HomeMy WebLinkAboutCOUNCIL MINUTES 1972-01-19 12676
MINUTES OF THE SEVEN HUNDRED TWENTY-SEVENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On January 19, 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 8:08 P. M.. Councilman McCann delivered the invocation.
Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown,
Peter A. Ventura, Robert E. McCann, Robert D. Bennett and *Jerry Raymond. Absent--
Edward G. Milligan.
Elected and appointed officials present: Edward H. McNamara, Mayor;
Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Dan Gilmartin, Indus-
trial Coordinator; G. E. Siemert, City Engineer; John Nagy, City Planner; Ronald
Mardiros, City Assessor; John T. Dufour, Superintendent of Parks and Recreation;
Frank Kerby, Chief Building Inspector; James L. Miller, Personnel Director; Jack
Dodge, Budget Director; Calvin Roberts, Fire Chief; Paul Kugler, Water and Sewer
Board; Michael Reiser, Water and Sewer Board; and Charles Pinto of the Planning Com-
mission.
By Councilman Brown, seconded by Councilman Bennett, and unanimously
adopted, it was
#41-72 RESOLVED, that the minutes of the 726th regular meeting of the
Council of the City of Livonia, held on January 5, 1972, are hereby
approved.
*Councilman Raymond arrived at 8:10 P. M.
The following resolution was unanimously introduced, supported and adopted:
#42-72 WHEREAS, William Revell has recently retired from the Board of
Directors of Livonia Youth, Incorporated, after having served as a member
for the past ten years; and
WHEREAS, he was one of the original organizers of Livonia Youth,
Incorporated which was founded for the sole purpose of providing recrea-
tional pursuits for the teen-agers of Livonia; and
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L
WHEREAS, Livonia Youth, Incorporated, in cooperation with the
Livonia and Clarenceville Boards of Education and the Livonia Parks and
Recreation Department, organized and supervised a summer teen-age program
for the youth of this City; and
WHEREAS, William Revell has given untiringly of himself and by
his support and understanding of the youth of this community has, through
the years, made a meaningful contribution to this community,
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City
of Livonia does hereby commend William Revell for his outstanding efforts
on behalf of the youth of the City and for a job well done.
The communication dated December 29, 1971 from the Mayor, which transmits
the Annual Report of the City of Livonia for the fiscal year 1970-71, was received
and filed for the information of the Council.
By Councilman Raymond, seconded by Councilman Brown, it was
#43-72 RESOLVED, that pursuant to the provisions of Section 5, Chapter
VIII of the Charter of the City of Livonia and upon the recommendation of
the Mayor, dated January 19, 1972, the Council does hereby confirm the
L appointment of Mr. James T. Hindle, 19360 Merriman Court, Livonia, Michi-
gan, to the Board of Review of the City of Livonia to fill the unexpired
portion of the term of Mr. Edward M. Wilson, 15405 Oporto, Livonia, Michi-
gan, whose term expires February 16, 1972; further, the Council does
hereby confirm the reappointment of Mr. Hindle to the Board of Review for
a three-year term ending February 16, 1975.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash.
NAYS: None.
Councilman Bennett gave second reading to the following Ordinance:
AN ORDINANCE AMENDING CHAPTER 2 (MISDEMEANORS)
OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED, BY ADDING SECTION 8-251 THERETO.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash.
NAYS: None.
LThe President declared the foregoing Ordinance duly adopted and would become
effective on publication.
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Councilman Ventura gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 2-1702 OF
CHAPTER 17 OF TITLE 2 (KNOWN AND CITED
AS THE COMMISSION ON CHILDREN AND YOUTH
ORDINANCE) OF THE LIVONIA CODE OF ORDI-
NANCES, AS AMENDED, OF THE CITY OF LIVONIA.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES : McCann, Bennett, Brown, Ventura, Raymond and Nash.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
Councilman Bennett gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 5-506
AND 5-507 OF CHAPTER 5 (SEWERS), OF
ARTICLE I OF TITLE 5 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED, OF THE
CITY OF LIVONIA.
A roll call vote was takenon the foregoing Ordinance with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
By Councilman Raymond, seconded by Councilman McCann, and unanimously
adopted, it was
#44-72 RESOLVED, that the Council does hereby request the Water and Sewer
Board to consider the initiating- an Ordinance amendment to Section 5-506
of the Livonia Code of Ordinances for the purpose of revising same to
cover those schools which are constructed without permanent classrooms
but rather with movable walls (in order to provide a square foot basis of
determining connection rate).
Councilman Bennett gave second reading to the following Ordinance:
AN ORDINANCE AMENDING CHAPTER 5 (SEWERS) OF
ARTICLE I OF TITLE 5 OF THE LIVONIA CODE OF
ORDINANCES, BY REPEALING SECTION 5-505
THEREOF.
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A roll call vote was taken on the foregoing Ordinance with the following result-
AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
By Councilman Brown, seconded by Councilman Raymond, and unanimously
adopted, it was
#45-72 RESOLVED, that having considered a communication dated July 2a,
1971 from the City Planning Commission which sets forth its resolution No.
7-205-71 with regard to Petition No. 71-6-1-38 submitted by Hearthstone
Homeowner's Association for a change of zoning south of Eight Mile Road at
the entrance to the Hearthstone Subdivision in the North 1/2 of Section 1,
from C-1 to P.S., and the Council having conducted a public hearing with
regard to this matter on November 8, 1971, pursuant to Council resolution
No. 870-71 and the Council having considered a communication from the
Department of Law dated November 30, 1971, as well as the verbal recom-
mendation of the Department of Law, the Council does hereby determine to
refer this matter back to the City Planning Commission for the purpose of
conducting a new public hearing in accordance with the provisions set forth
in Article XXIII of Ordinance No. 543, as amended, and thereafter submit
its report and recommendation to Council for its consideration.
By Councilman McCann, seconded by Councilman Brown, it was
#46-72 RESOLVED, that having considered a communication from the Depart-
ment of Law dated December 21, 1971, approved for submission by the Mayor,
relative to the proposed acquisition of property commonly referred to as
"Bates Restaurant," which property is located at 33406 Five Mile Road,
Livonia, Michigan, the Council does hereby authorize the Department of Law
to employ an expert appraiser for the purpose of determining the fair
market value of the aforesaid property, and for this purpose does authorize
an expenditure of a sum not to exceed $750.00 from the Unexpended Fund
Balance Account; and the City Clerk and the City Treasurer are hereby
authorized to do all things necessary or incidental to the full performance
of this resolution.
By Councilman Bennett, seconded by Councilman Ventura, it was
RESOLVED, that having considered a communication from the Depart-
ment of Law dated December 21, 1971, approved for submission by the Mayor,
relative to the proposed acquisition of property commonly referred to as
"Bates Restaurant," which property is located at 33406 Five Mile Road,
Livonia, Michigan, and wherein a request is made for the sum of $750.00
for the purpose of employing an expert appraiser, the Council does hereby
determine to refer this matter to the Committee of the Whole.
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A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett and Ventura.
NAYS: McCann, Brown, Raymond and Nash.
The President declared the motion to refer, DENIED.
A roll call vote was taken on the original resolution with the following result:
AYES: McCann, Brown, Raymond and Nash.
NAYS: Bennett and Ventura.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Ventura, it was
#47-72 RESOLVED, that having considered a communication from the Depart-
ment of Law dated December 21, 1971, approved by the Superintendent of the
Parks and Recreation Department, and approved for submission by the Mayor
relative to the proposed acquisition of 1.71 acres of land located in
Section 35, identified as Bureau of Taxation Parcel 35Gla and owned by the
United Church of Christ, the Council does hereby authorize the Department
of Law to employ an expert appraiser for the purpose of determining the
fair market value of the aforesaid property, and for this purpose does
authorize the expenditure of a sum not to exceed $200.00 from the $4.4
million General Obligation Parks and Recreation Bond Issue; 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: McCann, Bennett, Brown, Ventura, Raymond and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Brown, it was
#48-72 RESOLVED, that having considered a communication from the Personnel
Director dated December 20, 1971, approved by the Budget Director and
approved for submission by the Mayor, which transmits a resolution adopted
by the Civil Service Commission on December 7, 1971, wherein the Commission
did request an appropriation in the amount of $16.00 in order to make
payment to Joseph Sopsich, Concrete Repairman in the Operations Division,
for replacement of broken eyeglasses incurred while on the job, the
Council does hereby determine to defer action with respect to this matter
pending consideration by the Council at its study session to be conducted
on January 24, 1972.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura and Raymond.
NAYS: Nash.
The President declared the resolution adopted.
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By Councilman McCann, seconded by Councilman Ventura, and unanimously
adopted, it was
#49-72 RESOLVED, that having considered a communication from Mr. and Mrs.
V. E. Schikora, 14509 Fairway Drive, Livonia, Michigan, dated January 3,
1972, wherein a request is Made for the installation of street lighting in
the vicinity of the intersection of Fairway Drive and Lyndon Avenue, the
Council does hereby request the City Engineer to submit his report and
recommendation with respect to this matter.
By Councilman McCann, seconded by Councilman Raymond, it was
#50-72 RESOLVED, that having considered a communication from the President
of the Noon Optimist Club of Livonia dated December 22, 1971, wherein a
request is made for the use of the City-owned parksite, commonly referred
to as Parksite "DD" in Section 34, on Friday, June 23, 1972, for use by
the aforesaid Club in sponsoring a circus on this date (by Carson and
Barnes) and wherein the aforesaid Club has agreed to be responsible for
complete and final clean-up as required, as well as providing a certificate
of insurance in the amount of one million dollars ($1,000,000.00) covering
the City with respect to this activity, the Council does hereby determine
to approve of such request and to authorize the use of this property for
this purpose; provided, however, that the Council does hereby determine
that approval of this request is made subject to providing the aforesaid
Certificate of Insurance in a form approved by the Department of Law, and
the City Clerk, Director of Public Works, Superintendent of Parks and
Recreation and the Chief of Police are hereby requested to do all things
necessary or incidental in providing necessary assistance in order to
assure success for this worthy civic fund-raising project.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash.
NAYS: None.
By Councilman Brown, seconded by Councilman Ventura, and unanimously
adopted, it was
#51-72 RESOLVED, that having considered a communication from the Hines
Park Inn, Inc., dated December 14, 1971, with regard to the classification
of the aforesaid Hines Park Inn, Inc. as a motel and/or hotel for
purposes of the licensing provisions set forth in the Livonia Code of
Ordinances, the Council does hereby determine to refer this matter to the
Department of Law for its report and recommendation and/or opinion regard-
ing the same.
The communication dated January 10, 1972 from the Department of Law with
respect to Council Resolution No. 1118-71 (status report on Parksite "FF" in Section
13, was received and filed for the information of the Council.
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By Councilman Ventura, seconded by Councilman Raymond, it was
#52-72 RESOLVED, that having considered a report and recommendation dated
October 7, 1971 from the City Engineer, approved by the Director of Public
Works and approved for submission by the Mayor, and the attached final
construction estimate dated October 4, 1971, the Council does hereby
authorize Final Payment in the amount of $5,110.28 to A. & P. Construction
Company, 28200 W. Seven Mile Road, Livonia, Michigan, which sum includes
the full and complete balance due on a contract February 17, 1971 in the
amount of $52,960.00 in connection with the construction of the Seven Mile
Sanitary Sewer Extension in the North 1/2 of Section 7, it appearing from
the aforementioned report that all work under the said contract has been
completed in accordance with City standards and specifications, and that
the necessary contractor's affidavit, waiver of lien and guaranty have been
filed; further, the Council does hereby request that the Wayne County Road
Commission approve payment of the aforesaid sum from the Surplus Funds of
the 1964 Sanitary Sewer Bond Issue; 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: McCann, Bennett, Brown, Ventura, Raymond and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Bennett, it was
#53-72 RESOLVED, that having considered the report and recommendation
dated December 22, 1971 from the City Engineer, approved by the Director
of Public Works and approved for submission by the Mayor, and the attached
final construction estimate dated December 22, 1971, theCouncil does hereby
authorize Final Payment in the amount of $1,501.00 to Universal Incinerator
Corp., 21805 Schoenherr Road, Warren, Michigan, which sum includes the full
and complete balance due on a contract dated August 5, 1971 in the amount
of $7,900.00 in connection with the construction of a pathological
incinerator for the City of Livonia, it appearing from the aforementioned
report that all work under the said contract has been completed in accord-
ance with City standards and specifications, and that the necessary
contractor's affidavit, waivers of lien and guaranty have been filed; 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: McCann, Bennett, Brown, Ventura, Raymond and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Bennett, it was
12683
454-72 RESOLVED, that having considered a communication dated September
28, 1971 from the City Planning Commission which sets forth its resolution
No. 9-245-71 with regard to Petition No. 71-8-1-53 submitted by Edward L.
Marzka for Woodland Lanes for a change of zoning of a portion of Lot 210
of Supervisor's Plat No. 2 located south of Plymouth Road, west of
Farmington Road in the Northeast 1/4 of Section 33, from RUF to P, 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 concur with the recommendation of the Planning Commis-
sion and the said Petition No. 71-8-1-53 is hereby approved and granted;
and the City Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein approved
and to furnish the same to the Department of Law, and, upon receipt of such
map, the Department of Law is requested to prepare an ordinance amending
Ordinance No. 543, as amended, in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash.
NAYS: None.
By Councilman Bennett, seconded by Councilman Ventura, and unanimously
L adopted, it was
#55-72 RESOLVED, that having considered a communication dated September
28, 1971 from the City Planning Commission which sets forth its resolution
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 table this
matter pending the making of a decision with respect to the proposed
rezoning to a new classification of adjacent property located immediately
to the North and West of the subject property and which adjacent property
is presently zoned R-3.
By Councilman McCann, seconded by Councilman Brown, it was
RESOLVED, that having considered a communication dated September
28, 1971 from the City Planning Commission which sets forth its resolution
No. 9-244-71 with regard to Petition No. 71-8-1-50 submitted by James F.
Finn and Michael J. Michael for a change of zoning of a portion of Lot
20E2a2a1 located on the east side of Levan, south of Five Mile Road in
the Northeast 1/4 of Section 20, from C-1 to C-2, 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 concur
in the recommendation of the Planning Commission and the said Petition No.
71-8-1-50 is hereby denied for the same reasons as those set forth in the
action taken by the Planning Commission.
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LA roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann and Brown.
NAYS: Bennett, Ventura, Raymond and Nash.
The President declared the resolution DENIED.
By Councilman Ventura, seconded by Councilman Bennett, it was
#56-72 RESOLVED, that having considered a communication dated September
28, 1971 from the City Planning Commission which sets forth its resolution
No. 9-244-71 with regard to Petition No. 71-8-1-50 submitted by James F.
Finn and Michael J. Michael for a change of zoning of a portion of Lot
20E2a2al located on the east side of Levan, south of Five Mile Road in the
Northeast 1/4 of Section 20, from C-1 to C-2, 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 reject
the recommendation of the Planning Commission and the said Petition No.
71-8-1-50 is hereby approved and granted; and the City Planner is hereby
instructed to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish the same to
the Department of Law and, upon receipt of such map, the Department of
Law is requested to prepare an ordinance amending Ordinance No. 543, as
Lamended, in accordance with this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Ventura, Raymond and Nash.
NAYS: McCann and Brown.
The President declared the resolution adopted.
By Councilman Bennett, seconded by Councilman Brown, it was
RESOLVED, that pursuant to provisions set forth in Article XXIII
of Ordinance 543, as amended, the Council does hereby request the City
Planning Commission, on its own motion, to conduct a public hearing and
thereafter submit its report and recommendation to Council with respect to
the possible rezoning of Parcel 20E1, located on the south side of Five
Mile Road in the Northeast 1/4 of Sec: 20, from C-1 to R-2.
A roll call vote was taken on the foregoing resolution with the following result:
AYES• Bennett and Brown.
NAYS: McCann, Ventura, Raymond and Nash.
The President declared the resolution DENIED.
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By Councilman Brown, seconded by Councilman Ventura, it was
#57-72 RESOLVED, that the City Planning Commission is hereby requested
to submit its report and recommendation to Council with respect to the
possible rezoning of Parcel 20E1, located on the south side of Five Mile
Road in the Northeast 1/4 of Section 20, from its present C-1 to another
more appropriate zoning classification.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Brown, Ventura, Raymond and Nash.
NAYS: McCann.
The President declared the resolution adopted.
The item on the agenda with respect to Petition 71-4-1-25 of Iraj Rafani
and Mohammed Rabbani for Six Mile Road north of Munger in Section 14 from RUF to
P.S., was removed at the request of the petitioner, and will be considered at the
regular meeting of the Council to be conducted on February 2, 1972.
At 9:15 p. m., a recess was called, after which the meeting resumed with
all members present who were named as present in the original roll call of this
meeting.
The following resolution was offered and supported at the regular meeting
conducted on January 5, 1972:
RESOLVED, that the Council does hereby determine to reconsider
the action taken in Council resolution No. 1135-71, adopted on December 15,
1971, which denied Petition No. 69-7-1-23 submitted by John F. Dooley,
Attorney for Gil Investment Company, Inc., for a change of zoning on the
north side of Schoolcraft Road, east of Levan, in the Southeast 1/4 of
Section 20 from C-1 to C-2.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann.
NAYS: Bennett, Brown, Ventura, Raymond and Nash.
The President declared the resolution DENIED.
By Councilman Brown, seconded by Councilman Bennett, and unanimously
adopted, it was
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lbw #58-72 RESOLVED, that having considered communications dated December 16,
1971 from Mr. John F. Dooley, Attorney, and from his client the Chicago
Mortgage Company with regard to Petition No. 70-10-1-37, the Council does
hereby approve of the request made therein by the Petitioner to withdraw
the said Petition from further consideration.
By Councilman Bennett, seconded by Councilman Brown, and unanimously
adopted, it was
#59-72 RESOLVED, that having considered a communication dated December 28,
1970 from the City Planning Commission which sets forth its resolution
No. 11-127-70 with regard to Petition No. 70-10-1-37 submitted by John F.
Dooley, Attorney for Chicago Mortgage Company for a change of zoning on
property located on the northeast corner of Schoolcraft and Levan
Roads in the Southeast 1/4 of Section 20, from C-1 to P.S., the Council
does hereby determine, in accordance with Paragraph (a) of Section 23.01
of Ordinance No. 543, as amended, on its own motion to request that the
Planning Commission conduct a Public Hearing and thereafter submit a
report and recommendation on the question of whether or not to rezone the
entire parcel of vacant property located at the Northeast corner of Levan
and Schoolcraft Roads from its present Zoning Classification as C-1 to
P.S.
Councilman Bennett gave second 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 AMENDED, KNOWN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE," BY ADDING
SECTION 3. THERETO. RE: PETITION NO.
71-4-1-26 FOR CHANGE OF ZONING FROM C-2
AND P.L. TO P.S.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: McCann, Bennett, *Brown, Ventura, Raymond and Nash.
NAYS: None.
The President declared the foregoing Ordinance duly adopted and would become
effective on publication.
*Councilman Brown abstained from voting, which is recorded as a "yes" vote
under the provisions of Section 2-119 of the Livonia Code of Ordinances.
Councilman Brown gave first reading to the following Ordinance:
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AN ORDINANCE AMENDING ORDINANCE NO. 543,
AS AMENDED, KNOWN AND CITED AS THE "CITY
OF LIVONIA ZONING ORDINANCE" BY AMENDING
SECTION 16.11 THEREOF OF ARTICLE XVI.
(Petition No. 71-9-6-6)
At the direction of the Chair, the proposed amendment to the Zoning
Ordinance with respect to Petition 71-9-6-6, having been introduced by Councilman
Brown, was referred to the Study Session to be conducted on January 24, 1972 for
further consideration, and thereafter will be considered for roll call vote at the
Regular meeting to be conducted on February 2, 1972.
By Councilman Brown, seconded by Councilman Bennett, and unanimously
adopted, it was
#GO-72 RESOLVED, that the Council having considered a communication dated
December 21, 1971 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 Tiffany Park Subdivision No. 6 located in the
West 1/2 of Section 19, 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 recom-
mendation as to what proportion of the cost shothld 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 December 21, 1971 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, February 28, 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 saia
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.
L12688
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#61-72 RESOLVED, that the City Engineer having filed with the City Clerk
a statement dated August 24, 1970 and in accordance with the provisions
of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances,
as amended, containing a report with regard to ornamental street lighting
with underground wiring in Tiffany Park Subdivision No. 4 in Section 19,
City of Livonia, Wayne County, Michigan, and public hearings having been
held thereon on August 26, 1971 and January 10, 1972 pursuant to Council
resolutions No. 224-71 and 1014-71, after due notice as required by Title
2, Chapter 5 of said. Code, as amended, and after a careful consideration
having been given to all such matters including the various objections,
comments and observations of individuals in attendance at such hearings,
the Council does hereby determine to proceed no further with the Special
Assessment proceeding heretofore commenced for the proposed improvement.
By Councilman Ventura, seconded by Councilman Brown, and unanimously
adopted, it was
#62-72 RESOLVED, that the City Engineer having filed with the City Clerk
a statement dated October 6, 1971 on all matters required by Sections
2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first
public hearing having been held thereon on January 10, 1972, after due
notice as required by Section 2-507 of said Code, and 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 the installa-
tion of ornamental street lighting with underground wiring
in Parkridge Subdivision in Section 19, City of Livonia,
Wayne County, Michigan, as described in said statement; and
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 the improvement as
set forth in said statement dated October 6, 1971,
(4) determine that the cost of such improvement shall be paid
by special assessment upon the property especially benefited;
(5) determine that the assessment made for such improvement shall
be paid in annual installments, according to said statement;
(6) designate the assessment district, describing the land and
Atm premises upon which special assessments shall be levied as
follows:
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A special assessment district located in the N. W. 1./4
of Section 19, T. .1 S., R, 9 E., City of Livonia, Wayne
County, Michigan, being more particularly described as
follows .
Lots 1 through 43 both inclusive of Parkridge Subdivision
of part of the N. W. 1/4 of Section 19, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan.
(7) direct the City Assessor to prepare a special assessment
roll in accordance with the Council's determination on said
statement as prepared by the City Engineer dated October 6,
1971, and,
(8) 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,
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 pursuant to
Title 2, Chapter 5 of the Livonia Code of Ordinances.
By Councilman Ventura, seconded by Councilman Brown, it was
#63-72 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No. 103 for the
installation of sidewalks on Merriman Road, north of Schoolcraft, in
Section 22 and 23, in the City of Livonia, Wayne County, Michigan, as
required by the provisions of the City Charter and Title 2, Chapter 5 of
the Livonia Code of Ordinances, as amended, a public hearing thereafter
having been held thereon on January 10, 1972 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 sidewalk improvements to be constructed in Special Assessment District
No. 103; 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 September 7,
1971 in the amount of $5,575.00, 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. 103 is hereby approved and
confirmed in all respects;
12690
(3) the amount of said roll shall be divided into five (5) equal
annual installments with interest at a rate not to exceed
eight percent (8%) 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 installment 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 Ordinances,
as amended, and mail assessment statements to the respective
property owners assessed in the manner and substance as
provided by said Section 2-519. Any property owner assessed
may, within sixty days (60) from December 1, 1972 pay the
whole or any part of the assessment without interest or
penalty;
(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.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash.
NAYS: None.
By Councilman Bennett, seconded by Councilman McCann, it was
#�64-72 WHEREAS, pursuant to due and proper notice, published and mailed
to all property owners in Special Assessment District No. 104 for the
installation of sidewalks on Merriman Road north of Plymouth Road between
Plymouth and Schoolcraft Roads in Section 26, in the City of Livonia,
Wayne County, Michigan, as required by the provisions of the City Charter
12691
and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a
public hearing thereafter having been held thereon on Monday, January 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 sidewalk improve-
ments to be constructed in Special Assessment District No. 104, 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 August 2, 1971.
in the amount of $2,505.96 are fair and equitable and based
upon benefits to be derived by construction of improvements
proposed in said district, in accordance with the plans of the
City Engineer and resolutions of the City Council;
(2) Said Special Assessment Roll No. 104 is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into five (5) equal
annual installments with interest at a rate not to exceed
eight percent (8%) 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 installment shall
be due and payable December 1, 1972 and subsequent install-
ments on December 1st of succeeding years,
(4) Pursuant to the provisions of Section 2-513 of the Livonia
Code of Ordinances, as amended, the City Clerk shall endorse
the date of confirmation on the assessment roll, and the said
assessment roll shall then be immediately transmitted to the
City Treasurer who shall then publish notice as is required by
Section 2-519 of the Livonia Code of Ordinances, as amended,
and mail assessment statements to the respective property
owners assessed in the manner and substance as provided by
said Section 2-519. Any property owner assessed may, within
sixty (60) days from December 1, 1972 pay the whole or any
part of the assessment without interest or penalty,
(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
12692
each annual tax roll together with one (1) year's interestupon
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.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Raymond and Nash.
NAYS: Ventura.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman McCann, it was
#65-72 RESOLVED, that the City Engineer having filed with the City Clerk
a statement dated August 17, 1970 and in accordance with the provisions of
Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as
amended, containing a report with regard to the installation of sidewalks
on Merriman Road south of Plymouth Road in Section 35, City of Livonia,
Wayne County, Michigan, and public hearings having been held thereon on
June 14, 1971 and January 10, 1972 pursuant to Council resolutions No.
385-71 and No. 1013-71, after due notice as required by Title 2, Chapter
5 of said Code, as amended, and after a careful consideration having been
given to all such matters including the various objections, comments and
observations of individuals in attendance at such public hearings, the
Council does hereby determine to proceed no further with the Special
Assessment proceeding heretofore commenced for the proposed improvement.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Ventura and Raymond.
NAYS . Brown and Nash.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Bennett, it was
*66-72 RESOLVED, that having considered the report and recommendation
dated December 28, 1971 from the City Engineer, approved by the Director
of Public Works and approved for submission by the Mayor, the Council does
hereby authorize the release to the proprietor of the subdivision the
Financial Assurances previously deposited with respect to the General
Improvement Bond in the amount of $3,500.00 and the Sidewalk Bond in the
amount of $22,000.00 deposited with the City in accordance with Council
Resolution No. 443-67 adopted on May 1, 1967, as thereafter subsequently
12693
amended in Council Resolutions No. 1288-67 and No. 328-68, to guaranty the
satisfactory installation of improvement in Country Homes Estates Subdivi-
sion No. 3; further, the Council does hereby determine, in accordance with
the recommendation of the Engineering Division, to approve waiver of the
Improvement Plan Requirement to provide for the placement of four (4) foot
high fences on either side of the public walkways leading to the parksites
in the area, and the Council does also authorize the refund of the sum of
$237.22 from the "Tree Fund" in accordance with and for the reasons set
forth in the recommendation of the Engineering Division, it appearing from
the aforementioned report of the City Engineer that all required improve-
ments 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: McCann, Bennett, Brown, Ventura, Raymond and Nash.,
NAYS: None.
By Councilman McCann, seconded by Councilman Raymond, it was
#67-72 RESOLVED, that the communication dated January 4, 1972 from
Joseph J. Bargagna, 4334 Somerville Avenue, Orchard Lake, Michigan,
requesting approval of an application for a Class C license for his
business center at 28277 Plymouth Road, Livonia, Wayne County, Michigan,
is hereby referred to the 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: McCann, Bennett, Brown, Raymond and Nash.
NAYS: *Ventura.
The President declared the resolution adopted.
*Councilman Ventura made the following statement: My 'no' vote is cast
because I feel that the petitioner should be given the opportunity to appear before
this Council and present his plans.
By Councilman Raymond, seconded by Councilman Ventura, it was
#68-72 RESOLVED, that having considered a communication from the Budget
Director dated December 13, 1971, approved for submission by the Mayor,
with respect to bids for Service Maintenance Agreement for the City's
office machines, the Council does hereby accept the bid of Gilson-Ayres,
Inc., 14544 Third Avenue, Detroit, Michigan, in the amount of $5,715.35
for providing the City with this service, the same having been in fact the
second lowest bid received with respect to this item, thereby rejecting
the low bid, the Council having taken this action based upon reasons which
were considered at its Committee of the Whole meeting conducted on
January 11, 1972.
126„
LA roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash.
NAYS: None.
By Councilman Bennett, seconded by Councilman Brown, and unanimously
adopted, it was
#69-72 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 Brown, seconded by Councilman Bennett, it was
#70-72 RESOLVED, that having considered a communication from the Budget
Director dated December 22, 1971, approved by the Mayor, with regard to
funds necessary for the position of Administrative Assistant to the Mayor,
the Council does hereby authorize the transfer of the sum of $13,500.00
from Account No. 277-838, Legislative Affairs-Washington in the following
amounts to the following accounts. To Account No. 173-704, Executive
Salaries, the sum of $11,960.00 and to Account No. 173-715, Executive
Employee Benefits, the sum of $1,540.00.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Raymond and Nash.
NAYS: Ventura.
The President declared the resolution adopted.
By Councilman McCann, seconded by Councilman Ventura, it was
RESOLVED, that having considered the report and recommendation of
the Legislative Committee submitted pursuant to Council resolution No.
551-70, the Council does hereby request the Department of Law to prepare
an appropriate ordinance or ordinance amendment which would purport to
prohibit the placing of political signs in the front, side or rear yard
of any residentially zoned property which has constructed thereon a
residential dwelling, such prohibition not to be made applicable to vacant
and used residential property.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: McCann and Ventura.
LNAYS: Bennett, Brown, Raymond and Nash.
The President declared the resolution DENIED.
12695
L By Councilman Ventura, seconded by Councilman Raymond, it was
#71-72 RESOLVED, that having considered a report and recommendation dated
January 12, 1972 from the City Engineer, approved by the Director of Public
Works and approved for submission by the Mayor, and the architect's
certificate as well as the attached final estimate dated December 27, 1971,
the Council does hereby authorize Final Payment in the amount of $4o,662.06
to Hickson-Costigan, Incorporated, which sum includes the full and complete
balance due on a contract dated December 2, 1970, in the amount of
$407,307.00 in connection with the Architectural Trades for the Livonia
District Court Building, it appearing from the aforementioned report that
all work under the said contract has been completed in accordance with
City standards and specifications, and that the necessary contractor's
affidavit, waivers of lien and guaranty have been filed; 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: McCann, Bennett, Ventura, Brown, Raymond and Nash.
NAYS: None.
By Councilman McCann, seconded by Councilman Bennett, and unanimously
Ladopted, this 727th regular meeting of the Council of the City of Livonia was duly
adjourned at 10:25 P. M. , January 19, 1972.
4 .MM. .
ADDISON W. BA77410Clerk.
L