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HomeMy WebLinkAboutCOUNCIL MINUTES 1974-12-11 14695 lin MINUTES OF THE SEVEN HUNDRED NINETY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 11, 1974, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:15 P. M. . Councilman Bishop delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Peter A. Ventura, Jerry Raymond, Robert R. Bishop, Jerry H. Brown, Robert E. McCann and Robert D. Bennett Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney; Jack Dodge, Finance Director, Mike McGee, Adminis- trative Assistant to the Mayor; Ronald Mardiros, City Assessor, G. E. Siemert, City Engineer; John T. Dufour, Superintendent of Parks and Recreation, John Nagy, City Planner; Robert Turner, Police Chief, Frank Kerby, Chief Building Inspector, and Suzanne Taylor of the City Planning Commission. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted it was #902-74 RESOLVED, that the minutes of the 798th regular meeting of the Council of the City of Livonia, held November 20, 1974, are hereby approved By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #903-74 RESOLVED, that the minutes of the 155th special meeting of the Council of the City of Livonia, held November 25, 1974, are hereby approved. The communication from the Michigan Municipal League, dated December 6, 1974, regarding the Annual Regional Meeting to be held on January,.16, 1975, was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Ventura, it was 14696 Lit #904-74 RESOLVED, that the communication dated November 18, 1974 from the Finance Director, transmitting Financial Reports for the period ending October 31, 1974 for the General, Concession, Golf Course, Ice Rink, Swim- ming Pool, Municipal Refuse Disposal System, Federal Revenue Sharing, and Water and Sewer Funds, is hereby referred to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result* AYES: Bishop, Ventura, Raymond and Brown. NAYS• McCann, Bennett .and Nash. The President declared the resolution adopted. The communication dated November 19, 1974 from the Department of Law, with respect to Court of Appeals Docket No. 18289 (City of Livonia and City of Hazel Park vs Ingham Circuit Judge), was received and filed for the information of the Council. The communication dated November 19, 1974 from the Department of Law, with respect to Wayne County Circuit Court Case No. 74-035922 CE (Ronald Nisun vs Jack Fagen, et al), was received and filed for the information of the Council. Councilman Ventura gave second reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 2 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. 74-6-1-14 FOR CHANGE OF ZONING FROM R-1 TO P. A roll call vote was taken on the foregoing Ordinance with the following result. AYES• Bishop, Ventura, Raymond, Brown, McCann, Bennett and Nash. NAYS• None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance. 14697 AN ORDINANCE AMENDING PARAGRAPH (26) OF SECTION 18.38 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." Pet. #74-6-6-2) A roll call vote was taken on the foregoing Ordinance with the following result: AYES- Bishop, Ventura, Raymond, Brown, Bennett and Nash. NAYS: McCann. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 74-6-3-9) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bishop, Ventura, Raymond, Brown, McCann, Bennett and Nash. liwNAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Ventura, seconded by Councilman Bishop, it was #905-74 RESOLVED, that having considered a communication from the Director of Finance dated November 12, 1974, approved for submission by the Mayor, wherein a request is made for an appropriation for street lighting costs, the Council does hereby determine to authorize the transfer of the sum of $113,000 from Federal Revenue Sharing Funds to General Fund Account No. 450-926 for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Ventura, Raymond, McCann, Bennett and Nash. NAYS- Brown. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Brown, it was 14698 #906-74 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated October 3, 1974, which bears the signature of the Finance Director, and is approved for submission by the Mayor, wherein a request is made for an appropriation for office supplies, the Council does hereby determine to authorize the transfer of a sum not to exceed $8,000 from the Unexpended Fund Balance Account to Account No. 304-728 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES• Bishop, Ventura, Raymond, Brown, McCann, Bennett and Nash. NAYS. None. By Councilman Brown, seconded by Councilman Bennett, it was #907-74 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated November 4, 1974, which bears the signature of the Finance Director, and is approved for submission by the Mayor, with regard to second-year funding of the Saturation Patrol Unit-North, for the period May 1, 1975 through June 30, 1976, the Council does hereby determine that funds required for the City to provide a Cash Match in the total amount of $14,214.69 are appropriated in the City's current budget and/or to the extent required for the Fiscal Year commencing December 1, 1975 will be appropriated for this purpose. LirA roll call vote was taken on the foregoing resolution with the following result AYES: Bishop, Ventura, Raymond, Brown, McCann, Bennett and Nash. NAYS None By Councilman Ventura, seconded by Councilman Brown, it was #908-74 RESOLVED, that having considered a communication dated October 29, 1974, from the Assistant City Assessor, approved for submission by the Mayor, with regard to a request dated October 15, 1974, from Salvatore Provenzola, 11805 Haller, Livonia, Michigan 48150, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordi- nance, as amended, the Council does hereby find that the proposed division or partition of Lot 225, except S. 130 ft. of E. 66 ft. thereof, Super- visor's Livonia Plat No. 3 would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing of same into two (2) parcels, the legal descriptions of which shall read as follows 1) Parcel "A": Lot 225, except the East 66 Feet thereof, Super- visor's Livonia Plat No. 3 of part of the N. 1/2 of S.W. 1/4 of Sec. 13, T. 1 S., R. 9 E. , Livonia, Michigan, 14699 2) Parcel "B": The East 66 Feet of Lot 225, except the South 130 Feet thereof, Supervisor's Livonia Plat No. 3 of part of the N. 1/2 of S.W. 1/4 of Sec. 13, T. 1 S. , R. 9 E. , Livonia, Michigan, as shown on the map attached to the aforesaid communication which is made a part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result- AYES: Bishop, Ventura, Raymond, Brown, McCann and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Brown, it was #909-74 RESOLVED, that having considered a communication dated November 7, 1974, from the Assistant City Assessor, approved for submission by the Mayor, with regard to a request dated October 29, 1974, from United Homes, Inc. , 24801 Five Mile Road, Detroit, Michigan 48239, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division or partition of Lots 306, 307, 308 and 309 of Seven Mile Super Highway Subdivision would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing of same into three (3) parcels, the legal descriptions of which shall read as follows 1) Parcel "A". Lot 306 and the North 20.00'of Lot 307 of "Seven Mile Super Highway Sub'n." of the E. 1/2 of the N. E. 1/4 of Sec. 9, T. 1 S. , R. 9 E., Livonia Twp. , Wayne Co. , Mich. , now City of Livonia, 2) Parcel "B". The South 30.00'of Lot 307 and the North 35.00' of Lot 308 of "Seven Mile Super Highway Sub'n." of the E. 1/2 of the N.E. 1/4 of Sec. 9, T. 1 S., R. 9 E. , Livonia Twp. , Wayne Co. , Mich. now City of Livonia, 3) Parcel "C". Lot 309 and the South 15.00' of Lot 308 of "Seven Mile Super Highway Sub'n." of the E. 1/2 of the N.E. 1/4 of Sec. 9, T. 1 S., R. 9 E. , Livonia Twp. , Wayne Co., Mit.h. , now City of Livonia, 14700 as shown on the map attached to the aforesaid communication which is made a lis part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result- AYES: Brown, McCann, Bennett and Nash. NAYS: Bishop, Ventura and Raymond. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Bishop, it was #910-74 RESOLVED, that having considered a communication dated November 13, 1974, from the Assistant City Assessor, approved for submission by the Mayor, with regard to a request dated October 5, 1974 from the Ager Building Company, in behalf of John Bellegante, 20715 Northome, Southfield, Michigan 48076, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division or partition of Bureau of Taxation Parcel No. 20Hla would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing same into three (3) parcels, the legal descriptions of which shall read as follows: 1) Parcel "A": Part of the N.E. 1/4 of Section 20, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as Beginning at a point on the E. & W. 1/4 line of Section 20, dis- tant N. 89° 51' 16" E. 183.20 feet from the Center Corner of Section 20, T. 1 S., R. 9 E., proceeding thence N. 0° 13' 24" W. 145.00 feet, thence N. 89° 51' 16" E. 137.63 feet along the south line of Lyndon Avenue (60 feet wide) , thence S. 0°13' 24" E. 145.00 feet along the West line of Levan Heights Subdivision as recorded in Liber 91, Page 39 of Plats, Wayne County Records, thence S. 89° 51' 16" W. 137.63 feet along the E. & W. 1/4 line of Section 20 to the point of beginning. Contains 0.46 acres. 2) Parcel "B": Part of the N. E. 1/4 of Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as : Beginning at a point on the E. & W. 1/4 line of Section 20, distant N. 89°51'16" E. 113.20 feet from the Center Corner of Section 20, T. 1 S., R. 9 E. , proceeding thence N. 0° 13' 24" W. 145.00 feet; thence N. 89° 51' 16" E. 70.00 feet along the south line of Lyndon Avenue (60 feet wide) , thence S. 0° 13' 24" E. 145.00 feet, thence S. 89° 51' 16" W. 70.00 feet along the E. & W. 1/4 line of Section 20 to the point of beginning. (Contains 0.233 acres) 14701 3) Parcel "C": Part of the N. W. 1/4 of Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as: Beginning at the center corner of Section 20, T. 1 S., R. 9 E. , proceeding thence N. 0° 13' 24" W. 145.00 feet along the N. & S. 1/4 line of Section 20; thence N. 89° 51' 16" E. 113.20 feet along the south line of Lyndon Avenue (60 feet wide) and Levan Heights Subdivision as recorded in Liber 91, Page 39 of Plats, Wpyne County Records, thence S. 0° 13' 24" E. 145.00 feet; thence S. 89° 51' 16" W. 113.20 feet along the E. & W. 1/4 line of Section 20 to the point of beginning. Contains 0.373 acres and is subject to the rights of the public over the westerly 33.0 feet thereof in Levan Road. as shown on the maps submitted herewith which are made a part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES• Bishop, Ventura, Raymond, Brown, McCann, Bennett and Nash. NAYS. None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #911-74 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated November 5, 1974, approved by the Finance Director, and approved for submission by the Mayor, with regard to the need to replace 165 trees in Old Rosedale, the Council does hereby request and authorize the Superintendent of Parks and Recreation, together with the Finance Director, to advertise and take bids for the purchase by the City of 165 Columnar Norway Maples on the basis of proposals which include alternative prices for 2", 2-1/2", and 3" trees, as well as the alternative prices for either planted or delivered, such action to be taken in accordance with the provisions set forth in the Financial Ordi- nance. By Councilman Ventura, seconded by Councilman Raymond, it was #912-74 RESOLVED, that having considered the report and recommendation dated November 5, 1974, from the City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby amend Item No. 8 of Council Resolution No. 689-73, adopted on August 15, 1973, and subsequently amended by Council Resolution No. 350-74, adopted on May 8, 1974, so as to reduce the Financial Assurances now on deposit with the City for general improvements in the Bainbridge Courts Subdivision, N.W. 1/4 of Section 11, to $118,140.00 of which at least 14702 $10,000.00 shall be in cash, to cover the cost of remaining improvements L in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, the financial assur- ance now on deposit with the City for Sidewalk improvements shall remain the same and unchanged; and the City Clerk and the City Treasurer are hereby authorized tondo 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• Bishop, Ventura, Raymond, Brown, McCann, Bennett and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, it was #913-74 RESOLVED, that having considered a communication from the Person- nel Director dated September 17, 1974, which bears the signature of the Finance Director, and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on September 3, 1974, wherein they did recommend that the following salary range for the classification of City Attorney II for the period from December 1, 1973 through May 21, 1974 be established as follows Step 1 Step 1 1/2 Step 2 Step 3 Step 4 Step 5 LitAnnual $17,617.60 $17,950.40 $18,324.80 $19,073.60 $19,801.60 $20,592.00 Bi-Wkly 677.60 690.40 704.80 733.60 761.60 792.00 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: Bishop, Ventura, Raymond, Brown, McCann, Bennett and Nash. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was #914-74 RESOLVED, that having considered a communication from the Person- nel Director dated September 18, 1974, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which transmits resolutions adopted by the Civil Service Commission, on August 12, 1974 and September 3, 1974, wherein it is recommended that the classifica- tion of Accountant III be established at the following salary range. Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Step 5 $15,412.80 $15,724.80 $15,995.20 $16,681.60 $17,347.20 $18,033.60 592.80 604.80 615.20 641.60 667.20 693.60 lito7.41 7.56 7.69 8.02 8.34 8.67 the Council does hereby determine to concur in and approve of such action. 14703 1. A roll call vote was taken on the foregoing resolution with the following result AYES: Bishop, Ventura, Raymond, Brown, McCann, Bennett and Nash. NAYS• None. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #915-74 RESOLVED, that having considered a communication from the Person- nel Director dated September 30, 1974, which bears the signature of the Finance Director, and is approved for submission by the Mayor, and which transmits a resolution adopted on September 3, 1974, wherein it is recom- mended that salary adjustments and benefit changes granted other City employees effective December 1, 1974 and December 1, 1975 be extended to the classifications of Probation Officer I (Permanent Part Time) and Proba- tion Officer II (Permanent Part Time), the Council does hereby determine to refer this matter to the Finance and Insurance Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, it was #916-74 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated November 5, 1974, approved by 1. the Finance Director and the Director of Public Works, and approved for submission by the Mayor, and the attached final construction estimate dated November 5, 1974, the Council does hereby authorize Final Payment in the amount of $8,363.58 to Conco Midwest, Inc. , 1115 N. Main Street, Racine, Wisconsin 53402, which sum includes the full and complete balance due on a contract dated September 25, 1974, in the amount of $59,371.10 (Actual work authorized and completed being in the amount of $64,420.08), in connection with the 1974 Concrete Pavement Joint and Crack Sealing Program Part II, 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 Affida- vit, Maintenance and Guarantee have been filed, and for this purpose the Council does hereby appropriate and authorize the expenditure of the additional amount of $5,048.98 from the City's Motor Vehicle Highway Fund (Local Road Account), 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 Bishop, Ventura, Raymond, Brown, McCann, Bennett and Nash. NAYS. None. By Councilman Ventura, seconded by Councilman Raymond, it was 14704 #917-74 RESOLVED, that having considered the report and recommendation of the City Engineer dated November 13, 1974, approved by the Director of Public Works, and approved for submission by the Mayor, and the attached final progress payment request dated November 1, 1974, the Council does hereby authorize Final Payment in the amount of $3,204.38 to McCarthy Contracting Company, P. 0. Box 257, Farmington, Michigan 48024, which sum includes the full and complete balance due on a contract dated October 9, 1973, in the amount of $68,927.00 (actual work authorized and completed being in the amount of $64,087.50), in connection with the Pamco Drive Paving Project, it appearing from the aforementioned report that all work under the said comtract has been completed in accordance with City standards and specifications, and that the necessary Contractor's Affidavit, main- tenance and Guarantee have been filed, and the City Clerk and the 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. Bishop, Ventura, Raymond, Brown, McCann, Bennett and NASH. NAYS None. By Councilman Ventura, seconded by Councilman Raymond, it was #918-74 RESOLVED, that having considered the report and recommendation of the City Engineer dated November 13, 1974, approved by the Director of Public Works, and approved for submission by the Mayor, with regard to the Pamco Drive Paving Project, and S.A.D. No. 132 in connection therewith, the Council does hereby determine to amend and revise Council Resolution No. 762-73, adopted on September 12, 1973, to the extent necessary in order to provide that with respect to Parcel Nos. 27A32alal, b2b and 27A32ala2 the assessment on such property, based upon final actual construction costs, shall be in the amount of $66,977.07 in lieu of the original assessment estimated to be in the amount of $53,670.00, and the City Assessor and City Treasurer are hereby requested to do all things necessary or incident- al to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES• Bishop, Ventura, Raymond, Brown, McCann, Bennett and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #919-74 RESOLVED, that having considered a communication from the Livonia Housing Commission dated November 12, 1974, approved for submission by the Mayor, which transmits the Livonia Housing Commission 1975 Budget, the Council does hereby determine to refer the same to the Finance and Insur- ance Committee for its report and recommendation. 14705 By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #920-74 RESOLVED, that the Council does hereby request an Opinion of the Department of Law regarding the application of mandatory retirement provi- sions as set forth in the Retirement Ordinance with respect to the position of Director-Secretary of the Livonia Housing Commission. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #921-74 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated November 15, 1974, approved by the Finance Director, and approved for submission by the Mayor, wherein it is recommended that certain equipment be purchased and improvements made in order to update the Ford Recreation Center, the Council does hereby determine to refer the same to the Capital Improvement Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #922-74 RESOLVED, that having considered a communication from the Chief of Police dated November 19, 1974, which transmits a proposed amendment to the Livonia Code of Ordinances, Section 8-242, relative to the sale and possession of fireworks, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. By Councilman Bennett, seconded by Councilman Ventura, it was #923-74 RESOLVED, that having considered a communication dated November 12, 1974, from the City Planning Commission, which transmits its Resolution No. 10-210-74, with regard to Petition No. 74-7-3-10, submitted by J. L. Mooney Company for vacating a ten-foot easement located at the southwest corner of Schoolcraft and Newburgh Roads in Schoolcraft Manor Subdivision No. 2 in the Northeast 1/4 of Section 30, City of Livonia, Wayne County, Michigan, the Council does hereby determine to approve and grant the said Petition, and Petition No. 74-7-3-10 is hereby approved, and the Depart- ment of Law is hereby requested to prepare the necessary vacating ordi- nance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Ventura, Raymond, Brown, McCann, Bennett and Nash. NAYS: None. Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 8, CHAPTER 2 (MISDEMEANORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTION 8-257 THEREOF. 14706 L The foregoing Ordinance, when adopted, is filed in the office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Brown, seconded by Councilman Ventura, it was #924-74 RESOLVED, that having considered a communication from the City Planning Commission dated September 25, 1974, which transmits its Resolu- tion No. 9-197-74, adopted by the Commission on September 17, 1974, with regard to Petition No. 74-9-8-33, requesting site plan approval for the remodeling of an existing building on the south side of Seven Mile Road between Filmore and Irving in Section 9, and the Council having conducted a public hearing with respect to this matter on November 18, 1974, pursuant to Council Resolution No. 771-74, the Council does hereby determine pur- suant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, to reject the recommendation of the Planning Commission and Petition No. 74-9-8-33 is hereby approved, based upon the conditions that no parking shall be permitted in front of and on the East side of the building, and landscaping shall be provided in those areas as approved by the City Planning Department, and further that the sign shown on the site plan as submitted be deleted, and further, that the building exterior shall be remodeled in compliance with the Building Elevation Plan herein approved, and also that the offset parking requirements of the Zoning Ordinance be complied with. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication from the City Planning Commission dated September 25, 1974, which transmits its Resolu- tion No. 9-197-74, adopted by the Commission on September 17, 1974, with regard to Petition No. 74-9-8-33, requesting site plan approval for the remodeling of an existing building on the south side of Seven Mile Road between Filmore and Irving in Section 9, and the Council having conducted a public hearing with respect to this matter on November 18, 1974, pur- suant to Council Resolution No. 771-74, the Council does hereby determine to table this matter to the study meeting to be conducted on January 13, 1975. A roll call vote was taken on the motion to table with the following result. AYES• Ventura and Raymond. NAYS. Bishop, Brown, McCann, Bennett and Nash. The President declared the motion to table DENIED. A roll call vote was taken on the original resolution with the following result AYES Bishop, Brown, McCann and Bennett. NAYS. Ventura, Raymond and Nash. The President declared the resolution adopted. 14707 By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #925-74 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 (M.S.A. Section 5.2934) 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, January 20, 1975, at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items 1. Petition No. 74-7-1-17 submitted by Rockwall Investment Company for a change of zoning of property located on the East side of Osmus, North of Norfolk Avenue in the Northeast 1/4 of Section 3, from RUF to R-7, the City Planning Commission having in its Resolution No. 10-217-74 recommended to the City Council that Petition No. 74-7-1-17 be approved, 2. Petition No. 74-9-1-27 submitted by the City Planning Commission on its own motion for a change of zoning of property located South of Seven Mile Road between Stamford and Filmore Avenues in the Northeast 1/4 of Section 9, from C-1 to R-3, the City Planning Commission having in its Resolution No. 10-211-74 recommended to the City Council that Petition No. 74-9-1-27 be approved, except to exclude Lot No. 480, 3. Petition No. 74-9-1-30 submitted by the City Planning Commission on its own motion for a change of zoning of property located at the Southwest corner of Five Mile Road and Levan Road in the Northwest 1/4 of Section 20, from R-6 and C-1 to PO-I, the City Planning Commission having in its Resolution No. 10-214-74 recommended to the City Council that Petition No. 74-9-1-30 be approved, and 4. Petition No. 74-9-1-31 submitted by the City Planning Commission on its own motion for a change of zoning of property located between Five Mile and Schoolcraft Roads and between Levan on the east and Newburgh Road on the west, in the West 1/2 of Section 20, from AG, R-6, R-7 and C-1 to RUF, the City Planning Commission having in its Resolution No. 10-215-74 recommended to the City Council that Petition No. 74-9-1-31 be approved, further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and (b) location of the proposed changes of zoning 14708 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 performance of this resolution. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was #926-74 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Ventura, seconded by Councilman McCann, it was #927-74 RESOLVED, that having considered a communication from the City Planning Commission dated November 12, 1974, which transmits its Resolu- tion No. 10-208-74, adopted by the Commission on October 22, 1974, with regard to Petition No. 74-9-2-14, submitted by Burton-Share, Inc., requesting waiver use approval to establish numbrous businesses within buildings proposed to be constructed on property zoned R-E, located on the west side of Farmington Road, north of Schoolcraft in the Southeast 1/4 of Section 21, the Council does hereby determine to,concur in the recom- mendation made by the City Planning Commission, and Petition No. 74-9-2-14 is hereby approved and granted based upon a revised Site Plan, No.1003-B, and made subject to the same conditions as are set forth in the aforesaid recommendation of the Planning Commission except to the extent made neces- sary for these conditions to be modified in order to comply with the said revised site plan approved by the action taken herein. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bishop, Ventura, Raymond, Brown, McCann, Bennett and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, it was #928-74 RESOLVED, that having considered a communication from the Person- nel Director dated December 9, 1974, which bears the signature of the Finance Director, and is approved for submission by the Mayor, and which transmits resolutions adopted by the Civil Service Commission on November 19, 1974 and December 3, 1974, with respect to salary rates, overtime pro- visions and benefits for the classification of Captain in the Police Divi- sion of the Department of Public Safety, to be effective December 1, 1973, December 1, 1974, and December 1, 1975, and which recommendations are incorporated herein by reference as if fully set forth, the Council does hereby determine to concur in and approve of such action, further, the Council does hereby determine to appropriate and authorize the transfer of the sum of $3,908.00 from the Unexpended Fund Balance Account to the following accounts in the following amounts 14709 Account No. 304-706 (Salary)- $3,411.00 L Account No. 304-715 (Fringe Benefits) 497.00 Total $3,908.00. A roll call vote was taken on the foregoing resolution with the following result AYES• Bishop, Ventura, Raymond, Brown, McCann, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was #929-74 RESOLVED, that with respect to the necessity for the City of Livonia to make declarations determining the work period for overtime purposes for police and fire personnel, as well as a declaration relative to which employees (supervisory) are exempt from the application of the new provisions of the Fair Labor Standards Act, the Council does hereby request that the Civil Service Commission submit its report and recommenda- tion for appropriate action to be taken by the City Council at its regular meeting to be held on December 18, 1974, including therein consideration of "joint employment" ramifications. LBy Councilman Bishop, seconded by Councilman Ventura, it was #930-74 RESOLVED, that having considered a communication from the City Planning Commission, dated December 10, 1974, which transmits its Resolu- tion No. 11-240-74 adopted by the Commission on November 26, 1974, with regard to Petition No. 74-11-8-46 submitted by Fabri Centers of America requesting approval of all plans in connection with a proposal to erect a new lighted sign on an existing building located on the north side of Seven Mile Road between Middlebelt and Merriman Roads in Section 2, the Council does hereby determine pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, to concur in the recommenda- tion of the Planning Commission and Petition No. 74-11-8-46 is hereby approved, such approval to be based on 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: Bishop, Ventura, Raymond, Brown, Bennett and Nash. NAYS. McCann. The President declared the resolution adopted. On motion of Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, this 799th regular meeting of the Council of the City of Livonia was duly adjourned at 9:35 p. m. , December 11, 1974. 1101 ADDISON W. BACrai er .