HomeMy WebLinkAboutCOUNCIL MINUTES 1988-10-10 24512
MINUTES OF THE ONE THOUSAND ONE HUNDRED AND THIRTY-EIGHTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On October 10, 1988, 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 02 P.M. Councilwoman McCotter delivered the invocation.
Roll was called with the following result Present. Fernon P. Feenstra,
Laura Toy, Joan McCotter, Gerald Taylor, Ron Ochala and Dale Jurcisin, Absent.
Robert R. Bishop*.
Elected and appointed officials present. Harry Tatigian, City Attorney,
Robert F. Nash, City Clerk, Robert D Bennett, Mayor, John Nagy, Planning Director,
Raul Galindo, City Engineer, David Preston, Finance Director, Karen Szymula,
L Director of Legislative Affairs , Robert Beckley, Director of Public Works, Ron
Reinke, Superintendent of Parks and Recreation; Douglas Pakkala, Public Utility
Manager, Jeanne Treff, Cable TV Director, Tom Carey, Traffic Commission and Sue
Daniel , Historical Commission.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
1964-88 RESOLVED, that the minutes of the 1 ,137th Regular
Meeting of the Council of the City of Livonia, held September
28, 1988 are hereby approved
*Councilman Bishop arrived at the meeting at 8 03 P.M
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
it was
#965-88 RESOLVED, that having considered a letter from Mr
and Mrs J J Chmielewski , 18287 Gillman, Livonia, Michigan,
dated September 27, 1988, with regard to problems caused by
Ihw cats running at large in their neighborhood, the Council does
hereby refer this item to the Legislative Committee for its
report and recommendation.
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#966-88 RESOLVED, that having considered a communication
from the Arts Commission, dated September 22, 1988, approved
by the Finance Director and approved for submission by the
Mayor, with regard to the sponsorship of the Livonia Symphony
Orchestra' s Christmas Concert on December 4, 1988 at Madonna
College, the Council does hereby approve and authorize the
appropriation and expenditure of the sum of $3,500.00 from
Trust Fund Account 724-000-690-010 for this purpose.
#967-88 RESOLVED, that having considered a letter from Dean
Hanafi , True Comfort Inc. , 2853 Kipling Dr. , Sterling Heights,
Michigan 48310, wherein an interest is indicated for the
purchase of certain city-owned property located on Joy Road,
west of Deering, for the purchase price in the amount of
$8,000.00, the Council does hereby refer this item to the
Department of Law for its report and recommendation.
#968-88 RESOLVED, that having considered a communication
from the City Assessor, dated September 27, 1988, approved
for submission by the Mayor, with regard to a request from
Mr. George Sackleh, 18675 Wayne, Livonia, Michigan 48152,
and in accordance with the provisions of 1967 PA 288, as
amended, as well as Section 18.46 of Ordinance No. 543, as
amended, the Livonia Zoning Ordinance, the Council does hereby
determine to deny the request for dividing Tax Item No. 46
029 99 0006 007 into four parcels since the same would be
in violation of the City' s Zoning Ordinance and Law.
#969-88 RESOLVED, that having considered a communication
from the City Assessor, dated September 27, 1988, approved
for submission by the Mayor, with regard to a request from
Ms. Marie Spanich, 32610 Myrna, Livonia, Michigan 48154, and
in accordance with the provisions of 1967 PA 288, as amended,
as well as Section 18.46 of Ordinance No. 543, as amended,
the Livonia Zoning Ordinance, the Council does hereby approve
of the proposed division and combination of Tax Item No. 46
059 02 0018 002 into four parcels, the legal descriptions
of which shall read as follows
PARCEL "A" The East 100.00 feet of LOT 19, "KRISTENSEN ESTATES"
a subdivision of part of the S W. 1/4 of Section 15, T. 1
S. , R 9 E , City of Livonia, Wayne County, Michigan As
recorded in liber 68 of plats, on page 68, Wayne County Records.
PARCEL "B" The West 100 00 feet of the East 200 00 feet of
LOT 19, of "KRISTENSEN ESTATES" a subdivision of part of
the S.W. 1/4 of Section 15, T 1 S , R 9 E , City of Livonia,
Wayne County, Michigan. As recorded in liber 68 of plats,
on page 68, Wayne County Records.
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PARCEL "C" The West 100.00 feet of the East 300.00 feet of
LOT 19, of "KRISTENSEN ESTATES" a subdivision of part of the
S.W. 1/4 of Section 15, T. 1 S. , R 9 E. , City of Livonia,
Wayne County, Michigan. As recorded in liber 68 of plats,
on page 68, Wayne County Records
PARCEL "D" The West 97 00 feet of LOT 19 and the East 50.00
feet of LOT 18, of "KRISTENSEN ESTATES" a subdivision of part
of the S.W. 1/4 of Section 15, T. 1 S. , R. 9 E. , City of
Livonia, Wayne County, Michigan As recorded in liber 68
of plats, on page 68, Wayne County Records.
as shown on the map attached on 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; provided, however, that to the extent required by
law and City ordinance, the action herein is made subject
to the approval of the Zoning Board of Appeals.
#970-88 RESOLVED, that having considered a communication
from the Director of Community Resources, dated September
27, 1988, approved by the Finance Director and approved for
submission by the Mayor Pro Tem, the Council does, for and
on behalf of the City of Livonia, accept a grant award to
the Department of Community Resources from the United Foundation
Venture Grant Program in the amount of $13,500.00, the purpose
of which is to further the development of Project: Link.
#971-88 RESOLVED, that having considered a communication
from the Director of Community Resources, dated September
28, 1988, approved by the Finance Director and approved for
submission by the Mayor Pro Tem, and to which is attached
an Addendum to the Agreement for Distribution of USDA Surplus
Commodity Products which would extend the effective period
of the Agreement between the City of Livonia and
Wayne-Metropolitan Community Services Agency for the period
ending September 30, 1989, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the said Addendum in the manner and form
herein submitted
#972-88 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 15, 1988,
approved for submission by the Mayor, the Council does hereby
authorize the release to Vargo and Associates, 35166 Vargo,
Livonia, Michigan 48152, the proprietor of Heart Subdivision,
located on the West side of Alois, South of Plymouth Road
in Section 30, the financial assurances previously deposited
with respect to the General Improvements in the sum of
$28,000.00, pursuant to Council Resolution 111-88 adopted
on February 10, 1988, and all other financial assurances now
on deposit with the City with respect to this subdivision,
including the sidewalk improvement bond, shall remain the
same and unchanged; and the action herein being taken is for
the reasons indicated
24515
in the aforementioned report of the City Engineer that all
these improvements have been satisfactorily installed in
accordance with the rules and regulations and ordinances of
the City of Livonia.
1973-88 RESOLVED, that having considered a communication
from the Planning Director, dated September 15, 1988, which
bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby authorize
the transfer of the sum of $2,250.00 from the Unexpended Fund
Balance Account to the following accounts in the following
amounts:
ACCOUNT AMOUNT
101-805-905-000 $ 500 00
Publishing
101-805-728-000 $ 250.00
Office Supplies
101-805-904-000 $1 ,500.00
Printing
TOTAL $2,250.00
A communication from the Planning Director, dated September 13, 1988
re Council Resolution 858-88 (utilization of City-owned property, Lot 45, South
of Grand River and East of Rensellor) was received and placed on file for the
information of the Council .
#974-88 RESOLVED, that having considered a communication
from the Council President, dated September 26, 1988, wherein
a proposal is submitted for the enactment of an ordinance
that requires drunk drivers that cause collisions in the City
of Livonia to reimburse the City for personnel and equipment
charges, the Council does hereby refer this item to the
Legislative Committee for its report and recommendation.
#975-88 RESOLVED, that having considered a communication from
Councilman Ron Ochala, dated September 26, 1988, wherein a
proposal is submitted for the adoption of an amendment to
Zoning Ordinance 543 which would require all applicants
requesting a rezoning of property to install a sign on such
property indicating that a zoning change is being proposed,
the Council does hereby request that the City Planning
Commission, in accordance with Section 23.01 (a) of Zoning
Ordinance 543, conduct a public hearing and thereafter submit
its report and recommendation with regard to the proposed
Ordinance Amendment.
24516
#976-88 RESOLVED, that having considered a communication
from Councilman Ron Ochala, dated September 26, 1988, wherein
a proposal is submitted for the adoption of an amendment to
Zoning Ordinance 543 which would require all applicants
requesting a rezoning of property to install a sign on such
property indicating that a zoning change is being proposed,
the Council does hereby refer this item to the Legislative
Committee for its report and recommendation.
#977-88 RESOLVED, that having considered a communication
from Councilwoman Laura M. Toy, dated October 3, 1988, with
regard to a meeting to be conducted on October 27, 1988 on
the subject of recycling, the Council does hereby refer this
item to the Water and Sewer Committee for its report and
recommendation.
#978-88 RESOLVED, that having considered a communication
from the City Engineer, dated September 22, 1988, approved
for submission by the Mayor, and submitted pursuant to Council
Resolution 226-88, and the City Engineer having ascertained
the assessed valuation of all property affected by the proposed
street improvement of Harrison, South of Six Mile Road in
the North 1/2 of Section 13, and such report having indicated
the number of parcels which show tax delinquencies, the number
of parcels owned by public authorities, the number of parcels
which are vacant, and having prepared and caused to be prepared
plans and specifications therefor and an estimate for the
cost thereof, and to file the same with the City Clerk together
with this recommendation as to what proportion of the cost
should be paid by special assessment and what part, if any,
should be a general obligation of the City, the number of
installments in which assessments may be paid and the lands
which should be included in the proposed special assessment
district, and it appearing to the Council that all of such
information, estimate, plans, specifications and recommendations
have been properly filed by the City Engineer with the City
Clerk under date of September 22, 1988, and that there has
been a full compliance with all of the provisions of Section
3.08.060 of the Livonia Code of Ordinances, as amended, the
Council does hereby set Monday, October 24, 1988 at 7 00 P.M.
as the date and time for a public hearing on the Necessity
for such proposed improvement which public hearing shall be
held before the Council in the Livonia City Hall , 33000 Civic
Center Drive, Livonia, Michigan, pursuant to Section 3 08 070
of said Livonia Code of Ordinances, as amended, and the City
Clerk is hereby authorized to give notice and publication
of such hearing as is required by Section 3 08.070 of said
imw Code.
#979-88 RESOLVED, that having considered a communication
from the City Engineer, dated September 22, 1988, approved
24517
for submission by the Mayor, and submitted pursuant to Council
Resolution 420-88, and the City Engineer having ascertained
the assessed valuation of all property affected by the proposed
street improvement of Merriman Court, North of Seven Mile
Road in the Southwest 1/4 of Section 2, and such report having
indicated the number of parcels which show tax delinquencies,
the number of parcels owned by public authorities, the number
of parcels which are vacant, and having prepared and caused
to be prepared plans and specifications therefor and an estimate
for the cost thereof, and to file the same with the City Clerk
together with this recommendation as to what proportion of
the cost should be paid by special assessment and what part,
if any, should be a general obligation of the City, the number
of installments in which assessments may be paid and the lands
which should be included in the proposed special assessment
district, and it appearing to the Council that all of such
information, estimate, plans, specifications and recommendations
have been properly filed by the City Engineer with the City
Clerk under date of September 22, 1988, and that there has
been a full compliance with all of the provisions of Section
3.08.060 of the Livonia Code of Ordinances, as amended, the
Council does hereby set Monday, November 14, 1988 at 7 00
P M. as the date and time for a public hearing on the Necessity
for such proposed improvement which public hearing shall be
held before the Council in the Livonia City Hall , 33000 Civic
Center Drive, Livonia, Michigan, pursuant to Section 3.08.070
of said Livonia Code of Ordinances, as amended, and the City
Clerk is hereby authorized to give notice and publication
of such hearing as is required by Section 3 08.070 of said
Code.
#980-88 WHEREAS, pursuant to the direction of the City Council
in its resolution 233-88, adopted on March 9, 1988, 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 September 19, 1988 an assessment roll dated September
19, 1988, for the proposed street improvement of Fargo
consisting of a 28' wide full-depth asphalt pavement with
mountable asphalt curbs (Alternate III ) and on Sunset and
Pembroke consisting of placing approximately four inches of
asphalt on the existing roadway (Alternate IV) in the West
1/2 of Section 2, 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 233-88.
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
24518
required by the provisions of Section 3 08.110 of the Livonia
Code of Ordinances, as amended, to wit that the assessment
roll has been made and filed in the office of the City Clerk
for public examination and that the City Council of the City
of Livonia will meet in the City Hall , 33000 Civic Center
Drive, Livonia, Michigan, on Monday, October 24, 1988 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 October 24, 1988, 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
#981-88 RESOLVED, that in accordance with the provisions
set forth in Section 4 of Act 207 of the Public Acts of Michigan
of 1921 , as amended, the City Zoning Act (MSA 5.2934; MCLA
125.584), as well as Article XXIII of Ordinance 543, as amended,
the Zoning Ordinance of the City of Livonia, the Council does
hereby determine that a public hearing will take place before
the City Council of the City of Livonia on Monday, November
14, 1988 at 7 00 P.M at the City Hall , 33000 Civic Center
Drive, Livonia, Michigan, with respect to the following items.
Petition 88-4-1-8, as amended, submitted by Marcello
Scappaticci for a change of zoning of property located
south of Ann Arbor Road between Patton Avenue and
Knolson Avenue in the Southwest 1/4 of Section 31 ,
from R-1 to P S , the City Planning Commission in
its resolution 9-167-88 having recommended to the
City Council that Petition 88-4-1-8, as amended,
be approved,
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendments to the Zoning Ordinance, and/or
(b) location of the proposed changes of zoning as set forth
above, first to be published in the official newspaper of
the City or a newspaper of general circulation in the City
of Livonia as well as to, not less than fifteen (15) days
prior to said public hearing, cause to have notice to be given
by registered mail to each public utility company and to each
railroad company owning or operating any public utility or
railroad within the districts or zones affected, and further,
the City Clerk is requested to do all other things necessary
or incidental to the full performance of this resolution.
24519
Lroll call vote was taken on the foregoing resolutions with the following result.
AYES: McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop, Feenstra.
NAYS^ None.
Councilman Ochala took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 330 OF
TITLE 13, CHAPTER 08 (WATER SERVICE
RATES AND REVENUES) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES^ McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop, FeeOstra,
NAYS None.
PreSident declarGd the fnrggoing 0rdinance duly adVptSd, and wVuld become
LThe
effective on publication.
Councilman Ochala took from the table, for second reading and adoption,
the following Ordinance.
AN ORDINANCE AMENDING SECTION 180
OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE
DISPOSAL SYSTEM) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES: McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop, Feenstra.
NAYS None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilwoman McCotter took from the table, for second reading and
LadOptiVO, the following Ordinance.
24520
AN ORDINANCE AMENDING SECTION 070 OF
TITLE 13, CHAPTER 08 (WATER SERVICE
RATES AND REVENUES) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result
AYES McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop, Feenstra
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 050 OF
TITLE 13, CHAPTER 08 (WATER SERVICE
RATES AND REVENUES) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
LA roll call vote was taken on the foregoing Ordinance with the following result
AYES McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop, Feenstra
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilwoman McCotter took from the table, for second reading and
adoption, 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
A roll call vote was taken on the foregoing Ordinance with the following result
AYES McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop, Feenstra
imp NAYS None
24521
10 The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF
TITLE 13, CHAPTER 08 (WATER SERVICE
RATES AND REVENUES) OF THE LIOVNIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result
AYES McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop, Feenstra
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#982-88 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Committee, dated
September 26, 1988, submitted pursuant to Council Resolution
681-88 in connection with a communication from the Mayor
to the Director of Public Works, dated June 22, 1988, with
regard to the proposed Wayne County solid waste disposal
plan, the Council does hereby designate Councilman Robert
R. Bishop as Council Representative to the Livonia Solid
Waste Committee and Councilwoman Laura M Toy as the
Alternate
Councilwoman McCotter took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 24 OF
THE ZONING MAP OF THE CITY OF LIVONIA
Imo AND AMENDING ARTICLE III OF ORDINANCE
NO 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
BY ADDING SECTION 3 THERETO (Petition
88-4-1-12)
24522
A roll call vote was taken on the foregoing Ordinance with the following result
AYES McCotter, Taylor, Ochala, Jurcisin, Toy, Bishop, Feenstra
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 3 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
87-12-1-42)
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
it was
RESOLVED, that the Council does hereby refer the
proposed amendment to the Zoning Ordinance submitted by
the Department of Law with regard to Petition 87-12-1-42
submitted by E Pat O'Connell for Disabled American Veterans
Chapter No 114, for a change of zoning on property located
on the North side of Seven Mile Road between Merriman and
Auburndale in the Southeast 1/4 of Section 3, from RUFB
to C-1 , back to the Department of Law and the Planning
Department to prepare a new Ordinance Amendment which should
reduce the size of the area to be rezoned to the size of
the existing home with adequate adjacent parking.
A roll call vote was taken on the foregoing resolution with the following result
AYES Ochala, Jurcisin, Toy
NAYS McCotter, Taylor, Bishop, Feenstra
The President declared the resolution denied
24523
Nb. A roll call vote was taken on the foregoing Ordinance with the following result:
AYES* McCotter, Taylor, Toy, Feenstra
NAYS, Ochala, Jurcisin, Bishop
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
NOTE. A valid protest having been filed, the foregoing ordinance was subsequently
determined not to be adopted since there were not six affirmative votes as
required by State Law and the Zoning Ordinance
Councilwoman Toy gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 22 OF
THE ZONING MAP OF THE CITY OF LIVONIA
�mm AND AMENDING ARTICLE III OF ORDINANCE
NO. 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
BY ADDING SECTION 3. THERETO (Petition
88-3-1-6)
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
On a motion by Councilman Taylor, seconded by Councilman Bishop,
it was
24524
#983-88 RESOLVED, that having considered a communication
from the City Assessor, dated September 21 , 1988, approved
for submission by the Mayor, with regard to a request from
Ms. Barbara Evans, 14430 Brookfield, Livonia, Michigan 48154,
and in accordance with the provisions of 1967 PA 288, as
amended, as well as Section 18.46 of Ordinance No. 543,
as amended, the Livonia Zoning Ordinance, the Council does
hereby determine to deny the request for dividing Tax Item
No. 46 087 99 0005 000 into three parcels since the same
would be in violation of the City' s Zoning Ordinance and
Law.
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Ochala, Toy, Bishop, Feenstra
NAYS: McCotter, Jurcisin
The President declared the resolution adopted
On a motion by Councilwoman McCotter, seconded by Councilwoman Toy,
Lit was
#984-88 RESOLVED, that having considered a communication
from the Historical Commission, dated September 23, 1988,
approved by the Finance Director and approved for submission
by the Mayor, the Council does hereby authorize the Historical
Commission, for and on behalf of the City of Livonia, to
submit an application to the Michigan Equity Program for
a grant in the amount of $150,000 00 for the restoration
of the Newburg School at Greenmead, the subject grant to
be prepared and administered by the Department of Community
Resources
A roll call vote was taken on the foregoing resolution with the following result
AYES. McCotter, Taylor, Ochala, Toy, Bishop, Feenstra.
NAYS. Jurcisin
The President declared the resolution adopted
On a motion by Councilman Bishop, seconded by Councilman Jurcisin,
iim,and unanimously adopted, it was
#985-88 RESOLVED, that having considered a communication
from the Historical Commission, dated September 23, 1988,
24525
im• approved by the Finance Director and approved for submission
by the Mayor, with regard to the Historical Commission filing
an application for a grant in the amount of $150,000 00
for the Michigan Equity Program for the restoration of the
Newburg School at Greenmead, the subject grant to be prepared
and administered by the Department of Community Resources,
the Council does hereby refer this item to the Committee
of the Whole for its report and recommendation.
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
it was
#986-88 RESOLVED, that having considered a communication
from the City Planning Commission, dated September 21 , 1988,
which transmits its resolution 9-175-88 adopted on September
20, 1988, with regard to Petition 88-9-8-25 submitted by
Kamp DiComo Associates, requesting site plan approval in
connection with a proposal to construct an office building
located on the north side of Five Mile Road between Farmington
Road and Westmore Avenue in the Southwest 1/4 of Section
15, pursuant to the provisions set forth in Section 18 47
ihro of Ordinance No. 543, as amended, the Council does hereby
concur in the recommendation of the Planning Commission
and Petition 88-9-8-25 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, and a revised site plan dated September 6, 1988,
further, the Council does hereby determine that the
installation of all signs in connection with this project
shall require the prior approval of the City Council , and
the proposed landscape plan is hereby referred to the
Committee of the Whole for its report and recommendation.
On a motion by Councilman Ochala, it was
RESOLVED, that the Council does hereby refer the
foregoing item to the Committee of the Whole for its report
and recommendation
The motion failed for lack of support.
A roll call vote was taken on the original resolution with the following result
AYES McCotter, Taylor, Jurcisin, Toy, Bishop, Feenstra.
NAYS Ochala
imi -he President declared the resolution. adopted.
24526
IwoOn a motion by Councilman Ochala, seconded by Councilman Jurcisin,
it was
RESOLVED, that the Council does hereby repeal and
rescind Council Resolution 576-88, adopted on June 22, 1988,
with regard to the proposed street improvement of the Golden
Ridge Subdivision, the cost of which was to be defrayed
by special assessment.
A roll call vote was taken on the foregoing resolution with the following result•
AYES Ochala, Jurcisin
NAYS• McCotter, Taylor, Toy, Bishop, Feenstra
The President declared the resolution denied
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
it was
#987-88 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment
District No. 312 for a proposed improvement consisting of
four inches of asphalt over the existing roadway, 20 ft.
to 22 ft wide (Alternate IV) in the Golden Ridge Subdivision
in the East 1/2 of Section 31 , 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
Ordinances, as amended, a public hearing therefter having
been held thereon on Thursday, September 1 , 1988 at 8 00
P.M 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 a street improvement to be constructed
in Special Assessment District No 312, and
WHEREAS, the City Council has heard and carefully considered
all objections 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 August 9, 1988, in the amount of
$187,669 20, are fair and equitable and based
upon benefits to be derived by construction of
improvements proposed in said district in accordance
24527
linwith the plans of the City Engineer and resolutions
of the City Council ,
(2) Said Special Assessment Roll No. 312 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 (8%) 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% above the average rate
of interest borne by said bonds In such cases
where the installments 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 , 1989 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 , 1989 pay the whole or any part of
the assessment without interest or penalty,
(5) The first installment shall be spread upon the
1989 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 , 1988 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,
24528
Las �m�Dded 8ith�r within thG ���\ day periVd
, sixty , ,
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 does hereby determine to pay
for 40 1 .f (Parcel 124-01-0378-000at $12.00
/$480,00\, 15% of the paving costs ($33,202.80),
and 100% of the drainage costs /$14,400.00\ for
a total amount of $48,082 80.
A roll call vote was taken on the foregoing resolution with the following result.
AYES' McCotter, Taylor, Jurcisin, Toy, Bishop, F8enGtra,
NAYS: Ochala.
The President declared the resolution adopted
On a motion by Councilman Ochala, it was
RESOLVED, that having considered a communication
NL- from the City Planning Commission, dated August 24, 1988,
which transmits its resolution 8-154-88 adopted on August
16, 1988, with regard to Petition 88-7-8-22 submitted by
Westin Development, Inc. , requesting site plan approval
in connection with a proposal to construct a retail shopping
center located on the north side of Five Mile Road between
Levan and Williams in the Southwest 1/4 of Section 17,
pursuant to the provisions set forth in Section 18. 68 of
Ordinance 543, as amended, and the Council having conducted
a public hearing with regard to this matter on September
26, 1988, pursuant to Council Resolution 832-88, the Council
does hereby concur in the recommendation of the Planning
Commission and Petition 88-7-8-22 is hereby denied for the
same reasons as those set forth in the action taken by the
Planning Commission.
The motion failed for lack of support.
On a motion by Councilman Taylor, seconded by Councilman Bishop,
it was
198848 RESOLVED, that having considered a communication
from the City Planning Commission, dated August 24, 1988,
L which transmits its resolution 8-154-88 adopted on August
16, 1988, with regard to Petition 88-7-8-22 submitted by
24529
IwoWestin Development, Inc , requesting site plan approval
in connection with a proposal to construct a retail shopping
center located on the north side of Five Mile Road between
Levan and Williams in the Southwest 1/4 of Section 17,
pursuant to the provisions set forth in Section 18. 58 of
Ordinance 543, as amended, and the Council having conducted
a public hearing with regard to this matter on September
26, 1988, pursuant to Council Resolution 832-88, the Council
does hereby refer this item to the Committee of the Whole
for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result.
AYES. McCotter, Taylor, Jurcisin, Toy, Bishop, Feenstra.
NAYS Ochala.
The President declared the resolution adopted.
A communication from the Mayor, dated September 28, 1988, re Shopping
Center, 5 Mile Road West of Levan was received and placed on file for the
Linformation of the Council .
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
it was
#989-88 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 22, 1988,
which sets forth its resolution 7-116-88, adopted on July
12, 1988, with regard to Petition 88-6-1-17, submitted by
McBell Management for a change of zoning on property located
on the south side of Plymouth Road between Newburgh Road
and Jarvis Avenue in the Southeast 1/4 of Section 30, from
RUF to R-7, and the Council having conducted a public hearing
with regard to this matter on September 28, 1988, pursuant
to Council Resolution 751-88, the Council does hereby refer
this item to the Committee of the Whole for its report and
recommendation.
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Taylor, Jurcisin, Toy, Bishop, Feenstra.
NAYS McCotter, Ochala.
im. The President declared the resolution adopted.
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
24530
L
1990-88 RESOLVED, that the City Engineer having filed with
the City Clerk a statement dated July 27, 1988 on all matters
required by Sections 3.08.060 of the Livonia Code of
Ordinances, as amended, and a first public hearing having
been held thereon on October 3, 1988, after due notice as
required by Section 3.08 070 of said Code, and after careful
consideration having been given to all such matters, the
Council does hereby, pursuant to Section 3 08.080 of said
Code'
(1 ) accept and approve said statement in all respects,
(2) determine to make the road improvement consisting
of a 31 ' wide full-depth asphalt pavement
(approximately 7-1/2" thick) with concrete curbs
and gutters (Alternate II ) on Lyons, Oakley, Santa
Anita and Jamison, in the Northeast 1/4 of Section
24, T 1S. , R.9E. , City of Livonia, Wayne County,
Michigan, as described in said statement; and
to defray the cost of such improvement by special
assessment upon the property especially benefited
in proportion to the benefits derived or to be
derived;
(3) approve the plans and specifications for said
improvement as set forth in said statement dated
March 17, 1988,
(4) determine that the estimated cost of such
improvement is $545,549.41 ,
(5) determine that the cost of said improvement shall
be paid for in part by special assessments on
the property benefited thereby and in part by
the City at large, in proportions thereafter
established,
(6) that the proportion of the cost and expense of
said improvement to be borne and paid by the City
shall be 15% of paving (or $72,457 41 ) and 100%
of drainage (or $57,500 00) and the additional
sum of $5,000.00 for right-of-way costs, and that
the balance of said cost and expense of said public
improvement amounting to 85% shall be borne and
paid by special assessments on all lands and
premises in the special assessment district as
herein established in proportion to the benefits
to be derived therefrom,
24531
im. (7) determine that assessments made for such improvement
may be paid in fifteen (15) annual installments
together with interest thereon on the unpaid
balance;
(8) designate the assessment district, describing
the land and premises upon which special assessments
shall be levied as follows,
A special assessment district in the Northeast
1/4 of Section 24, T. 1 S. , R. 9 E , City of
Livonia, Wayne County, Michigan, described as
containing the property shown on the Special
Assessment District Plan.
(9) that the City Assessor is hereby directed to prepare
a special assessment roll including all lots and
parcels of land within the above district designated
by the Council and to assess to each such lot
or parcel of land such relative portions of the
whole sum to be levied against all lands in the
special assessment district as the special benefits
to such lots or parcels of land bear to the total
lim benefit of all land , also to enter upon such roll
the amount which has been assessed to the City
at large, all in accordance with the determination
of the City Council , and
(10) that upon completion of said roll the City Assessor
shall attach thereto the certificate required
by the provisions of Section 3.08 100 of the Livonia
Code of Ordinances, as amended, of the City of
Livonia and file the same with the City Clerk
who thereupon is directed to present the same
to the City Council , prior to the holding of the
second public hearing thereon as required by Section
3.08.110 of the said Code.
On a motion by Councilwoman Toy, seconded by Councilman Jurcisin,
and unanimously adopted, it was
1991-88 RESOLVED, that having considered a letter from
the Livonia Jaycees, dated September 26, 1988, the Council
does, for and on behalf of the City of Livonia, accept the
donation of $1500 from the Livonia Jaycees for renovations
to be made at the Shelden Park Senior Center.
im.
24532
ibmA communication from the City Attorney, dated October 5, 1988, re
Request of Mark W. Kalina to purchase City-owned property located east of Wayne
road and south of Curtis Avenue (CR 663-88) was received and placed on file
for the information of the Council .
On a motion by Councilman Taylor, seconded by Councilwoman McCotter,
and unanimously adopted, it was
#992-88 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 Councilwoman McCotter, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#993-88 RESOLVED, that having considered a communication
from Joan McCotter, Council Vice President, dated October
3, 1988, requesting the City Council consider an amendment
to Chapter 12.20.110 (Public Land) of the Livonia Code of
Ordinances for the removal of pet feces from public school
property as well as City public land property by the owner,
the Council does hereby refer this item to the Legislative
Committee for its report and recommendation.
On a motion by Councilman Bishop, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#994-88 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, Superintendent
of Parks and Recreation and the City Engineer, dated October
7, 1988, approved by the Finance Director and approved for
submission by the Mayor, wherein it is recommended that
a project be initiated to clean out the existing pond at
the Whispering Willows Golf Course (estimated cost $150,000)
and enlarging the reservoir to supply both Whispering Willows
and Fox Creek Golf Courses irrigation needs (estimated cost
from $100,000 to $150,000) , the Council does hereby authorize
the City Engineer to prepare plans and specifications and
thereafter advertise for the taking of competitive bids
for the aforementioned project in the manner and form herein
detailed.
24533
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, this 1 ,138th Regular Meeting of the Council of the
City of Livonia was adjourned at 9 00 P.M , October 10,iir* le°21/441$
Robert F Nash, City Clerk