HomeMy WebLinkAboutCOUNCIL MINUTES 1983-08-31 20503
Lly MINUTES OF THE ONE THOUSAND AND THIRTEENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On August 31, 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 approximately 8:00 p.m. Councilman Bishop delivered the invocation.
Roll was called with the following result: Present: Robert E. McCann, Robert R.
Bishop, Robert D. Bennett, Peter A. Ventura, Gerald Taylor, Fernon P. Feenstra, Alice
Gundersen; absent: None.
Elected and appointed officials present: Robert F. Nash, City Clerk;
Patricia Miencier, Deputy City Clerk; Harry C. Tatigian, City Attorney; G. E.
Siemert, Chief Engineer; Michael Reiser, Emergency Preparedness Coordinator; John
J. Nagy, Planning Director; Sue Wisler, Program Supervisor; Jack Dodge, Finance
LDirector; and Russ Gronevelt, Supt. of Public Service.
By Councilman Ventura, seconded by Councilman Bishop, and unanimously*
adopted, it was
#675-83 RESOLVED, that the minutes of the 1012th Regular Meeting of the
Council of the City of Livonia, held August 22, 1983, are hereby approved.
*Councilman Bennett abstained from voting which is recorded as a "yes" vote under
the provisions of Section 2.119 of the Livonia Code of Ordinances.
On a motion by Councilman Bennett, seconded by Councilman Ventura, and
unanimously adopted, it was
#676-83 RESOLVED, that having considered Opinion #6181, dated August
29, 1983, of the Office of the Michigan Attorney General, regarding
the collection of summer school taxes after August 31 without penalty
and interest until September 14, the Council does hereby request that
the department of Law prepare for submission to Council a proposed
resolution which would waive the 1% collection fee and/or administration
fee which may be required to be levied under provisions of current
state statute.
The following resolutions were offered by Councilman Taylor and seconded
by Councilman Bishop:
20504
#677-83 RESOLVED, that having considered the report and recommendation
of the City Engineer dated August 22, 1983, which bears the signature of
the Finance Director, is approved by the Planning Director and the
Director of Public Works, and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of Grimaldi Concrete Company,
Inc. 17596 Levan, Livonia, Michigan 48152, for the construction of
sidewalks in the Argonne Subdivision and in Schanhite's Marquette Manor
Subdivision for the estimated total cost of S149,584, based upon the
Engineering Division's estimate of units involved, subject to a final
payment based upon the actual units completed in accordance with the unit
prices contained herein, said estimated cost and unit prices having been
in fact the lowest bid received for this item; further, the Council does
hereby appropriate a sum of $149,584 from funds provided in the Federal
"Jobs Bill" grant for this purpose; and the Council does hereby authorize
the Engineering/Inspection Division to proceed with completing sidewalks
in the Argonne Subdivision (Target Area No. 1) and in the Schanhite's
Marquette Manor Subdivision (Target Area No. 2) at no cost to the abutting
property owners; and the Director of Public Works is hereby authorized to
approve minor adjustments in the work as completed; and the Mayor and City
Clerk are hereby authorized to execute a contract, for and on behalf of
the City of Livonia, with the aforesaid bidder, and to do all things
necessary or incidental for the full performance of this resolution.
#678-83 RESOLVED, that having considered the report and recommendation of
the City Engineer dated August 10, 1983, approved by the Director of
Public Works and approved for submission by the Mayor, the Council does
hereby authorize the release to M. L. Priest & Associates, 14655 Riverside
Drive, Livonia, Michigan 48154, the proprietor of the Pembroke Commons
Subdivision, located in the S.E. 1/4 of Section 1, the Financial AssuranceE
previously deposited with respect to the General Improvement Bond (in the
sum of $2,000), the sidewalk bond (in the sum of $2,200), and the Soil
Erosion and Sedimentation Bond (in the sum of $1,000), pursuant to Council
Resolution #246-79, adopted on March 21, 1979 and subsequently amended by
Council Resolutions 652-80 and 981-81; 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.
00679-83 WHEREAS, Act 223, P.A. 1909, as last amended by Act 196, P.A.
1970 provides for the conveyance of State-awned tax-reverted lands to
municipal units for public purposes, and
WHEREAS, such lands are under the jurisdiction of the State of
Michigan, Department of Natural Resources and are available for acquisition
under the provisions of the above mentioned act:
Such property items described as follows:
120 03 0057 000 Lot 57, Newburgh Estates
100 10 0385 000 Lot 385, also E 1/2 adj alley Schanhites
Marquette Manor
20505
005 01 0069 000 Lot 69, Storm Fowler's Country Crest
120 02 0515 002 Lot 515 exc the SE triang pt thereof meas
10 ft alg the S Line and 150 ft alg the E Line of said Lot,
Supervisor's Livonia Plat No. 9
144 99 0161 000 Town 1 s, Range 9 E, Sec 36. That pt of the E
1/2 of the SE 1/4 of Sec 36 Desc as beg at a pt on the N Line
of Joy Road dist N OD 03M E 60 ft and N 89D 41M W 591.11 ft
from the SE cor of Sec 36 and proc TH N 89D 41M W alg said Line
58 ft, TH N OD 04M 40s E 390 ft, TH S OD 04M 4Os W 390 ft to
POB.
108 99 0050 000 the N 165 ft of S 375 ft of W 50 ft of E 705 ft
of the SE 1/4 Section 27.
and
WHEREAS, the City of Livonia desires to acquire said lands for
purposes of urban renewal,
NOW, THEREFORE BE IT RESOLVED that the City of Livonia is
authorized to make application to the State of Michigan, Department of
Natural Resources, Lands Division for conveyance of said land to the City
of Livonia for a nominal fee of $1.00, plus the State's maintenance costs,
if any, and
FURTHER BE IT RESOLVED that the City of Livonia shall set up
necessary procedures and controls to provide for the proper distribution
of funds arising from the subsequent sale of the acquired property in
conformity with the above mentioned acts. .
#680-83 RESOLVED, that having considered the report and recommendation of
the City Engineer and the Finance Director dated August 11, 1983, approved
by the Director of Public Works and approved for submission by the Mayor,
and to which is attached Contract #83-1107 between the City of Livonia and
the Michigan Department of Transportation relative to an application for a
loan in the amount of $680,000 under the Governor's Transportation Bonding
Program to cover the City's share ($422,000) and the special assessment
share ($258,000) for the improvement of Brentwood Avenue, South of Seven
Mile Road and Haller, Camden & Hartel, North of Plymouth Road, which amount
is to be repaid over a period of fifteen years at an interest rate of
9.65%. The Council does hereby approve the same and does further authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the attached agreement in the manner and form herein submitted.
#681-83 RESOLVED, that having considered the report and recommendation of
the City Engineer dated August 12, 1983, approved by the Director of
Public Works and approved for submission by the Mayor, the Council does
hereby determine as follows:
20506
(1) Notify the Permit Division of the Board of Wayne County
Road Commissioners of the City's willingness to accept
jurisdiction and maintenance of one (1) 12-inch storm
sewer connection to an existing storm sewer system within
the Farmington Road right-of-way (near survey station 14+B)
in connection with the development of the MetroVision
site, located on the west side of Farmington Road in the
N.E. 1/4+ of Section 21; and
(2) Authorize the City Engineer, on behalf of the City, to
execute a permit with the Wayne County Road Commission
for constructing the above section of storm sewer.
#682-83 WHEREAS, there exists in the City of Livonia, County of Wayne,
Michigan (the "City") the need for certain programs to alleviate and
prevent conditions of unemployment, to assist and retain local industrial
and commercial enterprises in order to strengthen and revitalize the City's
economy and to encourage the location and expansion of industrial and
commercial enterprises to provide needed services and facilities to the
City and its residents; and
WHEREAS, a program to alleviate the aforesaid conditions and
accomplish said purposes has been initiated by The Economic Development
Corporation of the City of Livonia (the "Corporation"); and
WHEREAS, the Corporation in conformity with Act No. 338, Public
Acts of Michigan, 1974, as amended ("Act No. 338"), has designated the
hereinafter described Project Area for such a program to this Council for
its approval thereof, and
WHEREAS, it is also necessary for this Council to establish
Project District Area boundaries; and
WHEREAS, it is also necessary for this Council to approve the
appointment of two additional Directors to the Board of Directors of the
Corporation pursuant to the provisions of Section 4(2) of Act No. 338;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. This Council does hereby certify its approval of the Corpora-
tion's designation of the Project Area described in Exhibit A hereto
attached.
2. This Council does hereby establish as a Project District Area
the property described in Exhibit B hereto attached.
3. This Council does hereby certify its approval of the individ-
uals listed on Exhibit C as additional Directors of the Corporation to
serve in conformity with the provisions of Section 4(2) of Act No. 338.
4+. It is hereby determined that the requirements of Section 20
of Act No. 338 have been met and that the formation of a project citizens
district council is not required.
20507
5. The City Clerk be and is hereby directed to deliver a
certified copy of this resolution to the Secretary of the Board of the
Corporation.
6. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same hereby
are rescinded.
#683-83 RESOLVED, that having considered a letter from Mr. Melvin Menuck,
Curtis Building Company, 25950 Five Mile Road, Detroit, Michigan 48239,
dated August 22, 1983, wherein a request is submitted for the vacating of
part of a landscape easement located on Lot 10 of the Wellington Woods
Subdivision, the Council does hereby refer the same to the City Planning
Commission for action and recommendation in accordance with provisions of
law and City Ordinance.
The communication dated August 16, 1983, from Arthur F. Sippola, Chairman
of the Livonia Traffic Commission, re: Cr#395-83 - Parking Problems on Grove Street,
west of Whitby, was received and filed for the information of the Council.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Bishop, Bennett, Ventura, Taylor, Feenstra, G,ndersen, McCann
NAYS: None
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SUBSECTIONS 18 AND 42 OF
SECTION .010 OF CHAPTER 16 (PARKS AND PLAYGROUNDS)
OF TITLE 12 OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bishop, Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Bishop took from the table, for second reading and adoption,
the following Ordinance:
2
AN ORDINANCE AMENDING SECTION 27 OF THE ZONING MAP0508
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS
THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING
SECTION 3. THERETO. (Petition 83-3-1-9, rezoning
from M-1 to M-2)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bishop, Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Ventura took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE VICATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND. (Petition 83-4-3-1)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bishop, Bennett, Ventura, Feenstra, Gundersen, McCann
NAYS: Taylor
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY
AND PUBLIC GROUND. (Petition 83-5-3-2)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES. Bishop, Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann
NAYS: None
LThe President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
20509
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 5-1809(1) AND EXHIBIT
"F" (G) OF TITLE 5, CHAPTER 18 (THE METROVISION OF
LIVONIA, INC. CABLE TELEVISION FRANCHISE ORDINANCE)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bishop, Bennett, Ventura, Taylor, Feenstra, Guns ersen, McCann
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
On a motion by Councilman Ventura, seconded by Councilman Bennett, it was
#684-83 RESOLVED, that the Council does hereby determine that the items
set forth in a communication from the City Engineer dated August 17, 1983
be divided and considered in three different parts which are as follows:
A. The extension and construction of a water line and a sanitary
sewer to a future shelter location in Bicentennial Park;
B. The paving of roads and parking areas in the Bicentennial Park;
and
C. A parking lot expansion at the Senior Citizen Center (former
Fire Station Site)
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Bennett, Ventura, Gundersen
NAYS: Taylor, Feenstra, McCann
The President declared the resolution adopted.
On a motion by Councilman Ventura, seconded by Councilman Bishop, it was
#685-83 RESOLVED, that having considered the report and recommendation of
the City Engineer dated August 17, 1983, which bears the signature of the
Finance Director, is approved by the Director of Public Works and the
Chairman of the Water & Sewer Board, the Council does hereby accept the
unit prices bid of A. A. Dettore & Associates, 12550 Farmington Road,
Livonia, Michigan 48150, for extending and constructing a water line and a
sanitary sewer to a future shelter location at Bicentennial Park for the
estimated total cost of $21,852.80, based upon the Engineering Division's
estimate of units involved, subject to a final payment based upon the
actual units completed in accordance with the unit prices accepted herein,
20510
said estimated cost and prices having been in fact the lowest bid
received for this item; further, the Council does hereby appropriate the
sum of $15,008.00 from the Water Capital Outlay Account and $6,844.80
from the Sewer Capital Outlay Account for this purpose; and the Director
of Public Works is hereby authorized to approve minor adjustments in the
work as required; and the Mayor and City Clerk are hereby authorized to
execute a contract for and on behalf of the City of Livonia, with the
aforesaid bidder, and to do all things necessary or incidental for the
full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann
NAYS: None
On a motion by Councilman Taylor, seconded by Councilman Bishop, it was
RESOLVED, that having considered the report and recommendation of
the City Engineer dated August 17, 1983, which bears the signature of the
Finance Director, is approved by the Director of Public Works and the
Chairman of the Water & Sewer Board, the Council does hereby accept the
unit prices bid of A. A. Dettore & Associates, 12550 Farmington Road,
Livonia, Michigan 48150, for the paving of roads and parking areas in the
Bicentennial Park for the estimated total cost of $127,298.80, based upon
the Engineering Division's estimate of units involved, subject to a final
payment based upon the actual units completed in accordance with the unit
prices accepted herein, said estimated cost and prices having been in fact
the lowest bid received for this item; further the Council does hereby
appropriate the sum of $127,298.80 from the $7.9 million General Obliga-
tion Road Improvement Bond Issue for this purpose; and the Director of
Public Works is hereby authorized to approve minor adjustments in the work
as required; and the Mayor and City Clerk are hereby authorized to execute
a contract for and on behalf of the City of Livonia, with the aforesaid
bidder, and to do all things necessary or incidental for the full perform-
ance of this resolution.
On a motion by Councilman Bennett, seconded by Councilman Bishop, it was
#686-83 RESOLVED, that the Council does hereby amend the aforesaid
resolution to provide the following language:
"further the Council does hereby appropriate the sum of $127,298.80
from the $7.9 million General Obligation Road Improvement Bond Issue
as an advance, the same to be reimbursed thereto from the proceeds
of a future Motor Vehicle Highway Fund Bond Issue, for this purpose;"
in lieu of:
"further, the Council does hereby appropriate the sum of $127,298.80
from the $7.9 million General Obligation Road Improvement Bond Issue
for this purpose;"
20511
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Bennett, Ventura, Taylor, Feenstra, Gundersen
NAYS: McCann
On a motion by Councilman Taylor, seconded by Councilman Bishop, it was
#687-83 RESOLVED, that having considered the report and recommendation of
the City Engineer dated August 17, 1983, which bears the signature of the
Finance Director, is approved by the Director of Public Works and the
Chairman of the Water Sewer Board, the Council does hereby accept the
unit prices bid of A. A. Dettore & Associates, 12550 Farmington Road,
Livonia, Michigan 1+8150, for the paving of roads and parking area in the
Bicentennial Park for the estimated total cost of $127,298.80 based upon
the Engineering Division's estimate of units involved, subject to a final
payment based upon the actual units completed in accordance with the unit
prices accepted herein, said estimated cost and prices having been in fact
the lowest bid received for this item, further, the Council does hereby
appropriate the sum of $127,298.80 from the $7.9 million General Obligation
Road Improvement Bond Issue as an advance, the same to be reimbursed
thereto from the proceeds of a future Motor Vehicle Highway Fund Bond
Issue, for this purpose; and the Director of Public Works is hereby
authorized to approve minor adjustments in the work as required; and the
Mayor and City Clerk are hereby authorized to execute a contract for and
on behalf of the City of Livonia, with the aforesaid bidder, and to do all
things necessary or incidental for the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann
NAYS: None
On a motion by Councilman Bishop, seconded by Councilman Taylor, it was
#688-83 RESOLVED, that having considered the report and recommendation of
the City Engineer dated August 17, 1983, which bears the signature of the
Finance Director, is approved by the Director of Public Works and the
Chairman of the Water Sewer Board, the Council does hereby accept the
unit prices bid of A. A. Dettore & Associates, 12550 Farmington Road,
Livonia, Michigan 48150, for expanding the parking lot at the Senior
Citizen Center on Farmington Road, south of Plymouth Road (former Fire
Station site) for the estimated total cost of $9,985.10, based upon the
Engineering Division's estimate of units involved, subject to a final
payment based upon the actual units completed in accordance with the unit
prices accepted herein, said estimated cost and prices having been in fact
the lowest bid received for this item; further, the Council does hereby
appropriate the sum of $9,985.10 from Federal "Jobs Bill" funds for this
purpose; and the Director of Public Works is hereby authorized to approve
minor adjustments in the work as required; and the Mayor and City Clerk
are hereby authorized to execute a contract for and on behalf of the City
of Livonia, with the aforesaid bidder, and to do all things necessary or
incidental for the full performance of this resolution.
20512
A roll call vote was taken on the foregoing resolution with the following result:
lip
AYES: Bishop, Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann
NAYS: None
On a motion by Councilwoman Gundersen, seconded by Councilman Bishop, it
was
#689-83 RESOLVED, that having considered a communication from the City
Planning Commission dated August 10, 1983 and which transmits its resolu-
tion #8-166-83, adopted on August 2, 1983, with regard to Sign Permit
Application #379, submitted by Arbor Drugs requesting approval to erect a
sign on a building located in the Livonia Mall Shopping Center at the
Northwest corner of Seven Mile and Middlebelt Roads in Section 2, the
Council does hereby concur in the recommendation of the Planning Commission
and sign permit application #379 is hereby approved, such approval to be
based upon the same condition as that set forth in the aforesaid recom-
mendation of the Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Bennett, Ventura, Taylor, Gundersen, McCann
NAYS: Feenstra
The President declared the resolution, adopted.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was
#690-83 RESOLVED, that having considered the report and recommendation of
the City Engineer dated August 10, 1983, which bears the signature of the
Finance Director, is approved by the Director of Public Works and is app-
roved for submission by the Mayor, with regard to revision of the traffic
signal located at the intersection of Seven Mile and Wayne Roads initiated
by the relocation and improvement of Wayne Road south of Seven Mile, the
Council does hereby agree to and approve of the City of Livonia bearing the
entire cost of installation estimated at $6,000 and participating in the
future maintenance (including electrical energy charges of the aforesaid
traffic signal control device to the extent of 50%), the total estimated
cost of same being in the amount of $6,000; and further, the Council does
hereby appropriate and authorize the expenditure of a sum not to exceed
$6,000 from Motor Vehicle Highway Funds (Major Road Account) for this
purpose; and the Mayor and City Clerk are hereby authorized, for and on
behalf of the City of Livonia, to execute the proposed cost agreement
submitted in this regard; and the City Clerk is hereby requested to forward
a certified copy of this resolution, together with the signed cost agree-
ment, to the Wayne County Road Commission.
lis A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann
NAYS: None
20513
On a motion by Councilman Bennett, seconded by Councilman Bishop, it was
#691-83 WHEREAS, the City Council having duly met and reviewed the
special assessment levied on the Special Assessment Roll as prepared by
the City Assessor to cover the district portion of the cost of a street
paving improvement consisting of the placement of a 27' wide asphalt
pavement with valley swales (Alternate III) on Hoy road from Henry Ruff
to approximately 150' east of Flamingo in the N.W. 1/4 of Section 23, T
1 S., R. 9 E., City of Livonia, Michigan, improvements to be constructed
in the Special Assessment District No. 246, and all owners of record of
property subject to the special assessments having submitted in writing a
"waiver of notice and proceedings" in accordance with Section 3.08.310 of
the Livonia Code of Ordinances, as amended, and after careful consideration
having been given to all such matters, the Council does hereby, pursuant
to Section 3.08.080 of said code, determine as follows:
(1) The assessments set forth in said Special Assessment Roll dated
August 18, 1983, in the amount of $42,003.20, 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;
(2) Said Special Assessment Roll No. 246 is hereby approved and
confirmed in all respects;
(3) The amount of said roll shall be divided into ten (10) equal
annual installments with interest at the rate of eight (:".)
percent per annum on the unpaid balance of the assessment from
the date of confirmation. Said interest shall be payable on each
installment due date; provided, however, that after the issuance
of bonds in anticipation of the collection of the unpaid assess-
ments 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) the
number of installments shall be reduced so that each installment
shall be above and as near Ten Dollars ($10) as possible. The
first installment shall be clue and payable December 1, 1984 and
subsequent installments on December 1st of succeeding years;
(4) Pursuant to the provisions of Section 3.08.130 of the Livonia
Code of Ordinances, as amended, the City Clerk shall endorse the
date of confirmation on the assessment roll, and the said assess-
ment
ssesament 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, 1984 pay the whole or any part of the assessment
without interest or penalty;
20514
(5) The first installment shall be spread upon the 198+ 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, 1984 and thereafter one (1)
installment shall be spread upon each annual tax roll together
with one (1) year's interest upon all unpaid installments;
provided, however, that when any annual installment shall have
been prepaid in the manner provided in Title 3, Chapter 8 of the
Livonia Code of Ordinances, as amended, either within the sixty
(60) day period as provided by Section 3.08.200, or after the
expiration of the sixty (60) day period as provided by Section
3.08.220 then there shall be spread upon the tax roll for such
year only the interest for all unpaid installments; and
(6) The City Council hereby determines to pay a portion (15%) of the
cost of the said improvement within the said district in the sum
of $8,922.90.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Bennett, Ventura, Taylor, Gundersen, McCann
NAYS: Feenstra
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Bishop, it was
#692-83 WHEREAS, the City Council having duly met and reviewed the
special assessment levied on the Special Assessment Roll as prepared by
the City Assessor to cover the district portion of the cost of a street
paving improvement consisting of the placement of approximately 4" of
asphalt on the existing roadway on Flamingo Avenue from Nye to Hoy and on
Hoy for a distance of approximately 115 feet east of Flamingo in the N.W.
1/4+ of Section 23, T. 1 S., R. 9 E., City of Livonia, Michigan, improve-
ments to be constructed in the Special Assessment District No. 247, and
all owners of record of property subject to the special assessments having
submitted in writing a "waiver of notice and proceedings" in accordance
with Section 3.08.310 of the Livonia Code of Ordinances, as amended, and
after careful consideration having been given to all such matters, the
Council does hereby, pursuant to Section 3.08.080 of said code, determine
as follows:
(1) The assessments set forth in said Special Assessment Roll dated
August 18, 1983, in the amount of $19,141.9.85, 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;
(2) Said Special Assessment Roll No. 217 is hereby approved and
confirmed in all respects,
20515
(3) The amount of said roll shall be divided into ten (10) equal
annual installments with interest at the rate of eight (8%)
percent per annum on the unpaid balance of the assessment from
the date of confirmation. Said interest shall be payable on
each installment due date; provided, however, that after the
issuance of bonds in anticipation of the collection of the
unpaid assessments on the said special assessment roll, said
rate of interest shall be adjusted to a rate which is not more
than 1% above the average rate of interest borne by said bonds.
In such cases where the installments will be less than Ten
Dollars ($10) the number of installments shall be reduced so
that each installment shall be above and as near Ten Dollars
($10) as possible. The first installment shall be due and
payable December 1, 198+ and subsequent installments on
December 1st of succeeding years;
(4) Pursuant to the provisions of Section 3.08.130 of the Livonia
Code of Ordinances, as amended, the City Clerk shall endorse the
date of confirmation on the assessment roll, and the said
assessment roll shall then be immediately transmitted to the
City Treasurer who shall then publish notice as is required by
Section 3.08.190 of the Livonia Code of Ordinances, as amended,
and mail assessment statements to the respective property owners
assessed in the manner and substance as provided by said Section
3.08.190. Any property owner assessed may, within sixty (60)
days from December 1, 1983 pay the whole or any part of the
assessment without interest or penalty;
(5) The first installment shall be spread upon the 198+ 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 198+ and thereafter one (1)
installment shall be spread upon each annual tax roll together
with one (1) year's interest upon all unpaid installments;
provided, however, that when any annual installment shall have
been prepaid in the manner provided in Title 3, Chapter 8 of the
Livonia Code of Ordinances, as amended, either within the sixty
(60) day period as provided by Section 3.08.200, or after the
expiration of the sixty (60) day period as provided by Section
3.08.220 then there shall be spread upon the tax roll for such
year only the interest for all unpaid installments; and
(6) The City Council hereby determines to pay a portion (15%) of the
cost of the said improvement within the said district in the sum
of $3,772.48.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Bennett, Ventura, Taylor, Gundersen, McCann
NAYS: Feenstra
The President declared the resolution adopted.
ILm20516
On a motion by Councilman Bishop, seconded by Councilman Taylor, it was
#693-83 RESOLVED, that having considered the report and recommendation
of the City Engineer dated August 19, 1983, which bears the signature of
the Finance Director, is approved by the Director of Public Works and is
approved for submission by the Mayor, the Council does hereby authorize
A. A. Dettore & Associates, 12550 Farmington Road, Livonia, Michigan 48150,
on a unit price basis to improve Flamingo from Lyndon to Nye, Flamingo
from Nye to Hoy and Hoy west of Henry Ruff for the estimated total cost of
$81,771.80 based upon the Engineering Division's estimate of units involved,
and subject to a final payment based upon the actual units completed, said
work to be added to an existing contract between the City of Livonia and
A. A. Dettore and for the construction of paving, water and sewer improve-
ments on Wayne Road, south of Seven Mile Road; further, the Council does
hereby appropriate a sum not to exceed $81,771.80 from the $7.9 million
general obligation road improvement bond issue with a provision that the
bond issue be reimbursed at such time as funds are available from the next
motor vehicle highway fund bond issue and/or special assessment bond issue;
Further, the Council does hereby authorize the said item without competi-
tive bidding for the reasons indicated in the aforesaid communication and
such action is taken in accordance with the provisions set forth in Section
3.0+.140 D, 5 of the Livonia Code of Ordinances, as amended; and the
Director of Public Works is hereby authorized to approve minor adjustments
in the work as required; and the Mayor and City Clerk are hereby authorized
to execute an amendatory contract for and on behalf of the City of Livonia,
with the aforesaid party and to do all other things necessary or incidental
for the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Bishop, Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann
NAYS: None
On a motion by Councilman Bennett, seconded by Councilwoman Gundersen,
it was
#694-83 WHEREAS, Jedtco Corporation on September 6, 1983 will make formal
application to the City of Westland, Michigan for an Industrial Facilities
Exemption Certificate pursuant to the Act 198 of the Public Acts of 1974
as amended, relating to a new facility leased by Jedtco Corporation within
the City, and
WHEREAS, said Act requires the consent by Resolution of the
municipality from which employment is transferred or reduced by reason of
the completion of a facility for which an Industrial Facilities Exemption
Certificate is sought, and
WHEREAS, Jedtco Corporation will transfer 45 employees from 12502
Globe Avenue, Livonia, Michigan to its new facility in Westland on or about
November 1, 1983, and
20517
WHEREAS, City of Livonia after reviewing the Jedtco Corporation
request, has determined that there will be no material or adverse impact
on Livonia, Michigan by Reason of such consent, now, therefore,
BE IT RESOLVED That the City of Livonia does hereby consent to the
transfer by Jedtco Corporation of all of its employees from its Globe
Avenue facility to its Westland facility on or after November 1, 1983.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann
NAYS: Bishop
The President declared the resolution adopted.
On a motion by Councilman Ventura, seconded by Councilman Feenstra, it was
#695-83 RESOLVED, that having considered the report and recommendation
of the Department of Law, dated August 22, 1983, approved by the Planning
Director and approved for submission by the Mayor, the Council does hereby
authorize the execution of the attached stipulation for consent judgment
and the entry of consent judgment in Wayne County Circuit Court Civil
Action #i8-901-525-CE, entitled Amoco Oil Company V City of Livonia, et al.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Ventura, Taylor, Feenstra, Gundersen, McCann
NAYS: Bishop
The President declared the resolution adopted.
On a motion by Councilman Bishop, seconded by Councilwoman Gundersen,
it was
#696-83 RESOLVED, that having considered a communication from the City
Planning Commission dated July 28, 1983, which transmits its resolution
8-1511-83 adopted on July 19, 1983, with regard to Petition 70-11-2-25,
submitted by McDonalds Corporation wherein revisions are requested to the
site plan submitted in connection with Petition 70-11-2-25 to incorporate
a customer service convenience window at the restaurant located on the west
side of Middlebelt Road between Five Mile Road and Wentworth in the
Southeast 1/4+ of Section 14, the Council does hereby concur in the recom-
mendation made by the City Planning Commission and the said revisions (as
revised) to site plan are hereby approved and granted, such approval to be
based upon the same conditions as those set forth in the aforesaid recom-
mendation of the Planning Commission.
lir A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Bennett, Ventura, Taylor, Gundersen, McCann
NAYS: Feenstra
The President declared the resolution adopted.
20518
On a motion by Councilman Bishop, seconded by Councilman Taylor, it was
#697-83 RESOLVED, that having considered a communication from the City
Planning Commission dated July 27, 1983, which transmits its resolution
7-153-83 adopted on July 19, 1983, with regard to Petition 80-6-2-20,
submitted by McDonalds Corporation wherein revisions are requested to the
site plan submitted in connection with Petition 80-6-2-20 to incorporate
a customer service convenience window at the restaurant located on the
west side of Farmington Road, north of Seven Mile Road in the Southeast
1/4 of Section 4, the Council does hereby concur in the recommendation
made by the City Planning Commission and the said revisions to site plan
are hereby approved and granted, such approval to be based upon the same
conditions as those set forth in the aforesaid recommendation of the
Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Bennett, Ventura, Taylor, Gundersen, McCann
NAYS: Feenstra
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was
ImoRESOLVED, that having considered a communication from the City
Planning Commission, dated May 31, 1983, which sets forth its resolution
5-86-83 adopted on May 17, 1983, with regard to Petition 83-3-2-10
submitted by Thomas Schuon, requesting waiver use approval to expand an
existing business on the south side of Eight Mile Road between Merriman
and Osmus in the Northeast 1/4 of Section 3, which property is zoned C-2,
and the Council having conducted a public hearing with regard to this
matter on July 11, 1983, pursuant to Council Resolution 429-83, the
Council does hereby concur in the recommendation of the City Planning
Commission and the said Petition 83-3-2-10 is hereby denied for the same
reasons as those set forth in the action taken by the Planning Commission.
On a substitute motion by Councilman Bennett, seconded by Councilman
Bishop, it was
#698-83 RESOLVED, that having considered a communication from the City
Planning Commission, dated May 31, 1983, which sets forth its resolution
5-86-83 adopted on May 17, 1983, with regard to Petition 83-3-2-10 sub-
mitted by Thomas Schuon, requesting waiver use approval to expand an
existing business on the south side of Eight Mile Road between Merriman
and Osmus in the Northeast 1/4 of Section 3, which property is zoned C-2,
and the Council having conducted a public hearing with regard to this
matter on July 11, 1983, pursuant to Council Resolution 429-83, the
Council does hereby refer this item to the Committee of the Whole for its
Imo report and recommendation.
20519
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Bennett, Ventura, Gundersen, McCann
NAYS: Taylor, Feenstra
The President declared the resolution adopted.
On a motion by Councilman Feenstra, seconded by Councilman Bishop, and
unanimously adopted, it was
#699-83 RESOLVED, that having considered a communication from the City
Planning Commission dated July 1, 1983, which transmits its resolution
6-123-83 adopted on June 21, 1983, with regard to Petition 83-6-2-22,
submitted by Mohamed Sayed requesting waiver use approval to utilize an
SDD License within a party store proposed to be constructed on the west
side of Middlebelt between Schoolcraft and Bentley in Section 23, which
property is zoned C-1, the Council does hereby reject the recommendation
of the Planning Commission and Petition 83-6-2-22 is hereby approved and
granted, such approval tote made subject to submission and approval of a
site plan by the Council.
On a motion by Councilman Taylor, seconded by Councilman Bishop, and
unanimously adopted, it was
#700-83 RESOLVED, that having considered a communication from the City
Planning Commission dated July 1, 1983, which transmits its resolution
6-124-83 adopted on June 21, 1983, with regard to Petition 83-6-2-23,
submitted by Mohamed Sayed requesting waiver use approval to utilize an
SDM License within a party store proposed to be constructed on the west
side of Middlebelt between Schoolcraft and Bentley in Section 23, which
property is zoned C-1, the Council does hereby reject the recommendation
of the Planning Commission and Petition 83-6-2-23 is hereby approved and
granted.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#701-83 RESOLVED, that having considered a communication from the City
Planning Commission dated June 28, 1983 which transmits its resolution
6-127-83 adopted on June 21, 1983 with regard to Petition 83-5-6-3
initiated by the City Planning Commission on its own motion to amend
Section 11.03(q) of Zoning Ordinance #543, so as to revise the regulations
concerning enclosed theaters in C-2 zoning districts, and the City Council
having conducted a public hearing with regard to this matter on August 17,
1983, pursuant to Council Resolution 556-83, the Council does hereby refer
this matter to the Legislative Committee for its report and recommendation.
20520
On a motion by Councilwoman Gundersen, seconded by Councilman Bishop, and
unanimously adopted, it was
#702-83 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in Council Resolution #57)4-82 so as to permit
consideration of several items that do not appear on the agenda.
On a motion by Councilman Taylor, seconded by Councilwoman Gundersen, and
unanimously adopted, it was
#703-83 RESOLVED, that having considered a communication from the Pres-
tole Corporation dated August 31, 1983, in connection with the P.A. 198
application which was originally scheduled for a Public Hearing on October
10, 1983, the Council does hereby determine to establish the date of
October 17, 1983 as the date for conducting a Public Hearing in this
regard, at 7:00 p.m. at the Livonia City Hall, 33000 Civic Center Drive,
Livonia, Michigan, and the City Clerk is hereby requested to do all other
things necessary or incidental to the full performance of this resolution.
By Councilwoman Gundersen, seconded by Councilman Bishop, and unanimously
adopted, this 1013th Regular Meeting of the Council of the City of Livonia was duly
adjourned at 9:05 p.m., August 31, 1983.
4RO ,RT F. NASH, CITY CLERK