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HomeMy WebLinkAboutCOUNCIL MINUTES 1977-02-02 16106 MINUTES OF THE EIGHT HUNDRED FIFTY-SECOND REGULAR MEETING 111. OF THE COUNCIL OF THE CITY OF LIVONIA On February 2, 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 8.09 P. M. . Councilman Bishop 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 Frances Stem, Acting Deputy City Clerk; Jack Dodge, Director of Finance. John Nagy, City Planner G. E. Siemert, City Engineer; Frank Kerby, Chief Building Inspector; John Dufour, Superintendent of Parks and Recreation, Michael Reiser, Water and Sewer Board and John Stymelski, Allied Veterans' Commit- tee of Livonia. iwo By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was 491-77 RESOLVED, that the minutes of the 851st regular meeting of the Council of the City of Livonia, held January 19, 1977, are hereby approved The communication from the Engineering Department, dated January 11, 1977 regarding the possible closing of Beatrice, South of Five Mile Road, (CR-55+-74), was received and filed for the information of the Council. The communication from the Department of Parks and Recreation, with respect to various problems in the area of Fairway & Lyndon Avenues, (CR-1073-76) was received and filed for the information of the Council Councilman Brown took from the table for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 20 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 76-2-1-5. 16107 By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that the Council does hereby determine to table the roll call vote on proposed amendment to the Zoning Ordinance with respect to Petition No. 76-2-1-5 for further study of the Invironmental Impact Report, submitted by Schrader-Fbrter & Associates, Inc. A roll call vote was taken on the motion to table, with the following result: AYES. Ventura and Raymond. NAYS• Bishop, Bennett, Nash, Brown and McCann. The President declared the motion to table DENIED. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that the Invironmental Impact Report, furnished by Mr. L. R. Schrader with respect to Petition No. 76-2-1-5 is hereby referred to the City Planner for his report and recommendation. A roll call vote was taken on the motion to refer, with the following result: AYES: Ventura and Raymond. NAYS: Bishop, Bennett, Nash, Brown and McCann. f The President declared the motion to refer DENIED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bishop, Bennett, Nash, Brown and McCann. NAYS: Ventura and Raymond. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bishop, it was #92-77 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated December 16, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby determine to accept the following bids for supplying the City (Building Maintenance Section) with the material described at the Unit Prices Bid: a) Jomar Supply Co. , Inc. , 22510 Telegraph Road, Southfield, Michigan 48034 Unit Price No. 1696 Downy Toilet Tissue $23.18 per 100 rolls b) Wolf Sanitary Wiping Cloth Co.,Inc., 475 Wanda, Ferndale, Michigan 48220 No. 203 Fort Howard Towels (Paper) $2.49 per 1000 sheets No. 3472 Kimberly-Clark Paper Wipes 13.78 per 1000 sheets 16108 the foregoing having been in fact the lowest bids received and which meet specifications A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann NAYS- None. By Councilman Nash, seconded by Councilman Bishop, it was #93-77 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated December 16, 1976, which bears the signature of t.:a Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, theCouncil does hereby determine to accept the following bids for supplying the City (Building Maintenance Section) with the material described at the Unit Prices Bid- a) Cadillac Plastic & Chemical, 15111 Second Avenue, Detroit, Michigan 48203 Unit Price Plastic Liners No 30 $2.80 per 100 bags Plastic Liners No. 40 3 89 per 100 bags Imp Plastic Liners No. 80 13.40 per 100 bags Plastic Liners No 100 14.24 per 100 bags b) Perfection Products, Inc , 12257 Market Street, Livonia, Michigan 48150 Plastic Liners No. 65 6.75 per 100 bags the foregoing having been in fact the lowest bids received and which meet specifications A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann NAYS- None. By Councilman Nash, seconded by Councilman Brown, it was #94-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 4, 1977, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, and the attached final construc- tion estimate, dated December 14, 1976, the Council does hereby authorize Final Payment in the amount of $2450 89 to Electra Construction, Inc. , 19638 Gaylord, Detroit, Michigan 48240, which sum includes the full and complete balance due on a contract dated June 23, 1976 in the amount of 16109 $25,000, the actual contract amount completed to date being $26,045.39, in connection with the 1976 Concrete Pavement Joint and Crack Sealing lir Program (Contract 76-E), it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor's affidavit, maintenance and guarantee bond have been filed, and the Council does hereby appropriate and authorize the expenditure of the additional sum of $1045.39 from Motor Vehicle Highway Fund Receipts for this purpose• 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: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None By Councilman Bennett, seconded by Councilman Raymond, it was #95-77 RESOLVED, that having considered a communication from the Livonia Historical Commission, dated January 4, 1977, approved by the Mayor, wherein permission is requested to establish and operate a store as part of the Historical Village which store would initially be set up at the Quaker House and subsequently be moved to the store presently under renovation at Greenmead as soon as deemed possible, the Council does hereby determine to approve the said request in the manner described in the aforesaid communication further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $500 00 from the Unexpended Fund Balance Account for the purpose of establishing a budget to be used in the operation of the said store. A roll call vote was taken on the foregoing resolution with the following result• AYES• Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS• None The following resolution was unanimously introduced, supported and adopted #96-77 RESOLVED, that having considered a communication from the Parade Marshall of the Allied Veterans' Committee of Livonia, Michigan, dated January 7, 1977, with rega ff d, to the 25th Annual Memorial Day Parade and Services to be conducted on May 29, 1977 between the hours of 1.00 P. M. to 4 30 P. M., the Council does hereby grant permission to said Allied Veterans' Committee to conduct such parade by assembling on Henry Ruff Road and proceeding westerly on Five Mile Road, passing in review at Veterans Memorial Park, then proceeding south on Farmington Road to the Police Station Drive and dispersing at the Civic Center, further, the Council does hereby request the Parks and Recreation Commission, together with interested citizens, to do all things necessary in organizing and in assisting with such parade, further, the Council does hereby request that the Fblice Department extend all necessary assistance with respect to all matters under its jurisdiction which may be required or pertinent to the conduct and success of the Memorial Day activities. 16110 By Councilman Nash, seconded by Councilman Bishop, it was #97-77 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated January 7, 1977, with respect to a request from William N. Ibnder of 15624 Riverside Drive, Livonia, Michigan, for a full year Class C license to be located in Livonia, Michigan, Wayne County, the Council does hereby determine to refer the same to the Com"i5t- tee of the Whole for its consideration along with all other such applica- tions. A roll call vote was taken on the foregoing resolution with the following result AYES. Bishop, Nash, Brown, Raymond and. McCann. NAYS. *Ventura aLd Bennett. The President declared the resolution adopted. *Councilman Ventura made the following statement: NV 'no' vote is cast because I feel that the petitioner for a Class "C" License should be given the opportunity to come in and present his plans for the same. By Councilman Bishop, seconded by Councilman Raymond, it was RESOLVED, that the City Engineer having filed with the City Clerk a statement dated January 7, 1977 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and all owners of record of property subject to the proposed special assessment district having submitted in writing a "waiver of notice and proceedings" in accordance with Section 2-531 of said Code, and after careful considera- tion having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of storm sewers, sanitary sewers and water mains in public rights-of-way, paving of Loop Road and. University Drive, widening of Newburgh Road north and south of Six Mile Road, including service drive on the east side of Newburgh Road north of Six Mile Road, landscaping of the beautification easements to be granted to the City in the S. E. 1/4 of Section 7, and the N. E. 1/4 of Section 18, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such im- provement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated January 7, 1977, 16111 (4) determine that the estimated cost of such improvement is $2,264,350.00, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at lLrge, in proportions hereafter established; (6) that the proportion of the cost and expense of said im- provement to be borne and paid by the City shall be $144,900.00 and that the balance of said cost and expense of said public improvement amounting to $2,119.450.00 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows• A special assessment district located in the S.E. 1/4 of Section 7 and the N. E. 1/4 of Section 18, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as containing the following property: Bureau of Taxation Parcels 07Glal,Hla, 07G2a1; 0711a; 0712a1a, 18Alal and l8Elal. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the pro- visions of Section 2-510 of the Livonia Code of Or- dinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. 16112 By Councilman Bennett, seconded by Councilman Ventura, it was #98-77 RESOLVED, that having considered a communication from the City Engineer, dated January 7, 1977, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the proposed Laurel Park Development and the establishment of a special assessment district for the purpose of installing certain public improvements, the Council does hereby determine to refer the same to a meeting of the Commit- tee of the Whole for further consideration to be conducted on Monday, February 7, 1977, at 6:30 P. M. A roll call vote was taken on the foregoing resolution with the following result. AYES- Ventura, Bishop, Bennett, Brown and Raymond. NAYS: Nash and McCann. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #99-77 RESOLVED, that having considered a communication from the City Engineer, dated January 7, 1977, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the proposed Laurel Park Development and the establishment of a special assessment district for the purpose of instlling certain public improvements, the Council does hereby request that Greenfield Construction Company provide the City with deeds for (1) the Loop Road right-of-way, (2) additional right-of-way on Newburgh Road, 03) the University Drive right-of-way, 4) easements for the underground utilities, which will become part of the City's system and are included as part of this project, and (5) easements for the landscaping areas included in this project; it being the determination of the Council that any construction with reference to the proposed public improvements in the Laurel Park Develop- ment be deferred until such time as the deeds and easements detailed herein have been reviewed by the Engineering Division, approved as to form by the Department of Law and submitted to the City Council for its acceptance. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #100-77 RESOLVED, that having conlidered a communication from J-M Data Service, Inc. , 30633 Schoolcraft Road, Livonia, Michigan, dated January 12, 1977, wherein a request is submitted for the construction of a storm sewer as part of the proposed Livonia Drain No. 36 in order to service certain properties located on Schoolcraft in this immediate area, the Council does hereby determine to refer the same to the Engineering Division for its report and recommendation. 16113 By Councilman Brown, seconded by Councilman Raymond, it was #101-77 RESOLVED, that having considered a communication from the Mayor, dated January 12, 1977, to which is attached a communication from Mrs. Edith F. Allen, dated January 4, 1977, wherein Mrs. Allen has offered to donate the building located at 15645 Farmington Road in Livonia, commonly referred to as the "Kingsley House, " for the purpose of having the same moved to the Historical Village at Greenmead and wherein Mrs. Allen has also offered to donate $1,000.00 cash to help defray moving costs, which offer is made subject to compliance with the following conditions• 1) that the City bear the cost involved in the restoration and grading of the land at 15645 Farmington Road following removal of the house, including the removal of the basement walls acid appurtenances, 2) that a pro rata reimbursement be made on taxes pertaining to the building, and 3) that the building be moved on and after June 1, 1977, the Council does hereby determine, for and on behalf of the City of Livonia, to accept the gift and donation of the Kingsley House and the $1,000.00 cash based upon the conditions detailed above, further, the Council appropriates and authorizes a sum not to exceed $214.75 from the Unexpended Fund Balance Account for the purpose of prorating the current taxes applicable to the subject building, further, the Council requests that the Chief Building Inspector and the Historic Preservation Commis- sion do all things necessary in accordance with the provisions set forth in Sections 2-2407 and 2-2409 of the Livonia Code of Ordinances in order to authorize the moving of the subject structure to the Historical Village at Greenmead, further, the Council does hereby request that the Director of Public Works submit his report and recommendation relative to the steps required in the removal of the subject house, including the removal of basement walls and appurtenances, and the Council does hereby take this means to express its sincere appreciation to Mrs. Edith F. Allen for this most generous and thoughtful gift to the City of Livonia and its citizens. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. The communication dated January 7, 1977 from the Attorneys for Detroit Federal Savings and Loan Association, with respect to the property located at Middlebelt and West Chicago, and known as the "Wilson Parcel" was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Ventura, it was 16114 RESOLVED, that having considered a communication dated December 8, 1976 from the City Planning Commission, which transmits its resolution 11-236-76 adopted on November 23, 1976 with regard to Petition 76-5-2-7, submitted by the Livonia Trade Center requesting waiver use approval to construct a restaurant on property located on the south side of Eight Mile Road between Middlebelt Road and Brentwood in the Northwest 1/4 of Section 1, the Council does hereby determine to concur in the recommenda- tion made by the City Planning Commission and Petition 76-5-2-7 is hereby approved and granted, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Plan- ning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Brown and McCann. NAYS: Bishop, Bennett, Nash and Raymond. The President declared the resolution DENIED. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was ***** #102-77 RESOLVED, that having considered a communication dated December 8, 1976 from the City Planning Commission, which transmits its resolution 11-236-76 adopted on November 23, 1976 with regard to Petition 76-5-2-7, submitted by the Livonia Trade Center requesting waiver use approval to construct a restaurant on property located on the south side of Eight Mile Road between Middlebelt Road and Brentwood in the Northwest 1/4 of Section 1, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration. **** In view of the adoption of Council Resolution #104-77, the action taken in Council Resolution #102-77 is moot and appears to require no further action. By Councilman Raymond, geconcied by Councilman Ventura, it was #103-77 RESOLVED, the Council does hereby determine to reconsider its action taken earlier in this meeting with respect to Petition #76-5-2-7 of Livonia Trade Center to construct restaurant in Section 1. A roll call vote was taken on the motion to reconsider with the following result• AYES: Ventura, Brown, Raymond and McCann. NAYS: Bishop, Bennett and Nash. The President declared the motion to reconsider, adopted. A roll call vote was taken on the resolution to approve Petition No. 76-5-2-7 as follows: 16115 #104-77 RESOLVED, that having considered a communication dated December 8, 1976 from the City Planning Commission, which transmits its resolution 11-236-76 adopted on November 23, 1976 with regard to Petition 76-5-2-7 , submitted by the Livonia Trade Center requesting waiver use approval to construct a restaurant on the south side of Eight Mile Road between Middlebelt Road and Brentwood in the Northwest 1/4 of Section 1, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 76-5-2-7 is hereby approved and granted, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission. with the following result AYES: Ventura, Brown, Raymond and McCann. NAYS. Bishop, Bennett and Nash. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication dated December 8, 1976 from the City Planning Commission, which transmits its resolution 11-236-76 adopted on November 28, 1976 with regard to Petition 76-5-2-7, submitted by the Livonia Trade Center requesting waiver use approval to construct a restaurant on property on Eight Mile Road between Middlebelt L and Brentwood in Section 1, the Council does hereby refer this matter to the Committee of the Whole A roll call vote was taken on the foregoing resolution with the following result AYES: Bishop, Bennett and Nash. NAYS• Ventura, Brown, Raymond and McCann. The President declared the resolution DENIED. By Councilman Nash, seconded by Councilman Bishop, it was #105-77 RESOLVED, that having considered a communication dated December 28, 1976 from the City Planning Commission, which transmits its resolution 12-246-76 adopted on December 7, 1976 with regard to Petition 76-10-2-19, submitted by Apostolic Christian Church requesting waiver use approval to construct a church on the south side of Wentworth, west of Middlebelt Road in the Southeast 1/4 of Section 14, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 76-10-2-19 is hereby approved and granted, such approval to be based upon the same conditions as those which are set forth in the afore- said recommendation of the Planning Commission. LA roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. 16116 By Councilman Nash, seconded by Councilman Brown, it was #106-77 RESOLVED, that having considered a communication dated January 4, 1977 from the City Planning Commission, which transmits its resolution 12-250-76 adopted on December 7, 1976 with regard to Petition 76-11-2-22, submitted by Arby's, Inc. requesting waiver use approval to remodel an existing restaurant located on the east side of Middlebelt Road, south of Dardenella, in the Northwest 1/4 of Section 12, the Council does hereby determine to concur in the recommendation made by the City Planning Com- mission and Petition 76-11-2-22 is hereby approved and granted, such approval to be based upon the same conditions as those which 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: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #107-77 RESOLVED, that the Council does hereby request that the Legislative Committee submit a report and recommendation regarding the feasibility of enacting an ordinance to control the location of bottled gas containers. By Councilman Nash, seconded by Councilman Ventura, it was #108-77 RESOLVED, that having considered a communication from the City Planning Commission, dated January 7, 1977, which transmits its resolution 12-266-76 adopted on December 21, 1976 with regard to Petition 76-12-8-30 submitted by Donald J. Summers, requesting site plan approval in connec- tion with a proposal to construct a medical office complex on the north side of Schoolcraft between Merriman and Hubbard in Section 23, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby determine to concur in the recommendation of the Planning Commission and Petition 76-12-8-30 is hereby approved and granted, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Com- mission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: Raymond. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was 16117 #109-77 RESOLVED, that having considered a communication dated October 25, 1976 from the City Planning Commission which sets forth its resolution 10-193-76 with regard to Petition 76-8-1-30 submitted by Eugene Plaice for a change of zoning on property located on the west side of Mayfield, north of Five Mile Road, in the Southwest 1/4 of Section 15, from R-1 to P, and the Council having conducted a public hearing with regard to this matter on January 3, 1977, pursuant to Council Resolution 960-76, the Council does hereby determine to refer this item to the Committee of the Whole for further consideration. By Councilman Nash, seconded by Councilman Brown, it was #110-77 RESOLVED, that having considered a communication from the Person- nel Director, dated December 15, 1976, approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Com- mission on December 2, 1976, wherein it is recommended that a classifica - tion of Coordinator of Senior Citizens Activities be established with a salary range as follows : Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Step 5 $13,873.60 $14,164.80 $14,414.40 $15,059.20 $15,662.40 $16,286.40 and, that a cost-of-living allowance be added to the said rates of $707.20 annually, and that the classification of Supervisor of Senior Citizens Activities be abolished, 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: Ventura, Bishop, Bennett, Nash, Brown, Raymond, and McCann. NAYS. None. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #111-77 RESOLVED, that having considered a communication from the Depart- ment of Law, dated January 7, 1977, and submitted pursuant to Council Resolution 1081-76, and which transmits certain amendments to the Livonia Code of Ordinances for the purpose of updating the Traffic Ordinance so as to have the same in compliance with the Michigan Motor Vehicle Code, the Council does hereby determine to refer this item to the Legislative Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #112-77 RESOLVED, that having considered a communication from the Depart- ment of Law, dated January 10, 1977, and submitted pursuant to Council 16118 Resolution 99776, with regard to the proposed vacating of Outlets "C" L and "D" in Stark Gardens Subdivision, the Council does hereby request that the Department of Law do a title search in order to determine the ownership of the subject outlots, further, the Department of Law is requested to determine the feasibility of obtaining Title Insurance policies guaranteeing good and valid title in the event the City were to convey the subject outlots to the abutting property owners by Quit Claim Deed, the cost of which policies would be borne by said abutting property owners, and in this regard, the Department of Law is requested to submit its report and recommendation. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 9 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 76-7-1-28 FOR CHANGE OF ZONING FROM RUFB TO R-3. 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. L The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bishop gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 23.07 OF ARTICLE XXIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition No. 76-6-6-2) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Brown gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 10.02 AND 10.03 OF ARTICLE X AND SECTION 11.03 L OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition 76-8-6-10) 16119 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Bennett, seconded by Councilman Ventura, it was #113-77 RESOLVED, that having considered a communication from the City Planning Commission, dated (June 17, 1976, which sets forth its resolution 6-86-76 with regard to Petition 76-4-1-17, submitted by the City Planning Commission pursuant to Council Resolution 167-76, for a change of zoning on property located on the south side of Six Mile Road, between Merriman and Middlebelt Roads, in the N. W. 1/4 of Section 14, from C-1 to P, and the Council having conducted a public hearing in regard to this matter on September 13, 1976 pursuant to Council Resolution 598-76, the Council does hereby determine, pursuant to Section 23.01(a) of the Livonia Zon..ord. to refer this item on its own motion back to the City Planning Commission for the purpose of conducting a new public hearing on the question of whether or not the subject property should be rezoned from the C-1 Zoning classification to the RUF Zoning classification, and requests that there- after the Planning Commission submit its report and recommendation to Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #114-77 RESOLVED, that having considered a communication dated November 23, 1976 from the City Planning Commission which sets forth its resolution 11-217-76 with regard to Petition 76-9-1-31, submitted by Dale Investment Company for a change of zoning on property located on the east side of Middlebelt between Clarita and Pickford in the Northwest 1/4 of Section 12, from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on January 17, 1977, pursuant to Council Resolution 1084-76, the Council does hereby determine to refer this item to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bishop, Nash, Brown, Raymond and McCann. NAYS: Bennett. L The President declared the resolution. By Councilman Raymond, seconded by Councilman Nash, it-was 16120 #115-77 RESOLVED, that having considered a communication dated November 23, 1976 from the City Planning Commission which sets forth its resolution 11-218-76 with regard to Petition 76-9-1-32, submitted by Helen A. Lord for a change of zoning on property located on the east side of Stark Road, north of Richland in the Northeast 1/4 of Section 33, from RUF to R-1, and, the Council having conducted a public hearing with regard to this matter on January 17, 1977, pursuant to Council Resolution 1084-76, the Council does hereby concur in the recommendation of the Planning Commis- sion and the said Petition 76-9-1-32 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended,in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #116-77 RESOLVED, that having considered a communication dated November 23, 1976 from the City Planning Commission which sets forth its resolution 11-219-76 with regard to Petition 76-10-1-39, submitted by Diehl & Diehl, Architects, for St. Edith Parish, for a change of zoning on property located south of Five Mile Road between Blue Skies and. Newburgh Road in the Northeast 1/4 of Section 19, from R-1 to R-6, and the Council having conducted a public hearing with regard to this matter on January 17, 1977, pursuant to Council Resolution 1084-76, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 76-10-1-39 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publica- tion to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS* None. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #117-77 RESOLVED, that having considered a communication dated November 23, 1976 from the City Planning Commission which sets forth its resolution 11-220-76 with regard to Petition 76-10-1-40 submitted by R. Ajluni, M.D. 16121 for a change of zoning on property located south of Curtis and east of Farmington Road in the Southwest 1/4 of Section 10, from RUFC to P.S., and the Council having conducted a public hearing with regard to this matter on January 17, 1977, pursuant to Council Resolution 1084-76, the Council does hereby determine to refer this item to the Study Session to be conducted on February 7, 1977, for further consideration. By Councilman Ventura, seconded by Councilman Raymond, it was #118-77 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 18, 1976, and the report and recommendation from the Acting Chief of Police, dated January 24, 1977 in connection therewith, the Council does hereby determine that it has no objection to approval of the request from Harry Smaller for a new SDM License to be located at 28350 Joy Road, Livonia, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolu- tion to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Nash, Brown, Raymond and McCann. NAYS: Bishop and Bennett. The President declared the resolution adopted. lowBy Councilman Nash, seconded by Councilman Brown, it was unanimously adopted #119-77 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 March, 1977 Wednesday, March 2, 1977, and Wednesday, March 16, 1977. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #120-77 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 Brown, seconded by Councilman Ventura, it was #121-77 RESOLVED, that having considered a communication from the Mayor, dated January 19, 1977, to which is attached a communication from Pastor John W. Cossin wherein Pastor Cossin has offered in behalf of the Lords House to donate to the City of Livonia the building known as "The Old Newburgh Methodist Church;', based upon the condition that this building 16122 be moved from its present location no later than April 1, 1977, the Council does hereby determine, for and on behalf of the City of Livonia, to accept the gift and donation of the Old Newburgh Church based upon the aforesaid condition, further, the Council requests that the Chief Building Inspector and the Historic Preservation Commission do all things necessary in accordance with the provisions set forth in Sections 2-2407 and 2-2409 of the Livonia Code of Ordinances in order to authorize the moving of the said church to the Historical Village at Greenmead; further, the Council does hereby request that the Director of Public Works submit his report and recommendation with respect to the moving of the aforesaid structure to Greenmead; further, the Council requests that the Historical Preserva- tion Commission submit its report and recommendation with regard to the proposed gift of the parsonage, and the Council does hereby take this means to express its sincere appreciation to the Lords House for this most generous and thoughtful gift to the City of Livonia and its citizens. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Ventura, it was #122-77 RESOLVED, that having considered a communication from the City Assessor, dated January 21, 1977, approved for submission by the Mayor Pro Tem, and in accordance with Chapter VIII Section 6, of the Charter of the City of Livonia, the Council does hereby determine that the Board of Review shall convene for its First and. Second Sessions in 1977 on the following dates. FIRST SESSION Tuesday March 8, 1977 9.00 a.m. - 12 30 p.m. 1.30 p.m. - 4:30 p. m. Wednesday March 9, 1977 9:30 12.30 1:30 4:30 Thursday March 10, 1977 9:30 12:30 1.30 4:30 Friday March 11, 1977 9:30 12 .30 1:30 4:30 SECOND SESSION Monday March 14, 1977 9.00 a.m. - 12.30 p. m. 3.00 p. m. - 9:00 p. m. Wednesday March 16, 1977 9:30 12.30 1.30 4.30 Friday March 18, 1977 9:30 12 30 1:30 4:30 Monday March 21, 1977 3 00 9.00 Wednesday March 23, 1977 9 30 12.30 1:30 4:30 Thursday March 24, 1977 9.30 12 30 1.30 4 30 Friday March 25, 1977 9 30 12 30 1 30 4.30 Monday March 28, 1977 3 00 9.00 Wednesday Thursday March 30, 1977 9.30 12 30 1 30 4 30 March 31, 1977 9:30 12 30 1 30 4 30 L. Friday April 1, 1977 9 30 12:30 1.30 4 30 Saturday April 2, 1977 9:30 2.00 Monday April 4, 1977 9.30 12:30 3.00 9 00 16123 further, the Council does hereby determine that the daily rate of compen- sation to be paid to the members of the Board of Review shall be in the amount of $75.00 for the Chairman and $60.00 for other members. A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None. By Councilman Nash, seconded by Councilman Brown, it was #123-77 RESOLVED, that having considered a communication from the Director of Finanr.e, dated January 25, 1977, approved for submission by the Mayor Pro Tem, to which are attached invoices for professional services rendered by George T. Roumell, Jr. for the periods June 30 through November 12, 1976 and November 12, 1976 through December 31, 1976, inclusive, in connection with labor relations matters, in the total amount of $19,250.00, the Council does hereby determine to authorize payment of the same; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full per: formance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: 'ow AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #124-77 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 31, 1977, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the Argonne Subdivision Special Assessment Road Improvement Project located in the N.E. 1/4 of Section 1, in the City of Livonia, Wayne County, Michigan, and Special Assessment District No. 154 in connection therewith, and in view of the fact that based upon bid prices received it appears that the actual cost of this project will be substantially less than the costs previously estimated, the Council does hereby determine to amend and revise Council Resolution 542-76 adopted on June 23, 1976, and as subsequently amended by Council Resolution 1025-76 adopted on November 23, 1976, so as to establish that the special assessments against lots or parcels of land located in Special Assessment District No. 154 shall be in the amount of $383,700.62 (50%) (a reduction to $17.21 per front foot--front streets plus side streets), with the City's share to be in the amount of $115,110.18 (l5%)and Community Development Funds to be used for this project to be in the amount of $268,590.43 (35%), and the City Assessor and the City Treasurer are hereby requested to do all things necessary to revise the roll of Special Assessment District No. 154 to reflect the new special assessment rate herein authorized as well as to do all things as may be necessary or incidental to the full performance of this resolution. 16124 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #125-77 RESOLVED, that having considered a communication from the Kimberly Oaks Civic Association, dated February 1, 1977, with regard to its application to the State of Michigan, Bureau of State Lottery, for a Millionaire Party Operator's license, the Council does hereby determine to take this means to indicate that the said organization as of this time does qualify as a recognized non-profit organization in the community, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #126-77 RESOLVED, that having considered a communication from the City Treasurer, dated February 1, 1977, the Council does hereby determine that the final day for the payment of 1976 taxes without penalty is hereby extended from February 14, 1977 up to and until 5:00 P. M., February 28, 1977. *Councilman Nash was excused at 9.20 p. m. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #127-77 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, March 14, 1977 at 8.00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item• Petition 76-12-1-45, submitted by Rouge Valley Construction Company, for a change of zoning of property located on the east side of Merriman between Bobrich and Bennett in the Southwest 1/4 of Section 11, from RUF and R-5 to R-2, the City Planning Commission having in its resolution 1-21-77 recommended to the City Council that Petition 76-12-1-45 be approved; further, the City Clerk is hereby requested to, no less that fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the 16125 (a) nature of the proposed amendment to the Zoning Ordinance, and (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full per- formance of this resolution. *Councilman Nash returned at 9:21 p. m. By Councilman Raymond, seconded by Councilman Ventura, and unanimously opted, it was #128-77 RESOLVED, that having considered the proposed Water and Sewer Budget for the fiscal year beginning March 1, 1977 through February 28, 1978, transmitted by the Water and Sewer Board under date of January 25, 1977, the Council does hereby determine to refer the same to the Water and Sewer Committee for its repprt and recommendation. By Councilman Ventura, seconded by Councilman Bishop, it was #129-77 RESOLVED, that having considered a communication from the Personnel Director, dated February 2, 1977, which bears the signature of the Finance Director and which is approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission on February 1, 1977, wherein the Commission recommends that the Council concur in a proposed three (3) year contract to be entered into by and between the City of Livonia and Union Local 192, affiliated with Council 23, American Federation of State, County and Municipal Employees, and wherein a resolution of the Civil Service Commission does recommend that the Council concur in adopting the necessary amendments to the Compensa- tion Plan, the Retirement Ordinance, Group Weekly Indemnity Insurance and the Finance Ordinance so as to effectuate the provisions set forth in the aforesaid agreement, the Council does hereby approve of and concur in the aforesaid action, and the Mayor and City Clerk are hereby directed to affix their signature to the aforesaid contract for and in 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: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS: None. 16126 Councilman Bennett gave first reading to the following Ordinance: L AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA, AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE. PETITION NO. 75-6-1-16 FOR CHANGE OF ZONING FROM RUFA TO R-1. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA, AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING L SECTION 3. THERETO. RE: PETITION NO. 75-7-1-23 FOR CHANGE OF ZONING FROM RUF TO R-1. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. On motion of Councilman Bishop, seconded by Councilman Nash, and unanimously adopted, this 852nd Regular Meeting of the Council of the City of Livon- ia was duly adjourned at 9:21 P. M., February 2, 1977. (77)- ADDISON W. , CI 4 CLERK. L