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HomeMy WebLinkAboutCOUNCIL MINUTES 1975-03-26 14845 L MINUTES OF THE EIGHT HUNDRED AND SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 26, 1975, 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 8:12 P. M. . Councilman Ventura gave the invocation. Roll was called with the following result: Present--Robert F. Nash, Robert R. Bishop, Peter A. Ventura, Jerry Raymond, Jerry H. Brown, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present Addison W. Bacon, City Clerk, Harry T. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works, Michael McGee, Administrative Assistant to the Mayor, Ronald Mardiros, City Assessor, John Nagy, City Planner; G. E. Siemert, City Engineer, Daniel Gilmartin, Industrial Coordi- Lnator, John Dufour, Superintendent of Parks and Recreation, Stanley Bien, Chief Librarian; Russell Gronevelt, Superintendent of Operations Division, Gene Ehrstin, Director of Public Safety-Pblice; Francis Hand, Planning Commission, and Michael Reiser of the Water and Sewer Board. By Councilman Brown, seconded by Councilman Ventura, and *unanimously adopted, it was #204-75 RESOLVED, that the minutes of the 805th regular meeting of the Council of the City of Livonia, held March 12, 1975, are hereby approved. *Councilman McCann abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2-119 of the Livonia Code of Ordinances. The communication from the Department of Law, dated March 26, 1975, with respect to the proposed purchase of Idyl Wyld Golf Course, was received and filed -eor the information of the Council. The communication from the Department of Law, dated February 25, 1975, with Lrespect to Wayne County Civil Action No. 74-005753-CZ (Xerox Corporation vs City of Livonia) was received and filed for the information of the Council. 14846 Councilman Ventura gave second reading to the following Ordinance AN ORDINANCE AMENDING SECTION 3 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. 73-7-1-29 FOR CHANGE OF ZONING FROM R-3 TO C-1. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS. None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Brown gave second reading to the following Ordinance AN ORDINANCE AMENDING SECTION 9 OF THE ZONING MAP OF THE CI`T'Y 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. 74-9-1-27 FOR CHANGE OF ZONING FROM C-1 TO R-3. A roll call vote was taken on the foregoing Ordinance with the following result AYES• Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance AN ORDINANCE AMENDING SECTION 20 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. 74-9-1-30 FOR CHANGE OF ZONING FROM R-6 AND C-1 TO PO-I 14847 A roll call vote was taken on the foregoing Ordinance with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop gave second reading to the following Ordinance AN ORDINANCE AMENDING SECTION 20 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. 74-9-1-31 FOR CHANGE OF ZONING FROM AG, R-6, R-7 and C-1 TO RUF. A roll call vote was taken on the foregoing Ordinance with the following result. AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. lbwNAYS. None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (PETITION NO. 74-10-3-11) A roll call vote was taken on the foregoing Ordinance with the following result AYES. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS• None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop gave second reading to the following Ordinance. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (PETITION NO 74-10-3-12) 14848 A roll call vote was taken on the foregoing Ordinance with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance. AN ORDINANCE AMENDING SECTIONS 2-2306, 2-2307, 2-2308, 2-2309, 2-2310 & 2-2311 OF TITLE 2, CHAPTER 23 (ARTS ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop, and Nash. NAYS* None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. *Councilman Brown was excused at 8 57 p. m. Councilman Bennett gave second reading to the following Ordinance* AN ORDINANCE AMENDING TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING THERETO CHAPTER ENTITLED "PHYSICAL LIMITATION DISCRIMINATION ORDINANCE. " A roll call vote was taken on the foregoing Ordinance with the following result AYES Ventura, Raymond, McCann, Bennett, Bishop and Nash. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. *Councilman Brown returned at 8 58 p. m. Councilman Bennett gave second reading to the following Ordinance 14849 AN ORDINANCE AMENDING SECTION 5-1206 OF TITLF 5, CHAPTER 12 (ANTI-LITTER ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following resu)t. AYES Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS* Ventura. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance AN ORDINANCE AMENDING SECTION 2.10 OF ARTICLE II OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "ZONING ORDINANCE OF THE CITY OF LIVONIA." (Petition No. 74-4-6-1) A roll call vote was taken on the foregoing Ordinance with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Brown, seconded by Councilman Bishop, it was #205-75 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated February 19, 1975, which bears the signature of the Finance Director, is approved by the Director of Public Works and the Chairman of the Water & Sewer Board, and is approved for submission by the Mayor, as well as a communication dated March 17, 1975 from the Superintendent of Operations, approved by the Director of Public Works, the Council does hereby determine to accept the bid of Colony Chrysler-Plymouth, Inc., 111 W. Ann Arbor Road, Plymouth, Michigan 48170 for supplying the City (Equipment Maintenance Section) with seven (7) Intermediate Passenger Cars for a total price of $20,073.75, the same having been in fact the lowest bid received for this item and meets all specifications; and further, the Council does hereby determine to appropriate and transfer the sum of $2,797.50 from the Unexpended Fund Balance Account to the Equipment Maintenance Account No. 464-970 for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Brown, Bishop and Nash. NAYS McCann and Bennett. The President declared the resolution adopted. 14850 By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #206-75 RESOLVED; that the Council does hereby request that the Super- intendent of Operations submit his report and recommendation relative to the use of either intermediate or compact vehicles in all City Departments. *Councilman Bennett was excused at 9 12 p. m. By Councilman McCann, seconded by Councilman Ventura, it was #207-75 RESOLVED, that having considered a communication from the City Treasurer dated February 25, 1975, wherein a request is made for an appropriation in the amount of $1,500.00 to cover certain paper and print- ing costs, the Council does hereby determine to refer the same to the Director of Finance for his report and recommendation. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Brown, McCann, Bishop and Nash. NAYS. None. *Councilman Bennett returned at 9 13 p. m. By Councilman Ventura, seconded by Councilman Brown, it was #208-75 RESOLVED, that having considered the report and recommendation of the Energy Conservation Committee Chairman dated February 17, 1975, which bears the signature of the Finance Director, and is approved for submission by the Mayor, wherein it is recommended that the ceiling of the Building Maintenance and Sign Shop Offices located in the D.P W Building be insulated, the Council does hereby determine to appropriate and authorize the expenditure of the sum of S450.00 from the Unexpended Fund Balance Account for the purchase of said insulation, the Operations Division to do all other work necessary in order to provide the labor required for installation of same. A roll call vote was taken on the foregoing resolution with the following result. AYES. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS. None. By Councilman Brown, seconded by Councilman Bishop, it was #209-75 RESOLVED, that having considered the report and recommendation of the City Engineer dated February 13, 1975, approved by the Director of Public Works, and approved for submission by the Mayor, to which is attached a letter dated February 10, 1975, from the Wayne Fence and Supply Company, the Council does hereby determine to authorize additional fencing and a gate at the City's Sanitary Landfill Site (D.P.W. Glendale Yard) by the Wayne Fence and Supply Company for the price of $8,862.00, 14851 in the manner and for the reasons indicated in the aforesaid communication, such work to be added to the action authorized in Council resolution No. 16-75, further, the Council does hereby appropriate a sum not to exceed $8,862.00 from the Unexpended Fund Balance Account of the Municipal Refuse Fund to be transferred to Account No. 304-970 for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. By Councilman Brown, seconded by Councilman Ventura, it was #210-75 RESOLVED, that having considered a communication from the Livonia Housing Commission dated February 24, 1975, approved for submission by the Mayor, wherein a request is submitted for appropriation of funds for the following purposes 1 Renovating stoves in Building No. 1 by replacing burners. $11,200.00 2. Install smoke detectors in Buildings No 1 and No. 2 - 158 units. 6,700.00 Iftw 3. Two containers for the removal of rubbish from Building No. 1. 750.00 Total Estimated cost $18,650.00 the Council does hereby determine to appropriate a sum not to exceed $19,950.00 from Federal Revenue Sharing Funds for the foregoing items, provided, however, that approval of Item No. 1 above shall be predicated upon the specifications for same being prepared with the assistance of the Bureau of Inspection, further, that approval of Item No 2 is predicated upon the specifications for same being prepared with the assistance of the Fire Division and in this regard the total amount allocated for Item No. 2 shall be in the amount of $8,000.00 A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. By Councilman Ventura, seconded by Councilman Bishop, it was #211-75 RESOLVED, that having considered a communication from the Person- nel Director dated February 11, 1975, which bears the signature of the Finance Director, and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on February 4, 1975, wherein a request is submitted for an additional appro- priation in the amount of $5,580.00 to cover additional cost of employee 14852 coverage for the balance of the fiscal year under the Blue Cross-Blue Shield plan, the Council does hereby determine to appropriate and authorize the expenditure of the sum of $5,580.00 from the Unexpended Fund Balance Account for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. By Councilman Brown, seconded by Councilman Raymond, it was #212-75 RESOLVED, that having considered a communication from the City Clerk dated February 25, 1975, with attachments, the Council does hereby determine to accept the bid of 3M Business Products Sales, Inc., 22100 Telegraph Road, Southfield, Michigan 48075 for supplying the City with the following Microfilm equipment (1) Cartridge Reader/Printer v/Stand (1) Microfilm Reader lie (1) Carousel File for the price of $4,933.80, the same having been in fact the lowest bid received and meets specifications for these items, further, the Council does hereby determine to authorize camera and stand rental, and the purchase of necessary cartridge film and other supplies for the balance of the fiscal year in the estimated total amount of $1,353.60, and the Council does hereby determine to appropriate the sum of $6,287.40 to be expended from Federal Revenue Sharing Funds for these purposes, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS. None. By Councilman McCann, seconded by Councilman Bennett, it was #213-75 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated January 21, 1975, with respect to the request of The Great Atlantic and Pacific Tea Company, Incorporated for a new SDD License, in conjunction with a 1974 SDM license located at 38000 Ann Arbor Road, Livonia, Michigan, the Council does hereby recommend that the Liquor Control Commission deny the said request inasmuch as the area in question is already being adequately served by existing SDD Licenses, and the approval of an additional SDD License in this area would be detrimental to the City of Livonia and its residents, and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission 14853 LA roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. By Councilman Bishop, seconded by Councilman McCann, it was #214-75 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated January 30, 1975, approved by the Finance Director, and approved for submission by the Mayor, with respect to the lease of the Devon-Aire Ice Arena by the Red Wing Old Timers to conduct a Hockey School beginning on August 18, 1975 through August 30, 1975, excluding Sundays, the hours of operation of which would be as follows Monday through Friday -- 8 00 a.m. to 3 30 p. m. Saturday -- 8 00 a.m. to 11 00 a. m. at a rental rate of $30.00 per hour for a sum of $1,215.00 per week (and based upon the firm commitment that they will use the ice for a two-week period), and such agreement to be based upon the use of such facilities by the Parks and Recreation Department after 3 30 p. m. during the week and after 11 00 a.m. on Saturdays and all day on Sundays for general skat- ing and ice rental, the Council does hereby approve of the use of the Devon-Aire Ice Arena for this purpose, and the Council does ±urther author- ize the Mayor and City Clerk to execute a Lease Agreement to be prepared by the Department of Law between the City and the Red Wing Old Timers in accordance with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. By Councilman Bennett, seconded by Councilman Raymond, it was #215-75 RESOLVED, that having considered a communication dated February 26, 1975 from the City Planning Commission, which transmits its Resolution No. 2-24-75, adopted on February 11, 1975, with regard toPetition No. 74-12-2-23, submitted by Leon and Tom Pritchard requesting waiver use approval to establish a real estate office in existing building located on property zoned PS on the north side of Five Mile Road between Brookfield and Mayfield in the Southwest 1/4 of Section 15, the Council does hereby determine to concur in the recommendation made by the City Planning Com- mission and Petition No. 74-12-2-23 is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result LAYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. 14854 By Councilman Ventura, seconded by Councilman McCann, it was #216-75 RESOLVED, that having considered the report and recommendation dated February 20, 1975, from the City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of the Meri-Lynn Farms Subdivision No. 4, the Financial Assurances previously deposited with respect to remaining improvements in said subdivision, deposited with the City in accordance with Council resolution No. 603-58 adopted on September 22, 1958, and subsequently amended by resolutions No. 475-59 adopted on July 27, 1959, No. 561-59 adopted on September 14, 1959, No. 258-60 adopted on May 9, 19'6D, No. 576-60 adopted on September 26, 1960, No. 795-61 adopted on November 13, 1961, and No 846-62 adopted on November 14, 1962, which previously re':uced such financial assurances to $1,000.00 to guaranty the City's installation of improvements in Meri-Lynn Farms Subdivision No 4, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia, 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 Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. The item on the agenda with respect to recommendation of theCtVJA Service Commission regarding benefits for Public Service Intern classifications, dated February 11, 1975, was removed, and will be considered at the Study Session to be conducted April 14, 1975 By Councilman Ventura, seconded by Councilman Bishop, it was #217-75 RESOLVED, that having considered the report and recommendation of the City Treasurer dated February 24, 1975, relative to S A D No. 131, street lighting for Livonia Industrial Park Subdivisions No. 1 and No. 2 and Farmington-Plymouth Industrial Complex Subdivision, the Council does hereby authorize the waiving of the 1974 Lighting Assessment as provided for on tax bills previously issued in connection with these subdivisions, as well as the reimbursement of the amount of such assessments as may have already been paid upon receipt by the City Treasurer of a written request for refund, and as to those bills which have not been paid as yet, these assessments are authorized to be deleted from the tax bills, and the City Treasurer and City Clerk are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES• Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. 14855 L Councilman Brown gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 6-171 OF TITLE 6, CHAPTER I (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 6-171(y) THERETO. 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. By Councilman Ventura, seconded by Councilman Bishop, it was #218-75 RESOLVED, that having considered a communication from the Depart- ment of Law dated February 25, 1975, approved by the City Engineer and the City Planner, and approved for submission by the Mayor, the Council does hereby determine to authorize the Mayor and the City Clerk to execute a Quit Claim Deed on behalf of the City of Livonia conveying to Patrick J O'Hara and Stanley J. Lerash, as tenants in common, the following described property imig The East 40 ft. of that part of the S W 1/4 of Section 30 described as beginning at a point distant N. 88° 50' 35" E along the South Section Line 304.92 ft. and N 2° 03' 48" W. 1079 37 ft. from the S. W. corner of Section 30 and proceeding thence N 75° 32' 06" West 156.35 ft., thence North 1° 5' 20" West 587 73 ft., thence South 76° 31' 13" East along the Centerline of Plymouth Road 155 58 ft., thence South 1° 55' 20" East 590.52 feet to the point of beginning, except the North 60 feet thereof, subject to a public easement over the entire parcel described herein for purposes of constructing and maintaining sanitary and storm sewers within said property, and further, no permanent structures are to be erected within the boundaries of said property. such conveyance to be made subject to retention by the City of a full-width sanitary and storm sewer easement over the subject property, further, the conveyance herein authorized shall not be made until such time as the City of Livonia receives the Plymouth Road right-of-way required relative to Bureau of Taxation Parcels 30M2a and 30N1a, and the Department of Law is hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. 14856 The communication dated February 21, 1975 from the Department of Law, with respect to the Livonia Building Code, Ordinance No. 1152 (Insulation Requirements) was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Brown, it was #219-75 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated March 4, 1975, approved by the Finance Director, and approved for submission by the Mayor, which transmit - a resolution adopted by the Parks and Recreation Commission onMarch 3, 1975, with regard to a new three-year contract commencing on March 15, 1975 and terminating on November 15, 1977, between the City of Livonia and Gary Whitener, Golf Pro, at the Whispering Willows Golf Course, the Council does hereby determine to concur in the recommendation of the Parks and Recreation Commission, such contract to be based upon the same terms and conditions presently provided except, however, that during the term of this agreement the City shall pay the Golf Pro the sum of $8,000.00 per annum in equal monthly installments beginning April 15, 1975, such annual salary and position of Golf Pro to be subject to review and possible adjustment on November 15, 1975 and on November 15, 1976, further, the Council does hereby authorize the Mayor and City Clerk to affix their signatures to the aforesaid contract for and on behalf of the City of Livonia, such contract to be approved as to form by the Depart- ment of Law. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. By Councilman Ventura, seconded by Councilman Bennett, it was #220-75 RESOLVED, that having considered a communication dated March 10, 1975 from the Department of Assessment, approved for submission by the Mayor, with regard to a request from United Homes, Inc., 24801 Five Mile Road, Detroit, Michigan 48239 dated February 10, 1975, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zon- ing Ordinance, as amended, the Council does hereby find that the proposed Division or Partition of Tax Items 09a359 to 361a and 09a361b,362 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into three (3) Parcels, the legal descriptions of which shall read as follows a) Site No. 1 Lot 362 and the North 15 ft. of Lot 361, Seven Mile Superhighway Subdivision. b) Site No. 2 The South 35.0 ft. of Lot 361 and the North 30 ft. of Lot 360, Seven Mile Superhighway Subdivision. c) Site No. 3 Lot 359 and the South 20 ft. of Lot 360, Seven Mile Superhighway Subdivision. 14857 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 Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. By Councilman Ventura, seconded by Councilman Bennett, it was #221-75 RESOLVED, that having considered a communication dated January 7, 1975 from the City Planning Commission which sets forth its Resolution No. 11-231-74, with regard to Petition No. 74-9-1-28 submitted by Charles S. Sizemore for Trinity Baptist Church for a change of zoning on property located north of Six Mile Road, east of Haggerty Road in the Southwest 1/4 of Section 7, from R-5 to P S. and R-9-III, and the Council having conducted a public hearing with regard to this matter on March 10, 1975, pursuant to Council Resolution No. 44-75, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 74-9-1-28 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS. None. By Councilman Bishop, seconded by Councilman Ventura, it was #222-75 RESOLVED, that having considered a communication dated January 7, 1975, from the City Planning Commission which sets forth its Resolution No. 11-224-74, with regard to Petition No. 74-10-1-33 submitted by the City Planning Commission on its own motion for a change of zoning on property located east of Wayne Road between Six Mile Road and Curtis Avenue in the Southwest 1/4 of Section 9, from R-4-B to P.L., and the Council having conducted a public hearing with regard to this matter on March 10, 1975, pursuant to Council Resolution No. 44-75, the Council does hereby concur in the recommendation of the Planning Commission and said Petition No. 74-10-1-33 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publica- tion 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 prepmee an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. 14858 L A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. By Councilman Ventura, seconded by Councilman Bishop, it was #223-75 RESOLVED, that having considered a communication dated January 7, 1975, from the City Planning Commission which sets forth its Resolution No. 11-225-74, with regard to Petition No. 74-10-1-34, submitted by the City Planning Commission on its own motion, for a change of zoning on property located north of Seven Mile Road between Gill Road and Wayne Road, if extended, in the Southwest 1/4 of Section 4, from RUF-B to P.L., and the Council having conducted a public hearing with regard to this matter on March 10, 1975, pursuant to Council Resolution No. 44-75, the Council does hereby concur in the recommendation of the Planning Commis- sion and the said Petition No. 74-10-1-34 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary mag for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS. None. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was ##224-75 RESOLVED, that the Council does hereby request that the Parks and Recreation Commission submit its report and recommendation relative to the possible relocation of the Model Airplane Activity at the Bicentennial Park to a new location and/or providing fencing on the Easterly boundary of the present site. By Councilman Ventura, seconded by Councilman Raymond, it was #225-75 RESOLVED, Whereas, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 146, more particularly described in Council Resolution No. 116-75 adopted on February 5, 1975, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having L been prepared on the basis of street lighting being installed in Industrial Road and Westmore Avenue in said Special Assessment District No. 146, 14859 NOW, THEREFORE, BE IT RESOLVED, THAT the said Council does hereby determine that said street lights shall be installed with ornamental street lights with underground wiring and that the assessments set forth in said Special Assessment District No. 146 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. 146 based on installation of ornamental street lights with underground wiring is hereby approved and confirmed in all respects pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote wasiaken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. By Councilman Bennett, seconded by Councilman Brown, it was 4226-75 RESOLVED, that having considered a communication from the Department of Law dated March 14, 1975, submitted pursuant to Council resolution 4769-74, approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire for right-of-way purposes the following described property from the owner thereof, The E. 30 feet of that part of the N. W. 1/4 of Section 13, des. as beginning at the N. 1/4 corner of Section 13, and proceeding thence S. 0° 6' 30" W. along the N. & S. 1/4 line of said Section, 275 63' , thence due W. 200' , thence due N. 275-63' to the N. line of Section 13, thence due E. along said N. line 200' to the point of beginning, excluding the N. 60' thereof. that the terms and conditions upon which this acquisition is authorized are as follows 1. that the purchase price shall be in the amount of $2700.00, 2. that a sum not to exceed $25 44 is hereby authorized to be expended for the proration of city, school and county taxes, 3. that the foregoing amounts are hereby authorized to be expended from the Motor Vehicle Highway Fund (Major Roads), and 1486o 4. that the City Clerk, the City Treasurer, 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 Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS• None. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was 1227-75 RESOLVED, that having considered a communication from the City Engineer dated February 25, 1975, approved by the Secretary of the Plan- ning Commission, and wherein the vacating of a 20-foot wide permanent easement is recommended where the same is situated on Lot No. 32 of the St. Mary Estates Subdivision, in Section 20, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Charter. By Councilman Brown, seconded by Councilman McCann, it was #228-75 RESOLVED, that having considered a letter dated March 13, 1975 from the Allied Veterans' Committee of Livonia, Michigan, regarding the Memorial Day Parade for 1975 to be conducted on May 26, 1975, between the hours of 10 00 a.m. and 12 00 noon, the Council does hereby grant permis- sion to the said Allied Veterans Committee to conduct such parade on Farmington Road beginning south of Six Mile Road and ending south of Five Mile Road, further, the Council does hereby request the Parks and Recreation Commission together with interested citizens to do all things necessary in organizing and in assisting with such parade and for this purpose to expend a sum not to exceed $500 00 from Account No. 101-885, further, the Council does hereby request the Director of Public Safety- Police to extend all necessary assistance of the Police Department with respect to all matters under its jurisdiction which may be required or pertinent to the conduct and success of the Memorial Day activities. A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was 1+861 x#229-75 RESOLVED, that having considered a communication from the Cushion 'n' Cue Recreation Centers, dated March 13, 1975, with regard to the tournament to be conducted at the said lounge which is located at 27630 Schoolcraft Road, Livonia, Michigan, i.e. 1975 Billiard News National Open Men's and Women's Straight Fool Championships, on May 23, 24, 25, and 26, 1975, the Council does hereby determine that for this tournament only on the said dates and location the time regulations set forth in Section 4-401 shall be waived to the extent necessary beyond the normal 2 00 A. M curfew in order to permit completion of matches conducted in connection with this tournament. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was #230-75 RESOLVED, that having considered a communication from the Director of Finance dated March 11, 1975, approved for submission by the Mayor, together with attachments, concerning proposed Public Official Liability Insurance and Assault & Battery Insurance, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. By Councilman Brown, seconded by Councilman McCann, it was ##231-75 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated March 12, 1975, and submitted pursuant to Council Resolution No 921-74, in connection with a communica tion from the Superintendent of Parks and Recreation dated November 15, 1974, approved by the Finance Director, and approved for submission by the Mayor, with regard to the proposed purchase of certain equipment and improvements in order to update the Ford Recreation Center, the Council does hereby determine to authorize the Parks and Recreation Com- mission to take bids on the items indicated in the aforesaid communica- tion dated November 15, 1974, except that with respect to Item No. 5 pertaining to new hardware, this item shall be expanded to provide new hardware for all doors in the Devon-Aire Ice Rink, as well as the Ford Rink, further, the Council does also determine that at such time as funds may be required in order to implement the purchase or installation of any of the foregoing items Federal Revenue Sharing Funds shall be appropriated for these purposes, and the Director of Finance together with the Superintendent of Parks and Recreation are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. 14862 At 10 00 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 Bennett, seconded by Councilman Brown, and unanimously adopted, it was #232-75 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 Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #233-75 RESOLVED, that having considered the communication dated January 13, 1975 from the City Planning Commission, which transmits its Resolution No. 12-244-74, adopted by the Commission on December 10, 1974, with regard to Petition No 74-9-2-15, submitted by Jeffrey Lauren Land Company, requesting permission to construct and operate a four-theater complex as a waiver use on property zoned C-2, located north of Plymouth Road, east of Farmington Road, in the Southwest 1/4 of Section 27, the Council does hereby determine to refer this matter back to the City Plan- ning Commission for further study and thereafter a new report and recom- mendation. At the direction of the Chair, the item with respect to Petition No. 74-7-1-21 of Greenfield Construction Company for property located on the West side of Newburgh Road on the North and South Side of Six Mile Road in the Southeast 1/4 of Section 7 and the Northeast 1/4 of Section 18, will be considered at a Committee of the Whole Meeting to be held on April 16, 1975 at 8 00 P M By Councilman McCann, seconded by Councilman Ventura, it was #234-75 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated March 19, 1975, submitted pursuant to Council Resolution No. 66-75, in connection with the communi- cation from the Personnel Director dated January 14, 1975, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits a request from the Civil Service Commission for an appropriation for reimbursement of educational expenses for uniformed employees of the Police Division, the Council does hereby appropriate the sum of $4,825.44 from the Unexpended Fund Balance Account to be transferred to Account No 304-960 for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. 14863 A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. By Councilman McCann, seconded by Councilman Raymond, and unanimously adopted, it was #235-75 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated March 19, 1975, and submitted pursuant to Council Resolution No. 24-75, in connection with the communica- tion from the Personnel Director dated December 26, 1974, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits a resolution adopted by the Board of Trustees of the Livonia Employees Retirement System, wherein a request is submitted for an appropriation sufficient to pay anticipated ftture doctor bills, the Council does hereby determine to deny said request. By Councilman McCann, seconded by Councilman Bennett, it was #236-75 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated March 19, 1975, submitted pursuant to Council Resolution No. 9-75, in connection with a communica- tion from the Zoning Board of Appeals dated January 8, 1975, wherein a request is submitted that retroactive to and commencing from December 1, 1974 each member of the Zoning Board of Appeals shall receive an Auto and Expense Allowance in the amount of $75.00 per month, the Council does hereby determine to approve of same to be effective April 1, 1975. A roll call vote was taken on the foregoing resolution with the following result. AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #237-75 RESOLVED , that having considered a communication from the Mayor dated March 19, 1975, with regard to a proposed amendment to the Civil Defense Ordinance previously submitted by the Mayor by a communication dated May 17, 1972 and referred to the Committee of the Whole in Council Resolution No. 975-73, the Council does hereby determine to discharge this matter from the Committee of the Whole and refer the same to the Legisla- tive Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Raymond, it was 14864 ,x238-75 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 4, 1975, which bears the signature of the Finance Director, is approved by the Director of Public Works, and is approved for submission by the Mayor, and the attached Final Construc- tion Estimate dated February 3, 1975, the Council does hereby authorize Final Payment in the amount of $53,831.65 to Detroit Concrete Products Corporation, P. 0. Box 344, 44300 Grand River, Novi, Michigan 48050, which sum includes the full and complete balance due on a contract dated July 30, 1973 in the amount of $479,724.77, and adjusted for work completed to date to a sum in the amount of $524,296.95, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards, and specifications, and that the necessary contractor's affidavit, maintenance and guarantee have been filed, further, the Council authorizes the City Assessor and the City Treasurer to revise assessment rolls for S.A D. No. 123, No. 124, No. 125, No. 126, and No. 129 on the basis of actual costs and in accord- ance with the revised assessment schedules attached to the aforesaid communication, further, the Council authorizes the appropriation and expenditure of the following amounts from the following accounts as pay- ment for the City's participation in all work completed Source Amount Motor Vehicle Highway Fund (Local Roads) $112,257.43 $9.8 Million G. 0. Road Improvement Bond Issue (To be reimbursed from Chapter 20 Drain Projects at such time as bonds have been sold and funds become available) 164,403 42 $280,000 Senior Citizens General Obligation Bond Issue 35, 914.09 Water and Sewer Funds 3,654.42 Total $316,229.36 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 Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS. None. By Councilman Brown, seconded by Councilman McCann, it was #239-75 RESOLVED, that having considered a communication from the City Engineer, dated March 26, 1975, approved by the Director of Public Works and approved for submission by the Mayor, wherein it is recommended that the Engineering Division be authorized to obtain the services of an aerial survey company for the purpose of preparing topographic maps in connection with the development of the Master Civic Center Site Plan, the Council does hereby appropriate and authorize the expenditure of the sum of $850.00 from Federal Revenue Sharing Funds for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. 14865 laso A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. On motion by Councilman McCann, seconded by Councilman Bishop, and unanimously adopted, this 806th Regular Meeting of the Council of the City of Livonia was duly adjourned at 11 40 P. M., March 26, 1975. ADDISON WB.,0 ' ' y Clerk.