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HomeMy WebLinkAboutCOUNCIL MINUTES 1975-01-22 14740 MINUTES OF THE EIGHT HUNDRED AND SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 22, 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 8:23 P. M.. Councilman McCann gave the invocation. Roll was called with the following result. Present--Robert F. Nash, Jerry Raymond, Robert E. McCann and Robert D. Bennett. Absent--Peter A. Ventura (Excused), Robert I . Bishop (Excused) and Jerry H. Brown (Excused). Elected and appointed officials present. Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney; Robert Osborn, Director of Public Works; H. Patrick O'Neill, Director of Civil Defense; Jack Dodge, Finance Director; Robert Turner, Police Chief, G. E. Siemert, City Engineer; John Nagy, City Planner; James Miller, Personnel Director; Robert Stokes, Assistant Superintendent of Parks and Recreation; Russell A. Gronevelt, Superintendent of Operations Division; Stanley Bien, Chief Librarian; Francis Hand, Planning Commission; and Michael Reiser of the Water and Sewer Board. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #13-75 RESOLVED, that the minutes of the 801st regular meeting of the Council of the City of Livonia, held January 8, 1975, are hereby approved. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #14-75 RESOLVED, that the minutes of the 157th special meeting of the Council of the City of Livonia, held January 13, 1975, are hereby approved. The 1974 Land Use Inventory for the City of Livonia, transmitted by the Planning Department under date of January 3, 1975, was received and filed for the information of the Council. The communication dated January 10, 1975 from the Department of Lw wit1 h respect to Court of Appeals Docket No. 18289 (Jones, et al vs Shirley, et aal,1471and Livonia, et al vs Ingham Circuit Judge) was received and filed for the information of the Council. Councilman Raymond gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 9 (PARKS AND PLAYGROUNDS) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING PARAGRAPH (mm) TO SECTION 5-901 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: McCann, Bennett, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Raymond gave second reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 2-2003 OF CHAPTER 20, TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result AYES: McCann, Bennett, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Bennett, seconded by Councilman McCann, it was #15-75 RESOLVED, that having considered the report and recommendation of the Director of Civil Defense dated November 6, 1974, approved by the Finance Director, and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Tennyson Chevrolet, Incorporated, 32570 Plymouth Road, Livonia, Michigan, for supplying the City (Office of Civil Defense) with a Van-type emergency vehicle for the price of $5,495.31, the same having been in fact the lowest and only bid received for this item; further, the Council does hereby appropriate and authorize the expenditure of the sum of $5,495.31 from the Unexpended Fund Balance Account for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. 14742 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #16-75 RESOLVED, that having considered the report and recommendation of the Chief of Police and the Director of Public Safety-Police dated November 26, 1974, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, the Council does hereby deter- mine to accept the bid of Wayne Fence & Supply Company, 27607 Schoolcraft, Livonia, Michigan, for fencing the Gun Range for the price of $13,495.00, the same having been in fact the lowest bid received for this item and meets all specifications; further, the Council does hereby appropriate the sum of $19,000.00 from the Unexpended Fund Balance Account to be transferred to Account No. 304-970 for the purposes enumerated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result' AYES: McCann, Bennett, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #17-?5 RESOLVED, that having considered the report and recommendation of the Chief of Police and the Director of Public Safety-Police dated November 20, 1974, which bears the signature of the Finance Director, and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Audio Intelligence Devices, 1400 N. W. 62nd Street, Fort Lauderdale, Florida 33309, for supplying the Saturation Patrol Unit- North with two (2) Intelligence Kits for the price of $6,802.54, the same having been in fact the lowest and only bid received and meets specifica- tions for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #18-75 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated December 23, 1974, approved by the Director of Public Works and the Finance Director, and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Nagle Paving Company, 18411 West 12 Mile Road, Lathrup Village, Michigan 48076, for supplying the City (Road Maintenance Section) with Bituminous Materials at the following Unit Prices bid through December 31, 1975: 14743 Estimated Unit Total Item Quantity Price Price Description 1. M.D.S.H. 4.12 Asphaltic Concrete 200 T $ 13.90 $ 2,780 2. M.D.S.H. 4.11 Asphaltic Concrete 1,200 T 11.90 14,280 3. Cold Patch Asphaltic Material 1,500 T 14.25 21,375 4. Additional Cost of Delivery of Cold Patch Material 1,500 T 1.00 1,500 TOTALS $ 39,935 the same having been in fact the lowest bid meeting specifications for this item, and further, the Council does hereby determine that in the event the low bidder is unable to furnish the material on any given day that the second lowest bid of Asphalt Products Corporation, 27575 Wixom Road, Novi, Michigan 48050, which also 'meets the specifications for this item, be accepted as an alternate for supplying the City (Road Maintenance Section) with bituminous materials at the following unit prices bid through December 31, 1975• Estimated Unit Total Item Quantity Price Price Description 1. M.D.S.H. 4.12 Asphaltic Concrete 200 T $ 14.00 $ 2,800 2. M.D.S.H. 4.11 Asphaltic 1,200 T 12.00 14,400 Concrete 3. Cold Patch Asphaltic Material 1,500 T 14.50 21,750 4. Additional Cost of Delivery of Cold Patch Material 1,500 T 1.11 1,665 TOTAL $ 40,615. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Raymond and Nash. NAYS: None. 14744 By Councilman McCann, seconded by Councilman Raymond, it was #19-75 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated November 27, 1974, which bears the signature of the Finance Director, and is approved for submission by the Acting Mayor pro tem, the Council does hereby determine to authorize the transfer of the sum of $28,000.00 from Account No. 101-332-702.1 and $6,538.00 from Account No. 101-332-714.1 to the following Accounts in the following amounts: 101-301-768 Uniforms $ 108.00 101-307-709 Overtime 6,050.00 101-309-863 Vehicle Maintenance 5,300.00 101-310-766 Tools and Supplies 35.00 101-316-709 Overtime 450.00 101-323-709 Overtime 175.00 101-323-718 Uniforms 440.00 101-325-709 Overtime 13,650.00 101-327-709 Overtime 3,250.00 101-329-709 Overtime 5,080.00 TOTAL $ 34,538.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Raymond, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #20-75 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated December 4, 1974, which bears the signature of the Finance Director, and is approved for submission by the Mayor, with regard to the second year funding of the City's participation in a Crime Prevention Grant for the following period in the following amounts: May 1, 1975 to April 30, 1976 $2,664.60 May 1, 1976 to June 30, 1976 4,137.80 Total Contribution $6,802.40, the Council does hereby determine that funds required for the City to provide a Cash Match in the total amount of $6,802.40 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Raymond, Bennett and Nash. NAYS: None. 14745 By Councilman McCann, seconded by Councilman Raymond, it was #21-75 RESOLVED, that having considered a communication from the Mayor dated December 10, 1974, which transmits a communication dated November 19, 1974,from Livonia Ecology Commission, to which is attached a Proposed Budget for "Project Pride '75,", the Council does hereby determine to refer the same to the Study Session to be conducted on January 27, 1975. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Raymond and Bennett. NAYS: Nash. . The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was 422-75 RESOLVED, that having considered a communication from the Mayor, dated December 26, 1974, to which is attached a report from Livonia Ecology Commission, entitled "Project Pride'75," the Council does hereby determine to refer the same to the Study Session to be conducted on January 27, 1975. By Councilman Raymond, seconded by Councilman McCann, it was .#23-75 RESOLVED, that having considered a communication from the Personnel Director dated December 26, 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 Board of Trustees of Livonia Employees Retire- ment System, wherein it is recommended that a request submitted by the firm of Gabriel, Roeder, Smith & Company, the City's consulting actuary, for an increase in their fee commencing December 1, 1974, be approved, the Council does hereby determine to appropriate the additional sum of $325.00 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Raymond, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #24-75 RESOLVED, that having considered a communication from the Personnel Director dated December 26, 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 Board of Trustees of the Livonia Employees Retirement System, wherein a request is submitted for an appropriation in the amount of $500.00 in order to pay current and anticipated future doctor bills, the Council does hereby determine to appropriate the sum of $100.00 from the Unexpended Fund Balance Account to be transferred to Account No. 246-817, Professional Services, for the purpose of paying current doctor bills, but with respect to the balance of the aforesaid request, the same is referred to the Finance and Insurance Committee for its report and recommendation. 14746 A roll call vote was taken on the foregoing resolution with the following result- AYES: McCann, Raymond, and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Raymond, it was #25-75 RESOLVED, that having considered the report and recommendation from the City Engineer dated November 27, 1974, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of Parkridge Subdivision, the Financial Assurances previously deposited with respect to the General Improvement Bond, Sidewalk Bond and the $9,500 Cash Escrow payment with respect to Park Site improvement, deposited with the City in accordance with Council resolution No. 806-71, adopted on August 25, 1971, as there- after subsequently amended including the action taken in Council resolu- tions Nos. 253-72 and 824-72, which previously reduced such financial assurances to $2,000 cash for the General Improvement Bond and $13,400 of which $4,000 is in cash with respect to the Sidewalk Bond, to guaranty the City's installation of said improvements in Parkridge Subdivision, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed in accordance with the report and recommendation and ordinances of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result- AYES: McCann, Raymond, Bennett and Nash. NAYS: None. At the direction of the Chair, the item on the agenda with respect to the Preliminary Plat of the Jeffries Freeway Industrial Subdivision was removed, and will be considered at the Regular Meeting to be conducted on February 5, 1975. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #26-75 RESOLVED, that having considered a communication from the Mayor dated December 5, 1974, regarding a salary increase for Director of Administrative Services, the Council does hereby determine to refer this matter to the Finance and Insurance Committee for its report and recom- mendation. By Councilman McCann, seconded by Councilman Raymond, and unanimously adopted, it was 14747 #27-75 RESOLVED, that having considered a communication from the Personnel Director dated December 3, 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 October 15, 1974, with regard to a proposed salary adjustment for Civil Service Commission- ers, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. By Councilman McCann, seconded by Councilman Raymond, it was #28-75 RESOLVED, that having considered a communication from the Personnel Director dated December 19, 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 November 19, 1974, wherein it is recommended that a classification of Personal Property Tax Collector be established in the office of the City Treasurer at the follow- ing rate of pay: Step 1 Step 2 Step 3 Step 4 Step 5 PERSONAL PROPERTY TAX COLLECTOR (Hourly) $4.72 4.92 5.12 5.32 5.53 and which further provides that this shall be a temporary, part-time position, and that the hourly rate represents full compensation for all services rendered with no other compensation or benefits to be received except that employees in these classifications who have been continuously employed for at least 480 scheduled hour prior to a contract designated legal holiday shall be eligible for holiday pay, 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: McCann, Bennett, Raymond and Nash. NAYS: None. At the direction of the Chair, the item on the agenda with respect to Petition No. 74-7-8-27 of Marvin Diamond, Health Saving Services for Senior Citizens Housing on South Side of Seven Mile Road, between Middlebelt Road and Parkville in Section 12, was removed, and will be considered at the regular meeting to be conduct- ed on February 5, 1975. By Councilman McCann, seconded by Councilman Bennett, it was #29-75 RESOLVED, that having considered the report and recommendation of the Planning Commission dated December 10, 1974, and submitted pursuant to Council Resolution No. 539-74, with regard to Petition No. 74-6-3-8, 14748 submitted by Messrs. Patrick J. O'Hara and Stanley LeRash,. the Council does hereby request that the Department of Law enter into negotiations with such parties as may be interested in the purchase of the aforesaid property and thereafter submit its report and recommendation to Council. A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Bennett, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #30-75 RESOLVED, that having considered a communication from the City Treasurer dated December 19, 1974, with respect to Special Assessment District No. 127, for the installation of ornamental street lights with underground wiring to be installed in Nottingham Woods West Subdivision No. 2, in Section 8 and 9, which was confirmed by Resolution No. 572-73, adopted by the City Council on July 11, 1973, and wherein the City Treasur- er indicates that the said street lighting has not yet been installed, the Council does hereby determine to concur in the recommendation of the City Treasurer and to authorize that the 1974 Lighting Assessment provided for on current tax bills in this subdivision be waived and that such persons as may have already paid their assessments be reimbursed upon receipt by the City Treasurer of a properly certified, written request for refund, and that with respect to those bills which have not as yet been paid, the aforesaid special assessment shall be deleted from the Tax Bill. A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Bennett, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #31-75 RESOLVED, that having considered a communication from the City Engineer dated December 12, 1974, approved by the Director of Public Works, and approved for submission by the Mayor, with regard to Council Resolu- tion Nos. 844-73, 50-74, 410-74, and 411-74, which did approve and confirm Special Assessment Rolls for Bobrich Avenue, west of Merriman (Roll No. 134); Mayfield Avenue, North of 6 Mile Road (Roll No. 136), Grimm Avenue, Section 12 (Roll No. 138), and Greenlane Avenue, North of 5 Mile (Roll No 139) respectively, all of which involved street paving improvements which could not be completed in 1974, the Council does hereby determine to revise and amend the aforesaid resolutions so as to insert in Paragraphs 3, 4, and 5 of same the date of December 1, 1975 in lieu of December 1, 1974 as previously set forth, and the City Treasurer is 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 resoluti:n with the following result• AYES: McCann, Bennett, Raymond and Nash. NAYS: None. 14749 By Councilman Bennett, seconded by Councilman McCann, it was #32-75 RESOLVED, that having considered the report and recommendation of the City Engineer dated November 26, 1974, approved by the Director of Public Works and the City Attorney, and approved for submission by the Mayor, the Council does hereby authorize the execution of a Grant of Easement by the Mayor and City Clerk in behalf of the City of Livonia to the Consumers Power Company, which easement is legally described as follows: The southerly 15 feet of the westerly 225 feet of the following described parcel of property located in part of the S. E. 1/4 of Section 21, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, beginning at a point on the west line of Farmington Road distant N. 88° 16' w., 60 feet and S. 1° 28' W., 43 feet from the E. 1/4 corner of Section 21, pro- ceeding thence N. 88° 16' W., 1220.30 feet; thence S. 1° 20' W., along the east line of Stark Road 1261.50 feet; thence S. 88° 02' E., 1217.30 feet, thence N. 1° 28' E., along the west line of Farmington Road 1273 feet to the point of beginning. such easement to be executed upon the form attached to the aforesaid com- munication. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #33-75 RESOLVED, that having considered the report and recommendation of the City Engineer dated November 26, 1974, approved by the Director of Public Works, and approved for submission by the Mayor pro tem, with regard to excess land located adjacent to the I-2?5 freeway at Seven Mile Road, which has been offered to the City of Livonia by the Department of State Highways and Transportation, the Council does hereby determine to take this means to advise the Department of State Highways and Transporta- tion that the City has no interest in taking title to the subject property and does, therefore, decline to accept said offer; further, the Council requests that the Department of State Highways and Transportation install a limited access fence on the common property line between the Freeway and the Melody Manor Subdivision in accordance with the recommendation of the City Engineer as set forth in the aforesaid communication, except to the extent that the location of same may be modified by reason of any convey- ance of excess land to adjoining property owners. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Raymond, Bennett and Nash. NAYS: None. 14750 By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #34-75 RESOLVED, that having considered a communication from the Chief Librarian dated December 5, 1974, approved for submission by the Mayor, with regard to the proposed installation of outdoor lighting at the Noble Library, the Council does hereby determine to refer this matter to the Engineering Division for its report and recommendation. The communication dated December 16, 1974 from the Traffic Commission with respect to a 4-way stop sign at Hubbard and Allen (CR-873-74), was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Bennett, it was #35-75 RESOLVED, that having considered a communication from the Water and Sewer Board dated December 5, 1975, which bears the signature of the Finance Director, and is approved for submission by the Mayor, and which transmits Resolution No. WS 1987 1074, wherein the Board did recommend that connections be allowed to the High Pressure Haggerty Road Water Transmission line based upon the following conditions : 1. An Agreement must be executed to hold the City of Livonia harmless for any damage occurring on the premises due to the high pressures which will exist in the transmission main. 2. Installation and maintenance of pressure reducing valve is required. 3. Pay all fees pertaining to water tap. 4. The Water and Sewer Board does hereby recommend to the City Council that the Water Main Debt Rate Charge be established at 5C% of the cost per front foot of construction to build the water line. Cost would be $10.40 per front foot. 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: McCann, Raymond, Bennett and Nash. NAYS: None. By Councilman Bennett, seconddd by Councilman Raymond, it was #36-75 RESOLVED, that having considered a communication from the City Clerk dated January 8, 1975, the Council does hereby determine to designate the "Ovserver & Eccentric Newspaper," Division of Suburban Communications Corp., 36251 Schoolcraft Road, Livonia, Michigan 48150, as the Official Newspaper of the City of Livonia for the period of March 1, 1975 through February 29, 1976. 14751 A roll call vote was taken on the foregoing resolution with the following result* AYES: McCann, Raymond, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #37-75 RESOLVED, that having considered a communication from the Depart- ment of Law dated January 7, 1975, submitted pursuant to Council resolu- tion #665-74, approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire for right-of-way purposes the following described property from the owner thereof: The easterly 443.00 feet of the parcel described as the North 4 acres of the E. 1/2 of the N. E. 1/4 of the S. W. 1/4 of Section 15, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; that the terms and conditions upon which this acquisition is authorized are as follows: 1. that the purchase price shall be in the amount of $600.00; 2. that a sum not to exceed $7.23 is hereby authorized to be expended for the proration of city, school and county taxes, and the sum of $35.00 for the purchase of a title insurance policy; 3. that the foregoing amounts are hereby authorized to be expended from the Motor Vehicle Highway Fund (Major Roads), and 4. that 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: McCann, Raymond, Bennett and Nash. NAYS: None. At the direction of the Chair, the item on the agenda with respect to Petition No. 73-11-8-48P of Bruce Pennell to construct addition to existing building and removing two existing buildings on South side of Six Mile Road, East of Middle- belt in Section 13, was removed, and will be considered at the Study Session to be conducted on January 27, 1975. 14752 By Councilman McCann, seconded by Councilman Raymond, it was #38-75 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 17, 1974 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on December 16, 1974, after due notice as required by Section 2-507 of said Code, and careful consideration 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 (1) a street lighting system, (2) ornamental street lighting with underground wiring in Madonna Estates Subdivision No. 3, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improve- ment 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 the improve- ment as set forth in said statement dated October 17, 1974; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improve- ment shall be paid in annual installments, according to said statement; (6) 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 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan being more particularly described as Lots 52 through 74, both inclusive of Madonna Estates Subdivision No. 3. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated October 17, 1974; and 14753 (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, 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 pursuant to Title 2 Chapter 5 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Raymond and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Raymond, it was #39-75 RESOLVED, that the City Engineer having filed with the City Clerk a statement received by the office of the City Clerk on October 22, 1974 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on December 16, 1974, after due notice as required by Section 2-507 of said Code, and careful consideration 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 (1) a street lighting system, (2) ornamental street lighting with underground wiring in St. Mary Estates Subdivision, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement 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 the improve- ment as set forth in said statement dated October 22, 1974; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: 14754 A special assessment district located in the S.E. 1/4 of Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as Lots 1 through 51 both inclusive of St. Mary Estates Subdivision, City of Livonia, Wayne County, Michigan. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated October 22, 1974, and; (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, 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 pursuant to Title 2 Chapter 5 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Raymond and Nash. NAYS: Bennett. The President declared the resolution adapted. By Councilman McCann, seconded by Councilman Bennett, it was #40-75 RESOLVED, that having considered a communication dated October 2, 1974, from the City Planning Commission, which sets forth its resolution No. 9-186-74, with regard to Petition No. 74-6-6-4, concerning a request to amend Section 17.03(c) of the M-2 District Regulations, Uses Prohibited, of Ordinance No. 543, as amended, the Zoning Ordinance, so as to require review by the City Planning Commission, and approval of the City Council of certain prohibited uses, and the Council having conducted a public hearing with regard to this matter on December 16, 1974, pursuant to Council Resolution No. 817-74, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 74-6-6-4 is hereby approved and granted, and 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: McCann, Bennett and Nash. NAYS: Raymond, The President declared the resolution adopted. X4755 By Councilman Bennett, seconded by Councilman McCann, it was #41-75 RESOLVED, that having considered a communication dated October 1, 1974, from the City Planning Commission, which sets forth its resolution No. 9-182-74, with regard to Petition No. 74-8-1-25, submitted by the said Planning Commission on its own motion for a change of zoning on property located south of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, from RUF to P, and the Council having conducted a public hearing with regard to this matter on December 16, 1974, pursuant to Council Resolution No. 817-74, the Council does hereby determine to concur in the recommendation of the Planning Commission and the said Peti- tion No. 74-8-1-25 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: McCann, Bennett, Raymond and Nash. NAYS: None. Councilman Bennett gave first reading to the following Ordinance : AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 74-7-3-10) The foregoing Ordinance, when adopted, is filed in the office of the City Clerk and 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 Bennett, seconded by Councilman McCann, and unanimously adopted, it was #42-75 RESOLVED, that having considered a communication from Mr. Walter H. Legleitner, 14129 Knolson, Livonia, Michigan 48154, wherein a request is made for the vacating of a public walkway adjacent to and south of Lot No. 42, Tiffany Park Subdivision, Section 19, the Council does hereby determine to refer the same to the City Planning Commission in accordance with provisions of Law and City Ordinance. By Councilman McCann, seconded by Councilman Raymond, it was 14756 #143-75 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 24, 1974 on all matters required by Section 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 13, 1975, after due notice as required by Section 2-507 of said Code, and careful consideration 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 (1) a street lighting system, (2) ornamental street lighting with underground wiring in Bainbridge Courts Subdivision, part of Beverly Gardens Subdivision and part of Beverly Gardens Subdivision No. 1, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement 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 the improvement as set forth in said statement dated October 24, 1974; (4) determine that the cost of such improvement shall be paid by special assessment upon the property 1 especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) 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 N. W. 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan being more particularly described as lots 1 through 47, both inclusive of Bainbridge Courts Subdivision and lots 54 through 92, both inclusive, of Beverly Gardens Subdivision and lots 345 through 356, both inclusive, of Beverly Gardens Subdivision No. 1. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated October 24, 1974; and 14757 (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, 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 pursuant to Title 2 Chapter 5 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Raymond and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #44-75 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. 5.2934, M.C.L.A. 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 10, 1975, at 8;90 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items : 1. Petition No. 74-7-1-20 submitted by Lidia Veri for a change of zoning of property located on the south side of Five Mile Road between Santa Anita and Cavell in the Northeast 1/4 of Section 24 from RUF to R-7, the City Planning Commission having in its resolution No. 11-233-74 recommended to the City Council that Petition No. 74-7-1-20 be denied, 2. Petition No. 74-9-1-28 submitted by Charles S. Sizemore for Trinity Baptist Church for a change of zoning on property located north of Six Mile Road, east of Haggerty Road in the Southwest 1/4 of Section 7, from R-5 to P.S. and R-9-III, the City Planning Commission having in its resolution No. 11-231-74 recommended to the City Council that Petition No. 74-9-1-28 be approved; 3. Petition No. 74-10-1-33 submitted by the City Planning Commission on its own motion for a change of zoning of property located east of Wayne Road between Six Mile Road and Curtis Avenue in the Southwest 1/4 of Section 9, from R-4-B to P.L., the City Planning Commission having in its resolution No. 11-224-74 recommended to the City Council that Petition No. 74-10-1-33 be approved, 14758 4. Petition No. 74-10-1-34 submitted by the City Planning Commission on its own motion for a change of zoning of property located north of Seven Mile Road between Gill Road and Wayne Road, if extended, in the Southwest 1/4 of Section 4, from RUF-B to P.L., the City Planning Commission having in its resolution No. 11-225-74 recommended to the City Council that Petition No. 74-10-1-34 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 Ordinate, 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 performance of this resolution. By Councilman Bennett, seconded by Councilman McCann, it was #45-75 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated January 7, 1975, and submitted pursuant to Council Resolution No. 653-74, with regard to a communication from the Superintendent of Parks and Recreation dated July 24, 1974, with respect to standards and guidelines for the use of the city-ownednq:bile stage, the Council does hereby determine to adopt the following policy statement establishing standards, guideline requirements and priorities for the future use of the City-owned Mobile Stage: 1. Since the mobile stage was purchased for the primary purpose of serving the citizens of Livonia for programs authorized and conducted by the city through its Parks and Recreation Department or other departments, these activities shall be afforded preference in order of priority of use. 2. Livonia civic, non-profit groups may rent the mobile stage upon agreement to pay the costs of moving and manning the stage and upon approval of the Parks and Recreation Commission. Such groups include civic associations, service clubs, veteran organizations and the like. 3. Governmental units surrounding Livonia may rent the stage upon agreement to pay the costs of moving and manning the stage or upon agreement to move or man the stage at their own expense and upon approval of the Parks and Recreation Commission. 14759 4. The costs of manning the stage shall be construed as meaning the cost of providing a full-time city employee to open and close the stage and to super- vise its use while open. 5. The using organization shall provide adequate liability and property damage insurance subject to approval by the Department of Law. 6. A cash deposit of $50 shall be paid to the city to be credited against the total rent charged. 7. Full payment of all costs must be made within 15 days. A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Bennett, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #46-75 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated January 7, 1975, and submitted pursuant to Council Resolution No. 762-74, with regard to a communication from the Department of Law dated September 17, 1974, which transmits a proposed amendment to Section 4-121 (Alarm System Ordinance) of the Livonia Code of Ordinances, the Council does hereby determine to refer this matter to the Department of Law for the purpose of incorporating changes suggested by the Legislative Committee, the same to be thereafter submitted to Council for its consideration. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8-242 OF TITLE 8, CHAPTER 2 (MIS- DEMEANOR ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 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 McCann, seconded by Councilman Raymond, it was 14760 #47-75 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated Janimary 8, 1975, submitted pursuant to Council Resolution No. 919-74, with regard to a communication from the Livonia Housing Commission dated November 12, 1974, which trans- mits the Livonia Housing Commission 1975 budget, the Council does hereby determine to approve the same; further, the Council requests that hereafter all future operating budgets of the Livonia Housing Commission be submitted to Council for its review and consideration no later than September 15 of each year. A roll call vote was taken on the foregoing resolution with the following result— AYES: esult.AYES: McCann, Raymond, Bennett and Nash. NAYS: None. The Financial Reports for the period ending June 30, 1974, as transmitted by the Director of Finance under date of July 22, 1974, for the General, Concession, Golf Course, Ice Rink, Swimming, Municipal Refuse Disposal System, Federal Revenue Sharing, Water and Sewer Funds, were received and filed for the information. The Financial Reports per the periodending October 31, 1974, for the General, Concession, Golf Course, Ice Rink, Swimming Pool, Municipal Refuse Disposal System, Federal Revenue Sharing, and Water and Sewer Funds, were received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Raymond, it was #48-75 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated January 8, 1975, and submitted pursuant to Council Resolution No. 770-74, with regard to a communication from the Superintendent of Operations dated August 29, 1974, wherein it is recommended that Section 2-214 of the Finance Ordinance be amended relative to the $10.00 limitation presently provided for therein, the Council does hereby determine to take no further action with respect to this matter at this time. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Raymond, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #49-75 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated January 8, 1975, and submitted pursuant to Council Resolution No. 713-74, with regard to a request submitted by Northwestern Guidance Clinic for a contribution in the amount 14761 of $500.00 by way of financial support for its program, the Council does hereby determine to take no further action with respect to this matter at this time. A roll call vote was taken on the foregoing resolution with the following result* AYES: McCann, Raymond, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #50-75 RESOLVED, that the City of Livonia Property Taxes may be paid at, and accepted by, the Detroit Bank-Livonia, during the authorized periods specified on the tax bills, or during periods specified in writing to the Bank by the City Treasurer, for each tax year during which this resolution remains in effect; THAT property owners, mortgagees and their representatives may make payments of taxes, not then past due, to said Bank, which tax bills shall be marked paid in a manner approved by the City Treasurer; THAT said Bank shall receive payment only for the full amount of the said taxes as stated in the tax bill. In the event that any payment hereunder is made to said Bank otherwise than by a cash payment, and the instrument by which payment is made proves to be uncollectible, such tax payment shall be canceled by the Bank, and the Bank shall be reimbursed and relieved of any and all liability to the City of Livonia and/or the taxpayer for the amount of such purported tax payment; THAT all tax monies paid hereunder to said Bank shall be accepted by the Bank for deposit to the credit of a demand account to be established by the City Treasurer, THAT said Bank shall, upon proper request by the City Treasurer, forward to the City Treasurer: all duplicate paid tax bills for which payment has been received, with a duplicate deposit ticket or other form of receipt for the full amount of taxes paid, and a list showing the tax- bill item number appearing on each paid tax bill and the amount for which such tax bill was receipted; THAT said Bank is empowered to receive the payment of taxes as set forth in this Resolution, THAT the foregoing resolutions shall remain in full force and effect until written notice of their amendment or rescission shall have been received by the Bank or City Treasurer. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Raymond, Bennett and Nash. NAYS: None. 14762 By Councilman McCann, seconded by Councilman Raymond, it was #51-75 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated January 8, 1975, the Council does hereby determine that all approved General Depositories, as well as Collecting Agents for taxes and water bills, shall hereafter be subject to annual review and approval by the City Council no later than September 1 of each year; and in this regard the Finance Director is hereby requested to submit an annual request to all such designated institutions for a copy of their respective annual reports for the information of the City Council; further, the City Treasurer is hereby requested to submit to Council a quarterly report relative to all deposits of the City of Livonia in all of its general depositories which sets forth in detail amounts on deposit and interest earning thereon, and all prior resolutions are hereby amended, revised and changed to the extent necessary to conform to the action taken herein. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Raymond, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #52-75 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated January 8, 1975, and submitted pursuant to Council Resolution No. 461-74, with regard to a communication from the Building Code Board of Appeals dated May 17, 1974, wherein a request is made for an adjustment in the compensation received by members of the Building Code Board ofAppeals, the Council does hereby determine that commencing with the effective date of this resolution, members of the Building Code Board ofAppeals shall each receive compensation at the rate of $15.00 per meeting attended. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Raymond, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #53-75 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. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was 14763 #54-75 RESOLVED, that having considered a communication from the Water and Sewer Board dated January 10, 1975, approved for submission by the Mayor, and which transmits its resolution No. WS 1994 1/75, the Council does hereby determine op refer the same to the Water and Sewer Committee for its report and recommendation. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was #55-75 RESOLVED, that having considered a communication from the Water and Sewer Board dated January 10, 1975, approved for submission by the Mayor, and which transmits its resolution No. WS 1994 1/75, the Council does hereby determine to refer the same to the Water and Sewer Committee for its report and recommendation. The communication dated January 15, 1975 from R. L. Jones & Associates, Inc., with regard to the "Welfare & Pension Act and Public Official Liability", was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Raymond, it was #56-75 RESOLVED, that having considered a communication from the City Engineer dated December 27, 1974, approved by the Director of Public Works and the Department of Law and approved for submission by the Mayor, to which is attached a communication dated December 10, 1974, from the Board of Wayne County Road Commissioners and which transmits an original and four copies of an agreement concerning Urban Systems Project for Six Mile Road, Farmington Road to East of Inkster Road, and Inkster Road, I-96 to Five Mile Road, within the City of Livonia, which projects and the estimated cost thereto are described as follows : 1. Six Mile Road, Farmington to East of Inkster, to be widened to 5 lanes; total project cost estimated at $4,482,500; City's share estimated to be $469,200; and 2. Inkster Road, Five Mile to I-96, to be widened to five lanes; total cost estimated at S1,302,500; City's share estimated at $71,070; the Council does hereby determine to approve of the said projects and the City's participation in the financial cost of same and for this purpose does hereby appropriate the sum of S540,270.00 from the City's Motor Vehicle Highway Fund (Major Road Account) for this purpose; further, the Mayor and City Clerk are hereby authorized to execute the agreements for subject project in behalf of the City of Livonia; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. . roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Raymond, Bennett and Nash. NAYS: None. 14764 By Councilman Raymond, seconded by Councilman McCann, it was #57-75 RESOLVED, that having considered the communication from the Director of Finance, the Chief of Police and the Superintendent of Opera- tions, dated January 22, 1975, approved for submission by the Mayor, the Council does hereby determine to appropriate and transfer the sum of $54,650 from the Unexpended Fund Balance Account to the following accounts in the following amounts: Police Department, Account No. 304-970 $40,500 15 cars less trade-ins Equipment Maintenance, Account No. 464-970 14,150 3 cars, 3 pickups less trade-ins Total $54,650 for the purpose of replacing fifteen additional cars in the Police Depart- ment and three cars and three pickups in the Equipment Maintenance Division. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Raymond, Bennett and Nash. NAYS: None. On motion of Councilman McCann, seconded by Councilman Bennett, and unani- mously adopted, this 802nd regular meeting of the Council of the City of Livonia was duly adjourned at 9:37 p. m., January 22, 1975. ADDISON J.Cr.:71J Cit Clerk.