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HomeMy WebLinkAboutCOUNCIL MINUTES 1977-01-05 16045 MINUTES OF THE E:C-?IT HUNDRFD AND FIFTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 5, 1977, 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 04 P. M. . Councilman Brown delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Robert F. Nash, Jerry H. Brown, Jerry Raymond, Peter A. Ventura, Robert R. Bishop and Robert D. Bennett. Absent--None. Elected and appointed officials present Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney, Frances Stem, Acting Deputy City Clerk; Robert E. Osborn, Director of Public Works, Robert Turner, Police Chief, Jack Dodge, Director of Finance; G. E. Siemert, City Engineer, John Nagy, City Planner, Chella A. Lewis, Personnel Analyst I, and Tommy Mitchell of the Traffic Commission. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #1-77 RESOLVED, that the minutes of the 849th regular meeting of the Council of the City of Livonia, held December 15, 1976, are hereby approved. The following resolution was unanimously introduced, supported and adopted #2-77 WHEREAS, Patrick J. Duggan has been a resident of the City of Livonia for 13 years, and WHEREAS, he has served with distinction as President of the Livonia Jaycees, the Michigan Jaycees, the Livonia Chamber of Commerce and the Livonia Bar Association, and WHEREAS, he is a member of the Board of Directors of Madonna College and is past Chairman of the Board of Directors of the Livonia Family Y.M.C.A. , and WHEREAS, he has always been an active force for good in this com- munity, and WHEREAS, in recognition of his ability as a lawyer and his qualities of character and integrity, he has been appointed by the Governor of this State to serve as a Judge of the Wayne County Circuit Court, and 160+6 WHEREAS, the hQrior besto-Azd upon him is a source of pride to this community, NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Livonia do hereby take this means to congratulate Patrick J. Duggan upon reaching this milestone in his life, and to extend to him their best wishes for a long and successful career as a member of the judiciary. The next order of business to be considered by the Council was the resolutio,l introduced at the last meeting held on December 15, 1976, by Councilman Raymond and supported by Councilman Brown, which in Council Resolution No. 1055-76 was tabled for a roll call vote to this meeting and which resolution read as follows: RESOLVED, that the Council does hereby determine to rescind Council Resolution No. 1051-76, adopted on December 8, 1976, which resolu- tion approved a Class "C" License "above all others" for Picano Restaurant, Inc. By Councilman Bennett, seconded by Councilman Brown, it was RESOLVED, that the motion to rescind Council Resolution No. 1051-76 be amended so as to add the following As well as to rescind Council Resolution No. 763-73, which reaffirmed prior approval of the designation of a Class "C" License to Dominic Picano to be located at 36+71 Plymouth Road, and the Michigan Liquor Control Commission is to be informed of this action. By Councilman Ventura, seconded by Councilman Bishop, it was RESOLVED, that the motion to rescind be further amended so as to rescind the approval of all licenses previously designated "above all others" which licenses are not now in use. The President of the Council ruled both of the amendments out of order, and thereupon Councilman Brown challenged the ruling of the Chair. The gavel was passed to Councilman Ventura. A roll call vote was then taken with the following result wherein an "aye" vote upheld the ruling of the Chair and a "nay" vote would support the challenge. AYES Raymond, McCann, Nash and Ventura. NAYS: Brown, Bishop and Bennett. 16047 The President of the Council, upon the upholding of the Challenge to the Chair, resumed the Chair and a roll call vote was taken on the original resolution with the following result• AYES **Raymond, Bennett and Nash. NAYS: *Brown, Ventura, Bishop and McCann. The President declared the motion to rescind Council Resolu.dion No. 1051-76 DENIED. *Councilman Brown made the following statement I sincerely believe that the motion to rescind is merely a ruse to circumvent the veto of the Mayor. **Councilman Raymond made the following statement. I believe, along with the Mayor that the issuance of a Liquor License should have a minimum of four votes to confirm the same. The Mayor stated he would have no objection if the recipient of the license would operate the establishment - Mr. Castle has stated he would operate the restaurant and he was the owner of all the stock of Picano, Inc. The veto by the Mayor of Council Resolution No. 1051-76, which approved the issuance of a Class "C" License "above all others" for Picano Restaurant, Inc. , to be located at 29505 Plymouth Road, Livonia, Michigan, was received and filed. No action was taken by the Council, therefore, the veto of the Mayor was sustained. By Councilman Bennett, seconded by Councilman Bishop, it was #3-77 RESOLVED, that the Council does hereby determine to rescind Council Resolution No. 763-73, which resolution reaffirms approval for the issuance of a Class "C" License for Dominic Picano "above all others" at 36471 Plymouth Road, Livonia, Michigan, and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that the foregoing resolution which would rescind Council Resolution No. 763-73, be tabled to the next regular meeting. A roll call vote was taken on the motion to table, with the following result• AYES. Raymond and Ventura. NAYS. Brown, Bishop, Bennett, Nash and McCann. The President declared the motion to table, DENIED. 16o48 A roll call vote was taken on the original resolution with the following result: IlarAYES• Brown, Bishop, Bennett and Nash. NAYS: Raymond, Ventura and McCann. The President declared the resolution adopted. The Annual Report of the City of Livonia for the fiscal year 1975-76, transmitted by the Mayor under date of December 29, 1976, was received and filed for the information of the Council. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance. AN ORDINANCE AMENDING CHAPTER 9 (PARKS AND PLAYGROUNDS) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING PARAGRAPH (oo) TO SECTION 5-901 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result: LAYES• Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Bennett, seconded by Councilman Bishop, it was #4-77 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated December 1, 1976, approved by the Director of Finance and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Colony Chrysler-Plymouth, Inc. , 111 West Ann Arbor Road, Plymouth, Michigan, for supplying the City with two 4- door sedans for the total net price of $8576.58 ($8676.58 less trade of $100.00), and the bid of Tennyson Chevrolet, Inc. , 32570 Plymouth Road, Livonia, Michigan 48150, for supplying the City with one Van Truck for the total net price of $4828.18 ($4953.18 less trade of $125.00), such bids having been in fact the lowest received with respect to these items and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result: LAYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS• None. 16049 By Councilman Bishop, seconded by Councilman Ventura, it was lir ft 5-77 RESOLVED, that having considered the recommendation dated November 19, 1976 from the City Engineer, w:lich bears the s_?nature of the Finance Director, is approved by the Director of Public Works and is approved for submission by the Mayor, and to which is attached a copy of a letter dated November 18, 1976 from the Engineer of Traffic and Safety of the Board of Wayne County Road Commissioners, with regard to the instal- lation of a traffic control signal device to be located on Merriman Road at Curtis Avenue in the City of Livonia, the Cownr!il does hereby agree to and approve of the City of Livon.La participating in the actual cost of installation and in the future maintenance, including electrical energy charges of the aforesaid traffic signal control device to the extent of 50%, the total estimated cost of such installation being in the amount of $5940.00, and the City's estimated cost of participation being in the amount of $2970.00; and, further, the Council does hereby appro- priate and authorize the expenditure of a sum not to exceed $2970.00 from Motor Vehicle Highway Fund Receipts (Major Road Account) for this purpose; and the Mayor and City Clerk are hereby authorized to execute for and in behalf of the City of Livonia the proposed cost agreement submitted with regard to this matter, and, further, the City Clerk is hereby requested to send a certified copy of this resolution to the Board of Wayne County Road Commissioners, to the attention of the Engineer of Traffic and Safety. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. The communications from the Department of Law, Engineering Division and Department of Assessment, in response to Council Resolution No. 750-76 (Deferment of Special Assessments for Senior Citizens-House Bill No. 4047), were.•received and filed for the information of the Council. *Councilman Brown was excused at 8:45 p. m. By Councilman Ventura, seconded by Councilman Bishop, it was #6-77 RESOLVED, that having considered the report and recommendation dated December 2, 1976 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No. 8 of Council Resolution 803-75 adopted on September 24, 1975, and subsequently amended by Council Resolution 97-76 adopted on February 4, 1976, so as to further reduce the Financial Assurances now on deposit with the City for General Improvements in the Compton Square Estates Subdivision to $19,000.00, of which $1,500.00 shall be in cash, to cover the cost of remaining improvements in said subdivi- sion, and the Financial Assurances now on deposit with the City, if any, 16050 shall be reduced accordingly; further, the Financial Assurances now on deposit with t..e City Jnr Sidewalk Improvements shall remain the same and unchanged, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to uhe full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES• Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #7-77 RESOLVED, that having considered a communication from certain residents of the Valley Wood Apartments, received by the Office of the City Clerk on December 2, 1976, wherein a request is made for the installa- tion of a traffic control signal device to be installed on Middlebelt Road at the Valley Wood Apartments, the Council does hereby determine to refer the same to the Traffic Commission for its report and recommenda- tion. By Councilman Ventura, seconded by Councilman Raymond, it was 48-77 WHEREAS, Act 40, Chapter 20, Section 478 of the Public Acts of the State of Michigan of 1956, as amended, provides the method and manner that Livonia Drain No. 34 Drainage Board may relinquish jurisdiction and control to a city of a drainage district and drain under their jurisdic- tion and control, upon which there is no outstanding indebtedness or contract liability and which district and drain is located within the boundaries of a city, and WHEREAS, it has been determined that there is no outstanding indebtedness or contract liability on the Livonia Drain No. 34 Drainage District, located in the City of Livonia, and WHEREAS, this concurrence and resolution is necessary and in compliance of Act 40, Chapter 20, Section 478 of the Public Acts of the State of Michigan of 1956, as amended, and in the best interest of the public health, safety and welfare of the citizens of the City of Livonia, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia hereby requests and petitions the Livonia Drain No. 34 Drainage Board to relinquish jurisdiction of the Livonia Drain No. 34 to the City of Livonia and Livonia Drain No. 34 Drainage District, and BE IT FURTHER RESOLVED, that the City Council of the City of Livonia on behalf of the City of Livonia, hereby agrees that upon transfer of said jurisdiction of the Livonia Drain No. 34 Drainage District and Livonia Drain No. 34, it shall assume the maintenance, jurisdiction, control and operation of the Livonia Drain No. 34, and 16051 BE IT FURTHER RESOLVED, that this resolution be presented to Charles N. Youngblood. Wayne Cou' Ly Drain Cornrissioncr, and Chairman of the Livonia Drain No. 34 Drainage Board, for further action and considera- tion and for the return of any surplus moneirs in the drain fund of said drainage district, pursuant to the provisions of Section 478 of Chapter 20 of Act 40 of the Public Acts of the State of Michigan of 1956, as amended. (M.S.A. 11.1478) (M.C.L. 1970, Sec. 20.478). A roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #9-77 RESOLVED, that having considered a communication dated June 17, 1976 from the City Planning Commission, which sets forth its resolution 6-86-76 with regard to Petition 76-4-1-17 submitted by the City Planning Commission, pursuant to Council Resolution 167-76, for a change of zoning on property located on the south side of Six Mile Road between Merriman and Middlebelt Roads in the N.W. 1/4 of Section 14, from C-1 to P, and the Council having conducted a public hearing with regard to this matter on September 13, 1976 pursuant to Council Resolution 598-76, the Council does hereby determine to refer this matter to the Committee of the Whole for further consideration at a meeting to be conducted on January 19, 1977 at 7.00 P. M. *Councilman Brown returned at 8.47 p. m. By Councilman Bishop, seconded by Councilman Nash, it was *10-77 RESOLVED, that having considered a communication from the City Planning Commission, dated December 9, 1976, which transmits its resolu- tion 11-240-76 with regard to Petition 76-11-8-25 submitted by Weber Janitor Supply, requesting site plan approval in connection with a pro- posal to construct an addition to an existing building located on the south side of Plymouth Road between Harrison and Garden in Section 36, for conversion to a retail store, pursuant to the provisions set forth in Section 18.47 of Ordinance No. 543, as amended, the Council does hereby determine to concur in the recommendation of the Planning Commission and Petition 76-11-8-25 is hereby approved and granted, such approval to be based upon the same conditions as those set forth in the aforesaid recom- mendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS• None. 16052 By Councilman VentLra, seconded by Councilman Bennett, and unanimously adopted, it was #11-77 RESOLVED, that having considered a communication dated December 2, 1976 from Michael Vorgitch, which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zuning Ordinance, takes an appeal from a determination made on November 23, 1976 by the City Planning Commission in its resolutions 11-238-76 and 11-239-76 with regard to Petition 76-10-8-21P submitted by Michael Vorgitch requesting approval of all plans required by Section 18.58 of Ordinance 543, in connection with a proposes to construct commercial stores on the southwest corner of Ann Arbor Road and Knolson in Section 31, the Council does hereby desig- nate Monday, February 14, 1977, at 8.00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #12-77 RESOLVED, that having considered a communication from the Planning lie Director, dated December 14, 1976, and submitted pursuant to Council Resolution 739-76, with regard to certain parcels of property which have reverted to the State of Michigan through non-redemption of 1975 tax sales, the Council does hereby determine to refer the same to the Capital Improvement Committee for its report and recommendation. By Councilman Raymond, seconded by Councilman Bishop, it was #13-77 RESOLVED, that having considered a communication from the Community Development Coordinator, dated December 1, 1976, approved by the Finance Director and approved for submission by the Mayor, with regard to the funding required in the process of issuing proceed orders for contractors to perform rehabilitation work on homes in the project area established under the Community Development Program, the Council does hereby appro- priate and authorize to be expended the sum of $20,000.00 from the Unex- pended Fund Balance Account in order to serve as an advance in the payment of Contractor's invoices in the manner and for the purpose recited in the aforesaid communication, it being the understanding of the Council that the aforesaid money will be reimbursed to the City from funds received from HUD under the Community Development Program, and the City Clerk and City Treasurer are hereby requested to do all things necessary or inci- dental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. 1160 AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. 16053 By- Councilman Bishop, seconded byCouncilman Raymond, and unanimously adopted, it was #14-77 RESOLVED, that having considered the retort and recommendation of the Fire Marshal and the Fire Chief, dated Decerber 7, 1976, approved for submission by the Mayor, and submitted pursuant to Council Resolution 989-76 adopted on November 23, 1976, relative to certain recommendations regarding the installation of fire protection devices and smoke detectors in substandard houses under the rehabilitation program established by the Community Development Program, the Council does herby determine to approve of the same and requests that these recommendations be incorporat- ed, into the Loan and Grant Manual, and in this regard, requests that the Loan and Grant Committee do all things necessary or incidental to the full performance of this resolution. By Councilman Nash, seconded by Councilman Brown, it was #15-77 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated December 1, 1976, approved for submission by the Mayor, with regard to a request from Ms. Lidia D. Veri, 36714 Bennett, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, 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 of Tax Item No. 46 007 99 0021 000 (02M13ala, L2bl) 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. Parcel A The West 178.50' of a parcel described as the North 83' of the South 1320' of the West 442.50' of the S.W. 1/4 of Sec. 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the East 30' and West 60' thereof. and Parcel B The East 174' of a parcel described as the North 83' of the South 1320' of the West 442.50' of the S.W. 1/4 of Sec. 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the East 30' and West 60' thereof. as shown on the map attached to the aforesaid communication which is made a part hereof by 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 Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. 16054 ry Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #16-77 RESOLVED, that the Council does hereby request that the City Planning Commission review the status of the zoning classifications of property (RUF) bounded by Seven Mile Road, Pembroke Avenue, Merriman Road and Merriman Court, in Section 2, and to the extent deemed advisable initiate a Petition to effect a zoning change which would reflect development patterns which exist in this neighborhood. By Councilman Nash, seconded by Councilman Brown, it was #17-77 RESOLVED, that having considered a communication from the Depart- ment of Assessment, dated December 14, 1976, approved for submission by the Mayor, with regard to a request from James A. Dawson and Esther Dawson, 30871 Greenland, Livonia, Michigan 48154, and in accordance with the provisions of 1967 PA 288, 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 of Tax Item No. 46 054 01 0059 000 (14c59) 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* Parcel A South 130 ft. of Lot 59, Bell Creek Estates part of the N. W. 1/4 of Section 14, T. 1 S. , R. 9 E. , Livonia Township (now City of Livonia), Wayne County, Michigan. Rec'd. L. 67 P. 33 Plats, W.C.R. and Parcel B Lot 59, except South 130 ft. thereof, Bell Creek Estates part of the N. W. 1/4 of Section 14, T. 1 S. , R. 9 E., Livonia Zbwnship (now City of Livonia), Wayne County, Michigan. Recd. L. 67 P. 33 Flats, W.C.R. as shown on the map attached to the aforesaid communication which is made a part hereof by 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: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was 16055 '18-77 RESOLVED, that the Council does hereby request that the City Planning Commission rc-riew the status of the zoning classification of property (RUF) situated in the area of Puritan Avenue and Greenland in Section 14, and to the extent deemed advisatle initiate a petition to eff%:ct a zoning crange which would reflect development patterns which exist in this neighborhood. By Councilman Raymond, seconded by Councilman Nash, it was #19-77 RESOLVED, that having considered a communication from the Person- nel Director, dated November 3, 1976, approved by the Finance Director and approved for submission by the Mayor, and which transmits a resolution adopted by the Civil Service Commission on October 21, 1976 wherein it is recommended that amended proposed guidelines for reimbursement to City employees for broken eyeglasses be established, the Council does hereby determine to concur in and approve of such action, further, the Council does hereby determine to appropriate and authorize the transfer of the sum of $400.00 from the Unexpended Fund Balance Account to Account No. 220-756-010.000 for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES• Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, it was #20-77 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation, dated April 13, 1976, approved by the Finance Director and approved for submission by the Mayor, with regard to the reimbursement to two City employees whose eyeglasses were broken in on-the-job accidents, the Council does hereby determine to authorize the payment of the sum of $78.00 to Eugene Bonk, 19498.Osmus, Livonia, and the sum of $12.48 to Al Martin, and for this purpose the Council does hereby appropriate the sum of $90.48 from the Unexpended Fund Balance Account, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Ventura, it was #21-77 RESOLVED, that having considered a communication from the City Clerk, dated December 16, 1976, which indicates that Curtis Building Company, 25950 Five Mile Road, Livonia, Michigan 48154, proprietor of Sheffield Subdivision, situated in the N. W. 1/4 of Section 9, has deliver- ed final true plats to the City Clerk and requested that said plat be presented to Council for final approval, and the Council having received 16056 a communication from the City Planning Commission, dwted December 15, 1976, wherein said Coninission approves the final plat for the said subdi- vision in its resolution 12-256-76 adopted on December 7, 1976; and the Cou:ieil having corsidered a report from the City Engineer, dated December 6, 1976, recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution 792-75 adopted on September 24, 1975, said preliminary plat having been recommended for approval by the City Planning Commission on October 2, 1973 in its resolution 10-245-73, which approval was subsequently extend- ed for a period of one year by the City Planning Commission on April 29, 1975 in its resolution 4-81-75; now, therefore, the Council does hereby determine to grant its approval to the final plat of Sheffield Subdivi- sion, located in the N. W. 1/4 ofSection 9, City of Livonia, Wayne County, Michigan, as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia, and further, the City Clerk is hereby requested to do all things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS. None. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was *22-77 RESOLVED, that having considered a communication from the Michi- gan Liquor Control Commission, dated November 30, 1976, with regard to an application by Great Lakes Food, Inc. to transfer ownership of 1976-1977 SDM-SDD licensed business from Elias Bros Super Market, Inc., located at 30805 Plymouth Road, Livonia, Michigan, the Council does hereby refer the same to the Inspection Bureau for its report and recommendation. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was x#23-7'7 RESOLVED, that having considered a communication from the Michi- gan LiquorControl Commission, dated August 16, 1976, with regard to an application submitted by Elmer A. Reeves, Gloria K. Reeves, Raymond V. Thibault and Helen E. Thibault for a new SDM license to be located at 15210 Middlebelt Road, Livonia, Michigan, the Council does hereby deter- mine to refer this matter to the Bureau of Inspection for its report and recommendation. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was 16057 ;1,24-77 RESOLVED, that having considered a communication from the Michi- gan Liquor Control Commission, dated November 18, 1976, with regard to an application submitted by Harry Smaller for a new SDM license to be located at 28350 Joy Road, Livonia, Michigan, the Council does hereby refer the same to the Bureau of Inspection for its report and recommenda- tion. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #25-77 RESOLVED, that having considered a communication from the Michi- gan Liquor Control Commission, dated November 19, 1976, with regard to an application by Farid Mfarreh to transfer ownership of 1976-77 SDM license from Irene Harb, located at 27845 W. Seven Mile Road, Livonia, Michigan, the Council does hereby refer the same to the Burea of Inspec- tion for its report and recommendation. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #26-77 RESOLVED, that having considered a communication from the Michi- gan Liquor Control Commission, dated November 9, 1976, with regard to an application by Manuel G. Quashat to add as partners on 1976-77 SDM license Robert G. & Steven G. Quashat, located at 27720 Joy Road, Livonia, • Michigan, the Council does hereby refer the same to the Bureau of Inspec- tion for its report and recommendation. By Councilman Ventura, seconded by Councilman Bennett, it was #27-77 RESOLVED, that having considered a communication from the Livonia Housing Commission, dated December 8, 1976, approved for submission by the Mayor, which transmits its Resolution No. 24-76 adopted on December 7, 1976, the Council does hereby determine to approve a cost-of-living increase for the position of Executive Director-Accountant in the amount of $.52 per hour commencing on and after December 1, 1974, a cost-of- living increase in the amount of $.34 per hour commencing on and after December 1, 1975, and a salary increase in the amount of $.25 per hour commencing on and after December 1, 1976, the action herein being taken to be effective only for and through the period ending November 30, 1977, and to the extent required to be consistent with the action taken herein, Council Resolution 56-76 is hereby amended and revised. A roll call vote was taken on the foregoing resolution with the following result: AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS. None. By Councilman Bennett, seconded by Councilman Bishop, it was 16058 -28-77 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 161 for the proposed improvement of Alexander Avenue, Sunnydale to Broadmoor, in the So».thwest 1/4 of Section 13, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, on the basis of improving the westerly portion of this street with a 15-1/2 foot wide concrete pavement (Alternate I) and complet- ing the existing one-half pavement on the east side of Alexander immediate- ly north of Broadmoor, 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 December 13, 1976, 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 said street improvement to be constructed in Special Assessment District No. 161; 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 October 14, 1976, in the amount of $22,280.00, are fair and equitable and based upon benefits to be derived by construction of improve- ments 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. 161 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 the rate of eight (8%) per cent per annum on the unpaid balance of the assessment from the date of confirmation. Said interest shall be payable on each installment due date, provided, however, that after the issuance of bonds to be issued in anticipation of the collec- tion of the unpaid assessments on the said special assessment roll, said rate of interest shall be adjusted to a rate which is not more than one (1%) per cent above the average rate of interest borne by said bonds. In such cases where the instal- ments 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, 1977 and sub- sequent 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 assessment roll, and the said as- sessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by 16059 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, 1977 pay the whole or any part of the assessment without interest or penalty, (5) The first installment shall be spread upon the 1977 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, 1977, and thereafter one (1) installment shall be spread upon each annual tax roll together with one CO year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner pro- vided 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 un- paid installments, (6) The City Council having determined to pay a portion of the cost (15%o) of said improvement within the said district in the sum of $3,342.00, and the same is hereby appropriated and authorized to be expended from Motor Vehicle Highway Fund (Local Road Account) to cover the City's cost of said installa- tion. A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS. None. By Councilman Bishop, seconded by Councilman Brown, it was ##29-77 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 162, more particularly described in Council Resolution 706-76 adopted on August 25, 1976, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed on Cavell Avenue, between Plymouth Road and West Chicago in the Northeast 1/4 of Section 36, City of Livonia, Wayne County, Michigan, in said Special Assessment District no. 162; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No. 162 Roll are fair and equitable and 16060 based upon benefits derived in said district, in accordance with the plans low of the City En jneer andresolutions of the City Council, and Special Assessment Roll No. 162 based on installation of ornamental poles and underground wiring is hereby approved and confirmed in all respects, pursuant to the provisions of Section 2-51.3 of the Livonia Code of Or- dirances, as amended, the City Clerk shall endorse the date of confirma- tion on the assessment roll and the assessment roll shall then be im- mediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordi- nances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS• None. By Councilman Ventura, seconded by Councilman Raymond, it was #30-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 12, 1976, pursuant to Council Resolution 273-76 adopted on April 7, 1976, 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 installation of ornamental street lights with underground wiring in Currie Court Indus- trial Subdivision, located in the N. W. 1/4 of Section 29, City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on August 2, 1976, pursuant to Council Resolution 482-76, 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. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Ventura, Bennett, Nash and McCann. NAYS: Brown and Bishop. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Bishop, it was #31-77 RESOLVED, that having considered a communication dated September 27, 1976 from the City Planning Commission which sets forth its Resolution 9-166-76 with regard to Petition 76-6-6-2 submitted by the City Planning Commission on its own motion to amend Section 23.07 of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, so as to provide protest provisions consistent with State law, and the Council having conducted a 16061 public hearing with regard to this matter on December 13, 1976, pursuant to Council Re,,olution 87 .-76, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 76-6-6-2 is hereby approved and granted, and the Departnent 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: Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Bishop, it was #32-77 RESOLVED, that having considered a communication dated September 28, 1976 from the City Planning Commission which sets forth its Resolution 9-167-76 with regard to Petition 76-6-6-3 submitted by the City Planning Commission, pursuant to Council Resolution 344-76, to amend Section 18.58 of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, with regard to the matter of conducting public hearings in connection with the waiver use, site plan and conditional use provisions, and the Council having conducted a public hearing with regard to this matter on December 13, 1976, pursuant to Council Resolution 874-76, the Council does hereby determine to refer this matter to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS• None. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #33-77 RESOLVED, that having considered a communication dated September 27, 1976 from the City Planning Commission which sets forth its Resolution 9-169-76 with regard to Petition 76-8-6-7 submitted by the City Planning Commission on its own motion to amend Section 10.02(b), Permitted Uses, of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, so as to provide standards for determining use of bakeries, ice cream stores, etc. as restaurants in C-1 zoning districts, and the Council having con- ducted a public hearing with regard to this matter on December 13, 1976, pursuant to Council Resolution 874-76, the Council does hereby determine to refer this matter to the Legislative Committee for its report and recommendation. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was 16062 X34-77 RESOLVED, that having considered a commurication dated September 28, 1976 from the City Planning Commission which sets forth its Resolution 9-170-76 with regard to Petition 76-8-6-8 submitted by the City Planning Co:rr:ission on its own motion to amend Section 11 03(c), Waiver Uses, of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, so as to more clearly define the term "restaurant" in C-2 zoning districts, and the Council having conducted a public hearing with regard to this matter on December 13, 1976, pursuant toCR487446 does hereby determine to refer this matter to the Legislative Committee for its report and recommendation. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #35-77 RESOLVED, that having considered a communication dated September 27, 1976 from the City Planning Commission which sets forth its Resolution 9-168-76 with regard to Petition 76-8-6-6 submitted by the City Planning Commission on its own motion to amend Section 2.08, Definitions of Terms Relating to Commercial Buildings and Uses, of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, so as to provide the definition of Ice Cream Parlor, and the Council having conducted a public hearing with regard to this matter on December 13, 1976, pursuant to Council Resolution 874-76, the Council does hereby determine to refer this matter to the Legislative Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Bishop, and unanimously adopted, it was #36-77 RESOLVED, that having considered a communication dated September 28, 1976 from the City Planning Commission which sets forth its Resolution 9-171-76 with regard to Petition 76-8-6-9 submitted by the City Planning Commission, pursuant to Council Resolution 489-76, to amend paragraph (e) of Section 11.02, Permitted Uses, so as to include coin-operated amusement devices or pinball machines as accessory uses in bowling alleys, billiard parlors and poolhalls, and the Council having conducted a public hearing with regard to this matter on December 13, 1976, pursuant to Council Resolution 874-76, the Council does hereby determine to refer this matter to the Legislative Committee for its report and recommendation. By Councilman Brown, seconded by Councilman Nash, it was #37-77 RESOLVED, that having considered a communication dated September 28, 1976 from the City Planning Commission which sets forth its Resolution 9-172-76 with regard to Petition 76-8-6-10 submitted by the City Planning Commission, pursuant to Council Resolution 429-76, to amend Section 10.02, Permitted Uses, so as to delete S.D.D. Licenses from the C-1 zoning district, and Section 10.03 and Section 11.03, so as to add S.D.D. Licenses as waiver uses in the C-1 and C-2 zoning districts, and the Council having conducted a public hearing with regard to this matter on December 13, 1976, pursuant to Council Resolution 874-76, the Council does hereby concur in the recommendation of the Planning Commission and the said 16063 Petition 76-8-6-10 is hereby approved and granted, and 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. Brown, Bishop, Nash and McCann. NAYS: Ventura, Raymond and Bennett. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Ventura, it was #38-77 RESOLVED, that having considered a communication dated October 8, 1976 from the City Planning Commission which sets forth its Resolution 9-179-76 with regard to Petition 76-7-1-28 submitted by R. William and Paula Filen Joyner for a change of zoning on property located on the west side of Gill Road, north of Curtis in the Northwest 1/4 of Section 9, from RUFB to R-3, and the Council having conducted a public hearing with regard to this matter on December 13, 1976, pursuant to Council Resolu- tion 925-76, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 76-7-1-28 is hereby approved and granted; and the City Planner is hereby instructed to cause the neces- sary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, Imm 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. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS: None. Councilman Bennett gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 31 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNDWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE:' PETI- TION 76-2-1-6 FOR CHANGE OF ZONING FROM C-2 TO R-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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. 16o64 Councilman Bishop gave first reading to the following Ordinance. L AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITLD AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO. RE: PETITION 76-6-1-20 FOR CHANGE OF ZONING FROM RUF TO C-2. 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 foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 36 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 PETI- L. TION NO. 76-6-1-21 FOR CHANGE OF ZONING FROM C-2 TO RUF. 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 foregoing 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 33 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 76-6-1-26 FOR CHANGE OF ZONING FROM RUF TO P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinance in the office of the City Clerk, and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. 16065 Dy Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #39-77 RESOLVED, that having considered a communication dated December 8, 1976 from Jay A. Bielfield, attorney for John Maxwell, which in accord- ance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on December 7, 1976 by the City Planning Commission in its Resolution 12-248-76 with regard to Petition 76-9-2-18 submitted by John Maxwell requesting permission to construct a Bonanza Family Style Restaurant as a waiver use on property zoned C-2 and located on the north side of Plymouth Road between Merriman and Farmington Roads in the Southeast 1/4 of Section 27, the Council does hereby designate Monday, February 14, 1977, at 8 00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordi- nance of the City of Livonia. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #40-7/ RESOLVED, that having considered a communication dated December 16, 1976 from Betty Sanders which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on December 14, 1976 by the City Planning Commission in its Resolution 12-258-76 with regard to Peti- tion 74-12-8-48P submitted by A. S. Dorchen requesting approval of all plans required by Section 18.58 in connection with a proposal to construct a new retail building on the south side of Ann Arbor Road between Ann Arbor Trail and Hix Road in Section 31, the Council does hereby designate Monday, February 14, 1977, at 8.00 P. M. as the date and time for conduct- ing a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #41-77 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125.584), as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the Ci[y of Livonia on Monday, February 14, 10T7, at 8 00 P. M. at the Livo-1.a City Hall, 33001 Five Mile Road, Livonia, Michi, on, with respect to the following items 16066 (1) Petition 76-10-1-33, submitted by the City Planning Commission on its own motion for a change of zoning of property located on the north side of Broadmoor between Middlebelt Road and Harrison in the Southwest 1/4 of Section 13, from RUF to P.L., the City Planning Commission having in its resolution 11-213-76 recom- mended to the City Council that Petition 76-10-1-33 be approved, (2) Petition 76-10-1-34, submitted by the City Planning Comuission on its own motion for a change of zoning of property located on the south side of Puritan Avenue between Henry Ruff and Middlebelt Roads in the South- east 1/4 of Section 14, from RUF to P.L., the City Planning Commission having in its resolution 11-214-76 recommended to the City Council that Petition 76-10-1-34 be approved, (3) Petition 76-10-1-36, submitted by the City Planning Commission on its own motion for a change of zoning of property located on the north side of Lyndon between Middlebelt Road and Harrison in the Northwest 1/4 of Section 24, from RUF to P.L., the City Planning Commis- sion having in its resolution 11-215-76 recommended to the City Council that Petition 76-10-1-36 be approved, (4) Petition 76-10-1-37, submitted by the City Planning Commission on its own motion for a change of zoning of property located on the south side of Lyndon between Harrison and Inkster in the South 1/2 of Section 24, from R-1-A to P.L., the City Planning Commission having in its resolution 11-216-76 recommended to the City Council that Petition 76-10-1-37 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 (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City of a news- paper 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 givenby registered mail to each public utility company and to each railroad company owning or operating any public utility or rail- road within the districts or zones affected, and further, theCity Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. 16067 7y Councilman Ventura, seconded by Councilman Bishop, it was h42-77 RESOLVED, that having considered a communication from the Department of Law, dated December 20, 1976, transmitting for acceptance a Gant of Easement executed on November 23, 1976 by Thurman W. Autry and Lillian E. Autry, his wife, granting A 20 ft. easement for utility purposes over and across a part of Lot 822 and 823 of Supervisors Livonia Plat No. 14 of part of the N. 1/2 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Beginning at a point on the West line of said Lot 822, distant N. 0° 41' 44" E., 266.04 ft. from the S.W. corner of said Lot 822; thence S. 89° 18' 16" E., 146.90 ft. to a point on a curve on the West end of Autry Avenue, thence Northerly along the West end of Autry Avenue, on a curve to the right 21.79 ft. measured along the arc of said curve to a point, said curve having a radius of 70.00 ft. and a central angle of 17°50'12", thence N. 89° 18' 16" W., 251.36 ft to a point on the West line of said Lot 823, thence S. 0° 41' 44" W. , 431.00 ft. along said West line to a Point, thence S. 89° 18' 16" E., 99.98 ft. to a point on the West line of said Lot 822, thence N. 0° 41' 44" E., 20.00 ft. along said West line to a point, thence N. 89° 18' 16" W., 79 98 ft. to a point; thence N. 0° 41' 44" E. , 391.00 ft. to a point, thence S. 89° 18' 16" E. 79.98 ft. to the point of beginning. Imp 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 per- formance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES• Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS• None By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #43-77 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, 1977 Wednesday, February 2, 1977, and Wednesday, February 16, 1977. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was 16o68 '14-77 RESOLVED, that the Council does hereby sLspend txeir rules for procedure as outlined in Council Resolution #337-)6, so as to permit consideration of several items that do not appear on the agenda. By Councilman Raymond, seconded by Councilman Ventura, it was #x+5-77 RESOLVED, that having considered a communication from the Mayor dated January 5, 1977, with regard to a communication from the Assistant Secretary for Economic Development, United States Department of Commerce, dated, December 30, 1976, to which is attached an offer of grant in the amount of $4,840,000.00 (Project No. 06-51-01400) for the construction of a civic center municipal building, including modification of the City Hall, the Council does hereby determine to authorize Mayor Edward H. McNamara for and in behalf of the City of Livonia to affix his signature as accepting official to the said grant, further, the Council does hereby authorize the designation of the Michigan National Bank - Metro West as the Depository for Grant Funds in connection with this project, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES. Brown, Raymond, Ventura, Bishop, Bennett, Nash and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated December 30, 1976, with regard to an application from Attorney Eugene Driker, 21st Floor First Federal Building, 1001 Woodward Avenue, Detroit, Michigan, submitted in behalf of Al Green's On the Hill, Inc. , for a new Class "C" License to be located in the Wonderland Shopping Center on the northwest corner of Plymouth and Middle- Roads, Livonia, Michigan, the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request "above all others, " such approval being subject to and conditioned upon compliance by the applicant with the following conditions 1. That the license will be put to use within the City of Livonia within 2 years from the date of issuance by the Michigan Liquor Control Commission. 2. That the license will be used at the location indicated by the applicant in accordance with plans and other com- munications submitted to the Council. 3. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 4. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. 5. That a police report will be submitted to the Council. 16069 In the event that the aprlicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked except to the extent that the applicant may be permitted to seek modification of condition No. 2 above, upon approval of such modification by the City Council based upon a show- ing of good cause, and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commis- sion. By Councilman Bennett, seconded by Councilman Brown, it was #46-77 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated December 30, 1976, with regard to an application from Attorney Eugene Driker, 21st Floor First Federal Building, 1001 Woodward Avenue, Detroit, Michigan, submitted in behalf of Al Green's On the Hill, Inc., for a new Class"C" License to be located in the Wonderland Shopping Center on the northwest corner of Plymouth and Middle- belt Roads, Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the Committee of the Whole for its consider- ation along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Bishop, Bennett and Nash. NAYS: Raymond, Ventura and McCann. The President declared the resolution adopted By Councilman Bennett, seconded by Councilman Nash, and unanimously adopted, it was #47-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 8, 1976 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 3, 1977 after due notice as required by Section 2-507 of said Code, and careful con- sideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code. (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Cherokee Trail Subdivision, located in the S.W. 1/4 of Section 33, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property es- pecially benefited in proportion to the benefits derived or to be derived; 16070 (3) approve the plans and specifications for the improvemut as set forth in said statement dated November 8, 1976, (4) determine that the cost of such improvement shall be paid by special assessment rupon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said state- ment, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows• A special assessment district located in the S. W. 1/4 of Section 33, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as Lots 1 through 41, both inclusive, of Cherokee Trail Subdivision. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said state- ment as prepared by the City Engineer, dated November 8, 1976, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. By Councilman Nash, seconded by Councilman Bishop, it was #48-77 RESOLVED, that having considered a communication from the Director of Public Works, dated January 3, 1977, approved for submission by the Mayor, wherein it is recommended that consideration be given to a proposal set forth in a communication dated December 3, 1976 submitted by Robert Curran of A. .J. Etkin Construction Company, for the sale to the City of an existing building located at 13405 Surrey Avenue, adjacent to the D.P.W. yard, on the contemplated basis of its construction being completed for use as an equipment maintenance facility, which proposal includes 32 additional features, the existing building, plus improved land, for the lump sum price of $476,000.00, the Council does hereby determine to authorize the Department of Law to employ an expert Real Estate Appraiser for the purpose of ascertaining the fair market value of this property, as is, and also its completed value, based upon the proposal submitted by A. J. Etkin Construction Company, further, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $1300.00 from the Unexpended Fund Balance Account for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. 16.71 L A roll call vote was taken on the foregoing resolution with the following result. AYES. Brown, Raymond, Bishop, Bennett, Nash and. McCann. NAYS Ventura. The President declared the resolution adopted. On motion of Councilman Brown, seconded by Councilman Ventura, and unanimoully adopted, this 850th Regular Meeting of the Council of the City of Livonia was duly adjourned at 9:55 P. M., January 5, 1977. (7.-:jer-4 :41./.7:420-42 ADDISOrligyON, CITY CLERK. L L