, the Council does hereby approve the use
of Bicentennial Park for the dates of August 19 and 20, and Ford Field
for the date of August 21, for use by Jamies on 7 and the Livonia Heart
Fund for purposes of conducting a softball tournament and for the selling
of beer, soft drinks and hot dogs during the exercise of the softball
events, the proceeds of which will be donated to the Livonia Heart Fund
conditioned upon the following:
1) The issuance of a proof of liability insurance statement to hold
the City harmless to be issued to the City Clerk; and
2) To restrict the sale and consumption of the beverages and food
to a designated area of the designated park site;
and the City Clerk and Law Department are requested and authorized to do
all things necessary or incidental to the full performance of this
resolution.
By Councilman Feenstra, seconded by Councilwoman Gundersen, and unanimous-
ly adopted, this 1011th Regular Meeting of the Council of the City of Livonia was
duly adjourned at 9:30 p.m., July 27, 1983.
%7?frAte Ne1/41-1
ROBERT F. NASH, CITY CLERK