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HomeMy WebLinkAboutCOUNCIL MINUTES 1975-07-23 15094 L MINUTES OF THE EIGHT HUNDRED AND FOURTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 23, 1975, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8.05 P. M. . Councilman McCann delivered the invocation. Roll was called with the following result. Present--Robert F. Nash, Robert R. Bishop, Peter A. Ventura, Jerry Raymond, Robert E. McCann and Robert D. Bennett. Absent--Jerry H. Brown (Excused-Hospitalized). Elected and appointed officials present Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney, Jack Dodge, Finance Director, Michael McGee, Administrative Assistant to the Mayor, Robert Turner, Police Chief, G. E. Siemert, City Engineer, John Nagy, City Planner, John T. Dufour, Superintendent of Parks and L Recreation; Joseph Falk, Planning Commission; and Thaddeus Opalinski of the Traffic Commission. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #607-75 RESOLVED, that the minutes of the 813th Regular Meeting of the Council of the City of Livonia, held July 9, 1975, are hereby approved. By Councilman McCann, seconded by Councilman Raymond, and unanimously adopted, it was #608-75 RESOLVED, that having considered the communication from the City Clerk, dated July 21, 1975, which transmitted the Certified Financial statements of the various funds of the City of Livonia for the Fiscal Year ended November 30, 1974, the Livonia Pension Retirement System for the Year ended November 30, 1974, and the funds of the Water and Sewer Division for the Year ended February 28, 1974, as examined and prepared by the firm of Coopers & Lybrand, Certified Public Accountants, as well as the Public Accountants' Management Report of Comments and Recommendations relative to their audit, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. LBy Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was 15095 4609-75 RESOLVED, that having considered a communication from the Michigan Municipal League dated July 10, 1975, the Council does hereby determine to designate Mayor. Edward H. McNamara as Official Representative, Jerry H. Brown as Alternate Representative, and Robert R. Bishop as second Alternate Representative to represent the City of Livonia at the Annual Meeting of the Michigan Municipal League to be held in the Grand Hotel, Mackinac Island, September 4-6, 1975, and the City Clerk is hereby requested to transmit a certified copy of this resolution with the attached card to the Michigan Municipal League. By Councilman McCann, seconded by Councilman Bennett, it was #610-75 RESOLVED, that having considered a communication from the City Engineer dated June 24, 1975, 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 authorize the transfer of the sum of $1,800.00 from the Engineering Division's Salaries and Wages Account (No. 702) to the following Accounts in the following amounts. 1. Tools and Supplies (No. 766) $ 200.00 2. Printing (No. 904) 1,600.00 $ 1,800.00 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: McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS• None. By Councilman Bishop, seconded by Councilman Ventura, it was 4611-75 RESOLVED, that having considered the report and recommendation of the City Engineer dated July 9, 1975, 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 Nagle Asphalt Paving Company to construct two (2) Tennis Courts at the Blue Grass Farms Park for the estimated price of $23,000.00, and two (2) Tennis Courts at the Country Homes Park for the estimated price of $15,000.00, such work to be performed as an additional item to the exist- ing contract between the City and Nagle Asphalt Paving Company based on unit prices bid and subject to final payment being based on the actual units of work as constructed in accordance with said unit prices, further, the Council does hereby authorize for this purpose the expenditure of a sum not to exceed $23,000.00 from Federal Revenue Sharing Funds previously appropriated in Council Resolution No. 298-75 for the development of the Blue Grass Farms, and does further appropriate the sum of $15,000.00 from Federal Revenue Sharing Funds for the construction of the two (2) Tennis Courts at the Country Homes Park, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. 15096 A roll call vote was taken on the foregoing resolution with the following result LAYES McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS- None. By Councilman McCann, seconded by Councilman Bishop, it was #612-75 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated June 18, 1975, approved by the Director of Finance, and approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $1,200.00 from the Golf Course Maintenance Account No. 697-776 to Account No. 697-778, the action taken herein being for the reasons indicated in the aforesaid communica- tion. A roll call vote was taken on the foregoing resolution with the following result AYES McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS. None. By Councilman Raymond, seconded by Councilman McCann, it was #613-75 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated June 18, 1975, approved by the Director of Finance, and approved for submission by the Mayor, the Council does hereby appropriate the sum of $4,590.00 from Act 51 monies to be paid to Wayne-Oakland Landscape & Nursery Sales, 31539 W. Eight Mile Road, Livonia, Michigan 48152 for the purchase by the City of 170 Columnar Maples for installation in Rosedale Gardens; 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 McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS None. By Councilman Ventura, seconded by Councilman Raymond, it was #614-75 RESOLVED, that having considered a communication from the Mayor dated July 1, 1975, with regard to bus tours conducted on May 10, 17, 24, and 31, 1975 the cost of which is in the amount of $159.60, the Council does hereby appropriate the sum of $159 60 from the Unexpended Fund Balance Account to be paid to the Livonia Public Schools 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 vot was taken on the foregoing resolution with the following result AYES• McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS None. 15097 L By Councilman Bennett, seconded by Councilman Ventura, it was #615-75 RESOLVED, that having considered a communication from the Council President dated July 8, 1975, the Council does hereby authorize the transfer of the sum of $150.00 from Account No. 101-728 (Office Supplies) to Account No. 101-970 (Capital Outlay) for the purchase of a bookcase for personal reference materials. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS• None. By Councilman McCann, seconded by Councilman Raymond, it was #616-75 RESOLVED, that having considered a communication from the Industrial Development Commission dated June 25, 1975, which bears the signature of the Finance Director, and is approved for submission by the Mayor, and which transmits its Resolution No. 201-4-75, adopted on April 30, 1975, with regard to the proposed purchase of certain residential property located in Section 28 for the proposed opening of an industrial road in this area, the Council does hereby refer this matter to the Department of Law for the purpose of negotiating a purchase agreement, the same to thereafter be submitted to Council for its consideration. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. *Councilman Raymond was excused at 8.22 p. m. By Councilman Bishop, seconded by Councilman Ventura, it was #617-75 RESOLVED, that having considered a communication dated September 28, 1971 from the City Planning Commission which sets forth its Resolution No. 9-256-71 with regard to Petition No. 71-6-1-47 submitted by Steve and Anna Oliwek for a change of zoning of property located on the west side of Newburgh Road, south of Six Mile Road in the Northeast 1/4 of Section 18, from R-3-B to P.S., and the Council having conducted a public hearing with regard to this matter on January 10, 1972 pursuant to Council Resolu- tion No. 1016-71, and the Council having also considered a communication dated July 1, 1975 from Mr. Donald C. Deremo, Attorney at Law, submitted in connection therewith, the Council does hereby determine to refer this matter back to the City Planning Commission for the purpose of conducting a new Public Hearing and thereafter a report and recommendation to Council. A roll call vote was taken on the foregoing resolution with the following result- AYES• McCann, Bennett, Bishop, Ventura and Nash. NAYS. None. *Councilman Raymond returned at 8 23 p. m. 15098. By Councilman McCann, seconded by Councilman Ventura, it was #618-75 RESOLVED, that having considered a communication dated June 25, 1975 from the Assistant City Assessor, approved for submission by the Mayor, with regard to a request from Mrs. Ora M. Powell, 28625 Pickford, Livonia, Michigan 48152, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed Division or Partition of Parcel 12C2lb and the East 10 feet of Parcel 12C2la would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing of same into two (2) parcels, the legal descriptions of which shall read as follows• Parcel 1 W. 1/2 of the S. W. 1/4 of the N. W. 1/4 of the S. E. 1/4 of the N. W. 1/4 of Section 12, except North 30' thereof and except east 75' thereof, City of Livonia, Wayne County, Michigan, Parcel 2 East 75' of the W. 1/2 of the S. W. 1/4 of the N. W. 1/4 of the S. E. 1/4 of the N. W. 1/4 of Section 12, except north 30' thereof, City of Livonia, Wayne County, Michigan. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result AYES McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS None. By Councilman Ventura, seconded by Councilman McCann, it was #619-75 RESOLVED, that having considered a communication dated July 3, 1975 from the Assistant City Assessor, approved for submission by the Mayor, with regard to a request from Mr. William 0. Aho, 20240 Hugh, Livonia, Michigan 48152, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed Division or Partition of Parcel 02b18a would not be contrary to the spirit and purpose of the afore- said Ordinance, and does, accordingly, approve of dividing of same into two (2) parcels, the legal descriptions of which shall read as follows Parcel No. 1 North 1/2 of the west 1/2 of Lot 18, Elmwood Farms Subdivision, City of Livonia, Wayne County, Michigan, 15099 Parcel No. 2 South 1/2 of the west 1/2 of Lot 18, Elmwood. Farms Subdivision, City of Livonia, Wayne County, Michigan. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference, and, the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES. McCann, Bennett, Bishop, Ventura, Raymond and. Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #620-75 RESOLVED, that having considered a communication from Mr. and Mrs. Bowdell dated June 25, 1975, with regard to proported traffic problems in the area of Puritan and Henry Ruff and a request for installation of a traffic signal at said intersection, the Council does hereby determine to refer this matter to the Traffic Commission for its report and recommenda- tion. By Councilman Ventura, seconded by Councilman Bishop, it was #621-75 RESOLVED, that having considered a communication from the Brookvboidl Estates Association dated June 9, 1975, with regard to the action taken in Council Resolution No. 367-75 and No. 368-75 concerning removal of the three-way stop signs at the corners of Bobrich and. Sunset, the Council does hereby determine to refer this matter to the Traffic Commission for further evaluation and thereafter a report and recommenda- tion. A roll call vote was taken on the foregoing resolution with the following result. AYES. McCann, Bennett, Bishop and Nash. NAYS Ventura and Raymond The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #622-75 RESOLVED, that having considered a communication from the Brookmodial Estates Association dated June 9, 1975, with regard to the action taken in Council Resolution No. 367-75 and No. 368-75 concerning removal of the three-way stop signs at the corners of Bobrich and. Sunset, the Council does hereby determine to request and authorize the installa- tion of three-way stop signs at the corners of Bobrich and. Sunset on a ninety (90) day trial basis; and the Police Department and the Department of Public Works are hereby requested to do all things necessary or incidental to the full performance of this resolution. 15100 LA roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Bishop, Ventura and Raymond. WAYS McCann and Nash. The President declared the resolution adopted. The communication from the Traffic Commission, dated July 8, 1975, with respect to the traffic situation at Five Mile Road and Henry Ruff (CR-482-75), was received and filed for the information of the Council. The communication from the Traffic Commission, dated July 8, 1975, with respect to a request from Olga Parka, for a traffic signal at Six Mile Road and Stanwich (CR-483-75) was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was 4623-75 RESOLVED, that having considered a communication from the Christ L the King Lutheran Church dated June 24, 1975, requesting permission to conduct a bicycle parade with a car at the lead with a loudspeaker announcing Bible School on August 2, 1975 at 1:00 p.m. , starting at the corner of Oregon and down the streets of Virginia, Louisiana, Vermont, Montana, Woodring, Colorado, California, Ohio and Indiana, which parade it is estimated would last for a period of one hour, the Council does hereby determine to grant permission as requested, the action taken herein being subject to approval of the Police Department, further, the approval herein granted with reference to the use of a loudspeaker is made subject to compliance with the provisions set forth in Section 3-113(c) of the Livonia Code of Ordinances. The following resolution was offered by Councilman Bennett, and seconded by Councilman Raymond, and unanimously adopted #624-75 RESOLVED, that having considered a letter dated June 24, 1975 from Mrs. Doris Johnson, 32471 Wisconsin, Livonia, Michigan 48150, requesting permission to close Wisconsin, between Hubbard and Ohio, on Saturday, August 9, 1975 from 3 00 p. m. to 12 00 p. m , for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. LBy Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was 4625-75 RESOLVED, that having considered a letter dated July 1, 1975 from Coventry Gardens Improvement Association, requesting permission to close the following locations on Saturday, July 26, 1975 from approximately 10.00 a.m. to 10 00 p.m. , for the purpose of conducting an Annual Subdivision Picnic at Shoreham Park 15101 Rayburn at Farmington Road Myrna at Farmington Road Rayburn at Stamford Edington at Rayburn the Council does hereby determine to grant permission as requested, including permission to conductthe said affair on Sunday, July 27, 1975 in the event of inclement weather, the action taken herein being made subject to approval of the Police Department. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #626-75 RESOLVED, that having considered a letter dated July 1, 1975 from Lawrence R. Postek, 35197 Bennett Court, Livonia, Michigan 48152, requesting permission to close Bennett at the intersection of Edgewood Avenue, to close off that section from Edgewood to the cul-de-sac, on Saturday, August 16, 1975 from 3:30 p. m. to 10:30 p.m., for the purpose of conducting a Block Party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was 627-75 RESOLVED, that having considered a communication dated July 7, 1975 from the City Planning Commission, which transmits its Resolution No. 4-64-75, with regard to Petition No. 75-3-3-2, submitted by the City Plan- ning Commission pursuant to Council Resolution No. 42-75 for vacating a portion of the public walkway located on the west side of Knolson at Mason Avenue in the South 1/2 of Section 19 of Tiffany Park Subdivision, City of Livonia, Wayne County, Michigan, the Council does hereby determine to grant the said Petition No. 75-3-3-2, and the same is hereby approved subject to retention of an easement over the area proposed to be vacated. By Councilman Raymond, seconded by Councilman Ventura, it was #628-75 RESOLVED, that having considered the report and recommendation from the City Engineer dated June 30, 1975, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby amend Item No. 8 of Council Resolution No. 1325-68, adopted on November 27, 1968 and subsequently amended by Council Resolution Nos. 592-69, 820-69, 8?9-69, 1123-69, 967-70, 347-72 and 1018-73 so as to reduce the Sidewalk Bond now on deposit with the City for Gold Manor Sub- division No. 3 to $3,500.00, of which $1,000.00 shall be in cash, and the City Clerk and City Treasurer are hereby authorized to do hlU things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. The communication dated June 26, 1975 from the Superintendent of the Operations Division, in response to Council Resolution No. 206-75, relative to a report and recommendation relative to the use of either intermediate or compact vehicles in City Departments, was received and filed for the information of the Council. 15102 By Councilman Ventura, seconded by Councilman McCann, it was #629-75 RESOLVED, that having considered a communication from the Depart- ment of State Highways and Transportation dated May 9, 1975, and the report and recommendation of the Planning Director, City Engineer and Superintendent of Parks and Recreation dated June 20, 1975, submitted in connection therewith, the Council does hereby determine that there is no apparent public need or public use for Parcels 1223, 1239, and 1112, and does therefore take this means to advise the Department of State Highways and Transportation that such property should be offered for sale to the general public, with reference to Parcels 1114, C-1115, 1116, 1117, and 1118 it is the Council determination that such property does have a public purpose, i.e. , noise abatement and visual screen for the protection of the residential neighborhood located immediately to the north, due to the adverse affects of the I-96 Freeway in this area; and for the foregoing reason, the Council requests that the Michigan State Highway Department retain title to this property and provide the noise abatement devices indicated. A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS None. By Councilman Ventura, seconded by Councilman Bishop, it was #630-75 WHEREAS, it is necessary to locate, establish and construct certain drainage improvements to be known as Livonia Drain No. 46, to be located entirely within the limits of the City of Livonia, the location of said enclosed storm drain improvements being as follows Commencing at a point in the Upper Rouge River in the NW 1/4 of Section 1, City of Livonia, said point being approximately 380 feet south of the north line of Section 1 and 600 feet west of the north and south one-quarter line, thence westerly, a distance of 1500 feet including the modification of the flood plain at the aforementioned outlet to control erosion of the land immedi- ately adjacent to Brentwood Avenue, said street being a part of the Hearthstone Subdivision (Liber 78, Pages 86, 87 and 88 Wayne County Records). AND WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said storm drainage improvements are necessary for the public health of the City of Livonia, and the entire cost thereof, except that part representing benefits to State and County highways, should be assessed against the City of Livonia for public health; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, (the Drain Code of 1956) provides a feasible method of financ- ing the cost of said storm drain improvement where the same is necessary for the public health of the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20, 15103 LAND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1965, as amended, provides as follows' "Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporatio:. only". NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing, and constructing the storm drain improvements set forth in the preamble hereof, and does hereby consent to the location, establishing, constructing and, improving of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed storm drain improvements set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign, for and, on behalf of the City of Livonia, a petition praying for L the location, establishing, constructing and improving of the same, as set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Bishop, Ventura, Raymond and. Nash. NAYS: None. Councilman Bishop gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 2-2303 OF CHAPTER 23 (ARTS COMMISSION ORDI- NANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular Lmeeting of the Council. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was 15104 4631-75 RESOLVED, that having considered a communication from the Livonia Jaycees dated July 23, 1975, with regard to a proposed rodeo to be conduct- ed on September 13 and 14, 1975 on Merriman Road, between Plymouth Road and. Schoolcraft Road, the Council does hereby refer the same to the City Planning Commission for appropriate action. The communication from the Department of Public Works dated June 19, 1975, with respect to the designation of gasoline supplier for the City of Livonia, was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was 4632-75 RESOLVED, that having considered the report and recommendation of the City Engineer and the Planning Director dated. June 24, 1975, approved by the Director of Public Works, and approved for submission by the Mayor, and submitted pursuant to Council Resolution No. 103-75, regarding the proposed entrance to the Jaycee Park in Section 3, the Council does hereby determine to refer the same to the Streets, Roads and. Plats Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Bennett, it was 4633-75 RESOLVED, that having considered a communication from the Chief of Pblice and the Director of Public Safety-Fblice dated. July 1, 1975, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, with regard to the taking of competitive bids for maintenance of police vehicles, the Council does hereby determine to refer this matter to the Finance Committee for its report and recommenda- tion. A roll call vote was taken on the foregoing resolution with the following result AYES Bennett, Bishop, Ventura and Raymond. NAYS McCann and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was 4634-75 RESOLVED, that having considered a communication from the Super- intendent of Parks and. Recreation dated June 18, 1975, approved by the Director of Finance, and approved for submission by the Mayor, with regard to bids received for trees and shrubs to be planted in Five Mile Road island areas, the Council does hereby determine to reject the same for the reasons indicated, in the aforesaid communication, further, the Council does hereby authorize the Department of Parks and. Recreation together with the Department of Finance to take new competitive bids for these items in accordance with provisions of law and City Ordinance. 15105 By Councilman McCann, seconded by Councilman Bishop, it was 4635-75 RESOLVED, that having considered the report and recommendation of the City Engineer dated June 26, 1975, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby authorize Final Payment in the amount of $1,000.00 to Mattioli Cement Company, 24745 Kinsel, Southfield, Michigan 48075, which sum includes the full and complete balance due on a contract dated April 22, 1974 in the amount of $154,029.72, in connection with the 1974 Miscellaneous Sidewalk and Drive Approach Program, the actual contract amount completed to date being $148,044.30, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with the City standards and specifications, and that the necessary contractor's affidavit, maintenance and guarantee bond have been filed, further, the Council does hereby authorize as payment to cover the apportionment cost to be borne by the City of Livonia for this project the sum of $39,937.39 to be appropriated and expended from the $9.8 Million Streets and Roads General Obligation Bond Issue, further, the Council does hereby request that the Livonia Public Schools School District make payment to the City of Livonia in the amount of $4,821.38 for its participation in all work completed in this project, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was 4636-75 RESOLVED, that having considered the report and recommendation of the City Engineer dated June 26, 1975, approved by the Director of Public Works, and approved for submission by the Mayor, regarding replacement and/or construction of new sidewalks and/or drive approaches in the City of Livonia at the following parcels and in the following amounts Section 1 Item Total Assessment O1e380a $ 296.70 01e379a 301.65 01e373b1 301.65 01f439a 304.61 OlPI 307.19 01E2 306.59 Section 2 02Q1 753.75 15106 Item Total Assessment 02Q2a $ 581.25 02g2b,Wlb2al 2,182.50 02A15a,16a 506.77 02b2a 211.90 02b3a1 383.22 02b4a 209.84 02c497 1,230.00 02c498a, 02c498b1 922.50 02c498b2 307.50 02c450a452 345.03 02c484ala 257.27 02c485a1 257.27 02c485b1 217.82 Section 3 03a8a 282.94 03a5a 339.87 03a4b1 342.74 03E11 370.92 03a7a 248.99 03b56a to 59a 294.12 03b53a to 55a 258.99 03b3 & 4 253.27 0331 & K1 396.25 03f2 71.40 Section 4 04Dla 404.05 04F1 363 40 04J1 743.54 15107 Item Special Assessment 04u1 $ 288.96 04v1 485.04 Section 9 09a23 through 26 360.00 09a22 90.00 09040 through 51 1,111.50 09a36 through 39 453.72 09a35 90.00 09a34 90.00 09a82,83,84 280.84 09a100,101,102 286.25 09a111,112,113a 636.62 o9a118 & 119 279.93 09a3 2 and 123 297.99 Section 10 10b111 to 113 247.68 10b118,119 253.10 10b121,122 255.42 Section 11 114208 301.65 11A19b1 288.79 11A19c1 301.65 11A19d1 291.76 114214 278.90 11MM20a1 303.62 Section 12 tip 12Dlbl 2911..29 12Dlal 368.42 12clal 08.90 12B39,40a 151.80 15108 Section 13 Item Total Assessment 13a33a $ 370.10 13K2a1 334.20 13c 9 & 10 705.70 13c29 to 31 277.20 13R2ala, 3albla 319.23 1342a, Rla 322.61 13Q1a 330.63 13e38a,38b1, P2al, bl 641.46 13M3a1 316.48 13N8al, 8b, gala, abl 596.56 Section 15 625.60 15a665a 15a666 380.50 15a670 567.12 15a702 518.41+ 15a623b-624a 398.25 15a628 345.00 15a629 375.00 15a664a 397.50 Section 16 16F & 17R1 6,555.15 1612a 1,646.68 16g68 487.50 16g1 506.25 16a 134-138 271.76 16a 280b, 281 458.26 16a34b to 38 230.48 16a1, 2, 3 186.30 15109 Item Total Assessment Section 17 307.50 17Q2dlald2a Section 18 1,306.20 18dOLC1 & DOLC2 Section 19 1,766.25 19a46a 47-48a 19e552 312.18 19DlaElaC2bl 326.80 19F1a1 468.75 19Flblal 427.50 19Ala, A2albla 145.20 Section 20 20A4c 657.10 20A4b 266.25 20D 4,052.02 2012b1 409.50 Section 21 1 561.50 21B5b2a, 6a, 2a, 7a, b2, 8a1, 9b1 21B11b1 283.50 21B12a1 256.50 21B12b1 162.00 21FF1 336.60 21L1a2b1, Llclbl 303.75 21c2 1,250.07 21F31 1,117.50 21F32 1,125.00 21L2a 1,233.75 Imp Section 22 22dla 306.59 22A231B-232 76.76 22A248-249A 86.86 22A237B-238 87.44 1511.0 Item Total Assessment 22A163-164A 86.0o 22A164B-165 81.10 22A160-161A 184.91 22A181-182A 250.26 22A184-185A 184.06 22A139-140A 95.40 22A134B-135 202.49 22A128B 129 128.39 22A396-A399 237.60 22A400-401A 172.26 22A318-319A 116.,14 22A294B-295 301.19 22a391-395 390.44 22a306-310 276.06 22a302-305 258.00 22a218 & 219 559.86 22a112 to 123 1,080.00 22F551 196.08 22F543B 118.68 Section 23 23G7a 306.16 23G9a2 306.16 23b6 311.32 23b8, b9, blo 336.26 Section 24 24c8yb2, c90 319.23 24D1 341.18 24C1 324.22 24b200, 201 322.35 15111 Section 27 Item Total Assessment 27a5 & 6 $ 475.56 27a7 & 8 & 9 1497.06 27D2b1, D2b1, D2b2a1, 27D1b1, D2b2b1 1,529.10 27D1a4a2 936.10 27E3a1 887.52 27b1a 859.50 27Ebala 996.60 27E8a 1,247.68 27E9a 560.93 27E10al, blclal,c2a 3,590.70 Section 28 28a14-a28 1,323.00 28a8-a13 540.00 28d39a,d40 904.50 28d38 369.00 28d37 279.00 28d36 450.00 28e815 334.40 28e812 209.84 28d28 297.00 28e808a 141.90 28EEla],a 432,00 28EEla3a 2,671.20 28DD1b2,DD2b, EElb 2,488.56 28EE2b1 466.50 28EE2b2b 211.50 28N,P,Q,R 553.41 28V2, X2 337.12 15112 Item Total Assessment Section 35 35a1 & a2 $ 481.60 35a21 to 24 371.52 35a40 to 43 328.95 35A3a2a 249.90 Section 36 36c54 1,443.50 36&55 230.50 361196,197 720.90 36M69c2a 598.70 36M69c1 463.70 36d72a 79.92 36K 532.50 36c1$7; 262.50 36d71a 246.12 36M31a,M32a 435.00 36M33 191.25 36M36 396.60 36M40a1 233.80 36M49b, 50a1,. 50b1 301.89 36M50a2,50b2, 51a 288.00 36J2a2 306.60 36L2a 192.45 36L3a 231.05 36M67a 223.00 36m67b 218.05 36m68,69a 305.50 364469b 194.25 36M5 229.95 15113 Item Total Assessment 361 5al,65a2b 223.55 36N65a2a 220.80 36m66 223.00 36c87 238.50 36c88,89 477.00 36G4alb 63.25 36G4alc 375.00 36F1b 1,473.12 36c4a 375.00 36c53b 326.10 36G4ala 241.10 36G3a 648.42 36G2a 300.00 36G1a 359.40 36c90a 2,230.97 36c90b-91 224.61 36c92-96 1,330.28 36c97 535.22 36c98-99 225.00 36c100 528.60 36c101 189.38 36c102 527.20 36c105 950.08 36c106 124.95 36c'1 7 78.40 36c83 510.06 36084 238.50 15114 Item Total Assessment 36c85 $ 238.50 36c86 238.50 which work was done pursuant to Council Resolution Nos. 258-74, 259-74, 199-74, 608-74, and 616-74 and in accordance with the provisions of Section 5-137 of Chapter 1 of Title 5 of the Livonia Code of Ordinances, as amended (Ordinance No. 855), and 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, (Ordinance No. 811), and the Council does hereby establish the evening of September 24, 1975 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 assessment upon said property for such charges unless the same are paid prior to the date of such meeting, 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. McCann, Bennett, Bishop, Ventura, Raymond and Nash. likor NAYS. None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #637-75 RESOLVED, that having considered a communication from the Greenfield Construction Company, Inc. dated July 9, 1975, wherein a request is made that Section 7-601 of the Livonia Code of Ordinances be amended so as to modify the prohibition against certain exceptions for tax exempt status for federally-funded Senior Citizen Housing projects, the Council does hereby refer the same to the Law Department for the preparation of an appropriate ordinance amendment for submission to Council. The communication dated May 24, 1975 from Mr. Jack Skule, with respect to a driveway approach on Merriman Road, was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #638-75 RESOLVED, that having considered a communication from the City Engineer dated June 24, 1975, approved by the Director of Public Works, and approved for submission by the Mayor, and submitted pursuant to Council Resolution No. 362-75, regarding the condition of paving and status of water main repairs, as well as final paving costs and adjustments in the Special Assessment Rolls for Cardwell Avenue between W. Chicago and Orange- lawn (S.A.D.No. 123), the Council does hereby determine to refer the same to the Streets, Roads and Plats Committee for its report and recommenda- tion. 15115 By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was 4639-75 RESOLVED, that having considered a letter dated July 11, 1975 from Mrs. Marilyn Amberger, 9627 Blackburn, Livonia, Michigan 48150, requesting permission to close Blackburn, between Orangelawn and West Chicago on Saturday, August 16, 1975 from 6 00 p. m. to 12 00 midnight for the purpose of conducting a block party, the Council does hereby deter- mine to grant permission as requested, the action taken herein being made subject to approval of the Pblice Department. The Livonia Housing Commission Operating Statements for five months ending May 31, 1975, transmitted by the Housing Commission on July 8, 1975, were received and filed for the information of the Council. *Councilman Nash was excused at 9 10 p. m. By Councilman Ventura, seconded by Councilman McCann, it was 4640-75 RESOLVED, that, Rouge Valley Construction Company, 35758 Nancy Gale Court, Farmington, Michigan 48024, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision Hampshire Estates Subdivision, situated in the Southwest 1/4 of Section 24, City of Livonia, the said proposed preliminary plat being dated March 18, 1975, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on March 25, 1975, and it further appearing that such preliminary plat, together with development plans and specifica- tions for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that depart- ment dated July 15, 1975, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordi- nances, as amended, the Subdivision Regulations of the Planning Commis- sion, the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such department, all such improvements to be constructed, installed, accomplish- ed and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, 15116 (3) That the installation of all such improvements shall be sub- ject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 9-122 of the said Subdivision Control Ordinance, as amended, (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) Cash Payments to be made to the City A. Trees $1,862.00 B. Street Name Signs 150.00 C. Traffic Contol Signs 175.00 D. Street Light Notification Signs 75.00 E. Engineering Services (General Improvement & Sidewalks) 1. Plan Review & Administration (1-1/2%) $4,050.75 2. Field Inspection (3 1/2%) 9,451.75 13,502.50 'F. Engineering Service (Grading and Soil Erosion Control) 1. Plan Review 68.00 2. Permit and Inspection 340.00 408.00 TOTAL CASH PAYMENTS $16,172.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Plan- ning Commission as evidence that such plat is in compliance with existing Subdivision Regulations, (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution, (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as shall be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts 15117 General Improvement Bond - $275,000.00, of which at least 10,000.00 shall be in cash. Sidewalk Bond - $ 22,000.00, of which at least 4,400.00 shall be in cash. Grading and Soil Erosion Control Bond - 4,800.00, of which at least 960.00 shall be in cash. Monuments and Markers (Ord. #951) 2,075.00 (All cash) (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City ordinances, further, the Council authorizes the construction of deep strength asphalt pavements with concrete curbs and gutters in lieu of concrete pavement as required under the Plat Ordinance. A roll call vote was taken on the foregoing resolution with the following result AYES. McCann, Bennett, Bishop, Ventura and Raymond. NAYS• None. *Councilman Nash returned at 9 11 p. m. The communication dated July 7, 1975, from the Planning Commission, with respect to the approval of a one-year extension of approval of the preliminary plat for Wildwood Subdivision, was received and filed for the information of the Council. The communication dated July 8, 1975, from the Traffic Commission, with respect to the installation of "walk" and "don't walk" signs (CR-498-75), was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman McCann, it was #641-75 RESOLVED, that having considered a communication dated July 7, 1975 from the City Planning Commission, which transmits its Resolution No. 6-127-75, with regard to Petition No. 75-3-3-3, submitted by June W. Stevens, for vacating a portion of a 20' wide alley located on the east side of Melvin Avenue, north of Joy Road, E. G. Settle Realty Co's. Bonaparte Gardens Subdivision, located in the Southeast 1/4 of Section 35, City of Livonia, Wayne County, Michigan, the Council does hereby determine to grant the said Petition No. 75-3-3-3, and the same is hereby approved, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. 15118 A roll call vote was taken on the foregoing resolution with the following result. LAYES. McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS None. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was x#642-75 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (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, September 22, 1975 at 8 00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items 1. Petition No. 75-5-1-13 submitted by the City Planning Commission on its own motion for a change of zoning of property located at the southwest corner of Five Mile Road and Newburgh Road in the Northeast 1/4 of Section 19, from C-1 to P.L , the City Planning Commission having in its Resolution No. 6-124-75 recommended to the City Council that Petition No. 75-5-1-13 be approved, 2. Petition No. 75-5-1-15 submitted by the City Planning Commission on its own motion for a change of zoning of property located east of Eckles Road and south of Five Mile Road. in the Northwest 1/4 of Section 19, from R-1 to P.L , the City Planning Commission having in its Resolution No 6-126-75 recommended to the City Council that Petition No. 75-5-1-15 be approved, 3. Petition No. 75-5-1-14 submitted by the City Planning Commission on its own motion for a change of zoning of property located east of Eckles Road between Lyndon Avenue and the I-96 Freeway in the Southwest 1/4 of Section 19, from R-1 to P.L., the City Planning Commission having in its resolution No. 6-125-75 recommended to the City Council that Petition No. 75-5-1-14 be approved, 4. Petition No. 75-4-1-11 submitted by the City Planning Commission on its own motion for a change of zoning of property located on the east side of Farmington Road between the C & 0 Railway and Capitol Avenue in the Southwest 1/4 of Section 27, from M-1 to M-2, the City Planning Commission having in its Resolution No. 6-123-75 recommended to the City Council that Petition No. 75-4-1-11 be approved, 15119 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 zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was 0643-75 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman McCann, seconded by Councilman Raymond, it was 0644-75 RESOLVED, that having considered a communication dated May 7, 1975, from the City Planning Commission, which transmits its Resolution No. 4-86-75, adopted on April 29, 1975, with regard to Petition No. 74-9-2-15, submitted by Jeffrey Lauren Land Company, requesting to construct and operate a four-theater complex as a waiver use on property zoned C-2, located north of Plymouth Road, east of Farmington Road in the Southwest 1/4 of Section 27, the Council does hereby determine to reject the recommendation made by the City Planning Commission and Petition No. 74-9-2-15 is hereby denied for the following reasons 1. The area is already adequately served by theaters, one already existing on the subject site, 2. The proposed development would generate an increase in traffic and would cause added traffic problems to the major roads of Farmington and Plymouth Roads, which are already overburdened with traffic, 3. The proposed use, which would add a quad-theater with a seating capacity of 1,835 seats would overburden the site and the area, as the site does not have the capacity to adequately accommodate the increased intensity of use. A roll call vote was taken on the foregoing resolution with the following result AYES McCann, Bishop, Ventura, Raymond and Nash. NAYS Bennett. The President declared the resolution adopted 15120 Councilman Bennett took from the table for second reading and adoption the following Ordinance AN ORDINANCE AMENDING TITLE 6 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING CHAPTER THERETO ENTITLED "AN ORDINANCE TO ESTABLISH SCHOOLCROSSING GUARDS" A roll call vote was taken on the foregoing Ordinance with the following result AYES McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table for second reading and adoption the following Ordinance. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition No. 75-2-3-1) A roll call vote was taken on the foregoing Ordinance with the following result AYES McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS• None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was 4645-75 RESOLVED, that having considered a letter dated July 14, 1975, from Barbara E. Clark, and the attached petition thereto, requesting permission to close Richland, between Louise and Opporto, from 8.00 p. m. to Midnight on Saturday, August 9, 1975, for the purpose of conducting a block party, the Council does hereby determine to grant permission as requested, the action taken herein being made subject to approval of the Police Department. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was 15121 4646-75 RESOLVED, that having considered a communication from the Livonia Historical Commission dated July 11, 1975, to which is attached a communica- tion from Florence Noble, 14917 Alexander, Livonia, Michigan dated July 9, 1975, requesting permission to conduct an archeological dig for artifacts at the rear of the Quaker House, with such material or artifacts as may be acquired by reason of such dig to be turned over to Wayne State University at the discretion of the Livonia Historical Commission, the Council does hereby determine to grant approval in the manner herein requested. By Councilman Bishop, seconded by Councilman Raymond, it was 4647-75 RESOLVED, that having considered a communication from the Mayor dated July 23, 1975, to which is attached a proposed Purchase Agreement between the City of Livonia and the Limited Edition Collectors Society, Inc. (LECS), a Massachusetts corporation, with respect to the purchase of a full-scale replica of the Philadelphia Liberty Bell, the Council does hereby authorize the Mayor and City Clerk to affix their signatures to such Agreement for and on behalf of the City of Livonia, subject to approv- al of the Mayor, 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 McCann, Bishop, Ventura, Raymond and Nash. NAYS *Bennett. The President declared the resolution adopted. *Councilman Bennett made the following statement. My 'no' vote is cast because this purchase Agreement does not include the recommendation from the Mayor, nor an analysis of same from the Department of Law. By Councilman Bishop, seconded by Councilman Raymond, it was 4648-75 RESOLVED, that having considered a communication from the Bicentennial Committee dated July 14, 1975, approved by the Director of Finance, and approved for submission by the Mayor, the Council does hereby appropriate the sum of $5,211 50 from the Unexpended Fund Balance Account for the purpose of making payment to the Limited Edition Collectors Society (LECS), Ida., Suite 45-59 Lincoln Building, Hingham, Massachusetts, in order to make a 50% payment toward the purchase of a full-scale replica of the Philadelphia Liberty Bell, further, the Council does hereby deter- mine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, such action being taken in accordance with the provision set forth in Section 2-213(d)(5) of the Livonia Code of Ordinances. A roll car' vote was taken on the foregoing resolution with the following result. AYES. McCann, Bishop, Ventura, Raymond and Nash. NAYS. Bennett. The President declared the resolution adopted. 15122 On motion by Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, this 814th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9 40 P. M., July 23, 1975. A.DDISON ( . =ir Ci y er .