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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-03-07 13566 L MINUTES OF THE SEVEN HUNDRED FIFTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 7, 1973, 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 8:05 P. M. . Councilman Milligan delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, 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; John Bunk, Fire Chief; Rudolf Kleinert, Director of Public Safety-Fire; John T. Dufour, Superintendent of Parks and Recreation, Daniel Gilmartin, Industrial Coordinator; G. E. Siemert, City LEngineer; Frank Kerby, Chief Building Inspector; Jack Dodge, Budget Director; Stanley Bien, Chief Librarian; Robert Biga, Civil Service Department; Thomas Griffiths, Jr., Chief Accountant; Michael Reiser, Water and Sewer Board; Joseph Falk, Planning Com- mission; and John Gibbons of the Housing Commission. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #169-73 RESOLVED, that the minutes of the 754th regular meeting of the Council of the City of Livonia, held February 21, 1973, are hereby approved. By Councilman Milligan, seconded by Councilman Raymond, it was #170-73 WHEREAS, by resolution adopted March 11, 1967, No. 284-67, as amended,the City Council did authorize issuance and sale of City of Livonia, Michigan, Industrial Development Revenue Bonds (Allied Super- markets, Inc.) Series A, in the amount of Thirty-Three Million ($33,000,000,,00) Dollars; and LWHEREAS, by resolution adopted by the City Council on June 28, 1967, No. 696-67, the City Council did approve and authorize the execu- tion of a certain mortgage and indenture of trust to secure said bonds, and 13567 lin WHEREAS, said bonds have been issued, sold and delivered to the purchaser thereof; and WHEREAS, Section 209 of said mortgage and indenture of trust provides as follows: "Section 209. Mutilated, Lost, Stolen or Destroyed Bonds or Coupons. In the event any Bond is multilated, lost, stolen or destroyed, the City may execute and the Trustee may authenticate a new Bond of like date, number, maturity and denomination as that mutilated, lost, stolen or destroyed, which new Bond shall have attached thereto coupons cor- responding in all respects to those (if any) on the Bond mutilated, lost, stolen or destroyed; provided that, in the case of any mutilated Bond, such mutilated Bond together with all coupons (if any) appertaining thereto, shall first be surrendered to the City, and in the case of any lost, stolen or destroyed Bond, there shall be first furnished to the City and the Trustee evidence of such loss, theft or destruction satis- factory to the City and the Trustee, together with indemnity satisfactory to them. In the event any such Bond or coupon shall have matured, instead of issuing a duplicate Bond or coupon the City may pay the same without surrender thereof. The City and the Trustee may charge the holder or owner of such Bond with their reasonable fees and expenses in this con- nection. The foregoing provisions shall be exclusive, notwithstanding any law or statute existing or hereinafter enacted to the contrary." ; and WHEREAS, the City Clerk has been advised that Ruby Clintine Wilber, Cincinnati, Ohio in an affidavit reports did mail the interest coupon on the above bond issue due April 1, 1997 for Bond No.ACTF6404, said coupon being in the amount of One Hundred Fifty Dollars, as having been stolen, and which coupon has never arrived at the Franklin National Bank, the Paying Agent, and is lost; and WHEREAS, the City is authorized to make payment for said lost interest coupons under Section 209 of the mortgage and indenture of trust; and WHEREAS, subject to the provisions of this resolution the City Council deems it advisable and necessary to make provisions for the pay- ment of said coupons as authorized by the aforesaid mortgage and indenture of trust; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Clerk is hereby authorized and directed for and on behalf of the City of Livonia to make the necessary arrangements with Franklin National Bank, New York, New York, for the payment of and to pay said interest coupons without the surrender thereof and without issuing duplicate interest coupons to the United States National Bank, Omaha, Nebraska, said payment to be made only, however, from funds in the Bond Fund established pursuant to the aforesaid mortgage and indenture of trust and subject to Paragraph 2 of this resolution. 13568 2. The said interest coupons shall not be paid as required by Paragraph 1 of this resolution unless and until (a) Ruby Clintine Wilber, Cincinnati, Ohio provides evidence of ownership of said coupons and evidence of loss of said coupons satisfactory to the City Clerk, the City Attorney, Miller, Canfield, Paddock and Stone, counsel for Allied Super- markets, Inc., and the trustee, Franklin National Bank, and (b) Ruby Clintine Wilber, Cincinnati, Ohio provides a lost security bond or other indemnity satisfactory in form, amount and substance to the City Clerk, the City Attorney, Miller, Canfield, Paddock and Stone, counsel for Allied Supermarkets, Inc., and the trustee, Franklin National Bank, to fully protect the City, the Trustee and Allied Supermarkets, Inc., against any loss that may be occasioned to any or all of them from the payment of said interest coupons. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7-105 OF ARTICLE 1 OF CHAPTER 1 (BUILDING CODES) OF TITLE 7 OF THE LIVONIA CODE OF ORDI- NANCES, AS AMENDED, OF THE CITY OF LI VONIA. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY REPEALING SECTION 8-219, SECTION 8-220 AND SECTION 8-221 THEREOF. 13569 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8-218 OF CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #171-73 RESOLVED, that the Council does hereby request the Department of Law to submit an amendment to Section 8-218(e) as set forth in Ordinance No. 1058 so as to provide a definition of terms (i.e."obscene", "shock"). By Councilman McCann, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication from the Chief Librarian and the Budget Director dated February 20, 1973, approved for submission by the Mayor, and which also contains resolution No. 4-73 adopted by the Library Commission on February 19, 1973, the Council does hereby accept the bid of Sears, Roebuck & Company, 7601 Second Avenue, Detroit, Michigan, for supplying the City with carpeting to be installed at the Carl Sandburg Library for the price of 55,746.80, the same having been in fact the lowest bid meeting specifications for this item; further, that the sum of $5,746.80 is hereby authorized to be expended from the Federal Revenue Funds for this purpose; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution; and the Council does hereby rescind Council resolution No. 1091-72, adopted on December 13, 1972. 13570 By Councilman Milligan, seconded by Councilman Bennett, it was #172-73 RESOLVED, that having considered a communication from the Chief Librarian and the Budget Director dated February 20, 1973, approved for submission by the Mayor, and which also contains resolution No. 4-73 adopted by the Library Commission on February 19, 1973, with respect to the acceptance of bids for carpeting to be installed at the Carl Sandburg Library, the Council does hereby determine to refer this matter to the Study Session to be conducted on March 12, 1973. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Bennett, Brown and Ventura. NAYS: McCann, Raymond and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann, it was #173-73 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated February 20, 1973, approved for submission by the Mayor and the Budget Director, the Council does hereby accept the bid of B. J. Ratigan Chrysler-Plymouth, Inc., 30777 Plymouth Road, Livonia, Michigan, for supplying the City with ten marked Police vehicles and one unmarked Police vehicle for the unit price of $3,183.00, (Total $26,859.00), the same having been in fact the lowest bid meeting specifications for this item; further, the Council does hereby authorize the expenditure of the sum of $24,417.00 from the Patrol Bureau Capital. Outlay Account No. 325-970 and $2,442.00 from the Special Services Capital Outlay Account No. 323-970 for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #174-73 RESOLVED, that having considered a communication dated February 16, 1973 from the City Planning Commission which sets forth its resolution No. 1-13-73 with respect to a request dated January 8, 1973 submitted in behalf of the Sun Oil Company for an extension of approval of Petition No, 71-2-2-4 for waiver use approval to allow modernization and updating of present gasoline service station located on the northwest corner of Middlebelt and Schoolcraft Roads in the Southeast 1/4 of Section 23, which waiver use was approved by the City Council in its resolution No. 242-71, adopted on March 24, 1971, the Council does hereby determine to concur in the recommendation of the City Planning Commission and does grant an extension for a one-year period to the aforesaid waiver use approval. 13571 A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #175-73 RESOLVED, that having considered a communication dated February 8, 1973 from the City Planning Commission, which transmits its resolution No. 2-35-73 adopted by the Commission on February 6, 1973 with regard to Petition No. 72-8-2-24, submitted by Page and Cox requesting permission to construct a recreational vehicle sales and service center as a waiver use on property zoned C-2 located on the south side of Plymouth Road between Yale and Levan in the Northeast 1/4 of Section 32, the Council does hereby concur in the recommendation made by the City Planning Com- mission and Petition No. 72-8-2-24 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #176-73 RESOLVED, that having considered a communication from the Personnel Director dated February 1, 1973, which also bears the signature of the Budget Director and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on January 24, 1973, wherein a request is submitted for an additional appropriation to cover the costs for court reporter services and witness fees incurred on an appeal hearing, the Council does hereby authorize the transfer of the sum of $864.00 from the Unexpended Fund Balance Account to Account No, 220-819 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #177-73 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated February 16, 1973 approved by the Budget Director and approved for submission by the Mayor, with regard to the replacement of a defective compressor at Ford Ice Arena for total costs in labor and parts in the amount of $4,011.94, as indicated in Statement No. 13349 dated November 27, 1972, from Beltz Parts & Service, Inc. 15001 Charlevoix, Grosse Pointe Park, Michigan 48230, the Council does hereby appropriate and authorize the expenditure 13572 of the sum of $4,011.94 from the Unexpended Fund Balance Account for the purpose of making full and complete payment on the aforesaid statement. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 1 (MINORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 8-105 THERETO. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Raymond, seconded by Councilman McCann, it was #178-73 RESOLVED, that having considered a communication from the Department of Law dated February 13, 1973 and submitted pursuant to Council resolution No. 604-72, which transmits a proposed ordinance amendment and a proposed resolution with respect to Alarm Systems Con- nected to the Police Department, as well as an amendment to the Livonia Code of Ordinances concerning false alarms, the Council does hereby refer the same to the Legislative Committee for its report and recom- mendation. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Brown and Nash. NAYS: Milligan, Ventura and Raymond. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was #179-73 RESOLVED, that having considered a communication dated November 8, 1972 from the City Planning Commission which sets forth its resolution No. 10-274-72 with regard to Petition No. 72-9-1-42, submitted by Charest, Clancy & Katulski for Harold L. Thomas for a change of zoning on property located on the southeast corner of Five Mile Road and Beatrice in the Northeast 1/4 of Section 23, from RUFA to C-2, and the Council having conducted a public hearing with regard to this matter on January 22, 1973, pursuant to Council resolution No. 1063-72, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 72-9-1-42 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. L13573 A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #180-73 RESOLVED, that having considered a communication from the Mayor dated February 9, 1973, which transmits certain comments made by Father Ferdinand A. Wolber concerning the need for the improvement of Jamison, west of Middlebelt Road, the Council does hereby refer the same to the City Engineer for his report and recommendation. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #181-73 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 19, 1972 pursuant to Council resolution No. 714-72, adopted on August 16, 1972 and in accordance with the pro- visions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the widening of Deering Avenue, Vassar to Pembroke, in Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on February 5, 1973, pursuant to Council Resolution N . 1156-72, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the Special Assessment proceeding heretofore commenced for the proposed improvement. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #182-73 RESOLVED, that having considered a communication from the Mayor dated February 15, 1973, wherein it is recommended that sidewalks be installed on Purlingbrook south of McNaMara Towers, in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of 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 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, pursuant to the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended. 1357+ By Councilman Raymond, seconded by Councilman Brown, and unanimously adopted, it was #183-73 RESOLVED, that having considered a communication from the City Engineer dated February 9, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the need for the installation of certain sidewalks in the Denmar Estates Subdivi- sion, the Council does hereby authorize the Engineering Division to take bids for the installation of such sidewalks in conjunction with the 1973 Miscellaneous Sidewalk Program, and further, does hereby authorize that the cost of such sidewalk installations be deducted from the cash escrow account on deposit with the City in connection with the said Denmar Estates Subdivision. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #18+-73 RESOLVED, that having considered a communication from the City Engineer dated February 9, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the need for the installation of certain sidewalks in the Merri-Five Subdivision, the Council does hereby authorize the Engineering Division to take bids for the installation of such sidewalks in conjunction with the 1973 Miscellaneous Sidewalk Program, and further, does hereby authorize that the cost of such sidewalk installations be deducted from the cash escrow account on deposit with the City in connection with the said Merri-Five Subdivision. By Councilman Milligan, seconded by Councilman Bennett, it was #185-73 RESOLVED, that having considered a communication from the City Engineer and the Planning Director dated January 12, 1973, approved by the Director of Public Works and approved for submission by the Mayor and submitted pursuant to Council resolution No. 389-72, as well as a communication dated February 8, 1973 from Mr. Albert P. Herzog, Attorney, for Dr. Claude Alexander regarding the assessment of certain property located on Plymouth Road in connection with the Plymouth Road Parking improvements (Parking Lot B) as set forth in Special Assessment District No. 101, the Council does hereby determine to refer this matter back to the City Engineer for further study and thereafter a new report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett and Raymond. NAYS: Brown, Ventura and Nash. The President declared the resolution adopted. 13575 By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #186-73 RESOLVED, that having considered the report and recommendation of the School Board and City Council Joint Committee dated January 16, 1973 with regard to the question of installing a pedestrian overpass at Middlebelt Road and West Chicago, the Council does hereby table the same and refers it to the Study Session to be conducted on March 26, 1973, with the request that a representative of the Livonia School Board be present at such meeting. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #187-73 RESOLVED, that having considered a communication from the Chief of Police dated February 14, 1973, concerning action taken in Council resolution No. 546-70, wherein a request was submitted for a 90-day traffic regulation requiring all traffic on the alley located adjacent to commercial development on the south side of Plymouth Road between Merriman and Hubbard Roads to be directed in a "westerly direction," the Council does hereby determine to amend Council resolution No. 546-70 so as to provide that the direction of traffic in the aforesaid alley be directed in an "easterly direction" in lieu of that which was previously provided for in this regard. The communication from the Mayor, dated February 9, 1973, with respect to the location of our historical buildings, was received and filed for the informa- tion of the Council. By Councilman McCann, seconded by Councilman Raymond, it was #188-73 RESOLVED, that having considered the report and recommendation of the School Board and City Council Joint Committee dated January 16, 1973, as well as the communication from the Mayor dated February 9, 1973, with regard to the question of providing school crossing guards at Purlingbrook and Seven Mile Road and Five Mile Road and Hix Road, the Council does hereby determine to refer this matter to the School Board & City Council Joint Committee for future consideration. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: Milligan. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Ventura, it was 13576 #189-73 RESOLVED, that having considered a communication from Mr. Eric J. Geddes, President of Righty Right Amusement, 25716 Schoolcraft Road, Detroit, Michigan 482390 received by the City Clerk on February 8, 1973, wherein a request is made for an amendment to the Livonia Zoning Ordinance, so as to allow "penny arcades" as a permissible use, the Council does hereby refer this matter to the City Planning Department for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Bennett, Brown, Ventura, Raymond and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Brown, it was #190-73 RESOLVED, that having considered a communication from the Mayor dated February 19, 1973 wherein it is recommended that the City together with the Livonia Public School District employ the services of an expert real estate appraiser in order to ascertain the fair market value of the Pierson School property, the Council does hereby determine to authorize the expenditure of a sum not to exceed $600 from the 4.4 Million Dollar General Obligation Park and Recreational Facilities Bond Issue for this purpose made contingent upon the Livonia Public School District agreeing to bear 50% of the total estimated cost for employing such an appraiser ($1,200.00), as well as making the selection of such an appraiser sub- ject to and contingent upon agreement in this regard by the Department of Law as well as representatives of the Livonia Public School District; and the City Clerk and City Treasurer are hereby requested 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: McCann, Brown, Ventura, Raymond and Nash. NAYS: Milligan and Bennett. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #191-73 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated February 21, 1973 and submitted pursuant to Council resolution No. 40-73 in connection with the communication from the Livonia Housing Commission with respect to the annual salary of the Director-Secretary, the Council does hereby deter- mine to refer this matter to the Committee of the Whole for its consid- eration at a meeting to be conducted on April 17, 1973 at 7:00 P. M. 13577 By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #192-73 RESOLVED, that having considered a communication dated February 26, 1973 from the City Planning Commission, which transmits its resolution No. 2-38-73 adopted by the Commission on February 20, 1973 with regard to Petition No. 73-1-2-3 submitted by Church of St.Priscilla requesting permission to build a church addition to the present Parish Hail as a waiver use on property zoned R-1 located on the east side of Purlingbrook Road, north of Seven Mile Road in the Southeast 1/4 of Section 2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 73-1-2-3 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #193-73 RESOLVED, that having considered a petition submitted by certain residents of Bennett Avenue in Section 10 wherein a request is submitted for the installation of a six-foot cyclone fence on the easterly boundary of the "Rotary Community Park," the Council does hereby deter- mine to refer this matter to the Parks and Recreation Commission for its report and recommendation and more particularly request that such report include Vargo, Bobrich, Bennett and Curtis Avenues in this regard. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #19+-73 RESOLVED, that having considered a communication from Commercial Removal, Inc., received by the City Clerk on February 22, 1973, wherein a request is submitted for a one-year extension of the current contract between the City and Commercial Removal, Inc., the Council does hereby determine to refer this matter to the Solid Waste Disposal Committee of the Council for its report and recommendation. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #195-73 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 20, 1972 pursuant to Council resolution No. 858-72, adopted on September 27, 1972, and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed sanitary sewer extension on Henry Ruff Avenue between School- craft Road and Lyndon Avenue, and a public hearing having been held thereon on February 19, 1973 pursuant to Council resolution No.1139-72, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and a careful consideration having been given to all such13578 matters including the various objections, comments and observations of individuals in attendance at such public hearing, and in view of the apparent difficulty in satisfactorily apportioning the benefits and costs of such contemplated improvement to the satisfaction of the majority of the property owners that would have been affected thereby, the Council does hereby determine to proceed no further with the Special Assessment proceedings heretofore commenced for the proposed sanitary sewer extension on Henry Ruff Avenue between Schoolcraft Road and Lyndon Avenue; further, the City Clerk is hereby requested to notify the original petitioners for this improvement or their representatives of this determination. By Councilman Bennett, seconded by Councilman Milligan, it was #196-73 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 27, 1972, pursuant to Council resolu- tion No. 776-72, and in accordance with provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, and a public hearing having been conducted thereon on February 19, 1973 pursuant to Council resolu- tion 1137-72, and having given careful consideration to all matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the Special Assessment proceedings heretofore commenced for the proposed improvement; providing, however, that the Council does hereby determine that the City of Livonia shall proceed with the making of such improvement on the basis of a 31 foot wide deep- strength asphalt pavement with concrete curbs and gutters, the entire cost of which shall be borne by the City to be financed from either Federal Shared Revenue Funds, General Funds or Motor Vehicle Highway Funds; and for this purpose the Council does hereby refer this matter to the Engineering Division for inclusion in the 1973 Road Improvement Program on the foregoing basis. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Bennett, Brown, Ventura and Raymond. NAYS: McCann and Nash. The President declared the resolution adopted. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 22 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 ORDI- NANCE, BY ADDING SECTION 3. THERETO. RE: PETITION 72-9-1-44 FOR CHANGE OF ZONING FROM RUF TO P„S. L13579 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #197-73 RESOLVED, that the proposed amendment to the Zoning Ordinance submitted by the Department of Law with respect to Petition 72-8-1-41 of Milton Lebonbom for Samuel B. Sherer with respect to property located on the northeast corner of Middlebelt and West Chicago Roads in the Northwest 1/4 of Section 36 from R-1 to C-1 is hereby referred to a meeting of the Committee of the Whole to be conducted on April 24, 1973 at 7:00 p.m., further, it is requested that Mr. Lebonbom, a member of the Livonia School Board, and a representative of the concerned property owners be present at the same. Councilman Brown gave first reading to the following Ordinance: L 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 ORDI- NANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 72-10-1-45 FOR CHANGE OF ZONING FROM RUFB TO R-3. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. Councilman Milligan invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become Leffective on publication. LBy Councilman Bennett, seconded by Councilman Milligan, it was 13580 RESOLVED, that having considered a communication dated October 30, 1972 from the City Planning Commission which sets forth its resolu- tion No. 9-241-72 with regard to Petition No. 72-6-1-35 submitted by Mt. Hope Congregational Church for a change of zoning on property located on the north side of Schoolcraft Road, east of Henry Ruff in the Southeast 1/4 of Section 23, from RUF to R-9, and the Council having conducted a public hearing with regard to this matter on January 8, 1973, pursuant to Council resolution No. 1022-72, and having also considered a letter dated February 23, 1973 from Mr. Thomas F. Chenot submitted in behalf of the Church with regard to this item, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-6-1-35 as amended as to land area by the City Planning Commission and as further modified by the City Council and the proposed rezoning is approved on the basis of the following legal descriptions: All that part of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 23, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as: Beginning on the Easterly line of Henry Ruff Road,86 feet wide, at a point distant, N. 0° 10' 30" W. 382.00 feet along the North and South 1/4 line of said Section 23 and. S. 89° 59' 30" E. 43.00 feet from the South 1/4 corner of said. Section 23; thence along the Easterly line of said Henry Ruff Road, N. 0° 10' 30" W. 215,53 Lfeet; thence N. 89' 58' 10" E. 139.75 feet; thence N. 0° 10' 30" W. 100.00 feet; thence along the Southerly line of Lyndon Meadows Subdivision No. 3, as recorded in Liber 84 of Plats, Pages 95 and 96, Wayne County Record, N. 89° 58' 10" E. 482.00 feet; thence S. 0° 10' 30" E. 315.95 feet; thence N. 89° 59' 30" W. 130.00 feet; thence S. 0° 10' 30" E. 280.00 feet; thence along the Northerly line of School- craft Road, 204 feet wide, N. 89' 59 30" W. 50.00 feet; thence N. 0° 10' 30" W. 180.00 feet; thence N. 0° 10' 30" W. 64.00 feet; thence N. 89° 59' 30" W. 261.75 feet to the point of beginning, containing 4.77169 acres of land, and subject to the right-of-way, 20 feet wide, for Buckeye Oil Company, 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: Milligan, Bennett and Raymond. NAYS: McCann, Brown, Ventura and Nash. The President declared the resolution DENIED. LBy Councilman Ventura, seconded by Councilman Brown, it was #198-73 RESOLVED, that having considered a communication dated October 30, 1972 from the City Planning Commission which sets forth its resolu- tion No. 9-241-72 with regard to Petition No. 72-6-1-35 submitted by 13581 Mt. Hope Congregational Church for a change of zoning on property located on the north side of Schoolcraft Road, east of Henry Ruff in the South- east 1/4 of Section 23, from RUF to R-9, and the Council having conducted a public hearing with regard to this matter on January 8, 1973, pursuant to Council resolution No. 1022-72, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 72-6-1-35 as amended to include that portion only of the Petition which lies behind and northerly of the church is hereby denied for the follow- ing reasons: 1. The R-9 Zoning District allows an intensity of development that would adversely affect abutting single residential property. 2. The uses allowed by R-9 Zoning District could substantially increase the incoming and outgoing traffic both with respect to the existing Church parking lot and with respect to Henry Ruff Road; and with respect to that part of the Petition lying east of the Church or, specifically, the parking lot, the Council does hereby concur in the recommendation of the Planning Commission and Petition No. 72-6-1-35 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. By Councilman Milligan, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication dated October 30, 1972 from the City Planning Commission which sets forth its resolu- tion No. 9-241-72 with regard to Petition No. 72-6-1-35 submitted by Mt. Hope Congregational Church for a change of zoning on property located on the north side of Schoolcraft Road, east of Henry Ruff in the South- east 1/4 of Section 23, from RUF to R-9, and the Council having conducted a public hearing with regard to this matter on January 8, 1973, pursuant to Council resolution No. 1022-72, the Council does hereby determine to refer this matter to the next Study Session to be conducted on March 12, 1973. A roll call vote was taken on the motion to refer, with the following result: AYES: Milligan, Bennett and Raymond. NAYS: McCann, Brown, Ventura and Nash. The President declared the motion to refer, DENIED. A roll call vote was taken on the original resolution with the following result: AYES: McCann, Brown, Ventura, Raymond and Nash. NAYS: Milligan and Bennett. The President declared the resolution adopted. L13582 *Councilman Raymond was excused at 9:27 p. m. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #199-73 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, April 16, 1973 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition No. 72-12-1-52 submitted by Charest, Clancy and Katulski for Alexander and Rose C. Spiro for a change of zoning on property located on the north side of Morlock Avenue, east of Middlebelt Road in the Northwest 1/4 of Section 1, from RU? to P.S., the City Planning Commission having in its resolution No. 1-22-73 recommended to the City Council that Petition No. 72-12-1-52 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 to cause to have a statement indicating the location of the proposed change 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 Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Milligan, it was #200-73 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated October 27, 1972 and the report and recommendation of the Chief of Police dated February 21, 1973, in con- nection therewith, the Council does hereby approve of the request from S.T.P. Investment, Inc. for transfer of ownership of 1972 Class C Licensed Business with Dance Permit located at 32826 Five Mile Road, Livonia, Michigan 48154, Wayne County, from Interlake Investmcnts, Inc. ; 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: Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was 13583 #201-73 RESOLVED, that having considered a communication from the City Planning Commission dated February 19, 1973, which transmits its resolution No. 1-26-73 wherein the Commission did amend Part V of the Master Plan of the City of Livonia, the Master School and Park Plan, so as to incorporate Parcel 1912a1 located north of the proposed right- of-way lines for the 1-96 Freeway, east of Eckles Road in the Southwest 1/4 of Section 19, the Council does hereby determine to certify and acknowledge the receipt of same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #202-73 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the month of April, 1973. Wednesday, April 4, 1973 Wednesday, April 18, 1973. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #203-73 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. *Councilman Raymond returned at 9:31 p. m. By Councilman Milligan, seconded by Councilman McCann, it was #204-73 RESOLVED, that having considered a letter dated February 27, 1973 from the Election Commission, the Council does hereby approve and authorize the purchase of seventy-five (75) reconditioned Shoup Voting Machines at a price of $1,087.50 each, FOB Burlington, N. J., from International Elections Systems, Inc. ; said purchase to be financed from the proceeds of Certificates of Indebtedness evidencing the total cost of the purchase; and further, the Council has determined to dispense with obtaining bids therefore in this instance for the following reasons: 1. That all voting machine equipment presently owned and employed by the City are of the Shoup type machine, the product of, and offered only by, one original manufacturer. 13584 lim 2, In the interest of uniformity throughout all voting precincts within the City of Livonia it is both practical and desirable to maintain uniformity in this particular equipment to avoid confusion in the operation of the machines by the voters and simplification of setting machines and training election inspectors, etc. 3. That said equipment is reconditioned equipment and available from one source only and subject to prior sale, hence bidding with respect to same would serve no useful purpose; 4. That having considered a communication from the Mayor, dated March 2, 1973, and for the reasons therein stated, the Council does hereby determine to authorize the action taken herein without bids since the item to be purchased is not competitive in nature and there would be no advantage to the City which would result from requiring such bidding; all of which is in compliance with pro- visions of Section 2-212 (d)(5) of the City of Livonia Code of Ordinances. and further, the Mayor, City Clerk and City Treasurer are hereby author- ized to do all things necessary or incidental to the full performance of this resolution, and in particular, the City Clerk is also authorized to contact the firm of Miller, Canfield, Paddock and Stone, Detroit, Michigan, the City's bond counsel, to assist in the preparation, issuance, and delivery of said Certificates of Indebtedness, subject to approval as to form by the City Attorney. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Ventura and Nash. NAYS: Brown and *Raymond. The President declared the resolution adopted. *Councilman Raymond made the following statement: My 'no' vote is cast, not because I don't feel that we are in dire need for voting machines, but rather because I feel that it is contrary to the Charter requirements for sealed bids. By Councilman McCann, seconded by Councilman Milligan, it was #205-73 RESOLVED, that pursuant to Article XXIII of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Gerald D, Taylor, 36734 Sunnydale, Livonia, Michigan, is hereby reappointed a mem- ber of the Zoning Board of Appeals, for a three year term of office, such term commencing on July 12, 1973, with all of the authority and duties as set forth in the said Zoning Ordinance and Act 207. 13585 A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Milligan, it was #206-73 RESOLVED, that pursuant to Article XXIII of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Robert R. Bishop, 15592 Hix Road, Livonia, Michigan, is hereby reappointed a member of the Zoning Board of Appeals, for a three year term of office, such term commencing on July 12, 1973, with all of the authority and duties as set forth in the said Zoning Ordinance and Act 207. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was #207-73 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee dated February 28, 1973, and submitted pursuant to Council resolution No. 132-73, with regard to the communica- tion from the Water and Sewer Board dated February 9, 1973, approved for submission by the Mayor, which transmits its resolution No. WS 1774 1/73, the Council does hereby determine to approve the Water Budget as submit- ted for the Fiscal Year March 1, 1973 through February 28, 1974 with the exception, however, of deleting the sum of $11,000.00 as shown therein for the position of Water and Sewer Commissioner (Page 2, Activity No. 558, Account No. 704 ) with all other totals, expense and income items to the extent applicable reduced pro rata in accordance with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was #208-73 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee dated February 28, 1973, and submitted pursuant to Council resolution No. 132-73, with regard to the communica- tion from the Water and Sewer Board dated February 9, 1973,approved for submission by the Mayor, which transmits its resolution No. WS 1775 1/73, the Council does hereby determine to approve the Sewer Budget as submit- ted for the Fiscal Year March 1, 1973 through February 28, 1974. 13586 A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #209-73 RESOLVED, that having considered a communication from the City Planning Commission dated March 2, 1973, which transmits its resolution No. 2-41-73, adopted by the Commission on February 20, 1973, submitted by the Planning Commission requesting approval of sign design plans as required by Section 18.47 submitted in connection with the erection of proposed signs on existing buildings located within the shopping center located on the northwest corner of Farmington Road and Seven Mile Road in the Southeast 1/4 of Section 4, the Council does hereby, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 73-2-8-5 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. A roll call vote was taken on the foregoing resolution with the following result : AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. At the direction of the Chair, the report of the Capital Improvement Committee, with regard to Revenue Sharing,was referred to the Study Session to be conducted on March 12, 1973. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, this 755th regular meeting of the Council of the City of Livonia, was duly adjourned at 9:50 P. M., March 7, 1973. ADDISON T:1. BA 61 , Cit. Clerk.