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HomeMy WebLinkAboutCOUNCIL MINUTES 1974-12-18 1471w MINUTES OF THE EIGHT HUNDREDTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 18, 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 8:02 P. M. . Councilman Ventura delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Peter A. Ventura, Robert R. Bishop, Jerry Raymond, Jerry H. Brown, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney; Jack Dodge, Finance Director, G. E. Siemert, City Engineer; John Bunk, Fire Chief; John T. Dufour, Superintendent of Parks and Recrea- tion; Theodor Krauss, Civil Service Department, and Michael Reiser of the Water and Sewer Board. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #932-74 RESOLVED, that the minutes of the 799th regular meeting of the Council of the City of Livonia, held December 11, 1974, are hereby approved. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #933-74 RESOLVED, that the minutes of the 156th special meeting of the Council of the City of Livonia, held December 18, 1974, are hereby approved. The following resolution was unanimously introduced, supported and adopted: #934-74 WHEREAS, funds received by the City of Livonia pursuant to the State and Local Fiscal Assistance Act of 1972 (The Federal Revenue Sharing Act) are an integral part of this City's general budget, and WHEREAS, continuation of the Federal Revenue Sharing Program is absolutely essential in order for this City to provide for its own needs and the services it provides to its citizens; 1471$ NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Livonia joins with Mayor Edward H. McNamara in taking this means to endorse legislation which would extend the Federal Revenue Sharing Act beyond its expiration date of December 31, 1976, and does further respectfully request that Senators Philip A. Hart and Robert P. Griffin and Congressmen Marvin L. Esch and William D. Ford support the enactment of such legislation which is so vital in providing cities with sufficient revenues in order to help them solve their ever-mounting problems. Councilman McCann gave second reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 8, CHAPTER 2 (MISDEMEANORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTION 8-257 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Bishop, seconded by Councilman McCann, it was RESOLVED, that having considered the report and recommendation of the Director of Civil Defense dated November 6, 1974, approved by the Finance Director, and approved for submission by the Mayor, as well as the communication dated December 16, 1974 from the Director of Civil Defense, with respect to the acceptance of a bid for a Van-Type Emergency Vehicle, the Council does hereby determine to table this matter to the second Study Session of the Council to be conducted in January 1975. A roll call vote was taken on the motion to table with the following result. AYES: Brown, McCann and Bishop. NAYS: Ventura, Raymond, Bennett and Nash. The President declared the motion to table DENIED. By Councilman Ventura, seconded by Councilman Bennett, it was RESOLVED, that having considered the report and recommendation of the Director of Civil Defense dated November 6, 1974, approved by the Finance Director, and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Tennyson Chevrolet, Incorporat- L ed, 32570 Plymouth Road, Livonia, Michigan, for supplying the City (Office of Civil Defense) with a Van-Type Emergency Vehichle for the price of $5,495.31, the same having been in fact the lowest and only bid received 14719 for this item, further, the Council does hereby appropriate and authorize the expenditure of the sum of $5,495.31 from the Unexpended Fund Balance Account of the 1973-1974 budget for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incident- al to the full performance of this resolution. By Councilman Bennett, seconded by Councilman Brown, it was #935-74 RESOLVED, that having considered the report and recommendation of the Director of Civil Defense dated November 6, 1974, approved by the Finance Director, and approved for submission by the Mayor, as well as the communication dated December 16, 1974 from the Director of Civil Defense, with respect to the acceptance of a bid for a Van-Type Emergency Vehicle, the Council does hereby determine to refer this matter to the Study Session of the Council to be conducted on January 13, 1975. A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, McCann, Bennett and Bishop. NAYS: Ventura, Raymond and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bishop, and unanimously Ladopted, it was #936-74 RESOLVED, that having considered the report and recommendation of the Director of Public Works dated November 21, 1974, approved for submis- sion by the Mayor, the Council does hereby authorize the Engineering Divi- sion, together with the Finance Director, to do all things necessary to prepare plans and specifications and thereafter obtain bids for installa- tion of a gate and additional fencing at the City's Sanitary Landfill Site, as recommended in the aforesaid communication, in accordance with provisions set forth in the Financial Ordinance, the same to thereafter be submitted to Council for its consideration. By Councilman Ventura, seconded by Councilman McCann, it was RESOLVED, that having considered the report and recommendation from the Mayor dated November 27, 1974, submitted pursuant to Council resol- ution No. 833-74, in connection with a communication from the City Planner dated October 16, 1974, 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 service rendered in connection with a feasi- bility study for the proposed Livonia Administrative Facilities Building, the Council does hereby determine to concur in the recommendation of the Mayor, and the said request for payment is hereby denied. By Councilman Bennett, seconded by Councilman Raymond, it was 14720 #937-74 RESOLVED, that having considered the report and recommendation from the Mayor dated November 27, 1974, submitted pursuant to Council resolution No. 833-74, in connection with a communication from the City Planner dated October 16, 1974, 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 service rendered in connection with a feasibility study for the proposed Livonia Administrative Facilities Building, the Council does hereby determine to refer this matter to the Finance Committee for its report and recommendation; and it does further request that the said Raymond Moriyama, Architects and Planners, submit a Bill of Particulars in support of their request for payment and further consideration by the City Council. A roll call vote was taken on the foregoing resolution with the following result• AYES• Ventura, Raymond, Brown, McCann, Bennett and Bishop. NAYS: Nash. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Brown, it was #938-74 RESOLVED, that the Council does hereby request that the Mayor and the Administrative Office Study Committee give further consideration for the preparation of plans for the construction of an Administrative Facilities Building in view of the possibility that in the near future funds may become available for this purpose as part of any future Federal Public Work programs. A roll call vote was taken on the foregoing resolution with the following result AYES• Raymond, Brown, Bishop and Nash. NAYS: Ventura, McCann and Bennett. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #939-74 RESOLVED, that the matter set forth in Council resolution #938-74, with respect to the possible preparation of plans for the construction of an Administrative Facilities Building, is hereby referred to the Capital Improvement Committee for its report and recommendation. By Councilman McCann, seconded by Councilman Brown, it was #940-74 RESOLVED, that having considered the report and recommendation dated October 21, 1974, from the City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does 14721 hereby authorize the release to the proprietor of the St. Mary Estates Subdivision the Financial Assurances previously deposited with respect to the General Improvement Bond, deposited with the City in accordance with Council resolution No. 764-74, adopted on October 9, 1974, which previously reduced such financial assurances to $89,353.00, to guarantee the City's installation of improvements in the St. Mary Estates Subdivision; and further, the financial assurances now on deposit with the City for sidewalk improvements shall remain the same and unchanged, it appearing from the aforementioned report from the City Engineer that all required improvements have been satisfactorily installed in accordance with the rules and regula- tions and ordinances of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS• None. By Councilman McCann, seconded by Councilman Brown, it was #941-74 RESOLVED, that having considered the report and recommendation dated November 15,1974, from the City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of the Tiffany Park Subdivi- sion No. 5 the Financial Assurances previously deposited with respect to the Sidewalk Bond, deposited with the City in accordance with Council resolution No. 1225-69, adopted on November 3, 1969, and as subsequently thereafter reduced by Council resolution Nos. 724-72 and 29-73 to the amount of $2,000.00 cash, to guarantee the City's installation of Sidewalk improvements in Tiffany Park Subdivision No. 5, it appearing from the afore- mentioned report of the City Engineer that all required sidewalk improve- ments have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #942-74 RESOLVED, that having considered the report and recommendation dated November 15, 1974, from the City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of the Tiffany Park Subdivi- sion No. 4 the financial assurances previously deposited with respect to the General Improvement Bond and Sidewalk Bond, deposited with the City in 14722. accordance with Council resolution No. 521-69 adopted on May 14, 1969, and lis as subsequently reduced by Council resolution Nos. 1031-69, 573-71, 1066-71,32-72, and 208-72, each to the amount of $1,000.00 cash, to guarantee the City's installation of improvements in Tiffany Park Subdivi- sion No. 4, it appearing from the aforesaid report of the City Engineer that all required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result• AYES• Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS. None. By Councilman Brown, seconded by Councilman Bishop, it was #943-74 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 25, 1974, approved by the Director of Public Works, and approved for submission by the Mayor, and submitted pursuant to Council Resolution No. 721-74, in connection with a communica- tion from Estelle Kadish dated September 4, 1974, to which is attached a petition from certain residents on Hillcrest Avenue, wherein a request is made for the installation of an additional street light to be installed on the south side of Seven Mile Road at the intersection of Hillcrest Avenue, 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 a street light of suitable lumen strength at the said location in the City of Livonia, Michigan, it being the determination of the Council that such lighting is required in order to protect the public safety of the residents of the community. A roll call vote was taken on the foregoing resolution with the following result• AYES• Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS• None. By Councilman Bennett, seconded by Councilman McCann, it was #944-74 RESOLVED, that having considered a communication from the Person- nel Director dated November 25, 1974, which bears the signature ofthe Finance Director, and is approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on November 5, 1974, wherein a request is made for an appropriation in the amount of $600.00 for the purchase and installation of movable office partitions and acoustical ceiling tile for the office of the Civil Service Commission, the Council does hereby determine to appropriate and authorize the transfer of the sum of $600.00 from the Unexpended Fund Balance Account to Capital Outlay Account No. 220-970 for this purpose. 14723: A roll call vote was taken on the foregoing resolution with the following result AYES. Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS• None. By Councilman McCann, seconded by Councilman Bishop, it was #945-74 RESOLVED, that having considered a communication dated December 2, 1974 from the Michigan Liquor Control Commission, with regard to an application from Continental Restaurant Systems, Inc., James R. Barnett, Attorney and Real Estate Manager, 3915 Fifteenth Street D, Moline, Illinois, for a new full-year Class C License to be located on Middlebelt Road, Livonia, Michigan, the Council does hereby determine to refer the same to its Committee of the Whole for its consideration along with all such other applications. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Brown, McCann, Bishop and Nash. NAYS• *Ventura and Bennett. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'no' vote is cast because I feel that the petitioner should have the opportunity to appear before the Council to present their plans for the requested license. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was #946-74 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the months of January and February, 1975 Wednesday, January 8, 1975, Wednesday, January 22, 1975, Wednesday, February 5, 1975, Wednesday, February 19, 1975. By Councilman Raymond, seconded by Councilman Brown, and unanimously adopted, it was #947-74 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. 14724 By Councilman Bishop, seconded by Councilman Brown, it was #948-74 RESOLVED, that having considered the report and recommendation of the City Engineer dated November 20, 1974, approved by the Director of Public Works and the Finance Director, and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor (Kissell Company, Springfield, Ohio) of the following subdivisions, the Financial Assurances previously deposited with respect to General Improve- ment Bonds, Sidewalk Bonds and Cash Deposits held in escrow, and specifi- cally in this regard the release of a Cash Deposit in the amount of $452.20, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed in accordance with the rules and regulations and Ordinances of the City of Livonia• 1) Denmar Estates Subdivision--General Improvement and Sidewalk Bonds previously released in Council Resolution No. 130-70, $2,500 cash held in escrow for ditch mainten- ance and cleanup. 2) Judson Gardens Subdivision--General Improvement and Sidewalk Bonds previously released in Council Resolution No. 1062-67, $2,500 held in escrow for ditch maintenance certified for release by the City Engineer by communica- tion dated October 13, 1969, and $400 cash bond retained for sodding Westbrook Island. 3) Judson Gardens Subdivision No. 2--General Improvement Bond released in Council Resolution No. 902-68 and Sidewalk Bond reduced to $500 in cash in Council Resolution No. 1216-69. 4) Judson Gardens Subdivision No. 3--General Improvement Bond released in Council Resolution No. 1286-67 and Sidewalk Bond released in Council Resolution No. 1217-69. 5) Judson Gardens Subdivision No. 4--General Improvement Bond released in Council Resolution No. 1338669 and Sidewalk Bond reduced to $8,000 of which $2,000 shall be in cash in Council Resolution No. 285-71. 6) Renwick Park Subdivision--General Improvement and Sidewalk Bonds released in Council Resolution No. 1084-67. 7) Renwick Park Subdivision No. 2--General Improvement Bond released in Council Resolution No. 1287-67 and Sidewalk Bond released in Council Resolution No. 901-68, cash deposit of $1,000 held in escrow for general cleanup certified for release by City Engineer by communication dated October 13, 1969; further, the Council does hereby amend and revise Council Resolution No. 875-73 so as to authorize the transfer of the sum of $844.20 from the proprietor's Cash Bond to the General Fund to cover the City's cost for 14725 having the sidewalk installed between Lots 218 and 219 of Judson Gardens Subdivision No. 4, in lieu of the previously authorized sum for this purpose of $1,000, and further, the Council authorizes payment in the amount of $456 to the New Hudson Fence Company for the installation of 260 feet of split rail fencing adjacent to the aforesaid sidewalk, the same to be made in lieu of the $456 payment previously authorized in Council resolu- tion No. 875-73 to the Crown Fence Company, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #949-74 RESOLVED, that having considered a communication dated October 1, 1974 from the City Planning Commission, which sets forth its Resolution No. 9-180-74, with regard to Petition No. 74-8-1-22, submitted by Fred Armour for George R. Shamie, Jr., for a change of zoning on property located at the southwest corner of Seven Mile Road and Brentwood in Section 12, from R-1 and RUF to P.S., and the Council having conducted a public hearing with regard to this matter on December 16, 1974, pursuant to Council Resolution No. 817-74, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 74-8-1-22 is hereby approved and granted, and the City Planner is hereby instructed to cause the neces- sary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS None. By Councilman Bishop, seconded by Councilman Brown, and unanimously adopted, it was #950-74 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 (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, February 3, 1975 at 8 00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item Petition No. 74-7-1-21 submitted by Greenfield Construction Company, requesting the rezoning of property located on the west side of Newburgh Road on the north and south sides of Six Mile Road in the Southeast 1/4 of Section 7 and the North- east 1/4 of Section 18 in the following manner 14726 Parcel A - from R5-C and RE to R-7, Parcel B - from R5-C, RE and PO to R8-III; Parcel C - from RE to R9-III, Parcel D - from RE, PO and C-4 to PO-II, Parcel E - from RE and C-4 to C4-II, Parcel F - from R5-C, C-4 and PO to C-2 (excepting that portion already zoned C-2) ; Parcel G - from C-4 to C4-I; Parcel H - from C-4 to P.S. (excepting that portion already zoned P.S.), Parcel I - from C-4 and R3-B to R-7, and Parcel J - from C-4 and R3-B to R8-I, The City Planning Commission having in its Resolution No. 12-246-74 recommended to the City Council that Petition No. 74-7-1-21 be approved as amended by the deletion of the south 258.15' of Parcel I which is to remain in the R-3 zoning classification; 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 amendment to the Zoning Ordinance, and (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Bennett, seconded by Councilman Raymond, it was #951-74 RESOLVED, that having considered a communication from the Person- nel Director dated December 18, 1974, which transmits resolutions adopted by the Civil Service Commission on December 17, 1974, with respect to declarations required to be made by the City of Livonia, pursuant to 1974 amendments to the Fair Labor Standards Act, and wherein the Commission did make the following determinations: 1) that the tour of duty for Law Enforcement Personnel for the Police Department shall be a 14-day cycle for the year January 1, 1975 through December 31, 1975, 2) that the tour of duty for Fire Department employees shall be a L. 24-day cycle for the year January 1, 1975 through December 31, 1975, 14727 3) that the following classifications in the classified Civil Service are determined to be exempt from the meaning and application of the Fair Labor Standards Act: Chief Librarian Assistant City Engineer City Engineer Assistant to the Superintendent Fire Chief of Operations Industrial Development Assistant Superintendent of Coordinator Operations Mgr. of Systems and Data Assistant Superintendent of Processing Parks and Forestry Personnel Analyst II Assistant Superintendent of Personnel Analyst III (Associate Parks and Recreation Personnel Director) Assistant Planning Director Personnel Director Budget Analyst Planning Director Budget Director Chief Probation Officer Chief Accountant Public Utility Manager Chief Assistant City Attorney Superintendent of Operations Chief Building Inspector Superintendent of Parks and Assistant Chief Building Insp. Recreation Accountant I Police Chief Accountant II Assistant Chief Accountant Accountant III Assistant City Assessor Adm. Assistant to Mayor Assistant City Attorney I Assistant Branch Librarian III Assistant City Attorney II Branch Librarian Assistant City Attorney III Civil Engineer I (Jr.Project Civil Engineer II(Sr. Proj Eng.) Engineer) Civil Engineer III (Assoc. City Planner IV (Associate Planning Engineer) Director) Librarian I Probation Officer III Librarian II System Analyst II Personal Property Auditor Administrative Asst.to Council Personnel Analyst I Athletic Supervisor Planner I Central Records Supervisor Planner II City Communications Supervisor Planner III General Supervisor and further, that classifications which are listed in Agreements between the City of Livonia and the following employee organizations are determined to be non-exempt within the meaning of the Fair Labor Standards Act Union Local 192, American Federation of State, County and Municipal Employees Livonia Police Officers Association Livonia Police Lieutenants and Sergeants Association Livonia Fire Fighters Association Livonia Municipal Confidential Secretaries Association further, that all classifications determined by the Civil Service Commis- sion to be supervisory, seasonal or temporary are non-exempt within the meaning of the Fair Labor Standards Act, The Council does hereby determine to concur in and approve of the aforesaid determinations and the action taken herein. 1472$ A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS• None. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was #952-74 RESOLVED, that the Council does hereby request that the Police Chief and the Fire Chief do all things necessary, commencing January 1, 1975, to disapprove and discontinue such outside employment by police and fire personnel which could be considered as constituting "joint employment" and thereby result in the City incurring liability for payment of overtime in accordance with the provisions of the Fair Labor Standards Act, as amended in 1974, further, the Council does hereby request that the Police and Fire Chiefs submit their respective reports to Council relative to the present status of this matter. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #953-74 RESOLVED, that the Council does hereby request the Department of Law to prepare for submission to Council, an amendment to the Livonia Code of Ordinances which would require that motor trucks operating on City streets, with a gross weight of 8,000 pounds or more, must have a permit from the City of Livonia and in this regard, a $5.00 fee per vehicle be prescribed. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, this 800th Regular Meeting of the Council of the City of Livonia, was duly adjourned at 9:00 P. M., December 18, 1974. ADDISON W. BACO(City le .