Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1976-02-04 15429 liw MINUTES OF THE EIGHT HUNDRED AND TWENTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 4, 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 8:15 P. M. . Councilman Raymond 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. Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney, Edward G. Milligan, Director of Public Safety-Police, Robert Turner, Police Chief; Jack Dodge, Director of Finance, John Bunk, Fire Chief, H. Patrick O'Neill, Director of Civil Defense, John Nagy, City Planner, John T. Dufour, Superintendent of Parks and Recreation, Stanley Bien, Chief Librarian; Robert Beckley, Planning Department, Joseph Falk, Planning Commission; and Mrs. Esther R. Friedrichs of the Planning Commission. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was 4C8-76 RESOLVED, that the minutes of the 827th regular meeting of the Council of the City of Livonia, held January 21, 1976, are hereby approved. The communication dated January 28, 1976 from the Department of Law, with respect to the legality of residence requirements for residents of the proposed "Moderate Income Senior Housing", was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Bishop, it was 489-76 RESOLVED, that having considered a communication from the Director of Finance dated January 5, 1976, approved for submission by the Mayor Pro Tem, with regard to the purchase of gasoline from Texaco, Inc. that commencing on December 3, 1975, the unit prices for gasoline furnished by Texaco, Inc., will be as follows Less than 5,000 Gal. More than 5,000 Gal. 40.4¢ 35.50 15430 the said prices being made in accordance with federal government regula- tions, the Council does hereby determine to authorize the purchase of gasoline at the aforesaid prices, the action taken herein being in accordenc with Section 2-213(5) of the Livonia Code of Ordinances, and all prior resolutions in conflict herewith are hereby repealed, amended or revised to the extent required to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Ventura, Bishop, Bennett, Nash, Brown, and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was #90-76 RESOLVED, that having considered a communication from the Director of Civil Defense dated January 13, 1976, approved by the Director of Finance, and approved for submission by the Mayor, wherein a request is made for funds sufficient to purchase a Resuscianne manikin, the Council does hereby determine to appropriate the sum of $300.00 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #91-76 RESOLVED, that having considered a communication from the City Clerk dated January 23, 1976, the Council does hereby determine to desig- nate the "Observer & Eccentric Newspaper, " Division of Suburban Communica- tions Corp., 36251 Schoolcraft Road, Livonia, Michigan 48150, as the Official Newspaper of the City of Livonia for the period of March 1, 1976 through February 28, 1977. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Bennett, it was RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated October 29, 1975 and the report and recommenda- tion of the Chief of Police dated December 17, 1975 in connection there- with, 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. 15431 A roll call vote was taken on the foregoing resolution with the following result * AYES Raymond, Ventura, Bishop, Bennett and. McCann. NAYS. Nash and Brown By Councilman Raymond, seconded by Councilman Nash, it was RESOLVED, that the Council does hereby determine to reconsidcr their action taken in the foregoing resolution which approved the request of Great Scott Super Markets, Inc., 29250 Plymouth Road, to add space to their establishment. A roll call vote was taken on the motion to reconsider, with the following result: AYES: Raymond, Nash, Brown and McCann. NAYS: Ventura, Bishop and Bennett. The President declared the motion to reconsider, adopted. *Although the motion to approve was adopted at this time, it was reconsider- ed, and consequently action thereon was deferred in Council Resolution No. 92-76. By Councilman Raymond, seconded by Councilman Bennett, it was him #92-76 RESOLVED, that the Council does hereby determine to defer its roll call and action concerning the request of Great Scott Super Markets, Incorporated, to add space to the 1975-76 SDM Licensed business located at 29250 Plymouth Road, Livonia, Michigan, until such time as the Great Scott Markets, Incorporated, request that such action be taken. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Nash, Brown and McCann. NAYS: Ventura, Bishop and Bennett. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #93-76 RESOLVED, that having considered a communication dated October 9, 1975 from the City Planning Commission which sets forth its Resolution No. 9-197-75 with regard to Petition No. 73-5-1-19 submitted by Michael J. Talbot, Attorney for Barbara Saperstein for a change of zoning on property located on the north side of Joy Road between Newburgh and. Stonehouse in the Southeast 1/4 of Section 31, from R-1 to R-7, and the Council having conducted a public hearing with regard to this matter on September 10, 1973, pursuant to Council Resolution No. 615-73, and subsequently a new public hearing on January 5, 1976, pursuant to Council Resolution No. 879-75, the Council does hereby determine to refer this matter to the Study Session to be conducted on March 22, 1976. 15432 By Councilman Nash, seconded by Councilman Raymond, and unanimously Ladopted, it was #94-76 RESOLVED, that having considered a communication from the president of Cushion 'n' Cue Recreation Centers dated December 20, 1975,where!n a request is made for appropriate amendments to City ordinances so as to permit the operation of coin-operated amusement devices, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. By Councilman Brown, seconded by Councilman Bishop, it was #95-76 WHEREAS, Act 223, P.A. 1909, as last amended by Act 196, P.A. 1Q70 rrovides for the conveyance of State-owned tax-reverted lands to municip-1 units for public purposes, and WHEREAS, such lands are under the jurisdiction of the State of Michigan, Department of Natural Resources, and, are available for acquisition under the provisions of the above mentioned act, as follows . Lots 36, 37, 38, Dohany Subdivision, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, as recorded in Liber 64, Page 95, Wayne County Records, Lot 45, also the Southerly 1/2 adjacent vacated alley, Assessor's Plat Argonne State Subdivision, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, as recorded in Liber 64, Page 40, Wayne County Records, South 15 feet of Lot 1081, also West 1/2 adjacent vacated alley, New Detroit Subdivision No. 1, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, as recorded in Liber 62, Page 85, Wayne County Records, South 53 feet of Lot 14, Richland Estates Subdivision, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, as recorded in Liber 83, Page 24, Wayne County Records, Lots 189, 190 of aganhites Marquette Manor Subdivision, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michi- gan, as recorded in Liber 61, Page 63, Wayne County Records, and WHEREAS, City of Livonia desires to acquire said lands for purposes of public Use; NOW, THEREFORE BE IT RESOLVED that the City of Livonia is authorized to make application to the State of Michigan, Department of Natural Resources, Lands Division for conveyance of said land to the City of Livonia for a nominal fee of $1.00, plus the State's maintenance costs, if any, and 15433 FURTHER BE IT RESOLVED that the City of Livonia shall set up )neces- sary procedures and controls to provide for the proper distribution of funds arising from the subsequent sale of the acquired property in conform- ity with the above mentioned Acts. A roll call vote was taken on the foregping resolution with the following result. AYES Raymond, Ventura, Bishpp, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Brown, seconded by Councilman Raymond, it was #96-76 RESOLVED, that having considered the report and recommendation of the City Engineer dated January 5, 1976, which bears the signature of the Finance Director, is approved by the Director of Public Works, and is approved for submission by the Mayor Pro Tem, and the attached invoice of the Wayne County Road Commissioners, No. 34758, the Council does hereby authorize Final Payment in the amount of $5,495.60 to the Board of Wayne County Road Commissioners, which sum includes the full and complete balance due to cover the City's share of the cost of the improvement of Inkster Road from Base Line to Grand River, TOPICS T-4057(42), Contract No.72-1243, W.O. 49046, which project was approved in Council Resolution No. 622-72, adopted on July 12, 1972, and the Council does hereby appropriate and authorize the expenditure of the additional sum of $6,774.06 from Motor Vehicle Highway Fund Receipts (Major Road Account) for this purpose; 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: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Bishop, it was #97-76 RESOLVED, that having considered the report and recommendation dated January 12, 1976 from the City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor Pro Tem, the Council does hereby amend Item No. 8 of Council Resolution No. 803-75, adopted on September 24, 1975 so as to reduce the Financial Assurances now on deposit with the City of Livonia for general improvements in the Compton Square Estates Subdivision to $128,200.00, of which $10,000.00 shall be in cash to cover the cost of remaining improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, the financial assurances now on deposit with the City for Sidewalk Improvements shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. 15434 By Councilman Nash, seconded by Councilman Bishop, it was #98-76 RESOLVED, that having considered a communication dated January 14, 1976 from the City Assessor, approved for submission by the Mayor Pro Ten, with regard to a request from Mr. Stanley Baloh, 35825 Dover, Livonia, Michigan 48150, 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 N . 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed divisions or partitions and combinations of Tax Item No. 32b727a1 (46 128 01 0727 001) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing of same into three (3) parcels, the legal descriptions of which shall read as follows 1. Lot No.4 of Baloh Subdivision, T. 1 S., R. 9 E. , Liber 89, page 88 of Plats, Wayne County Records, and Parcel "C" which is described as follows A Parcel of Land in the S. E. 1/4 of Section 32, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as being The East 67.50 Feet of the South Fart of Lot 727 of Supervisor's Livonia Plat No. 11 as recorded in Liber 66 Page 64 of Plats, Wayne County Records measuring 88.83 Feet on the East Line of Lot 727 and 89.18 Feet on the West Line of this described Parcel. AND 2. Lot No. 5 of Baloh Subdivision, T. 1 S. , R. 9 E. , Liber 89, page 88 of Plats, Wayne County Records, and Parcel "B" which is described as follows A Parcel of Land in the S. E. 1/4 of Section 32, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as being The East 77.74 Feet of the West 145.24 Feet of the South Part of Lot 727 of Supervisor's Livonia Plat No. 11 as recorded in Liber 66 Page 64 of Plats, Wayne County Records as measured along the South Line of Baloh Subdivision as recorded in Liber 89 Page 88 of Plats, Wayne County Records and the East 77.69 Feet of the West 145.14 Feet of the South Part of Lot 727 of above mentioned Supervisor's Flat measured along the South Line of above mentioned Lot 727 measuring 89.59 Feet on the West line of this described Parcel and measur- ing 89.18 feet on the East Line of this described Parcel. AND 3. Lot No. 6 of Baloh Subdivision, T. 1 S , R. 9 E., Liber 89, Page 88 of Plats, Wayne County Records, and Parcel "A" which is described as follows 15435 A Parcel of Land in the S.E. 1/4 of Section 32, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as being the West 67.50 Feet of the South Part of Lot 727 of Supervisor's Livonia Flat No. 11 as recorded in Liber 66 Page 64 of Flats, Wayne County Records measuring 89.94 Feet on the West Line of Lot 727 and measuring 89.59 Feet on the East Line of this described Parcel. as shown on the map attached to the aforesaid communication which is maria 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 cell vote was taken on the foregoing resolution with the following result. AYES. Ventura, Bishop, Bennett, Nash and McCann. NAYS: Raymond and. Brown. Th . President declared, the resolution adopted. By Councilman Nash, seconded by Councilman Bennett, it was #99-76 RESOLVED, that having considered a communication dated January 14, 1976 from the Department of Assessment, approved by the City Assessor, and approved for stbmission by the Mayor Pro Tem, with regard to a request from Mr. Robert R. Thompson, Attorney for Petitioner, 29200 Vassar Drive, Suite 100, 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 divisions and combination of Tax Item No.33a131b (46 129 01 0131 002) and 33a132a2, 133a1b, 134b (46 129 01 0132 004) would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing of same into three (3) parcels, the legal descriptions of which shall read as follows. Parcel No. 1 East 104.50 ft. of the West 313.50 ft. of Lot 131 and the South 10.00 ft. of the East 104.50 ft. of the West 313.50 ft. of Lot 132. Subject to an easement granted to the Farmington Road. Storm Relief Drain Drainage District as recorded in Liber 16681, Page 591, Register No. F 289228 and to any other easements or restrictions on records. Parcel No. 2 East 104.50 ft. of the West 209.00 ft. of Lot 131 and the South 10.00 ft. of the East 104.50 ft. of the west 209.00 ft. of Lot 132. Subject to any easement and/or restrictions on record. Parcel No. 3 West 104.50 ft. of Lot 131 and the South 10.00 ft. of the West 104.50 ft. of Lot 132. Subject any easement and/or restrictions on record. 15436 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 Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Nash, it was #100-76 RESOLVED, that having considered a communication dated January 21, 1976 from the Department of Assessment, approved by the City Assessor, and approved for submission by the Mayor, with regard to a request from Mr. Michael Schwartz, United Homes, 24801 Five Mile Road, Detroit, Michigan 48239, and ..n 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 lot split and combination of Lot 280, with the northerly 20 feet of Lot 279 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, .approve of dividing of same into one (1) parcel, the legal description of which shall read as follows Lot 280 & the North 20' of Lot 279 "Seven Mile Super Highway Subd'n of the E. 1/2 of the N.E. 1/4 of Sec. 9, T. 1 S. , R. 9 E., Livonia Twp., Wayne Co., Michigan, Liber 53 Page 50. Subject to easements of record. Now City of Livonia 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 Raymond, Ventura, Bennett, Nash, Brown and McCann. NAYS Bishop. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #101-76 RESOLVED, that having considered a communication from the Person- nel Director dated Janaury 7, 1976, approved for submission by the Mayor Pro Tem, and which transmits a resolution adopted by the Civil Service Commission on December 16, 1975, wherein it is recommended that the Council accept a proposed amendment to coverage of operating agreement from the Blue Cross-Blue Shield of Michigan for coordination of benefits - Rider COB-3, to be effective on and after January 1, 1976, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. 15+37 By Councilman Bishop, seconded by Councilman Brown, and unanimously adopted, it was #102-76 RESOLVED, that having considered a communication from the Fire Chief dated January 6, 1976, approved by the Director of Public Safety- Fire and the Director of Finance, and approved for submission by the Mayor Pro Tem, with regard to the proposed sale of a 1958 100 Ft. American La France Aerial Ladder Truck, the Council does hereby determine to authorize the advertising and taking of bids with respect to this item as recommended, including in the specifications thereof, a $10,000.00 minimum bid price, the same to be submitted to Council for its consideration. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was #103-76 RESOLVED, that the Council does hereby refer to the Legislative Committee for its report and recommendation, the matter of the authority of the Budget Office, as provided in Sec. 2-210(b) of the Livonia Code of Ordinance, to sell or dispose of surplus, obsolete os' unused supplies, materials and equipment. By Councilman Ventura, seconded by Councilman Nash, it was RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated December 26, 1975, approved by the Finance Director, and approved for submission by the Mayor Pro Tem, which indicates that the Parks and Recreation Commission at its December 1975 meeting adopted a resolution recommending that Mr. Gary Whitener be employed as the golf-professional at the Idyl Wyld Golf Course as an additional responsibility to his employment as golf-professional at the Whispering Willows Municipal Golf Course, at a total annual salary of $14,000.00, commencing on April 15, 1976 through November 15, 1976, at which time this provisions would be re-evaluated, the Council does hereby determine to concur in the recommendation of the Parks and Recreation Commission and to authorize the Mayor and City Clerk to affix their signatures to an Amendatory Contract to the City's current agreement with Mr. Whitener, previously authorized in Council Resolution No. 219-75, the purpose of which amendment is to implement the action taken herein, and further, the Department of Law is hereby requested to prepare the said agreement in the manner herein indicated. By Councilman Bishop, seconded by Councilman .Bennett, it was #104-76 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated December 26, 1975, approved by the Finance Director, and approved for submission by the Mayor Pro Tem, which indicates that the Parks and Recreation Commission at its December 1975 meeting adopted a resolution recommending that Mr. Gary Whitener be employed as the golf-professional at the Idyl Wyld Golf Course as an additional responsibility to his employment as golf-professional at the Whispering Willows Municipal Golf Course, at a total annual salary of $11+,000.00, commencing on April 15, 1976 through November 15, 1976, at which time this provision would be re-evaluated, the Council does hereby determine to refer this matter to the Committee of the Whole for its report and recommendation. 15438 A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Bishop, Bennett and Brown. NAYS. Ventura, Nash and McCann. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Ventura, it was #105-76 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated January 14, 1976, approved, by the Finance Director, and approved for submission by the Mayor, and, which transmits a resolution adopted by the Parks and Recreation Commission on January 5, 1976, wherein it is recommended that a fee in the amount of $100.00 per week, commencing on and, after January 1, 1976, be charged to the Moon Dusters Club for their use of the Senior Citizens' Activities Center, the Council does hereby determine to concur in the aforesaid recommendation and to establish the said fee of $100.00 per week beginning January 1, 1976, further, the Council does hereby recognize anticipated rental revenue of $4,400.00 in the General Fund, and does authorize the appropriation of $4,400.00 from the aforesaid anticipated rental revenue for maintenance of the Senior Citizens' Activities Center. A roll call vote was taken on the foregoing resolution with the following result. AYES. Raymond, Ventura, Bishop, Bennett, Nash, Brown and. McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Ventura, it was #106-76 RESOLVED, that having considered a communication from the Ad Hoc Senior Citizen Housing Committee dated January 21, 1976, with regard to proposed sites for Moderate Income Elderly Housing Developments, the Council does hereby determine to approve of the designation of Sites "1" and "2" in the listed order of priority, but to reject proposed Site "3", further, the Council does hereby authorize the Department of Law to employ the services of two real estate appraisers in order to ascertain the fair market value of proposed site "1", and for this purpose the Council does hereby appropriate a sum not to exceed $700.00 from the Federal Revenue Sharing Funds for this purpose, and thereafter the Department of Law is hereby requested to submit its report and recommendation concerning the possible acquisition of this site by the City. A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, it was 15439 #107-76 RESOLVED, that having considered the communication from the Chier Librarian dated January 21, 1976, which is approved, for submission by the Mayor, which indicates that on December 2, 1975, the State Board of Educa- Imr tion approved a grant of $12,500.00 to the Livonia Public Library under the Library Services and Construction Act, Title I, the Council does hereby determine to accept the aforesaid grant in the amount of $12,500.00, as well as to approve the attached revised proposed budget for the use of such funds by the Livonia Public Library in the manner and form indicated. A r J1 crll vote was taken on the foregoing resolution with the following result. AYES. Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication dated October 8, 1975 from the City Planning Commission which sets forth its Resolution No. 9-195-75 with regard to Petition No. 72-7-1-37, submitted by Harold Fischer for Edward Elsner and. J. J. Antonishek, for a change of zoning on property located on the north side of Ann Arbor Trail between Levan and Wayne Roads in the Southeast 1/4 of Section 32 from RUF to R-7, and the Council havin7, conducted a public hearing with regard to this matter on December 15, 175, pursuant to Council Resolution No. 878-75, the Council does hereby deter- mine to concur in the recommendation of the City Planning Commission and the said. Petition No. 72-7-1-37 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publica- tionL to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordi- nance 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. NAYS. Raymond, Bishop, Bennett, Nash, Brown and. McCann. The President declared the resolution DENIED. By Councilman Brown, seconded by Councilman Bennett, it was #108-76 RESOLVED, that having considered a communication dated October 8, 1975 from the City Planning Commission which sets forth its Resolution No. 9-195-75 with regard to Petition No. 72-7-1-37, submitted by Harold Fischer for Edward. Elsner and J. J. Antonishek, for a change of zoning on property located on the north side of Ann Arbor Trail between Levan and. Wayne Roads in the Southeast 1/4 of Section 32 from RUF to R-7, and the Council having conducted a public hearing with regard to this matter on December 15, 1975, pursuant to Council Resolution No. 878-75, the Council does hereby reject the recommendation of the Planning Commission and, the said Petition is hereby denied for the following reasons. 15440 1. the proposed change of zoning to R-7 Nhltiple Family Classification would permit a housing density and character pattern inappropriate to the established single family neighborhood; 2. the proposed change of zoning to the R-7 Multiple Family Classification would permit the second apartment complex in this area and together, would represent a major influx of apartments inconsistent with the Land Use Policy of encouraging small projects so that a Multiple Family Housing Classification cannot readily be absorbed in the fabric of the existing neighborhood, 3. the proposed change of zoning which represents the second introduction of Multiple Family zoning on the north side of Ann Arbor Trail in this area would only encourage the further expansion of multiple family designations and further conversion of single family lands to miilttiple family. A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Bennett, Nash, Brown, :Bishop and McCann. NAYS. Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bennett, it was #109-76 RESOLVED, that having considered a communication dated October 21, 1975 from the City Planning Commission which sets forth its Resolution No. 9-218-75 with regard to Petition No. 75-7-6-9, submitted by the City Plan- ning on its own motion to determine whether or not to amend Ordinance No. 5L3, the Zoning Ordinance, so as to establish that the Zoning Board of Appeals shall be composed of seven members, and the Council having conduct- ed a public hearing with regard to this matter on January 5, 1976, pursuant to Council Resolution No. 922-75, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 75-7-6-9 is hereby approved and granted, 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: Raymond, Ventura, Bennett, Nash and McCann. NAYS. Bishop and Brown. The President declared the resolution adopted. At the direction of the Chair, the item on the agenda with respect to Petition No. 68-7-1-26 of Jack N. Tucker and Morris Friedman for property on North Side of Schoolcraft Road, East of Yale in Section 21, from R-2 to P.S., was removed and will be considered at such time as requested to do so by the petitioner. 15441 By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication dated October 31, 1975 from the City Planning Commission which sets forth its Resolution No. 10-235-75 with regard to Petition No. 74-8-1-23, as amended, submitted by Lewis and Madeline Brooke for a change of zoning on property located on the west side of Inkster Road, south of Five Mile Road in the Northeast 1/4 of Section 24, from RUF and R-3 to R-1, and the Council having conducted a public hearing with regard to this matter on January 19, 1976, pursuant to Council Resolution No. 985-75, the Council does hereby concur in the recom- mendation of the Planning Commission and the said Petition No. 74-8-1-23, as amended, is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Lazy is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Ventura and Nash. NAYS. Bishop, Bennett, Brown and McCann. The President declared the resolution DENIED. By Councilman Bishop, seconded by Councilman Bennett, it was #110-76 RESOLVED, that having considered a communication dated October 31, 1975 from the City Planning Commission which sets forth its Resolution No. 10-235-75 with regard to Petition No. 74-8-1-23, as amended, submitted by Lewis and Madeline Brooke for a chgnge of zoning on property located on the west side of Inkster Road, south of Five Mile Road in the Northeast 1/4 of Section 24, from RUF and R-3 to R-1, and the Council having conduct- ed a public hearing with regard to this matter on January 19, 1976, pur- suant to Council Resolution No. 985-75, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 74-8-1-23, as amended, is hereby denied for the following reasons 1. the proposed change of zoning to the R-1 Zoning Classifi- cation, which would permit smaller lot size and therefore more homes to an acre, would provide for a housing density pattern inconsistent with the majority of the abutting neighborhood; 2. the rezoning of the area under petition is between two extremes in single family lot development, from small lot sizes on the south, to large acre lots on the north, therefore a residential development more consistent with the established development on the petition would be superior to the proposal to change the zoning all to the smaller lot size, 1 firm 3. the proposed change in ,zoning would not provide for the orderly growth and development of the area, but would encourage the further conversion of the large acre parcels that abut to go to the mailer lot development. 15442 L A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS Raymond. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Bennett, it was #111-76 RESOLVED, that having considered a communication dated October 31, 1975 from the City Planning Commission which sets forth its Resolution No. 10-232-75 with regard to Petition No. 75-9-6-11 submitted by the City .11nn•- ning Commission on its own motion to determine whether or not to amend Sections 8.02, 8.03 and 8.04 of the R-7 District Regulations of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, so as to increase the minimum lot area requirements, and the Council having conducted a public hearing with regard to this matter on January 19, 1976, pursuant to Council Resolution No. 985-75, the Council does hereby concur in the recom- mendation of the Planning Commission and the said Petition No. 75-9-6-11 is hereby approved and granted, and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll -all vote was taken on the foregoing resolution with the following result AYES Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. lime NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously ad.cpted, it was #112-76 RESOLVED, that having considered Petition No. 76-1-3-1 submitted by Mr. Fhilip Barth dated January 22, 1976, wherein a request is made for the vacating of a 20-foot easement running north and south between Lots 44 - 48, inclusive, and Lots 49 - 51, inclusive, Grayton Highway Subdivi- sion, located in the Southeast 1/4 of Section 21, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinance. Councilman Nash gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING L SECTION 3. THERETO. RE. PETITION NO. 75-7-1-21 FOR CHANGE OF ZONING FROM R-2-B TO P.L. 15443 LThe 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 Ventura gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 21 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE PETITION NO. 75-7-1-22 FOR CHANGE OF ZONING FROM R-2 TO P.L. 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 regalar meeting of the Council. Councilman Brown gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 16.11 OF ARTICLE XVI OF THE CITY OF LIVONIA ZONING ORDINANCE, AS AMENDED, ORDINANCE NO. 543. (Petition No. 75-6-6-6) Tae 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 regalar meeting of the Council. Councilman Bishop gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 75-8-3-7) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. 15444 By Councilman Raymond, seconded by Councilman Ventura, it was #113-76 RESOLVED, that having considered a communication from the Depart- ment of Law, dated January 23, 1976, transmitting for Council acceptance a Warranty Deed executed on January 19, 1976 by Mario E. Tartaglia and Lina Tartaglia, his wife, and Alfred F. Tartaglia and Mary Tartaglia, his wife, conveying land in the City of Livonia described as A parcel of land being a part of the S. W. 1/4 of Section 8, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as The northerly 30.00 feet of the southerly 90.00 feet (measured at right angles to the south line of Section 8), of the easterly 150.00 feet of the westerly 360.00 feet of the S. W. 1/4 of said Section 8, (said parcel containing an area of 0.103 acres of land, more or less) the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid Warranty Deed and the City Clerk is hereby requested to have it recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the Mayor and City Clerk to execute a Quit Claim Deed in behalf of the City of Livonia wherein the City conveys the right-of-way received herein from Mario E. Tartaglia and Lina Tartaglia, his wife, and Alfred F. Tartaglia and Mary Tartaglia, his wife, to the Board of County Road Commissioners of the County of Wayne, Michigan, and for this purpose the Council does hereby request the Department of Law to prepare the aforesaid Quit Claim Deed 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. Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS None. The communication from the Michigan Liquor Control Commission, dated January 23, 1976, regarding the recommendation of local governing bodies with respect to the issuance of SDD and SDM licenses, was received and filed for the information of the Council:. The Unaudited financial statements of the City of Livonia for the twelve months ending November 30, 1975, transmitted by the Director of Finance under date of January 15, 1976, were received and filed for the information of the Council. 15445 The financial statements of the City of Livonia for the month ending December 31, 1975, transmitted by the Director of Finance under date of January 21, L 1976, were received, and filed for the information of the Council. By Councilman Nash, seconded by Councilman Ventura, it was #114-76 RESOLVED, that having considered a communication from the City Assessor dated January 7, 1976, approved for submission by the Mayor Pro Tem, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine that the Board of Review shall convene for its first and second sessions in 1976 on the following dates. FIRCT SESSION Tuesday March 2, 1976 9 30 a.m. - 12:30 p. m. 1:30 p. m. - 4 30 p. m. Wednesday March 3, 1976 9:30 12.30 1:30 4.30 Thursday March 4, 1976 9.30 12.30 1 30 4 30 Fr.i.day March 5, 1976 9:30 12 30 1.30 4.30 SECOND SESSION Monday March 8, 1976 9 30 a.m. - 12.30 p. m. 2.30 p. m. - 7.00 p. m. Tuesday March 9, 1976 2:00 9 00 LWednesday March 10, 1976 9 30 12 30 1:30 4 30 Thursday March 11, 1976 9 30 12.30 1 30 4.30 Tuesday March 16, 1976 9 30 12.30 1.30 4 30 Wednesday March 17, 1976 9.30 12 30 1 30 4 30 Thursday March 18, 1976 9.30 12.30 1.30 4 30 Saturday March 20, 1976 9:30 1.00 Monday March 22, 1976 9.30 12.30 2.30 7 00 Wednesday March 24, 1976 9.30 12 30 1:30 4.30 Thursday March 25, 1976 9:30 12 30 1.30 4.30 Friday March 26, 1976 9:30 12 30 1:30 4 30 Tuesday March 30, 1976 9:30 12:30 1.30 4 30 Wednesday March 31, 1976 9.30 12.30 1.30 4:30 further, the Council does hereby determine that the daily rate of compensa- tion to be paid to the members of the Board of Review shall be in the amount of $75.00 for the Chairman and $60.00 for other members. A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. L NAYS. None. By Councilman Bishop, seconded by Councilman Ventura, and, unanimously adopted, it was 15446 #115-76 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 27, 1975, pursuant to Council Resolution No. 777-75, adopted on September 24, 1975, and in accordance with the provision. of Section 2-5C6 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed improvement of Camden Road, north of Plymouth Road in the Southwest 1/4 of Section 25, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on January 19, 1976, pursuant to Council Resolution No. 957-75, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the Special Assess- ment proceeding heretofore commenced for the proposed improvement. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #116-76 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, March 29, 1976 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. 75-12-1-31 submitted by Brentwood Professional Association for a change of zoning of property located on the south side of Eight Mile Road, east of Brentwood, in the Northwest 1/4 of Section 1, from P. 0. to P.S., the City Planning Commission having in its resolution No. 1-1-76 recommended to the City Council that Petition No. 75-12-1-31 be approved, 2. Petition No. 75-12-1-32 submitted by Morris and Barbara Huler for a change of zoning of property located on the west side of Stamford between Clarita and Curtis in the Northeast 1/4 of Section 9, from R-3 to R-2, the City Planning Commission having in its resolution No. 1-3-76 recommended to the City Council that Petition No. 75-12-1-32 be approved, 3. Petition No. 75-12-1-33 submitted by John D. Dinan for a change of zoning of property located at the northwest corner of Seven Mile and Merriman Roads in the Southeast 1/4 of Section 3, from R-1 to P.S., the City Planning Commission having in its resolution No. 1-2-76 recommend- ed to the City Council that Petition No. 75-12-1-33 be approved, further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the 15447 (a) Nature of the proposed amendment to the Zoning Ordinance, (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 Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #117-76 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the month of March 1976 Wednesday, March 10, 1976, and Wednesday, March 24, 1976. ti By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #118-76 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. The communication dated January 26, 1976 from the Department of Law, regarding the feasibility of obtaining a right-of-way in the vicinity of Woodlore Condominiums and Ardmore Nursing Home to extend Pembroke Avenue to effectuate an entrance to Jaycee Park (CR-731-75) was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #119-76 RESOLVED, that as a result of a meeting conducted by the Commit- tee of the Whole pursuant to council resolution #532-74 with regard to proposed revisions to the City's General Licensing Ordinances and Proce- dures submitted by the City Clerk, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. 15448 By Councilman Nash, seconded by Councilman Ventura, it was #120-76 WHEREAS, the City of Livonia has issued its Water Supply System- Series "B" Revenue Bonds, due serially 19771991 - date of issue 1954; and WHEREAS, State of Michigan Public Act No. 354 of the Public Acts of 1972, as amended, provides for the replacement or payment without presentation of lost, destroyed or wrongfully taken bonds or other evidence-, of indebtedness issued by public corporations, and WHEREAS, the City Clerk has been advised by Detroit Bank & Trust Co. of Detroit, Michigan that the interest coupons on the above bond issue due March 1, 1971 for Bonds No.s 996 to 1,020, inclusive, each in the amount of seventeen dollars fifty cents ('$17.50) and aggregating four hundred thirty-seven dollars fifty cents ($437.50) have been lost or destroyed in error; and WHEREAS, subject to the provisions of this resolution the City Council deems it advisable and necessary to make provisions for the payment of said coupons, NOW, THEREFORE, BE IT RESOLVED THAT. 1. The City Clerk shall provide for the payment of said interest coupons without the surrender thereof and without issuing duplicate interest coupons to the Detroit Bank & Trust Company, said payment to be made only, however, from funds in the Bond Redemption Fund Account, established for this purpose. 2. The said interest coupons shall not be paid until there shall have been provided (a) proof of ownership and proof of loss of said coupons satisfactory to the City Clerk, the City Attorney a lost security bond or other bond of indemnity indemnifying the City of Livonia and Detroit Bank and Trust Company against any loss that may be occasioned from the payment of said interest coupons. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result AYES Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS• None. By Councilman Nash, seconded by Councilman Ventura, it was #121-76 WHEREAS, the City of Livonia has issued its Water Supply System- Series "B" Revenue Bonds, due serially 19771991 - date of issue 1954, and WHEREAS, State of Michigan Public Act No. 354 of the Public Acts of 1972, as amended, provides for the replacement or payment without presentation of lost, destroyed, or wrongfully taken bonds or other evidences of indebtedness issued by public corporations, and 15449 WHEREAS, the City Clerk has been advised by Detroit Bank & Trust Co. of Detroit, Michigan that the interest coupons on the above bond issue due March 1, 1971 for Bonds Nos 741 to 745, inclusive, each in the amount of seventeen dollars fifty cents ($17.50) and aggregating eighty-seven dollars fifty cents ($87.50) have been lost or destroyed in error, and WHEREAS, subject to the provisions of this resolution the City Council deems it advisable and necessary to make provisions for the pay- ment of said coupons, NOW, THEREFORE, BE IT RESOLVED THAT 1. The City Clerk shall provide for the payment of said interest coupons without the surrender thereof and without issuing duplicate interest coupons to the Detroit Bank & Trust Company, said payment to be made only, however, from funds in the Bond Redemption Fund Account, established for this purpose. 2. The said interest coupons shall not be paid until there shall have been provided (a) proof of ownership and proof of loss of said coupons satisfactory to the City Clerk, the City Attorney a lost security bond or other bond of indemnity indemnifying the City of Livonia and. Detroit Bank and. Trust Company against any loss that may be occasioned from the payment of said interest coupons. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result. AYES Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS. None. On motion of Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, this 828th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:50 P. M., February 4, 1976. C7 ADDISON IAIAG9N, C ty Clerk.