HomeMy WebLinkAboutCOUNCIL MINUTES 1982-05-19 19860
MINUTES OF THE NINE HUNDRED AND EIGHTY-SECOND REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On May 19, 1982, 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. . Councilman Taylor delivered the invocation.
Roll was called with the following result: Present. Robert E. McCann, Gerald
Taylor, Fernon P. Feenstra, Alice Gundersen and Robert R. Bishop. Absent:
Robert D. Bennett and Peter A. Ventura (Excused) .
Elected and appointed officials present. Robert F. Nash, City Clerk;
Patricia L. Miencier, Deputy City Clerk, Harry C. Tatigian, City Attorney; Jack
Dodge, Finance Director; Richard 0. Jones, Public Utilities Manager, G. E. Siewert,
City Engineer; Ronald Mardiros, City Assessor; John Nagy, City Planner; Michael
Reiser, Emergency Preparedness Coordinator and John A. Hillman, Zoning Board of
L. Appeals.
By Councilwoman Gundersen, seconded by Councilman Taylor, and
unanimously adopted, it was
#370-82 RESOLVED, that the minutes of the 981st Regular Meeting of the
Council of the City of Livonia, held May 5, 1982, are hereby approved.
The communication from the CETA Program Administrator dated April 27,
1982, transmitting Quarterly Reports for period 10/1/81 to 3/31/82, was received
and placed on file for the information of the Council.
The communication from the Mayor dated May 3, 1982 with respect to
Middlebelt Road Widening Project, I-96 to Five Mile Road (CR 221-82), was received
and placed on file for the information of the Council.
The following resolutions were offered by Councilman Feenstra and
seconded by Councilman Bishop:
The communication from the Inspection Department dated May 3, 1982, with
respect to an unoccupied building at 28085 Plymouth Road, was received and placed
on file for the information of the Council. (CR-223-82)
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#371-82 RESOLVED, that having considered a communication from the
Livonia Housing Commission, dated May 3, 1982, approved for submission by
the Mayor with regard to the Livonia Housing Commission's proposed
employment of an architectural firm for the Comprehensive Improvement
Assistance Program (C.I.A.P. ), the Council does hereby concur in the
recommendation of the Livonia Housing Commission and does hereby
authorize the employment of Louis Redstone Associates, 28425 Eight Mile
Road, Livonia, Michigan 48152, to provide architectural services to the
Commission for a fee not to exceed $11,850.00; and the Mayor and City
Clerk are hereby requested for and on behalf of the City of Livonia to
execute an architectural agreement with the aforesaid Louis Redstone
Associates, as well as to do all other things necessary or incidental to
the full performance of this resolution.
#372-82 RESOLVED, that having considered a petition from certain res-
idents of Osmus Avenue, south of Eight Mile Road, dated April 20, 1982,
requesting the improvement of Osmus Avenue in this area with an asphalt
cap, the Council does hereby refer this item to the Engineering Division
for its report and recommendation.
#373-82 RESOLVED, that having considered a petition from certain res-
idents of Carl Street, east of Farmington Road between Seven and Eight
Mile Roads, dated April 27, 1982, requesting that the street be closed
(and vacated), the Council does hereby refer this item to the Traffic
Commission and the Planning Commission for their respective reports and
recommendations.
#374-82 RESOLVED, that having considered a communication from the City
Planning Commission, dated April 23, 1982, which transmits its resolution
4-63-82 adopted on April 13, 1982 with regard to Petition 82-3-2-8,
submitted by Arthur E. Pulice requesting waiver use approval to construct
a one-story general office building on the north side of Five Mile Road
between Hubbard and Fairfield in the Southwest 1/4 of Section 15, which
property is zoned P.S. , the Council does hereby concur in the recommenda-
tion made by the City Planning Commission and Petition 82-3-2-8 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 Commis-
sion.
#375-82 RESOLVED, that having considered a communication from the City
Planning Commission, dated April 23, 1982, which transmits its resolution
4-67-82 adopted on April 13, 1982 with regard to Petition 79-5-3-4,
initiated pursuant to Council Resolution 989-80 requesting the vacatir.c of
a 10' wide public walkway easement located south of Five Mile Road between
Melvin Avenue and Algonquin Park in the Northeast 1/4 of Section 23, the
Council does hereby determine to concur in the recommendation of the City
Planning Commission and deny Petition 79-5-3-4 for the same reasons as
those set forth in the aforesaid action of the Planning Commission.
#376-82 RESOLVED, that having considered a communication from the City
Planning Commission, dated May 3, 1982, which transmits its resolution
4-79-82 adopted on April 27, 1982 with regard to a request from Ved P.
Kapila, requesting a one (1) year extension of Petition 78-5-8-9 required
by Section 8.02 of the Zoning Ordinance in connection with a proposal to
construct a multi-family housing project on the west side of Farmington
Road between Curtis and Pickford in Section 9, the Council does hereby
concur in the recommendation of the Planning Commission and grant an
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additional extension for a one (1) year period, subject to compliance
with the conditions set forth in Council Resolution 591-78.
#377-82 RESOLVED, that having considered a communication from the
Department of Law, dated May 3, 1982, approved for submission by the Mayor
and to which is attached a letter from Kenneth Cornwall, 30064 Bentley,
Livonia, Michigan 48154, dated April 28, 1982, wherein a request is
submitted to lease on a month to month basis the west 34' of city-owned
property located on Seven Mile Road at Shadyside for the sum of $100.00
per month, which area is to be utilized for parking in connection with a
building located at 33223 West Seven Mile Road, the Council does hereby
refer this item to the Department of Law for the preparation of a Lease
to thereafter be submitted to the City Council for its consideration.
#378-82 RESOLVED, that having considered a communication from the City
Engineer (in his capacity as Street Administrator) dated April 28, 1982,
which bears the signature of the Finance Director, approved by the
Director of Public Works, approved for submission by the Mayor and
submitted pursuant to Section 13d(2) Act 51 of the Public Acts of
Michigan of 1951, as amended (M.S.A. 9.1097 (13)) with regards to the
transfer of funds for the fiscal year of 1981-82 from the Major Street
System Account to the Local Street System Account, the Council does
hereby authorize the transfer of a sum up to, but not to exceed,
$600,000.00 from those funds designated for use on the Major Street
System to be used on the Local Street System; and the City Clerk and
Finance Director are hereby authorized to do all things necessary or
incidental to fulfill the purpose of this resolution.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
By Councilman Feenstra, seconded by Councilman Taylor, it was
#379-82 RESOLVED, that having considered a letter from the Michigan
Liquor Control Commission, dated March 17, 1982, and received by the
Office of the City Clerk on May 6, 1982, and the report and recommenda-
tion of the Chief of Police, dated May 4, 1982, in connection therewith,
the Council does hereby approve of the request from John J. Sassak for
transfer of ownership of 1981 Class C Licensed business with Dance-
Entertainment Permit and three bars, located at 33201 Plymouth Road,
Livonia, Michigan 48150 from BLB, Inc. ; and the City Clerk is hereby
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
By Councilman Feenstra, seconded by Councilman Taylor, and unanimously
adopted, it was
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#380-82 RESOLVED, that the Council does hereby request that the Bureau
L of Inspection submit its report and recommendation concerning whether cr
not there are any Ordinance violations involved concerning a parked bus
with a large advertising sign located on the south side of Schoolcraft,
west of Levan Road.
The report prepared by the Engineering Division, dated October 28, 1981,
entitled "Sanitary Sewer Backup Report, Section 17, City of Livonia" with regard to
flooded basements, was received and placed on file for the information of the
Council. (CR-999-81)
The Infiltration/Inflow Report of Orchard, Papke, Hiltz & McCliment, Inc.
and Hubbell, Roth Clark, Inc. connected with the Municipal Step I Facility
Planning Study, was received and placed on file for the information of the Council.
(CR 156-82)
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 5-160+
OF TITLE 5, CHAPTER 16 (INDUSTRIAL
WASTE SURCHARGE ORDINANCE) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Taylor, Feenstra, Gundersen, Bishop and 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 ARTICLE 2,
SECTION 5-408 OF CHAPTER 4 (WATER)
OF TITLE 5 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
L AYES: Taylor, Feenstra, Gundersen Bishop and McCann.
Y , >
NAYS: None.
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LThe President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Taylor took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 5-510 OF
TITLE 5, CHAPTER 5 (SEWERS) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Taylor, Feenstra, Gundersen, Bishop and 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:
L AN ORDINANCE AMENDING SECTION 2.07 OF
ARTICLE II AND SECTION 18.09 OF ARTICLE
XVIII OF ORDINANCE NO. 543, AS AMENDED,
KNOWN AND CITED AS THE "CITY OF LIVONIA
ZONING ORDINANCE." RE: PETITION 81-10-6-10
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Taylor, Feenstra, Gundersen, Bishop and 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:
AN ORDINANCE AMENDING SECTION 4-407(A)
OF TITLE 4, CHAPTER 4 (ENTERTAINMENTS
AND AMUSEMENTS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
LA roll call vote was taken on the foregoing Ordinance with the following result
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
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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:
AN ORDINANCE AMENDING TITLE 2 OF
THE LIVONIA CODE OF ORDINANCES, AS
AMENDED, BY ADDING THERETO CHAPTER 29
ENTITLED "AN ORDINANCE TO ESTABLISH A
DEPARTMENT OF LABOR RELATIONS."
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES: Taylor, Feenstra, Bishop and McCann.
NAYS: Gundersen.
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.
L
AN ORDINANCE AMENDING TITLE 2, CHAPTER
3 (HISTORIC PRESERVATION COMMISSION
ORDINANCE) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED, BY AMENDING
SECTIONS 2-2402, 2-2403, AND 2-2407.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Feenstra took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 15 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO.
L
543, AS AMENDED, KNOWN AND CITED AS THE
"CITY OF LIVONIA ZONING ORDINANCE" BY
ADDING SECTION 3. THERETO. RE PETITION
81-12-1-24 FOR CHANGE OF ZONING FROM R-1
TO RUFA.
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A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
At the direction of the Council President the Roll Call vote on
Petition 82-1-1-1 by Anthony Skover, Thomas O'Rourke and. Louie Mancinelli, for a
change of zoning on property located on the east side of Haggerty Road between
Seven Mile and Phillips Road in the Southwest 1/4 of Section 6, from M-1 to C-2,
was removed and will be placed on the Regular Agenda for the June 2, 1982 Meeting.
*Councilman McCann was excused at 8:10 P. M.
By Councilman Feenstra, seconded by Councilwoman Gundersen, it was
#381-82 RESOLVED, that having considered a communication from the
Department of Law, dated May 5, 1982, approved by the Director of Finance
and approved for submission by the Mayor, and which submits a proposed
agreement for summer tax collection between the City of Livonia and the
Livonia Public Schools School District, the Council does hereby request
and authorize the Mayor and City Clerk, for and 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: Taylor, Feenstra, Gundersen and Bishop.
NAYS: None.
*Councilman McCann returned at 8:11 P. M.
By Councilman Taylor, seconded by Councilman Bishop, it was
#382-82 RESOLVED, that having considered a communication from the
Honorable James R. McCann, District Judge for the 16th Judicial District
Court, dated April 18, 1982, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of Moore Business Forms, Inc. , Advanr.c
Building, Suite 182, 23077 Greenfield Road, Southfield, Michigan 48075,
for supplying the District Court with traffic tickets for the price of
$45.50/M, the same having been in fact the lowest bid received and meets
all specifications.
A roll call vote was taken on the foregoing resolution with the following result:
19867
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
By Councilman Feenstra, seconded by Councilman Taylor, it was
#383-82 RESOLVED, that having considered the report and recommendation of
the Superintendent of Public Service, dated April 20, 1982, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and is approved for submission by the Mayor, the Council does
hereby accept the bid of Ideal Building Service, 17360 Lahser, Detroit,
Michigan 48219, for providing the Public Service Division (Building
Maintenance Section) with window cleaning service for the Livonia
Municipal Administrative Building, at a cost of $1,600.00 per cleaning,
the same having been in fact the lowest bid received and meets all
specifications.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Bishop, it was
#384-82 RESOLVED, that having considered a communication from the Water
and Sewer Board, dated May 5, 1982, approved by the Finance Director and
approved for submission by the Mayor and which transmits its resolution
WS 2506 5/82, the Council does hereby accept the unit price bid of Blue
Grass Lawn Supplies, 51825 W. Eight Mile Road, Northville, Michigan 48167,
for supplying the Water Department with Merlon sod at the following unit
prices bid:
1,000 yards, more or less Yard Delivery .69 yard
Pick Up .50 yard
the same having been in fact the lowest bid received which meets all
specifications; FURTHER, in the event Blue Grass Lawn Supplies is unable
to supply acceptable sod, the Council does hereby authorize the purchase
of such sod from the next two bidders listed (Feltz Sodding Inc. and
Sycamore Farms) for the unit prices listed in the attachment.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
By Councilman Feenstra, seconded by Councilman Taylor, it was
#385-82 RESOLVED, that having considered a communication from the Water
& Sewer Board, dated May 5, 1982, approved by the Finance Director and
approved for submission by the Mayor which transmits its resolution
WS 2507 5/82, the Council does hereby accept the bid of Redford Topsoil
Contractors, Inc. , 15553 Beech Daly, Redford, Michigan 48239, for
supplying the Water Department with Topsoil at the following unit price:
19868
1,000 yards, more or less Yard Delivery $6.95 yard
Pick Up $5.50 yard
the same having been in fact the lowest bid received and meets all
specifications.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
At the direction of the Council President the item on the agenda with
respect to Closing of City Depository was removed and will be placed on the next
Study Session to be conducted May 24, 1982.
By Councilman Bishop, seconded by Councilman Feenstra, it was
#386-82 RESOLVED, that having considered a communication from the City
Planning Commission, dated May 3, 1982, which transmits its resolution
4-78-82 adopted on April 27, 1982 with regard to Petition 82-3-8-8
submitted by Eddie E. Ayyash requesting site plan approval in connection
with a proposal to remodel an existing building located on the west side
of Farmington Road, south of Five Mile Road in Section 21, pursuant to the
provisions set forth in Section 18.47 of Ordinance No. 543, as amended,
the Council does hereby concur in the recommendation of the Planning
Commission and Petition 82-3-8-8, based upon a revised Site Plan submitted
by the Petitioner on May 19, 1982, 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 Council does hereby determine to delete the free-standing
sign and allow in lieu thereof a second additional wall sign; FURTHER,
that all exterior signs on the roof shall be removed in accordance with
the revised Site Plan.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Feenstra, it was
#387-82 RESOLVED, that having considered a communication from the City
Planning Commission, dated April 6, 1982, which transmits its resolution
3-54-82 adopted on March 30, 1982, with regard to Petition 82-3-8-5
requesting approval of a Sign Plan for a building located on the south
side of Seven Mile Road between Middlebelt and Inkster Roads in Section
12, submitted by Burns Sign Studios, pursuant to the provisions set forth
in Section 18.47 of Ordinance No. 543, as amended, the Council does
hereby reject the recommendation of the Planning Commission and Petition
82-3-8-5 is hereby denied for the following reasons:
19869
1. The petitioner has failed to demonstrate that the proposed
sign is required to provide additional commercial advertising for
his business.
2. Additional signage, as proposed, will be detrimental to the
City's goal of encouraging superior architectural and aesthetic
design in the Livonia Mall area.
3. The placement of a sign on the subject building wall would not
be in harmony with the building architecture.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Feenstra, it was
#388-82 RESOLVED, that having considered a communication from the City
Clerk, dated May 10, 1982, which transmits a copy of the audited
Community Development Block Grant Funds financial statement prepared by
Plante & Moran for the year ending November 30, 1981, the Council does
hereby refer the same to the Finance and Insurance Committee for its
report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
By Councilwoman Gundersen, seconded by Councilman Bishop, and unanimously
adopted, it was
#389-82 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in Council Resolution #337-56, so as to permit
consideration of several items that do not appear on the agenda.
By Councilman Feenstra, seconded by Councilman Taylor, it was
#390-82 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No. 233 for the
proposed improvement consisting of placing 4" of asphalt on an existing
roadway on Wentworth Avenue between Merriman Road and Henry Ruff in
Section 14 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 May 17, 1982 at 8.00 P.M. at the City Hall, 33000 Civic
Center Drive, Livonia, Michigan, and the City Council having duly met and
reviewed the special assessments levied on the special assessment roll as
prepared by the City Assessor to cover the district portion of the cost of
the street improvement to be constructed in Special Assessment District
No. 233; and
19870
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 2, 1982, in the amount of $40,908.65,
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. 233 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 confirma-
tion. Said interest shall be payable on each install-
ment due date; provided, however, that after the
issuance of bonds in anticipation of the collection
of the unpaid assessments on the said special assess-
ment 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 install-
ment shall be due and payable December 1, 1982 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, 1982 pay the whole or any part of
the assessment without interest or penalty;
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(5) The first installment shall be spread upon the 1982
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 sixty (60) days after December 1, 1982 and there-
after 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
(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 $11,219.17.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Feenstra, it was
#391-82 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No. 234 for the
proposed improvement consisting of the removal and replacement of badly
deteriorated sections of the existing pavement and resurfacing the road-
way with 2 to 2 1/2 inches of bituminous concrete on Barkley Avenue,
Bonnydale Drive, Nye Road, and Nye Court (portions of Bonnydale Subdivi-
sion No. 2 and Lyndon Manor Subdivision) in the N.W. 1/4 of Section 23
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 May 17, 1982 at 8.00 P.M. at the City Hall, 33000 Civic Center.
Drive, Livonia, Michigan, and the City Council having duly met and reviewed
the special assessments levied on the special assessment roll as prepared
by the City Assessor to cover the district portion of the cost of the
street improvement to be constructed in Special Assessment District No.
234; 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 2,
1982, in the amount of $28,854.84, 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 Cit;
Council;
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(2) Said Special Assessment Roll No. 234 is hereby approvcl
and confirmed in all respects;
(3) The amount of said roll shall be divided into ten (10)
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 Lo
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, 1982 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 thy:
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, 1982
pay the whole or any part of the assessment without
interest or penalty;
(5) The first installment shall be spread upon the 1982 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 sixty (60) days
after December 1, 1982 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
(6) The City Council does hereby determine to pay a portion of
the cost of the said improvement within the said district
in the sum of $11,192.03
A roll call vote was taken on the foregoing resolution with the following result
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
19873
By Councilman Taylor, seconded by Councilman Feenstra, and unanimously
adopted, it was
#392-82 RESOLVED, that the Council does hereby request that the Traffic
Commission submit its report and recommendation regarding the need for
the installation of additional Stop Signs on Henry Ruff between Five Mile
and Lyndon.
By Councilman Taylor, seconded by Councilman Feenstra, and unanimously
adopted, it was
#393-82 RESOLVED, that the Council does hereby request that the Parks
and Recreation Commission submit reports and recommendation on the status
of vehicles parking at the tennis courts in Algonquin Park.
By Councilman Feenstra, seconded by Councilwoman Gundersen, it was
#39+-82 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No. 235 for the
proposed improvement consisting of placing 1 " of asphalt surface on an
existing aggregate base on Oporto Avenue between Five Mile Road and
Puritan Road in Section 14 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 May 17, 1982 at 8.00 P.M. at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and the City Council having
duly met and reviewed the special assessments levied on the special
assessment roll as prepared by the City Assessor to cover the district
portion of the cost of the street improvement to be constructed in Special
Assessment District No. 235; 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 2,
1982, in the amount of $38,650.21*, 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. 235 is hereby approved and
confirmed in all respects;
(3) The amount of said roll shall be divided into ten (10)
equal annual installments with interest at the rate of
eight (8%) percent per annum on the unpaid balance of the
assessment from the date of confirmation. Said interest
shall be payable on each installment due date; provided,
however, that after the issuance of bonds in anticipation
of the collection of the unpaid assessments on the said
1987+
special assessment roll, said rate of interest shall be
adjusted to a rate which is not more than i% 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, 1982 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,
1982 pay the whole or any part of the assessment without
interest or penalty;
(5) The first installment shall be spread upon the 1982 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 sixty (60) days
after December 1, 1982 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
(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 $11,326.13.
(7) FURTHER, the Council does hereby determine that in lieu of
the figures set forth in the attached assessment schedule
with respect to Lot Nos. 27 and 28a that the assessments
for these lots be reduced to $1,105.36 for Lot #27 and
$613.36 for Lot #28a, said reduction being based upon
assessing said lots for 40%0 of their footage along Oporto
Avenue.
*Figures in Assessor's confirmed roll have been revised to
reflect reduction in assessments to Lots 27 and 28a.
A roll call vote was taken on the foregoing resolution with the following result:
19875
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
By Councilman Feenstra, seconded by Councilwoman Gundersen, it was
#395-82 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No. 236 for the
proposed improvement consisting of placing approximately 4" of asphalt
on an existing roadway on Rayburn between Merriman Road and Henry Ruff
Section 14 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 beea
held thereon on May 17, 1982 at 8:00 P.M. at City Hall, 33000 Civic Cea',,er
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 cf
the street improvement to be constructed in Special Assessment District
No. 236; and
WHEREAS, the City Council has heard and carefully considered all objec-
tions made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, THAT:
(1) The City Council does hereby determine that the assess-
ments set forth in said Special Assessment Roll dated
April 2, 1982, in the amount of $32,680.69, are fair and
equitable and based upon benefits to be derived by construc-
tion of improvements proposed in said district, in accord-
ance with the plans of the City Engineer and resolutions of
the City Council;
(2) Said Special Assessment Roll No. 236 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 (a%) 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, 1982 and subsequent install-
ments on December 1st of succeeding years;
19876
(4) Pursuant to the provisions of Section 2-513 of the Livox a
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, 1982 pay the whole or any part of the assess-
ment without interest or penalty,
(5) The first installment shall be spread upon the 1982 City
tax roll in the manner required by Section 2-521 of the
Livonia Code of Ordinances, as amenaed, together with
interest upon all unpaid installments from sixty (6o) days
after December 1, 1982 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
(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 $19,021.60.
A roll call vote was taken on the foregoing resolution with the following result-
AYES: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
By Councilman Feenstra, seconded by Councilwoman Gundersen, and unanimously
aA anted, it was
#396-82 RESOLVED, that the Council does hereby refer to the Joint School
Board/City Council Committee for its report and recommendation the matter
of the refusal of the Livonia School District to assume an assessment for
the improvement on Rayburn Avenue between Merriman and Henry Ruff in
Section 14.
By Councilman Feenstra, seconded by Councilwoman Gundersen, and unanimously
adopted, it was
#397-82 RESOLVED, that the Council does hereby refer to the Joint School
Board/City Council Committee for its report and recommendation the matter
of the failure of school buses to not use Rayburn Avenue in Section i1..
19877
By Councilman Taylor, seconded by Councilman Feenstra, and unanimously
czooted, it was
#398-82 RESOLVED, that the Council does hereby request that the Traffic
Commission authorize the installation of a 3-Way Stop Sign at the
intersection of Rayburn and Sunset.
By Councilman Feenstra, seconded by Councilman Taylor, and unanimously
adopted, it was
#399-82 RESOLVED, that having considered a proposed Community Develop-
ment Block Grant Budget as recommended by the City's Community Develop-
ment Committee, the Council does hereby request that the Engineering
Division submit a report and recommendation relative to paving Haller,
Camden and Hartel Streets, North of Plymouth Road, said streets being
located in the S. W. 1/1- of Section 25 of the City of Livonia.
By Councilman Taylor, seconded by Councilman Feenstra, it was
#400-82 WHEREAS, Act 223, P.A. 1909, as last amended by Act 196, P.A.
1970 provides for the conveyance of State-owned 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 acquisi-
tion under the provisions of the above mentioned act:
Property Item No. 120-99-0002-000 (30Y 30Z)
Section 30, That part of the SE 1/4+ desc as beg
at a point on the E line of said dist N 0 deg
04+' 20" E 1098.1+ ft from the intersect of said
E line and the cen line of Plymouth Road and proc
th due W 1153.85 feet, th N 0 deg 05' E 377.5+ ft
th due E 1153.79 ft to the E line of Sec. 30, th
S 0 deg 04' 20" W along sd E line 377.54 ft to
POB 10 00 Ac.
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.
A roll call vote was taken on the foregoing resolution with the following result.
19878
AYES: Taylor Feenstra, Gundersen, Bishop and McCann.
NAfS: None.
By Councilman Feenstra, seconded by Councilman Taylor, it was
RESOLVED, that having considered a communication from the City
Assessor, dated May 13, 1982, approved by the Finance Director and approved
for submission by the Mayor with regard to the need to employ an addi-
tional assessment clerk, the need to fill the present vacancy for an
existing assessment clerk and the use of overtime and the employment of
seasonal help in order to implement the summer collection of school taxes,
the Council does hereby refer this item to the Finance and Insurance
Committee for its report and recommendation.
A poll call vote was taken on the foregoing resolution with the following result:
AYES: Feenstra.
NAYS• Taylor, Gundersen, Bishop and McCann.
The President declared the resolution DENIED.
By Councilman Bishop, seconded by Councilwoman Gundersen, it was
#401-82 RESOLVED, that having considered a communication from the City
Assessor, dated May 13, 1982, approved by the Finance Director and approved
for submission by the Mayor with regard to the need to employ an addi-
tional assessment clerk, the need to fill the present vacancy for an
existing assessment clerk and the use of overtime and the employment of
seasonal help in order to implement the summer collection of school taxes,
the Council does hereby determine to approve the foregoing request in
concept.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Taylor, Gundersen, Bishop and McCann.
NAYS. Feenstra.
The President declared the resolution ADOPTED.
By Councilman Taylor, seconded by Councilman Feenstra, it was
#402-82 RESOLVED, that having considered the communication from the
Michigan Liquor Control Commission dated May 19, 1982 with respect to a
request for a new SDD license by David E. Field and Wallace Russell to be
located at 29235 Six Mile Road, Livonia, Michigan, the Council does hereby
recommend that the Michigan Liquor Control Commission deny the said requc.3t
inasmuch as this application would be in violation of, and in non-compli-
ance with the requirements prescribed in the Livonia Zoning Ordinance,
Ordinance #543, as amended; and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor Control
Commission.
A roll call vote was taken on the foregoing resolution with the following result.
L19879
AYES: Taylor, Feenstra, Gundersen, Bishop and. McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Feenstra, it was
#403-82 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated April 6, 1982, 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 Nagle Paving Company, 30630 W. 12 Mile Road,
Farmington, Michigan for the 1982 Miscellaneous Residential Street Paving
Program, for the estimated total cost of $148,816.00 based upon the
Engineering Division's estimate of units involved and subject to the
final payment based upon the actual units involved 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; FURTHER, in the event
that the assessment roll for any of the four (4) projects included in
this program is not confirmed, the contract should be reduced accordingly;
and the Council does hereby appropriate a sum not to exceed $148,816.00
as an advance from the $7.9 Million Dollar General Obligation Road Improve-
ment Bond Issue with the provision that (1) the Bond Issue be reimbursed
for that portion of the project which is to be financed by special assc37-
ments 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 o.
the project at such time as funds may be available from a future Motor
Vehicle Highway Fund Bond Issue, 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 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: Taylor, Feenstra, Gundersen, Bishop and McCann.
NAYS: None.
By Councilman Taylor, seconded by Councilman Feenstra, and unanimously
aclopted, this 982nd Regular Meeting of the Council of the City of Livonia was duly
adj-urned at 9:30 P. M., May 19, 1982.
RO ERT F. NASH, CITY CLERK