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HomeMy WebLinkAboutCOUNCIL MINUTES 1975-10-08 1522" MINUTES OF THE EIGHT HUNDRED AND NINETEENTH REGULAR i,IEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 8, 1975, 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 8.20 P. M. Councilman Raymond delivered the invocation. Roll was called with the following result Present--Robert F. Nash, Robert R. Bishop, Peter A. Ventura, Jerry Raymond, Jerry H. Brown and Robert E. McCann. Absent--Robert D. Bennett (Excused-Out of Town on Bell Telephone Company Business). Elected and appointed officials present Addison W. Bacon, City Clerk, Harry C Tatitigan, City Attorney, Jack Dodge, Finance Director; H. Patrick O'Neill, Director of Civil Defense, Robert E. Osborn, Director of Public Works, John Nagy, City Planner, G. E. Siemert, City Engineer, Robert Turner, Police Chief, John Bunk, Police Chief, Thomas J. Griffiths, Jr., Chief Accountant, and Stanley Bien, Chief Librarian By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was 4813-75 RESOLVED, that the minutes of the 818th regular meeting of the Council of the City of Livonia, held September 24, 1975, are hereby approved. The following preamble and resolution were offered by Councilman Ventura and supported by Councilman Raymond 4814-75 WHEREAS, October 8, 1975, at 8 00 o'clock p m , Eastern Daylight Time, has been set as the date and time for opening bids for the purchase of $750,000.00 - 1975 Special Assessment Bonds, of the City of Livonia, County of Wayne, Michigan, AND WHEREAS, said bids have been publicly opened and read; AND WHEREAS, the following bids have been received, BIDDER MATURITY INTEREST RATE PREMIUM National Bank of Detroit 1976-1980 6.75% -0- Detroit, Michigan 1981-1982 6.00 1983 6.15 1984 6 3o 1985 6.5o 15229 Net Interest Cost $233,671.90 Effective Net Interest Rate 6.336865 Detroit Bank & Trust Co. 1976 5.00% -0- Detroit, Michigan 1977-1979 7.5o 1980 6.25 1981 5.8o 1982 6.00 1983 6.2o 1984 6.4o 1985 6.6o Net Interest Cost $236,191.62 Effective Net Interest Rate 6.405170 Northern Trust Company 1976-85 6.50% $1,309.00 Chicago, Illinois Net Interest Cost $238,378.50 Effective Net Interest Rate 6.46450 Community Bank 1976-1979 8.00% -0- Bad Axe, Michigan 1980 7.00 1981 5.90 1982 6.10 1983 6.3o 1984 6 50 1985 6.7o Net Interest Cost $244,337.50 Effective Net Interest Rate 6,6261 AND WHEREAS, the bid of National Bank of Detroit, Detroit, Michi- gan has been determined to produce the lowest interest cost to the City, NOW, THEREFORE, BE IT RESOLVED THAT 1. The bid of National Bank of Detroit, Detroit, Michigan, as above stated, be and the same is hereby accepted. 2. Checks of the unsuccessful bidders be returned to each bidder's representative or by registered mail. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. 15230' LThe following preamble and resolution were offered by Councilman Ventura and supported by Councilman McCann; #815-75 WHEREAS, October 8, 1975, at 7 00 o'clock p. m., Eastern Daylight Time, has been set as the date and time for opening bids for the purchase of $1,210,000.00 - 1975 Motor Vehicle Highway Fund Bonds, of the City of Livonia, County of Wayne, Michigan, AND WHEREAS, said bids have been publicly opened and read, AND WHEREAS, the following bids have been received, BIDDER MATURITY INTEREST RATE PREMIUM Northern Trust Co.and 1976-1981 7.25% $49.00 Associates 1982 6.50 Chicago, Illinois 1983 6.00 1984 6.20 1985 6.4o 1986 6.6o 1987 6.8o 1988 7.00 1989 7.10 1990 7.25 Net Interest Cost $722,696 85 Effective Net Interest Rate 6.79758 Det. Bank & Trust Co. 1976-1980 8.00% -0- Detroit, Michigan 1981 7.10 1982 6.00 1983 6.2o 1984 6.4o 1985 6.6o 1986 6.8o 1987 7.00 1988 7.15 1989 7.3o 1990 7.4o Net Interest Cost $741,908.33 Effective Net Interest Rate 6.978288 Community Bank 1976-1979 8.00% -0- Bad Axe, Michigan 1980-1986 7.00 1987-1990 7.10 Net Interest Cost $753,745.65 Effective Net Interest Rate 7.08936 National Bank of Det. 1976-1982 8 00% -o- Detroit, Michigan 1983-1984 7.00 1985 6.50 1986 6 7o 1987 6 90 1988 7 10 1989 7.3o 1990 7.5o Net Interest Cost +7614,700.02 15. 1 Effective Net Interest R-te 7.192664 L AND WHEREAS, the bid of Northern Trust Company & Asscciates, Chicago, Illinois has been determined to produce the lowest interest cost to the City, NOW, THEREFORE, BE IT RESOLVED THAT: 1. The bid, of Northern Trust Company & Associates, Chicago, Illinois, as above stated, be and the same is hereby accepted. 2. Checks of the unsuccessful bidders be returned to each bidder's representative or by registered mail. 3 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS: None. The communications from the Michigan Municipal League , dated September 30, L1975 with respect to presenting to the State Department of the Management and Budget the fiscal and legislative needs of the cities and villages of the State for consider- ation in the Governor's proposed budget for 1976-77, was received and filed for the information of the Council. The communication from the Mayor, dated September 25, 1975, transmitting a request from the City of Highland Park, asking for Livonia's participation in oppos- ing the Detroit Edison rate increase, was received and filed for the information of the Council. Councilman Ventura took from the table for second reading and adoption the following Ordinance AN ORDINANCE AMENDING SECTION 30 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 LTHERETO. RE PETITION NO. 75-2-1-5 FOR CHANGE OF ZONING FROM RUF TO P A roll call, vote was taken on the foregoing Ordinance with the following result: AYES Raymond, Brown, McCann, Bishop, Ventura and. Nash. NAYS: None. 15232 `ho President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table for second reading and adoption 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 THERETO. RE PETITION NO. 75-2-1-7 FOR CHANGE OF ZONING FROM RUF TO C-1. A roll call vote was taken on the foregoing resolution with the following result AYES. Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS. None. The President declared the foregoing Ordinance duly adopted, and would become Leffective on publication. Councilman Ventura took from the table for second reading and adoption 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 THERETO. RE PETITION NO. 75-2-1-8 FOR CHANGE OF ZONING FROM RUF TO R-l. A roll call vote was taken on the foregoing Ordinance with the following result AYES• Brown, McCann, Bishop, Ventura and Nash NAYS Raymond. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. L Councilman Brown took from the table for second reading and adoption the following Ordinance 15238 AN ORDINANCE AMENDING SECTION 27 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 THERETO. RE PETITION NO. 75-3-1-9 FOR CHANGE OF ZONING FROM M-1 TO M-2. A roll call vote was taken on the foregoing resolution with the following result AYES. Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS. None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Bishop, seconded by Councilman Brown, it was #816-75 RESOLVED, that having considered a communication from the Acting Chief and the Director of Public Safety-Police dated August 13, 1975, which bears the signature of the Director of Finance, and is approved for submis- sion by the Mayor, the Council does hereby authorize the transfer of the sum of $5,000 from Account No. 325-702 (Salaries) to Account No. 304-728 (Office Supply), the action taken herein being for the reasons indicated in the aforesaid communication A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS. None. By Councilman McCann, seconded by Councilman Bishop, it was #817-75 RESOLVED, that having considered a communication from the Chief Inspector, Director of Public Works, and the Director ofFinance dated September 11, 1975, approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $1,300.00 from Account No. 205-525-702.000.000 (Salaries and Wages) to Account No. 205-525-861.010.000 (Auto Expense--Employees), the action taken herein being for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result AYES. Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. By Councilman McCann, seconded by Councilman Brown, it was 15234 #818-75 RESOLVED, that having considered a communication from the City Engineer dated September 15, 1975, 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 authorize the Detroit Edison Company to relocate six (6) existing Street Light Poles in connection with the Six Mile Road Paving Program at the following locations Six Mile Road Location Cost to Relocate 1. Whitby (street light & traffic signal $ 1,068.00 pole--Stevenson High School) 2 350 ft. west of Bell Creek Lane (church drive) 3 Bell Creek Lane (intersection) 4. Loveland (intersection) 2,214.00 5. Mayfield (wood pole - north intersection) 6. Fairfield (wood pole - north intersection) 1,049.00 TOTAL $ 4,331.00 and for this purpose the Council appropriates and authorizes an 'expenditure of a sum not to exceed $4,331.00 from the City's Motor Vehicle Highway Fund (Major Road Account), and the City Clerk and City Treasurer are hereby Lrequested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. By Councilman Brown, seconded by Councilman McCann, it was #819-75 RESOLVED, that having considered a communication from the City Engineer and the Superintendent of Parks and Recreation dated September 5, 1975, approved by the Director of Public Works, and approved for submission by the Mayor, in connection with the completion of berms and the reseeding of certain portions of Shelden Park, the Council does hereby determine to revise and amend Council Resolution No 427-75, adopted on May 21, 1975, to the extent that the same appropriated a sum not to exceed $1,500 00 to be paid to the Canzano Contracting Corporation for labor costs, and to provide in lieu thereof that said sum of $1,500 00 shall be transferred to Account No 101-704-775 (Parks and Recreation Materials Account) to be used for the development of the Shelden Park, the action taken herein being for the reasons indicated in the aforesaid communication. L A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Brown, McCann, Bishop, Ventura and Nash NAYS• None. L15235 By Councilman Ventura, seconded by Councilman Bishop, it was #820-75 RESOLVED, that having considered a communication from the City Treasurer dated September 24, 1975, the Council does hereby determine to authorize the Office of the City Treasurer to lease two Burroughs Transaction Recorders for the sum of $168.00 per month from the Burroughs Corporation, commencing December 1, 1975, further, the Council does hereby determine to authorize the said contract without competitive bidding for the reasons indicated in the aforesaid communication, such action being taken in accordance with the provisions set forth in Section 2-213(d)(4) and (5) of the Livonia Code of Ordinances (Financial Ordinance). A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. By Councilman McCann, seconded by Councilman Brown, it was #821-75 RESOLVED, that having considered a communication from the City Treasurer dated September 24, 1975, with respect to the banking service provided to the City by the Brinks Company, Inc., the Council does hereby appropriate and authorize the transfer of the sum of $1,038.00 from the Unexpended Fund Balance Account to Account No. 253-810 (Banking Service). A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #822-75 RESOLVED, that having considered a communication from the Parade Marshall of the Allied Veterans' Committee of Livonia, Michigan, with regard to the 24th Annual Memorial Day Parade and Services to be conducted on May 30, 1976, and particularly the proposed new route of same, the Council does hereby request that the Mayor submit his report and recommenda- tion with respect to this item. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #823-75 RESOLVED, that having considered a communication from the Mayor dated. August 27, 1975, which bears the signature of the Director of Finance, with respect to the funding of the Memorial Day Parade, the Council does hereby determine to refer the same to the Finance and. Insur- ance Committee for its report and recommendation. 15236 The Financial Statements, transmitted by the Director of Finance under date of September 19, 1975, for various accounts for the period ending August 31, 1975, was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman McCann, it was #824-75 RESOLVED, that having considered the report and recommendation of the City Engineer dated August 11, 1975, approved by the Director of Public Works and the Chairman of the Water and Sewer Board, and approved for sub- mission by the Mayor, and the attached final construction estimate dated August 11, 1975, the Council does hereby authorize Final Payment in the amount of $7,418.89 to the Oak Park Excavating Company, 21410 Coolidge, Oak Park, Michigan, which sum includes the full and complete balance due on a contract dated August 3, 1973 in the amount of $180,987.30 in connection with the 1973 Miscellaneous Water Main Improvement Program, and also the sum of $11,453.75 for additional work performed by the aforesaid company, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifica- tions, and that the necessary contractor's affidavit, maintenance and guarantee bonds have been filed, and for this purpose the Council does hereby appropriate an amount not to exceed $10,938.89 from the Water Department Capital Outlay Account, which amount may in part be reimbursed from the Schoolcraft Community College and Special Assessment District No.121, and the Department of Finance is hereby requested to submit a final bill for payment to the Schoolcraft Community College in the amount of $49,767 17, which sum represents the actual construction costs that the said college is obligated to bear by contract with respect to this project, 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 Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. By Councilman Bishop, seconded by Councilman Raymond, it was #825-75 RESOLVED, that having considered the report and recommendation of the City Engineer dated September 5, 1975, approved by the Director of Public Works and the Chairman of the Water and Sewer Board, and approved for submission by the Mayor, and the attached final construction estimate dated August 27, 1975, the Council does hereby authorize Final Payment in the amount of $21,999.39 to Ameron Pipe Lining Division, Inc., P. 0. Box 67, Kenilworth, New Jersey 07033, which sum includes the full and complete balance due on a contract dated August 30, 1974 in an amount of $272,250 00, the actual contract amount completed to date being $274,992.44, it appear- ing 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 City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 15237 L A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. By Councilman McCann, seconded by Councilman Raymond, and unanimously adopted, it was #826-75 RESOLVED, that having considered a communication from Thomas and Pearl Mauthner, 17309 Doris Lane, Livonia, Michigan 48152 dated September 19, 1975, with regard to a storm drainage problem on their property, the Council does hereby determine to refer the same to the Engineering Division for its report and recommendation. By Councilman McCann, seconded by Councilman Brown, it was #$27-75 WHEREAS, the City of Livonia, Michigan, (herein called the "Borrower" and/or the "Local Governing Body") acting by and through the Livonia Housing Commission, (herein called the "Local Authority") proposes (1) to enter into an amendment to the existing Annual Contributions Contract (Herein called the "Amendment") with the United States of America (herein called the "Government"), and (2) to authorize the issuance of its notes as evidence of advances to be made to the Local Authority pursuant L to the Contract, as amended, all with respect to any "Project" as defined in the Contract, as amended, and which at any time now or hereafter is incorporated under the terms of such Contract, as amended. BE IT RESOLVED AS FOLLOWS Section 1. The Amendment to the Annual Contributions Contract is hereby approved and accepted and the President or Vice President is hereby authorized and directed to execute three counterparts of the Amendment on behalf of the Local Authority, and the Clerk of the Local Governing Body is hereby authorized to impress and attest the official seal of the Local Governing Body of each such counterpart and to forward such executed counterparts, or any of them, to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The President or Vice-President or Director of the Housing Commission is hereby authorized to file with the Government from time to time, as monies are required, requisitions together with the neces- sary supporting documents requesting advances to be made on account of the loan provided in the Contract, as amended, and the proper officers of the Borrower shall prepare, execute and deliver to the Government Notes herein- after authorized and shall accept payment therefor from the Government in cash and/or exchange for other Notes of the Borrower, and such persons are authorized to do and perform all other things and acts required to be done L or performed in order to obtain such advances. Cash proceeds from the sale of all Notes shall be deposited and disbursed only in accordance with the provisions of the Contract, as amended 15238 Section 3. (A) In order to provide monies to finance the Develop- ment Cost of each Project and to refund, renew, extend or substitute for any Project Loan Notes (in the Contract called "Advance Notes" or Permanent Notes") by this Resolution authorized to be issued (or any such Notes by any other resolution authorized to be issued and which are outstanding, or on deposit for delivery pending payment therefor, as of the date this Resolution becomes effective), or for any Project Notes (in the Contract called "Temporary Notes") issued by the Borrower in anticipation of the delivery of Project Loan or Permanent Notes, there are hereby authorized to be issued, from time to time, Project Loan and Permanent Notes of the Borrower in an aggregate principal amount outstanding at any one time (whether authorized by this Resolution or any other resolution authorizing the issuance of Project Loan or Permanent Notes) equal to the Maximum Development Cost. (B) Each such Note shall bear interest and be payable in the form and manner prescribed by the Contract and this Resolution, shall be signed in the name of the Borrower by the authorized official of the Local Governing Body shall have the official seal of the Borrower impressed thereon and attested by the Clerk of the Local Governing Body. Each Project Loan Note shall be in substantially the form of Form No HUD-9204-MICH and each Permanent Note shall be in substantially the form of Form No. HUD-52250, each of which form is incorporated herein by reference and made a part hereof. Project Loan Notes and Permanent Notes shall be issued to finance the Development Cost of Non-Permanently Financed Projects and Permanently Financed Projects, respectively. (C) Each Note issued with respect to any Project shall be a direct and general obligation of the Borrower, the full faith and credit of which is hereby pledged for the punctual payment of the principal of and interest on such Notes, and, together with all other Notes issued pursuant to this Resolution, shall be additionally secured by (1) a first pledge of the annual contributions payable to the Local Authori- ty and authorized to be pledged to such payment pursuant to the Contract and (2) by a pledge of and lien on the Residual Receipts of such Project after providing for the payment of Bonds issued in respect to such Project. (D) As additional security for the equal and ratable payment of the principal of and interest on each Note issued with respect to any Project, together with each other Note issued with respect to such Project, the Borrower, to the fullest extent permitted by the Laws of the State, hereby pledges, mortgages, conveys and grants unto the Government all property described in the Contract constituting such Project, including that certain real property relating to each such Project and more particu- larly described in the trust instrument or any amendment thereto as execut- ed and recorded by the Borrower pursuant to the Contract Provided That, in respect to Permanently Financed Projects the lien of such pledge and mortgage and rights granted and conveyed pursuant to this paragraph shall (1) be junior to the Bonds and junior to the pledge of Residual Receipts securing the Bonds, and (2) not be foreclosable until all Bonds shall have been paid and discharged in the manner provided in the Bond Resolutions. If the preceding sentence shall be adjudged by a court of competent juris- diction to be invalid or ineffective it is the intention of the Local 15239 Authority to be fully obligated under the other provisions of this Resor- tion and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the principal of and interest on each Note from other funds of the Local Authority as herein provided. Section 4. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows (1) the term "Resolution" shall mean this Resolution (2) All other terms used in this Resolution and which are defined in the Contract shall have the respective meanings ascribed thereto in the Contract. Section 5. All resolutions or parts of resolutions heretofore adopted by the Local Authority which authorizes the issuance and/or delivery of Advance, Project Loan or Permanent Notes pursuant to the Contract are hereby repealed Provided, however, That such repeal shall in no way affect the validity of Advance, Project Loan or Permanent Notes issued pursuant to said resolutions which are outstanding or on deposit for delivery pending payment therefor on the date this Resolution become effec- tive. Provided further, That the Project Loan Notes authorized by this Resolution shall be exchanged for any Advance Notes heretofore issued pursuant to any previous resolution. L A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #828-75 RESOLVED, that having considered a communication from the Depart- ment of Law dated September 16, 1975, and submitted pursuant to Council Resolution No. 637-75, and which transmits a proposed Senior Citizen Non- profit Housing Tax Exemption Ordinance, the Council does hereby determine to refer the same to the Legislative Committee for its report and recom- mendation Councilman Ventura gave first reading to the following Ordinance AN ORDINANCE AMENDING CHAPTER 7 (RETIREMENT PLAN ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTION 2-707 THEREOF By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was 152.40 0829-75 RESOLVED,that having considered a communication from the Mayor dated September 19, 1975, to which is attached a proposed ordinance amend- ment to the Retirement Plan Ordinance, which would increase the number of trustees who administer the retirement plans from five to six members, and the same having been given its first reading by Councilman Ventura on October 8, 1975, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was 0830-75 RESOLVED, that having considered a communication from the Director of Finance dated September 15, 1975, approved for submission by the Mayor, with respect to the City's Workmen's Compensation Insurance Program, the Council does hereby determine to refer the same to the Committee of the Whole for its report and recommendation. By Councilman McCann, seconded by Councilman Brown, it was 4831-75 RESOLVED, that having considered a communication from the Depart- ment of Law dated September 19, 1975, approved by the Industrial Coordina- tor, the Finance Director, and approved for submission by the Mayor, submitted pursuant to council resolution #616-75, the Council does hereby authorize the Department of Law to acquire 0.43 acres of land located in Section 28 and owned by Evelyn M. Franklin, which land is more particularly described as. That part of the S. E. 1/4 of Section 28, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the center line of Stark Road distant S 89° 40' 50" E. 608.30 feet and S. 13° 39' 20" W. 458.08 ft. from the center 1/4 corner of Section 28 and proceeding thence S. 13° 39' 20" W. along said center line 66.0 feet thence N. 89° 57' W. 276.0 feet, thence N. 4° 20' 20" W. 66.0 feet; thence S. 89° 37' 40" E. 296.58 feet to the point of beginning. that the terms and conditions upon which this acquisition is authorized are as follows. 1. the purchase price shall be in the amount of $20,000.00, 2. that a sum not to exceed $61.99 is hereby authorized to be expended for the proration of current city, school and county taxes, 3. that a sum not to exceed s655.88 is hereby authorized to be expended for the purpose of paying the balance due for the paving and drainage on Stark Road levied on this property in Special Assessment District No. 78; 152+1 4+. that the foregoing amounts are hereby authorized to be expended from the 9.8 Million Dollar Street and Road General Obligation Bond Issue as an advance to be reimbursed to the same from funds made available as a result of an anticipated special assessment district to be created for the purpose of constructing an industrial road in this area, 5. FURTHER, the Council does hereby authorize the rental of the subject property to Mrs. Evelyn M. Franklin on a month to month basis for a rental of $150 per month, payable on the 1st day of each month, Mrs. Franklin shall in such rental assume the payment of all utilities as well as provide the City in advance with a security deposit of $150 and an additional $150 as the last month's rent, the foregoing rental may be terminated by either party upon the giving of a 30-day notice, and 6. the City Clerk, the City Treasurer, and the Department of Law are hereby requested to do all things necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result AYES. Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. The communication from the Department of Law, dated September 15, 1975, with respect to the commencement of action against Detroit Edison Company for instal- lation of street lights, CR-712-75, was received and filed for the information of the Council. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #832-75 RESOLVED, that having considered a communication from Mr. Robert German, 31660 Bobrich, Livonia, Michigan dated September 29, 1975, as well as a communication from Mr. J. Ninomiya, 31691 Bennett, concerning the permission granted to Mr. and Mrs. J. Ninomiya, to connect a property line fence to the City-owned fence, in CR-570-74, at Rotary Park, the Council does hereby determine to refer the same to the Parks and Recreation Commission for its report and recommendation. By Councilman Raymond, seconded by Councilman Brown, it was 15242 #833-75 RESOLVED, that having considered a communication from the City Clerk dated September 25, 1975, the Council does hereby authorize the trans- fer of the sum of $2,500.00 from Account No. 193-757 (Voter Registration Supplies) to Account No. 193-904 (Printing), the action taken herein being for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result AYES• Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS• None. By Councilman Brown, seconded by Councilman Bishop, it was #834-75 RESOLVED, that having considered a communication from the Depart- ment of Law dated September 23, 1975, approved by the Planning Director, the Supt. of Parks and Recreation, the Finance Director, and approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire 4 acres of land located in Section 31 and owned by Mr. and Mrs. William K. Body, which land is more particularly described as That part of the S. E. 1/4 of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. line of Section 31 distant S. 2° 12' E. 379.26 feet from the E. 1/4 corner of Section 31, proceeding thence S. 2° 12' E. along said line 163.41 feet, thence W. 1336.6 feet, thence N. 0° 10' 29" W. 163.3 feet, thence E. 1330.87 feet to the point of beginning, except the E. 1.0 acre thereof. (4acres) Parcel 31JJ1 (Park Site Designation AA-95) and the terms and conditions upon which this acquisition is authorized are as follows 1. the purchase price shall be in the amount of $11,000.00, 2. that a sum not to exceed $19.29 is hereby authorized to be expended for the proration of current city, school and county taxes; 3. that the foregoing amounts are hereby authorized to be expended from Federal Revenue Sharing Funds, and 4. the City Clerk, the City Treasurer, and the Department of Law are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. 15243 By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #835-75 RESOLVED, that having considered a communication from the City Engineer dated September 15, 1975, approved by the Director of Public Works, and approved for submission by the Mayor, wherein the City Engineer did ascertain the assessed valuation of all property affected by the proposed street paving improvment for the Argonne Subdivision located in the North- east 1/4 of Section 1, T. 1 S., R. 9 E , City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared, plans and specifi- cations therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with their recommendation as to what propor- tion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands whichshould be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recom- mendations have been properly filed by the City Engineer with the City Clerk under date of September 15, 1975 and that there has been full compli- ance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, December 15, 1975 at 8 00 P. M. as the date and time for a Public Hearing on the NECES- SITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michi- gan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publica- tion of such hearing as is required by Section 2-507 of said Code. By Councilman McCann, seconded by Councilman Ventura, it was #836-75 RESOLVED, that the Council does hereby determine to amend and revise Council Resolution No. 805-75 adopted on September 24, 1975 so as to provide that all parcels and properties included therein shall be authorized to make installment payments in the number of ten installments and the rate of interest to be charged with respect to same shall be at the rate of 8% per annum, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. By Councilman Bishop, seconded by Councilman Brown, it was 4837-75 RESOLVED, that having considered a communication dated June 4, 1975 from the City Planning Commission which sets forth its Resolution No. 5-90-75 with regard to Petition No. 75-4-1-10, submitted by Claude M. Howard for a change of zoning on property located at the southwest corner of Ann Arbor Trail and Newburgh Road in the Northeast 1/4 of Section 31, 1,2,4 from RUF aniC-1 to C-2, and the Council having conducted a public hearing with regard to this matter on September 22, 1975, pursuant to Council Resolution No. 593-75, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 75-4-1-10 is hereby denied, for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS. None. By Councilman Brown, seconded by Councilman Ventura, it was #838-75 RESOLVED, that having considered a communication dated July 7, 1975 from the City Planning Commission which sets forth its Resolution No. 6-123-75 with regard to Petition No. 75-4-1-11, submitted by the City Plan- ning Commission on its own motion, for a change of zoning on property located on the east side of Farmington Road between the C & 0 Railway and Capitol Avenue in the Southwest 1/4 of Section 27, from M-1 to M-2, and the Council having conducted a public hearing with regard to this matter on September 22, 1975, pursuant to Council Resolution No. 642-75, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 75-4-1-11 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 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: Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS: None. By Councilman Bishop, seconded by Councilman McCann, it was #839-75 RESOLVED, that having considered a communication dated July 7, 1975 from the City Planning Commission which sets forth its Resolution No. 6-124-75 with regard to Petition No. 75-5-1-13, submitted by the City Planning Commission on its own motion, for a change of zoning on property located at the southwest corner of Five Mile Road and Newburgh Road in the Northeast 1/4 of Section 19, from C-1 to P.L., and the Council having conducted a public hearing with regard to this matter on September 22, 1975, pursuant to Council Resolution No. 642-75, the Council does hereby concur in the recommendation of the Planning Commission and the said. Petition No. L75-5-1-13 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicat- ing the zoning change herein approved and to furnish the same to the Depart- ment of Law and, upon receipt of such map, the Department of Law is request- ed to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. 15245 A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. By Councilman Ventura, seconded by Councilman Bishop, it was #840-75 RESOLVED, that having considered a communication dated July 7, 1975 from the City Planning Commission which sets forth its Resolution No. 6-125-75, with regard to Petition No. 75-5-1-14, submitted by the City Planning Commission on its own motion for a change of zoning on property located east of Eckles Road between Lyndon Avenue and the I-96 Freeway in the Southwest 1/4 of Section 19, from R-1 to P.L., and the Council having conducted a public hearing with regard to this matter on September 22, 1975, pursuant to Council Resolution No. 642-75, the Council does hereby concur in the recommendation of the Planning Commission and the said Peti- tion No. 75-5-1-14 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. LA roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS. None. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it• was #841-75 RESOLVED, that the Council does hereby request that the Parks and Recreation Commission submit its report and recommendation concerning the City's projected future use of the Park Site located between Lyndon Avenue and the I-96 Freeway in the Southwest 1/4 of Section 19. By Councilman Bishop, seconded by Councilman Ventura, it was #842-75 RESOLVED, that having considered a communication dated July 7, 1975 from the City Planning Commission which sets forth its Resolution No. 6-126-75, with regard to Petition No. 75-5-1-15, submitted by the City Planning Commission on its own motion for a change of zoning on property located east of Eckles Road and south of Five Mile Road in the Northwest 1/4 of Section 19, from R-1 to P.L., and the Council having conducted a public hearing with regard to this matter on September 22, 1975, pursuant to Council Resolution No. 642-75, the Council does hereby concur in the L recommendation of the Planning Commission and the said Petition No. 75-5-1-15 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. 15246 A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #843-75 RESOLVED, that the Council does hereby request that the Parks and Recreation Commission submit its report and recommendation concerning the City's projected future use of the Park Site located east of Eckles Road and south of Five Mile Road in the Northwest 1/4 of Section 19. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #844-75 RESOLVED, that having considered a communication from the Real Estate Representative of the Shell Oil Company dated September 18, 1975, and communications from Frederick D. Steinhardt, Attorney at Law of the firm of Mason & Steinhardt dated September 24, 1975 and October 1, 1975, which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determina- tion made on September 16, 1975 by the City Planning Commission in its Resolution No. 8-193-75, with regard to Petition No. 75-7-2-19, submitted by Shell Oil Company, requesting permission to construct a self-service gasoline facility as a waiver use on property zoned C-2 and located on the north side of Six Mile Road between Newburgh and Fitzgerald in Section 8, the Council does hereby designate Monday, December 15, 1975 at 8 00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such public hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. By Councilman Brown, seconded by Councilman McCann, it was #845-75 RESOLVED, that having considered a communication dated September 18, 1975 from the Michigan Liquor Control Commission with regard to an application from Virginia M. Fann and Christine E. Schifko, 34068 School- craft Road, Livonia, Michigan for a new full year Class "C" License to be located in the City of Livonia, Michigan, the Council does hereby determine to refer the same to its Committee of the Whole for its consider- ation along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Brown, McCann, Bishop and Nash. NAYS *Ventura. The President declared the resolution adopted. 15247 *Councilman Ventura made the following statement My 'no' vote is cast because I feel that the petitioner should be given the opportunity to appear before the Council and present his plans for the requested License. By Councilman Brown, seconded by Councilman Raymond, it was #846-75 RESOLVED, that having considered a communication dated September 30, 1975 from the Department of Law, submitted pursuant to Council resolu- tion #767-75, transmitting for Council acceptance a Quit Claim Deed dated September 12, 1975 executed by Zilpha D. Roll, conveying to the City the following described property Land in the City of Livonia, County of Wayne and State of Michigan, described as follows: The East 1/2 of the West 1/2 of the Southeast 1/4 and the West 1/2 of the East 1/2 of the Southeast 1/4 of Section 5, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (79.83 acres, Wayne County Bureau of Taxation Parcel No. 05J) the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city-owned and exempt. A roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. By Councilman Brown, seconded by Councilman Raymond, it was #847-75 RESOLVED, that having considered a communication dated September 30, 1975 from the Department of Law, transmitting for Council acceptance a Grant of Easement secured for storm sewer purposes, which document is more particularly described as Grant of Easement dated September 26, 1975 executed by Alex J. Etkin and Toby Etkin, his wife and Robert W. Curran and Dolores Curran, his wife, conveying to the City The East 10 feet of the West 32 feet of the South 264 feet of Lot 2, Newman Schoolcraft Farms Subdivision, as recorded in Liber 69, Page 90, Wayne County Records, said subdivision being of a part of the N. E. 1/4 of Section 28, T. 1 S., R. 9 E., Livonia Township (now City of Livonia) Wayne County, Michigan 15248 L the Council does hereby for and on behalf of the City of Livonia accept the Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS. None. By Councilman Brown, seconded by Councilman McCann, it was #848-75 RESOLVED, that having considered a communication from the Depart- ment of Law, dated September 26, 1975, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby deter- mine to amend and revise Council Resolution 700-75, adopted on August 6, 1975, so as to appropriate and authorize the expenditure of a sum not to exceed $600.00 (in lieu of $350.00) from the Motor Vehicle Highway Fund Account (Major Street Funds) for the purpose of allowing the Department of Law to retain the services of an expert real estate appraiser in connection with the acquisition of right-of-way required to improve Six Mile Road with a boulevard-type construction. L A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS None. The communication dated September 23, 1975 from the Finance Director, with respect to the Retrospective Rating Adjustment on Workmen's Compensation for period ending December 1, 1974, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Raymond, it was #849-75 RESOLVED, that having considered a communication from the Person- nel Director dated August 22, 1974, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on August 12, 1974, relative to adjustments in rates and benefits proposed to be effective December 1, 1973, December 1, 1974 and December 1, 1975 for administrative and professional classifications, the Council does hereby determine to concur in and approve of such action with respect to all the amendments and changes to benefits as recommended therein, which are as follows• December 1, 1973 1. Provide an adjustment in weekly sickness and accident benefits according to the following schedule Amount First 12 weeks of benefits $ 42.00 per week Next 40 weeks of benefits $100.00 per week 15249 2. Provide minimum amounts of longevity benefits according to the following schedule Length of Service Minimum Maximum 5 years 1% of salary to $100 1% of salary to $120 7 years 2-1/2% of salary to $275 2-1/2% of salary to $300 14 years 5% of salary to $575 5% of salary to $600 21 years 7-1/2 % of salary to $900 7-1/2% of salary to $900 3. Provide an additional one-half day holiday on Good Friday to provide a full day holiday on Good Friday. 4. Provide an additional cost-of-living payment to retireees who retired on or before November 30, 1973, of $10.00 per month so that the total cost-of-living payment is $20 00 per month. Retirees who retired on or after December 1, 1973 shall receive a total monthly cost-of-living payment of $10.00 per month at the end of one year of retirement and $20.00 per month two years after retirement. December 1, 1974 1. Provide that longevity payments be adjusted to flat rate amounts as follows Length of Service Amount 5 years $120 7 years $300 14 years $600 21 years $900 2. Provide a dental reimbursement plan for permanent full-time employees, spouses and dependent children until their 19th birthday in the amount of $100 per fiscal year. 3. Provide additional cost-of-living payment of $10.00 per month to retirees retired before December 1, 1973, to make their total cost-of-living $30.00 per month. 4. Provide that effective January 1, 1975, one (1) additional vacation day be added to the vacation schedules after ten and fifteen years of service to provide a total vacation credit of 18 days after ten (10) years of service and nineteen (19) days after fifteen years of service. December 1, 1975 1. Provide an increase in dental reimbursement for permanent full-time employees from $100 to $150 per fiscal year. 2. Provide an additional cost-of-living payment to retirees of $10.00 per month to retirees who retired before December 1, 1973, to make their total cost-of-living $40.00 per month. 15250 the action herein being made effective commencing with the periods of time specified in the aforesaid recommendation of the Civil Service Commission, further, the Council does hereby determine to defer action with respect to the recommended salary rate adjustments not previously approved; further, the action taken herein to the extent required shall be incorporated as amendments to the compensation plan, insurance and disability plans and rules and regulations of the Civil Service Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond, Brown, McCann, Bishop, Ventura and Nash. NAYS. None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #850-75 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 November, 1975. Wednesday, November 12, 1975 and Tuesday, November 25, 1975. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #851-75 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. Councilman Ventura gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION THERETO. RE. PETITION NO. 75-4-1-12 FOR CHANGE OF ZONING FROM C-1 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. Councilman Ventura invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result. 15251 AYES. Raymond, Brown, Ventura and Nash. NAYS. McCann and Bishop. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On motion of Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, this 819th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9 10 P. M., October 8, 1975. ADDISON W. BAQ , City Clerk.