HomeMy WebLinkAboutCOUNCIL MINUTES 1972-12-20 13426
MINUTES OF THE SEVEN HUNDRED FIFTIETH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On December 20, 1972, the above meeting was held at the City Hall, 33001
Five Mile Road, Livonia, Michigan, and was called to order by the President of the
Council at approximately 8:10 P. M.. Councilman McCann delivered the invocation. Roll
was called with the following result: Present--Robert F. Nash, Jerry H. Brown,
Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and *Robert D.
Bennett. Absent--None.
Elected and appointed officials present: Edward H. McNamara, Mayor;
Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert Osborn,
Director of Public Works; G. E. Siemert, City Engineer; John Nagy, City Planner;
John Bunk, Acting Fire Chief; Dan Andrew, Planning Commission; and Michael Reiser
of the Water and Sewer Board.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#1129-72 RESOLVED, that the minutes of the 749th regular meeting of the
Council of the City of Livonia, held December 13, 1972, are hereby
approved.
The following resolution was unanimously introduced, supported and adopted:
#1130-72 WHEREAS, November 19, 1972, marked the 75th anniversary of the
birth of Wilson W. "Eddie" Edgar; and
WHEREAS, he has done much to promote the cause of sports through-
out this State both as a distinguished sports writer and able executive;
and
WHEREAS, he was one of the prime movers in the growth and
development of St. Mary Hospital; and
WHEREAS, he has made notable contributions to this community as
a member of the Charter Commission of the City of Livonia and thereafter as
Vice-President of the first City Council,
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Council of
the City of Livonia do hereby take this means to salute and congratulate
W. W. Edgar, gentleman, historian, raconteur and do proclaim December 13,
1972, as EDDIE EDGAR DAY in the City of Livonia.
By Councilman McCann, seconded by Councilman Milligan, it was 13427
#1131-72 RESOLVED, that having considered a communication from the Budget
Director dated November 28, 1972, approved for submission by the Mayor,
which transmits bids received for the sale by the City of certain printing
equipment, the Council does hereby determine to reject all bids in that
the same are too low as well as for the additional reasons set forth in
the aforesaid communication.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman McCann, it was
#1132-72 RESOLVED, that having considered a communication from the Budget
Director dated November 28, 1972, approved for submission by the Mayor,
with regard to the City's participation in the shared costs for the
operation of the Livonia Community Youth Employment office, the Council
does hereby determine to encumber as of and effective on November 30, 1972,
the unexpended balance of $3,001.00 previously budgeted for this purpose.
A roll cAll vote was taken on the foregoing resolution with the following result:
AYES: McCann, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Brown, it was
#1133-72 RESOLVED, that having considered a communication from the Water
and Sewer Board dated November 13, 1972, approved for 6ubmission by the
Mayor, which transmits its resolution No. WS 1748 10/72 to which is
attached a communication dated October 16, 1972 from. the Water and Sewer
Division of the City of Westland, wherein it is requested that the City of
Livonia discontinue providing water and sewer service to premises located
at the following addresses:
28949, 28955, 28957, 28959, 28975 and 2$985 Jpy Road,
Westland, Michigan,
The Council does hereby concur in the recommendation of the Water and
Sewer Board and approves the discontinuation of the aforesaid Water and
Sewer Service in the manner indicated..
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
13428
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#1134-72 RESOLVED, that having considered a communication dated December
5, 1972 from the Page & Cox Egg Company, the Council does hereby determine
to reconsider the action taken in Council Resolution No. 1047-72, adopted
on November 29, 1972, in connection with Petition 72-8-2-24.
By Councilman Brown, seconded by Councilman Ventura, and unanimously
adopted, it was
#1135-72 RESOLVED, that having considered a communication dated October
27, 1972 from the City Planning Commission, which transmits its resolution
No. 10-260-72 adopted by the Commission on October 17, 1972 with regard to
Petition No. 72-8-2-24 submitted by Page and Cox requesting permission to
construct a recreational vehicle sales and service center as a waiver use
on property zoned C-2, located on the south side of Plymouth Road between
Yale and Levan in the Northeast 1/4 of Section 32, the Council does hereby
determine to refer this matter back to the City Planning Commission for
further review and study and thereafter a new report and recommendation.
*Councilman Bennett arrived at 8:23 p. m.
By Councilman Brown, seconded by Councilman Bennett, it was
#1136-72 RESOLVED, that having considered a communication from the City
Planning Commission dated November 16, 1972 which transmits its resolution
No. 10-282-72 submitted pursuant to Council resolution No. 782-72 concern-
ing an offer to sell to the City by Mr. John Gallombardo of Lot No. 234
of Rosedale Gardens Subdivision No. 1, the Council does hereby determine
to refer this matter to the Department of Law for the purpose of entering
into negotiations with the aforesaid owner of the subject property and,
thereafter, to submit its report and recommendation in this regard.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Ventura, seconded by Councilman Bennett, and unanimously
adopted, it was
#1137-72 RESOLVED, that the Council having adopted resolution No. 776-72
at its regular meeting held on August 30, 1972 requiring the City Engineer
to ascertain the assessed valuation of all property affected by the
proposed improvement of Perth Avenue in Section 19, 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 num-
ber of parcels which are vacant, and having prepared and caused to be
13429
prepared, plans and specifications therefor and an estimate for the cost
thereof, and to file the same with the City Clerk together with his recom-
mendation as to what proportion of the cost should be paid by special
assessment and what part, if any, should be a general obligation of the
City, the number of installments in which assessments may be paid and the
lands which should be included in the proposed special assessment district,
and it appearing to the Council that all of such information, estimate,
plans and specifications and recommendations have been properly filed by
the City Engineer with the City Clerk under date of November 27, 1972
and that there has been a full compliance with all of the provisions of
Section 2-506 of the Livonia Code of Ordinances, as amended, the Council
does hereby set Monday, February 19, 1973 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 McCann, seconded by Councilman Milligan,and unanimously
adopted, it was
#1138-72 RESOLVED, that having considered a communication dated November
22, 1972 from the City Planning Commission, which transmits its resolution
No. 11-296-72 adopted by the Commission on November 14, 1972 with regard to
Petition No. 72-10-2-33 submitted by Edwin E. Meier for St. Aidan Church
requesting permission to remodel present church sanctuary and add four
meeting rooms and toilets to the building as a waiver use on property
zoned R-3-C, located on the east side of Farmington Road, north of Six Mile
Road in the Southwest 1/4 of Section 10, the Council does hereby concur
in the recommendation made by the City Planning Commission and Petition No.
72-10-2-33 is hereby approved and granted, such action to be based upon the
same conditions as are set forth in the aforesaid recommendation of the
Planning Commission.
By Councilman Ventura, seconded by Councilman Raymond, and unanimously
adopted, it was
#1139-72 RESOLVED, that the Council having adopted resolution No. 858-72
at its regular meeting held on September 27, 1972 requiring the City
Engineer to ascertain the assessed valuation of all property affected by
the proposed sanitary sewer extension on Henry Ruff Avenue between School-
craft Road and Lyndon Avenue in Section 23, 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 recom-
mendation as to what proportion of the cost should be paid by special
assessment and what part, if any, should be a general obligation of the
City, the number of installments in which assessments may be paid and the
13430
lands which should be included in the proposed special assessment district,
and it appearing to the Council that all of such information, estimate,
plans and specifications and recommendations have been properly filed by
the City Engineer with the City Clerk under date of November 20, 1972 and
that there has been a full compliance with all of the provisions of Section
2-506 of the Livonia Code of Ordinances, as amended, the Council does here-
by set Monday, February 19, 1973 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 was excused at 8:26 p. m.
By Councilman Bennett, seconded by Councilman Ventura, it was
#1140-72 RESOLVED, that pursuant to a request dated December 5, 1972 from
Rev. Joseph F. Ferens, Pastor of the St. Collette Church, 17600 Newburgh
Road, the Council does authorize and request the City Clerk to make applica-
tion to the Detroit Edison Company, on forms provided by such company, for
the installation of a street light of suitable lumen strength to be
installed at the intersection cf Newburgh Road with the ingress driveway
to the aforesaid church Parking Lot in the City of Livonia, Michigan, it
being the determination of the Council that such intersection requires
lighting in order to protect the public safety of the residents of the
community.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Ventura, Raymond, Milligan and Nash.
NAYS: None.
*Councilman Brown returned at 8:27 p. m.
By Councilman McCann, seconded by Councilman Milligan, it was
#1141-72 RESOLVED, that the preliminary plat of the proposed Parkview
Estates Subdivision situated on the south side of Seven Mile Road, between
Wayne Road and Parklane Drive, in the Northeast 1/4 of Section 8, City of
Livonia, Wayne County, Michigan, having previously received the tentative
approval of the City Planning Commission on June 6, 1972, by its resolu-
tion No. 6-152-72, and having been approved in a report dated November 17,
1972 from the City Engineer, said report having appended thereon the
signatures of the Director of Public Works and the Mayor, indicating that
substantial compliance has been made with the conditions upon which the
preliminary plat was approved by the Council, and the City Planning Commis-
sion now having given final true plat approval on November 28, 1972 in its
resolution No. 11-331-72; and further, the Council having considered a
letter from the City Clerk dated December 11, 1972 pursuant to Section
9-126, Chapter 1 Title 9 of the Livonia Code of Ordinances, as amended,
13431
does hereby determine to grant its approval to the Final Plat of Parkview
Estates Subdivision located in the Northeast 1/4 of Section 8, City of
Livonia, Wayne County, Michigan, as submitted by I. C. Ager, Vice-President,
Ager Building Company, 20715 Thorthome, Southfield, Michigan 48075, as
proprietors, the proprietors thereof being required to do all things
necessary to obtain full compliance with the Subdivision Control Act of
Michigan of 1967, as amended, the ordinances of the City of Livonia, Mich-
igan, and further the City Clerk shall do all things necessary for the
full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman McCann, seconded by Councilman Brown, it was
#1142-72 WHEREAS, pursuant to due and proper notice published and mailed
to all property owners in Special Assessment District No. 122 more particu-
larly described in Council resolution No. 589-72 adopted on June 28, 1972,
as required by the provisions of the City Charter and Title 2, Chapter 5
of the Livonia Code of Ordinances, as amended, the City Council has duly
met and reviewed the special assessment levied on the special assessment
roll prepared by the City Assessor to cover the district in which street
lighting is to be installed, such roll having been prepared on the basis
of street lighting being installed on the Industrial Road from Levan to
Stark, Wayne Road and Glendale Avenue in Section 28, City of Livonia,
Wayne County, Michigan in said Special Assessment District No. 122;
NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby
determine that said street lights shall be installed with 22 ornamental
street lights with underground wiring and 22 lights installed on existing
wood poles and that the assessments set forth in said Special Assessment
District No. 122 Roll are fair and equitable and based upon benefits
derived in said district, in accordance with the plans of the City Engineer
and resolutions of the City Council, said Special Assessment Roll No. 122
based on installation of 22 ornamental street lights with underground
wiring and 22 lights installed on existing wood poles is hereby approved
and confirmed in all respects pursuant to the provisions of Section 2-513
of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse
the date of confirmation on the Assessment Roll, and the assessment roll
shall then be immediately transmitted to the City Treasurer who shall take
such further action as set forth in Title 2, Chapter 5 of the Livonia Code
of Ordinances, as amended, and the City Clerk is hereby authorized to
transmit the proper street lighting order to the Detroit Edison Company on
forms provided by them for this purpose.
A roll call vote was taken on the foregoing resolution with the following result
AYES. McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS None
By Councilman McCann, seconded by Councilman Brown, it was
13432
RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated October 3, 1972, approved by the Director of Public
Works and approved for submission by the Mayor pro tem, and in accordance
with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia
Code of Ordinances, as amended, containing a report with regard to the
proposed installation of ornamental street lighting with underground wiring
on the Industrial Road, Westmore Avenue, and Glendale Avenue in Section 27,
T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and a public
hearing having been held thereon on December 11, 1972 pursuant to Council
resolution No. 966-72, after due notice as required by Title 2, Chapter 5
of said Code, as amended, and after a careful consideration having been
given to 811 such matters including the various objections, comments and
observations of individuals in attendance at such public hearing, the
Council does hereby determine to proceed no further with the Special
Assessment proceeding heretofore commenced for the proposed improvement.
By Councilman Milligan, seconded by Councilman Ventura, it was
#1143-72 RESOLVED, that the City Engineer having filed with the City Clerk
a statement dated October 3, 1972, approved by the Director of Public Works
and approved for submission by the Mayor pro tem, and in accordance with
the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code
of Ordinances, as amended, containing a report with regard to the proposed
installation of ornamental street lighting with underground wiring on the
Industrial Road, Westmore Avenue and Glendale Avenue in Section 27, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, Michigan, and a public hearing
having been held thereon on December 11, 1972 pursuant to Council resolu-
tion No. 966-72, after due notice as required by Title 2 Chapter 5 of said
Code, as amended, and after a careful consideration having been given to
all such matters including the various objections, comments and observa-
tions of individuals in attendance at such public hearing, the Council does
hereby determine to table this matter pending receipt of further informa-
tion from the City Engineer relative to such requests from affected
property owners concerning this matter as may be on file with the City.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond and Milligan.
NAYS: Nash.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Brown, it was
#1144-72 RESOLVED, that the City Engineer having filed with the City Clerk
a statement dated October 2, 1972 on all matters required by Sections 2-506
and 2-514 of the Livonia Code of Ordinances, as amended, and a first public
hearing having been held thereon on December 11, 1972, after due notice as
required by Section 2-507 of said Code, and careful consideration having
been given to all such matters, the Council does hereby, pursuant to
Section 2-508 of said Code;
13433
1. accept and approve said statement in all respects;
2. determine to make the improvement consisting of the
installation of ornamental street lighting with
underground wiring in Nottingham Woods West Sub-
division No. 2 located in the S. E. 1/4 of Section 8
and the S. W. 1/4 of Section 9, City of Livonia, Wayne
County, Michigan, as described in said statement; and
defray the cost of such improvement by special assess-
ment upon the property especially benefited in proportion
to the benefits derived or to be derived;
3. approve the plans and specifications for the improve-
ment as set forth in said statement dated October 3,
1972;
4. determine that the cost of such improvement shall be
paid by special assessment upon the property especially
benefited;
5. determine that the assessment made for such improvement
shall be paid in annual installments, according to said
statement,
6. designate the assessment district, describing the land
and premises upon which special assessment shall be
levied as follows:
A special assessment district located in the S.E. i/4
of Section 8 and the S.W. 1/4 of Section 9, City of
Livonia, Wayne County, Michigan, more particularly
described as Lots 55 through 137 both inclusive or
proposed Nottingham Woods West Subdivision No. 2 and
Parcels 09D2a, 09D12e, 09D12d, 09D12c, 09D12b and
09D12a1.
7. direct the City Assessor to prepare a special assess-
ment roll in accordance with the Council's deter-
mination on said statement as prepared by the City
Engineer dated October 2, 1972 and;
8. that upon completion of said roll, the City Assessor
shall attach thereto the certificate required br the
provisions of Section 2-510 of the Livonia Code of
Ordinances, as amended, and file the same with the
City Clerk, who thereupon is directed to present the
same to the City Council prior to the holding of the
second public hearing thereon pursuant to Title 2
Chapter 5 of the Livonia Code of Ordinances.
A roll call vote was taken on the foregoing resolution with the following result
AYES: McCann, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: Bennett.
The President declared the resolution adopted.
13434
LBy Councilman McCann, seconded by Councilman Raymond, and unanimously
adopted, it was
41145-72 RESOLVED, that having considered a communication dated September
13, 1972 from the City Planning CommicEion which sets forth its resolution
No. 9-231-72 with regard to Petition No. 72-8-6-10 submitted by the City
Planning Commission on its motion to determine whether or not to amend
Ordinance No. 543, the Zoning Ordinance, Section 26.04 and Section 26.05
so as to clarify and increase the uses in an office district, and the
Council having conducted a public hearing with regard to this matter on
December 11, 1972 pursuant to Council resolution No. 969-72, the Council
does hereby determine to refer this amtter to the Legislative Committee
for its report and recommendation.
By Councilman Raymond, seconded by Councilman Milligan, it was
41146-72 RESOLVED, that having considered a communication from the Depart-
ment of Law, dated December 11, 1972, transmitting for acceptance a Grant
of Easement wherein an easement is granted to the City for the purpose of
installing a storm sewer along a portion of the Industrial Road, in connec-
tion with the grade separation on Middlebelt Road, which Grant of Easement
was executed on October 17, 1972 by the United States Steel and Carnegie
L Pension Fund, Inc., a Pennsylvania Corporation, by its vice president and
assistant secretary, and agreed to by The Kroger Company by its vice
president, granting:
That part of the N. E. 1/4 of Section 26, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan, which is described
as follows:
Beginning at a point on the West right-of-way line of
Middle Belt Road, as now established, distant N. 2°
00'00" W., 1292.15 feet and S. 88° 00' 00" w., 60.00
feet from the E. 1/4 corner of Section 26 and proceeding
thence S. 88° 00' 00" W., 157 feet, thence N. 2° 00' 00"
W., 25 feet; thence N. 88° 00' 00" E., 157 feet; thence
S. 2° 00' 00" E., 25 feet to the point of beginning.
the Council does hereby for and in behalf of the City of Livonia accept
the aforesaid Grant of Easement and the City Clerk is hereby requested to
have the same recorded with the Office of the Wayne County Register of
Deeds and to do all other things necessary or incidental to the full
performance of this resolution; further, the City Clerk is hereby requested
to forward the recording data to: O. R. Johnson, Real Estate Manager,
Detroit-Toledo Division, The Kroger Company, 12701 Middlebelt Road, Livonia,
Michigan 48150.
LA roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
13435
By Councilman Raymond, seconded by Councilman Milligan, it was
#1147-72 RESOLVED, that having considered a communication dated December7,
1972 from the Department of Law, transmitting for acceptance a Grant of
Easement executed on November 24, 1972 from John O'Brien and Rose O'Brien,
his wife, and by the Robinson Furniture Company by its chairman, Harvey
Leach, conveying to the City an easement for the purpose of installing
and maintaining a storm and sanitary sewer, which easement is more
particularly described as:
The West 30 feet of the East 50 feet of the following
described parcel of land:
Part of the Northeast 1/4 of Section 29, T. 1 S.,
R. 9 E., City of Livonia, Wayne County, Michigan,
described as: Beginning at a point on the North line
of the Livonia Industrial Road, said point being S. 1°
49' 08" E., 288' along the North & South 1/4 line of
Section 29 and N. 88° 08' 21" E., 60.0 ' and N. 70°
46' 24" E., 33.50' and N. 88° 08' 21" E., 649.46' and
N. 84° 46' 38" E., 285.34 and S. 1° 53' 52" E., 1082.83'
from the North 1/4 corner of Section 29; thence along said
North line N. 87° 28' 33" E., 300.02' and N. 84°33' 55"
E., 165.81' ; thence N. 10 55' 06" w., 214.17' ; thence S.
88° 04' 54" W., 465.42' , thence S. 1° 53' 52" E., 227.51'
to the point of beginning. (Part of Bureau of Taxation
Parcels 29D1a and 29Ala, Clal)
the Council does hereby for and in behalf of the City of Livonia accept
the aforesaid Grant of Easement and the City Clerk is hereby requested to
have the same recorded in the office of the Wayne County Register of Deeds
and to do all other things necessary or incidental to the full performance
of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
Councilman McCann gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 7-142
OF CHAPTER I (BUILDING CODES) OF
ARTICLE 2, TITLE 7 OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED, OF THE CITY
OF LIVONIA.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
13436
By Councilman Ventura, seconded by Councilman McCann, and unanimously
adopted, it was
#1148-72 RESOLVED, that having considered a letter submitted in behalf of
the proprietor of Parkview Estates Subdivision dated December 8, 1972 and
before determining to install street lighting in Parkview Estates Subdivi-
sion, in the City of Livonia, the cost of which is to be defrayed by
special assessment, the City Engineer is hereby requested to ascertain
the assessed valuation of all property affected by the proposed improve-
ment, the number of parcels which show tax delinquencies, the number of
parcels owned by public authorities, the number of parcels which are now
vacant, and to prepare and cause to be prepared, plans and specifications
therefor and an estimate of 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, pursuant to the provisions of Section
2-514 of the Livonia Code of Ordinances, as amended.
Councilman Bennett gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
(Petition 72-8-3-9)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman McCann gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
(Petition 72-8-3-8)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
Councilman Milligan gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
(Petition 72-8-3-10)
13437
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the
office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at the next regular
meeting of the Council.
By Councilman McCann, seconded by Councilman Raymond, it was
#1149-72 RESOLVED, that having considered a communication dated November 9,
1972 from the City Planning Commission which transmits its resolution No.
10-280-72 with regard to Petition No. 72-6-3-4 submitted by Rodney C.
Kropf, Attorney for Chester Koppy for vacating property located between
Clarita Avenue and Curtis Avenue, east of Loveland Avenue in the Northwest
1/4 of Section 10, City of Livonia, Wayne County, Michigan, the Council
does hereby grant the said Petition and Petition No. 72-6-3-4 is hereby
approved, subject, however, to a full width easement being retained on
Mayfield Avenue for underground storm sewer purposes; and the Department
of Law is hereby requested to prepare the necessary vacating ordinance in
accordance with this resolution.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: McCann, Brown, Raymond and Nash.
NAYS: Bennett, Ventura and Milligan.
The President declared the resolution adopted.
Councilman Raymond gave second reading to the following Ordinance:
AN ORDINANCE AMENDING CHAPTER 7
(RETIREMENT PLAN ORDINANCE) OF TITLE
2 OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED, BY ADDING SECTION 2-742
THERETO.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Bennett gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 32 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: PET.
72-4-1-22 FOR CHANGE OF ZONING FROM RUF
TO C-2.
13438
lbwA roll call vote was taken on the foregoing Ordinance with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Ventura gave second reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 32 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 ORDI-
NANCE," BY ADDING SECTION 3. THERETO.
RE: PETITION NO. 72-6-1-34 FOR CHANGE
OF ZONING FROM RUF TO P.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
1. NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
By Councilman Milligan, seconded by Councilman Raymond, and unanimously
adopted, it was
#1150-72 RESOLVED, that the Council does hereby suspend their rules for
procedure as outlined in Council Resolution #337-56, so as to permit
consideration of several items that do not appear on the agenda.
By Councilman Milligan, seconded by Councilman Raymond, and unanimously
adopted, it was
#1151-72 RESOLVED, that having considered the letter dated December 15,
1972 from Merri-Bowl Lanes, 30950 Five Mile Road, Livonia, Michigan 48154
requesting permission to serve alcoholic beverages in the concourse of
the aforementioned bowling establishment for New Years Eve 1972, from
8:00 p. m. Sunday, December 31, 1972 until 4:00 a. m. Monday, January 1,
1973, the Council does hereby determine that there having been a good
cause shown to suspend the restriction imposed in Section 4-401(g) of the
Livonia Code of Ordinances, as amended, to hereby grant permission and
authorization to Merri-Bowl Lanes for the purpose of serving alcoholic
beverages on the Concourse Area for one night only commencing at 8.00
p. m. Sunday, December 31, 1972 and ending at 4:00 a.m. Monday, January 1,
1973; further, similar approval is hereby given to all registered licensed
bowling establishments in the City of Livonia requesting same, subject to
the approval of same by the Chief of Police.
13439
By Councilman Milligan, seconded by Councilman Raymond, it was
#1152-72 WHEREAS, certain areas of the City of Livonia are subject to
periodic flooding and/or mudslides from the Upper River Rouge, Bell
Branch and Tarabusi Creek causing serious damages to residential properties
within these areas; and
WHEREAS, relief is available in the form of flood insurance as
authorized by the National Flood Insurance Act of 1968 as amended; and
WHEREAS, it is the intent of this Council to comply with land
use and management criteria regulations as required in said act; and
WHEREAS, it is also the intent of this Council to recognize and
duly evaluate flood and/or mudslide hazards in all official actions
relating to land use in the flood plain and/or mudslide areas having
special flood and/or mudslide hazards; and
WHEREAS, the Code Citations of any State enabling legislation
and of any resulting county, city, town or village ordinance that author-
izes this City to adopt land use and control measures are Act 208, Public
Acts of Michigan, 1949, as amended; Section 1 of Chapter II and Sections
11 and 20 of Chapter IV of the Charter of the City of Livonia,
NOW, THEREFORE, BE IT RESOLVED, that this Council hereby assures
the Federal Insurance Administration that it takes the following legisla-
tive action:
(1) Appoints the Chief City Enginer with the responsibility,
authority and means to:
(a) Delineate or assist the Administrator, at his request,
in delineating the limits of the areas having special flood
and/or mudslide hazards on available local maps of sufficient
scale to indentify the location of building sites.
(b) Provide such information as the Administrator may request
concerning present uses and occupancy of the flood plain and/
or mudslide area.
(c) Maintain for public inspection and furnishing upon re-
quest, with respect to each area having special flood hazards,
information on elevations (in relation to mean sea level) of
the lowest floors of all new or substantially improved
structures; and
(d) Cooperate with Federal, State and local agencies and
private firms which undertake to study, survey, map, and
identify flood plain or mudslide areas,and cooperate with
neighboring communities with respect to management of adjoin-
ing flood plain and/or mudslide areas in order to prevent
aggravation of existing hazards.
13440
Lip (e) Submit on the anniversary date of the community's
initial eligibility, an annual report to the Administrator
on the progress made during the past year within the com-
munity in the development and implementation of flood plain
and/or mudslide area management measures.
(2) Take such other official action as may be reasonable neces-
sary to carry out the objectives of the program.
BE IT FURTHER RESOLVED, that this Council hereby appoints the
Chief Engineer with the overall responsibility, authority and means to
implement all commitments made herein.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman McCann, it was
#1153-72 WHEREAS, the City of Livonia had adopted and is enforcing the
1970 BOCA Building Code and Zoning Ordinance No. 543 of the City of
Livonia, as amended; and
WHEREAS, Section 22.02 of Article XXII of the Zoning Ordinance
No. 543 and Section 113.0 of the 1970 BOCA Building Code adopted by the
City of Livonia prohibits any person, firm or corporation from erecting,
constructing, enlarging, altering, repairing, improving, moving or
demolishing any building or structure without first obtaining a separate
building permit for each building or structure from the Chief Building
Inspector; and
WHEREAS, the Chief Building Inspector must examine all plans
and specifications for the proposed construction when application is made
for a building permit; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Livonia as follows:
(1) That the Chief Building Inspector for the City of Livonia
when reviewing applications for building permits, including
the plans and specifications for the proposed construction,
will review all building permit applications to determine if
the proposed construction is consistent with the need to
minimize flood damage.
(2) That the Chief Building Inspector shall review all building
L permit applications to determine if the site of the proposed
construction is reasonably safe from flooding and to make recom-
mendations for construction in all locations which have flood
hazards.
(3) That the Chief Building Inspector in reviewing all applica-
tions for construction in flood hazard locations within the
City shall require that any such proposed construction must:
13441
a. Be designed and anchored to prevent the flotation,
collapse or lateral movement of the structure or portions
of the structure due to flooding.
b. Use of construction materials and utility equipment
that are resistant to flood damage.
c. Use of construction methods and practices that will
minimize flood damage.
d. Provide adequate drainage in order to reduce exposure
to flood hazards.
e. Locate public utilities and facilities on the site in
such a manner as to be elevated and constructed to minimize
or eliminate flood damage, such utilities and facilities
including sewer, gas, electrical and water systems.
4. It is further resolved that the Chief Building Inspector in
reviewing all subdivision applications shall make findings of
fact and determine if:
a. All such proposed developments are consistent with the
need to minimize flood damage.
b. Adequate drainage is provided so as to reduce exposure
to flood hazards.
c. Adequate drainage is provided so as not to increase the
exposure to flood hazards of adjacent lands.
d. All public utilities and facilities are located,
elevated and constructed so as to minimize or eliminate flood
damage, these utilities and facilities to include sewer gas,
electrical and water systems.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
The President declared the resolution adopted.
By Councilman Milligan, seconded by Councilman McCann, it was
13442
Imo
#1154-72 WHEREAS, it is necessary to locate, establish, construct and
enclose a County drain, said drain to be known as Livonia Drain No. 39 and
Branches, within the drainage district of an existing County Drain, known
as the Branch of Bell Drain, to be located entirely within the limits of
the City of Livonia, the location of said drain and branches being as
follows:
An enclosed extension beginning at the existing open drain,
approximately 160 feet north of the north line of Sunnydale
Avenue and approximately 120 feet east of the east line of Foch
Avenue; and proceeding thence southwesterly 170 feet to a
point along Foch Avenue being approximately 60 feet north of
Sunnydale; thence northerly along Foch Avenue and northeasterly
along Terrence Drive to a point of intersection with the extended
northwest property line of Lot 207, of Park Woods Subdivision,
of N. E. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan; thence southwesterly along the northwest
property line of said Lot 207, to a point on the east and west
1/4 line of Section 13; thence westerly along said east and west
1/4 line approximately 700 feet to a point on Oak Drive.
Branch No. 1
An enclosed branch starting at the proposed enclosed extension
crossing Terrence Drive north of said Lot 207; and proceeding
thence northwesterly along Terrence Drive approximately 350 feet.
Branch No. 2
Also an enclosed branch starting at the proposed enclosed
extension at the north .end of Oak Drive; and proceeding thence
southerly along said Oak Drive approximately 1,280 feet.
Branch No, 3
Also an exclosed branch starting at the proposed enclosed
extension at the north end of Deering Road; and proceeding thenL.e
southerly along said Deering Road approximately 580 feet to point
A; thence westerly approximately 270 feet from said point A,
also southerly along said Deering Road approximately 1,060 feet
from said point A to point B; thence westerly approximately 270
feet from said point B; also southerly along said Deering Road
approximately 700 feet from said point B, thence westerly approxi-
mately 580 feet to Oak Drive.
Branch No. 4
Also an enclosed branch starting at the proposed enclosed exten-
sion along Foch Avenue being approximately 60 feet north of
Sunnydale Avenue; proceeding thence southerly along said Foch
Avenue approximately 1,270 feet.
Branch No. 5
Also an enclosed branch starting at the proposed enclosed branch
crossing Sunnydale Avenue and Foch Avenue intersection, proceeding
thence easterly along said Sunnydale Avenue to Green Lane Avenue;
thence southerly along said Green Lane Avenue approximately 900
feet.
13443
law Branch No. 6
Also an enclosed branch starting at the existing storm drain
being approximately 320 feet north of the south line of Section
13; and approximately 190 feet west of the east line of Section
13; proceeding thence westerly approximately 240 feet to Green
Lane Avenue; thence northerly approximately 130 feet along said
Green Lane Avenue.
AND WHEREAS, in the opinion of the City Council, the location,
establishing, constructing and enclosing of said drain and branches is
necessary for the public health of the City of Livonia, and the entire cost
thereof, except that part representing benefits to State and County high-
ways, should be assessed against the City of Livonia for public health;
AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956,
as amended, (the Drain Code of 1956) provides a feasible method of financ-
ing the cost of said drain and branches where the same is necessary for
the public health of the City and where the entire cost of the same is to
be assessed wholly against public corporations, as defined in said Chapter
20;
AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan,
1965, as amended, provides as follows:
"Sec. 486. The terms of this chapter shall be applicable to any
county drain located, or proposed to be located entirely within
the limits of a single city, village or township, if such public
corporation shall consent thereto by resolution adopted by its
governing body. In such case any petition required to be filed
hereunder shall be sufficient if signed by such public corpora-
tion only".
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council, for and on behalf of the City of Livonia,
does hereby consent, to the making of the provisions of Chapter 20 of
Act 40, Public Acts of Michigan, 1956, as amended, applicable to the
location, establishing, constructing and enclosing of the drain and
branches set forth in the preamble hereof, and does hereby consent to the
location, establishing, constructing and enclosing of the same pursuant to
said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended.
2. The proposed drain and branches set forth in the preamble
hereof being necessary for the public health of the City of Livonia, the
Mayor and the City Clerk are hereby authorized and directed to sign, for
and on behalf of the City of Livonia, a petition praying for the location,
establishing, constructing and enclosing of the same, as set forth in the
preamble hereof, pursuant to Chapter 20 of Act 40, public Acts of Michigan,
1956, as amended, which said petition, when signed, shall be filed with
the County Drain Commissioner of the County of Wayne, Michigan, together
with a certified copy of this resolution.
13444
A roll call vote was taken on the foregoing resolution with the following result:
16*
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman Raymond, and unanimously
adopted, it was
#1155-72 RESOLVED, that the Council having considered a report dated
December 18, 1972, from the City Engineer recommending the permanent
improvement of Deering Avenue from Five Mile Road to Puritan Avenue in
the S. E. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne
County, Michigan, said report giving the assessed valuation of all property
affected by the proposed improvement, the number of parcels which show
tax delinquencies, the number of parcels owned by public authorities, the
number of parcels which are vacant, preliminary plans and specifications of
the proposed improvement and an estimate for the cost thereof, a recom-
mendation as to what portion of the cost should be paid by special assess-
ment and what portion, if any, should be a general obligation of the City,
the number of installments in which assessments may be paid and the lands
which should be included in the proposed special assessment district, and
it appearing to the Council that all of such information, estimate, plans
and specifications and recommendations have been properly filed by the
City Engineer with the City Clerk and that there has been a full compliance
with all of the provisions of Section 2-5C6 of the Livonia Code of Ordi-
nances, as amended, the Council does hereby set Monday, February 5, 1973
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 Milligan, seconded by Councilman Raymond, and unanimously
adopted, it was
#1156-72 RESOLVED, that the Council having considered a report dated
December 19, 1972 from the City Engineer recommending the permanent
improvement of Deering Avenue from North of Vassar Avenue to Pembroke
Avenue in the S. E. 1/4 of Section 1, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan, said report giving the assessed valuation of all
property affected by the proposed improvement, the number of parcels which
show tax delinquencies, the number of parcels owned by public authorities,
the number of parcels which are vacant, a preliminary plan and specifica-
tion of the proposed improvement and an estimate for the cost thereof, a
recommendation as to what portion of the cost should be paid by special
assessment and what portion, if any, should be a general obligation of the
City, the number of installments in which assessments may be paid and the
13445
lands which should be included in the proposed special assessment district,
and it appearing to the Council that all of such information, estimate,
plan and specification and recommendations have been properly filed by the
City Engineer with the City Clerk and that there has been a full compliance
with all of the provisions of Section 2-506 of the Livonia Code of Ordi-
nances, as amended, the Council does hereby set Monday, February 5, 1973
at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY
for such proposed improvement, which Public Hearing shall be held before
the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan,
pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended,
and the City Clerk is hereby authorized to give notice and publication of
such hearing as is required by Section 2-507 of said Code.
By Councilman Ventura, seconded by Councilman Milligan, it was
#1157-72 RESOLVED, that having considered a communication from the City
Engineer dated December 13, 1972, approved by the Director of Public Works
and approved for submission by the Mayor, with regard to the widening of
Middlebelt Road to seven (7) lanes, south of Schoolcraft Road to the north
limits of the proposed C & 0 grade separation project, and the agreement
authorizing the said Middlebelt Road widening, previously authorized in
council resolution #623-72 adopted on July 12, 1972, the Council does
hereby determine to amend and revise Council Resolution No. 623-72 so as
to authorize an advance in the amount of $82,800.00 to cover the cost
of the City's estimated share in this project in lieu of the amount of
$72,000.00 previously authorized, the same to be expended in the manner
hereinbefore provided in Council Resolution No. 623-72; and the City Clerk
and the City Treasurer are hereby authorized to do all things necessary or
incidental to implement the purpose of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash.
NAYS: None.
By Councilman Milligan, seconded by Councilman Bennett, and unanimously
adopted, this 750th regular meeting of the Council of the City of Livonia, was duly
adjourned at 9:05 P. M., December 20, 1972.
ADDISON 'd. BAS , Clerk.