HomeMy WebLinkAboutCOUNCIL MINUTES 1976-07-21 15739
MINUTES OF THE EIGHT HUNDRED AND THIRTY-NINTH REGULAR MEETING
liw OF THE COUNCIL OF THE CITY OF LIVONIA
On July 21, 1976, the above meeting was held at the City Hall, 33001 Five
Mile Road, Livonia, Michigan and was called to order by the President of the Council
at approximately 8:06 P. M. Councilman Brown delivered the invocation. Roll was
called with the following result: Present--Robert E. McCann, Robert F. Nash, Jerry
H. Brown, Peter A. Ventura, and Robert R. Bishop Absent--*Jerry Raymond and
Robert D. Bennett.
Elected and appointed officials present. Addison W Bacon, City Clerk;
Harry C. Tatigian, City Attorney; John T Dufour, Superintendent of Parks and
Recreation; Robert Turner, Police Chief, Edward Milligan, Director of Public
Safety-Police; Ronald Mardiros, City Assessor, John Nagy, City Planner; Ted
Opalinski, Traffic Commission; Jack Dodge, Finance Director; Ralph Bakewell,
Planning Department; G E Siemert, City Engineer, James Miller, Personnel Director;
Michael Reiser, Water & Sewer Board; Frank Kerby, Chief Building Inspector;
and Robert Osborn, Director of Public Works.
By Councilman Ventura, seconded by Councilman Brown, and unanimously
adopted, it was
#606-76 RESOLVED, that the minutes of the 838th regular meeting of the
Council of the City of Livonia, held July 7, 1976, are hereby approved.
The following resolution was unanimously introduced, supported and adopted:
#607-76 WHEREAS, the ravages of the dread disease of leukemia has brought
tragedy into many thousands of households and doomed its young victims to
an untimely death, and
WHEREAS, leukemia takes the lives of more than 500 Michigan
residents every year, and
WHEREAS, the Children's Leukemia Foundation of Michigan is the
only United Way organization in the State of Michigan totally dedicated to
furthering research toward more effective treatment and an inevitable cure
for this and other blood diseases; and
WHEREAS, the Governor of the State of Michigan has proclaimed
the period of July 25 to July 31 as "Children's Leukemia Week"
157)10
iiit NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Livonia does hereby declare the week of July 25 to 31, 1976 as
"Children's Leukemia Weeka' in the City of Livonia in recognition of the
outstanding humanitarian contributions of the Children's Leukemia
Foundation of Michigan.
By Councilman Bishop, seconded by Councilman Brown, it was
#608-76 RESOLVED, that having considered a communication from the
Department of Law dated July 8, 1976, approved by the Chairman of the
Historical Commission and approved for submission by the Mayor, which
submits 1) Stipulation for Dismissal of Appeal, 2) Order Granting Dismislal
of Appeal, 3) Stipulation for Vacating of Judgment and Dismissal of Cause;
and 4) Order Vacating Judgment and Dismissing Cause, with respect to Wayne
County Circuit Court Civil Action No 74-025-555-CC in the matter of the
condemnation of certain property on the north side of Seven Mile Road,
between Farmington Road and Gill Road, the Council does hereby authorize the
City Attorney to execute a Stipulation for Dismissal of Appeal, and a
Stipulation for Vacating of Judgment and Dismissal of Cause, and approve th'
entry of appropriate orders in connection therewith, the terms and conditions
of which are as follows.
a. that the judgment entered by the trial court on February 23,
1976 be vacated and the complaint for condemnation be dis-
missed without prejudice, without costs, expenses or attorney
L fees and without liability of any kind or nature whatsoever
to the parties hereto; and
b. that the Claim of Appeal be and it is hereby dismissed
without prejudice, without costs, expenses or attorney
fees and without liability of any kind or nature whatsoever
to the parties hereto;
and the Department of Law, the City Planning Commission and such other
city departments and agencies as may be concerned are hereby requested to
do all things necessary or incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Brown, Ventura, Bishop, Nash and McCann.
NAYS: None.
The communication dated June 9, 1976 from the City Treasurer, submitting
the quarterly report relative to all deposits of the City in all of its general
depositories from March 1, 1976 through May 31, 1976, was received and filed for the
information of the Council.
Councilman Brown took from the table for second reading and adoption,
the following Ordinance:
15741
im. AN ORDINANCE AMENDING SECTION 18.37 OF
ARTICLE XVIII OF ORDINANCE NO. 543, AS
AMENDED, KNOWN AND CITED AS THE "ZONING
ORDINANCE OF THE CITY OF LIVONIA," BY
ADDING SUBPARAGRAPH (o) THERETO. RE:
PETITION NO. 75-10-6-12.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Brown, Ventura, Bishop, Nash 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 6-168(1) OF
TITLE 6, CHAPTER 1 (TRAFFIC ORDINANCE) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
Councilman Nash in giving second reading struck the words "and resonator"
where used two times in Paragraph (b) of the proposed Ordinance amendment.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Brown, Ventura, Bishop, Nash and McCann.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
By Councilman Nash, seconded by Councilman Bishop, it was
#609-76 RESOLVED, that having considered the report and recommendation of
the Superintendent of Operations dated July 9, 1976 which bears the sig-
nature of the Director of Finance, is approved by the Director of Public
Works and is approved for submission by the Mayor, the Council does hereby
determine to accept the bid of Town & Country Dodge, Inc. , 31015 Grand
River, Farmington Hills, Michigan 48024, for supplying the City with three
(3) One-Half Ton Pickup Trucks for a total price in the amount of
$11,481.45, the same having been in fact the lowest bid received which
meets al) specifications; further, the Council does hereby appropriate and
authorize the expenditure of the sum of $7,604.30 from Federal Revenue
Sharing Funds previously set aside for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
15742
AYES: Brown, Ventura, Bishop, Nash and McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Brown, it was
#610-76 RESOLVED, that having considered a communication from the Director
of Finance dated June 24, 1976, approved for submission by the Mayor, with
regard to the purchase of No. 5 Fuel Oil for the operation of the Pierson
School, the Council does hereby determine to authorize the purchase of said
No. 5 Fuel Oil from Allied Oil Company, P. 0 Box 91787, Chicago, Illinois
60693, effective June 14, 1976, for the unit price of 27.34 cents per gallon
said price being made in accordance with Federal Government Regulations;
further, the Council does hereby determine to authorize the said purchase
without competitive bidding for the reasons indicated in the aforesaid
communication and such action is taken in accordance with the provisions set
forth in Section 2-213(d)(5) of the Livonia Code of Ordinances, as amended;
and all prior resolutions in conflict herewith are hereby repealed, amenc:ed;
or revised to the extent necessary to be consistent with the action taken
herein.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Brown, Ventura, Bishop, Nash and McCann.
LNAYS: None.
By Councilman Nash, seconded by Councilman Brown, it was
#611-76 RESOLVED, that having considered a communication from the Director
of Finance, dated June 25, 1976, approved for submission by the Mayor, the
Council does hereby determine to authorize the purchase of gasoline from
Texaco, Inc. at the following unit prices in the following manner:
May 26, 1976 June 16, 1976
Less than 5,000 Gals. - 42.7¢ Gal. 43.70/Gal.
More than 5,000 Gals. - 37.80/Gal. 38.90/Gal.
Lead Free less than 5,000 Gals. - 44.70/Gal. 45.70/Gal.
Lead Free more than 5,000 Gals. - 39.80/Gal. 40.80/Gal.
said prices being made in accordance with Federal Government Regulations;
further, the Council does hereby determine to authorize the said purchase
without competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with the provisions
set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances, as
amended; and all prior resolutions in conflict herewith are hereby repealed,
amended, or revised to the extent necessary to be consistent with the
action taken herein.
Ime A roll call vote was taken on the foregoing resolution with the following result:
AYES: Brown, Ventura, Bishop, Nash, and McCann.
NAYS: None.
15743
By Councilman Ventura, seconded by Councilman Brown, it was
#612-76 RESOLVED, that having considered a communication from the Mayor,
dated June 25, 1976, which bears the signature of the Finance Director,
with regard to certain litigation commenced by an association of certain
suburban communities and other users of the Detroit Metropolitan Water
System, wherein the services of Mr Bert Burgoyne, attorney, have been
retained, and in accordance with the pledge set forth in council resolu-
tion #162-76 adopted on February 18, 1976, the Council does hereby deter-
mine to appropriate and authorize the expenditure of a sum not to exceed
$5,000 from the Unexpended Fund Balance Account of the Water Department to
cover the City of Livonia's share of the costs involved in the said
litigation; and the City Clerk and the City Treasurer are hereby requested
to do all things necessary or incidental to the full performance of this
resolution.
A roll call vote was taken on the foregoing resolution with the following result-
AYES: Brown, Ventura, Bishop, Nash and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Bishop, it was
RESOLVED, that having considered a communication from the
Personnel Director dated June 16, 1976, approved by the Finance Director
and approved for submission by the Mayor, which transmits a resolution
adopted by the Civil Service Commission on May 20, 1976 wherein the Civil
Service Commission requests an additional appropriation in the amount of
$5,050 in order to continue basic operating expenses, and expenses incurred
to administer the CETA Program, the Council does hereby determine to refer
the same to the Finance and Insurance Committee for its report and
recommendation.
By Councilman Brown, seconded by Councilman Nash, it was
RESOLVED, that the Council does hereby determine, in lieu of the
foregoing resolution, to substitute a motion to approve the Civil Service
Commission request for an additional appropriation in order to continue
basic operating expenses, and expenses incurred to administer the CETA
Program.
A roll call vote was taken on the motion to substitute as follows.
AYES: Brown, Ventura, Bishop, Nash and McCann.
NAYS: None.
The President declared the resolution to substitute adopted.
By Councilman Brown, seconded by Councilman Nash, it was
#613-76 RESOLVED, that having considered a communication from the
Personnel Director dated June 16, 1976, approved by the Finance Director
and approved for submission by the Mayor, and which transmits a resolution
15744
adopted by the Civil Service Commission on May 20, 1976 wherein the Civil
Service Commission requests an additional appropriation in order to
continue basic operating expenses, and expenses incurred, to administer the
CETA Program, the Council does hereby determine to appropriate the sum of
$5,050 from the Unexpended Fund. Balance Account to be transferred to the
following accounts in the following amounts:
Account # Account Name Amount Requested
220-728 Office Supplies 1,000.00
220-749 Service Recognition 400.00
220-756 Miscellaneous 50.00
220-861 Mit° Allowance 100.00
220-904 Printing 2,000.00
220-934 Maintenance of Office Equipment 100.00
236-828 Medical Examiner 1,400.00
$ 5,050.00
the action herein being taken for the reasons indicated in the aforesaid
communication.
A roll call vote was taken on the substitute resolution with the following result:
AYES: Brown, Ventura, Bishop, Nash and McCann.
NAYS: None.
By Councilman Brown, seconded by Councilman Bishop, it was
RESOLVED, that having considered a communication from the
Personnel Director dated June 21, 1976, approved by the Finance Director
and approved for submission by the Mayor, which transmits a resolution
adopted by the Civil Service Commission on June 10, 1976 which requests
that the Civil Service Commission meeting room and the Commission's office.-
meeting room be provided with air conditioning, and having also considered
a communication from the Director of Public Works dated July 9, 1976,
approved for submission by the Mayor, which provides a breakdown of costs
required to air condition meeting rooms and other city offices at the
Pierson School Center, the Council does hereby determine to refer the same
to the Capital Improvement Committee for its report and recommendation.
By Councilman Ventura, seconded by Councilman Nash, it was
RESOLVED, that the Council does hereby determine, in lieu of the
foregoing resolution, to substitute a motion to approve appropriation not
to exceed $2400 for the purchase of equipment and materials required for
the installation of air conditioning equipment for the Civil Service
Commission's meeting room, and the Commission's office-meeting room.
A roll call vote was taken on the motion to substitute as follows:
AYES: Ventura, Nash and McCann.
NAYS: Brown and Bishop.
The President declared the resolution to substitute adopted.
=•5745
By Councilman Ventura, seconded by Councilman Nash, it was
tor #614-76 RESOLVED, that having considered a communication from the
Personnel Director dated June 21, 1976, approved by the Finance Director
and approved for submission by the Mayor, which transmits a resolution
adopted by the Civil Service Commission on June 10, 1976 which requests
that the Civil Service Commission meeting room, and the Commission's
office-meeting room be provided with air conditioning, and having also
considered a communication from the Director of Public Works dated July 9,
1976, approved for submission by the Mayor, which provides a breakdown of
costs required to air condition meeting rooms and other city offices at the
Pierson School Center, the Council does hereby determine to appropriate a
sum not to exceed $2400 from the Unexpended Fund Balance Account to be
expended for the purchase of the equipment and materials required for the
installation of air conditioning equipment for the Civil Service Commis-
sion's office-meeting room, the labor and installation of same to be
provided by the Operations Division; and the City Clerk and the City
Treasurer are hereby requested to do all things necessary or incidental to
the full performance of this resolution.
A roll call vote was taken on the substitute resolution with the following result.
AYES: Brown, Ventura, Bishop, Nash and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Bishop, and unanimously adopt'd,
it was
#615-76 RESOLVED, that having considered a communication from the City
Planning Commission dated June 28, 1976 which sets forth its resolution
#6-107-76 with regard to a request dated June 19, 1976 from Arthur H
Kickland requesting a 6-month extension of the conditions required in
connection with the approval of Petition #75-5-2-12 relative to a waiver
use approval to operate an auto repair business within an existing building
located on the south side of Eight Mile Road, between Merriman Road and
Milburn, in the Northwest 1/4 of Section 2, the Council does hereby
determine to concur in the recommendation of the City Planning Commission
and to grant an extension for a 4-month period only.
By Councilman Bishop, seconded by Councilman Brown, and unanimously
adopted, it was
#616-76 RESOLVED, that having considered a communication from the City
Planning Commission dated June 25, 1976 which transmits its resolution
#6-88-76 wherein the Commission did amend Part V of the Master Plan of the
City of Livonia, entitled "The Master School and Park Plan," so as to delete
certain property located on the south side of St. Martins Avenue immediately
east of McNamara Towers I and II, in the Southeast 1/4 of Section 2, the
Council does hereby determine to acknowledge and certify the receipt of
same.
*Councilman Raymond entered the meeting at 8:42 P M
15746
Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, i:Yw
#617-76 RESOLVED, that having considered a communication from Mr.
Raymond. A. Monte, 15344 Deering Avenue, Livonia, Michigan 48154, dated
July 2, 1976, which submits a claim for certain damages incurred on or
about June 27, 1976 as a result of sewer backup causing a flooded basement,
the Council does hereby determine to refer the same to the Director of
Finance for the purpose of forwarding this claim to the City's insurance
carrier for disposition.
By Councilman Brown, seconded by Councilman Nash, and unanimously
adopted, it was
#618-76 RESOLVED, that having considered a communication from the Traffic
Commission dated June 21, 1976, approved for submission by the Mayor and
submitted pursuant to council resolution #500-76, regarding a parking
problem in the immediate area of the Ever Seven Bingo Club, the Council
does hereby request that the Traffic Commission in November 1976 conduct a
new survey of this area and thereafter submit its report and recommendation.
By Councilman Brown, seconded by Councilman Nash, and unanimously
adopted, it was
#619-76 RESOLVED, that having considered a communication from the Traffic
Commission dated June 21, 1976, approved for submission by the Mayor and
submitted pursuant to council resolution #500-76, regarding a parking
problem in the immediate area of the Ever Seven Bingo Club, the Council
does hereby request that the Ever Seven Bingo Club submit a copy of the
lease they have recently executed in order to provide additional parking
for their patrons, together with a sketch or diagram of the manner in which
this property will be utilized.
By Councilman Bishop, seconded by Councilman Ventura, it was
#620-76 RESOLVED, that having considered a communication from the
Superintendent of Parks and Recreation dated June 22, 1976, approved by
the Finance Director and approved for submission by the Mayor, wherein it
is recommended that a traffic control signal device be located at the
entrance to the Bicentennial Park on Seven Mile Road near Wayne, the
Council does hereby concur in this request due to the necessity for such a
light created by traffic in this area, and does hereby notify the Board
of Wayne County Road Commissioners of its desire for a traffic signal
control device at this location, and the Council does further request that
the Board of Wayne County Road Commissioners investigate the necessity for
such installation and to thereafter submit its findings to Council together
with an estimate of the total cost of the proposed installation and the
share of same which would be assumed by the City of Livonia, and the City
Clerk is hereby requested to transmit two certified copies of this resolu-
tion to the Board of Wayne County Road Commissioners, 415 Clifford Street,
Detroit, Michigan 48226, to the attention of Russell E. Harrison, Engineer
of Traffic and. Safety, and to do all other things necessary or incidental
to the full performance of this resolution.
15747
L A roll call vote was taken on the foregoing resolution with the following result.
AYES: Brown, Raymond, Ventura, Bishop, Nash and. McCann.
NAYS: None.
By Councilman Bishop, seconded by Councilman Ventura, and unanimously
r.dopted it was,
#621-76 RESOLVED, that having considered a communication from the
Superintendent of Parks and. Recreation dated June 22, 1976, approved by
the Finance Director and approved for submission by the Mayor, wherein it
is recommended that a traffic control signal device be located at the
entrance to the Bicentennial Park on Seven Mile Road near Wayne, the
Council does hereby request that the Traffic Commission submit its report
and recommendation.
By Councilman Bishop, seconded by Councilman Ventura, it was
RESOLVED, that having considered a communication from the
Superintendent of Parks and Recreation dated June 22, 1976 approved by the
Finance Director and approved for submission by the Mayor, wherein it is
recommended that a traffic control signal device be located at the
entrance to the Bicentennial Park on Seven Mile Road near Wayne, the Council
L does hereby request that the City Planning Commission, Parks & Recreation,
and, the Traffic Commission submit their respective reports and recommenda-
tions relative to the possible relocation of the entrance to the
Bicentennial Park.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Raymond, Bishop and Nash
NAYS: Brown, Ventura and McCann.
The President declared the resolution DENIED.
The following resolution was unanimously introduced, supported and adopted:
#622-76 RESOLVED, that having considered a letter from the Devon-Aire
Woods Civic Association dated June 25, 1976, requesting permission to
conduct its annual corn roast on August 14-15, 1976 from 8:00 P. M. to
1:00 A. M. at the Devon-Aire Woods Park, the Council does hereby determine
to grant permission as requested, the action taken herein being subject to
the approval of the Chief of Police and the Mayor.
By Councilman Raymond, seconded by Councilman Brown, and unanimously
L adopted, it was
#623-76 RESOLVED, that having considered a communication from the City
Engineer dated June 25, 1976, approved by the Director of Public Works
and approved for submission by the Mayor, with regard to a proposed improve-
ment of a branch of the Bell Drain across the Idyl Wyld. Golf Course
15748
(proposed Livonia Drain No. 50), the Council does hereby determine to
refer the same to the Capital Improvement Committee for its report and
recommendation.
By Councilman Bishop, seconded by Councilman Raymond, and unanimously
adopted, it was
#624-76 RESOLVED, that having considered a communication from the
Department of Law dated June 29, 1976, submitted pursuant to council
resolution #316-76, which submits a proposed amendment to the Senior
Citizens Nonprofit Housing Tax Exemption Ordinance, the Council does
hereby refer the same to the Legislative Committee for its report and
recommendation.
By Councilman Bishop, seconded by Councilman Brown, and unanimously
adopted, it was
#625-76 RESOLVED, that the Council does hereby request that the City's
Communications Consultant submit his report and recommendation, including
costs involved, for the replacement of the present sound effects system in
the City Hall, and/or the improvement of same to the extent necessary, by
providing additional speakers, microphones, and such other items as may be
necessary and required in order to provide an acoustically reliable and
acceptable sound system.
By Councilman Raymond, seconded by Councilman Nash, and unanimously
adopted, it was
#626-76 RESOLVED, that having considered Petition #76-7-3-6 submitted by
Wood and Wood, attorneys, dated July 8, 1976, wherein a request is made for
the vacating of an easement for public utilities over the east 12 feet of
the west 156 feet of Lots 7, 8 and 9, Schoolcraft Acres Subdivision, City
of Livonia, Wayne County, Michigan, the Council does hereby determine to
refer the same to the City Planning Commission for action and recommendation
in accordance with provisions of law and city ordinance.
By Councilman Bishop, seconded by Councilman Nash, it was
#627-76 RESOLVED, That National Bank of Detroit, Detroit, Michigan, be and
is hereby appointed Paying Agent, Registrar and Transfer Agent, for
$650,000 City of Livonia, Wayne County, Michigan, 1975 Special Assessment
Bonds, dated November 1, 1975, as more fully described on attached
Exhibit A
BE IT FURTHER RESOLVED, That National Bank of Detroit shall be
paid, as compensation for its services, fees on the following basis:
Account Maintenance Fee - to be billed semiannually
$50 00 per annum
For Paent of Interest Coupons
0 14 per coupon.
15749
For Payment of Coupon Bonds
At Maturity or on Redemption Prior to Maturity
When All Outstanding Bonds are to be Redeemed
$1.50 per bond.
On Redemption Prior to Maturity When Less Than
All Outstanding Bonds are to be Redeemed
$1.75 per bond.
For Services as Registrar and Transfer Agent
$0.50 per bond for first 100 bonds; $0.40 per bond for next 150 bonds,
$0.35 per bond for next 150 bonds; $0.25 per bond for all bonds in
excess of 400 - Based on cumulative total of bonds registered, trans-
ferred, or released from registration in each year.
Plus Out-Of-Pocket Expenses, (e.g. , postage, registered mail, surcharge, etc
BE IT FURTHER RESOLVED, That all statements of account and, unless
cremation has been authorized by separate Agreement, all cancelled obli-
gations shall be forwarded by the Paying Agent to:
City of Livonia
33001 Five Mile Road
Livonia, Michigan 48154
Attention:
Telephone:
A roll call vote was taken on the foregoing resolution with the following result
AYES: Brown, Raymond, Ventura, Bishop, Nash and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Brown, and unanimously
adopted, it was
4628-76 RESOLVED, that having considered a communication from the City
Clerk which transmits certified financial statements for the various funds
of the City of Livonia for the fiscal year ending November 30, 1975, the
Livonia Pension Retirement System for the fiscal year ending November 30,
1975, and the Water and Sewer Division for the fiscal year ending February
29, 1976, as examined and prepared by the firm of Coopers & Lybrand,
certified public accountants, including a copy of the Public Accountants'
Management Report of Comments and Recommendations to their audit, the
Council does hereby determine to refer the same to the Committee of the
Whole for further consideration.
By Councilman Ventura, seconded by Councilman Nash, it was
#629-76 RESOLVED, that having considered the letter from the Michigan
Liquor Control Commission dated July 8, 1976, the Council does hereby
approve of the request of Southland Corporation to add John and Anna
15750
Schultz as Co-Licensees on 1976-1977 SDM Licensed. Business located at
8998 Middlebelt, Livonia, Michigan; and the City Clerk is hereby requestPd
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: Brown, Raymond, Ventura, Nash and. McCann.
NAYS: Bishop.
The President declared the resolution adopted.
Councilman Ventura gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND
(Petition No. 76-1-3-1)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
By Councilman Brown, seconded by Councilman Bishop, it was
RESOLVED, that having considered a communication from the
Department of Law dated July 8, 1976 and which submits an Ordinance pursuant
to CR 533-76 with respect to Petition No. 76-1-3-1 for the vacating of an
easement located north of Schoolcraft Road, west of Farmington Road, in the
S.E 1/4 of Section 21, and which Ordinance did receive its first reading
at the regular meeting held July 21, 1976, the Council does hereby deter-
mine to refer the same to the next Study Session for consideration.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Brown, Bishop and McCann.
NAYS. Raymond, Ventura, and Nash.
The President declared the resolution DENIED.
Councilman Bishop gave first reading to the following Ordinance.
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND.
(Petition No. 76-4-3-2)
15751
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in tile
Loffice of the City Clerk and is the same as if word for word repeated herein.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
Councilman Ventura gave first reading to the following Ordinance:
AN ORDINANCE AMENDING CHAPTER 9
(PARKS AND PLAYGROUNDS) OF TITLE 5
OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED, BY ADDING PARAGRAPH
(nn) TO SECTION 5-901 THEREOF.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The foregoing Ordinance was placed on the table for consideration at the next
regular meeting of the Council.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#630-76 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in Council Resolution #337-56, so as to permit
consideration of several items that do not appear on the agenda.
The following resolution was unanimously introduced, supported and adoptod:
#631-76 RESOLVED, that having considered a letter dated July 15, 1976
from Robert L. Morris, 17632 Edgewood, Livonia, Michigan 48152, requesting
permission to hold the third annual Edgewood/Bennett Block Party in the
Nottingham West Subdivision on Saturday, August 14, 1976 from 3:00 P. M.
to 10:00 P. M., between 17522 and 17670 Edgewood, north of Six Mile Road
and east of Wayne Road, the Council does hereby determine to grant permis-
sion as requested, the action taken herein being made subject to approval
of the Police Department.
By Councilman Ventura, seconded by Councilman Bishop, and unanimously
adopted, it was
#632-76 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 (MSA 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, September
27, 1976 at 8:30 P. M. at the Livonia City Hall, 33001 Five Mile Road,
Livonia, Michigan, with respect to the following item:
15752
Petition #76-4-1-15 submitted by Greenfield Construction
Company for a change of zoning of property located on the
south side of Six Mile Road, west of Newburgh Road, in
the Northeast 1/4 of Section 18, from R-9-1 to R-3-B, the
City Planning Commission having in its resolution #7-111-76
recommended to the City Council that Petition #76-4-1-15
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 amendment to the Zoning Ordinance; and
(b) location of the proposed change of zoning
as set forth above, first to be published in the official newspaper of the
City or a newspaper of general circulation in the City of Livonia as well
as to, not less than fifteen (15) days prior to said public hearing, cause
to have notice to be given by registered mail to each public utility
company and, to each railroad company owning or operating any public
utility or railroad within the districts or zones affected; and further,
the City Clerk is requested to do all other things necessary or incidental
to the full, performance of this resolution.
By Councilman Brown, seconded by Councilman Ventura, it was
#633-76 RESOLVED, that Practical Home Builders, Inc. & Boulevard
Associates, 21790 Coolidge Highway, Oak Park, Michigan 48237, as
proprietors, having requested the City Council to approve the proposed
preliminary plat of the following subdivision: Stoneleigh Village
Subdivision, located in the S. W. 1/4 of Section 21, City of Livonia, the
said proposed preliminary plat being dated March 26, 1976; and it further
appearing that tentative approval of such preliminary plat was given by
the City Planning Commission, after due notice and a public hearing on
May 4, 1976; and it further appearing that such preliminary plat, togethe7
with development plans and specifications for improvements therein have
been examined and approved by the Department of Public Works as is set
forth in the report of that department dated July 12, 1976, therefore, the
City Council does hereby approve of the said preliminary plat on the
following conditions:
(1) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the provisions
of the ordinances of the City of Livonia, including the Subdivision Control
Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordinances, as
amended, the Subdivision Regulations of the Planning Commission; the
regulations and specifications of the Department of Public Works and the
Development Plans submitted by the proprietor and approved by such depart-
ment, all such improvements to be constructed, installed, accomplished and
completed within a period of two (2) years from the effective date of this
resolution, failing this, the approval contained herein shall be considered
null, void and of no effect whatsoever;
15753
(2) That all inspection fees and other charges due to the City
of Livonia shall be fully paid at the time and in the manner provided in
the said Subdivision Control Ordinance, as amended;
(3) That the installation of all such improvements shall be
subject at all times to the supervision and inspection and final approval
of the Department of Public Works, and such improvements shall not be
considered as having been satisfactorily and completely installed until
there is filed with the City Council the certificate as provided in
Section 9-122 of the said Subdivision Control Ordinance, as amended;
(4) That the proprietor enter into an agreement with the City
of Livonia agreeing to construct, within the prescribed period of time and
in the prescribed manner, all improvements required to the extent required
by the City of Livonia and as shown on the approved development plans,
(5) Cash Payments to be made to the City:
A. Trees $ 3,940.00
B. Street Name Signs 900.00
C Traffic Control Signs 700 CO
D. Street Light Notification Signs 75.00
E. Engineering Services (General Improvement &
Sidewalks)
1. Plan Review & Administration (1-1/2%) $9,657.23
2. Field Inspection (3-1/2%) 22,533.52
Imo
32,190.75
F. Engineering Services (Grading and Soil
Erosion Control)
1. Plan Review 110 00
2. Permit and Inspection 550.00
660.00
Total Cash Payments $ 38,465.75
(6) That the final true record plat of the aforesaid subdivisiox
shall be submitted and must receive the final approval of the City Plannin,
Commission as evidence that such plat is in compliance with existing
Subdivision Regulations,
(7) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City Council within
two (2) years from the effective date of this resolution. the City Council
shall approve final plats of the aforesaid proposed subdivision if drawn ir,
substantial conformity with the proposed plat as approved herein, and
provided there has been compliance with all other requirements of State
Statute, the Subdivision Control Act, the Subdivision Control Ordinance and
this resolution,
(8) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements the proprietor may
file with the City of Livonia a corporate surety bond, certified check,
cash bond, irrevocable letter of credit, or other financial assurance in
such form as shall be approved by the Department of Law guaranteeing the
satisfactory installation of all such improvements, utilities and grading
15754
by the proprietor within the prescribed period; that in the event the
proprietor elects to deposit such financial assurances the same shall be
in the following amounts•
General Improvement Bond - $651,000.00 of which at least
10,000.00 shall be in cash.
Sidewalk Bond - 57,500.00 of which at least
5,750.00 shall be in cash.
Grading and Soil Erosion Bond - $9,000.00 of which at least
1,800 00 shall be in cash.
Monuments and Lot Markers - 4,640.00 cash
Development of Greenbelt Easement and
Entrance Markers 19,000.00 of which at least
1,000.00 shall be in cash.
(9) Paragraph (c) in Section 9-116 is waived and modified so as
to omit required fencing for walkways in the Waverly and Pinehurst Court
areas, and in the front yard areas only between lots 21 and 22, and
between lots 30 and 31. In addition, telephone and electrical lines shall
be installed underground in accordance with City requirements and
ornamental street lights are to be provided throughout the subdivision.
A roll call vote was taken on the foregoing resolution with the following result•
AYES• Brown, Raymond, Ventura, Bishop, Nash and McCann.
NAYS: None.
*Councilman Nash was excused at 9:12 P M.
By Councilman Brown, seconded by Councilman Raymond, it was
#634-76 RESOLVED, that having considered the report and recommendation of
the City Engineer dated July 19, 1976, approved by the Director of Public
Works and approved for submission by the Mayor, the Council does hereby
amend item no. 8 of Council Resolution No. 482-74, adopted on June 19, 1974
as amended by council resolution #765-74, adopted on October 9, 1974, and
council resolution #154-76, adopted on February 18, 1976, so as to further
reduce the financial assurances now on deposit with the City for general
improvements in Madonna Estates Subdivision No. 3, (formerly St. Mary
Estates Subdivision No. 2) , located in the southeast 1/4 of Section 20,
City of Livonia, to $3,000 of which at least $1,000 shall be in cash to
cover the cost of remaining improvements in said subdivision; and further,
the Council does hereby reduce the Sidewalk Bond to $2400 Cash to insure
the installation of remaining sidewalks, and the financial assurances now
on deposit with the City with respect to the foregoing shall be reduced
accordingly; 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.
A roll call vote was taken on the foregoing resolution with the following result•
15755
AYES: Brown, Raymond, Ventura, Bishop and McCann.
NAYS: None.
*Councilman Nash returned at 9:14 P. M.
By Councilman Raymond, seconded by Councilman Ventura, and unanimously
e icpted, it was
#635-76 WHEREAS, pursuant to the direction of the City Council in its
resolution No. 231-76, adopted on March 24, 1976, and in accordance with
Section 2-511 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 July 21, 1976 an assessment roll dated July 21, 1976
for the improvement consisting of installing concrete curbs and gutters and
a new 1-1/2" asphalt surface course on front streets (St Francis, Antago,
and Rensellor Boulevards) and constructing deep-strength asphalt pavements
with concrete curbs and gutters on the side streets (St. Martins, Vassar
and Bridge Avenues) in the Botsford Park Subdivision in the S. E. 1/4 of
Section 1 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. 231-76.
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 the notice 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 August 23, 1976 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 23, 1976; 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.
On motion of Councilman Brown, seconded by Councilman Bishop, and
unanimously adopted, this 839th Regular Meeting of the Council of the City of Livonia
was duly adjourned at 9:15 P. M. , July 21, 1976.
7
,
ADDiSON W. C .