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HomeMy WebLinkAboutCOUNCIL MINUTES 1974-07-24 14482 L MINUTES OF THE SEVEN HUNDRED NINETIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 24, 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 Raymond delivered the invocation. Roll was called with the following result' Present--Robert F. Nash, Robert E. Bishop, Peter A. Ventura, Jerry Raymond, Jerry H. Brown, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Virginia G. Handzlik, Deputy City Clerk; Harry C. Tatigian, City Attorney; G. E. Siemert, Director of Public Works; Robert E. Osborn, Executive Assistant to the Mayor; John T. Dufour, Superintendent of Parks and Recreation; Russell A. Gronevelt, Superintendent of Operations Division; LGary Clark, City Engineer; Ronald Mardiros, City Assessor; Francis M. Hand, Planning Commission; Joseph Talbot, Planning Commission; H. G. Shane, Planning Department; Michael Reiser, Water & Sewer Board; Robert Biga, Civil Service Department; and Joseph Vorbeck of the Traffic Commission. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #560-74 RESOLVED, that the minutes of the 789th regular meeting of the Council of the City of Livonia, held July 10, 1974, are hereby approved. Councilman McCann gave second reading to the following Ordinance. AN ORDINANCE AMENDING TITLE 8, CHAPTER 2 (MISDEMEANORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 8-257 THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: LAYES: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 14483 By Councilman Ventura, seconded by Councilman Bishop, and unanimously Ladopted, it was #561-74 RESOLVED, that having considered a communication from the Depart- ment of Law and the Bureau of Inspection dated July 5, 1974, approved for submission by the Mayor, which transmits a proposed amendment to Chapter I (Building Codes) of Title 7 of the Livonia Code of Ordinances, as amended, readopting by reference the BOCA Building Code, and which ordinance amend- ment received first reading by Councilman Ventura on July 10, 1974, the Council does hereby determine to refer the same to the Legislative Commit- tee for its report and recommendation. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 12 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. 73-12-1-37 FOR CHANGE OF ZONING FROM RUF, C-2 AND P.S. to R-9-II. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: *Raymond, Brown, McCann, Bennett, Bishop, **Ventura and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. *Councilman Raymond made the following statement. My vote is cast for the zoning only, and it is my intention that the number of units in the site plan will be substantially reduced and held to 90 units. **Councilman Ventura made the following statement: My vote is cast unconditionally. By Councilman Ventura, seconded by Councilman McCann, it was #562-74 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated June 26, 1974, approved by the Finance Director, and approved for submission by the Mayor, wherein a request is made for additional funds for maintenance of the sanitary landfill site and road therein, the Council does hereby determine to appropriate and authorize the transfer of the additional sum of $8,500.00 from existing surplus revenue within the Municipal Refuse Fund to the Dump Site and Road Maintenance Account, No. 938, for this purpose. 14484 L A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was #563-74 RESOLVED, that in view of the expanding number of federal or state manpower and employment grants, the Council does hereby determine to re- quest that the Civil Service Commiskion submit a detailed report to Council concerning such grants which are currently in operation or which are either anticipated, proposed, or soon will take effect including in such report such matters as the status of the grant, amount, purpose, duration, City's share of funding, number of people involved, Civil Service status of same, as well as such other information as may be pertinent and informative. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously Ladopted, it was #564-74 RESOLVED, that having considered the communication from the Mayor, dated July 3, 1974, to which are attached three proposed resolu- tions regarding Manpower Programs, the Council does hereby determine to to table the same to the next Regular Meeting to be conducted on August 7, 1974. By Councilman McCann, seconded by Councilman Raymond, it was #565-74 RESOLVED, that having considered a communication from the Depart- ment of Law dated June 21, 1974, approved by the Finance Director and approved for submission by the Mayor, with regard to the Department's Court Expense Account, the Council does hereby determine to authorize the transfer of the sum of $1,000 from the Salaries and Wages Account No. 222-702 to the Court Expense Account, No. 222-826. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS. None. By Councilman McCann, seconded by Councilman Bennett, it was L #566-74 RESOLVED, that having considered the report and recommendation of the Director of Finance dated June 24, 1974, approved for submission by the Mayor with regard to notification by the Union Oil Company that as of June 10, 1974, the unit prices for gasoline furnished by the Union Oil Company will be at the following increased prices: 14485 Per Gallon Regular Premium Tank Wagon .352 .372 Tank Truck .302 .322 the said price increases being made in accordance with Federal Government regulations, the Council does hereby determine to authorize the purchase of gasoline at the aforesaid prices, the action taken herein being in accordance with Section 2-213(5) of the Livonia Code of Ordinances, and all prior resolutions in conflict herewith are hereby repealed, amended, or revised 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: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #567-74 RESOLVED, that having considered a communication from the Chair- man of Ford Local 182 UAW, Retired Workers' Chapter, dated July 9, 1974, submitted in connection with a proposed ordinance entitled "Commission on Aging Ordinance," the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 3, CHAPTER I (NUISANCES) OF THE LIVONIA CODE OF ORDI- NANCES, AS AMENDED, BY ADDING ARTICLE 4 THERETO. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #568-74 RESOLVED, that having considered the communication from the Depart- ment of Law dated June 27, 1974, approved by the Director of Public Works and the Chief Building Inspector, and is approved for submission by the Mayor, which transmits a proposed amendment to the Livonia Code of Ordi- nances (Nuisances), relative to dangerous buildings and structures, and which ordinance received its first reading on July 24, 1974 by Councilman Bennett, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7-212 OF TITLE 7, CHAPTER 2 (HEATING ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 14486 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. Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8-210(a) OF CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 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 McCann, and unanimously Ladopted, it was #569-74 RESOLVED, that having considered a communication from M . Lisa Pernick, 31568 Bennett, Livonia, Michigan, dated July 7, 1974, regarding the need to provide access for horses at Rotary Community Park, where the same has been fenced, the Council does hereby determine to refer this matter to the Superintendent of Parks and Recreation for disposition. By Councilman Ventura, seconded by Councilman Bennett, it was #570-74 RESOLVED, that having considered a communication from Mr. and Mrs. J. Ninomiya, 31691 Bennett, Livonia, Michigan, dated June 28, 1974, wherein the aforesaid have requested permission to erect at their sole cost and expense two sections of fencing perpendicular to the existing City fence at the Rotary Community Park, as shown on the attached drawing, the Council does hereby determine to grant and approve permission as requested, provid- ed, however, that the permission granted herein shall be revocable at will by appropriate action of the City Council at any time; and further, that this action should not in any manner whatsoever be construed as constitut- ing a waiver or relinquishment of any City property or legal right of the City to enter upon the property involved for the purpose of removing and/or dismantling the said fence. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. 14487 By Councilman McCann, seconded by Councilman Bishop, it was #571-74 RESOLVED, that having considered a communication from the Person- nel Director dated July 1, 1974, which bears the signature of the Finance Director, and is approved by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on June 18, 1974, wherein it is recommended that the classification of Work Experience Coordinator in the summer program for the employment of Disadvantaged Youth be established at a flat rate of $6.25 an hour, the Council does hereby determine to con- cur in and approve of said action. A roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. The following resolution was unanimously, introduced, supported and adopted: #572-74 RESOLVED, that having considered a letter dated July 5, 1974, from Mrs. Coppola, 9931 Oporto, Livonia, Michigan 48150, requesting permis- sion to block off Oporto between Richland and Orangelawn on July 27, 1974 through July 28, 1974 from 7:00 p. m. to 1:30 a.m. for the purpose of conducting a street dance, the Council does hereby determine to grant permission as requested, the action taken herein being subject to approval of the Police Department. The item on the Agenda, with respect to the increase in cost in certain paving contracts, was removed, and will be considered at the next regular meeting to be conducted on August 7, 1974. By Councilman McCann, seconded by Councilman Raymond, it was #573-74 RESOLVED, that having considered a report and recommendation of the Acting City Engineer dated June 21, 1974, approved by the Director of Public Works, and approved for submission by the Mayor, with regard to the surplus of funds in the following assessment districts: Orig.Est. Actual % Excess S.A.D. Improvement Cost Cost Over Orig. No. 1 Water Main Improvement of Rayburn, $ 14,166.00 $ 10,955.04 22.7% Merriman to Henry Ruff No. 2 Water Main Improvement-Livonia 33,690.00 28,579.60 15.2% Gardens, Jamison to Barkley No. 7 Storm Sewer and Paving of Botsford 103,245.46 92,173.14 10.7% Park No. 13 Paving Brookfield 25,012.00 22,558.90 9.8% Plymouth to W. Chicago 14488 Orig.Est. Actual % Excess S.A.D. Improvement Cost Cost Over Orig. No. 15 Paving of Cardwell, Plymouth $ 42,294.00 $ 33,485.41 20.8% to Orangelawn No. 29 Paving of Amrheim Road Part I 312,228.97 247,847.28 20.6% No. 30 Paving of Amrheim Road Part II 8,210.60 6,551.37 20.2% No. 35 Paving N. Half of Lyndon 10,695.27 9,110.24 14.8% Harrison to Garden No. 42 Paving of Arcola 74,770.37 67,061.05 10.3% Plymouth to W. Chicago No. 44 Paving of Brookfield 21,884.11 20,779.56 5.0% S. of Five Mile No. 53 Paving of Lyndon 73,016.27 67,535.61 7.5% Middlebelt to Henry Ruff $719,213.05 $606,637.20 the Council does hereby request that the City Clerk and the City Treasurer and the Director of Finance do all things necessary to make a pro rata adjustment to the owners of property assessed in the aforesaid Special Assessment Districts, revising such special assessments in accordance with the revised Special Assessment Rolls attached to the aforesaid communica- tion, based upon actual construction costs in the manner provided for by the provisions set forth in Section 2-526 of the Livonia Code of Ordinances, as amended; and the Department of Law is hereby requested to assist the aforesaid in effectuating the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #574-74 RESOLVED, that having considered a communication dated June 24, 1974, from the City Planning Commission, which transmits its resolution No. 6-115-74, with regard to Petition No. 74-5-3-5, as submitted by the City Planning Commission on its own motion, requesting the vacating of portions of Horton Avenue and Leon Avenue located north of Ann Arbor Road, west of Newburgh Road in the Northeast 1/4 of Section 31, City of Livonia, Wayne County, Michigan, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to approve and grant the said Petition No. 74-5-3-5; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. 14489 low A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #575-74 RESOLVED, that having considered a communication from the Acting City Engineer dated June 24, 1974, approved by the Director of Public Works and the City Attorney, and approved for submission by the Mayor, with regard to a request submitted by the Michigan Bell Telephone Company, for the City to grant a 16' easement to the said Michigan Bell Telephone Company across a City-owned parcel of property located at the northwest corner of Plymouth and Newburgh Roads, the Council does hereby determine to authorize the Mayor and City Clerk to affix their signatures to the Right-of-way Agreement attached to the aforesaid communication for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. LThe communication from the Livonia Traffic Commission dated July 2, 1974, as well as a communication dated July 11, 1974 from the Hearthstone Homeowner's Association, with respect to a traffic sign at Eight Mile and Brentwood, were receiv- ed and filed for the information of the Council. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #576-74 RESOLVED, that the Council does hereby determine to request that the Livonia Traffic Commission in its consideration of requests submitted by residents and Civic Associations discuss such matters with the individuals or groups affected, and thereafter advise the Council by appropriate report of the results of such meetings. The communication dated June 14, 1974 from the Livonia Housing Commission with respect to the opening of Purlingbrook Avenue, was received and filed for the information of the Council. LBy Councilman McCann, seconded by Councilman Bennett, it was 14490 #577-74 RESOLVED, that having considered a communication from the Director of Public Works dated July 3, 1974, with regard to the requirement prescribed by state law that cities with a population of 10,000 or more file a Solid Waste Disposal Plan with the Department of Natural Resources by July 1, 1974, the Council does hereby determine to take this means to indicate that the City of Livonia supports the Regional Plan for the disposal of solid waste in Southeastern Michigan as prepared by Metcalf and Eddy of Michigan, Inc. for the Southeastern Michigan Council of Governments, and furthermore, the Council does hereby support implementing this plan by either (1) the formation of a Regional Authority, (2) a County operated system, or (3) a locally operated system, with a final decision to be made at such time as it can be determined which system will best serve the needs and interests of the City of Livonia; and the Director of Public Works and the 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: Raymond, Brown, McCann, Bennett, Ventura and Nash. NAYS: *Bishop. The President declared the resolution adopted. *Councilman Bishop made the following statement: My 'no' vote is predicated on the basis that any Regional Authority is tantamount to waiving control. The communication dated July 2, 1974 from the Director of Public Works, with respect to the status of Violations in the South 1/2 of Section 36 of the City, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was #578-74 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated July 11, 1974, approved by the Director of Public Works, which bears the signature of the Finance Director, and is approved for submission by the Mayor, the Council does hereby determine to accept a proposal dated July 1, 1974, from Domar Systems (Indiana) Inc., P. 0. Box 442, Madison, Indiana 47250, for furnish- ing all materials and labor necessary for the erection of an 82-foot diameter Salt Storage Building for the City of Livonia, for the total contract price of $34,000 in accordance with their proposal attached to the aforesaid communication; and the Director of Public Works is hereby authorized to approve detailed construction plans for the construction of the said building submitted by said company prior to proceeding with the construction work, as well as to approve all minor adjustments in the work as it is completed; further, the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid Domar Systems(Indiana) Inc., and the Council does hereby deter- mine to authorize said purchase without competitive bidding for the reasons 14491 indicated in the aforesaid communication, such action being taken in accordance with the provisions set forth in Section 2-213 (d)(5) of the Livonia Code of Ordinances, further, the Council does hereby determine to appropriate and authorize the expenditure of the additional sum of $1,000.00 from Federal Shared Revenues which amount, together with the $33,000 previously appropriated in Council Resolution No. 435-74, shall be expended in connection with the contract herein authorized; and the Council does hereby determine to appropriate and authorize the expenditure of the sum of $4,000 from Federal Revenue Sharing Funds in order to provide materials required by the Operations Division in order to prepare the site of the said building in the manner detailed in the aforesaid communication; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #579-74 RESOLVED, that having considered a communication dated July 3, 1974 from the Department of Law transmitting for acceptance a Grant of Easement executed on June 22, 1974 by Bernard L. Marquis and Opal M. Marquis, his wife, granting to the City an easement for public purposes which easement is more particularly described as: The W. 12 feet of Lot 22, Strathcona Garden Subdivi- sion, S. E. 1/4 of Section 13, T. 1 S., R. 9 E., Livonia, Wayne County, Michigan. Redd. L. 69 P 31 W.C.R. the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #580-74 RESOLVED, that having considered a communication dated July 10, 1974 from the Department of Law, transmitting for acceptance a Grant of Easement secured for the purpose of installing and maintaining a storm sewer to service the Yankee-Farmer Jack Complex, which Grant is more particularly described as follows : 14492 Grant of Easement executed on July 1, 1974 by Borman's, Inc., a Delaware Corporation, by its president Paul Borman, and its secretary Lawrence Kron, granting: The South 35 feet of the parcel hereinafter set forth: Parcel of land in part of N. E. 1/4 of Section 1, T. 1 S., R. 9 E., Livonia Township, Wayne County, Michigan, described as follows. Beginning at a point on the Westerly line of N. E. 1/4 of Section 1, T. 1 S., R. 9 E., said point being S. 0° 09' 00" E. 420.00 ft. from the N. W. corner of said N. E. 1/4 of Section 1, and running thence along said Westerly line of said N. E. 1/4 of said Section S. 0° 09' 00" E. 80 ft. to a point, thence N. 89° 57' 10" E. 337.46 ft. to a point in the center line of Angling Road, thence along said center line of Angling Road N. 1° 58' 20" E. 80.00 feet to a point, thence S. 89° 57' 40" W. 340.42 ft. to the point of beginning. (Bureau of Taxation Parcel #01L) the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #581-74 RESOLVED, that having considered a communication dated July 11, 1974 from the Department of Law transmitting for acceptance a Quit Claim Deed executed on June 28, 1974 by the Merriman Mall, a Michigan Co-Partner- ship, by John D. Dinan, Co-Partner, conveying to the City: The South 60' of the following described parcel: That part of the S. E. 1/4 of Section 3, City of Livonia, Wayne County, Michigan; described as beginning at a point on the South section line distant due West 60 feet from the S. E. corner of Section 3 and proceeding thence due West along said line 215 feet; thence N 0° 17' W. 880 ft. ; thence due east 215 feet; thence S 0° 17' East 880 feet to the point of beginning. (Bureau of Taxation Parcel 03EE3a,3b1) (Seven Mile Road right-of-way) the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Quit Claim Deed 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. 14493 A roll call vote was taken on the foregoing resolution with the following result: L AYES: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #582-74 RESOLVED, that having considered a communication dated July 15, 1974 from the Department of Law transmitting a Grant of Easement dated June 7, 1974 executed by Merriman Mall Company, a Michigan Partnership, by John D. Dinan, Partner, granting to the City an easement for the purpose of installing and maintaining a sanitary sewer to service the shopping center to be located at the northwest corner of Merriman and Seven Mile Roads, which easement is more particularly described as: a 12-foot wide easement centered about a line described as beginning at a point on the South line of Lot 293 of Spring Valley Sub. No. 2 as recorded in Liber 82, Page 44 said point being 5 feet West of the Southeast corner of said Lot 293; thence S. 00° 18' 40" E. 404.00 feet to a point 3S; thence continuing S. 00° 18' 40" E. 210.00 feet; thence . TJ. 89° 41' 20" E. 100.00 feet; also from said point 3S N.89° 41' 20" E. 77.00 feet. (Bureau of Taxation Parcel 03EE3a,EE3b1) L the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #583-74 WHEREAS, pursuant to the direction of the City Council in its resolution No. 489-74, adopted on June 19, 1974, and in accordance with Section 2-511 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of July 2, 1974, an assessment roll dated July 2, 1974, for an alley paving improvement with a twenty-foot wide, 7 1/2" deep strength asphalt pavement with valley swale, or its equivalent design, L for east-west alley lying between Farmington Road on the east and Stamford Road on the west and the north-south alley lying south of Roycroft between Farmington and Surrey Roads in the Southeast 1/4 of Section 16, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution No. 489-74; 14494 THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted 100 by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, September 23, 1974 at 8:00 P. M. to review the said Special Assessment Roll, at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of September 23, 1974, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Brown, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the Depart- ment of Law dated July 8, 1974 which submits a proposed amendment to the Zoning Ordinance with respect to Petition No. 72-1-1-8 of William Ponder for Newburgh Land and Development Company for property in Section 33, from RUF to R-7, the Council does hereby determine to table the same until such time as the Master Use Plan Study has been completed. A roll call vote was taken on the motion to table with the following result AYES: Brown and Bishop. NAYS: Raymond, McCann, Bennett, Ventura and Nash. The President declared the motion DENIED. Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 72-1-1-8 FOR CHANGE OF ZONING FROM RUF TO R-7. 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 n meeting of the Council. 14495 By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Depart- ment of Law dated July 8, 1974 which submits a proposed amendment to the Zoning Ordinance with respect to Petition No. 72-1-1-8 of William Ponder for Newburgh Land and Development Company for property in Section 33, from RUF to R-7, and which ordinance amendment received first reading by Councilman McCann on July 24, 1974, the Council does hereby determine to table the same until such time as the Master Use Plan Study has been completed. A roll call vote was taken on the motion to table with the following result: AYES: Raymond, Brown and Bennett. NAYS: McCann, Bishop, Ventura and Nash. The President declared the motion to table DENIED. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #584-74 RESOLVED, that having considered a communication from the Depart- ment of Law dated July 15, 1974, which submits a proposed "Cabaret Ordinance," the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. ir. By Councilman Raymond, seconded by Councilman Brown, it was #585-74 RESOLVED, that having considered a communication dated July 9, 1974, from the Michigan Municipal League with respect to the annual meet- ing of the members of the Michigan Municipal League to be conducted in Detroit from September 11, 1974 to September 13, 1974, the Council does hereby determine to designate Edward H. McNamara as a Voting Delegate and Official Representative of the City of Livonia at such annual meeting and Addison W. Bacon as the Alternate Voting Delegate and Representative of the City of Livonia in this regard, and the City Clerk is hereby requested to forward a copy of this resolution to the Michigan Municipal League at its headquarters, 1675 Green Road, Ann Arbor, Michigan 48105. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, McCann, Bennett, Bishop, Ventura and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was 14496 #586-74 RESOLVED, that having considered a communication from the L Director of Public Works dated May 15, 1974, approved for submission by the Mayor, with regard to a proposed Detroit Edison Company Subttansmission Power Line to be located on Middlelt (Joy to Plymouth) and Plymouth (West of Middlebelt), the Council does hereby determine to refer this matter to the City Planning Department and the Engineering Division for their respective reports and recommendations. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 8 CHAPTER 2 (MISDEMEANORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 8-257 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. The President of the Council relinquished the Chair to the Vice-President Lat 9:30 p. m. and was excused for the remainder of the meeting. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #587-74 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated July 2, 1974, and submitted pursuant to Council Resolution No. 247-74, in connection with a communication from the Department of Law dated March 25, 1974, relative to a proposed amendment to the Anti-Litter Ordinance concerning litter containers at business establishments, the Council does hereby determine to refer this matter back to the Department of Law for the purpose of revising the proposed Ordinance in accordance with changes suggested by the Legislative Committee, further, the Department of Law is requested, upon revision of the proposed ordinance, to submit the same to the Livonia Chamber of Commerce for their review and comments, prior to resubmission to Council. Councilman Bennnett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8-402(f) OF TITLE VIII, CHAPTER IV (FIREARMS, LONG ARMS, AND DANGEROUS WEAPONS ORDI- NANCE) OF THE LIVONIA CODE OF ORDINANCES L. AS AMENDED. 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. 14497 The above Ordinance was placed on the table for consideration at the next regular L meeting of the Council. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTIONS 8-25 AND 8-25 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. Councilman Bennett gave first reading to the following Ordinance, as revised by the Department of Law: AN ORDINANCE AMENDING CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTIONS 8-257 AND 8-258 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 Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #588-74 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 #589-74 RESOLVED, that having considered the report of comments and recommendations of Coopers & Lybrand, Certified Public Accountants, dated July 10, 1974, in connection with their audit of City of Livonia General and Water and Sewer Funds, the Council does hereby determine as follows: 14498 a) that with respect to accounts for the golf course, concessions, ice rinks, and swimming pool activities, that commencing with the 1974-1975 budget, that the aforesaid accounts be establish- ed as constituting a part of the City's General Fund Budget, and in this regard, the Director of Finance is hereby request- ed and authorized to do all things necessary or incidental in order to accomplish the purpose of the action taken herein; b) that the City Clerk and the Director of Finance are hereby requested to submit their report and recommendation on the feasibility of establishing on and after December 1, 1974 an Imprest Petty Cash Bank Account for the purpose of proces- sing vouchers for amounts less than $10.00, and c) that the Public Utility Manager is hereby requested to submit a report setting forth detailed unit costs of water service installations. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Bishop, Ventura and Brown. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #590-74 RESOLVED, that having considered a communication from the Depart- ment of Law, dated July 17, 1974, approved for submission by the Mayor, the Council does hereby determine to repeal and rescind Council resolution 507-74 adopted on July 10, 1974. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Bishop, Ventura and Brown. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #591-74 WHEREAS, the City of Livonia is in need of expanding its present Quaker Acres Historical Site for both historical and park purposes where such site is located on the north side of Seven Mile Road between Farming- ton Road on the east and Gill Road on the west, and WHEREAS, pursuant to the provisions of 1931 PA 285, as amended, the City Planning Commission of the City of Livonia having duly held public hearings and subsequently having adopted on March 19, 1974 an amendment to the Master School and Park Plan, Part V of the Master Plan of the City of Livonia, which amendment designates the real property hereinafter described for parks and recreational use; and WHEREAS, the City Planning Commission of the City of Livonia has recommended that this property be acquired for both historical and park purposes; 14499 NOW, THEREFORE, BE IT RESOLVED, that this City Council for the City of Livonia, Wayne County, Michigan, a Michigan municipal corporation, hereby declares that the acquisition of property described as follows. That part of the S.E. 1/4 of Section 4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant S. 89° 57' 10" W., 1176.20 ft. and N. 00° 00' 50" W., 310 ft. from the S.E. corner of said Section 4 and proceeding thence N. 00° 00' 50" W., 290 ft.; thence S. 89° 57' 10" W., 505 ft. ; thence S. 00° 00' 50" E., 310 ft.; thence N. 89° 57' 10" E., 160.00 ft., thence N. 00° 05' 45" E., 20 ft., thence N. 89° 57' 10" E., 344.96 ft. to the point of beginning. 3.435 acres is necessary for a public improvement for the use and benefit of the public for the purpose of its incorporation and for a public purpose within the scope of its powers, and the City Council for the City of Livonia does hereby declared that it deems it necessary to take the above described private property upon compensation to be paid therefor for such public improvement, BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and conduct the necessary proceedings on behalf of the City of Livonia in the Circuit Court for the County of Wayne, State of Michigan (that being the County where the private property sought to be taken is located), to carry out the objects of this resolution and to acquire by condemnation for the City of Livonia the private property hereinabove described for historical and parks use as provided in the Master School and Park Plan of the Master Plan for the City of Livonia, as hereinbefore set forth, as a necessary and authorized public improvement, and that said proceedings be brought in accordance with the statutes of the State of Michigan provided therefor and more particularly, 1911 PA 149, as amended (MSA 8.11, et seq; MCLA 213.21, et seq). BE IT FURTHER RESOLVED, that the foregoing acquisition shall be financed by the use of Federal Shared Revenue Funds, provided, however, that this action shall not be construed as approving the actual expenditure of funds without specific authorization therefor by this Council. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Bennett, Bishop, Ventura and Brown. NAYS: None. The following resolution was unanimously introduced, supported and adopted. #592-74 RESOLVED, that having considered a letter received by the Office of the City Clerk on July 17, 1974, from Faye R. Duckworth, 34731 Perth, Livonia, Michigan 48154, requesting permission to block off that section of Perth bounded by Riverside Drive on the east and Riverside Drive on the west, from 9:30 P. M. Saturday, August 3, 1974 to 2:00 A.M. Sunday, August 4, 1974, for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, the action taken herein being subject to approval of the Police Department. 14500 By Councilman McCann, seconded by Councilman Ventura, it was #593-74 RESOLVED, that having considered a communication from the Director of Real Estate, Chatham Super Markets, Inc., dated July 18, 1974, the Council does hereby determine to amend and revise Council Resolution No. 521-74, adopted on July 10, 1974, to the extent necessary so as to provide that in the deed to be executed by the Chatham Super Markets, Inc., conveying the property described therein to the City of Livonia, that said deed. shall provide for the reservation of a six-foot easement over the southerly six feet of the property to be provided for public utility services, as shown on the map attached to the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Bennett, Bishop, Ventura and Brown. NAYS: None. *Councilman Bishop was excused at 9:40 p. m. for the remainder of the meeting. By Councilman Raymond, seconded by Councilman Ventura, it was #594-74 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated June 4, 1974, and the report and recom- mendation of the Acting Chief of Police dated July 19, 1974, in connection therewith, the Council does hereby approve of the request from Southland Corporation to drop Carl & Kay Wood as Co,-Licensees and add Howard and Paula Stowe as Co-Licensees on 1974-75 SDM License located at 9001 Wayne Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of the resolution to the Michigan Liquor Control Commis- sion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Ventura and Brown. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, this 790th regular meeting of the Council of the City of Livonia was duly adjourned at 9:45 P. M., July 24, 1974. If ADDISON W. : CO' , CITY ILERK.