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HomeMy WebLinkAboutCOUNCIL MINUTES 1975-11-12 15289 L MINUTES OF THE EIGHT HUNDRED AND TWENTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 12, 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 8:02 P. M. . Councilman Bishop delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Robert R. Bishop, Peter A. Ventura, Jerry Raymond, Jerry H. Brown and Robert D. Bennett. Absent-- Robert E. McCann. Elected and appointed officials present: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk, Robert Turner, Police Chief, John Bunk, Fire Chief, Robert E. Osborn, Director of Rzblic Works, James Inglis, Administrative Assistant to the Mayor, Jack Dodge, Director of Finance, Ronald Mardiros, City Assessor, Gary LClark, Assistant City Engineer, John Nagy, City Planner, Darald E. Jennings, Director & Secretary of Housing Commission, William Scruggs, Planning Commission, and Edwin C. Imonen of the Traffic Commission. By Councilman Ventura, seconded by Councilman Brown, and unanimously. adopted, it was #896-75 RESOLVED, that the minutes of the 820th regular meeting of the Council of the City of Livonia, held October 22, 1975, are hereby approved. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #897-75 RESOLVED, that the minutes of the 161st special meeting of the Council of the City of Livonia, held November 5, 1975, are hereby approved. The following resolution was unanimously introduced, supported and adopted: #898-75 RESOLVED, that the Council takes this means to indicate its L approval in concept and its intent to proceed with a program to implement the construction of moderate income self-help senior citizen housing, and in this regard requests that the Ad Hoc Committee on Senior Citizen Housing do all things necessary or incidental to the full performance of this resolution. 15290 By Councilman Brown, seconded by Councilman Bishop, it was #899-75 RESOLVED, that having considered a communication from the City Assessor dated October 8, 1975, which bears the signature of the Finance Director, and is approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $703.00 to Account No. 101-247-702 (Salaries & Wages) from the following accounts in the following amounts- Board of Review 101-247-715 (Pica) $140.00 101-247-904 (Printing) 186.00 101-247-728 (Office Supplies) 77.00 Assessing 101-202-90.5 (Publishing) 200.00 101-202-728 (Office Supplies 100.00 $703.00 the action taken herein being for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES- Bishop, Ventura, Raymond, Brown, Bennett and Nash NAYS None. By Councilman Ventura, seconded by Councilman Bishop, it was #900-75 RESOLVED, that having considered a communication from the City Planning Commission dated August 4, 1975, which sets forth its Resolution No. 7-154-75, with regard to a request dated July 11, 1975 from Frankel Associates, requesting an extension of the approval of Petition No. 74-3-2-6, relative to a waiver use approval previously granted in Council Resolution No. 557-75 to locate savings and loan offices and general office tenants in a two-story office building proposed to be located on the south side of Six Mile Road between Newburgh and Farmington Roads in Section 17, the Council does hereby determine to concur in the recommendation of the Planning Commission and to grant the requested extension for a one-year period. A roll call vote was taken on the foregoing resolution with the following result. AYES Bishop, Ventura, Raymond, Brown, Bennett and Nash. NAYS None. By Councilman Bishop, seconded by Councilman Bennett, it was #901-75 RESOLVED, that having considered a communication dated August 26, 1975 from the City Planning Commission, which transmits its Resolution No. 8-165-75 adopted on August 12, 1975, with regard to Petition No. 75-6-2-16, submitted by Lindhout Associates for Allen Animal Hospital requesting waiver use approval to construct and operate an animal hospital on property 15291 zoned C-2, located on the east side of Farmington Road between Seven Mile Road and Clarita in the Northwest 1/4 of Section 10, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition No. 75-6-2-16 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the afore- said recommendation of the Planning Commission, and the additional condition that four (4) parking spaces shown on the site plan located immediately adjacent to Farmington Road shall be deleted from the site plan, as approved with appropriate landscaping to be substituted in lieu thereof. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Ventura, Raymond, Brown, Bennett and Nash. NAYS. None. By Councilman Raymond, seconded by Councilman Ventura, it was #902-75 RESOLVED, that having considered a communication dated October 21, 1975 from the City Planning Commission, which transmits its Resolution No. 9-212-75 adopted on September 30, 1975, with regard to Petition No. 75-8-2-22, submitted by Daniels and Zermack Associates, Inc. requesting waiver use approval to construct a savings and loan facility on property zoned P.S., located on the south side of Five Mile Road between Garden and Hailer Avenues in the Northwest 1/4 of Section 24, the Council does hereby determine to concur in the recommendation made by the City Planning Com- mission and Petition No. 75-8-2-22 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the afore- said recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Ventura, Raymond, Brown, Bennett and Nash. NAYS None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #903-75 RESOLVED, that having considered a communication from the City Planning Commission dated October 10, 1975, which transmits its Resolution No. 9-209-75 adopted on September 16, 1975, with regard to Petition No. 75-3-8-4, submitted by Ralph Weber for Color Tile, requesting approval of Sign Design Plan as required by Section 18.47 of the Zoning Ordinance in connection with a proposal to construct a retail store on property located on the east side of Middlebelt Road between St. Martins and Bretton in Section 1, the Council does hereby determine to refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was 15292 4904-75 RESOLVED, that having considered a communication from the City Planning Commission dated October 21, 1975, which transmits its Resolution No. 9-222-75, adopted by the Commission on September 30, 1975, with regard to Petition No. 75-9-8-17 submitted by Chatham Super Markets, Inc. request- ing site plan approval to construct a supermarket to be located on the east side of Middlebelt Road between Seven Mile Road and Vassar in Section 1, the Council does hereby determine to refer this matter back to the City Planning Commission for further consideration of the proposed Site Plan, particularly, with regard to a) providing additional landscaping, b) Traffic flow, including ingress and egress to the site, and c) possible rezoning of the land in question from C-1 to another zoning classification. By Councilman Ventura, seconded by Councilman Raymond, it was 4905-75 RESOLVED, that having considered the report and recommendation dated October 6, 1975 from the City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor, theCouncil does hereby authorize a release to the proprietor of the Bobrich Subdivision the Cash Escrow in the amount of $920.00 previously deposited with respect to placement of Monuments and Markers deposited with the City in accordance with Council Resolution No. 800-72, adopted on August 30, 1972 as there- after subsequently amended in Council Resolution No. 936-73, adopted on November 14, 1973, and further, the financial assurances now on deposit with the City for general improvements and sidewalk improvements shall remain the same and unchanged, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer, 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, Brown, Bennett and Nash. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was 4906-75 RESOLVED, that having considered the report and recommendation dated October 3, 1975 from the City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby authorize a release to the proprietor of the Parkview Estates Subdi- vision the Cash Escrow in the amount of $1,325.00 previously deposited with respect to placement of Monuments and Markers deposited with the City in accordance with Council Resolution No. 702-72, adopted on July 26, 1972 as thereafter subsequently amended in Council Resolution No. 983-72, adopted on October 25, 1972 and Council Resolution No. 90-73, adopted on February 7, 1973, and further, the financial assurances now on deposit with the City for sidewalk improvements shall remain the same and unchanged, the action herein being taken for the reasons indicated in the aforemention- ed report of the City Engineer, and the City Clerk and City 'Measurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 15293 L A roll call vote was taken on the foregoing resolution with the following result. AYES Bishop, Ventura, Raymond, Brown, Bennett and Nash. NAYS. None. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #907-75 RESOLVED, that the Council having considered a communication dated October 3, 1975 from the City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of concrete curbs and gutters and a new 1 1/2" asphalt surface pavement on St. Francis, Antago and Rensellor Boulevards, south of Pembroke Avenue in the Botsford Park Subdivision, in the South- east 1/4 of Section 1, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number 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 their recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general cb].igation 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 specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of October 3, 1975 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, January 5, 1976 at 8.00 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 auth- orized to give notice and publication of such hearing as is required by Section 2-507 of said Code. The communication dated October 2, 1975 from the Engineering Department, with respect to the proposed paving of Morlock Avenue, East of Middlebelt Road, CR-713-75, was received and filed for the information of the Council. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was L #908-75 RESOLVED, that having considered a communication from Mr. Arlo M. Kunkel, 36771 Sunnyriale, Livonia, Michigan 48154 dated October 10, 1975, 15294 with respect to a "hoodlum crowd", vandalism and reckless driving in his area, the Council does hereby request that the Chief of Police submit his report and recommendation concerning same, especially with regard to what Police records show as having taken place in this area, and what corrective measures, if any, are being taken by the Police Department to rectify this situation. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was #909-75 RESOLVED, that having considered a communication from United Homes, Inc. , dated October 15, 1975, wherein a request is submitted for the City to develop certain property located on Stamford Avenue between Clarita and Curtis, the cost of which to be defrayed by special assessments, the Council does hereby determine to refer this item to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Bennett, seconded by Councilman Raymond, it was #910-75 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated August 8, 1975, and the report and recommendation dated October 14, 1975 from the Chief of Pblice in connection therewith, the Council does hereby indicate it has no objection to approval of the request from Drug Fair, Inc. for a new SDD License to be located at 27462 Schoolcraft Road, Livonia, Michigan, 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. Ventura, Raymond, Brown, Bennett and Nash. NAYS Bishop. The President declared the resolution adopted. The communication from the City Engineer, dated October 16, 1975, with respect to the fencing of the Newburgh Road Dam, and transmitted to the Wayne County Road Commission, was received and filed for the information of the Council. The Financial Reports, transmitted by the Finance Director on October 17, 1975, for various funds for the ten months ending September 30, 1975, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Bishop, and unanimously Ladopted, it was 15295 #911-75 RESOLVED, that having considered a communication from the Personnel Director dated October 8, 1975, which is approved for submission by the Director of Finance and the Mayor, and which transmits a resolution adopted by the Civil Service Commission on October 1, 1975, wherein it is recom- mended that the classification of Administrative Senior Captain be establish- ed in the Fire Division of the Department of P►iblic Safety at the following salary rate Minimum Maximum Step 4 Step 5 Annual $20,467.20 $21,257.60 Bi/weekly 787.20 817.60 the Council does hereby determine to refer the same to the Committee of the Whole for further consideration at a meeting to be conducted on December 8, 1975 at 7 00 P. M. By Councilman Bishop, seconded by Councilman Ventura, it was #912-75 RESOLVED, that having considered a communication from the City Planning Commission dated October 27, 1975, which transmits its Resolution No. 10-244-75, adopted by the Commission on October 21, 1975 with regard to Petition No. 75-9-8-22, submitted by Great Scott Supermarkets requesting site plan approval to remodel existing building located on the west side of Middlebelt Road between Six and Seven Mile Roads in Section 11, the Council does hereby determine, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, to concur in the recommendation of the Planning Commission and Petition No. 75-9-8-22 is hereby approved, such approval to be based upon the same condition as that which is 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, Brown, Bennett and Nash. NAYS. None. At the direction of the Chair, the item on the agenda with respect to appointments to the Board of Canvassers, was removed and will be considered at the next regular meeting of the Council to be conducted on November 25, 1975. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #913-75 RESOLVED, that having considered a communication from the Mayor dated October 30, 1975, to which is attached a communication from the National League of Cities, dated October 6, 1975, relative to the 51st Annual Congress of Cities to be conducted in Miami Beach, Florida from November 30, 1975 through December 4, 1975, the Council does hereby deter- mine to designate Mayor Edward H. McNamara as the Official Voting Delegate 15296 of the City of Livonia at such Annual Meeting and V:.President Jerry Brawn, City Council as the Official Alternate Voting Delegate of the City of Livonia in this regard; and the City Clerk is hereby requested to forward a copy of this resolution and the official designation of voting delegate form to the Chairman of the Credentials Committee of the National League of Cities. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #914-75 RESOLVED, that having considered a communication from the Mayor dated October 21, 1975, to which is attached a list of citizens appointed by the Mayor to serve on the Livonia Citizens Advisory Committee relative to Community Development, which is as follows. 1. Mr. Steven Webber 3 Year Term 8943 Floral, 48150 Chairman 2. Mr. Ronald Andrews 3 Year Term 28656 Dover, 48150 3. Mr. James Garrison 3 Year Term 20135 Rensellor, 48152 4. Mr. Fred Tetreau 3 Year Term 20208 Floral, 48152 5. Mrs. Margaret Thomas 2 Year Term 15506 Oak, 48154 6. Mrs. Roberta Young 2 Year Term 16269 Southampton, 48154 7. Mr. James Nicholas 2 Year Term 19344 Brentwood, 48152 8. Mr. Edward Wilson 2 Year Term 15405 Oporto, 48154 9. Dr. Donald Friedrichs 1 Year Term 16277 Southampton, 48154 10. Mr. James Sullivan 1 Year Term 20026 St. Francis, 48152 11. Mrs. Mildred Wieland 1 Year Term 30295 Seven Mile, 48152 12. Mrs. Harriet Abromowitz 1 Year Term 18904 Purlingbrook, 48152 the Council does hereby determine pursuant to A'cttkde IV, Section 3 of the By-Laws of the Citizens Advisory Committee to confirm and approve of the foregoing appointments. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #915-75 RESOLVED, that having considered a communication from the Emerson Building Company dated October 28, 1975, relative to a request for lot splits and combinations of tax items 13b224a, 225a, 13b224b and 13b246b,247b, which item was previously tabled by Council in its Resolution No. 316-75, and with respect to which the Emerson Building Company has now indicated that it desires to withdraw its petition for lot splits for the reasons indicated in the aforesaid communication, the Council does hereby determine to take no further action with respect to this item. 15297 By Councilman Ventura, seconded by Councilman Raymond, it was #916-75 RESOLVED, that having considered a communication from the City Engineer dated October 24, 1975, approved by the Director of Public Works, and approved for submission by the Mayor, recommending that the City dedicate and establish certain storm drain easement through the J. F. Dooley Park in the S. 1/2 of Section 24 as part of the storm drainage system for the Compton Square Estates Subdivision to be extended to the existing Livonia Drain No. 17, the Council does hereby determine to dedicate and establish for storm drain purposes only the following described easement The South 12 feet of the following described parcel That part of the S. 1/2 of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant N. 89° 31' 28" W., 122.94 feet and S. 0° 07' 35" E., 1009.20 feet from the center 1/4 corner of Section 24 and proceeding thence S. 89° 39' 04" E., 774.62 feet, thence S. 0° 23' 30" W. , 228 feet, thence N. 89° 39' 04" W., 772.50 feet, thence N. 0° 07' 35"W. , 228 feet to the point of beginning. (Bureau of Taxation Parcel 24CC2a3blb,DD2b2b). and does further request that the Wayne County Bureau of Taxation record such easement dedication on all maps issued by that office, and further, that the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Bureau of Taxation, further, the City Clerk is hereby requested to have a certified copy of this resolution recorded at the Wayne County Register of Deeds office. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Ventura, Raymond, Brown, Bennett and Nash. NAYS. None. By Councilman Ventura, seconded by Councilman Bennett, it was #917-75 RESOLVED, that having considered a communication from the City Engineer dated October 24, 1975, approved by the Director of Public Works, and approved for submission by the Mayor, with regard to the Livonia Mall Estates Subdivision Street Lighting Project as authorized in Council Resolution No. 573-73, adopted on July 11, 1973, which confirmed Special Assessment Roll No. 128, the Council does hereby determine that assessments levied against lots and parcels pursuant to the foregoing action, situated on Sunset Boulevard, as described on the list attached to the aforesaid communication, shall be waived and that any assessments previously paid by owners of these properties shall be rebated to them, further, the City Treasurer is hereby requested to defer the levy of any additional assess- ments as to these properties until such time as the Engineering Division has notified the Treasurer's Office that street lights have actually been installed and are operable. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Ventura, Raymond, Brown, Bennett and Nash. NAYS None. 15298 By Councilman Raymond, seconded by Councilman Brown, it was #918-75 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated October 28, 1975, with regard to an application from Angelo A. Plakas, Attorney, 29484 Ford Road, Garden City, Michigan, submitted in behalf of the Leather Bottle Inns, Inc. for a new full year Class C license to be located at 20314-20310 Farmington Road, Livonia, Michigan, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result AYES. Bishop, **Raymond, Brown, Bennett and. Nash. NAYS. *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement My 'no' vote is cast because I believe that the petitioner should have the opportunity to appear and present his plans for the Class "C" License. **Councilman Raymond gave the following statement My 'yes' vote is cast because it gives the petitioner the opportunity to appear and present his plans for the License. By Councilman Ventura, seconded by Councilman Raymond, it was #919-75 RESOLVED, that having considered a communication from the Depart- ment of Law, dated October 22, 1975, transmitting for Council acceptance three (3) easements, to wit. (1) Easement, dated July 8, 1975, executed by Chatham Super Markets, Inc., a Michigan corporation, to City of Livonia, grant- ing a water main easement in and upon land in the City of Livonia described as. The center line of a ten (10) foot wide easement being more particularly described as beginning at a point distant S. 0° 19' 42" E. , along the East line of Section 19, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, 511.12 feet and. N. 89° 59' 20" W., 60 feet from the N.E. corner of said Section 19, thence N. 89° 5920" W., 984.41 feet; thence N. 0° 00' 4O" E. , 229 feet to Point "A", thence continuing N. 0° 00' 40" E. , 220 feet to the N. line of Five Mile Road (120 feet wide) and the point of ending of the ten (10) foot wide easement herein described and 15299 the center line of a ten (10) foot wide easement being more particularly described as beginning at Point "A" as herein described, thence N. 89° 56' 00" E. and, parallel to the N. line of said Section 19, 320 feet, thence S. 80° 04' 00" E., 220 feet to the point of ending. and (2) Easement, dated July 8, 1975, executed by Chatham Super Markets, Inc., a Michigan corporation, to City of Livonia, granting a storm sewer easement in and upon land in the City of Livonia described as A strip of land, 20 feet wide, being part of the N.W. 1/4 of Section 20, T. 1 S. , R . 9 E., City of Livonia, Wayne County, Michigan, center line of which is described as. Beginning on the Easterly line of Newburgh Road, at a point distant Southerly 220.00 feet along the West line of Section 20 and Easterly 33 feet from the Northwest corner of said Section 20; thence in the Easterly direction, along aline parallel to and 220.00 feet Southerly of the North line of Section 20, (which line is also 10 feet Southerly of the Southerly line of Texaco Oil Company property), a distance of approximately 286 feet to the Easterly top of bank of an existing ditch and the point of ending of the 20 foot wide easement herein described. and (3) Easement, dated. October 7, 1975, executed by The Felician Sisters, 0 S.F., a Michigan none-profit corporation, to City of Livonia, granting a storm sewer easement in and upon land in the City of Livonia described as A strip of land, 20 feet wide, being part of the N.W. 1/4 of Section 20, T. 1 S., R. 9 E , City of Livonia, Wayne County, Michigan, center line of which is described as. Beginning on the Easterly line of Newburgh Road, at a point distant Southerly 220.00 feet along the West line of Section 20 and Easterly 33 feet from the Northwest corner of said Section 20, thence in the Easterly direction, along a line parallel to and 220.00 feet Southerly of the North line of Section 20, (which line is also 10 feet Southerly of the Southerly line of Texaco Oil Company property), a distance of approximately 286 feet to the Easterly top of bank of an existing ditch and the point of ending of the 20 foot wide easement herein described. the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid grants 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. Bishop, Ventura, Raymond, Brown, Bennett and. Nash. NAYS None. 15300 Councilman Brown gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 19 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 THERETO. RE- PETITION NO. 75-5-1-14. FOR CHANGE OF ZONING FROM R-1 TO P.L. 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. Councilman Ventura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 19 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. 75-5-1-13 FOR CHANGE OF ZONING FROM C-1 TO P L. 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. Councilman Brown gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 19 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 75-5-1-15 FOR CHANGE OF ZONING FROM R-1 TO P L. 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. 15301 Councilman Bishop gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 27 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. 75-4-1-11 FOR CHANGE OF ZONING FROM M-1 TO M-2. 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. Councilman Ventura gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 35 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION THERETO. RE PETITION NO. 75-6-1-19 FOR CHANGE OF ZONING FROM R-7 TO P.S. 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. The communication from the Department of Law, dated October 29, 1975, with respect to the Livonia Building Code (Ordinance No. 1152) was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #920-75 RESOLVED, that having considered a communication from the Livonia Historic Study Committee dated October 1, 1975, which submits its final report and recommendation concerning the establishment of historic districts, pursuant to Section 2-2 .05 of the Livonia Code of Ordinances (Ordinance No. 1129), the Council does hereby determine to refer the same to the Capital Improvement Committee for its report and recommendation. 15302 By Councilman Ventura, seconded by Councilman Brown, it was #921-75 RESOLVED, that having considered a communication dated August 1, 1975 from the City Planning Commission which sets forth its Resolution No. 7-144-75 with regard to Petition No. 75-6-1-18 submitted by Donald B. Severance for Nellie C. Esch for a change of zoning on property located on the south side of Seven Mile Road, east of Haggerty Road in the North- west 1/4 of Section 7, from P.L. to C-2 and C-2 to P.L., and the Council having conducted a public hearing with regard to this matter on October 20, 1975, pursuant to Council Resolution No. 754-75, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 75-6-1-18 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, Brown, Bennett and Nash. NAYS• None. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #922-75 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, January 5, 1976 at 8 00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items 1. Petition No. 75-6-1-17 submitted by Artil A. Leo, Award Builders, Inc., for a change of zoning of property located on the south side of Pembroke Avenue, east of Angling Road in the Southeast 1/4 of Section 1, from R-3 to R-6, the City Planning Commission having in its Resolution No. 9-217-75 recommended to the City Council that Petition No. 75-6-1-17 be approved; 2. Petition No. 75-7-6-9 submitted by the City Planning Commission on its own motion to determine whether or not to amend Ordinance No. 543, the Zoning Ordinance, so as to establish the Zoning Board of Appeals shall be composed of seven members, the City Planning Commission having in its Resolution No. 9-218-75 recommended to the City Council that Petition No. 75-7-6-9 be approved, 15303 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 and to each railroad company owning or operating any public utility or rail- road 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. The communication from the Department of Law dated July 22, 1974, with regard to the use of sidewalks by bicycles, and considered by the Streets, Roads and Plats Committee (CR-597-74), was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #923-75 RESOLVED, that having considered the recommendation of the Streets, Roads and Plats Committee dated October 28, 1975, and submitted pursuant to Council Resolution No. 85-75, in connection with the report and recommendation of the City Engineer dated December 27, 1974, which submits a revised assessment roll relative to Plymouth Road. Parking Lots A & B and Special Assessment District No 101, the Council does hereby determine to take no further action with respect to this item. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #924-75 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated October 28, 1975, and submitted pursuant to Council Resolution No. 377-75, in connection with a communication from the City Engineer dated March 31, 1975, with regard to a proposed traffic signal for the intersection of Merriman Road and Industrial Drive, the Council does hereby determine to take no action at this time with respect to this item. y wCaosuncilman Raymond, seconded by Councilman Ventura, and unanimously adopted, itB 15304 #925-75 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated October 28, 1975, and sub- mitted pursuant to CR-484-75, in connection with a communication from Gerald G. Curtis dated May 21, 1975, with respect to the chloride treat- ment of Jamison Avenue, east of Middlebelt and Cavour Avenue, south of Five Mile Road, the Council does hereby determine to take no further action at this time based upon its understanding that the situation referred to in the aforesaid communication from Mr. Curtis has been rectified. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #926-75 RESOLVED, that having considered the report and recommendation of the Streets, Roads and. Plats Committee dated. October 28, 1975, and submitted pursuant to Council Resolution No. 537-75, in connection with a public hearing conducted on June 2, 1975, relative to the revised assess- ment roll for the installation of ornamental street lighting with under- ground wiring in Gold Manor Estates Subdivision in Section 9, the Council does hereby determine to take no further action at this time. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #927-75 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated October 28, 1975, and sub- mitted pursuant to Council Resolution No. 747-75, in connection with the communication from the City Planning Commission dated August 1, 1975, which transmits its Resolution No. 7-145-75, with regard to Petition No. 75-5-3-5, submitted by Joseph Sergi for vacating a portion of a public alley, located north of Joy Road, east of Fremont Avenue in the Southeast 1/4 of Section 35, the Council does hereby determine to refer this item to the Committee of the Whole for further consideration at a meeting to be conducted on December 15, 1975 at 7 00 P. M. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #928-75 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 Brown, seconded by Councilman Raymond, it was #929-75 RESOLVED, that having considered a communication from the Depart- ment of Housing and Urban Development dated October 31, 1975, with regard to Project No. Mich. 55-2, the Council does hereby determine to amend and revise Council Resolution No. 827-75, adopted on October 8, 1975, so as to revise and, change Section 3, Paragraph (C) so as to have the same read as follows. 15305 (C) Each Note issued with respect to any Project shall be secured by (1) a first pledge of the annual contributions payable to the Local Authority and authorized to be pledged to such payment pursuant to the Contract and (2) by a pledge of and lien on the Residual Receipts of such Project after providing for the payment of Bondi' issued in respect to such Project. the balance of Council Resolution No. 827-75 to remain unchanged and 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, Brown, Bennett and Nash. NAYS• None. By Councilman Bishop, seconded by Councilman Brown, it was #930-75 RESOLVED, that having considered the report and recommendation of the City Engineer and the Public Utilities Manager dated November 3, 1975, approved by the Director of Public Works, and approved for submission by the Mayor, and the attached final construction estimate dated October 31, 1975, the Council does hereby authorize final payment in the amount of $2,769.80 to Demers Electric Company, 31715 West Eight Mile Road, Livonia, Michigan 48152, which sum includes the full and complete balance due on a contract dated August 18, 1975, in the amount of $27,698.00, in connection with the lighting improvement of softball and baseball diamonds at Henry Ford Centennial Field (Contract 75-L), it appearing from the aforementioned report that all work under the said contract has been completed in accord- ance with City standards and specifications, and that the necessary contractor's affidavit, maintenance and guarantee bond have been filed, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Ventura, Raymond, Brown, Bennett and Nash. NAYS• None. By Councilman Brown, seconded by Councilman Bishop, it was #931-75 RESOLVED, that having considered a communication from the City Pl• anning Commission dated November 6, 1975, which transmits its Resolution No. 10-242-75, adopted by the Commission on October 14, 1975, with regard to Petition No. 75-6-8-12 submitted by Michael Genson, requesting site plan approval to construct an addition to an existing building located on the west side of Farmington Road between Clarita and Seven Mile Road in Section 9, the Council does hereby determine, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, to concur in the recommendation of the planning Commission and Petition No. 75-6-8-12 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commis- sion. 15306 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bishop, Ventura, Raymond, Brown, Bennett and. Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #932-75 RESOLVED, that having considered a communication from the Director of Finance dated September 15, 1975, approved for submission bylthe Mayor, with regard to a proposal for a modified self-insured workmen's compensa- tion program, to which is attached a communication from R. L. Jones & Associates, Inc. dated September 9, 1975, the Council does hereby determine as follows. a) That for the period. December 1, 1975 through November 30, 1976 the Mayor and. City Clerk are authorized to execute a contract for and in behalf of the City with Corporate Service, Inc. , 220 Bagley Avenue, Detroit, Michigan 48226 for providing the City with claims service, loss prevention service and an aggregate excess contract of $3,000.00 for losses exceeding 80% of $206,162 (i.e. $16)-i.,930) through Insurance Company of North America, b) That the service fee and aggregate excess fee shall be at the rate of 24.5% of the estimated normal premium amount of $206,162 (i.e. $50,510), which shall be payable as follows 60% of $50,510 on December 1, 1975 - $30,306 40% of $50,510 on June 1, 1976 - $20,204, c) That incorporated herein by reference as if fully set forth is the attachment to the aforesaid communication from R. L. Jones & Associates, Inc which described in detail the pro- visions of the contract and the services to be performed by Corporate Service, Inc. and. Insurance Company of North America as herein authorized, d) Further, that workmen's compensation claims during the subject period which are approved for payment by Corporate Service, Inc. in an aggregate amount not to exceed 80% of $206,162 (i.e. $164,930), are hereby authorized to be paid by the City of Livonia to claimants, and the City Clerk, City Treasurer and Finance Director 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, Brown, Bennett and Nash. NAYS: None. 15307 By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #933-75 RESOLVED, that having considered a communication from the Parade Marshall of the Allied Veterans' Committee of Livonia, Michigan, with regard to the 24th Annual Memorial Day Parade and Services to be conducted on May 30, 1976 between the hours of 10 00 A.M. to 12.00 Noon, the Council does hereby grant permission to said Allied Veterans' Committee to conduct such parade by assembling on Henry Ruff Road and proceeding westerly on Five Mile Road, passing in review at Veterans Memorial Park, then proceed- ing south on Farmington Road to the Police Station drive and dispersing at the Civic Center, 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, further, the Council does hereby request that the Police Department extend all necessary assistance with respect to all matters under its jurisdiction which may be required or pertinent to the conduct and success of the Memorial Day activities. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, this 821st Regular Meeting of the Council of the City of Livonia was duly adjourned at 9.17 P. M., November 12, 1975 ADDISON W. erk.