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HomeMy WebLinkAboutCOUNCIL MINUTES 1974-10-23 14626 MINUTES OF THE SEVEN HUNDRED NINETY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 23, 1974, 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 Brown 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, Robert D. Bennett. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney, Robert Osborn, Director of Public Works; Jack Dodge, Director of Finance; Robert Turner, Police Chief; John Bunk, Fire Chief, John Nagy, City Planner; G. E. Siemert, City Engineer, Ronald Mardiros, City Assessor; John Dufour, Superintendent of Parks and Recreation; Robert Biga, Civil Cervice Department; and Francis Hand of the City Planning Commission. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #788-74 RESOLVED, that the minutes of the 795th regular meeting of the Council of the City of Livonia, held October 9, 1974, are hereby approved. By Councilman Ventura, seconded by Councilman Bishop, it was #789-74 RESOLVED, that the Council does hereby determine to amend the Annual Budget for the fiscal year as submitted by the Mayor, to add thereto the necessary funds to provide for the modifications in the "Schedule of Budget Modifications" referred to herein as Supplemental Sheet "A" annexed to said Budget, and that the complete Budget for the next fiscal year commencing December 1, 1974, and ending November 30, 1975, as submit- ted by the Mayor to the Council on September 13, 1974, pursuant to Section 3, Chapter VII of the City Charter, and as revised by the City Council, be and hereby is determined and adopted and appropriations made as provid- ed by the City Charter, that all proceedings on said budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 21, 1974, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on October 14, 1974; and provided further, that the City Clerk shall publish or cause to be published this resolution together with a summary of said budget as adopted herein, together with the minutes of this meeting. 14627 City of Livonia Modified General Fund Budget Fiscal Year En:ing November 30, 1.975 ESTIMATED REVENUES APPROPRIATIONS Property Taxes $6,160,003 Legislative $234,712 Interest on Delinquent Taxes 10,000 Judicial 344,202 Business Licenses and Permits 35,900 Executive 81,744 Non-Business Licenses & Permits 308,500 Election 104,874 Federal Grants - Public Safety 26,500 Financial & Administration 878,138 State Shared Revenues 3,368,335 Other General Government 303,881 Charges for Services 227,500 Public Safety 6,228,403 Charges for Services - Use and Protective Inspection 371,597 Admissions 572,360 Other Protective 43,175 Fines and Forfeits 540,000 Highways, Streets & Bridges 1,315,131 Miscellaneous 27,500 Other City Services 64,818 Interest Earnings 277,000 Parks and Recreation 1,194,437 Other Revenues 769,816 Cultural 423,590 Conservation 87,888 Planning 290,500 Other City Functions 356,324 Total General Fund Revenues $12,323,414 Total General Fund $12,323,414 Expenditures A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #790-74 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of five (5) mill, i.e., five-tenths (510) of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 1974, and ending November 30,1975, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia: (a) The Council does hereby establish a tax levy of one (1) mill, i.e., 1/10 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; 14628 (b) The Council does hereby establish a tax levy of .055 mills, i.e., 55/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade,business and industries of the City of Livonia; in addition to the amount which is authorized to be levied for general municipal purposes; (c) The Council does hereby establish a tax levy of 1.417 mills, i.e., 1417/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (d) The Council does hereby establish a tax levy of .151 mills, i.e., 151/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the 1959, 1965 and 1968 Fire Station Bond Issue; in addition to the amount which is authorized to be levied for general purposes; (e) The Council does hereby establish a tax levy of .023 mills, i.e., 23/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement of the 1960 and 1965 Public Library Bond Issue; in addition to the amount which is authorized to be levied for general municipal purposes; (f) The Council does hereby establish a tax levy of .277 mills, i.e., 277/10,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the Park and Recreational Facilities Bond Issue, Series I and Series II, in addition to the amount which is authorized to be levied for general municipal purposes; 14629 (g) The Council does hereby establish a tax levy of 1.003 mills, i.e., 1003/10,000 of one (1) percentum of the State equalized assessed valuation of X11 real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the Street Improvement Bonds, Series I and Series II, in addition to the amount which is authorized to be levied for general municipal purposes, (h) The Council does hereby establish a tax levy of .054 mills, i.e., 5410,000 of one (1) percentum of the State equalized assessed valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above for the purpose of debt retirement on the Senior Citizens Housing Bond Issue, in addition to the amount which is authorized to be levied for general municipal purposes; and provided further, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is requested to immediately transmit copies of this resolution to each of the above offices. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #791-74 RESOLVED, that in accordance with the provisions of Chapter 20 of Act 40 of the Public Acts of 1956, otherwise known as the Drain Code of 1956, and in order to raise the sum necessary to pay: (a) Installment No. 16 of the assessment for improving Livonia Drain No. 1, which installment is due April 1, 1975, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1975, and (b) Installment No. 14 on the assessment for improving Livonia Drain No. 2, which installment is due April 1, 1975, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1975, and (c) Installment No. 13 of the respective assessments for improving Livonia Drains Nos. 5, 6, 7, 8, 9 and the Bakewell Drain which respective installments are each due April 1, 1975, and to pay the interest on the respective unpaid balances, which interest payments are also due on April 1, 1975; and (d) Installment No. 11 of the respective assessments for improving Livonia Drains Nos. 11, 12, 13, 16, 17 and 19, which respective installments are each due April 1, 1975, and to pay the interest on the respective unpaid balances, which interest payments are also due on rtpril 1, 1975; and 14630 (e) Installment No. 8 of the respective assessments for improving Livonia Drain No. 22 and Livonia Drain No. 22 Branches, which installment is due April 1, 1975, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1975; and (f) Installment No. 8 of the assessment for improving Bell Drain No. 2 (Enclosure and Branches) Drain, which installment is due April 1, 1975, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1975, and (g) Installment No. 7 of the assessment for the improving of Livonia Drains Nos. 23, 24, 25, Farmington Road Storm Relief Drain, Farmington Relief Extension No.1 Drain and Blue Drain Enclosure (Livonia Section), which respective installments are due April 1, 1975, and to pay the interest on the respective unpaid balances, which interest payments are also due on April 1, 1975; and (h) Installment No. 6 of the assessments for improving Livonia Drain No. 20 (Branches) and the Livonia Drain No. 30, which installments are due April 1, 1975, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1975; and (i) Installment No. 5 of the assessment for improving Livonia Drains Nos. 2 (Branches), 5 (Branches), 6 (Extension and Branches), 11 (Extensions), 12 (Branches), 13 (Extension and Branches), 19 (Extension), 21, 22 (Branches and Extension), 26 and 31, which installments are due April 1, 1975, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1975; and (j) Installment No. 4 of the assessment for improving Livonia Drains Nos. 1 (Extension and Branches), 28 (Branches), 33, 34, 35 and Blue Drain Extension and Branches, which install- ments are due April 1, 1975, and to pay the interest on the unpaid balance, which interest is also due on April 1, 1975; and the Council of the City of Livonia does hereby determine that there shall be and does hereby establish a tax levy of 1.435 mills of the State Equalized valuation of all real and personal property subject to taxation in the City of Livonia for the purpose of providing sufficient revenues to meet and pay the said installments and interest payments and, in this connection, the City does hereby elect to have such tax levy spread upon the County tax roll; and the Wayne County Bureau of Taxation, Office of the Wayne County Drain Commissioner, City Treasurer, City Assessor and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices. 14631 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #792-74 RESOLVED, that in accordance with the authority provided in Act 342, Public Acts of Michigan, 1939, as amended, and in order to raise the sum necessary to pay the third installment for sanitary and storm sewer improvements in Rosedale Gardens Subdivision, the Council of the City of Livonia does hereby determine that there shall be and does hereby establish a tax levy of .232 mills of the State Equalized valuation of all real and personal property subject to taxation in the City of Livonia for the purpose of providing sufficient revenues to meet and pay the said installment and interest payments and, in this connection, the City Council does hereby elect to have such tax levy spread upon the County Tax Roll, and the Wayne County Bureau of Taxation, Office of the Wayne County Road Commission, City Treasurer, City Assessor and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. The communication dated September 27, 1974 from the Director of Finance, transmitting Financial Reports for the six months ending August 31, 1974 for the Water Fund and the Sewer Fund, was received and filed for the information of the Council. Councilman Raymond gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2-1301 OF CHAPTER 13 (HISTORICAL COMMISSION) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result- AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. LNAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 14632 Councilman Ventura gave second reading to the following Ordinance. AN ORDINANCE AMENDING CHAPTER 7 (RETIREMENT PLAN ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTION 2-724 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result- AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Bishop, seconded by Councilman McCann, it was #793-74 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated September 23, 1974, which bears the signature of the Finance Director, is approved by the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby determine to accept the bid of Telford & Doolen, Inc., 32971 Capitol, Livonia, Michigan 48150 for supplying the City (Road Maintenance Section) with two (2) Reversible Trip Blade Plows for the unit price of $1,803.00 and the total price of $3,606.00, the same having been in fact the lowest and only bid received and meets specifications for this item. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Bishop, it was #794-74 RESOLVED, that having considered a communication from the Water and Sewer Board dated September 25, 1974, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits its resolution No. WS 1977 974, the Council does hereby deter- mine to accept the bid of LeRan Copper & Brass Company, P. 0. Box 40, Coldwater, Michigan, for supplying the City (Water Department) with Type "K" Copper Water Tubing 3/4" in 60' rolls (5,000 feet more or less) for the price of $67.70 C. Ft., the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. 1 14633 By Councilman McCann, seconded by Councilman Brown, it was #795-74 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated September 27, 1974, approved by the Finance Director, and approved for submission by the Mayor, wherein a request is made for the transfer of certain funds necessitated by the need to replace sod at Ford Field, as well as certain repairs of mechanical equipment at the Ford and Devon-Aire Ice Rinks, the Council does hereby determine to authorize the following transfer of funds : a) $650.00 from Recreation Building Equipment Account No. 709-942 to the Parks Division Playground Maintenance Account No. 704-760; b) $1,200.00 from Recreation Building Equipment Account No. 709-942 to the Parks Division Equipment Maintenance Account No. 595-778, and c) $50.00 from Recreation Tools and Supplies Account No. 709-766 to the Parks Division Equipment Maintenance Account No. 595-778. A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #796-74 RESOLVED, that having considered a communication from the Director of Public Works (in his capacity as Street Administrator) dated September 27, 1974, 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. 1097 (13) (d) (1) ) with regard to the transfer of funds for the calendar year 1974 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 ^treet 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: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was 14634 #797-74 RESOLVED, that having considered a communication from the Chief Librarian dated September 19, 1974, which bears the signature of the Finance Director, and is approved for submission by the Mayor, and which transmits a resolution adopted by the Library Commission on September 16, 1974, No. 22-74, with regard to the refund credit of $18,917.00 received from the Wayne County Federated Library System, the Council does hereby determine to increase the Library Books and Periodicals Account No.738-957 by the sum of $3,177.00, as well as to increase the RevenueAccount for Library Services by the sum of $3,177.00 for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #798-74 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated September 30, 1974, which bears the signature of the Finance Director, and is approved for submission by the Mayor, wherein a request is made for an appropria- tion of $6,062.00 for prisoner meals, the Council does hereby determine to increase Account No. 304-761 and Revenue Account No. 040-632 in the amount of $6,062.00 for the reasons indicated in the aforesaid communica- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was #799-74 RESOLVED, that the Council does hereby request a report and recommendation from the Finance Director relative to the matter of distinguishing between the cost of prisoner meals at the City jail from those cases where the City is charged for the cost of prisoner meals at DeHoCb, and further, in this regard, whether or not the latter item should be removed from the budget of the Police Department and more properly placed in the budget of the 16th District Court. By Councilman Brown, seconded by Councilman Bishop, it was #800-74 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated September 25, 1974, approved for submission by the Mayor, and submitted pursuant to Council Resolution No. 617-74, with regard to the public walkway easement leading to Parksite "C", and located adjacent to Lots 144-145 of the Nottingham Woods West Subdivision No. 3, the Council does hereby determine to concur 14635 in the recommendation set forth therein, and does, therefore authorize the owners of Lots 144-145 to sod and landscape the said easement in the manner indicated in the aforesaid communication; and further, the Council does hereby request and require the proprietor of the said subdivision to make a cash payment to the City in an amount to be established by the City Engineer for the purpose of defraying the cost for the possible future installation of a walkway and fencing in lieu of compliance with the preliminary plat approval requirement that the proprietor construct a public walkway with fencing, such cash payment to be made and deposited with the City Clerk prior to final release of all subdivision improvement bonds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #801-74 RESOLVED, that having considered a communication from the Acting City Engineer dated September 12, 1974, approved by the Director of Public Works, and approved for submission by the Mayor, which submits a status report relative to street lighting in the Nottingham Woods West, Nottingham Woods West No. 2, and Nottingham Woods West No. 3 Subdivisions, the Council does hereby determine to take no further action with respect to this matter, all prior approvals, resolutions, and actions taken by this Council remaining in full force and effect. A roll call vote was taken on the foregoing resolution with the following result: AYES : Brown, McCann, Bishop, Ventura and Nash. NAYS: Bennett and Raymond. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #802-74 RESOLVED, that having considered a proposal submitted by County Ambulance Service Inc., wherein it is requested that the existing contract between the City of Livonia and the said County Ambulance Service Inc. as authorized by Council Resolution No. 266-74, adopted on April 10, 1974, be revised in the manner and form submitted, the Council does hereby deter- mine to refer the same to the Committee of the Whole for further considera- tion. hBy Councilman Brown, seconded by Councilman Raymond, it was 14636 #803-74 RESOLVED, that having considered a communication from the Chief L. of Police and the Director of Public Safety-Police dated September 17, 1974, which bears the signature of the Finance Director, and is approved for submission by the Mayor, and to which is attached a proposed addendum to the contract previously authorized by Council Resolution No. 605-74, adopted on August 7, 1974, regarding the installation of a Data Process Computerization Program for law enforcement in the Livonia Division of Police, by the State of Michigan Office of Criminal Justice, the Council does hereby determine to authorize the Mayor and City Clerk to affix their signature to the said Addendum for and on behalf of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. The communication from Mrs. Lillian Owens, dated September 25, 1974, requesting permission for Beauty Shop in residentially zoned area, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Brown, it was LRESOLVED, that the Council does hereby request that the Legisla- tive Committee give consideration to submitting to Council a proposed revision of the definition of "home occupation" as set forth in Section 2.08(4) of Ordinance No. 543, as amended, the Zoning Ordinance. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Brown and Nash. NAYS: Bennett, Bishop, Raymond and McCann. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Brown, it was #804-74 RESOLVED, that having considered a communication from Newburgh Heights/Greenwood Farms Civic Association dated September 23, 1974, which contains certain suggestions concerning providing access, expansion, use and improvement of the City Park and Greenwood Farms Park Commons located in Section 18, the Council does hereby determine to refer this matter to the School Board and City Council Joint Committee and to the Parks and Recreation Commission for their respective reports and recommendations. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. 14637 By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #805-74 RESOLVED, that having considered a communication dated September 25, 1974, from Mrs. Keith Mino, 18530 Irving, Livonia, Michigan 48152 and Mrs. Elwood Williams, 18358 Filmore, Livonia, Michigan 48152, wherein a request is made for the vacating of a certain alley located between Lots 126-132, inclusive, and Lots 183-185, inclusive, of the Seven Mile Super Highway Subdivision, 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 Bennett, it was #806=74 RESOLVED, that having considered the communication dated October 1, 1974, from the City Planning Commission, which transmits its resolution No. 9-185-74, with regard to Petition No. 74-6-3-9, submitted by Karen F. Kiefner for vacating three feet of a nine-foot easement located on the east side of Milburn between Clarita and Pickford in the Northwest 1/4 of Section 11, City of Livonia, Wayne County, Michigan, the Council does hereby determine to approve and grant the said Petition; and the Department of Law is requested to prepare the necessary vacating ordi- nance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #807-74 RESOLVED, that having considered a communication from the City Planning Commission dated October 2, 1974, which transmits its resolution No. 9-200-74, with regard to Petition No. 74-9-8-36, submitted by Newburgh Land & Development Company, requesting site plan approval for erection of multiple dwellings on property located on the south side of Plymouth Road between Stark Road and Farmington Road in Section 33, the Council does hereby determine pursuant to provisions set forth in Section 8.02 of Ordinance No. 543, as amended, to concur in the recommendation of the Planning Commission, and Petition No. 74-9-8-36 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission, as well as the following additional conditions: 1. That each apartment building shall be provided with a roof overhang of no less than 12" from the face of the building wall. 2. That the mechanical louver screen located on front building walls shall be improved in appearance by the installation of decorative screening material. 14638 A roll call vote was taken on the foregoing resolution with the following result. AYES : McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bishop, it was ##808-74 RESOLVED, that having considered a communication dated October 2, 1974, from the City Planning Commission, which transmits its resolution No. 9-194-74, with regard to Petition No. 74-7-8-27, submitted by Marvin Diamond, Health Saving Services, requesting approval of all plans required by Section 29.02 for a proposal to construct senior citizen housing on property located on the south side of Seven Mile Road between Middlebelt Road and Parkville in Section 12, the Council does hereby determine to waive the ten-day limitation set forth in Section 19.08 of Ordinance No. 543, as amended, and does further designate Monday, December 16, 1974, at 8:00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hear- ing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. The report of the Livonia CATV Study Committee, as transmitted by the Mayor under date of October 2, 1974, was received and filed for the information of Council. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #809-74 RESOLVED, that having considered a communication from the Mayor dated October 2, 1974, submitted pursuant to Council Resolution No. 976-73, adopted on November 28, 1973, and which transmits a report of the Livonia CATV Study Committee, with regard to a request submitted by TeleCable Corporation, dated September 20, 1972, the Council does hereby L determine to take no further action with respect to this matter at this time. 14639 By Councilman Ventura, seconded by Councilman Bennett, it was #810-74 RESOLVED, that having considered a communication from the Depart- ment of Law dated September 26, 1974, approved by the Mayor, with respect to the proposed "Model Farm" located on Eight Mile Road west of Newburgh Road in the City of Livonia (Hill property), wherein it is recommended that an expert real estate appraiser be employed to determine the fair market value of both the 100-acre parcel as well as an appraisal of the approximately 5-acre part on which the residence and related farm buildings are situated, the Council does hereby authorize the Department of Law to retain an expert real estate appraiser for the purpose of determining the fair market value of the subject property as aforesaid, and does for this purpose hereby appropriate and authorize the expenditure of a sum not to exceed $1000.00 from Federal Revenue Sharing Funds; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll CAll vote was taken on the foregoing resolution with the following result: AYES : Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Bishop, seconded by Councilman Brown, it was #811-74 RESOLVED, that having considered a communication from the Program Director of the Livonia Office of Volunteer Energies dated October 7, 1974, the Council does hereby determine to accept in behalf of the City of Livonia a donation from the Livonia Jaycees in the amount of $200.00, the same to be deposited in the General Fund; further, the Council does hereby determine to appropriate the sum of $200.00 to Account No. 905-882, the same to be expended by L.O.V.E. in an alcoholism - drug abuse related project in the manner indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #812-74 RESOLVED, that having considered a communication from the Director of Finance dated October 7, 1974, approved for submission by the Mayor, which submits a proposed budget for the Livonia Arts Commission for the remainder of the fiscal year ending November 30, 1974, the Council does hereby determine to approve the following budget for this purpose: Account Description Account Number Amount Secretary - Part Time 706 $ 75.00 Office Supplies 728 75.00 Postage 730 400.00 Auto Allowance 861 100.00 Travel & Education 864 50.00 14640 Account Number Amount Promotional - Materials 882.1 400.00 Promotional - Supplies 882.2 137.50 Dues & Subscriptions 958 12.50 Total $1,250.00 further, the Council does hereby determine to increase Rental Income Revenue Account No. 675 in the amount of $1,250.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication dated August 7, 1974, from the City Planning Commission, which sets forth its resolution No. 7-149-74, with regard to Petition No. 74-4-1-9, submitted by Bell Creek Development Company for a change of zoning on property located south of Five Mile Road between Santa Anita and Cavell in the Northeast 1/4 of Section 24, from RUF to R-7 and C-1, and the Council having conducted a public hearing with regard to this matter on October 7, 1974, pursuant to Council Resolution No. 671-74, the Council does hereby determine to concur in part and reject in part the recommendation of the Planning Com- mission, and the said Petition No. 74-4-1-9 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 and Raymond. NAYS: Brown, McCann, Bennett, Bishop and Nash. The President declared the resolution DENIED. By Councilman McCann, seconded by Councilman Bishop, it was #813-74 RESOLVED, that having considered a communication dated August 7, 1974 from the City Planning Commission, which sets forth its resolution No. 7-149-74, with regard to Petition No. 74-4-1-9, submitted by Bell Creek Development Company for a change of zoning on property located south of Five Mile Road between Santa Anita and Cavell in the Northeast 1/4 of Section 24, from RUF to R-7 and C-1, and the Council having conducted a public hearing with regard to this matter on October 7, 1974, pursuant to 14641 Council Resolution No. 671-74, the Council does hereby determine to concur in part and reject in part the recommendation of the Planning Commission, and the said Petition No. 74-4-1-9 is hereby denied for the following reasons: 1. The proposed zoning changes would be detrimental to the surrounding and established uses of the area. 2. The proposed zoning changes would not provide for the orderly growth and development of the surrounding area. 3. The proposed change in zoning to provide for an expansion of commercial zoning would promote strip commercial development which is contrary to good planning principles and are in conflict with the goals and policies for commercial develop- ment as set forth in the 1985 Land Use Plan Report. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication dated August 7, 1974, from the City Planning Commission, which sets forth its resolution No. 7-149-74, with regard to Petition No. 74-4-1-9, submitted by Bell Creek Development Company for a change of zoning on property located south of Five Mile Road between Santa Anita and Cavell in the Northeast 1/4 of Section 24, from RUF to R-7 and C-1, and the Council having conducted a public hearing with regard to this matter on October 7, 1974, pursuant toCouncil Resolution No. 671-74, the Council does hereby determine to table this matter to the Study Session to be conducted on November 13,1974. 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: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #814-74 RESOLVED, that having considered a communication dated August 7, 1974, from the City Planning Commission, which sets forth its resolution No. 7-151-74, with regard to Petition No. 74-6-1-13, submitted by Roy I. Albert, Architect for Margaret Megaw, for a change of zoning on property located on the south side of Seven Mile Road between Middlebelt Road and Melvin Avenue in the Northeast 1/4 of Section 11, from R-5 to C-2, which petition was thereafter amended by the petitioner to C-1, and the Council 14642 having conducted a public hearing on this matter on October 7, 1974, pursuant to Council Resolution No. 671-74, the Council does hereby reject the recommendation of the Plann.Lng Commission and the said Petition No. 74-6-1-13, as amended, is hereby denied for the following reasons: 1. The proposed zoning change will discourage the orderly growth and development of the surrounding area. 2. The proposed zoning change will encourage the further expansion of commercial uses along Seven Mile Road and will cause the conversion of other residentially zoned lands to commercial uses inconsistent with the future Land Use Plan for the Livonia Mall area. 3. The proposed change of zoning, by providing for an increase in intensity of commercial use, will be detrimental to the surrounding area, particularly the residential neighborhood to the south and west thereby diminishing the continued residential use and enjoyment of the area. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #815-74 RESOLVED, that having considered a communication dated July 25, 1974, from the City Planning Commission, which sets forth resolution No. 7-138-74, with regard to Petition No. 74-6-1=14, submitted by the City Planning Commission on its own motion, for a change of zoning on property located north of Seven Mile Road between Purlingbrook and Middlebelt Road in the Southeast 1/4 of Section 2, from R-1 to P, and the Council having conducted a public hearing, with regard to this matter on October 7, 1974, pursuant to Council Resolution No. 671-74, the Council does hereby deter- mine to concur in the recommendation of the Planning Commission and the said Petition No. 74-6-1•-14 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: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. 146.43 By Councilman Ventura, seconded by Councilman Raymond, it was ##816-74 RESOLVED, that having considered a communication dated July 25, 1974, from the City Planning Commission, which sets forth its resolution No. 7-139-74, with regard to Petition No. 74-6-6-2, submitted by the City Planning Commission on its own motion, for an amendment to Ordinance No. 543, the Zoning Ordinance, so as to revise the offstreet parking require- ments for housing for the elderly, and the Council having conducted a public hearing with regard to this matter on October 7, 1974, pursuant to Council Resolution No. 671-74, the Council does hereby determine to concur in the recommendation of the Planning Commission and the said Petition No. 74-6-6-2 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 call vote was taken on the foregoing resolution with the following result: AYES: Brown, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: McCann. The President declared the resolution adopted. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 10 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. 74-1-1-3 FOR CHANGE OF ZONING FROM P.L. to R-3. The foregoing Ordinance, when adopted, is filed in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 31 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. 74-5-1-12 FOR CHANGE OF ZONING FROM C-1 TO P.S.AND R-1 TO P. 14644 The foregoing Ordinance, when adopted, is filed in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 9 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: PETI- TION NO. 74-3-1-7 FOR CHANGE OF ZONING FROM R-3 TO RUF. The foregoing Ordinance, when adopted, is filed in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular Imo meeting of the Council. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #817-74 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 (M.S.A. Section 5.2934) 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, December 16, 1974, 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. 74-8-1-22 submitted by Fred Armour for George R. Shamie, Jr., for a change of zoning of property located at the southwest corner of Seven Mile Road and Brentwood in Section 12, from R-1 and RUF to P.S., the City Planning Commission having in its resolution No. 9-180-74 recommended to the City Council that Petition No. 74-8-1-22 be approved, 2. Petition No. 74-8-1-25 submitted by the City Planning Commission on its own motion, for a change of zoning of property located south of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, from RUF to P, the City Planning Commis- sion in its resolution No. 9-182- 74 recommended to the City Council that Petition No. 74-8-1-25 be approved; 14645 3. Petition i'Jo. 74-6-6-4 submitted by the City Planning Commission pursuant to Council Resolution No. 401-74 for an amendment to Section 17.03(c) of the M-2 District Regulations, Uses Prohibited, of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, so as to require review by the City Planning Commission and approval of the City Council of certain prohibited uses, and the City Planning Commission having: in its resolution No. 9-186-74 recommended to the City Council that Petition No. 74-6-6-4 be approved; further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and (b) location of the proposed changes of 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 hear- ing, 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 Cl( rk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #818-74 RESOLVED, that having considered a communication dated September 30, 1974, from Fred J. Armour, Affiliated Engineers, Inc., submitted on behalf of his client, Dr. Ronald Broquet, D.D.S., wherein it is indicated that the petitioner seeks to withdraw from any further consideration Petition No.74,7-8-29, which requested approval of a site plan in connec- tion with a proposal to construct a medical clinic on the west side of Farmington Road, south of Eight Mile Road in the Northeast 1/4 of Section 4, the Council does hereby determine to take no further action with respect to this matter, in accordance with the request of the petitioner. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #819-74 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was 14646 #820-74 RESOLVED, that having considered Petition No. 74-10-3-12, submit- ted by Livonia Public Schools, dated October 14, 1974, wherein a request is made for the vacating of a ten-foot wide easement across Lot 44 of the Thomas F. OtConnorts Parkview Acres Subdivision, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinance. By Councilman Bishop, seconded by Councilman Brown, it was #821-74 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated October 17, 1974, which bears the signature of the Finance Director, and is approved for submission by the Mayor, with regard to the compiling and mailing of the "Crime Prevention Booklet" to be distributed by the Division of Police with the cooperation of the Livonia Chamber of Commerce, the Council does hereby determine to increase the sale of Equipment Revenue Account, No. 040-680 by the sum of $2,981.00, and further, does appropriate and authorize the expenditure of $2,981.00 from the aforesaid Account in order to cover printing costs for the said booklet in the manner detailed in the afore- said communication; and the City Treasurer and City Clerk 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: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #822-74 RESOLVED, that having considered a communication dated October 17, from the Planning Director, which bears the signature of the Fire Chief, and is approved for submission by the Mayor, with regard to the proposed acquisition of property located south of Six Mile Road on the west side of Newburgh Road for a Branch Fire Station Site, the Council does hereby determine to refer this matter to the Study Session to be conducted on October 28, 1974. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura and Raymond. NAYS: Nash. The President declared the resolution adopted. By Councilman Brown, seconded. by Councilman Bennett, it was 14647 By Councilman Brown, seconded by Councilman Bennett, it was #823-74 RESOLVED, that having considered the report and recommendation dated October 21, 1974, from the City Engineer, which bears the signature of the Finance Director, is approved by the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby accept the Unit Price Bid of Harold Thomas Nursery, Inc., 14925 Middlebelt, Livonia, Michigan, for the landscaping and beautifying of the South side of Plymouth Road between Hubbard and Merriman Roads (Contract No. 74-H) in the City of Livonia in accordance with plans and specifications as prepared by the Engineering Division, attached to the aforesaid communication, for the estimated total cost of $54,813.85, based on the Engineering Division's estimate of Units of Work involved and subject to the Final Payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest and only bid received for this item; further, the Council determines to reject the supplemental bid received for removal and replacement of existing deteriorated sidewalks and drive approaches for the reasons indicated in the aforesaid communication, and in this regard request that the Engineering Division submit an additional report for replacing deteriorated sidewalks and drive approaches within this area pursuant to the Single Lot Assessment Ordinance, and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to- execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, McCann, Bennett, Bishop, Ventura, Raymond and Nash. NAYS: None. *Councilman Nash was excused at 9:23 p. m. By Councilman Bennett, seconded by Councilman McCann, it was #824-74 RESOLVED, that having considered a communication from the City Clerk dated October 23, 1974, which indicates that the Rouge Valley Construction Company, 32300 Schoolcraft, Livonia, Michigan, proprietor of the Madonna Estates Subdivision No. 3 (formerly St. Mary Estates Subdivi- sion No. 2), situated in the S. E. 1/4 of Section 20, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval; and the Council having received a communica- tion from the City Planning Commission dated October 23, 1974, wherein said Commission approves the final plat for the said subdivision in its resolution No. 10-218-74, adopted on October 22, 1974; and the City Engin- eer on October 16, 1974 having indicated that substantial compliance has been made, with the conditions upon which the preliminary plat was approved by the Council in its resolution No. 482-74, adopted on June 19, 1974, as amended, said preliminary plat having been recommended for approval by the 14648 City Planning Commission on April 30, 1974, in its resolution No. 4-96-74; now, therefore, the Council does hereby determine to grant its approval to the Final Plat of Madonna Estates Subdivision No. 3 (formerly St. Mary Estates Subdivision No. 2), located in the S. E. 1/4 of Section 20, City of Livonia, Wayne County, Michigan, as submitted by the Proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the Ordinances of the City of Livonia; and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Bishop, Ventura, Raymond and Brown. NAYS: None. *Councilman Nash returned at 9.24 p. m. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, this 796th regular meeting of the Council of the City of Livonia was duly adjourned at 9:25 P. M., October 23, 1974. ADDISON W. ' ty r erk.