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HomeMy WebLinkAboutCOUNCIL MINUTES 1975-06-18 15041 L MINUTES OF THE EIGHT HUNDRED AND TWELFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 18, 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 8.10 P. M. . Councilman Ventura delivered the invocation. Roll was called with the following result. Present--Robert F. Nash, Robert R. Bishop, Peter A. Ventura, Jerry Raymond, Jerry H Brown, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present. Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney, Jack Dodge, Director of Finance, Robert E. Osborn, Director of Public Works, G. E. Siemert, City FDgineer; John Nagy, City Planner, John T. Dufour, Superintendent of Parks and Recreation; Robert Turner, Police Chief, LDarald Jennings, Executive Director, Livonia Housing Commission, Joseph Falk, Plan- ning Commission, and Michael Reiser of the Water and Sewer Board. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was 4512-75 RESOLVED, that the minutes of the 811th regular meeting of the Council of the City of Livonia, held June 4, 1975, are hereby approved. The Communication dated June 2, 1975, from the Department of Law, with respect' to Wayne County Circuit Court Civil Action No 75-057295-AW (Livonia Police Officers Association vs City of Livonia) was received and filed for the information of the Council. Councilman Brown took from the table for second reading and adoption the following Ordinance: AN ORDINANCE AMENDING SECTION 20 OF THE L 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. 75-1-1-2 FOR CHANGE OF ZONING FROM P.S. TO P. 15042 L A roll call vote was taken on the foregoing Ordinance with the following result• AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Bishop took from the table for second reading and adoption the following Ordinance• AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE• PETITION NO. 74-11-1-35 FOR CHANGE OF ZONING FROM RUF TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result ift, AYES. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Bennett took from the table for second reading and adoption and following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 74-3-3-3) A roll ca.11 vote was taken on the foregoing Ordinance with the following result. AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Bishop took from the table for second reading and adoption the following Ordinance: 15043 AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 74-4-3-4+) A roll call vote was taken on the foregoing Ordinance with the following result AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop 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 AMENDING SECTION 2-508 OF TITLE 2, CHAPTER 5 (SPECIAL ASSESSMENTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. A roll call vote was taken on the foregoing Ordinance with the following result- AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Brown, seconded by Councilman Bishop, it was #513-75 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Fblice dated May 28, 1975, which bears the signature of the Director of Finance, is approved for submission by the Mayor, with regard to increased costs for replacement parts and radio maintenance, the Council does hereby authorize the transfer of the sum of $1,000.00 from the Radio Capital Account No. 310-970 to the Radio Maintenance Account No. 310-851. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. tros By Councilman Brown, seconded by Councilman Ventura, it was 15044 #514-75 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated May 30, 1975, which bears the signature of the Finance Director, and is approved for submission by the Mayor, with regard to second-year funding of the Saturation Patrol Unit-North, for the period May 1, 1975 through June 30, 1976, the Council does hereby determine that funds required for the City to provide a Cash Match in the total amount of $39,305 00 are appropriated in the City's current Budget and/or to the extent required for the Fiscal Year commencing May 1, 1975 will be appropriated for this purpose, and as required to be consistent with the action taken herein the Council does hereby amend, revise or repeal Council Resolution No. 175-75 adopted on March 12, 1975. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS- None. By Councilman Bennett, seconded by Councilman Ventura, it was #515-75 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated May 21, 1975, which bears the signature of the Finance Director, and is approved for submission by the Mayor, with regard to funds to be used in conjunction with C.E.T.A funds to continue the Parks Supervisor Program for the summer of 1975, the Council does hereby authorize the transfer of the sum of $3,000.00 from Account No. 325-702 (Patrol Bureau Salaries) in the following manner. $2,500.00 to Account No. 316-702 (Juvenile Bureau Salaries and Wages); and $ 500.00 to Account No. 316-756 (Juvenile Bureau Miscellaneous). A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS- None. By Councilman McCann, seconded by Councilman Brown, it was #516-75 RESOLVED, that having considered the report and recommendation of the City Engineer dated May 29, 1975, approved by the Director of Public Works, and approved for submission by the Mayor, and to which are attached copies of two invoices of the Wayne County Road Commission, Nos. 33354 and 33351, the Council does hereby authorize Final Payments in the following manner (a) $1,183.32 to the Board of Wayne County Road Commissioners which sum includes the City's share of additional cost to date on the contracted portion of the project, in excess of the agreement between the Michigan Department of State Highways and Transportation, the Cities of Livonia and Westland and the Board, TOPICS T-4057 (28) Contract 70-1239, for the improvement of Wayne Road - Joy Road to Ann Arbor Trail (43083). 15045 (B) $5O.'?.42 to the Board of Wayne County Road Commissioners, which sum includes the City's share of additional costs to date on the contracted portion of the project, in excess of the agreement between the Michigan State Highway Commission and the City of Livonia and the Board, TOPICS T-4057(29), Contract 70-1238, for the improvement of the intersection of Wayne and Plymouth Roads (43084). and the Council does hereby appropriate and authorize the expenditure of the aforesaid sums of $1,183.32 and $502.42 from the $9.8 Million Street and Road General Obligation Bond Issue 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: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #517-75 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator) dated May 13, 1975, approved by Robert E. Osborn, Director of Public Works and approved for submission by the Mayor and submitted pursuant to Act 51 of the Public Acts of Michigan of 1951, as amended (M.S.A. Sec. 9.1097 (13)(d)(1) ) with regard to the transfer of funds for the calendar year 1975 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed (25% of the amount designated for major street system to be used on the local street system, and the City Clerk is hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman McCann, seconded byCouncilman Ventura, it was 0518-75 RESOLVED, that having considered a communication dated May 22, 1975 from the Assistant City Assessor, approved for submission by the Mayor, with regard to a request from Mr Louis Waldock, 14560 Fairlane, Livonia, Michigan 48154, 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 Lot 405, Supervisor's Livonia Plat No. 7 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into four (4) parcels, the legal descriptions of which shall read as follows• 15046 PARCEL A The North 74.86 feet of Lot 405, Supervisor's Livonia Plat No. 7 of the W. 1/2 of the S. W. 1/4 of Sec. 1, T. 1 S., R. 9 E., Livonia Twp. , now City of Livonia,_ Wayne County, Michigan, recorded in Liber 66, Page 58. PARCEL B: The South 74.86 feet of the North 149.72 feet of lot 405, Supervisor's Livonia Plat No. 7 of the W. 1/2 of the S.W. 1/4 of Sec. 1, T. 1 S., R. 9 E. , Livonia Twp., now City of Livonia, Wayne County, Michigan, recorded in Liber 66, Page 58. PARCEL C. The South 74.86 feet of the North 224.58 feet of lot 405, Supervisor's Livonia Plat No. 7 of the W. 1/2 of the S.W. 1/4 of Sec. 1, T. 1 S. , R. 9 E. , Livonia Twp., now City of Livonia, Wayne County, Michigan, recorded in Liber 66, Page 58. PARCEL D. All of lot 405, except the North 224.58 feet, Supervisor's Livonia Plat No. 7 of the W. 1/2 of the S.W. 1/4 of Sec. 1 T. 1 S. , R. 9 E. , Livonia Twp. , now City of Livonia, W#yne County, Michigan, recorded in Liber 66, Page 58 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• Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #519-75 RESOLVED, that having considered a communication from Mrs. Helen Katchmark and certain other residents dated May 29, 1975, wherein a request is submitted for the installation of a street light at the intersection of Fairfax and. Purlingbrook, the Council does hereby refer the same to the City Engineer for his report and recommendation. By Councilman McCann, seconded by Councilman Ventura, it was #520-75 RESOLVED, that having considered the report and recommendation dated May 22, 1975 from the City Engineer, approved by the Mayor, the Council does hereby authorize the release to the proprietor of the Tiffany Park Subdivision No. 6, the Financial Assurances previously deposited with 15047 respect to the General Improvement Bond in the sum of $1,500.00 and the Sidewalk Bond in the sum of $14,300.00, deposited with the City in accordance with Council Resolution No. 768-71, adopted on August 11, 1971 and as thereafter amended by Council Resolution No. 195-72, adopted on March 1, 1972, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed in accord- ance with the rules and regulations and ordinances of the City of Livonia, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. The communication from the Public Utility Manager, dated May 20, 1975, with respect to reimbursement for damage to car damaged in hole created by a water break, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication from the Public Utility Manager dated May 20, 1975, which bears the signatures of the Mayor and Director of Public Works, with regard to a claim in the amount of $345.00 from Mrs. Josephine Esper, 18189 Lathers, Livonia, Michigan 48152, dated April 17, 1975, relative to certain damage suffered by her husband's automobile on April 3, 1975 at the intersection of Gilman and Curtis, the Council does hereby determine to authorize payment of the sum of $345.00 to the aforesaid parties for the alleged damages, provided, however, that this resolution shall not be construed as an admission of responsibility by the City of Livonia, and further, that payment of such sum is conditioned upon the parties executing a general release to the City of Livonia, and the Council does hereby authorize the expenditure of the sum of $345.00 from the Unexpended Fund Balance Account for this purpose, and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. I roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Raymond and Bishop. NAYS: Brown, *McCann, Bennett and Nash. The President declared the resolution DENIED. *Councilman McCann made the following statement May 'nay' vote is cast im. iue to the fact that I believe this claim should be pursued in the small claims �ourt. 15048 LBy Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #521-75 RESOLVED, that having considered a communication from the Public Utility Manager dated May 20, 1975, which bears the signatures of the Mayor and Director of Public Works, with regard to a claim in the amount of $345.00 from Mrs. Josephine Esper, 18189 Lathers, Livonia, Michigan 48152, dated April 17, 1975, relative to certain damage suffered by her husband's automobile on April 3, 1975 at the intersection of Gilman and Curtis, the Council does hereby determine to refer this matter back to the Insurance Carrier, and requests further that the Finance Director do all things necessary to expedite the reconsideration of this claim. By Councilman Bishop, seconded by Councilman Brown, it was #522-75 RESOLVED, that having considered a communication from the Planning Director dated May 23, 1975, approved for submission by the Mayor, and which transmits a bus passenger waiting shelter agreement between the Southeastern Michigan Transportation Authority and the City of Livonia, the Council does hereby determine to approve of the proposed agreement and does authorize the Mayor and City Clerk to affix their signatures to the said contract for and on behalf of the City of Livonia, 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 L AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #523-75 RESOLVED, that having considered a communication from the Director of Finance dated May 20, 1975, approved for submission by the Mayor, and to which is attached the proposed budget of the Livonia Commission on Aging for the fiscal year ending November 30, 1975 in the total amount of $3,750.00, the Council does hereby determine to approve the said budget as submitted and to appropriate the sum of $3,750.00 from the Unexpended Fund Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS. None. By Councilman Brown, seconded by Councilman Bennett, and unanimously Ladopted, it was #324-75 RESOLVED, that having considered a communication from the Director of Finance dated May 20, 1975, approved for submission by the Mayor, with regard to a request submitted by the Livonia Commission on Aging for funds sufficient to employ a full-time person in the Senior Citizens Activity Center, the Council does hereby determine to refer the same to the Finance Director for consideration in the 1975-1976 Budget. 15049 By Councilman Ventura, seconded by Councilman Raymond, it was #525-75 RESOLVED, that having considered a communication dated March 31, 1975, from the City Planning Commission, which sets forth its Resolution No. 3-45-75, with regard to Petition No. 75-1-1-1, submitted by TSSNC Land Company for a change of zoning on property located west of Farmington Road and north of Orangelawn in the Northeast 1/4 of Section 33, from RUE to P.S. , and the Council having conducted a public hearing with regard to this matter on June 2, 1975, pursuant to Council Resolution No. 329-75, and the petitioner having amended and revised his petition so as to delete there- from Parcel 131b and the southerly 10 feet of Parcel 132a2, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 75-1-1-1, as amended and revised, 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 Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES- Ventura, Raymond, Brown, McCann, Bishop and Nash. NAYS Bennett. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Bishop, it was #526-75 RESOLVED, that having considered a communication dated March 31, 1975, from the City Planning Commission, which sets forth its Resolution No. 3-37-75, with regard to Petition No. 75-2-1-4, submitted by Don Vargo for a change of zoning on property located on the south side of Six Mile Road between Middlebelt and Merriman Roads in the Northeast 1/4 of Section 14, from RUF and C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on June 2, 1975, pursuant to Council Resolution No. 329-75, the Council does hereby determine to reject the recommendation of the Planning Commission and the said Petition No. 75-2-1-4 is hereby approved and granted with respect to the requested change from C-1 to C-2, but with respect to that portion of the petition zoned RUF, the Council does hereby determine on its own motion to refer and request that the City Planning Commission conduct a new Public Hearing in accordance with Section 23.O1(a) of the Livonia Zoning Ordinance, Ordinance No. 543, as amended, on the question of whether or not this property should be rezoned to a P classification, and thereafter submit a report and recommendation to the Council; 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 Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AXES• Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. 15050 By Councilman Bennett, seconded by Councilman Ventura, it was #527-75 RESOLVED, that the Council does hereby determine on its own motion, to request that the City Planning Commission conduct a Public Hearing, in accordance with Section 23.01(a) of the Zoning Ordinance on the question as whether or not the property described as the northerly 260 feet of Parcel D1, located on the South side of Six Mile Road, between Merriman and Middlebelt Roads, and presently zoned C-1, be rezoned to a lesser zoning classification. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Brown, McCann, Bennett and Bishop. NAYS: Nash. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Bishop, and unanimously adopted, it was #:528-75 RESOLVED, that the City Council does hereby request from the Chief City Inspector and the Finance Director a report and recommendation on the acquisition of pool cars for the Inspection Department. By Councilman McCann, seconded by Councilman Bishop, it was #:$29-75 WHEREAS, under Section 131C of Act 206, Public Acts of 1893, as amended, the owners are permitted to further redeem properties of which the State becomes the owner on May 6, 1975. WHEREAS, the municipalities in which the properties are located must approve the application of the owner to pay the 1974 and prior year's taxes, and, WHEREAS, the convenience of the taxpaying public demands that the information be obtained and arrangements to pay said taxes be accomplished in one office, NOW, THEREFORE, BE IT RESOLVED 1. That, Louis H Funk, Wayne County Treasurer, is, by this resolution, authorized to act as representative and agent of the City of Livonia for the purpose of approving the application of the property owners to pay the 1974 and prior years' taxes and accept the necessary monies, the same to be forwarded to Lansing, Michigan by him. 2. That the County Treasurer is further authorized by the City of Livonia to request of the Department of Natural Resources, Lands Division, the withholding of properties from the auction sale until November 3, 1975, provided that sufficient monies are deposited with County Treasurer to effect redemption. 15051 3. That the County Treasurer is to periodically report to City of Livonia the properties withheld by him and redeemed. 4. That a copy of this resolution be mailed to the Department of Natural Resources, Lands Division, Lansing, Michigan. A roll call vote was taken on the foregoing resolution with the following result: AYES• Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was 4530-75 RESOLVED, that having considered a communication from the Livonia Housing Commission dated June 5, 1975, approved for submission by the Mayor, with regard to the low-rent housing modernization program budget submitted to the U.S. Department of Housing and Urban Development dated May 30, 1975, relative to Project Nos. 55-1 and 55-2, the Council in behalf of the City of Livonia reaffirms its commitment under the cooperation agreement to furnish to the local housing agency and its residents the same type and level of public services and facilities provided to the community at large. A roll cA_11 vote was taken on the foregoing resolution with the following result: AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS• None. By Councilman Bennett, seconded by Councilman Bishop, it was #531-75 RESOLVED, that having considered a communication from the Director of Finance dated June 2, 1975, approved for submission by the Mayor, with regard to Michigan Municipal League dues for the period July 1, 1975 through June 30, 1976, the Council does hereby determine to authorize the payment of the sum of $5,386.00 to the Michigan Municipal League 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 resolu- tion. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS• None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously L adopted, it was #532-75 RESOLVED, that in accordance with Section 23.01(a) of the Livonia Zoning Ordinance, Ordinance No. 54+3, as amended, and with regard to the question of whether or not toaamend Sections 21.01 and 21.03 of the Zoning 15052 Ordinance so as to establish that the Zoning Board, of Appeals shall be composed of seven (7) members, the Council does hereby determine on its own ILw motion to refer to and request that the City Planning Commission conduct a Public Hearing on the question of whether such amendment should be mPae, and, thereafter submit a report and recommendation to the Council . By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #533-75 RESOLVED, that the Council does hereby request that the Department of Public Works and particularly the sign shop do a71 things necessary to make and install Bicentennial Signs at all principal street intersections on the City limits. By Councilman Brown, seconded by Councilman Bishop, it was unanimously adopted 4534-75 RESOLVED, that the Council does hereby determine to accept a gift in the amount of $300.00 from the Livonia Jaycees, and determines further, to reflect the said $300.00 as revenue in the Miscellaneous Revenue Account for the purpose of purchasing sign materials for use in connection with the installation of Bicentennial signs at principal street intersections of the City. By Councilman Raymond, seconded by Councilman Ventura, and unanimously Ime adopted, it was #535-75 RESOLVED, that having considered. Petition No. 75-6-3-6 submitted by Mr. Ben Bundo, dated June 9, 1975, wherein a request is made for the vacating of a certain alley located between Antago and. Rensellor, south of Grand River, in the Argonne State Subdivision in the Northeast 1/4 of Section 1, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinance. By Councilman Ventura, seconded by Councilman Raymond, it was #536-75 RESOLVED, that having considered a communication dated. March 31, 1975 from the City Planning Commission, which sets forth its Resolution No. 3-36-75, with regard to Petition No. 75-1-1-3, submitted by the City Planning Commission on its own motion to rezone property located on the east and west sides of Woodring Avenue, north of Five Mile Road in the Southwest 1/4 of Section 15, from R-1 and P.S. to P. , and the Council hav- ing conducted a public hearing with regard to this matter on June 2, 1975, pursuant to Council Resolution No. 329-75, the Council does hereby deter- mine to reject in part and to concur in part in the recommendation of the Planning Commission and the said Petition No. 75-1-1-3 is hereby approved and granted with respect to the South 38' of Lot 52, but denied with respect to Lot 72; 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 Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. 15053 A roll call vote was taken on the foregoing resolution with the following result• AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS• None By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #537-75 RESOLVED, that the Council having conducted a public hearing on June 2, 1975, pursuant to Council Resolution No. 272-75, relative to the revised Assessment Roll for the installation of ornamental street lighting with underground wiring in the Gold Manor Estates Subdivision in Section 9, the Council does hereby determine to refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Brown, seconded by Councilman Bishop, it was #538-75 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 147 more particu- larly described in Council Resolution No. 272-75 adopted on April 9, 1975, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street light- ing is to be installed, such roll having been prepared on the basis of street lighting being installed in Gold Manor Estates Subdivision in said Special Assessment District No. 147, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental street lighting and underground wiring and that the assessments set forth in said Special Assessment District No. 147 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assess- ment Roll No. 147 based on installation of ornamental street lighting with underground wiring is hereby approved and confirmed in all respects pursuant to the provisions of Section 2-513 of the Livonia Code of Ordi- nances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Raymond, Brown, McCann, Bishop and Nash. NAYS: Bennett. The President declared the resolution adopted. 15054 By Councilman Ventura, seconded by Councilman Raymond, it was 4539-75 RESOLVED, that having considered a communication dated June 9, 1975 from the Department of Law transmitting for Council acceptance a Grant of Easement dated May 29, 1975 executed by George Vlahakis and Toula C. Vlahakis, his wife, granting to the City of Livonia an easement to be used in connection with the future construction of Livonia Drain #36 in the Northwest 1/4 of Section 26 which easement is more particularly described as That part of the N.W. 1/4 of Section 26, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point distant S. 89° 21' 00" E. 1343.50 feet and S. 0° 29' 56" W. 656.07 feet from the N.W. corner of said Section 26, and proceeding thence S. 64° 26' 25" W. 72.36 feet, thence N. 89° 30' 04" W. 65.00 feet, thence N. 0° 29' 56" E. 20.00 feet, thence S. 89° 30' 04" E. 60.37 feet, thence N. 64° 26' 25" E. 77 51 feet, thence S. 0° 29' 56" W. 22.26 feet to the point of beginning. (L.D. #36 permanent easement through parcel no. 26E27a, 28a) the Council does herein for and on behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to low have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #540-75 RESOLVED, that having considered a communication dated June 9, 1975 from the Department of Law transmitting for Council acceptance two Grants of Easements convying to the City easements to be used in connection with a proposed storm sewer extension on the south side of Schoolcraft Road, immediately east of Hubbard Road, which Grants are more particularly described as 1. Grant of Easement dated May 21, 1975 executed by Victor H. Laurie and Jeanne B Laurie, his wife, conveying The N. 20 feet of the E 100 feet of the W. 243 feet of the N 1/2 of the N. E. 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the N. 248 feet thereof. (Bureau of Taxation Parcel 27A2a) and 15055 2. Grant of Easement dated May 21, 1975 executed by Jeanne B. Laurie conveying The N. 20 feet of the S. 154 feet of the N. 402 feet of the E. 100 feet of the W. 143 feet of the N. E. 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 27Alalal) the Council does hereby for and on behalf of the City of Livonia accept the aforesaid two Grants of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #541-75 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. The following resolution was unanimously introduced, supported and adopted- 4542-75 RESOLVED, that having considered a communication from Blue Grass Farms Civic Association dated June 11, 1975, requesting permission to conduct an Annual Bike Decorating Contest and Bike Race on Hix Road between Nola Circle and Lancaster, to be conducted on Saturday, June 28, 1975 at 10:00 A.M., the Council does hereby determine to grant permission as requested, the action taken herein being subject to the approval of the Police Department. The following resolution was unanimously introduced, supported and adopted #543-75 RESOLVED, that having considered a request submitted by Mr. John T. Dufour, in behalf of the Livonia Anniversary Committee dated June 16, 1975, approved for submission by the Mayor, with respect to a fireworks display at Veteran's Memorial Park on Sunday, June 29, 1975, at approximate- ly 10:00 P. M. as a finale to the "Livonia Spree 25" festivities, the Council does hereby grant permission to the said Livonia "SPREE 25" Committee and the Parks Division of the Department of Parks and Recreation to transport and fire aerial fireworks on the aforesaid date and at said location, provided, however, that this fireworks display shall be subject to observation by the Livonia Fire Department and shall be conducted in an area approved by them, further, that the permission herein granted is conditioned upon full compliance and adherence to the provisions set forth in Act 358 of P.A. of 1968; further, than an endorsement shall be added to the City's General Liability Policy adding as named insured Livonia "Spree �5" Committee and Livonia Anniversary Committee, Inc. , a duplicate copy of the original of such endorsement shall be approved as to form by the City Attorney and filed with the City Clerk, and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution 15056 By Councilman Brown, seconded by Councilman Bishop, it was #544-75 RESOLVED, that having considered a communication from the Director of Finance, dated June 17, 1975, approved for submission by the Mayor, with regard to the requested budget advance of the Bicentennial Committee, the Council does hereby determine to authorize an advance in the sum of $5,000.00 from the Unexpended Fund Balance Account for the purposes indicated in the aforesaid communication, and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result- AYES- Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was 4545-75 RESOLVED that having considered a communication from the Mayor dated June 17, 1975, approved by the Director of Finance, with regard to a contract between the City of Livonia and the Detroit-Wayne County Area Agency on Aging (Sub-Contract Acc. No. 304-1A22) which requires the City of Livonia to provide 10% in matching funds toward the cost of the housing survey of the City's elderly, the Council does hereby appropriate the sum of $440.00 from the Unexpended Fund Balance Account for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS. None. By Councilman Bishop, seconded by Councilman Bennett, and unanimously adopted, it was 4546-75 RESOLVED, that the City Council does hereby request that the Department of Law submit its report and recommendation relative to what action, if any, is required to have the Michigan State Highway Department provide suitable sound barriers along the north/south portion of I-275 route, between Schoolcraft and Eight Mile Roads in the City of Livonia, including environmental impact considerations for both present and future residential development in this area. By Councilman Bishop, seconded by Councilman Bennett, it was 0'547-75 RESOLVED, by the City Council of the City of Livonia, as follows 1. That the attached agreement between the Municipal Building Authority of Livonia and Donald C. Patterson for the purchase of the Idyl Wyld Golf Course, under the terms and conditions specified therein and in accordance with a Building Authority bond issue in substantially the form described in the attached memo, is hereby approved, and 15057 110 2. There is hereby appropriated and shall be paid to the Municipal Building Authority of Livonia from the Unexpended Fund Balance Account of the City of Livonia the sum of $10,000 to be used by the Building Authority for the purpose of making the deposit required in said agreement, said sum so appropriated to be promptly paid back to the City of Livonia by the Building Authority upon receipt by the Building Authority of the proceeds of sale of the Building Authority bonds described in the attached memo, and 3. The City Clerk and City Treasurer are hereby requested and authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Raymond, McCann, Bennett, Brown, Bishop and Nash. NAYS• None. By Councilman Brown, seconded by Councilman Bennett, it was 4548-75 RESOLVED, that having considered a communication from the Mayor dated May 16, 1975 with regard to the purchase of land from the City of Livonia by Forest City Dillon, Inc. and the proposed Option to Purchase Real Estate attached thereto, which option provides for the sale by the City of the following described property for the sum of $105,000.00, Parcel One• Lot 496 "Supervisor's Livonia Flat No. 8" as recorded in Liber 66, Page 59, of Flats, Wayne County Records, comprising 2.32 acres more or less. Parcel Two Part of the Southeast 1/4 of Section 2, Town 1 South, Range 9 East, described as beginning at South 1° 58' 52" East 1,336.16 feet and North 87° 43' 30" East 348.98 feet from the center one-quarter corner of Section 2, thence North 87° 43' 30" East 309.79 feet, thence South 2° 10' 35" East 289.00 feet, thence South 87° 43' 30" East 310.77 feet, thence North 01° 58' 52" West 289.00 feet to the point of beginning, comprising 2.06 acres more or less. and which further provides. (a) that the subject land shall be developed as a housing project for low and moderate income rental, (b) that the subject option shall expire on April 30, 1976 with provisions for renewal of the option for a period expiring October 31, 1976, (c) that upon exercise of the option, or the option as extended, and a showing by the buyer or its assignee that a firm mortgage commitment has been obtained from the Michigan State Housing Development Authority for a project to be constructed on said premises, the seller shall deliver its Warranty deed to Chicago Title Insurance Company, as escrow agent, for the purpose of delivering same for recording at the initial close of the mortgage at the Michigan State Housing Development Authority, 15058 the Council does hereby determine to authorize the Mayor and the City Clerk to execute the aforesaid option for and on behalf of the City of Livonia, and further, the Council does hereby authorize the Mayor and City Clerk to execute the aforesad,,d Warranty Deed for and on behalf of the City of Livonia, conditioned, however, upon the buyer exercising the aforesaid option in compliance with all requirements and terms contained in said option. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that with respect to the proposed option from Forest City Dillon, Inc. to purchase real estate from the City of Livonia, the Council does hereby determine to table the same until after July 10, 1975. A roll call vote was taken on the motion to table with the following result AYES• Ventura, Raymond and Nash. NAYS: Brown, McCann, Bennett and Bishop. The President declared the motion to table DENIED. A roll call vote was taken on the original resolution with the following result: AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, this 812th regular meeting of the Council of the City of Livonia was duly adjourned at 9:50 P. M., June 18, 1975. ADDISON W. B , City clerk.