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HomeMy WebLinkAboutCOUNCIL MINUTES 1971-01-13 11843 MINUTES OF THE SEVEN HUNDRED FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONtA On January 13, 1971, 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 8:13 P. M. Councilman Bennett delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Robert E. McCann and Robert D. Bennett. Absent-- Edward G. Milligan (Representing the City in another capacity). Elected and appointed officials present: Addison W. Bacon, City Attorney; Harry C. Tatigian, City Attorney; Robert Osborn, Director of Public Works; William Strasser, City Engineer; John Nagy, Planning; John T. Dufour, Superintendent of Parks and Recreation; Ronald Mardiros, City Assessor; John McCann, Wayne County Supervisor; Michael Resier, Water and Sewer Board; Thomas J. Griffiths, Chief Accountant; and Dan Andrew, Planning Commission. By Councilman Brown, seconded by Councilman McCann, and *unanimously adopted, it was #2-71 RESOLVED, that the minutes of the 700th regular meeting of the Council of the City of Livonia, held on December 30, 1970, are hereby approved. *councilman Ventura and Councilman Raymond abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. By Councilman Bennett, seconded by Councilman Brown, and *unanimously adopted, it was #3-71 RESOLVED, that the minutes of the 133rd special meeting of the Council of the City of Livonia, held on January 11, 1971, are hereby approved. *Councilman Ventura abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. 1184!. By Councilman Brown, seconded by Councilman Ventura, it was #4-71 RESOLVED, that having considered a communication from the firm of Rails-Hamill-Becker Associates, Inc. , dated January 8, 1971, the City's Architects for the construction of the District Court Building, Architect's Project #70-288, the Council does hereby agree to delete the elimination of ceramic tile in the Toilet Rooms of the said Court from the action previously taken in Council Resolution #1162-70, thereby only authorizing therein the reduction of the cost of the project previously authorized with respect to the Architectural Trades to the sum of $7,433.00; and the afore- said Architects, the Mayor, City Clerk and the 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: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: None. The communication dated December 28, 1970 from the Department of Law, relative to "Identical Rock Salt Bids" CR-1022-70, was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Brown, it was #5-71 RESOLVED, that having considered a communication from the Depart- ment of Law, dated December 14, 1970, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communication from the Assistant Chief, Civil Division, Office of the Wayne County Prosecuting Attorney, with respect to Project No. P-Mich- 3232, the Council does hereby authorize the Mayor and City Clerk to execute in behalf of the City of Livonia an appropriate Save Harmless Agreement in the manner requested and in a form approved by the Department of Law and, thereafter, forward the same to the County of Wayne. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #6-71 RESOLVED, that having considered a communication dated September 17, 1970, from Frances R. Cyr, 1610 Peppermill Road, Lapeer, Michigan, 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 or partition of the North 150.50 feet of Lot 13, Elmwood Farms Subdivision, would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing the same into two parcels, the legal descriptions of which shall read as follows: 11845 a. The north 75.25' of the north 150.50' of Lot 13, Elmwood Farms Subdivision, City of Livonia, Wayne County, Michigan, as recorded in Liber 48 - Page 59 W.C.R. b. The south 75.25' of the north 150.50' of Lot 13, Elmwood Farms Subdivision, City of Livonia, Wayne County, Michigan, as recorded in Liber 48 - Page 59 W.C.R. 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, provided, that this action is made subject to and conditioned upon the owner of the subject property, as well as his assigns, constructing at the time of development at their expense, the tap and lead required to connect to the sanitary sewer trunk line. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura and Raymond. NAYS: McCann and Nash. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Bennett, it was #7-71 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated December 9, 1970, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Metal Building Sales, Inc., 24470 Green Valley, South- field, Michigan, for constructing two pre-fabricated buildings to enclose the heating units at Botsford and Clement Circle Swimming Pools for a total cost of $1,978.00, the same having been the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #8-71 RESOLVED, that having considered a communication from the Mayor, dated December 16, 1970, submitted pursuant to Council resolution No. 828-70 relative to construction of right turn lanes at the intersection of Five and Farmington Roads, the Council does hereby refer this matter back to the Mayor with the request for a more detailed report providing information particularly with respect to the costs involved. 11846 By Councilman Bennett, seconded by Councilman McCann, it was ift• #9-71 RESOLVED, that having considered a communication from the Depart- ment of Law, dated December 1, 1970, approved by the Mayor and the Budget Director, with regard to the employment of a third Assistant City Attorney in the Department of Law, the Council does hereby determine to amend and revise the 1970-71 Budget of the Department of Law so as to provide for one Assistant City Attorney I classification, and for this purpose does hereby authorize the transfer of the sum of $13,525.00 from the Unallocated Appropriations Account to the following accounts in the following amounts: Account #222-706 (Personal Services) $11,736.00 Account #222-715 (F.I.C.A) 406.00 Account #222-719 (Group Insurance) 534.00 Account #222-722 (Pension) 849.00 $13,525.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, *Raymond, McCann and Nash. NAYS: Ventura. The President declared the resolution adopted. *Councilman Raymond made the following statement: My 'aye' is cast with the understanding that we are employing a third Assistant City Attorney - he is to be hired for general legal work rather than as one whose prime responsibilities would be to participate in labor negotiations in behalf of the City with employee organizations, as outlined in the letter from the Department of Law, dated December 3, 1970. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #10-71 RESOLVED, that having considered the communication from the Livonia Fire Fighters Association, Local No. 1164, dated December 7, 1970, requesting a meeting with the Council relative to the Chief of the Fire Department being in their Bargaining Unit, the Council does hereby deter- mine not to honor this request inasmuch negotiations for their current contract are now being carried on. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 5-133, 5-136, 5-137 and 5-138 OF CHAPTER I (STREETS AND SIDEWALKS) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA __._ 11847 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 meeting to be conducted on February 3, 1971. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7-141 OF CHAPTER I (Building Codes) OF ARTICLE 2, TITLE 7 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDEDI OF THE CITY OF LIVONIA. 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 meeting to be conducted on February 3, 1971. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #11-71 RESOLVED, that having considered a communication from the Mayor, dated December 17, 1970, with respect to Parental Responsibility Ordinances, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Bennett, seconded by Councilman Ventura, it was #12-71 RESOLVED, that having considered a communication dated December 21, 1970, from the City Planning Commission which transmits its resolution No. 12-150-70 adopted by the Commission on December 15, 1970, with regard to Petition No. 70-11-2-24 submitted by Peter Hodges requesting permission to operate a Class "C" Liquor License in a bowling center as a waiver use on property zoned C-2 proposed to be located on the south side of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 70-11-2-24 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, as well as the additional condition requiring the petitioner to provide a ten (10) foot wide planting area along the front property line (not driveways) of the establishment. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: None. 11848 By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #13-71 WHEREAS, pursuant to the direction of the City Council in its resolution No. 944-70, adopted on September 30, 1970, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of December 4, 1970 an assessment roll dated November 27, 1970 covering the installation of ornamental street lighting with underground conductors in Kenwood Park Subdivision in Section 32, City of Livonia, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution No. 944-70; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, February 15, 1971 at 8:00 p. m. to review the said special assessment roll at whichtime and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of February 15, 1971; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #14-71 WHEREAS, pursuant to the direction of the City Council in its resolution No. 1111-70, adopted on November 25, 1970, and in accordance with Section 2-509 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of December 21, 1970 an assessment roll dated December 15, 1970 covering the installation of sidewalks on West Chicago Road from Middlebelt to Inkster, Roads in Section 36, City of Livonia, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution No. 1111-70. 11849 Ihm THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, February 15, 1971 at 8:00 p. m. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of February 15, 1971; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessors office. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #15-71 WHEREAS, pursuant to the direction of the City Council in its resolution No. 1109-70, adopted on November 25, 1970, and in accordance with Section 2-509 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of December 21, 1970 an assessment roll dated December 16, 1970 covering the installation of sidewalks on Harrison Avenue from Five Mile Road to Lyndon Avenue in Section 24, City of Livonia, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution No. 1109-70; `!'HEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road, on Monday, February 15, 1971 at 8:00 p.m. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, 11850 IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of February 15, 1971; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman McCann, seconded by Councilman Raymond, it was #16-71 RESOLVED, that having considered a letter from the Department of Law dated December 3, 1970, transmitting for Council acceptance a Quit Claim Deed dated November 24, 1970, executed by National Leaseholds, a Missouri Corporation by its President Marc Goldfarb, by Anthony S. Brown as agent for without liability for Marc Goldfarb owner of contract, con- veying a right-of-way on Plymouth Road, said right-of-way more particular- ly described as: The North 60' of the following described parcel: Beginning at a point on the North line of Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, said point being S. 89° 52' 18" W., along the North line of Sec. 35, 503.50' from the North 1/4 corner of Sec. 35, T. 1 S., R. 9 E., thence continuing along said North line of Sec. 35, S. 89° 52' 18" W. , 289.85' ; thence South 0° 07' 32" E., parallel to the East line of Milburn Ave., 60' wide, as dedicated in Devonshire Pk. Sub. (L. 76, Pgs. 59 & 60), 500.0' ; thence North 89° 52' 18" E., parallel to the North line of Sec. 35, 286.63' ; thence N. 0° 14' 39" E., parallel to the North and South 1/4 line of Sec. 35, 500.0' to the point of beginning, except the North 240.0' of the East 125.0' of described parcel. (part of Bureau of Taxation Parcel 35C1d2) (Plymouth Road right-of-way) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim 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 reasonable or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #17-71 RESOLVED, that having considered a communication dated December 17, 1970 from the Department of Law, submitted pursuant to council resolution #1094-70, transmitting for Council acceptance a Warranty Deed dated December 12, 1970 executed by the Riverside Park Church of God by its 11851 president Carlos Richardson and its secretary Barbara A. Hefflebower, conveying: The east 27 feet of Lot 511 except the S. 125 feet thereof; also except the N. 269.13 feet thereof, Supervisor's Livonia Plat No. 9 of part of the S. E. 1/4 of Section 30, T. 1 S., R. 9 E., and The east 27 feet of the N. 269.13 feet of Lot 511, Supervisor's Livonia Plat No. 9 of part of the S. E. 1/4 of Section 30, T. 1 S., R. 9 E., the Council does herein for and in behalf of the City of Livonia accept the aforesaid Warranty Deed and the City Clerk is herein 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 : Bennett, Brown, Ventura, Raymond, McCann and Nash. L. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #18-71 RESOLVED, that having considered a letter dated December 14, 1970 from the Department of Law transmitting for Council acceptance certain documents secured in connection with the construction of a storm sewer which documents are more particularly described as: 1. Grant of Easement dated August 31, 1970 executed by Joseph Phillips and Alice M. Phillips, his wife, con- veying: The East 12 feet of: Parcel Description. The north 79 feet of the south 528 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 11MM2Oblalb) 2. Grant of Easement dated November 18, 1970 executed by Michael Phillips and Alice E. Phillips, his wife, conveying: The east 12 feet of• Parcel Description: The north 79 feet of the South 449 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 11MM2Oblala) 11852 3. Grant of Easement dated October 28, 1970 executed by Nicholas J. Sica, Vice President of Jimmie's Rustics, Inc. conveying: The East 12 feet of: Parcel Description: The north 20 feet of the south 370 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 ]1MM20blbl) 4. Grant of Easement dated October 19, 1970 executed by Jimmie F. Stephens and Pauline Stephens, his wife, conveying: The east 12 feet of: Parcel Description. The north 132.0 feet of the north 3.0 acres of the E. 1/2 of the S.E. 1/4 of the S.E. 1/4 of the S.E. 1/4 of Section 11, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, except the east 60 feet thereof. (Bureau of Taxation Parcel 11MM20a1) 5. Grant of Easement dated November 13, 1970 executed by Jennie Stypula, a widow, conveying: The east 12 feet of: Parcel Description: 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. 1S. , R. 9 E., City of Livonia,Wayne County, Michigan (Bureau of Taxation Parcel 11MM20b2a, MM2Ob3a) the Council does herein for and in behalf of the City of Livonia accept the aforesaid conveyances 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: Bennett, Brown, Raymond, Ventura, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was #19-71 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated November 19, 1970, and the report and recommendation from the Chief of Police dated December 11, 1970 in connection therewith, the Council does hereby approve of the request from Harold H. Gnegy to drop Delwyn E. Shasteen as partner in 1970-71 SDD-SDM License located at 29623 West Eight Mile Road, Livonia, Michigan, known as Country Market, and the City Clerk is hereby requested to forward a certified copy of the resolution to the Michigan Liquor Control Commission. A poll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Raymond, Ventura, McCann and Nash. NAYS: None. 11853 By Councilman McCann, seconded by Councilman Brown, it was #20-71 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission dated November 24, 1970, which submits a request from John Del Signore, 14933 Ellen Drive, Livonia, Michigan, for a new full year Class C License to be located at 32030 Plymouth Road, Livonia, Michigan, the Council does hereby refer the same to the Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Raymond, McCann and Nash. NAYS : Ventura. 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 ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 70-7-1-28 FOR CHANGE OF ZONING IN SECTION 22 FROM RUF to P.S. 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 Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #21-71 RESOLVED, that the proposed amendment to the Zoning Ordinance and Map submitted by the Department of Law under date of December 28, 1970, with respect to Petition No. 70-2-1-5 submitted by Theodore Dunner for a change of zoning on Farmington Road north of Seven Mile Road in Section 4 from RUF to C-2, is hereby tabled to the first meeting to be conducted in July 1971. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMEND- ING 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 70-2-1-3 FOR CHANGE OF ZONING IN SECTION 13 FROM C-1 to C-2. 11854 LThe 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 Regular Meeting to be conducted on February 3, 1971. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 11.03 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." RE: PETITION NO. 68-2-6-3 TO AMEND SECTION 11.03 (Waiver Uses) - 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 Regular Meeting to be conducted on February 3, 1971. 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 ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 70-5-1-20 FOR CHANGE OF ZONING IN SECTION 22 FROM C-2 TO P.L. 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 Regular Meeting to be conducted on February 3, 1971. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. RE: PETITION 70-6-3-6, SECTION 17. LThe 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 Regular Meeting to be conducted on February 3, 1971. 11855 Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING CHAPTER 4 (LAND IMPROVEMENT INSPECTION ORDINANCE) TO TITLE 9 THEREOF. 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 Regular Meeting to be conducted on February 10, 1971. By Councilman Ventura, seconded by Councilman Brown, it was #22-71 RESOLVED, that having considered a communication dated August 13, 1970 from the City Planning Commission, which transmits its resolution No. 7-88-70 adopted by the Commission on July 21, 1970 with regard to Petition No. 70-4-2-9 submitted by Boron Oil Company requesting permission to construct a gasoline service station as a waiver use on property zoned C-2 located on the southeast corner of Eight Mile Road and Middlebelt Road in the N. W. 1/4 of Section 1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 70-4-2-9 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: Bennett, Brown, Ventura, Raymond and Nash. NAYS: McCann. The President declared the resolution adopted, By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #23-71 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, February 22, 1971, at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition No. 70-9-1-34 submitted by the City Planning Commission for a change of zoning of property located east of Newburgh Road and north of Six Mile Road in the Southwest 1/4 of Section 8 from C-2 to P.S. and C-1, the City Planning Commission having in its resolution 11856 No. 10-108-70 recommended to the City Council that Petition No. 70-9-1-34 be approved; further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing cause to have a statement indicating the 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 hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Brown, it was #24-71 RESOLVED, that the preliminary plat of the proposed Livonia Industrial Park Subdivision No. 2 situated in the Southwest 1/4 of Section 27, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on August 12, 1969 by its resolution No. 8-116-69, and approved by the City Council on March 23, 1970 by its resolution No. 210-70, and a report dated November 5, 1970 from the City Engineer, approved by the Director of Public Works, indicat- ing that substantial compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commission having approved the final true plat on December 2, 1970 in its resolution No. 11-131-70, the Council does hereby determine to grant its approval to the Final Plat of the Livonia Industrial Park Subdivision No. 2 located in the Southwest 1/4 of Section 27, City of Livonia, Wayne County, Michigan, as submitted by Dale Investment Company, 15500 Telegraph Road, Detroit, Michigan, as proprietors, the proprietors thereof being required to do all things necessary to obtain full com- pliance with the Subdivision Control Act of Michigan of 1967, as amended, the Plat Ordinance of the City of Livonia, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result: AYES : Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS : None. At the request of the petitioner, the item on the agenda with respect to Petition 70-11-2-25, relative to a request for Waiver Use permission to construct a McDonald's Restaurant at Middlebelt and Five Mile Roads, was removed, and will be considered at the meeting to be conducted on January 27, 1971. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was 11857 #25-71 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 February Wednesday, February 3, 1971 Wednesday, February 10, 1971. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #26-71 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #27-71 RESOLVED, that having considered a communication from the Personnel Director, dated October 28, 1970, approved by the Budget Director and approved for submission by the Mayor with regard to a resolu- tion adopted by the Civil Service Commission on October 20, 1970, wherein the Commission did recommend that the classification of Associate Planning Director be established with the following salary range: Minimum Maximum Step 3 Step 4 Step 5 Annual $13,166.40 $13,707.20 $14,289.60 Bi-Weekly 506.40 527.20 549.60 Hourly 6.33 6.59 6.87 and further, that two classifications of Planner III be reclassified to Associate Planning Director (Planner IV), the Council does hereby determine to table this matter until such time as a permanent Planning Director is hired. By Councilman Ventura, seconded by Councilman Raymond, it was #28-71 RESOLVED, that having considered a communication submitted jointly by the Judges of the District Court and the City Clerk, dated January 6, 1971, wherein it has been recommended that the firm of Haskins & Sells, Detroit, Michigan, Certified Public Accountants, be retained. to- 1. Conduct an in-depth study of the Court's present operating policies, procedures, and accounting techniques, 2. Investigate present utilization of the Burroughs TC-500 Computer and broaden its usefulness to maximum potential, L11858 3. Conceptually formulate and design such systems and procedures that may be installed and made operational in the new District Court Building now under construction; the Council does hereby authorize the Mayor and City Clerk to enter into a formal agreement with said firm embracing the scope of the project as outlined in their proposal dated November 24, 1970, for a fee not to exceed the sum of $3,500.00, subject to the approval as to form by the City Attorney, and further does appropriate the sum of $3,500.00 from the Unallocated Appropriations Account #101-998, for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES : Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS : None. By Councilman Raymond, seconded by Councilman McCann, it was #29-71 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated January 12, 1971, approved by the Budget Office and approved for submission by the Mayor, wherein a request is made for the appropriation of the sum of $500.00 for the purpose of purchasing materials in order to convert one of the classrooms of the Pierson Elementary School into a central supply room for the Parks and Recreation Department, the Council does hereby authorize an increase in the Capital Outlay Account of the current budget, Account No. 596-970, in the afore- said amount to provide therefor. A roll call vote was taken on the foregoing resolution with the following result: AYES : Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #30-71 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated November 6, 1970, and the report and. recom- mendation from the Chief of Police dated January 8, 1.971 in connection therewith, the Council does hereby approve of the request from Vardon Enterprises, Incorporated, for a new Dance Permit to be held in conjunction with 1970 Class C License located at 30325 West Six Mile Road, Livonia, Michigan 48152, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission LA roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: None. 11859 By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, this 701st regular meeting of the Council of the City of Livonia was duly adjourned at 9:50 P. M., January 13, 1971. \‘ • ADDISON W. BAC' , f- 9y Cler! .