HomeMy WebLinkAboutCOUNCIL MINUTES 1968-07-17 9699
LMINUTES OF THE SIX HUNDRED FOURTEENTH REGULAR MEETING
OF THE COUNCIL OF THE CITY OF LIVONIA
On July 17, 1968, the above meeting was held at the City Hall, 33001 Five
Mile Road, Livonia, Michigan, and was called to order by the Vice-President of the
Council at approximately 8:10 P. M. . Councilman Kleinert delivered the invocation.
Roll was called with the following result: Present--Robert E. McCann, Rudolf R.
Kleinert, Peter A. Ventura, Jerry Raymond and Robert F. Nash. Absent--Edward H.
McNamara and Edward G. Milligan.
Elected and appointed officials present: Addison W. Bacon, City Clerk; Steve
Polgar, City Attorney; Harry C. Tatigian, Chief Assistant City Attorney, James R.
McCann, Municipal Judge; Marie Talbot, Court Clerk; Robert A. Shaw, Director of Public
Works; David L. Jones, Water and Sewer Commissioner; John T. Dufour, Superintendent
Lof Parks and Recreation; William J. Strasser, City Engineer, Donald Nicholson,
Director of Public Safety, Dan Andrew, Industrial Coordinator; Don Hull, City Planner;
James Jordan, Police Chief; Calvin Roberts, Fire Chief; Henry Sieferd, City Assessor;
Carl Demek, Superintendent of Operations Division; Victor C. Phillips, Budget
Director; Thomas J. Griffiths, Jr. , Chief Accountant; Kenneth W. Kampman, Director
of Civil Defense; Richard Simpson, Traffic Commission, Raymond Danaher, Budget
Analyst, Robert Colomina, Planning Commission, and John Stymelski of the Traffic
Commission.
By CouncilmAn Ventura, seconded by Councilman Raymond, and unaniaously
adopted, it was
#743-68 RESOLVED, that the minutes of the 613th regular meeting of the
Council of the City of Livonia, held June 26, 1968 are hereby approved as
revised.
Lit was Ventura, seconded by Councilman Nash, and unanimously
adopted,
#744-68 RESOLVED, that the communications from the Mayor listed below are
hereby referred to the next study session of the Council to be held on
July 24, 1968-
9700
1. Traffic Signal Light at Inkster and Grantland (CR#615-68).
2. Lights in Various Park Sites (CR#616-68).
3. Emergency Library Personnel Appropriation (CR#623-68).
4. Transfer of Funds in the City Planning Department (CR#674-68).
5. Installation of Underground Sprinkling Systems (CR#702-68).
By Councilman Kleinert, seconded by Councilman Nash, it was
#745-68 WHEREAS, the City of Livonia has an active Civil Defense Organi-
zation eligible to participate in the Federal Surplus Property Program;
and
WHEREAS, it is a requirement of law that a resolution be adopted
by the governing body of the City of Livonia specifically designating the
individual to be responsible for accepting the federal surplus property
on behalf of this community, and empowering and authorizing such individual
to sign for such surplus property so received; and
WHEREAS, Mr. Kenneth W. Kampman is the Director of Civil Defense
for the City of Livonia;
NOW, THEREFORE, BE IT RESOLVED:
1. That the Council of the City of Livonia does hereby designate
Mr. Kenneth W. Kampman, Director of Civil Defense, 15050 Farmington Road,
Livonia, as the individual responsible for accepting federal surplus
property, with the full power and authority to sign for surplus property
so received,
2. That money is available to pay the service charges on surplus
property received; and
3. That Mr. Kenneth W. Kampman is further authorized to pay and/
or to direct the payment of such surplus property service charges in order
to complete such transactions and in order to carry out all of his duties
and responsibilities in connection with the Federal Surplus Property Pro-
gram 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 : Kleinert, Ventura, Raymond, Nash and McCann.
NAYS: None.
*The Vice-President relinquished the Chair to Councilman Nash and was
excused at 8:17 P. M.
By Councilman Raymond, seconded by Councilman Ventura, it was
#746-68 RESOLVED, that in accordance with the provisions of State Law
(Sections 600.101, et seq. of the Compiled Laws of 1948 as amended), the
Council does hereby determine that effective January 1, 1969 the two
Judges of the District Court to be established in the City of Livonia
(16th District) shall each receive a total salary in the amount of
$27,500 per year, of which annual salary the sum of $18,000 shall be pay..
able by the State of Michigan and the sum of $9500 shall be payable by the
City of Livonia with respect to each Judge.
9701
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Ventura, Raymond and Nash.
NAYS : Kleinert.
The Chairman declared the resolution adopted.
*Vice-President McCann returned at 8.25 P. M.
By Councilman Nash, seconded by Councilman Raymond, and unanimously
adopted, it was
#741-68 RESOLVED, that the Council does hereby amend council resolution
#689-68, adopted on June 12, 1968, so as to have the same read as follows-
RESOLVED, that the Council does hereby request that the City
Planning Commission, in accordance with the provisions set forth in Article
XXIII of the Zoning Ordinance, Ordinance No. 543, as amended, conduct a
Public Hearing and thereafter submit its report and recommendation to the
City Council with regard to a proposed revision of Section 11.03(h) of the
said Ordinance so as to amend and revise the same in the following manner:
Paragraph (h) of Section 11.03 to read as follows:
(h) Class C Liquor licensed establishments, provided that such
use shall not be located within one thousand (1,000) feet of any other
Class C licensed establishment as measured from the actual premises being
used or proposed for such use of the respective property; provided, how-
ever, that with respect to those Class C liquor licensed establishments
which are utilized primarily as restaurants or for dining facilities the
foregoing one thousand (1,000) foot requirement may be waived by the City
Council.
By Councilman Nash, seconded by Councilman Kleinert, it was
#748-68 RESOLVED, that having considered a letter from the Michigan Liquor
Control Commission dated May 31, 1966 and the report and recommendation of
the Director of Public Safety dated May 29, 1968 in connection therewith,
the Council does hereby approve of the request from Roman Fracala for a
new Dance Permit to be held in conjunction with existing 1968 Class C
license at 28001 W. Seven Mile Road, Livonia, Michigan; 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: Kleinert, Ventura, Raymond, Nash and McCann.
NAYS: None.
9702
Councilman Ventura introduced the following Ordinance:
1. AN ORDINANCE AMENDING CHAPTER II OF ORDINANCE
NO. 145, AS AMENDED, OF THE CITY OF LIVONIA,
KNOWN AND CITED AS THE "MISDEMEANOR ORDINANCE"
BY ADDING SECTION 2.__ THERETO.
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 Raymond, seconded by Councilman Kleinert, it was
RESOLVED, that the "Stop and Frisk" Ordinance is hereby referred
to the next study session of the Council.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Kleinert.
NAYS: Ventura, Nash and McCann.
The Vice-President declared the resolution denied.
*Councilman Raymond was excused at 8:35 P. M., prior to the roll call
of the above resolution, for the remainder of the meeting.
Councilman Nash took from the table for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE
NO. 176 OF THE CITY OF LIVONIA ENTITLED, "AN
ORDINANCE TO PROVIDE FOR THE CARE OF FIRE
HYDRANTS AND WATER PIPES; TO FORBID USE OF
HYDRANTS OR WITHDRAWAL OF WATER WITHOUT
PROPER AUTHORIZATION, TO REGULATE THE PER-
MISSIVE USE OF HYDRANTS AND WITHDRAWAL OF
WATER THEREFROM, INCLUDING THE ISSUANCE OF
PERMITS, FIXING OF RATES, AND TNSPECTION FOR
DAMAGE, AND TO PROVIDE PENALTIES FOR VIOLATION
HEREOF", introduced by Councilman Raymond on
June 26, 1968.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Kleinert, Ventura, Nash and McCann.
NAYS : None.
The Vice-President declared the foregoing Ordinance duly adopted and would become
effective on publication.
9703
Councilman Nash took from the table for second reading and adoption, the
Lfollowing Ordinance:
AN ORDINANCE AMENDING ARTICLES I, III, IV,
V, VIII, XI AND XVII OF ORDINANCE NO. 549, AS
AMENDED, OF THE CITY OF LIVONIA, KNOWN
AND CITED AS THE "TRAFFIC ORDINANCE," BY
AMENDING SECTION 1.71, 3.3, 4.5, 4.13, 5.4,
5.5, 8.4, 11.4, 17.12, 17.17 and 17.23 THEREOF
AND BY REPEALING SECTION 4.3 THEREOF, introduced
by Councilman Raymond on June 26, 1968.
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES: Kleinert, Ventura, Nash and McCann.
NAYS: None.
The V-President declared the foregoing Ordinance duly adopted and would become
effective on publication.
By Councilman Ventura, seconded by Councilman Nash, it was
#749-68 RESOLVED, that having considered a letter dated June 7, 1968
from Jack W. Perlman, attorney for the Himander Company the developers
of Beatrice Gardens Subdivision located in the Northeast 1/4 of Section
8, City of Livonia, Michigan, with respect to the status of the improve-
ments in the said subdivision and the general improvement bond authorized
in council resolution #742-64, adopted on September 9, 1964, and having
also considered the report and recommendation of the City Engineer with
respect to this matter, the Council does hereby determine to release
Himander Company from the obligation and further responsibility with
respect to the required public improvements in the said subdivision, on
the basis set forth in the aforesaid communication from Mr. Perlman that
the $10,000 Cash General Improvement Bond shall be forfeited to the City
as well as the $2,000 Cash Ditch Maintenance Bond as full settlement in
this regard to be used by the City for the purpose of undertaking the
correction and replacement of such work as may be necessary; and further,
the Council does hereby authorize the expenditure of the sum of $830 from
the aforesaid sum to be made to the Beatrice Gardens Subdivision Civic
Association for the purpose of helping to defray the cost involved in the
sodding and improving of certain islands in the said subdivision, subh
payment to be made by the City Clerk upon certification by the Director
of Public Works that such work has in fact been done by the said Civic
Association, 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 : Kleinert, Ventura, Nash and McCann.
NAYS : None.
970+
By Councilman Kleinert, seconded by Councilman Nash, and unanimously
Ladopted, it was
#750-68 RESOLVED, that having considered a letter from the Michigan Liquor
Control Commission dated May 9, 1968 and the report and recommendation
dated May 28, 1968 from the Director of Public Safety in connection
therewith, the Council does hereby determine to take no action with regard
to this matter since such License has already been issued by the Michigan
Liquor Control Commission and the question in this regard is now moot.
By Councilman Kleinert, seconded by Councilman Nash, it was
#75i-68 RESOLVED, that the communication dated June 11, 1968 from the
Michigan Liquor Control Commission with respect to an application received
from Thompson Food Enterprises, Inc. , of 1006 Detroit Bank and Trust
Building, Detroit, Michigan, for a new full year Tavern License to be
located at 29000 Plymouth Road, Livonia, 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: Kleinert, Nash and McCann.
NAYS: Ventura.
The Vice-President declared the resolution adopted.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#752-68 RESOLVED, that having considered a letter dated June 13, 1968
from Philip H. Power, Publisher, Observer Newspapers, Inc., wherein a
request is made for the re-designation of The Livonia Observer as the
official newspaper for the City of Livonia for the ensuing year, the
Council does hereby request that the Publishers of all interested news-
papers meet with the Council for the purpose of discussing this matter;
and the City Clerk is hereby requested to make the arrangements for such
meeting.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#753-68 RESOLVED, that having considered a communication dated May 2,
1968 from the City Planning Commission which sets forth its resolution
#4-45-68 in regard to Petition #68-3-2-3, as submitted by Pure Oil Division
of the Union Oil Company of California, requesting permission to construct
and operate a gasoline service station as a waiver use on property located
at the northeast corner of Seven Mile Road and Newburgh Road in Section 5,
which property is zoned C-2, and the Council having conducted its public
hearing with regard to this matter on June 17, 1968, pursuant to council
resolution #513-68, and the Council having considered petitions submitted
with respect to this matter by residents living in the area as well as a
9705
communication dated May 3, 1968 from the Union Oil Company of California,
the Council does hereby determine to refer this matter to the next
regular meeting of the Council, to be held July 24, 1968.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#754-68 RESOLVED, that the Council having considered the report and
recommendation of the City Engineer dated April 26, 1968, approved by
the Director of Public Works, and approved for submission by the Mayor,
with respect to the proposed improvement consisting of the completion
of the pavement on the west side of Henry Ruff Road immediately north of
Lyndon Avenue (northwest corner)in the City of Livonia, and the Council
having conducted a public hearing with respect to this matter on June 17,
1968, the Council does hereby refer the same back to the City Engineer
for the purpose of enlarging the district so as to include the north side
of Lyndon Avenue, which matter shall be further considered, upon submis-
sion to the Council, at a new Public Hearing to be conducted for this
purpose.
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#755-68 RESOLVED, that having considered a communication from the City
Engineer dated April 15, 1968, approved by the Director of Public Works
and approved for submission by the Mayor, with respect to the proposed
improvement of Purlingbrook Avenue from the south line of the proposed
Patrick McNamara Towers Senior Citizens Housing site to St. Martins
Avenue in the South 1/2 of Section 2, City of Livonia, Wayne County,
Michigan, and the Council having conducted a public hearing with respect
to this matter on June 17, 1968, the Council does hereby refer the same
back to the City Engineer for the purpose of enlarging and expanding the
proposed improvement and Special Assessment District which matter shall be
further considered, upon submission to the Council, at a new Public Hear-
ing to be conducted for this purpose.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#756-68 RESOLVED, that having considered a letter dated June 4, 1968
from certain residents of Kingsbury Court in the Blue Grass Farms Sub-
division, with respect to the installation of street lighting in this
area, the Council does hereby refer the same to the Department of Law and
the Engineering Division for their respective reports and recommendations
relative to such lighting in the area, the type as well as possible
modifications of the same.
By Councilman Nash, seconded by Councilman Kleinert, it was
97C6
#757-68 RESOLVED, that having considered a communication dated May 16,
1968 from the Operations Division of the Dept. of Public Works, approved
by the Director of Public Works and approved for submission by the Mayor,
wherein a request is made for funds to cover the cost of the installation
of water taps on certain boulevards and cul-de-sacs, previously approved
by the City Council, the Council does hereby refer this matter to the
Water and Sewer Board for its report and recommendation relative to the
possible use of moneys which may be available in the Water and Sewer
Budget to finance the subject water tap installations as well as to
revise Paragraph 4 of the Policy Statement set forth in council resolution
#28-68 in this manner.
A roll call vote was taken on the foregoing resolution with the following result•
AYES : Kleinert, Ventura, Nash and McCann.
NAYS : None.
By Councilman Kleinert, seconded by Councilman Ventura, it was
#758-68 RESOLVED, that having considered a communication dated June 3,
1968 from the Director of Civil Defense, approved for submission by the
Mayor and the Budget Director, relative to certain uniform needs of
members of the Office of Civil Defense, the Council does hereby authorize
the transfer of $200 from Civil Defense Training Acct. #166-28 to Civil
Defense Uniform Acct. #166-59 for this purpose.
A roll call vote was taken on the foregoing resolution with the following result
AYES • Kleinert, Ventura, Nash and McCann.
NAYS : None.
By Councilman Ventura, seconded by Councilman Kleinert, it was
RESOLVED, that having considered a communication from the
Department of Law dated May 22, 1968, submitted pursuant to council
resolution #366-68, as well as a letter dated June 18, 1968 from Mahlen
Land Corp., as well as a communication dated June 29, 1968 from Elvin D
Dougherty, relative to a request made by the Mahlen Land Corp. to divide
Parcel 22AA2a, located in Section 22, into three parcels, the Council
does hereby determine to deny such request.
By Councilman Nash, seconded by Councilman McCann*, it was
RESOLVED, that having considered a communication from the
Department of Law dated May 22, 1968, submitted pursuant to council
resolution #366-68, as well as a letter dated June 18, 1968 from Mahlen
Land Corp. , as well as a communication dated June 29, 1968 from Elvin D.
Dougherty, relative to a request made by the Mahlen Land Corp. to divide
Parcel 22AA2a, located in Section 22, into three parcels, the Council
does hereby table this matter until such time as Mr. Pastor is present.
9707
A roll call vote was taken on the tabling resolution with the following result
AYES : McCann and Nash.
NAYS: Kleinert and Ventura.
The Chairman declared the tabling resolution denied.
*The Vice-President relinquished the Chair to Councilman Nash, to support
the foregoing resolution and thereafter resumed the Chair.
A roll call vote was taken on the original resolution with the following result:
AYES: Kleinert and Ventura.
NAYS: Nash and McCann.
The Vice-President declared the resolution denied.
By Councilman Ventura, seconded by Councilman Nash, it was
RESOLVED, that the Mayor and City Clerk be requested to make
application to the Michigan Municipal Finance Commission in order to
sell Tax Anticipation Notes to provide funds necessary to provide City
Lservices.
A roll call vote was taken on the foregoing resolution with the following result
AYES: Ventura and Nash.
NAYS: Kleinert and *McCann.
The Vice-President declared the resolution denied.
*Vice-President McCann made the following statement: "My 'no' vote was
cast inasmuch I feel that the Mayor and the City Clerk would be able to come up
with constructive ideas as to how to overcome this difficulty".
By Councilman Nash, seconded by Councilman Kleinert, it was
#759-68 RESOLVED, that having considered a communication dated June 11,
1968 from the Director of Public Safety, approved by the Mayor and the
Budget Director, with respect to additional adjustments to be made in the
budget of the Police Division relative to the payment of compensation for
overtime, the Council does hereby authorize the transfer of $26,244 from
the Reserve for Contingencies Acct. to Police Acct. #189-0T-Auxiliary
Services, for this purpose.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Nash and McCann.
NAYS: *Ventura.
The Vice-President declared the resolution adopted.
9708
-Councilman Ventura made the following statement "My 'no' vote was cast
as I feel that you cannot transfer money from an account that does not have the
funds in it".
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#760-68 RESOLVED, that the item on the agenda relative to the appointment
of Mrs. Myra Chandler, Donald C. Pollock and Robert Colomina to the
Planning Commission be tabled until such time as all members of the
Council are present.
By Councilman Nash, seconded by Councilman Kleinert, it was
#761-68 RESOLVED that, Rouge Building Company, 26011 Evergreen Road,
Southfield, Michigan 48075, as proprietors, having requested the City
Council to approve the proposed preliminary plat of the following
subdivision: Levan Heights Subdivision No. 2, located in the N.E. 1/4 of
Section 20, City of Livonia, the sEid proposed preliminary plat being
dated February 20, 1968; 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 February 20, 1968; 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 May 13, 1968; 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 Plat Ordinance,
Ordinance No. 500, as amended; the subdivision regulations of the Planning
Commission; the regulations and specifications of the Department of Public
Works and the development plans submitted by the proprietor and approved
by such 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 in the time and manner provided in the
said Plat Ordinance, as amended;
(3) That the installation of 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 7.03
of said Plat Ordinance, as amended,
9709
(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:
Trees $1,074.53
Traffic Control Signs 76.50
Plan review, field inspection and
administration (5% before contingencies ) 4,182.66
(6) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive final approval of the City Planning
Commission as evidence that such plat is in compliance with existing
subdivision regulations,
(7) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City Council
within two (2) years from the effective date of this resolution; the City
Council shall approve final plats of the aforesaid proposed subdivision
if drawn in substantial conformity with the proposed plat as approved
herein and provided there has been compliance with all other requirements
of the Plat Act, Plat Ordinance, and this resolution.
(8) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements, the proprietor may
file with the City of Livonia, surety bond, certified check, cash bond
or other financial assurance in such form as may be approved by the
Department of Law, guaranteeing the satisfactory installation of all such
improvements, utilities and grading by the proprietor within the prescrib-
ed period; that in the event the proprietor elects to deposit such
financial assurances, the same shall be in the following amounts:
General Improvement Bond - $84,000.00, of which at least
8,400.00 shall be in cash.
Sidewalk Bond - 8,000.00, of which at least
4,000.00 shall be in cash.
(9) That the distribution lines for telephones and electric
service are to be placed underground and ornamental street lights are to
be provided throughout the subdivision, in accordance with City
Ordinances.
(10) At the request of the proprietor, Lot 53 as shown on the
plat as submitted, is hereby deleted, and shall not be considered to be
part of the plat as herein approved.
A roll call vote was taken on the foregoing resolution with the following result:
LAYES: Kleinert, Nash and McCann.
NAYS: Ventura.
The Vice-President declared the resolution adopted.
9710
By Councilman Nash, seconded by Councilman*McCann, it was
#762-68 RESOLVED that, Anthony J. Margiotta, 14489 Park Avenue, Livonia,
Michigan 48154, as proprietors, having requested the City Council to
approve the proposed preliminary plat of the following subdivision:
H. E. Mallon Subdivision No. 1, located in the East 1/2 of Section 3,
City of Livonia, the said proposed preliminary plat being December 11,
1967; 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 January 16, 1968; 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
June 4, 1968; 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 Plat Ordinance,
Ordinance No. 500, as amended; the subdivision regulations of the Planning
Commission; the regulations and specifications of the Department of Public
Works and the development plans submitted by the proprietor and approved
by such 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 in the time and manner provided in the
said Plat Ordinance, as amended;
(3) That the installation of 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 7.03
of said Plat Ordinance, as amended;
(4) That the Proprietor enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period of time and
in the prescribed manner, all improvements required to the extent required
by the City of Livonia and as shown on the approved development plans,
(5) That the following cash payments be made to the City-
Trees $280.00
Traffic Control Signs 22.50
Plan review, field inspection and
administration (5% before contingencies) 195.00
Monuments & Markers (Escrow Deposit to be
returned to the proprietor after Monuments
& Markers are in place) 370.00
ira (6) That the final true record plat of the aforesaid subdivision
shall be submitted and must receive final approval of the City Planning
Commission as evidence that such plat is in compliance with existing
subdivision regulations;
9711
(7) That the final true plat of the aforesaid subdivision shall
be submitted and must receive the final approval of the City Council
within two (2) years from the effective date of this resolution; the City
Council shall approve final plats of the aforesaid proposed subdivision
if drawn in substantial conformity with the proposed plat as approved
herein and provided there has been compliance with all other requirements
of the Plat Act, Plat Ordinance, and this resolution.
(8) That, for the purpose of obtaining approval of final plats
prior to the completion of all required improvements, the proprietor may
file with the City of Livonia, surety bond, certified check, cash bond
or other financial assurance in such form as may be approved by the
Department of Law, guaranteeing the satisfactory installation of all
such improvements, utilities and grading by the proprietor within the
prescribed period; that in the event the proprietor elects to deposit such
financial assurances, the same shall be in the following amounts:
General Improvement Bond - $1,760.00, of Bch at least
176.00 shall be in cash.
Sidewalk Bond - 2,530.00, of which at least
2,000.00 shall be in cash.
(9) That the distribution lines for telephones and electric
service are to be placed underground and ornamental street lights are to
be provided throughout the subdivision, in accordance with City Ordinances.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Kleinert, McCann and Nash.
NAYS : Ventura.
The Vice-President declared the resolution adopted.
*The Vice-President relinquished the Chair to support the above motion
and thereafter resumed the Chair.
By Councilman Ventura, seconded by Councilman Kleinert, and unanimously
adopted, it was
#761-\-68 RESOLVED, that having considered a communication dated May 9,
1968 from William N. Ponder, attorney, in behalf of his client, Charles J.
Gillies, relative to certain technical problems in connection with the
proposed apartment building, as well as the construction of storm drain
sewers relating to the same, the Council does herebyrrefer this matter
to the pureau of Inspection and the Engineering Division for their
respective reports and recommendations.
By Councilman Nash, seconded by Councilman Kleinert, and unanimously
adopted, it was
9712
#764-68 RESOLVED, that having considered a communication from the
Industrial Coordinator of the Industrial Development Commission, dated
March 18, 1968, approved for submission by the Mayor, with respect to the
establishment of a policy by this Council regarding the issuance of liquor
licenses to major motel firms in connection with the construction of
new major motel facilities in Livonia, Michigan, the Council does hereby
determine to table this matter to a study session when all members of the
Council are present.
By Councilman Kleinert, seconded by Councilman Ventura, it was
#765-68 RESOLVED, that having considered a communication from the Parks
and Recreation Commission dated May 20, 1968, approved by the Budget
Director, and approved for submission by the Mayor, which transmits a
resolution adopted by the Commission on May 14, 1968 wherein it is
recommended that the Council authorize the installation of a primary
electrical system, in lieu of the secondary electrical system previously
authorized in council resolution #1014-67, for installation at the Henry
Ford Field's new Recreation Center, at a cost of $9,521.00, the Council
does hereby determine to concur in the recommendation set forth in the
aforesaid communication and does hereby authorize Gillis Electric Co.
to add the said underground work to the existing contract between that
Company and the City at a cost of $3,521.00, further, the Council does
hereby authorize the purchase from The Detroit Edison Co. of the existing
Pad-Mount Transformer as well as a new one to be located at the said
Recreation Center for a sum not to exceed $6,000.00, and further, the
Council does hereby authorize the expenditure of the sum of $9521 from
the General Obligation Parks and Recreational Facilities Bonds for these
purposes, and the Mayor, City Clerk, and the City Treasurer are hereby
authorized to do all things necessary for and on behalf of the City of
Livonia in order to fulfill the purposes of this resolution.
A roll call vote was taken on the foregoing resolution with the following result:
AYES : Kleinert, Ventura, Nash and McCann.
NAYS : None.
At 9:24 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, with the exception of Councilman Raymond.
Items 20, 21 and 22 on the agenda, relative to proposed amendments to
Ordinance #449 (Building Code Ordinance), were referred to the next regular meeting
to be held July 24, 1968.
By Councilman Kleinert, seconded by Councilman Nash, it was
9713
#766-68 RESOLVED, that having considered a letter dated May 17, 1968
from the Industrial Coordinator, approved for submission by the Mayor,
in regard to a revision of the Detroit News Advertising Contract which
was previously authorized in council resolution #1091-67, the Council
does hereby authorize the Industrial Coordinator to continue the subject
advertising program upon settlement of the newspaper strike, which pro-
gram shall consist of twenty-six 2-column by 3 inch advertising in the
Sunday Industrial Real Estate Section of the Detroit News for a total
cost of $2,886.88 ($110.88 per insertion), pursuant to the provisions of
the proposed Retail Advertising Contract submitted; and the Mayor and
City Clerk are hereby authorized to execute the proposed Retail Advertis-
ing Contract for and on behalf of the City of Livonia.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Ventura, Nash and McCann.
NAYS: None.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#767-68 RESOLVED, that the Council does hereby determine to refer the
matter of the paving and drainage of Doris Avenue in Section 14, from
Five Mile Road to Puritan, to the next regular meeting of the Council to
be held July 24, 1968.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#768-68 RESOLVED, that the Council does hereby determine to refer the
Street Lighting Installation for the Franklin Square Apartments, as well
as Lancaster, Garden & Cavour Avenues in Section 13, to the next regular
meeting to be held July 24, 1968.
By Councilman Ventura, seconded by Councilman Nash, it was
#769-68 RESOLVED, that having considered a communication dated June 10,
1968 from the Asst. City Engineer and the Industrial Coordinator, approved
by the Director of Public Works and the City Engineer, and approved for
submission by the Mayor, relative to the proposed Industrial Road from
Stark Road to Levan Road, the Council does hereby request that the Depart-
ment of Law prepare all necessary resolutions, for submission to Council,
in connection with such condemnation proceedings as may be necessary for
the acquisition of right-of-way in connection with this project as well
as the employment of expert appraisers in this regard; further, the
Department of Law, the Industrial Coordinator and the Engineering Division
are hereby requested to proceed with obtaining the dedication of right-
of-way with respect to this project in accordance with the manner indicat-
ed in the aforesaid communication; and further, the Budget Director and
the Department of Public Works are hereby requested to advertise and take
bids relating to the clearing and grubbing of the proposed right-of-way
as well as the installation of sanitary sewers, in accordance with the
provisions set forth in the Financial Ordinance, Ordinance No. 216, as
amended.
97,4
A roll call vote was taken on the foregoing resolution with the following result:
AYES : Kleinert, Ventura, Nash and McCann.
NAYS: None.
The following preamble and resolution were offered by Councilman Kleinert
and supported by Councilman Nash:
#770-68 WHEREAS, the City Council of the City of Livonia, County of
Wayne, Michigan, intends to authorize the issuance of special assessment
bonds in an amount not to exceed One Hundred Thirty Thousand ($130,000.00)
Dollars, for the purpose of defraying the special assessment district's
share of the cost of constructing street improvements in Special Assess-
ment District No. 59;
AND WHEREAS, notice of intent to issue bonds must be published
at least thirty (30) days before adoption of a resolution authorizing
the issuance of the same in order to comply with the requirements of
Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Clerk is hereby authorized and directed to publish
a notice of intent to issue bonds in the Livonia Observer of Livonia,
Michigan, a newspaper of general circulation in the City of Livonia.
2. Said notice of intent so published shall be in substantially
the following form:
NOTICE OF INTENT TO ISSUE BONDS
PLEASE TAKE NOTICE that the City Council of the
City of Livonia intends to adopt a resolution authorizing the
issuance of special assessment bonds of the City in an amount
not to exceed $130,000.00, for the purpose of defraying the
special assessment district's share of the cost of constructing
street improvements in Special Assessment District No. 59.
Said special assessment bonds, in addition to special
assessments, shall pledge the full faith and credit of the
City of Livonia.
This Notice is given pursuant to the requirements of
Section 5(g) of Act 279, Public Acts of Michigan, 1909, as
amended.
City Clerk
3. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution be and the same hereby
are rescinded.
9715
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Ventura, Nash and McCann.
NAYS: None.
The communication dated June 5, 1968 from the Department of Law, submitted
pursuant to council resolution #283-68, was received and filed for the information
of the Council.
By Councilman Nash, seconded by Councilman Kleinert, and unanimously
adopted, it was
#771-68 RESOLVED, that having considered a communication from William N.
Ponder, attorney, dated December 6, 1963, regarding the erection of a
permanent memorial to the late President John F. Kennedy, the Council does
hereby refer the same to the Capital Improvement Committee for its report
and recommendation.
By Councilman Nash, seconded by Councilman Kleinert, and unanimously
Ladopted, it was
#772-68 RESOLVED, that the two proposed Charter amendments as set forth
in resolutions attached to the communication from the Department of Law
dated November 17, 1965, relative to terms for elected offices and require-
ments for Appointive Office, be referred to the Department of Law for
the purpose of revising and updating the same so as to make current the
provisions therein.
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#773-68 RESOLVED, that having considered a communication from the City
Clerk dated June 7, 1968 relative to improving the public address system
in the area of the City Hall utilized by the City Council in conducting
its public meetings, the Council does hereby determine to table this
matter until such time as correspondence is received from the Budget
Director as to moneys available for this purpose.
By Councilman Ventura, seconded by Councilman Kleinert, it was
#7?4-68 RESOLVED, that having considered a communication from the Water
and Sewer Board dated May 27, 1968, approved for submission by the Mayor,
which transmits its resolution WS 1074 5/68, the Council does hereby concur
in the recommendation submitted by the Water and Sewer Board as well as
the recommendation of the Engineering Division, and the bids received with
respect to the 1968 Miscellaneous Sanitary Sewer Extensions Program on
May 15, 1968 are hereby rejected for the reasons indicated in the communi-
cation from the Engineering Division, dated May 20, 1968, attached to the
9716
aforesaid communication from the Water and Sewer Board; further, the
Council does hereby authorize the dividing of the said 1968 Miscellaneous
Sanitary Sewer Extensions Program into smaller sections on a priority
basis and does authorize the taking of new bids with respect to each of
the sections in the manner recommended by the Water and Sewer Board.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Kleinert, Ventura, Nash and McCann.
NAYS: None.
The communication dated May 23, 1968 from the Planning Commission relative
to their "Progress Report", was received and filed for the information of the Council.
By Councilman Ventura, seconded by Councilman Nash, it was
RESOLVED, that having considered a communication dated June 25,
1968 from the City Assessor, approved for submission by the Mayor, which
transmits a request for a lot split submitted by Anthony J. Margiotta,
H. E. Mallon Company in Section 3 of the City of Livonia, the Council
does hereby determine to deny such request for the reasons set forth.:
in communications from the Building Inspector &ad the City Planner
relative to deficiency of depth requirements.
A roll call vote was taken on the foregoing resolution with the following result•
AYES: Ventura and Nash.
NAYS: Kleinert and McCann.
The Vice-President declared the resolution denied.
By Councilman Kleinert, seconded by Councilman Nash, it was
#775-68 RESOLVED, that having considered a communication dated June 25,
1968 from the City Assessor, approved for submission by the Mayor, which
transmits a request for a lot split submitted by Anthony J. Margiotta,
H. E. Mallon Company, and in accordance with the provisions of Act 288
of the Public Acts of 1968, as amended, as well as Section 18.46 of
Ordinance No. 543, as amended, the Council does hereby find that the
proposed Division of Lot 272 of Spring Valley Subdivision in the E. 1/2
of Section 3 would not be contrary to the spirit and purpose of the
aforesaid ordinance and does accordingly approve of dividing the same
into two parcels the legal descriptions of which shall read as follows•
PARCEL A: The north 90 feet of Lot 272 of Spring Valley Subdivision
in the Southeast 1/4 of Section 3, T. 1 S. , R. 9 E. , City
of Livonia, Wayne County, Michigan.
PARCEL B: Lot 272, excepting the north 90 feet, of Spring Valley
Subdivision in the Southeast 1/4 of Section 3, T. 1 S. ,
R. 9 E., City of Livonia, Wayne County, Michigan.
9717
as shown on the map attached to the aforesaid petition which is made a
part hereof by this reference; and the City Clerk is hereby requested
to cause a certified copy of this resolution to be recorded in the office
of the Wayne County Register of Deeds.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Ventura, Nash and McCann.
NAYS: None.
By Councilman Nash, seconded by Councilman Ventura, and unanimously
adopted, it was
#776-68 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.
Councilman Nash introduced the following Ordinance-
AN ORDINANCE AMENDING SECTION 32 OF
THE ZONING MAP OF THE CITY OF LIVONIA
AND AMENDING ARTICLE III OF ORDINANCE
NO. 543, AS AMENDED, KNOWN AND CITED
AS THE "CITY OF LIVONIA ZONING ORDI-
NANCE," BY ADDING SECTION 3. THERETO
RE: PETITION NO. 67-8-1-29 FOR CHANGE OF
ZONING FROM C-1 TO R-7.
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 Nash, it was
#777-68 RESOLVED, that having considered a communication from the City
Engineer dated June 20, 1968, approved by the Director of Public Works
and approved for submission by the Mayor, in regard to an Agreement sub-
mitted by the United States Department of Housing and Urban Development
for a Public Works Plan Preparation Grant to effect the separation of
the existing combined sewerage system in part of the City of Livonia,
Project P-Mich-3232 Contract No. H(402)-3102, the Council does hereby
authorize the Mayor and City Clerk to execute the said agreement accept-
ing the subject Preliminary Planning Grant in behalf of the City of
Livonia; and the City Clerk is hereby requested to do all things necessary
or incidental to the full performance of this resolution.
L
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kleinert, Ventura, Nash and McCann.
NAYS: None.
9718
By Councilman Kash, seconded by Councilman Kleinert, it was
#778-68 RESOLVED, that having considered a letter from the firm of
Lybrand, Ross Bros. & Montgomery dated June 18, 1968, submitting proposed
contracts for the City, and the Water and Sewer Division for auditing
services to be rendered during the current fiscal year by the aforesaid
firm, the Council does hereby authorize the said contracts therefor on
the basis of the terms and conditions as submitted, thereby engaging the
services of Lybrand, Ross Bros. & Montgomery for this purpose, and the
Mayor and City Clerk are hereby authorized to execute the aforesaid
contracts in behalf of the City of Livonia as well as to do all things
necessary for the full performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following result.
AYES: Kleinert, Ventura, Nash and McCann.
NAYS: None.
By Councilman Kleinert, seconded by Councilman Ventura, and unanimously
adopted, it was
#779-68 RESOLVED, that having considered a request dated July 2, 1968
from Thomas Cadwalloder, 9132 Idaho Ave., Livonia, Michigan, regarding an
exception from certain requirements prescribed in Ordinance No. 662, as
amended, in connection with the construction of a private swimming pool
to be located at the aforesaid address, the Council does hereby grant the
request for such an exception of the Ordinance pursuant to Section 3.10
of Ordinance No. 662, as amended, and authorizes the issuance of a
Building Permit to construct the said swimming pool on the aforesaid
property six (6) feet from the adjacent side property line in lieu of the
ten (10) feet required in the manner as shown on the map attached to the
aforesaid communication.
By Councilman Ventura, seconded by Councilman Kleinert, and unanimously
adopted, it was
#78068 RESOLVED, that having considered a request dated July 10, 1968
from George Apap, 15205 Houghton, Livonia, Michigan, regarding an exception
from certain requirements prescribed in Ordinance No. 662, as amended,
in connection with the construction of a private swimming pool to be
located at the aforesaid address, the Council does hereby grant the request
for such an exception of the Ordinance pursuant to Section 3.10 of
Ordinance No. 662, as amended, and authorizes the issuance of a Building
Permit to construct the said swimming pool on the aforesaid property six
(6) feet from the adjacent side property line in lieu of the ten (10)
feet required in the manner as shown on the map attached to the aforesaid
communication.
By Councilman Kleinert, seconded by Councilman Ventura, and unanimously
adopted, it was
9719
#781-68 RESOLVED, that having considered a request dated July 16, 1968
from Mrs. Dean L. Stone, 30039 MacIntyre, Livonia, Michigan, regarding
an exception from certain requirements prescribed in Ordinance No. 662,
as amended, in connection with the construction of a private swimming
pool to be located at the aforesaid address, the Council does hereby grant
the request for such an exception of the Ordinance pursuant to Section
3.10 of Ordinance No. 662, as amended, and authorizes the issuance of a
Building Permit to construct the said swimming pool on the aforesaid
property six (6) feet from the adjacent side property line in lieu of the
ten (10) feet required in the manner as shown on the map attached to the
aforesaid communication.
By Councilman Kleinert, seconded by Councilman Ventura, and unanimously
adopted, it was
#782-68 RESOLVED, that having considered a request dated july 16, 1968
from Robert J. Kuhn, 38732 Lancaster, Livonia, Michigan regarding an
exception from certain requirements prescribed in Ordinance No. 662, as
amended, in connection with the construction of a private swimming pool
to be located at the aforesaid address, the Council does hereby grant the
request for such an exception of the Ordinance pursuant to Section 3.10
of Ordinance No. 662, as amended, and authorizes the issuance of a Building
Permit to construct the said swimming pool on the aforesaid property six
(6) feet from the adjacent side property line and six (6) feet from the
rear property line in lieu of the ten (10) feet required in the manner
as shown on the map attached to the aforesaid communication.
By Councilman Ventura, seconded by Councilman Nash, and unanimously
adopted, it was
#783-68 RESOLVED, that having considered a request dated July 16, 1968
from Mrs. R. Kivimaki, 13855 Milburn, Livonia, Michigan regarding an
exception from certain requirements prescribed in Ordinance No. 662, as
amended, in connection with the construction of a private swimming pool
to be located at the aforesaid address, the Council does hereby grant
the request for such an exception of the Ordinance pursuant to Section
3.10 of Ordinance No. 662, as amended, and authorizes the issuance of a
Building Permit to construct the said swimming pool on the aforesaid
property six (6) feet from the adjacent side property line in lieu of the
ten (10) feet required, in the manner as shown on the map attached to the
aforesaid communication.
On motion of Councilman Nash, seconded by Councilman Ventura, and
unanimously adopted, this 614th regular meeting of the Council of the City of Livonia
was duly adjourned at 10:05 P. M., July 17, 1968.
c(fe---ge I/ )
-
ADDISON W. BACON, C1 k.