HomeMy WebLinkAboutCOUNCIL MINUTES 1977-11-02 16701
L MINUTES OF THE EIGHT HUNDRED AND SEVENTIETH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On November 2, 1977, the above meeting was held at the City Hall, 33001
Five Mile Road, Livonia, Michigan, and was called to order by the President at approx
imately 8.00 P. M. . Councilman Bennett delivered the invocation. Roll was called
with the following result• Present--Robert E. McCann, Robert F. Nash, Jerry H.
Brown, Peter A. Ventura, Robert D. Bennett and *Robert R. Bishop. Absent--Jerry
Raymond.
Elected and appointed officials present Addison W. Bacon, City Clerk,
Frances S. Stem, Deputy City Clerk, Harry C. Tatigian, City Attorney; Jack Dodge,
Director of Finance, Ronald Mardiros, City Assessor, G. E. Siewert, City Engineer,
John Nagy, City Planner, James Inglis, Director, Livonia Housing Commission, Jerome
L Zimmer, Planning Commission, and Michael Reiser of the Water and Sewer Board.
By Councilman Ventura, seconded by Councilman Brown, and unanimously
adopted, it was
#1010-77 RESOLVED, that the minutes of the 869th Regular Meeting of the
Council of the City of Livonia, held October 26, 1977, are hereby
approved.
The communication from the Director of Finance, dated October 18, 1977,
transmitting various financial statements of the City for the month ending September
30, 1977, was received and filed for the information of the Council.
Councilman Ventura took from the table, for second reading and adoption,
the following Ordinance.
AN ORDINANCE AMENDING SECTION 4 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.
77-5-1-12 FOR CHANGE OF ZONING FROM RUFA
TO R-3. and R-2.
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A roll call vote was taken on the foregoing Ordinance with the following result
AYES: Bennett, Nash, Ventura, Brown and McCann.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Ventura took from the table, for second reading and adoption,
the following Ordinance:
AN ORDINANCE AMENDING SECTION 13 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.
77-5-1-16 FOR CHANGE OF ZONING FROM RUF
TO C-2.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES. Bennett, Nash, Brown, Ventura and McCann.
NAYS- None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Nash took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTIONS 10.03 OF
ARTICLE X AND SECTION 11.03 OF ARTICLE XI
OF ORDINANCE NO. 543, AS AMENDED, KNOWN
AND CITED AS THE "CITY OF LIVONIA ZONING
ORDINANCE," (Petition No. 77-5-6-6)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES: Bennett, Nash, Brown, Ventura and McCann.
NAYS. None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Ventura took from the table, for second reading and adoption,
the following Ordinance:
16703
AN ORDINANCE AMENDING SECTION 18.42 OF
ARTICLE XVIII OF ORDINANCE NO. 54+3, AS
AMENDED, KNOWN AND CITED AS THE "ZONING
ORDINANCE OF THE CITY OF LIVONIA, "
(Petition No. 77-5-6-7)
A roll call vote was taken on the foregoing Ordinance with the following result
AYES: Bennett, Nash, Brown, Ventura and McCann.
NAYS• None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Councilman Nash took from the table for second reading and adoption,
the following Ordinance.
AN ORDINANCE VACATING PORTIONS OF
STREET, ALLEY AND PUBLIC GROUNDS.
(Petition No. 77-7-3-7)
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Bennett, Nash, Brown, Ventura and McCann.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#1011-77 RESOLVED, that having considered a communication from Wm. E.
Kurtz, Shaw Electric Company, 33200 Schoolcraft, P. 0. Box 2217, Livonia,
Michigan 48151, dated October 12, 1977 wherein a request is made for
the vacating of a certain drainage easement across property located on
the west side of Hickory Lane, south of Eight Mile Road, as shown on the
attached survey, the Council does hereby determine to refer the same to
the City Planning Commission for action and recommendation in accordance
with Law and City Ordinance.
*Councilman Bishop arrived at 8.10 p. m.
By Councilman Nash, seconded by Councilman Bishop, it was
#1012-77 RESOLVED, that having considered a communication from the City
Planning Commission, dated October 17, 1977, which transmits its Resolu-
tion 10-216-77 with regard to Petition 77-9-8-20 submitted by Randall
Sign Erectors, Inc., requesting approval of the erection of a permanent
16704
wall sign on an existing building located within the Wonderland Shopping
Center at the southwest corner of Plymouth Road and Middlebelt Road in
Section 35 pursuant to the provisions set forth in Section 18.47 of
Ordinance No. 543, as amended, the Council does hereby determine to con-
cur in the recommendation of the Planning Commission and Petition No.
76-9-8-20 is hereby approved and granted, such approval to be based upon
the same conditions as those 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: Bennett, Nash, Brown, Ventura, Bishop and McCann.
NAYS• None.
By Councilman Ventura, seconded by Councilman Bishop, it was
#1013-77 RESOLVED that, Dr. Roger Ajluni, 17920 Farmington Road, Livonia,
Michigan 48152, as proprietor, having requested the City Council to
approve the proposed preliminary plat of the following subdivision•
Ajluni Subdivision, located in the S. W. 1/4 of Section 10, City of
Livonia, the said proposed preliminary plat being dated October 11, 1976,
and it further appearing that tentative approval of such preliminary
plat was given by the City Planning Commission, after due notice and a
public hearing on November 9, 1976, and it further appearing that such
preliminary plat, together with development plans and specifications for
improvements therein have been examined and approved by the Department of
Public Works as is set forth in the report of that department dated
October 10, 1977, therefore, the City Council does hereby approve of the
said preliminary plat on the following conditions.
(1) All of the improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the provisions
of the ordinances of the City of Livonia, including the Subdivision
Control Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordi-
nances, as amended, the Subdivision Regulations of the Planning Commis-
sion; the regulations and specifications of the Department of Public
Works and the Development Plans submitted by the proprietor and approved
by such department, all such improvements to be constructed, installed,
accomplished and completed within a period of two (2) years from the
effective date of this resolution, failing this, the approval contained
herein shall be considered null, void and of no effect whatsoever,
(2) That all inspection fees and other charges due to the City
of Livonia shall be fully paid at the time and in the manner provided in
the said Subdivision Control Ordinance, as amended,
(3) That the installation of all such improvements shall be
subject at all times to the supervision and inspection and final approval
of the Department of Public Works, and such improvements shall not be
considered as having been satisfactorily and completely installed until
there is filed with the City Council the certificate as provided in
Section 9-122 of the said Subdivision Control Ordinance, as amended,
16705
(4) That the proprietor enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period of time and
in the prescribed manner, all improvements required to the extent required
by the City of Livonia and as shown on the approved development plans:
(5) That the following Cash Payments be made to the City Clerk
and a receipt obtained therefor
A. Trees $ 705.00
B. Street Name Signs N.A.
C. Traffic Control Signs N.A.
D. Engineering Services (General Improvement
& Sidewalks
1. Plan Review & Adm. (1-1/2%) $325.50
2. Field Inspection (3-1/2%) 759.50 1,085.00
E. Street Light Notification Signs N.A.
F. Engineering Service (Grading and
Soil Erosion Control)
1. Plan Review 25.00
2. Permit and Inspection 125.00 150.00
TOTAL REQUIRED CASH PAYMENTS $1,940.00
(6) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive the final approval of the City Plan-
ning Commission as evidence that such plat is in compliance with existing
L. Subdivision Regulations;
(7) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City Council
within two (2) years from the effective date of this resolution, the
City Council shall approve final plats of the aforesaid proposed subdivi-
sion if drawn in substantial conformity with the proposed plat as approv-
ed herein, and provided there has been compliance with all other
requirements of State Statute, the Subdivision Control Act, the Subdivi-
sion Control Ordinance and this resolution,
(8) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements the proprietor may
file igith the City of Livonia a corporate bond, certified check, cash
bond, irrevocable letter of credit, or other financial assurance in such
form as shall be approved by the Department of Law guaranteeing the satis-
factory installation of all such improvements, utilities and grading by
the proprietor within the prescribed period, that in the event the pro-
prietor elects to deposit such financial assurances the same shall be in
the following amounts, such deposits to be deposited in the office of
the City Clerk:
General Improvement Bond - $21,000.00, of which at least
2,500,00 shall be in cash
Sidewalk Bond - 3,000.00, of which at least
1,500.00 shall be in cash
Grading and Soil Erosion Control Bond - $2,000.00, of which
at least $500.00 shall be in cash
Monuments and Lot Markers - $310.00(A11 Cash)
16706
(9) The Council does hereby, pursuant to Section 9-119, waive
and modify the improvement requirement set forth in Section 9-116(m)
relative to street lights, inasmuch as the same would not be necessary
or otherwise in the best interest of the City at this time.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bennett, Nash, Brown, Ventura, Bishop and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Bishop, it was
RESOLVED, that before the Council determines to authorize a
paving improvement on Curtis between Farmington and Fairfield in Section
10 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 prepared, plans and specifications there-
for 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
L assessments may be paid and the lands which should be included in the
proposed special assessment district, pursuant to the provisions of
Section 2-506 of the Livonia Code of Ordinances, as amended.
By Councilman Bennett, seconded by Councilman Ventura, it was
RESOLVED, that the Council does hereby determine to refer the
proposed paving improvement of Curtis, between Farmington and Fairfield,
to the Streets, Roads and Flats Committee for its consideration.
A roll call vote was taken on the motion to refer, with the following result:
AYES: Bennett and Ventura.
NAYS: Nash, Brown, Bishop and McCann.
The President declared the motion to refer, DENIED.
A roll call vote was taken on the motion to request the preparation of a Special
Assessment District for the improvement of Curtis, with the following result:
AYES: Bennett and Ventura.
NAYS: Nash, Brown, Bishop and McCann.
LThe President declared the motion DENIED.
By Councilman Bennett, seconded by Councilman Ventura, it was
16707
RESOLVED, that the Council does hereby determine to reconsider
its action taken in Council Resolution No. 1013-77, which approved the
preliminary plat of Ajluni Subdivision and established bond requirements
for improvements therein.
A roll call vote was taken on the motion to reconsider with the following result:
AYES: Bennett, Ventura and McCann.
NAYS. Nash, Brown and Bishop.
The President declared the motion to reconsider, DENIED.
By Councilman Nash, seconded by Councilman Brown, and unanimously
adopted, it was
#1014-77 RESOLVED, that having considered a communication from the
Acting Chief of Police, dated October 11, 1977, approved for submission
by the Mayor and which transmits a proposed amendment to Section 3-407
of the Livonia Code of Ordinances (Dog Ordinance), as••'well as a 'Model
Animal Ordinance' submitted by the Breeder's Action Board, Inc. , the
Council does hereby determine to refer the same to the Legislative
Committee for its report and recommendation.
By Councilman Nash, seconded by Councilman Brown, and unanimously
adopted, it was
#1015-77 RESOLVED, that having considered a communication from the
Department of Law, dated October 18, 1977, and submitted pursuant to
Council resolution 876-77 and to which is attached copies of Building
Inspection Ordinances on sale of residential property which have been
enacted in the cities of Detroit, Dearborn and Inkster, the Council does
hereby determine to refer the same to the Legislative Committee for its
report and recommendation.
By Councilman Nash, seconded by Councilman Ventura, it was
#1016-77 RESOLVED, that having considered a communication from the CETA
Program Administrator, dated October 17, 1977, approved by the Finance
Director and approved for submission by the Mayor and to which is attached
CETA Contract for Keypunch Operator Training, the Council does hereby
authorize the Mayor and City Clerk to execute the said contract for and
on behalf of the City of Livonia in the manner and form indicated in the
aforesaid communication.
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Bennett, Nash, Brown, Ventura, Bishop and McCann.
NAYS: None.
16708
By Councilman Ventura, seconded by Councilman Bennett, it was
#1017-77 RESOLVED, that having considered a communication from the CETA
Program Administrator, dated October 17, 1977, approved by the Finance
Director and approved for submission by the Mayor and to which is
attached CETA Contract for Barber Stylist Training, the Council does
hereby authorize the Mayor and City Clerk to execute the said Contract
for and on behalf of the City of Livonia in the manner and form indicated
in the aforesaid communication.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Bennett, Nash, Brown, Ventura, Bishop and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Bishop, it was
#1018-77 RESOLVED, that having considered a communication from the
Personnel Director, dated October 11, 1977, approved by the Finance
Director and approved for submission by the Mayor and which transmits a
resolution adopted by the Civil Service C &ion on September 29, 1977
wherein it is recommended that a tuition/Do icyr be initiated with
respect to all employees other than Police and Fire Uniformed employees,
the Council does hereby determine to refer the same to the Finance and
Insurance Committee for its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Bennett, Nash, Brown, Bishop and McCann.
NAYS- Ventura.
The President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Nash, it was
#1019-77 RESOLVED, that having considered a communication from the
Livonia Housing Commission, dated October 11, 1977, which bears the
signature of the Finance Director and is approved for submission by the
Mayor and to which is attached a preliminary budget for the operation
of Silver Village through November 1977, the Council does hereby deter-
mine to approve the same, as revised.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Bennett, Nash, Brown, Ventura, Bishop and McCann.
NAYS: None.
By Councilman Brown, seconded by Councilman Nash, and unanimously
adopted, it was
16709
#1020-77 RESOLVED, that having considered a communication from the
Superintendent of Parks and Recreation, dated October 13, 1977, approved
by the Finance Director and approved for submission by the Mayor and
which transmits a resolution adopted by the Parks and Recreation Commis-
sion on October 3, 1977 wherein it is recommended that 37.77 acres of
Helman Park, located west of Stevenson High School in Section 9, be made
available for sale, and that the funds derived from the sale of said
land be earmarked for the purchase of open space land adjacent to
Bicentennial Park and which is presently owned by the Board of Education,
as well as the development of existing park sites and the improvement and
construction of Parks and Recreation facilities, the Council does hereby
determine to refer this item to the Capital Improvement Committee for its
report and recommendation.
By Councilman Nash, seconded by Councilman Brown, it was
#1021-77 RESOLVED, that having considered a communication dated
October 19, 1977 from the Department of Law, transmitting for Council
acceptance a Grant of Easement which conveys to the City an easement
to be used in connection with the installation of an offsite sanitary
sewer system for the Windridge Village Subdivision, which easement is
more particularly described as follows:
A Grant of Easement dated October 3, 1977 and executed
by 7-Mile/Farmington Partnership, a Michigan Partnership,
by Jerome L. Schostak, Partner, and Nat Korash, Partner,
conveying to the City an easement to be used in connection
with the installation of an offsite sanitary sewer system for
the Windridge Village Subdivision, which easement is more
particularly described as follows.
Commencing at the S. E. corner of Section 4, T. 1 S.,
R. 9 E., and proceeding thence along the S. line of said
Section 4, S. 89° 57' 10" W. , 1,151.20' ; thence N. 0°
00' 50" W., 60.00' to the point of beginning of the
permanent easement herein described, said point being
on the N. line of 7 Mile Road, thence N. 0° 00' 50" W ,
280.00' , thence S. 89° 57' 10" W., 25.00' , thence S. 0°
00' 50" E., 280.00' to a point on the N. line of 7 Mile
Road, thence along said line, N. 89° 57' 10" E., 25.00'
to the point of beginning.
and the Council does hereby for and on behalf of the City of Livonia
accept the aforesaid Grant of Easement and the City Clerkis 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,
FURTHER, the Council does hereby accept the Temporary Grant
of Easement, dated October 3, 1977 and executed by 7 Mile/Farmington
Partnership by Jerome L. Schostak, Partner, and Nat Korash, Partner,
which easement is more particularly described as follows:
16710
Commencing at the S. E. corner of Section 4, T. 1 S. ,
R. 9 E., and proceeding thence along the S. line of said
Section 4, S. 89° 57' 10" W. , 1,151.20' , thence N. 0°
00' 50" W., 60.00' to the point of beginning of the temporary
easement herein described, said point being on the N. line of
7 Mile Road, thence N. 0° 00' 50" W., 280.00' ; thence N. 89°
57' 10" E., 15.00' ; thence S. 0° 00' 50" E., 260.00' , thence
N. 89° 57' 10" E. , 872.00' , thence S. 0° 00' 50" E., 20.00'
to a point on the N. line of 7 Mile Road (said line being 60.00'
N. of and parallel to the S. line of said Section 4), thence
along said line, S. 89° 57' 10" W., 887.00' to the point of
beginning.
and the City Clerk is hereby requested to keep said document on file 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: Bennett, Nash, Brown, Ventura, Bishop and McCann.
NAYS: None.
Councilman Ventura gave first reading to the following Ordinance:
AN ORDINANCE VACATING PORTIONS OF STREET,
ALLEY AND PUBLIC GROUND.
(Petition 77-8-3-10)
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 repeated herein.
Councilman Ventura invoked the Emergency Clause and gave second reading to
the foregoing Ordinance and a roll call vote was taken thereon with the following
result:
AYES• Bennett, Nash, Brown, Ventura, Bishop and McCann.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
By Councilman Brown, seconded by Councilman Bishop, it was
#1022-77 RESOLVED, that having considered a communication from the City
Engineer, dated October 13, 1977, approved by the Director of Public
Works and approved for submission by the Mayor, with regard to the
Argonne Street Paving Program, S.A.D. No. 154, the Council does hereby
determine to amend and revise Council Resolution No. 542-76 adopted on
June 23, 1976, and as subsequently amended by Council Resolution No.
16711
1025-76 adopted on November 23, 1976, Council Resolution No. 124-77
adopted on February 2, 1977 and Council Resolution No. 360-77 adopted on
April 6, 1977 so as to revise the assessible footage against Lots 72,
73 and 74a of the Botsford Park Subdivision to 23.5 ft. (50% of the 47
ft. considered to be frontage) the action herein being taken for the
reasons indicated in the aforesaid communication; and the City Assessor,
City Clerk and City Treasurer are hereby authorized to do all things
necessary or incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result•
AYES: Bennett, Nash, Brown, Ventura, Bishop and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Bishop, and unanimously
adopted, it was
#1023-77 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 Bishop, it was
#1024-77 RESOLVED, that having considered the report and recommendation
of the City Engineer, dated November 1, 1977, which bears the signature
of the Finance Director, is approved by the Director of Public Works and
is approved for submission by the Mayor, to which is attached a copy of
a letter dated November 1, 1977 from R. E. Dailey & Company, Construction
Manager, concurred in by Ralls-Hamill Architects, Inc., the Council does
hereby accept the bid of J. L. Peters Company, 12600 Norborne, Detroit,
Michigan 48239 for the Phase III, Part 2 (for the structural steel,
metal deck and misc. iron work) construction of the new Civic Center
Municipal Building in the amount of $312,203.00, the same having been in
fact the lowest bid received for this item and meets all specifications,
and the Council does hereby appropriate and authorize the expenditure
of a sum not to exceed $312,203.00 from Federal Economic Development
Administration Funds for this purpose; and the- Director of Public Works
is authorized to approve all minor adjustments in the work as completed;
and the Mayor and City Clerk are hereby authorized to execute a contract
for and on behalf of the City of Livonia with the aforesaid bidder and to
do all other things necessary or incidental to the full performance of
this resolution.
A roll call vote was taken on the foregoing resolution with the following result.
AYES. Bennett, Nash, Brown, Ventura, Bishop and McCann.
NAYS. None.
Councilman Ventura took from the table, for second reading and adoption,
the following Ordinance:
16712
AN ORDINANCE AMENDING CHAPTER 1 (BUILDING
CODES) OF TITLE 7 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED, TO READOPT BY
REFERENCE 1HE BOCA BUILDING CODE AND TO
PROVIDE THE CERTAIN MODIFICATIONS THEREIN
AND ITS APPLICATION TO THE CITY OF LIVONIA
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Bennett, Nash, Brown, Ventura and McCann.
NAYS: Bishop.
The President declared the foregoing Ordinance duly adopted, and, would become
effective on publication.
On motion of Councilman Ventura, seconded by Councilman Bishop, and
unanimously adopted, this 870th Regular Meeting of the Council of the City of
Livonia was duly adjourned at 9:00 P. M., November 2, 1977.
ADDISON W. BACO - TY