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HomeMy WebLinkAboutCOUNCIL MINUTES 1975-08-20 15153 L MINUTES OF THE EIGHT HUNDRED AND SIXTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 20, 1975, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the Vice-President of the Council at approximately 8-20 P. M . Councilman Bishop delivered the invocation. Roll was called with the following result Present--Jerry H. Brown, Robert R. Bishop, Peter A. Ventura, Jerry Raymond, Robert E. McCann and. Robert D. Bennett. Absent-- Robert F. Nash (Vacation). Elected and appointed officials present Addison W Bacon, City Clerk, Harry C. Tatigian, City Attorney, Jack Dodge, Finance Director; Robert Osborn, Director of Public Works, Robert Turner, Police Chief, Ronald Mardiros, City Assessor, John T. Dufour, Superintendent of Parks and Recreation, G. E. Siemert, City Engineer; LH. G. Shane, Planning Department, and Tommy Mitchell of the Traffic Commission. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #706-75 RESOLVED, that the minutes of the 815th regular meeting of the Council of the City of Livonia, held August 6, 1975, are hereby approved. The communication from the Department of Law, dated July 31, 1975, with respect to Michigan Court of Appeals Docket No. 20729 (Daly Drive-In No 6 Co. , vs City of Livonia, et al), was received and filed for the information of the Council. Councilman Ventura took from the table for second reading and adoption 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 L SECTION 3 THERETO. RE- PETITION NO. 75-1-1-1 FOR CHANGE OF ZONING FROM RUF TO P.S. 15154 A roll call vote was taken on the foregoing Ordinance with the following result LAYES Bishop, Ventura, Raymond, McCann and Brown. NAYS Bennett The Vice-President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Raymond took from the table for second reading and adoption the following Ordinance: AN ORDINANCE AMENDING SECTION 15 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE. PETITION NO. 75-1-1-3 FOR CHANGE OF ZONING FROM R-1 TO P. A roll call vote was taken on the foregoing Ordinance with the following result LAYES• Bishop, Ventura, Raymond, McCann, Bennett and Brown. NAYS• None. The Vice-President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Raymond took from the table for second reading and adoption the following Ordinance AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3 THERETO. RE PETITION NO. 75-2-1-4 FOR CHANGE OF ZONING FROM C-1 TO C-2 A roll call vote was taken on the foregoing Ordinance with the following result AYES Bishop, Ventura, Raymond, McCann, Bennett and Brown. NAYS• None. LThe Vice-President declared the foregoing Ordinance duly adopted, and would become effective on publication. 15155 By Councilman McCann, seconded by Councilman Raymond, it was #707-75 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated July 21, 1975, approved by the Finance Director, and approved for submission by the Mayor, with regard to a deficit in the LEEP Education Funds appropriation and a request for additional funds required for the fiscal year ending November 30, 1975, the Council does hereby determine to appropriate and authorize the transfer of the sum of $3,903.89 from the Unexpended. Fund Balance Account to the Education and Training Reimbursement Account(No. 304-960-110) for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Ventura, Raymond, McCann, Bennett and Brown. NAYS None. By Councilman Ventura, seconded by Councilman Bishop, it was 4708-75 RESOLVED, that having considered a communication from the president of the Livonia Historical Commission dated July 23, 1975, with respect to moving and restoration of the Newburgh General Store and the Railway Waiting Room in the Quaker Acres Historical Village project, and a communication from the Michigan American Revolution Bicentennial Commis- sion dated April 21, 1975, the Council does hereby determine to accept a Grant in the sum of $6,200.00 from the Michigan American Revolution Bicentennial Commission, to be designated as revenue in the General Fund. A roll call vote was taken on the foregoing resolution with the following result AYES: Bishop, Ventura, Raymond, McCann, Bennett and Brown NAYS. None. By Councilman McCann, seconded by Councilman Bennett, it was 4709-75 RESOLVED, that having considered a communication from the president of the Livonia Historical Commission dated July 23, 1975, with respect to the moving and restoration of the Newburgh General Store and the Railway Waiting Room in the Quaker Acres Historical Village project, and a communication from the Michigan American Revolution Bicentennial Commishion dated. April 21, 1975, the Council does hereby determine to authorize the expenditure of the sum of $12,400.00 to be used by the Livonia Historical Commission for the purpose of moving and restoring the Newburgh General Store and the Railway Waiting Room in the Quaker Acres Historical Village, further, the Council does hereby appropriate the sum of $6,200.00 from the Unexpended. Fund. Balance Account and the sum of $6,200.00 from revenues previously accepted by the Council by way of a Grant from the Michigan American Revolution Bicentennial Commission for this purpose A roll call vote was taken on the foregoing resolution with the following result AYES: Bishop, Ventura, Raymond, McCann, Bennett and Brown. NAYS: None. 15156 By Councilman McCann, seconded by Councilman Bishop, it was #710-75 RESOLVED, that having considered a communication from the Fire Chief and the Director of Public Safety-Fire dated July 30, 1975, approved by the Director ofFinance, and approved for submission by the Mayor, with regard to the need for funds in the printing account in the Fire Division, the Council does hereby determine to authorize the transfer of the sum of $200 00 from Account No. 101-338-768.000.000, Uniforms, to Account No. 101-336-904.000.000, Printing, for the purposes indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Ventura, Raymond, McCann, Bennett and Brown. NAYS None. By Councilman Bishop, seconded by Councilman McCann, and unanimously adopted, it was 4711-75 RESOLVED, that having considered a communication from the Mayor dated July 29, 1975, with regard to a proposed addition to Police Head- quarters and the communication attached thereto from John Hilberry & Associates Inc. , architects, dated June 2, 1975, the Council does hereby L determine to refer this matter to the Capital Improvement Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, it was #712-75 RESOLVED, that having considered a communication from the Depart- ment of Law dated July 28, 1975, with regard to the feasibility of instituting litigation against Detroit Edison for the installation of street lights, said communication having been submitted to the Council pursuant to Council Resolution No. 492-75, the Council does hereby deter- mine to authorize and direct the Department of Law to institute an appropriate action before the Michigan Public Service Commission with respect to this matter. By Councilman Raymond, seconded by Councilman Bennett, it was RESOLVED, that the foregoing resolution be amended so as to insert the words "at the appropriate time" after the words "appropriate action. " A roll call vote was taken on the amendment with the following result AYES: Raymond and. Bennett. NAYS. Bishop, Ventura, McCann and Brown. The Vice President declared the amendment DENIED. 15157 A roll call vote was taken on the original resolution with the following result. AYES. Bishop, Ventura, Raymond, McCann, Bennett and Brown. NAYS. None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #713-75 RESOLVED, that having considered a communication from the Dorvin Convalescent & Nursing Center, Inc. dated July 24, 1975, requesting that Morlock Avenue, east of Middlebelt Road,be improved, and before determin- ing to improve said street at the said location, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the pro- posed improvement, the number of parcels which shown tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor; 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 obliga- tion of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assess- ment district, pursuant to the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended. Councilman Ventura gave first reading to the following Ordinance. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 75-4-3-4) The foregoing Ordinance, when adopted, is filed in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. The communication from the Police Department, dated July 7, 1975, with respect to the request from Showerman' s Party Store, Inc. , to add space to their SDD-SDM Licensed business, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Bishop, it was 4714-75 RESOLVED, that having considered a communication from the Michi- gan Liquor Control Commission dated July 31, 1975, with regard to an application from Jack D Schmitz, 28538 Bridge, Garden City, Michigan and Richard E. Yorch, 9212 Corrine, Plymouth, Michigan for a new full year tavern license to be located at 36615 Plymouth Road, Livonia, Michigan, the Council does hereby determine to refer the same to its Committee of the Whole along with all other such applications. 15158 A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Raymond, McCann and Brown. NAYS *Ventura and Bennett The Vice-President declared the resolution adopted *Councilman Ventura made the following statement My 'no' vote is cast because I believe that the petitioner for a Class "C" license should be given the opportunity to appear before the Council and present his plans for same. By Councilman McCann, seconded by Councilman Bishop, it was #715-75 RESOLVED, that having considered the report and recommendation dated July 17, 1975, 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 July 17, 1975, the Council does hereby authorize Final Payment in the amount of $11,959 62, to Conco Midwest, Inc., which sum includes the full and complete balance due on a contract dated May 14, 1975, in the amount of S120,474.39 in connection with the 1975 Concrete Pavement Joint and. Crack Sealing Program, Contract 75-E, 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 and 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 furl performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES Bishop, Ventura, Raymond, McCann, Bennett and Brown. NAYS None. By Councilman Bennett, seconded by Councilman McCann, it was #716-75 RESOLVED, that having considered the report and recommendation dated. July 21, 1975 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. July 21, 1975, the Council does hereby authorize Final Payment in the amount of $1,000.00 to DiPonio & Morelli Construction Company, which sum includes the full and complete balance due on a contract dated May 8, 1974, in the amount of $57,318.60, in connection with the D.P.W Site Storm Drainage, Contract 74-A, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor's affidavif, 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. 15159 A roll call vote was taken on the foregoing resolution with the following result. AYES. Bishop, Ventura, Raymond, McCann, Bennett and Brown. NAYS• None By Councilman Bishop, seconded by Councilman McCann, it was #717-75 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated July 16, 1975, approved by the Director of Public Works, and the Director of Finance, and approved for submission by the Mayor, and the attached final Construction Estimate dated July 16, 1975, the Council does hereby authorize Final Payment in the amount of $3,081.19 to Domar Systems (Indiana) Inc. , which sum includes the full and complete balance due on a contract dated September 9, 1974 in the amount of $34,000 00, in connection with the erection of a salt storage facility, it appearing from the aforementioned report that all work under the same contract has been completed in accordance with City standards and specifications, and that the necessary contractor' s affidavit, maintenance and guarantee bonds have been filed, and further, the Council does hereby determine that the sum of $318 81, which sum has been deducted from the original contract amount, be transferred to Material Account Nos. 934-776 and 464-782in the amounts of $191 69 and $127.12, respectively, said sums being a reimbursement to the Operations Division for materials im, expended and labor furnished by the Division at the request of Domar Systems (Indiana) Inc. , 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: Bishop, Ventura, Raymond, McCann, Bennett and Brown NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #718-75 RESOLVED, that having considered a communication from the City Engineer dated August 7, 1975, approved by the Director of Public Works, and approved for submission by the MayorPro Tem, with respect to the temporary installation of a concrete batch plant within Rotary Community Park, in connection with the Six Mile Road paving program (Merriman to Farmington), the Council does hereby determine to authorize Ministrelli Construction Company, Inc. to install a temporary Concrete Batch Plant within the Rotary Community ark, subject to the following conditions A) That Ministrelli Construction Company, Inc. agrees to pay the City of Livonia at the rate of $5.00 per day for each day that the site is occupied by the concrete batch Lplant, and 15160 B) That Ministrelli Construction Company, Inc. agrees to maintain proper dust control in and around the aforesaid site in accordance with the Air Pollution Ordinance of the City of Livonia, and that the area occupied by the batch plant and any related operations in connection therewith is to be restored with 3 inches of topsoil and seeded in accordance with Wayne County Road Commission specifications, and C) That Ministrelli Construction Company, Inc. agrees that any excavation within the parksite area is to be under the jurisdiction and control of the Parks and Recreation Department and the Engineering Division of the City of Livonia, that the location and quantity of fill is to be determined by the Parks and Recreation Department and the Engineering Division, and that permission to fill within the parksite area shall in no way obligate the City of Livonia to accept or accommodate all excavation materials which may be derived from the Six Mile Road paving program, and that all fill material, when requested by the City, is to be free from all broken concrete pipes and other extraneous matter, and that all fill areas are to be graded, seeded and mulched in accordance with Wayne County specifications, at the sole cost and expense of Ministrelli Construction Company, Inc. ; and D) That Ministrelli Construction Company, Inc. shall, at its sole cost and expense, place a 2 inch water service connection (along with a related stop box) from the existing 12 inch water main to the north property line of Six Mile Road, and shall in addition thereto, extend an 8 inch sanitary sewer lead from the existing sanitary sewer located at Hubbard and Six Mile Road northerly to the north property line of Six Mile Road, and E) That Ministrelli Construction Company, Inc shall deposit with the City a $2,500.00 cash escrow payment to guaranty the expeditious restoration of the batch plant area and approved fill areas, said payment to be released to Ministrelli Construction Company, Inc. upon approval of the Parks and Recreation Department and the Engineering Division, and F) That the Ministrelli Construction Company, Inc. shall remove its concrete batch plant and facilities completely no later than the last paving day in 1975; and further, the Mayor and City Clerk are hereby authorized in behalf of the City of Livonia to execute an agreement between the Ministrelli Construction Company, Inc. and the City of Livonia, which shall incorporate all of the foregoing conditions, said agreement to be prepared and approved by the Department of Law, and provided further, that the Engineering Divi- sion, the Law Department, the City Treasurer and the City Clerk shall do all things necessary or incidental to the full performance of this resolu- tion. 15161 A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Ventura, Raymond, McCann, Bennett and Brown NAYS None. By Councilman Ventura, seconded by Councilman Bennett, it was #719-75 RESOLVED, that having considered a communication from the City Engineer dated July 29, 1975, approved by the Director of Public Works, and approved for submission by the Mayor, with regard to Federal partici- pation in the Six Mile Road Improvement Project (Levan Road to the I-96/275 Freeway), and a request by the Wayne County Road Commission with respect to its application to the Michigan Department of State Highways and Transportation and the Federal Highway Administration, the Council does hereby take this means to formally request that a boulevard be constructed on Six Mile Road between Fitzgerald Avenue .and the I-96/275 Freeway, and further, the Council does hereby determine that the City shall assume 100 percent of the local share of that portion of the total project cost which may be attributed to the construction of the aforesaid boulevard. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Ventura, Raymond, McCann, Bennett and Brown. NAYS None. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was #720-75 RESOLVED, that having considered a communication from the Rotary Club of Livonia, Michigan dated August 11, 1975, requesting that the City provide sewer and water facilities in the Rotary Community Park, for the purpose of accommodating proposed restroom facilities to be built by the Rotary Club at said Park, the Council does hereby determine to refer this matter to the Engineering Division for the preparation of a report and cost estimate, which shall thereafter be submitted to Council for its consideration. By Councilman Bishop, seconded by Councilman McCann, and unanimously adopted, it was #721-75 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 12, 1975 on all matters required by Section 2-506 of the Livonia Code of Ordinates, as amended, and a first public hearing having been held thereon on August 4, 1975, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code (1) accept and approve said statement in all respects, 15162 (2) determine to make the improvement consisting of a 24-foot wide, deep-strength asphalt pavement with valley swales (Alternate III), in Green Brier Estates Subdivision No. 2 in the N W 1/4 of Section 15, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated May 12, 1975, (4) determine that the estimated cost of such improvement is $49,647.06, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $17,647.06 and that the balance of said cost and expense of said public improvement amounting to $32,000 00 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows A special assessment district in the N.W 1/4 of Section 15, T 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as containing the following property Bureau of Taxation parcel numbers 15d169 thru 15d182 inclusive 15d183a, 154.184 thru 154188 inclusive (Lots 169 thru 182 inclusive., 183a and 184 thru 188 inclusive of the Green Brier Estates Subdivision No 2). (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against 15163 all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordi- nances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. and, be it further resolved, that the Council does hereby determine to request the Wayne County Drain Commissioner to authorize the City to use surplus construction funds which may be available in other Livonia Drain accounts for the purpose of installing drainage required for Greenland Court in the aforesaid special assessment district. By Councilman Ventura, seconded by Councilman Bennett, it was #722-75 RESOLVED, that having considered a communication dated May 28, 1975 from the City Planning Commission, which sets forth its Resolution No. 4-84-75, with regard to Petition No. 75-2-1-8, submitted by Emerson Building Company for a change of zoning on property located on the west side of Alexander between Sunnydale and Broadmoor in the Southwest 1/4 of Section 13, from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on August 4, 1975, pursuant to Council Resolution No. 504-75, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 75-2-1-8 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• Bishop, Ventura, Raymond, McCann, Bennett and Brown NAYS None. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #723-75 RESOLVED, that with respect to the proposed improvement of the West side of Alexander, between Sunnydale and Broadmoor, and before determining to improve said street at the said location, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by 15164 the proposed improvement, the number of parcels which show tax delinquencies the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of 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 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, pursuant to the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended. The following resolution was unanimously introduced, supported and adopted #724-75 RESOLVED, that having considered a letter dated August 11, 1975 from Ron Shipway, 9261 Knolson, Livonia, Michigan, requesting permission to close Knolson between Northfield and Marie on Saturday, September 6, 1975 from 8.30 p. m. to 11 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 Ventura, seconded by Councilman McCann, and unanimously adopted, it was 4725-75 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 communications from the Mayor dated December 5, 1974 and July 8, 1975, respectively, wherein it is requested that the salary for the Director of Administrative Services be adjusted to a rate of $16,800.00 per year, effective as of December 1, 1974, and the matter having been reviewed and considered by the Committee of the Whole, pursuant to Council Resolution No. 443-75, the Council does hereby determine to approve a salary rate in the amount of $16,800.00 per annum for the position of the Director of Administrative Services, retroactive to and commencing from December 1, 1974. A roll call vote was taken on the foregoing resolution with the following result AYES• Ventura, Raymond and McCann. NAYS Bishop, Bennett and Brown The President declared the resolution DENIED By Councilman Bishop, seconded by Councilman Raymond, it was #726-75 RESOLVED, that having considered communications from the Mayor dated December 5, 1974 and July 8, 1975, respectively, wherein it is requested that the salary for the Director of Administrative Services be adjusted to a rate of $16,800 00 per year, effective as of December 1, 1974, and the matter having been reviewed and considered by the Committee 15165 of the Whole, pursuant to Council Resolution No 443-75, the Council does hereby determine to approve a salary rate in the amount of $16,200 00 per annum for the position of the Director of Administrative Services, the same to be retroactive to and commencing from December 1, 1974 A roll call vote was taken on the foregoing resolution with the following result: AYES- Bishop, Ventura, Raymond, McCann, Bennett and Brown. NAYS None. The following resolution was unanimously introduced, supported and adopted #727-75 RESOLVED, that having considered a letter dated August 11, 1975 from Carol Simpson, 9871 Oporto, Livonia, Michigan, requesting permission to close Oporto Avenue, between Orangelawn and Richland on Saturday, August 23, 1975 from 7 00 p.m. to 12 00 midnight, 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 Bishop, it was #728-75 RESOLVED, that having considered a communication from the Depart- ment of Law, dated August 8, 1975, approved by the Finance Director and approved for submission by the Mayor, with respect to a proposed agree- ment between the Livonia Public Schools School District and the City of Livonia for an exchange of properties, i.e. , 3 74 net acres of school- owned property located at the southeast corner of Middlebelt Road and Orangelawn Avenue, and the south 6 67 acres of Rosedale Park in Section 34, which agreement was previously authorized in council resolution #552-75, the Council does hereby authorize the Mayor and the City Clerk to execute on behalf of the City of Livonia the subject agreement in the form attached to the aforesaid communication which includes a revised paragraph 4 wherein the City agrees to extend to the School District a line of credit in the amount of $45,975 00, and for this purpose the Council does hereby amend and revise council resolution #552-75 only to the extent necessary to be consistent with the action taken herein, the remainder of council resolution #552-75 to continue in full force and effect A roll call vote was taken on the foregoing resolution with the following result• AYES• Bishop, Ventura, Raymond, McCann, Bennett and Brown. NAYS• None. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #729-75 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated August 12, 1975, and 15166 submitted pursuant to Council Resolution No. 615-74, relative to alterna- tive methods of improving the north-south alley, lying south of Roycroft, between Farmington and Surrey Roads in the Southeast 1/4 of Section 16, including the possible vacating of same, and it having been determined that this matter has been resolved by reason of the action taken in Council Resolution No. 421-75, the Council does hereby determine to take no further action with respect to this item. By Councilman Raymond, seconded by Councilman Bishop, it was 4730-75 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated August 12, 1975, and submitted pursuant to Council Resolution No 682-74, with regard to the question of the usability of portions of Horton and Leon Avenues in the Northeast 1/4 of Section 31, the Council does hereby determine as follows 1) To deny approval of the vacating of Leon Avenue, 2) To approve the vacating of Horton Avenue based, however, upon the following condition That this matter be referred to the Department of Law for the purpose of entering into negotiations with the owner of the premises, known as the Parkside Bar, relative to granting Parkside Bar the westerly thirty (30) feet of Horton Avenue in consideration of a grant to the City, by dedication, by the Parkside Bar of seven (7) feet of right-of-way on the north side of Ann Arbor Road, extending the length of the premises owned by the Parkside Bar, including the westerly thirty (30) feet of Horton Avenue, and Further, the Council does hereby request that in the event the Wayne County Road Commission desires to dispose of property known as Lot 24, (Section 31) Horton's Newburgh Subdivision as recorded in Liber 37, Page 67, Wayne County Records, the City of Livonia shall have the first option to acquire said property, including the easterly thirty (30) feet of Horton Avenue, upon the vacating of same. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Ventura, Raymond, McCann, Bennett and Brown NAYS. None. By Councilman Raymond, seconded by Councilman Bennett, it was #731-75 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated August 12, 1975, and submitted pursuant to Council Resolution No. 632-75, with respect to a 15167 proposed entrance to the Jaycee Park in Section 3, the Council does hereby determine to refer the park plans to the Department of Parks and Recrea- tion for their review as to possible changes or modifications of the activity areas at said park, further, the Council does hereby determine to refer this matter to the School Board Liaison Committee for the purpose of attempting to obtain an easement on the south side of Tyler School in order to effectuate an entrance to said park from Parker Avenue, and to consider the installation of a parking area southwest of the school proper- ty, and further, the Council does hereby determine that this matter be referred to the Department of Law for the purpose of attempting to obtain a right-of-way in the vicinity of the parcels of property occupied by the Woodlore Condominiums and Ardmore Nursing Home in order to extend Pembroke Avenue westerly to Farmington Road for the purposes of effectuating an entrance to the Jaycee Park from Farmington Road. A roll call vote was taken on the foregoing resolution with the following result AYES• Bishop, Ventura, Raymond, McCann, Bennett and Brown NAYS None. By Councilman Raymond, seconded by Councilman Bennett, it was 4732-75 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated August 12, 1975, and 11, submitted pursuant to Council Resolution No. 638-75, with respect to the condition of paving and status of water main repairs, as well as final paving costs and adjustments in the Special Assessment Rolls for Cardwell Avenue between W. Chicago and Orangelawn (S A.D No. 123), the Council does hereby determine to readjust the Special Assessment Rolls in conformi- ty with Paragraph 4, Page 4, of the report submitted by the City Engineer dated June 24, 1975, and as reflected in Table I attached to said report entitled "Rate Based on Final Costs, Excl. Adj . in C R. 64-74. " A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Ventura, Raymond, McCann, Bennett and Brown. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was 4733-75 RESOLVED, that having considered a communication dated August 12, 1975, regarding an application from Doyle & Walter Company, a Michigan Corporation, requesting approval of an application for a Michigan Liquor Control Commission Class "C" Liquor License, to be located at 29941 Ply- mouth Road, Livonia, Michigan, Wayne County, the Council does hereby determine to take this means to advise the Michigan Liquor Control Commis- sion that the City Council approves the said request "above all others, " such approval being subject to and conditioned upon compliance by the applicant with the following conditions 1. That the license will be put to use within the City of Livonia within 2 years from the date of issuance by the Michigan Liquor Control Commission 15168 2. That the license will be used at the location indicated by the applicant in accordance with plans and other communications submitted to the Council. 3. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 4. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. 5. That a Police Report will be submitted to the Council In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked, except to the extent that the applicant may be permitted to seek modification of condition No. 2 above, upon approval of such modification by the City Council based upon a show- ing of good cause, and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commis- sion, further, the Council does hereby determine to rescind and repeal Council Resolution No. 411-75 adopted on May 21, 1975, Council Resolution No. 304-75 adopted on April 23, 1975, and Council Resolution No. 804-61 adopted on November 13, 1961, copies of which repealed resolutions shall also be forwarded to the Michigan Liquor Control Commission, for ease of reference. A roll call vote was taken on the foregoing resolution with the following result AYES. Bishop, Ventura, Raymond, McCann and Bennett. NAYS Brown. The Vice President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bishop, it was #734-75 RESOLVED, that having considered a communication dated August 18, 1975 from the City Planning Commission, which transmits its resolution #8-177-75 adopted on August 12, 1975, with regard to Petition No 75-7-2-17 submitted by Demeter & Goodman Company, requesting permission to operate a restaurant within an existing building as a waiver use, on property zoned C-2, located south of Plymouth Road, west of Middlebelt Road, within the Wonderland Shopping Center, in the Northeast 1/4 of Section 35, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No 75-7-2-17 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result AYES• Bishop, Ventura, Raymond, McCann, Bennett and Brown. NAYS• None. 15169 By Councilman Raymond, seconded by Councilman Bishop, it was #735-75 RESOLVED, that having considered a communication dated August 18, 1975 from the City Planning Commission, which transmits its resolution #8-178-75 adopted on August 12, 1975, with regard to Petition No. 75-7-2-18 submitted by Demeter & Goodman Company, requesting permission to operate a Class C Liquor Licensed establishment as a waiver use, on property zoned C-2, within an existing building located on the south side of Plymouth Road, west of Middlebelt Road, within the Wonderland Shopping Center, in the Northeast 1/4 of Section 35, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 75-7-2-18 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result AYES: Bishop, Ventura, Raymond, McCann, Bennett and. Brown. NAYS. None. By Councilman McCann, seconded by Councilman Raymond, and unanimously adopted, this 816th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9.40 P. M., August 20, 1975. .i ADDISON W. BAi ity lerk. No.... L