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HomeMy WebLinkAboutCOUNCIL MINUTES 1974-02-27 ,,229 L MINUTES OF THE SEVEN HUNDRED EIGHTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 27, 1974, 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 8:05 P. M.. Councilman McCann 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, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Edward H. McNamara, Mayor; Virginia G. Handzlik, Deputy City Clerk; Harry C. Tatigian, City Attorney; G. E. Siemert, Director of Public Works; Carl J. Wagenschutz, City Treasurer; John Bunk, Fire Chief; Robert Turner, Police Chief; John T. Dufour, Superintendent of Parks and L Recreation; Gary Clark, Acting Chief Engineer; Jack Dodge, Finance Director; Ronald Mardiros, City Assessor; John Nagy, City Planner; Russell Gronevelt, Superintendent of Operations Division; Frank Kerby, Chief Building Inspector; and Michael Reiser of the Water and Sewer Board. *Councilman Raymond was excused at 8:08 p. m. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #130-74 RESOLVED, that the minutes of the 779th regular meeting of the Council of the City of Livonia, held on February 13, 1974, are hereby approved. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #131-74 RESOLVED, that the minutes of the 151st special meeting of the Council of the City of Livonia, held on February 16, 1974, are hereby approved. LThe communication dated February 18, 1974 from the Director of Finance, transmitting Financial Reports for the period ending November 30, 1973 for the General, Concession, Golf Course, Ice Rink, Swimming Pool, Refuse and Pension Retire- 14230 merit Funds, was received and filed for the information of the Council. *Councilman Raymond returned at 8:09 p. m. The communication dated February 20, 1974 from the Director of Finance, transmitting Financial Reports for the period ending January 31, 1974 covering the General, Concession, Golf Course, Ice Rink, Swimming Pool and. Refuse Funds, was received and filed for the information of the Council. The following resolution was unanimously introduced, supported and adopted: #132-74 WHEREAS, Michael J. Vorgitch has been a police officer of the City of Livonia for over twenty-two years, during which time he has faith- fully and diligently performed his law enforcement duties and is now retiring from his position; and. WHEREAS, Captain Vorgitch for many years was the officer in charge of the Patrol Bureau of the Police Department and has in addition served in the capacity of President of the Livonia Police Officers Association; and WHEREAS, during his tenure with the Police Department, each Member of the City Council came to know "Mike" and to respect him for his sound working knowledge of police mattera and his unselfish desire to work for the best interests of this community; NOW, THEREFORE, BE IT RESOLVED that havingeorned the admiration and respect of the Members of the City Council, the Council believes it fitting and proper to record at this time its appreciation to Captain Michael J. Vorgitch for a job well done; and, further, the Council extends to "Mike" its best wishes for success in all of his future endeavors. The communication dated. February 18, 1974 from the Department of Law, with respect to Wayne County Circuit Court Civil Action No, 72 220470 CZ (Republican Party of Livonia et al, vs City of Livonia), was received and filed for the informa- tion of the Council. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #1321-74 RESOLVED, that the Council takes this means to urge the citizens of Livonia to support the 1974 "Walk for Mankind" which is to take place on April 27, 1974 under the sponsorship of the L.vonia Jaycees since this very worthwhile. endeavor will help in great measure to provide essential funds for worthy charities; further, the Council does hereby request that the Police Division and all other city agencies do all things necessary in providing assistance and cooperation in order to make this project once again a success. 14231 By Councilman McCann, seconded by Councilman Brown, it was #134-74 RESOLVED, that having considered a communication from the Director of Finance dated February 4, 1974, approved for submission by the Mayor, wherein it is indicated that under the "Federal Voluntary Alloca- tion" program the Gulf Oil Company will be unable to supply the City with gasoline in accordance with the bid approved in Council resolution #588-73 and, further, that the Union Oil Company will supply the City with gasoline at the following prices as approved by the Federal Government: Tank Truck Tank Wagon Regular @ .238 Gal. @ .288 Gal. Premium @ .278 Gal. @ .328 Gal, the Council does hereby determine in accordance with Section 2-213(5) to accept the bid of Union Oil Company for the reasons indicated in the afore- said communication and, further, the Council does hereby determine to amend, revise and repeal Council resolution #588-73 to the extent required to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #135-74 RESOLVED, that having considered a communication from the Mayor dated February 8, 1974 wherein the Mayor concurs in the recommendations of the Energy Crisis Committee relative to the conservation of fuel, particularly in this regard setting forth certain recommendations for the correction of a heating problem in Building 13 (DPW Storage Garage), the Council does hereby determine to appropriate and authorize the expenditure of the sum of $2815.00 from General Shared Revenue Funds in order to implement the required improvements as detailed in the aforesaid communi- cation. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #136-74 RESOLVED, that having considered a communication from the City Planning Commission dated January 29, 1974 which sets forth its resolution 14232 #1-10-74 with regard to a one year extension of the approval of Petition #72-5-2-10 by St. Mary's Orthodox Church relative to a waiver use approval previously granted in Council resolution #814-72 for the erection of a church on property located on the east side of Merriman Road between Six Mile Road and Seven Mie Road in the Southwest 1/4 of Section 11, the Council does hereby determine to concur in the recommendation of the Plan- ning Commission and to grant the requested extension for a one year period commencing with the effective date of this resolution. By Councilman Brown, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the City Planning Commission dated January 29, 1974 which sets forth its resolution #1-8-74 with regard to a request dated December 6, 1973 from David A. Perry, attorney, requesting an extension of the approval of Petition No. 70-11-2-22 by Gregory Saragosa relative to a waiver use approval previously granted in Council resolution No. 276-41 to erect and operate a restaurant with a Class C Liquor license on property located on the south side of Plymouth Road between Levan and Ann Arbor Roads in Section 32, and the Council having granted prior extensions relative to same in Council resolu- tion #139-72 and #372-73, the Council does hereby determine to reject the recommendation of the City Planning Commission and does hereby deny the requested extension. By Councilman Ventura, seconded by Councilman Raymond, and *unanimously Ladopted, it was #137-74 RESOLVED, that having considered a communication from the City Planning Commission dated January 29, 1974 which sets forth its resolution #1-8-74 with regard to a request dated December 6, 1973 from David A. Perry, attorney, requesting an extension of the approval of Petition No. 70-11-2-22 by Gregory Saragosa relative to a waiver use approval previously granted in Council resolution No. 276-71 to erect and operate a restaurant with a Class C Liquor license on property located on the south side of Plymouth Road between Levan and Ann Arbor Roads in Section 32, and the Council having granted prior extensions relative to same in Council resolu- tion #139-72 and #372-73, the Council does hereby determine to table this matter to the next Regular Meeting to be conducted on March 13, 1974. *Councilman Brown made the following statement. My 'aye' vote is cast strictly on the tabling motion, but I have grave reservations on the extension of the waiver petition. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #138-74 RESOLVED, that the Council does hereby request that the Depart- ment of Law and the Building Department submit their respective reports and recommendations as to what steps may properly be taken by the City to remove and/or demolish structures situated at the following locations: 14233 1. 28735 Plymouth Road (formerly known as the Crest Auto Wash) 2. 28905 Plymouth Road (Gas Station). There was no action taken on the request from Dickinson, Wright, McKean & Cudlip, Counsellors at Law, to reconsider Petition No, 73-10-8-44 (Site Plan to renovate an existing restaurant at 29010 Seven Mile Road) and the communication was therefore received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication dated. August 20, 1973 from the City Planning Commission which sets forth its resolution #8-201-73 with regard to Petition #73-7-1-26 submitted by Mario Fallone for a change of zoning on property located on the southwest corner of Seven Mile Road and Brentwood in the Northwest 1/4 of Section 12, from R-1 and RUF to C-1, and the Council having conducted a public hearing with regard to this matter on October 8, 1973, pursuant to council resolution #764-73, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 73-7-1-26 is hereby denied for the same reasons as those set forth in the action taken by the Planning Com- mission. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop and Brown. NAYS: McCann, Ventura, Raymond and Nash. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Raymond, it was #139-74 RESOLVED, that having considered a communication dated August 20, 1973 from the City Planning Commission which sets forth its resolution #8-201-73 with regard to Petition #73-7-1-26 submitted by Mario Fallone for a change of zoning on pxoperty located on the southwest corner of Seven Mile Road and Brentwood in the Northwest 1/4 of Section 12, from R-1 and RUT to C-1, and the Council having conducted a public hearing with regard to this matter on October. 8, 1973, pursuant to Council. resolution #764-73, the Council does hereby determine to table this matter to the Study Session to be conducted on March 6, 1974. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Raymond and Nash. LNAYS: Bennett, Bishop and Brown. The President declared the resolution adopted. 14234 By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #140-74 RESOLVED, that the Council having considered a communication dated February 1, 1974 from the Acting City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, wherein the Acting City Engineer has ascertained the assessed valuation of all property affected by the proposed street paving improvement of Lathers Avenue between Seven Mile Road and Curtis Avenue, in the Northeast 1/4+ of Section 12, City of Livonia, Wayne County, Michigan, 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 obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the Acting City Engineer with the City Clerk under date of February 13, 1974 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 April 8, 1974, Monday, at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such pro- posed improvement, which public hearing shall be held before the City Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. The communications from the Country Homes Estates Civic Association and the Hoover School P.T.A., regarding the clearing of the parksite in the area, were received and filed for the information of. the Council. By Councilman Ventura, seconded by Councilman Brown., it was #141-74 RESOLVED, that having considered a communication from the Water and Sewer Board dated February 5, 1974, bearing the signature of the Finance Director and approved for submission by the Mayor, which transmits its resolution #WS 1912 1/74, the Council does hereby determine to accept the low bid of Badger Meter Company, 4545 W. Brown Deer Road, Milwaukee, Wisconsin 53223, for supplying the Water Department with Water Meters in the sizes and at the unit prices as hereafter set forth. 1. Modernizing Old Meters (Plastic Chamber) Size Bid Price (Each) 5/8" 3/4" 29.10 1" 4320 1-1/2" 71,89 2" TC 182.75 14235 3" TC $ 257.50 6" 328.00 TC 496.00 8" TC 874.00 2. Modernizing Old Meters and Installing Readomatics (Plastic Chamber) Size Bid Price (Each) 77 28.00 3/4" 38.70 1" 52.80 1-1/2" 81.49 2" TC 202.95 3" TC 277.70 4" TC 348.20 6" TC 516.20 8" TC 894.20 3. Re-Machining Badger Compound Meter Valve Cages Size Bid Price (Each) 2" 3" 95.48 4" 95.48 6" 156.36 8" 301.63 4. Replacement of Badger Compound Meter Valve Cages Where Re-Machining is Not Possible Size Bid Price (Each) 2" $ 131.56 3" 218.59 4" 255.02 6" 435.04 8" 799,48 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. The communication dated January 31, 1974 from the Wayne County Board of Commissioners, as well as the communication dated February 14, 1974, with respect to the proposed Special Election for Wayne County, were received and filed for the information of the Council. By Councilman Brown, seconded by Councilman McCann, it was #142-74 RESOLVED, that having considered a communication dated February 14, 1974 from the Fire Chief, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby determine 1,, 14236 amend and revise Council resolution 4698-71, to the extent required and for the reasons indicated in the aforesaid communication, so as to increase the purchase price of the vehicle described therein by the sum of $634.70, further, the Council does hereby appropriate and authorize the expenditure of the foregoing additional amount from the 1968 General Obligation Fire Station Bond Issue. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Brown, seconded. by Councilman Raymond, and unanimously adopted, it was #143-74 RESOLVED, that having considered a communication from the Judges of the 16th Judicial District, dated February 7, 1974, wherein it is recommended that the salary of the Court Administrator be increased from the amount of $12,360.00 to the amount of $16,100.00, the Council does hereby determine to refer the same to the Finance Committee for its consideration. The communication dated February 11, 1974 from the Department of Law, with respect to possible revision of present licensing provisions concerning the opera- on of Produce Stands (CR-980-73), was received and filed for the information of the Council. By Councilman McCann, seconded by. Councilman Bennett, and unanimously adopted, it was #144-74 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) as well as Article XXIII of Ordinance Ni 543, as amended, the Zoning Ordinance of the City of Livonia, the Counci does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on April 8, 1974, Monday, at 8:00 Fc M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition #73-12-6-16 submitted by the City Planning Commission to amend Section 11-02 of Ordinance #543, as amended, the Zoning Ordinance of the City of Livonia, by deleting from the Permitted Uses of the C-2 Zoning District enclosed theaters and by adding language to clarify the meaning of "assembly halls," the City Planning Commission having in its resolution #1-7-74 recommended to the City Council that Petition #73-12-6-16 be approved; 14237 further, the City Clerk is hereby requested to, no less than fifteen (15) L days prior to the aforesaid date of said public hearing, cause to have a statement indicating the nature of the proposed amendment to the Zoning Ordinance as set forth above, first to be published in the official news- paper of the City, or a newspaper of general circulation in the City of Livonia, as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operat- ing any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4 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: PETI- TION NO. 73-7-1-30 FOR CHANGE OF ZONING FROM C-2 AND RUF TO C-l. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Loffice 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 Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #145-74 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Ventura, seconded by Councilman Bishop, it was #146-74 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee, submitted pursuant to Council resolution #119-74, with regard to the communication from the Water and Sewer Board dated January 30, 1974, approved for submission by the Mayor Fro-tem, which submits its resolution #WS 1911 174, the Council does hereby deter. mine to approve the Water Budget for the Fiscal Year March 1, 1974 through February 28, 1975, as submitted, with the exception, however, of. the Capital Outlay portion of the Budget which is revised in total amount from $309,825.00 to $344,825.00, as cshoun on the new page 4 insertion prepared by the Director of Finance. 14238 A roll call vote was taken on the foregoing resolution with the following result- AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #147-74 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee, submitted pursuant to council resolution #119-74, with regard to the communication from the Water and Sewer Board dated January 30, 1974, approved for submission by the Mayor Pro-tem, which submits its resolution #WS 1910 1/74, the Council does hereby deter- mine to approve the Sewer Budget as submitted for the Fiscal Year March 1- 1974 through February 28, 1975. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #148-74 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated January 30, 1974 which bears the signature of the Finance Director and which is approved for submission by the Mayor with regard to the "Third Year Funding of the Community Service Officer Project" which has been approved by the Office of Law Enforcement Assistance Administration, the Council does hereby determine to approve of the City's participation in the said program on the basis of a revised budget which requires 50% City funding, and for this purpose the Council does hereby authorize the expenditure of the sum of $23,207.00 from the current City Budget for the period April 1, 1974 through November 30, 1974 in order to meet Federal funding requirements; further, the Council takes this means to indicate that it will include the necessary funding required for the City's participation in the said Community Service Officer project relative to the said 12-month period in the 1974-75 Budget; and the City Clerkand the City Treasurer are hereby requested to do all things necessary or incidental. to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #149-74 WHEREAS, this Council previously authorized a contract, pursuant to Council Resolution #1087-72, covering the improvement of the inter- section of Eight Mile Road and Newburgh Road under the TOPICS Program; and 14239 WHEREAS, it is advisable to improve the aforesaid intersection under the Urban Systems Program pursuant to the Federal-Aid Highway Act of 1973, and to enter into a new contract which will void the prior contract, and establish the terms and conditions for the improvement; and WHEREAS, the new contract provides as follows: "This contract shall become binding on the parties hereto and of full force and effect upon the signing thereof by the duly authorized officials for the parties hereto; upon the adoption of necessary resolutions approving said contract and authorizing the signatures thereto of the respective officials of the parties hereto, certified copies of which resolutions shall be attached to this contract; and with approval of the State Administration Board." NOW, THEREFORE, BE IT RESOLVED, that this Council does approve the new contract which provides for the improvement of the intersection of Eight Mile Road and Newburgh Road; and BE IT FURTHER RESOLVED, that this Council authorizes the Mayor and the City Clerk to execute this contract in behalf of the City of Livonia; and further, the Council does hereby appropriate and authorize an expenditure not to exceed $12 868.00 from the City's Motor Vehicle Highway Fund (Major Road Account) for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incident- al to the full performance of this resolution; and Council Resolution #1087-72 to the extent necessary is hereby repealed, revised and modified in order to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, it was #150-74 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated February 26, 1974, which bears the signature of the Finance Director and which is approved for submission by the Mayor, with regard to the third year funding of the Police/School Cooperation Grant, the Council does hereby determine that in the event such funding is approved by the Office of Law Enforcement Assistant Administration it will appropriate the sum of $22,650.00 as well as appropriate necessary funds in the 19741975 Budget in order to provide the 50%/ Cash Match required on the City's part to comply with Federal funding requirements in connection with this project. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. 14240 By Councilman Ventura, seconded by Councilman Bishop, it was #151-74 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated February 26, 1974, which bears the signature of the Finance Director and which is approved for submission by the Mayor, with regard to the third year funding of the Systems Analyst Grant, the Council does hereby determine that in the event such funding is approved by the Office of Law Enforcement Assistance Administration it will appropriate the sum of S11,250.00 as well as appro- priate necessary funds in the 1974/1975 Budget in order to provide the 50% Cash Match required on the City's part to comply with Federal funding requirements in connection with this project. A. roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, this 780th regular meeting of the Council of the City of Livonia was duly adjourned at 9:20 P. M., February 27, 1974. ADDISON W. 7, CON;- ity C erk.