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HomeMy WebLinkAboutCOUNCIL MINUTES 1976-08-25 15783 MINUTES OF THE EIGHT HUNDRED AND FORTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 25, 1976, 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 8-06 P. M.. Councilman Ventura delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Jerry H. Brown, Peter A. Ventura and Robert R. Bishop. Absent--Robert F. Nash, Jerry Raymond and. Robert D. Bennett. Elected and appointed officials present. Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney, Edward G. Milligan, Director of Public Safety- Police; Robert Turner, Police Chief; Jack Dodge, Director of Finance, G. E. Siemert, City Engineer; John Nagy, City Planner, Michael McGee, Administrative Assistant to the Mayor, John T. Dufour, Superintendent of Parks and Recreation, James Miller, Personnel Director; Stanley Bien, Chief Librarian, and Esther R. Friedrichs of the City Planning Commission. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was 4677-76 RESOLVED, that the minutes of the 840th regular meeting of the Council of the City of Livonia, held August 11, 1976, are hereby approved. The communication dated August 16, 1976 from the Department of Law, with respect to Wayne County Circuit Court Case No. 76 601508 CE (Jeffrey Lauren Land. Co., vs City of Livonia), was received and filed for the information of the Council. The communication from the Livonia Traffic Commission, dated August 3, 1976 regarding the recommendation for a Traffic Signal to be installed on Seven Mile Road and Wayne Road (CR-621-76), was received and filed for the information of the Council. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: 15784 AN ORDINANCE AMENDING SECTION 22 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION THERETO. RE: PETITION NO. 76-1-1-1 FOR CHANGE OF ZONING FROM RUF TO R-1-B. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Bishop, Brown and. McCann. NAYS None. The President declared the foregoing Ordinance duly adopted, and, would become effective on publication. By Councilman Brown, seconded by Councilman Bishop, it was #678-76 RESOLVED, that having considered a communication from the Director of Finance, dated July 28, 1976, approved for submission by the Mayor, the Council does hereby determine to authorize the purchase of gasoline from Texaco, Inc., effective July 21, 1976, at the following Unit Prices: Less than 5,000 Gals. - 44.7 cents/gallon More than 5,000 Gals. - 39.8 cents/gallon Lead. Free Less than 5,000 Gals. - 46.7 cents/gallon Lead Free More than 5,000 Gals. - 41.8 cents/gallon said prices being made in accordance with Federal Government Regulations; further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances, and all prior resolutions in conflict herewith are hereby repealed, amended or revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES. McCann, Brown, Ventura and. Bishop. NAYS None. By Councilman Bishop, seconded by Councilman Brown, it was #679-76 RESOLVED, that having considered the report and recommendation of the Supt. of Operations and the Public Utility Manager, dated. August 3, 1976, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, 15785 The Council does hereby determine to accept the bid of Carhartt, Inc. , P. O. Box 600, Dearborn, Michigan 48121, for supplying the City (Operations Division and. Water and. Sewer Division) with Carhartt Uniforms for the total price of $2,685.50 for the period. September 1, 1976 through August 31 1977, the same having been in fact the lowest and, only bid received and meets specifications. A roll call vote was taken on the foregoing resolution with the following result. AYES. Ventura, Bishop, Brown and McCann. NYS. None. By Councilman Brown, seconded by Councilman Bishop, it was .4680-76 RESOLVED, that having considered a communication from the Supt. of Operations, dated July 26, 1976, wraith bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, to which are attached invoices, from Detroit Temperature Engineers for the labor and material charges involved in connection with the replacement of an air compressor at the District Court Building, in the total amount of $7,599.58, the Council does hereby determine to appropr-kte and authorize the expenditure of a sum in the amount of $1,099.58 from the Unexpended Fund Balance Account for this purpose, 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. Ventura, Bishop, Brown and McCann. NAYS. None. By Councilman Brown, seconded by Councilman Bishop, it was 4681-76 RESOLVED, that having considered a communication from the City Treasurer dated. July 30, 1976 with regard to an increase in costs for services rendered by Brink's Inc. , the Council does hereby determine to appropriate the sum of $1,000.00 from the Unexpended Fund. Balance Account to be transferred to Budget Acct. No. 810 - Banking Service, 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. Ventura, Bishop, Brown and McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Ventura, and unanimously 11*. adopted, it was 15786 #682-76 RESOLVED, that the Council does hereby request that the Director of Finance prepare specifications and thereafter to take competitive bids, for submission to Council, in accordance with provisions of law and city ordinance, with regard to banking services for the period commencing on and after December 1, 1976. By Councilman Ventura, seconded by Councilman Bishop, it was #683-76 RESOLVED, that having considered a communication from the Chief Librarian dated March 2, 1976, approved for submission by the Mayor, which transmits a resolution adopted by the Library Commission on February 16, 1976 with regard to partial replacement of the carpet at Alfred Noble Library, and having also considered a communication from the Director of Finance and the Chief Librarian dated July 29, 1976, approved for submis- sion by the Mayor, in connection therewith, the Council does hereby authorize the Chief Librarian and the Director of Finance to do all things necessary to obtain sealed competitive bids for the said carpet replace- ment in accordance with provisions of law and city ordinance, further, the Council does hereby authorize the transfer of the sum of $3,000 from the Library Printing Account No. 101-738-904 to the Capital Outlay Account No. 101-738-976.000.000 for this purpose. A roll call vote was taken on the foregoing resolution with the following result. AYES- Ventura, Bishop, Brown and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was ##684-76 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator), dated August 9, 1976, which bears the signature of the Director of Finance, is approved by the Director of Azblic Works, and is approved for submission by the Mayor, and submitted pursuant to Act 51 of the Rzblic Acts of Michigan of 1951, as amended (MSA Sec. 1097 (13)(d)(1)) with regard to the transfer of funds for the calendar year 1976 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, 25% of the amount designated for Major Street System to be used on the Local Street System, and the City Clerk is hereby authorized to do all 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 Ventura, Bishop, Brown and McCann. NAYS• None. By Councilman Ventura, seconded by Councilman Bishop, it was #685-76 RESOLVED, that having considered a letter from the Sacred Heart Byzantine Rite Catholic Church, 29125 W. Six Mile Road, Livonia, Michigan 48152, dated July 30, 1976, signed by Rev. Joseph Fedyszak, requesting permission to hold its annual Harvest Fair Festival on the parish grounds 15787 on September 10, 11 and 12, 1976, the Council does hereby determine to grant permission as requested, further, the Council does hereby determine to waive all license permit and inspection fees required by City Ordinances in connection with this activity. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventrua, Bishop, Brown and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was 4686-76 RESOLVED, that having considered a communication from Mrs. Charlene McRay, 29035 Roycroft, Livonia, Michigan 48154, dated July 27, 1976, wherein a request is made for the installation of a "Caution - Deaf Child in Neighborhood" or similar sign on Roycroft at Middlebelt, the Council does hereby determine to approve and authorize the same, and for this purpose requests that the Traffic Commission and the Department of Ptblic Works do all things necessary to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Bishop, and unanimously L adopted, it was 4687-76 RESOLVED, that having considered a communication from Mrs. Charlene McRay, 29035 Roycroft, Livonia, Michigan 48154, dated. July 27, 1976, wherein a request is made for the installation of a "Caution - Deaf Child in Neighborhood" or similar sign on Roycroft at Middlebelt, the Council does hereby determine to refer this matter to the Traffic Commis- sion for its report and recommendation with regard to the location and design of the requested sign. By Councilman Brown, seconded. by Councilman Ventura, it was #688-76 RESOLVED, that having considered a communication dated July 22, 1976 from the City Planning Commission which transmits its resolution #7-118-76 adopted on July 13, 1976 with regard to Petition #76-4-3-3, submitted by Ronald McMillin for vacating a portion of an easement located north of Deering Road, south of Puritan Avenue, in the Southeast 1/4 of Section 13, City of Livonia, Wayne County, Michigan, the Council does hereby determine to grant the said. Petition 476-4-3-3, and the SE' is hereby approved subject to the retention of a full-width easement for public utilities, and the Department of Law is hereby regueac,ed to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result 1.1 AYES: Ventura, Bishop, Brown and McCann. NAYS. None. 15788 Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, i7was #689-76 RESOLVED, that having considered a communication from the Michigan Department of State Highways and Transportation, dated May 26, 1976, to which is attached certain sketches and legal descriptions of excess lands being offered to the City of Livonia for purchase (Parcels 1311, 1313, 1336: and having also considered the report and recommendation of the City Plan- ning Department, dated July 30, 1976, in connection therewith, the Council does hereby determine to take this means to indicate its disinterest in the eventual purchase of any of these properties by the City of Livonia, and the City Clerk is hereby requested to forward a copy of this resolution to the Michigan Department of State Highways and. Transportation, Inventory - Sales Unit, Excess Property Section. By Councilman Ventura, seconded by Councilman Brown, it was #690-76 RESOLVED, that having considered a report and recommendation from the Planning Director and the Supt. of Parks and Recreation, dated July 15, 1976, approved by the Mayor, and a letter from the Director of Real Estate of Chatham Super Markets, Inc. , dated. July 6, 1976, with regard to the Property Exchange Agreement between the City and Chatham Super Markets, Inc.; authorized in Council resolution #521-74, which in Section 2 (E) provides that Chatham shall install two rows of evergreens near to and parallel with the westerly boundary of the City's Recreational Parcel, and with respect to which it is recommended that in lieu thereof the City accept a cash payment from Chatham Super Markets, Inc. in the amount of $2,610.00, the Council does hereby determine to reject the same and to take this means to indicate that it expects and requires that Chatham Super Markets, Inc. do all things necessary to comply with the provisions set forth in Section 2 (E) of the said agreement. A roll call vote was taken on the foregoing resolution with the following result : AYES. Ventura, Bishop, Brown and. McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #691-76 RESOLVED, that having considered a communication from Mr. Graziano M. Canini, B.A., M.A., dated July 20, 1976 submitted in behalf of his father, with regard to Petition #73-5-1-21 which requested the rezoning of certain property located on the west side of Middlebelt Road, between Grandon and Dover, in the Southeast 1/4 of Section 35, from P.S. to C-1, and which petition was denied in Council resolution 0.6-74, adopted on January 16, 1974, the Council does hereby determine to refer this matter to the City Planning Department for further review and thereafter a report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. 15789 AYES Ventura, Bishop and McCann. NAYS: Brown. The President declared, the resolution adopted. By Councilman Ventura, seconded by Councilman Brown, it was #692-76 RESOLVED, that having considered the report and recommendation from the City Engineer, dated July 23, 1976, approved by the Director of Public Works and, approved for submission by the Mayor, the Council does hereby authorize a release to the proprietor of the Parkview Estates Subdi- vision of the Financial Assurances previously deposited with the city in accordance with Council resolution #702-72, adopted on July 26, 1972, as thereafter subsequently amended including the action taken on October 25, 1972 in Council resolution #983-72, and, on February 7, 1913 in Council resolution #90-73, and on November 12, 1975 in Council resolution #906-75, which previously reduced such financial assurances to $8,200 of which $2,460 was to be in cash, to guarantee the satisfactory installation of sidewalk improvements in Parkview Estates Subdivision, it appearing from the aforementioned report of the City Engineer that all required work has been satisfactorily completed in accordance with the rules and regulations and ordinances of the City of Livonia, and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bishop, Brown and. McCann. NAYS None. By Councilman Ventura, seconded by Councilman Brown, it was #693-76 RESOLVED, that having considered a communication from the City Engineer dated July 19, 1976 which bears the signature of the Director of Finance, is approved by the Director of Public Works, and approved for sub- mission by the Mayor, and having also considered a verbal report from the City Engineer wherein he notified the Council of an additional $1200.00 charge for relocating existing underground wiring, the Council does hereby authorize and request that the Detroit Edison Company relocate four (4) ornamental street lights and six (6) overhead wood pole lights on Six Mile Road, between Merriman and. Inkster Roads, in connection with the Six Mile Road. Paving Project, the overall cost of which is $7,811.00, which sum is hereby appropriated and authorized to be expended from the Motor Vehicle Highway Funds (Major Road. Account) for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bishop, Brown and. McCann. NAYS: None. 15790 The communication dated July 16, 1976 from the Engineering Division, in response to Council Resolution No. 464-76, which requested a report and recommendation relative to both on site and off site improvements required to develop the 11.99 acres of vacant land on north side of Lyndon Avenue at Stark, for the Moderate Income Housing Development, was received, and filed for the information of the Council. By Councilman Brown, seconded by Councilman Bishop, it was #694-76 RESOLVED, that having considered, a report from the City Engineer dated. August 3, 1976, approved by the Director of PUblic Works and the Director of Finance, and, approved for submission by the Mayor, and the attached final Construction Estimate dated. June 11, 1976, the Council does hereby authorize Final Payment in the amount of $600.62 to Shea Company, 5462 N. Mission Road, Route 1, Rosebush, Michigan 48878, which sum includes the full and complete balance due on a contract dated May 12, 1976 in the amount of $5,902.32 in connection with the 1976 Lane Line Marking Program, Contract 76-H, the actual contract amount completed to date being in the amount of $6,0o6.18, 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, and. Maintenance and. Guaranty Bond have been filed; further, the Council does hereby appropriate and authorize the expenditure of an additional sum in the amount of $103.86 from the Motor Vehicle Highway Fund. Receipts (Major Road Account) for this purpose, and the City Clerk and the 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: Ventura, Bishop, Brown and. McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #695-76 RESOLVED, that having considered a communication from the Mayor dated August 4, 1976 to which is attached a report from the City Attorney, dated July 22, 1976, relative to the status of certain city-owned property for sale, the Council does hereby determine to refer the same to the Capital Improvement Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #696-76 RESOLVED, that having considered a communication from the Supt. of Parks and. Recreation, dated. July 7, 1976, approved by the Director of Finance, andepproved for submission by the Mayor, and submitted pursuant to Council resolution #516-76, with regard to the cost involved, in establish- ing an adequate city-wide tree spraying program, the Council does hereby determine to refer the same to the Director of Public Works for his report and recommendation. 15791 The communication dated August 3, 1976 from the Parks and Recreation Department in , connection with an application for matching funds from the Land and Water Conservation Fund Program, for the construction of tennis courts at Rotary Park, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Bishop, it was #697-76 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated July 28, 1976, approved for submission by the Mayor, with regard to a request from Mr. Ruben Mardiros, 32080 Schoolcraft, Livonia, Michigan, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division of Tax Item No. 22BB2 (46 088 99 0003 002) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing the same into two (2) parcels, the legal descriptions of which shall read as follows Parcel B A parcel of land being a part of the E. 1/2 of the W. 1/2 of the SE 1/4 of Sec. 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Mich., more particularly described as Beginning at a point on the N. line of Schoolcraft Road, said point being 102.00 ft. N. of the S. line of Section 22 and 122.00 ft. east of west line of the E. 1/2 of the W. 1/2 of the SE 1/4 of said Sec. 22, thence E. along the N. line of Schoolcraft Rd., 10.00 ft. to a point, thence N. parallel to the W. line of the E. 1/2 of the W. 1/2 of the said S.E. 1/4 of Sec. 22, 298.00 ft. to a point, thence West parallel with the S. line of said Sec. 22, 132.00 ft. to a point on the W. line of the E. 1/2 of the W. 1/2 of the S.E. 1/4 of said Sec. 22, thence S. along said W. line, 125.00 ft. to a point, thence E. parallel to the S. line of said Sec. 22, 122.00 ft. to a point, thence S. 173.00 ft. to the point of Beginning. Parcel C Land in the City of Livonia, County of Wayne, State of Michigan, described as Part of the East 1/2 of the West 1/2 of the Southeast 1/4 of Section 22, Town 1 South, Range 9 East, described as Commencing at the Southwest corner of the East 1/2 of the West 1/2 of the Southeast 1/4 of Section 22, Town 1 South, Range 9 East, _running thence East along the South line of said Section 22, 122 feet, thence North parallel with the West line of said East 1/2 of the West 1/2 of the Southeast 1/4 of Section 22, 275 feet, thence West parallel with the said South line of said Section 122 feet to the said West line of the East 1/2 of the West 1/2 of the Southeast 1/4 of Section 22, thence South along the said West line of the East 1/2 of the West 1/2 of the Southeast 1/4 of Section 22, 275 feet to the point of beginning, except the South 102 feet conveyed for road purposes. 15792 as shown on the map attached to the aforesaid communication which is made a part hereof by 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: Ventura, Bishop, Brown and. McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Bishop, it was 698-76 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated August 11, 1976, approved for submission by the Mayor, with regard to a request from Mr. Robert J. Jenkins, 32900 Five Mile Road, Livonia, Michigan 48154, attorney for petitioner, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division and combination of Tax Item No. 35a73 and Tax Item No. 35a74 would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing and combining of the same into two (2) parcels, the legal descrip- tions of which shall read as follows Parcel A Lot F/Tand the south 5 feet of Lot #74, E. G. Settle Realty Co. 's Bonaparte Gardens, Part of the S. 1/2 of the S. E. 1/4 of Section 35, T. 1 S., R . 9 E. , L. 54, Pg. 75, Wayne Co. Records, City of Livonia, Wayne County, Michigan. Parcel B Lot #74 except the south 5 feet thereof, E. G. Settle Realty Co's Bonaparte Gardens, Part of the S. 1/2 of the S. E. 1/4 of Section 35, T. 1 S., R. 9 E. , L. 54, Pg. 75, Wayne Co. Records, City of Livonia, Wayne County, Michigan. as shown on the map attached to the aforesaid communication which is made a part hereof by 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. Ventura, Bishop, Brown and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Bishop, it was #699-76 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission, dated June 14, 1976, and the report and recom- mendation of the Chief of Police, dated July 27, 1976, in connection there- with, the Council does hereby approve of the request from Gerald C. May, aka Ben Justice, aka Jerry Maiburg, for transfer of ownership of 1976 Class C and SDM Licensed Business located at 37604 Ann Arbor Road, Livonia, 15793 Michigan 48150 (Parkside Bar), from John Carl Carmos and. John M4rtichis, 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 Ventura, Bishop, Brown and McCann. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, it was 4700-76 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated. May 28, 1976, and the report and recommendation of the Acting Chief of Police, dated August 10, 1976, in connection there- with, the Council does hereby approve the request from Club House Bar, Incorporated for a transfer of ownership of a 1976 Class C Licensed. Business located at 34101 Plymouth Road, Livonia, Michigan 48150, from Ervin L. and Fannie Lorene, aka Lorene Melching, 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. Ventura, Bishop, Brown and. McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, it was 4/01-76 RESOLVED, that having considered a communication from the Personnel Director dated July 23, 1976, approved by the Director of Finance and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on July 15, 1976 wherein it is recommended that a classification of Assistant Personnel Director be established at the following salary rate: Step 1 Step 1-1/2 Step 2 Step 3 Step 4 Step 5 $18,699.20 $19,073.60 $19,448.00 $20,238.40 $21,049.60 $21,840.00 719.20 733.60 748.00 778.40 809.60 840.0o and that the classification of Personnel Analyst III (Associate Personnel Director) be abolished, 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: Ventura, Bishop, Brown and McCann. NAYS. None. 15794 Councilman Brown gave first reading to the following Ordinance. AN ORDINANCE AMENDING PARAGRAPH (k) OF SECTION 9-116 OF CHAPTER I OF TITLE 9 (KNOWN AND CITED AS THE "PLAT ORDINANCE") OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA 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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Brown, seconded by Councilman Bishop, it was 4702-76 RESOLVED, that having considered a communication from the Depart- ment of Law dated August 16, 1976, approved for submission by the Mayor, with regard to a proposed. Second Amendment to the Sublease Agreement between the City of Livonia and. Idyl Wyld. Catering, Inc. which would revise Section 5.1., entitled "Default, " of the said. Sublease Agreement, the Council does hereby authorize the Mayor and the City Clerk to execute in behalf of the City of Livonia the said. Second Amendment in the manner and form attached, and the City Clerk is hereby requested to transmit a certified copy of this resolution together with a copy of the Second Amendment to Sublease Agreement to the Michigan Liquor Control Commission as well as to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Bishop, Brown and. McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Ventura, it was #703-76 RESOLVED, that having considered a communication dated July 30, 1976 from the Department of Law transmitting two Grants of Easements for Council acceptance wherein certain easements are granted to the City in connection with the improvement of Shadyside Avenue, which documents are more particularly described as follows: 1. Grant of Easement dated July 26, 1976 executed by Robert German and Kay A. German, his wife, granting to the City The south ten (10) feet of a twenty(20) foot wide (vacated) public alley, said alley being located north Iwo of and adjacent to Lots 38 through 56, both inclusive, Garden Grove Subdivision, as recorded in Liber 54, Page 80, Wayne County records, said subdivision being a part of the West 1/2 of the N. W. 1/4 of Section 10, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan, an , 15795 the north two (2) feet of said Lots 38 through 56. 2. Grant of Easement dated July 26, 1976 executed by Robert German and Kay A. German, his wife, granting to the City The East six (6) feet of a twenty (20) foot wide (vacated) public alley located north of and adjacent to Lot 38, Garden Grove Subdivision, as recorded in Liber 54, Page 80, Wayne County Records, said subdivision being of part of the West 1/2 of the N.W. 1/4 of Section 10, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan, and the east six (6) feet of said Lot 38. the Council does hereby for and on behalf of the City of Livonia accept the aforesaid two Grants of Easements and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• Ventura, Bishop, Brown and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Brown, it was #704-76 RESOLVED, that having considered a communication dated July 29, 1976 from the Department of Law transmitting a Grant of Easement for Council acceptance wherein certain easements are granted to the City in order to extend backyard drainage facilities in conjunction with the construction of the Livonia Drain No. 42 project, which document is more particularly described as Grant of Easement dated July 19, 1976 executed by Augustine Acosta and Margaret Acosta, his wife, granting to the City The west nine (9) feet of the south 214 feet, and the south 12 feet of the north 81 feet of Lot 15, B. E. Taylor's Green Acres, as recorded in Liber 69, Page 75, Wayne County Records, said subdivision being a part of the North 1/2 of Section 23, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan. the Council does hereby for and on 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 Wayne County Register ofDeeds and to do all other things necessary or incidental to the full performance of this resolution. 15796 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bishop, Brown and McCann. NAYS• None. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was 4705-76 RESOLVED, that having considered Petition 476-8-3-7 submitted by Cecil T. Schnittken, 181+23 Amon, Livonia, Michigan, dated July 21, 1976, wherein a request is made for the vacating of Pickford Avenue right-of-way between the east line of Stamford Avenue and the west line of Myron Avenue, City of Livonia, Wayne County, Michigan, 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 ordinance. By Councilman Bishop, seconded by Councilman Brown, and unanimously adopted, it was 4706-76 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 12, 1976 on all matters required by Sections 2-506 and 2-511+ of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on August 2, 1976, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code. 1. accept and approve said statement in all respects, 2. determine to make the improvement consisting of the installation of (1) a street lighting system, (2) ornamental street lighting with underground wiring on Cavell Avenue, between Plymouth Road and West Chicago, in the Northeast 1/4 of Section 36, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3. approve the plans and specifications for the improvement as set forth in said statement dated May 12, 1976, 4. determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, 5. determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, 15797 6. designate the assessment district, describing the land and premises upon which special assessments shnl] be levied as follows: A special assessment district located in the N. E. 1/4 of Section 36, T. 1 S., R. 9 E., City of Livonia Wayne County, Michigan being more particu- larly described as lots 1 through 6a, both inclusive, and lots 14 through 69, both inclusive, of New Detroit Subdivision, and, lots 924 through 936, both inclusive, and lots 1117 through 1167b, both inclusive of New Detroit Subdivision No. 1; 7. direct the City Assessor to prepare a special assess- ment roll in accordance with the Council's determina- tion on said statement as prepared by the City Engin- eer dated. May 12, 1976; and 8. that upon completion of said, roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. By Councilman Ventura, seconded by Councilman Brown, it was 0707-76 RESOLVED, that having considered a communication from the Director of Finance dated August 19, 1976, approved for submission by the Mayor, to which is attached 6 requisitions totaling $1,107.41 with respect to certain items purchased as furnishings for the Quaker Acres Historical Village, and having considered the verbal report of the Director of Finance with regard to additional requisitions totaling $313.58, the Council does hereby determine to authorize the payment of $1,420.99 to Susanne Daniel, the action herein being taken for the reasons indicated in the aforesaid communication, and the Council does hereby authorize the City Clerk and the City Treasurer to do all things necessary or incidental to the full per- formance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, Bishop, Brown and. McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #705-76 RESOLVED, that the Council does hereby determine to refer to the Finance and. Insurance Committee for its report and recommendation the matter of the method and procedure used, by the Livonia Historical Commis- sion in acquiring or purchasing articles and equipment utilized in connection with the restoration of the Quaker Acres Historical Village. 15798 By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #709-76 RESOLVED, that having considered a communication from the Supt. of Public Schools, dated August 5, 1976, with regard to special assess- ments included in tax bills, the Council does hereby request that the City Treasurer, City Assessor and. City Engineer submit a report and recommenda- tion, together with such proposed resolutions as may be necessary, to delete and remove from all present and future special assessment districts properties owned by the Livonia Schools School District, and in lieu thereof institute a procedure wherein assessments presently due and, owing shall be billed directly to the said. School District, not through tax bills but by separate instruments. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #710-76 RESOLVED, that having considered the report and recommendation of the Finance and. Insurance Committee, dated. August 11, 1976 and submitted pursuant to Council resolution #25-76, with regard to a communication from the Department of Law dated. November 26, 1975, approved by the Director of Finance and approved for submission by the Mayor, in connection with the City's Group Optical Program, the Council does hereby determine to take no further action at this time and requests that the matter of Group Optical benefits be referred to the City's bargaining team with respect to future labor contracts. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was 4711-76 RESOLVED, that having considered the report and recommendation of the Finance and. Insurance Committee, dated. August 11, 1976 and submitted pursuant to Council resolution 4401-76, with regard to a communication from the City Treasurer dated April 21, 1976 which transmitted the quarterly report relative to all deposits of the City in all of its general depositor- ies for the period December 1, 1975 through February 29, 1976, the Council does hereby determine to take no further action at this time but requests that the City Treasurar, on all future reports, on a separate sheet, indi- cate the current interest rate being paid by each depository and the average interest rate paid by each depository for the quarterly period which is the subject of the report. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #712-76 RESOLVED, that having considered the report and recommendation of the Finance and. Insurance Committee, dated August 11, 1976 and submitted pursuant to Council resolution 41102-76, with regard to a communication from the Director of Finance dated April 20, 1976 which transmits various financial statements for the month ending March 31, 1976, the Council does hereby determine to take no further action at this time. 15799 By Councilman Ventura, seconded by Councilman Bishop, it was #713-76 RESOLVED, that having considered the report and recommendation of the Finance and. Insurance Committee, dated August 11, 1976 and submitted pursuant to Council resolution #514-76, in connection with a communication from the Ad. Hoc Senior Citizens Housing Committee dated May 19, 1976, the Council does hereby authorize approval of the expenditure of the sum of $64.44, by the Ad Hoc Senior Citizens Housing Committee, from previously budgeted funds for postage and receipt books in connection with the Silver Village Senior Citizens Housing Project. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Bishop, Brown and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Bishop, and unanimously cdopted, it was #714-76 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. ::uncilman Brown, seconded by Councilman Ventura, and unanimously adopted, it w #715-76 RESOLVED, that having considered the report and recommendation of the Director of Civil Defense, dated August 17, 1976, approved for submis- sion by the Mayor, wherein it is recommended that a communication be for- warded to the Emergency Services Division of the Michigan Department of State Police requesting assistance in conducting a Community Disaster Readiness Program, the Council does hereby determine to approve the same, and for this purpose authorizes the Director of Civil Defense to execute for and in behalf of the City of Livonia a Letter of Request in Vie ...manner and form attached to the aforesaid communication. By Councilman Ventura, seconded by Councilman Brown, and unanimously adcpted, it was #716-76 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 (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, October 11, 1976 at 8 00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: 15800 1. Petition #76-6-1-24 submitted by Charles G. Ball for a change of zoning of property located on the southwest corner of Five Mile Road and. Merriman Road, in the Northeast 1/4 of Section 22, from C-2 and R-1 to P.S., the City Planning Commission having in its resolution 5-125-76 recommended to the City Council that Petition #76-6-1-24 be approved, 2. Petition #76-6-1-25 submitted by William P. Lindhout for a change of zoning of property located on the east side of Farmington Road, between Clarita and. Pickford, in the Northwest 1/4 of Section 10, from R-1 to P.S., the City Planning Commission having in its resolution #8-126-76 recommended to the City Council that Petition #76-6-1-25 be approved; 3. Petition #76-6-1-27 submitted by Don Vargo for a change of zoning of property located, on the south side of Six Mile Road between Middlebelt and. Merriman Roads, in the Northwest 1/4 of Section 14, from RUF to P, the City Planning Commission having in its resolution #8-128-76 recommended to the City Council that Petition #76-6-1-27 be denied, 4. Petition #16-7-6-4 submitted by the City Planning Commission to amend. Section 25.04 of Ordinance #543, as amended, the Zoning Ordinance of the City of Livonia, so as to expand the permitted uses in the C-4 Zoning District, the City Planning Commission having in its resolution #8-130-76 recommended to the City Council that Petition #76-7-6-4 be approved; 5. Petition #76-7-6-5 submitted by the City Planning Commission to amend Section 26.04 of Ordinance 0543, as amended, the Zoning Ordinance of the City ofLivonia, so as to provide the general office uses in the P. O. Zoning District, the City Planning Commission having in its resolution #8-131-76 recommended to the City Council that Petition 476-7-6-5 be approved. further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and (b) location of the proposed changes of zonipg 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. 15801 By Councilman Brown, seconded by Councilman Ventura, it was #717-76 RESOLVED, that having considered the report and recommendation of the City Engineer dated August 19, 1976 which bears the signature of the Director of Finance, is approved by the Supt. of Parks and. Recreation and the Director of Public Works, and is approved, for submission by the Mayor, the Council does hereby accept the Unit Price Bid of Detroit Concrete Products Corporation, for the construction of six (6) Tennis Courts at Rotary Community Park in the City of Livonia, in accordance with plans and specifications as prepared by the Engineering Division attached to the aforesaid communication, for the estimated total cost of $43,522.24 based upon 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 item, FURTHER, the award of this contract and the action taken herein is made subject to the review and approval of the Bureau of Outdoor Recreation of the U. S. Department of the Interior and the Michigan Depart- ment of Natural Resources, and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as completed; and the Council does hereby appropriate and authorize the expenditure of the sum of $21,761.12 as the City's share in this project from State Revenue Sharing Acct. No. 579-040 which account shall be shown as having been increased in the budget by a like sum, and, further, the Council does hereby authorize as an advance for the purpose of making contract payments the additional sum of $21,761.12 from the General Fund, which amount shall be reimbursed thereto upon receiving grant payments with regard to this project from the Michigan Department of Natural Resources; and the Mayor and the 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 incidental to the full performance of this resolution. A roll, call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bishop, Brown and. McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #718-76 RESOLVED, that having considered a communication from the Director of Public Works datedAugust 10, 1976, approved for submission by the Mayor, the Council does hereby authorize the rental of City-owned property located at 12313 Stark Road to Mr. and Mrs. Kevin Hennings on a month to month basis for a rental of $150.00 per month, payable on the 1st day of each month, Mr. and Mrs. Hennings shall in such rental assume the payment of all utilities as well as provide the City in advance with a security deposit of $150 and an additional $150 as the last month's rent; the foregoing rental may be terminated by either party upon the giving of a 30-day Lnotice, and all city officials and departments are hereby requested to do all things necessary or incidental to the full performance of this resolu- tion. 15802 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Bishop, Brown and McCann. NAYS: None. On motion of Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, this 841st regular meeting of the Council of the City of Livonia was duly adjourned at 9:00 P. M., August 25, 1976. ADDISON W. : 'CO CI r CLERK.