HomeMy WebLinkAboutCOUNCIL MINUTES 1988-02-10 23918
MINUTES OF THE ONE THOUSAND ONE HUNDRED AND TWENTY SECOND REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On February 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 00 P.M Councilman Taylor delivered the invocation. Roll was
called with the following result. Present Fernon P. Feenstra, Laura Toy, Robert
R. Bishop, Gerald Taylor, Ron Ochala and Dale Jurcisin. Absent. Joan McCotter.
Elected and appointed officials present. Robert F. Nash, City Clerk, Harry
Tatigian, City Attorney, John Nagy, Planning Director, Raul Galindo, City Engineer,
Marilyn Kazmer, Director of Administrative Services, David Preston, Finance Director
and Ron Reinke, Superintendent of Parks and Recreation.
On a motion by Councilman Taylor, seconded by Councilman Bishop, and
unanimously adopted, it was
#96-88 RESOLVED, that the minutes of the 1 ,121st Regular Meeting
of the Council of the City of Livonia, held January 27, 1988
are hereby approved
A communication from the Finance Director, dated January 26, 1988,
forwarding the unaudited financial statements of the City of Livonia for the twelve
months ending November 30, 1987 was received and placed on file for the information
of the Council .
On a motion by Council Taylor, seconded by Councilwoman Toy,
it was
#97-88 RESOLVED, that having considered a letter from Bobby
D. Myers, Trustee National Institute, Livonia Judo Dojo, dated
January 8, 1988, wherein a request is submitted for waiver of
all licenses and fees in connection with the First Regional
Great Lakes open Judo Muscular Dystrophy Benefit to be conducted
on July 23, 1988 at the Eddie Edgar Arena, the Council does
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hereby grant and approve this request in the manner and form
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herein submitted, and all affected City Departments are hereby
requested to do all things necessary or incidental to the full
performance of this resolution
#98-88 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated January 18, 1988,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby authorize
the purchase from Motorola, Inc. , 5700 Executive Drive, Suite
104, Lansing, Michigan 48910 for the following radio equipment
for a total price of $22,732 00
Quantity Item Unit Cost Total Cost
l NLN4570 MT500 Twelve $ 595,00 $ 595 00
Unit Rapid Charger
12 H33BBU3144-N MT500 $1 ,527 00 $18,324 00
Portable 5 Watts
4 Channel Radio
2 T09T99XB Syntor $1 ,906 50 $ 3,813 00
X-Variable 55-100
lb. Watt, 16 Channel ,
Operator Select Scan
TOTAL $22,732.00
FURTHER, the Council does hereby determine to authorize the
said purchase without competitive bidding inasmuch as the same
is based upon the low State of Michigan bid price, as well as
for the additional reasons indicated in the aforesaid
communication, and such action is taken in accordance with the
provisions set forth in Section 3.04 40D5 of the Livonia Code
of Ordinances, as amended.
#99-88 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated January 7, 1988,
which bears the signature of the Finance Director and is approved
for submission by the Mayor, the Council does hereby accept
the bid offer of James Work, 23670 Haynes, Farmington Hills,
Michigan 48024 for the purchase of a 1974 Lincoln, a forfeiture
vehicle, for the sum of $25 00, the same having been in fact
the highest and only offer received with respect to this item,
and upon receipt of the $25 00, the same shall be deposited
in Account 702-000-285-210, Adjudicated Drug Monies, in accordance
with State law
#1001-80 RESOLVED, that having considered a communication from
� the Water and Sewer Board, dated January 27, 1988, approved
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by the Director of Finance and approved for submission by the
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Mayor, which transmits its resolution WS 2786 1/88, the Council
does hereby accept the bid of Case Power and Equipment, 21377
L Telegraph Road, Southfield, Michigan 48034 for supplying the
Public Service Division (Water Maintenance Section) with two
(2) Heavy-Duty Tractor Loaders with Extendible Dipperstick for
a net price of $16,580.00, based on a total price of $62,580.00
less trade-ins of $46,008 00, the same having been in fact the
lowest bid received and meets all specifications.
#101-88 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated January 14, 1988, approved by
the Director of Finance and approved for submission by the Mayor,
the Council does hereby authorize the payment of the sum of
$18,413.88 to B & V Construction, Inc. , 40400 West Road, P.O'
Box 9607, Wixom, Michigan 48096-6870 for contracted assistance
for emergency snow removal provided on December 29 and 30, 1987,
and the Council does hereby authorize the said item without
competitive bidding in accordance with the provisions set forth
in Section 3.04.140 Dl of the Livonia Code of Ordinances, as
amended.
#102-88 RESOLVED, that pursuant to the provisions of Section
5, Chapter VIII of the Charter of the City of Livonia, and based
upon the appointment of the Mayor dated January 15, 1988, the
Council does hereby consent to and confirm the appointment of
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Kay Doman, 32863 Myrna, Livonia, Michigan 48154 to the Board
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of Review for a term of three years commencing February 17,
1988 and expiring February 16, 1991 , provided she takes the
oath of office as required in Chapter X, Section 2, of the City
Charter to be administered by the City Clerk
#103-88 RESOLVED, that having considered a communication from
the City Assessor, dated January 14, 1988, which bears the
signature of the Finance Director and is approved for submission
by the Mayor, and in accordance with Chapter VIII , Section 6
of the Charter of the City of Livonia , the Council does hereby
determine to approve the following dates for the Board of Review
to conduct public hearings in 1988
FIRST SESSION
Tuesday March 8, 1988 9^00 a m - 12 30 p.m 1 30 p m - 4 30 p m.
Wednesday March 9, 1988 9 30 a m - 12 30 p m 1 30 p.m - 4 30 p m.
Friday March 11 , 1988 9 30 a m - 12 30 p m 1 30 p m. - 4 30 p m.
Saturday March 12, 1988 9 30 a.m - 2 00 p.m
SECOND SESSION
Monday March 14, 1988 2 00 p m - 8 00 p m.
Tuesday March 15, 1988 9 30 a m - 12 30 p m. 1 30 p m - 4 30 p m
��' Wednesday March 16, 1988 9^ 30 a m - 12 30 p m 1 30 p.m - 4 30 p m
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LFriday March 18, 1988 9. 30 a m - 12 30 p m 1 30 p.m. - 4.30 p.m
Saturday March 19, l988 9.3D a.m - 2OO p m
Monday March 21 , 1988 2 00 p.m - 8 00 p.m.
Tuesday March 22, 1988 9 30 a m - 12.30 p m, 1 ^30 p m - 4^30 p.m.
Wednesday March 23, 1988 9 30 a m. - 12 30 p m. 1 '30 p.m - 4:30 p.m.
Friday March 25, 1988 9^30 a m - 12 30 p m 1 ^30 p.m. - 4 30 p.m
Saturday March 26, 1988 9 30 a m. - 2'00 p.m.
Monday March 28, 1988 2 00 p.m. - 8 00 p.m
Tuesday March 29, 1988 9' 30 a m - 12 30 p m 1 30 p.m - 4 30 p.m
Wednesday March 30, 1988 9 30 a.m - 12'30 p.m 1 30 p m - 4 30 p.m.
Friday April 1 , 1988 9 30 a m - 12 30 p m 1 30 p m - 4 30 p.m.
Saturday April 2, 1988 9 30 a m - 2`00 p m.
Monday April 4, 1988 9^ 30 a m - 12 30 p m 2:00 p m - 8'00 p.m
in the Board of Review Conference Room of the Assessor' s Office
in the City Hall , 33000 Civic Center Drive, Livonia, Michigan,
and such additional meetings as may be necessary for the purpose
of reviewing the assessment roll for the year 1988 and hearing
of taxpayers deeming themselves aggrieved by the said assessments.
Further, the Council does hereby determine that the daily rate
of compensation to be paid to the members of the Board of Review
shall be $12 50 per hour and/or $120.00 maximum for the
L ChairpersOn and $100.00 for other members
Pursuant to Public Act No 165, Public Acts of 1971 , we hereby
give notice that the following tentative ratios and multipliers
supplied by Wayne County will be used to determine the State
Equalized Value /3.[.V, \ for the year 1988. Revised January
25, 1988. )
CLASS RATIO S E V. FACTOR (MULTIPLIER)*
Residential 44. 57 1 1219
Agricultural 50 00 1 0000
Commercial 47,61 1 ,0502
Industrial 48 05 1 .0406
Personal 50.00 1 000
*Wayne County Factor Under Protest
A communication from Director of Finance, dated February 5, 1988, re Soft
lb. Body Armor was received and placed on file for the information of the Council .
23922
#104-88 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated January 20,
1988, approved for submission by the Finance Director and the
Mayor and which transmits Parks and Recreation Commission
resolution 1941-87 wherein a request is submitted for an advance
for the Ice Show to be conducted on March 25, 26 and 27, 1988,
the Council does hereby appropriate and authorize as an advance
from the Unexpended Fund Balance Account the sum of $11 ,000.00
to be used in connection with the aforesaid ice show, the same
to be repaid from the proceeds of ticket sales with respect
to this event.
#105-88 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated January 20,
1988, approved for submission by the Finance Director and the
Mayor and which transmits Parks and Recreation Commission
resolution 1942-87 wherein the Commission did recommend an
increase in Ice Show admission fees as follows
Current Proposed Increase
Children $1 .50 2 00 $0.50
Seniors $2.00 $2 50 $0 50
Adults $3.00 $3 50 $0.50
160 the Council does hereby concur in and approve of such action
#106-88 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
January 19, 1988, approved by the City Attorney and the Finance
Director and approved for submission by the Mayor, and which
indicates that Alternative Community Transportation went out
of business in October, 1987 and that the City' s contract with
the said firm has been terminated, the Council does hereby
authorize the Mayor and City Clerk to formally terminate its
contract with ACT, as well as to execute for and on behalf of
the City of Livonia the attached contract with Northwest Transport
Company and to execute a contract with SEMTA for support of
said contract to provide transportation services for senior
citizens and ambulatory handicapped persons for the period July
1 , 1987 through June 30, 1988, subject to the approval as to
form by the Department of Law, and the Council does hereby
authorize the said item without competitive bidding in accordance
with provisions set forth in Section 3.04 140D5 of the Livonia
Code of Ordinances, as amended
#107-88 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 19, 1988,
approved for submission by the Mayor, the Council does hereby
authorize the release to Harold Blumenstein, Paragon Properties,
29200 Southfield, Suite 215, Southfield, Michigan 48076, the
proprietor of Paragon Technology Park Subdivision located in
the Northeast 1/4 of Section 27, the financial assurances
23923
ILm previously deposited with respect to the General Improvements
in the amount of $406,500.00, of which $10,000 00 was to be
in cash, and Survey Monument Bond requirements in the amount
of $845 00 cash, pursuant to Council Resolution 266-87, adopted
on March 25, 1987, and all other financial assurances now on
deposit with the City, if any, shall remain the same and
unchanged, and the action herein being taken is for the reasons
indicated 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.
#108-88 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 25, 1988,
approved for submission by the Mayor, the Council does hereby
amend Item No. 7 of Council Resolution 997-87, adopted on October
12, 1987, so as to reduce the financial assurances now on deposit
with the City for general improvements to $17,000 00, of which
$2,500.00 shall be in cash (Sidewalk Improvement Bond requirement
to remain unchanged at this time) , for the Pine Creek Subdivision,
located in the Southwest 1/4 of Section 9, and the financial
assurances now on deposit with the City, if any, shall be reduced
accordingly; further, the Council does hereby authorize the
release to Rest-In-The Son, Inc , 35189 Vargo, Livonia, Michigan
L48152, the proprietor of the Pine Creek Subdivision of the
financial assurances previously deposited with respect to
monuments and markers in the amount of $790 00, and the action
herein being taken is for the reasons indicated 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.
1109-88 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 25, 1988,
approved for submission by the Mayor, the Council does hereby
amend Item No. 7 of Council Resolution 942-87, adopted on
September 30, 1987, so as to reduce the financial assurances
now on deposit with the City for General Improvements in Willow
Woods Subdivision located in the Southwest 1/4 of Section 5
to $314,000.00 of which at least $10,000 00 shall be in cash,
and the financial assurances now on deposit with the City, if
any, shall be reduced accordingly, further, all other assurances
on deposit with the City shall remain the same and unchanged.
1110-88 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Housing,
dated January 12, 1988, which bears the signature of the Finance
Director and is approved for submission by the Mayor, the Council
does hereby authorize the firm of Stanson Wrecking Company,
6855 Haggerty Road, Belleville, Michigan 48111 , to raze and
demolish the existing homes located at 9811 and 9817 Newburgh
23Q24
Road (City owned property) for a price of $6,784 00, the same
to be appropriated and authorized to be expended from the $7 9
Million General Obligation Road Improvement Bond Issue for this
purpose, further, the Council does hereby authorize the said
item without competitive bidding in accordance with the provisions
set forth in Section 3 O4.140D5 of the Livonia Code of Ordinances,
as amended
#111-88 RESOLVED, that Vargo and Associates, 35166 Vargo, Livonia,
Michigan 48152, as proprietors, having requested the City Council
to approve the proposed preliminary plat of the following
subdivision Heart Subdivision located on the West side of
Alois Avenue, South of Plymouth Road in Section 30, the said
proposed preliminary plat being dated February 4, 1986, and
it further appearing that tentative approval of such preliminary
plat was given by the City Planning Commission, after due notice
and a public hearing on September 23, 1986, and it further
appearing that such preliminary plat, together with development
plans and specifications for improvements therein have been
examined and approved by the Engineering Department as is set
forth in the report of that department dated January 11 , 1988,
therefore, the City Council does hereby approve of the said
preliminary plat on the following conditions
(1 ) All of the improvements, utilities and grading shall be
IL. constructed, installed and accomplished in conformity with the
provisions of the ordinances of the City of Livonia, including
the Subdivision Control Ordinance, being Title 16, Chapters
16 04 through 16 24 of the Livonia Code of Ordinances, as amended,
the Subdivision Regulations of the Planning Commission, the
regulations and specifications of the Engineering Department
and the Development Plans submitted by the proprietor and approved
by such department, all such improvements to be constructed,
installed, accomplished and completed within a period of two
(2) years from the effective date of this resolution, failing
this, the approval contained herein shall be considered null ,
void and of no effect whatsoever,
(2) That all inspection fees and other charges due to the City
of Livonia shall be fully paid at the time and in the manner
provided in the said Subdivision Control Ordinance, as amended,
(3) That the installation of all such improvements shall be
subject at all times to the supervision and inspection and final
approval of the Engineering Department, and such improvements
shall not be considered as having been satisfactorily and
completely installed until there is filed with the City Council
the certificate as provided in Section 16 24 370 of the said
Subdivision Control Ordinance, as amended,
(4) That the proprietor enter into an agreement with the City
of Livonia agreeing to construct, within the prescribed period
of time and in the prescribed manner, all improvements required
to the extent required by the City of Livonia and as shown on
the approved development plans,
23925
the (5) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive the final approval of the
City Planning Commission as evidence that such plat is in
compliance with existing Subdivision Regulations,
(6) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City
Council within two (2) years from the effective date of this
resolution, the City Council shall approve final plats of the
aforesaid proposed subdivision if drawn in substantial conformity
with the proposed plat as approved herein, and provided there
has been compliance with all other requirements of State Statute,
the Subdivision Control Act, the Subdivision Control Ordinance
and this resolution,
(7) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements the
proprietor may file with the City of Livonia a corporate surety
bond, certified check, cash bond, irrevocable letter of credit,
or other financial assurance in such form as may be approved
by the Department of Law guaranteeing the satisfactory
installation of all such improvements, utilities and grading
by the proprietor within the prescribed period, that in the
event the proprietor elects to deposit such financial assurances
the same shall be in the following amounts
A General Improvement Bond $28,000 00 of which at least
$3,000 00 shall be in cash
B. Sidewalk Bond $10,900 00, of which at least
$ 1 ,000 00 shall be in cash
C Grading and Soil Erosion $2,000 00 (all cash)
Control Bond
D Monuments and Lot Markers $ 280 00 (all cash)
and require cash payments in the total amount of $2,648 00
In addition, distribution lines for telephone and electrical
services are to be placed underground, however, the requirement
for ornamental street lights shall be waived for the reasons
indicated in the letter from the City Engineer
1112-88 RESOLVED, that having considered a communication from
the City Engineer (in his capacity as Street Administrator)
dated January 18, 1988, which bears the signature of the Finance
Director, approved for submission by the Mayor and submitted
pursuant to Section 13(6)b Act 51 of the Public Acts of Michigan
of 1951 , as amended (M S A 9 1097 (13) with regard to the
transfer of funds for the fiscal year of 1987-88 from the Major
160 Street System Account to the Local Street System Account, the
Council does hereby authorize the transfer of a sum up to, but
not to exceed $751 ,000 00 from those funds designated for use
23926
on the major street system to be used on the local street system,
and the City Clerk and Finance Director are hereby authorized
to do all things necessary or incidental to fulfill the purpose
of this resolution.
1113-88 RESOLVED, that having considered a communication from
the City Engineer (in his capacity as Street Administrator),
dated January 7, 194 , which is approved for submission by the
Mayor, and submitted pursuant to Section 13(6)a of Act 51 , of
the Public Acts of Michigan of 1951 , as amended (M.S.A. 9. 1097
(13) with regard to the transfer of funds for the fiscal year
1987-88 from the Major Street System Account to the Local Street
System Account, the Council does hereby authorize the transfer
of a sum up to, but not to exceed 25% of the amount designated
for Major Street System to be used on the Local Street System,
and the City Clerk and Finance Director are hereby authorized
to do all things necessary or incidental to fulfill the purpose
of this resolution
#114-88 RESOLVED, that having considered a communication from
the Department of Law, dated January 13, 1988, approved by the
City Engineer and the Finance Director, and approved for
submission by the Mayor, the Council does hereby authorize the
Department of Law to acquire Newburgh Road right-of-way located
in Section 31 , owned by Ronald Gordon and Donna Gordon, his
wife, more particularly described as follows.
Parcel 1
That part of the S.E 1/4 of Section 31 , T. 1 S. , R. 9 E. , City
of Livonia, Wayne County, Michigan, described as beginning at
a point distant North along the East line of said Section 31 ,
851 .5 feet from the S E corner of Section 31 ; thence West 60
feet, thence North 16 5 feet, thence East 60 feet to the East
line of said Section 31 , thence South along said East line 16. 5
feet to the point of beginning. (Newburgh Road right-of-way)
and
Parcel 2
That part of the S E 1/4 of Section 31 , T. 1 S , R. 9 E. , City
of Livonia, Wayne County, Michigan, described as beginning at
a point distant North along the East line of said Section 31 ,
712.8 feet from the S.E corner of Section 31 , proceeding thence
West, 60 feet, thence North, 138 7 feet, thence East, 60 feet
to the East line of said Section 31 , thence South along said
East line, 138.7 feet to the point of beginning. (Newburgh
Road right-of-way)
subject to the following conditions
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(1 ) the purchase price shall be in the sum of $2500 00,
Imo (2) the City of Livonia will pay for the cost of title
work in a sum not to exceed $160 00;
(3) the City' s portion of the prorated City, County, County
Drain, School and Community College Tax shall be in
a sum not to exceed $200 00.
BE IT FURTHER RESOLVED, that a sum not to exceed $2850.00 is
hereby authorized to be expended from the 7 9 Million Dollar
General Obligation Road Improvement Bond Issue for the acquisition
of the said right-of-way, and the City Clerk is hereby requested
to do all things necessary or incidental to the full performance
Of this resolution.
#115-80 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
126. 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 Wednesday, March
16, 1988 at 8'0O P.M at the City Hall , 33000 Civic Center
Drive, Livonia, Michigan, with respect to the following items
�=~ 1 Petition 87-72-1-39, submitted by Alan C Helmkamp for
a change of zoning of property located on the Southwest
corner of Eight Mile Road and Meadowview Lane in the
Northwest 1/4 of Section 6 from RUFC to to P S , the
City Planning Commission in its Resolution 1-7-88 having
recommended to the City Council that Petition 87-12-1-39
be denied, and
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (16) 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
#116-80 RESOLVED, that having considered a communication dated
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January 26, 1988 from Alan C Helmkamp, which in accordance
~~~ with the provisions of Section 19 08 of Ordinance 543, as amended,
23928
the Zoning Ordinance, takes an appeal from a determination made
on January 26, 1988 by the City Planning Commission in its
resolution 1-10-88 with regard to Petition 87-11-2-54 submitted
by McDonald' s Corporation requesting waiver use approval to
construct a restaurant on property located on the north side
of Plymouth Road between Farmington and Mayfield in the Southwest
1/4 of Section 27, the Council does hereby designate Wednesday,
March 16, 1988 at 8 00 P M as the date and time for conducting
a public hearing with regard to this matter, such hearing to
be held at the City Hall , 33000 Civic Center Drive, Livonia,
Michigan, and the City Clerk is hereby requested to do all things
necessary in order to give proper notice in writing, as well
as by the publication of a notice in the City' s official newspaper
of such hearing and the date and place thereof, in compliance
with the requirements set forth in Ordinance 543, as amended,
the Zoning Ordinance of the City of Livonia
#117-88 RESOLVED, that having considered a communication dated
January 21 , 1988 from Dennis R Loy, A I A , which in accordance
with the provisions of Section 19 08 of Ordinance 543, as amended,
the Zoning Ordinance, takes an appeal from a determination made
on January 12, 1988 by the City Planning Commission in its
resolution 1-3-88, with regard to Petition 87-12-8-35 submitted
by Loy Associates requesting approval of all plans required
by Section 18 58 of Zoning Ordinance 543 in connection with
a proposal to replace an existing self-serve gas station located
on the southwest corner of Eight Mile and Merriman Roads in
the Northeast 1/4 of Section 3, with a new convenience store/gas
station facility, the Council does hereby designate Wednesday,
March 16, 1988 at 8 00 P M as the date and time for conducting
a public hearing with regard to this matter, such hearing to
be held at the City Hall , 33000 Civic Center Drive, Livonia,
Michigan, and the City Clerk is hereby requested to do all things
necessary in order to give proper notice in writing, as well
as by the publication of a notice in the City' s official newspaper
of such hearing and the date and place thereof, in compliance
with the requirements set forth in Ordinance 543, as amended,
the Zoning Ordinance of the City of Livonia
1118-88 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 Wednesday, March
16, 1988, at 8 00 P M at the City Hall , 33000 Civic Center
Drive, Livonia, Michigan, with respect to the following items
1 Petition 87-12-1-41 , submitted by U S Homes for a change
of zoning of property located on the west side of Merriman
Road between Eight Mile Road and Norfolk Avenue in the
23929
Northeast 1/4 of Section 3, from RUFA to R-7, the City
L
PlanniOg CommiSsiDn in its resolution 1-9-88 haViDg
recommended to the City Council that Petition 87-12-1-41
be approved as amended by the petitioner to request
a rezoning from RUFA to R-2,
2 Petition 87-12-1-40, submitted by David R Olah for
O change of zoning of property located on the west side
of 8twburgh Road between Ann Arbor Trail and Joy Road
in the Southeast 1/4 of Section 31 from RUF to R-7,
the City Planning Commission in its resolution 1-8-88
having recommended to the City Council that Petition
87-12-1-40 be denied,
FURTHER, the City Clerk is hereby requested to, no less than
fifteen (15) days prior to the aforesaid date of said public
hearing, cause to have a statement indicating the (a) nature
of the proposed amendments to the Zoning Ordinance, and/or (b)
location of the proposed changes of zoning as set forth 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
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requested to do all other things necessary or incidental to
the full performance of this resolution.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Taylor, Ochala, Jurcisin, Toy, Bishop, Feenstra
NAYS
On a motion by Councilman Bishop, seconded by Councilman Taylor,
and unanimously adopted, it was
1119-88 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February
3, 1988 and submitted pursuant to Council Resolution 1070-87
in connection with certain proposals which have been solicited
for the preparation of a City-wide traffic study, the Council
does hereby select the firm of Goodell-Grivas, Inc. , 17328 W
Eight Mile Road, Southfield, Michigan 48075, to prepare the
said traffic study for a sum not to exceed $34,790 00, and the
Council does hereby request the Mayor and Finance Director to
submit their respective reports and recommendations with regard
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to the appropriation required to implement the action taken
~~~
herein, and the Council does hereby authorize the said item
without competitive bidding in accordance with provisions set
forth in Section 3 04.140D2 of the Livonia Code of Ordinances,
as amended
23930
Councilman Taylor took from the table and gave second reading to the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 7 AND 8
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
87-9-1-35)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES: Taylor, Ochala, Jurcisin, Toy, Bishop, Feenstra.
NAYS' None
The President declared the Ordinance duly adopted, and would become effective on
publication
Councilman Ochala gave first reading to the following Ordinance.
AN ORDINANCE AMENDING SECTION 1 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO.
543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTION 3 THERETO. (Petition 87-9-1-33)
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 Councilwoman Toy,
it was
#120-88 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January
13, 1988 and submitted pursuant to Council Resolution 1071-87
in connection with a communication from the City Planning
Commission dated October 28, 1987, which transmits its Resolution
10-255-87 adopted on October 27, 1987, with regard to Petition
87-10-8-32, submitted by Plymouth Woods Apartment Company,
requesting site plan approval in connection with a proposal
23931
lim to construct apartments on the south side of Plymouth Road between
Alois and Haggerty in Section 30, pursuant to the provisions
set forth in Section 27 01 of Ordinance No 543, as amended,
the Council does hereby concur in the recommendation of the
Planning Commission and Petition 87-10-8-32 is hereby approved
and granted, such approval to be based upon the same conditions
set forth in the aforesaid recommendation of the Planning
Commission, as well as being conditioned upon compliance with
a revised site plan dated February 1 , 1988
A roll call vote was taken on the foregoing resolution with the following result
AYES: Taylor, Ochala, Jurcisin, Toy, Feenstra
NAYS Bishop.
The President declared the resolution adopted.
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
1121-88 RESOLVED, that having considered the report and
recommendation of the Director of Building Inspection, dated
January 13, 1988, approved for submission by the Mayor, regarding
the installation of entrance markers within public rights-of-way
at 36256 Ladywood and 36248 Roycroft in the Fairway Farms
Subdivision, the Council does hereby authorize the Mayor and
City Clerk to execute an agreement, for and on behalf of the
City of Livonia, with the Fairway Farms Homeowners Association,
which agreement shall be prepared by the Department of Law,
pursuant to which the City authorizes the Fairway Farms Homeowners
Association to use necessary portions of the aforesaid
right-of-way in order to install , preserve and maintain the
said entrance markers, as well as any subsequent entrance markers
that may be installed in the said subdivision, subject to the
approval of the Inspection Department and inclusion of a hold
harmless provision in the agreement authorized herein.
On a motion by Councilman Ochala, seconded by Councilman Jurcisin,
it was
1122-88 RESOLVED, that having considered a communication from
the City Assessor, dated January 18, 1988, and approved for
submission by the Mayor, with regard to a request from Mr. Glen
G Vance, submitted by his representative, Ray Hurley, 6199
Raintree, Canton, Michigan 48187, 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 Division of
23932
IN Tax Item No. 46 010 01 0083 000 into four parcels, the legal
descriptions of which shall read as follows:
PARCEL A:
A parcel of land being part of Lot 83 , Folker's Farmington Acres ,
being a subdivision of part of the N.W. 1/4 of Section 3, T. 1 S. ,
R. 9 E. , City of Livonia , Wayne County , Michigan. Rec' d L. 61 ,
P. 90 Plats , W.CVR. more particularly described as : Beginning at
the N.W. corner of Lot 83 , Folker ' s Farmington Acres Subdivision,
thence N. 89° 59' E. , 147 . 60 feet to a point on the South line of
Norfolk Ave. , 50 feet wide ; thence S. 0 04 ' 30" E. 100.0 feet to
a point on the South line of said lot ; thence S. 89° 59 ' W. 147 .60
feet to a point on the East line of Mayfield Road, 60 feet wide;
thence N. 0° 04 ' 30" W. 100.0 feet to the point of beginning.
Subject to easements of record, if any. Containing 0. 39 acres,
more or less.
PARCEL B: 1
L A parcel of land being part of Lot 83 , Folker' s Farmington Acres ,
being a subdivision of part of the N.W. 1/4 of Section 3 , T. 1 S. ,
R. 9 E. , City of Livonia , Wayne County, Michigan. Rec ' d L. 61 ,
P. 90 Plats , W.C.R. more particularly described as : Beginning at
a point N. 89° 59' E. 147 . 60 feet from the N.W. corner of Lot 83,
Folker' s Farmington Acres Subdivision ; thence continuing N. 89°
59' E. 96.00 feet ; thence S. 0° 04 ' 30" E. 100.0 feet to the South
line of Lot 83; thence S. 89° 59 ' W. along the South line of said
lot 96.0 feet to a point ; thence N. 0° 04 30" W. 100. 0 feet to
the point of beginning. Subject to easements of record, if any.
Containing 0. 22 acres , more or less .
PARCEL C:
A parcel of land being part of Lot 83 , Folker' s Farmington Acres ,
being a subdivision of part of the N.W. 1/4 of Section 3, T. 1 S. ,
R. 9 E. , City of Livonia , Wayne County, Michigan. Recd L. 61 ,
P. 90 Plats, W.C. R. more particularly described as : Beginning at
a point N. 89° 50 ' E. 243. 60 feet from the N.W. corner of Lot 83,
Folker' s Farmington Acres Subdivision; thence continuing N. 89°
59' E. 96.0 feet; thence S. 0° 04 ' 30" E. 100 feet to the South
line of said Lot 83 ; thence S. 89° 50' W. along the South line of
said lot 96. 0 feet to a point ; thence N. 0° 04 30" W. 100 feet
to the point of beginning. Subject to easements of record, if any.
im Containing 0.22 acres , more or less .
23933
PARCEL D:
A parcel of land being part of Lot 83 , Folker' s Farmington Acres ,
being a subdivision of part .of the N.W. 1/4 of Section 3, T. 1 S. ,
R. 9 E. , City of Livonia, Wayne County, Michigan. Rec'd L. 61 ,
P. 90 Plats , W.C.R. more particularly described as : Beginning at
a point N. 89' 59 ' E. 339.60 feet from the N.W. corner of Lot 83 ,
Folker's Farmington Acres Subdivision; thence continuing N. 89° 59'
E. 96.0 feet to the N.E. corner of said Lot 83, thence S. 0° 04 '
30" E. 100 feet to the S.E. corner of. said Lot 83 , thence S. 89°
59' W. along the South line of said Lot 96 feet to a point ; thence
N. 0' 04 ' 30" W. 100.0 feet to the point of beginning. Subject
to easements of record, if any. Containing 0. 22 acres , more or
less.
as shown on the map attached to the aforesaid communication
which is made a part hereof by reference, and the City Clerk
is hereby requested to cause a certified copy of this resolution
to be recorded in the Office of the Wayne County Register of
Deeds; 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.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Taylor, Ochala, Jurcisin, Toy.
NAYS: Bishop, Feenstra.
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#123-88 RESOLVED, that having considered a communication from
the City Assessor, dated January 18, 1988, and approved for
submission by the Mayor, with regard to a request from Mr. George
Stowell , 17370 Beck, Northville, Michigan 48167, 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 Division and
Combination of Tax Item Nos. 46 130 01 0045 003 and 46 130 01
0046 001 into three parcels, the legal descriptions of which
shall read as follows•
PARCEL 1
The westerly 230.00 feet of Lot 45 and southerly 4.00 feet of
the westerly 230.00 feet of Lot 46, except the westerly 25.00
feet thereof Supervisor's Livonia Plat #1 of the East 1/2 of
the N.W. 1/4 of SEC 33 T1S, R9E, Livonia Twp (now City of
Livonia), Wayne Co. , Mich. , as recorded in Liber 65 of Plats
23934
on Page 52, Wayne County Records, containing 0 3294 acres subject
L t0 all easemeOt6 and reStrictions Vf record,
PARCEL 2
The northerly 62,00 feet of the westerly 230 00 feet of Lot
46 and the Southerly 8 00 feet of the westerly 230,00 feet of
Lot 47, except the westerly 25.00 feet thereof Supervisor' s
Plat #1 of the East 1/2 of the N.W. 1/4 of Section 33 T1S, R9E,
Livonia Twp. (now City of Livonia) , Wayne Co. , Mich as recorded
in Liber 65 of Plats on Page 52, Wayne County Records, containing
0.3294 acres subject to all easements and restrictions of record.
PARCEL 3
The northerly 58 00 feet of the westerly 230 00 feet of Lot
47 and the southerly 15 00 feet of Lot 47 and the southerly
15.00 feet of the westerly 230 00 feet of Lot 48, except the
westerly 25.00 feet thereof Supervisor' s Plat #1 of the east
1/2 of the N,W 1/4 of SEC 33 T1S, R9E, Livonia Twp , (now City
of Livonia), Wayne Co. , Mich. , as recorded in Liber 65 of Plats
on Page 52, Wayne County Records, containing 0 3435 acres subject
to all easements and restrictions of record.
sh0wn nn the map attached to the aforesaid CommVnicati0n
which iE madg a p8rt hereof by reference; and the Citv Clerk
Las
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
On a motion by Councilman Bishop, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#124-88 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission dated December 18, 1987,
and the report and recommendation of the Chief of Police dated
January 13, 1988 in connection therewith, the Council does hereby
approve of the request of Vito DePalma, stockholder in DePalma,
Inc. for transfer of ownership of a 1987 Class C Licensed Business
with Dance-Entertainment Permit from Tiano & Company, for a
business located at 31735 Plymouth Road, Livonia , Michigan 48150,
Wayne County, and the City Clerk is hereby requested to forward
a certified copy of this resolution to the Michigan Liquor Control
Commission
On a motion by Councilman Taylor, seconded by Councilman Ochala,
it was
23935
L
1125-80 RESOLVED, that having cnnsidered a letter fro0 the
Michigan Liquor Control Commission da1ed Dgcember �, l9�7, �nd
the report and recommendation of the Chief of Police dated January
12, 1988 in connection therewith, the Council does hereby approve
of the request from Brock Hotel Corporation for transfer of
ownership of a 1987 B-Hotel Licensed Business with Dance Permit,
Official Permit (Food), two bars and 226 rooms, located at 17123
Laurel Park, Livonia, Michigan 48152, Wayne County, from the
Northwestern Mutual Life Insurance Company, 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: Taylor, Ochala, Jurcisin, Toy, Bishop.
NAYS: FeeOstra,
The President declared the resolution adopted
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
Lit was
#126-80 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission dated November 12, 1987,
and the report and recommendation of the Chief of Police dated
January 13, 1988 in connection therewith, the Council does hereby
approve of the request from Juanita A Arnold for transfer of
ownership of a 1987 SDM Licensed Business from Khalil A. Mansur
for a business located at 29211 Five Mile Road, Livonia, Michigan
48154, Wayne County, and the City Clerk is hereby requested
to forward a certified copy of this resolution to the Michigan
Liquor Control Commission
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop
NAYS. Feenstra
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
23936
L11271127-88 RESOLVED, that having considered a letter from the
-88
�iCh' �n Liqu�r COntr0l Cnnxni���Dn d�t8d D�C8mber 29, �08�,
and the report and recommendation of the Chief of Police dated
January 25, 1988 in connection therewith, the Council does hereby
approve of the request from Myron H. Beals, American Legion
Post 32, for transfer of location (new building - same address)
of a 1987 Club Licensed Business with Dance Permit, which business
is located at 9318 Newburgh Road, Livonia, Michigan 48150, Wayne
County, and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission.
On a motion by Councilman Ochala, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#120-80 RESOLVED, that having considered a communication from
the City Planning Commission dated January 14, 1988, which
transmits its resolution 1-5-88, adopted on January 12, 1988
with regard to a Sign Permit Application submitted by Jonna
Construction Company on behalf of Horizon Health for a monument
sign on property located at 19900 Haggerty, the Council does
hereby concur in the recommendation of the Planning Commission
Land approve the said Sign Permit Application, subject to
compliancg with thS same c0ndition set forth in the afVrgsaid
action of the Planning Commission
On a motion by Councilman Bishop, seconded by Councilwoman Toy,
and unanimously adopted, it was
#129-88 RESOLVED, that having considered a communication from
the City Planning Commission dated January 18, 1908, which
transmits its resolution 1-6-88, adopted on January 12, 1988
with regard to the Sign Permit Application submitted by Marriott
Corporation for two ground signs and two wall signs to be located
at 17200 N Laurel Park Drive, the Council does hereby concur
in part of the recommendation of the Planning Commission and
approve the two wall signs and one ground sign (entrance) but
reject and deny the internal monument sign , the approval herein
being made subject to compliance with the same conditions set
forth in the aforesaid action of the Planning Commission
On a motion by Councilman Taylor, seconded by Councilman Ochala,
and unanimously adopted, it was
L #13K-80 WHEREAS, the City Council intends to authorize the
issuance and sale of Michigan Transportation Fund Bonds ("MTF
23937
Bonds") pursuant to Act No 175, Public Acts of Michigan, 1952,
� as amended, in an amount not to exceed Two Million Five Hundred
Thousands Dollars ($2,500,000) , for the purpose of defraying
part of the cost of constructing street improvements within
the City, and
WHEREAS, the City Council also intends to authorize
the issuance and sale of Wastewater System Revenue Bonds pursuant
to Act No 94, Public Acts of Michigan, 1933, as amended, in
the principal amount of not to exceed Ten Million Dollars
($10,000,000), for the purpose of paying all or part of the
cost of acquiring and constructing additions, extensions and
improvements to the Wastewater System of the City, and
WHEREAS, the City Council also intends to authorize
the issuance and sale of Special Assessment Limited Tax Bonds
pursuant to Act No 279, Public Acts of Michigan, 1909, as
amended, in an amount not to exceed Three Million Six Hundred
Thousand Dollars ($3,600,000) , for the purpose of defraying
various Special Assessment Districts share of the cost of
constructing certain public improvements, including street
improvements and related improvements within the City, and
WHEREAS, prior to issuance of bonds the City must
either receive prior approval of the bonds from the Department
of Treasury (the "Department") of the State of Michigan (the
L "State") or be exempt from prior approval , as provided in Chapter
III , Section 11 of Act No. 202, Public Acts of Michigan, 1943,
as amended and, in the case of the MTF Bonds only, as further
provided in Section 1 of Act No. 175, Public Acts of Michigan,
1952, as amended, and
WHEREAS, in order to be exempt from prior approval ,
the City must notify the Department of the State of the City's
intent to issue the bonds.
NOW, THEREFORE, BE IT RESOLVED THAT:
1 . The Director of Finance or the City Clerk of the City
are authorized to notify the Department of the City' s intent
to issue each series of bonds described in the preamble to this
resolution, to pay the related fee and to request an order
providing an exception for each series of bonds from prior
approval or, in the alternative if an exception is not available,
to request prior approval by the Department
2 All resolutions and parts of resolutions insofar as
they conflict with the provisions of this resolution be and
the same hereby are rescinded
On a motion by Councilman Taylor, seconded by Councilman Ochala,
and unanimously adopted, it was
23938
/131-88 WHEREAS, the City Council intends to authorize the
issuance and sale of Special Assessment Limited Tax Bonds,
pursuant to Act No. 279, Public Acts of Michigan, 1909, as
amended, in the principal amount of not to exceed Three Million
Six Hundred Thousand Dollars ($3,600,000), for the purpose of
defraying various Special Assessment Districts share of the
cost of constructing certain public improvements, including
street improvements and related improvements within the City;
and
WHEREAS, a Notice of Intent to Issue Bonds must be
published at least forty-five (45) days before the issuance
of the bonds in order to comply with the requirements of Section
5(g) of Act No. 279, Public Acts of Michigan, 1909, as amended:
NOW, THEREFORE, BE IT RESOLVED THAT:
1 . The City Clerk is hereby authorized and directed
to publish a Notice of Intent to Issue Bonds in the Livonia
Observer, a newspaper of general circulation in the City, as
a display advertisement at least one quarter(1/4) page in size.
2. The Notice of Intent so published shall be in
substantially the following form:
NOTICE TO ELECTORS OF THE
CITY OF LIVONIA OF INTENT TO ISSUE BONDS
SECURED BY THE TAXING POWER OF THE CITY
AND RIGHT OF REFERENDUM RELATING THERETO
PLEASE TAKE NOTICE that the City Council of the City of
Livonia, County of Wayne, Michigan, intends to issue special
assessment bonds of the City in the total principal amount
of not to exceed $3,600,000 for the purpose of defraying
various Special Assessment Districts' share of the cost of
public improvements in said special assessment districts in
the City. The special assessment bonds shall mature
serially in not to exceed twenty (20) annual installments,
with interest payable on the unpaid balance at a rate of not
to exceed 13% per annum, or such higher rate of interest as
may be authorized by law.
SOURCE OF PAYMENT OF SPECIAL ASSESSMENT BONDS
The principal and interest on the special assessment
bonds shall be payable primarily from collections of an
equal amount of special assessments and the bonds shall also
pledge the full faith and credit of the City of Livonia.
23939
IN CASE OF THE INSUFFICIENCY OF THE SPECIAL
ASSESSMENTS, THE PRINCIPAL AND INTEREST ON THE BONDS SHALL
BE PAYABLE FROM THE GENERAL FUNDS OF THE CITY OR, IF
NECESSARY, FROM AD VALOREM TAXES LEVIED UPON ALL TAXABLE
PROPERTY IN THE CITY, SUBJECT TO APPLICABLE CHARTER,
STATUTORY AND CONSTITUTIONAL LIMITATIONS.
RIGHT OF REFERENDUM
THE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORS
UNLESS A PETITION REQUESTING AN ELECTION ON THE QUESTION OF
ISSUING THE BONDS, SIGNED BY NOT LESS THAN 10% OF THE
REGISTERED ELECTORS IN THE CITY, IS FILED WITH THE CITY
COUNCIL BY DEPOSITING SAID PETITION WITH THE CITY CLERK
WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS
NOTICE. If such a petition is filed, the bonds cannot be
issued without an approving vote of a majority of electors
voting on the question.
THIS NOTICE is given pursuant to the requirements of
Section 5(g) of Act 279, Public Acts of Michigan, 1909, as
amended.
ADDITIONAL INFORMATION concerning the matters set out
im in this notice may be secured from the City Clerk's office.
ROBERT F. NASH
• City Clerk
3. The City Council determines that the foregoing form
of Notice of Intent to Issue Bonds and the manner of publication
directed is adequate notice to the electors of the City and
is well calculated to inform them of the intention of the City
to issue the bonds, the purpose of the bond issue, the security
for the bonds, and the right of referendum of the electors with
respect thereto under all of the circumstances, as required
by law.
4. All resolutions and parts of resolutions insofar as
they conflict with the provisions of this resolution be and
the same hereby are rescinded.
On a motion by Councilman Taylor, seconded by Councilman Ochala,
and unanimously adopted, it was
#132-88 WHEREAS, the City Council intends to authorize the
issuance and sale of Wastewater System Revenue Bonds pursuant
to Act 94, Public Acts of Michigan, 1933, as amended, in the
23940
the principal amount of not to exceed in total Ten Million Dollars
($10,000,000), for the purpose of paying all or part of the
cost of acquiring and constructing additions, extensions and
improvements to the Wastewater System of the City, which bonds
may also pledge the full faith and credit of the City, and
WHEREAS, a Notice of Intent to Issue Bonds must be
published at least forty-five (45) days before issuance of the
same in order to comply with the requirements of Section 33
of Act 94, Public Acts of Michigan, 1933, as amended,
NOW, THEREFORE, BE IT RESOLVED
1 . The City Clerk is hereby authorized and directed
to publish a Notice of Intent to Issue Bonds in the Livonia
Observer, a newspaper of general circulation in the City, as
a display advertisement at least one-quarter (1/4) page in size.
2 The Notice of Intent so published shall be in
substantially the following form:
NOTICE TO ELECTORS
OF THE CITY OF LIVONIA AND
USERS OF THE CITY'S WASTEWATER SYSTEM
ila OF INTENT TO ISSUE REVENUE BONDS
PAYABLE PRIMARILY FROM THE REVENUES
OF SAID WASTEWATER SYSTEM AND SECURED
SECONDARILY BY THE FULL FAITH AND CREDIT AND
TAXING POWER OF THE CITY AND OF
RIGHT OF REFERENDUM RELATING THEREO
PLEASE TAKE NOTICE that the City Council of the City of
Livonia intends to authorize the issuance and sale of Wastewater
System Revenue Bonds pursuant to Act 94, Public Acts of Michigan,
1933, as amended, in the principal amount of not to exceed in
total Ten Million Dollars ($10,000,000), for the purpose of
paying part of the cost of acquiring and constructing additions,
extensions and improvements to the Wastewater System of the
City.
Said bonds will mature in annual installments not to exceed
thirty (30) in number, with interest rates to be determined
at public sale but in no event to exceed the maximum interest
rate permitted by law on the unpaid balance from time to time
remaining outstanding on said bonds The bonds may be issued
in one or more series as shall be determined by the City Council .
23941
SOURCE OF PAYMENT OF BONDS
THE PRINCIPAL OF AND INTEREST ON SAID REVENUE BONDS shall
be payable primarily from the net revenues derived from the
operation of the City' s Wastewater System Said revenues consist
of rates and charges for services supplied by the said System
which may from time to time be increased in order to provide
sufficient revenues to meet expenses of operating and maintaining
said Wastewater System and paying debt service on any revenue
bonds payable from revenues of said System A schedule of rates
presently in effect for said Wastewater System is on file in
the office of the City Clerk.
As additional security for the payment of the Revenue Bonds,
the City Council , by majority vote, may pledge the limited tax
full faith and credit of the City for payment of the principal
of and interest thereon should the net revenues of the system
be insufficient for such purposes
IF THE FULL FAITH AND CREDIT OF THE CITY IS PLEDGED FOR
SUCH PURPOSE, IN CASE OF THE INSUFFICIENCY OF THE NET REVENUES
OF THE SYSTEM, THE PRINCIPAL AND INTEREST ON THE BONDS SHALL
BE PAYABLE FROM THE GENERAL FUNDS OF THE CITY OR, IF NECESSARY,
FROM AD VALOREM TAXES LEVIED UPON ALL TAXABLE PROPERTY IN THE
CITY, SUBJECT TO APPLICABLE CHARTER, STATUTORY AND CONSTITUTIONAL
LIMITATIONS.
RIGHT OF REFERENDUM
THE REVENUE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORS
UNLESS A PETITION REQUESTING AN ELECTION ON THE QUESTION OF
ISSUING THE BONDS, SIGNED BY NOT LESS THAN 10% OF THE REGISTERED
ELECTORS OF THE CITY, IS FILED WITH THE CITY CLERK WITHIN
FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE If such
a petition is filed, the bonds cannot be issued unless their
issuance is approved by the majority vote of the electors of
the City voting on the question of their issuance
THIS NOTICE is given pursuant to the requirements of Section
33 of Act 94, Public Acts of Michigan, 1933, as amended
ADDITIONAL INFORMATION will be furnished at the office
of the City Clerk upon request
L. Robert F. Nash
23942
Ii• 3 The City Council does hereby determine that the
foregoing form of Notice of Intent to Issue Bonds and the manner
of publication directed is adequate notice to the electors of
the City and users of the City' s Wastewater System and is well
calculated to inform them of the intention of the City to issue
the bonds, the purpose of the bonds, the security for the bonds
and the rights of referendum of the electors with respect thereto,
and that the provision of forty-five (45) days within which
to file a referendum petition is adequate to insure that the
City' s electors may exercise their legal rights of referendum.
4. All resolutions and parts of resolutions insofar
as they conflict with the provisions of this resolution be and
the same hereby are rescinded.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
1133-88 RESOLVED, that having considered the report and
recommendation of the Director of Finance dated January 29,
1988, approved for submission by the Mayor, wherein it is
recommended that adjustments be authorized in the 1986/87 budget
iim in the amounts and in the manner set forth in the attachment,
the Council does hereby concur in and approve of such action.
On a motion by Councilman Taylor, seconded by Councilman Bishop,
it was
WHEREAS, pursuant to Act No. 198 of the Public Acts
of 1974, as amended, this Council has the authority to establish
industrial development 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 comprised of an area of 10 942 acres
lying in the Southwest 1/4 of Section 26, more particularly
described in Exhibit A, attached hereto and incorporated by
reference herein, which area is hereinafter referred to as "City
of Livonia Industrial Development District No 49" ; and
WHEREAS, written notice has been given by certified mail to
Ternes Land Development Company, Division of Howard Ternes
Packaging Company, a Delaware Corporation, of the Council ' s
pending action on this resolution and of its right to a hearing
lb. on the establishment of proposed City of Livonia Industrial
Development District No 49, and
23943
ImmoWHEREAS, 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 49, and
WHEREAS, on February 1 , 1988 a public hearing was held on the
establishment of proposed City of Livonia Industrial Development
Development District No. 49, at which time Ternes Land Development
Company, 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 Ternes Land Development Company
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 above.
2. Such Industrial Development District is hereby designated
as the "City of Livonia Industrial Development District
No 49 "
lim EXHIBIT A
PLYMOUTH ROAD INDUSTRIAL SUB WHICH IS PART OF THE SOUTHWEST
1/4 OF SECTION 26, TOWN 1 SOUTH, RANGE 9 EAST, LIBER 96, PAGE
6, 7, & 8, WAYNE COUNTY RECORDER, LOT 7 10 942 ACRES
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Bishop, Feenstra
NAYS Ochala, Jurcisin, Toy.
The President declared the resolution denied
On a motion by Councilman Taylor, seconded by Councilman Bishop,
it was
RESOLVED, that having considered a communication from
Ternes Land Development Company, Division of Howard Ternes
Packaging Company, a Delaware Corporation, dated November 30,
1987, which submits an application proposing the establishment
of an Industrial Development District on certain property located
in Section 26, being 10 942 acres in size in the City of Livonia,
Michigan, and the Council having conducted a public hearing
with regard to this matter on February 1 , 1988 in accordance
23944
imewith the provisions set forth in 1974 PA 198, as amended, the
Council does hereby determine to 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, Bishop, Feenstra
NAYS. Ochala, Jurcisin, Toy.
The President declared the resolution denied
On a motion by Councilman Jurcisin, seconded by Councilman Ochala,
it was
RESOLVED, that having considered a communication from
Ternes Land Development Company, Division of Howard Ternes
Packaging Company, a Delaware Corporation, dated November 30,
1987, which submits an application proposing the establishment
of an Industrial Development District on certain property located
in Section 26, being 10.942 acres in size in the City of Livonia,
Michigan, and the Council having conducted a public hearing
with regard to this matter on February 1 , 1988 in accordance
with the provisions set forth in 1974 PA 198, as amended, the
Council does hereby determine to deny this request since it
is the determination of the Council that the establishment of
an industrial development district with respect to this property
at this time would not be in the best interests of the citizens
of the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Ochala, Jurcisin, Toy
NAYS. Taylor, Bishop, Feenstra
The President declared the resolution denied
The Chair ruled that the above matter, the proposed establishment of an industrial
development district as requested by Ternes Land Development Company, will appear
on the agenda of the next Regular Meeting of the Council
On a motion by Councilman Taylor, seconded by Councilman Bishop,
it was
23945
WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Borg-Warner
Automotive, Inc , dated December 15, 1987, covering new industrial
facilities to be located within City of Livonia Industrial
Development District No 46, 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 facility 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 Borg-Warner
Automotive, 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
at 7:00 P M , Monday, February 1 , 1988 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 Council , on the basis of the information
160 received from the applicant, Borg-Warner Automotive, 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 applicant
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 Borg-Warner
Automotive covering new industrial facilities to be located
within the City of Livonia Industrial Development District No.
46, for 12 years.
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Bishop
NAYS Ochala, Jurcisin, Toy, Feenstra
The President declared the resolution denied
imi On a motion by Councilman Jurcisin, seconded by Councilman Ochala,
it was
23946
#134-88 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Borg-Warner
Automotive, Inc. , dated December 15, 1987, covering new industrial
facilities to be located within City of Livonia Industrial
Development District No 46, 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 facility 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 Borg-Warner
Automotive, 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
at 7 00 P M. , Monday, February 1 , 1988 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 Council , on the basis of the information
received from the applicant, Borg-Warner Automotive, 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 applicant
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 Borg-Warner
Automotive covering new industrial facilities to be located
within the City of Livonia Industrial Development District No.
46, for 5 years
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Ochala, Jurcisin, Toy, Bishop.
NAYS. Feenstra
The President declared the resolution adopted
On a motion by Councilman Ochala, seconded by Councilwoman Toy,
and unanimously adopted, it was
23947
1135-88 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 15, 1987, which
sets forth its resolution 12-276-87 adopted on December 8, 1987,
with regard to Petition 87-11-2-55 submitted by Northridge Commons
Associates requesting waiver use approval to construct a shopping
center on the south side of Eight Mile Road between Farmington
and Gill Roads in the Northeast 1/4 of Section 26, which property
is zoned C-2, and the Council having conducted a public hearing
with regard to this matter on February 1 , 1988, pursuant to
Council Resolution 1200-87, 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 Bishop,
and unanimously adopted, it was
1136-88 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated January 20,
1988, approved for submission by the Finance Director and the
Mayor, the Council does hereby accept a cash donation from the
Livonia Jaycees in the amount of $5,500 00, the purpose of which
is to provide assistance in the beautification of the front
lbw of Jaycee Park in the manner indicated in the attached
communication
On a motion by Councilman Ochala, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#137-88 RESOLVED, that having considered a communication from
the Department of Law, dated January 27, 1988, submitted pursuant
to Council Resolution 1097-87, transmitting for Council acceptance
a warranty deed dated November 20, 1987, executed by Said J
Mughannam and Hala Mughannam, his wife, conveying to the City
certain property described as follows
Land in the City of Livonia, County of Wayne and State
of Michigan, to wit
Lot 1 , Horton' s Newburgh Subdivision, as recorded in Liber
37, page 67 of Plats, Wayne County Records
the Council does hereby determine, for and on behalf of the
City of Livonia, to accept the aforesaid warranty deed and the
City Clerk is hereby requested to have the same recorded with
the Wayne County Register of Deeds and to do all other things
necessary or incidental to the full performance of this
23948
resolution, further, the City Assessor is hereby requested to
have this property removed from the tax rolls and to show the
same as City-owned and tax exempt.
On a motion by Councilman Taylor, seconded by Councilman Jurcisin,
and unanimously adopted, it was
#138-88 RESOLVED, that having considered a communication from
the Department of Law, dated January 26, 1988, submitted pursuant
to Council Resolution 632-87, transmitting for Council acceptance
a warranty deed dated August 14, 1987, executed by Willard H
Vanderhoof, survivor of himself and Elizabeth A. Vanderhoof,
his deceased wife, conveying to the City certain property
described as follows.
Land in the City of Livonia, County of Wayne and State
of Michigan, to wit:
Part of Lot 746, Supervisor' s Livonia Plat No. 12 of part
of Section 32, Town 1 South, Range 9 East, described as
follows. Beginning at a point on the West line of said
Section 32, 1014 50 feet due South of the West quarter
Ims corner of said Section, thence South 87 degrees 49 minutes
15 seconds East 328 feet to a point, thence due South
152 75 feet to a point; thence North 87 degrees 49 minutes
15 seconds West, 328 feet to a point on the West line
of Section 32, thence due North along said line 152 75
feet to the point of beginning, City of Livonia, Wayne
County, Michigan, as recorded in Liber 66, page 65 of
Plats, Wayne County Records.
the Council does hereby determine, for and on behalf of the
City of Livonia, to accept the aforesaid warranty deed and the
City Clerk is hereby requested to have the same recorded with
the Wayne County Register of Deeds and to do all other things
necessary or incidental to the full performance of this
resolution, further, the City Assessor is hereby requested to
have this property removed from the tax rolls and to show the
same as City-owned and tax exempt.
On a motion by Councilman Ochala, seconded by Councilman Jurcisin,
and unanimously adopted, it was
1139-88 RESOLVED, that having considered a communication from
the Department of Law, dated January 22, 1988, submitted pursuant
to Council Resolution 1099-87, transmitting for Council acceptance
a warranty deed dated December 21 , 1987, executed by Arthur
W Harrison and Sally A Harrison, his wife, conveying to the
City certain property described as follows
23949
Land in the City of Livonia, County of Wayne and State
of Michigan, to wit.
The East 27 feet of the following described parcel
Lots 5 and 6, Horton's Subdivision, as recorded in Liber
32 of Plats, Wayne County Records (Newburgh Road
right-of-way)
the Council does hereby determine, for and on behalf of the
City of Livonia, to accept the aforesaid warranty deed and the
City Clerk is hereby requested to have the same recorded with
the Wayne County Register of Deeds and to do all other things
necessary or incidental to the full performance of this
resolution, further, the City Assessor is hereby requested to
have this property removed from the tax rolls and to show the
same as City-owned and tax exempt
On a motion by Councilman Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
1140-88 RESOLVED, that having considered a comnunication dated
January 20, 1988, from the Department of Law transmitting for
Council acceptance a Grant of Easement, more particularly
described as:
Grant of Easement dated January 15, 1988, executed by David
H. Josephson, President, Waukeen Electric, Inc. , A Michigan
Corporation, for
Part of the N.W 1/4 of Section 12, T.1S , R.9E , City
of Livonia, Wayne County, Michigan described as follows.
Comnencing at the West 1/4 corner of Section 12, T.1S. ,
R.9E. , and proceeding thence North 00°1030" West 189 45
feet along the west line of said Section 12; thence South
89°51 '20" East 646.0C feet to the Point of Beginning of
a 20 foot wide easement whose centerline is described
as follows. Thence North 64°21 ' 20 West 49.0C feet, thence
North 14°49'21 " West 122 OC feet, thence North 79°53' 26"
West 314. 50 feet, thence North 22°0C '00" West to a point
on the North line of Wayne County Bureau of Taxation Parcel
046 990165 000 also known as the point of ending.
the Council does hereby determine, for and on behalf of the
City of Livonia, to accept the aforesaid Grant of Easement and
the City Clerk is hereby requested to have the same recorded
with the office of the Register of Deeds and to do all other
things necessary or incidental to the full performance of this
resolution.
23950
On a motion by Councilwoman Toy, seconded by Councilman Taylor,
and unanimously adopted, it was
1141-88 RESOLVED, that having considered a communication from
the Department of Law, dated January 21 , 1988, submitted pursuant
to Council Resolution 1130-87, transmitting for Council acceptance
a warranty deed dated December 16, 1987, executed by Cornelius
H Suddendorf and Evelyn M Suddendorf, his wife, conveying
to the City certain property described as follows.
Lard in the City of Livonia, County of Wayne and State
of Michigan, to wit:
The West 27 feet of the following described parcel .
Lot 746, except the North 152.75 feet thereof, Supervisor' s
Livonia Plat No 12, as recorded in Liber 66, page 6E
of Plats, Wayne County Records, said plat being a part
of Section 32, T. 1 S , R 9 E. , Livonia Township.
(Newburgh Road right-of-way)
Ifts the Council does hereby determine, for and on behalf of the
City of Livonia, to accept the aforesaid warranty deed and the
City Clerk is hereby requested to have the same recorded with
the Wayne County Register of Deeds and to do all other things
necessary or incidental to the full performance of this
resolution; further, the City Assessor is hereby requested to
have this property removed from the tax rolls and to show the
same as City-owned and tax exempt
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
and unanimously adopted, it was
1142-88 RESOLVED, that having considered a communication dated
February 1 , 1988, from the Department of Law transmitting for
Council acceptance two Grants of Easement, more particularly
described as.
(1 ) Grant of Easement dated January 26, 1988, executed
by Exavor Giller and Catherine Giller, his wife, for
The South 12.00 feet of the East 145.0C feet of Lot
6 Winfield Estates Subdivision of the N.W. 1/4 of
Sec. 9, T. 1 S , R 9 E , Livonia Township (now City
of Livonia) , Wayne Co , Michigan as recorded in Liber
69 of Plats, Page 28, Wayne County Records
23951
lim (2) Grant of Easement dated September 11 , 1987, executed
by Exavor Giller and Catherine Giller, his wife, for
A 20.00 foot easement for sanitary sewer whose
centerline is described as follows
Part of Lot 6 Winfield Estates Subdivision of the
N W. 1/4 of Sec 9, T. 1 S. , R.9 E. , Livonia Township
(now City of Livonia) , Wayne Co , Michigan as recorded
in Liber 69, Page 28 of plats, Wayne County Records,
described as beginning at a point on the East line
of Lot 6 distant South 0 degrees 26 minutes 24 seconds
East 10.00 feet from the Northeast corner of Lot 6
and proceeding thence South 89 degrees 56 minutes
45 seconds West 20.00 feet to the point of ending.
the Council does hereby for and in behalf of the City of Livonia
accept the aforesaid Grants of Easement and the City Clerk is
hereby requested to have the same recorded in the office of
the Register of Deeds and to do all other things necessary or
incidental to fulfill the purpose of this resolution.
On a motion by Councilman Taylor, seconded by Councilwoman Toy,
and unanimously adopted, it was
#143-88 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 Taylor, seconded by Councilman Bishop,
and unanimously adopted, it was
#144-88 RESOLVED, that the City Engineer having filed with
the City Clerk a statement dated December 15, 1987 on all matters
required by Section 3.08.060 of the Livonia Code of Ordinances,
as amended, and a first public hearing having been held thereon
on February 8, 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
Lof a 28 ft. full-depth asphalt pavement with mountable
asphalt curbs (Alternate III ) or approximately four
inches of asphalt on the existing roadway (Alternate
23952
IV) on Auburndale between Five Mile and Myrna in the
Southwest 1/4 of Section 1 , 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
improvements as set forth in said statement dated
December 15, 1987,
(4) determine that the estimated cost of such improvement
is $276,172.23 or $57,056 35,
(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 $26,935 83 or $7,695 95 and 100%
of drainage $96,600.00 or $5,750 00 and that the balance
of said cost and expense of said public improvement
amounting to 85% of paving $152,636 00 or $43,610 40
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 for
Alternate III or ten (10) annual installments for
Alternate IV 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 S W 1/4 of Section
15, T 1 S , R 9 E , City of Livonia, Wayne County,
Michigan, described as containing the property shown
on the Proposed Special Assessment Roll and 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
23953
Iwo district as the special benefits to such lots or parcels
of land bear to the total benefit of all land and
also to enter upon such roll the amount which has
been assessed to the City at large, all in accordance
with the determination of the City Council ; and
(10) that upon the completion of said roll the City Assessor
shall 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 required by Section 3 08. 110 of the said Code.
On a motion by Councilman Jurcisin, seconded by Councilman Bishop,
and unanimously adopted, it was
1145-88 RESOLVED, that the City Engineer having filed with
the City Clerk a statement dated December 16, 1987 on all matters
required by Section 3.08.060 of the Livonia Code of Ordinances,
as amended, and a first public hearing having been held thereon
1110 on February 8, 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 approximately four inches of asphalt on the existing
roadway (Alternate IV) on Jarvis, South of Plymouth
Road in the Southeast 1/4 of Section 30, 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
improvements as set forth in said statement dated
December 16, 1987,
(4) determine that the estimated cost of such improvement
is $27,729 53 (Alternate IV) ,
(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,
23954
(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 ($3,641 93) and 100% of drainage
($3,450.00) and that the balance of said cost and
expense of said public improvement amounting to 85%
of paving ($20,637.60) 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 ten (10) annual installments for
Alternate IV 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 S.E. 1/4 of Section
30, T 1 S. , R. 9 E , City of Livonia, Wayne County,
Michigan, described as containing the property shown
on the Proposed Special Assessment Roll and 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 benefit of all land and
also to enter upon such roll the amount which has
been assessed to the City at large, all in accordance
with the determination of the City Council , and
(10) that upon the completion of said roll the City Assessor
shall 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 required by Section 3 08 110 of the said Code.
On a motion by Councilman Jurcisin, seconded by Councilwoman Toy,
116. it was
23955
1146-88 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Action
Distributing, Inc , dated December 16, 1987, covering new
industrial facilities to be located within City of Livonia
Industrial Development District No 14, and
WHEREAS, the City Clerk has notifed 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 facility 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 Action
Distributing, 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
at 8:00 P M. , Monday, February 8, 1988 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 Council , on the basis of the information
received from the applicant, Action Distributing, 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 applicant
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 Action
Distributing, Inc. covering new industrial facilities to be
located within the City of Livonia Industrial Development District
No. 14, for 8 years, but to expire on a date no later than
December 30, 1996.
On a motion by Councilman Taylor, seconded by Councilman Bishop,
it was
RESOLVED, that the Council does hereby amend the
aforesaid resolution so as to have the Industrial Facilities
Exemption certificate approved for a twelve-year period
A roll call vote was taken on the amending resolution with the following result
AYES Taylor, Bishop.
NAYS Ochala, Jurcisin, Toy, Feenstra.
23956
The President declared the resolution to amend denied.
A roll call vote was taken on the original resolution with the following result
AYES: Taylor, Ochala, Jurcisin, Toy, Feenstra
NAYS: Bishop
The President declared the resolution adopted
On a motion by Councilman Bishop, seconded by Councilman Ochala,
it was
1147-88 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 17, 1987, which
sets forth its resolution 12-275-87 adopted on December 8, 1987,
with regard to Petition 87-11-2-53 submitted by Ron Parz
requesting waiver use approval to construct a shopping center
on the north side of Plymouth Road between Middlebelt and Merriman
Roads in the Southeast 1/4 of Section 26, which property is
zoned C-1 , and the Council having conducted a public hearing
with regard to this matter on February 8, 1988, pursuant to
Council Resolution 25-88, the Council does hereby reject the
recommendation of the Planning Commission and the said Petition
87-11-2-53 is hereby approved and granted with respect to the
waiver use only, the proposed site plan herein submitted being
referred to the Committee of the Whole for its report and
recommendation
On a motion by Councilman Taylor, seconded by Councilman Ochala,
it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated December 17, 1987, which
sets forth its resolution 12-275-87 adopted on December 8, 1987,
with regard to Petition 87-11-2-53 submitted by Ron Parz
requesting waiver use approval to construct a shopping center
on the north side of Plymouth Road between Middlebelt and Merriman
Roads in the Southeast 1/4 of Section 26, which property is
zoned C-1 , and the Council having conducted a public hearing
with regard to this matter on February 8, 1988, pursuant to
Council Resolution 25-88, the Council does hereby refer this
item to the Committee of the Whole for its report and
recommendation
23957
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Taylor.
NAYS Ochala, Jurcisin, Toy, Bishop, Feenstra
The President declared the resolution denied
A roll call vote was taken on the original resolution with the following result
AYES. Ochala, Jurcisin, Toy, Bishop, Feenstra
NAYS: Taylor.
The President declared the resolution adopted
On a motion by Councilman Ochala, seconded by Councilman Jurcisin,
it was
#148-88 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole dated February
10, 1988, and submitted pursuant to CR 1205-87 in connection
with a communication from the City Assessor dated November 16,
1987, approved for submission by the Mayor Pro Tem, with regard
to a request from Harold Carlson, 16904 Oporto, 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 Council does hereby approve of the Division of
Tax Item No 46 053 01 0025 000 (14A25) into three (3) parcels,
the legal descriptions of which shall read as follows
PARCEL "A"
The West 140.00 feet of Lot 25 of "Livrance Estates Sub " of
part of the N.E. 1/4 of Section 14, T.1S R.9E , Livonia Township
(now City of Livonia), Wayne Co , Mich as recorded in Liber
67 of Plats on Page 10 Subject to easements and restrictions
of record
PARCEL "B"
The West 80 00 feet of the East 160 00 feet of Lot 25 of "Livrance
Estates Sub." of part of the N E 1/4 of Section 14, T 1S. ,
23958
R.9E. , Livonia Township (now City of Livonia), Wayne Co. , Mich.
as recorded in Liber 67 of Plats on Page 10. Subject to easements
and restrictions of record.
PARCEL "C"
The East 80 00 feet of Lot 25 of "Livrance Estates Sub. " of
part of the N.E. 1/4 of Section 14, T 1S. , R.9E. , Livonia Township
(now City of Livonia), Wayne Co , Mich. as recorded in Liber
67 of Plats on Page 10. Subject to easements and restrictions
of record.
as shown on the map attached to the aforesaid communication
which is made a part hereof by reference, and the City Clerk
is hereby requested to cause a certified copy of this resolution
to be recorded in the Office of the Wayne County Register of
Deeds.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Taylor, Ochala, Jurcisin, Toy, Feenstra.
NAYS: Bishop.
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilwoman Toy, and
unanimously adopted, this 1 ,122nd Regular Meeting of the Council of the City of
Livonia was adjourned at 8 45 P M. , February 10, 1988
41fr411
Robert F. Nash, City Clerk