HomeMy WebLinkAboutCOUNCIL MINUTES 1983-05-18 20339
MINUTES OF THE ONE THOUSAND AND SIXTH REGULAR MEETING
LOF THE COUNCIL OF THE CITY OF LIVONIA
On May 18, 1983, 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 8:03 p.m. . Councilwoman Gundersen delivered the
invocation. Roll was called with the following result: Present: Robert E. McCann,
Alice Gundersen, Robert R. Bishop, Robert D. Bennett, Peter A. Ventura, Gerald
Taylor, and Fernon Feenstra. Absent: None.
Elected and appointed officials present: Edward H. McNamara, Mayor;
Robert F. Nash, City Clerk; Patricia Miencier, Deputy City Clerk; Harry C. Tatigian,
City Attorney; Jack Dodge, Finance Director; Michael Reiser, Emergency Preparedness
Coordinator; G. E. Siemert, City Engineer; H. G. Shane, Asst. Planning Director;
John Hillman, Zoning Board of Appeals; Ron Reinke, Supt. Parks & Recreation; Robert
LTurner, Police Chief; Ron Mardiros, Assessor; Robert Osborn, Director of Public
Works; and Rudy Kleinert, Director of Public Safety - Fire.
By Councilman Ventura, seconded by Councilman Taylor, and unanimously
adopted, it was
#351-83 RESOLVED, that the minutes of the 1005th Regular Meeting of
the Council of the City of Livonia, held May ii, 1983, are hereby approved.
The following resolution was unanimously introduced, supported and adopted:
#352-83 WHEREAS, John Stymelski has served the City of Livonia as
Director of the Livonia Veteran's Office since 1976; and
WHEREAS, he has also served as the Coordinator of the Livonia
Memorial Day Activities since 1965; and
WHEREAS, he has also served as a member of the Livonia School
Board from July 1969 thru June 1973; and
WHEREAS, he has also served as a Member of the Livonia Traffic
Commission for fifteen years; and
LWHEREAS, he has also served the City of Livonia by establishing
the practice of the mailing of letters from the Mayor to Livonia resident
enlistees of Military Service, including the sending of a birthday card
and Christmas card to each enlistee of record while in service; and
WHEREAS, he personally served in the United States Army for
22 1/2 years; and
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WHEREAS, he is a member of: Veterans of Foreign Wars Post #3941;
Polish Legion of American Veterans Post #166; and Disabled American
Veterans Chapter #114; and
WHEREAS, he has dedicated his life to serving America, Veterans,
and all who wear a U.S. Military Uniform, both regular and reserve;
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council
of the City of Livonia do hereby take this means, on the occasion of his
retirement, to publicly commend and congratulate John Stymelski for his
years of devoted service to this City, and to express the sincere hope that
he will remain in our midst for years to come as a friend, neighbor and
counselor.
The communication from the Director of Finance dated April 27, 1983,
transmitting various financial statements for the month ending March 31, 1983, was
received and placed on file for the information of the Council.
The communication from the CETA Program Administrator transmitting copies
of the March 31, 1983 federally required Quarterly Reports relative to the City of
Livonia CETA Program, was received and placed on file for the information of the
Council.
The following resolutions were offered by Councilman Feenstra and
seconded by Councilwoman Gundersen:
#353-83 RESOLVED, that having considered a letter dated April 6, 1983,
from the City Engineer, approved by the Director of Public Works and
approved for submission by the Mayor recommending that a 60 foot wide
right-of-way be dedicated for public road purposes adjacent to City-owned
property in the S. E. 1/4 of Section 30, the Council does hereby determine
to dedicate and relinquish a 60 foot right-of-way being more particularly
described as follows:
The East sixty (60) feet of the following described parcel of
land:
That part of the S.E. 1/4 of Section 30 described as beginning
at a point on the East line of said section distant N. 0°04'20"
East 1,098.14 feet from the intersection of said East line and
the center line of Plymouth Road and proceeding thence due West
1,153.85 feet, thence N 0°05' East 377.54 feet, thence due East
1,153.79 feet to the East line of Section 30, thence S. 0°04'20"
West along said East line 377.54 feet to point of beginning.
(Newburgh Road right-of-way - Part of Bureau of Taxation
Parcel 30 YZ)
and, the Council does further request that the Wayne County Bureau of
Taxation record such right-of-way dedication on all maps issued by that
office and further, that the City Clerk is hereby requested to forward a
certified copy of this resolution to the Wayne County Register of Deeds.
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#354-83 RESOLVED, by the City Council of the City of Livonia, that the
First Annual Christmas Parade be, and hereby is approved, for Saturday,
November 19, 1983, beginning at 9:00 a.m. , and that the Wayne County Road
Commission is hereby requested to close southbound Middlebelt between
Norfolk and Seven Mile Road, and westbound Seven Mile Road between
Middlebelt and Purlingbrook on November 19, 1983, between the hours of
8:30 a.m. and 10:00 a.m. or until the road is returned to normal traffic
operation; further, that the City agrees to assume liability for any
damage claims which may arise as a result of the said road closure, and
that Lt. Russell E. McQuaid is hereby designated and authorized to sign
the road closure permit in behalf of the City; also, the waiver of permit
fees is requested as great benefits will be realized by the citizens and
the City's business, commercial, education and labor communities.
#355-83 RESOLVED, that having considered a communication from the
Superintendent of Parks and Recreation dated April 19, 1983, approved by
the Finance Director and approved for submission by the Mayor, which trans-
mits Parks and Recreation Commission resolution #1695-83, wherein it is
recommended that figure skating lessons fees be established at the rate of
$22 for 10 weeks for residents and $30 for ten weeks for non-residents
beginning with the Fall session in 1983, the Council does hereby concur in
and approve of this action.
#356-83 RESOLVED, that having considered a communication from the
Superintendent of Parks and Recreation dated April 28, 1983, approved by
the Finance Director and approved for submission by the Mayor Pro Tem, the
Council does hereby for and on behalf of the City of Livonia accept the
donation of four (4) picnic shelters from the Livonia Rotary Club and does
further approve and authorize the location of same east of the tennis
courts at the Rotary Park as shown in the attached architects' drawings
and site plan; further, the Council does hereby authorize the waiver of
fees for building permits in connection with this item.
#357-83 RESOLVED, that having considered a communication from the Super-
intendent of Parks and Recreation dated April 28, 1983, approved by the
Finance Director and approved for submission by the Mayor Pro Tem, the
Council does hereby for and on behalf of the City of Livonia accept the
donation of 20 Pole Pads for the light poles on the ball diamonds at Ford
Field from the Livonia Anniversary Committee, Inc. , the estimated value of
which is $3,200.
#358-83 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission dated February 15, 1983, and the report and
recommendation of the Chief of Police dated April 20, 1983 in connection
therewith, the Council does hereby recommend approval of the request from
Stoyan Bros., Inc. for dropping Mijal Stoyanovich and Krste Klunkovski as
stockholders in 1982 Class C licensed business with dance-entertainment
permit and two bars, located at 36071 Plymouth Road, Livonia, Mi. 48150,
Wayne Co., through sale of their shares to new stockholder, Drage
Stoyanovich and existing stockholder, Petre Stoyanovich; and the City
Clerk is hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission.
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#359-83 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission dated March 23, 1983, and the report and recom-
mendation of the Chief of Police dated May 4, 1983 in connection therewith,
the Council does hereby recommend approval of the request from Lon P.
Roarty, Trust, Sandra L. Mills, Trustee, Stockholder in Cheers Enterprises,
Inc. ; Sandra L. Mills, Stockholder in Cheers Enterprises, Inc. ; Richard A.
Mills, Stockholder in Cheers Enterprises, Inc., to transfer ownership of
1982 Class "C" and SDM licensed business with dance permit, from Jule R.
Famularo and Pauline E. Famularo, located at 14950 Middlebelt Road, Livonia;
MI. 48150, Wayne County; and the City Clerk is hereby requested to forward
a certified copy of this resolution to the Michigan Liquor Control Com-
mission.
#360-83 RESOLVED, that having considered the report and recommendation of
the City Engineer dated April 28, 1983 which bears the signature of the
Finance Director, is approved by the Director of Public Works and is
approved for submission by the Mayor Pro Tem, the Council does hereby
authorize the demolition and removal of the vacant home located at 11684
Cardwell by the Capital Wrecking Co., Inc., P. 0. Box 165, Southfield,
Michigan 48037 for the price of $1,530, the same to be appropriated and
expended from Community Development Block Grant funds; further, the
Council does hereby authorize the said item without competitive bidding
for the reasons indicated in the aforesaid communication, and such action
is taken in accordance with the provisions set forth in Section 2-213(d)(4)
and (5) of the Livonia Code of Ordinances, as amended.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
On a motion by Councilman Bennett, seconded by Councilman Bishop, and
unanimously adopted, it was
#361-83 RESOLVED, that having considered the report and recommendation of
the Streets, Roads &; Plats Committee dated May 3, 1983 and submitted
pursuant to Council Resolution 769-82 in connection with a communication
from the Livonia Traffic Commission, dated October 6, 1982, with regard
to the effect of the proposed relocation and improvement of Mayfield
relative to traffic in the area, the Council does hereby refer this
matter to the City Engineer for further study and a report and recommenda-
tion considering several new suggestions, including jogging the road as a
gravel road or jogging the road as a paved road, boulevard treatment at
the south end to save the trees, and cul-de-sac treatment at the halfway
point; further, the Council does hereby request the reports and
recommendations of the Planning Department and the Inspection Department
regarding the status of conformance of the Hugh Leavell office building
site plan.
On a motion by Councilman Bennett, seconded by Councilman Taylor, it was
#362-83 RESOLVED, that having considered the report and recommendation of
the Streets, Roads & Plats Committee dated May 3, 1983 and submitted
pursuant to Council Resolution 266-83 in connection with a communication
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liw from the City Engineer, dated March 14, 1983, approved by the Director
of Public Works and approved for submission by the Mayor, the above
communication having attached thereto lists of new sidewalks at various
locations in the City of Livonia, said lists being included herein by
reference, and for the reasons stated, the Council does hereby require
the respective owners of lots and premises referred to in said lists to
construct and install sidewalks at such premises with respect to the
following locations:
(1) I-96 North Service Road (Schoolcraft Road) from Hix
Road to Yale, excluding that portion of the I-96 North
Service Road which lies between Levan and Newburgh Roads;
(2) Both sides of Middlebelt Road from Plymouth Road to I-96;
(3) Add to the Project sidewalks on the north side of Schoolcraft
Road in front of 32032 and 32080 Schoolcraft Road;
and the City Clerk is hereby requested to do all things necessary to
carry out the provisions of this resolution which is made pursuant to
Section 5-137 of Title 5, Chapter 1 of the Livonia Code of Ordinances,
as amended; further, said notice shall set forth that the respective
owners of lots and premises herein referred to shall complete said side-
walks on or before July 1, 1983, after which date the Engineering/
Inspection Division shall arrange for the construction of said sidewalks;
further, the Council does hereby authorize the installation of sidewalks,
crosswalks, and curb cut work at various locations indicated on the
attached lists inasmuch as same are the City of Livonia's responsibility;
further, the Council does hereby appropriate a sum not to exceed $2,000
from the $7.9 million general obligation road improvement bond issue to
cover the city's portion of the program; and further, the Engineering/
Inspection Division is hereby requested to finalize plans and specifi-
cations and arrange for the taking of bids for the 1983 new sidewalk
construction program, which program will include all required work which
has not been completed by private property owners by July 1, 1983.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Taylor, Feenstra, McCann
NAYS: Ventura
The President declared the resolution adopted.
On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was
#363-83 RESOLVED, that having considered the report and recommendation of
the Streets, Roads & Plats Committee, dated May 3, 1983 and submitted
pursuant to Council Resolution 267-83 in connection with a communication
from the City Engineer, dated March 11, 1983, approved by the Director of
Public Works and approved for submission by the Mayor, to which is
attached a list of sidewalks requiring repair and/or replacement at
various locations throughout the City of Livonia, said list being included
herein by reference, and for the reasons stated, the Council does hereby
require the respective owners of lots and premises referred to in said
list to repair or to remove and replace sidewalks at such premises, and
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the City Clerk is hereby requested to do all things necessary to carry out
the provisions of this resolution which is made pursuant to Section 5-137
of Title 5, Chapter 1 of the Livonia Code of Ordinances, as amended;
further, said notice shall set forth that the respective owners of lots and
premises herein referred to shall complete said sidewalk repairs or removal
and replacement work by no later than July 15, 1983, after which date the
Engineering/Inspection Division shall arrange for the reconstruction of
the said sidewalks; further, the Council does hereby request that the Wayne
County Road Commission arrange for the repair or the removal and replacement
of approximately 250 square feet of sidewalk adjacent to the water storage
tank site on West Chicago, the Livonia Board of Education arrange for the
repair or removal and replacement of approximately 25 square feet of side-
walk adjacent to the Wilson Elementary School on West Chicago, and the
Clarenceville Board of Education to arrange for the repair or removal and
replacement of approximately 75 square feet of sidewalk adjacent to the
Clarenceville Senior High School on Middlebelt.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
On a motion by Councilman Bennett, seconded by Councilman Taylor, and
unanimously adopted, it was
#364-83 RESOLVED, that having considered the report and recommendation of
the Streets, Roads Plats Committee dated May 3, 1983 and submitted
pursuant to Council Resolution 86-81 in connection with a communication
from the City Engineer, dated November 13, 1980, approved by the Director
of Public Works and approved for submission by the Mayor, and submitted
pursuant to the requirements set forth in Section 9-116 (m) of the Livonia
Code of Ordinances, as amended, with respect to a proposed ornamental
street lighting system for the Ravines of Bell Creek Subdivision, located
in the SW 1/4 of Section 15, the Council does hereby, pursuant to Section
9-119, waive and modify the improvement requirements set forth in Section
9-116(m) relative to street lighting with regard to the said Ravines of
Bell Creek Subdivision for the reason that such improvement would cause
undue hardship in this case and would not be necessary or otherwise in the
best interests of the City.
On a motion by Councilman Bennett, seconded by Councilwoman Gundersen, and
unanimously adopted, it was
#365-83 RESOLVED, that having considered the report and recommendation of
the Streets, Roads & Plats Committee dated May 3, 1983 and submitted pursuant
to Council Resolution 288-83 in connection with the question of overall
policy of the City concerning the costs of cutting weeds in public rights-
of-way, the Council does hereby determine to take no further action.
On a motion by Councilman Bishop, seconded by Councilman Feenstra, it was
#366-83 RESOLVED, that having considered the report and recommendation of
the Legislative Committee dated May 5, 1983 and submitted pursuant to
Council Resolution 784-80 in connection with a communication from the City
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Planning Commission dated June 4, 1980, which sets forth its resolution
5-134-80 adopted on May 20, 1980, with regard to Petition 80-4-6-6,
submitted by the City Planning Commission to amend Section 21.09(e),
Determination of Appeal, of Ordinance No. 543, to incorporate language
pursuant to a recent amendment to the City/County Zoning Act, and to amend
Section 21.08, Limitations on the Powers of the Zoning Board of Appeals,
of Ordinance No. 543, and the Council having conducted a public hearing
with regard to this matter on July 21, 1980, pursuant to Council Resolution
622-80, the Council does hereby concur in the recommendation of the Plan-
ning Commission and the said Petition 80-4-6-6 is hereby approved and
granted, with the exception of deleting the words of "or body" in Section
21.09(e), and the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
On a motion by Councilman Bishop, seconded by Councilman Taylor, it was
#367-83 RESOLVED, that having considered the report and recommendation of
the Legislative Committee dated May 5, 1983 and submitted pursuant to
Council Resolution 532-81 in connection with a communication from the
City Planning Commission, dated March 23, 1981, which sets forth its
resolution 3-39-81 adopted on March 10, 1981, with regard to Petition
81-2-6-2 submitted by the City Planning Commission to amend Sections 10.08,
11.09 and 30.09, Front, Side and Rear Yard requirements of Ordinance
No. 543, relating to the parking or storage of merchants' delivery vehicles
in C-1, C-2 and C-3 zoning districts, and the Council having conducted a
public hearing with regard to this matter on May 20, 1981, the Council does
hereby concur in the recommendation of the Planning Commission and the said
Petition 81-2-6-2 is hereby approved and granted; and the Department of Law
is hereby requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
On a motion by Councilman Bishop, seconded by Councilman Feenstra, and
unanimously adopted, it was
#368-83 RESOLVED, that having considered the report and recommendation of
the Legislative Committee dated May 5, 1983 and submitted pursuant to
Council Resolution 909-81 in connection with the question of whether or not
the language in Section 8-210 of the Livonia Code of Ordinances, with
respect to prohibited use of parks and playgrounds should be revised, the
Council does hereby determine to take no further action.
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Councilman Bishop gave first reading to the following Ordinance:
AN ORDINANCE AMENDING CHAPTER 2 (MISDEMEANORS)
OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES,
AS A 1m 'ED, BY ADDING SECTION 8-263 THERETO.
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 Bishop, seconded by Councilman Feenstra, and
unanimously adopted, it was
#369-83 RESOLVED, that having considered the report and recommendation
of the Legislative Committee dated May 5, 1983 in connection with a
communication from the City Planning Commission, dated November 13, 1981,
submitted pursuant to Council Resolution 847-81 and which transmits a
proposed amendment to the Livonia Code of Ordinances, Sections 3-537 and
3-544, in connection with the screening of trash dumpsters in C-1, C-2,
C-3, C-4, P.S., P.O. and P.L. districts, the Council does hereby refer this
item to the City Planning Commission for additional study, clarification
and a new report and recommendation.
Councilman Feenstra having previously given second reading to the following
Ordinance:
AN ORDINANCE AMENDING TITLE 3, CHAPTER 6
(SWIMMING POOLS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED, BY REPEALING
SECTION 3-614(d) THEREOF.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
On a motion by Councilman Bishop, seconded by Councilman Taylor, it was
#370-83 RESOLVED, that having considered the report and recommendation
of the Legislative Committee dated May 5, 1983 in connection with a
communication from the City Planning Commission dated January 25, 1983,
which sets forth its resolution 1-9-83 adopted on January 8, 1983 with
regard to Petition 82-11-6-7 submitted by the City Planning Commission on
its own motion to amend Section 18.42 of Zoning Ordinance 543, to
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incorporate regulations pertaining to the location and height of television
and radio tower and satellite discs, etc., within the City, and the
Council having conducted a public hearing with regard to this matter on
March 16, 1983 pursuant to Council Resolution 102-83, the Council does
hereby request that the City Planning Commission conduct a new public
hearing and thereafter submit its report and recommendation on the
question of whether or not to amend or revise section 18.42 of Ordinance
543, so as to provide controls on screening, use of satellite antenna as
signs, locations on roof tops and other controls.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
Councilman Bishop took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING CHAPTER 2 (MISDEMEANORS)
OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED) BY ADDING SECTION 8-264 THERETO.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING TITLE 5 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED, BY ADDING CHAPTER 18 THERETO.
RE: AWARD OF A NON-EXCLUSIVE FRANCHISE TO METROVISION
OF LIVONIA, INC.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
LThe President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
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A. $20 per session for half day sessions
B. $40 per session for full day sessions
C. $50 per two week session for non resident participants in
the handicapped program.
The Council does hereby concur in and approve of this action; further the
Council does hereby appropriate and authorize the transfer of the sum of
$4,800 from the expended fund balance account to Account #101-709-702.000
with the provision that the aforesaid account be reimbursed through the
charging of fees for this program; and the Council does hereby authorize
the transfer of the additional sum of $1,200 from Account #101-717-702.000
to Account #101-709-102.000 for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
On a motion by Councilman Ventura, supported by Councilman Taylor, it was
#374-83 RESOLVED, that having considered a communication from the City
Clerk dated May 3, 1983 in connection with costs incurred for the new
codification of the Livonia Code of Ordinances by Book Publishing Co.,
Seattle, Washington, which proposal was originally authorized in Council
Resolution 60-81, adopted on January 28, 1981, the Council does hereby
appropriate the sum of $13,256.38 from the unexpended fund balance account
to be transferred to account #101-111-904.000.000 for the purpose of
making final payment to the said book Publishing Company.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: Bishop
The President declared the resolution adopted.
On a motion by Councilwoman Gundersen, seconded by Councilman Taylor, it '! '
was
#375-83 RESOLVED, that having considered a communication from the City
Planning Commission dated April 20, 1983 which transmits its resolution
4-68-83 adopted on April 12, 1983, with regard to Petition 83-3-2-8,
submitted by Wendy's International Inc., requesting waiver use approval to
construct and operate a restaurant on the west side of Middlebelt between
Seven Mile and Clarita, in the Northeast 1/4 of Section 11, which property
is zoned C-2, the Council does hereby concur in the recommendation made by
the City Planning Commission and Petition 83-3-2-8 is hereby approved and
granted, such approval to be based upon the same conditions as those set
forth in the aforesaid recommendation of the Planning Commission with the
exception, however, that the site plan is hereby approved as submitted and
that the Planning Commission's deletion of the outside drive-up service
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On a motion by Councilman Ventura, seconded by Councilman Bishop, and
imp unanimously adopted, it was
#371-83 RESOLVED, that the question of whether or not a standing
committee of the Council should be established with respect to Cable
television matters, is hereby referred to the Committee of the Whole
for its consideration.
Councilman Taylor gave first reading to the following Ordinance:
AN ORDINANCE CONCERNING THE GOVERNMENT OF THE CITY
OF LIVONIA, MICHIGAN, ADOPTING AND ENACTING A NEW
CODE OF GENERAL ORDINANCES AS HEREIN CHANGED, OR-
DAINING NEW PROVISIONS, ADOPTING TECHNICAL WORKS,
AND REPEALING CERTAIN ORDINANCES EXCEPT AS HEREIN
EXPRESSLY SAVED FROM REPEAL, AND PROVIDING FOR THE
EFFECTIVE DATE OF SAID CODE.
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 Ventura, seconded by Councilman Feenstra, it was
#372-83 RESOLVED, that having considered a communication from the
Department of Law, dated May 3, 1983, approved by the Director of Finance
and approved for submission by the Mayor Pro Tem, which submits a
proposed agreement for summer tax collection between the City of Livonia
and the Oakland Schools School District, the Council does hereby request
and authorize the Mayor and City Clerk, foram' on behalf of the City of
Livonia, to execute the said agreement in the manner and form herein
submitted, as well as to do all other things necessary or incidental to
the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
Agenda items 14, 15, and 16 were deferred for consideration until later in the
meeting by direction of the President.
On a motion by Councilman Bishop, supported by Councilman Feenstra, it was
#373-83 RESOLVED, that having considered communications from the Super-
intendent of Parks and Recreation dated April 19, 1983 and May 16, 1983,
approved by the Finance Director and approved for submission by the Mayor,
wherein it is recommended by the Parks and Recreation Commission that the
following Summer Day Camp rates be established:
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window and remote order station is hereby rejected; further, the Council
imr does hereby require compliance with the following additional conditions:
(1) eliminate parking spaces 60 & 61 and replace the same
with landscaping; and
(2) eliminate the pylon sign and replace with a monument sign
of the same brick as used in the building.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Ventura, Taylor, Feenstra, McCann
NAYS: Bennett
The President declared the resolution adopted.
On a motion by Councilman Bishop, seconded by Councilman Feenstra, it was
#376-83 RESOLVED, that having considered a communication from the City
Planning Commission dated February 28, 1983 which sets forth its resolu-
tion 2-25-83 adopted on February 15, 1983 with regard to Petition 83-1-1-2
submitted by Parkside Credit Union for a change of zoning of property
located on the North side of Van Court Avenue between Raleign and Levan
Road in the North 1/2 of Section 12, from RUF to P, and the Council having
conducted a public hearing with regard to this matter on May 2, 1983
pursuant to Council Resolution 211-83, the Council does hereby concur in
part and reject in part the recommendation of the Planning Commission and
the said Petition 83-1-1-2 is hereby approved and granted with the excep-
tion of the southerly 30 feet of lots 16 and 17 which is hereby denied as
an intrusion into the adjacent residential neighborhood; and the City
Planner is hereby instructed to cause the necessary map for publication to
be prepared indicating the zoning change herein approved and to furnish
the same to the Department of Law and, upon receipt of such map, the
Department of Law is requested to prepare an ordinance amending Ordinance
No. 543, as amended, in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Feenstra, McCann
NAYS: Taylor
The President declared the resolution adopted.
On a motion by Councilman Ventura, seconded by Councilman Feenstra, and
unanimously adopted, it was
#377-83 RESOLVED, that the Council does hereby request that the Planning
Department submit its report and recommendation as to the amount of land-
scaping which shall be required in connection with the site plan to be
submitted for the property involved in Petition 83-1-1-2.
Councilman Taylor gave first reading to the following Ordinance:
20351
AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP
1110 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.
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 Bennett, seconded by Councilman Taylor, it was
#378-83 RESOLVED, that having considered the report and recommendation of
the Committee of the Whole dated May 11, 1983 and submitted pursuant to
Council Resolution 301-83 in connection with the report and recommendation
of the Chief of Police dated April 1, 1983, which bears the signature of
the Mayor, Acting Fire Chief and the Chief Accountant with regard to
proposed computer maintenance agreements for software and hardware and the
monthly charges for each agreement, which agreements are detailed as
follows:
Agreement #1 Digital Equipment Corporation #81057440H - renewal
of Basic Service on 11/70 serial #11-80059334H
Software Basic Service Monthly Charge $ 781.00
Agreement #2 Digital Equipment Corporation #82017504D
DEC Service Agreement
MIS Hardware maintenance
Monthly Charge $ 2,578.00
Agreement #3 Digital Equipment Corporation
#820175o3D
DEC Service Agreement
CAD hardware maintenance
Monthly Charge $ 2,083.00
Agreement #4 Digital Equipment Corporation
#81016o82D
Field Service Agreement
Word Processing Service
Monthly Charge $731 changed on
March 16, 1983 to $ 719.00
Aareepment 45 Digital Equipment Corporation
(Contract is forthcoming from
Digital - we do not have this
service at this time)
I.A.S. and DECNET
Software support for CAD
Monthly Charge $565 with telephone
support. On July 1, 1983 reduced
monthly charge to $310 without
telephone support. $ 310.00*
(1)
20352
Agreement #6 Motorola Communications Electronics, Inc.
#820148154A
Service contract for hardware
M.C.P. and consoles.
Monthly Charge $ 1,614.00
(See Council Resolution #92-83)
Agreement #7 Motorola Communications L Electronics, Inc.
Software support on CAD system
We are presently under warranty until
December 31, 1983. Monthly charge to
begin January 1, 1984 (to June 30, 1984).
The exact amount unknown but believed to
be approximately $1,000 per month.
The Council does hereby approve and authorize the aforesaid Existing
Maintenance Agreement for the period through June 30, 1984; further, the
Council does hereby authorize the immediate implementation of Agreement
#5 (I.A.S. and DECNET) and Agreement #7 on January 1, 1984; and the
Council does hereby authorize the transfer of the sum of $8,500 from
Account #101-310-702-000-000 to Account #101-310-851-010-000 to cover any
price fluctuations and repairs if needed to the dictaphone equipment; and
the Council does hereby authorize the transfer of the sum of $4,668 from
Account #101-336-934-000-000 to Account #101-310-851-010-000 to expedite
payment procedures and allow for all public safety computer costs to be
taken from one account; further the Council does hereby authorize the
aforesaid agreement without competitive bidding for the reasons indicated
in the aforesaid communication and such action is taken in accordance with
the provisions set forth in Section 2-213(d)(5) of the Livonia Code of
Ordinances, as amended.
*(1) This agreement, when implemented, will become part of
Agreement #1.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: Gundersen
The President declared the resolution adopted.
On a motion by Councilman Bennett, seconded by Councilman Taylor, it was
#379-83 RESOLVED, that having considered the report and recommendation of
the Committee of the Whole dated May 11, 1983 and submitted pursuant to
Council Resolution 324-83 in connection with a communication from the
Acting Fire Chief dated April 6, 1983, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of a LQPO2-AA Printer and
related accessories from the Digital Equipment Corporation, 21333 Haggerty
Road, Novi, Michigan 48050, for use by the Livonia Fire Department, for
the price of $5,915, the same to be appropriated and expended from the
1968 Fire Department General Obligation Bond Issue.
A roll call vote was taken on the foregoing resolution with the following result:
20353
AYES: Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: Gundersen
The President declared the resolution adopted.
Councilwoman Gundersen wants the record to show she voted no because she felt
the price was too high.
On a motion by Councilman Bishop, seconded by Councilman Taylor, and
unanimously adopted, it was
#380-83 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in Council Resolution #574-82 so as to permit
consideration of several items that do not appear on the agenda.
On a motion by Councilman Feenstra, seconded by Councilman Taylor, it was
#381-83 RESOLVED, that having considered a communication from the City
Planning Commission dated March 18, 1983 which sets forth its resolution
3-53-83, adopted on March 15, 1983 with regard to Petition 80-1-2-1
submitted by Hugh Leavell requesting waiver use approval to use an existing
building located on the south side of Seven Mile Road between Loveland and
Mayfield in the Northwest 1/4+ of Section 10 for general office purposes,
which property is zoned P.S., and the Council having conducted a public
hearing with regard to this matter on May 2, 1983 pursuant to Council
Resolution 255-83, the Council does hereby concur in the recommendation of
the City Planning Commission and the said petition 80-1-2-1 is hereby
denied for the same reasons as those set forth in the action taken by the
Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
On a motion by Councilman Ventura, seconded by Councilman Feenstra, it was
RESOLVED, that having considered a communication from the City
Planning Commission, dated February 28, 1983 which sets forth its resolu-
tion 2-26-83 adopted on February 15, 1983 with regard to Petition 83-1-1-3
submitted by George and Rose Gargarian for a change of zoning on property
located on the west side of Middlebelt Road, North of Six Mile in the
Southeast 1/4 of Section 11, from P.S. to C-2, and the Council having
conducted a public hearing with regard to this matter on May 2, 1983,
pursuant to Council Resolution 211-83, the Council does hereby concur in
the recommendation of the Planning Commission and the said Petition 83-1-1-3
is hereby approved and granted; and the City Planner is hereby
20354
L instructed to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish the same to
the Department of Law and, upon receipt of such map, the Department of
Law is requested to prepare an ordinance amending Ordinance No. 543, as
amended, in accordance with this resolution.
On a motion by Councilman Bennett, seconded by Councilman Bishop, it was
#382-83 RESOLVED, that having considered a communication from the City
Planning Commission, dated February 28, 1983 which sets forth its
resolution 2-26-83 adopted on February 15, 1983 with regard to Petition
83-1-1-3 submitted by George and Rose Gargarian for a change of zoning on
property located on the West side of Middlebelt Road, North of Six Mile
Road in the Southeast 1/4 of Section 11, from P.S. to C-2, and the Council
having conducted a public hearing with regard to this matter on May 2,
1983, pursuant to Council Resolution 211-83, the Council does hereby refer
this item to the Committee of the Whole for further consideration.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura
NAYS: Taylor, Feenstra, McCann
LThe President declared the resolution adopted.
On a motion by Councilman Feenstra, seconded by Councilman Ventura, and
unariin. usly adopted, it was
#383-83 RESOLVED, that the Council of the City of Livonia hereby desig-
nates Robert Turner, Police Chief, as the authorized official to request
that Edward N. Hines Drive, from Ford Road to Haggerty Road, in Middle
Rouge Parkway, be temporarily closed to motorized traffic on the following
Saturday, May 14, 1983, between the hours of 7:00 a.m. and 1:00 p.m. for
the purpose of conducting the Pan American Games Selection Road Race, and
RESOLVED, that in order that adequate arrangements can be made for the
handling of traffic during the hours of closing, we designate Robert
Turner, Police Chief, to coordinate all activities with authorized repre-
sentatives of the Board of Wayne County Road Commissioners; and
RESOLVED, that the City Council of the City of Livonia hereby authorizes
the Mayor and City Clerk to sign, after issuance, the official permit with
the Board of County Road Commissioners of the County of Wayne, Michigan.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
L unanimously adopted, it was
#384-83 RESOLVED, that the Council does hereby amend and revise Council
Resolution 340-83, adopted on May 4, 1983, so as to provide that the
Council did therein rescind Council Resolution 817-82, adopted on November
17, 1982 in lieu of Council Resolution 709-82, adopted on October 6, 1982.
20355
On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was
#385-83 WHEREAS, pursuant to due and proper notice published and mailed
to all property owners in Special Assessment District No. 24+0 for a pro-
posed improvement consisting of a 31' wide full depth asphalt pavement
with concrete curbs and gutters (Alternate II) on Brentwood Avenue, south
of Seven Mile Road in Section 12 in the City of Livonia, Wayne County,
Michigan, as required by the provisions of the City Charter and Title 2,
Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing
thereafter having been held thereon on Monday, May 16, 1983 at the City
Hall, 33000 Civic Center Drive, Livonia, Michigan, and the City Council
having duly met and reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the district
portion of the cost of street improvement to be constructed in Special
Assessment District No. 240; and
WHEREAS, the City Council has heard and carefully considered all objections
made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, THAT:
(1) The City Council does hereby determine that the assessments set
forth in said Special Assessment Roll dated April 4, 1983, in
the amount of $210,02+.67, 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 Counci,
(2) Said Special Assessment Roll No. 21f0 is hereby approved and
confirmed in all respects;
(3) The amount of said roll shall be divided into fifteen (15)
equal annual installments with interest at the rate of eight
(8%) percent per annum on the unpaid balance of the assessment
from the date of confirmation. Said interest shall be payable
on each installment due date; provided, however, that after the
issuance of bonds in anticipation of the collection of the
unpaid assessments on the said special assessment roll, said
rate of interest shall be adjusted to a rate which is not more
than 1% above the average rate of interest borne by said bonds.
In such cases where the installments will be less than Ten
Dollars ($10.00) the number of installments shall be reduced so
that each installment shall be above and as near Ten Dollars
($10.00) as possible. The first installment shall be due and
payable December 1, 198+ and subsequent installments on December
1st of succeeding years;
(4) Pursuant to the provisions of Section 2-513 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 2-519 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 2-519. Any
20356
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 2-521 of the Livonia Code
of Ordinances; as amended, together with interest upon all
unpaid installments from December 1, 1983 and thereafter one (1)
installment shall be spread upon each annual tax roll together
with one (1) year's interest upon all unpaid installments, pro-
vided, however, that when any annual installment shall have been
prepaid in the manner provided in Title 2, Chapter 5 of the
Livonia Code of Ordinances, as amended, either within the sixty
(60) day period as provided by Section 2-520, or after the
expiration of the sixty (6o) day period as provided by Section
2-523 then there shall be spread upon the tax roll for such year
only the interest for all unpaid installments; and
(6) The City Council hereby determines to pay a portion of the cost
of the said improvement within the said district in the sum of
$193,969.21.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
On a motion by Councilman Taylor, seconded by Councilman Feenstra, it was
#386-83 RESOLVED, that having considered the report and recommendation of
the City Engineer dated April 25, 1983 which bears the signature of the
Finance Director, is approved by the Director of Public Works and is ap-
proved for submission by the Mayor Pro Tem, the Council does hereby accept
the unit price bid of Nagle Paving Company, 30630 W. 12 Mile, Farmington
Hills, Michigan for a paving improvement on Brentwood Avenue, south of
Seven Mile Road with an Alternate II type of improvement which is a 31'
wide full depth asphalt pavement with concrete curbs and gutters, in
accordance with plans and specifications as prepared by the Engineering
Division attached to the aforesaid communication, for the estimated total
cost of $353,633.60, based on the Engineering Division's estimate of units
of work involved and subject to the final payment based on the actual units
of work as constructed in accordance with the unit prices accepted herein,
said estimated cost and unit prices having been in fact the second lowest
bid and having provided the lowest bid for driveway approaches and the
bidder having been a local taxpayer; and the Council does hereby authorize
an advance in an amount not to exceed $353,633.60 from the $7.9 Million
General Obligation Road Improvement Bond Issue with the provisions that
(1) the Bond Issue be reimbursed for that portion of the project which is
to be financed by special assessments at such time as funds are available
from a future special assessment bond issue and (2) the Bond Issue be
reimbursed for the City's portion of the project from the next Motor
Vehicle Highway Fund Bond Issue, Water and Sewer Funds and Community
Development Funds, as appropriate; and the Director of Public Works is
hereby authorized to approve any minor adjustments in the work; and the
Mayor and City Clerk are hereby authorized to execute a contract for and
20357
on behalf of the City of Livonia with the aforesaid bidder and to do all
other things necessary or incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
On a motion by Councilman Feenstra, seconded by Councilman Bishop, it was
#387-83 WHEREAS, pursuant to due and proper notice published and mailed
to all property owners in Special Assessment District No. 241 for a
proposed improvement consisting of a 31' wide full-depth asphalt pavement
with concrete curbs and gutters (Alternate II) on Haller Avenue, Camden
Road and Hartel Avenue, North of Plymouth Road, in the South 1/2 of Section
25 in the City of Livonia, Wayne County, Michigan, as required by the
provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code
of Ordinances, as amended, a public hearing thereafter having been held on
Monday, May 16, 1983 at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, and the City Council having duly met and reviewed the special
assessments levied on the revised special assessment roll as prepared by
the City Assessor to cover the district portion of the cost of street
improvements to be constructed in Special Assessment District No. 241; and
WHEREAS, the City Council has heard and carefully considered all objections
made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, THAT:
(1) The City Council does hereby determine that the assessments
set forth in said revised Special Assessment Roll dated April
26, 1983, in the amount of $212,3+7.00, are fair and equitable
and based upon benefits to be derived by construction of improve-
ments 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. 241 is hereby approved and
confirmed in all respects;
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of eight (8%)
percent per annum on the unpaid balance of the assessment from
the date of confirmation. Said interest shall be payable on each
installment due date; provided, however, that after the issuance
of bonds in anticipation of the collection of the unpaid 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 ($10.00)
the number of installments shall be reduced so that each install-
ment shall be above and as near Ten Dollars ($10.00) as possible.
The first installment shall be due and payable December 1, 1984
and subsequent installments on December 1st of succeeding years;
20358
(4) Pursuant to the provisions of Section 2-513 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
2-519 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 2-519.
Any property owner assessed may, within sixty (60) days from
December 1, 1983 pay the whole or any part of the assessment
without interest or penalty;
(5) The first installment shall be spread upon the 1984 City tax
roll in the manner required by Section 2-521 of the Livonia
Code of Ordinances, as amended, together with interest upon all
unpaid installments from December 1, 1983 and thereafter one (1)
installment shall be spread upon each annual tax roll together
with one (1) year's interest upon all unpaid installments;
provided, however, that when any annual installment shall have
been prepaid in the manner provided in Title 2, Chapter 5 of the
Livonia Code of Ordinances, as amended, either within the sixty
(60) day period as provided by Section 2-520, or after the
expiration of the sixty (60) day period as provided by Section
2-523 then there shall be spread upon the tax roll for such year
only the interest for all unpaid installments; and
lip (6) The City Council hereby determines to pay a portion of the cost
of the said improvement within the said district in the sum of
$349,984.00.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
On a motion by Councilman Taylor, supported by Councilman Feenstra, it was
#388-83 RESOLVED, that having considered the report and recommendation of
the City Engineer dated April 25, 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 accept the
unit price bid of Cadillac Asphalt Co., 27575 Wixom, Novi, Michigan 48050,
for a paving improvement on Haller, Camden and Hartel, North of Plymouth
Road with an Alternate II type of improvement which is a 31' wide full-
depth asphalt pavement with concrete curbs and gutters, in accordance with
plans and specifications as prepared by the Engineering Division attached
to the aforesaid communication, for the estimated total cost of $456,083.50,
based on the Engineering Division's estimate of units of work involved and
subject to the final payment based on the actual units of work as construe-
ted in accordance with the unit prices accepted herein, said estimated cost
and unit prices having been in fact the lowest bid received for this item;
the action herein being made subject to and conditioned upon the City's
acquisition of required right-of-way on Camden, North of Plymouth Road; aid.
the Council does hereby authorize an advance in an amount not to exceed
20359
$456,083.50 from the $7.9 Million General Obligation Road Improvement
Bond Issue with the provisions that (1) the bond issue be reimbursed for
that portion of the project which is to be financed by special assessments
at such time as funds are available from a future special assessment bond
issue and (2) the bond issue be reimbursed for the City's portion of the
project from the next Motor Vehicle Highway Fund Bond Issue, Water and
Sewer Funds and Community Development Funds, as appropriate; and the
Director of Public Works is hereby authorized to approve any minor adjust-
ments in the work; 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 other things necessary or incidental to the
full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
On a motion by Councilman Bennett, seconded by Councilman Feenstra, it was
#389-83 WHEREAS, pursuant to due and proper notice published and mailed
to all property owners in Special Assessment District No. 242 for a
proposed improvement consisting of placing approximately 4-inches of
asphalt on the existing roadway (Alternate IV) on Flamingo Avenue between
Seven Mile Road and Pembroke in the Southwest 1/4 of Section 2 in the
City of Livonia, Wayne County, Michigan, as required by the provisions of
the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances,
as amended, a public hearing thereafter having been held thereon on Monday,
May 16, 1983 at the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, and the City Council having duly met and reviewed the special
assessments levied on the special assessment roll as prepared by the City
Assessor to cover the district portion of the cost of street improvement
to be constructed in Special Assessment District No. 242; and
WHEREAS, the City Council has heard and carefully considered all objections
made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, THAT:
(1) The City Council does hereby determine that the assessments
set forth in said Special Assessment Roll dated April 4, 1983,
in the amount of $44,452.00, are fair and equitable and based
upon benefits to be derived by construction of improvements
proposed in said district, in accordance with the plans of the
City Engineer and resolutions of the City Council;
(2) Said Special Assessment Roll No. 242 is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into ten (10) equal
annual installments with interest at the rate of eight (8%)
percent per annum on the unpaid balance of the assessment from
the date of confirmation. Said interest shall be payable on
each installment due date; provided, however, that after the
issuance of bonds in anticipation of the collection of the
20360
unpaid assessments on the said special assessment roll, said
rate of interest shall be adjusted to a rate which is not more t
than 1% above the average rate of interest borne by said bonds.
In such cases where the installments will be less than Ten
Dollars ($10.00) the number of installments shall be reduced so
that each installment shall be above and as near Ten Dollars
($10.00) as possible. The first installment shall be due and
payable December 1, 1984 and subsequent installments on December
1st of succeeding years;
(4) Pursuant to the provisions of Section 2-513 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 2-519 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
2-519. Any property owner assessed may, within sixty (60) days
from December 1, 1983 pay the whole or any part of the assess-
ment without interest or penalty,
(5) The first installment shall be spread upon the 1984 City tax
roll in the manner required by Section 2-521 of the Livonia
Code of Ordinances, as amended, together with interest upon all
unpaid installments from December 1, 1983 and thereafter one (1)
Imp installment shall be spread upon each annual tax roll together
with one (1) year's interest upon all unpaid installments; pro-
vided, however, that when any annual installment shall have been
prepaid in the manner provided in Title 2, Chapter 5 of the
Livonia Code of Ordinances, as amended, either within the
sixty (60) day period as provided by Section 2-520, or after the
expiration of the sixty (60) day period as provided by Section
2-523 then there shall be spread upon the tax roll for such year
only the interest for all unpaid installments; and
(6) The City Council hereby determines to pay a portion of the cost
of the said improvement within the said district in the sum of
$16,862.67
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
On a motion by Councilman Bennett, seconded by Councilwoman Gundersen,
it was
#390-83 RESOLVED, that the Council does hereby request that the City
Planning Commission, in accordance with provisions of law and City Ordi-
nance, initiate a vacating petition and thereafter submit its report and
recommendation on the question of whether or not Pembroke, between
Purl3ngbrook and Milburn, should be vacated.
20361
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Taylor, Feenstra, McCann
NAYS: Ventura
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Bennett, it was
#391-83 RESOLVED, that having considered the report and recommendation of
the City Engineer dated April 25, 1983 which bears the signature of the
Finance Director, is approved by the Director of Public Works and is
approved for submission by the Mayor Pro Tem, the Council does hereby
accept the unit price bid of Thompson-McCully Co., 11620 Whitmore Lake
Road, Whitmore Lake, Michigan 48189 for the paving improvement of Flamingo
Boulevard from Seven Mile to Pembroke by placing approximately 4-inches of
asphalt on the existing roadway (Alternate IV) in accordance with plans
and specifications as prepared by the Engineering Division attached to the
aforesaid communication for the estimated total cost of $53,317.10, based
on the Engineering Divisions estimate of units of work involved and subject
to the final payment based on the actual units of work as constructed in
accordance with the unit prices accepted herein, said estimated cost and
unit prices having been in fact the lowest bid received for this item; and
the Council does hereby authorize an advance in an amount not to exceed
$53,317.10 from the $7.9 Million General Obligation Road Improvement Bond
Issue with the provisions that (1) the Bond Issue be reimbursed for that
portion of the project which is to be financed by special assessments at
such time as funds are available from a future special assessment bond
issue and (2) the Bond Issue be reimbursed for the City's portion of the
project from the next Motor Vehicle Highway Fund Bond Issue, Water and
Sewer Funds and Community Development Funds, as appropriate; and the
Director of Public Works is hereby authorized to approve any minor adjust-
ments in the work; 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 other things necessary or incidental to the
full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
On a motion by Councilman Taylor, seconded by Councilman Bishop, it was
#392-83 WHEREAS, pursuant to the direction of the City Council in its
resolution 364-82, adopted on May 5, 1982 and subsequently amended by
resolution 529-82, adopted on July 27, 1982, and in accordance with
Section 2-510 of the Livonia Code of Ordinances as amended, the City
Assessor of the City of Livonia has prepared, reported and certified to
the Council under date of May 17, 1983 a revised assessment roll dated
May 16, 1983 for a proposed road improvement consisting of a 22' wide
full-depth asphalt pavement with concrete curbs and gutters, widening to
20362
42' wide at the Seven Mile intersection (Alternate III) on Wayne Road,
Seven Mile south 1,000 feet in the northwest 1/4 of Section 8 and the
northeast 1/4 of Section 9, in the City of Livonia, Wayne County,
Michigan, containing the special assessments to be assessed and levied
respectively, in the proposed special assessment district heretofore
established for the construction and operation of the proposed improvement
in said district as designated in Council Resolution 652-82.
THEREFORE, BE IT RESOLVED, that the said revised roll is hereby accepted
by the City Council; that it is hereby ordered to be filed in the office
of the City Clerk for public examination; that the City Clerk be and
hereby is directed to give notice as required by the provisions of Section
2-511 of the Livonia Code of Ordinances, as amended, to wit: that the
revised assessment roll has been made and filed in the office of the City
Clerk for public examination and that the City Council of the City of
Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia,
Michigan, on Monday, June 20, 1983 at 1:30 p.m. to review the said revised
special assessment roll at which time and place opportunity will be given
to all interested persons to be heard;
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to
publish a notice of said public hearing at least once in the official
newspaper of the City of Livonia which is published and circulated
generally in and throughout the said City, at least ten (10) days prior
to the aforesaid date of Monday, June 20, 1983; the City Clerk is also
directed to give notice of said hearing by sending written notice thereof
by first class mail to each and every property owner in the proposed
assessment district as their respective names and addresses appear on the
most current assessment roll in the City Assessor's office.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
On a motion by Councilman Ventura, seconded by Councilman Taylor, it was
#393-83 RESOLVED, that having considered the report and recommendation of
the Chief of Police dated May 17, 1983 which bears the signature of the
Finance Director and is approved for submission by the Mayor, the Council
does hereby authorize the sale of six (6) used police cars to the following
parties, the same having been in fact the highest bidders with respect to
each of these items:
(1) The sale of vehicles 80-11, 80-22, 79-29 and (9-30 to
the Royal Oak Township Police Department represented by
Police Lieutenant Otis Soloman, for the price of $2,200;
(2) The sale of vehicle 80-32 to Loren Carrel for the price
of $701; and
(3) The sale of vehicle 80-18 to Mr. Armand Ferris, 30129 Perth,
Livonia, Michigan for the price of $561.
20363
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Bennett, Ventura, Taylor, Feenstra, McCann
NAYS: None
On a motion by Councilman Bishop, seconded by Councilman Feenstra, it was
#394-83 RESOLVED, that the subject of the sale of surplus City Property
is hereby referred to the Committee of the Whole for its consideration.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Gundersen, Bishop, Ventura, Feenstra
NAYS: Bennett, Taylor, McCann
The President declared the resolution adopted.
On a motion by Councilman Taylor, seconded by Councilman Feenstra, and
unanimously adopted, it was
#395-83 RESOLVED, that the question of parking on Grove, west of Whitby,
is hereby referred to the Traffic Commission for its report and recom-
mendation.
By Councilman Ventura, seconded by Councilman Bishop, and unanimously
ado;oted, this 1006th Regular Meeting of the Council of the City of Livonia was duly
adjourned at 9:13 p.m., May 18, 1983.
4I&ti7
T F. NASH, CITY CLERK