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HomeMy WebLinkAboutCOUNCIL MINUTES 1978-09-27 17347 MINUTES OF THE EIGHT HUNDRED AND NINETY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 27, 1978, 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 8:05 P. M . Councilman Raymond delivered the invocation Roll was called with the following result: Present--Robert E McCann, Robert F Nash, Gerald D Taylor, Jerry Raymond, Robert D Bennett, Robert R Bishop and Peter A. Ventura Absent--None Elected and appointed officials present: Frances S Stem, Deputy City Clerk; Robert M. Feinberg, Assistant City Attorney; Frank Kerby, Chief Building Inspector; Ronald Mardiros, City Assessor; Robert Osborn, Director of Public Works, G E. Siemert, City Engineer, H. G. Shane, Assistant Planning Deirector; Dennis Swift, Captain, Police Department, John T Dufour, Superintendent of Parks and Recreation; and Joseph Falk of the Planning Commission. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #843-78 RESOLVED, that the minutes of the 890th Regular Meeting of the Council •f the City of Livonia, held September 13, 1978, are hereby approved. The following resolution was unanimously introduced, supported and adopted- #844-78 WHEREAS, Dan Marderosian is a resident of the City of Livonia, a graduate of Bentley High School and a student at Schoolcraft College; and WHEREAS, he has been active in amateur boxing since he was eleven years old, and WHEREAS, he won the Michigan Golden Gloves Championship in 1976 and the Michigan A.A U Championship in 1977 and 1978 in the flyweight division; and WHEREAS, he won his first two matches in the 1978 National Golden Gloves Boxing Championships, competing at 112 pounds, and is currently ranked third in the nation in that weight class; and low WHEREAS, his ambition is to represent the United States in boxing in the 1980 Olympic Games to be held in Moscow, 17348 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia does hereby take this means to congratulate Dan Marderosian for his outstanding accomplishments in amateur boxing and to extend to him their best wishes for future success The President of the Council acknowledged receipt of a veto message from the Mayor, dated September 19, 1978 of Council Resolution #830-78, adopted on September 13, 1978, relative to Petition 78-4-1-20, and declared that the same would be considered at the next Regular Meeting to be conducted on October 11, 1978 By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #845-78 RESOLVED, that having considered a communication from the Director of Finance, dated September 18, 1978, approved for submission by the Mayor with regard to conducting public hearings in connection with general revenue sharing funds, the Council does hereby determine that a Public Hearing shall be conducted on Wednesday, October 11, 1978, at 7.30 P M , at the City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the Proposed Use Report and Budget presented to the City Council by the Mayor for the Fiscal Year December 1, 1978 to November 30, 1979 so that citizens may have the opportunity to provide written and oral comments on the possible uses of such funds at that time; and the City Clerk shall give adequate public notice of the said public hearing in accordance with provisions of law By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #846-78 RESOLVED, that the Council hereby acknowledges receipt of the proposed annual Budget of the City of Livonia for the fiscal year commencing December 1, 1978, as prepared and submitted by the Mayor with the City Clerk on September 15, 1978, and does hereby determine to set a Public Hearing thereon on Monday, October 23, 1978, at 7:30 P M at the City Hall, 33001 Five Mile Road, Livonia, Michigan, in accordance with the provisions of Chapter VII of the City Charter, and the City Clerk shall give notice of such Public Hearing in accordance and pursuant to provi- sions of the City Charter The document prepared by the Planning Commission with respect to Capital Improvement Program 1979-1984 was received and placed on file for the information of the Council. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #847-78 RESOLVED, that having received a communication dated September 27, 1978 from the Attorney, on behalf of his client, with respect to Petition No. 78-1-1-3 for the proposed rezoning of property located west of Harrison 17349 Avenue, south of Six Mile Road in the Northwest 1/4 of Section 13, from 1„ RUF to R-3, and requesting that the proposed request for rezoning to be withdrawn, the Council does hereby determine to take no further action with respect to the same. Councilman Nash took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 18 24 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." RE PETITION 77-8-6-8 A roll call vote was taken on the foregoing Ordinance with the following result. AYES. Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS. None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Nash took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 21 05 OF ARTICLE XXI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." RE PETITION 78-4-6-6 A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #848-78 RESOLVED, that having adopted the Ordinance to authorize by resolution the remuneration of the members of the Zoning Board for attendance at each meeting of the Board, the Council does hereby refer to the Committee of the Whole the question of such compensation. Councilman Bishop took from the table, for second reading and adoption, the following Ordinance 17350 AN ORDINANCE AMELVDING SECTIONS 9 02 AND 9 03 OF ARTICLE IX, SECTIONS 10.02 AND 10.03 OF ARTICLE X, AND SECTIONS 11 02 AND 11 03 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE " RE. PETITION 78-1-6-1 A roll call vote was taken on the foregoing Ordinance with the following result* AYES Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS. None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilman Ventura took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 6-124(1) AND 6-124(2) OF TITLE 6, CHAPTER 1 (TRAFFIC ORDIN- ANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result AYES: Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann NAYS. None The President declared the foregoing Ordinance duly adopted, and would become effective on publication By Councilman Bennett, seconded by Councilman Bishop, ft was #849-78 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated August 30, 1978, which bears the signature of the Finance Director and is approved for submission by the Mayor, with respect to a transfer of funds within the Division of Police budget for the remainder of the 1977-78 fiscal year, the Council does hereby determine to transfer the sum of $38,900 00 from Account No. 101-332-702 (Salaries and Wages) to the following accounts in the following amounts Account Amount Traffic Bureau 101-302-709 Overtime $ 1,800 00 Administration 101-304-904 Printing 2,000.00 Administration 101-304-934 Office Equip Maintenance 500 00 Detective Bureau 101-307-709 Overtime 2,500 00 Auto Services 101-309-751 Gas & Oil 5,000 00 Auto Services 101-309-939 Vehicle Maintenance 15,000 00 Communications 101-310-709 Overtime 1,500.00 Special Services 101-323-709 Overtime 600 00 Patrol Bureau 101-325-709 Overtime 10,000.00 Total $38,900 00 17351 the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Bishop, Nash, Taylor and McCann NAYS. Raymond and Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Taylor, it was #850-78 RESOLVED, that having considered a communication from the City Engineer, dated August 23, 1978, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communica- tion and sketch from the District Traffic and Safety Engineer, Michigan State Highways Department, dated August 10, 1978, with regard to a Safety Improvement Project at the intersection of Ann Arbor Road and Hix Road in cooperation with the Federal Highway Administration and the Michigan Department of State Highways and Transportation, the Council does hereby determine to approve of the City's participation in the cost of the project in the manner set forth in the aforesaid communication, and the Mayor and City Clerk are hereby authorized to execute an agreement for and on behalf of the City of Livonia with the Michigan Department of State Highways and Transportation for the proposed project, and, further, the Council does hereby determine to authorize and appropriate a sum not to exceed $4950 00 to cover the City's share of the project, such appropriation to be made from the 7 9 million dollar General Obligation Road Improvement Bond Issue A roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann NAYS None. By Councilman Ventura, seconded by Councilman Bishop, it was #851-78 RESOLVED, that having considered a communication from the President of the Livonia Historical Commission, dated August 30, 1978, whic, bears the signature of the Finance Director and is approved for submission by the Mayor, with respect to the installation of gas lines for four buildings in the Livonia Historical Village at Greenmead (Church, Store, DUR Waiting Room, Kingsley House) , the Council does hereby determine to authorize the installation of 517' of gas lines by Consumers Power Company from the main line to the Church, Store, DUB Waiting Room and Kingsley House at Greenmead, and, further, the Council does hereby authorize the expenditure of a sum not to exceed $803 80 from the Building Improvement - Historical Restoration Account (101-737-976 120 000) for this purpose A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann NAYS: None 17352 By Councilman Ventura, seconded by Councilman Raymond, it was #852-78 RESOLVED, that having considered a communication from the Depart- ment of Law, dated September 6, 1978, approved by the Finance Director and approved for submission by the Mayor, the Council does hereby determine to authorize the transfer of the sum of $350 00 from the Salaries and Wages Account, No. 101-222-702.000.000 to the following accounts in the following amounts $200 00 to the Auto Allowance Account, No. 101-222-861 010 000, and $150.00 to the Travel and Education Account, No 101-222-846 010 000, the action herein being taken for the reasons indicated in the aforesaid communication A roll call vote was taken on the foregoing resolution with the following result AYES. Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Taylor, it was #853-78 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 31, 1978, and the report and recommendation of the Acting Chief of Police, dated August 22, 1978 in connection there- with, the Council does hereby recommend approval of the request from Tralee, Inc. , for adding space to 1978 Class C Licensed Business with Dance Permit, located at 32826 Five Mile Road, Livonia, Michigan 48154, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann NAYS. None. By Councilman Bennett, seconded by Councilman Taylor, it was #854-78 RESOLVED, that having considered the request of John Dunne, tenant of the premises at 32826 Five Mile Road, Livonia, Michigan 48154 (John Patrick's), in connection with the request to modify Petition 77-8-8-16, as revised, submitted by Eugene F Pulice and approved in Council Resolution. 168-78 on March 1, 1978, the Council does hereby determine to approve of the alteration of the west wall of the subject premises in accordance with a sketch (undated) of W J Honner, Architect, 24370 Northwestern, Southfield, Michigan, and provided further, that all other terms and conditions contained in Council Resolution 168-78 shall remain in full force and effect A roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was 17353 #855-78 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated March 8, 1978, with regard to an application from Mrs Winifred Olivia Garlow Zurek and Mr. Peter Francis Zurek of 30981 Lyndon, Livonia, Michigan, for a new full year Class C license to be located, in Livonia, Wayne County, Michigan, the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request "above all others," such approval being subject to and conditioned upon compliance by the applicant with the following conditions. 1. That the license will be put to use within the City of Livonia within 2 years from the date of issuance by the Michigan Liquor Control Commission. 2. That the license will be used at the location indicated by the applicant in accordance with plans and other communications submitted to the Council 3 That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 4. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. 5. That a police report will be submitted to the Council. In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked except to the extent that the applicant may be permitted to seek modification of condition No. 2 above, upon approval of such modification by the City Council based upon a showing of good cause; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Bishop, Ventura, Taylor and McCann. NAYS. Nash and Bennett. The President declared the resolution adopted By Councilman Nash, seconded by Councilman Taylor, and unanimously adopted, it was #856-78 RESOLVED, that having considered a letter dated September 9, 1978 from certain residents of Antago Avenue with respect to the installation of either a two way or a four way stop sign at the corner of Antago and St. Martins, the Council does hereby determine to refer this matter to the Traffic Commission for its report and recommendation. 17354 By Councilman Nash, seconded by Councilman Ventura, it was #857-78 RESOLVED, that having considered a communication from the City Engineer, dated September 5, 1978, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the construction of storm drains within the City's civic center site, Livonia Drain No. 37, the Council does hereby determine to authorize the Mayor and City Clerk to execute a contract for and on behalf of the City of Livonia with the Livonia Drain No. 37 Drainage Board for the purpose of allowing the City's Engineering Division to complete the engineering for this project. A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Bennett, Bishop, Ventura, Nash, Taylor and. McCann. NAYS. None. By Councilman Bennett, seconded by Councilman Ventura, it was #858-78 RESOLVED, that having considered a communication from Miller, Canfield, Paddock & Stone, the City's bond counsel, dated May 22, 1978, with respect to the proposed approval of the firm of J F Peters & Associates, Inc. as professional engineers to determine value and utility sUbstituted pursuant to Section 13 of the Lease between the City of Livonia and Allied Supermarkets, dated April 1, 1967, the Council does hereby determine to refer this matter to the Department of Law for its opinion as to whether, under the lease between the City and Allied Supermarkets, Inc , the City has the right to approve in advance the selection of the Profes- sional Engineer to whom reference is made in Section 13 of the Lease Agreement A roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Bennett, Bishop, Ventura and Nash. NA.V. Taylor and McCann By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #859-78 RESOLVED, that having considered a communication from the Director of Finance, dated May 3, 1978, approved for submission by the Mayor, and which transmits proposals submitted by lease applicants for the concession stands, bar and/or vending machines located at Whispering Willows Golf Course, Eddie Edgar Ice Arena, Devon-Aire Ice Arena, Ford Field and various other City facilities, the Council does hereby determine to reject all proposals submitted by the lease applicants, and, further, the Council does hereby determine to authorize the return to all applicants of the good faith deposits submitted with their respective proposals; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was 17355 By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #860-78 RESOLVED, that the Council having rejected all proposals submitted with respect to the leasing of concessions at City facilities, does hereby refer to the Committee of the Whole the matter of leasing of City-owned concessions for the purpose of establishing more definitive bid specifica- tions By Councilman Bishop, seconded by Councilman Raymond and unanimously adopted, it was #861-78 RESOLVED, that having considered Petition 78-9-3-11, submitted by Mark K Lee and Paula M Lee, under date of August 29, 1978, wherein a request is made for the partial vacating of an easement located on Lot 33, Smokier-Rousseau Subdivision in Section 32 (36632 Richland, Livonia, Michigan 48150), the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of law and City charter By Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #862-78 RESOLVED, that having considered Petition 78-9-3-15, submitted by Thomas Kolb and Karen Kolb, under date of September 10, 1978, wherein a request is made for the partial vacating of right-of-way located to the rear of Lot 22, Stoneleigh Village Subdivision, in the City of Livonia, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of law and City charter By Councilman Taylor, seconded by Councilman Bennett, and unanimously adopted, it was #863-78 RESOLVED, that having considered Petition 78-9-3-15, submitted by Thomas Kolb and Karen Kolb, under date of September 10, 1978, wherein a request is made for the partial vacating of right-of-way located to the rear of Lot 22, Stoneleigh Village Subdivision, in the City of Livonia, the Council does hereby determine to refer this matter to the Engineering Division for its report and recommendation By Councilman Taylor, seconded by Councilman Bishop, it was #864-78 RESOLVED, that having considered a communication dated September 6, 1978 from the City Planning Commission which transmits its resolution 8-178-78 adopted on August 29, 1978 with regard to Petition 78-7-2-19, submitted by John Del Signore requesting waiver use approval to construct a storage addition to an existing restaurant on property zoned C-2 located on the north side of Plymouth Road between Merriman Road and Hubbard Road in the S E. 1/4 of Section 27, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 78-7-2-19 is hereby approved and granted, such approval to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission 17356 A roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS. None By Councilman Nash, seconded by Councilman Taylor, it was #865-78 RESOLVED, that having considered a communication from Signaltone Corporation, 34039 Schoolcraft Road, Livonia, Michigan 1+8150, dated September 13, 1978, wherein it is indicated that it intends to transfer its facilities from 31+039 Schoolcraft Road, Livonia, Michigan 48150, to a site in the City of Cadillac, Michigan, and which further indicates that Signaltone Corporation desires to obtain an Industrial Development Act, 1974 PA 198, Exemption for the Cadillac facility, the Council does hereby determine to take this means to indicate that the City of Livonia does hereby consent to the granting of the said exemption certificate in the manner and form requested, and the City Clerk 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 resolution with the following result- AYES Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS: Raymond The President declared the resolution adopted By Councilman Ventura, seconded by Councilman Bennett, it was #866-78 RESOLVED that, United Homes, Inc , 24805 Five Mile Road, Detroit, Michigan 48239, as proprietors, having requested the City Council to approv, the proposed preliminary plat of the following subdivision Woodcreek Farms Subdivision No. 3, located in the Southwest 1/4 of Section 15, City of Livonia, the said proposed preliminary plat being dated April 11, 1978, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on April 11, 1978, and it further appearing that such preliminary plat, together with development plans and specifications for improvemenis therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated September 8, 1978, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordinances, es amended, the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such depart- ment; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, 17357 (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 9-122 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the following Cash Payments be made to the City Clerk and a Receipt obtained therefor A Trees $ 1,185 00 B Street Name Signs 100 00 C Traffic Control Signs 200 00 D Street Light Notification Signs 100 00 E Engineering Services (General Improvement and Sidewalks) 1 Plan Review & Administration (1-1/2%) $ 1,504.50 2 Field Inspection (3-1/2%) 3,510 50 5,015 00 F Engineering Services (Grading and Soil Erosion Control) 1 Plan Review 25.00 2 Permit and Inspection 125 00 150.00 TOTAL CASH PAYMENTS . . $6,750.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Sub- division Regulations; (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as shall be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts, such deposits to be deposited in the office of the City Clerk 17358 A General Improvement Bond - $104,000.00, of which at least 10,000.00 shall be in cash B Sidewalk Bond 6,500.00, of which at least 3,250 00 shall be in cash C Grading and Soil Erosion Control Bond - 1,500 00, of which at least 500.00 shall be in cash D Monuments and Lot Markers - $830 00 cash. E. Development of Greenbelt and Areas & Entrance Markers 17,000 00, of which at least 3,500.00 shall be in cash (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City Ordinances. A roll call vote was taken on the foregoing resolution with the following result AYESRaymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS None The following resolution was unanimously introduced, supported and adopted: #867-78 WHEREAS, it has been brought to the attention of this Council that the Wayne County Road Commission has recently adopted a policy which con- templates the elimination of many maintenance services heretofore under- taken by the Commission on mile roads which traverse the City of Livonia, and WHEREAS, this new policy includes the elimination of all mowing of weeds on the berms of County-maintained roads, and WHEREAS, the Wayne County Road Commission is abrogating a duty which is its responsibility and for which taxes are paid by the residents of this community, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia does hereby take this means to object to this new policy of the Wayne County Road Commission and further does hereby request the Commis- sion to reconsider its present position and to explore all other available alternatives in order to continue a fair delivery of services to the tax- payers of Wayne County in general and of the City of Livonia in particular, AND, BE IT FURTHER RESOLVED, that a true copy of this resolution be forwarded to the Wayne County Road Commission, the Wayne County Board of Commissioners and to Mary Dumas, our representative on that Commission. 17359 The following resolution was unanimously introduced, supported and adopted. #868-78 WHEREAS, the appearance of the I-96 Expressway as it traverses Redford Township and the City of Livonia is abominable due to the accumula- tion of trash, debris and uncut weeds, both within the Expressway itself and along the service drives, and WHEREAS, in some areas trash strewn along the highway is a menace to motorists, and WHEREAS, fences, barriers and signs along the service drives are in a state of disrepair, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia does hereby take this means to join with Wayne County Commis- sioner Richard Manning in expressing its displeasure with the quality of maintenance currently being afforded the 1-96 Expressway, AND, BE IT FURTHER RESOLVED, that this Council does hereby request that the Michigan State Highway Department and the Wayne County Road Commis sion take whatever steps are necessary to repair and improve the I-96/275 corridor, AND, BE IT FURTHER RESOLVED, that a true copy of this resolution be sent to State Senator Robert Geake, State Representatives Robert Law and Jack Kirksey, Wayne County Commissioner Mary Dumas, Wayne County Commis- sioner Richard Manning, John P Woodford, Director of State Highways and Transportation, Michael Berry, Chairman, Board of Wayne County Road Commissioners, Wayne County Board of Commissioners, and Peter B Fletcher, Chairman of the State Highway Commission By Councilman Nash, seconded by Councilman Taylor, it was #869-78 WHEREAS, the City of Livonia has issued its City of Livonia, Michigan, Revenue Bonds (Allied Supermarkets, Inc ) Series A - 6% - date of issue 1967, and WHEREAS, State of. Michigan Public Act No 354 of the Public Acts of 1972, as amended, provides for the replacement or payment without presentation of lost, destroyed or wrongfully taken bonds or other evidence of indebtedness issued by public corporations, and WHEREAS, the City Clerk has been advised by Bradford Trust Company of New York, New York that Bond No 6222, at the principal amount of $5,000 00 each, due April 1, 1997, coupons only due 4-1-78 and 10-1-78, in the name of Arthur J Roy have been lost or destroyed in error, and WHEREAS, subject to the provisions of this resolution the City Council deems it advisable and necessary to make provisions for payment of said Bond Coupons, ims NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Clerk shall provide for the payment of said Bond Coupons without the surrender thereof and without issuing duplicate Bond Coupons to the Bradford Trust Company, said payment to be made only, how- ever, from funds in the Bond Redemption Fund Account, established for this purpose. 17360 2. The said Bond Coupons shall not be paid until there shall have been provided proof of ownership and proof of loss of said Bond Coupons satisfactory to the City Clerk and City Attorney a lost security bond or other bond of indemnity indemnifying the City of Livonia, Allied Super- markets, Inc. and Bradford Trust Company against any loss that may be occasioned from the payment of said Bond Coupons. 3 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann NAYS None. By Councilman Nash, seconded by Councilman Taylor, it was #870-78 WHEREAS, the City of Livonia has issued its City of Livonia, Michigan, Revenue Bonds (Allied Supermarkets, Inc ) Series A - 6% - date of issue 1967, and WHEREAS, State of Michigan Public Act No 354 of the Public Acts of 1972, as amended, provides for the replacement or payment without presentation of lost, destroyed or wrongfully taken bonds or other evidence of indebtedness issued by public corporations, and WHEREAS, the City Clerk has been advised by Bradford Trust Company of New York, New York, that Bond No 1127, at the principal amount of $5,000 00 each, due April 1, 1987, Coupon #17 only, $145 00, due 10-1-75, in the name of Alfred E Seyler have been lost or destroyed in error, and WHEREAS, subject to the provisions of this resolution the City Council deems it advisable and necessary to make provisions for payment of said Bond Coupons, NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Clerk shall provide for the payment of said Bond Coupon without the surrender thereof and without issuing duplicate Bond Coupon to the Bradford Trust Company, said payment to be made only, however, from funds in the Bond Redemption Fund Account, established for this purpose 2 The said Bond Coupon shall not be paid until there shall have been provided proof of ownership and proof of loss of said Bond Coupon satisfactory to the City Clerk and City Attorney, a lost security bond or other bond of indemnity indemnifying the City of Livonia, Allied Super- markets, Inc. and Bradford Trust Company against any loss that may be occasioned from the payment of said Bond Coupon 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. 17361 1 poll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #871-78 RESOLVED, that having considered a communication dated September 13, 1978 from the Department of Law transmitting for Council acceptance five Grants of Easements more particularly described as. 1. Grant of Easement dated June 15, 1978 executed by Angelo DiPonio, President of Greenfield Construction Company, Inc conveying An Easement for utility purposes over, under and across a part of the Northeast 1/4 of Section 18, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, more particularly described as. Beginning at a point on the West line of Newburgh Road (120 feet wide) situated South 0° 21' 20" East 623 01 feet measured along the East line of Section 18 and South 89° 58' West 60 feet from the Northeast corner of Section 18; thence South 89° 58' West 1060.24 feet, thence North 0° 0' West 153 feet; thence North 89° 58' East 10 feet, thence South 0° 2' East 128 feet; thence North 89° 58' East 1050 10 feet to a point on the West line of said Newburgh Road, thence South 0° 21' 20" East 25 feet to the point of beginning 2. Grant of Easement dated August 25, 1978 executed by Angelo DiPonio, President of Greenfield Construction Company, Inc. conveying. The centerline of a 12' wide easement described as beginning at a point on the east and west 1/4 line of Section 7, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, distant S 89° 59' 38" E , 1269.54 feet from the center 1/4 corner of said Section 7; thence, proceeding from said point of beginning S 00° 00' 22" W. , 24.00 feet, thence S. 89° 59' 38" E , along a line 24.0 feet south of and parallel to said east and west 1/4 line 1280 feet more or less to the point of ending on the West line of Newburgh Road as widened. 3. Grant of Easement dated August 25, 1978 executed by Angelo DiPonio, President of Greenfield Construction Company, Inc. conveying: An easement for utility purposes over, under, and across a part of the S. E 1/4 of Section 7, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more particularly described as: Beginning at a point on the East and West 1/4 line of said Section 7, said point being N 89° 58' 20" E 35 52 ft. from the center 1/4 corner of said Section 7, thence S 0° 00' 43" W 540 62 ft. to a point; thence S. 89° 58' W 10.00 ft to a point; thence S 0° 00' 43" W. 20.00 ft. to a point; thence N 89° 58' E 107.24 ft to a point, thence N 0° 04' E 8.00 ft. to a point, thence N 89° 58' E 383.25 ft. to a point; thence S 00° 02' E 830.00 ft. to a point, thence N 89° 58' E. 463 00 ft. to a point on the West line of a proposed road, thence N 0° 02' W along said road, 12 00 ft. to a point, thence S 89° 58' W 451 00 ft.. to a point, thence N 0° 02' W 830 00 ft to a point; thence S. 89° 58' W 502 49 ft to a point, thence N 0° 00' 43" 17362 E 520.62 ft to a point, thence N 89° 58' 20" E 40 00 ft to a point, thence N 0° 00' 43" E 20 00 ft to a point on the said East and West 1/4 line, thence S 89° 58' 20" W 50 00 ft to the point of beginning. 4. Grant of Easement dated August 25, 1978 executed by Angelo DiPonio, President of Greenfield Construction Company, Inc conveying. An easement for utility purposes over, under and across a part of the S E 1/4 of Section 7, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more particularly described as Beginning at a point on the East and West 1/4 line of said Section 7, said point being N 89° 58' 20" E 25 52 ft. from the center 1/4 corner of said Section 7; thence S 0° 00' 43" W 540.62 ft. to a point; thence N 89° 58' E 978 77 ft to a point, thence N 40° 02' W 15 66 ft. to a point, thence S 89° 58' W 958.69 ft. to a point, thence N 0° 00' 43" E 528 62 ft to a point on the said East and West 1/4 line of Section 7, thence S 89° 58' 20" W 10 00 ft to the point of beginning. 5. Grant of Easement dated August 25, 1978 executed by Angelo DiPonio, President of Greenfield Construction Company, Inc. conveying An easement for utility purposes over, under and across a part of the S E 1/4 of Section 7, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, more particularly described as: Commencing at the center 1/4 corner of said Section 7, thence N. 89° 58' 20" E 25.52 ft to a point, thence S 0° 00' 43" W 1370 62 ft to a point, thence N 89° 58' E 499 14 ft. to a point, said point being the S W corner and the point of beginning of the easement herein described; thence N 89° 58' E 475 00 ft to a point on the West line of Laurel Park Drive North; thence N 0° 02' W along said Drive 12 00 ft to a point; thence S 89° 58' W 475.00 ft. to a point, thence S 0° 02' E 12 00 ft to the point of beginning the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easements and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bennett, it was #872-78 RESOLVED, that having considered a communication dated September 18, 1978 from the Department of Law transmitting for Council acceptance three Grants of Easements more particularly described as 1 Grant of Easement dated May 4, 1978 executed by C Nelson Grote, President, and W Kenneth Lindner, Vice President for Business & 17363 Administrative Affairs, for Schoolcraft Community College District conveying That part of the West 1/2 of Section 7, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the South line of said Section 7, T 1 S , R 9 E , said point being due East 908.98 ft. from the S W corner of said Section 7, thence N 0° 32' 50" W , parallel to the West line of the S W 1/4 of said Section 7, 2311.00 ft, thence N 89° 27' 10" E 381 00 ft , thence N. 0° 32' 50" W 453.00 ft. , thence N 89° 27' 10" E 20.00 ft , thence S 0° 32' 50" E. 473.00 ft , thence S 89° 27' 10" W 386 00 ft , thence S 0° 32' 50" E. 467.42 ft. , thence N 89° 27' 10" E 10 00 ft. ; thence S 0° 32' 50' E 100 00 ft , thence S 89° 27' 10" W. 10 00 ft ; thence S 0° 32' 50" E 1723.72 ft. to a point on the South line of said Section 7, thence due West 15 00 ft. to the point of beginning, excepting the South 948 72 ft. thereof. 2. Grant of Easement dated May 4, 1978 executed by C Nelson Grote, President, and W Kenneth Lindner, Vice President for Business & Administrative Affairs, for Schoolcraft Community College District conveying. That part of the S W 1/4 of Section 7, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan described as beginning at a point on the South line of said Section 7, T 1 S , R 9 E , said point being due East 908 98 ft. from the S W corner of said Section 7, thence N 0° 32' 50" W , parallel to the West line of said Section 7, 120 37 ft , thence due East 15 00 ft ; thence S 0° 32' 50" E 120 37 ft. to a point on the South line of said Section 7, thence due West 15 00 ft to the point of beginning, except that part of said described parcel which lies South of the North line of the Six Mile Road, (120 ft. wd ) 3. Grant of Easement dated March 29, 1978 executed by Charles S. Sizemore, Trustee, and Meyer Glinter, Trustee, for Trinity Baptist Church conveying. That part of the S W 1/4 of Section 7, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the South line of said Section 7, T 1 S , R 9 E , said point being due East 908.98 ft from the S W corner of said Section 7, thence N 0° 32' 50" W , parallel to the West line of Section 7, 948.72 ft , thence due East 15 00 ft. , thence S 0° 32' 50" E 948 72 ft. to a point on the South line of said Section 7, thence due West 15.00 ft to the point of beginning, excepting the South 120.37 ft thereof the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easements and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. A. roll call vote was taken on the foregoing resolution with the following result: AYES* Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann NAYS: None. 1736+ By Councilman Ventura, seconded by Councilman Taylor, it was #873-78 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated August 17, 1978, with regard to an application from Schoolcraft College, 18600 Haggerty Road, Livonia, Michigan, for a new full year Tavern License to be located at Schoolcraft College, the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council approved the said request "Above All Others," such approval being subject to and conditioned upon compliance by the applicant with the following conditions. 1. Alcoholic beverages served shall be limited to beer and wine which do not exceed alcohol 16% by volume. 2. Alcoholic beverages may be served when appropriately required as an integral part of the Culinary Arts and Community Services Programs. 3. A supervisor to be selected by the Director of Food Services will be on duty at all events where alcoholic beverages are served. 4+. The serving of alcoholic beverages will be limited to the Water- man Campus Center unless another area or building is approved by the Alcoholic Beverages Committee 5. The serving of alcoholic beverages must be incidental to the nature of the event whether the program be social, cultural or educational. 6. At all events, food of some kind and non-alcoholic beverages must be available 7. No one under the legal age may dispense, serve or consume alcoholic beverages 8 No one will be allowed to leave the building or area with any un- consumed alcohol in his possession 9. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. 10. That a police report will be submitted to the Council. In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann NAYS. None. By Councilman Ventura, seconded by Councilman Raymond, it was 17365 #874-78 RESOLVED, that having considered a communication dated August 28, 1978 from the City Planning Commission which transmits its resolution 8-167-78 adopted on August 15, 1978 with regard to Petition 78-6-2-17, submitted by Seymour J Levine Architects, Inc. , requesting waiver use approval to construct a retail commercial development on property zoned C-2 located on the southwest corner of Five Mile Road and Middlebelt Road in the North 1/2 of Section 23, the Council does hereby determine to concur in the recommendation made by the City Planning Commission and Petition 78-6-2-17 is hereby approved and granted, such approval 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: Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS. None. The President of the Council was excused at 8.47 P M and relinquished the Chair to the Vice-President. By Councilman Ventura, seconded by Councilman Nash, it was RESOLVED, that having considered a communication dated July 10, 1978 from the City Planning Commission which sets forth its resolution 6-133-78 with regard to Petition 78-3-1-17, submitted by Richard M Lewiston for a change of zoning on property located on the south side of Margareta Drive between Newburgh Road and the 1-275 Freeway in the North- east 1/4 of Section 7, from R-5 to R-3, and the Council having conducted a public hearing with regard to this matter on September 11, 1978, pursuant to Council Resolution 702-78, the Council does hereby reject the recommenda- tion of the Planning Commission and the said Petition 78-3-1-17 is hereby denied for the following reasons 1. The proposed change in zoning will not provide for land uses which will benefit surrounding area residents. 2. The proposed change in zoning will allow land uses which will not provide for maximum protection of natural features occurring on the subject site 3. The land area involved contains a beautiful forest, the ecology of which is felt to be rare in this part of the country, and this proposed rezoning will jeopardize its preservation By Councilman Raymond, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication dated July 10, 1978 from the City Planning Commission which sets forth its resolution 6-133-78 with regard to Petition 78-3-1-17, submitted by Richard M Lewiston for a change of zoning on property located on the south side of Margareta Drive between Newburgh Road and the I-275 Freeway in the North- east 1/4 of Section 7, from R-5 to R-3, and the Council having conducted a public hearing with regard to this matter on September 11, 1978, pursuant to Council Resolution 702-78, the Council does hereby determine to table this matter until such time as the City has the opportunity to purchase same 17366 A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond NAYS: Bishop, Ventura, Nash, Taylor and Bennett. The Vice-President declared the motion to table DENIED. By Councilman Nash, seconded by Councilman Ventura, it was #875-78 RESOLVED, that having considered a communication dated July 10, 1978 from the City Planning Commission which sets forth its resolution 6-133-78 with regard to Petition 78-3-1-17, submitted by Richard M Lewiston for a change of zoning on property located on the south side of Margareta Drive between Newburgh Road and the I-275 Freeway in the Northeast 1/4 of Section 7, from R-5 to R-3, and the Council having conducted a public hearing with regard to this matter on September 11, 1978, pursuant to Council Resolution 702-78, the Council does hereby determine to refer this matter to the Committee of the Whole for further consideration. A roll call vote was taken on the foregoing resolution with the following result- AYES: Raymond, Bishop, Ventura, Nash, Taylor and Bennett NAYS• None At the direction of the Chair the item on the agenda with respect to Petition No 78-5-1-24 submitted by Rest-in-the-Son, Inc. , for a change of zoning on property located on the south side of Ann Arbor Trail, between Newburgh and Hix Roads, in the Northeast 1/4 of Section 31, from RUF and AG to R-7, was removed and will be considered at the regular meeting to be conducted on October 11, 1978 The President resumed the Chair at 8 55 P M By Councilman Bennett, seconded by Councilman Bishop, it was #876-78 RESOLVED, that having considered a communication dated July 10, 1978 from the City Planning Commission which sets forth its resolution 6-131-78 with regard to Petition 78-5-6-7, submitted by the City Planning Commission to amend Ordinance No 543, the Zoning Ordinance of the City of Livonia, so as to establish regulations for the control of adult bookstores, signs and related material within the City of Livonia, and the Council having conducted a public hearing with regard to this matter on September 11, 1978, pursuant to Council Resolution 702-78, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 78-5-6-7 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. Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann NAYS: None 17367 By Councilman Bishop, seconded by Councilman Bennett, it was #877-78 RESOLVED, that having considered a communication dated July 10, 1978 from the City Planning Commission which sets forth its resolution 6-132-78 with regard to Petition 78-5-6-8 submitted by the City Planning Commission to amend Ordinance No 543, the Zoning Ordinance of the City of Livonia, so as to amend Article XVIII - Supplementary Regulations - by adding new controls to the sign regulations in the R-8, R-9, P 0 , C-3 and C-4 Zoning Districts, and the Council having conducted a public hearing with regard to this matter on September 11, 1978, pursuant to Council Resolution 702-78, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 78-5-6-8 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. Raymond, Bennett, Bishop, Nash, Taylor and McCann NAYS: Ventura The President declared the resolution adopted Councilman Bishop gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 1 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 78-3-1-14 FOR CHANGE OF ZONING FROM R-3 TO R-2 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The 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 2-2404 OF TITLE 2, CHAPTER 24 (HISTORIC PRESERVATION COMMISSION ORDINANCE) 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 17368 By Councilman Bishop, seconded by Councilman Taylor, it was #878-78 RESOLVED, that having considered a communication dated September 19, 1978 from the Department of Law transmitting for Council acceptance an Easement more particularly described as. Grant of Easement dated September 7, 1978 executed by Robert A Yanover and Dolores Yanover, his wife conveying. The East 12 feet of the South 250 feet and the South 12 feet, that part of the North 1/2 of the N W 1/4 of Section 26, T 1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point on the North line of said Section 26, distant S 89° 21' E, 1603.50 feet from the N W corner of said Section 26, proceeding thence along said North line S 89° 21' E, 195 0 feet; thence S 0° 29' 56" W , 881.41 feet, thence Due West 195 0 feet, thence N 0° 29' 56" E, 883.62 feet to the point of beginning, except the North 248.0 feet thereof deeded for road purposes the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Taylor, it was #879-78 RESOLVED, that having considered a communication from the Department of Law and the City Property Manager, dated September 15, 1978, approved for submission by the Mayor, with regard to a proposed lease agreement between the City of Livonia and Robert H Boyce and Marie M Boyce with respect to the residence located at 29350 West Chicago, Livonia, Michigan, the Council does hereby authorize the Mayor and City Clerk to execute the lease agreement in the manner and form submitted with the aforesaid parties for a month to month term commencing November 1, 1978, as well as to do all other things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann NAYS. None iwo Councilman Bennett gave first reading to the following Ordinance AN ORDINANCE AMENDING ARTICLE 1, CHAPTER 3 OF TITLE 3 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA, BY REPEALING SECTION 3-301 THEREOF. 17369 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 Bishop, seconded by Councilman Ventura, it was #880-78 RESOLVED, that having considered a proposed amendment to Section 3-301 of the Livonia Code of Ordinances, as amended, with respect to food handlers permits, the Council does hereby request the City Clerk to write letters to the City Physician, the Livonia Chamber of Commerce, the Wayne County Department of Health, the U S Health Board, the Wayne County Medical Society, the Wayne County Public Nurses Association, the U S. Public Nurses Association, and similar organizations with respect to the advisability of a local ordinance requiring food handlers cards in order to help in controlling communicable and infectious diseases, with partic- ular reference to their comments as to. (1) Enforceability of such or- dinances, (2) Contribution such an ordinance would make to the public health, safety and welfare, and (3) whether such an ordinance would discriminate against persons who are unable to afford medical examinations. A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Bennett, Bishop, Ventura, Nash and Taylor. NAYS. McCann. The President declared the resolution adopted Councilman Bennett gave first reading to the following Ordinance as revised by the Legislative Committee. AN ORDINANCE AMENDING TITLE 6 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING CHAPTER 8 THERETO ENTITLED "FIRE LANES ORDINANCE " _______ 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 Bennett, seconded by Councilman Ventura, and unanimously adopted, it was 17370 #881-78 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 19, 1978, submitted pursuant to Council Resolution 433-78, relative to auto towing and storage fees, the Council does hereby determine, in view of the City Attorney's opinion as to storage fees, that no further action be taken with regard to this matter Councilman Nash gave first reading to the following Ordinance as revised by the Legislative Committee. AN ORDINANCE AMENDING SECTION 8-214(d) OF CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMEND. 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 Bennett, seconded by Councilman Bishop, it was #882-78 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 19, 1978, submitted pursuant to Council Resolution 778-78, and having also considered a communication from the City Planning Commission, dated July 10, 1978, which transmits its resolution 6-139-78 adopted on June 20, 1978, with regard to Petition 78-6-8-17, submitted by Amoco Oil Company, requesting site plan approval in connection with a proposal to add canopies to the existing service station located on the south side of Eight Mile Road between Farmington and Gill Roads in Section 4, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby determine to concur in the recommendation of the Planning Commission and Petition 78-6-8-17 is hereby approved and granted, such approval to be based upon the same conditions as those 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 Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS None. By Councilman Bennett, seconded by Councilman Raymond, it was #883-78 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated September 19, 1978, submitted pursuant to Council Resolution 809-78, with respect to regulations governing the occupancy of Silver Village and a proposed amendment to allow occupancy by parents of Livonia residents, the Council does hereby determine that no change shall be made in the occupancy regulations for Silver Village at this time A. roll call vote was taken on the foregoing resolution with the following result 17371 AYES: Raymond, Bennett, Bishop, Ventura, Nash and Taylor NAYS. McCann The President declared the resolution adopted Councilman Bennett gave first reading to the following Ordinance AN ORDINANCE AMENDING PARAGRAPH (t) OF SECTION 6-166 OF CHATTER 1 (TRAFFIC ORDINANCE) OF TITLE 6 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 By Councilman Nash, seconded by Councilman Bishop, and unanimously adopted, it was #884-78 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 Nash, seconded by Councilman Raymond, it was #885-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated September 20, 1978, submitted pursuant to Council Resolution 704-78, in connection with a communication from the Mayor, dated February 8, 1978, with regard to the compensation of Civil Service Commissioners, the Council does hereby determine to approve an increase in said compensation of Civil Service Commissioners from $150.00 per month to $200 00 per month, effective October 1, 1978. A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann NAYS. None By Councilman Nash, seconded by Councilman Ventura, it was #886-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated September 20, 1978, submitted pursuant to Council Resolution 760-77, in connection with a communication from Plante & Moran, C P A , P 0 Box 307, Central Park Plaza Building, 26211 Central Park Boulevard, Southfield, Michigan 48037, dated July 21, 1977, and which transmits their comments and recommendations in connection with the independent audit performed by them of the Water and Sewer Funds of the City of Livonia, Michigan, as of February 28, 1977, and related financial statements as well as changes in financial procedure for the year then ended, and all of the recommendations contained in the aforesaid lette 17372 from Plante & Moran having been implemented, the Council does hereby request the Finance Director to obtain an opinion from the City's Bond Counsel as to the feasibility of changing the fiscal year for Water and Sewer funds, and, further, the Council does hereby request the Public Utility Manager to submit his report and recommendation with respect to the feasibility of such a change A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann NAYS None By Councilman Nash, seconded by Councilman Raymond, it was #887-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated September 20, 1978, submitted pursuant to Council Resolution 401-77, with respect to a communication from Dominic P. Paris, 16643 MacArthur, Detroit, Michigan 48240, wherein he indicates that he entered into a contract signed by Dale Welling with regard to a book authored by Mr. Paris, entitled "Footpaths to Freeways," the Council does hereby request the City Clerk to direct a letter to Mr Paris enclosing therewith a copy of the audit indicating that there have been no net profits from the sale of "Footpaths to Freeways", further, the Council does hereby determine to authorize the expenditure of the sum of $1689.50 to Swenk-Tuttle Press, Inc , 320 Springbrook, Adrian, Michigan 49221, as final payment for the cost of printing 10,000 Livonia Bicentennial History Books ("Footpaths to Freeways") from the Trust and Agency Account established 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 A roll call vote was taken on the foregoing resolution with the following result AYES. Bennett, Bishop, Ventura, Nash, Taylor and McCann NAYS: Raymond The President declared the resolution adopted By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #888-78 RESOLVED, that having considered the report and. recommendation of the Finance and Insurance Committee, dated September 20, 1978, submitted pursuant to Council Resolution 759-77, which sets forth the Finance Department's explanations and corrective actions pursuant to the auditor's report and recommendations set forth in a letter dated May 9, 1977, the Council, inasmuch as corrective measures have been taken to implement the recommendations set forth in the aforesaid letter from the auditors, does hereby determine to take no further action By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was 17373 #889-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated September 20, 1978, submitted pursuant to Council Resolution 1073-77, with respect to a communication from the Director of Finance, dated November 2, 1977, approved for submis- sion by the Mayor, to which are attached the annual reports received from general depositories and collecting agents for taxes and water bills, the Council does hereby determine to take no further action By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was #890-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated September 20, 1978, submitted pursuant to Council Resolution 52-78, with respect to a communication from the City Treasurer, dated December 13, 1977, which submits a quarterly report relative to all deposits of the City in its general depositories for the period September 1, 1977 through November 30, 1977, the Council does hereby request the City Treasurer to modify the quarterly reports relative to deposits of the City in its General Depositories to reflect the composite interest earned on such deposits in each of the individual depositories By Councilman Nash, seconded by Councilman Ventura, it was #891-78 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, dated September 20, 1978, submitted pursuant to Council Resolution 739-78, with respect to a proposed land exchange between Ager Building Company, 27620 Farmington Road, Suite 205, Farmington Hills, Michigan, 48018, and the City of Livonia, of property located in the S W 1/4 of Section 3, wherein the City would receive approximately 9 3 acres to be added to the Livonia Jaycee Park in exchange for approximately 9 3 acres of unused portions of the Livonia Jaycee Park, the Council does hereby request the City Engineer to submit his report and recommendation as to whether or not there would be adequate access to the City's park site north of the Tarabusi Drain in the event the proposed land exchange were to be consummated A rollcall vote was taken on the foregoing resolution with the following result. AYES* Raymond, Bennett, Bishop, Ventura, Nash, Taylor and McCann. NAYS: None By Councilman Taylor, seconded by Councilman Nash, it was #892-78 RESOLVED, that having considered a communication from the City Planning Commission, dated July 27, 1978, which sets forth its resolution 6-148-78 adopted on July 18, 1978, with regard to a request dated June 14, 1978 from Rodney C Kropf, attorney, requesting an extension of the approval of Petition 71-5-2-18, submitted by Rodney C Kropf, attorney for Sam and Joy Moy, relative to a waiver use approval previously granted in Council Resolution 764-71 to expand an existing restaurant as a waiver use on property located on the west side of Middlebelt Road between Munger and Six Mile Road in Section 14, and the Council having granted a prior exten- sion relative to same in Council Resolution 982-72, and a public hearing with regard to this matter having been held on September 25, 1978, pursuant 17374 to Council Resolution 749-78, the Council does hereby determine to approve an extension of the time limit for complying with condition #5 of the recommendation set forth in Resolution 6-180-71 of the City Planning Commission, adopted on June 29, 1971, for a period of two years, subject to the condition that the residential structure and the site on which it ic located shall be upgraded so as to meet with the approval of the Bureau of Inspection and the Council within three months of the date of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Bennett, Ventura, Nash and Taylor. NAYS Bishop and McCann. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #893-78 RESOLVED, that the Council hereby requests the City Attorney, City Treasurer, and the City Assessor to do all things necessary to collect the back taxes on the south 53 feet of Lot 14, Richland Estates Subdivision and to transfer the title of said 53 feet to the owner of record of Lot 14, Mrs. Shirley A Watson On motion of Councilman Taylor, seconded by Councilman Nash, and unanimously adopted, this 891st Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:45 P. M , September 27, 1978. ADDISON W.00ON, ity Clerk