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HomeMy WebLinkAboutCOUNCIL MINUTES 1974-11-06 14649 MINUTES OF THE SEVEN HUNDRED NINETY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 6, 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 McCann 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, Robert Turner, Police Chief; Jack Dodge, Director of Finance; John Nagy, City Planner; G. E. Siemert, City Engineer; H. Patrick O'Neill, Director of Civil Defense; John T. Dufour, Superintendent of Parks and Recreation; Theodore Krauss, Civil Service Department; and H. G. Shane of the Planning Department. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #825-74 RESOLVED, that the minutes of the 796th regular meeting of the Council of the City of Livonia, held October 23, 1974, are hereby approved. The communication dated October 15, 1974, from the Department of Law, with respect to Michigan Court of Appeals Case Nos. 18075 and 18114 (Howard L. Jones, et al vs Racing Commissioner and City Of Pontiac) was received and filed for the informa- tion of the Council. The communication dated October 28, 1974 from the Department of Law, with respect to Wayne County Circuit Court Civil Action No. 73-232449-CZ (Charles J. Rinaldi v Civil Service Commission) was received and filed for the information of the Council. The communication dated October 18, 1974 from the Director of Finance, which transmits Financial Reports for the period ending September 30, 1974, for the 14650 LGeneral, Concession, Golf Course, Ice Rink, Swimming Pool, Municipal Refuse Disposal System, Federal Revenue, Water and Sewer Funds, was received and filed for the information of the Council. Councilman Ventura gave second 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 CHARGE OF ZONING FROM P.L. to R-3. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Bishop, Ventura, Brown and Nash. NAYS: Raymond. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. LCouncilman Brown gave second 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 FROM C-1 TO P.S. AND R-1 TO P. A roll call vote was taken on the foregoing Ordinance with the following result' AYES' McCann, Bennett, Bishop, Raymond, Brown and Nash. NAYS: *Ventura. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. *Councilman Ventura made the following statement. My 'nay' vote is cast because part of the land to be rezoned has deed restrictions and have been duly Lrecorded. 14651 Councilman Bennett gave second 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: PETITION NO. 74-3-1-7 FOR CHANGE OF ZONING FROM R-3 TO RUF. A roll call vote was taken on the foregoing resolution with the following result- AYES : McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS : None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Ventura, seconded by Councilman Bennett, it was #826-74 RESOLVED, that having considered the report and recommendation of the Director of Civil Defense dated October 16, 1974, approved by the Finance Director, and approved for submission by the Mayor, the Council does hereby determine to accept the Unit Price Bid of Allie Brothers of Livonia, 20331 Middlebelt, Livonia, Michigan 48152, for supplying the City with Arm Patches, Uniform Shirts, Uniform Hats, and Uniform Ties for the estimated total price of $1,925, the same having been in fact the lowest bid received for this item and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Bennett, Ventura, Raymond, Brown and Nash. NAYS : Bishop. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman McCann, it was #827-74 RESOLVED, that having considered a communication from the Director of Civil Defense dated September 26, 1974, which bears the signature of the Finance Director, and is approved for submission by the Mayor, the Council does hereby determine to authorize the transfer of the sum of $40.00 from Account No. 429-960 (Training) to Account No. 429-853 (Telephone) for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result. AYES : McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. 14652 By Councilman Ventura, seconded by Councilman Raymond, it was #828-74 RESOLVED, that having considered a communication from the Chief Building Inspector, the Director of Public Works, and the Finance Director, dated October 8, 1974, approved for submission by the Mayor, with regard to auto reimbursement for Field Inspectors, the Council does hereby deter- mine to appropriate and authorize the transfer of the sum of $2,000 from the Unexpended Fund Balance Account of the General Fund to Account No. 525-861 for the reasons and purpose indicated in the aforesaid communication A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #829-74 RESOLVED, that the Council does hereby refer to the Mayor the question relative to a proposal made by certain City employees for an increase in the auto mileage presently provided for City personnel for the use of their personal cars while on City business, as well as the alternate proposal for the City to provide City vehicles for such personnel, further, the possible reimbursement to the City for gasoline taxes paid by the aforesaid employees on City business. By Councilman Venturn,seconded by Councilman Bishop, it was #830-74 RESOLVED, that having considered a communication from the Acting City Engineer dated October 2, 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 authorize the transfer of the sum of $300.00 from the Engineering Division's Salary and Wages Account(No. 702) to the Uniform Account (No. 768), as well as authorize the transfer of the sum of $325.00 from the Engineering Division's Salary and Wages Account (No. 702) to the Printing Account (No. 904), the action taken herein being for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES : McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS : None. By Councilman Brown, seconded by Councilman McCann, it was #831-74 RESOLVED, that havirc considered the report and recommendation of the Chief of Police and the Director of Public Safety-Police, dated October 7, 1974, which bears the signature of the Finance Director, and is approved for submission by the Mayor, relative to replacement of a suit 14653 for Patrolman Jesse Bartlett, as a result of an arrest made while off duty on August 8, 1974, the Council does hereby determine to appropriate and authorize the expenditure of the sum of $92.56 from the Unexpended Fund Balance Account for the purpose of making payment of such sum to Patrolman Jesse Bartlett, the action taken herein being for the reasons indicated in the aforesaid communication; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #832-74 RESOLVED, that having considered a communication from the Person- nel Director dated October 9, 1974, which bears the signature of the Finance Director, and is approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on September 24, 1974, with regard to reimbursement of three (3) city employees for eye- glasses which were broken in on-the-job accidents, the Council does hereby determine to appropriate and authorize the expenditure of the sum of $76.44 from the Unexpended Fund Balance Account for the purpose of reimbursing the said employees for their broken eyeglasses, the action taken herein being for the reasons indicated in the aforesaid communication; and the City Clerk and City Treasurer are hereby requested to do all things neces- sary 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, Brown and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #833-74 RESOLVED, that having considered a communication from the City Planner dated October 16, 1974, approved for submission by the Mayor, to which is attached a letter dated October 8, 1974, from Raymond Moriyama, Architects and Planners, requesting payment in the amount of $2,915.11 for services rendered in connection with a feasibility study for the proposed Livonia Administrative Facilities Building, the Council does hereby determine to refer the same to the Mayor for his report and recommendation. By Councilman McCann, seconded by Councilman Raymond, it was #834-74 RESOLVED, that having considered the report and recommendation from the City Engineer dated October 11, 1974, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does 14654 hereby amend Item No. 8 of Council Resolution No. 264-73, adopted on April 4, 1973, and as subsequently amended in Council resolution Nos. 641-73 and 1023-73, so as to reduce the Sidewalk Bond now on deposit with the City for Gold Manor Estates Subdivision to $11,000.00, of which $2,200.00 shall be in cash, further, the financial assurance now on deposit with the City for general improvements shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #835-74 BE IT RESOLVED, that the City of Livonia enter into an agreement with the Board of County Road Commissioners of the County of Wayne, Michigan, relative to the acquisition of right-of-way on Haggerty Road from Five Mile Road to Six Mile Road and Seven Mile Road to Base Line Road in the City of Livonia, Wayne County, Michigan, a copy of said agreement is attached hereto and made a part hereof; BE IT FURTHER RESOLVED, that the Mayor and the City Clerk be and the same are hereby authorized to execute the foregoing agreement for and on behalf of the City of Livonia; AND FURTHER RESOLVED, that the Council does hereby appropriate and authorize the expenditure of the sum of $4,600.00 from the City's Motor Vehicle Highway Fund receipts (Major Roads) for the purpose of covering the City's 40% share of the cost involved for acquiring the said right-of-way, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS • None. By Councilman Bennett, seconded by Councilman Brown, it was #836-74 RESOLVED, that having considered the report and recommendation of the City Engineer dated October 10, 1974, approved by the Director of Public Works, and approved for submission by the Mayor, and which transmits a letter dated October 7, 1974 from the Engineer of Traffic and Safety, Board of Wayne County Road Commissioners, and having considered the neces- sity for the installation of a traffic signal control device to be located at Six Mile Road and Levan Road, the Council does hereby authorize the installation of same; further, the Council having been advised that the 14655 estimated cost of the proposed traffic signal installation is $4,800.00, does hereby approve of the City assuming 50% of the total cost of such installation, and for this purpose does hereby authorize the expenditure of a sum not to exceed $2,400.00 from the City's Motor Vehicle Highway Fund receipts (Major Roads); and further, the City does hereby agree to pay the monthly electrical energy charges for such installation to the Detroit Edison Company upon completion of the installation, it being understood that the County will assume the full cost of maintaining the signal; and the Board of Wayne County Road Commissioners is hereby requested to cause such traffic signal to be installed at the aforesaid location in an expeditious manner, and the City Clerk and the City Treasurer are hereby authorized to do all things necessary to the full performance of this resolution; and the City Clerk is also requested to send a certified copy of this resolution to the Board of Wayne County Road Commissioners to the attention of the Engineer of Traffic and Safety. A roll call vote was taken on the foregoing resolution with the following result• AYES• McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #837-74 RESOLVED, that having considered a petition from certain residents dated October 5, 1974, wherein a request is made for the installation of traffic control signal devices to be located at the intersection of Ann Arbor Trail and Angeline Circle (East), the Council does hereby determine to request that the Engineering Division, the Traffic Commission, and the Joint School-Council Committee submit their respective reports and recom- mendations with regard to this matter; further, the Council requests that the said reports be submitted within a period of thirty (30) days from the effective date of this resolution. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #838-74 RESOLVED, that having considered a petition from certain residents, received on October 14, 1974 by the Office of the City Clerk, with regard to the entrance to and a fence at the Jaycee Park, the Council does hereby determine to refer this matter to the Parks and Recreation Commission for its report and recommendation; further, with regard to alleged traffic problems in the immediate area of the Jaycee Park, the Council requests that the Traffic Commission give consideration to this matter and there- after submit its report and recommendation. L The communication dated October 14, 1974 from the Police Department, with respect to a claim for damages of auto windshield of Mrs. John Zurek (CR-724-74), was received and filed for the information of the Council. 14656 By Councilman Ventura, seconded by Councilman Bishop, it was #839-74 RESOLVED, that having considered a communication from the City Planning Commission dated October 2, 1974, which sets forth its resolu- tion No. 9-191-74, with regard to a request dated August 17, 1974, from E. Louis Schuette, requesting extension of the approval of Petition No. 73-7-2-16, relative to a waiver use approval previously granted in Council Resolution No. 739-73, adopted on September 12, 1973, to rebuild an existing gasoline service station located on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28, the Council does hereby determine to concur in the recommendation of the Planning Commission and to grant the requested extension for a six month period commencing from the effective date of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #840-74 RESOLVED, that having determinedthat it is necessary to ascertain the fair market value of certain property located south of Six Mile Road on the west side of Newburgh Road (proposed branch fire station site) which is 1.38 acres in size, and which site area is situated within the land area owned by the Greenfield Construction Company, the Council does hereby authorize the Department of Law to employ an expert real estate appraiser in order to determine the fair market value of the said property, and further, does hereby appropriate and authorize the expenditure of a sum not to exceed $250.00 from the 1968 Fire Station General Obligation Bond Issue for this purpose; 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 : McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS : None. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was 4841-74 RESOLVED, that having considered a communication from the Mayor dated October 22, 1974, to which is attached a proposed agreement relative to certain computer services to be rendered by the Livonia Public School District to the City of Livonia, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration at a meeting to be conducted on November 19, 1974, at 8:00 P. M. 14657 By Councilman McCann, seconded by Councilman Brown, it was #842-74 RESOLVED, that having conbidered the report and recommendation of the City Engineer dated October 17, 1974, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby authorize and request the City Clerk to make application to the Detroit Edison Company, on forms provided by such company, for the installation of two (2) 400-watt mercury vapor street lights to be placed on wooden poles at the D.P.W. Yard and the Refuse Disposal Site at the locations indicated in the attached drawings, this action being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #843-74 RESOLVED, that having considered a communication from the City Engineer dated October 11, 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, wherein a request is made for an additional salary payment by reason of loss of longevity pay and other fringe benefits for the period October 8, 1973 through October 7, 1974, during which time the City Engineer was on a leave of absence by reason of appointment to the position of Director of Public Works, the Council does hereby deter- mine to authorize such payment in the amount of $600.00 to Mr. G.E. Siemert, and for this purpose appropriates and authorizes the expenditure of the sum of $600.00 from the Salary Accounts of the Engineering Division; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES : McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #844-74 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated September 13, 1974, and the report and recommendation of the Chief of Police dated October 11, 1974, in connection therewith, the Council does hereby approve of the request from Thaddeus E. Pawlowski and Irene L. Pawlowski for transfer of ownership of 1974-75 SDM License from Jule S. Abbosh, Sr., located at 15365 Newburgh Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES : McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. 111.658 By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #845-74 RESOLVED, that having considered a communication from Michael J. Biber of the law firm of Prokop, Biber, Gutman & Frankel dated October 21, 1974, with regard to certain activities of the Livonia Hockey Association, in connection with his clients, Mr. Hugh Larkin III, a minor, and Hugh Larkin, Jr., his parent, the Council does hereby determine to refer the same to the Parks and Recreation Commission for disposition. By Councilman Raymond, seconded by Councilman McCann, it was #846-74 RESOLVED, that having considered a communication from the Person- nel Director dated October 10, 1974, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on September 24, 1974, wherein the Commission did recommend a pay adjustment for the classification of Seasonal Clerk so as to provide the following pay rates: SEASON 1st 2nd 3rd 4th 5th $3.25 $3.40 $3.55 $3.70 $3.85 the Council does hereby determine to concur in and approve of said action. Al roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS : None. By Councilman Raymond, seconded by Councilman McCann, it was #847-74 RESOLVED, that having considered a communication from the Pdrson- nel Director dated September 27, 1974, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on July 30, 1974, wherein the Commission did recommend pay adjustments for various classifications of Sports Officials so as to provide the following pay rates: BASEBALL CLASS CODE PROPOSED RATE Class "G" G $ 5.00 Class "F" F 5.00 "F" Major FM 8.00 Class "E" E 9.00 Class "D" DBB 11.00 Connie Mack Adray DBB 11.00 Rain Out R 1.00 14659 SOFTBALL CLASS CODE PROPOSED RATE Senior Unlimited DU $ 8.50 Slow Pitch SLOP 8.50 Church Unlimited CU 8.50 Church Limited CL 8.50 Women's W 8.50 Girls' Teens GT 5.00 Rain Out R 1.00 the Council does hereby determine to concur in and approve of said action. A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS : None. By Councilman Brown, seconded by Councilman Ventura, it was #848-74 RESOLVED, that having considered a communication from the Person- nel Director dated October 9, 1974, which bears the signature of the Finance Director, is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on August 12, 1974, wherein the Commission did recommend a pay adjustment for the classi- fication of Legal Aide, so as to provide the following salary range: Proposed Range First-year law student $4.00/hr. One-and-a-half-year law student 4.08/hr. Second-year law student 4.16/hr. Third-year law student 4.32/hr. and wherein the Commission having further recommended that the same be retroactive to July 1, 1974, the Council does hereby determine to concur in and approve of the proposed new salary range, but with respect to retroactivity, rejects and denies the same. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was 14660 #849-74 RESOLVED, that having considered a communication from the City Planning Commission dated October 28, 1974, which transmits its Resolution No. 10-220-74, adopted by the Commission on October 22, 1974, with regard to Petition No. 74-10-8-39, submitted by Fred J. Armour for Mario Fallone, requesting site plan approval for a one-story retail sales building with partial basement on property located on the east side of Middlebelt Road between St. Martins and Bretton in Section 1, the Council does hereby determine that pursuant to provisions set forth in Section 18.47 of Ordi- nance No. 543, as amended, to concur in the recommendation of the Planning Commission, and Petition No. 74-10-8-39 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 addition al condition that Rollock Brick Course Arches shall be constructed along the entire length of the north building elevation, and further, that lights be installed inside of each arch at the top so as to reflect on the wall of the building, and that on the south elevation of said building that in lieu of cement block presently shown that the same shall be constructed of shadow block. Motion by Councilman Brown, seconded by Councilman Bishop, to substitute the following resolution in lieu of the foregoing, as follows. RESOLVED, that having considered a communication from the City Planning Commission dated October 28, 1974, which transmits its Resolution No. 10-220-74, adopted by the Commission on October 22, 1974, with regard to Petition No. 74-10-8-39, submitted by Fred J. Armour for Mario Fallone, requesting site plan approval for a one-story retail sales building with partial basement on property located on the east side of Middlebelt Road between St. Martins and Bretton in Section 1, the Council does hereby determine that pursuant to provisions set forth in Section 18.47 of Ordi- nance No. 543, as amended, to concur in the recommendation of the Planning Commission, and Petition No. 74-10-8-39 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 based upon the additional condition that the said structure shall be constructed with full brick on its south side. A roll call vote was taken on the motion to substitute with the following result. AYES: McCann, Bishop and Brown. NAYS• Bennett, Ventura, Raymond and Nash. The President declared the motion to substitute DENIED. A roll call vote was taken on the original resolution with the following result. AYES: Bennett, Ventura, Raymond and Nash. NAYS : McCann, Bishop and Brown. The President declared the resolution adopted. 14661 By Councilman Brown, seconded by Councilman Bennett, it was #850-74 RESOLVED, that having considered a communication from the City Clerk dated October 25, 1974, which indicates that the Taubman Company, Inc., 26250 Northwestern Highway, Southfield, Michigan, proprietor of the Plymouth Road Industrial Subdivision (formerly Taubman Industrial Subdivi- sion) situated north of Plymouth Road between Middlebelt and Merriman Roads in the Southwest 1/4 of Section 26, has delivered final true plats to the City Clerk and requested that the said plat be presented to Council for final approval; and the Council having received a communication from the City Planning Commission dated October 23, 1974, wherein said Commission approves the final plat for the said subdivision in its Resolution No. 9-199-74; and the Council having considered a report from the City Engineer dated September 12, 1974, indicating that substantial compliance has been made with the conditions upon which the preliminary plat was approved by the Council in its Resolution No. 148-73, adopted on February 21, 1973, as amended, said preliminary plat having been recommended for approval by the City Planning Commission on December 19, 1972, in its Resolution No. 12-343-72; now, therefore, the Council does hereby determine to grant its approval to the Final Plat of Plymouth Road Industrial Subdivision (former- ly Taubman Industrial Subdivision), located in the Southwest 1/4of Section 26, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things neces- sary 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, Brown and Nash. NAYS: None. *Councilman Nash was excused at 9:00 p. m. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #851-74 RESOLVED, that the Council having considered a communication dated October 17, 1974, from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street light- ing with underground wiring shall be provided in all subdivisions in conform- ity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improve- ment with regard to Madonna Estates Subdivision No. 3, located in the Southeast 1/4 of Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public auth- orities, the number of parcels which are vacant, and having prepared and 14662 caused to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obliga- tion of the City, the number of installments in which assessments may be paid and the lands which sould be included in the proposed special assess- ment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of October 25, 1974 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, December 16, 1974 at 8.00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby auth- orized to give notice and publication of such hearing as is required by Section 2-507 of said Code. *Councilman Nash returned at 9.01 p. m. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #852-74 RESOLVED, that the Council having considered a communication received by the Office of the City Clerk on October 22, 1974, from the City Engineer, approved by the Director of Public Works and approved for submis- sion by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to St. Mary Estates Subdivision located in the Southeast 1/4 of Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared, plans and specifi- cations therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assesment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recom- mendations have been properly filed by the City Engineer with the City Clerk under date of October 22, 1974 and that there has been a full compli- ance with all of the provisions of Section 2-5C6 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, December 16, 1974 at 8:00 P. M. as the date and time for a Public Hearing on the NECES- SITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michi- gan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publica- tion of such hearing as is required by Section 2-507 of said Code. 14663 LBy Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #853-74 RESOLVED, that having considered a communication dated October 16, 1974 from William N. Ponder, Attorney, which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on October 15, 1974, by the City Planning Commission in its Resolution No. 10-206-74, with regard to Petition No. 73-11-8-48P, requesting approval of a sign design plan submitted by Bruce E. Pennell, requesting approval of all plans required by Section 18.58 for a proposal to construct an addition to an existing building and remove two existing buildings located on the south side of Six Mile Road, east of Middlebelt Road in Section 13, the Council does hereby designate Monday, December 16, 1974 at 8:00 P. M. for conduct- ing 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 hearing 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. By Councilman Ventura, seconded by Councilman McCann, it was #854-74 RESOLVED, that having considered a communication dated August 26, L 1974, from the City Planning Commission, which sets forth its Resolution No. 8-159-74, with regard to Petition No. 74-6-1-15, submitted by Ager Building Company, for a change of zoning on property located between Farmington Road and Filmore, north of Curtis Avenue in the Northeast 1/4 of Section 9, from R-3 to R-8, and the Council having conducted a public hearing with regard to this matter on October 21, 1974, pursuant to Council Resolution No. 696-74, the Council does hereby reject the recom- mendation of the Planning Commission and the said Petition No. 74-6-1-15 is hereby denied for the following reasons• (1) The proposed zoning change would be detrimental to the surrounding and established uses of the area. (2) The proposed zoning change would not provide for the orderly growth and development of the surrounding area. (3) The proposed zoning change will provide for an increase in intensity of use thereby burdening the public utilities and roads in the area which, in the case of Curtis Road, is unimproved and not capable of handling an increase in traffic generation. (4) The abutting roads of Curtis and Filmore are not improved to such an extent so as to accommodate an increase in intensity of use other than single-family residential. A roll call vote was taken on the foregoing resolution with the following result- I. AYES: McCann, Bennett, Bishop, Ventura, Raymond, Brown and Nash. NAYS: None. 14664 LBy Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #855-74 RESOLVED, that the Council does hereby request that the Traffic Commission and the Police Division submit their respective report and recommendations relative to such traffic problems and alleviation of same as may exist in the area of Farmington Road and Curtis. The items on the Agenda with respect to Employee Contracts for the Livonia Municipal Confidential Secretaries' Association and the Livonia Fire Fighters' Association, were removed, and will be considered at the next Regular Meeting to be conducted on November 20, 1974. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 34 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMEINdDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE' Petition No. L 74-5-1-11 FOR CHANGE OF ZONING FROM R-1 AND R-7 TO P.L. 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 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. 74-5-1-10 FOR CHANGE OF ZONING FROM RUF TO PL The foregoing Ordinance, when adopted, is filed in the office of the City Clerk and Lis 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. 14665 *Councilman Nash was excused at 9.29 p. m. and Vice-President Brown assumed the Chair. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #856-74 RESOLVED, that having considered a communication from the Depart- ment of Law dated October 21, 1974, and submitted pursuant to Council Resolution No. 504-74, and to which is attached a communication from the Human Relations Commission, dated October 19, 1974, and which transmits a proposed Physical Limitation Discrimination Ordinance, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. By Councilman Bishop, seconded by Councilman Ventura, it was #857-74 RESOLVED, that having considered a communication dated October 22, 1974 from the Department of Law which transmits for acceptance two Grants of Easements secured in connection with council resolution #725-74 which Grants are more particularly described as 1. Grant of Easement executed on October 16, 1974 by Lester A. Nelson Jr. and Elizabeth Nelson, his wife, granting to the City. The South 2 feet of lot 237, Buckingham Village Subdivision #2, as recorded in Liber 80, pages 37 and 38, Wayne County Records. Said subdivision being a part of the Southeast 1/4 of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (storm sewer installation) 2. Grant of Easement executed on October 16, 1974 Donald J. Chartrand and Ina M. Chartrand, his wife, granting to the City. The North 6 feet of lot 236, Buckingham Village Subdivision #2, as recorded in Liber 80, pages 37 and 38, Wayne County Records. Said subdivision being a part of the Southeast 1/4 of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (storm sewer installation) the Council does hereby for and on behalf of the City of Livonia accept the aforesaid two Grants of Easements and the City Clerk is hereby request- ed 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 : McCann, Bennett, Bishop, Ventura, Raymond and Brown. NAYS: None. 14666 By Councilman Bishop, seconded by Councilman Ventura, it was L #858-74 RESOLVED, that having considered a communication from the Depart- ment of Law dated October 25, 1974 transmitting for Council acceptance a Grant of Easement executed on October 22, 1974 by George A. DeDecker and Julia E. DeDecker, his wife, granting Easement Description The easterly most 20" of the following described parcel. A part of the S. E. 1/4 of Section 14, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, beginning due West 183 feet and N. 0° 10' 37" W. 60 feet from the Southeast corner of Section 14, thence due West 27.04 feet; thence N. 0° 10' 37" West 150 feet, thence due East 150 feet; thence S. 0° 13' East 67 feet, thence due West 123 Feet, thence S. 0° 13' East 83 feet to the point of beginning. (Bureau of Taxation parcel 14Z2alalb) the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or 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 9.32 p. m. By Councilman McCann, seconded by Councilman Bennett, it was #859-74 RESOLVED, that having considered a communication dated October 15, 1974 from the Department of Law transmitting for Council acceptance the following: 1. Order Relinquishing Jurisdiction of the Livonia Drain No. 17 Extension and Branch Drainage District to the City of Livonia, Wayne County, Michigan, executed on September 20, 1974 by Charles N. Youngblood, Wayne County Drain Commissioner, and 2. Assignment of Grantee's Interest in Easement executed by the Livonia Drain No. 17 Extension and Branch, a Body Corporation, by its chairman, Charles N. Youngblood, assigning to the City of Livonia, Michigan, a certain easement dated October 1, 1970 and executed between Detroit Racing Association, Inc., a Michigan Corporation, as Grantors, and the Livonia Drain No. 17 Extension and Branch Drainage District, as Grantees, and registered in Liber 17912, Page 618-620, Wayne County Records, Wayne County, Michigan; and 14667 3. Assignment of Grantee's Interest in Easement executed by the Livonia Drain No. 17 Extension and Branch Drainage District, a Body Corporate, by its chairman, Charles N. Youngblood, assigning to the City of Livonia, Michigan, a certain easement dated May 25, 1971 and executed between Oxford Building Company, a Michigan Corporation, as Grantors, and the Livonia Drain No. 17 Extension and Branch Drainage District, as Grantees, and registered in Liber 17749, Page 412-414, Wayne County Records, Wayne County, Michigan; and 4. Assignment of Grantee's Interest in Easement executed by the Livonia Drain No. 17 Extension and Branch Drainage District, a Body Corporate, by its chairman, Charles N. Youngblood, assigning to the City of Livonia, Michigan, a certain easement dated October 16, 1970 and executed between Charles Neil Heaton and Inga Jan Heaton, his wife, as Grantors, and the Livonia Drain No. 17 Extension and Branch Drainage District, as Grantees, and registered in Liber 17619, Page 109 - 111, Wayne County Records, Wayne County, Michigan; and 5. Assignment of Grantee's Interest in Easement executed by the Livonia Drain No. 17 Extension and Branch Drainage District, a Body Corporate, by its chairman Charles N. Youngblood, assigning to the City of Livonia, Michigan, a certain easement dated nctober 16, 1970 executed between Walter Kochanek and Josephine Kochanek, his wife, as Grantors, and the Livonia Drain No. 17 Extension and Branch Drainage District, as Grantees, and registered in Liber 17619, Page 85 - 87, Wayne County Records, Wayne County, Michigan, 6. Assignment of Grantee's Interest in Easement executed by the Livonia Drain No. 17 Extension and Branch Drainage District, a Body Corporation, by its chairman Charles N. Youngblood, assigning to the City of Livonia, Michigan, a certain easement dated October 6, 1970 executed between Orville C. Keller and Evelyn R. Keller, his wife, as Grantors, and the Livonia Drain No. 17 Extension and Branch Drainage District, as Grantees, and registered in Liber 17619, Page 79 - 81, Wayne County Records, Wayne County, Michigan; and 7. Assignment of Grantee's Interest in Easement executed by the Livonia Drain No. 17 Extension and Branch Drainage District, a Body Corporation, by its chairman, Charles N. Youngblood, asigning to the City of Livonia, Michigan, a certain easement dated January 27, 1970 executed between The Livonia Industrial Development Corporation, a Michigan Non=profit Corporation, as Grantors, and the Livonia Drain no. 17 Extension,and Branch Drainage District, as Grantees and registered in Liber 17625, Page 632-633, Wayne County Records, Wayne County, Michigan, and 14668 8. Assignment of Grantee's Interest in Easement executed by the Livonia Drain No. 17 Extension and Branch Drainage District, a Body Corporate, by its chairman, Charles N. Youngblood, assigning to the City of Livonia, Michigan, a certain easement dated January 27, 1970 executed between The Livonia Industrial Development Corporation, a Michigan Non-Profit Corporation, as Grantors, and the Livonia Drain No. 17 Extension and Branch Drainage District, as Grantees, and registered in Liber 17625, Page 630-631, Wayne County Records, Wayne County, Michigan; said Assignments all being dated September 27, 1974, the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Order and Assignments 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: McCann, Bennett, Bishop, Ventura, Raymond, Nash and Brown. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #86o-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 Nash, seconded by Councilman Raymond, it was #861-74 RESOLVED, that having considered a communication from the Mayor dated November 1, 1974, to which is attached a communication from the Livonia Historical Commission, concerning purchase and acquisition of two historical buildings (the D.U.R. depot and general store), the Council does hereby determine to appropriate and authorize the expenditure of a sum not to exceed $5,200.00 from Federal Revnue Sharing Funds for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Bishop, Ventura, Raymond, Nash and Brown. NAYS: None. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, this 797th regular meeting of the Council of the City of Livonia was duly adjourned at 9:50 p. m., November 6, 1974. ADDISON 'w :& i► City Clerk.