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HomeMy WebLinkAboutCOUNCIL MINUTES 1976-08-11 15759 MINUTES OF THE EIGHT HUNDRED AND FORTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 11, 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 Raymond delivered the invocation. Roll was called with the following result Robert E. McCann, Robert F. Nash, Jerry Raymond, Peter A. Ventura and Robert D. Bennett. Absent--Jerry H. Brown and Robert R. Bishop. Elected and appointed officials present: Addison W. Bacon, City Clerk, Robert M. Feinberg, Assistant City Attorney, Jack Dodge, Director of Finance; Edward G. Milligan, Director of Public Safety-Police, Robert Turner, Police Chief; John Bunk, Fire Chief, John T. Dufour, Superintendent of Parks and Recreation, Robert Biga, Assistant Superintendent of Operations Division, H. G. Shane, Planner IV, Raul Galindo, Engineering Division, Dan Andrew, Planning Commission, and Joseph Taylor of the Zoning Board of Appeals. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #636-76 RESOLVED, that the minutes of the 839th regular meeting of the Council of the City of Livonia, held July 21, 1976, are hereby approved. The following resolution was unanimously introduced, supported and adopted. #637-76 WHEREAS, the Senator Team is a member of the Class "F" Major American League of the Department of Parks and Recreation of the City of Livonia, and WHEREAS, the 1976 team members are Dan Kelley, Dan Abraham, Bob Nash, Mike Kisiel, Tom Truxal, Craig Bramble, Rich Baron, Craig Kersten, Rick Schmidt, Rob Meister, Jeff Craig, Mike Schneider, Dick Medrea, Ron Reed, and Brian Kersten, and WHEREAS, the team was managed by Frank Baron and coached by Tom Craig, Roy Kersten and Jim Schmidt, and WHEREAS, as a result of the ability, perseverance, and spirit of the manager, coaches, and players, the Senators compiled a record of 12 victories and no losses during the regular season and won the championship of the Class "F" Major American League of the City of Livonia, 15760 NOW, REFORE, BE IT RESOLVED that the City Council of the City of Livonia, does hereby take this means to commend and congratulate the entire Senator team for its outstanding accomplishment during the 1976 season. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #638-76 RESOLVED, that having considered a communication from the Director of Finance, dated July 19, 1976, approved for submission by the Mayor, which transmits various financial statements of the City of Livonia for the month ending June 30, 1976, the Council does hereby deter- mine to refer the same to the Finance and Insurance Committee for its report and recommendation. The communication from the Department of Law, dated July 21, 1976, with respect city-owned property located on Joy Road (Lot 57, Joy Road Cozy Homesites Subdivision) was received and filed for the information of the Council. ( CR-184-76) Councilman Ventura took from the table for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition No. 76-4-3-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Ventura, Bennett, Nash 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 VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition No. 76-1-3-1) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Raymond, Ventura, Bennett, Nash and McCann. NAYS. None. 15761 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 CHAPTER 9 (PARKS AND PLAYGROUNDS) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING PARAGRAPH (nn) TO SECTION 5-901 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Nash, seconded by Councilman Ventura, it was *639-76 RESOLVED, that having considered a communication from the Water and Sewer Board, dated July 16, 1976, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits its resolution WS 2104 6/76, the Council does hereby determine to accept the bid of Federal Copper & Aluminum Company, 715 Florida Avenue South, Minneapolis, Minnesota 55426, for supplying the City with 3/4" Copper Water Tubing for the Unit Price Bid of .6069/ft., 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: Raymond, Ventura, Bennett, Nash and McCann. NAYS None. By Councilman Nash, seconded by Councilman Ventura, it was *640-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated July 9, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Gar Wood Detroit Truck Equipment, Inc., 21083 Mound Road, Warren, Michigan 48091, for supplying the City (Operationk Division) with one (1) 5-7 Yard Dump Body and Hoist for the total price of $1,937.00, the same having been in fact the lowest and only bid received and meets all specifications, further, the Council does hereby determine to appropriate and authorize an expenditure of the sum of $1,937.00 from Federal Revenue Sharing Funds previously designated for this purpose. 15762 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bennett, Nash and. McCann. NAYS- None. By Councilman Nash, seconded by Councilman Ventura, it was *641-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated July 9, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Wolverine Ford Truck Sales Inc., 3550 Wyoming, Dearborn, Michigan 48120, for supplying the City (Operations Division) with one (1) Dump Truck Chassis for a total price of $11,190.00, the same having been in fact the lowest bid received and meets all, specifi- cations, further, the Council does hereby determine to appropriate and authorize an expenditure of the sum of $11,190.00 from Federal Revenue Sharing Funds previously designated for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated July 9, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and the Public Utility Manager and approved for submission by the Mayor, the Council does hereby determine to accept the bid of General Electric Company, for supplying the City with nine (9) Mobile Radio Units for the total price of $10,395.00 (Unit Price - $1155.00), the satin having been in fact the lowest bid received and meets all specifications, further, the Council does hereby determine to appropriate and authorize the expenditure of a sum not to exceed $4,620.00 from Federal Revenue Sharing Funds previously designated for this purpose. By Councilman Ventura, seconded by Councilman Bennett, it was *642-76 RESOLVED, that haring considered the report and recommendation of the Superintendent of Operations, dated July 9, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and the Public Utility Manager and approved for submission by the Mayor, with respect to a bid received for nine (9) mobile radio units, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Ventura, Bennett and. McCann. NAYS- Nash. The President declared the resolution adopted. 15763 By Councilman Bennett, seconded by Councilman Ventura, it was 0643-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated July 9, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and, approved for submission by the Mayor, the Council does hereby determine to accept the bid of Wm. F. Sell & Son, Inc., 16555 S. Telegrai71 Road, Taylor, Michigan 481W, for supplying the City (Operations Division) with one (1) Tractor Loader Backhoe for the total price of $15,966.25, the same having been in fact the lowest bid received and meets all specifica- tions; further, the Council does hereby determine to appropriate and authorize an expenditure of the sum of $15,966.25 from Federal Revenue Sharing Funds previously designated for this purpose. A roll call vote was taken on the foregoing resolution with the following result. AYES- Raymond, Ventura, Bennett, Nash and McCann. NAYS- None. By Councilman Ventura, seconded by Councilman Bennett, it was #644-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated July 9, 1976, which bears the signature of the Director of Public Works and the Director of Finance and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Wm. F. Sell & Son, Inc. , 16555 S. Telegraph Road, Taylor, Michigan 4818o, for supplying the City (Operations Division) with one (1) all purpose tractor for the total price of $5,065.00, the same having been in fact the lowest bid received and, meets all specifications, further, the Council does hereby determine to appropriate and authorize an expenditure of the sum of S5,065.00 from Federal Revenue Sharing Funds previously designated for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Ventura, Bennett, Nash and. McCann. NAYS- None. By Councilman Nash, seconded by Councilman Raymond, it was 0645-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated. July 12, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Wm. F. Sell & Son, Inc., 16555 S. Telegraph Road, Taylor, Michigan 48180, for supplying the City (Operations Division) with one (1) front end. Loader for the total price of $26,977.00, the same having been in fact the lowest bid received and meets all specifications, further, the Council does hereby determine to approprdlite and authorize an expenditure of the sum of $26,977.00 from Federal Revenue Sharing Funds previously designated for this purpose. 15764 A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Ventura, Bennett, Nash and. McCann. NAYS. None. By Councilman Raymond, seconded by Councilman Nash, it was #646-76 RESOLVED, that having considered a communication from the City Engineer, dated July 7, 1976, which bears the signature of the Finance Director, is approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize a transfer in the amount of $1,255.00 from the Engineering Division's Printing and Publication Account 441-904 to the following accounts in the following amounts Tools and Supplies (441-766) $ 400.o0 Testing Supplies (441-765) 180.00 Capital Outlay (441-987) 675.00 $ 1255.00 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 Raymond, Ventura, Bennett, Nash and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Nash, it was #647-76 RESOLVED, that having considered a communication from the Fire Chief, dated July 12, 1976, approved by the Director of Public Safety- Fire and the Director of Finance and approved for submission by the Mayor, the Council does hereby determine to appropriate the sum of $3,700.00 from the Unexpended Fund. Balance Account to be transferred to the following accounts in the following amounts $1,700.00 to B.A. 101-338-702.000.000 Salaries and Wages to cover costs for C.E.T.A. Probationary Step Increase $2,000.00 to B.A. 101-338-960.010.000 Education and. Training, to cover tuition reimbursement and other training expenses further, the Council does hereby determine to reflect an increase in the amount of $-3,700.00 in the Revenue Income Account of the Emergency Transport Service Account of the budget, with a like sum to be shown as an offset due to the aforesaid appropriation being made from the Unexpended Fund Balance Account. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bennett, Nash and. McCann, NAYS: None. 15765 By Councilman Nash, seconded by Councilman Bennett, it was 6L1.8_76 RESOLVED, that having considered a communication from the Super- intendent of Operations, dated July 13, 1976, which bears the signature of the Finance Director, is approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to authorize the transfer of the following amounts from the following accounts to the Equipment Maintenance Supplies Account No. 101-446-778.000.000 Section Account No. Amount Administration Benefits 101-444-717.000.000 $ 100 lol-W-719.000.000 80o 101-444-720.000.000 400 101-444-722.000.000 1,000 Roads Benefits 101-463-715.000.000 1,000 101-463-717.000.000 2,500 101-463-719.000.000 6,000 1o1-463-72o.000.000 500 ioi-463-722.000.000 6,oco Sign Shop Salaries 101-475-712.000.000 2,0;.0 Sign Shop Benefits 101-475-717.000.000 700 101-475-719.000.000 1,100 101-475-720.000.000 100 101-475-722.000.000 800 Equipment Maintenance Benefits 101-446-717.000.000 900 101-446-719.000.000 1,500 101-446-722.000.000 1,500 $ 26,500 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: Raymond, Ventura, Bennett, Nash and McCann. NAYS• None. By Councilman Nash, seconded by Councilman Ventura, it was 0649-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated July 9, 1976, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby authorize a Contract in an amount not to exceed $16,350.00 with Harry Fox, Inc. , 28150 Hayes Avenue, Roseville, Michigan 48066, for the removal of 106 dead and diseased trees, including stumps, 15766 in Sections 34, 35 and 36 of the City of Livonia, based upon certain Unit Prices as set forth in attachments, said sum being herein appropriated and authorized to be expended from Act 51, Motor Vehicle Highway Funds, for this purpose, further, the Council does hereby determine to authorize said contract without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213 (d)(1) & (5) of the Livonia Code of Ordinances, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid contractor and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Ventura, Bennett, Nash and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #650-76 RESOLVED, that having considered a communication from Mr. C. R. Charest, attorney, dated July 12, 1976, wherein a request is made for extension of the lease for the Golden Lantern Restaurant between the City and Mr. and Mrs. Dimitrios Gotsis, the Council does hereby determine to refer the same to the Capital Improvement Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Bennett, it was #651-76 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated July 14, 1976, approved for submission by the Mayor, with regard to a request from Arthur P. Gribben, 452 Sunningdale, Inkster, Michigan 48184, 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 and combination of Tax Item No. 46 129 01 0128 002 (33a128b1,129a,130a,179a2,179b2) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of divid- ing and combining of the same into two parcels, the legal descriptions of which shall read as follows PARCEL "A" The North 1/2 of the East 112.0 ft of the West 187.0 ft. of Lot 128, and the East 112.0 ft. of the West 187.0 ft. of Lot 129, "Supervisor's Livonia Plat No. 2, " of the S. 5/8 of the N.E. 1/4 and the E. 1/2 of the N. 3/8 of the N.E. 1/4 of Sec. 33, T. 1 S. , R. 9 E., Livonia Twp. (now the City of Livonia), Wayne Co., Michigan. Rec'd. L 66, P. 1 Plats, W.C.R. Subject to easements and restrictions of record. and 15767 PARCEL "B" The North 1/2 of the West 75.0 ft. of Lot 128, and the West 75.0 ft. of Lots 129 and 130, and the East 10.0 ft. of Lot 179 of "Supervisor's Livonia Plat No. 2" of the S. 5/8 of the N. E. 1/4 and the E. 1/2 of the N. 3/8 of the N.E. 1/4 ofSection 33, T. 1 S., R. 9 E., Livonia Twp. (now the City of Livonia), Wayne Co., Michigan. Rec'd. L. 66, P. 1 Plats, W.C.R. Subject to easements and restrictions of record. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result AYES• Raymond, Ventura, Bennett, Nash and McCann. NAYS None. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was 4652-76 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated July 14, 1976, approved for submission by the Mayor, with regard to a request from Peter and Betty Ebejer, 30629 Green- land Road, Livonia, Michigan, 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, to divide Lot 53 of Bell Creek Estates (Parcel 14c53) into two parcels, the Council does hereby determine to refer the same to the Study Session to be conducted on September 20, 1976. At the direction of the Chair, the item on the agenda with respect to Petition No. 76-5-8-8, submitted by Wabeek Properties, Inc. in connection with a proposal to construct a banking facility at northeast corner of Plymouth and Middle- belt Roads in Section 25, was removed and will be considered at the Study Session to be conducted on September 20, 1976. By Councilman Nash, seconded by Councilman Ventura, it was 4653-76 RESOLVED, that having considered a communication from the City Planning Commission, dated July 20, 1976, which transmits its resolution 7-124-76 adopted on July 13, 1976, with regard to Petition 73-4-8-15 submitted by Philip Pisto, requesting site plan approval in connection with a proposal to construct an addition to an existing building located on the south side of Eight Mile Road between Farmington and Gill Roads in Sectio,, 4, 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 recom- mendation of the Planning Commission and Petition 73-4-8-15 is herety approved and granted, such approval to be based upon the same con.Litioas as those which are set forth in the aforecaid recommendation of the Planning Commiss.�on. 15768 A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Ventura, Bennett, Nash and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #654-76 RESOLVED, that having considered a communication from the President of Kimberly Oaks Civic Association, dated July 13, 1976, with regard to certain problems related to the operation of Ford Field, i.e. , dust and lighting, the Council does hereby determine to refer the same to the Superintendent of Parks and Recreation for his report and recommenda- tion. By Councilman Nash, seconded by Councilman Ventura, it was #655-76 RESOLVED that, Livonia Builders, 36714 Bennett, Livonia, Michigan 48154, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Hilibrook Estates Subdivision, located in the Northwest 1/4 of Section 11, City of Livonia, the said proposed preliminary plat being dated December 10, 1975, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hear- ing on March 2, 1976, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Department of Ptablic Works as is set forth in the report of that department dated July 12, 1976, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordi- nances, as amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such department, all such improvements to be constructed, installea, accomplish- ed and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid 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 sub- ject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be consider- ed as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 9-1?2 of the said Subdivision Control Ordinance, as amended, 15769 (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 $ 410.00 B. Street Name Signs N.A. C. Traffic Control Signs 100.00 D. Street Light Notification Signs 75.00 E. Engineering Services (General Improvement & Sidewalks) 1. Plan Review & Administration (1-1/2%) $ 871+.65 2. Field Inspection (3-1/2%) 2,040.85 2,915.50 F. Engineering Services (Grading & Soil Erosion Control) 1. Plan Review 30.00 2. Permit and Inspection 150.00 180.00 TOTAL CASH PAYMENTS $3,680.50 (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 Statute, the Subdivision Control Act, the Subdivision Control Ordi- nance 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 General Improvement Bond - $59,000.00 of which at least 5,900.00 shall be in cash Sidewalk Bond - 5,000.00 of which at least 1,000.00 shall be in cash Grading & Soil Erosion Control Bond - $2,000.00 of which at least 500.00 shall be in cash Monuments and Lot Markers 675.00 Cash 15770 (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. Raymond, Ventura, Bennett, Nash and McCann. NAYS None. By Councilman Nash, seconded by Councilman Raymond, it was #656-76 RESOLVED, that having considered a communication from the Zoning Board of Appeals, dated July 26, 1976, wherein a request is made for an appropriation sufficient to purchase an IBM Selectric II Typewriter at an estimated cost of approximately $585.00, less trade-in ($200.00), the Council does hereby determine to appropriate and authorize an expenditure of a sum not to exceed $585.00 from the Unexpended Fund Balance Account, less the sum received for the value of the typewriter trade-in, in connection with this item. A roll call vote was taken on the foregoing resolution with the following result AYES. Raymond, Ventura, Bennett, Nash and McCann. NAYS: None. The following resolution was unanimously introduced, supported and adopted #657-76 RESOLVED, that having considered a letter dated July 23, 1976 from Tony Jablonski, Trustee, and Sandy Auge, Trustee of Country Homes Estates Subdivision, requesting permission to close Liverpool between Lancaster and Sherwood on Friday, August 27, 1976, from 6.00 P. M. until 12 00 P. M. for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was 6658-76 RESOLVED, that having considered a petition submitted by certain residents on Rayburn, requesting a road improvement for same, between Merriman and Henry Ruff, received by the Office of the City Clerk on July 23, 1976, the Council does hereby determine to refer the same to the City Engineer for his report and recommendation. By Councilman Raymond, seconded by Councilman Nash, it was 15771 #659-76 RESOLVED, that having considered a communication dated July 20, 1976 from the Department of Law transmitting a Grant of Easement for Council acceptance, which instrument is more particularly described as Grant of Easement dated May 5, 1976 executed by John D. Lehner and Ruth W. Lehner, his wife, and Robert W. Curran and Dolores Curran, and A. J. Etkin Construction Company by its president Alex J. Etkin, wherein an easement is conveyed to the City for the construction of a proposed storm sewer which easement is more particularly described as A parcel of land located in and being a part of the northwest quarter of Section 28, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, being more particularly described as follows Commencing at a point 248.0 feet south of the northwest corner of said Section 28, and thence extending south 89 degree3 58 minutes 55 seconds east 660.0 feet along the southerly line of Highway I-96, thence south 676.23 feet along the westerly line of Richter and Lipton Industrial Subdivision, as recorded in Liber 92 of Plats on pages 6 and 7, Wayne County Records thence north 89 degrees 36 minutes 54 seconds west 333.01 feet to place of beginning, thence south 400.00 feet to the northerly line of Industrial Road (6o feet wide), thence north 89 degrees 36 minutes 54 seconds west 30 0 feet along the northerly line of Industrial Road, thence north 400.0 feet; thence south 89 degrees 36 minutes 54 seconds east 30.0 feet to the place of beginning. the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Ventura, B,.nnett, Nash and McCann. NAYS None. By Councilman Raymond, seconded by Councilman Nash, it was 4,660-76 RESOLVED, that having considered a communication dated July 19, 1976 from the Department of Law transmitting a Grant of Easement for Council acceptance, which instrument is more particularly described as Grant of Easement dated July 6th, 1976 executed by the Felician Sisters 0 S.F. of Livonia by its Acting President Sister Mary Consuela and its Treasurer Sister Mary Avila, granting to the City 15772 A ten-foot wide easement for water main, the centerline of which is described as . Beginning at a point distant S. 00° 03' 19" W. 1017.38 feet along the West line of Section 20 (centerline of Newburgh Road) and due East 60.00 ft., from the West 1/4 corner of Section 20, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, and proceeding thence due East 703.94 feet, thence N. 02° 14' 53" E. 372.19 ft. , thence N. 61° 21' 27" E. 539.11 ft. , thence S. 89° 26' 46" E. 39.02 ft. , thence S. 70° 08' 39" E. 240.10 ft, thence S. 64° 37' 00" E. 62.00 ft. , thence S. 81° 28' 47" E. 138.04 ft. , thence S. 27° 35' 28" E. 98.12 ft. ; thence S. 27° 09' 53" W. 99.46 ft. , thence S. 00° 24' 32" E. 258.94 ft. , thence S. 44° 43' 05" W. 94.26 ft. , thence due West 880.68 ft. to the point of ending. the Council does hereby for and on behalf of the City of Livonia accept the aforewaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES. Raymond, Ventura, Bennett, Nash and McCann. NAYS* None. By Councilman Ventura, seconded by Councilman Raymond, it was 4661-76 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 23, 1976, with regard to an application from Danny's Foods, Livonia, Inc. for e.._new SDM License to be located at 17200 Farmington, Livonia, Michigan, the Council does hereby determine to approve the said request; 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. Raymond, Ventura, Bennett, Nash and McCann. NAYS None. The communication dated July 23, 1976 from the Livonia Fblice Officers Association's Attorney, with respect to their desire to negotiate a new Agreement, was received and filed for the information of the Council. By Councilman Bennett, seconded by Councilman Raymond, it was 15773 #662-76 RESOLVED, that having considered a communication from the City Engineer, dated July 15, 1976, approved by the Director of Public Works and approved for submission by the Mayor, with regard to Special Assess- ment Roll No. 127 which was confirmed by Council Resolution 572-73 adopted on July 11, 1973, for the installation of ornamental street lights in Nottingham Woods West Subdivision No. 2, the Council does hereby determine to amend and revise Special Assessment Roll No. 127 so as to delete therefrom Bureau of Taxation Parcel O9D2a, the action herein being taken for the reasons indicated in the aforesaid communication, and except as otherwise provided for herein, the balance of Council Resolution 572-73 shall continue in full force and effect, 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 Raymond, Ventura, Bennett, Nash and McCann. NAYS None. Councilman Ventura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 33 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 73-8-1-31 rehearing) FOR CHANGE OF ZONING FROM C-1 TO C-2. By Councilman Bennett, seconded by Councilman Nash, and unanimously adopted, it was #663-76 RESOLVED, that having considered a communication from the Depart- ment of Law dated Judy 19, 1976, which submits a proposed amendment to the Zoning Ordinance, relative to Petition No. 73-8-1-31, for property in Section 33, from C-1 to C-2, and the said amendment having been given its first reading by Councilman Ventura on August 11, 1976, the Council does hereby determine to refer the same to the Study Session to be conducted on September 20, 1976 for further consideration. Councilman Ventura gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 22 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. 76-1-1-1 FOR CHANGE OF ZONING FROM RUF TO R-1-B. 15774 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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #664-76 RESOLVED, that the Council having adopted resolution 275-76 at it,; regular meeting held on April 7, 1976 requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed street improvement consisting of a 31 foot wide deep-strength asphalt pavement with concrete curbs and gutters in the Schanhite's Marquette Manor Subdivision in the S. E. 1/4 of Section 25, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, the number parcels which show tax delinquencies, the number of parcels owned by public authorities, the numbc of parcels which are vacant, and having prepared and caused to be prepared plans and specifications therefor and an estimate for the cost thereof, and, to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifica- tions and recommendations have been properly filed by the City Engineer with the City Clerk under date of July 26, 1976, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, September 27, 1976, at 8:30 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publica- tion of such hearing as is required by Section 2-507 of said Code. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #665-76 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, September 27, 1976 at 8 30 P. M., at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items . 15775 1. Petition No. 76-6-1-20 submitted by the City Planning Commission on its own motion for a change of zonipg of property located on the north side of Joy Road between Harrison and. Thorpe Drive in the Southeast 1/4 of Section 36, from RUF to C-2, the City Planning Commission having in its resolution 7-112-76 recommended to the City Council that Petition 76-6-1-20 be approved, 2. Petition No. 76-6-1-21 submitted by the City Planning Commission for a change of zoning of property located on the north side of Joy Road between Inkster and Harrison in the Southeast 1/4 of Section 36, from C-2 to RUF, the City Planning Commission having in its resolution 7-113-76 recommended to the City Council that Petition 76-6-1-21 be approved, 3. Petition No. 76-6-1-22 submitted by the City Planning Commission for a change of zoning of property located on the north side of Joy Road between Inkster and Harrison in the Southeast 1/4 of Section 36, from C-2 to RUF and R-7, the City Planning Commission having in its resolution 7-114-76 recommended to the City Council that Petition 76-6-1-22 be approved, 4. Petition No. 76-6-1-23 submitted by the City Planning Commission pursuant to Council Resolution 463-76 for a change of zoning of property located on the north side of Lyndon Avenue between Farmington and Stark Roads in the Northeast 1/4 of Section 21, from R-2 to R-9, the City Planning Commission having in its resolution 7-116-76 recommended to the City Council that Petition 76-6-1-23 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 (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 railroad 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 Ventura, it was 15776 #666-76 RESOLVED, that having considered a communication from the Mayor Pro Tem, the Finance Director and the Public Utility Manager, dated July 22, 1976, the Council does hereby authorize the purchase of a replacement pump on the power flusher in the Sewer Division from Jack Doheny Supplies, Inc. , Northville, Michigan, at a price not to exceed $3,200.00, the same to be expended from funds available in the Sewer Divi- sion Equipment Maintenance Account, further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated, in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213 (d)(1) & (4) of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result : AYES: Raymond, Ventura, Nash, Bennett and McCann. NAYS None. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #667-76 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 September, 1976 Wednesday, September 15, 1976 and Wednesday, September 29, 1976. By Councilman Ventura, seconded by Councilman Bennett, and unanimously Rdonted, it was #668-76 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 Bennett, seconded by Councilman Ventura, it was #669-76 RESOLVED, that having considered a communication from the Director of Civil Defense, dated July 27, 1976, approved by the Director of Finance and approved for submission by the Mayor, wherein a request is made for an appropriation for auxiliary police salaries incurred in connection with "Spree" and "Muster Day" activities, the Council does hereby determine to appropriate the sum of $4,615.00 from the Unexpended Fund. Balance Account to be transferred to Auxiliary Police Salaries, Budget Account No. 101-429-702.000.000 for this purpose. A roll vote was taken on the foregoing resolution with the following result AYES. Raymond, Ventura, Bennett, Nash and McCann. NAYS. None. 15777 By Councilman Bennett, seconded by Councilman Raymond, it was L #670-76 RESOLVED, that having adopted Council Resolution No. 669-76 wherein the Council determined to appropriate and transfer the sum of $4,615.00 to the Auxiliary Police Salaries Account for payment of salaries of which amount the sum of $4,415.80 was incurred in connection with the "Spree 76" celebration, the Council hereby authorizes the Director of Finance to charge the Livonia Anniversary Committee, Inc., (Spree 76) the sum of $4,415.80 for Auxiliary Police services rendered, and to forward an invoice in that amount requesting payment. A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Ventura, Bennett, Nash and McCann. NAYS None. The following resolution was unanimously introduced, supported and adopted #671-76 RESOLVED, that having considered a letter dated July 1976 from Karen Lafayette, 14457 Riverside Drive, Livonia, Michigan 48154, requesting permission to close Perth Avenue at both of its entrances to Riverside Drive from 5 00 P. M. on September 11, 1976 to 1 00 A. M. on September 12, 1976 for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. *Councilman Bennett was excused at 9.40 p. m. The following resolution was unanimously introduced, supported and adopted #672-76 RESOLVED, that having considered a letter dated August 9, 1976 from Mrs. Robert Martin, 39139 Pinetree, Livonia, Michigan 48150, request- ing permission to close Pinetree Avenue between Bassett and Adams from 9.00 A. M. to 3.00 P. M. on August 24, 1976 for the purpose of conducting a carnival for the benefit of the Muscular Dystrophy Association, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. By Councilman Ventura, seconded by Councilman Nash, it was #673-76 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated May 20, 1976, and the report and recommend- ation of the Chief of Police, dated August 5, 1976, in connection there- with, the Council does hereby approve of the request from MTM Corporation for transfer ownership of 1976 Class License with Dance-Entertainment Permit located at 31735 Plymouth Road, Livonia, Michigan 48150, Wayne County, from Broadway Joe's, Inc. , 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 Raymond, Ventura, Nash and McCann. NAYS None. 15778 *Councilman Bennett returned at 9 50 p. m. Councilman Ventura gave first reading to the following two Ordinances' AN ORDINANCE AMENDING TITLE 5, CHAPTER 1 (STREETS AN]) SIDEWALKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTION 5-103 THEREOF. AND AN ORDINANCE AMENDING TITLE 5, CHAPTER 3 (TREES, SHRUBS AND PLANTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTIONS 5-302, 5-304, 5-313 AND 5-316, By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #674-76 RESOLVED, that having considered a communication from the Mayor, dated August 11, 1976, which transmitted two proposed Ordinances to the Livonia Code of Ordinances, which would purport to transfer the Forestry Division from the Department of Parks and. Recreation to the Department of Public Works, and which proposed ordinances were given their first reading by Councilman Ventura on August 11, 1976, the Council does hereby deter- mine to refer the same to the Legislative Committee for its report and recommendation. *Councilman Bennett was excused at 9 51 p. m. for the remainder of the meeting. By Councilman Nash, seconded by Councilman Raymond, it was #675-76 RESOLVED, that having considered a communication from the Mayor, dated. August 11, 1976, regarding the Sublease Agreement of the Clubhouse of the Idyl Wyld. Golf Club which the City Council previously authorized the Mayor and the City Clerk to enter into in Council resolution #394-76, adopted on April 28, 1976, and the City Being advised by the Michigan Liquor Control Commission that the Class C License for said location can- not issue unless Section 2.8, entitled "Class C Liquor License, " and. Sectioi 3.13, entitled "Indemnity, " of the Sublease be amended so as to have the City share financial responsibility for any liabilities or violations stem- ming from the Class C License of which the City of Livonia is co-licensee, the Council does hereby authorize the Mayor and the City Clerk to execute an amendment to the said Sublease Agreement on behalf of the City of Livonia with Idyl Wyld Catering, Inc., a Michigan corporation, 15467 Ellen Drive, Livonia, Michigan 48154, and the Department of Law is hereby request ed to prepare said amendatory agreement; FURTHER, pursuant to Council Resolution #395-76, the City Clerk is hereby requested to transmit a 15779 L certified copy of this resolution and a copy of the amendment to the Sub- lease Agreement to the Michigan Liquor Control Commission, and, the Mayor, the City Clerk and the Department of Law 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: Raymond, Ventura, Nash and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Raymond, it was #676-76 RESOLVED, that having considered a communication from the City Planning Commission, dated June 28, 1976, which transmits its resolution #6-106-75 with respect to Petition No. 76-6-8-12P of Showerman's Party Stores, Inc., requesting approval of plans required by Section 18.58 of Ordinance No. 543, as amended, in connection with a proposal to construct an addition to an existing commercial building on the North Side of Five Mile Road between Merriman and Arden in Section 15, and the Council having conducted a public hearing with regard to this matter on August 11, 1976 pursuant to Council Resolution No. 601-76, the Council does hereby deter- mine to reject the recommendation of the Planning Commission and the said Petition No. 76-6-8-12P is hereby approved. LA roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Ventura, Nash and McCann. NAYS: Nbne. On motion of Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, this 840th regular meeting of the Council of the City of Livoni% was duly adjourned at 10.10 P. M., August 11, 1976. --i I , ADDI :1 " '0. ON, C'ty Clerk. Iv