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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-09-13 13211 MINUTES OF THE SEVEN HUNDRED FORTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 13, 1972, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:10 P. M.. Councilman Milligan delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Virginia G. Handzlik, Deputy City Clerk; Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works; John T. Dufour Superintendent of Parks and Recreation; Stanley Bien, Chief Librarian; G. E. Siemert, City Engineer; John Nagy, City Planner; H. L. Bridges, Assistant City Assessor; James Miller, Personnel Director; Jack Dodge, Budget Director; Theodor P. Krauss, Personnel Analyst; Thomas J. Griffiths, Jr., Chief Accountant; and John M. Gibbons of the Housing Commission. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #801-72 RESOLVED, that the minutes of the 742nd regular meeting of the Council of the City of Livonia, held August 30, 1972, are hereby approved. The Preliminary Budget for the Fiscal Year ending November 30, 1973, as submitted by the Mayor under date of September 7, 1972, was received and filed for the information of the Council. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 6 CHAPTER 1 (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING PARAGRAPH (c)-4 OF SECTION 6-102 THEREOF, AND ADDING PARAGRAPH (x) TO SECTION 6-171 THEREOF. 13212 LA roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman McCann, seconded by Councilman Bennett, it was #802-72 RESOLVED, that having considered a communication dated August 21, 1972 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. Albert E. Peterson, 20014 Sunset Blvd., Livonia, Michigan 48152, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordi- nance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed split and combination of Tax Items 02F7b and 02F8a would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of splitting and combin- ing of same into three parcels, the legal descriptions of which shall read as follows: Parcel "A" The North 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 2, except the West 150.0 feet thereof and also except the East 30.0 feet thereof and also except the South 20 ft. thereof. , T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Parcel "B" A parcel of land being a part of the West 1/2 of the East 1/2 of the northwest 1/4 of Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Commencing at the intersection of the north line of Section 2 with the west line of the east 1/2 of the NW 1/4 of Section 2; thence east along the north line of said Section 2, 296.85 ft. to a point on the northerly extension of the westerly line of Milburn Ave. (60 ft. wd.); thence southerly along the westerly line of Milburn Ave., 1468.43 ft. to a point, said point being the northeasterly corner and the point of be- ginning of the parcel herein described, thence westerly along a line 20 ft. north of and parallel to the north line of the south 1/2 of the NW 1/4 of the NW 1/4 of the SE 1/4 of L the NW 1/4 of said Section 2, 145.27 ft. to a point; thence southerly 141.64 ft. to a point; thence easterly 145.12 ft. to a point on the westerly line of Milburn ave.,; thence northerly along the westerly line of Milburn Ave., 141.55 ft. to the place of beginning, containing 0.47 acres of land, more or less. Parcel "C" 13213 A parcel of land being a part of the West 1/2 of the East 1/2 of the Northwest 1/4 of Section 2, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan,more particularly described as: Commencing at the intersection of the north line of section 2, with the west line of the east 1/2 of the NW 1/4 of Section 2; thence east along the north line of said Section 2, 296.85 ft. to a point on the northerly extension of the wester- ly line of Milburn Ave., (60 ft. wd.); thence southerly along the westerly line of Milburn Ave., 1468.43 ft. to .a point, thence westerly along a line 20 ft. north of and parallel to the north line of the south 1/2 of the NW 1/4 of the NW 1/4 of the SE 1/4 of the NW i/4 of said Section 2, 1.45.27 ft. to a point; thence southerly 20 ft. to a point on the north line of S. 1/2 of NW 1/4 of NW 1/4 of SE 1/4 of NW 1/4 of Section 2, said point being the northeasterly corner and the point of beginning of the parcel herein described; thence westerly along the north line of the South 1/2 of the NW 1/4 of the NW 1/4 of. the SE 1/4 of the NW 1/4 of said Section 2, 120.0 ft. to a point on the easterly line of Sunset Blvd. (60 ft. wd.); thence southerly along the easterly line of Sunset Blvd., 165.53 ft. to a point; thence easterly along the south line of the South 1/2 of the NW 1/4 of the NW 1/4 of the SE 1/4 of the NW 1/4 of said Section 2, 132.54 ft. to a point; thence northerly 43.83 ft. to a point; thence wester- ly 12.57 ft. to a point; thence northerly 121.64 ft. to the place of beginning, containing 0.46 acres of land, more or less, 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #803-72 RESOLVED, that having considered a communication dated August 28, 1972 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Miss Nina Biglow, 32414 Pembroke, Livonia, Michigan 48152, 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, as amended, the City of Livonia Zoning Ordinance, the Council does hereby find that the proposed split and combination of Tax Items 03a124b,125b would not be contrary to the spirit and purpose of the aforesaid ordinance, and does accordingly, approve of splitting and combining of same into four parcels, the legal descriptions of which shall read as follows : 13214 LParcel "A" The West 90' of East 335.60' of Lot 124 and the West 90' of East 335.60' of Lot 125 of Folker's Farmington Acres Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Parcel "B" The West 110' of East 245.60' of Lot 124 and the West 110' of East 245.60' of Lot 125 of Folker's Farmington Acres Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Parcel "C" The East 135.60' of Lot 124 of Folker's Farmington Acres Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Parcel "D" The East 135.60' of Lot 125 of Folker's Farmington Acres L Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. Councilman Bennett gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 7-108 OF ARTICLE 1 OF CHAPTER 1 (BUILDING CODES) OF TITLE 7 OF THE LIVONIA CODE OF ORDINANCES AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 13215 By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #804-72 RESOLVED, that having considered a communication from the Depart- ment of Law dated August 1, 1972, approved for submission by the Mayor, which submits a proposed amendment to the Livonia Code of Ordinances (Business Licenses) which would purport to regulate and license outdoor assemblies, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. By Councilman Bennett, seconded by Councilman Brown, it was #805-72 RESOLVED, that having considered a communication from the Personnel Director dated August 18, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on August 15, 1972 wherein the Commission did recommend that payment be made to the firm of Milmet & Vecchio, Attorneys at Law, for certain legal services rendered to the City in connection with collective bargaining with employee organizations for the period September 1, 1971 to July 31, 1972, as well as for expenses and disbursements for the period November 14, 1970 to June 30, 1972, the Council does hereby determine to concur in part and approve the said recommendation in part with respect to the payment of the sum of $5,190.00 for legal services rendered for the period September 1, 1971 to July 31, 1972 to the aforesaid Milmet & Vecchio, Attorneys at Law, and for this purpose does hereby authorize the appropria- tion of the sum of $5,190.00 to be transferred from the Unexpended Fund Balance Account to Account No. 237-817; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution; provided further that the Mayor is hereby requested to submit his report and recommendation relative to the expenses and disbursements referred to in the aforesaid communication which presently total $603.46, particularly taking into account Council resolution No. 1102-70, which resolution appears to lack any authorization relative to the same; the Mayor is also requested to submit his report and recommenda- tion on whether or not the present agreement of the City with the said firm of Milmet & Vecchio, Attorneys at Law, should be continued as an "open-end" arrangement in the future. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #806-72 RESOLVED, that having considered a communication from the Budget Director dated August 22, 1972, approved for submission by the Mayor, wherein authorization is requested for the transfer of the sum of $11,287.00 from Account No. 210-706 (Budget-Purchasing Salaries & Wages) to the following departments' printing account in the following amounts: 13216 Account Number Department Amount 111-904 City Clerk $ 1,200 141-904 District Court 3,000 201-904 Accounting 150 210-904 Budget-Purchasing 1,000 246-904 Board of Trustees 12 253-904 Treasurer 1,000 304-904 Police 800 371-904 Inspection 700 441-904 Engineering 1,000 445.1-904 Operations 800 707-904 Parks & Recreation 500 805-904 City Planning 1,000 815-904 Zoning Board 125 $11,287, the Council does hereby determine to approve of the same. A roll call vote was taken on the foregoing resolution with the following result: AYES : Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #807-72 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated August 22, 1972, approved by the Budget Director and approved for submission by the Mayor, wherein the Commission did recommend that bridge class fees be increased to and established at the rate of $10.00 per ten (10) lessons, 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #808-72 RESOLVED, that having considered a communication dated August 15, 1972 from the Mayor, approved by the Budget Director, to which is attached a communication dated August 10, 1972 from the Superintendent of Parks and Recreation, the Council does hereby determine to accept the bid of Baird Fence Co., 23510 Joy Road, Detroit, Michigan, in the amount of $2,295.00 for materials and construction of a four foot cyclone fence to enclose the Mini-Bike Trail on the Archdiocese property located on Lyndon Avenue, North of Ford Field, as well as the construction of a four foot fence on the Southern boundary of the cemetery on Farmington Road, the total footage of 13217 which is 1,600 feet, since the same was in fact the lowest bid received for this item; provided, however, that this action is made subject to and contingent upon obtaining from the Archdiocese of Detroit an appropriate written authorization and/or lease approval for the City's use and operation of a Mini-Bike Trail on the subject property, the same to be approved as to form by the Department of Law. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #809-72 RESOLVED, that having considered a communication from the City Clerk dated September 1, 1972 in connection with bid proposals received for converting the City's manual water billing and collection system to a full computerized system, the nature of which services are "professional", the Council does hereby determine to accept the bid proposal of the Ford Motor Company in connection with the same, since such bid proposal does represent the lowest, complete and detailed received and which would provide the City with the services for the lowest net cost; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder, such contract to be approved as to form by the Department of Law, as well as 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #810-72 RESOLVED, that having considered a letter from the Mayor dated July 25, 1972, relative to the appointment of Mrs. Esther R. Friedrichs, 16277 Southampton Court, Livonia, Michigan, to the City Planning Commission for a term expiring on June 9, 1975, the Council does hereby approve of and concur in the appointment of Mrs. Esther R. Friedrichs, provided that she takes the Oath of Office required in Section 3, Chapter X of the City Charter, administered by the City Clerk. k roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was 13218 #811-72 RESOLVED, that having considered a communication from the City Engineer dated August 15, 1972, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the proposed open- ing and extending of Stark Road from Lyndon Avenue to Five Mile Road in the Northeast 1/4 of Section 21, City of Livonia, the cost of which project is estimated to be in the amount of $280,000.00, the Council does hereby deter- mine to refer the same to the Streets, Roads and Plats Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #812-72 RESOLVED, that having considered a communication from the Depart- ment of Law dated August 16, 1972 and submitted pursuant to Council resolu- tion No. 198-72, to which is attached a communication from the Greenfield Construction Company, Inc. dated August 10, 1972, all of which concerns the proposed right-of-way dedication on Six Mile Road between I-96/1-275 Expressway and Newburgh Road, The Council does hereby determine to refer this matter to the City Planning Director for a status report concerning the development by the owner of property located at both the Northwest and Southwest corners of Six Mile and Newburgh Roads. By Councilman Milligan, seconded by Councilman McCann, it was #813-72 RESOLVED, that having considered a communication from the City Engineer dated August 16, 1972, approved by the Director of Public Works and approved for submission by the Mayor, recommending that the City dedicate and relinquish a certain storm drain easement through the City- owned parksite referred to as Denmar Park in Section 8, City of Livonia, the Council does hereby determine to dedicate and relinquish for storm drain purposes only the following described easement: The W. 12 feet of the N. 440 feet of the following described parcel: The S. 1122 feet of the W. 1/2 of the W. 1/2 of the E. 1/2 of the N.E. 1/4 of Section 8, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel No. O8B2b2). and does further request that the Wayne County Bureau of Taxation record such easement dedication on all maps issued by that office and further, that the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Bureau of Taxation. 13219 A roll call vote was taken on the foregoing resolution with the following result: AYES : Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was #814-72 RESOLVED, that having considered a communication dated August 21, 1972 from the City Planning Commission, which transmits its resolution No. 8-221-72 adopted by the Commission on August 15, 1972 with regard to Petition No. 72-5-2-10 submitted by St. Mary's Orthodox Church requesting permission to erect a church on property located on the east side of Merriman Road between Six and Seven Mile Roads in the Southwest 1/4 of Section 11, as a waiver use on property zoned R-5, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-5-2-10 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. a roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was RESOLVED, that having considered a communication from the Livonia, Housing Commission dated August 4, 1972 which transmits its resolution No. 43-72A wherein it is recommended that the salary of the Director-Secretary of the Livonia Housing Commission be established at a rate of $9,000.00 per year, such salary to be retroactive to and effective commencing from May 1, 1972, the Council does hereby determine to approve of the same. By Councilman Ventura, seconded by Councilman Brown, it was RESOLVED, that the foregoing resolution be amended so as to make the salary rate effective on the effective date of this resolution and to delete from the same the following language: "such salary to be retroactive to and effective commencing from May 1, 1972". A roll call vote was taken on the amendment with the following result: AYES: Milligan, Brown, Ventura and Raymond. NAYS: McCann, Bennett and Nash. The President declared the amendment adopted. A roll call vote was taken on the resolution, as amended, as follows: 13220 #815-72 RESOLVED, that having considered a communication from the Livonia Housing Commission dated August 4, 1972 which transmits its resolution No. 43-72A wherein it is recommended that the salary of the Director-Secretary of the Livonia Housing Commission be established at a rate of $9,000.00 per year, the Council does hereby determine to approve of the same, such rate commencing on the effective date of this resolution. with the following result: AYES: Milligan, Brown, Ventura, and Raymond. NAYS: McCann, Bennett and Nash. The President declared the resolution, as amended, adopted. By Councilman Bennett, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication from the Mayor dated August 25, 1972 to which is attached a communication dated August 23, 1972 from the Livonia Housing Commission, wherein it is recommended that the salary of the Director-Secretary of the Livonia Housing Commission be established at the rate of $12,500.00 per year, the Council does hereby determine to refer this matter 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: Bennett. NAYS: Milligan, McCann, Brown, Ventura, Raymond and Nash. The President declared the resolution DEIFIED. By Councilman Brown, seconded by Councilman Ventura, it was #816-72 RESOLVED, that having considered a communication from the Mayor dated August 25, 1972 to which is attached a communication dated August 23, 1972 from the Livonia Housing Commission, wherein it is recommended that the salary of the Director-Secretary of the Livonia Housing Commission be established at the rate of $12,500.00 per year, the Council does hereby determine to approve of the same, such new salary to take effect on the effective date of the action taken herein, and Council resolution No. 815-72 is hereby repealed and rescinded. " roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was 13221 #817-72 RESOLVED, that having considered a communication from the President of the Senior Citizens Club of Livonia dated August 28, 1972 regarding a proposal by the Steering Committee of the said Club concerning the matter of providing middle income housing for senior citizens in the City of Livonia, the Council does hereby determine to take this means to indicate its support for the broad and general concept involved, reserving the right, however, to exercise its judgment on the merits of such proposals as may be submitted in the future in this regard; further, the Council does also determine to refer this matter to a committee to be composed of the Mayor, a member of the Livonia Housing Commission, a member of the City Council (to be appointed by the President) and a member of the aforesaid Steering Committee of the Senior Citizens Club of Livonia, which Committee is hereby requested to consider all of the ramifications involved in this matter and to thereafter submit a report and recommendation for consideration by the City Council. By Councilman McCann, seconded by Councilman Brown, it was #818-72 RESOLVED, that having considered a communication from the City Clerk dated September 5, 1972, to which is attached a communication from the American States Insurance Company dated August 8, 1972, with regard to damage caused to City-owned property located at 33211 Seven Mile Road, Livonia, Michigan, (the former municipal court building) by the insured party of the aforesaid American States Insurance Company, the Council does hereby determine to authorize the City Clerk to execute the attached release in the amount of $3,921.82 in full settlement and satisfaction for all loss and damage to the said building in the manner recommended in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The following resolution was unanimously introduced, supported and adopted #819-72 RESOLVED, that having considered the request dated August 24, 1972, from Thomas D. Heap, 18376 Norwich Road, Livonia, Michigan, submitted in behalf of the residents of Kimberly Oaks Subdivision, the Council does hereby grant permission to such residents to conduct a Street Dance on Allen Avenue, between Blackburn and Cranston Avenues, from 8:30 P. M. to 12:30 A. M. on the evening of September 15, 1972; and does further request that lighted barricades be provided for this area by the Operations Divi- sion of the Department of Public Works; approval herein granted shall be subject to the approval of the Police Department. By Councilman McCann, seconded by Councilman Bennett, it was #820-72 RESOLVED, that having considered the communication from the Depart- ment of Law, dated September 5, 1972, submitted pursuant to council resolu- tion #654-72, transmitting for Council acceptance certain deeds which convey land to the City which is to be utilized in connection with the Plymouth Road Parking Program and which deeds are more particularly described as: 13222 Warranty Deed dated August 31, 1972 executed by Millard R.McNamee and Emily McNamee, his wife, and a Quit Claim Deed dated August 31, 1972 executed by Gino Agosta and Barbara Agosta, his wife, each conveying: Lot 21, Rosedale Gardens No. 1 Subdivision, as recorded in Liber 56, Page 59, Wayne County Records, said subdivision being a part of the North 1/2 of the Northeast 1/4 of Section 34, Town 1 South, Range 9 East, Livonia Township (now City of Livonia), Wayne County, Michigan. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty Deed and 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. roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY AMENDING ARTICLE XXVIII THEREOF. Petition 72-4-6-8) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY AMENDING SECTION 17.02 OF ARTICLE XVII THEREOF.JPetition 72-3-6-7) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 13223 Councilman Ventura gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 22 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 3. THERETO. RE: PETITION NO. 72-3-1-16 FOR CHANGE OF ZONING FROM P. L. TO P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 35 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 ORDI- NANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 72-4-1-21 FOR CHANGE OF ZONING FROM RUF TO P. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION :20 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDI- NANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 72-3-1-13 FOR CHANGE OF ZONING FROM C-1 AND R-2 TO P.S. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that the Council does hereby request the Department of Law to propare a revised Ordinance in connection with this matter, so as to delete a portion of Tax Parcel E2a2a1 from the area being rezoned to P.S.; and the City Planner is requested to propare a revised map in accordance with this resolution. 13224 A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Ventura and Raymond. NAYS: McCann, Bennett, Brown and Nash. The President declared the resolution DENIED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 21 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. 72-6-1-19 FOR CHANGE OF ZONING FROM R-2 TO P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #821-72 RESOLVED, that having considered a communication dated August 17 1972 from Jim Lyos which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on August 15, 1972 IT the City Planning Commission in its resolution No. 8-209-72 with regard to Petition No. 72-6-2-16 submitted by James Lyos, Flag's Restaurant, requesting permission to construct a restaurant as a waiver use on property zoned C-2 and located on the west side of Merriman Road, north of Five Mile Road in the Southeast 1/4 of Section 15, the Council does hereby designate Monday, October 30, 1972 at 8:00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such 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. 13225 By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #822-72 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, October 30, 1972 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. 72-7-1-37 submitted by Harold Fischer for Elsner & Antonishek for a change of zoning of property located on the north side of Ann Arbor Trail between Levan and Wayne Roads in the Southeast 1/4 of Section 32, from RUF to R-7, the City Planning Commission having in its resolution No. 8-208-72 recommended to the City Council that Petition No. 72-7-1-37 be approved; 2. Petition No. 72-6-1-33 submitted by Ellsworth K. Hanlon for Rouge Employees Credit Union for a change of zoning of property located on the northwest corner of Plymouth Road and Globe in the Southwest 1/4 of Section 29, from M-1 to C-1, the City Planning Commission having in its resolution No. 7-188-72 recommended to the City Council that Petition No. 72-6-1-33 be denied; 3. Petition No. 72-6-1-34 submitted by Joseph St. Cyr for Christ C. Mugianis for a change of zoning of property located on the south side of Plymouth Road between Levan and Yale in the Northeast 1/4 of Section 32, from RUF to P, the City Planning Commission having in its resolution No. 7-189-72 recommended to the City Council that Petition No. 72-6-1-34 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 to cause to have a. statement indicating the 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 McCann, seconded by Councilman Bennett, it was 13226 #823-72 RESOLVED, that having considered the report and recommendation dated August 8, 1972 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. 35-72,adopted on January 5, 1972, so as to further reduce the Financial Assurances now on deposit with the City for general improvements in Livonia Mall Estates Subdivision to $40,300.00 of which at least $4,030.00 shall be in cash, to cover the cost of remaining improvements in said subdivision, and the Financial Assurances now on deposit with the City, if any, shall be reduced according- ly; further, the Financial Assurances now on deposit with the City for Sidewalk Improvements shall remain the same and unchanged; 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #824-72 RESOLVED, that having considered the report and recommendation dated August 21, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Council Resolution No. 806-71 so as to release the Letter of Credit requirement in the amount of $1,870.00 for insuring the installation of Survey Monuments now on deposit with the City; provided, however, that Financial Assurances now on deposit with the City for General Improvements and for Sidewalk Improvements shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. (Parkridge Subdivision) A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, it was #825-72 RESOLVED, that having considered the report and recommendation dated August 22, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Council Resolution No. 768-71 so as to release the Letter of Credit requirement in the amount of $1,775.00 for insuring the installation of Survey Monuments now on deposit with the City; provid- Led, however, that Financial Assurances now on deposit with the City for General Improvements and for Sidewalk Improvements shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. (Tiffany Park Subdivision No. 6) 13227 A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #826-72 RESOLVED, that having considered the report and recommendation dated August 28, 1972 from the City Engineer, approved by the Director of Public Works and the Chairman of the Water and Sewer Board and approved for submission by the Mayor, the Council does hereby accept the Unit Price Bid of Imperial Construction Company Inc., 16098 Forest, East Detroit, Michigan, for installing the Fitzgerald Avenue Sanitary Sewer Extension in Section 5, City of Livonia, in accordance with plans and specifications as prepared by the Engineering Division for the estimated total cost of $47,530.40, based on the Engineering Division's estimate of units of work involved and subject to the Final Payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work, and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as constructed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or iirincidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #827-72 RESOLVED, that having considered a communication dated August 28, 1972 from the City Planning Commission, which transmits its resolution No. 8-212-72 adopted by the Commission on August 15, 1972 with regard to Petition No. 72-7-2-18 submitted by E. Frank Craver requesting permission to construct a funeral home as a waiver use on property zoned P.S. located on the north side of Five Mile Road between Doris and Oporto in the South- east 1/4 of Section 14, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-7-2-18 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was 13228 #828-72 RESOLVED, that having considered a communication from the City Planning Commission dated August 29, 1972, which transmits its resolution No. 8-216-72 adopted by the Commission on August 15, 1972 with regard to Petition No. 72-7-8-12, submitted by James P. Lawson requesting use and site plan approval for an enclosed tennis facility to be located on the east side of Newburgh Road, north of Six Mile Road in Section 8, the Council does hereby, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commis- sion and Petition No. 72-7-8-12 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission. By Councilman Bennett, seconded by Councilman Brown, it was #829-72 RESOLVED, that having considered the report and recommendation dated August 25, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated August 10, 1972, the Council does hereby authorize Final Payment in the amount of $2,887.36 to G. A. Morrison Company, 19366 Allen Road, Trenton, Michigan 48183, which sum includes the full and complete balance due on a contract dated January 10, 1972 in connection with the construction of a pump house situated at the Whispering Willows Golf Course, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor's affidavit,maintenance and guaranty 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. *Councilman Milligan was excused at 9:12 p. m. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #830-72 RESOLVED, that having considered a request dated September 1, 1972 from Richard J. Marshall, President of the Trinity Park Board of Directors, requesting permission to use a sound system in connection with the Open House Dedication for Trinity Park Senior Citizen Apartments to be conducted on September 17, 1972, the Council does hereby grant permission for the use of a sound system for one hour at approximately 3:00 P. M. on September 17, 1972. By Councilman McCann, seconded by Councilman Raymond, it was 13229 #831-72 RESOLVED, that having considered a communication dated September 1, L1972 from the Michigan Liquor Control Commission with regard to an applica- tion from Kenneth J. Morris, Attorney at Law, on behalf of Skippers Table No. 2, Incorporated, Victor DeLuca, President, for a new full year Class C license to be located at 33201 Plymouth Road, Livonia, Michigan, Wayne County, the Council does hereby determine to refer the same to its Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Raymond and Nash. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'no' vote is cast because I believe that the petitioner should have an opportunity to appear and present his plans. The communication from the Engineering Division, dated August 14, 1972, with respect to an agreement between the City of Livonia and the Wayne County Road Commis L _Lon for the Rosedale Gardens Combined Sewer Separation Project, was removed from the Agenda, and will be considered at the next regular meeting of the Council to be conducted on September 27, 1972. The communication from the Department of Law dated August 10, 1972, with respect to the proposed purchase of 60.58 acres in the S. W. 1/4 of Section 6, (Skover property) was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was unanimously adopted, #832-72 RESOLVED, that having considered Petition No. 72-9-3-11 submitted by Donald J. Summers, dated September 5, 1972, wherein a request is made for the vacating of a certain easement located at the northeast corner of Farmington Road and Fargo, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commis- sion for action and recommendation in accordance with provisions of Law and City Ordinance. By Councilman Ventura, seconded by Councilman McCann, and unanimously L adopted, it was #833-72 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 October, 1972: Wednesday, October 11, 1972 Wednesday, October 25, 1972. 13230 By Councilman Ventura, seconded by Councilman. McCann, and unanimously adopted, it was #834-72 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 Brown, it was #835-72 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 114 for the proposed street paving of Vargo Avenue, west of Merriman Road in Section 10, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing hereafter having been held thereon on Monday, September 11, 1972 at 8:00 P. M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 114; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated July 18, 1972, in the amount of $35,361.44 are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 114 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1973. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each install- ment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable Decem- ber 1, 1973 ;nd subsegment installments on December 1st of succeding years; (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by 13231 Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty days (60) from December 1, 1973 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1973 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1973 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner pro- vided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #836-72 RESOLVED, that having considered a communication dated June 16, 1972 from the City Planning Commission which sets forth its resolution No. 6-143-72 with regard to Petition No. 72-4-1-23 submitted by the City Plan- ning Commission on its own motion for a change of zoning on property located at the northeast corner of Terrence and Middlebelt in the Northwest 1/4 of Section 13, from RUF to C-1, and the Council having conducted a public hearing with regard to this matter on September 11, 1972, pursuant to Council resolution No. 631-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-4-1-23 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, Brown, Ventura, Raymond and Nash. NAYS: Bennett. The President declared the resolution adopted. *Councilman Milligan returned at 9:20 p. m. 13232 By Councilman Raymond, seconded by Councilman Brown, it was #837-72 RESOLVED, that having considered a communication from the City Engineer dated September 7, 1972, approved by the Director of Public Works and approved for submission by the Mayor, as well as the recommendation of the Traffic Commission dated July 3, 1972 as set forth in its resolution No. 25-72, and having considered necessity for the installation of a traffic control signal device to be located at the intersection of Newburgh Road and Lyndon Avenue, the Council does hereby authorize the installation of the same; further, the Council does hereby request the Board of Wayne County Road Commissioners to install and maintain the said traffic signal installa- tion on the basis that the City would assume all installation, maintenance and electrical energy costs; further, the Council does hereby authorize the expenditure of the sum of $2,740.00 from the Motor Vehicle Highway Fund (Major Road Account) for this purpose, the same being the estimated cost of the said installation; and further, the City does hereby agree to pay the monthly electrical energy charges for such installation to the Detroit Edison Company upon completion of the same and the City Clerk is hereby requested to make application to the Detroit Edison Company on forms provided by such company for electrical service in connection with this installation, and the City Clerk and City Treasurer are herein authorized to do all things necessary to the full performance of this resolution; and the City Clerk is also requested to send a certified copy of this resolution to the Board of Wayne County Road Commissioners to the attention of the Engineer of Traffic and Safety. roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #838-72 RESOLVED, that having considered a communication dated September 13, 1972 from the City Planning Commission, which transmits its resolution No. 9-230-72 adopted by the Commission on September 5, 1972 with regard to Petition No. 72-7-2-23 submitted by Edward J. Pringelmeir, President of Bel-Men Realty, Inc., requesting permission to locate a real estate office, within an existing structure, as a waiver use on property zoned P.S., located on the east side of Farmington Road, north of Roycroft Avenue in the Southwest 1/4 of Section 15, the Council does hereby concur in the recom- mendation made by the City Planning Commission and Petition No. 72-7-2-23 is hereby approved and granted, based on the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. By Councilman Raymond, seconded by Councilman Ventura, it was #839-72 RESOLVED, that having considered a communication from the Personnel Director, dated September 11, 1972, approved by the Budget Director, 13233 and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on September 5, 1972, wherein the Commission did recommend that an amendment to the Retirement Plan Ordinance be adopted so as to provide a cost-of-living allowance for retirees, in accordance with agreements previously negotiated and agreed to by employee organizations, the Council does hereby determine to concur in and approve of such action; and the Department of Law is hereby requested to prepare the appropriate amendment to the Retirement Plan Ordinance in order to implement the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, this 743rd regular meeting of the Council of the City of Livonia, was duly adjourned at 9:25 P. M. , September 13, 1972. 4. ADDISON W. BAIMICit Clerk.