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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-05-30 13752 MINUTES OF THE SEVEN HUNDRED SIXTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 30, 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 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, Ronald Mardiros, City Assessor; John T. Dufour, Superintendent of Parks and Recreation, H. Patrick O'Neill, Director of Civil Defense; Daniel Gilmartin, Industrial Coordinator; Robert Turner, Police Chief; Jack Dodge, Budget Director, G. E. Siemert, City Engineer; John Nagy, City Planner, Frank Kerby, Chief Building Inspector, Stanley Bien, Chief Librarian; Robert Biga, Personnel Analyst, and Glen A. Middlin of the Traffic Commission. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #424•-73 RESOLVED, that the minutes of the 760th regular meeting of the Council of the City of Livonia, held May 16, 1973, are hereby approved. The communication dated May 23, 1973 from the City Clerk, which transmitted Financial Reports for the period ending April 30, 1973 covering the General Fund, Refuse Fund, Golf Course Fund, Concession Fund, Ice Rink Fund and the Swimming Pool Fund, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the City Planning Commission dated May 24, 1973, submitted pursuant to Council resolution No. 189-73, to which is attached a communication from the Chief of Police, dated May 2, 1973, with regard to the matter of a proposed amendment to the Zoning Ordinance so as to allow "penny arcades" as a permitted use, the Council does hereby refer the same to the Legislative Committee. 13753 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Ventura and Raymond. NAYS: McCann, Bennett, Brown and Nash. The President declared the resolution DENIED. The communications from the Plannirg Commission and the Police Chief, in response to Council resolution No. 189-73 (penny arcades), were received and filed for the .information of the Council. The communication dated May 17, 1973 from the Department of Law with respect to Civil Action No. 73-227162-CZ (American Oil Company vs City of Livonia), was received and filed for the information of the Council. The communication dated May 17, 1973 from the Department of Law with respect to Civil Action No. 198105 R (The Southland Corporation vs City of Livonia) L was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Brown, it was #1125-73 WHEREAS, it is necessary to locate, establish, construct and improve branches, said branches to be known as Livonia Drain No. 41, within the drainage district of an existing County Drain, known as the Branch of Bell Drain, to be located entirely within the limits of the City of Livonia, the location of said branches being as follows : Beginning at a point located at approximately the southeast corner of the northeast quarter of Section 18, T. 1 S., R. 9 E., City of Livonia and extending westerly for a distance of approximately 3,400 feet to the 1-96/275 freeway east right-of-way line, and also A branch beginning at a point located approximately 1,300 feet west of the southeast corner of the northeast quarter of Sectjcn 18, T. 1 S., R. 9 E., City of Livonia and extending northerly for a distance of approximately 2,700 feet to Six Mile Road. AND WHEREAS, in the opinion of the City Council, the location, establishing, constructing and improving of said branches, is necessary for the public health of the City of Livonia, and the entire cost thereof, except that part representing benefits to State and County highways, should be assessed against the City of Livonia for public Health, 137,4 AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, (the Drain Code of 1956) provides a feasible method of financ- ing the cost of said branches where the same is necessary for the public health of the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: "Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporation only". NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20 of Act 4o, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing, constructing and improving of the branches set forth in the preamble hereof, and does hereby consent to the location, establishing, constructing and improving of the same pursuant to said Chapter 20 of Art, 40, Public Acts of Michigan, 1956, as amended. 2. The proposed branches set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign, for and on behalf of the City of Livonia, a petition praying for the location, establishing, constructing and improving of the same, as set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amenaed, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. 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 Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #426-73 RESOLVED, that having considered a communication from the Mayor, dated March 23, 1973, to which is attached a communication from the Chief of Police, dated March 21, 1973, with regard to the need to purchase and install a 40 kw generator at the Livonia Police Headquarters Building, wh5ch auxiliary power plant would enable the Police Division to maintain opera- tions during power failures, the Council does hereby refer this matter to the Study session to be conducted on June 4, 1973. 13755 By Councilman Milligan, seconded by Councilman McCann, it was #427-73 RESOLVED, that having considered a communication from the Chief Librarian, filed with the City Clerk on April 23, 1973, and approved for submission by the Mayor, which transmits resolution No. 6-73 adopted by the Library Commission on April 16, 1973, wherein it is requested that the sum of $11,236.00 refunded to the Livonia Public Library from the Wayne County Federated Library System be deposited in the library budget for 1972-73 in the Books and Periodicals Account No. 738-957, the Council does hereby request that the Mayor submit his report and recommendation concerning this matter. A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Brown and Nash. NAYS: Bennett, Ventura and Raymond. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #428-73 RESOLVED, that having considered a communication from the Personnel Analyst I and the Personnel Director, dated April 25, 1973, wch also bears the signature of the Budget Director and which is approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on April 3, 1973, wherein it is recommended Ulgat the classifications of Youth Service Coordinator and Youth Service Aide be established at the following rates : Youth Service Coordinator $3.00 per hour Youth Service Aide S1.60 per hour the Council does hereby determine to concur in and approve of such action, further, the Council does hereby appropriate the sum of S2,282.00 from the Unexpended Fund Balance Account, the same to be transferred to the following accounts in the following amounts: Account No. 684-707 Salaries $ 1,482.00 Account No. 684-904 Printing 300.00 Account No. 684-728 Operating 500.00. 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 13756 #429-73 RESOLVED, that having considered a communication dated April 12, 1973 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. John Punga, 18352 Lathers, Livonia, Michigan 48152, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No, 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division and combination of Tax Item 12c143 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing and combining of same into two parcels, the legal descriptions of which shall read as follows: Parcel "A" Lot 142 and the South 20 feet of Lot 143 of Dohany Subdivision, City of Livonia, Wayne County, Michigan, Liber 64, Page 95. Parcel "B" Lot 144 and the North 20 feet of Lot 143 of Dohany Subdivision, City of Livonia, Wayne County, Michigan, Liber 64, Page 95. as shown on the map attached to the aforesaid communication which is mad a part hereof by this reference; and the City Clerk is hereby requested tD cause a certified copy of this resolution to be recorded in the Officr of the Wayne County Register of Deeds. 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 Ventura, seconded by Councilman Brown, it was #430-73 RESOLVED, that having considered a communication from the City Engineer dated April 9, 1973, approved by the Director of Public Works ana approved for submission by the Mayor, and submitted pursuant to Council resolution No. 185-73 with respect to a communication dated February 8, 1973 from Mr. Albert P. Herzog, Attorney for Dr. Claude Alexander, regardi:7 the assessment of certain property located on Plymouth Road in connection with the Plymouth Road Parking Improvement (Parking Lot "B") as set forth in Special Assessment District No. 101, the Council does hereby determine to reject and deny approval for the reassessment of the subject property herein requested. A roll call vote was taken on the foregoing resolution with the following result. AYES. McCann, Bennett, Brown, Ventura and Nash. NAYS: Milligan and Raymond. The President declared the resolution adopted. 13757 By Councilman McCann, seconded by Councilman Ventura, it was #431-73 RESOLVED, that having considered a communication from the Water and Sewer Board dated May 2, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor, and which transmits its resolution No. WS 1803 4/73, the Council does hereby accept the bid of Morley Brothers, 125 N. Washington, Saginaw, Michigan, for supplying the City with the following Water Service Line Parts and Fittings : 50 ea. 1 1/2" 2 pc Unions $ 4.95 ea. 50 ea. 2 " 2 pc Unions 7.12 ea. 50 ea. 1 1/2" Curb Stops 19.49 ea, 50 ea. 2 " Curb Stops 31.43 ea. 50 ea. 1 1/2" Corp Stops 12.37 ea. 50 ea. 2 " Corp Stops 19.66 ea. 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None, By Councilman Bennett, seconded by Councilman Brown, it was #432-73 RESOLVED, that having considered a communication from the Water and Sewer Board dated May 2, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor, and which transmits its resolution No. WS 1804 4/73, the Council does hereby accept the bid of Motorola Communications and Electronics, Inc., 25901 West Ten Mile Road, Southfield, Michigan 48075, for supplying the City with one (1) Motorola Model T44RTA3900 MicOR 45 Watt Mobile Radio for the price of $967.00, as well as two (2) Motorola Model T44RTA3900 MicOR 45 Watt Mobile Radios at a unit price of $967.00 each, for a total cost of $1,934.00 (Total Price on all bids being $2,901.00), the same having been in fact the lowest bicl received for these items and meets all specifications. 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 #433-73 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated May 14, 1973, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Wenger Corporation, P. O. Box 448, Owatonna, Minnesota, for supplying the City with one (1) 32' Showmobile complete with all accessories for the price of S17,103.00, the same having been in fact the lowest and only bid received for this item and meets all specifications. 13758 LA 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 #434-73 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated May 11, 1973, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of International Harvester Sales, 31666 W. Eight Mile Road, Farmington, Michigan, for supplying the City with one (1) Dump Truck with Five Yard Box for the price of $6,695.00, 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was L #435-73 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated May 11, 1973 approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of International Harvester Sales, 31666 W. Eight Mile Road, Farmington, Michigan, for supplying the City with one (1) Bulldozer Crawler Tractor for the price of $10,343.00, the same having been in farms 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #436-73 RESOLVED, that having considered a communication from the Super intendent of Parks and Recreation dated May 11, 1973, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of William F. Sell & Son, Inc., 16555 S. Telegraph Road, Taylor, Michigan, for supplying the City with one (1) Tractor-Loade •- Backhoe for the price of $10,441.85, the same having been in fact the low- est bid received for this item and meets all specifications. L 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. 13759 By Councilman Brown, seconded by Councilman Raymond, it was #437-73 RESOLVED, that having considered a communication from the City Engineer dated April 26, 1973, approved by the Director of Public Works and approved for submission by the Mayor, concerning the cost involved in relocating two street lights made necessary by the Middlebelt Road and Seven Mile Road intersection improvement (TOPICS Project), the Council does hereby appropriate and authorize an expenditure in the amount of $1,100.00 from the Motor Vehicle Highway Fund (Major Roads) in order to make payment to the Detroit Edison Company to cover the cost of relocating the said street lights; 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• Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #438-73 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated April 23, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor, with regard to costs involved in the City's present data processing program concerning department records, daily activity, automobile maintenance and manpower allocation, the Council does hereby determine to authorize the transfer of the sum of $12,500.00 from the Patrol Bureau Salary Account No. 325-7C6 to Administration Account No. 304-728 (Office Supplies) for the purpose of providing sufficient funds to cover the costs involved for the remainder of the calandar year 1973. 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 Bennett, it was #439-73 RESOLVED, that having considered a communication from the City Engineer dated May 3, 1973, approved by the Director of Public Works and approved for submission by the Mayor, and to which is attached copies of final invoices from the Wayne County Road Commission in connection with the installation of four traffic signals, the Council does hereby deter- mine to authorize by way of additional appropriations the following: 1. $690.31 from the 1968 Fire Station General Obligation Bond Issue to cover the cost of the traffic signal at Fire Station No. 6; and 13760 2. $257.92 from the Motor Vehicle Highway Account (Major Roads) to cover the cost of the traffic signal at Joy and Hix Roads; 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• Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #440-73 RESOLVED, that having considered a communication from the City Engineer dated April 30, 1973, 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, for the installation of one (1) 400 Watt and seven (7) 175 Watt Mercury Vapor lights on existing poles within and around the Parking Area of the Senior Citizens Drop-In Center, it being the determination of the Councyl that this lighting is required in order to protect public safety and residents of the community. 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 Bennett, it was #441-73 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated April 30, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor, with regard to the installation of an air conditioner in the Communications Center of the Police building, which shall be approximately 28,000 BTU and be installed in the ceiling and vented through the roof, th Council does hereby authorize the transfer of the sum of $1,500.00 from Account No. 325-970 (Patrol Vehicles) to Account No. 310-970 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 Bennett, seconded by Councilman Brown, it was 13761 #442-73 RESOLVED, that having considered a communication from the City Engineer (in his capacity as Street Administrator) dated May 1, 1973 approved by the Director of Public Works and approved for submission by the Mayor and submitted pursuant to Act 51 of the Public Acts of Michigan of 1951, as amended (M,S.A. Sec. 1097 (13) (d) (1) with regard to the transfer of funds for the calendar year 1973 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, 25% of the amount designated for major street system to be used on the local street system, and the City Clerk is hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result- AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #4443-73 RESOLVED, that having considered a communication from the Depart- ment of Law, dated May 23, 1973, approved for submission by the Mayor, relative to the proposed acquisition of a leasehold located at 31515 Plymouth Road (Lot 20 and the westerly 5 feet of Lot 19 of Rosedale Gardens Subdivi- sion No. 1), which acquisition is necessary for the completion of the Plymouth Road Parking Project, the City Council of the City of Livonia, Michigan, authorizes the Department of Law to acquire the aforesaid described property from William J. Wiemer d/b/a Construction Services Company and also d/b/a Livonia Drafting Services, based upon the following terms and conditions: 1. The purchase price of the subject property shall be $2,070.00; and the reimbursement of the sum of $400 in accordance with the terms of a lease dated May 1, 1969. 2. Seller shall convey such interest as he has in this property, including but not limited to a lease, as applicable to these premises, which lease is dated May 1, 1969, and by its terms will expire on April 30, 1974. 3. Seller agrees to surrender possession of the described premises to the purchaser on or before June 30, 1973 upon compensation herein provided for being made. 4. The compensation herein provided for is for value in place of irremovable items and the detach/reattach cost value for movable items. 5. Seller agrees that the compensation herein provided for will forever release, discharge and satisfy all claims, demands or actions as the seller may have now or at any time in the future against the purchaser, 13762 its assigns, agents, servants and employees, by reason of the acquisition of the subject premises by the purchaser. further, the Council does hereby authorize the expenditure of a sum not to exceed S2,470 as an advance from the proceeds of Special Assessment District 101 as established for this purpose; and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. 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 was excused at 8:37 p. m. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication dated March 2, 1973 from the City Planning Commission which sets forth its resolution No. 2-37-73 with regard to Petition No. 73-1-1-2 submitted by W. A. Bachman �- Michigan Bell Telephone Company for a change of zoning on property located on the east side of Newburgh Road, north of Five Mile Road in the Southwest 1/4 of Section 17, from R-2A to C-1, and the Council having conducted a public hearing with regard to this matter on April 30, 1973, pursuant to Council resolution No. 242-73, the Council does hereby reject the recommenda- tion of the Planning Commission and the said Petition No. 73-1-1-2, as revised, is hereby denied. By Councilman Raymond, seconded by Councilman McCann, it was RESOLVED, that having considered a communication dated March 2, 1973 from the City Planning Commission which sets forth its resolution No. 2-37-73 with regard to Petition No. 73-1-1-2 submitted by W. A. Bachman for Michigan Bell Telephone Company for a change of zoning on property located on the east side of Newburgh Road, north of Five Mile Road in the Southwest 1/4 of Section 17, from R-2A to C-1, and the Council having conducted a public hearing with regard to this matter on April 30, 1973, pursuant to Council resolution No. 242-73, the Council does hereby determine to refer this matter to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Raymond and Nash. NAYS: Milligan, Brown and Ventura. The President declared the resolution DENIED. By Councilman Brown, seconded by Councilman McCann, it was 13763 #444-73 RESOLVED, that having considered a communication dated March 2, 1973 from the City Planning Commission which sets forth its resolution No. 2-37-73 with regard to Petition No. 73-1-1-2 submitted by W. A. Bachman for Michigan Bell Telephone Company for a change of zoning on property located on the east side of Newburgh Road, north of Five Mile Road in the Southwest 1/4 of Section 17, from R-2A to C-1, and the Council having conducted a public hearing with regard to this matter on April 30, 1973, pursuant to Council resolution No. 242-73, the Council does hereby determine to refer this matter to the Study Session to be conducted on June 4, 1973. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Brown and Nash. NAYS: Ventura and Raymond. The President declared the resolution adopted. *Councilman Bennett returned at 8:46 p. m. By Councilman Milligan, seconded by Councilman Ventura, it was #445-73 RESOLVED, that having considered a communication dated May 1, 1973 from the City Planning Commission, which transmits its resolution No. 4-82-73 adopted by the Commission on April 10, 1973 with regard to Petition No. 73-3-2-6, submitted by Ernest Molnar requesting permission to operate a recreational vehicle, automobile and light truck service and repair business as a waiver use on property zoned M-1 located on the east side of Farmington Road between Glendale and Industrial Road in the Northwest 1/4 of Section 27, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 73-3-2-6 is hereby approved and granted for the same reasons as those set forth in the aforesaid action 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 Ventura, seconded by Councilman McCann, and unanimously adopted, it was #446-73 RESOLVED, that having considered Petition No. 73-5-3-3 submitted by Urban Engineering Company for Ager Building Company under date of April 27, 1973 and received in the City Clerk's office on April 30, 1973, wherein a request is made for the vacating of a certain easement located in the Bobrich Subdivision, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commis- sion for action and recommendation in accordance with provisions of Law and City Ordinance. 13764 The communication dated April 21, 1973 from Mary T. Aho, 20240 Hugh, with respect to a possible amendment to the Building Codes of the City of Livonia, was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #447-73 RESOLVED, that having considered a communication from the First of Michigan Corporation dated April 23, 1973 with regard to the issuance of Industrial Revenue Bonds for the financing of a distribution center for the Jacobson's furniture and home furnishings Division, the Council takes means to indicate that it would deny approval for the issuance of such Industrial Revenue Bonds in the event of formal application therefor being made. By Councilman Ventura, seconded by Councilman Raymond, it was #448-73 RESOLVED, that having considered a communication dated May 11, 1973 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. George W. Jarvenpaa, 14995 Cavell, Livonia, Michigan 48154, and in accordance with the provisions of Act 288 Imr of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordi- nance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division of Tax Item 24G1 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into two parcels, the Legal Descriptions of which shall read as follows : Parcel "A" A parcel of land in the Northeast 1/4 of Section 24, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan. Described as beginning at a point on the West line of Cavell Avenue (60.00 feet wide), said point being• South 89° 49' 00" West 658.00 feet along the North Section line of Section 24, and South 0° 19' 30" East 925.00 feet along the center of Cavell Avenue and South 89° 49' 00" West 30.00 feet from the Northeast corner of Section 24, ; Thence South 0° 19' 30" East 65.00 feet along the West line of Cavell Avenue; Thence South 89° 49' 00" West 335.00 feet; Thence North 0° 19' 30" West 65.00 feet; Thence North 89° 49' 00" East 335.00 feet to point of beginning. Con- taining 0.4999 Acres. Parcel "B" A parcel of land in the Northeast 1/4 of Section 24, Town 1 South, Range 9 East, City of Livonia, 13765 Wayne County, Michigan. Described as beginning IL* at a point on the West line of Cavell Avenue (60.00 feet wide), said point being. South 89° 49' 00" West 658.00 feet along the North Section line of Section 24, and South 0° 19' 30" East 825.00 feet along the center of Cavell Avenue and South 89° 49' 00" West 30.00 feet from the Northeast Corner of Section 24, Thence South 0° 19' 30" East 100.00 feet along the West line of Cavell Avenue, Thence South 89° 49' 00" West 335.00 feet; Thence South 0° 19' 30" East 65.00 feet, Thence South 89° 49' 00" West 296.63 feet, Thence North 0° 24' 15" West 165.00 feet, Thence North 89° 49' 00" East 631.86 feet to point of beginning. Containing 1.89 Acres. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: Milligan. The Prr:sident declared the resolution adopted. By Councilman Brown, seconded by Councilman Bennett, it was #449-73 RESOLVED, THAT having considered a communication from Mrs. Anne Kabodian, 11348 Winston Avenue, Detroit, Michigan 48239, as well as a communication dated April 24, 1973 from the City Engineer with regard to a proposed street name of Gardner Avenue, the Council does hereby determine to deny approval of the said Street Name change. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Bennett, Brown, Raymond and Nash. NAYS: McCann and Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was ##450-73 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated April 30, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor, wherein a request is made for the employment of an additional captain for the six-month period July to December 1973, the Council does hereby determine to approve such action and for this purpose amends and revises the current Budget so as to include one (1) additional Captain's position, based upon the understanding that there are sufficient moneys currently appropriated to assure the full performance of this resolution. 13766 Ihrs By Councilman McCann, seconded by Councilman Bennett, it was #451-73 RESOLVED, that having considered a communication from the Mayor dated May 15, 1973, to which is attached a communication from the Super- intendent of Parks and Recreation, wherein it is recommended that figure skating rates be increased from $10.00 to $12.00 for residents and from $15.00 to $17.00 for non-residents, the Council does hereby determine to approve of such action, and all prior resolutions are hereby amended and revised to the extent necessary to conform to 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. The following resolution was unanimously introduced, supported and adopted: #452-73 RESOLVED, that having considered the request of the Rosedale Gardens Civic Association, dated May 14, 1973, to have a fireworks display on July 4, 1973, the Council does hereby grant permission to the Rosedale Gardens Civic Association to transport and fire Aerial Fireworks on the night of July 4, 1973, at Rosedale Park, provided, however, that this display shall be subject to observation by the Livonia Fire Department and in such area as approved by them, and the City of Livonia, its agents, and its employees will not be responsible for any injuries or damage caused by the fireworks or by the persons using said fireworks; further, that the permission herein granted is conditioned upon full compliance and adherence to the provisions set forth in Act 358 of P.S. of 1968; further, the following insurance requirements shall be furnished to the City Clerk by the Rosedale Gardens Civic Association, in the following amounts. (a) On account of injury to, or death of, any person in any one accident $ 10,000.00 (b) On account of any one accident resulting in injury to, or death of, more than one person 20,000.00 (c) On account of damage to property in any one accident. 5,000.00 ($100.00 deductible). A duplicate copy of the original of such insurance shall be approved as to form by the City Attorney and filed with the City Clerk; further, the Council does hereby refer to the Chief of Police the matter of conducting a Children's Costume Parade from the playground at St. Michael's Church to the Rosedale Gardens Clubhouse on Hubbard Street on July 4, 1973, for the issuance of a permit in this regard as set forth in Title 1, Chapter 6, Section 6-155 of the Livonia Code of Ordinances, as amended. By Councilman Bennett, seconded by Councilman Brown, it was 13767 #453-73 RESOLVED, that having considered a communication dated May 21, 1973 from the Department of Law, transmitting for acceptance a Grant of Easement executed on May 10, 1973 by S. & Y. Investment Co., a Co-partner- ship, by Howard B. Sobel, D.O., Partner, granting to the City: The South 12 feet of Lot 52 and the south 80 feet of the East 33 feet of Lot 51, Dutch Mill Gardens, as recorded in Liber 68, Page 70, Wayne County Records, said subdivision being of part of the N. 1/2 of Section 24, T. 1 S., R. 9 E., Livonia Township (now City of Livonia) Wayne County, Michigan. 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #454-73 RESOLVED, that having considered a communication dated May 21, 1973 from the Department of Law, transmitting for acceptance a Grant of Easement executed on December 14, 1972 by Jennie Stypula, a widow, gran+in.g to the City: The South 12 feet of the north 86 feet of the south 350 feet of the west 270 feet of the east 330 feet of the S.E. 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 11MM2Ob2a, MM20b3a) 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was 13768 lam A55-73 RESOLVED, that having considered a communication from the Depart- ment of Law dated May 10, 1973, submitted pursuant to council resolution #289-73, transmitting for acceptance a Warranty Deed executed on May 9, 1973 by Keith M. Gale and Majie J. Gale, his wife, conveying to the City: That part of the Southeast 1/4 of Section 18, Town 1 South, Range 9 East, described as beginning at a point on the North and South 1/4 Section Line distant South 0 degrees 27 minutes 46 seconds East 329.41 feet, from the center 1/4 corner of Section 18, and proceeding thence South 0 degrees 27 minutes 46 seconds East along said line 329.41 feet; thence North 89 degrees 41 minutes 30 seconds East 750 feet; thence North 0 degrees 27 minutes 46 seconds West, 329.60 feet; thence South 89 degrees 40 minutes 38 seconds West, 750 feet to the point of beginning. 5.67 acres the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty Deed 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, further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city owned and exempt. 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 Ventura gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Pet. 73-2-3-1) 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. Councilman Ventura gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 1 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 72-12-1-52 FOR CHANGE OF ZONING FROM RUF TO P.S. 13769 The foregoing, 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 aLove Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Brown, seconded by Councilman Raymond, it was #456-73 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 125 for the proposed paving of Deering Avenue, Five Mile Road to Puritan Avenue, in Section 13 in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Wednesday, May 23, 1973 at 8:00 P. M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 125; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments: NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated March 23, 1973, in the amount of $97,4i6.47, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No. 125 is hereby approved and confirmed in all respects, (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1973. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1973 and subsequent installments on December 1st of succeeding years, 13770 (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assess- ment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty days (60) from December 1, 1973 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1973 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1973 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; (6) The City Council having determined to pay a portion of the cost of the proposed paving of Deering Avenue, Five Mile Road to Puritan Avenue, in Section 13, in the sum of $14,612.47, and the same is hereby authorized to be expended from the Motor Vehicle Highway Fund Receipts (Local Roads) to cover the City's cost of said installation. A roll ^all vote was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #457-73 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 126 for the proposed paving of Rensellor Boulevard, Seven Mile to Bridge Avenue, in Section 1, in the City of Livonia, Wayne County, Michigan, as required 13771 by the provisions of the City Charter and Title 2, Chapter 5 of the ILm Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Wednesday, May 23, 1973 at 8:00 p. m. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 126; ,S, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated March 22, 1973 in the amount of S21,421.00, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 126 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at a rate of not to exceed six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1973. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1973 and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assess- ment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1973 pay the whole or any part of the assessment without interest or penalty; 13772 fir (5) The first installment shall be spread upon the 1973 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1973 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expira- tion of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; (6) The City Council having determined to pay a portion of the cost of the proposed paving of Rensellor Boulevard, Seven Mile Road to Bridge Avenue, in Section 1, in the sum of $3,533.00, and the same is hereby authorized to be expended from the Motor Vehicle Highway Fund Receipts (Local Roads) to cover the City's cost of said installation. 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. The following resolution was unanimously introduced, supported and adopted: #458-73 RESOLVED, that having considered a letter from Mrs. David Cameron, 15980 Gary Lane, Livonia, Michigan 48154, requesting permission to conduct a "Family Street Picnic", the Council does hereby grant permission to the residents of Idyl Hills Civic Association to hold a "Family Street Picnic" on Wednesday, July 4, 1973 at 3:00 P. M.; and further, the Council does grant permission to block off Ellen Drive between Edgewood and Roycroft and Edgewood and Gary Lane as requested in the aforesaid communication, subject to the approval of the Police Department. Councilman Milligan gave first reading to the following Ordinance. AN ORDINANCE AMENDING TITLE 3 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING THERETO CHAPTER , ENTITLED "MOTORCYCLE, MOTOR-DRIVEN CYCLE, MINIBIKE, SPECIAL PURPOSE MOTOR VEHICLE ORDINANCE OR GO-KART" 13773 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 effective on publication. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #459-73 RESOLVED, that the Council does hereby refer the matter of providing future amendments of the "Motorcyle Ordinance" to the Legisla- tive Committee for further study and consideration. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #460-73 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. The communication dated May 16, 1973 from the Director of Juvenile Facility Network Program, concerning the City's participation in this Program which requires financial support, was received and filed for the information of the Ccunci] The following resolution was unanimously introduced, supported and adopted #461-73 RESOLVED, that having considered a request from the Clarenceville United Methodist Church dated May 29, 1973 with regard to a parade to be conducted on June 16, 1973, the Council does hereby grant permission to Clarenceville United Methodist Church for the Vacation Bible School to conduct such parade to begin at the Church, thence Morlock to Brentwood, Brentwood to Fargo, Fargo to Sunbury, Sunbury to Pembroke, Pembroke to Maplewood, Maplewood to Weyher, Weyher to St. Martins to Parkville to Morlock to the Church, on June 16, 1973 at 10:00 A.M., approval herein granted shall be subject to the approval of the Police Department in accordance with Section 6-155 of the Livonia Code of Ordinances. 13774 lbwBy Councilman Raymond, seconded by Councilman McCann, it was RESOLVED, that the Council does hereby request the Department of Law to prepare an Ordinance amendment which would rescind the "Garage Sale" Ordinance. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #462-73 RESOLVED, that the Council does hereby refer to the Legislative Committee for its report and recommendation relative to amending Title 5, Chapter 14 of the Livonia Code of Ordinances, known as the Ordinance governing "Garage, Yard, Basement and Rummage Sales," that would simplify licensing procedures and requirements. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, this 761st regular meeting of the Council of the City of Livonia, was duly aduourned at 9:40 P. M., May 30th, 1973. ADDISON W. BqON qty Cl rk.