HomeMy WebLinkAboutCOUNCIL MINUTES 1972-04-26 ,2907
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MINUTES OF THE SEVEN HUNDRED THIRTY-FOURTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On April 26, 1972, 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 8:00 P. M.. Councilman Bennett delivered the invocation. Roll was
called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A.
Ventura, Jerry Raymond, Edward, G. Milligan, Robert E. McCann and Robert D. Bennett.
Absent--None.
Elected and appointed officials present: Addison W. Bacon, City Clerk;
Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works; Jack
Dodge, Budget Director; Dan Gilmartin, Industrial Coordinator; G. E. Siemert, City
LEngineer; John Nagy, City Planner; Rudolf R. Kleinert, Director of Public Safety-
Fire; Robert Turner, Police Chief; Calvin Roberts, Fire Chief; Ronald Mardiros, City
Assessor; H. L. Bridges, Assistant City Assessor; James Miller, Personnel Director;
Frank Kerby, Chief Building Inspector; John T. Dufour, Superintendent of Parks and
Recreation; Richard Jones, Assistant Superintendent of Operations Division; Michael
Reiser, Water and Sewer Board; and Francis M. Hand of the Planning Commission.
By Councilman Ventura, seconded by Councilman McCann, and unanimously
adopted, it was
#361-72 RESOLVED, that the minutes of the 733rd regular meeting of the
Council of the City of Livonia, held on April 12, 1972, are hereby approved.
By Councilman McCann, seconded by Councilman Ventura, it was
#362-72 WHEREAS, by resolution No. 257-72 adopted by the City Council on
March 15, 1972, the City of Livonia accepted the offer of the Computer
Election Systems, Inc., for the purchase of thirty (30) Shoup electrically-
operated voting machines, known as the ten column, fifty row machine, for
a total price including prepaid freight of $24,750.00;
AND WHEREAS, purchase order No. 44209 was duly issued for the
purchase thereof;
NOW, THEREFORE, BE IT RESOLVED THAT:
12908
1. The City Council, pursuant to Section 774 of Act 116,
Public Acts of Michigan, 1954, as amended, determines that Twenty-one
Thousand Ninety-three ($21,093.00) Dollars, being part of the purchase
price, shall be paid by the issuance of certificates of indebtedness to be
dated as of the date of the delivery of said certificates, and payable as
follows:
One (1) certificate of Seven Thousand Ninety-three
($7,093.00) Dollars, due on April 1, 1973, and two
(2) certificates of Seven Thousand ($7,000.00) Dollars
each, due annually thereafter on April 1st of each of
the years 1974 and 1975. Said certificates shall bear
interest at the rate of three and eight-tenths per cent
(3.80%), payable annually each year on the principal
payment date until maturity of said certificate. Pay-
ment of interest on said certificates shall be evidenced
by an appropriate notation on each of said certificates
as hereinafter set forth. Both principal and interest
on said certificates shall be payable at Livonia National
Bank, Livonia, Michigan.
2. Said certificates shall not be delivered to the
Computer Elections Systems, Inc. until said voting machines have been
delivered to and inspected by the City Clerk and have been found to be in
accordance with the terms of the proposal therefor and in all respects
satisfactory.
3. Said certificates shall be signed by the Mayor and
countersigned by the City Treasurer and City Clerk and have the corporate
seal of the City affixed, and that said certificates be delivered to the
Computer Election Systems, Inc.
4. Said certificates shall be typewritten and shall be in
substantially the following form.
UNITED STATES OF AMERICA
STATE OF MICHIGAN
COUNTY OF WAYNE
CITY OF LIVONIA
1972 VOTING MACHINE CERTIFICATE OF INDEBTEDNESS
No. $
KNOW ALL MEN BY THESE PRESENTS that the CITY OF LIVONIA, County
of Wayne, State of Michigan, for value received, acknowledges itself
indebted and promises to pay to the bearer hereof the sum of
�� DOLLARS
12909
lawful money of the United States of America, on the first day of April,
A.D., 19 , with interest thereon at the rate of three and eight-tenths
per cent—T3.80%) per annum, payable annually on the first day of April of
each year, both principal and interest to be payable at LIVONIA NATIONAL
BANK, Livonia, Michigan. Payment of said interest shall be evidenced by
an appropriate notation on the Interest Payment Statement hereinafter set
forth.
This certificate is one of a series of three (3) certificates of
like date and tenor, except as to date of maturity and amount, aggregating
the sum of $21,093.00, issued for the purpose of paying part of the cost
of thirty (34)voting machines sold and delivered to the City of Livonia by
Computer Election Systems, Inc., and is issued under the provisions of
Section 774, Act 116, Public Acts of Michigan, 1954, as amended.
This certificate is payable from the Debt Retirement Fund of the
City of Livonia, and the full faith and credit of said City is hereby
pledged for the payment of the principal and interest thereof.
It is hereby certified and recited that all things required to be
done in order to make this certificate a valid and binding obligation of
the City of Livonia has been done, and that the total indebtedness of said
City, including this certificate, does not exceed any constitutional or
statutory limitation.
IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State
of Michigan, by its City Council, has caused this certificate to be signed
in the name of said City by its Mayor and to be countersigned by its City
Treasurer and City Clerk, and its corporate seal to be hereunto affixed,
all as of the — day of , 1972.
CITY OF LIVONIA
(SEAL)
By
City Treasurer Mayor
City C erk
INTEREST PAYMENT DATE
as paying agent for the principal and interest on the above certificate,
hereby certifies that the following interest payments have been made on
the above certificate:
12910
Interest Payment Amount of Authorized
Date Interest Paid. Signature
April 1, 1973 $_
April 1, 1974 --,
April 1, 1975 $
5, The period of usefulness of said voting machines is
estimated to be not less than fifteen (15) years.
6. Al]. 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, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
The communication dated April 25, 1972 from the City Clerk, with respect to
the approval of the Final Plat of Linden Wood Subdivision, was received and filed for
the information of the Council.
The communication dated April 19, 1972 from the City Clerk, transmitting
copy of Statement of Revenues and Expenditures of the General Fund for the Fiscal
Year 1971-72, ending February 29, 1972, was received and filed for the information
of the Council.
By Councilman Raymond, seconded by Councilman Milligan, it was
#363-72 RESOLVED, that having considered a communication from the
Superintendent of Parks and Recreation dated March 20, 1972, approved for
submission by the Mayor, wherein a request is set forth to discontinue
the operation of the Mini-Bike Trails on certain property owned by the
Archdiocese of Detroit located on Lyndon Avenue, north of Ford Field,
the Council does hereby determine to reject the aforesaid request on the
basis that the operation of this facility should continue, pending
development of a permanent City-owned site for this purpose; further,
the Council does hereby authorize a transfer from the Unexpended Fund
Balance Account a sum not to exceed $300.00 for purposes of insurance
premiums with respect to this facility.
Le A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: McCann.
The President declared the resolution adopted.
22911.
The communication from the City Engineer, dated March 28, 1972, relative
to the Fitzgerald Avenue Sanitary Sewer Extension, CR-247-72, was received and filed
for the information of the Council.
Councilman McCann gave second reading to the following Ordinance:
AN ORDINANCE AMENDING CHAPTER 3 OF
TITLE 8 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
(Narcotic & Dangerous Drugs)
A roll call vote was taken on the foregoing Ordinance with the following result-
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
Councilman Milligan gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 11.03
OF ARTICLE XI OF ORDINANCE NO. 543, AS
AMENDED, KNOWN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE."
(Petition 71-6-6-5) ______
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bennett, Brown, *Raymond, Milligan, McCann and. Nash.
NAYS: Ventura.
The President declared the foregoing Ordinance duly adopted and would become
effective on Publication.
*Councilman Raymond abstained from voting, which is recorded as a "yes"
vote under the provisions of Section 2-119 of the Livonia Code of Ordinances.
Councilman McCann gave second reading to the following Ordinance:
AN ORDINANCE AMENDING CHAPTER 9 OF
TITLE 5 (PARKS AND PLAYGROUNDS) OF
THE LIVONIA CODE OF ORDINANCES, AS
AMENDED, BY ADDING PARAGRAPH (t) TO
SECTION 5-901 THERETO.
12912
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
Councilman Ventura gave second reading to the following Ordinance:
AN ORDINANCE AMENDING CHAPTER 9 OF
TITLE 5 (PARKS AND PLAYGROUNDS) OF
THE LIVONIA CODE OF ORDINANCES, AS
AMENDED, BY ADDING PARAGRAPHS (u)
THROUGH (kk) TO SECTION 5-901 THERETO.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: McCann,
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
By Councilman Ventura, seconded by Councilman Raymond, it was
#364-72 RESOLVED, that having considered a communication. dated March 20,
1972 from the Assistant Assessor, approved for submission by the Mayor,
with regard to a request from Mr. Leo Burton, 9620 Hubbard Road, Livonia,
Michigan 48150, and in accordance with the provisions of Act 288 of the
Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No.
543, the City of Livonia Zoning Ordinance, as amended, the Council does
hereby find that the proposed division or partition of Tax Parcel 36c22
would not be contrary to the spirit and purpose of the aforesaid Ordinance
and does, accordingly, approve of dividing of same into two parcels, the
legal descriptions of which shall read as follows:
A. The southerly 99.50 feet of Lot 22, Newman Joy Road
Subdivision, L. 66 - P. 19 W.C.R.
B. Lot 22, excepting the southerly 99.50 feet, Newman Joy
Road Subdivision, L. 66 - P. 19 W.C.R.
as shown on the map attached to the aforesaid communication which is made
a part hereof by this reference; and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of
the Wayne County Register of Deeds.
12913
L A roll call vote was taken on the foregoing resolution with the following result:
AYES: Brown, Ventura, Raymond, McCann and Nash.
NAYS: Bennett and Milligan.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Raymond, it was
#365-72 RESOLVED, that having considered a communication from the
Superintendent of Parks and Recreation dated April 4, 1972, approved by
the Budget Director and approved for submission by the Mayor, the Council
does hereby accept the bid of Robertson Bros. in the total amount of
$1,820.00 (Unit Price $910.00) for cleaning the Botsford and Clement
Circle Pools, the same having been in fact the lowest bid received for
this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Brown, Bennett, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
L By Councilman McCann, seconded by Councilman Milligan, it was
#366-72 RESOLVED, that having considered the report and recommendation of
the Parks and Recreation Commission dated March 29, 1972, approved by the
Budget Director and approved for submission by the Mayor, with regard to
bids received for Arts and Crafts Supplies for 1972 as set forth in a
list and tabulation attached to the aforesaid communication, the Council
does hereby accept the bids as recommended in the aforesaid list for the
total sum of $1,792.78 for the amount, item, bidder and price indicated;
the same having been in fact either the lowest bid, or the lowest bid
meeting specifications or the lowest identical bid received for these items.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Brown, Bennett, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Brown, seconded by Councilman Ventura, it was
#367-72 RESOLVED, that having considered the report and recommendation
of the Parks and Recreation Commission dated March 29, 1972, approved by the
Budget Director and approved for submission by the Mayor, with regard to
bids received for Playground Supplies for 1972 as set forth in a list and
tabulation attached to the aforesaid communication, the Council does hereby
L accept the bids as recommended in the aforesaid list for the total sum of
$2,561.50 for the amount, item, bidder and price indicated, the same hav-
ing been in fact the lowest bid or lowest identical bid received for these
items.
12914
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Brown, it was
#368-72 RESOLVED, that having considered a communication from the Chief
of Police and the Director of Public Safety-Police dated March 22, 1972,
approved by the Budget Director and approved for submission by the Mayor,
the Council does hereby accept the bid of General Electric Company, 13365
Michigan Avenue, Dearborn, Michigan, for supplying the City with five
Portable Hand-Held Transceivers for the total price of $4,975.00, the same
having been in. fact the lowest bid received for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Brown, it was
#369-72 RESOLVED, that having considered a communication from the Chief
of Police and the Director of Public Safety-Police dated March 22, 1972,
approved by the Budget Director and approved for submission by the Mayor,
the Council does hereby accept the bid of Gay Way Industrial Catering,
878 Starkweather, Plymouth, Michigan 48170, for providing prisoner's meals
at the City Jail for the following prices:
Breakfast $ .55
Lunch .85
Dinner 1.10
$2,.50
for a period of one year commencing with the effective date of this
resolution, the same having been in fact the lowest bid meeting caloric
requirements as specified by State law for this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Bennett, seconded by Councilman McCann, it was
#3?0-72 RESOLVED, that having considered a communication from the Chief
of the Fire Division and the Director of Public Safety-Fire dated
March 29, 1972, approved by the Budget Director and approved for submis-
sion by the Mayor, the Council does hereby accept the bid of B.J.Ratigan
Chrysler-Plymouth, 30777 Plymouth Road, Livonia, Michigan, for supplying
12915
the Fire Prevertion Bureau with one Four Door Sedan (Plymouth Fury PL41)
for the price of $2,674.00, less $150,,00 trade-in (One 1966 Ford Four Door
Sedan 8, Serial No. 6w54C144490) for a net total price in the amount of
$2,524.00, the same having been in fact the lowest bid received for this
item.
A. roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Raymond, it was
#371-72 RESOLVED, that having considered a communication from the
Superintendent of Operations, Director of Public Works and the Budget
Director dated March 21, 1972, approved for submission by the Mayor, the
Council does hereby accept the bid of the Radio Corporation of America,
24333 Southfield Road, Southfield, Michigan 48075, for supplying the Road
Section of the Operations Division with three (3) RCA Model CMLF5MMTQDMB
Mobile Radio Units for the total price of $2,494.38 (Unit Price $831.46)
and for supplying the Water Maintenance Section with four (4) RCA Model
CMLF5MMTQDMB Mobile Radio Units for the total price of $3,325.84 (Unit
Price $831.46), the same having been in fact the lowest bid received for
this item.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Brown, seconded by Councilman Milligan, it was
#372-72 RESOLVED, that having considered a communication from the City
Engineer dated March 20, 1972, approved by the Director of Public Works
and the Chairman of the Water and Sewer Commission and approved for submis-
sion by the Mayor, the Council does hereby accept the bid of Ameron, Inc. ,
Pipe Lining Division, P. 0. Box 67, Kenilworth, New Jersey, in the amount
of $215,378.20 for the cleaning and cement mortar lining of Cast Iron Water
Mains on Five Mile Road from Ingram to Middlebelt Road, Merriman Road from
Five Mile to Plymouth Roads and on Hubbard Road from Myrna to Jamison as
well as the supplemental bid items as set forth in the aforesaid communica-
tion, based on the Engineering Division's estimate of units of work
involved and subject to the final payment based on the actual units of
work as constructed in accordance with the unit prices accepted herein,
said estimated cost and unit prices having been in fact the lowest bid
received for this work; and the Director of Public Works is hereby author-
ized to approve all minor adjustments in the work as completed; further,
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; further, the Council does hereby determine to increase the
12916
Water. Department Capital Budget Outlay by $25,378.20 from the original
amount of $190,000.00 to the amount of $215,378.20 for this purpose;
and the Council does hereby also determine to employ the firm of Pitometer
Associates, 116 S. Michigan Avenue, Chicago, Illinois 60603, for the
estimated cost of $950.00 for the purpose of certifying that the specified
Hazen-Williams Formula "C" Coefficient has been complied with by the afore-
said contractor, Ameron, Inc. in connection with work to be performed as
specified; and for this purpose the Council does hereby determine to
increase the Water Department Capital Budget Outlay by $950.00; and the
City Clerk and City Treasurer are hereby requested to do all things neces-
sary or incidental to fulfill the purpose of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Raymond, seconded by Councilman McCann, it was
#373-72 RESOLVED, that having considered a communication from the
Personnel Director dated April 3; 1972, approved by the Budget Director and
approved for submission by the Mayor, which transmits a resolution adopted
by the Civil Service Commission on March 21, 1972, wherein the Commission
did recommend that one position in the Violations Bureau be reclassified
from Clerk Typist II to Account Clerk I with the following salary range:
Minimum Maximum
Step I Step 1 1/2 Step 2 Step 3 _ Step 4 Step 5
$7,342.20 $7,508.80 $7,675.20 $8,008.00 $8,340.80 $8,673.60
282.40 288.80 295.20 308.00 320.80 333.60
3.53 3.61 3.69 3.85 4.01 4.17
and that promotion to the reclassified position be by promotional examina-
tion, the Council does hereby determine to concur in and approve of such
action.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Raymond, seconded by Councilman Ventura, it was
#374-72 RESOLVED, that having considered a communication from the
Personnel Director dated March 29, 1972, approved by the Budget Director
and approved for submission by the Mayor, which transmits a resolution
adopted by the Civil Service Commission on March 21, 1972, wherein the
Commission did recommend that the classification of Legal Aide be estab-
lished in the Department of Law with the following salary range:
Pay Rates forLegal Aide (1) 12917
Step 1 Step 2 Step 3
$3.25/hr. $3.50/hr. $3.75/hr.,
(First year law student) (Second year law student) (Third year law student
and that the foregoing pay rate shall represent the full compensation for
all services rendered with no other compensation or benefits to be paid
to this classification except that the employee shall be eligible for
holiday pay after having been continuously employed for 480 scheduled
hours, the Council does hereby determine to concur in and approve of such
action.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash,
NAYS: None.
By Councilman McCann, seconded by Councilman Brown, it was
#375-72 RESOLVED, that having considered a communication from the Person-
nel Director dated March 28, 1972, approved by the Budget Director and
approved for submission by the Mayor, which transmits a resolution adopted
by the Civil Service Commission on March 21, 1972, wherein it is recommend-
ed that the title of City Communications Technician be retitled to City
Communications Supervisor, the Council does hereby determine to concur in
and approve of such action.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
The following resolution was unanimously introduced, supported and adopted.
#376-72 RESOLVED, that having considered a communication dated March 27,
1972 from Newburgh Heights/Greenwood Farms Civic Association, the Council
does hereby grant permission to the said Civic Association to hold a Bike
Parade on June 10, 1972 beginning at 1:30 P. M. and lasting approximately
one and one-half hours, with the route of the parade proceeding northwest
along Kingsbury, north on Huff to Ladywood, west to Stonehouse Circle,
northwest to Blue Skies and following Blue Skies to the common play area,
subject to the approval of the Director of Public Safety-Police.
The following resolution was unanimously introduced, supported and adopted:
#377-72 RESOLVED, that having considered a request from Miss Denise Bryan,
11685 Longacre, Detroit, Michigan, dated February 21, 1972 requesting
permission to block off Hubbell Street, between Plymouth Road and Dalhay
12918
Avenue, on Tune 24, 3972 for the purpose of accommodating a wedding at
11000 Hubbell and having also considered a petition dated March 25, 1972
which bears the signatures of sixteen residents of Hubbell Street, the
Council does hereby determine to authorize the closing of Hubbell Street
on June 24, 1972, for the hours 2:00 P. M. to 10:00 P. M., subject to the
approval of the Police Department and based upon the condition that a
route at all times will be available for the purpose of accommodating
residents on this street.
The following resolution was unanimously introduced, supported and adopted.
#378-72 RESOLVED, that having considered a communication from the Rosedale
Gardens P.T.A. Spring Fair Publicity Chairman dated April 13, 1972 request-
ing permission to use a bull horn in the Rosedale Gardens Subdivision on
May 13, 1972 between the hours of 10:00 a.m. and 2.00 p.m. for the purpose
of publicizing the aforesaid P.T.A. Spring Fair, the Council does hereby
grant permission to the said organization for this purpose.
By Councilman Raymond, seconded by Councilman Ventura, it was
#379-72 RESOLVED, that having considered a communication from the City
Assessor dated April 10, 1972, approved by the Budget Director and
approved for submission by the Mayor, the Council does hereby authorize
the transfer of the sum of $135.00 from the Personal Services Account No,
247-707 to Account No. 247-704 for the purpose of providing sufficient
funds necessary to compensate the three members of the Board of Review
for the additional session conducted on April 3, 1972; and the City Clerk
and City Treasurer are hereby requested to do all things necessary or
incidental to fulfill the purpose of this resolution.
P roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Bennett, seconded by Councilman Brown, it was
#3$0-72 RESOLVED, that having considered a communication from the Mayor.
dated April 5, 1972, approved as to the availability of funds by the
Budget Director, the Council does hereby determine that by way of addition-
al compensation the City Assessor shall receive the sum of $45.00 per day
for each day he attended meetings conducted by the Board of Review in 1972
in his capacity as advisor to the Board of Review and for this purpose
transfers the sum of $1,035.00 from Account No. 252-833 to Account No.
247-704.
roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
12919
By Councilman Ventura, seconded by Councilman Bennett, it was
#381-72 RESOLVED, that having considered a communication from the City
Engineer dated April 5, 1972, approved by the Director of Public Works
and approved for submission by the Mayor, with regard to a soils explora-
tion made for the proposed DPW addition on Farmington Road and a report
prepared by the Michigan Drilling Company for the sum of $931.50 as
indicated in their invoice dated March 15, 1972 which is attached to the
aforesaid communication, the Council does hereby appropriate and authorize
the expenditure of the sum of $931.50 from the Unexpended Fund Balance
Account for the purpose of making payment to the Michigan Drilling Company
for these services; and the City Clerk and City Treasurer are hereby
requested to do all things necessary or incidental to fulfill the purpose
of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman Brown, it was
#382-72 RESOLVED, that having considered a communication from the
Personnel Director dated March 14, 1972, approved by the Budget Director
and approved for submission by the Mayor, which transmits a resolution
adopted by the Civil Service Commission on March 7, 1972, wherein the
Commission did recommend that Mrs. Celesta Walker, Secretary IV, be paid
a rate of $5.82 an hour for the period December 7, 1970 thru January 12,
1971 for duties and responsibilities assumed by her until such time as a
full-time Industrial Coordinator was thereafter appointed, such payment
and the appropriations therefor to be made on the following basis:
Base Salary $270.00
Social Security 14.04
Retirement 17.98
$302.02,
the Council does hereby determine to reject the aforesaid recommendation
and deny this request.
roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Milligan, McCann and Nash.
NAYS: Ventura and Raymond.
The President declared the resolution adopted.
By Councilman Bennett, seconded by Councilman McCann, and unanimously
adopted, it was
12920
L #383-72 RESOLVED, that having considered a communication from the Mayor
dated March 31, 1972 as well as a communication from the Water and Sewer
Board dated March 24, 1972, approved for submission by the Mayor, which
transmits its resolution No. WS 1596 3/72 wherein an amendment to the
Livonia Code of Ordinances, Section 5-506, is proposed in order to remove
certain ambiguities in the existing ordinance, the Council does hereby
refer the same to the Department of Law for the purpose of placing the
proposed Ordinance in proper Code form.
By Councilman Ventura, seconded by Councilman Brown, it was
#384-72 RESOLVED, that having considered a communication dated April 14,
1972 from the City Planning Commission, which transmits its resolution No,
4-99-72 adopted by the Commission on April 4, 1972 with regard to Petition
No. 72-2-2-4 submitted by Robinson Furniture Company requesting permission
to construct and operate a furniture warehouse with an accessory retail
outlet as a waiver use on property zoned. M-1 located on the north side of
Industrial Road between Levan and Farmington Roads in the Northeast 1/4 of
Section 29, the Council does hereby concur in the recommendation made by
the City Planning Commission and Petition No. 72-2-2-4 is hereby approved
and granted; such action to be based upon the same conditions as are set
forth in the aforesaid recommendation of. the Planning Commission.
LA roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman Raymond, it was
#385-72 RESOLVED, that having considered a communication from the City
Planning Commission dated April 6, 1972, which transmits its resolution No.
4-102-72, adopted by the Commission on April 4, 1972 with regard to
Petition No. 72-3-8-3 submitted by Larry Malo, Karate/Judo Schools of
America, 4434 Woodward Avenue, Royal Oak, Michigan 48072, requesting use
and site plan approval for a Karate/Judo facility to be located on the
south side of Seven Mile Road, east of Middlebelt Road in the Northwest
1/4 of Section 12, the Council does hereby, pursuant to provisions set
forth in Section 18.56 of Ordinance No. 543, as amended, concur in the
recommendation of the Planning Commission and Petition No. 72-3-8-3 is
hereby approved; such approval to be based upon the same conditions as
those which are set forth in the aforesaid recommendation of the Planning
Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
LNAYS: None.
By Councilman Bennett, seconded by Councilman Brown, and unanimously
adopted, it was
12921
##386-72 RESOLVED, that having considered a communication dated September
28, 1971 from the City Planning Commissi'n which sets forth its resolu-
tion No. 9-256-71 with regard to Petition No. 71-6-1-47 submitted by Steve
and Anna Oliwek for a change of zoning on property located on the west
side of Newburgh Road, south of Six Mile Road in the Northeast 1/4 of
Section 18, from R-3-B to P.S., and the Council having conducted a public
hearing with regard to this matter on January 10, 1972 pursuant to Council
resolution No. 1016-71, the Council does hereby determine to refer this
matter to a meeting of the Committee of the Whole to be conducted on
June 5, 1972 for further consideration.
By Councilman Bennett, seconded by Councilman Raymond, and unanimously
adopted, it was
#387-72 RESOLVED, that having considered a communication dated June 18,
1971 from the City Planning Commission which sets forth its resolution No.
5-130-71 submitted by Harold E. Edwards for a change of zoning on property
located on the west side of Newburgh Road between Five Mile Road and Six
Mile Road in the East 1/2 of Section 18, from R-3 to R-7, and the Council
having conducted a public hearing with regard to this matter on September
13, 1971 pursuant to Council resolution No. 702-71, the Council does hereby
determine to refer this matter to a meeting of the Committee of. the Whole
to be conducted on June 5, 1972 for further consideration. (Pet. 71-4-1-20)
By Councilman Milligan, seconded by Councilman Bennett, it was
RESOLVED, that having considered a communication from the Mayor
dated March 27, 1972, as well as a communication dated March 24, 1972
from Mr. Fred H. Carne of Ralls-Hamill-Becker Associates, Inc., wherein
it is recommended that the proposed DPW facilities to be constructed by
the Construction Management method and that Ralls-Hamill-Becker Associates,
Inc., be retained as construction engineer for the project, the Council
does hereby determine to concur in and approve of the aforesaid recommenda-
tion as detailed and on the basis of the terms and conditions set forth
in the aforesaid communication from Mr. Carne and, therefore, the Council
does hereby request that the Department of Law prepare the necessary
amendment to the Agreement previously authorized between the City and the
said architectural firm of Ralls-Hamill-Becker Associates, Inc. for sub-
mission to Council for its approval.
roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Ventura and Milligan.
NAYS: Brown, Raymond, McCann and Nash.
The President declared the resolution DENIED.
By Councilman Brown, seconded by Councilman McCann, it was
12922
#388-72 RESOLVED, that having considered a communication from the Mayor
dated March 27, 1972, as well as a communication dated March 2L , 1972 from
Mr. Fred. H. Carne of Ralls-Hamill-Becker Associates, Inc., wherein it is
recommended that the proposed DPW facilities be constructed by the
Construction Management method and that Ralls-Hamill-Becker Associates,
Inc., be retained as construction engineer for the project, the Council
does hereby determine to reject the aforesaid recommendation and deny the
request as submitted since it is its determination that the proposed
project should be constructed on the basis of the Agreement currently in
effect between the City and the aforesaid Architectural Firm pursuant to
procedures previously authorized in this regard.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, *Raymond, **Milligan, McCann and Nash.
NAYS: None.
*Councilman Raymond made the following statement: My 'aye" vote is cast
because I feel that this action will insure the bidding procedure required by our
Ordinances.
**At this point of the roll call, Councilman Milligan, supported by
Councilman Ventura, made the following motion-
RESOLVED, that the Council does hereby determine to table this
matter pending an additional meeting with the Architect.
A roll call vote was taken on the motion to table, with the following result:
AYES: Bennett, Ventura and Milligan.
NAYS: Brown, Raymond, McCann and Nash.
The President declared the motion denied, after which the roll call vote was resumed,
By Councilman Ventura, seconded by Councilman McCann, and unanimously
adopted, it was
#389-72 RESOLVED, that having considered a communication from Mr. Albert
P. Herzog, Attorney, dated February 7, 1972 submitted in behalf of his
client, Dr. Claude Alexander, regarding property located at 31701 Plymouth
Road, Livonia, Michigan, which property is included in Special Assessment
Roll No. 101 - Plymouth Road Parking Improvement, the Council does hereby
refer the same to the City Engineer and the City Planner for their
respective reports and recommendations.
By Councilman Bennett, seconded by Councilman Brown, it was
12923
#390-72 RESOLVED, that having considered a communication from the City
Engineer dated April 5, 1972, approved by the Director of Public Works and
approved for submission by the Mayor, with regard to the proposed
acquisition of right-of-way from the Livonia Board of Education at the Elm
School, which right-of-way is necessary for the construction of the Middle-
belt Road - C & 0 Railroad grade separation, the Council does hereby
refer the same to the Department of Law for its report and recommendation
relative to the employment of an expert appraiser for the purpose of
determining the fair market value of the subject right-of-way, and a
report on the existence of a reversionary interest, if any.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman McCann, it was
#391-72 RESOLVED, that having considereda communication from the Water
and Sewer Board dated March 24, 1972, approved by the Budget Director and
approved for submissionby the Mayor, which transmits its resolution No.
WS 159+ 3/72 with regard to a proposed sanitary sewer extension on Fitz-
gerald Avenue to be outletted to the existing sewers in the Gold Manor
Subdivision in Section 5, the estimated cost of which is approximately
$81,000.00, the Council does hereby request that the Engineering Division
prepare plans and specifications and, thereafter, take bids in accordance
with provisions of Law for submission to Council on this project; further,
the Wayne County Road Commission is requested to authorize the sum of
$81,000.00 from surplus funds of the 1965 Sanitary Sewer Bond Issue for
this purpose; and further, the Council takes this means to indicate its
approval and concurrence in the intermediate solution proposed by the Water
and Sewer Board for the interim period pending the construction and
completion of the Fitzgerald Avenue sewer as set forth in the aforesaid
communication.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman McCann, seconded by Councilman Brown, and unanimously
adopted, it was
#392-72 RESOLVED, that having considered a communication from Mr. Harold
L. Thomas dated April 12, 1972, with regard to the ditch located on
Mr. Thomas' property west of Middlebelt to Beatrice Street and the
attendant drainage problem, the Council does hereby refer the same to the
City Engineer for his report and recommendation.
By Councilman Brown, seconded by Councilman McCann, and unanimously
adopted, it was
12924
4'393-72 RESOLVED, that with respect to certain complaints received from
Mr. Ralph Cotter, 15445 Knolson, and Mr. Leo Metaczak, 15423 Knolson,
relative to a drainage problem in the area of Knolson and Five Mile Road,
the Council does hereby refer the same to the City Engineer and the Chief
Building Inspector for their respective reports and recommendations.
By Councilman Ventura, seconded by Councilman Raymond, it was
4394-72 RESOLVED, that having considered the letter from the Michigan
Liquor Control Commission dated November 19, 1971, and the report and
recommendation of the Chief of Police dated April 19, 1972, as well as a
communication from Mr. James J. Rossie, Attorney, dated April 18, 1972, in
connection therewith, the Council does hereby approve of the request from
Timothy J. Foley, Malcolm C. McCallum and Michael S. Seykell for dropping
Morgan F. Foley as partner with them on 1971 Class C Licensed Business
with Dance Permit located at 28001 West Seven Mile Road, Livonia, Michigan
48152, Wayne County; and the City Clerk 5.s hereby requested to forward a
certified copy of the resolution to the Michigan Liquor Control Commission.
A roll call vote was taken. on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman McCann, seconded by Councilman Raymond, it was
#395-72 RESOLVED, that having considered communications dated April 5,
1972 and April 18, 1972 from the Michigan Liquor Control Commission with
regard to an application from Mr. Gerald Czapski, 7330 Gronow, Centerline,
Michigan, for a new full year Class "C" License to be located in the City
of Livonia, the Council does hereby determine to refer the same to its
Committee of the Whole for its consideration along with all other such
applications.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: Bennett.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Raymond, it was
#396-72 RESOLVED, that having considered a communication dated April 14,
1972 from the Michigan Liquor Control Commission with regard to an
application from Mr. Harold J. Kelso for a new full year Class "C" License
to be located at 33729 Plymouth Road, Livonia, Michigan, Wayne County,
the Council does hereby determine to refer the same to its Committee of
the Whole for its consideration along with all other such applications.
12925
A. roll call vote was taken on the foregoing resolution with the following result:
AYES : Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: Bennett.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Raymond, it was
#397-72 RESOLVED, that having considered a communication dated March 14,
1972 from the Michigan Liquor Control Commission with regard to an
application from Mr. Joseph Sperazza, 570 Pear Tree Lane, Grosse Pointe
Woods, Michigan, for a new full year Class "C" License to be located at
27725 Grand River, Livonia, Michigan, Wayne County, the Council does here-
by determine to refer the same to its Committee of the Whole for its
consideration along with all other such applications.
h roll call vote was taken on the foregoing resolution with the following result.
AYES: Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: Bennett.
The President declared the resolution adopted.
By Councilman Milligan, seconded by Councilman McCann, it was
#398-72 RESOLVED, that having considered a communication dated April 13,
1972 from the Department of Law transmitting for acceptance a Quit Claim
Deed dated March 24, 1972 executed by the Board of County Road Commis-
sioners of the County of Wayne, Michigan, by its vice-chairman Philip J.
Neudeck, and its secretary and clerk of the Board Henry J. Galecki,
conveying:
Lots 309, 310, 311, 312, 313 and the north one-half
of the vacated alley in the rear of said lots, excepting
from above described lots the north 47 feet, of "Grennada
Park Subdivision No. 1" of part of N.W. 1/4 of Section
22, T. 1 S., R. 9 E., Livonia Twp. (now City of Livonia),
Wayne Co., Michigan, as recorded in Liber 54 of Plats on
Page 77, Wayne County Records.
the Council does herein for and in behalf of the City of Livonia accept
the aforesaid Quit Claim Deed and the City Clerk is hereby requested to
have the same recorded in the office of the Wayne County Register of Deed,
and to do all other things necessary or incidental to the full performance
of this resolution; further, the City Assessor is hereby requested to do
all things necessary to have the subject property removed from the tax
rolls as being city owned and exempt.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
12926
By Councilman Milligan, seconded by Councilman McCann, it was
#399-72 RESOLVED; that having cons,_dered a communication from the Depart-
ment of Law, dated April 18, 1972, transmitting for acceptance two Grants
of Easements which documents axe more particularly described as:
1. Grant of Easement dated March 29, 1972 executed by
John P. Gillis and Margaret Gillis, his wife,
conveying: The South 12 feet of Lot 821, Supervisor's
Livonia Plat No. 14, as recorded in Liber 70, Page
69, Wayne County Records, said plat being of the
North 1/2 of Section 28, T. 1 S., R. 9 E., City of
Livonia, Wayne County, Michigan.
(Bureau of Taxation Parcel 28e821)
(proposed storm sewer extension)
2. Grant of Easement dated March 30th, 1972 executed by
Robert L. Peltz and Lorine M. Peltz, his wife,
conveying: The South 12 feet of Lot 820, Supervisor's
Livonia Plat No. 14, as recorded in Liber 70, Page 69,
Wayne County Records, said plat being of the North
1/2 of Section 28, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan. (Bureau of Taxation Parcel
28e820) (proposed storm sewer extens-,ion)
the Council does herein for and in behalf of the City of Livonia accept
the aforesaid Grants of Easements and the City Clerk is herein requested
to have the same recorded in the Office of the Wayne County Register of
Deeds 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#400-72 RESOLVED, that the Council having considered a communication
dated March 30, 1972 from the City Engineer, approved by the Director of
Public Works and approved for submission by the Mayor, wherein the City
Engineer has ascertained the assessed valuation of all property affected
by the proposed installation of ornamental street lighting with underground
wiring on the Industrial Road from Levan to Stark, Wayne Road and Glendale
Avenue in Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County,
Michigan, and such report having indicated the number of parcels which
show tax delinquencies, the number of parcels owned by public authorities,
the number of parcels which are vacant, and to prepare and cause to be
prepared, plans and specification therefor and an estimate for the cost
12927
thereof, and to file the same with the City Clerk together with his recom-
mendation as to what proportion of the cost should be paid by special
assessment and what part, if any, should be a general obligation of the
City, the number of installments in which assessments may be paid and the
lands which should be included in the proposed special assessment district,
and it appearing to the Council that all of such information, estimate,
plans and specifications and recommendations have been properly filed by
the City Engineer with the City Clerk under date of March 30, 1972 and
that there has been a full compliance with all of the provisions of Section
2-506 of the Livonia Code of Ordinances, as amended, the Council does
hereby set Monday, June 12, 1972 at 8:00 P. M. as the date and time for
a Public Hearing on the NECESSITY for such proposed improvement, which
public hearing shall be held before the Council in the City Hall, 33001
Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia
Code of Ordinances, as amended, and the City Clerk is hereby authorized
to give notice and publication of such hearing as is required by Section
2-507 of said Code.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#401-72 RESOLVED, that the Council having considered a communication
dated March 3, 1972 from the City Engineer, approved by the Director of
Public Works and approved for submission by the Mayor, submitted pursuant
to the requirements set forth in Section 9-116(m) of the Livonia Code of
Ordinances, as amended, wherein it is required that ornamental street
lighting with underground wiring shall be provided in all subdivisions in
conformity with the standards prescribed, and the City Engineer having
ascertained the assessed valuation of all property affected by the proposed
improvement with regard to Linden Wood Subdivision in Section 32, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, Michigan, and such report having
indicated the number of parcels which show tax delinquencies, the number
of parcels owned by public authorities, the number of parcels which are
vacant, and to prepare and cause to be prepared, plans and specifications
therefor and an estimate for the cost thereof, and to file the same with
the City Clerk together with his recommendation as to what proportion of
the cost should be paid by special assessment and what part, if any, should
be a general obligation of the City, the number of installments in which
assessments may be paid and the lands which should be included in the
proposed special assessment district, and it appearing to the Council that
all of such information, estimate, plans and specifications and recommenda-
tions have been properly filed by the City Engineer with the City Clerk
under date of March 3, 1972 and that there has been a full compliance with
all of the provisions of Section 2-5C6 of the Livonia Code of Ordinances,
as amended, the Council does hereby set Monday, June 12, 1972 at 8:00 P. M.
as the date and time for a Public Hearing on the NECESSITY for such
proposed improvement, which public hearing shall be held before the Council
in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to
Section 2-507 of said Livonia Code of Ordinances, as amended, and the City
Clerk is hereby authorized to give notice and publication of such hearing
as is required by Section 2-507 of said Code.
12928
By Councilman Raymond, seconded by Councilman Ventura, and unanimously
adopted, it was
#402-72 RESOLVED, that in accordance with the provisions set forth in
Section 4 of Act 207 of the Public Pets of Michigan of 1921, as amended,
the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of
Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia,
the Council does hereby determine that a Public Hearing will take place
before the City Council of the City of Livonia on Monday, June 12, 1972 at
8:00 P. M. at the Livonia City Hall, 33001 Fire Mile Road, Livonia, Michi-
gan, with respect to the following items :
1. Petition No. 71-12-1-75 submitted by James Tringali for
a change of zoning of property located on the west side
of Cardwell between Wadsworth and Plymouth Road in the
Southeast 1/4 of Section 25, from R-1 to P, the City
Planning Commission having in its resolution No. 3-85-72
recommended to the City Council that Petition No.
71-12-1-75 be approved;
2. Petition No. 72-2-6-5 submitted by the City Planning
Commission on its own motion to determine whether or
not to amend Sections 27.05 and 27.06, R-8 District
Regulations, and Sections 29.04 and 29.05, R-9 District
Regulations, so as to increase the allowable densities,
the City Planning Commission having in its resolution No.
3-84-72 recommended to the City Council that Petition No.
72-2-6-5 be approved;
further, the City Clerk is hereby requested to no less than fifteen (15)
days prior to the aforesaid date of said public hearing to cause to have
a statement indicating the nature of the proposed amendment to the Zoning
Ordinance and the location of the proposed change of zoning as set forth
above first to be published in the official newspaper of the City or a
newspaper of general circulation in the City of Livonia as well as to not
less than fifteen (15) days prior to said public hearing cause to have
notice to be given by registered mail to each public utility company and
to each railroad company owning or operating any public utility or railroad
within the districts or zones affected; and further, the City Clerk is
requested to do all other things necessary or incidental to the full
performance of this resolution.
Councilman McCann gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 9 OF
THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE
NO. 543, AS AMENDED, KNOWN AND CITED
AS THE "CITY OF LIVONIA ZONING ORDINANCE,"
BY ADDING SECTION 3. THERETO. RE:
PETITION NO. 71-6-1-T FOR CHANGE OF ZON-
ING FROM C-2 TO P.S.
12929
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Ventura gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 15 OF
THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE
NO. 543, AS An LADED, KNOWN AND CITED AS
THE "CITY OF LIVONIA ZONING ORDINANCE,"
BY ADDING SECTION 3. THERETO. RE:
PETITION 71-10-1-61 FOR CHANGE OF ZONING
FROM P, C-2 •AND R-1 TO P.S. AND P.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Bennett gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 34 OF
THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE
NO. 543, AS AMENDED, KNOWN AND CITED
AS THE "CITY OF LIVONIA ZONING ORDINANCE,"
BY ADDING SECTION 3. THERETO. RE:
PETITION 71-9-1-60 FOR CHANGE OF ZONING
FROM C-1 AND P TO P.S. AND P.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Bennett gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 2.02 OF ARTICLE II:
SECTION 3.08 OF ARTICLE III: SECTION 4.03 OF ARTICLE IV;
SECTION 5.03 OF ARTICLE V; SECTION 6.03 OF ARTICLE VI;
SECTION 7.03 OF ARTICLE VII; SECTION 9.03 OF ARTICLE IX;
SECTION 10.03 OF ARTICLE X; SECTION 11.03 OF ARTICLE XI;
SECTION 16.11 OF ARTICLE XVI; SECTIONS 19.02, 1906 AND
19.08 OF ARTICLE XIX; SECTION 25.05 OF ARTICLE XXV;
SECTION 26.05 OF ARTICLE XXVI, AND SECTION 27.05 OF
ARTICLE XXVII OF ORDINANCE NO. 543, AS AMENDED, OF THE
CITY OF LIVONIA, KNOWN AND CITED AS THE "CITY OF LIVONIA.
ZONING ORDINANCE." (Petition 71-10-6-8)
L12930
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
By Councilman Milligan, seconded by Councilman Ventura, it was
4403-72 RESOLVED, That Michigan Bank, N, A., be and hereby is appointed
as Paying Agent in paying the principal and interest on $815,000 City of
Livonia 1969 Special Assessment Street and Water Bonds, dated June 1, 1969;
in accordance with the terms thereof.
RESOLVED FURTHER, That Michigan Bank, N. A. of Detroit, Michigan
and Livonia National Bank of Livonia, Michigan be and hereby are appointed
Co-Paying Agents with respect to the aforementioned bonds.
RESOLVED FURTHER, That Michigan Bank, N.A., receive as compensa-
tion for its services as Paying Agent, the following fees, payable with
respect to each semi-annual maturity;
L Administrative Charges:
1/200th of 1% ( .00005) of the aggregate principal
sum of the bonds issued (maximum, $250.00;
minimum, $25.00) plus
$12.50 per Co-Paying Agent
Payment of Interest: $0.15 per coupon maturing
($20.00 minimize%)
Payment of Principal: $1.50 per bond maturing
For services as Registrar and Transfer Agent:
$0.50 per bond registered, transferred or released
RESOLVED FURTHER, That all statements of account and, unless
cremation has been authorized by separate Agreement, all cancelled obliga-
tions shall be forwarded by the Paying Agent to:
City of Livonia
33001 Five Mile Road
Livonia, Michigan 48154
Attention: City Clerk
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
12931
By Councilman Brown, seconded by Councilman Ventura, it was
x#404-72 RESOLVED, that having considered the report and recommendation
dated April 7, 1972 from the City Engineer, approved by the Director of
Public Works and approved for submission by the Mayor, as well as a com-
munication dated November 25, 1970 from Mr. Nelson Dembs of Van Dyke Homes,
Inc., 24370 Northwestern Hwy., Southfield, Michigan 48075, the Council
does hereby authorize the release to the Proprietor of the Financial
Assurances previously deposited with respect to the General Improvement
Bond of $2,000.00 Cash and the Sidewalk Lond of $l,d00.00 Cash deposited
with the City in accordance with Council Resolution No. 441-66 adopted on
May 4, 1966, as amended by Council Resolution No. 94-67 adopted on
January 23, 1967 and as thereafter amended by Council Resolution No. 131-70
adopted on February 2, 1970; provided, however, that since the proprietor
did in fact request that the sum of $2,022.00 from the aforesaid amounts
be deducted in order to reimburse the City for work performed by the
Operations Division in completing certain top soil and seeding work in the
park area and in addition thereto, since the City did expend the sum of
$806.63 to install sidewalks in the front of those portions of the subdivi-
sion which abuts the parksite and open ditch areas that by deducting the
aforesaid amounts from the remaining cash bonds on file, the Council does
hereby determine that the Proprietor of the subject subdivision is
entitled to a net total refund in the amount of $171.37; further, the
aforementioned report of the City Engineer does indicate that all required
improvements have been satisfactorily installed in accordance with the
rules and regulations and ordinances of the City of Livonia; and the City
Clerk and City Treasurer are hereby authorized 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, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Milligan, and unanimously
adopted, it was
#405-72 RESOLVED, that having considered a communication dated May 10,
1971 from the City Planning Commission which sets forth its resolution No.
4-102-71 with regard to Petition No. 71-3-6-2 submitted by the City Plan-
ning Commission to amend Ordinance No. 543, the Zoning Ordinance of the
City of Livonia, by adding a new Article entitled C-3 District Regula-
tions, and the Council having conducted a public hearing with regard to
this matter on April 10, 1972 pursuant to Council resolution No. 221-72,
the Council does hereby refer the same to the Legislative Committee for
its report and recommendation.
By Councilman Brown, seconded by Councilman Milligan, it was
12932
#406-72 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No. 109 for the
street improvement in Coventry Gardens Subdivision in Section 16, City of
Livonia, Wayne County, Michigan, as required by the provisions of the City
Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as
amended, a public hearing thereafter having been held thereon on Monday,
April 10, 1972 at 8:00 p. m. at the City Hall, 33001 Five Mile Road,
Livonia, Michigan, and the City Council having duly met and reviewed the
special assessments levied on the special assessment roll as prepared by
the City Assessor to cover the district portion of the cost of street
improvements to be constructed in Special Assessment District No. 109;
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 February 4,
1972 in the amount of $127,300.00 are fair and equitable and
based upon benefits to be derived by construction of improve-
., ments proposed in said district, in accordance with the
plans of the City Engineer and resolutions of the City
Council;
(2) Said Special Assessment Roll No, 109 is hereby approved and
confirmed in all respects;
(3) The amount of said roll shall be divided into three (3)
equal annual installments with interest at a rate not to
exceed six percent (6%) per annum on the unpaid balance
of the assessment from sixty (60) days after December 1,
1972. 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, 1972 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 Ordi-
nances, 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 days (60) from December 1,
1972 pay the whole or any part of the assessment without
interest or penalty;
L12933
(5) The first installment shall be spread upon the 1972 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, 1972 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;
(6) The City Council having determined to pay the cost of the
City's participation within the said district in the sum of
$12,755.50; and
(7) Parcel OLAla (Parksite) shall be deleted from the Special
Assessment Roll and the Cost of the improvement previously
allocated to this parcel to be spread by the City Assessor
Lin finalizing the roll throughout the entire district.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, McCann and Nash,
NAYS: Ventura, Raymond and Milligan.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#407-72 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 Raymond, it was
#408-72 RESOLVED, that having considered a communication dated April 21,
1972 from the Assistant Assessor, approved for submission by the Mayor,
with regard to a request from Funk Realty Co., 32744 Five Mile Road,
Livonia, Michigan, as agent for owner Claude F. Taylor, and in accordance
with the provisions of Act 288 of the Public Acts of 1967, as amended,
as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning
Ordinance, as amended, the Council does hereby find that the proposed
Division or Partition of Tax Item 14b294,295a would not be contrary to the
spirit and purpose of the aforesaid Ordinance and does, accordingly,
approve of dividing the same into two parcels, the legal descriptions
of which shall read as follows:
A. The West 70' of Lot 294, Supervisors Plat No. 4, 12934
City of Livonia, Wayne County, Michigan, as
recorded in Liber 66, Page 20, Wayne County
Records.
B. The east 70' of Lot 294 and the west 10' of Lot
295, Supervisors Plat No. 4, City of Livonia,
Wayne County, Michigan, as recorded in Liber
66, Page 20, Wayne County Records.
as shown on the map attached to the aforesaid communication which is made
a part hereof by this reference; and the City Clerk is hereby requested
to cause the certified copy of this resolution to be recorded in the Office
of the Wayne County Register of Deeds.
is. roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash.
NAYS: Milligan.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Bennett, and unanimously
adopted, it was
#409-72 RESOLVED, that the City Engineer having filed with the City Clerk
a statement dated February 29, 1972 on all matters required by Section
2-506 of the Livonia Code of Ordinances, as amended, and a first public
hearing having been held thereon on April 24, 1972, after due notice as
required by Section 2-507 of said Code, and after careful consideration
having been given to all such matters, the Council does hereby, pursuant
to Section 2-508 of said Code,
(1) accept and approve said statement in all respects;
(2) determine to make a permanent type paving improvement, as
recommended by the City Engineer, on Arcola Avenue from
Meadowbrook to Five Mile Road and also the side streets
known as Howell and Meadowbrook Avenues, in the N. E. 1/4 of
Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County,
Michigan, as described in said statement; and to defray the
cost of such improvement by special assessment upon the
property especially benefited in proportion to the benefits
derived or to be derived;
(3) approve the plans and specifications for said improvement
as set forth in said statement dated February 29,1972;
(4) determine that the estimated cost of such improvement is
$94,015.28;
12935
(5) determine that the cost of said improvement shall be
paid for in part by special assessments on the property
benefited thereby and in part by the City at large, in
proportions hereafter established;
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall be
$16,667.28 and that the balance of said cost and expense
of said public improvement amounting to S77,34+8.00 shall
be borne and paid by special assessments on all lands
and premises in the special assessment district as herein
established in proportion to the benefits to be derived
therefrom;
(7) determine that assessments made for such improvement may
be paid in ten (10) annual installments together with
interest thereon on the unpaid balance;
(8) designate the assessment district, describing the land
and premises upon which special assessments shall be
levied as follows:
A special assessment district located in that part of
Section 24+, T. 1 S. , R. 9 E., City of Livonia, Wayne
County, Michigan, being more particularly described as
containing the following parcels:
N. E. ?III- ofSection 24
B. E. Taylor's Como Lake Subdivision as recorded in
Liber 60, Page 67. Lots No. 69 thru No. 137.
(9) that the City Assessor is hereby directed to prepare
a special assessment roll including all lots and parcels
of land within the above district designated by the
Council and to assess to each such lot or parcel of land
such relative portions of the whole sum to be levied
against all lands in the special assessment district as
the special benefits to such lots or parcels of land
bear to the total benefit of all land and also to enter
upon such roll the amount which has been assessed to the
City at large, All in accordance with the determination
of the City Council; and
(10) that upon completion of said roll the City Assessor shall
attach thereto the certificate required by the provisions
of Section 2-510 of the Livonia Code of Ordinances, as
amended, of the City of Livonia and file the same with the
City Clerk who thereupon is directed to present the same to
the City Council prior to the holding of the second public
hearing thereon required by Section 2-511 of the said code
12936
By Councilman Bennett, seconded by Councilman Ventura, it was
RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated February 29, 1972 on all matters required by
Section 2-506 of the Livonia Code of Ordinances, as amended, and a first
public hearing having been held thereon on April 24, 1972, after due
notice as required by Section 2-507 of said Code, and after careful
consideration having been given to all such matters, the Council does
hereby, pursuant to Section 2-508 of said Code,
(1) accept and approve said statement in all respects;
(2) determine to make the improvement consisting of 27 foot wide
deep-strength asphalt pavement with valley swale (Alternate
III) paving on Cavell Avenue from Meadowbrook to Five Mile
Road in the N. E. 1/4 of Section 24, T. 1 S., R. 9 E., City
of Livonia, Wayne County, Michigan, as described in said
statement; and to defray the cost of such improvement by
special assessment upon the property especially benefited
in proportion to the benefits derived or to be derived;
(3) approve the plans and specifications for said improvement
as set forth in said statement dated February 29, 1972;
(4) determine that the estimated cost of such improvement is
$67,400.00;
(5) determine that the cost of said improvement shall be paid
for in part by special assessments on the property benefited
thereby and in part by the City at large, in proportions
hereafter established;
(6) that the proportion of the cost and expense of said
improvement to be borne and paid by the City shall be
$10,110.00 and that the balance of said cost and expense
of said public improvement amounting to $57,290.00 shall
be borne and paid by special assessments on all lands and
premises in the special assessment district as herein
established in proportion to the benefits to be derived
therefrom;
(7) determine that assessments made for such improvement may
be paid in ten (10) annual installments together with
interest thereon on the unpaid balance;
(8) designate the assessment district, describing the land
and premises upon which special assessments shall be
levied as follows:
A. special assessment district located in that part of
Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne
County, Michigan, being more particularly described as
containing the following parcels:
12937
N. E. 1/4 of Section 24
Bla, B2a, Fl, Gl, H1, H2, I1, Jial, Bial, Tial, L1a2 and
B. E. Taylor's Como Lake Subdivision as recorded in Liber 60,
Page 67, Lots No. 20 thru 55.
(9) that the City Assessor is hereby directed to prepare
a special assessment roll including all lots and parcels
of land within the above district designated by the
Council and to assess to each such lot or parcel of land
such relative portions of the whole sum to be levied
against all lands in the special assessment district as
the special benefits to such lots or parcels of land bear
to the total benefit of all land and also to enter upon
such roll the amount which has been assessed to the City
at large, all in accordance with the determination of the
City Council; and
(10) that upon the completion of said roll the City Assessor
shall attach thereto the certificate required by the
provisions of Section 2-510 of the Livonia Code of Ordi-
nances, as amended, of the City of Livonia and file the
same with the City Clerk who thereupon is directed to
present the same to the City Council prior to the holding
of the second public hearing thereon required by Section
2-511 of the said Code.
By Councilman McCann, seconded by Councilman Milligan, it was
#410-72 RESOLVED, that with respect to the proposed Special Assessment
District for the improvement of Cavell Avenue from Meadowbrook to Five
Mile Road in the N. E. 1/4 of Section 24, City of Livonia, the Council
does hereby determine to table this matter pending a meeting of the City
Engineer with the property owners on Cavell, a report of which is to be
submitted to Council.
A roll call vote was taken on the motion to table, with the following result:
AYES: Bennett, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: Brown.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Ventura, it was
#411.72 RESOLVED, that having considered a communication from the City
Treasurer dated April 24, 1972, with regard to the 1971 Miscellaneous
Sidewalk Program - Single Lot Assessments - and certain unpaid sidewalk
charges which have not heretofore been paid in full, the Council does
hereby determine to amend Council Resolution No. 334-72, adopted on
April 12, 1972, where a Special Assessment was placed on the following
properties for the following amounts:
12938
LItem No. Amount
011(53 $ 258.54
01Z30a 258.54
01Z3la 258.54
01Z76a 265.18
01Z79a 258.54
01z80a 258.54
O1BBla 258.54
01BB2a 258.57
O1BB3a 258.57
O1BB5a1 133.54
O1CC1 490.63
11Alc2bl 73.26
13DE4bl, 5a1, 6ala 276.76
23h236 632.02
$ 3,939.77,
by determining that the cost charged may be paid in six (6) equal annual
installments, with interest at the rate of six percent ( °%o) per annum
on the unpaid balance commencing from the effective date of this resolu-
tion; and the City Clerk, City Treasurer. and City Assessor are hereby
authorized to do all things necessary or incidental to the full performance
of this resolution, in accordance with the provisions which are set forth
L in the Special Assessment Procedure Ordinance.
i. roll. call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash.
NAYS: None.
By Councilman Raymond, seconded by Councilman Ventura, and unanimously
adopted, it was
#412-72 RESOLVED, that having considered a communication from Mrs. Wilma
Albrecht of 14465 Arden, Livonia, Michigan, dated April 26, 1972, who
is the Chairman of N.R.O., the Council does hereby grant permission to
N.R.O. to hold an Anti Bussing parade on May 7, 1972 beginning at 3:00 P.M.
and lasting approximately to 6:00 P. M. with the route of the parade
commencing at Emerson Junior High School, westerly on West Chicago, north.
on Middlebelt, East on Plymouth Road, South on Harrison and North on
Clements Circle, and East on West Chicago; subject to the approval of the
Police Department.
By Councilman Ventura, seconded by Councilman Bennett, and unanimously
adopted, this 734th regular meeting of the Council of the City of Livonia, was duly
L
adjourned at 10:00 P. M., April 26, 1972.
ADDISON W. BACON, City 4 erk.
12939
MINUTES OF PUBLIC HEARING ON VARIOUS ZONING PETITIONS
On May 8, 1972, the above hearing was held at the City Hall,
33001 Five Mile Road, Livonia, Michigan, and was called to order by the
President of the Council at 8:35 P.M. Present: Robert F. Nash, Edward G.
Milligan, Robert E. McCann, Robert D. Bennett, Jerry Brown, Peter A. Ventura,
and Jerry Raymond.
Pursuant to Section 23.06 of Ordinance No. 543, the Zoning Ordinance,
the City Clerk has duly published and mailed notices fifteen (15) days prior
to the hearing date to those persons in the area affected by the proposed
change and all other requirements of Ordinance No. 543, the Zoning Ordinance,
have been fulfilled.
The President stated that in accordance with the provisions set forth
in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended,
the Zoning Act (M.S.A. Section 5.2934), as well as Article XXIII of Ordinance 543,
the Zoning Ordinance of the City of Livonia, the Council of the City of Livonia
is holding a public hearing relative to a request for a change in the zoning
Ordinance.
Petition No. 71-12-1-73 submitted by Robert W. Mayer, 25743 W. Seven
Mile Road, Detroit, Michigan 48240, for a change of zoning of property located
south of Plymouth Road, west of Farmington Road in the Northeast 1/4 of Section 33
from RUF (Rural Urban Farms) to P (Parking).
Petition No. 71-12-1-72 submitted by Edmund J. Hebda, 6524 Linville
Drive, Brighton, Michigan 48116, for a change of zoning of property located on the
west side of Purlingbrook between Eight Mile Road and Pembroke in the Northwest
1/4 of Section 2 from RUF (Rural Urban Farm) to R-4 (Residential).
Petition No. 71-12-1-74 submitted by- Roger and Rosette Ajluni, 6321
Dakota Circle, Birmingham, Michigan 48010 for a change of zoning of property
located on the south side of Curtis Road, east of Farmington Road in the Southwest
1/4 of Section 10 from RUF (Rural Urban Farm) to P (Parking) and P.S. (Professional
Service).
12940
MINUTES OF PUBLIC HEARING ON VARIOUS ZONING PETITIONS
Petition No. 72-1-6-3 submitted by the City Planning Commission on
its own motion to determine whether or not to amend Sections 10.08, 10.09, 10.10,
11.10 and 11.11 of Ordinance No. 543, the Zoning Ordinance, to provide for rear
yard setback requirements in commercial districts and eliminate outdoor storage
and display of merchandise.
Petition No. 71-6-1-38 submitted by the City Planning Commission on its
own motion for a change of zoning of property located south of Eight Mile Road
at the entrance to the Hearthstone Subdivision in the North 1/2 of Section 1 from
C-1 (Commercial) to P.S. (Professional Service).
Petition No. 72-1-1-5 submitted by the City Planning Commission on its
own motion for a change of zoning of property located on the southeast corner of
Farmington Road and Schoolcraft Road in the Northwest 1/4 of Section 27 from C-2
(Commercial) to M-1 (Light Manufacturing).
Petition No. 72-1-1-6 submitted by the City Planning Commission on
its own motion for a change of zoning of property located on the East side of
Surrey Avenue, south of Graytona in the Northeast 1/4 of Section 28 from RUF
(Rural Urban Farm) to M-1 (Light Manufacturing).
Petition No. 72-1-1-7 submitted by the City Planning Commission on
its own motion for a change of zoning of property located west of Newburgh Road,
north of Plymouth Road in the Southeast 1/4 of Section 30 from RUF (Rural Urban
Farm) to M-1 (Light Manufacturing).
Petition No. 72-1-6-2 submitted by the City Planning Commission to
amend Article XVIII of Ordinance No. 543, the Zoning Ordinance of the City of
Livonia, by repealing Sections 18.55, 18.56 and 18.57 and by amending Section
18.47 so as to include the regulations pertaining to control of development in
all vicinity control areas.
Petition No. 72-1-6-1 submitted by the City Planning Commission to
amend Section 20.01 of Ordinance No. 543, the Zoning Ordinance of the City of
Livonia, by adding regulations for a new district titled Planned Residential
Developments and Planned General Development.
Petition No. 72-1-6-4 submitted by the City Planning Commission on
its own motion to determine whether or not to amend Section 28.04 (d), Flood
Plain Regulations, of Ordinance No. 543, the Zoning Ordinance, so as to revise
the language with respect to the exceptions permitted for dumping in flood
plain areas.
Petition No. 71-10-1-66 submitted by W. L. Baron for American Oil
Company, 16025 Northland Drive, Southfield, Michigan 48075, for a change of
zoning of property located at the northwest corner of Newburgh and Joy Roads in
the Southeast 1/4 of Section 31 from C-1 (Commercial) to C-2 (Commercial).
The Public Hearing was declared closed at 11:05 P.M., May 8, 1972.
-- /
ADDISON W. BACON,41111001erk