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HomeMy WebLinkAboutCOUNCIL MINUTES 1976-02-18 15450 L MINUTES OF THE EIGHT HUNDRED AND TWENTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 18, 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 05 P. M. . Councilman Ventura delivered the invocation. Roll was called with the following result Present--Robert E. McCann, Robert F. Nash, Jerry H. Brown, Jerry Raymond, Peter A. Ventura, Robert R. Bishop and Robert D. Bennett. Absent--None. 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, John Bunk, Fire Chief, Ronald Mardiros, City Assessor, John T. Dufour, Superintendent of Parks and Recreation, G. E. Siemert, City Engineer, Ralph Bakewell, Planning Department, Russell A. Gronevelt, Super- Lintendent of Operations Division, and Tommy Mitchell of the Traffic Commission. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #122-76 RESOLVED, that the minutes of the 828th regular meeting of the Council of the City of Livonia, held February 4, 1976, are hereby approved. Councilman Nash took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE PETITION NO. 75-7-1-21 FOR CHANGE OF ZONING FROM R-2B TO P.L. LA roll call vote was taken on the foregoing Ordinance with the following result. AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. None. 15+51 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 SECTION 21 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE PETITION NO. 75-7-1-22 FOR CHANGE OF ZONING FROM R-2 TO P.L. A roll call vote was taken on the foregoing Ordinance with the following result AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Brown took from the table for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING SECTION 16.11 OF ARTICLE XVI OF THE CITY OF LIVONIA ZONING ORDINANCE, AS AMENDED, ORDINANCE NO 54+3. (Petition No. 75-6-6-6) A roll call vote was taken on the foregoing Ordinance with the following result AYES• Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Bishop took from the table for second reading and adoption, the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition No. 75-8-3-7) 15452 A roll call vote was taken on the foregoing Ordinance with the following result AYES Ventura, Bishop, Bennett, Nash, Raymond and McCann. NAYS Brown. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Nash, seconded by Councilman Bennett, it was #123-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated January 22, 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, the Council does hereby determine to accept the following unit prices bid by the indicated suppliers for supplying the City (Building Maintenance Section) with the paper supplies listed as follows Unit Price Beecher Peck & Lewis 14451 W. Chicago, Detroit, Michigan 48228 100 cases Hudson Toilet Tissue $ 19.75 per case 360 cases Nibroc Paper Towels 8.90 per case Wolf Sanitary Wiping Cloth Co., Inc. 475 Wanda Avenue, Ferndale, Mich 48220 23 cases No. 3472 Kimberly-Clark Wipes $ 17.65 per case the foregoing having been in fact the lowest bids received for these items and meet all specifications. A roll call vote was taken on the foregoing resolution with the following result• AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None. By Councilman Nash, seconded by Councilman Brown, it was #124-76 RESOLVED, that having considered the report and recommendation of the Fire Chief dated January 28, 1976, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby determine to accept the bid of General Electric Company for supplying the City (Fire Division) with one emergency Medical Radio System to be located at St. Mary Hospital for the price of $6,706.00, the same having been in fact the lowest bid received for this item and meets all specifi- cations, further, the Council does hereby determine to appropraite the additional sum of $555.00 from the 1968 General Obligation Fire Station Bond Issue to cover the estimated cost of the City's share for the purchase of the said equipment, and the Council does hereby authorize the Mayor and the City Clerk to execute on behalf of the City of Livonia a Lease Agreement with St. Mary Hospital for the use and operation of a radio system in the manner and form set forth in the proposed Lease Agreement attached to the aforesaid communication. 15453 A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Brown, it was #125-76 RESOLVED, that having considered the report and recommendation from the Fire Chief, dated January 29, 1976, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby authorize the acceptance of and sale by the City of Livonia of a 1954 Fire Truck t.o Ken Griffin Fire Equipment Service, 255 Moss Avenue, Highland Park, Michigan 48203, for the price of $650.00 inasmuch as the same was the highest and only bid received with respect to the same, further, the Council does hereby authorize the transfer of the sum of $650.00, at such time as the same is received in connection with the sale of the aforesaid vehicle, from the General Fund to Vehicle Maintenance Account 101-338-939.000.000. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None. By Councilman Brown, seconded by Councilman Bishop, it was �r.. #126-76 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, dated January 26, 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, the Council does hereby authorize the execution of a contract by the City of Livonia with the firm of Garwood-Detroit Truck Equipment, Inc. , 21083 Mound Road, Warren, Michigan 48091 in the amount of $4,486.00 for the repair of a 1969 Mobil Street Sweeper in the manner indicated in the aforesaid com- munication, further, the Council does hereby determine to authorize the said contract without competitive bidding for the reasons indicated in the aforesaid communication, such action being taken in accordance with the provisions set forth in Section 2-213(d)-(4) and (5) of the Livonia Code of Ordinances (Financial Ordinance). A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None. By Councilman Raymond, seconded by Councilman Bishop, it was #127-76 RESOLVED, that having considered a communication from the Director of Finance dated January 20, 1976, approved for submission by the Mayor, which transmits an invoice from the Southeast Michigan Council of Govern- ments (SEMCOG) with regard to annual membership dues of the City of Livonia for the year 1976, the Council does hereby authorize the payment of the sum of $4,800.00 to SEMCOG for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incident- al to the full performance of this resolution. 15454 A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None. By Councilman Bishop, seconded by Councilman Ventura, it was #128-76 RESOLVED, that having considered a communication from the Director of Finance dated January 20, 1976, approved for submission by the Mayor, with regard to 1976 annual membership dues for Livonia to United States Conference of Mayors, the Council does hereby determine to authorize the payment of $1,800.00 to the United States Conference of Mayors 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, Bennett, Nash, Brown, Raymond and McCann. NAYS* None. By Councilman Nash, seconded by Councilman Raymond, it was #129-76 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated January 30, 1976, approved for submission by the Mayor, with regard to the Parks and Recreation Department Ice Show to be held on April 9 - 11, 1976 at the Ford Arena, the Council does hereby determine to recognize an increase in Recreation Department Revenue in the amount of $3,000.00 anticipated to be received from the sale of tickets at the five performances to be conducted as indicated in the aforesaid communication, and to appropriate the sum of $3,000.00 for the rental of necessary materials in connection with said Ice Show. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None. By Councilman Brown, seconded by Councilman Nash, it was #130-76 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated January 28, 1976, with regard to an application from Enzo Faparelli, 32645 Barkley, Livonia, Michigan, President and stockholder of Enz-Mar Corporation, for a new fullyf. Class C and SDM License to be located at 27777 Schoolcraft, Livonia, Michigan, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result ; AYES. Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. *Ventura. The President declared the resolution adopted 15455 *Councilman Ventura made the following statement Njy 'no' vote is cast because I feel that the petitioner for a Class "C" License should have the opportuni- ty to appear and present his plans for the same. By Councilman Brown, seconded by Councilman Nash, and unanimously adopted, it was #131-76 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated January 28, 1976, with regard to an application from Enzo Paparelli, 32645 Barkley, Livonia, Michigan, President and stockholder of Enz-Mar Corporation, for new full year Class C and SDM license to be located at 27777 Schoolcraft, Livonia, Michigan, the Council does hereby request that the Department of Law sub- mit a report concerning Michigan Liquor Control Commission's requirements for operators of Banquet and Catering Facilities which serve beer, wine and liquor purchased at retail, and particularly in this regard the need, if any, for an SDM and/or Class C License. By Councilman Raymond, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication dated January 30, 1976 from the Michigan Liquor Control Commission, with regard to an application from Attorney John J. Raymond, Jr., 911 West Big Beaver Road, Suite 411, Troy, Michigan, submitted on behalf of Woi Choi, Inc. for a new full year Class "C" License to be located at 8997 N. Wayne Road, Livonia, Michigan, the Council does hereby determine to refer the same to its Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result: AYES Bishop, Raymond and McCann. NAYS *Ventura, *Bennett, Nash and Brown. The President declared the resolution DENIED. *Councilman Ventura and Councilman Bennett made the statement that their 'no' vote was cast because they believed that the applicant for a Class C license should be given the opportunity to present his plans for same. By Councilman Bennett, seconded by Councilman Bishop, it was #132-76 RESOLVED, that having considered a communication dated January 30, 1976 from the Michigan Liquor Control Commission, with regard to an Imp application from Attorney John J. Raymond, Jr., 911 West Big Beaver Road, Suite 411, Troy, Michigan, submitted on behalf of Woi Choi, Inc. for a new full year Class "C" license to be located at 8997 N. Wayne Road, Livonia, Michigan, the Council does hereby determine to refer the same to the next Study Session of the Council to be conducted on February 23, 1976. 15456 A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Bennett, Nash and McCann. NAYS* Bishop, Brown and. Raymond. The President declared, the resolution adopted. By Councilman Nash, seconded by Councilman Bishop, it was #133-76 RESOLVED, that having considered a report from the City Engineer and the Superintendent of Operations, dated. January 13, 1976, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the firm of Goodell, Grivas and Associates to prepare an application for federal funding and submit the same to the Office of Highway Safety Planning for completing and develop- ing a computerized "Sign Inventory System" and a "Roadside Obstacle Inventory" at an estimated cost of $32,564.00, with the City's share being $9,769.20, and for this purpose the Council does hereby authorize the Mayor and City Clerk to execute an engineering agreement with the said firm of Goodell, Grivas and Associates, subject to the approval as to form of said agreement by the Department of Law, and which agreement shall be conditioned upon and made subject to the approval of the application for federal funding by the Office of Highway Safety Planning; further, the Council does hereby appropriate the sum of $9,769.20 from the City's Motor Vehicle Highway Funds receipts subject to the approval of the application for federal funds by theOffice of Highway Safety Planning, 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, Bennett, Nash, Brown, Raymond and McCann. NAYS None. By Councilman Bennett, seconded by Councilman Bishop, it was #134-76 RESOLVED, that having considered the report and recommendation of the City Engineer dated. January 22, 1976, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the installation of street lights on Six Mile Road between Levan Road and. Merriman Roads, the Council does hereby determine to refer the same to the Streets, Roads and. Plats Committee for its report and recommendation. roll call vote was taken on the foregoing resolution with the following result. AYES. Ventura, Bishop, Bennett, Raymond and McCann. NAYS. Nash and Brown. Ib. The President declared, the resolution adopted. By Councilman Ventura, seconded by Councilman Bishop, it was 15457 #135-76 RESOLVED, that having considered the report and recommendation from the City Engineer dated January 21, 1976, approved by the Director of PUblic Works and approved for submission by the Mayor, and the attached final Construction Estimate dated January 19, 1976, the Council does hereby authorize Final Payment in the amount of S20,045.24 to Century Cement Company, 2461 Gorno, Trenton, Michigan 48183, which sum includes the full and complete balance due on a contract dated. August 12, 1975 in the amount of $67,677.'50, the actual contract amount completed to date being S51,165.21, in connection with the 1975 Miscellaneous Sidewalk and Drive Approach Program, it appearing from the aforementioned report that all work under the said contract, except as otherwise specified, has been completed in accordance with City standards and specifications and that the necessary Contractor's Affidavit, and Maintenance and Guarantee Bond have been filed, further, the Council does hereby authorize an additional payment of $2,000.00 to the contractor upon certification by the Engineer- ing Division to the Finance Department that all work has been satisfactori- ly completed adjacent to Bureau of Taxation Parcel 01j1-10, and the Council does also authorize an expenditure of S11,974.28 from the 9.8 Million Dollar General Obligation Road Improvement Bond. Issue to cover the City's cost in this project, and the Department of Finance is herein authorized to request payment from the Livonia Public Schools School District in the amount of $1,336.80 for costs incurred in connection with work completed at the Churchill and Johnson school sites, and the City Clerk and. City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and. McCann. NAYS None. By Councilman Bishop, seconded by Councilman Bennett, it was #136-76 RESOLVED, that having considered the report and recommendation of the City Engineer dated January 21, 1976, approved by the Director of Public Works and approved for submission by the Mayor, regarding replace- ment and/or construction of new sidewalks and/or drive approaches in the City of Livonia at the following parcels and in the following amounts Item Number Special Assessment 01j142 $469.70 01j119 315.70 01j117 304.15 01j184 612.15 LI 01j185 146.30 01j180 138.60 0101 138.60 15458 Item Number Special Assessment 01j362si51.42 01,1371166.30 01,11-10 968.09 01FFGG 468.38 02Alla 347.60 02c459 87.84 02c464 93.63 02c481 239.93 02c470 87.84 02h11 31.39 02c453 150.89 02c452 84.66 02G6a 82.66 02c455 117.77 02G3a 76.07 02C457 93.20 02Gla 134.99 02c484a1a 84.55 09a131,132 154.00 09a133 through 139 539.00 10b85,86 139.53 10b87 through 98 924.00 10b99 77.00 10b100,101,102 249.33 % 11b3,4,5 111110ala 169.03 143.88 11b269 168.82 15459 Item Number Special Assessment 11b19,20 $183.03 11b29 287.79 11b186 218.08 11b107 168.72 11b110 204.78 11b59 93.33 11b57 103.67 11b55 151.68 lljl 962.50 12e23 159.60 12e26 157.45 12e18 184.43 13f96 119.66 L. 13f98 157.99 1319 84.93 13f24 82.70 13f86 252.131 13f19 740.74 13f88 219.59 13f91 207.21 13193 115.37 13f36 141.6o 13f34 163.55 14f44 466.08 14f43 156.90 15c9b 138.06 17F2b1a2 526.68 15460 Item Number Special Assessment 20h130 $ 92.40 22t453 124.95 22Z3bld,22Z3ble 332.64 22Z3a2a1 199.03 22Z3a3al 191.82 22E15 319.32 22E14a 202.65 22E13c 199.03 22E10a 312.55 22E8a 179.20 22E6al,bl 179.07 22Z3a1a 204.02 22a90-93 542.54 22a88,89 128 83 22a145,146a 97.95 22F1a 138.05 22E1a1 142.48 22E2a1 177.41 22F2a 142.48 23a28 361.90 24a74 168.82 24a125,126 87.56 2611-f 230.49 26Flelal 180.11 26Fldlb 508.03 26H2a1, 26H1a,2a2 1013.70 2611e1 596.91 26E4a 541.86 15461 Item Number Special Assessment 27G5a $320,40 27G4b1 335.57 27G4a1 334.18 27G2a1 274.43 27G1cH1 320.94 2711,glb 334.06 27J1,G1a3 318.94 27A31a 314.93 27G8a 285.20 27A32a1a1,b2b 3316.27 27 G10a1 583.05 27G6a 538.54 27G9a1 296.30 27A25a 395.01 29c7 231.08 29b3 1443.38 29L2 675.65 30c59 373.38 30c58 291.29 30c55 259.26 30c53 369.37 30c54 279.20 30c50 282.00 30c49 255.27 30c48277.21 30c46 301.36 30c1 826.16 34t2402 41.25 15462 Item Number Special Assessment 34f1514 $ 41.25 34a13,14 222.75 34a15 99.00 34a16,17 198.00 34a22-25 420.75 34a204-210 694.65 34a211-217 608.19 34a224 99.00 34a229,230 123.75 34a235,236 297.00 35D7a1 419.03 35D5a,6 836.22 35D22a1 208.67 35D29a1 218.68 35D24a2 130.29 35C1d2a1 320.63 36g120 39.19 36g108 16.50 36g107 4.13 36g14 82.50 36g13 82.50 36g11 61.88 36g3 68.06 36g2 160.88 36g16 51.56 36g17 214.50 36g41 41.25 36g40 37.13 15463 Item Number Special Assessment 36g25 $ 35.06 36g29 53.63 36g34 61.88 36g57 90.34 36g55 71.36 36g65 16.50 36g71 41.25 36g89 20.63 36g115 90.75 36g117 41.25 36a179 90.95 36a100 89.51 36b965a 80.18 22ella 108.97 36U33 79.03 36U38 82.50 36g10 43.31 which work was done pursuant to council resolution numbers 314-75, 675-75, 259-74, 608-74 and 151-73 and in accordance with the provisions of Section 5-137 of Chapter 1 of Title 5 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 2-515 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of Wednesday, April 21, 1976 at 8 00 p. m. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assess- ment upon said property for such charges unless the same are paid prior to the date of such meeting, 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, Bennett, Nash, Brown, Raymond and McCann. NAYS None. 15464 By Councilman Brown, seconded by Councilman Ventura, and, unanimously adopted, it was #137-76 RESOLVED, that having considered a communication from the City Engineer dated January 28, 1976 which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to council resolution 41040-75 and to which is attached a list of locations requiring the installation of sidewalks on Dover Avenue between Middlebelt Road and Henry Ruff Road in the Bonaparte Gardens Subdivision, the Council does hereby determine to refer the same to the School Board and City Council Joint Committee for its report and recommendation. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was #138-76 RESOLVED, that having considered a communication from the City Engineer (Street Administrator) dated January 26, 1976, approved by the Director of Public Works and approved for submission by the Mayor, which together with certain attachments from the Traffic Bureau and the Opera- tions Division submits an Implementation Flan for revisions deemed neces- sary to correct certain deficiencies in the City's Major Street System, the Council does hereby determine to refer the same to the Streets, Roads and. Plats Committee for its report and recommendation. *Councilman Nash was excused at 8.46 p. m. By Councilman Raymond, seconded by Councilman Ventura, it was #139-76 RESOLVED, that having considered the report and recommendation from the City Engineer dated January 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 Hampshire Estates Subdivision, the Rouge Valley Construction Company, 32300 Schoolcraft, Suite D-8, Livonia, Michigan of the Cash Escrow in the amount of $2,075.00 previously deposited to insure the installation of survey monuments and markers within the subject subdivision, and deposited with the City in accordance with council resolution 4640T75, and further, the financial assurances now on deposit with the City for general improvements and sidewalk improvements shall remain the same and unchanged, the action taken herein being taken for the reasons indicated in the aforementioned report of the City Engineer, 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, Bennett, Brown, Raymond and. McCann. NAYS. None. *Councilman Nash returned at 8 47 p. m. 15465 By Councilman Raymond, seconded by Councilman Nash, it was #140-76 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated January 20, 7.976 which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the offer of a gift of a 1963 Chevrolet school bus to the Police Department by the Boy Scouts of America Troop #796, the Council does hereby determine to accept the said offer in behalf of the City of Livonia as well as to express its gratitude and thanks in sincere appreciation to said Troop #796 for this generous donation. A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Bishop, seconded byCouncilman Brown, it was #141-76 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated January 19, 1976 which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which recommends the establishment of the following fees in connection with the processing of permits and registrations in the Central Record Bureau of the Police Division 1) Gun Purchase Permits $10.00 2) Gun Registrations 3.00 3) Carrying Concealed Weapons Permits 12.50 4) Private Police & Immigration Fingerprinting 3.50 5) Miscellaneous Record Clearances 3.50 the Council does hereby determine to concur in and approve of same. A roil call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #142-76 RESOLVED, that having considered a communication from Mr. Eldon R. Raymond of the Zoning Board of Appeals dated January 22, 1976 which contains certain suggestions concerning the Zoning Ordinance and its application in mature neighborhoods as well as comments concerning the proposed revision of sign provisions in said ordinance, the Council does hereby determine to refer the same to the City Planning Commission for its report and recommendation. By Councilman Raymond, seconded by Councilman Brown, it was 15466 #143-76 RESOLVED, that having considered a communication from the Executive Director of the Bicentennial Committee dated February 4, 1976 with regard to the lecture of Mr. Alvin Toffler to be conducted on the campus of Schoolcraft College on March 23, 1976, the Council does herby determine to authorize the expenditure of the sum of $1,550.00 to Schoolcraft College from funds previously appropriated for this purpose in order to pay for the City's share in the cost of co-hosting the said lecture, and further, the Council determines that the Bicentennial Committee's share of the monies received through the sale of tickets for this activity shall be deposited in the General Fund and thereafter credited to Account 101-936-882-160. A roll call vote was taken on the foregoing resolution with the following result AYES• Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS• None. By Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was #144-76 RESOLVED, that the Council does hereby request that the Engineer- ing Division and the Streets, Roads and Plats Committee submit their respective reports and recommendations concerning the matter of improve- ment of the Chesapeake & Ohio Railroad bed at the following grade cros- sings in the City of Livonia Newburgh Road, Stark Road, Inkster Road, Levan Road, and Eckles Road. By Councilman Raymond, seconded by Councilman Ventura, it was #145-76 RESOLVED, THAT having considered a communication from the Michigan Liquor Control Commission dated September 30, 1975 and the report and recommendation from the Chief of Police dated November 12, 1975 in connection therewith, the Council does hereby determine to refer the request from Samuel I. Moy, Incorporated for adding space to its 1975 Class C Licensed premises at 16825 Middlebelt Road, Livonia, Michigan 48154, to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES• Ventura, Nash, Raymond and McCann. NAYS Bishop, Bennett and Brown. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bennett, and unanimously adopted, it was 15467 #146-76 RESOLVED, that having considered a communication from Mr. James M. Ginn, 20833 Southfield Road, Suite 101, Southfield, Michigan 48075, submitted in behalf of Pizza Hut of Kalamazoo, Inc. , to which are attached communications from Mr. Ginn to Michigan Liquor Control Commission, dated February 3, 1976 and a communication dated February 5, 1976, from the Michigan Liquor Control Commission, indicating that pursuant to Mr. Ginn's request, the application of Pizza Hut of Kalamazoo, Inc. for a new Class "C" Liquor License to be located on Farmington Road, South of Seven Mile Road, Livonia, Michigan has been cancelled, which request was previously referred to the Committee of the Whole in Council Resolu- tion #53-76, the Council does hereby determine to discharge the same from the Committee of the Whole and to take no further action with respect to this item. By Councilman Ventura, seconded by Councilman Raymond, it was #147-76 RESOLVED, that having considered a communication dated February 9, 1976, from the Department of Law, transmitting for Council acceptance a Warranty Deed and a Grant of Easement which documents were secured in connection with the extension and paving of Fairlane Avenue in the North 1/2 of Section 28, and the construction of a sanitary sewer adjacent thereto, which instruments are more particularly described as 1. Warranty Deed dated December 2, 1975 executed by Stark Road Properties, Ltd. , by Clarence P. Jahn, General Partner, conveying to the City The East 60 feet of the West 360 feet of the North 30.50 of Lot 807 and that part of Lot 808 lying South of Industrial Road (60 feet wide) described as the East 60 feet of the West 360 feet of said Lot 808, said lots being part of Supervisor's Livonia Plat No. 14, as recorded in Liber 70, Page 69, Wayne County Records, said plat being of the North 1/2 of Section 28, T. 1 S. , R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan. (Fairlane Avenue Right-of-Way) and 2. Grant of Easement dated February 3, 1976 executed by Stark Road Properties, Ltd., a Michigan limited co-partner- ship, by Clarence P. Jahn, General Partner, conveying to the City A twelve (12) foot wide easement described as the East 12 feet of the West 300 feet of the North 30.50 of Lot 807 and that part of Lot 808 lying South of Industrial Road (60 feet wide) described as the East 12 feet of the West 300 feet of said Lot 808, said lots being part of Supervisor's Livonia Plat No. 14, as recorded in Liber 70, Page 69, Wayne County Records, said plat being of the North 1/2 of Section 28, T. 1 S., R. 9 E. , Livonia Township (now City of Livonia), Wayne County, Michigan (sanitary sewer installation) 15468 the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Warranty Deed and the Grant of Easement 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 incident- al to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result- AYES. Ventura, Bishop, Bennett, Nash, Brown, Raymond and. McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Raymond, it was #148-76 RESOLVED, that having considered a communication dated February 9, 1976, submitted pursuant to Council resolution #30-76, transmitting for acceptance Deed (C) executed on February 9, 1976 by Gordon G. Wright, Vice-President and Trust Office of Manufacturers National Bank of Detroit, a National banking association, Trustee under Jean Boyd Hill Trust Agreement dated August 31, 1971, conveying to the City the following described property: The N. E. 1/4 of Section 6, T1S, R9E, City of Livonia, Wayne County, Michigan, except the W. 737 ft. thereof, also except the N. 60 ft. thereof, also except the E 60 ft. thereof. (Wayne County Bureau of Taxation Yarcels 06Ala and 06B1). the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Deed (Z) and the City Clerk is hereby requested to have the same recorded in the office of theWayne County Register of Deeds and to do all other things aecessary or incidental to the full performance of this resolution, FURTHER, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city owned and exempt. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. None. The quarterly report submitted by the City Treasurer under date of February 6, 1976, relative to all deposits of the City in all of its general depositories from September 1, 1975 through November 30, 1975, in response to Council Resolution No. 51-75, was received and filed for the information of the Council. IN. The communication dated February 4, 1975 from the Traffic Commission, relative to the request for Stop Sign on Brookfield, south of Five Mile Road, CR- 1005-75, was received and filed for the information of the Council. 15469 Councilman Ventura gave first reading to the following Ordinance- L AN ORDINANCE AMENDING SECTION 14 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. 75-7-1-26 FOR CHANGE OF ZONING FROM RUF TO P. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and, is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bennett gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 14 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 L SECTION THERETO. RE PETITION NO. 75-7-1-27 FOR CHANGE OF ZONING FROM C-1 TO RUF. 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. Councilman Brown gave first reading to the following Ordinance . AN ORDINANCE AMENDING SECTION 18.24 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "ZONING ORDINANCE OF THE CITY OF LIVONIA." (Petition No. 75-7-6-10) Inc 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. IwgThe foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. 15470 Councilman Bennett gave first reading to the following Ordinance, as Lrevised by the Legislative Committee AN ORDINANCE AMENDING SECTION 15.05 OF ARTICLE XV OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "ZONING ORDINANCE OF THE CITY OF LIVONIA." (Petition No. 75-6-6-2) 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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bennett gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 16.05 OF ARTICLE XVI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "ZONING ORDINANCE OF THE CITY OF LIVONIA. " (Petition No. 75-6-6-3) 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 Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #149-76 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated February 3, 1976 submitted pursuant to Council resolution #972-75 with respect to Petition No. 75-6-6-4 submitted by the City Planning Commission on its own motion requesting an amendment to Section 11.02 of the Zoning Ordinance relating to lumber and material sales, the Council does hereby determine to refer this item back to the City Planning Commission for further study and thereafter a new report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, it was RESOLVED, that having considered the report and recommendation L of the Legislative Committee dated February 3, 1976 submitted, pursuant to council resolution #973-75 in connection with the communication from the City Planning Commission dated August 28, 1975 which sets forth its resolution #8-173-75 with regard to Petition No. 75-6-6-5, submitted by 15471 the City Planning Commission on its own motion to amend Section 9.03, Waiver Uses, in P.S. Districts, of Zoning Ordinance No. 543, as amended, by adding paragraph (j ) pertaining to veterninary clinics, the Council having conducted a public hearing with regard to this matter on November 10, 1975, pursuant to council resolution #802-75, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition #75-6-6-5 is hereby approved and granted as revised in the aforesaid report of the Legislative Committee, and the Department of Law is hereby 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. None. NAYS. Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. The President declared the resolution DENIED. By Councilman Bennett, seconded by Councilman Bishop, it was #150-76 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated February 3, 1976 submitted pursuant to Council resolution #973-75 in connection with the communication from the City Planning Commission dated August 28, 1975 which sets forth its resolu- tion #8-173-75 with regard to Petition No. 75-6-6-5, submitted by the City Planning Commission on its own motion to amend Section 9.03, Waiver Uses, in P.S. Districts, of Zoning Ordinance No. 543, as amended, by adding paragraph (j ) pertaining to veterinary clinics, and the Council having conducted a public hearing with regard to this matter on November 10, 1975, pursuant to Council resolution #802-75, the Council does hereby reject the recommendation of the City Planning Commission and Petition No. 75-6-6-5 is hereby denied. A roil call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None. By Councilman Bennett, seconded by Councilman Ventura, it was #151-76 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated February 3, 1976 submitted pursuant to Council resolution #975-75 in connection with the communication from the City Planning Commission dated August 28, 1975 which sets forth its resolu- tion #8-174-75 with regard to Petition #75-6-6-8, submitted by the City Planning Commission on its own motion to amend Section 10.03, Waiver Uses in C-1 Districts, of Zoning Ordinance No. 543, as amended, by adding paragraph (f) pertaining to veterinary clinics, and the Council having conducted a public hearing with regard to this matter on November 10, 1975 pursuant to Council resolution #802-75, the Council does hereby concur in the recommendation of the City Planning Commission and. Petition #75-6-6-8 15472 is hereby approved and granted as revised in the aforesaid report of the LLegislative Committee, and the Department of Law is hereby 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 Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Bennett, seconded by Councilman Ventura, it was #152-76 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated February 3, 1976 submitted pursuant to Council resolution #784-75 in connection with the communication from the Mayor dated August 27, 1975 to which is attached a proposed ordinance amendment to the City's licensing provisions concerning produce stands, the Council does hereby determine to refer this item back to the Mayor inasmuch as the proposal submitted lacks legal efficacy, further, the Department of Law is hereby requested to submit a report and analysis concerning existing produce stands in Livonia and the application of Zon- ing Ordinance provisions in connection therewith, including nonconforming status of same, prior ordinance provisions, and such other pertinent information as may be appropriate to this subject. LA roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Raymond and McCann. NAYS Brown. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #153-76 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. *Councilman Nash was excused at 9 35 p. m. By Councilman Ventura, seconded by Councilman Bishop, it was #154-76 RESOLVED, that having considered the report and recommendation from the City Engineer dated February 2, 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 Madonna Estates Subdivision L No. 3, the Rouge Valley Construction Company, 32300 Schoolcraft Road, Suite D-8, Livonia, Michigan, of the cash escrow in the amount of $1,220 00 previously deposited to insure the installation of survey monuments and 15473 markers within the subject subdivision, and deposited with the City in accordance with Council resolution #482-74 adopted on June 19, 1974, as amended by Council resolution 4765-74 adopted October 9, 1974, and further, the financial assurances now on deposit with the City for general improve- ments and sidewalk improvements shall remain the same and unchanged, the action herein being taken for the reasons indicated in the aforementioned report of the City Engineer, 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, Bennett, Brown, Raymond and McCann. NAYS None. *Councilman Nash returned at 9 36 p. m. By Councilman Raymond, seconded by Councilman Ventura, it was #155-76 RESOLVED, that having considered a communication from the Ad Hoc Senior Citizens Housing Committee dated February 10, 1976 with regard to the employment of the firm of Ralls-Hamill-Becker-Carne, Inc., 33900 Schoolcraft Road, Suite U-1, Livonia, Michigan 48150,for performing services in connection with the proposed 100 unit Moderate Income Elderly Housing Project, which employment was previously authorized by Council resolution #1052-75, the Council does hereby authorize the expenditure and payment of the sum of $5,000.00 to the said architectural firm in accord- ance with the provisions set forth in the contract executed between the City of Livonia and the said firm, said sum to be expended from monies previously appropriated by Council 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, Bennett, Nash, Bishop, Brown, Raymond and McCann. NAYS None. By Councilman Nash, seconded by Councilman Ventura, it was #156-76 RESOLVED, that having considered a communication from the Mayor dated January 28, 1976 to which is attached a proposed Charter amendment which would establish four-year terms of office for the Mayor, the Council, the City Clerk and the City Treasurer, the Council does hereby determine to refer the same to its Legislative Committee for report and recommendation. A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, Bennett, Nash, Bishop, Brown, and Raymond. NAYS McCann. The President declared the resolution adopted. 15474 By Councilman Bishop, seconded by Councilman Raymond, it was #157-76 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated February 10, 1976 submitted pursuant to Council resolution No. 903-75 in connection with a communica- tion from the City Planning Commission dated October 10, 1975 which transmits its resolution #9-209-75 adopted on September 16, 1975, with regard to Petition No. 75-3-8-4 submitted by Ralph Weber for Color Tile, requesting approval of Sign Design Plan as required by Section 18.47 of the Zoning Ordinance in connection with a proposal to construct a retail store on property located on the east side of Middlebelt Road between St. Martins and Bretton in Section 1, the Council does hereby determine, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, to concur in the recommendation of the City Planning Commis- sion and Petition No. 75-3-8-4 is hereby approved, subh approval to be based upon the following conditions (a) Sign Plan #5232, prepared by Community Signs, Fort Worth, Texas, dated April 4, 1973, shall be adhered to except that (1) metal decking shall be installed between the support columns of the sign, and (2) the overall height of the sign shall be limited to twenty-six feet five inches (26' 5"). L (b) The sign shall be installed adjacent to the north property line and shall be set back a distance of no less than forty-two feet (42' ) from Middlebelt. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Brown and Raymond. NAYS McCann. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Brown, it was 4158-76 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated February 10, 1976 submitted pursuant to Council resolution #909-75, in connection with a communication from United Homes, Inc. , dated October 15, 1975, wherein a request is submitted for the City to develop certain property located on Stamford Avenue between Clarita and Curtis, the cost of which is to be defrayed by special assessments, the Council does hereby determine to take no further action with respect to the same at this time. L A roll call vote was taken on the foregoing resolution with the following result AYES Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS Ventura. The Pres.Llent declared the resolution adopted. 15475 By Councilman Ventura, seconded by Councilman Bishop, it was A.59-76 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated October 29, 1975 and the report and recommendation of the Chief of Police dated December 17, 1975 in connection therewith, the Council does hereby approve of the request from Great Scott Super Markets, Inc. to add space to their 1975-1976 SDM Licensed Business located at 29250 Plymouth Road, Livonia, Michigan, 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, Bennett, Nash, Brown, Raymond and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Bishop, it was #160-76 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee as a result of its meeting conducted on February 11, 1976 and submitted pursuant to Council resolution #87-76 in connection with a communication from the Water and Sewer Board dated January 21, 1976, approved for submission by the Mayor, and which trans- mits its resolution #WS 2064 12/75, the Council does hereby determine to approve the Water Budget as submitted for the Fiscal Year beginning March 1, 1976 through February 28, 1977, pending the revision thereof so as to reflect therein currently approved salaries A roll call vote was taken on the foregoing resolution with the following result AYES• Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Bishop, it was #161-76 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee as a result of its meeting conducted on February 11, 1976, and submitted pursuant to council resolution #87-76 in connection with a communication from the Water and Sewer Board dated January 21, 1976, approved for submission by the Mayor, and which trans- mits its resolution #WS 2064 12/75, the Council does hereby determine to approve the Sewer Budget as submitted for the Fiscal Year beginning March 1, 1976 through February 28, 1977, pending the revision thereof so as to reflect therein currently approved salaries. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS. None. By Councilman Brown, seconded by Councilman Bishop, it was 151.76 #162-76 WHEREAS, the Detroit Metropolitan Water Board on December 15, 1975 by a four to three vote of its members determined to raise water rates 39% to be effective May 1, 1976, and WHEREAS, the said proposed increase in water rates appears to have no reasonable relationship to costs incurred for supplying said water and may, therefore, be unjust and inequitable, and WHEREAS, at a meeting conducted in Livonia on February 9, 1976 the representatives of some seventy communities voted to request that their respective legislative bodies pledge a contribution of five cents per capita as their pro rata share of costs that may be incurred by such legal action as may be necessary to assure that an increase in water rates shall not be implemented unless and until the aforesaid action of the Detroit Metropolitan Water Board is demonstrated to have been justified and equitable to all communities served by the water system, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livonia takes this means to indicate its support of Mayor Edward H. McNamara in his opposition to the proposed water rate increase, further, in the event it becomes necessary to litigate the issues involved, the City Council does hereby pledge that at such time it will appropriate a sum in the amount of Five Thousand Dollars ($5,000.00) as this City's share of the cost of such litigation. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Brown, Raymond and McCann. NAYS None. On motion of Councilman Nash, seconded by Councilman Brown, and unanimously adopted, this 829th Regular Meeting of the Council of the City of Livonia was duly adjourned at 10 10 P. M., February 18, 1976. � ADDISON . BACIN, CI CLERK c