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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-01-19 12676 MINUTES OF THE SEVEN HUNDRED TWENTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 19, 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 8:08 P. M.. Councilman McCann delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Robert E. McCann, Robert D. Bennett and *Jerry Raymond. Absent-- Edward G. Milligan. Elected and appointed officials present: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Dan Gilmartin, Indus- trial Coordinator; G. E. Siemert, City Engineer; John Nagy, City Planner; Ronald Mardiros, City Assessor; John T. Dufour, Superintendent of Parks and Recreation; Frank Kerby, Chief Building Inspector; James L. Miller, Personnel Director; Jack Dodge, Budget Director; Calvin Roberts, Fire Chief; Paul Kugler, Water and Sewer Board; Michael Reiser, Water and Sewer Board; and Charles Pinto of the Planning Com- mission. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #41-72 RESOLVED, that the minutes of the 726th regular meeting of the Council of the City of Livonia, held on January 5, 1972, are hereby approved. *Councilman Raymond arrived at 8:10 P. M. The following resolution was unanimously introduced, supported and adopted: #42-72 WHEREAS, William Revell has recently retired from the Board of Directors of Livonia Youth, Incorporated, after having served as a member for the past ten years; and WHEREAS, he was one of the original organizers of Livonia Youth, Incorporated which was founded for the sole purpose of providing recrea- tional pursuits for the teen-agers of Livonia; and 12677 L WHEREAS, Livonia Youth, Incorporated, in cooperation with the Livonia and Clarenceville Boards of Education and the Livonia Parks and Recreation Department, organized and supervised a summer teen-age program for the youth of this City; and WHEREAS, William Revell has given untiringly of himself and by his support and understanding of the youth of this community has, through the years, made a meaningful contribution to this community, NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Livonia does hereby commend William Revell for his outstanding efforts on behalf of the youth of the City and for a job well done. The communication dated December 29, 1971 from the Mayor, which transmits the Annual Report of the City of Livonia for the fiscal year 1970-71, was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Brown, it was #43-72 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia and upon the recommendation of the Mayor, dated January 19, 1972, the Council does hereby confirm the L appointment of Mr. James T. Hindle, 19360 Merriman Court, Livonia, Michi- gan, to the Board of Review of the City of Livonia to fill the unexpired portion of the term of Mr. Edward M. Wilson, 15405 Oporto, Livonia, Michi- gan, whose term expires February 16, 1972; further, the Council does hereby confirm the reappointment of Mr. Hindle to the Board of Review for a three-year term ending February 16, 1975. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 8-251 THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. LThe President declared the foregoing Ordinance duly adopted and would become effective on publication. 12678 Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2-1702 OF CHAPTER 17 OF TITLE 2 (KNOWN AND CITED AS THE COMMISSION ON CHILDREN AND YOUTH ORDINANCE) OF THE LIVONIA CODE OF ORDI- NANCES, AS AMENDED, OF THE CITY OF LIVONIA. A roll call vote was taken on the foregoing Ordinance with the following result: AYES : McCann, Bennett, Brown, Ventura, Raymond 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 SECTIONS 5-506 AND 5-507 OF CHAPTER 5 (SEWERS), OF ARTICLE I OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. A roll call vote was takenon the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was #44-72 RESOLVED, that the Council does hereby request the Water and Sewer Board to consider the initiating- an Ordinance amendment to Section 5-506 of the Livonia Code of Ordinances for the purpose of revising same to cover those schools which are constructed without permanent classrooms but rather with movable walls (in order to provide a square foot basis of determining connection rate). Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 5 (SEWERS) OF ARTICLE I OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, BY REPEALING SECTION 5-505 THEREOF. 12679 A roll call vote was taken on the foregoing Ordinance with the following result- AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #45-72 RESOLVED, that having considered a communication dated July 2a, 1971 from the City Planning Commission which sets forth its resolution No. 7-205-71 with regard to Petition No. 71-6-1-38 submitted by Hearthstone Homeowner's Association for a change of zoning south of Eight Mile Road at the entrance to the Hearthstone Subdivision in the North 1/2 of Section 1, from C-1 to P.S., and the Council having conducted a public hearing with regard to this matter on November 8, 1971, pursuant to Council resolution No. 870-71 and the Council having considered a communication from the Department of Law dated November 30, 1971, as well as the verbal recom- mendation of the Department of Law, the Council does hereby determine to refer this matter back to the City Planning Commission for the purpose of conducting a new public hearing in accordance with the provisions set forth in Article XXIII of Ordinance No. 543, as amended, and thereafter submit its report and recommendation to Council for its consideration. By Councilman McCann, seconded by Councilman Brown, it was #46-72 RESOLVED, that having considered a communication from the Depart- ment of Law dated December 21, 1971, approved for submission by the Mayor, relative to the proposed acquisition of property commonly referred to as "Bates Restaurant," which property is located at 33406 Five Mile Road, Livonia, Michigan, the Council does hereby authorize the Department of Law to employ an expert appraiser for the purpose of determining the fair market value of the aforesaid property, and for this purpose does authorize an expenditure of a sum not to exceed $750.00 from the Unexpended Fund Balance Account; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. By Councilman Bennett, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Depart- ment of Law dated December 21, 1971, approved for submission by the Mayor, relative to the proposed acquisition of property commonly referred to as "Bates Restaurant," which property is located at 33406 Five Mile Road, Livonia, Michigan, and wherein a request is made for the sum of $750.00 for the purpose of employing an expert appraiser, the Council does hereby determine to refer this matter to the Committee of the Whole. 12680 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett and Ventura. NAYS: McCann, Brown, Raymond and Nash. The President declared the motion to refer, DENIED. A roll call vote was taken on the original resolution with the following result: AYES: McCann, Brown, Raymond and Nash. NAYS: Bennett and Ventura. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Ventura, it was #47-72 RESOLVED, that having considered a communication from the Depart- ment of Law dated December 21, 1971, approved by the Superintendent of the Parks and Recreation Department, and approved for submission by the Mayor relative to the proposed acquisition of 1.71 acres of land located in Section 35, identified as Bureau of Taxation Parcel 35Gla and owned by the United Church of Christ, the Council does hereby authorize the Department of Law to employ an expert appraiser for the purpose of determining the fair market value of the aforesaid property, and for this purpose does authorize the expenditure of a sum not to exceed $200.00 from the $4.4 million General Obligation Parks and Recreation Bond Issue; and the 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: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #48-72 RESOLVED, that having considered a communication from the Personnel Director dated December 20, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on December 7, 1971, wherein the Commission did request an appropriation in the amount of $16.00 in order to make payment to Joseph Sopsich, Concrete Repairman in the Operations Division, for replacement of broken eyeglasses incurred while on the job, the Council does hereby determine to defer action with respect to this matter pending consideration by the Council at its study session to be conducted on January 24, 1972. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura and Raymond. NAYS: Nash. The President declared the resolution adopted. 12681 By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #49-72 RESOLVED, that having considered a communication from Mr. and Mrs. V. E. Schikora, 14509 Fairway Drive, Livonia, Michigan, dated January 3, 1972, wherein a request is Made for the installation of street lighting in the vicinity of the intersection of Fairway Drive and Lyndon Avenue, the Council does hereby request the City Engineer to submit his report and recommendation with respect to this matter. By Councilman McCann, seconded by Councilman Raymond, it was #50-72 RESOLVED, that having considered a communication from the President of the Noon Optimist Club of Livonia dated December 22, 1971, wherein a request is made for the use of the City-owned parksite, commonly referred to as Parksite "DD" in Section 34, on Friday, June 23, 1972, for use by the aforesaid Club in sponsoring a circus on this date (by Carson and Barnes) and wherein the aforesaid Club has agreed to be responsible for complete and final clean-up as required, as well as providing a certificate of insurance in the amount of one million dollars ($1,000,000.00) covering the City with respect to this activity, the Council does hereby determine to approve of such request and to authorize the use of this property for this purpose; provided, however, that the Council does hereby determine that approval of this request is made subject to providing the aforesaid Certificate of Insurance in a form approved by the Department of Law, and the City Clerk, Director of Public Works, Superintendent of Parks and Recreation and the Chief of Police are hereby requested to do all things necessary or incidental in providing necessary assistance in order to assure success for this worthy civic fund-raising project. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #51-72 RESOLVED, that having considered a communication from the Hines Park Inn, Inc., dated December 14, 1971, with regard to the classification of the aforesaid Hines Park Inn, Inc. as a motel and/or hotel for purposes of the licensing provisions set forth in the Livonia Code of Ordinances, the Council does hereby determine to refer this matter to the Department of Law for its report and recommendation and/or opinion regard- ing the same. The communication dated January 10, 1972 from the Department of Law with respect to Council Resolution No. 1118-71 (status report on Parksite "FF" in Section 13, was received and filed for the information of the Council. 12682 By Councilman Ventura, seconded by Councilman Raymond, it was #52-72 RESOLVED, that having considered a report and recommendation dated October 7, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated October 4, 1971, the Council does hereby authorize Final Payment in the amount of $5,110.28 to A. & P. Construction Company, 28200 W. Seven Mile Road, Livonia, Michigan, which sum includes the full and complete balance due on a contract February 17, 1971 in the amount of $52,960.00 in connection with the construction of the Seven Mile Sanitary Sewer Extension in the North 1/2 of Section 7, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor's affidavit, waiver of lien and guaranty have been filed; further, the Council does hereby request that the Wayne County Road Commission approve payment of the aforesaid sum from the Surplus Funds of the 1964 Sanitary Sewer Bond Issue; and the 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: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #53-72 RESOLVED, that having considered the report and recommendation dated December 22, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated December 22, 1971, theCouncil does hereby authorize Final Payment in the amount of $1,501.00 to Universal Incinerator Corp., 21805 Schoenherr Road, Warren, Michigan, which sum includes the full and complete balance due on a contract dated August 5, 1971 in the amount of $7,900.00 in connection with the construction of a pathological incinerator for the City of Livonia, it appearing from the aforementioned report that all work under the said contract has been completed in accord- ance with City standards and specifications, and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed; and the 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: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was 12683 454-72 RESOLVED, that having considered a communication dated September 28, 1971 from the City Planning Commission which sets forth its resolution No. 9-245-71 with regard to Petition No. 71-8-1-53 submitted by Edward L. Marzka for Woodland Lanes for a change of zoning of a portion of Lot 210 of Supervisor's Plat No. 2 located south of Plymouth Road, west of Farmington Road in the Northeast 1/4 of Section 33, from RUF to P, and the Council having conducted a public hearing with regard to this matter on January 10, 1972, pursuant to Council resolution No. 1016-71, the Council does hereby concur with the recommendation of the Planning Commis- sion and the said Petition No. 71-8-1-53 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously L adopted, it was #55-72 RESOLVED, that having considered a communication dated September 28, 1971 from the City Planning Commission which sets forth its resolution No. 9-256-71 with regard to Petition No. 71-6-1-47 submitted by Steve and Anna Oliwek for a change of zoning on property located on the west side of Newburgh Road, south of Six Mile Road in the Northeast 1/4 of Section 18, from R-3-B to P.S., and the Council having conducted a public hearing with regard to this matter on January 10, 1972, pursuant to Council resolution No. 1016-71, the Council does hereby determine to table this matter pending the making of a decision with respect to the proposed rezoning to a new classification of adjacent property located immediately to the North and West of the subject property and which adjacent property is presently zoned R-3. By Councilman McCann, seconded by Councilman Brown, it was RESOLVED, that having considered a communication dated September 28, 1971 from the City Planning Commission which sets forth its resolution No. 9-244-71 with regard to Petition No. 71-8-1-50 submitted by James F. Finn and Michael J. Michael for a change of zoning of a portion of Lot 20E2a2a1 located on the east side of Levan, south of Five Mile Road in the Northeast 1/4 of Section 20, from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on January 10, 1972, pursuant to Council resolution No. 1016-71, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 71-8-1-50 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. 126&4 LA roll call vote was taken on the foregoing resolution with the following result: AYES: McCann and Brown. NAYS: Bennett, Ventura, Raymond and Nash. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Bennett, it was #56-72 RESOLVED, that having considered a communication dated September 28, 1971 from the City Planning Commission which sets forth its resolution No. 9-244-71 with regard to Petition No. 71-8-1-50 submitted by James F. Finn and Michael J. Michael for a change of zoning of a portion of Lot 20E2a2al located on the east side of Levan, south of Five Mile Road in the Northeast 1/4 of Section 20, from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on January 10, 1972, pursuant to Council resolution No. 1016-71, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 71-8-1-50 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 Lamended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Raymond and Nash. NAYS: McCann and Brown. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Brown, it was RESOLVED, that pursuant to provisions set forth in Article XXIII of Ordinance 543, as amended, the Council does hereby request the City Planning Commission, on its own motion, to conduct a public hearing and thereafter submit its report and recommendation to Council with respect to the possible rezoning of Parcel 20E1, located on the south side of Five Mile Road in the Northeast 1/4 of Sec: 20, from C-1 to R-2. A roll call vote was taken on the foregoing resolution with the following result: AYES• Bennett and Brown. NAYS: McCann, Ventura, Raymond and Nash. The President declared the resolution DENIED. 12685 By Councilman Brown, seconded by Councilman Ventura, it was #57-72 RESOLVED, that the City Planning Commission is hereby requested to submit its report and recommendation to Council with respect to the possible rezoning of Parcel 20E1, located on the south side of Five Mile Road in the Northeast 1/4 of Section 20, from its present C-1 to another more appropriate zoning classification. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond and Nash. NAYS: McCann. The President declared the resolution adopted. The item on the agenda with respect to Petition 71-4-1-25 of Iraj Rafani and Mohammed Rabbani for Six Mile Road north of Munger in Section 14 from RUF to P.S., was removed at the request of the petitioner, and will be considered at the regular meeting of the Council to be conducted on February 2, 1972. At 9:15 p. m., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. The following resolution was offered and supported at the regular meeting conducted on January 5, 1972: RESOLVED, that the Council does hereby determine to reconsider the action taken in Council resolution No. 1135-71, adopted on December 15, 1971, which denied Petition No. 69-7-1-23 submitted by John F. Dooley, Attorney for Gil Investment Company, Inc., for a change of zoning on the north side of Schoolcraft Road, east of Levan, in the Southeast 1/4 of Section 20 from C-1 to C-2. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann. NAYS: Bennett, Brown, Ventura, Raymond and Nash. The President declared the resolution DENIED. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was 12686 lbw #58-72 RESOLVED, that having considered communications dated December 16, 1971 from Mr. John F. Dooley, Attorney, and from his client the Chicago Mortgage Company with regard to Petition No. 70-10-1-37, the Council does hereby approve of the request made therein by the Petitioner to withdraw the said Petition from further consideration. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #59-72 RESOLVED, that having considered a communication dated December 28, 1970 from the City Planning Commission which sets forth its resolution No. 11-127-70 with regard to Petition No. 70-10-1-37 submitted by John F. Dooley, Attorney for Chicago Mortgage Company for a change of zoning on property located on the northeast corner of Schoolcraft and Levan Roads in the Southeast 1/4 of Section 20, from C-1 to P.S., the Council does hereby determine, in accordance with Paragraph (a) of Section 23.01 of Ordinance No. 543, as amended, on its own motion to request that the Planning Commission conduct a Public Hearing and thereafter submit a report and recommendation on the question of whether or not to rezone the entire parcel of vacant property located at the Northeast corner of Levan and Schoolcraft Roads from its present Zoning Classification as C-1 to P.S. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 15 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. 71-4-1-26 FOR CHANGE OF ZONING FROM C-2 AND P.L. TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, *Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. *Councilman Brown abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2-119 of the Livonia Code of Ordinances. Councilman Brown gave first reading to the following Ordinance: 12607 AN ORDINANCE AMENDING ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE" BY AMENDING SECTION 16.11 THEREOF OF ARTICLE XVI. (Petition No. 71-9-6-6) At the direction of the Chair, the proposed amendment to the Zoning Ordinance with respect to Petition 71-9-6-6, having been introduced by Councilman Brown, was referred to the Study Session to be conducted on January 24, 1972 for further consideration, and thereafter will be considered for roll call vote at the Regular meeting to be conducted on February 2, 1972. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #GO-72 RESOLVED, that the Council having considered a communication dated December 21, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Tiffany Park Subdivision No. 6 located in the West 1/2 of Section 19, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause 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 shothld 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 December 21, 1971 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 28, 1972 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 saia 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. L12688 By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #61-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 24, 1970 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 ornamental street lighting with underground wiring in Tiffany Park Subdivision No. 4 in Section 19, City of Livonia, Wayne County, Michigan, and public hearings having been held thereon on August 26, 1971 and January 10, 1972 pursuant to Council resolutions No. 224-71 and 1014-71, 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 observations of individuals in attendance at such hearings, the Council does hereby determine to proceed no further with the Special Assessment proceeding heretofore commenced for the proposed improvement. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #62-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 6, 1971 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 January 10, 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; (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installa- tion of ornamental street lighting with underground wiring in Parkridge Subdivision in Section 19, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improvement as set forth in said statement dated October 6, 1971, (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 Atm premises upon which special assessments shall be levied as follows: 12689 A special assessment district located in the N. W. 1./4 of Section 19, T. .1 S., R, 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as follows . Lots 1 through 43 both inclusive of Parkridge Subdivision of part of the N. W. 1/4 of Section 19, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated October 6, 1971, and, (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by 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. By Councilman Ventura, seconded by Councilman Brown, it was #63-72 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 103 for the installation of sidewalks on Merriman Road, north of Schoolcraft, in Section 22 and 23, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on January 10, 1972 at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of sidewalk improvements to be constructed in Special Assessment District No. 103; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE,BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated September 7, 1971 in the amount of $5,575.00, are fair and equitable and based upon benefits to be derived by construction of improve- ments proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 103 is hereby approved and confirmed in all respects; 12690 (3) the amount of said roll shall be divided into five (5) equal annual installments with interest at a rate not to exceed eight percent (8%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1972. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1972 and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty days (60) from December 1, 1972 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1972 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1972 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #�64-72 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 104 for the installation of sidewalks on Merriman Road north of Plymouth Road between Plymouth and Schoolcraft Roads in Section 26, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter 12691 and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, January 10, 1972 at 8:00 P. M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of sidewalk improve- ments to be constructed in Special Assessment District No. 104, and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated August 2, 1971. in the amount of $2,505.96 are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 104 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into five (5) equal annual installments with interest at a rate not to exceed eight percent (8%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1972. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1972 and subsequent install- ments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1972 pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1972 City Tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1 1972 and thereafter one (1) installment shall be spread upon 12692 each annual tax roll together with one (1) year's interestupon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Raymond and Nash. NAYS: Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann, it was #65-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 17, 1970 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 installation of sidewalks on Merriman Road south of Plymouth Road in Section 35, City of Livonia, Wayne County, Michigan, and public hearings having been held thereon on June 14, 1971 and January 10, 1972 pursuant to Council resolutions No. 385-71 and No. 1013-71, 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 observations of individuals in attendance at such public hearings, the Council does hereby determine to proceed no further with the Special Assessment proceeding heretofore commenced for the proposed improvement. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Ventura and Raymond. NAYS . Brown and Nash. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Bennett, it was *66-72 RESOLVED, that having considered the report and recommendation dated December 28, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of the subdivision the Financial Assurances previously deposited with respect to the General Improvement Bond in the amount of $3,500.00 and the Sidewalk Bond in the amount of $22,000.00 deposited with the City in accordance with Council Resolution No. 443-67 adopted on May 1, 1967, as thereafter subsequently 12693 amended in Council Resolutions No. 1288-67 and No. 328-68, to guaranty the satisfactory installation of improvement in Country Homes Estates Subdivi- sion No. 3; further, the Council does hereby determine, in accordance with the recommendation of the Engineering Division, to approve waiver of the Improvement Plan Requirement to provide for the placement of four (4) foot high fences on either side of the public walkways leading to the parksites in the area, and the Council does also authorize the refund of the sum of $237.22 from the "Tree Fund" in accordance with and for the reasons set forth in the recommendation of the Engineering Division, it appearing from the aforementioned report of the City Engineer that all required improve- ments have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia; and the 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: McCann, Bennett, Brown, Ventura, Raymond and Nash., NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #67-72 RESOLVED, that the communication dated January 4, 1972 from Joseph J. Bargagna, 4334 Somerville Avenue, Orchard Lake, Michigan, requesting approval of an application for a Class C license for his business center at 28277 Plymouth Road, Livonia, Wayne County, Michigan, is hereby referred to the Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Raymond and Nash. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'no' vote is cast because I feel that the petitioner should be given the opportunity to appear before this Council and present his plans. By Councilman Raymond, seconded by Councilman Ventura, it was #68-72 RESOLVED, that having considered a communication from the Budget Director dated December 13, 1971, approved for submission by the Mayor, with respect to bids for Service Maintenance Agreement for the City's office machines, the Council does hereby accept the bid of Gilson-Ayres, Inc., 14544 Third Avenue, Detroit, Michigan, in the amount of $5,715.35 for providing the City with this service, the same having been in fact the second lowest bid received with respect to this item, thereby rejecting the low bid, the Council having taken this action based upon reasons which were considered at its Committee of the Whole meeting conducted on January 11, 1972. 126„ LA roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #69-72 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 Brown, seconded by Councilman Bennett, it was #70-72 RESOLVED, that having considered a communication from the Budget Director dated December 22, 1971, approved by the Mayor, with regard to funds necessary for the position of Administrative Assistant to the Mayor, the Council does hereby authorize the transfer of the sum of $13,500.00 from Account No. 277-838, Legislative Affairs-Washington in the following amounts to the following accounts. To Account No. 173-704, Executive Salaries, the sum of $11,960.00 and to Account No. 173-715, Executive Employee Benefits, the sum of $1,540.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Raymond and Nash. NAYS: Ventura. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Ventura, it was RESOLVED, that having considered the report and recommendation of the Legislative Committee submitted pursuant to Council resolution No. 551-70, the Council does hereby request the Department of Law to prepare an appropriate ordinance or ordinance amendment which would purport to prohibit the placing of political signs in the front, side or rear yard of any residentially zoned property which has constructed thereon a residential dwelling, such prohibition not to be made applicable to vacant and used residential property. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann and Ventura. LNAYS: Bennett, Brown, Raymond and Nash. The President declared the resolution DENIED. 12695 L By Councilman Ventura, seconded by Councilman Raymond, it was #71-72 RESOLVED, that having considered a report and recommendation dated January 12, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, and the architect's certificate as well as the attached final estimate dated December 27, 1971, the Council does hereby authorize Final Payment in the amount of $4o,662.06 to Hickson-Costigan, Incorporated, which sum includes the full and complete balance due on a contract dated December 2, 1970, in the amount of $407,307.00 in connection with the Architectural Trades for the Livonia District Court Building, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed; and the 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: McCann, Bennett, Ventura, Brown, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, and unanimously Ladopted, this 727th regular meeting of the Council of the City of Livonia was duly adjourned at 10:25 P. M. , January 19, 1972. 4 .MM. . ADDISON W. BA77410Clerk. L