HomeMy WebLinkAboutCOUNCIL MINUTES 1978-07-12 17190
MINUTES OF THE EIGHT HUNDRED AND EIGHTY-SIXTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On July 12, 1978, 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 8:13 P. M . Councilman Raymond delivered the invocation. Roll was
called with the following result: Present--Robert E McCann, Robert F. Nash, Jerry
H. Brown, Jerry Raymond, Robert D Bennett, Robert R. Bishop and Peter A. Ventura
Absent--None.
Elected and appointed officials present Addison W. Bacon, City Clerk,
Frances S. Stem, Deputy City Clerk; Harry C Tatigian, City Attorney; Jack Dodge,
Director of Finance; Ronald Mardiros, City Assessor; G E Siemert, City Engineer,
John T. Dufour, Superintendent of Parks and Recreation; Robert Turner, Police Chief;
John Nagy, City Planner; Frank Kerby, Chief Building Inspector; Gerald Taylor,
Zoning Board of Appeals, and Michael Reiser of the Water and Sewer Board.
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#618-78 RESOLVED, that the minutes of the 885th Regular Meeting of the
Council of the City of Livonia, held June 28, 1978, are hereby approved.
The following resolution was unanimously introduced, supported and adopted:
#619-78 WHEREAS, the citizens of this community have been deeply
saddened by the untimely death of NICK CANZANO; and
WHEREAS, he was a resident of the City of Livonia for twelve
years during which time he played a prominent role in its growth and
development; and
WHEREAS, he was one of the prime movers in forming the "Friends
of St. Mary Hospital" committee to purchase life saving equipment for that
hospital's emergency room, and
WHEREAS, his warm manner and friendly personality made a friend
of anyone who knew him,
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City
Council of the City of Livonia deem it fitting at this time to record
their sorrow upon the passing of a beloved citizen, friend and neighbor
and to join with his family and the community in sharing the loss
sustained by the death of NICK CANZANO
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The President of the Council acknowledged receipt of a communication dated
July 12, 1978 from Councilman Jerry H Brown, wherein Councilman Brown did submit
his resignation from the office of Councilman effective August 1, 1978
The communication from the Department of Law dated June 15, 1978 with
respect to Wayne County Circuit Court Civil Action No. 78 808441 AZ (Rack & Cue
vs City of Livonia), was received and placed on file for the information of the
Council.
The communication from the Community Commission on Drug Abuse dated
June 19, 1978, with respect to Audit by Coopers & Lybrand for Year ending December 31,
1977, was received and placed on file for the information of the Council.
Councilman Ventura took from the table, for second reading and adoption,
the following Ordinance.
AN ORDINANCE AMENDING SECTION 23 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 77-10-1-40
FOR CHANGE OF ZONING FROM RUFA TO C-2.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Raymond, Bennett, Bishop, Ventura, Brown, Nash and McCann.
NAYS. None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
*Councilman Nash was excused at 8:25 P M
Councilman Brown took from the table, for second reading and adoption,
the following Ordinance.
AN ORDINANCE AMENDING SECTION 21 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 ?7-12-1-43
FOR CHANGE_OF ZONING FROM R-2 TO P.S.
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A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Raymond, Bishop, Brown and McCann
NAYS: Bennett and Ventura.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
*Councilman Nash returned at 8.26 P M
Councilman Nash took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
(Petition 78-3-3-3)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Raymond, Bennett, Bishop, Ventura, Nash, Brown and McCann.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Nash took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 36
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.
(Civil Action No.� 77-723714-AW)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Raymond, Bennett, Nash, Brown and McCann.
NAYS: Ventura and Bishop.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
By Councilman Nash, seconded by Councilman Bishop, it was
17193
#620-78 RESOLVED, that having considered a communication from the City
Engineer, dated June 9, 1978, approved by the Director of Public Works and
approved for submission by the Mayor, to which is attached a request for
payment No. 14 from R. E. Dailey e, Company, Construction Manager for the
Civic Center Municipal Building, dated May 31, 1978, which is as follows:
Construction Management Fee $8,316.51
Reimbursables (April, 1978) 4,447.53
TOTAL $12,764.04
the Council does hereby authorize the payment of the aforesaid amount to
the R E. Dailey & Company as indicated herein; and the City Clerk and the
City Treasurer are hereby requested to do all things necessary or inciden-
tal to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Bennett, Bishop, Ventura, Nash, Brown and McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Nash, it was
#621-78 RESOLVED, that having considered a communication from the City
Engineer, dated June 2, 1978, which bears the signature of the Finance
Director, is approved by the Director of Public Works and is approved for
submission by the Mayor, with regard to the modernization of the existing
traffic signal at the intersection of Plymouth Road and Harrison, the
Council does hereby agree to and approve of the City of Livonia
participating in the actual cost of installation and in the future main-
tenance (including electrical energy charges) of the aforesaid traffic
signal modernization to the extent of 50%, the total estimated cost of
such installation being in the amount of $1,100.00, and the City's
estimated cost of participation being in the amount of $550 00, and further,
the Council does hereby appropriate and authorize the expenditure of a sum
not to exceed $550.00 from the Motor Vehicle Highway Fund Receipts (Major
Road Account) for this purpose; and the Mayor and City Clerk are hereby
authorized to execute in behalf of the City of Livonia the proposed cost
agreement submitted in this regard; and further, the City Clerk is hereby
requested to forward two certified copies of this resolution, together
with the signed cost agreement, to the Michigan State Highway Department,
18101 West Nine Mile Road, P. 0 Box 1226, Southfield, Michigan 48075.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Bennett, Bishop, Ventura, Nash, Brown and McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Nash, it was
#632-78 RESOLVED, that having considered a communication from the
Superintendent of Public Service and the Superintendent of Parks and
Recreation, dated June 15, 1978, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, and to which is
17194
attached a Baseball Diamond Improvement Project Survey, the Council does
hereby determine to approve and authorize the items of work in Priority
Group II which are to be completed prior to the 1979 Baseball Season,
said work to be performed by Park Maintenance personnel; further, the
Council does hereby appropriate the sum of $7,500 00 from the 4.4 Million
Dollar Parks and Recreation Bond Issue to be transferred to the Park
Maintenance Supplies Account No. 101-704-776.000.000 for the purpose of
purchasing the materials required in order to rebuild the said ball
diamonds listed in Priority Group II to a suitable condition of play.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Raymond, Bennett, Bishop, Ventura, Nash, Brown and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Raymond, it was
#623-78 RESOLVED, that having considered a communication dated May 19,
1978 from the City Planning Commission which transmits its Resolution No.
5-91-78, adopted on May 9, 1978 with regard to Petition No. 78-4-2-9,
submitted by Joe Feldman requesting waiver use approval to locate general
office uses within an existing building on property zoned PS, located on
the northwest corner of Lathers and Seven Mile Road in the Southeast 1/4 of
Section 1, the Council does hereby determine to concur in the recommenda-
Ltion made by the City Planning Commission and Petition No. 78-4-2-9 is
hereby approved and granted, such approval to be based upon the same
condition as is 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: Raymond, Bennett, Bishop, Ventura, Nash, Brown and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Brown, it was
RESOLVED, that having considered a communication dated June 20,
1978 from the City Planning Commission which transmits its Resolution No.
6-111-78, adopted on June 6, 1978 with regard to Petition No. 78-4-2-13,
submitted by Albert J. Charlet requesting waiver use approval to operate
a muffler, brakes, shocks and tire sales and installation business on
property zoned C-2, located on the northwest corner of Plymouth Road and
Camden in the Southwest 1/4 of Section 25, the Council does hereby
determine to concur in the recommendation made by the City Planning
Commission and Petition No. 78-4-2-13 is hereby approved and granted, such
approval to be based upon the same conditions as are set forth in the
aforesaid recommendation of the Planning Commission and on the basis of a
revised site plan eliminating four parking spaces on Plymouth Road.
Imi *Councilman Brown was excused at 8:31 P. M.
17195
By Councilman Bishop, seconded by Councilman Raymond, it was
#624-78 RESOLVED, that having considered a communication dated June 20,
1978 from the City Planning Commission which transmits its Resolution No.
6-111-78, adopted on June 6, 1978 with regard to Petition No 78-4-2-13,
submitted by Albert J Charlet requesting waiver use approval to operate a
muffler, brakes, shocks and tire sales and installation business on property
zoned C-2, located on the northwest corner of Plymouth Road and Camden in
the Southwest 1/4 of Section 25, the Council does hereby determine to refer
this matter to the Study Session to be conducted on July 17, 1978.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Raymond, Bennett, Bishop, Ventura and McCann.
NAYS: Nash.
The President declared the resolution adopted.
By Councilman Nash, seconded by Councilman Raymond, it was
#625-78 RESOLVED, that having considered a letter from the Michigan Liquor
Control Commission dated April 13, 1978, and the report and recommendation
of the Acting Chief of Police dated June 13, 1978, in connection therewith,
the Council does hereby approve of the request from Demir Ablai for transfer
of ownership of 1977-78 SDM licensed business from Manuel G Qashat located
at 27720 Joy Road, Livonia, Michigan, Wayne County; and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Bennett, Bishop, Ventura, Nash, ande Mc .adnt•
NAYS: None.
By Councilman Bennett, seconded by Councilman Bishop, and unanimously
adopted, it was
#626-78 RESOLVED, that having considered a communication from the Cushion
'n' Cue Recreation Centers, dated June 6, 1978, with regard to the
tournament to be conducted at the said lounge which is located at 27630
Schoolcraft Road, Livonia, Michigan, i.e. 1978 Billiard News National Open
Men's and Women's Straight Pool Championships on September 1, 2, 3, and 4,
1978, the Council does hereby determine that for this tournament only on
the said dates and location the time regulations set forth in Section 4-401
shall be waived to the extent necessary beyond the normal 2:00 A.M. curfew
in order to permit completion of matches conducted in connection with this
tournament.
By Councilman Ventura, seconded by Councilman Bennett, and unanimously
adopted, it was
17196
#627-78 RESOLVED, that having considered a communication from the
Washington Community Services Association, Southwest Livonia Homeowners
Association, Washington Community School P.T.A , Boy Scouts of America,
Troop No. 852, and the Principal of the Washington Community School, dated
June 12, 1978, wherein certain improvements and developments are proposed
for Dover Park, the Council does hereby determine to refer the same to the
Parks and Recreation Commission and the Engineering Division for their
respective reports and recommendations.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#628-78 RESOLVED, that having considered a communication from Mrs Earl
Baaki, 19637 St. Francis and Mrs. Robert Bruckner, 19355 St. Francis,
dated June 13, 1978, wherein a request is submitted for the closing of the
southern end of St. Francis at Bridge, the Council does hereby determine
to refer the same to the Traffic Commission, Police Department and the
Streets, Roads and Plats Committee for their respective reports and
recommendations.
By Councilman Nash, seconded by Councilman Bishop, and unanimously
adopted, it was
#629-78 RESOLVED, that having considered a letter from Joan K. Holmes,
9908 Berwick, Livonia, Michigan, dated June 14, 1978, requesting permission
to close Berwick between Elmira and Orangelawn on Labor Day, September 4,
1978 between the hours of 2:00 P M to 9:00 P. M for the purpose of
conducting a block party, the Council does hereby determine to grant
permission as requested, the action taken herein being made subject to
approval of the Police Department.
By Councilman Ventura, seconded by Councilman Raymond, it was
#630-78 RESOLVED, that having considered a communication from the
Department of Assessment, dated June 20, 1978, approved for submission by
the Mayor, with regard to a request from Mr. & Mrs. Robert McDaniels,
18928 Filmore, Livonia, Michigan 48152, and in accordance with the
provisions of 1967 PA 288, 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 and combination of
Lots 203, 204 and 205, Seven Mile Superhighway Subdivision (Tax Item
46 033 01 0204 000 (09a204) would not be contrary to the spirit and
purpose of the aforesaid ordinance and does, accordingly, approve of
dividing and combining of the same into two parcels, the legal descriptions
of which shall read as follows:
Parcel A - Lot 203 and the S 30 ft. of Lot 201+, Seven Mile Superhighway
Subdivision. (80 x 137) 10,960 sq. ft.
Parcel B - The N. 20 ft. of Lot 204; all of Lot 205, Seven Mile Super-
highway Subdivision. (70 x 137) 9,590 sq. ft.
17197
as shown on the map attached to the aforesaid communication which is made
a part hereof by 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.
A roll call vote was taken on the foregoing resolution with the following result.
AYES• Raymond, Bennett, Bishop, Ventura, Nash and McCann.
NAYS: None.
The communication from the City Treasurer dated June 16, 1978 with respect
to quarterly report relative to all deposits of the City in all of its general
depositories, was received and placed on file for the information of the Council
*Councilman McCann was excused at 8:40 P M
By Councilman Nash, seconded by Councilman Raymond, it was
#631-78 Tom; the Legislature of the State of Michigan has enacted
Public Act 150 effective as of May 18, 1978, authorizing the district
control unit of a district court to supplement the compensation of a
district court judge within that district in an amount equal to 60%o of the
salary paid to a Circuit Court judge by the State of Michigan.
THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia
does hereby authorize the district judges of the 16th District Court to
receive any supplement authorized by Public Act 150 effective as of May 18,
1978, the said supplement shall equal 60% of the salary paid to a Circuit
Judge of the State of Michigan.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Bishop, Ventura, Nash and Bennett.
NAYS. None.
*Councilman McCann returned at 8.41 P M
By Councilman Ventura, seconded by Councilman Nash, it was
#632-78 RESOLVED, that having considered a communication from the City
Engineer, dated June 5, 1978, approved by the Director of Public Works
and approved for submission by the Mayor, concerning construction of
driveway approaches at the following locations
Parcel Number Work to be Assessed
13R24a,25a 180 s f. drive approach
13R13b1 102 s f drive approach
13R18a1 195 s.f. drive approach
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Parcel Number Work to be Assessed
35a130 95 s.f. drive approach
35a181, 182 & 183 270 s f. drive approach
(on Hugh Side)
35a160, 161 225 s.f. drive approach
35a387,388 165 s.f. drive approach
(on Oporto Side)
35a525,526a 240 s.f. drive approach
35a533 250 s.f. drive approach
34b642,643 451 s.f. drive approach
13R18d1,19a 195 s.f. drive approach
13R2Oa1 195 s.f. drive approach
35a276 102 s.f. drive approach
35a75 154 s.f. drive approach
10e78 198 s.f drive approach
10e91 198 s f. drive approach
10e67 198 s.f. drive approach
and for the reasons stated, the Council does hereby require the
respective owners of lots and premises referred to above to construct
and install drive approaches at such premises and the City Clerk is hereby
requested to do all things necessary to carry out the provisions of this
resolution which is made pursuant to the Livonia Code of Ordinances, as
amended, Title 5, Chapter 1, Section 5-137, and FURTHER, said notice shall
set forth that the respective owners of lots and premises herein referred
to shall complete said driveway approaches on or before September 1, 1978
after which date the Engineering Division shall arrange for the construc-
tion of the said driveway approaches as part of the City's 1978
Miscellaneous Sidewalk and Driveway Approach Program.
A roll call vote was taken on the foregoing resolution with the following result
AYES• Raymond, Bennett, Bishop, Ventura, Nash and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted,
it was
#633-78 RESOLVED, that the Council having adopted resolution No. 200-78 at
its regular meeting held on March 1, 1978 requiring the City Engineer to
ascertain the assessed valuation of all property affected by the proposed
17199
improvement of Levan Road from Plymouth to Parkdale in 'the N 1/2 of
Section 32, T 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan,
the number of parcels which show tax delinquencies the number of parcels
owned by public authorities, the number of parcels which are vacant, and
having prepared and caused 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 assess-
ments 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, specifications and recommendations have
been properly filed by the City Engineer with the City Clerk under date of
June 6, 1978, 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, August 28, 1978 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 Nash, seconded by Councilman Bishop, and unanimously adopted,
it was
#634-78 RESOLVED, that having considered a communication from the City
Engineer, dated June 6, 1978, approved by the Director of Public Works and
approved for submission by the Mayor, with regard to the proposed improve-
ment of Levan Road, south of Plymouth Road, with a permanent pavement, the
Council does hereby request that the Engineering Division submit its report
and recommendation on the feasibility of installing traffic lights at the
following intersections, a) Plymouth and Yale; and b) W Chicago and
Wayne.
By Councilman Ventura, seconded by Councilman Nash, it was
#635-78 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated June 2, 1978, which bears the signature of the
Finance Director, is approved by the Director of Public Works and is
approved for submission by the Mayor, and to which is attached a letter
from the Engineer of Traffic and Safety for the Wayne County Road
Commission, dated May 24, 1978, wherein an agreement is transmitted for a
traffic control signalization project in Wayne County which includes many
signals which are located within the City of Livonia, the overall cost for
the signal interconnect project being estimated at $850,000, the bulk of
which shall be paid for with federal funds and with any noneligible costs
being paid on the basis of 48.53% by the Wayne County Road Commission and
11.05% by various cities affected by the project, and the Mayor and City
Clerk are hereby authorized to execute the attached agreement for and on
behalf of the City of Livonia as well as to do all other things necessary
or incidental to the full performance of this resolution; further, to the
extent that the City shall be required to participate in the cost of this
project, the funding of same is being appropriated from the Motor Vehicle
Highway Fund Receipts (Major Road Account)
17200
A roll call vote was taken on the foregoing resolution with the following result:
110 AYES: Raymond, Bennett, Bishop, Ventura, Nash, and McCann.
NAYS. None.
By Councilman Ventura, seconded by Councilman Bishop, and unanimously
adopted, it was
#636-78 RESOLVED, that having considered a communication from the
Department of Law, dated June 12, 1978, approved by the Chief Building
Inspector and approved for submission by the Mayor, and which submits a
proposed comprehensive Noise Control Ordinance, pursuant to Council
Resolution No. 64-78, the Council does hereby determine to refer the same
to the Legislative Committee for its report and recommendation.
The communication from the Livonia Commission on Aging dated June 15, 1978 with
respect to Wayne Essential Transportation System, was received and placed on file
for the information of the Council.
By Councilman Bishop, seconded by Councilman Raymond, and unanimously
adopted, it was
#637-78 RESOLVED, that having considered a communication from the
Personnel Director, dated June 8, 1978, approved for submission by the
Mayor and which sets forth a resolution adopted by the Civil Service
Commission on May 18, 1978, wherein it is recommended that the titles of
certain classifications be revised as follows:
Current Proposed Revision
Concrete Repairman Concrete Repairer
Equipment Serviceman Equipment Servicer
Park Maintenance Man I Park Maintenance Worker I
Park Maintenance Man II Park Maintenance Worker II
Road Maintenance Man Road Maintenance Worker
Sewer Maintenance Man I Sewer Maintenance Worker I
Sewer Maintenance Man II Sewer Maintenance Worker II
Water Meter Repairman I Water Meter Repairer I
Water Meter Repairman II Water Meter Repairer II
Water Meter Repairman III Water Meter Repairer III
the Council does hereby determine to concur in and approve of such action.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#638-78 RESOLVED, that having considered a communication from the Personnel
Director, dated June 9, 1978, approved for submission by the Mayor, which
sets forth a resolution adopted by the Civil Service Commission on
March 2, 1978, wherein it is recommended that the Title of the
17201
classification of Fireman be revised to Firefighter and that the title of
the classification of Patrolman be revised to Police Officer, the Council
does hereby determine to concur in and approve of such action.
By Councilman Raymond, seconded by Councilman Ventura, it was
#639-78 RESOLVED, that having considered a communication from the
Personnel Director, dated June 8, 1978, approved by the Finance Director
and approved for submission by the Mayor, and which sets forth a resolu-
tion adopted by the Civil Service Commission on May 18, 1978, wherein it
is recommended that the salary rate for Police Matron be increased to a
flat rate of $3.50 per hour, said salary to represent full compensation
with no other benefits; and that a retroactive adjustment be made for the
period from January 1, 1978 to the effective date of this resolution so as
to provide that during the aforesaid interim period the rate shall be
$2.65 for those police matrons who worked at the old rate of $2.50, 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: Raymond, Bennett, Bishop, Ventura, Nash and McCann.
NAYS: None.
By Councilman Raymond, seconded by Councilman Bishop, and unanimously
adopted, it was
#640-78 RESOLVED, that the Council does hereby refer to the Civil Service
Commission for its report and recommendation the question of revising the
title of the classification of Police Matron on a non-sexist basis.
By Councilman Nash, seconded by Councilman Bishop, and unanimously
adopted, it was
#641-78 RESOLVED, that having considered a communication dated June 21,
1978 from certain property owners and residents in the vicinity of the
alley located between Deering and Floral Streets immediately south of
Seven Mile Road, wherein a request is made for the closing of the same,
the Council does hereby determine to refer this communication to the City
Planning Commission for action and recommendation in accordance with the
provisions of law and city ordinances relative to the vacating of the
aforesaid alley.
By Councilman Nash, seconded by Councilman Raymond, it was
#642-78 RESOLVED, that having considered a letter from the Michigan Liquor
Control Commission, dated April 13, 1978, and the report and recommendation
of the Chief of Police, dated June 20, 1978, in connection therewith, the
Council does hereby approve of the request from Keith E. and Ruth A Fogel
for transfer of ownership of 1978-79 SDD-SDM licensed business from Bulus
L and Hanneh B. Hamemeh, located at 15254 Middlebelt Road, Livonia,
Michigan, Wayne County; and the City Clerk is hereby requested to forward
a certified copy of this resolution to the Michigan Liquor Control
Commission.
17202
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Raymond, Bennett, Bishop, Ventura, Nash and McCann.
NAYS: None.
The communication from the Finance Director dated June 20, 1978 transmitting various
financial statements for the month ending May 31, 1978, was received and placed on
file for the information of the Council.
By Councilman Nash, seconded by Councilman Bishop, and unanimously
adopted, it was
#643-78 RESOLVED, that the Council having considered a communication from
the City Engineer, dated June 20, 1978, 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 street improvement of Elmira Avenue (Deering to Inkster) and
Orangelawn Avenue (Clement Circle to Inkster) in the N E. 1/4 of Sectior.
36, 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 having prepared and caused 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, specifica-
tions and recommendations have been properly filed by the City Engineer
with the City Clerk under date of June 20, 1978, 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,
August 28, 1978 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:.
*Councilman Brown returned at 8.45 P M
By Councilman Nash, seconded by Councilman Bishop, and unanimously
adopted, it was
#644-78 WHEREAS, pursuant to the direction of the City Council in its
resolution no 90-78, adopted on February 1, 1978, and in accordance with
Section 2-510 of the Livonia Code of Ordinances, as amended, the City
Assessor of the City of Livonia has prepared, reported and certified to
the Council under date of June 14, 1978 an assessment roll dated June 14,
1978 for the improvement consisting of a 31-foot wide full-depth asphalt
17203
pavement with concrete curbs and gutters (Alternate II) on Cardwell Avenue
between Joy Road and West Chicago in the Southeast 1/4 of Section 36, City
of Livonia, Michigan, containing the special assessments to be assessed
and levied, respectively, in the proposed special assessment district
heretofore established for the construction and operation of the proposed
improvement in said district as designated in Council Resolution No 90-78.
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted
by the City Council; that it is hereby ordered to be filed in the Office
of the City Clerk for public examination, that the City Clerk be and hereby
is directed to give notice as required by the provisions of Section 2-511
of the Livonia Code of Ordinances, as amended, to wit: that the assessment
roll has been made and filed in the Office of the City Clerk for public
examination and that the City Council of the City of Livonia will meet in
the City Hall in said City, 33001 Five Mile Road on Monday, August 28,
1978 at 8:00 P M. to review the said special assessment roll at which
time and place opportunity will be given to all interested persons to be
heard;
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and circulated
generally in and throughout the said. City, at least ten (10) days prior to
the aforesaid date of August 28, 1978, the City Clerk is also directed to
give notice of said hearing by sending written notice thereof by first
class mail to each and every property owner in the proposed assessment
district as their respective names and addresses appear on the most
current assessment roll in the City Assessor's Office
By Councilman Nash, seconded by Councilman Bishop, and unanimously
adopted, it was
#645-78 WHEREAS, pursuant to the direction of the City Council in its Res.
no. 87-78, adopted on February 1, 1978, and in accordance with Section
2-510 of the Livonia Code of Ordinances, as amended, the City Assessor
of the City of Livonia has prepared, reported and certified to the
Council under date of June 14, 1978 an assessment roll dated June 14,
1978 for the improvement consisting of a 31-foot wide full-depth asphalt
pavement with concrete curbs and gutters (Alternate II) on Floral Avenue,
north of Joy Road in the Southeast 1/4 of Section 36, City of Livonia,
Michigan, containing the special assessments to be assessed and levied,
respectively, in the proposed special assessment district heretofore
established for the construction and operation of the proposed improve-
ment in said district as designated in Council Resolution No. 87-78.
THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted
by the City Council; that it is hereby ordered to be filed in the Office
of the City Clerk for public examination, that the City Clerk be and
hereby is directed to give notice as required by the provisions of
Section 2-511 of the Livonia Code of Ordinances, as amended, to wit:
that the assessment roll has been made and filed in the Office of the City
Clerk for public examination and that the City Council of the City of
Livonia will meet in the City Hall in said City, 33001 Five Mile Road on
Monday, August 28, 1978 at 8:00 P.M to review the said Special Assessment
Roll at which time and place opportunity will be given to all interested
persons to be heard;
17204
IT IS FURTHER RESOLVED, that the City Clerk be and hereby is
directed to publish a notice of said public hearing at least once in the
official newspaper of the City of Livonia which is published and cir-
culated generally in and throughout the said City, at least ten (10) days
prior to the aforesaid date of August 28, 1978, the City Clerk is also
directed to give notice of said hearing by sending written notice thereof
by first class mail to each and every property owner in the proposed
assessment district as their respective names and addresses appear on the
most current assessment roll in the City Assessor's Office.
By Councilman Nash, seconded by Councilman Ventura, it was
#646-78 RESOLVED, that having considered a communication from the
Department of Law, dated June 12, 1978, approved by the Director of Public
Works and the Chief Building Inspector, and approved for submission by the
Mayor, with regard to Margaret Prappas vs City of Livonia, Wayne County
Circuit Court Civil Action No. 78-809778-AS, and the Council having
determined as a matter of fact, that the plaintiff in the above captioned
matter has in fact repaired and restored the building located at 28450 Joy
Road, Livonia, Michigan, the Council does hereby determine to rescind
Council Resolution No. 252-78, adopted on March 15, 1978, and to take no
further action with respect to this matter
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Raymond, Bennett, Bishop, Ventura, Nash, Brown and McCann
NAYS: None
By Councilman Nash, seconded by Councilman Bishop, and unanimously
adopted, it was
#647-78 RESOLVED, 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 City Zoning Act (MBA 5.2934; MCLA 125 584), 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, August 28,
1978 at 8:00 P M at the Livonia City Hall, 33001 Five Mile Road, Livonia,
Michigan, with respect to the following items
(1) Petition No. 78-4-1-20 submitted by the Plymouth Investment Company
to rezone property located south of Eight Mile Road, west of Gill
Road in the West 1/4 of Section 4, from RUFB to R-3, the City
Planning Commission having in its resolution no. 6-135-78 recommended
to the City Council. that Petition No. 78-4-1-20 be denied;
(2) Petition No. 78-4-1-23 submitted by Robert German for a change of
zoning of property located on the west side of Purlingbrook between
St. Martins and Bretton Road in the Southwest 1/4 of Section 2, from
RUFA to R-3, the City Planning Commission having in its resolution
no. 6-108-78 recommended to the City Council that Petition No
78-4-1-23 be approved in part,
17205
(3) Petition No. 76-8-6-7, as amended, submitted by the City Planning
Commission on its own motion to amend Section 10.02(b), Permitted
Uses, and Section 10.03, Waiver Uses, of Ordinance No. 543, to
provide standards for determining the use of bakeries, ice cream
stores, etc. , as permitted uses or waiver uses in C-1 Zoning Districts
the City Planning Commission having in its resolution no. 6-114-78,
recommended to the City Council that Petition No. 76-8-6-7, as amended
be approved; and
(4) Petition No. 78-2-6-4 submitted by the City Planning Commission on
its own motion to amend Section 19.06, General Waiver Requirements
and General Standards, paragraph (c), by adding additional standards
for the storage of refuse and the screening of mechanical equipment,
the City Planning Commission having in its resolution no. 6-115-78
recommended to the City Council that Petition No 78-2-6-4 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, cause to have a
statement indicating the
(a) nature of the proposed amendments to the Zoning Ordinance,
(and/or)
(b) location of the proposed changes 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.
By Councilman Nash, seconded by Councilman Brown, and unanimously
adopted, it was
#648-78 RESOLVED, that the Council does hereby establish the following
dates for the purpose of conducting regular meetings of the City Council
for the month of August, 1978:
Wednesday, August 16, 1978 and
Wednesday, August 30, 1978.
By Councilman Brown, seconded by Councilman Bishop, and unanimously
adopted, it was
#649-78 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.
17206
By Councilman Nash, seconded by Councilman Brown, it was
#650-78 RESOLVED, that having considered the report and recommendation of
the City Engineer, dated June 16, 1978, which bears the signature of the
Finance Director, is approved by the Director of Public Works and is
approved for submission by the Mayor, the Council does hereby accept the
unit price bid of Core Concrete Construction, 31553 Gable, Livonia,
Michigan 48152 for the 1978 Miscellaneous Sidewalk and Drive Approach
Program (Contract 78-H) for the estimated cost of $162,656.00 based upon
the Engineering Division's estimate of units of work involved, and subject
to a final payment based upon the actual units of work completed in accord-
ance with the unit prices accepted herein, said estimated cost and unit
prices having been in fact the lowest bid received for this item; further,
the Council does hereby appropriate as an advance a sum not to exceed
$162,656.00 from the $9 8 million Street and Road General Obligation Bond
Issue with the provision that the said bond issue shall be reimbursed at
such time as funds are received from the Single Lot Assessments levied
for this purpose; and the Director of Public Works is hereby authorized
to approve minor adjustments in the work as required; and the Mayor and
City Clerk are hereby authorized to execute a contract for and on behalf
of the City of Livonia with the aforesaid bidder and to do all other
things necessary or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result
AYES: Raymond, Bennett, Bishop, Ventura, Nash, Brown and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Ventura, it was
#651-78 WHEREAS, the City Council having duly met and reviewed the
special assessment levied on the Special Assessment Roll as prepared by
the City Assessor to cover the district portion of the cost of street
paving on Jamison Avenue from Middlebelt to Garden in the Northwest 1/4 of
Section 24, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan,
improvements to be constructed in the Special Assessment District No 182,
and all owners of record of property subject to the special assessments
having submitted in writing a "waiver of notice and proceedings" in
accordance with Section 2-531 of the Livonia Code of Ordinances, as
amended, and after careful consideration having been given to all such
matters, the Council does hereby, pursuant to Section 2-508 of said Code,
determine as follows
NOW, THEREFORE, BE IT RESOLVED, THAT:
(1) The City Council does hereby determine that the assessments set forth
in said Special Assessment Roll dated July 6, 1978, in the amount of
$31,358.47, 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. 182 is hereby approved and confirmed
in all respects,
17207
(3) The amount of said roll shall be divided into ten (10) equal annual
installments with interest at the rate of eight (8%) percent per
annum on the unpaid balance of the assessment from the date of
confirmation. Said interest shall be payable on each installment
due date, provided, however, that after the issuance of bonds to be
issued in anticipation of the collection of the unpaid assessments
on the said special assessment roll, said rate of interest shall be
adjusted to a rate which is not more than 1% above the average rate
of interest borne by said bonds. In such cases where the install-
ments will be less than Ten Dollars ($10 00) the number of install-
ments 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, 1979 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 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, 1979 pay the whole or any
part of the assessment without interest or penalty;
(5) The first installment shall be spread upon the 1979 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, 1979 and there-
after one (1) installment shall be spread upon each annual tax roll
together with one (1) year' s interest upon all unpaid installments,
provided, however, that when any annual installment shall have been
prepaid in the manner provided in Title 2, Chapter 5 of the Livonia
code of Ordinances, as amended, either within the sixty (60) day
period as provided by Section 2-520, or after the expiration of the
sixty (60) day period as provided by Section 2-523 then there shall
be spread upon the tax roll for such year only the interest for all
unpaid installments; and
(6) The City Council having determined to pay a portion of the cost,
sixty-one percent (61%), of the said improvement within the said
district in the sum of $49,567.72.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Raymond, Bennett, Bishop, Ventura, Nash, Brown and McCann.
NAYS. None.
By Councilman Brown, seconded by Councilman Bishop, it was
#652-78 RESOLVED, that having considered the report and recommendation
of the City Engineer, dated July 6, 1978, which bears the signature of
the Finance Director, is approved by the Director of Public Works and is
approved for submission by the Mayor, the Council does hereby accept the
unit price bid of Detroit Concrete Products, 44300 Grand River, Novi,
17208
Michigan 48050 for a portion of the 1978 Miscellaneous Residential Street
L Paving Program,((A) Morlock east of Middlebelt, and (B) Jamison between
Middlebelt and Garden) for the estimated total cost of $186,034.00 based
upon the Engineering Division's estimate of units of work involved, and
subject to a final payment based upon the actual units of work completed
in accordance with the unit prices accepted herein, said estimated cost
and unit prices having been in fact the lowest bid received for this item,
further, the Council does hereby determine to appropriate as an advance a
sum not to exceed $186,034.00 from either the $9.8 million or the $7.9
million Streets and Roads General Obligation Bond Issues for this purpose,
with the provision that the same shall be reimbursed at such time as funds
become available from proceeds of future special assessment districts,
the Motor Vehicle Highway Fund, and the Livonia Drain Bond Issues; and the
Director of Public Works is hereby authorized to approve minor adjustments
in the work as required, and the Mayor and City Clerk are hereby authorized
to execute a contract for and on behalf of the City of Livonia with the
aforesaid bidder and to do all other things necessary or incidental to the
full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Bennett, Bishop, Ventura, Nash, Brown and McCann.
NAYS: None.
Ladopted, it ywCaosuncilman Bennett, seconded by Councilman Nash, and unanimously
#653-78 RESOLVED, that the Council hereby refers the subject of the
review of the City's Ordinance provisions relative to the approvals and
the requirements for the erection of temporary structures to the
Legislative Committee of the Council and to thereafter report its
recommendation to the Council as a whole, and hereby further requests
that the Building Department hold in abeyance any approvals requested for
temporary structures that have a planned existence of more than six (6)
months.
By Councilman Bennett, seconded by Councilman Nash, it was
RESOLVED, that the Council hereby rescinds that portion of Council
Resolution No. 377-78 regarding appointments to the Rouge Watershed
Committee and hereby establishes that said appointments to the said
Committee shall be made by the Mayor with the approval of the Council.
By Councilman Raymond, seconded by Councilman Ventura, it was
#654-78 RESOLVED, that the Council does hereby refer to the Committee of
the Whole that portion of Council Resolution No. 377-78 regarding appoint
ments to the Rouge Watershed Committee.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Bishop, Bennett, Ventura, Brown and. McCann.
NAYS: Nath.
The President declared the resolution adopted
17209
By Councilman Nash, seconded by Councilman Ventura, it was
#655-78 RESOLVED, that having considered a communication dated August 16,
1978 from the City Planning Commission, which transmits its resolution
8-162-77 adopted on August 9, 1977 with regard to Petition 77-4-2-7
submitted by Jeanne Hildebrandt, General Manager of the Livonia Mall,
requesting waiver use approval to construct and operate a Denny's
Restaurant on property zoned C-2 and located on the southwest corner of
the parking lot of the Livonia Mall Shopping Center located on the
northwest corner of Seven Mile and Middlebelt Roads in the Southeast 1/4
of Section 2, and the Council having conducted a public hearing with
regard to this matter on October 31, 1977, pursuant to Council Resolution
846-77, the Council does hereby determine to concur in the recommendation
made by the City Planning Commission and Petition No. 77-4-2-7 is hereby
denied for the same reasons as those set forth in the action taken by the
Planning Commission.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Bennett, Ventura, Nash, Brown and McCann.
NAYS: Bishop.
The President declared the resolution adopted.
On motion of Councilman Brown, seconded by Councilman Nash, and
unanimously adopted, this 886th Regular Meeting of the Council of the City of
Livonia was duly adjourned at approximately 9.05 P. M , July 12, 1978.
(2047.0---A////
ADDI 0 W CON, CITY CLERK