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HomeMy WebLinkAboutCOUNCIL MINUTES 1977-07-13 161+87 MINUTES OF THE EIGHT HUNDRED AND SIXTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 13, 1977, 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 8:10 P M. Councilman Brown delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Robert F. Nash, Jerry H. Brown, Jerry Raymond, Peter A. Ventura, Robert R. Bishop and Robert D. Bennett. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C Tatigian, City Attorney; John T. Dufour, Superintendent Parks & Recreation; John Nagy, City Planner; Daniel R. Andrew, Planning Commission, Robert E. Osborn, Director of Public Works; Richard 0. Jones, Public Utilities Manager; G. E. Siemert, City Engineer; Russell Gronevelt, Superintendent of Operations; and Michael Reiser of the Water and Sewer Board. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #656-77 RESOLVED, that the minutes of the 861st Regular Meeting of the Council of the City of Livonia, held June 29, 1977, are hereby approved. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #657-77 RESOLVED, that the minutes of the 168th Special Meeting of the Council of the City of Livonia, held July 1, 1977, are hereby approved. The communication from the Director of Finance dated June 17, 1977, transmitting various financial statements of the City of Livonia for the month ending May 31, 1977, was received and filed for the information of the Council. The communication from the City Engineer dated June 22, 1977, in response Lto CR No. 166-77, relative to vacating a portion of an existing 10 ft. wide easement across Lot 108 in Dover Courts Subdivision, was received and filed for the information of the Council. 16488 LThe communication from the Traffic Commission, dated June 23, 1977, in response to CR 476-77, with respect to traffic problems on Camden North of Plymouth Road, was received and filed for the information of the Council. The communication from the CETA Program Administrator, dated June 16, 1977, transmitting copies of the Federally required Quarterly Reports relative to the CETA Program, was received and filed for the information of the Council. The Communication from the CETA Program Administrator, dated June 23, 1977, in response to CR 328-77, with respect to request for report concerning all CETA Programs, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Brown, it was #658-77 RESOLVED, that having considered a communication from the Director of Finance, dated June 16, 1977, approved for submission by the Mayor, and to which is attached an Annual Membership fee notice from the Michigan Municipal League dated July 1, 1977, the Council does hereby determine to authorize the payment of same; and the City Clerk and City L 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: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #659-77 RESOLVED, that having considered a communication from the Director of Finance, dated June 16, 1977, approved for submission by the Mayor, wherein it is recommended that certain budget adjustments be made in order to effectuate the transfer of roadside mowing activities from the Road Maintenance Division, to the Parks Maintenance Division, the Council does hereby determine to authorize the following transfers: Transfer From Transfer To Account No. Amount Account No. Amount 101..463-702 $(27,878) 101-704-702 $ 27,878 101-463-712-020 18,710 101-704-712-020 (18,710) 101-463-715 ( 1,631) 101-704-715 1,631 101-463-717 ( 600) 101-704-717 600 L 101-463-719 ( 2,385) 101-704-719 2,385 101-463-720 ( 289) 101-704-720 289 101-463-722 ( 2,526) 101-704-722 2,526 101-463-725-010 14,968 101-704-725-010 (14,968) 101-463-943-020 17,056 101-704-943-020 (17,056) 101-463-947 17 056 101-704-947 17,056 1 1 f 1,631, 16489 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bennett, Nash and McCann. NAYS: Bishop. The President declared the resolution adopted. By CouncilmAn Brown, seconded by Councilman Nash, it was #660-77 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated June 10, 1977, approved by the Director of Finance and approved for submission by the Mayor, with regard to the consumption of fuel oil at the Pierson Center, the Council does hereby determine to appropriate the sum of $4,000.00 from the Unallocated Surplus Account to be transferred to the Recreation Administra- tion Budget Account No. 101-707-928 for the purpose stated. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #661-77 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated June 16, 1977, approved by the Finance Director and approved for submission by the Mayor, with regard to funds required to establish the position of Coordinator of Senior Citizens' Activities, the Council does hereby determine to appropriate the sum of $2,726.00 from the Unallocated Surplus Account to be transferred to the following Accounts in the following amounts: $1,207.00 to Account No. 101-717-702 Salaries 341.00 to Account No. 101-717-714 FICA 65.00 to Account No. 101-717-720 Life Insurance 567.00 to Account No. 101-717-719 Group Insurance 546.00 to Account No. 101-717-722 Pension A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was L #662-77 RESOLVED, that the Council does hereby request that the Civil Service Commission and the Personnel Department submit their reports concerning the departure from normal testing procedures by the use of 100% oral interview for applicants for the position of Coordinator of Senior Citizens' Activities; and the Civil Service Commission is requested to proceed no further with the examination process until such time as these reports have been forwarded to the City Council. 16490 By Councilman Bishop, seconded by Councilman Bennett, it was #663-77 RESOLVED, that having considered a communication from the Director of Community Resources, dated June 15, 1977, approved by the Finance Director and approved for submission by the Mayor, wherein the request is submitted for funds required to purchase equipment necessary to make presentations to community groups, for the employee workshops, for development of a slide show relating to the city hall construction project and equipment for the Information and Complaint Center, the Council does hereby authorize the transfer of the sum of $2,000.00 from Account No. 101-174-886-110 to Account No. 101-174-983-000 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Bishop, it was unanimously adopted, #664-77 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety - Police, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby determine to authorize the transfer of the sum of $23,400.00 from Account No. 101-325-702, Patrol Bureau Salaries and Wages, to the following accounts in the following amounts: 101-304-756 Miscellaneous $ 50.00 101-304-766 Tools & Supplies 100.00 101-304-904 Printing 6,000.00 101-304-934 Office Equipment Maintenance 1,500.00 101-304-958 Dues & Subscriptions 250.00 101-310-984 Capital Outlay 15,000.00 101-316-756 Miscellaneous 500.00 Total $ 23,400.00 the action herein being taken for the reasons indicated in the aforesaid communication. *Councilman Brown was excused at 8:28 P. M. By-Ootincilman Nash, seconded by Councilman Bishop, it was 0665-77 RESOLVED, that having considered a communication dated June 2, 1977 from the City Planning Commission, which transmits its resolution 5-100-77 adopted on May 17, 1977 with regard to Petition 77-4-2-5 submitted by Rodney C Kropf for Rocco and Adelia Corsi requesting waiver use approval to construct an addition to an existing banquet facility on property zoned C-2 located on the north side of Seven Mile Road between Inkster Road and Harrison in the Southeast 1/4 of Section 1, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 77-4-2-5 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 and compliance with the following conditions: 16491 1 Existing landscaping shall be maintained in good condition. 2. Additional landscaping shall be provided in the front yard areas. 3. Existing parking lot shall be maintained in good condition. 4. Existing pole-mounted signs shall be redone in an aesthetically pleasing manner. 5. The petitioner's voluntary offer to dedicate 27' of Seven Mile Road right-of-way shall be fulfilled. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. *Councilman Brown returned at 8:29 P. M. By Councilman Ventura, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication dated April 14, 1977 from the City Planning Commission which sets forth its resolution 4-72-77 with regard to Petition 77-3-2-4, submitted by Burger Chef requesting waiver use approval to construct an addition to the existing facility on property zoned C-2, located on the north side of Five Mile Road, east of Merriman Road, in the Southwest 1/4 of Section 14, and the Council having conducted a public hearing with regard to this matter on May 23, 1977, pursuant to Council resolution 428-77, the Council does hereby determine to reject the recommendation of the Planning Commission and Petition 77-3-2-4 is hereby approved and granted, such approval to be subject to compliance with the following conditions: 1) That the petitioner maintain all landscaping shown on site plan including that located adjacent to this property but off-site; 2) That parking be provided on an angular basis; 3) That the westerly access opening adjacent to the shopping center parking lot remain open. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bishop and Bennett. NAYS: Raymond, Nash, Brown and McCann. The President declared the resolution DENIED. By Councilman Brown, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication dated April 14, 1977 from the City Planning Commission which sets forth its resolution 4-72-77 with regard to Petition 77-3-2-4, submitted by Burger Chef requesting waiver use approval to construct an addition to the existing facility on property zoned C-2, located on the north side of Five Mile 16492 Road, east of Merriman Road, in the Southwest 1/4 of Section 14, and the Council having conducted a public hearing with regard to this matter on May 23, 1977, pursuant to Council resolution 428-77, the Council does hereby determine to concur in the recommendation of the City Planning Commission and Petition 77-3-2-4 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. By Councilman Ventura, seconded by Councilman Bennett, it was #666-77 RESOLVED, that having considered a communication dated April 14, 1977 from the City Planning Commission which sets forth its resolution 4-72-77 with regard to Petition 77-3-2-4, submitted by Burger Chef requesting waiver use approval to construct an addition to the existing facility on property zoned C-2, located on the north side of Five Mile Road, east of Merriman Road, in the Southwest 1/4 of Section 14, and the Council having conducted a public hearing with regard to this matter on May 23, 1977, pursuant to Council resolution 428-77, the Council does hereby determine to refer this matter to the Study Session to be conducted on July 18, 1977. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Bishop, Bennett and Nash. NAYS: Brown, Raymond and McCann. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bennett and u. animously adopted, it was #667-77 RESOLVED, that having considered a communication dated June 23, 1977 from the City Planning Commission, which transmits its resolution 6-114-77 adopted on June 7, 1977 with regard to Petition 77-5-2-8, submitted by Diehl and Diehl, Architects for St. Edith Parish, requesting waiver use approval to construct an addition to the existing church facility on property zoned R-1 located south of Five Mile Road between Blue Skies and Newburgh Road in the Northeast 1/4 of Section 19, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 77-5-2-8 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. By Councilman Brown, seconded by Councilman Raymond, it was #668-77 RESOLVED, that having considered a communication dated June 22, 1977 from the City Planning Commission which transmits its Resolution 6-122-77, adopted on June 7, 1977 with regard to Petition 77-3-3-3, submitted by Vargo's Inc. , requesting the vacating of that portion of the right-of-way of Henry Ruff located west of Oporto, south of Six Mile Road in the Northeast 1/4 of Section 14, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition 77-3-3-3; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. 16493 A roll call vote was taken on 'the foregoing resolution with the following result: AYES: Brown, Raymond, Bishop, Bennett, Nash and McCann. NAYS: Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Raymond, it was #669-77 RESOLVED, that having considered a communication dated June 23, 1977 from the City Planning Commission which transmits its resolution 6-116-77, adopted on June 7, 1977 with regard to Petition 77-5-3-5 submitted by the City Planning Commission requesting the vacating of the unimproved portion of Melvin Avenue right-of-way located between Fairfax and Bretton Roads in the Southeast 1/4 of Section 2, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition 77-5-3-5, subject to the retention of a full-width easement, 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: Brown, Raymond, Bishop, Bennett, Nash and McCann. 110 NAYS: Ventura. The President declared the resolution adopted. The communication from the Planning Director dated June 24, 1977 with respect to Round II of the Local Public Works Program was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Ventura, it was #670-77 RESOLVED, that having considered a petition received from residents of the Cherokee Trail Subdivision, with respect to S.A D Roll No 171 for the installation of five (5) street lights in the Cherokee Trail Subdivi- sion, the Council does hereby determine to rescind Council Resolution 585-77. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None imw By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #671-77 RESOLVED, that having given further consideration to the proposed installation of ornamental street lighting with underground wiring in the Cherokee Trail Subdivision, located in the S W. 1/4 of Section 33, the 16494 cost to be defrayed by special assessment upon property especially benefited in proportion to the benefits .derived or to be _derived, the Council does hereby determine that the said improvement shall be made on the basis of two street lights, one to be located in the island area located at Grandon and Hanlon and the other to be located at the intersec- tion of Grandon and Laurel, and to the extent required to be consistent with the action taken herein the Council does hereby amend and revise Council Resolution 47-77 adopted on January 5, 1977; and the City Assessor is hereby requested to prepare a revised special assessment roll in accordance with this determination. By Councilman Nash, seconded by Councilman Ventura, it was #672-77 WHEREAS, Act 40, Chapter 20, Section 478 of the Public Acts of the State of Michigan of 1956, as amended, provides the method and manner that the Bakewell Drain Drainage Board may relinquish jurisdiction and control to a city of a drainage district and drain under their jurisdiction and control, upon which there is no outstanding indebtedness or contract liability and which district and drain is located within the boundaries of a city, and WHEREAS, it has been determined that there is no outstanding indebtedness or contract liability on the Bakewell Drain Drainage District located in the City of Livonia, and WHEREAS, this concurrence and resolution is necessary and in compliance of Act 40, Chapter 20, Section 478 of the Public Acts of the State of Michigan of 1956, as mended, and in the best interest of the public health, safety and welfare of the citizens of the City of Livonia, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia hereby requests and petitions the Bakewell Drain Drainage Board to relinquish jurisdiction of the Bakewell Drain and the Bakewell Drain Drainage District to the City of Livonia, BE IT FURTHER RESOLVED, that the City Council of the City of Livonia on behalf of the City of Livonia, hereby agrees that upon transfer of said jurisdiction of the Bakewell Drain Drainage District and Bakewell. Drain, it shall assume the maintenance, jurisdiction, control and operation of the Bakewell Drain, and BE IT FURTHER RESOLVED, that this resolution be presented to Charles N. Youngblood, Wayne County Drain Commissioner, and Chairman of the Bakewell Drain Drainage Board for further action and consideration and for the return of any surplus moneys in the drain fund of said drainage district, pursuant to the provisions of Section 478 of Chapter 20 of Act 40 of the Public Acts of the State of Michigan of 1956, as amended, (M.S.A 11.1478 M.0 L 1970, Sec. 280.478) in proportion to the assessment levied, 98.48% to the City of Livonia and 1.52% to the County of Wayne. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. 16495 By Councilman Bennett, seconded by' Councilman Raymond, and unanimously adopted,it was #673-77 RESOLVED, that having considered a communication from the City Engineer dated June 2, 1977, which bears the signature of the Finance Director, which is approved by the Director of Public Works and approved for submission by the Mayor, with regard to the proposed widening of Newburgh Road, North of Six Mile Road, in connection with the Laurel Park Development, the Council does hereby determine to refer this item to the Committee of the Whole for further consideration. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #674-77 RESOLVED, that having considered a letter from Mr. Wilbur Tucker, 20406 Floral, Livonia, Michigan 48152, dated June 16, 1977 with regard to the special assessment placed on his property by reason of the Argonne Subdivision Road Improvement Project, the Council does hereby determine to take no further action with respect to this item; with respect to Mr. Tucker's complaint concerning the noise caused by the Borman Food Store Outlet at Eight Mile Road and Grand River, the Council does hereby request that the Bureau of Inspection submit its report and recommendation. By Councilman Bennett, seconded by Councilman Nash, it was #675-77 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated June 27, 1977 with respect to the request by Baseline Drugs, Inc. for a new S D D. license to be held in conjunction with 1977-78 S D M. licensed business located at 33479 W Eight Mile Road, Livonia, Michigan, the Council does hereby request that the Liquor Control Commission hold this matter in abeyance and not issue the requested license until such time as the applicant's petition is in compliance with the Livonia Zoning Ordinance which requires waiver use approval for S D.D. licenses which approval has not been obtained at this time; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Bishop, Bennett, Nash and McCann. NAYS: Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, it was #676-77 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 28, 1977, and the report and recommendation of the acting Chief of Police, dated June 22, 1977 in connection therewith, the Council does hereby recommend approval of the request from the Southland Corporation to add Robert Charles Perry as co-licensee to 1976 S D M. licensed business located at 38340 Joy Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 16496 A roll call vote was taken on the foregoing resolution with the following result: LAYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Bishop, it was #677-77 RESOLVED, that having considered a communication from the Department of Assessment, dated June 30, 1977, approved for submission by the Mayor, with regard to a request from D. R Diaz, Associates, General. Contractors, 19555 Fitzgerald, Livonia, Michigan 1+8152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.11.6 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby determine to deny the request for dividing Tax Item No. 46 009 99 0102 000 (03A68b1b) into two parcels since the same would be in violation of the City's Zoning Ordinance and Law. A roll call vote was taken on the foregoing resolution with the following result: AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, it was 4678-77 RESOLVED, that having considered a communication from the Department of Assessment, dated June 29, 1977, approved for submission by the Mayor, with regard to a request from Mr. Paul Leece, Realty World, 15337 Farmington Road, Livonia, Michigan 48154 as agent for owners, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division and combination of Tax Item No. 46 087 01 0001 001 (22d1a) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing and combining of the same into two parcels, the legal description of which shall read as follows: Parcel 1 The N. 82.5 feet of the West 165 feet of Lot 1, Wolfe Gardens being a Subdivision of part of the S W. 1/4 of Sec. 22, T 1 S. , R 9 E , Livonia Township, (now City of Livonia) Wayne County, Michigan, as recorded in Liber 68 of Plats on Page 87, Wayne County Records. Parcel 2 The S 82.5 feet of the West 165 feet of Lot 1, Wolfe Gardens being a Subdivision of part of the S W 1/4 of Section 22, T. 1 S , R 9 E , Livonia Township, (now City of Livonia) Wayne County, Michigan, as recorded in Liber 68 of Plats on Page 87, Wayne LCounty Records. as shown on the map attached to the aforesaid communication which is made a part hereof by reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. 16497 A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #679-77 RESOLVED, that having considered a communication from the Water and Sewer Board, dated May 12, 1977, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits its resolution WS 2188 477, wherein it is recommended that Section 8.1 of the Water Rate Ordinance be amended with respect to outside meter reading devices, the Council does hereby determine to refer this item to the Department of Law for the purpose of preparing the proposed Ordinance in proper form. By Councilman Nash, seconded by Councilman Brown, it was #6$0-77 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated June 14, 1977, approved by the Finance Director and approved for submission by the Mayor, with regard to the construction of three tennis courts at the Algonquin Park located in Section 23, the estimated cost of which is $26,000.00 and 50% of which will be financed by a federal grant approved by the Department of Natural Resources under the Land and Conservation Program, the Council does hereby determine to authorize the Engineering Division to proceed with the prepara- tion of plans and specifications and thereafter advertise and take bids for the construction of the said tennis courts in the manner indicated in the aforesaid communication; further, the Council does hereby appropriate the sum of $13,000.00 from the Unallocated Surplus Account to be used for the purpose of providing the City's portion of the funds required in order to finance the said construction. A. roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, it was #681-?7 RESOLVED, that having considered a communication from the Community Development Coordinator, dated June 14, 1977, approved for submission by the Mayor, with regard to three emergency grant applications which have been recommended for approval by the Rehabilitation Loan. and Grant Committee, the Council does hereby determine to approve the emergency grant applications in the following cases: Case No. 77-61, 27409 Lyndon, estimated cost of repairs $3,200.00; Case No. 77-67, 34014 Orangelawn, estimated cost of repairs $5,591.00; Case No. 77-68, 18634 Doris, estimated cost of repairs $1,200 00 and with respect to Case No. 77-56, at the request of the Community Development Coordinator, no action is taken at this time. 16498 A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was #682-77 RESOLVED, that having considered a communication from the Personnel Director, dated June 28, 1977, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on June 21, 1977 with respect to the reorganization of the Department of Public Works, wherein the following changes are recommended: 1. Eliminate the classification of General Supervisor. 2. Establish the following classifications at the salary range listed below. These classifications will replace the General Supervisor positions eliminated in Step 1 above and will be filled by the incumbents. a. Street and Forestry Supervisor b. Facility Maintenance Supervisor c. Water and Sewer Supervisor d. Park Maintenance Supervisor 3. Establish the new classification of Equipment Service Manager at the salary range listed below. Step 1 Step 1 1/2 Step 2 Step 3 Step 4 Step 5 Annual 18,241.60 18,616.00 18,990 4o 19,739.20 20,529.60 21,340.80 Biweekly 701.60 716.00 730 4o 759.20 789.60 820.80 4. Eliminate the classification of Assistant Superintendent of Operations. 5. Establish the classification of Assistant Superintendent of Public Service. This position will replace the classification of Assistant Superintendent of Operations eliminated in Stet 4 above and will be filled by the incumbent. The salary range for the new classification to be: Step 1 Step 1 1/? Step 2 Step 3 Step 4 Step 5 Annual 20,508.80 20,924.80 21,340.80 22,193.60 23,088.00 23,982.40 Biweekly 788.80 804.80 820.80 853.60 888.00 922.40 6. Eliminate the classification of Superintendent of Operations. 7. Establish the classification of Superintendent of Public Service. This position will replace the classification of Superintendent of Operations eliminated in Step 6 above and will be filled by the incumbent. Salary range for the new classification to be: 161+99 Step 1 Step 1 1/2 Step 2 Step 3 Step 11. Step 5 LAnnual 25,396.80 25,896.00 26,416.00 27,476.80 28,579.20 29,723.20 Biweekly 976.80 996.00 1,016.00 1,056.80 1,099.20 1,11+3.20 the Council does hereby determine to concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #683-77 RESOLVED, that having considered a communication from the Director of Finance, dated June 24, 1977, approved for submission by the Mayor, and to which is attached a proposed agreement between the City of Livonia and the Livonia Public Schools School District for certain computer services to be rendered to the City by the District for a monthly charge in the amount of $10,977.45, the Council does hereby authorize the Mayor and City Clerk to execute the said Agreement for and on behalf of the City of Livonia in the manner and form herein submitted. L A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was #681+-77 RESOLVED, that having considered a communication from the CETA Program Administrator, dated June 23, 1977, approved by the Finance Director and approved for submission by the Mayor, to which is attached a proposed CETA Classroom Training Contract, Contract No 70, between the City of Livonia and the Detroit Barber College, Inc. , a Michigan Corporation, the Council does hereby determine to authorize the Mayor and City Clerk to execute the said contract for and on behalf of the City of Livonia in the manner and form attached to the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, it was L #685-77 RESOLVED, that having considered a communication from the CETA Program Administrator, dated June 23, 1977, approved by the Finance Director and approved for submission by the Mayor, to which is attached a proposed CETA Classroom Training Contract, Contract No. 72, between the City of Livonia and. Edna Lang, d/b/a Livonia Business Machines Institute, the Council does hereby determine to authorize the Mayor and City Clerk to execute the said contract for and on behalf of the City of Livonia in the 16500 manner and form attached t, the aforesaid communication. P roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann NAYS: None. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was #686-77 RESOLVED, that having considered a communication from the President of the Livonia Historical Commission, dated June 24, 1977, approved :for submission by the Mayor, wherein it is recommended that the official name of the historical village located at Greenmead be designated "Livonia Historical Village at Greenmead," the Council does hereby determine to refer this item to the Department of Law for the preparation of an amend- ment to Section 5-901 of the Livonia Code of Ordinances for the purpose of implementing the aforesaid recommendation. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #687-77RESOLVED, that having considered a communication from the City Engineer, dated June 29, 1977, approved by the Director of Public Works and approved for submission by the Mayor, and which is submitted pursuant to Council Resolution No. 446-77 with respect to the installation of a chain link fence along the northerly property line of the Country Homes Estates Subdivision No. 2, between Newburgh and Levan, in conjunction with the Livonia Drain No. 41 project, the Council does hereby determine to refer this item to the School Board and City Council Joint Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Brown, it was #688-77 RESOLVED, that having considered a communication from the City Engineer, dated June 28, 1977, which bears the signature of the Finance Director and is approved by the Director of Public Works and the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed agreement between the Board of Wayne County Road Commissioners and the City of Livonia relative to the resurfacing of Middle Belt Road from Schoolcraft to Five Mile Road, the total project cost of which is estimated at $120,000.00, with the City's 1/3 share being $40,000.00, the Council does hereby authorize the Mayor and City Clerk to execute the said. Agreement for and on behalf of the City of Livonia in the manner and form herein submitted, and the Council does hereby appropriate the sum of $40,000.00 from the Motor Vehicle Highway Fund Receipts (Major Road Account) for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None 16501 By Councilman Ventura, seconded by Councilman Bennett, It was #689-77 RESOLVED, that having considered the report and recommendation from the Chairman of the Water and Sewer Board, dated July 7, 1977, whicY' transmits its resolution No. 2199 7/77, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a letter dated July 7, 1977 from Jack Doheny Supplies, Inc., the Council does hereby determine to concur in and approve of the following action: 1. Accept the sum of $20,000 as full settlement for damages to Vehicle No. 368, sustained in a fire on May 16, 1977, from Underwriters Adjusting Company (City Insurance Carrier); 2. Accept the offer of Myers-Sherman and Jack Doheny Inc. , in the amount of $27,000 trade-in value for the fire damaged machine, 3. Authorize purchase of a new Vactor Model No. 1200, meeting City of Livonia Specifications from Jack Doheny, Inc. , 777 Silver Spring Ct. , Northville, Michigan 48167, in the amount of $97,000 without competitive bidding for the reasons indicated in the aforesaid communication; such action is taken in accordance with the provisions set forth in Section 2-213 (d) (1) of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was #690-77 RESOLVED, that having considered a communication from the City Engineer, dated June 3, 1977, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communication from Greenfield Construction Company, Inc. by its President, dated May 17, 1977, wherein the aforesaid as proprietor of the proposed Laurel Park Development has requested that previously established special assessment districts for the installation of certain public improvements within the said development be terminated in order to proceed with such improvements on the basis of private financing, the Council does hereby determine to rescind the following resolutions and to proceed no further with the Special Assessment Districts previously confirmed in this regard. a. Council Resolution 410-77, adopted on April 27, 1977 for installation of storm sewers, S.A D No. 165, b. Council Resolution 411-77, adopted on April 27, 1977 for the installation of landscaping, S.A.D No. 166; c. Council Resolution 412-?7, adopted on April 27, 1977 for installation of paving, S A.D No. 167; 16502 d Council Resolution 413-77, adopted on April 27, 1977 for installation of sanitary sewers, S A D. No. 168, e. Council Resolution 414-77, adopted on April 27, 1977 for installation of water mains, S.A D No. 169. and the City Clerk, City Treasurer and City Assessor 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: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was #691-77 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated January 26, 1973, with regard to an application from Albert R. and Irma L Lemieux, Daly Restaurant, 15606 Stamford, Livonia, Michigan, for a new full year Class C license to be located at 15231 Farmington Road, Livonia, Michigan, the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request "above all others," such approval being subject to and conditioned upon compliance by the applicant with the following conditions: 1. That the license will be put to use within the City of Livonia within 2 years from the date of issuance by the Michigan Liquor Control. Commission. 2. That the license will be used at the location indicated by the applicant in accordance with plans and other communications submitted to the Council. 3. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 4. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. 5. That a police report will be submitted to the Council. In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked except the extent that the applicant may be permitted to seek modification of condition No 2 above, upon approval of such modification by the City Council based upon a showing of good cause, and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None 16503 *Councilman Nash was excused at 8 55 P M By Councilman Raymond, seconded by Councilman Bishop, it was 4692-77 RESOLVED, that having considered a communication dated February 28, 1977 from the City Planning Commission, which transmits its resolution 2-31-77 adopted on February 22, 1977, with regard to Petition 76-12-2-26, submitted by Dimitrios Gotsis and Sylvia Gotsis requesting waiver use approval to construct and operate a restaurant, on property zoned C-2, located on the east side of Middlebelt Road between Sunnydale and Broadmoor, in the Southwest 1/4 of Section 13, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 76-12-2-26 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 A roll call vote was taken on the foregoing resolution with the following result AYES. Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. *Councilman Nash returned at 8.56 P. M Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 10 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. (Petition No. 76-10-1-40 FOR CHANGE OF ZONING FROM RUFC TO P.S.) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The foregoing Ordinance was placed on the table for consideration at the Regular Meeting to be held August 17, 1977. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 13 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. (Petition No. 76-12-1-49 FOR CHANGE OF ZONING FROM RUFB TO C-2) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. 16504 The foregoing Ordinance was placed on the table for consideration at the next Lregular meeting of the Council. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #693-77 RESOLVED, that having considered a communication dated June 30, 1977 from the Department of Law transmitting for Council acceptance a Grant of Easement more particularly described as: The West 40 feet of the East 82 feet of the North 233 feet of Lot 330, Supervisor's Livonia Plat No 5, as recorded in Liber 66, Page 32, Wayne County Records, said plat being of part of the South 1/2 of the N W 1/4 of Section 13, 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 Grant 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 things necessary or incidental to fulfill the purpose of this resolution. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, i; was #694-77 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 Raymond, and unanimously adopted, it was #695-77 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council. for the month of August, 1977: Wednesday, August 17, 1977, and Wednesday, August 24, 1977. By Councilman Nash, seconded by Councilman Ventura, it was #696-77 RESOLVED, that having considered a communication from the Chairman of the Water and Sewer Board, the Public Utilities Manager, the Associate City Engineer and the City Engineer, dated July 11, 1977, approved by the Director of Public Works and approved for submission by the Mayor, wherein it is recommended that services of a Consulting Engineering Firm L be retained for the purpose of completing a Step I Facilities Planning Study for the City of Livonia in the manner described in the aforesaid communication, the Council does hereby determine to retain the services of Hubbell, Roth & Clark, Inc. , 2323 Franklin Road, Bloomfield Hills, Michigan 48013, in joint venture with Orchard, Papke, Hiltz & Mc Climent, Inc , 34935 Schoolcraft Road, Livonia, Michigan 41150, for this purpose; and the 16505 Department of Law is hereby requested to prepare an agreement with the aforesaid Engineering Firm (joint venture) for submission to Council for its approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, it was 4697-77 RESOLVED, that having considered a report and recommendation from the City Engineer, dated July 11, 1977, which bears the signatures of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, and to which is attached a copy of a letter dated July 8, 1977 from R E. Dailey & Company, Construction Manager, concurred in by Rails, Hamill Architects, Inc , the Council does hereby accept the bid of Haughton Elevator Division of Reliance Electric Company, 461 W Congress Street, Detroit, Michigan 48226, for the Phase III--Part 4 (Elevators) construction of the new Civic Center Municipal Building in the amount of $90,740.00, the same having been in fact the lowest bid received for this item and meets all specifications, and the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $90,740.00 from Federal Economic Development Administration Funds for this purpose; and the Director of Public Works is authorized to approve all minor adjustments in the work as completed, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidders 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: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. *Councilman Nash was excused at 8 59 P M By Councilman Bishop, seconded by Councilman Ventura, it was 4698-77 RESOLVED that, Rouge Valley Construction Company, 32300 Schoolcraft, Suite D-8, Livonia, Michigan 48150, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision• Brookwood West Subdivision, situated in the S W 1/4 of Section 11, City of Livonia, the said proposed preliminary plat being dated May 14, 1977; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on June 7, 1977, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated July 11, 1977; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions• 16506 (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Secticn 9-122 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; (5) That the following Cash Payments be made to the City: A Trees $ 3,090.00 B Street Name Signs 100 00 C Traffic Control Signs 300.00 D Street Light Notification Signs 100.00 E Engineering Services (General Improvement & Sidewalks) 1. Plan Review & Administration (1-1/2%) $2,628.90 2. Field Inspection(3-1/2')6,134.10 8,763 00 F Engineering Service (Grading and Soil Erosion Control) 1 Plan Review $ 50.00 2. Permit and Inspection 250 00 $ 300.00 TOTAL CASH PAYMENTS . . . . $ 12,653.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State A 1 17 16507 Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as shall be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts: A. General Improvement Bond - $180,500 00 of which at least 10,000.00 shall be in cash. B. Sidewalk Bond - $12,500.00 of which at least $2,500.00 shall be in cash. C Grading and Soil Erosion Control Bond - $2,850.00 of which at least $500.00 shall be in cash. D Monuments and Lot Markers - $1,170.00 in cash (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City ordinances; further, the Council authorizes the construction of 31-foot wide deep-strength asphalt pavements with concrete curbs and gutters in lieu of concrete pavement as required under the Plat Ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett and McCann. NAYS: None. *Councilman Nash returned at 9:00 P. M By Councilman Ventura, seconded by Councilman Raymond, it was #699-77 RESOLVED, that having considered a communication from the City Engineer, dated July 13, 1977, approved by the Director of Public Works and the Department of Law, and approved for submission by the Mayor Pro Tem, to which is attached a communication dated July 5, 1977, from the Michigan Department of State Highways and Transportation, and which transmits an original and two (2) copies of an agreement concerning a Federal Aid Urban Systems Project for Ann Arbor Trail in the cities of Livonia and Westland at a total estimated cost of $579,500, with the federal share being estimated at $405,650 and the local share being estimated at $173,850, and to which also is attached a copy of an agreement between the City of Livonia and the City of Westland wherein the estimated cost for the local share of the project is distributed $159,9x+2 to the City of Livonia and $13,908 to the City of Westland, the Council does hereby determine to approve of said project and the City's participation in the 16508 financial cost of same and for this purpose does hereby appropriate thc. sum of $159,942 from the City's Motor Vehicle Highway Funds (Major Road Account) for this purpose; further, the Mayor and City Clerk are hereby authorized to execute the agreement for the subject project in behalf of the City of Livonia; and the City Clerk and 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: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #700-77 RESOLVED, that having considered a communication dated July 13, 1977 from the City Planning Commission which transmits its resolution 7-140-77 adopted on July 12, 1977 with regard to Petition No. 77-5-3-6 submitted by McKeon, Inc. , for Janet Hartman requesting the vacating of that portion of a 6' wide easement located on Angeline Circle between Lots 74 and 75, north of Ann Arbor Trail, west of Angeline Circle in the Northwest 1/4 of Section 32, the Council does hereby determine to concur in the recommendation of the City Planning Commission and to grant and approve the said Petition No. 77-5-3-6, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. ,1 roll call vote was taken on the foregoing resolution with the following result. AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was #701-77 RESOLVED, that having considered a proposed agreement between the Municipal Building Authority and the Fordon Contracting Company, Incor- porated, 21255 Middlebelt Road, Farmington, Michigan 48024 for the construction of the moderate income senior citizens housing project located on Lyndon Road at Stark Road, commonly known as "Silver Village", which contract is in the amount of $1,630,203.00, the Council does hereby deter- mine to concur in and approve of the Municipal Building Authority executing said contract in the manner and form herein submitted, and the Municipal. Building Authority is hereby requested to do all things necessary or incidental in order to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. Immo NAYS: None. On motion of Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, this 862nd regular meeting of the Council of the City of Livonia, was duly adjourned at 9:06 P M. , July 13, 1977 ADDISON W. BACON, C TY CLERK