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HomeMy WebLinkAboutCOUNCIL MINUTES 1979-10-10 18132 L MINUTES OF THE NINE HUNDRED AND SIXTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 10, 1979, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:05 P. M. . Councilman Ventura delivered the invocation Roll was called with the following result: Present--Robert E. McCann, Robert F Nash Gerald Taylor, Robert D Bennett, Robert R. Bishop and Peter A. Ventura. Absent-- Jerry Raymond. Elected and appointed officials present: Addison W Bacon, City Clerk; Frances S. Stem, Deputy City Clerk; Harry C. Tatigian, City Attorney; John Nagy, City Planner; James Mogen, Police Department; G. E. Siemert, City Engineer; Richard 0 Jones, Public Utilities Manager, James Andres, CETA Program Administrator, LEldon Raymond, Zoning Board of Appeals, Russell A Gronevelt, Superintendent of Public Service and Robert E. Osborn, Director of Public Works By CouncilmAn Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #992-79 RESOLVED, that the minutes of the 915th Regular Meeting of the Council of the City of Livonia, held September 26, 1979, are hereby approved. The communication from the Director of Finance dated September 20, 1979 transmitting various financial statements of the City of Livonia for the month ending August 31, 1979, was received and placed on file for the information of the Council. The communication from the Department of Law dated September 26, 1979, with respect to Multi families renting single family homes, CR-854-79, was received and placed on file for the information of the Council. L Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: 18133 AN ORDINANCE AMENDING SECTION 10 OF THE ZONING to MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 51i3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 79-4-1-11 FOR CHANGE OF ZONING FROM P.L. TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ATJJ Y AND PUBLIC GROUND. (Petition 79-5-3-5) A roll call vote was taken on the foregoing Ordinance with the following result:i. AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Taylor took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 79-5-3-6) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become Leffective on publication. 18134 By Councilman Nash, seconded by Councilman Taylor, it was L #993-79 RESOLVED, that having considered a communication from the Chief Inspector, dated September 13, 1979, which bears the signature of the Director of Public Works, the Finance Director and is ap roved for submission by the Mayor, wherein a request is submitted for funds sufficien' to complete the 1979 Weed Cutting Program, the Council does hereby appro- priate the sum of $8000.00 from the Unexpended Fund Balance Account of the Refuse Fund to be transferred to Account #205-525-818.015.000 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #994-79 RESOLVED, that the Council does hereby request the Department of Law to submit its opinion on the question of whether or not funds raised by millage for refuse removal and disposal can be used for any other purpose such as weed cutting. LBy Councilman Bishop, seconded by Councilman Taylor, it was #995-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 12, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize the installation of approximately 650 lineal feet of new chain link fence (six feet high) at the westerly property line of the Emerson Junior High School site as measured from Orangelawn in a southerly direction to Parcel C2b, such work to be performed by Capital Fence Company, 25105 West Eight Mile Road, Detroit, Michigan 48240, for a price not to exceed $3800.00, the same to be appropriated from the Unexpended Fund Balance Account for this purpose FURTHER, the Cauncil does hereby authorize the Director of Public Works to approve a change order which would add the aforesaid fence installation to the bid previously awarded to Capital Fence Company in Council Resolution 7+9-79 adopted on July 25, 1979; and the Council does hereby determine to authorize the said work without any further competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213 (d), (4) & (5) of the Livonia Code of Ordinances, as amended; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. 18135 By Councilmnn Taylor, seconded by Councilman Nash, it was #996-79 RESOLVED, that having considered a communication from the Chief of Police, dated September 11, 1979, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the selection of the American Institute, 1213 Parklane Towers West, Dearborn, Michigan, for providing the training required for a second polygraphist for the Police Division, the Council does hereby authorize the payment of tuition in the amount of $2300 00 from Account #101-307-960. 010.000 to the said American Institute for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Taylor, it was #997-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 22, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, to which is attached a copy of a letter dated August 17, 1979 from the Michigan Department of Transportation with regard to the final invoice received for the reconstruction and widening of Ann Arbor Road from Plymouth Road west to Eckles Road, the overall cost of which project amounted to $1,294,820.44, with the City's share being $161,852.56, the Council does hereby determine to appropriate and authorize the expenditure of an additional sum in the amount of $52,477.56 from 1975 MVHF Bond Construction Fund (Major Road Account) for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #998-79 RESOLVED, that having considered a petition submitted by Mr. Bernard Leonards, 29200 Vassar, #605, Livonia, Michigan 48152, dated September 6, 1979, and which bears the signatures of approximately 204 names and wherein a request is submitted for the installation of a traffic control light at the intersection of Middlebelt and Vassar, the Council does hereby request that the Traffic Commission, the Traffic Bureau and the Wayne County Road Commission submit their respective reports and recommendations with regard to this request as well as to submit a report nc 18136 and recommendation with respect to traffic control at Middlebelt and St. Martins and the traffic flow in and out of the Sears parking area in the Livonia Mall. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #999-79 RESOLVED, that having considered a communication from Mr. Raymond E. Collins, 14051 Richfield, Livonia, Michigan 48154, dated September 24, 1979, wherein a request is submitted for the vacating of a ten foot wide easement for surface drainage established across Lot 62 of Zimmerman and Porter's Schoolcraft Estates Subdivision, the Council does hereby determine to refer the same to the City Planning Commission for action and recommenda tion in accordance with provisions of law and City ordinance. By Councilman Nash, seconded by Councilman Taylor, it was #1000-79 RESOLVED, that having considered a communication from the City Planning Commission, dated August 23, 1979, which transmits its resolution 9-140-79 adopted on August 7, 1979, wherein Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan is hereby amended so as to change the designation of property located on the southeast corner of Ann Arbor Trail and Newburgh Road in the Northwest 1/4 of Section 32, from General Commercial to Office, the Council does hereby determine to certify and acknowledge receipt of the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #1001-79 RESOLVED, that having considered a communication from the City Planning Commission, dated August 23, 1979, which transmits its resolution 9-141-79 adopted on August 7, 1979, wherein Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, is hereby amended so as to change the designation of property located on the west side of Newburgh Road, south of Ann Arbor Trail, in the Northeast 1/4 of Section 31, from General Commercial to Residential, the Council does hereby determine to certify and acknowledge receipt of the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was 18137 By Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #1002-79 RESOLVED, that having considered a communication from the City Planner, dated September 19, 1979, and submitted pursuant to Council Resolution 857-79, with regard to the possible elimination of outside refuse containers in connection with construction of new commercial and office developments, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #1003-79 RESOLVED, that having considered a communication from the Mayor, dated September 21, 1979, submitted pursuant to Council Resolution 896-79, with regard to maintenance services required in connection with the operation of the Civic Center Municipal Building, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. By Councilman Taylor, seconded by Councilman Bishop, and unanimously adopted, it was #1004-79 RESOLVED, that having considered a petition submitted by Marty Gross, received by the Office of the City Clerk on September 26, 1979, and which bears approximately 4O signatures, wherein a request is submitted fox a street improvement of Cavour and Paderewski (also side street of Elsie), the Council does hereby refer the same to the City Engineer for his report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #1005-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 12, 1979, approved by the Director of Public Works and approved for submission by the Mayor, and to which are attached copies of letters dated April 23, 1979 and July 3, 1979 from the Assistant Engineer of Streets for the Wayne County Road Commission which indicates that the Township of Plymouth and the owners of certain property located on the west side of a proposed project to improve Eckles Road nortl^ of Ross Avenue (south of Five Mile Road) have declined to participate in the cost of this proposed project, the Council does hereby determine to take no further action at this time. By Councilman Ventura, seconded by Councilman Taylor, it was #1006-79 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 19, 1979, the Council does hereby approve of the request from Peter Francis Zurek and Winifred Olivia Zurek to amend the application for a new full year Class C license at 29154-A W. Seven Mile Road, Livonia, Wayne County, Michigan, previously 18138 approved in Council Resolution 855-78 adopted on September 27, 1978, and as subsequently amended in Council Resolution 700-79 adopted on July 18, 1979, so as to provide that such approval be granted to Wynne's Food & Drink Ltd. , Peter F Zurek, Winifred 0. Zurek, Sterling W Grieve and Catherine Grieve, stockholders, said request being approved above all others and being made subject to and conditioned upon compliance by the applicant with the following conditions: 1. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 2. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. 3. That a police report will be submitted to the Council. In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked; and to the extent necessary to be consistent with the action taken herein, Council Resolution 700-79 adopted on July 18, 1979 is hereby amended and revised; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. LA roll calf vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #1007-79 RESOLVED, that having considered a communication from the CETA Program Administrator, dated September 19, 1979, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize expenditures not to exceed $14,000.00 from CETA funds for skill classroom training at Weldor Training Center for combination welding for FY 1980 in the manner described in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #1008-79 RESOLVED, that having considered a communication from the CETA Program Administrator, dated September 19, 1979, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize expenditures not to exceed $51,000.00 from CETA funds for skill classroom training at Pontiac Business Institute for Stenographer/Jr. Accountant for FY 1980 in the manner described in the aforesaid communica- tion. 18139 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #1009-79 RESOLVED, that having considered a communication from the CETA Program Administrator, dated September 10, 1979, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby approve CETA Subgrant Contracts and the use of CETA funds for the hiring of PSE participants by the following agencies for amounts not to exceed the following: Agency Amount not to exceed Livonia Public Schools $ 10,981 Clarenceville School District 7,218 Madonna College 17,975 Community Commission on Drug Abuse 21+,319 First Step 12,951 Detroit Area Council, Boy Scouts of America 21,888 A roll call vote was taken on the foregoing resolution with the following result: LAYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Nash, it was #1010-79 RESOLVED, that having considered a communication from the CETA Program Administrator, dated September 13, 1979, approved by the Finance Director and approved for submission by the Mayor, to which is attached Modification #002 to the Master Plan, Modification #003 to the Master Plan, Modification #005 to the Fiscal Year 1979 Annual Plan, and the Annual Plan for FY 1980, the Council does hereby authorize the aforesaid CETA Grant Modifications in the manner and form indicated in the aforesaid communica- tion; and the Mayor and City Clerk are hereby requested to execute the same for and on behalf of the City of Livonia as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Taylor, it was #1011-79 RESOLVED, that having considered a communication from the City Assessor, dated September 20, 1979, approved for submission by the Mayor Pro Tem, with regard to a request from Doyle Tippett, Macati Investment Company, 331+27 Plymouth Road, Livonia, Mi. 1+8150, for a division and 18140 lir combination of Tax Item Nos. 46 129 01 0200 002 (33a200a1b to 205c2); 46 129 01 0202 001 (33a202a,203a,204c1,205c1); and 46 129 01 0204 001 (33a204a), the Council does hereby determine to refer this item to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop and McCann. NAYS: Ventura. The President declared the resolution adopted By Councilman Bishop, seconded by Councilman Taylor, it was WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment, to assist and retain local industries and commercial enterprises in order to strengthen and revitalize the City's economy and to encourage the location and expansion of commercial enterprise to provide needed services and facilities to the City and its residents; and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes had been initiated by the Economic Development Corporation of the County of Wayne (the "Corporation") with the Stolaruk Corporation, a Michigan Corporation with offices at 19300 West Eight Mile Road, Southfield, Michigan 48075; and WHEREAS, the Corporation in conformity with Act 338 of the Public Acts of 1974, as amended ("Act 338"), has designated the hereinafter described project area for such a program to this Council for its approval thereof; and WHEREAS, the City Planning Commission has approved said designa- tion; NOW, THEREFORE, BE IT RESOLVED THAT: 1. This Council does hereby certify its approval of the Corporation's designation of the project area described in Exhibit A hereto attached. 2. This Council does hereby establish as a project district area the property described in Exhibit B hereto attached. 3. This Council does hereby establish a public hearing on the project plan for said program to be held on November 14, 1979, at 7:00 p.m. , Eastern Standard Time, in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. 4. The City Clerk be and is hereby directed to deliver a certified copy of this resolution to the Secretary of the Board of the Corporation. 18141 lila 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #1012-79 RESOLVED, that the foregoing resolution which would have approved the project area and establish a public hearing with respect to the application initiated by the Economic Development Corporation of the County of Wayne with the Stolaruk Corporation, with offices at 19300 West Eight Mile Road, Southfield, Michigan 48075, is hereby referred to the Committee of the Whole for further consideration. By Councilman Taylor, seconded by Councilman Bishop, it was #1013-79 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City") the need for certain programs to alleviate and prevent conditions of unemployment, to assist and retain local industries and commercial enterprises in order to strengthen and revitalize the City's economy and to encourage the location and expansion of commercial enterprises to provide needed services and facilities to the City and its residents; and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes had been initiated by the Economic Development Corporation of the County of Wayne (the "Corporation") with Win Schuler's, Inc., a Michigan Corporation with offices at 115 South Eagle Street, Marshall, Michigan 49068. WHEREAS, the Corporation in conformity with Act 338 of the Public Acts of 1974, as amended ("Act 338"), has designated the hereinafter described project area for such a program to this Council for its approval thereof; and WHEREAS, the City Planning Commission has approved said designation; NOW, THEREFORE, BE IT RESOLVED THAT: 1. This Council does hereby certify its approval of the Corporation's designation of the project area described in Exhibit A hereto attached. 2. This Council does hereby establish as a project district area the property described in Exhibit B hereto attached. 3. This Council does hereby establish a public hearing on the project plan for said program to be held on November 14, 1979, at 7:00 p.m. , Eastern Standard Time, in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. 18142 4. The City Clerk be and is hereby directed to deliver a certified copy of this resolution to the Secretary of the Board of the Corporation 5. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #1014-79 RESOLVED, that having considered a communication from Maclean- Hunter Cable TV Limited, 27 Fasken Drive, Rexdale, Ontario, dated September 21, 1979, and Metro Vision Inc. dated September 28, 1979, wherein it is proposed to submit a formal application for a cable television franchise to the City of Livonia, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. By Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, it was #1015-79 RESOLVED, that having considered a communication from the City Engineer, dated July 20, 1979, approved by the Director of Public Works and approved for submission by the Mayor and submitted pursuant to Council Resolution 520-79, with respect to the proposed improvement of Broadmoor Avenue at its intersection with Middlebelt Road in Section 13, and the Council having conducted a public hearing with respect to this matter on September 24, 1979, pursuant to Council Resolution 812-79 adopted on August 15, 1979, the Council does hereby determine to refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Bishop, it was #1016-79 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 206, more particnlnrly described in Council Resolution 451-79 adopted on May 9, 1979, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Sunset Hills Subdivision in said Special Assessment District No. 206; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that 175 Watt Mercury Vapor Lights shall be installed on 6 existing wood poles and 25 ornamental poles with underground wiring and 18143 that the assessments set forth in said Special Assessment District No. 206 Roll are fair and equitable and based upon benefits derived in said district in accordance with the plans of the City Engineer and resolutions of the City Council; said Special Assessment Roll No. 206 based on installation of 175 Watt Mercury Vapor Lights on 6 existing wood poles and 25 ornamental poles with underground wiring is hereby approved and confirmed in all respects; pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By CouncilmRn Taylor, seconded by Councilman Nash, it was #101'1-79 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 207, more partic- ularly described in Council Resolution 450-79 adopted on May 9, 1979, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed on Veronica Drive approximately 1400 feet east of Levan Road, in said Special Assessment District No. 207; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that three (3) 250 Watt High Pressure Sodium Lights with under- ground wiring shall be installed and that the assessments set forth in said Special Assessment District No. 207 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; said Special Assessment Roll No. 207 based on the installation of three (3) 250 Watt High Pressure Sodium Lights with underground wiring is hereby approved and confirmed in all respects; pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the Assessment Roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. 18144 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #1018-79 RESOLVED, that having considered a communication dated July 19, 1979 from William N. Ponder, Attorney and Counselor at Law, 32510 Plymouth Road, Livonia, Michigan 48150, which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on July 17, 1979 by the City Planning Commission in its resolution 7-121-79 with regard to Petition 79-6-8-17 submitted by William Ponder requesting approval of all plans required by Section 18.47 in connection with a proposal to construct a party store and retail rental space on the south side of Seven Mile Road between Farmington Road and Filmore in Section 9, and the Council having conducted a public hearing with respect to this matter on September 24, 1979, pursuant to Council Resolution 798-79, the Council does hereby determine to refer this item to the Committee of the Whole for further consideration. By Councilman Bishop, seconded by Councilman Bennett, and unanimously Ladopted, it was #1019-79 RESOLVED, that the Council does hereby refer to the City Planning Commission for its review and action, the question of rezoning certain property located immediately south of Seven Mile Road South of the alley and East of Filmore Avenue from its commercial zoning classification to a more appropriate zoning classification in accordance with provisions of law and City Ordinance. By CouncilmAn Nash, seconded by Councilman Taylor, it was #1020-79 RESOLVED, that having considered a communication dated July 20, 1979 from the City Planning Commission which sets forth its resolution 7-101-79 adopted on July 10, 1979 with regard to Petition 79-5-1-14 submitted by the City Planning Commission, pursuant to Council Resolution 367-79, for a change of zoning on property located north of Joy Road between Cardwell and Deering in the Southeast 1/4 et Section 36, from C-2 to RUF, and the Council having conducted a public hearing with regard to this matter on September 24, 1979, pursuant to Council Resolution 810-79, the Council does hereby determine to table this matter pending receipt of a report from the City Planning Commission on the question of whether or not to rezone from C-2 to RUF similarly situated property from Deering Avenue, west to Thorpe LA roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett and McCann. NAYS: Bishop. The President declared the resolution adopted. 18145 By Councilman Bishop, seconded by Councilman Nash, it was #1021-79 RESOLVED, that in accordance with Section 23.01 of the Zoning Ordinance, the Council does hereby refer to the City Planning Commission, for the purpose of conducting a Public Hearing, and thereafter submitting a report and recommendation to Council, the question of whether or not to rezone from C-2 to RUF and/or P property which is situated North of Joy Road, from Cardwell west to Thorpe. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor and McCann. NAYS: Bennett and Bishop The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Nash, it was #1022-79 RESOLVED, that having considered a communication dated July 20, 1979 from the City Planning Commission which sets forth its resolution 7-102-79 adopted on July 10, 1979 with regard to Petition 79-5-1-15 submitted by the City Planning Commission, pursuant to Council Resolution 434-79, for a change of zoning on property located on the north side of Joy Road between Linville and Harvey in the Southeast 1/4 of Section 32, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on September 24, 1979, pursuant to Council Resolutior. 810-79, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 79-5-1-15 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: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Taylor, it was #1023-79 RESOLVED, that having considered a communication dated July 17, 1979 from the City Planning Commission which sets forth its resolution 7-103-79 adopted on July 10, 1979 with regard to Petition 79-6-1-16 submitted by the City Planning Commission for a change of zoning on property located north of Five Mile Road between Newburgh and Hix Roads in the Southeast 1/4 of Section 18, from P.L. to R-3-B, and the Northeast 1/4 of Section 18, from R-3-B to P L. , and the Council having conducted a public hearing with regard to this matter on September 24, 1979, pursuant to Council Resolution 772-79, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 79-6-1-16 18146 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: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #1024-79 RESOLVED, that having considered a communication from Ms. Shirley Buyck, 14110 Arden, Livonia, Michigan 48154, dated October 2, 1979, wherein it is requested that license fees in connection with a Craft Show to be presented on November 10, 1979 at the Frost Junior High School by the Frost P.T.S.A. be waived, the Council does hereby determine to approve this request and the City Clerk and all other affected City departments and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution. By CounciimRn Ventura, seconded by Councilman Bishop, it was #1025-79 RESOLVED, that having considered the report and recommendation of. the City Engineer, dated September 25, 1979, which bears the signature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Genesis Lawn Sprinkling Company, 22797 Heslip Drive, Novi, Michigan 48050, for constructing the Six Mile Road Irrigation System, East and West of Newburgh Road (Contract No. 79-J) for the price of $11,508 27, based on the Engineering Division's estimate of units of work involved and subject to final payment based on the actual units of work as completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as required; and the City's Water and Sewer Division is hereby authorized to supply certain labor and materials in connection with this work at an estimated cost of $10,150.00; and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $21,658.27 from the 7.9 Million Dollar General Obligation Bond Issue Account to cover the aforesaid contract cost of $11,508.27 and $10,150.00 as reimbursement to water and sewer accounts for estimated labor and material costs to be incurred by the City's Water and Sewer Division in connection with this project; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or inciden- tal to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: 181+7 AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 79-5-1-12 FOR CHANGE OF ZONING FROM R-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 Taylor, seconded by Councilman Bishop, it was #1026-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 20, 1979, approved by the Director of Public Works, approved as to form by the City Attorney and approved for submission by the Mayor Pro Tem, to which is attached a proposed Drainage Agreement between the City of Livonia and the Wayne County Road Commission which would permit the County to outlet 7.0 c.f.s. drainage to the City's sewer system as constructed by the developer of the Bicentennial Estates Subdivision in conjunction with future pavement improvements along Seven Mile Road, the Council does hereby determine to authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said Agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #1027-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 3, 1979, which bears the signature of the Director of Finance, is approved by the City Attorney and the Director of Public Works and is approved for submission by the Mayor, with regard to certain temporary easements required to construct the proposed Newburgh Road/C & 0 Railroad Grade Separation, the Council does hereby authorize the employment of Mr. Charles W Allen, Jr. as an expert real estate appraiser for the sum of $700.00 for the purpose of providing the City with the appraisals described in the aforesaid communication; and the Council does hereby appropriate and authorize the expenditure of a sum in 18148 the amount of $700.00 from the 7 9 Million Dollar General Obligation Road Improvement Bond Issue for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #1028-79 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934; MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Wednesday, November 14, 1979, at 7:00 P.M. at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item: Petition 79-8-1-25, submitted by Keywell & Herbach for a change of zoning of property located on the southeast corner of Seven Mile Road and Melvin Avenue in the North- east 1/4 of Section 11, from R-1A and R-5 to C-1, the City Planning Commission having in its resolution 9-165-79 recommended to the City Council that Petition 79-8-1-25 be denied; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be ww? bby e ttofe" or zkeinih isu li akol ianidtyo Ceak railroad requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was 18149 #1029-79 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the month of November, 1979: Thursday, November 8, 1979, and Monday, November 19, 1979 By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #1030-79 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 Bennett, seconded by Councilman Taylor, it was #1031-79 RESOLVED, that having considered the report and recommendation of the Public Utility Manager and the Superintendent of Public Service, dated October 8, 1979, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of A-1 Modernization, 3268 Alpine, Troy, Michigan 48084, for roof repairs at the Devonaire and Eddie Edgar Ice Arenas for the estimated total cost of $148,882.00, with unit price adjustments of $.50/SF for insulation, $.25/FT for vapor barrier and $5.00/SF for wood deck for quantities above or below 5,850 SF, based upon the Public Service Division's estimate of units of work involved and subject to a final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate a sum not to exceed $148,882.00 from the Unexpended Fund Balance Account for this purpose; and the Director of Public Works is hereby authorized to approve any minor adjustments in the work as required; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Taylor, Bennett, Bishop and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bennett, it was #1032-79 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 10, 1979, which bears the signature of the Director of Finance and the City Attorney, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize the issuance of a purchase order to Detroit Concrete Products Corporation, 44300 Grand River Avenue, Novi, Michigan, for a parking lot addition at the Idyl Wyld Municipal Golf Course for the estimated total cost of $29,234.75, based upon the Engineering Division's 18150 estimate of units of work involved and subject to a final payment based upon the actual units of work completed in accordance with the unit prices accepted herein; and the Council does hereby appropriate a sum not to exceed $29,23+.75 from the Unexpended Fund. Balance Account for this purpose and the Director of Public Works is hereby authorized to approve minor adjustments in the work as required; FURTHER, the Council does hereby determine to authorize said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213 (d) (5) of the Livonia Code of Ordinances, as amended; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Taylor, Bennett, Bishop and McCann. NAYS: Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, this 916th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:1+5 P. M. , October 10, 1979. • ADDISON W. BACO ITY LEEK