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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-11-15 L MINUTES OF THE SEVEN HUNDRED FORTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA 13334 On November 15, 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 8:31 P. M. Councilman Ventura 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, Virginia Handzlik, Deputy City Clerk, Rudolf R. Kleinert, Director of Public Safety- Fire, Robert Turner, Police Chief; John Nagy, City Planner, Robert Osborn, Director of Public Works, Suzanne Taylor, Planning Commission, Daniel Gilmartin, Industrial LCoordinator; Roderic Krzywicki, Youth Commission; Michael Reiser, Water and Sewer Board; Frank Kerby, Chief Building Inspector; John Dufour, Superintendent of Parks and Recreation, G. E. Siemert, City Engineer, Robert Biga, Personnel Analyst; Robert Feinberg, Assistant City Attorney, James Miller, Personnel Director; Stanley Bien, Chief Librarian, Theodor Krauss, Personnel Analyst. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #987-72 RESOLVED, that the minutes of the 746th regular meeting of the Council of the City of Livonia, held on October 25, 1972, are hereby approved. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #988-72 RESOLVED, that the minutes of the 144th special meeting of the Council of the City of Livonia, held on October 30, 1972, are hereby L approved. The following resolution was unanimously introduced, supported and adopted: L13335 #989-72 WHEREAS, this City and the educational community in particular have been shocked and profoundly saddened by the untimely death of Jay Formsma, and WHEREAS, he had acquired a national reputation as an innovator in the field of education; and. WHEREAS, he earned the respect and loyalty of his professional peers and, the admiration and devotion of his students during his nine year tenure as principal of Stevenson High School; and. WHEREAS, by virtue of his enlightened leadership and selfless devotion to his profession he has been a powerful force for good in this community, NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Council of the City of Livonia deem it fitting at this time to record their sorrow upon the passing of a beloved citizen and friend and to join with his family and the community in sharing the loss sustained by the death of Jay Formsma. The Financial Statement from Office of the City Clerk (Water and Sewer Fund) was received and filed, for the information of the Council. The communication dated uctober 27, 1972 rrom the Department of Law, with respect to Richter Construction Company vs City of Livonia, Circuit No 210,368 and 214,543, was received and filed for the information of the Council. The communication dated. November 2, 1972 from the Department of Law, with respect to Republican Party, et al, vs City of Livonia, Civil Action No. 72 220470 CZ, was received and filed for the information of the Council Councilman Milligan gave second reading to the following Ordinance AN ORDINANCE AMENDING SECTION 7-115 OF CHAPTER 1 OF TITLE 7 (BUILDING CODES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA A roll call vote was taken on the foregoing Ordinance with the following result- LAYES Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. 13336 Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 4 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, (BUSINESS LICENSES) BY ADDING CHAPTER 16 THERETO A roll call vote was taken on the foregoing Ordinance with the following result: AYES Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash NAYS None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Milligan gave second reading to the following Ordinance AN ORDINANCE AMENDING TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING CHAPTER 14 THERETO. (Garage Sales) A roll call vote was takenon the foregoing Ordinance with the following result AYES Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication By Councilman Brown, seconded by Councilman McCann, it was #990-72 RESOLVED, that having considered a communication from the Acting Chief of the Fire Division dated October 11, 1972, approved by the Director of Public Safety - Fire and the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of B J Ratigan Chrysler-Plymouth, 30077 Plymouth Road, Livonia, Michigan, for supplying the City with one four door sedan for the price of $2,930.00, less $200 00 trade- in, for a net price of $2,730 00, the same having been in fact the lowest bid received for this item, further, the Council does hereby appropriate from and authorize the expenditure of the sum of $2,730.00 from the 1966 Fire Head- quarters General Obligation Bond Issue for this purpose, and the City Clerk and 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. Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS None 13337 By Councilman Ventura, seconded by Councilman Raymond, it was #991-72 RESOLVED, that having considered a communication from the Acting Chief of the Fire Division dated October 11, 1972, approved by the Director of Public Safety - Fire and the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of General Electric Co. , 13365 Michigan Avenue, Dearborn, Michigan, for supplying the City with three portable radios for the total sum of $2,698 50 ($899 50 each), the same having been in fact the lowest bid received for this item, further, the Council does hereby appropriate from and authorize the expenditure of the sum of $2,698.50 from the 1966 Fire Headquarters General Obligation Bond Issue for this purpose, and the City Clerk and 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* Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS None. By Councilman Raymond, seconded by Councilman McCann, it was #992-72 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and the Budget Director dated October 10, 1972, approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $7,200.00 from the Administrative Salaries Account 445.1-712 to the following accounts in the following amounts Additional Acct. No. Title Required 934-811 Heating & Air Conditioning $ 650.00 934-777 Sanitary Supplies 500.00 934-776 Building Maint. Supplies 2,400.00 475-786 Sign Materials 2,500 00 475-766 Sign Tools & Supplies 650.00 464-766 Road Tools & Supplies 500.00 A roll call vote was taken on the foregoing resolution with the following result. AYES. Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash NAYS. None. By Councilman McCann, seconded by Councilman Brown, it was #993-72 RESOLVED, that having considered a communication from the Personnel Director dated October 10, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on October 3, 1972, wherein it is recommended that effective December 1, 1972, salary rates for administrative classifications be adjusted so as to provide a 64 adjustment for these classifications and an additional cost of living adjustment to be added to the base salary rates 13338 in the same manner as that extended to other employees in the City service, including employees represented by employee organizations and professional and other employees not so represented, as shown on the attached schedule of salary ranges for administrative classifications, the Council does hereby determine to concur in and approve of the aforesaid action. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Milligan, McCann, Bennett, Brown and. Nash NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, it was 4994-72 RESOLVED, that the Council does hereby request that the Civil Service Commission submit a report and recommendation concerning the salary established for the position of Chief Building Inspector in view of the fact that the same is inequitably low and not commensurate with functions and duties currently required for this position. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS None. By Councilman Milligan, seconded by Councilman McCann, it was #995-72 RESOLVED, that having considered a communication from the Mayor dated October 20, 1972 with regard to salary adjustments for the positions of Director of Public Works and Director of Administrative Services, the Council does hereby determine that effective December 1, 1972 said salaries shall be adjusted by providing a 5.5% adjustment in total compensation so as to provide the following per annum salary, payable monthly: Director of Public Works $ 24,532.40 Director of Administrative Services S 13,841.00 A roll call vote was taken on the foregoing resolution with the following result. AYES. Ventura, Raymond, Milligan, McCann, Bennett, Brown and. Nash. NAYS None. By Councilman Ventura, seconded by Councilman Brown, it was #996-72 RESOLVED, that having considered a communication from the City Clerk dated October 26, 1972 with regard to a salary adjustment for the position of Deputy City Clerk, the Council does hereby determine that effective December 1, 1972 said salary shall be increased by providing a 5.5% adjustment in total compensation so as to provide a per annum salary in the amount of $12,043.20, payable monthly. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash NAYS• None. By Councilman Ventura, seconded by Councilman McCann, it was #997-72 RESOLVED, that having considered a communication from the City Treasurer dated October 30, 1972 with regard to a salary adjustment for the position of Deputy City Treasurer, the Council does hereby determine that effective December 1, 1972 said salary shall be increased by providing a 5.5% adjustment in total compensation so as to provide a per annum salary in the amount of $12,043.20, payable monthly. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS None By Councilman Ventura, seconded by Councilman Brown, it was #998-72 RESOLVED, that having considered a communication dated October 16, 1972 from the Assistant City Assessor, approved for submission by the Mayor, with regard to a request from Mr. George R Klein, 16400 West Twelve Mile Road, Suite 112, Southfield, Michigan 48076, and in accordance with pro- visions of Act 288 of the Public Acts of 1967, as amended, the Council does hereby determine to deny the request for dividing Parcel OlAlal, H1 - 01c93 to 102a into 3 parcels since the same would be in violation of the City's Zoning Ordinance and law A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, McCann, and Brown. NAYS. Milligan, Bennett, and Nash. The President declared the resolution adopted By Councilman Bennett, seconded by Councilman McCann, it was #999-72 RESOLVED, that having considered a communication dated July 14, 1972 from the City Planning Commission which sets forth its resolution No 6-170- 72 with regard to Petition No. 72-5-1-28 submitted by Donald C. Deremo, Attorney, for George Khamis, requesting to rezone property located on the northwest corner of Seven Mile Road and Fitzgerald in the Southwest 1/4 of Section 5, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on October 9, 1972, pursuant to Council resolution No. 739-72 and the said petition having been amended by a letter dated October 26, 1972 from Mr. Donald C. Deremo revising the petitioner's request from C-2 to C-1, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition No. 72-5-1-28, as amended, is hereby denied for the same reasons as those set forth in the action taken by the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. 13340 AYES Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash NAYS None. Councilman Milligan gave first reading to the following Ordinance AN ORDINANCE AMENDING TITLE 7 OF CHAPTER 4 (OPEN HOUSING ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 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 Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1000-72 RESOLVED, that having considered a communication dated January 10, 1972 from the City Planning Commission, which transmits its resolution No 12-325-71 adopted by the Commission on December 7, 1971 with regard to Petition No 71-10-2-32, submitted by Pro-Systems, Inc , requesting permis- sion to extend operation of an existing car wash as a waiver use on property zoned C-2 located on the north side of Seven Mile Road between Middlebelt Road. and Parkville in the Southwest 1/4 of Section 1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 71-10-2-32 is hereby approved and granted. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #1001-72 RESOLVED, that having considered a communication from the Tyler Elementary School P T.A. dated September 25, 1972, to which is attached a petition bearing the signatures of certain residents on Hubbard Road, with regard to the condition of that portion of the roadway which provides entrance to and exit from parking facilities at the Tyler Elementary School, the Council does hereby refer the same to the Mayor and the Capital Improve- ment Committee for their report and recommendation concerning the possible use of moneys received by the City through Federal Revenue Sharing for the purpose of improving the said roadway By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #1002-72 RESOLVFD, that having considered a communication from the President of the Madison Civic Association dated October 16, 1972, wherein it is suggested that consideration be given to the adoption of an ordinance amendment which would restrict group use of City parks after 8 00 p. m. 13341 for the purpose of controlling the so-called "teenage park situation", the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was #1003-72 RESOLVED, that having considered a communication from the President of the Madison Civic Association dated October 16, 1972, wherein a request is made for the installation of a traffic control signal device to be located on Middlebelt Road at approximately its intersection with Puritan and Merriman Road at its intersection with Rayburn, the Council does hereby determine to refer the same to the City Engineer for his report and recommendation By Councilman McCann, seconded by Councilman Raymond, it was #1004-72 RESOLVED, that having considered a communication from the Budget Director dated October 26, 1972, approved for submission by the Mayor, the Council does hereby determine to accept the bid of 20th Century Press, Inc , 27266 Wick Road, Taylor, Michigan 48180, for supplying the City with all printing material as stated in the bid attached to the aforesaid communica- tion, with the exception of envelopes, and the Council does further accept the bid of Service Envelope Company, 1301 Harper, Detroit, Michigan 48211, for the printing of envelopes in the manner stated in the aforesaid attached bid, the foregoing bids are hereby accepted on the basis that the same are the lowest bids received meeting specifications. A roll call vote was taken on the foregoing resolution with the following result AYES• Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS• None By Councilman Ventura, seconded by Councilman Brown, it was RESOLVED, that having considered a communication dated August 8, 1972 from the City Planning Commission which sets forth its resolution No 7-188-72 with regard to Petition No 72-6-1-33 submitted by Ellsworth K Hanlon for Rouge Employees Credit Union for a change of zoning on property located on the northwest corner of Plymouth Road and Globe in the Southwest 1/4 of Section 29, from M-1 to C-1, and the Council having conducted a public hearing with regard to this matter on October 30, 1972, pursuant to Council resolution No 822-72, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 72-6-1-33 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission By Councilman Bennett, seconded by Councilman Milligan, it was #1005-72 RESOLVED, that having considered a communication dated August 8, 1972 from the City Planning Commission which sets forth its resolution No. 7-188-72 with regard to Petition No. 72-6-1-33 submitted by Ellsworth K Hanlon for Rouge Employees Credit Union for a change of zoning on property located at the northwest corner of Plymouth Road and Globe in the Southwest 13342 1/4 of Section 29, from M-1 to C-1, and the Council having conducted a public hearing with regard to this matter on October 30, 1972, pursuant to Council resolution No 822-72, the Council does hereby refer this matter to the next study meeting to be conducted on November 20, 1972 A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS None. By Councilman McCann, seconded by Councilman Bennett, it was #1006-72 RESOLVED, that having considered a communication dated August 8, 1972 from the City Planning Commission which sets forth its resolution No. 7-189-72 with regard to Petition No 72-6-1-34 submitted by Joseph St. Cyr for Christ C Mugianis for a change of zoning on property located on the south side of Plymouth Road between Levan and Yale in the Northeast 1/4 of Section 32, from RUF to P, and the Council having conducted a public hearing with regard to this matter on October 30, 1972, pursuant to Council resolution No. 822-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No 72-6-1-34 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. F roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash NAYS None By Councilman McCann, seconded by Councilman Raymond, it was #1007-72 RESOLVED, that having considered a communication dated July 17, 1972 from the City Planning Commission which sets forth its resolution No. 6-179-72 with regard to Petition No. 72-4-1-22 submitted by Joseph St Cyr for Christ C Mugianis requesting to rezone property located on the south side of Plymouth Road, between Levan and Yale, in the Northeast 1/4 of Section 32, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on October 9, 1972, pursuant to Council resolution No. 739-72, the Council does hereby determine to concur with the recommendation of the City Planning Commission and the said Petition No 72-4-1-22 is hereby approved and granted, as amended, to the extent that the north 335 feet only of Parcel 32K shall be rezoned to C-2, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash L1331+3 NAYS. None. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #1008-72 RESOLVED, that having considered a communication dated August 28, 1972 from the City Planning Commission which sets forth its resolution No 8-208-72 with regard to Petition No. 72-7-1-37 submitted by Harold Fischer for Elsner and. Antonishek for a change of zoning on property located on the north side of Ann Arbor Trail between Levan and. Wayne Roads in the Southeast 1/4 of Section 32, from RUF to R-7, and the Council having conducted a public hearing with regard to this matter on October 30, 1972, pursuant to Council resolution No. 822-72, the Council does hereby determine to refer this matter to the Committee of the Whole for its consideration. By Councilman Brown, seconded by Councilman Ventura, it was #1009-72 RESOLVED, that having considered a communication dated August 22, 1972 from the City Planning Commission which sets forth its resolution No. 8-209-70 with regard to Petition No. 72-6-2-16 submitted by James Lyos, Flag's Restaurant, requesting permission to construct and operate a res- taurant as a waiver use on property zoned. C-2 located on the west side of Merriman Road, north of Five Mile Road in the Southeast 1/4 of Section 15, and the Council having conducted a public hearing with regard to this matter on October 30, 1972, pursuant to Council resolution No. 821-72, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-6-2-16 is hereby denied, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Milligan, McCann, Brown and. Nash. NAYS. Bennett The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Ventura, it was #1010-72 WHEREAS, pursuant to due and proper notice published and mailed t.) all property owners in Special Assessment District No. 115 more particularly described in Council resolution No. 62-72, adopted on January 19, 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 anc1 reviewed the special assessment levied in 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 in Parkridge Subdivision in said. Special Assessment District No. 115. 1,3,4 NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No 115 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. 115 based on installation of ornamental poles and underground wiring 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 au- thorized 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 Ventura, Raymond, Milligan, McCann, Brown and Nash NAYS. Bennett. The President declared the resolution adopted By Councilman McCann, seconded by Councilman Brown, it was #1011-72 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 116 more partic- ularly described in Council resolution No 588-72, 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 in 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 in Linden Wood Subdivision in Special Assessment District No. 116 NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No 116 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 116 based on installation of ornamental poles and underground wiring 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 au- thorized 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: Ventura, Raymond, Milligan, McCann, Brown and Nash. 133L+5 NAYS Bennett The President declared the resolution adopted By Councilman Brown, seconded by Councilman McCann, it was #1012-72 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 117 more partic- ularly described in Council resolution No 255-72, adopted on March 15, 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 in 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 in Tiffany Park Subdivision No 6 in said Special Assessment District No. 117 NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No. 117 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 117 based on installation of ornamental poles and underground wiring 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 au- thorized 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. Ventura, Raymond, Milligan, McCann, Brown and Nash NAYS Bennett. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Milligan, it was #1013-72 RESOLVED, that having considered a communication dated November 1, 1972 from the Department of Law transmitting for acceptance a Grant of Easement executed_on October 26, 1972 by Michael J Vorgitch and Pearl M Vorgitch, his wife, granting an easement to the City for the purpose of extending a public storm sewer, which easement is more particularly described as The East 12 feet of the south 65 feet of that part of the S. W. 1/4 of Section 31, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described 13346 as beginning at a point on the south line of Ann Arbor Road, 113 feet wide, distant due west along the east and west 1/4 section line, 606 76 feet and S 0° 41' , 53 feet from the center 1/4 corner of Section 31 and proceeding thence S. 0° 41' W 300 ft , thence due west, 200 76 ft. , thence N 0° 41' E along the E line of Knolson Ave , 60 ft. wide, 100 ft , thence due east, 84 ft , thence N. 0° 41' E 200 ft , thence due east along the south line of said Annlabnr Road, 116 76 feet to the point of beginning. (Part of Parcel 31T3alb) 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 Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS None By Councilman McCann, seconded by Councilman Milligan, it was #1014-72 RESOLVED, that having considered a communication dated October 19, 1972 from the Department of Law, transmitting for Council acceptance a Warranty Deed executed October 10, 1972, by Nate Rosenberg and Dorothy Rosenberg, his wife, Sallen Lurie and Ethel Lurie, his wife, Morris J Mendelson and Frieda Mendelson, his wife, Irving Slotnick and Virginia Slotnick, his wife, and Jack Rosenberg and Charlotte Rosenberg, his wife, to the City of Livonia, conveying land in the City of Livonia, described as The S. 30' of the W. 1/2 of the W 1/2 of the E. 1/2 of the N W 1/4 of Sec. 21, T. 1 S. , R 9 E , City of Livonia, Wayne County, Michigan. (Part of Bureau of Taxation Parcel 21L2) and That part of the N W. 1/4 of Section 21, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the E and W 1/4 line distant N 89° 20' 40" W , 656.58 feet from the center 1/4 corner of Section 21 and proceeding thence N 89° 20' 4O" W. along said 1/4 line, 328 32 ft. , thence N 0° 06' W , 30 feet, thence N 85° 25' 44" E , 329 31 feet, thence S. 0° 05' E , 60 feet to the point of beginning (Part of Bureau of Taxation Parcel 21Llcla5 to Llcla9) the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid instrument and the City Clerk is hereby requested to have said instrument 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, further, the City Assessor is hereby requested to do all things necessary to have the appropriate portions of the subject parcels removed from the tax rolls as being city-owned and tax exempt A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS None By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #1015-72 RESOLVED, that having considered a communication from the City Engineer dated October 25, 1972, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the action taken in Council resolution No 553-72 dated June 7, 1972, which approved and confirmed Special Assessment Roll No. 110, paving of streets in Livonia Gardens Sub- division, the Council does hereby determine to revise and amend Council Resolution No. 553-72 so as to insert in paragraphs 3, 4 and 5 the date of December 1, 1973 in lieu of December 1, 1972 as previously set forth, and the City Treasurer is hereby requested to do all things necessary or inciden- tal to the full performance of this resolution. By Councilman Raymond, seconded by Councilman Ventura, it was #1016-72 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated September 15, 1972, and the report and recommendation of the Chief of Police dated October 25, 1972, in connection therewith, the Council does hereby approve of the request from Lawrence A Michaelson for transfer of ownership of 1972 SDM licensed business located at 31501 Plymouth Road, Livonia, Michigan, from Gaidzag Hartunian, 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 Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash NAYS None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3 THERETO. (Re Petition No. 72-5-1-25) 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. L Councilman Ventura gave first reading to the following Ordinance 13348 AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. (Re Petition No. 72-5-1-26) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICT,F III L OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. (Re Petition No. 72-1-1-2) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 17 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. (Re. Petition No. 70-4-1-14) LThe 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. LCouncilman Brown gave first reading to the following Ordinance. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Re. Petition No. 72-7-3-5) 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 Ventura, seconded by Councilman Raymond, it was #1017-72 RESOLVED, that having considered the report of the Waste Disposal. Study Committee dated October 18, 1972, and submitted pursuant to Council resolution No. 572-72, concerning a proposed year round Clean Up and Pick Up Program for Livonia, the Council does hereby request the Department of Public Works do all things necessary to take bids for the purpose of having a year round Clean Up and Pick Up Program for large items. L A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Milligan, McCann, Bennett, Brown and. Nash NAYS. None By Councilman Bennett, seconded by Councilman McCann, it was #1018-72 RESOLVED, that having considered a communication from the City Engineer dated October 30, 1972, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached Invoice No. 26599 of the Board of Wayne County Road Commissioners in connection with the installation of traffic signal relays at D. R C. Schoolcraft Road entrance, the Council does hereby determine to authorize the additional sum of S46.52 from the Motor Vehicle Highway Fund (Major Roads) for the purpose of making final payment on this item; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES. Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. L Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it #1019-72 RESOLVED, that having considered the communication from Dale Investment Co. , Inc., 15496 Telegraph Road, Detroit, Michigan dated 13350 October 25, 1972 and before determining to install street lights in Livonia Industrial Park Subdivisions No. 1 and No. 2, 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 improvement, 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 pre- pared, 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. By Councilman Raymond, seconded by Councilman Bennett, it was #1020-72 RESOLVED, that having considered a communication dated October 19, 1972 from the City Planning Commission which transmits its resolution No 9-242-72 with regard to Petition No. 72-5-3-3 submitted by William. D. Balmer and C. Frank Phillips requesting the vacating of property located on the east side of Westbrook Drive, south of Mallory Drive, in the Northeast 1/4 of Section 17, the Council does hereby determine to concur with the City Planning Commission and deny Petition No. 72-5-3-3 for the same reasons as those set forth in the aforesaid action of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES• Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS• None. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #1021-72 RESOLVED, that having considered a communication dated October 27, 1972 from Allan B. Schmier, Schmier, Adelson & Fealk, Attorneys, which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinances, takes an appeal from a determination made on October 24, 1972 by the City Planning Commission in its resolution No. 10-277-72 with regard to Petition No. 72-5-2-13 submitted by Stanley E. Hayes, Incorporated, to lease tractors, trucks and U-Haul trailers as a waiver use on property zoned C-2 and located on the west side of Middlebelt Road between Five Mile Road and Lyndon in the Northeast 1/4 of Section 23, the Council does hereby designate Monday, January 8, 1973 at 8 00 P.M. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No 543, as amended, the Zoning Ordinance of the City of Livonia. L13351 By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1022-72 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 (M.S A. Section 5 2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, January 8, 1973 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. 72-8-1-41 submitted, by Milton Lebonbom for Samuel B Sherer for a change of zoning of property located on the northeast corner of Middlebelt and West Chicago Roads in the Northwest 1/4 of Section 36, from R-1 to R-7 and C-1, the City Planning Commission having in its resolution No. 9-237-72 recommended to the City Council that Petition No. 72-8-1-41 be approved, 2. Petition No. 72-6-1-35 submitted by Mt. Hope Congregational Church for a change of zoning of property located on the north side of Schoolcraft Road, east of Henry Ruff in the Southeast 1/4 of Section 23, from RUF to R-9, the City Planning Commission having in its resolution No. 9-241-72 recommended to the City Council that Petition No 72-6-1-35 be approved, further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the 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 The following resolution was unanimously introduced, supported and adopted: #1023-72 RESOLVED, that the Council takes this means to indicate that it supports the efforts of the Livonia Jaycees in assisting Mother Waddles In the collection of canned foods for needy families for the Thanksgiving holiday and, in this regard designates the week of November 9 through 16, 1972 as "This Thanksgiving, Help Feed a City Week", and further, the Council does hereby authorize the parking of a Kroger semi-van on the east side of the City Hall for the period November 14-17, 1972 for the purpose of allowing all participating citizens to bring canned foods to a central location on these days. 13352 By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #1024-72 RESOLVED, that having considered a communication dated November 15, 1972 from the City Planning Commission, which transmits its resolution No 11-294-72 adopted by the Commission on November 14, 1972 with regard to Petition No. 72-10-2-31, submitted by Peter A. Basile, Jr. requesting permission to construct and operate a shop with offices for cement contracting as a waiver use on property zoned M-1, located on the east side of Merriman Road between the railroad and Plymouth Road in Section 26, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No 72-10-2-31 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the afore- said recommendation of the Planning Commission By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #1025-72 RESOLVED, that having considered a communication dated October 23, 1972 from Dennis Novara, 16240 Telegraph Road, Detroit, Michigan, which in accordance with the provisions of Section 19 08 of Ordinance No 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on October 17, 1972 by the City Planning Commission in its resolution No 10-262-72 with regard to Petition No. 72-9-8-32P submitted by Dennis Novara requesting approval of all plans required by Section 18.58 for construction of an automatic car wash with gas pumps proposed to be located on the south side of Grand River between Inkster and Rensellor in Section 1, the Council does hereby designate Monday, January 8, 1973 at 8 00 P.M. as the date and time for conducting a public hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No 543, as amended, the Zoning Ordinance of the City of Livonia. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #1026-72 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 December, 1972. Wednesday, December 13, 1972 Wednesday, December 20, 1972 By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #1027 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Ventura, seconded by Councilman Raymond, it was 13353 #1028-72 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated October 11, 1972, and the report and recommendation of the Acting Chief of Police dated November 10, 1972, in connection therewith, the Council does hereby approve of the request from Broadway Joe's, Incorporated, for a transfer of ownership of 1972 Class C licensed business with dance-entertainment permit located at 31735 Plymouth Road, Livonia, Michigan 48150 from the Livonia Penthouse, Incorporated, 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 Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS None By Councilman Ventura, seconded by Councilman Milligan, it was #1029-72 RESOLVED, that having considered a communication from the City Engineer dated October 16, 1972, approved by the Director of Public Works and approved for submission by the Mayor, concerning a joint request from the Detroit Edison Company and the Michigan Bell Telephone Company to con- struct a line facility across the City's Refuse Disposal Site for the purpose of providing electric and communication services within this area of the City, the Council does hereby determine to authorize the City Clerk to execute in behalf of the City of Livonia the joint right-of-way agree- ment attached to the aforesaid communication which purports to grant permis- sion in the manner and form indicated, the same to be subject to approval as to form by the Department of Law. A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS. None By Councilman Ventura, seconded by Councilman Raymond, it was #1030-72 RESOLVED, that having considered a communication from the Personnel Director dated November 10, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on November 6, 1972, wherein it is recommended that an adjustment be made in the salary range for the position of seasonal clerk so as to provide the following pay rates Seasons 1st 2nd 3rd 4th 5th $2.45T770 $2.75 $2 90* $3.05* (Maximum pay rate now (*Recommend approval but defer possible under current implementation until permissible Wage Board guidelines) under Wage Board guidelines), the Council does hereby determine to concur in and approve of such action. 1335+ A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash NAYS None The following resolution was offered by Councilman Milligan and seconded. by Councilman Raymond #1031-72 RESOLVED, that the contract, dated November 4, 1971 between the County of Wayne, by its Board of County Road Commissioners, and the City of Livonia with respect to the acquisition and construction of certain improve- ments to the Wayne County Metropolitan Sewerage and Sewage Disposal System (Livonia Section) and the issuance of $2,800,000 00 Wayne County Metropolitan Sewerage and Sewage Disposal System Bonds (Livonia Section) , Series IV, is hereby approved, ratified and confirmed, and the Mayor and City Clerk are hereby authorized and directed to execute, seal and deliver the same for and on behalf of the City of Livonia upon the expiration of thirty (30) days after the date of the publication of this resolution and attached notice in the Livonia Observer, a newspaper of general circulation within the said City of Livonia BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish this resolution and the attached notice in the newspaper above designated as soon as possible after the adoption hereof, said notice to appear as a display advertisement at least one-quarter page in size. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash NAYS None. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #1032-72 RESOLVED, that the Council does hereby request that each of the following matters be referred to the Traffic Commission and the Police Department for their respective reports and recommendations (1) Installation of a three-way stop sign at the inter- section of Lyndon, Hix and the Expressway (2) Installation of signs to be installed on Hix, north of Schoolcraft, which shall read: "Slow, Children Crossing. " (3) Traffic conditions in the area of Castle Gardens Subdivision. (4) Opening and closing hours of the Park in Castle Gardens at the corner of Hix and Lyndon. 13355 By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, this 7L-7th regular meeting of the Council of the City of Livonia, was duly adjourned at 9 30 P. M. , November 15, 1972 : 4,1100760 er