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HomeMy WebLinkAboutCOUNCIL MINUTES 1976-12-15 1601 MINUTES OF THE EIGHT HUNDRED AND FORTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA Is On December 15, 1976, 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 8.15 P. M. . Councilman Nash delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Robert F. Nash, Jerry H. Brown, Jerry Raymond, Peter A. Ventura, Robert R. Bishop and Robert D. Bennett. Absent--None. Elected and appointed officials present Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney, Frances Stem, Acting Deputy City Clerk; Robert Osborn, Director of Public Works, Robert Turner, Police Chief; Stanley Bien, Chief Librarian; Jack Dodge, Director of Finance, John T. Dufour, Superintendent of Parks and Recreation; G. E. Siemert, City Engineer, John Nagy, City Planner; Russell A. LGronevelt, Superintendent of Operations Division, and Michael Reiser of the Water and Sewer Board. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #105+-76 RESOLVED, that the minutes of the 848th regular meeting of the Council of the City of Livonia, held December 8, 1976, are hereby approved. By Councilman Raymond, seconded by Councilman Brown, it was RESOLVED, that the Council does hereby determine to rescind Council Resolution No. 1051-76, adopted on December 8, 1976, which resolu- tion approved a Class "C" License "above all others" for Picano Restaurant, Inc. At 8.35 p. m., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Raymond, seconded by Councilman Ventura, it was L #1055-76 RESOLVED, that the Council does hereby determine to table to the next regular meeting to be conducted on January 5, 1977, the roll call vote on the motion to rescind Council Resolution No. 1051-76, adopted on December 8, 1976, which approved a Class "C" License "above all others" for Picano Restaurant, Inc. , at 29505 Plymouth Road. 16016 A roll call vote was taken on the motion to table, with the following result. AYES: Raymond, Ventura, Bennett and McCann. NAYS: Nash, Brown and Bishop. The President declared the resolution adopted. The President of the Council acknowledged receipt of a veto by the Mayor, dated December 14, 1976, of Council Resolution No. 1051-76, adopted on December 8, 1976, which approved a Class "C" Liquor License "above all others" to Picano Restaurant, Inc., and stated that it would be considered at the next regular meeting to be conducted on January 5, 1977. Councilman Ventura took from the table for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 10 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 lbw OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION THERETO. RE PETITION NO. 76-6-1-25 FOR CHANGE OF ZONING FROM R-1 TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett 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 31 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 THERETO. RE: PETITION NO. 73-4-1-15 FOR CHANGE OF ZONING FROM P. L. AND C-1 TO C-2: 16017 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Nash, Brown, Raymond, Ventura, Bishop and McCann. NAYS: Bennett. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Nash took from the table for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 8-206 OF TITLE 8, CHAPTER 2 (MISDEMEANORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett 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 #1056-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated November 24, 1976, 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 Shults Equipment, Inc., 1532 S. State Road, Ithaca, Michigan 48847, for supplying the City (Operations Division) with one complete Truck Hydraulic System for Dump Truck for the total price of $2648.60, the same having been in fact the lowest and only bid received and meets specifications. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash,Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS• None. By Councilman Bishop, seconded by Councilman Nash, it was #1057-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated November 24, 1976, which bears the signature of the Director of Finance, is approved by the Director of 16018 Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Jerry Bielfield Co., 8333 Michigan Avenue, Detroit, Michigan 48210, for supplying the City (Operations Division) with one dump truck chassis, Model Ford L 800, for the total net price of $10,797.00 ($11,404.00 less trade-in of $607.00), the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was #1058-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated November 24, 1976, 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 Gar Wood Detroit Truck Equip- ment, Inc., 21083 Mound Road, Warren, Michigan 48091, for supplying the City (Operations Division) with one Street Sweeper, Model No. Mobil 2-TE-4, for the total net price of $29,623.00 ($35,823.00 less trade-in of $6200.00), the same having been in fact the lowest and only bid received and meets specifications. L A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #1059-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated November 24, 1976, 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 F. L. Jursik Company, 245 Victor Avenue, Highland Park, Michigan 48203, for supplying the City (Operations Division) with one 5-7 Dump Body and Hoist, Model HG-93F, for the total price of $1902.00, the same having been in fact the lowest bid received and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was 16019 #1060-76 RESOLVED, that having considered a communication from the Director of Finance, dated November 16, 1976, approved for submission by the Mayor,with regard to certain outstanding costs incurred by the City for prison terms served by ordinance violators at the Detroit House of Correction in the amount of $76,000.00 through November 30, 1976, the Council does hereby appropriate the sum of $76,000.00 from the Unexpended Fund Balance Account for the purpose of making payment to the City of Detroit and the State of Michigan in connection with the aforesaid costs, further, the Council does hereby determine to increase the Revenue Account of the State Payment-Business Inventory Tax by a like amount of $76,000.00, the same thereafter to be transferred to the Unexpended Fund Balance Account, 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, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS• None. By Councilman Nash, seconded by Councilman Bennett, it was #1061-76 RESOLVED, that having considered a communication from the Director of Finance, dated November 16, 1976, approved for submission by the Mayor, to which is attached departmental correspondence dated October 28, 1976 from the Superintendent of Parks and Recreation which indicates that it is necessary to replace rubber matting at the Ford and Devon-Aire Ice Rinks, the total cost of which is estimated to be in the amount of $3,000.00, the Council does hereby determine to authorize the transfer of the sum of $3,000.00 from Account 710-702 to Account 715-987 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS. None. By Councilman Raymond, seconded by Councilman Brown, it was #1062-76 RESOLVED, that having considered a communication from the Fire Chief, dated November 18, 1976, approved by the Director of Finance and approved for submission by the Mayor, with regard to the reimbursement of tuition and books in accordance with contract provisions, the Council does hereby determine to authorize the transfer of the sum of $1,000.00 from Emergency Transport Service Revenue Income Fund to Fire Department Training Account B.A. 101-338-960.000.000 for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. 16020 By Councilman Raymond, seconded by Councilman Ventura, it was #1063-76 RESOLVED, that having considered a communication from the Director of Finance, dated November 16, 1976, approved for submission by the Mayor, wherein it is indicated that in order to fund for sick pay in accordance with the actuary report of Gabriel, Roeder & Smith the City must provide in the accrual account an additional $75,400.00 for the fiscal year ending November 30, 1976, which amount is calculated in the following manner: Accrual Per Report $98,600 Retirement Sick Pay Payments 16,500 Remainder to be Accrued 82,100 Allocated to Water & Sewer 6,700 Allocated to General Fund $75,400 the Council does hereby determine that a budgeted expenditure of $75,400.00 be reflected and that Revenue Account for State payments - Single Business Tax be increased by the sum of $75,400.00 to balance the budget. A roll call vote was taken on the foregoing resolution with the following result. AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #1©64-76 RESOLVED, that the Finance Director and the Personnel Director are hereby requested to submit their respective reports and recommenda- tions to the Finance and Insurance Committee as to whether or not the City should secure a new Actuary for the purpose of providing actuarial services, as well as a report as to whether the actuarial assumptions are up to date. By Councilman Nash, seconded by Councilman Brown, it was #1065-76 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Iblice, dated November 9, 1976, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the payment of the sum of $175.00 to Mrs. Darcy Flynn, 30606 Crandon Avenue, Livonia, Michigan, by way of full and complete settlement of her claim relative to certain recovered property being a Tape Cassette Carrier and Tape Cassettes, which property was subsequently discovered to be missfng , provided, however, that the action herein being taken is not to be construed as an admission of responsibility by the City of Livonia, and provided further that payment of sum is conditioned upon the execution of a general release to the City of Livonia, and for this purpose, the Council authorizes the payment of the aforesaid $175.00 from the Unexpended Fund Balance Account; and the City Clerk and City Treasurer are hereby author- ized to do all things necessary or incidental to the full performance of this resolution. 16021 A roll call vote was taken on the foregoing resolution with the following result: AYES• Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. *Councilman Raymond was excused at 9:25 P. M. By Councilman Bishop, seconded by Councilman Bennett, it was #1066-76 RESOLVED, that having considered the report and recommendation of the City Engineer and the Public Utility Manager, dated November 12, 1976, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated November 10, 1976, the Council does hereby authorize final payment in the amount of $13,607.96 to the Boam Company, 20523 Merriman Road, Livonia, Michigan, which sum includes the full and complete balance due on a contract dated September 24, 1975 in the amount of $121,596.75, the actual contract amount completed to date being $116,588.84, in connection with 1975 Miscel- laneous Water Main Highway Crossings (Contract 75-F), and also the sum of $18,615.87 for additional work performed by the aforesaid Company, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifi- cations, and that the necessary contractor's affidavit, maintenance and guarantee bond have been filed, and for this purpose the Council does hereby appropriate the sum of $13,607.96 from the WaterDepartment Construc- tion Account No. 591-000-158-024-000, and the City Clerk and City Treasur- er 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: Nash, Brown, Ventura, Bishop, Bennett and McCann. NAYS• None. *Councilman Raymond returned at 9.26 P. M. By Councilman Brown, seconded by Councilman Bishop, it was #1067-76 RESOLVED, that having considered the report and recommendation dated November 12, 1976 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated November 10, 1976, the Council does hereby authorize Final Payment in the amount of $452.61 to Wydan :(bnstruc- tion, Inc., 18111 S. Telegraph Road, Brownstown Twp., Michigan 48174, which sum includes the full and complete balance due on a contract dated July 12, 1976 in the amount of $8747.60, the actual contract amount completed to date being $8492.14, in connection with the Pedestrian Bridge Renovation at Botsford Park (Contract 76-J), and also the sum of $560.00 for addition- al work performed by the aforesaid company, it appearing from the afore- mentioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the neces- sary contractor's affidavit, maintenance and guarantee bond have been filed; and for this purpose the Council does hereby appropriate the addi- tional sum of $304.54 from the Unexpended Fund Balance Account; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 16022 A roll call vote was taken on the foregoing resolution with the following result ifts AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS• None. By Councilman Ventura, seconded by Councilman Bishop, it was #1068-76 RESOLVED, that having considered the report and recommendation dated November 10, 1976 from the City Engineer, approved by the Director of FUblic Works and approved for submission by the Mayor, and the attached final construction estimate dated November 10, 1976, the Council does hereby authorize Final Payment in the amount of $259.73 to J.D. Armstrong Landscape Company, P. 0. Box 99, Fraser, Michigan 48026, which sum includes the full and complete balance due on a contract dated June 24, 1976 in the amount of $6222.80, the actual contract amount completed to date being $4549.64, in connection with Clearing, Seeding, Fertilizing and Mulching at Blue Grass Farms Park (Contract 76-U), and also the sum of $645.00 for additional work performed by the aforesaid company, it appear- ing 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: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS None. By Councilman Bishop, seconded by Councilman Brown, it was #1069-76 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 12, 1976, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk to enter into contracts with the respective Drainage Boards with respect to the following drainage projects for the purpose of having the engineering for these projects completed by the City's Engineering Division a) Livonia Drain No. 44 (Brentwood Avenue, North of Seven Mile Road), b) Livonia Drain No. 47 (Argonne Subdivision - N. E. 1/4 of Section 1), and c) Livonia Drain No. 49 (Schanhite - Marquette Manor Sub - S. E. 1/4 Section 25), the action herein being taken for the reasons indicated in the aforesaid communication. 16023 A roll call vote was taken on the foregoing resolution with the following result: 110. AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #1070-76 RESOLVED, that having considered a communication from the Department of Assessment, dated November 16, 1976, approved for submission by the Mayor, with regard to a request from Mr. James L. Daniel, 36540 Ann Arbor Trail, Livonia, Michigan 43150, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordi- nance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division of Tax Item No. 46 126 99 0006 000 (32R1d) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing the same into three parcels, the legal descriptions of which shall read as follows: Parcel No. 1 Land in the City of Livonia, Wayne County, Michigan, described as . That part of the W. 1/2 of Sec. 32, T. 1 S. , R. 9 E. , described as beginning at a point on the center line of Ann Arbor Trail distant S. 52° 24' 20" W. 33.59 ft. and N. 48° 23' 25" W. 51.39 ft. and N. 57° 01' 50" W. 321.94 ft. from the S.W. corner of Lot 751 of Super- visors Livonia Plat No. 12 as recorded in Liber 66 of Plats, Page 65 W.C.R. and proceeding thence along said center line N. 57° 01' 50" W. 140.30 ft. and N. 74° 31' 35" W. 24.77 ft. , thence N. 3° 30' E. 411.76 ft. , thence S. 74° 32' 45" E. 243.86 ft. ; thence S. 15° 27' 15" W. 4+5.07 ft. to the point of beginning. Containing 1.93 acres of land. Subject to easements and restrictions of record. Parcel No. II Land in the City of Livonia, Wayne County, Michigan, described as : That part of the W. 1/2 of Sec. 32, T. 1 S. , R. 9 E., described as beginning at a point located S. 52° 24' 20" W. 33.59 ft. to the center line of Ann Arbor Trail, thence N. 57° 01' 50" W. 462.24 ft. , thence N. 74° 31' 35" W. 24.77 ft. along the center line of Ann Arbor Trail, thence N. 3° 30' E 411.76 ft. from the S.W. corner of Lot 751 of Supervisors Livonia Plat No. 12 as recorded in Liber 66 of Plats, Page 65 W.C.R. and proceeding thence N. 3° 30' E. 283.0 ft. ; thence N. 81° 25' 17" E. 223.05 ft. ; thence S. 56° 17' E. 104.0 ft. ; thence S. 15° 27' 15" W. 335.11 ft. ; thence N. 74° 32' 45" W. 243.86 ft. to the point of beginning. Containing 2.11 acres of land. Subject to easements and restrictions of record. Parcel No. III Land in the City of Livonia, Wayne County, Michigan, described as . 16024 That part of the W. 1/2 of Sec. 32, T. 1 S., R. 9 E. , described as beginning at a point located S. 52° 24' 20" W. 33.59 ft. to the center line of Ann Arbor Trail, thence N. 57° 01' 50" W. 462.24 ft. ; thence N. 74° 31' 35" W. 24.77 ft. along the center line of Ann Arbor Trail; thence N. 3° 30' E. 694.76 ft. from the S.W. corner of Lot ?51 of Supervisors Livonia Plat No. 12 as recorded in Liber 66 of Plats, Page 65 W.C.R. and proceeding thence N. 3° 30' E. 386.00 ft. , thence S. 72° 52' 47" E. 311.20 ft. ; thence S. 21° 05' 19" W. 279.09 ft. ; thence S. 81° 25' 17" W. 223.05 ft. to the point of beginning. Containing 1.97 acres of land. Subject to easements and restrictions of record. as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES• Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #1071-76 RESOLVED, that having considered a communication from the Department of Assessment, dated December 1, 1976, approved for submission by the Mayor Pro Tem, with regard to a request from Mr. Carl Hanlin, Alger F. Quast Realty Co., 23280 Farmington Road, Farmington, Michigan 48024, as agent for owner, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division of Tax Item No. 46 007 99 0018 000 (02M10a1) would not be contrary to the spirit and purpose of the afore- said ordinance and does, accordingly, approve of dividing the same into two parcels, the legal descriptions of which shall read as follows: Parcel I The West 1/2 of a parcel described as the North 88' of the South 1584' of the West 442.5' of the SW 1/4 of Sec. 2, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, except the East 30' and West 60' thereof. Parcel II The East 1/2 of a parcel described as the North 88' of the South 1584' of the West 442.5' of the SW 1/4 of Sec. 2, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, except the East 30' and West 60' thereof. as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. 16025 A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS• None. By Councilman Bennett, seconded by Councilman Brown, it was #1072-76 RESOLVED, that having considered a communication from the Department of Assessment, dated November 30, 1976, approved for submission by the Mayor Pro Tem, with regard to a request from Mr. Robert J. Jenkins, attorney and agent for Stamford Investment Corporation, 32900 Five Mile Road, Suite 4, Livonia, Michigan 48154, and in accordance with the provi- sions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, The City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division and combination of Lots 451 through 461, Seven Mile Super Highway Subdivision and vacated Pickford Avenue would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing and combining of the same intra eight parcels, the legal descriptions of which shall read as follows• Parcel I Lot 461 and the North 30 feet of Lot 460, Seven Mile Super Highway Subdivision, City of Livonia, Wayne County, Michigan. Parcel 2 The South 15 feet of Lot 460 and all of Lot 459 and the North 10 feet of Lot 458, Seven Mile Super Highway Subdivision, City of Livonia, Wayne County, Michigan. Parcel 3 South 35 feet of Lot 458 and North 35 feet of Lot 457, Seven Mile Super Highway Subdivision, City of Livonia, Wayne County, Michigan. Parcel 4 The South 10 feet of Lot 457, all of Lot 456, and the North 15 feet of Lot 455, Seven Mile Super Highway Subdivision, Qty of Livonia, Wayne County, Michigan. Parcel 5 The South 35 feet of Lot 455 and the North 35 feet of Lot 454, Seven Mile Super Highway Subdivision, City of Livonia, Wayne County, Michigan. Parcel 6 The South 15 feet of Lot 454, all of Lot 453 and the North 5 feet of Lot 452, Seven Mile Super Highway Subdivision, City of Livonia, Wayne County, Michigan. 16026 Parcel 7 The South 45 feet of Lot 452 and the North 25 feet of Lot 451, Seven Mile Super Highway Subdivision, City of Livonia, Wayne County, Michigan. Parcel 8 The South 25 feet of Lot 451 and all of adjoining vacated Pickford Avenue, Seven Mile Super Highway Subdivision, City of Livonia, Wayne County, Michigan. as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and Council Resolution 661-75 is hereby amended and revised to the extent necessary to be in compliance with the action taken herein; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES• Nash, Brown, Raymond, Ventura, Bishop, Bennett and Nash. NAYS• None. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #1073-76 RESOLVED, that having considered a communication dated October 30, 1976 which bears the signatures of 94 residents and which indicates the existence of certain problems in the immediate area of Fairway and Lyndon involving traffic and unruly conduct, the Council does hereby determine to refer the same to the Parks and Recreation Commission, the Traffic Commission and the Police Department for their respective reports and recommendations. By Councilman Bishop, seconded by Councilman Nash, it was RESOLVED, that having considered a communication from the Traffic Commission, dated November 23, 1976, with regard to a survey of parking problems in the area of the Ever-Seven Bingo Club (Ever-Seven Sports Club), the Council does hereby request that the Traffic Commission submit a follow up report conerning this matter in three months; further, the Council does hereby request that the Bureau of Inspection submit a report concerning the status of Building and Use compliance with City Ordinances by the Ever-Seven Sports Club. By Councilman Raymond, seconded by Councilman Bennett, it was RESOLVED, that the foregoing resolution be amended by inserting the words "unless requested sooner" after the words "three months". 16027 A roll call vote was taken on the motion to amend with the following result: imm AYES• Nash, Brown, Raymond, Ventura, Bishop and Bennett. NAYS: McCann. A roll vote was taken on the resolution, as amended, as follows: #1074-76 RESOLVED, that having considered a communication from the Traffic Commission, dated November 23, 1976, with regard to a survey of parking problems in the area of the Ever-Seven Sports Club, the Council does hereby request that the Traffic Commission submit a follow up report concerning this matter in three months, unless requested sooner; further, the Council does hereby request that the Bureau of Inspection submit a report concerning the status of Building and Use compliance with City Ordinances by the Ever-Seven Sports Club. with the following result: AYES. Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS• None. The President declared the resolution, as amended, adopted. By Councilman Raymond, seconded by Councilman Ventura, it was #1075-76 RESOLVED, that the Council does hereby determine to table consideration with respect to the following resolution until such time as a report is received from the Traffic Commission: RESOLVED, that having considered a communication from the Traffic Commission, dated November 23, 1976, and submitted pursuant to Council Resolution 618-76, with regard to certain parking problems which exist in the area of the Ever Seven Sports Club, a Michigan Nonprofit Corporation, 27531 Grand River Avenue, Livonia, Michigan, and having also considered certain other matters which have now come to the attention of the City Council concerning the conduct of bingo games by the said Ever- Seven Sports Club, the Council does hereby determine to take this means to indicate that the said organization no longer qualifies as a recognized non-profit organization in this community and does, therefore, request that the Commissioner of State Lottery, in accordance with the provisions set forth in 1972 PA 382, do all things necessary to revoke the Bingo License previously issued to the said Ever-Seven Sports Club; and the City Clerk is hereby requested to forward a certified copy of this resolu- tion to Mr. Gus Harrison, Commissioner, Bureau of State Lottery, Bingo Division, 940 Long Boulevard, Lansing, Michigan 48913. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Raymond, Ventura, Bishop and Bennett. NAYS: Brown and McCann. The President declared the resolution adopted. 16028 By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Traffic Commission, dated November 23, 1976, and submitted pursuant to Council Resolution 618-76, with regard to certain parking problems which exist in the area of the Ever-Seven Sports Club, a Michigan Nonprofit Corpora- tion, 27531 Grand River Avenue, Livonia, Michigan, and having also considered certain other matters which have now come to the attention of the City Council concerning the conduct of bingo games by the said Ever- Seven Sports Club, the Council does hereby determine to table the question of whether or not the City Council should withdraw its prior approval concerning the qualification of the said Sports Club as a recognized nonprofit organization in the City of Livonia and recommend to the Commissioner of State Lottery that the Bingo License previously issued to the Ever-Seven Sports Club be revoked. A roll call vote was taken on the foregoing resolution with the following result . AYES: Raymond, Ventura and Bennett. NAYS: Nash, Brown, Bishop and McCann. The President declared the resolution DENIED. The communication from the Fire Department, dated November 3, 1976, regarding the parcel of land at the Seven Mile corner of Newburgh Road, which was considered as a future fire station site, was received and filed for the information inf rmation of the Council. By Councilman Nash, seconded by Councilman Brown, it was #1076-76 RESOLVED, that having considered the report and recommendation dated November 15, 1976 from the City Engineer, 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 655-76 adopted on August 11, 1976 so as to reduce the Financial Assurances now on deposit with the City for General Improvements in the Hillbrook Estates Subdivision,located in the N. W. 1/4 of Section 11, to $4500.00, of which at least $1000.00 shall be in cash, to cover the cost of 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: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS. None. 16030 (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 9-122 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) Cash Payments to be made to the City A. Trees $10,080.00 B. Street Name Signs 500.00 C. Traffic Control Signs 500.00 D. Street Light Notification Signs 75.00 E. Engineering Services (General Imp. & Sidewalks) l.Flan Review & Adm. (1-1/2%) $8,862.30 2. Field Inspection (3-1/2%) 20,678.70 29,541.00 F. Engineering Services (Grading & Soil Erosion) 1. Plan Review 125.00 2. Permit and Inspection 625.00 750.00 TOTAL CASH PAYMENTS $41,446.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Plan- ning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Stuatue, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as shall be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts. 16031 General Improvement Bond - $606,000.00, of which at least 10,000.00 shall be in cash Sidewalk Bond - 44,500.00, of which at least 8,900.00 shall be in cash Grading & Soil Erosion Control Bond - 10,500.00, of which at least 2,100.00 shall be in cash Monuments and Markers - 3,025.00 Cash Development of Greenbelt Easement - 30,000.00, of which at least 1,500.00 shall be in cash (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City ordinances; further, the Council authorizes the construction of deep strength asphalt pavement with concrete curbs and gutters in lieu of concrete pavement as required under the Plat Ordinance. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilmt►n Ventura, seconded by Councilman Bishop, it was #1079-76 RESOLVED, that having considered a communication from the City Planning Commission, dated November 29, 1976, which sets forth its resolution 11-226-76 with regard to a request from Jacob Menuck for an extension of the approval of Petition 74-9-8-36, submitted by the Newburgh Land and Development Company, relative to site plan approval previously granted in Council Resolution 807-74, adopted on October 23, 1974, fort erection of multiple dwellings on property located on the south side of Plymouth Road between Stark and Farmington Roads in Section 33, and the Council having previously granted a one year extension of the aforesaid approval in Council Resolution 952-75 adopted on November 25, 1975, the Council does hereby concur in the aforesaid recommendation of the Plan- ning Commission and to grant an extension for an additional one year period, such approval to be subject to compliance with the same conditions as are set forth in the original recommendation of the Planning Commission, Resolution 9-200-74 adopted on September 17, 1974. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. 16032 By Councilman Nash, seconded by Councilman Bennett, it was #1080-76 RESOLVED, that having considered a communication from the Chief Librarian, dated November 22, 1976, approved for submission by the Mayor, wherein it is indicated that the Livonia Public Library has been offered a grant in the amount of $8,000.00 from the W. K. Kellogg Foundation for utilizing existing informational networking to improve services for library patrons, the Council does hereby determine in behalf of the City of Livonia to accept the said gift and takes this means to express its sincere appreciation to the W. K. Kellogg Foundation for the said grant. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #1081-76 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Fblice, dated November 15, 1976, which bears the signature of the Finance Director and is approved for submission by the Mayor, and wherein it is recommended that certain amendments to the Traffic Ordinance be adopted, which amendments would update the same in conformity with the Motor Vehicle Code, the Council does hereby determine to refer this matter to the Department of Law in order to place the said amendments in proper ordinance form and does further request that the Department of Law in its letter of transmittal set forth in detail an explanation of the amendments as submitted. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication dated April 23, 1976 from the City Planning Commission which sets forth its resolution 4-41-76 with regard to Petition 76-2-1-5 submitted by Koppy-Densmore, Inc., for a change of zoning on property located south of Lyndon Avenue, between Levan and Yale, in the S. E. 1/4 of Section 20, from P. L. to R-2, and the Council having conducted a public hearing with respect to this matter on June 21, 1976 pursuant to Council Resolution 438-76, the Council does hereby determine this matter tabled until such time as an Environ- mental Impact study is made. A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond and Ventura. NAYS• Nash, Brown, Bishop, Bennett and McCann. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Raymond, it was 16033 RESOLVED, that having considered a communication dated April 23, 1976 from the City Planning Commission which sets forth its resolution 4-41-76 with regard to Petition 76-2-1-5 submitted by Koppy-Densmore, Inc., for a change of zoning on property located south of Lyndon Avenue, between Levan and Yale, in the S. E. 1/4 of Section 20, from P. L. to R-2, and the Council having conducted a public hearing with respect to this matter on June 21, 1976 pursuant to Council Resolution 438-76, the Council does hereby determine to table the same until the second Regular Meeting to be held in January 1977. A roll call vote was taken ontthe foregoing resolution with the following result• AYES: Raymond, Ventura and Bennett. NAYS• Nash, Brown, Bishop and McCann. The President declared the resolution DENIED. By Councilman Brown, seconded by Councilman Bishop, it was #1082-76 RESOLVED, that having considered a communication dated April 23, 1976 from the City Planning Commission which sets forth its resolution 4-41-76 with regard to Petition 76-2-1-5 submitted by Koppy-Densmore, Inc., for a change of zoning on property located south of Lyndon Avenue, between Levan Road and Yale, in the S. E. 1/4 of Section 20, from P. L. to R-2, and the Council having conducted a public hearing with respect to this matter on June 21, 1976 pursuant to Council Resolution 438-76, the Council does hereby-concur in the recommendation of the Planning Commission and the said Petition 76-2-1-5 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: Nash, Brown, Bishop, Bennett and McCann. NAYS. Raymond and Ventura. The President declared the resolution adopted. Councilman Bishop made the following statement• I am pleased that after all these years, Councilman Raymond and Councilman Ventura are becoming concerned about the environment, particular with respect to all of the other subdivisions that have sailed through, and it is my feeling that this is merely a ruse to compel the City to buy this land. By Councilman Bennett, seconded by Councilman Raymond, it was 16034 #1083-76 RESOLVED, that the Council does hereby request that an L Environmental Impact report be furnished by Koppy-Densmore, Inc., with respect to the property which is the subject of Petition 76-2-1-5 located in Section 20. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Brown, Raymond, Ventura, Bennett and McCann. NAYS: Bishop. The President declared the resolution adopted. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 9 (PARKS AND PLAYGROUNDS) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING PARAGRAPH (oo) TO SECTION 5-901 THEREOF. 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. LThe foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Nabh, seconded by Councilman Raymond, and unanimously adopted, it was #1084-76 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, January 17, 1977, at 8.00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: (1) Petition 76-9-1-31, submitted by Dale Investment Company, for a change of zoning of property located on the east side of Middlebelt between Clarita and Pickford in the Northwest 1/4 of Section 12, from C-1 to C-2, the City Planning Commission having in its resolution 11-217-76 recommended to the City Council that Petition 76-9-1-31 be denied; L 16035 (2) Petition 76-9-1-32, submitted by Helen A. Lord, for a change of zoning of property located on the east side of Stark Road, north of Richland in the Northeast 1/4 of Section 33, from RUF to R-1, the City Planning Commission having in its resolution 11-218-76 recommended to the City Council that Petition 76-9-1-32 be approved, (3) Petition 76-10-1-39, submitted by Diehl & Diehl, Architects, Inc., in behalf of the Archdiocese of Detroit for St. Edith's Parish, for a change of soning of property located south of Five Mile Road between Blue Skies and Newburgh Road in the Northeast 1/4 of Section 19, from R-1 to R-6, the City Planning Commission having in its resolution 11-219-76 recommended to the City Council that Petition 76-10-1-39 be approved, (4) Petition 76-10-1-40, submitted by R. Ajluni, M.D., for a change of zoning of property located south of Curtis and east of Farmington Road in the Southwest 1/4 of Section 10, from RUFC to P.S., the City Planning Commission having in its resolution 11-220-76 recommended to the City Council that Petition 76-10-1-40 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 amendments to the Zoning Ordinance, and/or (b) location of the proposed changes 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 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 Nash, seconded by Councilman Raymond, and unanimously adopted, it was #1085-76 RESOLVED, that having considered a communication dated December 3, 1976 from Ben Kasle and T. A. Richman 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 November 30, 1976 16036 by the City Planning Commission in its resolution 11-241-76 with regard to Petition 76-10-2-20 submitted by Al Green's on the Hill requesting permis- sionL to operate a restaurant as a waiver use within an existing building on property zoned C-2 and located within the Wonderland Shopping Center, south of Plymouth Road, west of Middlebelt Road, in the Northeast 1/4 of Section 35, the Council does hereby designate Monday, January 17, 1977, at 8:00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a] notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordi- nance of the City of Livonia. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #1086-76 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication dated December 18, 1976 from the City Planning Commission which transmits its resolution #12-260-76 adopted on December 14, 1976 with regard to Petition 76-8-2-14 submitted by Georgia A. Gumas, d/b/a/ Soda Saloon, requesting waiver use approval to expand an existing business operation on property zoned C-2 located on the North Side of Five Mile Road, between Middlebelt and Harrison in the S. W. 1/4 of Section 13, the Council does hereby deter- mine to concur in the recommendation made by the City Planning Commission and Petition 76-8-2-14 is hereby approved and granted, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #1087-76 RESOLVED, that having considered a communication dated December 18, 1976 from the City Planning Commission which tranmsits its resolution #12-260-76 adopted on December 14, 1976 with regard to Petition 76-8-2-14 submitted by Georgia A. Gumas, d/b/a Soda Saloon, requesting waiver use approval to expand an existing business operation on property zoned C-2 located on the North side of Five Mile Road, between Middlebelt and Harrison in the S. W. 1/4 of Section 13, the Council does hereby determine to refer the same to the Legislative Committee, for its report and recommendation. 16037 L On motion of Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, this 849th Regular Meeting of the Council of the City of Livonia was duly,,adjourned at 10.40 P. M., December 15, 1976. ADDISR1. r59CITY CLERK