HomeMy WebLinkAboutCOUNCIL MINUTES 1976-12-08 15988
lir MINUTES OF THE EIGHT HUNDRED AND FORTY-EIGHTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On December 8, 1976, the above meeting was held at the City Hall, 33001.
Five Mile Road, Livonia, Michigan, and was called to order by the President of the
Council at approximately 8.12 P. M. . Councilman Bennett delivered the invocation,
Roll was called with the following result Robert E. McCann. Robert F. Nash, Peter
A. Ventura and Robert D. Bennett. Absent--Jerry H. Brown, Jerry Raymond and Robert
R. Bishop.
Elected and appointed officials present Addison W. Bacon, City Clerk,
Harry C. Tatigian, City Attorney; Frances Stem, Acting Deputy City Clerk, Jack Dodge,
Director of Finance; Edward G. Milligan, Director of Public Safety-Police, Robert
Osborn, Director of Public Works, Robert Turner, Police Chief, G. E. Siemert, City
Engineer; John Nagy, City Planner, Ronald Mardiros, City Assessor, John T. Dufour,
Superintendent of Parks and Recreation, Theodor P. Krauss, Civil Service Departme::t;
James P. Andres, Civil Service Department, Daniel Gilmartin, Industrial Coordinator
and Michael Reiser of the Water and Sewer Board.
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#1027-76 RESOLVED, that the minutes of the 847th regular meeting of the
Council of the City of Livonia, held November 23, 1976, are hereby
approved.
The following preamble and resolution were offered by Councilman Ventura
a.n3 supported by Councilman Nash:
#1028-76 WHEREAS, the City Council of the City of Livonia, intends to
adopt resolutions authorizing the issuance and sale of Special Assessment
Bonds of the City, in the principal amount of not to exceed in total One
Million Twenty Thousand ($1,020,000) Dollars, for the purpose of defraying
the special assessment districts' share of the cost in connection with
certain paving improvements in the City,
15989
lie AND WHEREAS, a Notice of Intent to Issue Bonds must be pulislied
at least forty-five (45) days before issuance of the same in ordcr to
comply with the requirements of Section 5(g) of Act 279, Public Acts of
Michigan, 1909, as amended,
NOW, THEREFORE, BE IT RESOLVED THAT
1. The City Clerk is hereby authorized and directed to
publish a Notice of Intent to issue Bonds in the Livonia Observer-Eccentri^,
a newspaper of general circulation in the City of Livonia, Michigan.
2. Said notice of intent so published shall be in substantial
ly the following form:
NOTICE TO ELECTORS AND TAXPAYERS OF THE CITY
OF LIVONIA OF INTENT TO ISSUE BONDS
SECONDARILY SECURED BY THE CITY'S TAXING POWER
AND RIGHT OF REFERENDUM RELATING THERETO
PLEASE TAKE NOTICE that the City Council of the City of Livonia
intends to adopt resolutions authorizing the issuance and sale of Special
Assessment Bonds of the City, in the principal amount not to exceed in
total One Million Twenty Thousand ($1,020,000) Dollars, for the purpose :df
defraying the special assessment districts' share of the cost in connection
with certain paving improvements in the City-
Said bonds will mature in not to exceed fifteen (15) annual
installments and will bear interest at a rate of interest of not to exceed
ten per cent (10%) per annum payable on the unpaid principal balance from
time to time remaining outstanding on said bonds.
SOURCE OF PAYMENT OF SPECIAL
ASSESSMENT BONDS
THE PRINCIPAL AND INTEREST OF SAID SPECIAL ASSESSMENT BONDS shall
be payable primarily from collections of an equal amount of special assess-
ments and the bonds shall also pledge the full faith and credit of the City
of Livonia.
In case of the insufficiency of said special assessments, the
principal and interest on said bonds shall be payable from the general funa-
of the City or, if necessary, from ad valorem taxes upon all taxable prop.
erty in the City, without limitation as to rate or amount.
RIGHT OF REFERENDUM
THE SPECIAL ASSESSMENT BONDS will be issued without vote of tli�
electors unless a petition signed by not less than 10% of the registered
electors of the City is filed with the City Council within forty-five (75)
days after publication of this Notice by filing same at the office of the
City Clerk. If such a petition is filed, the bonds may not be issued unless
approved by a majority vote of the electors of the City voting on the
question of their issuance.
15990
THIS NOTICE is given pursuant to the requirements of Section 5(g)
of Act 279, Public Acts of Michigan, 1909, as amended.
ADDITIONAL INFORMATION concerning the proposed bonds, and the
right of referendum with respect thereto, may be obtained upon request at
the offices of the City Clerk.
City Clerk
3. The City Council does hereby determine that the foregoing
form of Notice of Intent to Issue Bonds and the manner of publication
directed is adequate notice to the electors and taxpayers of the City of
Livonia and is well calculated to inform them of the intention of the City
to issue the bonds, the security for the bonds, and the right of referon5,um
of electors with respect thereto, and that the provision of forty-five
(45) days within which to file a referendum petition is necessary and
adequate to assure that the electors of the City may exercise their legal
rights of referendum with respect to the bonds as provided by Section 5 (g)
of Act 279, public Acts of Michigan, 1909, as amended.
14. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same hereby are
rescinded.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Nash, Bentura and McCann.
NAYS. None.
The following preamble and, resolution were offered by Councilman Ventura
and supported by Councilman Nash
#1029-76 WHEREAS, Special Assessment Rolls, more particularly hereinafter
described, for the construction of street improvements in the City of
Livonia have been prepared, reviewed and confirmed by the City Council,
and
WHEREAS, the City Council deems it to be the best interest to
borrow and issue bonds in anticipation of the collection of said special
assessments to defray part of the cost of said street improvements;
NOW, THEREFORE, BE IT RESOLVED THAT.
1. The estimated period of usefulness of said public
improvement is not less than twenty (20) years.
2. Special Assessment Bonds be issued in the amount of Nine
Hundred Fifty Thousand ($950,000.00) Dollars in anticipation of the collec-
tion of the unpaid special assessments on the special assessment rolls
hereinafter in this Paragraph 2 set forth, the principal amount of special
assessment for each roll pledged for the payment of said bonds to be as
follows for the following districts
15991
Special Assessment District No. 151 $ 25,700
lbw
Special Assessment District No. 152 40.,400
Special Assessment District No. 153 76,000
Special Assessment District No. 154 505,500
Special Assessment District No. 155 121,900
Special Assessment District No. 156 180,500
In addition to the special assessments as aforesaid, the full faith, credit
and resources of the City of Livonia shall be pledged for the prompt
payment of the principal and interest on said bonds as the same become
due. The bonds shall consist of one hundred ninety (190) bonds of the
denomination of $5,000.00 each, numbered consecutively in direct order of
maturity from 1 to 190, inclusive, dated April 1, 1977, and payable
serially, without option of prior redemption, as follows.
S 50,000.00 February 1, 1978,
S100,000.00 February 1st of each of the years 1979,
1980 and 1981,
$ 75,000.00 February 1st of each year from 1982 to
1987, inclusive,
$ 50,000.00 February 1, 1988,
$ 25,000.00 February 1st of each year from 1989 to
1992, inclusive.
Said bonds shall be designated 1977 SPECIAL ASSESSMENT BONDS.
Said bonds may be registered as to principal only, in the manner
and with the effect set forth on the face thereof, as hereinafter provided.
3. The bonds authorized by the provisions of this resolution
shall bear interest at a rate or rates not exceeding eight per cent (8%)
per annum, payable on February 1, 1978, and semi-annually thereafter on
August 1st and February 1st of each year. Both principal and interest on
said bonds shall be payable at a bank or trust company qualified to act
as paying agent designated by the purchaser of the bonds, with the approval
of the City Clerk. The liability of each special assessment district
shall be limited to the principal amount set forth above and interest
thereon.
4. The bonds shall be signed in the name of the City by the
Mayor and countersigned by the City Clerk and the City Treasurer and shall
bear the City seal, and the interest coupons annexed thereto shall bear
the facsimile signatures of the Mayor and City Treasurer. The bonds, when
executed, shall be delivered to the Treasurer and be delivered by him to
the purchaser thereof upon payment of the purchase price thereof in accord-
ance with the bid therefor, when accepted.
5. There shall be established and maintained a fund to be
designated "1977 Special Assessment Bond Debt Retirement Fund". Into said
fund there shall be placed the accrued interest and premium, if any,
received at the time of delivery of said bonds. In addition, there shall
be paid into said fund that part of the collection of principal and inter-
est on the special assessment rolls in anticipation of the collection of
which the bonds authorized by the provisions of this resolution have been
issued; Provided, however, that the amount to be paid by each such district
shall not exceed the amount of bonds allocated to such district and ;.n:,erect
15992
thereon. If at any time said fund is insufficient to pay the principal of
and interest on said bonds, as the same become due, the City shall advance
from its general funds a sufficient amount to pay said principal and
interest. Moreover, the City Shall levy annually, without limitation as to
rate or amount, as part of its general ad valorem tax such sums as may be
necessary to retire when due the said principal and interest on said bonds
should the collection of said special assessments pledged for such purpose
prove insufficient.
6. Said bonds and the attached coupons shall be in substanti-
ally the following form
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
1977 SPECIAL ASSESSMENT BOND
No. $5,000.00
KNOW ALL MEN BY THESE PRESENTS that the CITY OF LIVONIA, County
of Wayne, State of Michigan, acknowledges itself to owe and for value
received hereby promises to pay to the bearer, or if registered, to the
registered holder the sum of
FIVE THOUSAND DOLLARS
lawful money of the United States of America, on the first day of February,
A.D., 19 , with interest thereon from the date hereof until paid at th"
rate of per cent ( %) per annum, payable on February
1, 1978, and semi-annually thereafter on the first day of August and
Februry of each year upon presentation and surrender of the annexed interest
coupons as they severally become due. Both principal of and interest on
the bonds are payable at the principal office of _
, and for the prompt payment of this bond, both
principal and interest, the full faith and credit of the City of Livonia .-
hereby irrevocably pledged.
This bond is one of a series of one hundred ninety (190) bonds of
even date and like tenor, except as to rate of interest and date of
maturity, aggregating the principal sum of $950,000, issued in anticipatic
of the collection of special assessments in Special Assessment Districts
Nos. 151 to 156, inclusive, in the City, for the purpose of constructing
street improvements, and is issued in accordance with the City Charter and
lir with a duly adopted resolution of the City Council of the City of Livonia.
15993
Bonds of this issue shall not be sabject to r<•ar zption p- Dr to
maturity.
iirThis bond is payable out of special assessments to be collY•tcd
on special assessment rolls numbered in accordance with the above districts
or in the case of insufficiency of said special assessments out of the
general funds of the City. The liability of each special assessment
district shall be limited to payment of the amounts and interest thereon as
set forth in the bond resolution It is hereby certified and recited that
all acts, conditions and things required by law precedent to and in the
issuance of this bond and the series of bonds of which this is one have
been done, exist and have happened in regular and due time and form as
required by law, and that the total indebtedness of said City, including
this bond, does not exceed any constitutional, statutory or charter debt
limitation.
This bond may be registered as to principal only on the books of
the paying agent in the name of the holder and said registration noted on
the back hereof by said paying agent, after which no transfer shall be
valid unless made on the books and noted hereon in like manner, but
transferability by delivery may be restored by registration to bearer.
Such registration shall not affect the negotiability of the interest
coupons.
IN WITNESS WHEREOF, the CITY OF LIVONIA, County of Wayne, State
of Michigan, by its City Council, has caused this bond to be signed by its
Mayor and to be countersigned by its City Clerk and City Treasurer and its
corporate seal to be hereunto affixed, and has caused the annexed interest
coupons to be executed with the facsimile signatures of its Mayor and City
Treasurer, all as of the first day of April, A. D. , 1977
CITY OF LIVONIA
By
(SEAL) Mayor
Countersigned
City Clerk
City Treasurer
REGISTRATION
NOTHING TO BE WRITTEN HEREON EXCEPT BY
THE PAYING AGENT
Date of Registration Name of Registered Owner Registrar
15994
(Form of Coupon)
No.
On the first day of , A.D., 19 the CITY OF
LIVONIA, County of Wayne, State of Michigan, will pay to the bearer hereof,
the sum shown hereon at the principal office of
, being the interest due that date on its
1977 Special Assessment Bond, dated April 1, 1977.
Mayor
City Treasurer
7. The City Clerk shall make application to the Municipal
Finance Commission for an order granting permission for the issuance of
said bonds and approval of the form of notice of sale, and, upon receipt of
such approval, the City Clerk shall cause notice of sale of said bonds to
be published in The Bond Buyer, New York, New York, and in the Observer-
Eccentric, a newspaper circulated, in the City of Livonia, Michigan, at
least seven (7) full days before the date fixed for sale of said bonds,
which notice of sale shall be in substantially the following form.
OFFICIAL NOTICE OF SALE
$950,000.00
CITY OF LIVONIA
COUNTY OF WAYNE, STATE OF MICHIGAN
1977 SPECIAL ASSESSMENT BONDS
SEALED BIDS for the purchase of the above bonds will be received by the
undersigned at the City Hall located at 33001 Five Mile Road, Livonia,
Michigan 48154, on , the day of 1977,
until o'clock .m., Eastern Time, at which time and
place said bids will be publicly opened and read.
BOND DETAILS. Said bonds will be coupon bonds, registrable as to principal
only, of the denomination of $5,000.00 each, dated April 1, 1977, numbered
in direct order of maturity from 1 upwards and will bear interest from
their date payable on February 1, 1978, and semi-annually thereafter.
Said bond will mature on the 1st day of February, as follows
$ 50,000 February 1, 1978,
$100,000 February 1st of each of the years 1979, 1980 and 1981;
$ 75,000 February 1st of each year from 1982 to 1987, inclusive;
$ 50,000 February 1, 1988,
S. 25,000 February 1st of each year from 1989 to 1992, inclusive.
PRIOR REDEMPTION: Bonds of this issue are not subject to prior redemption.
INTEREST RATE AND BIDDING DETAILS The bonds shall bear interest at a rate or
rates not exceeding 8% per annum, to be fixed by the bids therefor, expres-
sed in multiples of 1/8 or 1/20 of 1% or both.The interest on any one
15995
bond shall be at one rate only, all bonds maturing in any one year must
carry the same interest rate and each coupon period shall be represented
by one interest coupon. The difference between the highest and lowest
interest rate on the bonds shall not exceed two (2%) per cent per annum.
No proposal for the purchase of less than all of the bonds or at a price
less than 100% of their par value will be considered.
PAYING AGENT: Both principal and interest shall be payable at a bank or
trust company located in Michigan qualified to act as paying agent under
State or United States law, to be designated by the original purchaser of
the bonds, who may also designate a co-paying agent, which may be located
outside of Michigan, qualified to act as paying agent under the law of the
State in which located or of the United States, both of which shall be
subject to approval of the undersigned.
PURPOSE AND SECURITY. The bonds are issued in anticipation of the collec-
tion of special assessments for street improvements in certain special
assessment districts in said City, as set forth in the bond authorizing
resolution. The special assessments and interest thereon are sufficient
to pay the principal and interest on the bonds as when due. The liability
of each special assessment district is limited as set forth in the ,bond
authorizing resolution. The bonds will pledge the full faith and credit
of the City of Livonia as additional security for payment of the principal
and interest thereon.
GOOD FAITH A certified or cashier's check in the amount of $19,000.00dre,:r
upon an incorporated bank or trust company and payable to the order of the
Treasurer of -ity must accompany each bid as guarantee of good faith
on the part of the bidder, to be forfeited as liquidated damages if such
bid be accepted and the bidder fails to take up and pay for the bonds. No
interest shall be allowed on the good faith checks and checks of the
unsuccessful bidders will be promptly returned to each bidder's represerta-
tive or by registered mail.
AWARD OF BONDS The bonds will be awarded to the bidder whose bid produces
the lowest interest cost computed by determining, at the rate or rates
specified in the bid, the total dollar value of all interest on the bonds
from 19 to their maturity and deducting therefrom any
premium.
LEGAL OPINION: Bids shall be conditioned upon the unqualified approving
opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit,
Michigan, a copy of which opinion will be printed on the reverse side of
each bond, and the original of which will be furnished without expense to
the purchaser of the bonds at the delivery- thereof.
DELIVERY OF BONDS: The City will furnish bonds ready for execution at its
expense. Bonds will be delivered without expense to the purchaser at
Detroit, Michigan, Chicago, Illinois or New York, New York. The usual
closing documents, including a certificate that no litigation is pending
15996
affecting the issuance of the bonds, will be delivered at the time of the
delivery of the bonds. If the bonds are not tendered for delivery by
twelve o'clock noon, Eastern Time, on the 45th day following
the date of sale, or the first business day thereafter if said 45th day
is not a business day, the successful bidder may on that day, or any time
thereafter until delivery of the bonds, withdraw his proposal by serving
notice of cancellation in writing, on the undersigned in which event the
City shall promptly return the good faith deposit. Payment for the bonds
shall be made in Federal Reserve Funds. Accrued interest to the date of
delivery of the bonds shall be paid by the purchaser at the time of
delivery.
CUSIP NUMBERS CUSIP numbers will be applied for at the City's expense.
Improper imprintation of or failure to imprint CUSIP numbers shall not
constitute grounds for refusal to receive delivery of the bonds.
THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS.
ENVELOPES containing the bids should be plainly marked "Proposal for Special
Assessment Bonds. "
Clerk, City of Livonia
APPROVED.
STATE OF MICHIGAN
MUNICIPAL FINANCE COMMISSION
8. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same hereby
are rescinded.
A roll call vote was taken on the foregoing resolution with the following result
AYES• Bennett, Nash, Ventura and McCann.
NAYS None.
The communication from the Traffic Commission, dated November 23, 1976,
with respect to the installation of a "Stop" Sign at Botsford Elementary School,
CR-391-75, was received and filed for the information of the Council.
The communication dated November 18, 1976, which transmitted various
financial statements of the City of Livonia for the month ending October 31, 1976,
was received and filed for the information of the Council.
Councilman Ventura took from the table for second reading and adoption,
the following Ordinance:
15997
AN ORDINANCE AMENDING SECTION 6-169(1)
ift, OF CHAPTFR I (TRAFFIC ORDINANCE) OF TITLE
6 OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result
AYES: Bennett, Nash, Ventura and McCann.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
Councilman Ventura took from the table for second reading and adoption,
the following Ordinance•
AN ORDINANCE AMENDING SECTION 22 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO.
543, AS AMENDED, KNOWN AND CITED AS THE
"CITY OF LIVONIA ZONING ORDINANCE," BY
ADDING SECTION THERETO. RE• PETITION
76-6-1-24 FOR CHANGE OF ZONING FROM C-2
AND R-1 TO P.S.
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Bennett, Nash, Ventura and McCann.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
By Councilman Nash, seconded by Councilman Bennett, it was
#1030-76 RESOLVED, that having considered a communication from the Michi-
gan Liquor Control Commission, dated November 2, 1976, with regard to an
application from Donald E. Vargo of 2440 Lake Angelus Lane, Pontiac,
Michigan, for a new full year Class C License to be located at 11701 Merri-
man, Livonia, Michigan, Wayne County, and having also considered a com-
munication from Mr. Donald E. Vargo, dated November 12, 1976 in connection
therewith, the Council does hereby determine to refer the same to its
Committee of the Whole for consideration along with all other such applica-
tions.
L A roll call vote was taken on the foregoing resolution with the following result
AYES• Bennett, Nash and McCann.
NAYS. *Ventura.
The President declared the resolution adopted.
15998
*Councilman Ventura made the following statement: My 'no' vote is cast
ihow because I feel that the petitioner for a Class "C" License should be given the
opportunity to come in and present his plans for same.
By Councilman Nash, seconded by Councilman Bennett, and unanimously
adopted, it was
#1031-76 RESOLVED, that having considered a communication from Mr. John A.
Kyte, 88+1 Louise, Livonia, Michigan, dated November 10, 3976, which
indicates the existence of a problem concerning the use of a common drive-
way located north of the Saints Tri-Parish Credit Union, the Council does
hereby determine to refer the same to the Traffic Commission for its
report and recommendation, the same to be forwarded expeditiously.
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#1032-76 RESOLVED, that having considered a communication from the Super-
intendent of Parks and Recreation, dated September 21, 1976, approved by
the Finance Director and approved for submission by the Mayor, with regard
to proposed lease agreements between the City of Livonia and Dave and
Cynthia Montgomery and Craig and Carol Ashworth for the occupancy of
certain premises at 38125 W. Eight Mile Road (Greenmead), the Council does
hereby determine to refer the same to the Department of Law for the prepa-
ration of the said Lease Agreements, the same to thereafter be submitted
to Council for its consideration.
By Councilman Nash, seconded by Councilman Bennett, it was
#1033-76 RESOLVED, that having considered a communication from the Super-
intendent of Parks and Recreation, dated October 28, 1976, approved by the
Finance Director and approved for submission by the Mayor, with regard to
the proposed construction of two tennis courts at Algonquin Park, the
estimated overall cost of which is $26,000.00, the Council does hereby
determine to authorize the Department of Parks and Recreation to proceed
with the submission of an application to the Michj:gan Department of Natural
Resources and the Bureau of Outdoor Recreation for a Grant-in-Aid in the
amount of $13,000.00, with regard to this project, the Council taking this
means to indicate that in event the said application is approved that the
City will assume its share of the costs involved.
A roll call vote was taken on the foregoing resolution with the following result.
AYES• Bennett, Nash, Ventura and McCann.
NAYS• None.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
15999
#1034-76 RESOLVED, that having considered a communication from Arthur O.
Carmichael & Associates, Inc. , dated November 11, 1976, wherein an offer
is submitted for the purchase of certain City-pwned property located on
Haggerty Road north of Seven Mile Road, commonly identified as the "water
tower site" (.69 acres), the Council does hereby determine to refer the
same to the Capital Improvement Committee and to the City Planning Depart-
ment for their respective reports and recommendations.
By Councilman Bennett, seconded by Councilman Nash, and unanimously
adopted, it was
#1035-76 RESOLVED, that having considered a communication from the Person-
nel Director, dated October 27, 1976, approved by the Finance Director
and approved for submission by the Mayor, and which transmits a resolution
adopted by the Civil Service Commission on August 26, 1976, wherein it is
recommended that the classification of Personal Property Tax Collector be
established on a full-time basis, the Council does hereby determine to
refer this item to the Finance and Insurance Committee for its report and
recommendation.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#1036-76 RESOLVED, that having considered a communication from the Person-
nel Director, dated November 3, 1976, approved for submission by the
Mayor, and which transmits a resolution adopted by the Civil Service Commis-
sion on October 21, 1976, in connection with a communication from the Board
of Trustees of the Livonia Employees Retirement System, dated October 14,
1976, wherein it is recommended that Section 2-726 of the Livonia Code of
Ordinances concerning disability retirements regarding claim to worker's
compensation paid to an employee after age 55 be amended, the Council does
hereby determine to refer the same to the Department of Law for the prepara-
tion of the appropriate ordinance amendment for submission to Council, as
well as a report and recommendation concerning the propriety of acting on
this matter in the absence of negotiations being conducted with employee
labor organizations.
The communication dated October 25, 1976 from the Civil Service Commission
with respect to the confidentiality of addresses of Police Officers, was received and
filed for the information of the Council.
By Councilman Ventura, seconded by Councilman Bennett, it was
#1037-76 RESOLVED, that having considered a communication from the Person-
nel Director, dated November 3, 1976, approved for submission by the
Mayor, and which transmits a resolution adopted by the Civil Service Com-
mission on October 21, 1976, wherein it is recommended that with respect
to worker's disability compensation claims that the Personnel Director
after a review of the recommendation by Corporate Service, Inc., and the
circumstances of the case, make the decision as to whether or not the claim
should be paid, subject to the appeal rights of an employee under the law,
the Council does hereby determine to concur in and approve of such action.
16000
A roll call vote was taken on the foregoing resolution with the following result:
lbwAYES• Bennett, Nash, Ventura and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Ventura, it was
#1038-76RESOLVED, that having considered a communication from the Person-
nel Director aza the CETA Program Administrator, dated November 16, 1976,
approved by the Finance Director and approved for submission Ly the Mayor,
the Council does hereby determine to au!,horize the following subgrant
contracts and Subgrant Contract Extensions in the manner detailed in the
aforesaid communication-
A. Subgrant contracts
No. of Amount Dates
Name of Agency Title Jobs of Funds From To
Livonia Public
Schools, I 29 $ 6+,000 1-12-76 9-3o-76
Livonia Public
Schools VI 113 445,750 10-13-75 7-31-76
B. Subgrant extensions.
Previous Contract Date Dates
Name of Agency Title From To From To
Livonia Chamber
of Commerce VI 10-13-75 6-30-76 7-1-76 11-30-76
Madonna
College VI 10-1-75 6-30-76 7-1-76 7-7-76
Township of
Northville I 10-20-76 10-31-76 10-1-76 10-31-76
Clarenceville
Sch.Dist. II 10-21-76 6-30-76 7-1-76 8-31-76
Clarenceville
Sch.Dist. VI 10-16-76 6-30-76 7-1-76 9-30-76
Schoolcraft
Comm.College VI 1-12-76 6-30-76 7-1-76 9-30-76
the Council does hereby authorize the Mayor and City Clerk to execute the
L aforesaid Subgrant Contracts and Subgrant Contract Extensions for and on
behalf of the City of Livonia, as well as to do all other things necessary
or incidental to the full performance of this resolution.
16001
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Nash, Ventura and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Bennett, and unanimously
adopted, it was
#1039-76 RESOLVED, that having considered a communication fi.. :i the Water
and Sewer Board, dated November 17, 1976, which bears the signature of the
Director of Finance, is approved for submission by the Mayor, and which
transmits its resolution WS 2141 11/76, wherein it is recommended that the
Wayne County Sewage Disposal Rate be increased, the Council does hereby
determine to refer the same to the Water and Sewer Committee for its report
and recommendation.
By Councilman Nash, seconded by Councilman Bennett, it was
#1040-76 RESOLVED, that having considered a communication from the Chief
of Police and the Director of Public Safety-Police, dated November 15,
1976, which bears the signature of the Director of Finance and is approved
for submission by the Mayor, the Council does hereby determine to authorize
the following transfers within the Police Division Budget Accounts for the
1975-1976 Fiscal Year:
s 4,133.00 From 302-702 Salaries To 304-702 Salaries
357.00 From 302-702 Salaries To 307-702 Salaries
1,154.00 From 316-702 Salaries To 310-702 Salaries
5,834.00 From 321-702 , Salaries To 325-702 Salaries
29,200.00 From 323-702 Salaries To 325-702 Salaries
857.00 From 321-702 Salaries To 329-702 Salaries
422.38 From 302-767 Traffic Control To 309-939 Vehicle Maintenance
Supplies
1,500.00 From 302-768 Uniforms, To 309-939 "
459.00 From 302-960-010 Education & To 309-939 " "
Training
144.68 From 304-742 Blankets & To 309-939 " "
Medical
150.00 From 304-768 Uniforms To 309-939
400.00 From 304-861 Auto Expenses To 309-939 " "
495.55 From 304-864 Travel & To 309-939 "
Education
137.72 From 304-960-010 Education & To 309-939 " It
Training
16002
$ 450.00 From 307-768 Uniforms To 309-939 Vehicle Maintenance
200.00 From 313-768 Uniforms To 304-904 Printing
175.00 From 319-768 Uniforms To 304-904 Printing
198.92 From 319-768 Uniforms To 309-751 Gas & Oil
300.00 From 316-768 Uniforms To 309-751 Gas & Oil
500.00 From 323-768 Uniforms To 309-751 Gas & O_1
3,250.63 From 325-768 Uniforms To 309-751 Gas & Oil
150.00 From 329-768 Uniforms To 309-751 Gas & Oil
135.44 From 329-947 Transportation To 309-751 Gas & Oil
205.15 From 329-960-010 Rental
Education & Trn. To 309-751 Gas & Oil
228.50 From 332-768 Uniforms To 309-751 Gas & Oil
the action herein being taken for the reasons indicated in the aforesaid
communication.
A roll call vote was taken on the foregoing resolution with the following result.
AYES• Bennett, Nash, Ventura and McCann.
NAYS• None.
By Councilman Nash, seconded by Councilman Ventura, it was
#1041-76 RESOLVED, that having considered a communication from the Chief
of Police and the Director of Public Safety-Folice, dated November 15,
1976, which bears the signature of the Director of Finance and is approved
for submission by the Mayor, the Council does hereby determine to appro-
priate the sum of $41,932.00 from the Unexpended Fund Balance Account, the
same to be allocated in the following manner.
Traffic Bureau 101-302-709 Overtime $ 3,672.00
Administration 101-304-960-110 Education Reimbursement 1,500.00
Detective Bureau 101-307-709 Overtime 4,857.00
Auto Services 101-309-751 Gas & Oil 3,792.00
Communications 101-310-709 Overtime 1,631.00
Youth Bureau 101-316-709 Overtime 1,289.00
Central Records 101-321-709 Overtime 7,886.00
Special Service 101-323-709 Overtime 4,070.00
Patrol Bureau 101-325-709 Overtime 12,566.00
Intelligence Bureau 101-332-709 Overtime 155.00
16003
Cadet Patrol 101-332-709 Overtime 514.00
$ 41,932.00
further, the Council does hereby determine to increase the Budget Revenue
Account of State Payment Business Inventory Tax by the sum of $41,932.00
which is to be reflected as an increase in the Unexpended Fund Balance
Account in order to accomplish the purpose of the action taken herein, as
indicated in the aforesaid communication.
A roll call vote was taken on the foregoing resolution with the following result:
AYES• Bennett, Nash, Ventura and. McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#1042-76 RESOL1ED, that lyr.v.ing considered a communication from the Mayor,
dated November 15, 1976, regarding the appointment of Dorothy Mark, 19926
Rensellor, Livonia, Michigan 48152, to serve on the Livonia Citizens
Advisory Committee relative to community development for a one year period,
the Council does hereby determine, pursuant to Article IV, Section 3 of the
Bylaws of the Citizens Advisory Committee, toconfirm and approve of the
said, appointment.
By Councilman Nash, seconded by Councilman Bennett, and unanimously
adopted, it was
#1043-76 RESOLVED, that having considered a communication from William N.
Ponder, dated. November 16, 1976, wherein he suggests that the City
designate certain of its facilities in honor of such past city residents
as Mr. Jesse Ziegler and Mr. Harry S. Wolfe in view and in honor of their
contributions to the City, the Council does hereby determine to refer the
same to the Mayor and the Capital Improvement Committee for their respec-
tive reports and recommendations.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#1044-76 RESOLVED, that having considered Petition 76-11-3-9, submitted
by P. B. McCarthy, President of McCarthy Brothers, Inc. , 25882 Orchard
Lake Road, Suite 208, Farmington Hills, Michigan 48204, dated November 19,
1976, wherein a request is made for the vacating of a certain easement on
Lots 17, 18 and 19 of Broadmoor Acres Subdivision, in the S.W. 1/4 of
Section 29, the Council does hereby determine to refer the same to the
City Planning Commission for action and recommendation in accordance with
provisions of Law and. City Ordinance.
1600+
Councilman Ventura gave first reading to the following Ordinance.
AN ORDINANCE AMENDING SECTION 10 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 54+3,
AS AMENDED, KNOWN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE," BY ADDING
SECTION THEEETO. RE• PETITION NO.
76-6-1-25 FOR CHANGE OF ZONING FROM R-1
TO P.S.
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 foregoing Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Ventura gave first reading to the following Ordinance.
AN ORDINANCE AMENDING SECTION 31 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND
AMENDING ARTICLE III OF ORDINANCE NO. 5143,
AS AMENDED, KNOWN AND CITED ASTHE "CITY
L OF LIVONIA ZONING ORDINANCE," BY ADDING
SECTION THERETO. RE. PETITION NO.
73-4-1-15 FOR CHANGE OF ZONING FROM P.L.
AND C-1 TO C-2.
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 foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council. .
Councilman :,Na h gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION
8-206 OF TITLE 8, CHAPTER 2,
(MISDEMEANORS) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk, and is the same as if word for word repeated herein.
The foregoing Ordinance was placed on the table for consideration at the next
Lregular meeting of the Council.
16005
The communication dated November 23, 1976 from the Livonia Traffic Commis-
sion, with respect to a 3-way stop sign at Crown and Northfield, in the New-Joy
Subdivision (CR-843-76), was received and filed for the information of the Council.
The communication from the Traffic Commission, dated November 23, 1976,
regarding traffic problems on Ellen Drive (CR-950-76), was received and filed for
the information of the Council.
By Councilman Nash, seconded by Councilman Bennett, and unanimously
adopted, it was
#1045-76 RESOLVED, that the Council does hereby establish the following
dates for the purpose of conducting regular meetings of the City Council
for the month of January, 1977.
Wednesday, January 5, 1977, and
Wednesday, January 19, 1977.
By Councilman Nash, seconded by Councilman Bennett, and unanimously
adopted, it was
#1046-76 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 Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#1047-76 RESOLVED, that having considered the report and recommendation
of the Joint School Board and City Council Committee, dated November 17,
1976, and submitted pursuant to Council Resolution 961-75, in connection
with a communication from the City Planning Commission, dated October 31,
1975, which transmits its Resolution No. 10-233-75 adopted on October 14,
1975, and which was submitted pursuant to Council Resolution No. 670-75,
relative to a request submitted by the Board of Education for the rezoning
of the Pierson School property, the Council does hereby determine to take
no further action with respect to this item.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#1048-76 RESOLVED, that having considered the report of the Joint School
Board and City Council Committee, dated November 17, 1976, and submitted
pursuant to Council Resolution 804-76, in connection with a communication
16006
from the Livonia Library Commission, dated August 20, 1976, approved for
submission by the Mayor, wherein it is recommended that the City e.cquire a
parcel of property 2.578 acres in size situated in the Northeast 1/4 of
Section 18, for future use as the location of a proposed northwest branch
library, which site is situated on the west side of Newburgh Road, south
of Six Mile Road, adjacent to the City-owned proposed fire station site,
and having also considered a communication from the Mayor, dated October
29, 1976, which indicates that an appropriation in the amount of $500.00
would be required in order to obtain two real estate appraisals of the
property in qu3stion, the Council does hereby determine to take no further
action with respect to this item at this time.
By Councilman Ventura, seconded by Councilman Bennett, it was
#1049-76 RESOLVED, that having considered a communication from the
Assistant Superintendent for Operational Services of the Livonia Public
Schools, dated December 1, 1976, to which is attached a communication from
the Director of Finance, dated November 3, 1976, with regard to the City's
share of expenses for the operation of the Livonia Community Youth
Employment Office for the 1976-1977 fiscal year, in the amount of $6,000.00,
the Council does hereby authorize the payment of same from funds previously
appropriated for this purpose and, in this regard, requests that the City
Clerk and City Treasurer do all 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 Bennett, Nash, Ventura and McCann.
NAYS None.
By Councilman Nash, seconded by Councilman Ventura, it was
#1050-76 RESOLVED, that having considered a communication from the City
Clerk, dated December 2, 1976, which indicates that Dembs-Roth Management
Company, 17220 West 12 Mile Road, Southfield, Michigan 48075, proprietor
of Julaur Industrial Subdivision located in the North 1/2 of Section 28,
has delivered final true plats to the City Clerk and requested that said
plat be presented to Council for final approval; and the Council having
received a communication from the City Planning Commission, dated
November 30, 1976, wherein said Commission approves the final plat for the
said subdivision in its Resolution 11-232-76 adopted on November 23, 1976;
and the Council having considered a report from the City Engineer, dated
November 18, 1976, recommending approval of the final plat of said subdi-
vision, the preliminary plat of which was approved by the Council in its
Resolution 970-76 adopted on November 10, 1976, said preliminary plat
having been recommended for approval by the City Planning Commission on
August 20, 1976 in its Resolution 8-134-76; now, therefore, the Council
does hereby determine to grant its approval to the Final Plat of Julaur
Industrial Subdivision, located in the North 1/2 of Section 28, City of
Livonia, Wayne County, Michigan, as submitted by the proprietor thereof,
which proprietor is also hereby required to do all things necessary to
obtain full compliance with the Subdivision Control Act of Michigan of
1967, as amended, and the Ordinances of the City of Livonia, and further,
the City Clerk is hereby requested to do all things necessary or incidental
to the full performance of this resolution.
16007
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Bennett, Nash, Ventura and McCann.
NAYS. None.
By Councilman Ventura, seconded by Councilman Nash, it was
#1051-76 RESOLVED, that having considered a communication dated October 8,
1976 from the Michigan Liquor Control Commission, with regardto an
application from attorney David A. Perry, 31250 Plymouth Road, Livonia,
Michigan, submitted in behalf of Piccr_o Restaurant, Inc. for a new Class
"C" License to be located at 29505 Plymouth Road, Livonia, Michigan, Wayne
County, the Council does hereby determine to take this means to advise the
Michigan Liquor Control Commission that the City Council approves the said
request "above all others, " such approval being subject to and conditioned
upon compliance by the applicant with the following conditions•
1. That the license will be put to use within the City of
Livonia within 2 years from the date of issuance by the
Michigan Liquor Control Commission.
2. That the license will be used at the location indicated
by the applicant in accordance with plans and other com-
munications submitted to the Council.
3. That the license will be used in a facility which is also
used for serving of food to be consumed on the premises.
sow
4. That the license will not be transferred, sold or assigned
to a third party prior to actual use by the applicant.
5. That a police report will be submitted to the Council.
In the event that the applicant fails to comply with any of the aforesaid
conditions in any manner whatsoever, this approval shall immediately and
automatically be deemed invalid and revoked except to the extent that the
applicant may be permitted to seek modification of condition No. 2 above,
upon approval of such modification by the City Council based upon a show-
ing of good cause, and the City Clerk is hereby requested to transmit a
certified copy of this resolution to the Michigan Liquor Control Commis-
sion.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Nash, Ventura and McCann.
NAYS• Bennett.
The President declared the resolution adopted.
By Councilman Nash, seconded by Councilman Ventura, it was
16008
#1052-76 RESOLVED, that having considered a communication from the Michi-
gan Liquor Control Commission, dated August 31, 1976, and received by the
Office of the City Clerk on October 15, 1976, with regard to a request
from Woodland Lanes, Inc. for dropping Michael P. Glime and Peter Hodges
as stockholders through sale of all stock interest to new stockholders
Alvin J. Winkel and William P. Winkel in 1976 Class C licensed business with
dance permit and permit for sale, service and consumption of alcoholic
beverages in concourse area, located at 33775 Plymouth Road, Livonia,
Michigan, Wayne County, and having also considered a communication from the
Chief of Police, dated December 6, 1976, in connection with the same,
the Council does hereby determine to approve the aforesaid request in the
manner and form herein submitted, and the Office. of 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: Bennett, Nash, Ventura and McCann.
NAYS. None.
By Councilman Ventura, seconded by Councilman Nash, it was
#1053-76 RESOLVED, that having considered a communication from the City
Clerk, dated December 2, 1976, which indicates that Practical Home
Builders, Inc. and Boulevard Associates, 21790 Coolidge Highway, Oak Park,
Michigan 48237, proprietors of Stoneleigh Village Subdivision situated in
the S. W. 1/4 of Section 21, have delivered final true plats to the City
Clerk and requested that said plat be presented to Council for final
approval; and the Council having received a communication from the City
Planning Commission, dated November 24, 1976, wherein said Commission
approves the final plat for the said subdivision in its Resolution 11-237-76
adopted on November 23, 1976, and the Council having considered a report
from the City Engineer, dated October 7, 1976, recommending approval of
the final plat of said subdivision, the preliminary plat of which was
approved by the Council in its Resolution 633-76 adopted on July 21, 1976,
said preliminary plat having been recommended for approval by the City
Planning Commission on May 4, 1976 in its Resolution 5-69-76; now, there-
fore, the Council does hereby determine to ,grant its approval to the
Final Plat of Stoneleigh Village Subdivision, located in the S. W. 1/4
of Section 21, City of Livonia, Wayne County, Michigan, as submitted by
the proprietors thereof, which proprietors are also hereby required to do
all things necessary to obtain full compliance with the Subdivision Control
Act of Michigan of 1967, as amended, and the Ordinances of the City of
Livonia, and further, the City Clerk is hereby requested to do all 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: Bennett, Nash, Ventura and McCann.
NAYS. None.
16009
On motion of Councilman Ventura, seconded by Councilman Bennett, and
1. unanimously adopted, this 848th regular meeting of the Council of the City of Livonia
was duly adjourned, at 8.55 P. M., December 8, 1976.
ADDISON W. BirGe CITY LERK.