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HomeMy WebLinkAboutCOUNCIL MINUTES 1978-10-11 17376 MINUTES OF THE EIGHT HUNDRED AND NINETY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 11, 1978, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:16 P.M . Councilman Bennett delivered the invocation Roll was called with the following result: Present--Robert E. McCann, Robert F Nash, Gerald D Taylor, Jerry Raymond, Robert D Bennett, Robert R Bishop and Peter A Ventura Absent--None. Elected and appointed officials present: Addison W Bacon, City Clerk, Frances S. Stem, Deputy City Clerk, Harry C Tatigian, City Attorney; Ronald Mardiros, City Assessor; Jack Dodge, Director of Finance, G E Siemert, City Engineer, John Nagy, City Planner, Robert Turner, Police Chief; John Dufour, Superintendent of LParks and Recreation; Robert Biga, Assistant Superintendent of Public Service, James Andres, CETA Program Administrator; James Inglis, Director-Secretary of Housing Commission; Tommy Mitchell, Traffic Commission and Michael Reiser of the Water and Sewer Board. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #894-78 RESOLVED, that the minutes of the 891st Regular Meeting of the Council of the City of Livonia, held September 27, 1978, are hereby approved. Inasmuch as no action was taken by the Council on the veto message dated September 19, 1978, received from the Mayor on Resolution No 830-78 adopted September 13, 1978, with respect to Petition No. 78-4-1-20, the veto of the Mayor was sustained. The communication from the Director of Finance dated September 19, 1978 transmitting various financial statements for the month ending August 31, 1978, L was received and placed on file for the information of the Council. 17377 ywCa:uncilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it #895-78 RESOLVED, that having considered the communication dated October 4, 1978 from the City Treasurer, submitting a copy of Industrial Facilities Exemption Certificate No. 77-108, issued to Ford Motor Company, for its facility located at 35200 Plymouth Road, Livonia, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #896-78 RESOLVED, that with respect to the selection of Professional Engineers qualified in the State of Michigan to determine value and utility of substituted machinery and equipment in accordance with Section 13 of the Lease Agreement dated April 1, 1967, between the City of Livonia and Allied Supermarkets, Inc. , the Council does hereby request that in the future Allied. Supermarkets, Inc. submit first to the City Council the names of such qualified. Professional Engineers for its approval prior to the actual selection of same, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #897-78 WHEREAS, the City of Livonia (the "City") has entered into a certain lease agreement dated as of April 1, 1967 (the "Lease") with Allied Supermarkets, Inc , ("Allied"), by the terms of which the City acquired or agreed to acquire a certain project as defined in the Lease, which included certain machinery and equipment, and WHEREAS, Section 13 of the Lease provides that the machinery and equipment covered by the Lease may be released from the Lease and become the property of Allied upon the substitution therefor of other machinery and equipment of equivalent value and utility as certified by a Profes- sional Engineer qualified to do business in Michigan selected by Allied and approved by the City, among other requirements, and WHEREAS, Allied has removed certain machinery and equipment and has replaced the same with new machinery and equipment of equivalent value and utility, as certified by J. F Peters & Associates, Inc. , a firm of Professional Engineers qualified to do business in Michigan, selected by Allied; and WHEREAS, it is necessary for the City to approve said Profes- sional Engineers; NOW, THEREFORE, BE IT RESOLVED THAT the firm of J. F. Peters & Associates, Inc. , is hereby approved by the City as the Professional Engineers to determine value and utility for the machinery and equipment substituted for other machinery and equipment under the Lease, which machinery and equipment is more particularly described in the attached letter dated. February 28, 1978 from J F Peters & Associates, Inc. 17378 Councilman Bishop took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 1 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 78-3-1-14 FOR CHANGE OF ZONING FROM R-3 TO R-2 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Ventura took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 2-2+04 OF TITLE 2, CHAPTER 24 (HISTORIC PRESERVATION COMMISSION ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result. AYES. Bennett, Bishop, Ventura, Nash, Taylor, Raymond 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 AMENDING ARTICLE 1, CHAPTER 3 OF TITLE 3 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA, BY REPEALING SECTION 3-301 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann NAYS None 17379 The President declared the foregoing Ordinance duly adopted, and would become effective on publication. At the direction of the Chair, the roll call vote on the proposed "Fire Lanes Ordinance", as revised by the Legislative Committee and given its first reading by Councilman Bennett on September 27, 1978, was removed and will be considered at the next Regular Meeting to be conducted on October 25, 1978. At the direction of the Chair, the roll call vote on the proposed Ordinance to assist in the control of B B or Air Guns, as revised by the Legislative Committee and given its first reading by Councilman Nash on September 27, 1978, was removed and will be considered at the next Regular Meeting to be conducted on October 25, 1978. Councilman Bennett took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING PARAGRAPH (t) OF SECTION 6-166 OF CHAPTER 1 (TRAFFIC ORDINANCE) OF TITLE 6 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication By Councilman Nash, seconded by Councilman Bishop, it was #898-78 RESOLVED, that having considered the communication, dated September 18, 1978, from the Director of Finance, approved for submission by the Mayor, and communications, dated August 21, 1978 and September 13, 1978, from the law firm of Riley and Roumell, 7th Floor Ford Building, Detroit, Michigan 48226, in connection with professional services rendered to the City of Livonia in connection with labor matters for the period May 1, 1978 through August 31, 1978, the Council does hereby au- thorize the payment of $13,815 00 to Riley and Roumell; and the Council does hereby authorize the transfer of the sum of $13,815.00 from Account No 101-913-814-010 to Account No. 101-234-813 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: 17380 AYES Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None By Councilman Ventura, seconded by Councilman Taylor, it was #899-78 RESOLVED, that having considered a communication from the Water and Sewer Board, dated August 31, 1978, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits its Resolution No. WS 2274 6/78, the Council does hereby au- thorize that an application be made to the Detroit Edison Company for the purpose of removing an electrical pole located between the Water and Sewer Building and the garage in the DPW complex for the price of $2,501.86, further, the Council does hereby determine to authorize the said work without competitive bidding, such action being taken in accordance with the provisions set forth in Section 2-213(d)(4) and (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• Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann NAYS. None. By Councilman Bishop, seconded by Councilman Raymond, it was #;9Qd-78 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Chairman of the Greenmead Steering Committee, dated September 5, 1978, 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 authorize final payment in the amount of $1,600 27 to Bolin Electric Company, 31340 Puritan, Livonia, Michigan 48154, which sum includes the full and complete balance due on a contract dated April 4, 1978, the actual contract amount to date being $16,002 69 in connection with the upgrading of electrical wiring at Greenmead, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor's affidavit maintenance and guarantee bond have been filed, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann NAYS: None By Councilman Bishop, seconded by Councilman Nash, it was RESOLVED, that having considered a letter from William R O'Neill and Sharon F O'Neill, 18444 Mayfield, Livonia, Michigan, dated September 11, 1978, wherein a request has been submitted for a revocable license to be issued permitting the continued location of a storage shed on certain City-owned property, being a part of Rotary Park, the Council does hereby 17381 determine to defer action with respect to this request for a period of eighteen months at which time this matter is to be placed on an agenda for further consideration and review by the City Council. Councilman Bennett, supported by Councilman Raymond, offered the following substitute resolution # 1-78 RESOLVED, that having considered a letter from William R O'Neill and Sharon F O'Neill, 18444 Mayfield, Livonia, Michigan, dated September 11, 1978, wherein a request has been submitted for a revocable license to be issued permitting the continued location of a storage shed on certain City-owned property, being a part of Rotary Park, the Council does hereby determine to deny the said request provided, however, that the aforesaid parties shall be afforded twelve months within which to remove the said storage shed from the subject City property. A roll call vote was taken on the substitute resolution with the following result. AYES Bennett, Ventura, Taylor, Raymond and McCann NAYS. Bishop and Nash The President declared the substitute resolution adopted. By Councilman Ventura, seconded by Councilman Taylor, and unanimously adopted, it was #902-78 RESOLVED, that having considered a petition signed by certain residents of Oakview Street between Middlebelt and Beatrice, dated August 21, 1978, relative to certain traffic problems being experienced in this area of the City of Livonia, the Council does hereby request that the Wayne County Road Commission explore the possibility of providing a left turn (or 5th) lane for traffic on Middlebelt at Lyndon and thereafter submit its report and recommendation to the City Council. By Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was #903-78 RESOLVED, that having considered a petition signed by certain residents of Oakview Street between Middlebelt and Beatrice, dated August 21, 1978, relative to certain traffic problems being experienced in this area of the City of Livonia, the Council does hereby request that the Traffic Commission submit its report and recommendation relative to this matter and particularly with respect to the possibility of closing Beatrice at Oakview to through traffic By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #904-78 RESOLVED, that having considered a letter from the President of Stoneleigh Village Civic Association, dated September 19, 1978, with respect to certain problems being encountered by residents of the Stoneleigh Village Subdivision by reason of the use by motorcycles, 17382 motorbikes, cars and snowmobiles of the public walkway between Frost Junior High, the Livonia Y and Riverside Drive, the Council does hereby determine to refer this matter to the Streets, Roads and Plats Committee for its report and recommendation By Councilman Bishop, seconded by Councilman Taylor, it was #905-78 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 19, 1978, and the report and recommendation of the Acting Chief of Police, dated September 26, 1978, in connection therewith, the Council does hereby approve of the request from Vintage Wine Shoppes, Inc for transfer of ownership of 1978-79 SDD-SDM licensed business from Drug Fair, Inc. , and change of nature of business from prescription drug store to party store and permission to maintain concession located at 27462 Schoolcraft, Livonia, Michigan 48150; 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- Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS. Raymond The President declared the resolution adopted By Councilman Nash, seconded by Councilman Bennett, it was #906-78 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 28, 1978, and the report and recommendation of the Chief of Police, dated September 26, 1978, in connection therewith, the Council does hereby approve the request from Leo R Burton for adding space to 1978 Class C licensed business located at 11791 Farmington Road, Livonia, Michigan 48150, Wayne County, 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 Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann NAYS None. By Councilman Ventura, seconded by Councilman Raymond, it was #907-78 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated September 20, 1978, approved for submission by the Mayor, with regard to a request from Mrs Doris N Batten, 30126 Bretton Drive, Livonia, Michigan 48152, for a request to divide Lot 472 of Supervisor's Livonia Plat No 8 (Tax Item No. 46 008 01 0472 000 (02c472) ) into two (2) parcels, the Council does hereby determine to refer the same to the Streets, Roads and Plats Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result AYES- Bennett, Ventura, Nash, Taylor, Raymond and McCann NAYS: Bishop The President declared the resolution adopted 17383 By Councilman Ventura, seconded by Councilman Taylor, it was #908-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 20, 1978, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No. 8 of Council Resolution 503-78, adopted on June 7, 1978, and subsequently amended by Council Resolution 678-78, adopted on July 26, 1978, so as to reduce the financial assurances now on deposit with the City for general improvements in the Windridge Village Subdivision No 2 located in the S E 1/4 of Section 4, to $87,000 00 of which at least $8,000 00 shall be in cash to cover the remaining improve- ments in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other Financial Assurances now on deposit with the City including those for Sidewalk Improvements shall remain the same and unchanged; 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann NAYS. None. By Councilman Ventura, seconded by Councilman Nash, it was #909-78 WHEREAS, it is necessary to locate, establish and construct cextai_ drainage improvements to be known as Livonia Drain No 51, to be located entirely within and to serve only areas located entirely within the limits of the City of Livonia, the location of said storm drain improvements being as follows. Commencing at a point at the intersection of the South right-of-way line of Seven Mile Road and the West right- of-way line of Inkster Road in the N E. 1/4 of Section 12, proceeding thence southerly, along the West right-of-way line of Inkster Road (variable width), 2,900 feet, thence Westerly, 1,450 feet, thence northerly, 2,870 feet to the south right-of-way line of Seven Mile Road; thence easterly, along the South right-of-way line of Seven Mile Road (variable width), 1,450 feet to the point of beginning. and WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drainage improvements are necessary for the public health of the City of Livonia, and the entire cost thereof, except that part representing benefits to State and County highways, should be assessed against the City of Livonia for public health; and WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956), provides a feasible method of financing of cost of said improvements where the same are necessary for the public health of the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20, NOW, THEREFORE, BE IT RESOLVED THAT 17384 1 The City Council, for and on behalf of the City of Livonia, does hereby consent to and approve the making of the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing and constructing of the storm drain improvements set forth in the preamble hereof, and does hereby consent to and approve the location, establishing, constructing and improving of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed storm drain improvements set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing, constructing and improving of the same, as set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution 3 In the event the proposed improvements herein authorized to be petitionedfor are for any reason not financed or constructed pursuant to the petition duly filed, the City of Livonia shall assume and pay all costs incurred by the statutory drainage board in acting upon said petition pursuant to the requirements of the law 4. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and they hereby are rescinded A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann NAYS: None By Councilman Ventura, seconded by Councilman Nash, it was #900-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 18, 1978, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the improvement of Deering Avenue between Seven Mile and Curtis, the Council does hereby request that the Wayne County Drain Commissioner authorize the City of Livonia to advance such funds as may be necessary to install drainage in conjunction with the paving of Deering between Seven Mile and Curtis with the provision that the City shall be reimbursed for such an advance at such time as funds may become available for this purpose from the proceeds of the Livonia Drain No 51 Bond Issue. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. Iftw NAYS None. By Councilman Nash, seconded by Councilman Taylor, it was 17385 By Councilman Nash, seconded by Councilman Taylor, it was #911-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 18, 1978, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the proposed improvement of Morlock Avenue, East of Middlebelt Road, as part of the City's 1978 Miscellaneous Residential Street Paving Program, which includes a substantial amount of storm drainage work, the Council does hereby request that the Livonia Drain No. 46 Drainage Board authorize the City of Livonia to advance funds for the purpose of installing storm sewers along Morlock Avenue, east of Middlebelt, with the provision that the City be reimbursed at such time as bonds have been sold and funds may be available for this purpose in the Livonia Drain No. 16 Construction Account A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and. McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #912-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 18, 1978, approved by the Director o4. Public Works and approved for submission by the Mayor, with respect to the improvement of Doris Avenue from Seven Mile to Curtis, which project involves a substantial amount of drainage work, the Council does hereby request that the Drainage Boards for Livonia Drain No. 16 and Livonia Drain No. 16 Extension and. Branches return to the City such surplus construction funds as may be available in the respective construction accounts for the purpose of constructing needed drainage in conjunction with the paving of streets within the Livonia Drain No. 16 and Livonia Drain No. 16 Extension and Branches Drainage Districts. A roll call vote was taken on the foregoing resolution with the following result: AYES. Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS. None By Councilman Raymond, seconded by Councilman Nash, it was #913-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 15, 1978, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the development of the Cureter Industrial Subdivision located in the N W 1/4 of Section 28 in the City of Livonia, by the installation of a 12 inch diameter sanitary sewer in the public easement areas to service the pro- posed lots in this subdivision, the Council does hereby request that the Wayne County Board of Public Works approve a 12 inch diameter sanitary sewer system within the said subdivision and that Section 2 C of Article III of the sewer use regulations, as established by Wayne County in November, 1973, be waived and/or modified to the extent necessary to provide for the larger diameter sanitary sewer system within this subdivision. 17386 A roll call vote was taken on the foregoing resolution with the following result. AYES. Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS' None. By Councilman Bennett, seconded by Councilman Bishop, it was #914-78 RESOLVED, that having considered a communication from the City Planning Commission, dated September 21, 1978, which transmits its resolu- tion 9-206-78 adopted on September 19, 1978, with regard to Petition 78-7-8-23, submitted by Rosenberg Waronoff requesting site plan approval in connection with a proposal to construct the Mid-7 Shopping Plaza on the east side of Middlebelt Road between Clarita and Pickford in Section 12, pursuant to the provisions set forth in Section 18.47 of Ordinance No 543, as amended, the Council does hereby determine to refer this item to the Committee of the Whole meeting to be conducted on October 16, 1978 at 7:30 P M A roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Bishop, Taylor, Raymond and McCann NAYS. Ventura and Nash The President declared the resolution adopted By Councilman Bishop, seconded by Councilman Ventura, it was #915-78 RESOLVED, that having considered a communication from the City Planning Commission, dated September 22, 1978, which transmits its resolu- tion 9-203-78 adopted on September 12, 1978, with regard to Petition 78-8-8-29, submitted by Lindhout Associates requesting site plan approval in connection with a proposal to construct a professional office complex on the west side of Farmington Road between Lyndon and Five Mile Road in Section 21, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby determine to concur in the recommendation of the Planning Commission and Petition 78-8-8-29 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recommendation of the Planning Commission as well as the additional condition that the two parking spaces shown on the site plan which are located immediately nearest Lyndon Avenue shall be eliminated and in lieu thereof additional land- scaping provided. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Bishop, Ventura, Raymond and McCann. NAYS. Nash and Taylor. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Raymond, it was 17387 #916-78 RESOLVED, that having considered a communication, dated September 21, 1978, from the City Planning Commission which transmits its resolution 9-193-78 adopted on September 12, 1978, with regard to Petition 78-8-3-9 submitted by the City Planning Commission pursuant to Council Resolution 703-78 for the vacating of Outlot C within the Stark Gardens Subdivision located north of the Schoolcraft Service Drive between Ellen Drive and Riverside in the Southwest 1/4 of Section 21, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition 78-8-3-9 subject to retention of a full width easement, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. *Councilman Ventura was excused at 9 03 P M By Councilman Nash, seconded by Councilman Taylor, it was #917-78 RESOLVED, that having considered a communication, dated September 13, 1978, from the City Planning Commission which transmits its resolution 8-164-78 adopted on August 15, 1978, with regard to Petition 78-7-3-7 submitted by Peter A Ventura and Ruth A Ventura requesting the vacating of a ten-foot wide easement located on a portion of Lot 773 on the north side of Curtis between Shadyside and Loveland in the Northwest 1/4 of Section 10, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition 78-7-3-'1 as amended, so as to provide for the vacating of that portion of Lot 773, which is legally described as A ten (10) foot wide easement for drainage purposes as established across the South. 110 feet of the North 223 feet of Lot 773, Supervisor's Livonia Plat No 13, as recorded in Liber 68, Page 17, Wayne County Records, said plat being of part of the N. W 1/4 of Section 10, T 1 S , R 9 E , Livonia Township (now City of Livonia) Wayne County, Michigan- and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result AYES. Bennett, Bishop, Nash, Taylor, Raymond and McCann. NAYS. None *Councilman Ventura returned at 9 04 P M f By Councilman Ventura, seconded by Councilman Taylor, it was ihm #918-78 RESOLVED, that having considered a communication dated September 21, 1978 from the City Planning Commission which transmits its resolution 9-191-78 adopted on September 12, 1978, with regard to Petition 78-8-2-22 submitted by Lindhout Associates requesting waiver use approval to construct a branch bank facility on the southwest corner of Five Mile and Merriman 17388 Roads in the Northeast 1/4 of Section 22 on property zoned P S the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 78-8-2-22 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Taylor, it was #919-78 RESOLVED, that having considered a communication from the CETA Program Administrator, dated September 13, 1978, approved by the Finance Director and approved for submission by the Mayor, to which is attached Grant Modification No 009 to CETA Title II Grant, the Council does hereby authorize the said grant modification in the manner and form indicated in the aforesaid communication, 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 perform- ance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES. Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann NAYS. None By Councilman Taylor, seconded by Councilman Nash, it was #920-78 RESOLVED, that having considered a communication from the CETA Program Administrator, dated September 13, 1978, approved by the Finance Director and approved for submission by the Mayor, to which is attached Grant Modification 017 to CETA Title VI Grant, the Council does hereby authorize the said grant modification in the manner and form indicated in the aforesaid communication, 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 perform- ance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS• None. By Councilman Taylor, seconded by Councilman Nash, it was #921-78 RESOLVED, that having considered a communication from the CETA Program Administrator, dated September 12, 1978, approved by the Finance Director and approved for submission by the Mayor, to which is attached Fiscal Year 1979 Annual Plan for the CETA Title I Grant, the Council does hereby authorize the said plan in the manner and form indicated in the aforesaid communication, 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 17389 do all other things necessary or incidental to the full performance of this resolution. A. roll call vote was taken on the foregoing resolution with the following result AYES• Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None By Councilman Nash, seconded by Councilman Taylor, it was #922-78 RESOLVED, that having considered a communication from the CETA Program Administrator, dated September 22, 1978, approved by the Finance Director and approved for submission by the Mayor, to which is attached FY 1979 Title III Youth Employment and Training Program (YETP) Annual Plan, the Council does hereby authorize the said plan in the manner and form indicated in the aforesaid communication, 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 Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #923-78 RESOLVED, that having considered a communication from the Honorable James R McCann, District Judge for the District Court of the 16th Judicial District, dated September 20, 1978, to which is attached a communication from the firm of Ralls Hamill Architects, Inc in connection with the renovation of the lower level courtroom of the District Court, the Council does hereby determine to reject all bids received in connection with this item, the action herein being taken for the reasons indicated in the aforesaid communications By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #924-78 RESOLVED, that having considered a communication from Livonia Tool and Mold, dated July 12, 1978, wherein it is indicated that it intends to transfer its facility from 20003 St. Francis Street, Livonia, Michigan, to the Litchfield Industrial Park, Litchfield, Michigan, and which further indicates that Livonia Tool and Mold desires to obtain an Industrial Development Act 197+ PA 198, Exemption for the Litchfield Industrial Park Facility, the Council does hereby determine to refer the same to the Committee of the Whole By Councilman Ventura, seconded by Councilman Bishop, it was 17390 #925-78 RESOLVED, that having considered a communication from the President of Otto Durr, Inc. , 12163 Globe, P. 0 Box 2129, Livonia, Michigan 48151, dated September 26, 1978, wherein it is indicated that it intends to transfer its facilities from 12163 Globe, Livonia, Michigan to 40600 Plymouth Road, Plymouth Township, and it further indicates that Otto Durr, Inc desires to obtain 1974 PA 198 and 1975 PA 301 exemptions for the Plymouth Township facility, the Council does hereby determine to take this means to indicate that the City of Livonia does hereby consent to the granting of the said certificates in the manner and form requested, and the City Clerk is 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. Bishop, Ventura, Nash and McCann NAYS: Bennett, Taylor and Raymond. The President declared the resolution adopted The communication from the Treasurer transmitting Quarterly Report relative to City deposits for the period from December 1, 1977 through August 31, 1978 was received and placed on file for the information of the Council By Councilman Ventura, seconded by Councilman Bishop, it was liw #926-78 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated September 28, 1978, 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 determine to accept the bid of Morton Salt Company, Division of Morton Norwich Products, Inc , 110 N Wacker Drive, Chicago, Illinois 60606, for supplying the City (Road Maintenance Section) with Rock Salt for the unit price of $12.75 per ton for the period through September 1, 1979, the same having been in fact the lowest bid received and meets all specifications, further, the Council does hereby determine that in the event the aforesaid low bidder is unable to furnish rock salt, that the second low bid of International Salt Company, Clarks Summit, Pennsylvania 18411 which also meets specifications for this item be accepted as an alternate for supplying the City (Road Maintenance Section) with rock salt at the unit price of $13.20 per ton for the period through September 1, 1979 A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann NAYS None The item on the agenda with respect to Petition 78-5-1-24, submitted by Rest-in-the-Son, Inc. , for a change of zoning on property located on the south side of Ann Arbor Trail, between Newburgh and Hix Roads, in the Northeast 1/4 of Section 31, from RUF and AG to R-7, was removed by the Chair to Study Meeting to be 17391 conducted on October 30, 1978. By Councilman Ventura, seconded by Councilman Bennett, it was #927-78 RESOLVED, that having considered a communication dated August 1, 1978 from the City Planning Commission which sets forth its resolution 7-151-78 adopted on July 18, 1978, with regard to Petition 78-3-1-16 submitted by Walter and Anne Zielinski and George and Helen Constantine for a change of zoning on property located on the Northeast corner of Seven Mile and Gill Roads in the Southeast 1/4 of Section 4 from RUF to P S , and the Council having conducted a public hearing with regard to this matter on September 25, 1978, pursuant to Council Resolution 756-78, 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: Bennett, Ventura, Nash, Taylor, Raymond and McCann. NAYS. Bishop The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Nash, it was #928-78 RESOLVED, that having considered a communication dated July 31, 1978 from the City Planning Commission which sets forth its resolution 7-146-78 adopted on July 18, 1978, with regard to Petition 77-3-6-4, as amended, submitted by the City Planning Commission to amend Section 2 06 and Section 18 08 of the Zoning Ordinance pertaining to the definition of lots and to lot limitation, and the Council conducting a public hearing with regard to this matter on September 25, 1978, pursuant to Council Resolution 756-78, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 77-3-6-4, as amended, is hereby approved and granted; and 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: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS None Councilman Bishop gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 19 06 OF ARTICLE XIX OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." RE. PETITION 78-2-6-4 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. 17392 By Councilman Nash, seconded by Councilman Taylor, and unanimously Ladopted, it was #929-78 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 Monday, November 13, 1978 at 8.00 P M at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items. (1) Petition 78-6-1-26 submitted by Trinity Baptist Church for a change of zoning of property located on the north side of Six Mile Road between the 1-275 Freeway and Haggerty Road in the Southwest 1/4 of Section 7, from R-9-III and R-5-C to P S. , the City Planning Commission having in its resolution 8-160-78 recommended to the City Council that Petition 78-6-1-26 be approved; (2) Petition 78-7-1-27 submitted by the City Planning Commission on its own motion for a change of zoning of property located on the west side of Harrison south of Brentwood in the West 1/2 of Section 12, from R-1 to P.L. , the City Planning Commission having in its resolution 9-185-78 recommended to the City Council that Petition 78-7-1-27 be approved; L (3) Petition 78-7-1-28 submitted by the City Planning Commission on its own motion for a change of zoning of property located east of Merriman Road between Curtis and Hillbrook Avenue in the Northwest 1/4 of Section 11, from R-2 to P L. , the City Planning Commission having in its resolution 9-186-78 recommended to the City Council that Petition 78-7-1-28 be approved, (4) Petition 78-7-1-29 submitted by the City Planning Commission for a change of zoning of property located south of Pickford Avenue between Sunset and Hillcrest in the Northwest 1/4 of Section 11, from R-1 to P L , the City Planning Commission having in its resolution 9-187-78 recommended to the City Council that Petition 78-7-1-29 be approved, (5) Petition 78-7-1-30 submitted by the City Planning Commission for a, change of zoning of property located west of Middlebelt Road, between Curtis and Six Mile Roads, in the South 1/2 of Section 11, from R-lA to P L , the City Planning Commission having in its resolution 9-188-78 recommended to the City Council that Petition 78-7-1-30 be approved; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, (and/or) L (b) location of the proposed changes of zoning as set forth above, 17393 first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each rail- road company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Bishop, seconded by Councilman Ventura, it was #930-78 WHEREAS, the City of Livonia has received a request from the Cadillac Motor Car Division, dated August 21, 1978, which submits an application proposing the establishment of an industrial development district; and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia; and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 38 64 acres lying in the Southwest 1/2 of Section 25, as more particularly described in the attachment to the applica- tion which is hereby incorporated by reference and hereinafter referred to as "Proposed City of Livonia Industrial Development District No. 2" (Parcel 1 and Parcel 2) , LNOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows: 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No. 2. 2. This City Council sets Monday, November 13, 1978, at 8 00 P M as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above. 3. This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Nash, Taylor and McCann. NAYS: Bennett and Raymond. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was 17394 #931-78 WHEREAS, the City of Livonia has received a communication from Dave Demarest and Company, 32850 Capitol Avenue, Livonia, Michigan 48150, dated August 11, 1978, which submits an application proposing the establishment of an industrial development district; and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "industrial development districts" within the boundaries of the City of Livonia, and. WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately .3206 acres lying in the Southwest 1/4 of Section 27, as more particularly described in the attachment to the application which is hereby incorporated, by reference and hereinafter referred to as "Proposed City of Livonia Industrial Development District No. 3" (Part of It 10, Livonia Industrial Park Subdivision No. 1); NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows: 1. The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No. 3 2. This City Council sets Monday, November 13, 1978, at 8.00 P M as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3. This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #932-78 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, 1978 Wednesday, November 15, 1978, and Wednesday, November 29, 1978 By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #933-78 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 Nash, seconded by Councilman Bishop, it was 17395 #934-78 RESOLVED, that having considered a communication from the City Engineer, dated September 15, 1978, which bears the signature of the Finance Director, is approved by the Director of Public Works, and is approved for submission by the Mayor Pro Tem, the Council does hereby determine to increase Account No. 618-030 in the amount of $10,200.00 and to thereafter authorize the transfer of the aforesaid $10,200.00 to the following accounts in the following amounts. Account No. Item Amount 441-709 Salaries and Wages - Overtime $ 8,600 441-756 Miscellaneous 50 441-765 Testing Supplies 150 441-766 Tools and Supplies 200 441-904 Printing and Publishing 1,200 TOTAL $10,200 the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Nash, it was #935-78 RESOLVED, that having considered the report and recommendation of the Department of Law, dated October 4, 1978, approved by the City Planner and the Chairman of the Zoning Board of Appeals and approved for submission by the Mayor, the Council does hereby authorize the execution of the attached Stipulation for Consent Judgment and the entry of Consent Judgment in Wayne County Circuit Court Civil Action No 74-023888, entitled Marvin W. Cherrin and Helene Cherrin, his wife, Michael J Cherrin and Sandra Cherrin, his wife, Alan Walt and Arlene Walt, his wife, Thomas J. Brennan and Bridget Brennan, his wife, -vs- The City of Livonia, a Michigan Municipal Corporation. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Ventura, Nash, Taylor, Raymond and McCann. NAYS: Bishop. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bennett, it was #936-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 29, 1978, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No 8 of Council Resolution 367-78 adopted 17396 on April 19, 1978, so as to reduce the Financial Assurances now on deposit with the City for general improvements in the Laurel Park South Subdivision located in the Northeast 1/4 of Section 18, to $95,000 00 of which at least $10,000 00 shall be in cash, to cover the cost of remaining improvements in said Subdivision, and the Financial Assurances now on deposit with the City, if any, shall be reduced accordingly, further, all other Financial Assurances now on deposit with the City including those for Sidewalk Improvements shall remain the same and unchanged; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES. Bennett, Bishop, Ventura, Nash, Taylor, Raymond and McCann NAYS: None. On motion of Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, this 892nd Regular Meeting of the Council of the City of Livonia was duly adjourned at 9.40 P. M. , October 11, 1978. ADDISON W. BA' Clerk