HomeMy WebLinkAboutCOUNCIL MINUTES 1988-10-19 24541
MINUTES OF THE ONE THOUSAND ONE HUNDRED AND THIRTY-NINTH REGULAR MEETING
N� OF THE COUNCIL OF THE CITY OF LIVONIA
On October 19, 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 01 P.M. Councilman Taylor delivered the invocation
Roll was called with the following result Present: Joan McCotter, Laura
Toy, Robert R Bishop, Gerald Taylor, Ron Ochala and Dale Jurcisin, Absent Fernon
P. Feenstra (out of town on City business)
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, Director
of Legislative Affairs, Ron Reinke, Superintendent of Parks and Recreation, Phillip
Gardner, Fire Marshall and William La Pine, Planning Commission
� The Council Vice President read the following statement into the record
"The proposed ordinance amendment which would have rezoned 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 , pursuant to Petition 87-12-1-42, was declared
adopted by the Council President at the last meeting based upon a roll call vote
which showed four affirmative votes. Unfortunately, through no fault of the members
of the Council or the Council President, the Council President was not aware of
an existing valid protest petition and, therefore, that ordinance has now been
determined not to be adopted since there were not six affirmative votes as required
by State Law and City Zoning Ordinance "
On a motion by Councilman Bishop, seconded by Councilwoman Toy, and
unanimously adopted, it was
L
1995-88 RESOLVED, that the minutes of the 1 ,138th Regular Meeting
of the Council of the City of Livonia, held October 10, 1988
are hereby approved
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On a motion by Councilman Taylor, seconded by Councilwoman Toy,
it was
#996-80 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation,
dated September 29, 1988, approved for submission by the Mayor,
wherein it is recommended that the 1989 Memorial Day Parade
be conducted on Saturday, May 27, 1989, according to the following
schedul8.
Ceremony at Park 9 00 A M
Parade 10,30 A.M
and that the route be as follows.
Assembly at Bentley High School - Five Mile West to
Farmington - Farmington South to Lyndon - Lyndon West
to Ford Field. Parade will end at Ford Field.
the Council does hereby concur in and approve of the aforesaid
action, and the Livonia Police Department is hereby requested
to do all things necessary to close the roads involved in this
event and the Department of Parks and Recreation is hereby
requested to provide advance notice to businesses along the
� parade route of this activity
#997-80 RESOLVED, that having considered a letter from the
Frost PTSA, dated September 26, 1988, with regard to the Holiday
Craft Show which is to be conducted on November 5, 1988, the
Council does hereby waive all license fees and permit costs
in connection with this activity, as well as grant permission
to the PTSA to place two announcement signs to be set up two
weeks prior to the show (October 22, 1988) and removed on November
6, 1988, the locations of which are as follows
a On the easement of the northeast corner of Stark Road
and Jeffries Service Drive
b. On the southwest corner of Lyndon and Farmington Road
1998-88 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated September 23, 1988, approved
by the Director of Finance and approved for submission by the
Mayor, the Council does hereby authorize the purchase from Morton
Salt Division of Morton Thiokol , Ice Control Department, 110
N. Wacker Drive, Chicago, Illinois 00606, of rock salt for a
price of $19 32 per ton for the period November 1 , 1988 through
September 30, 1989 under the State of Michigan Commodity Contract
L
57l] further, the Council does hereby authorize the said item
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LwithOut oompetitivS bfddiDg inaS0uCh as the 3a0e is based UpVn
thg loN Stat8 Df MiChigan bid prioe, as well aS fUr th8 Ddditi0nal
reasons indicated in the aforesaid communication, and such action
is taken in accordance with provisions set forth in Section
3 04,140D5 of the Livonia Code of Ordinances, as amended.
1999-88 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 28, 1988, which
transmits its resolution 0-166-88, adopted on September 20,
1988, with regard to Petition 88-7-3-3, submitted by the City
Planning Commission, requesting the vacating of a portion of
a 20 foot wide public utility easement located on the south
side of Industrial Road between Levan and Wayne Roads in the
Northeast 1/4 of Section 29, the Council does hereby concur
in the recommendation of the City Planning Commission and does
hereby grant and approve the said Petition 88-7-3-3, and the
Department of Law is hereby requested to prepare the necessary
vacating ordinance in accordance with this resolution.
#1000-80 RESOLVED, that having considered a communication from
the Department of Law, dated September 30, 1988, approved for
submission by the Mayor, with regard to the rental /sale of
property located at 29157 Perth and having also considered a
letter from Mr. and Mrs Gerald R. Cyrul , dated October 12,
1988, in connection with the same, the Council does hereby refer
this item to the Department of Law for its report and
�
recommendation.
11001-88 RESOLVED, that having considered a communication from
the Department of Law, dated September 30, 1988, approved for
submission by the Mayor, with regard to the rental/sale of
property located at 29157 Perth and having also considered a
letter from Mr. and Mrs. Gerald R. Cyrul , dated October 12,
1988, in connection with the same, the Council does hereby refer
this item to the Committee of the Whole for its report and
recommendation.
11002-88 RESOLVED, that having considered a letter from the
Old Rosedale Gardens Homeowners Association, dated October 11 ,
1988, requesting permission to close Cranston between Orangelawn
and W. Chicago on Sunday, October 30, 1988 from 7 /00 P.M. to
4`00 P.M. for the purpose of conducting a Halloween Parade and
Party for the children in the neighborhood, the Council does
hereby grant permission as requested, the action taken herein
being made subject to the approval of the Police Department.
A roll call vote was taken on the foregoing resolutions with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop, McCotter.
� NAYS None
��
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Councilwoman Toy took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 22 OF
THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE
NO. 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE"
BY ADDING SECTION 3 THERETO. (Petition
88-3-1-6)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop.
NAYS: McCotter
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilwoman Toy gave first reading to the following Ordinance.
AN ORDINANCE AMENDING SECTIONS 020,
030, 040, 050, 060, 070, and 080 OF
ihm
` 'CHAPTER l6 (FIRE PREVENTION CODE\ OF
TITLE 15 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 .
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
and unanimously adopted, it was
11003-88 RESOLVED, that having considered a communication
from the City Planning Commission, dated September 28, 1988,
which transmits its resolution 9-102-88, adopted on September
20, 1988, with regard to Petition 88-8-2-34, submitted by
Marriott Corporation requesting waiver use approval to utilize
a Class B Hotel License within a hotel presently under
construction on the east side of Laurel Park Drive, north
L of Si% Mile R0ad in the Southedst l/4 of 3ectioD 7 whiCh
prVpertv is zoned C-4[ I , the Council does hereby concur
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in the recommendation made by the City Planning Commission
� and Petition 88-8-2-34 is hereby approved and granted,
0�-
including the waiving of the 1000' separation requirement
by the City Council .
On a motion by Councilman Ochala, seconded by Councilman Taylor,
and unanimously adopted, it was
#1004-80 RESOLVED, that having considered a communication
from the City Planning Commission, dated September 28, 1988,
which transmits its resolution 9-184-88, adopted on September
20, 1988, with regard to Petition 88-8-2-37, submitted by
Mel BoriO requesting waiver use approval to utilize a portion
of an existing building located on the east side of Middlebelt
Road between Joy Road and Grandon Avenue in the Southwest
1/4 of Section 36, which property is zoned P S , the Council
does hereby concur in the recommendation made by the City
Planning Commission and Petition 88-8-2-37 is hereby approved
and granted
On a motion by Councilwoman Toy, seconded by Councilman Bishop,
Land unanimously adopted, it was
#1005-889 RESOLVED, that having considered a communication
from the City Planning Commission, dated September 28, 1988,
which transmits its resolution 9-165-88, adopted on September
20, 1988, with regard to Petition 88-8-2-38, submitted by
Truman Strong requesting waiver use approval to utilize
a recently constructed building located on the east side
of Middlebelt Road between Grandon Avenue and Joy Road in
the Southwest 1/4 of Section 36, which property is zoned
P S, , the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 88-8-2-38
is hereby approved and granted, such approval to be based
upon the same condition as that set forth in the aforesaid
recommendation of the Planning Commission
On a motion by Councilman Bishop, seconded by Councilman Ochala,
it was
RESOLVED, that having considered a communication
from the City Planning Commission, dated September 28, 1988,
which transmits its resolution 9-108-88, adopted on September
l988, with rggard tV PetitiVn O8-8-2-32, submittgd hv
KOnald 3esvuld n/u RamoU-G8rshenson, rgquesting waiVer usS
L20,
approval to operate a video arcade within the Livonia Mall
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Shopping Center located at the Northwest corner of Seven
Mile and Middlebelt Roads in the Southeast 1/4 of Section
2, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 88-8-2-32
is hereby approved and granted (without condition)
On a motion by Councilman Jurcisin, it was
RESOLVED, that the Council does hereby amend the
foregoing resolution to provide that the approval be based
upon the condition that there will be no more than 50
mechanical amusement devices located on the premises
The motion failed for lack of support
The Vice President relinquished the Chair at 8 14 P M
On a motion by Councilwoman Toy, seconded by Councilwoman McCotter,
it was
RESOLVED, that the Council does hereby amend the
i's foregoing resolution to provide that the approval be based
upon the condition that there will be no more than 35
mechanical amusement devices located on the premises.
A roll call vote was taken on the motion to amend with the following result
AYES Toy, McCotter
NAYS Taylor, Ochala, Jurcisin, Bishop
Acting President Robert R Bishop declared the amending motion denied
A roll call vote was taken on the original resolution with the following result
11006-88 RESOLVED, that having considered a communication
from the City Planning Commission, dated September 28, 1988,
which transmits its resolution 9-168-88, adopted on September
20, 1988, with regard to Petition 88-8-2-32, submitted by
Ronald Sesvold c/o Ramco-Gershenson, requesting waiver use
approval to operate a video arcade within the Livonia Mall
Shopping Center located at the Northwest corner of Seven
Mile and Middlebelt Roads in the Southeast 1/4 of Section
2, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 88-8-2-32
is hereby approved and granted (without condition)
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AYES Taylor, Ochala, Jurcisin, Bishop
NAYS Toy, McCotter
Acting President Robert R Bishop declared the resolution adopted
The Vice President resumed the Chair at 8 16 P M
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
#1007-88 RESOLVED, that the Council hereby determines that
the Annual Budget for the fiscal year as submitted by the
Mayor for the next fiscal year commencing December 1 , 1988,
and ending November 30, 1989, as shown in the Budget document
on Pages I through XXXVI , submitted by the Mayor to the
Council on September 14, 1988, pursuant to Section 3, Chapter
VII of the City Charter, be and hereby is determined and
adopted and appropriations made as provided by the City
Charter, provided, however, for the monthly reports to the
Council , the amounts as shown on Pages 1 through 191 should
be used for comparative reporting purposes, and Council
approval is required for transfers between line items within
one activity that all proceedings on said Budget be and
hereby are approved as being in full conformance with the
City Charter, a public hearing having been held on October
11 , 1988, after proper notice being published in the Livonia
Observer, the official newspaper of the City on October
3, 1988, and provided further, that the City Clerk shall
publish or cause to be published this resolution together
with a summary of said Budget as adopted herein, together
with the minutes of this meeting
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
it was
RESOLVED, that the Council does hereby refer
the Firefighters portion of the General Budget for the fiscal
year commencing December 1 , 1988 to the Committee of the
Whole for its report and recommendation
The Vice President relinquished the Chair at 8 30 P M
On a motion by Councilwoman McCotter, seconded by Councilwoman Toy,
it was
24548
RESOLVED, that the foregoing resolution be amended
to read
RESOLVED, that the Council does hereby refer to
the Committee of the Whole the Firefighters portion of the
General Budget concerning overtime costs and the shutdown
of fire equipment in the Fire Department
A roll call vote was taken on the motion to amend with the following result
AYES Taylor, Jurcisin, Toy, McCotter
NAYS. Ochala, Bishop
Acting President Robert R Bishop declared the amending motion adopted
A roll call vote was taken on the resolution, as amended, as follows
#1008-88 RESOLVED, that the Council does hereby refer to
the Committee of the Whole the Firefighters portion of the
General Budget concerning overtime costs and the shutdown
of fire equipment in the Fire Department
AYES. Taylor, Jurcisin, Toy, McCotter, Bishop
NAYS Ochala
Acting President Robert R Bishop declared the resolution adopted.
The Vice President resumed the Chair at 8 35 P.M
On a motion by Councilman Bishop, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#1009-88 RESOLVED, that pursuant to Section 5, Chapter
VII and Section 1 of Chapter VIII of the Charter of the
City of Livonia, the Council does hereby establish a tax
levy of 5 000 mills, of the State equalized assessed valuation
of all real and personal property subject to taxation in
the City of Livonia for the next fiscal year commencing
December 1 , 1988, and ending November 30, 1989, and in
addition to the above amount which is authorized to be levied
for general purposes by the Charter of the City of Livonia
(a) The Council does hereby establish a tax levy of 1 000
mills, of the State equalized assessed valuation of all
24549
real and personal property subject to taxation in the City
�
of Livonia for the fiscal year set out above, pursuant to
—~—
Section 1 of Chapter VIII of the Charter of the City of
Livonia, for the purpose of providing additional revenues
for police protection and law enforcement personnel ,
equipment, supplies and facilities of the City of Livonia,
in addition to the amount authorized to be levied for general
municipal purposes,
(b) The Council does hereby establish a tax levy of 1 500
mills, of the State equalized assessed valuation of all
real and personal property subject to taxation in the City
Of Livonia for the fiscal year set out above, pursuant to
Section 1 of Chapter VIII of the Charter of the City of
Livonia, for the purpose of providing additional revenues
for fire, police and snow removal personnel , equipment
supplies and facilities of the City of Livonia, in addition
to the amount authorized to be levied for general municipal
purposes;
(c) The Council does hereby establish a tax levy of 1 .000
mills, of the State equalized assessed valuation of all
real and personal property subject to taxation in the City
of Livonia for the fiscal year set out above, pursuant to
Section 1 of Chapter VIII of the Charter of the City of
Livonia, for the purpose of providing additional revenues
for Library services, supplies and facilities in the City
of Livonia, in addition to the amounts authorized to be
levied for general municipal purposes,
/d\ The Council does hereby establish a tax levy of 0018
mills, of the State equalized assessed valuation of all
real and personal property subject to taxation in the City
of Livonia for the fiscal year set out above, pursuant to
the provisions of Act 379 of the Public Acts of 1925, for
the purpose of advertising, exploiting and making known
the industrial and commercial advantages of the City of
Livonia and to establish projects for the purpose of
encouraging immigration to, and increasing the trade, business
and industries of the City of Livonia; in addition to the
amount which is authorized to be levied for general municipal
purposes,
(e) The Council does hereby establish a tax levy of 2. 107
mills, of the State equalized assessed valuation of all
real and personal property subject to taxation in the City
of Livonia for the fiscal year set out above, pursuant to
the provisions of the Public Acts of 1917, for the purpose
of establishing, operating, maintaining and administering
the Municipal Garbage Collection System and/or plant for
the collection and disposal of garbage and refuse in the
� City of Livonia, in addition to the amount authorized to
be levied for general municipal purposes,
24550
(f) The Council does hereby establish a tax levy of 080
mills, of the State equalized assessed valuation of all
real and personal property subject to taxation in the City
of Livonia for the fiscal year set out above for the purpose
of debt retirement on the 1959, 1965 and 1968 Fire Station
Bond Issue, in addition to the amount which is authorized
to be levied for general purposes,
(g) The Council does hereby establish a tax levy of 0075
mills, of the State equalized assessed valuation of all
real and personal property subject to taxation in the City
of Livonia for the fiscal year set out above for the purpose
of debt retirement of the 1965 Public Library Bond Issue,
in addition to the amount which is authorized to be levied
for general municipal purposes,
(h) The Council does hereby establish a tax levy of 1300
mills, of the State equalized assessed valuation of all
real and personal property subject to taxation in the City
of Livonia for the fiscal year set out above for the purpose
of debt retirement on the Park and Recreational Facilities
Bond Issue, Series I and Series II , in addition to the amount
which is authorized to be levied for general municipal
purposes,
(i ) The Council does hereby establish a tax levy of 500
mills, of the State equalized assessed valuation of all
real and personal property subject to taxation in the City
of Livonia for the fiscal year set out above for the purpose
of debt retirement on the 1978 Street Improvement Bonds,
Series I , Series II and Series III , in addition to the amount
which is authorized to be levied for general municipal
purposes,
and provided further, that the Wayne County Bureau of
Taxation, City Assessor, City Treasurer and City Clerk are
hereby authorized and directed to do all things necessary
to the full performance of this resolution, and the City
Clerk is required to immediately transmit copies of this
resolution to each of the above offices
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#1010-88 RESOLVED, that in accordance with the provisions
of Chapter 20 of Act 40 of the Public Acts of 1956, otherwise
known as the Drain Code of 1956, and in order to raise the
sum necessary to pay
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(a) Installment No 30 of the assessment for improving
Livonia Drain No 1 , which installment is due April 1 , 1989,
and to pay the interest on the unpaid balance, which interest
is also due on April 1 , 1989, and
(b) Installment No 28 of the assessment for improving
Livonia Drain No 2, which installment is due April 1 , 1989,
and to pay the interest on the unpaid balance, which interest
is also due on April 1 , 1989, and
(c) Installment No 24 of the assessment for improving
Livonia Drain No 19, which installment is due April 1 ,
1989, and to pay the interest on the unpaid balance, which
interest is also due on April 1 , 1989, and
(d) Installment No 22 of the assessment for improving
Livonia Drain No 22, which installment is due April 1 ,
1989, and to pay the interest on the unpaid balance, which
interest is also due on April 1 , 1989, and
(e) Installment No 21 of the assessment for improving
Farmington Road Storm Relief Drain, which installment is
due April 1 , 1989, and to pay the interest on the unpaid
balance, which interest is also due on April 1 , 1989, and
(f) Installment No 19 of the assessment for improving
Livonia Drain No 11 (Extensions), which installment is
due April 1 , 1989, and to pay the interest on the unpaid
balance, which interest is also due on April 1 , 1989, and
(g) Installment No 18 of the assessment for improving
Livonia Blue Drain Extension and Branches, which installment
is due April 1 , 1989, and to pay the interest on the unpaid
balance, which interest is also due on April 1 , 1989, and
(h) Installment No 13 of the assessment for improving
Livonia Drains No 16 (Extension and Branches, 38 and 41 ,
which installments are due April 1 , 1989, and to pay the
interest on the unpaid balance, which interest is also due
on April 1 , 1989, and
(i ) Installment No 12 of the assessment for improving
Livonia Drain No 27 (Branches) , which installment is due
April 1 , 1989, and to pay the interest on the unpaid balance,
which interest is also due on April 1 , 1989, and
(j) Installment No 10 of the assessment for improving
Livonia Drain No 10 (Extension and Branches) , which
installment is due April 1 , 1989, and to pay the interest
on the unpaid balance, which interest is also due on April
1 , 1989, and
24552
the Council of the City of Livonia does hereby determine
� that there shall be and does hereby establish a tax levy
�~~ Df ,400 mills of the State Equalized Valuation of all real
and personal property subject to taxation in the City of
Livonia for the purpose of providing sufficient revenues
to meet and pay the said installments and interest payments
and, in this connection, the City Council does hereby elect
to have such tax levy spread upon the County tax roll ; and
the Wayne County Bureau of Taxation, Office of the Wayne
County Drain Commission, City Treasurer, City Assessor and
City Clerk are hereby authorized and directed to do all
things necessary or incidental to the full performance of
this resolution, and the City Clerk is hereby requested
to immediately transmit copies of this resolution to each
Of the above offices.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#1011-80 RESOLVED, that in accordance with the authority
provided in Act 342, Public Acts of Michigan, 1939, as
amended, and in order to raise the sum necessary to pay
the 16th installment for sanitary and storm sewer improvements
Lin Rosedale Gardens Subdivision, the Council of the City
Of LiVOOia does hereby determine that there shall be and
does hereby establish a tax levy of 175 mills of the State
Equalized Valuation of all real and personal property subject
to taxation in the City of Livonia for the purpose of
providing sufficient revenues to meet and pay the said
installment and interest payments and, in this connection,
the City Council does hereby elect to have such tax levy
spread upon the County Tax Roll , and the Wayne County Bureau
of Taxation, Office of the Wayne County Road Commission,
City Treasurer, City Assessor and City Clerk are hereby
authorized and directed to do all things necessary or
incidental to the full performance of this resolution, and
the City Clerk is hereby requested to immediately transmit
copies of this resolution to each of the above offices.
On a motion by Councilman Ochala, seconded by Councilman Taylor,
and unanimously adopted, it was
11012-88 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment
District No 313 for a proposed improvement consisting of
two 20 ft. wide full-depth asphalt pavements with concrete
curbs and gutters (Alternate II ) on Antago Boulevard (Seven
L
Mile Road to Vassar) in Section 1 , in the City of Livonia,
24553
10, 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 Monday, October 10, 1988 at 7 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. 313, 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
$129,340.00, 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 ,
ibe
(2) Said Special Assessment Roll No 313 is hereby
approved and confirmed in all respects.
(3) The amount of said roll shall be divided into
fifteen (15) 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,
iftw the City Clerk shall endorse the date of
confirmation on the assessment roll , and the said
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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,
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 does hereby determine to pay $9,744.00
for 168 ft of City property, 15% of the paving
costs ($24,544.23) , and 100% of the drainage costs
($31 ,200 00) for a total amount of $65,488 23.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#1013-88 RESOLVED, that the Council does hereby refer to
the Traffic Commission, for its report and recommendation,
the question of whether or not traffic signs are adequate
in the area of Antago Boulevard between Seven Mile Road
and Vassar in Section 1 .
On a motion by Councilman Bishop, seconded by Councilman Jurcisin,
it was
24555
#1014-88 RESOLVED, that having considered a communication
from the City Planning Commission, dated September 2, 1988,
which sets forth its resolution 8-140-88, adopted on August
16, 1988, with regard to Petition 88-7-1-19, submitted by
S.E.M.M Co. , for a change of zoning on property located
on the north side of Seven Mile Road, east of Shadyside
in the Southwest 1/4 of Section 3, from R-3A and R-7 to
C-1 , and the Council having conducted a public hearing with
regard to this matter on October 12, 1988, pursuant to Council
Resolution 891-88, 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 Jurcisin, Toy, Bishop, McCotter
NAYS Taylor, Ochala
The Vice President declared the resolution adopted
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
iie11015-88 RESOLVED, that having considered a communication
from the City Planning Commission, dated September 2, 1988,
which sets forth its resolution 8-141-88, adopted on August
16, 1988, with regard to Petition 88-7-1-20, submitted by
William L. Roskelly, for a change of zoning on property
located on the east side of Merriman Road between Fargo
and Pembroke in the Northwest 1/4 of Section 2, from RUFA
to R-7, and the Council having conducted a public hearing
with regard to this matter on October 12, 1988, pursuant
to Council Resolution 891-88, the Council does hereby concur
in the recommendation of the Planning Commission and the
said Petition 88-7-1-20 is hereby denied for the same reasons
as those set forth in the action taken by the Planning
Commission.
Communications from the Mayor and City Attorney, dated October 12,
1988 re CR 807-88, Request to purchase city-owned property, 36615 Plymouth Rd.
(Levan Grill property) were received and placed on file for the information
of the Council .
24556
A communication from the City Attorney, dated October 10, 1988 re
iboSale of City-owned property located west of Merriman Road and north of C & 0
Railway to Exhibit Works (CR 697-88) was received and placed on file for the
information of the Council
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
#1016-88 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 Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
#1017-88 RESOLVED, that having considered the report and
recommendation of the Inspection Department, dated October
12, 1988, approved for submission by the Mayor, with regard
to the site plan approved in Council Resolution 773-88 with
regard to Petition 88-6-2-25, submitted by Schostak Brothers
and Company, which granted waiver use approval to relocate
an existing theater complex located within the Wonderland
Mall at the Southwest corner of Plymouth and Middlebelt
Roads in the Northeast 1/4 of Section 35, the Council does
hereby amend and revise the site plan so as to require that
the seven foot protective wall be erected on the southerly
lot line, the pedestrian opening on Doris Street be
eliminated, and the six foot high cyclone fence and any
interfering trees be removed.
On a motion by Councilman Ochala, seconded by Councilman Taylor,
it was
#1018-88 RESOLVED, that the City Engineer having filed
with the City Clerk a statement dated August 22, 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 17, 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
24557
(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 with
concrete curbs and gutters (Alterate II) on Floral ,
Seven Mile to Curtis, and Clarita and Pickford,
Deering to west of Floral in the Northeast 1/4
of Section 12, 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
August 22, 1988,
(4) determine that the estimated cost of such
improvement is $433,750. 58,
(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 $47,782. 58) and 100%
of drainage (or $115,200 00) and that the balance
of said cost and expense of said public improvement
amounting to 85% of paving ($270,768.00)shall
be borne and paid by special assessments on all
lands and premises in the special assessment
district as herein established in proportion to
the benefits to be derived therefrom;
(7) determine that assessments 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 12, T. 1 S , R 9 E. , City of
Livonia, Wayne County, Michigan, described as
containing the property shown on the Special
LAssessment District Plan and Roll
24558
LI (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 lotor
parcel of land such relative portions of the whole
sum to be levied against all lands in the special
assessment district as the special benefits to
such lots or parcels of land bear to the total
benefit of all land 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.
LA roll call vote was taken on the foregoing resolution with the following result.
AYES Taylor, Ochala, Jurcisin, Bishop, McCotter
NAYS: Toy.
The Vice President declared the resolution adopted
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#1019-88 RESOLVED, that having considered a communication
from the City Planning Commission, dated September 2, 1988,
which sets forth its resolution 8-145-88, adopted on August
16, 1988, with regard to Petition 88-2-6-1 , submitted by
the City Planning Commission, to amend Sections 9.02 and
9.03 of the Zoning Ordinance 543 to establish regulations
to control general office uses within the P.S. zoning
district, and the Council having conducted a public hearing
with regard to this matter on October 17, 1988, pursuant
to Council Resolution 937-88, 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
24559
11020-88 RESOLVED, that having considered a communication
from the City Planning Commission, dated October 19, 1988,
which transmits its resolution 10-193-88, adopted on October
18, 1988, with regard to Petition 88-9-3-4, submitted by
the City Planning Commission, requesting the vacating of
a portion of Westmore Avenue, North of Five Mile Road, East
of Farmington Road in the Southwest 1/4 of Section 15, the
Council does hereby concur in the recommendation of the
City Planning Commission and does hereby grant and approve
the said Petition 88-9-3-4; and the Department of Law is
hereby requested to prepare the necessary vacating ordinance
in accordance with this resolution.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
11021-88 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 November 14, 1988, at 7.00 P.M at the City Hall , 33000
Civic Center Drive, Livonia, Michigan, with respect to the
following item*
Petition 88-9-1-24, submitted by Dominic Soave
for a change of zoning of property located on
the west side of Newburgh Road between Seven Mile
Road and Northland Road in the Southeast 1/4 of
Section 6 from P.S. to C-1 , the City Planning
Commission in its resolution 10-187-88 having
recommended to the City Council that Petition
88-9-1-24 be denied,
FURTHER, the City Clerk is hereby requested to, no less
than fifteen (15) days prior to the aforesaid date of said
public hearing, cause to have a statement indicating the
(a) nature of the proposed amendment to the Zoning Ordinance,
and/or (b) location of the proposed change of zoning as
set forth above, first to be published in the official
newspaper of the City or a newspaper of general circulation
in the City of Livonia as well as to, not less than fifteen
(15) days prior to said public hearing, cause to have notice
to be given by registered mail to each public utility company
and to each railroad company owning or operating any public
Iwp
24560
low utility or railroad within the districts or zones affected,
and further, the City Clerk is requested to do all other
things necessary or incidental to the full performance of
this resolution.
On a motion by Councilman Taylor, seconded by Councilman Ochala,
and unanimously adopted, this 1 ,139th Regular Meeting of the Council of the
City of Livonia was adjourned at 8 50 P M , October 19, 1988
'-ile"e-ed—E.%441
Robert F Nash, City Clerk