Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1978-12-20 17519 MINUTES OF THE EIGHT HUNDRED AND NINETY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 20, 1978, 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 13 P M Councilman Bennett delivered the invocation Roll was called with the following result. Present. Robert E. McCann, Gerald D Taylor, Jerry Raymond, Robert D. Bennett, Robert R. Bishop and Peter A Ventura Absent--Robert F. Nash. Elected and appointed officials present Addison W Bacon, City Clerk; Frances S. Stem, Deputy City Clerk; Harry C Tatigian, City Attorney, Michael Reiser, Water and Sewer Board Chairman, Ronald Mardiros, City Assessor, John T Dufour, Superintendent Parks and Recreation Department, John Nagy, City Planner, G. E L Siemert, City Engineer, and Jack Dodge, Finance Director By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #1120-78 RESOLVED, that the minutes of the 896th Regular Meeting of the Council of the City of Livonia, held December 13, 1978, are hereby approved The communication from the City Engineer dated November 28, 1978 with respect to Tennis Courts Construction at (1) Algonquin Park (Contract 77G) and (2) Ford Field (Contract 78-D), was received and placed on file for the information of the Council. Councilman Bennett took from the table, for second reading and adoption, the following Ordinance, as recommended by the Legislative Committee: AN ORDINANCE AMENDING SECTION 2-2506 OF CHAPTER 25 (COMMISSION ON AGING ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Bennett, Bishop, Ventura, Taylor, Raymond and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication 17520 Councilman Raymond took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 78-9-3-13) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Bishop, Ventura, Taylor, Raymond and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Raymond took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING CHAPTER 7 (RETIREMENT PLAN ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SUBSECTION (7) OF SECTION 2-705 THEREOF. By Councilman Ventura, seconded by Councilman Taylor, it was #1121-78 RESOLVED, that the foregoing Ordinance be amended so as to strike out the words "is 90°fo of" contained therein. A roll call vote was taken on the amendment with the following result. AYES Bishop, Ventura, Taylor, Raymond and McCann NAYS: Bennett The President declared the amendment adopted A roll call vote was taken on the foregoing Ordinance, as amended, as follows: AYES: Bishop, Ventura, Taylor, Raymond and McCann. NAYS. Bennett. The President declared the Ordinance, as amended, adopted and would become effective on publication. By Councilman Bishop, seconded by Councilman Taylor, it was #1122-78 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated November 27, 1978, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits its resolution WS 2297 11/78, the Council does hereby accept the bid of Eaton Corporation, Yale Industrial Trucks Detroit, 24701 Hallwood Court, Farmington, Michigan 48021, c/o T B. Prillaman, for supplying the City (Water Maintenance Department) with one (1) 3,000 lb. 17521 Fork Lift Industrial Truck, Model GP030UAS085, for the unit price of $12,995.00, less trade-in of $300 00, for a total price of $12,695.00, the same having been in fact the lowest bid received and meets all specifica- tions. A roll call vote was taken on the foregoing resolution with the following result: AYES Bennett, Bishop, Ventura, Taylor, Raymond and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Bishop, it was #1123-78 RESOLVED, that having considered a communication from the CETA Program Administrator, dated November 28, 1978, approved by the Finance Director and approved for submission by the Mayor, with respect to an invoice in the amount of $2700 00 received from the Livonia Family Y for services rendered relating to the Youth Assistance Program, the Council does hereby determine to approve and authorize the payment of the same; 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. Bennett, Bishop, Ventura, Taylor, Raymond and McCann NAYS. None. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication dated November 28, 1978 from the City Planning Commission which transmits its resolution 11-231-78 adopted on November 14, 1978, with regard to Petition 78-9-3-12, submitted by Estate Builders requesting the vacating of an easement on Lot 22 of Stoneleigh Village Subdivision located east of Ellen Drive between Schoolcraft and Lyndon in the Southwest 1/4 of Section 21, the Council does hereby determine to reject the recommendation of the Planning Commission and to grant and approve the said Petition 78-9-3-12; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura and McCann NAYS. Bennett, Bishop, Taylor and Raymond The President declared the resolution DENIED. By Councilman Raymond, seconded by Councilman Bennett, it was #1124-78 RESOLVED, that having considered a communication dated November 28, 1978 from the City Planning Commission which transmits its resolution 11-231-78 adopted on November 14, 1978, with regard to Petition 78-9-3-12, submitted by Estate Builders requesting the vacating of an easement on Lot 22 of Stoneleigh Village Subdivision located east of Ellen Drive between Schoolcraft and Lyndon in the Southwest 1/4 of Section 21, the 17522 Council does hereby determine to concur in the recommendation of the City Planning Commission and to deny Petition 78-9-3-12 for the same reasons as those set forth in the aforesaid action of the Planning Commission; further the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute a revocable license permitting an encroachment in the manner indicated with respect to this property in lieu of the requested vacating; and the Department of Law is hereby requested to prepare the document required to implement the action taken herein. A roll call vote was taken on the foregoing resolution with the following result• AYES: Bennett, Bishop, Ventura, Taylor, Raymond and McCann. NAYS: None By Councilman Bishop, seconded by Councilman Ventura, it was #1125-78 RESOLVED, that having considered a communication from the City Planning Commission, dated November 28, 1978, which transmits its resolu- tion 11-232-78 adopted on November 14, 1978, with regard to Petition 78-9-3-14, submitted by Dembs-Roth, requesting the vacating of a 12' easement on Lot 10 of Julaur Industrial Subdivision located on the south side of Industrial Road between Stark and Wayne Roads in the North 1/2 of Section 28, the Council does hereby determine to concur in the recommenda- tion of the City Planning Commission and to grant and approve the said Petition 78-9-3-14, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Bishop, Ventura, Taylor, Raymond and McCann. NAYS• None. By Councilman Ventura, seconded by Councilman Bishop, it was #1126-78 RESOLVED, that having considered a communication dated November 28, 1978 from the City Planning Commission which transmits its resolution 11-226-78 adopted on November 14, 1978, with regard to Petition 78-8-2-23, submitted by Wynne Garlow Zurek and Peter Zurek, requesting waiver use approval to operate a restaurant within an existing structure on property zoned C-2, located in the Livonia Mall Shopping Center at the northwest corner of Middlebelt and Seven Mile Roads in Section 2, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 78-8-2-23 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission, as well as the addi- tional condition that the approval herein is conditioned upon compliance with a revised interior elevation plan, dated December 13, 1978, and further, that the Planning Department is requested to consult with the Livonia Mall for the purpose of improving the trash and waste area located East of Entrance "G" A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Taylor, Raymond and McCann. NAYS. None. 17523 By Councilman Bishop, seconded by Councilman Ventura, it was #1127-78 RESOLVED, that having considered a communication dated November 28, 1978 from the City Planning Commission which transmits its resolution 11-227-78 adopted on November 14, 1978, with regard to Petition 78-8-2-24, submitted by Wynne Garlow Zurek and Peter Zurek, requesting waiver use approval to establish a Class C Liquor Licensed operation within an existing building on property zoned C-2, located in the Livonia Mall Shopping Center at the northwest corner of Middlebelt and Seven Mile Roads in Section 2, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 78-8-2-24 is hereby approved and granted A roll call vote was taken on the foregoing resolution with the following result. AYES• Bennett, Bishop, Ventura, Taylor, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #1128-78 RESOLVED, that having considered a communication from the City Planning Commission, dated November 28, 1978, to which is attached its resolution 11-235-78 adopted on November 14, 1978, wherein the Commission did amend Part V of the Master Plan of the City of Livonia, entitled "The ike Master School and Park Plan," so as to incorporate Bainbridge Park located east of Merriman Road between Curtis and Hillbrook Avenue in the Northwest 1/4 of Section 11, the Council does hereby certify and acknowledge receipt of same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Bishop, Ventura, Taylor, Raymond and McCann. NAYS: None. By Councilman Taylor, seconded by Councilman Raymond, it was #1129-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 17, 1978, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Practical Home Builders, Incorporated, 21790 Coolidge Highway, Oak Park, Michigan 48237, the proprietor of the Stoneleigh Village Subdivision located in the southwest 1/4 of Section 21, the financial assurances previously deposited with respect to general improvements in the amount of $3000.00, the Sidewalk Bond in the amount of $57,500.00, the Landscaping Bond (relating to greenbelt easements and subdivision entrance markers) in the amount of $19,000.00, and the Grading and Soil Erosion Control Bond in the amount of $9000.00, deposited pursuant to Council Resolution 633-76 adopted on July 21, 1976, as thereafter subsequently amended in Council Resolution 947-76 adopted on November 10, 1976 and in Council Resolution 1077-76 adopted on December 15, 1976, the action herein being taken for the reason indicated in the aforementioned report of the City Engineer that all of these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 17524 A roll call vote was taken on the foregoing resolution with the following result. low AYES Bennett, Bishop, Ventura, Taylor, Raymond and McCann NAYS: None By Councilman Ventura, seconded by Councilman Bishop, it was #1130-78 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 28, 1978, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Biltmore Homes Company, 2900 W Maple, Troy, Michigan 48084, the proprietor of the Windridge Village Subdivision No. 2, located in the southeast 1/4 of Section 4, the financial assurances previously deposited related to the placement of survey monuments and markers deposited pursuant to Council Resolution 503-78 adopted on June 7, 1978, as thereafter subsequently amended in Council Resolution 678-78 adopted on July 26, 1978, and in Council Resolution 908-78 adopted on October 11, 1978, which was in the amount of $6805.00, to guaranty the satisfactory installation of survey monuments and markers in Windridge Village Subdivision No. 2, 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 aforesaid report of the City Engineer that all of these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES. Bennett, Bishop, Ventura, Taylor, Raymond and McCann NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #1131-78 RESOLVED, that having considered a communication from the Historical Commission, dated November 16, 1978, approved for submission by the Mayor, to which is attached a proposed agreement from the Michigan Council for the Arts, being Control No. 9A 049 and Contract No 9280-CS, wherein a Consultant Service Grant in the amount of $2000.00 has been awarded under the Community Assistance Program, the Council does hereby determine for and on behalf of the City of Livonia to accept the same, as well as to authorize the Mayor and City Clerk to execute the said Agreement and the Historical Commission is hereby requested to do all things necessar: or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES. Bennett, Bishop, Ventura, Taylor, Raymond and McCann NAYS: None 17525 By Councilman Taylor, seconded by Councilman Bishop, it was #1132-78 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated November 21, 1978, approved by the Finance Director and approved for submission by the Mayor, with regard to a three year contract between the City of Livonia and Gary L. Whitener, Golf Professional, for the period March 15, 1979 through November 15, 1981, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to execute the said contract on the basis of the same terms and, conditions as those previously agreed to (as per Council Resolution 205-77) with the exception, however, of providing a 7% raise based on the current rate of $14,257 00 for the 1979 season, and thereafter an additional 7% increase in compensation to be paid the said golf professional for the 1980 season and an additional 7% increase in compensation to be paid for the 1981 season, further, the Council does hereby approve and authorize providing the said golf profes- sional as an additional benefit a dental reimbursement program which is consistent with that provided to general employees of the City; and the Department of Law is hereby requested to prepare the said agreement in the manner herein indicated. By Councilman Bennett, seconded by Councilman Ventura, it was RESOLVED, that the foregoing proposed resolution which would grant a 7% Increase for Each of Three Years and Dental Benefits to the Golf Professional is hereby referred to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the motion to refer, with the following result. AYES: Bennett and Ventura NAYS. Bishop, Taylor, Raymond and McCann The President declared the motion to refer DENIED. By Councilman Raymond, seconded by Councilman Bennett, it was RESOLVED, that the Council does hereby determine to substitute, in lieu of the foregoing resolution, a resolution which would grant a 7% Increase in salary for first year only to the Golf Professional A roll call vote was taken on the motion to substitute, with the following result AYES Bennett, Ventura and Raymond. NAYS. Bishop, Taylor and. McCann. The President declared the motion to substitute, DENIED A roll call vote was taken on the original resolution with the following result AYES Bishop, Ventura, Taylor, Raymond and McCann. NAYS: Bennett The President declared the resolution adopted. 17526 By Councilman Taylor, seconded by Councilman Raymond, and unanimously adopted, it was #1133-78 RESOLVED, that having considered a communication from certain residents on Barkley, dated November 21, 1978, with respect to the alleged use of property at 29446 Barkley for meetings of a group identified as being the "Way Cult Group," the Council does hereby determine to refer the same to the Mayor and Chief of Police for disposition. By Councilman Bishop, seconded by Councilman Taylor, it was #1134-78 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated December 4, 1978, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby determine to authorize the following transfer of funds FROM ACCOUNT AMOUNT TO ACCOUNT 101-304-709 (Overtime) $4,645 101-304-702 (Salaries) 101-307-702 (Salaries) 700 101-307-709 (Overtime) 101-307-702 (Salaries) 1,800 101-310-709 (Overtime) 101-307-702 (Salaries) 1,000 101-316-702 (Salaries) 101-307-702 (Salaries) 500 101-321-709 (Overtime) 101-307-702 (Salaries) 200 101-323-702 (Salaries) 101-307-702 (Salaries) 1,050 101-323-709 (Overtime) 101-307-702 (Salaries) 100 101-325-702 (Salaries) 101-307-702 (Salaries) 1,600 101-309-939 (Veh. Maint.) 101-307-702 (Salaries) 1,100 101-309-751 (Gas & Oil) 101-307-702 (Salaries) 62 101-325-960-010 (Edu. & Training) 101-307-702 (Salaries) 104 101-310-851 (Capital Outlay) 101-319-702 (Salaries) 8,560 101-302-702 (Salaries) 101-319-702 (Salaries) 1,400 101-309-939 (Veh. Maint.) 101-321-702 (Salaries) 3,650 101-325-709 (Overtime) 101-332-702 (Salaries) 38,904 101-325-702 (Salaries) 101-332-709 (Overtime) 1,000 101-309-939' (Veh Maint.) the action herein being taken for the reasons indicated in the aforesaid communication A roll call vote was taken on the foregoing resolution with the following result. AYES. Bennett, Bishop, Ventura, Taylor, Raymond and McCann. NAYS. None. By Councilman Raymond, seconded by Councilman Bishop, it was #1135-78 RESOLVED, that having considered a communication from the Depart- ment of Law, dated December 6, 1978, transmitting for Council acceptance two Grants of Easement dated November 16, 1978, executed by Maple Hill Development Co. , a Michigan Co-Partnership, by Jacob Menuck and John P O'Reilly, Partners, for: 17527 The East 12 feet of the following described parcel: The South 300 feet of Lot 150, Supervisor's Livonia Plat No. 2, as recorded in Liber 66, Page 1, Wayne County Records, said plat being part of the South 5/8 of the N.E 1/4 and the East 1/2 of the North 3/8 of the N E 1/4 of Section 33, T. 1 S , R 9 E , Livonia Township (now City of Livonia) , Wayne County, Michigan. and The West 12 feet of the following described parcel: The South 300 feet of Lot 150, Supervisor's Livonia Plat No. 2, as recorded in Liber 66, Page 1, Wayne County Records, said plat being part of the South 5/8 of the N.E. 1/4 and the East 1/2 of the North 3/8 of the N E. 1/4 of Section 33, T 1 S , R 9 E. , Livonia Township (now City of Livonia), Wayne County, Michigan. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other 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: Bennett, Bishop, Ventura, Taylor, Raymond and. McCann. NAYS: None By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #1136-78 RESOLVED, that having considered a communication dated December 6, 1978 from Stewart J Giles, Exec. Vice President of Concrete Control Corporation, which in accordance with the provisions of Section 19 08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on November 28, 1978 by the City Planning Commission in its resolution 11-244-78 with regard to Petition 78-4-2-11 submitted by Concrete Control Corporation requesting permission to park trucks and, construction equipment as a waiver use on property zoned M-1 and located on the west side of Brookfield between Capitol and Plymouth Road in the Southwest 1/4 of Section 27, the Council does hereby designate Monday, January 29, 1979, at 7 30 P M as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing, as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof, in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia *Councilman Ventura was excused at 8.45 P M 17528 By Councilman Raymond, seconded by Councilman Taylor, it was #1137-78 RESOLVED, that having considered a communication dated December 14, 1978 from the Department of Law transmitting for Council acceptance three Grants of Easements more particularly described as: 1. Grant of Easement dated December 6, 1978 executed by Leonard R. Farber, President of the Republic Development Corporation, conveying: That part of the N W. 1/4 of Section 18, T 1 S. , R 9 E , City of Livonia, Wayne County, Michigan, described as follows. Commencing at the N W corner of Section 18, T 1 S. , R 9 E , and proceeding thence along the W. line of said Section 18, S. 0° 11' 58" E , 710.02 ft. , thence S 89° 45' 13" E , 920 00 ft to the point of beginning of the easement herein described; thence S. 89° 45' 13" E. , 20.00 ft , thence N. 0° 14' 47" E. , 68.00 ft. , thence N 89° 45' 13" W. , 20.00 ft. ; thence S. 0° 14' 47" W , 68.00 ft. to the point of beginning. 2. Grant of Easement dated December 6, 1978 executed by Leonard R Farber, President of the Republic Development Corporation, conveying: That part of the N W. 1/4 of Section 18, T. 1 S , R 9 E. , City of Livonia, Wayne County, Michigan, described as follows: Commencing at the N.W corner of Section 18, T 1 S , R 9 E. , and proceeding thence along the W line of said Section 18, S 0° 11' 58" E. , 710 02 ft. , thence S. 89° 45' 13" E , 1026.00 ft to the point of beginning of the easement herein described, thence N. 0° 14' 47" E , 20.00 ft ; thence S 89° 45' 13" E. , 12 00 ft , thence S 0° 14' 47" W , 20.00 ft. , thence N. 89° 45' 13" W , 12.00 ft. to the point of beginning 3. Grant of Easement dated December 6, 1978 executed by Leonard R Farber, President of the Republic Development Corporation, conveying. That part of the N W 1/4 of Section 18, T 1 S. , R 9 E , City of Livonia, Wayne County, Michigan, described as follows: Commencing at the N W corner of Section 18, T 1 S , R 9 E. , and proceeding thence along the N line of said Sec. 18, S. 89° 45' 13" E. , 901.52 ft. ; thence S 0° 14' 47" W , 60 00 ft. to the point of beginning of the easement herein described, said point being on the S. line of Six Mile Road, 120.00 ft. wide; thence along said line, S. 89° 45' 13" E , 44.00 ft. , thence S 0° 14' 47" W , 10 00 ft. ; thence N 89° 45' 13" W , 44 00 ft. ; thence N. 0° 14' 47" E , 10.00 ft. to the point of beginning the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easements and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. 17529 roll call vote was taken on the foregoing resolution with the following result: AYES. Bennett, Bishop, Taylor, Raymond. and McCann NAYS. None *Councilman Ventura returned at 8.46 P M On motion of Councilman Bishop, seconded by Councilman Taylor, and unanimously adopted, this 897th Regular Meeting of the Council of the City of Livonia was duly adjourned at 8.48 P M , December 20, 1978. ADDISON W. ON, CITY CLERK