Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1972-10-25 13290 MINUTES OF THE SEVEN HUNDRED FORTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 25, 1972, 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 8:09 P. M.. Councilman Brown delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Rudolf R. Kleinert, Director of Public Safety-Fire; Daniel Gilmartin, Industrial Coordinator; Richard Jones, Superintendent of Operations Division; Jack Dodge, Budget Director; John Nagy, City Planner; Robert Osborn, Director of Public Works; John Dufour, Superintendent of Parks and Recreation; John Bunk, Acting Fire Chief; Theodor Krauss, Personnel Analyst; G. E. Siemert, City Engineer, Daniel Andrew, Planning Commission; Francis Hand, Planning Commission; and Michael Reiser of the Water and Sewer Board. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #933-72 RESOLVED, that the minutes of the 745th regular meeting of. the Council of the City of Livonia, held October 11, 1972, are hereby approved. By Councilman Ventura, seconded by Councilman McCann, it was #934-72 RESOLVED, that the Council hereby determines to amend the Annual Budget for the fiscal year as submitted by the Mayor, to add thereto the necessary funds to provide for the modifications in the "Schedule of Budget Modifications" referred to herein as Supplemental Sheet "A" annexed to said Budget, and that the complete Budget for the next fiscal year com- mencing December 1, 1972, and ending November 30, 1973, as submitted by the Mayor to the Council on September 13, 1972, pursuant to Section 3, Chapter VII of the City Charter, and as revised by the City Council, be and hereby is determined and adopted and appropriations made as provided by the City Charter; that all proceedings on said budget be and hereby are approved as being in full conformance with the City Charter, a public hear- ing having been held on October 25, 1972; after proper notice being publish- ed in the Livonia Observer, the official newspaper of the City, on October 11, 1972; and provided further, that the City Clerk shall publish or cause to be published this resolution together with a summary of said budget as adopted herein, together with the minutes of this meeting. 13291 City of Livonia LModified General Fund Budget Fiscal Year Ending November 30, 1973 ESTIMATED REVENUES APPROPRIATIONS Property Taxes $5,220,607 Legislative $ 171,370 Interest on Delinquent Taxes 5,637 Judicial 278,386 Business License and Permits 35,450 Executive 58,474 Non-Business License and Permits 314,400 Election 78,173 Federal Grants - Public Safety 101,771 Financial & Administration 649,041 State Shared Revenue 3,074,524 Other General Government 305,911 Charges for Services 259,950 Public Safety 4,939,426 Charge for Services - Use and Protective Inspection 336,901 Admissions 12,000 Other Protective 38,423 Fines and Forfeits 400,000 Highways, Streets & Bridges 1,176,050 Miscellaneous 7,000 Other City Services 60,372 Interest Earnings 67,000 Parks and Recreation 513,136 Contributions from Public Cultural 312,612 Enterprises 14,744 Conservation 65,941 Other Revenues 100 Planning 227,619 Other City Functions 301,348 Total General Fund Revenues $9,513,183 Total General Fund $9,513,183 Expenditures LA roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The communication from the City Clerk dated October 19, 1972, which transmits (a) General Fund Statement ending Sept.. 30, 1972, (b) Enterprise Fund Statements ending September 30, 1972, and (c) Water Fund Statement ending August 31, 1972, was received and filed for the information of the Council. The communication dated October 16, 1972 from the Mayor, with respect to the storage and parking of Recreational Vehicles (CR-728-72) was received and filed for the information of the Council. The communication dated October 11, 1972 from the Department of Law, with respect to the Copper Piping Antitrust Settlement (7th distribution), was received and filed for the information of the Council. The communication dated October 5, 1972 from the Department of Law, with respect to Michigan Lottery Licenses (CR-855-72), was received and filed for the information of the Council. 13292 By Councilman Milligan, seconded by Councilman Bennett, and unanimously Ladopted, it was #935-72 RESOLVED, that having considered a communication from the Depart- ment of Law dated October 5, 1972, concerning State of Michigan Lottery Licenses, the Council does hereby request the Department of Law to submit a report concerning the feasibility of the City of Livonia submitting an application to the State of Michigan to act as exclusive Lottery Agent within the City, pursuant to the provisions of Act 239 of 1972. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8-404 OF CHAPTER 4 (FIREARMS, LONGARMS AND DANGEROUS WEAPONS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura,, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become Leffective on publication. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 13 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 NO. 72-4-1-23 FOR CHANGE OF ZONING FROM RUF TO C-1. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: Bennett. The President declared the foregoing Ordinance duly adopted and would become effective on publication. 13293 Councilman Raymond gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 5 (PARKS AND PLAYGROUNDS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING PARAGRAPH (11) TO SECTION 5-901 THEREOF. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that the Council does hereby refer to the Parks and Recreation Commission for further study, the proposed Ordinance to the Livonia Code which would name Parksite "J" in Section 10 as "Rotary Community Park." A roll call vote was taken on the motion to refer with the following result: AYES: Ventura and Milligan. NAYS: Brown, Raymond, McCann, Bennett and Nash. The President declared the motion DENIED. A roll call vote was taken on the foregoing Ordinance with the following result : AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: *Ventura. The President declared the foregoing Ordinance duly adopted and would become effective on publication. *Councilman Ventura made the following statement: My 'no' vote is cast because it is my opinion that only that part of the park which the Livonia Rotary Club helped develop should be named "Rotary Community Park" and not the entire parcel. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #936-72 RESOLVED, that having considered a request from Biltmore-Meadow- brook Estates Association, dated October 5, 1972, the Council does hereby grant permission to the same to conduct a Halloween Party in the circle consisting of Perth at Park Avenue as "roped off" between the hours of 1:00 and 3.00 p.m. on October 28, 1972, subject to approval by the Director of Public Safety-Police; provided further, that this approval should not be construed as permitting the use of fireworks or amplifying loud-speakers in connection with this activity. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was 13294 4937-72 RESOLVED, that having considered a request from the Coventry Garden's Improvement Association, dated October 11, 1972, the Council does hereby grant permission to the said Association to conduct its 5th Annual Halloween Party on October 31, 1972 between the hours of 7:00 p. m. and 9:00 p. m. at the subdivision's park with appropriate road blocks, subject to approval of the Director of Public Safety-Police; provided further, that this approval should not be construed as permitting the use of fire- works or amplifying loud-speakers in connection with this activity. By Councilman Raymond, seconded by Councilman McCann, it was #938-72 RESOLVED, that having considered a communication from the Chief of Police, the Director of Public Safety-Police, and the Budget Director, dated September 29, 1972, approved for submission by the Mayor, the Council does hereby authorize the transfer of the following amounts from and to the following accounts: a) Transfer $5,000 from Patrol Bureau Salary Account 325-702 to Automotive Services - Gas, Oil & Other Fuel Account 309-751. b) Transfer $5,000 from Patrol Bureau Salary Account 325-702 to Automotive Services - Vehicle Maintenance Account 309-863. c) Transfer $89 from Communications Bureau Training Account 310-960 to Communications Bureau Auto Allowance Account 310-861. A roll call vote was taken on the foregoing resolution with the following result- AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #939-72 RESOLVED, that having considered a communication from the Chief Inspector, the Director of Public Works, and the Budget Director, dated September 25, 1972, approved for submission by the Mayor Pro Tem, the Council does hereby authorize the transfer of the sum of $950 from Plumbing Salaries Account No. 410-702 to the following Accounts in the following amounts: Account No. 400-861 Heating Auto Allowance - $450.00 Account No. 382-861 Electrical Auto Allowance - $500.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 13295 By Councilman Ventura, seconded by Councilman McCann, it was #940-72 RESOLVED, that having considered a communication from the Chief Inspector, the Director of Public Works, and the Budget Director, dated September 22, 1972, approved for submission by the Mayor Pro Tem, the Council does hereby authorize the transfer of the sum of $600 from Account No. 525-729, Postage and Printing, to Account No. 525-861, Car Allowance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, it was #941-72 RESOLVED, that having considered a communication from the Supt, of Parks and Recreation, dated September 29, 1.972, approved by the Budget Director, and approved for submission by the Mayor Pro Tem, concerning overtime performed by the Forestry Division and the Department of Public Works, the Council does hereby authorize the transfer of the sum of $9,472 from the Unexpended Fund Balance Account to the following Accounts in the following amounts: a) $6,198 - Account 781-709 - Forestry Division b) $1,820 - Account 464-706 - Department of Public Works c) $1,454 - Account 464-947 - Department of Public Works. A roll call vote was taken. on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #942-72 RESOLVED, that having considered a communication from the Personnel Director and the Personnel Analyst I, dated September 26, 1972, approved for submission by the Mayor Pro Tem, concerning the extension of the Emergency Employment Act grant through November 15, 1972 by the United States Department of Labor, the Council does hereby determine to authorize the extension of the City's local share under this program through November 15, 1972, and for this purpose authorizes providing the sum of $408 in cash from the Unexpended Fund Balance Account, as well as $7,569 in kind; further, the Council does hereby authorize the Mayor, City Clerk, and the City Treasurer, and all other affected agencies of the City of Livonia to do all things required to fulfill the purpose of this resolution and assure that the City of Livonia will participate in this program in full compliance with such laws and regulations as may be applicable thereto. 13296 A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #943-72 RESOLVED, that having considered a communication from the Parks and Recreation Commission, dated August 28, 1972, approved by the Budget Director, and approved for submission by the Mayor, wherein it is recom- mended that the City acquire the 4-acre parcel located in Section 2 and designated as Park Site "C", the Council does hereby determine to authorize the Department of Law to employ an expert Real Estate Appraiser in order to ascertain the fair market value of such property and for this purpose authorizes the expenditure of a sum not to exceed $300 from the 4.4 Million Dollar Parks and Recreational General Obligation Bond Issue; provided, however, that in the event any federal assistance is received with respect to this item, then to that extent that such moneys are made available the aforesaid appropriation shall be reimbursed to the aforesaid bond issue; and the Department of Law is hereby requested, upon obtaining the said appraisal, to thereafter enter into negotiations with the property owner of the said property and then submit a report and recommendation to the Council; and the 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Raymond, it was #944-72 RESOLVED, that having considered a communication from the Department of Law dated October 2, 1972, submitted pursuant to council resolution #564-72, with respect to the possible purchase of Outlots A and B located on Eight Mile Road at Brentwood, adjacent to Hearthstone Subdivision, the Council does hereby determine to refer the same to the Capital Improvement Committee for its report and. recommendation. Q roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, Bennett and Nash. NAYS: McCann. The President declared the resolution adopted. The communication dated September 29, 1972 from the Department of Law, in connection with the possible purchase of "Bates Restaurant" (CR-46-72 and CR-619-72) was received and filed for the information of the Council. 13297 By Councilman Ventura, seconded by Councilman Brown, it was #945-72 WHEREAS, Federally funded program known as TOPICS has been instituted to reduce accidents and congestion, and WHEREAS, This program has been implemented in the State of Michigan such that the state's share of the Federal program has been fully used, and WHEREAS, Wayne County has been a leader in utilization of this program and has documented a published report having state and federal approval that the need in the county is far in excess of the funds designated to Wayne County and the governmental units within the county have demonstrated their capacity to construct projects under this program, and WHEREAS, Several projects have progressed to the stage that construction is a matter of available funding, THEREFORE, BE IT RESOLVED, That the CITY OF LIVONIA respectfully requests that the Department of Transportation, Federal Highway Administration, reallocate to the State of Michigan am,rTOPICS funds which have not been used by other states and thereby made available to the United States Department of Transportation or any future TOPICS funds which may similarly be returned. BE IT FURTHER RESOLVED, That the Clerk is hereby authorized and directed to forward this resolution to the Michigan Municipal League, the Michigan Department of State Highways, the Department of Transportation, Federal Highway Administration, and Wayne County's congressional represen- tatives so that these agencies and persons may be aware of and respond to the need as described in the resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #946--72 RESOLVED, that having considered a communication from the Water and Sewer Board, dated October 3, 1972, approved by the Budget Director, and approved for submission by the Mayor Pro Tem, which transmits its resolution #WS 1649 8/72, the Council does hereby determine to accept the bid of Broquet Tractor and Equipment, Inc., 34600 Eight Mile Road, Farmington, Michigan, 48025, for supplying the Water Maintenance Section with one (1) new Ford 755, Model 19-155 Backhoe to be mounted on 1959 Ford 4500 Tractor with 740 Loader attachment, for a price of $3,519.33, the same having been in fact the lowest bid meeting specifications received for this item. 13298 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #947-72 RESOLVED, that having considered a communication from the Civil Service Commission, dated August 18, 1972, approved by the Budget Director, and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on May 2, 1972 wherein the Commis- sion did recommend certain amendments to the Compensation Plan and/or Classification of Positions Plan, the same to be effective December 1, 1972, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. By Councilman Raymond, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication dated October 16, 1972 from the Asst. City Assessor, approved for submission by the Mayor, with regard to a request from Mr. George R. Klein, 16400 West Twelve Mile Road, Suite 112, Southfield, Michigan, 48076, and in accordance with provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the City of Livonia Zon- ing Ordinance, the Council does hereby determine that the proposed divi- sion or partition of Parcel 01Alal,H1 - 01c93 to 102a would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing same into three parcels the legal des- criptions of which shall read as follows: Parcel 4A That part of the N. E. 1/4 of Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; described as beginning at a point distant North 89 degrees 50 minutes 00 seconds East 1374.64 feet and South 00 degrees 05 minutes 20 seconds East 60.00 feet and North 89 degrees 50 minutes 00 seconds East 69.33 feet and South 60 degrees 24 minutes 00 seconds East 144.30 feet from the North 1/4 corner of Section 1, T. 1 S., R. 9 E., to the point of beginning and proceeding thence along the Southerly line of Grand River Avenue South 60 degrees 24 minutes 00 seconds East 167.54 feet, thence South 29 degrees 36 minutes 00 seconds West 139.75 feet, thence South 00 degrees 10 minutes 35 seconds East 46.37 feet; thence North 60 degrees 24 minutes 00 seconds West 205.57 feet; thence North 29 degrees 36 minutes 00 seconds East 63.22 feet; thence South 60 degrees 24 minutes 00 seconds East 15 feet, thence North 29 degrees 36 minutes 00 seconds East 116.78 feet to the point of beginning, containing approximatelY31,206.7 square feet. 13299 Parcel 5 ifti That part of the Northeast 1/4 of Section 1, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point on the Southerly line of Grand River Avenue, distant North 89 degrees 50 minutes 00 seconds East 1374.64 feet and South 00 degrees 05 minutes 20 seconds East 60.00 feet and North 89 degrees 50 minutes 00 seconds East 69.33 feet and South 60 degrees 24 minutes 00 seconds east 311.84 feet from the North 1/4 corner of Section 1, Town 1 South, Range 9 East, and proceeding thence along the Southerly line of Grand River Avenue South 60 degrees 24 minutes 00 seconds East 69.36 feet, thence South 00 degrees 14 minutes 25 seconds East 86.75 feet, thence South 89 degrees 46 minutes 35 seconds West 129.70 feet; thence North 29 degrees 36 minutes 00 seconds East 139.75 feet to the point of beginning, containing 10,472 square feet of 0.24040 acres, more or less. Remaining Parcel That part of the N. E. 1/4 of Section 1, T, 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at .a point on the South line of Eight Mile Road distant N. 89° 50' 0" E., along the N. line of Section 1, 391.47 feet to the East line of Angling Road extended and S. 2° 10' 0" W 60.05 feet and N. 89° 50' 0" E., along the South line of Eight Mile Road 150.00 feet from the North 1/4 corner of said Section 1, proceeding thence from said point of beginning N. 89° 50' 0" E., continuing along the South line of Eight Mile Road 835.53 feet, to the East line of vacated Deering Avenue, thence S. 0° 5' 20" E., along the East line of vacated Deering Avenue 60.27 feet; thence S. 60° 24' 0" E., 159.63 feet; thence N. 29° 36' 0" F., 86.78 feet to the South line of Grand River Avenue (204 feet wide), thence S. 60° 24' 0" E. along the South line of Grand River Avenue, 15.00 feet, thence S. 29° 36' 0" W., 116.78 feet; thence N. 60° 24' 0" W., 15.00 feet; thence S. 29° 36' 0" W., 63.22 feet; thence S. 60° 24' 0" E., 205.57 feet to the West line of St. Francis Avenue (60 feet wide); thence S. 0° 10' 35" E., along said West line of St. Francis Avenue, 241.63 feet to the South line of Lot #93 of the Argonne Annex Subdivision as recorded in Liber 46, Page 35 of Wayne County Records, thence S. 89° 48' 20" W., along South line of Lots #93 and #102 of said Argonne Annex Subdivision 231.46' to the East line of Deering Avenue (100 feet wide); thence N. 0° 5' 20" W., along said East line, 90.66 feet to the North line of said Deering Avenue; thence N. 89° 58' 50" W., along the said North line and along the North line of Argonne Sub- division as recorded in Liber 40, Page 5 of plats, Wayne County Records, 1,044.05 feet to the East line of Angling Road (66 feet wide); thence N. 2° 10' 0" E., along said East line 320.45 feet; thence N. 89° 50' 0" E., 156.11 feet; thence N. 0° 10' 0" W., 150.00 feet to the point of beginning, containing 12.477 acres of land more or less. 13300 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 iim cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. By Councilman Brown, seconded by Councilman Ventura, it was #948-72 RESOLVED, that the Council does hereby determine to refer the request from Mr. George R. Klein, 16400 West Twelve Mile Road, Suite 112, Southfield, Michigan, 48076, for the proposed Lot Split in Section 1, to the Study Session of the Council to be conducted on November 1, 1972. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond and Bennett. NAYS: Milligan, McCann and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #949-72 RESOLVED, that having considered a communication from the Department of Law, dated September 28, 1972, which submits a proposed revision of Section 8-203 (Disorderly Persons) of the Livonia Code of Ordinances, as amended, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #950-72 RESOLVED, that having considered a communication from the Devon- Aire Woods Civic Association, dated October 6, 1972, concerning the disturbance caused by traffic conditions on McIntyre from Richland to Louise, and on Minton from Sunset to Merriman Road, the Council does hereby determine to refer the same to the Traffic Commission and the Police Department for their respective reports and recommendations. By Councilman Raymond, seconded by Councilman Brown, and unanimously aaopted, it was #951-72 RESOLVED, that having considered a communication from the Personnel Director, dated September 21, 1972, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on September 19, 1972 wherein the Commission recommends approval of a proposed amendment to the Group Operating Agreement between the City of Livonia and Blue-Cross Blue-Shield so as to afford retirees below the age of 65 the opportunity to participate in the said hospital-medical program at a reduced rate, the entire cost of which would be borne by said retirees, the Council does hereby determine to concur in and approve of such action and proposed amendment. 13301 By Councilman Bennett, seconded by Councilman McCann, it was lir #952-72 WHEREAS, the City of Livonia finds that there is an urgent necessity to locate, develop and construct offstreet parking places for vehicles on Plymouth Road, between Hubbard Road and Merriman Road, in Section 34, in the City of Livonia, Wayne County, Michigan; and WHEREAS, the Council finds that it is necessary to locate, develop and construct parking places for vehicles in the aforementioned Section 34 to facilitate the flow of traffic on sections of the highway where parking is permanently prohibited, to alleviate traffic congestion as a matter of public safety and convenience, and to promote the public welfare generally; and WHEREAS, the Council further finds that the acquisition of certain private property, as further described hereinafter, is indispensable to the necessary program of development and construction of offstreet parking places on Plymouth Road, between Hubbard Road and Merriman Road, and WHEREAS, the City Engineer and the City Planner have recommended that certain offstreet parking places be located, developed and constructed on the aforesaid Plymouth Road in order to alleviate traffic congestion and facilitate the flow of traffic thereon, and have presented plans which have been approved by this Council; NOW, THEREFORE, BE IT RESOLVED, that this Council for the City of Livonia, Wayne County, Michigan, hereby declares that the acquisition of certain private properties, as hereinafter described, is necessary for the location, development and construction of offstreet parking places for vehicles which location, development and construction is necessary as a public improvement for the use and benefit of the public, for the purposes of its incorporation, for a public purpose within the scope of its power, and that a good faith offer to purchase said parcels of land and to purchase and/or relocate personal property has been made; and BE IT FURTHER RESOLVED, that this Council does hereby declare that it determines it necessary to take the fee to private property and, if need be, the title to personal property, upon just compensation to be paid there- for for such improvement, the said property necessary for the development and construction of offstreet parking places and the just compensation for same being as follows : Parcel 1 Lots 19 and 20, Rosedale Gardens No. 1 Subdivision as recorded in Liber 56, Page 59 of Wayne County Records, said subdivision being a part of the North 1/2 of the N. E. 1/4 of Section 34, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan (more commonly known as 31513 and 31515 Plymouth Road). Interested Parties. Earl Aseltine and Margaret Aseltine,his wife d/b/a/ Primrose Cleaners 31513 Plymouth Road Livonia, Michigan 48150 13302 William J. Wiemer, d/b/a Livonia Drafting Service and Construction Services Co. 31515 Plymouth Road Livonia, Michigan 48150 Graham Clements and Patricia A. Clements, his wife 4369 Barchester Bloomfield Hills, Michigan 48013 Estate or Interest to be taken. Fee simple in real property and/or title to personal property Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the proration of taxes in accordance with the provisions of Act 288 of the Public Acts of 1966. Estimated Just Compensation: Real Property: 31513 Plymouth Road Livonia, Michigan $18,000.00 31515 Plymouth Road Livonia, Michigan 24,400.00 Estimated cost to install cinder block wall at 31511 Plymouth Road 1,500.00 T-477755:5415— Personal ,900.00Personal Property. 31513 Plymouth Road Livonia, Michigan Earl Aseltine and Margaret Aseltine, his wife d/b/a Primrose Cleaners (if fixtures relocated) 3,202.00 or (if fixtures remain in place) 6,652.00 31515 Plymouth Road Livonia, Michigan William J. Wiemer, d/b/a Livonia Drafting Service and Construction Services Cb. 00.00 13303 Parcel II Lot 34, Rosedale Gardens No. 1 Subdivision as recorded in Liber 56, Page 59 of Wayne County Records, said subdivision being a part of the North 1/2 of the N. E. 1/4 of Section 34, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Interested Parties: Rose LaRiviere Route No. 1, Box B 227 Venice, Florida Adam Hrapkiewicz and Leona Hrapkiewicz, his wife 16405 Pollyanna Drive Livonia, Michigan 48154 Estate or Interest to be taken Fee simple Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the proration of taxes in accordance with the provisions of Act 288 of the Public Acts of 1966. Estimated Just Compensation• $ 4,800.00 Parcel III Lot 35, Rosedale Gardens No. 1 Subdivision as recorded in Liber 56, Page 59 of Wayne County Records, said subdivision being a part of the North 1/2 of the N. E. 1/4 of Section 34, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Interested Parties: Adam Hrapkiewicz and Leona Hrapkiewics, his wife 16405 Pollyanna Drive Livonia, Michigan 48154 Estate or Interest to be taken: Fee simple Subject to delinquent taxes in accordance with Act 270 of the Public Acts of 1931 and the proration of taxes in accordance with the provisions of Act 288 of the Public Acts of 1966. Estimated Just Compensation: $2.1,600.00; 13304 BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and conduct the necessary proceedings on behalf of the City of Livonia in the Circuit Court for the County of Wayne, State of Nichigan,(that being the county where the private property sought to be taken is located), to carry out the objectives of this resolution, and to acquire by condemnation for the City of Livonia the private property hereinbefore described for the purpose of locating, developing and constructing offstreet parking places for vehicles on Plymouth Road, between Hubbard Road and Merriman Road, as a necessary and authorized public improvement, and that said proceedings be brought in accordance with the provisions of Act 295 of the Public Acts of 1966, as amended, being M.S.A. 8.261 (1) et seq. ; and BE IT FURTHER RESOLVED, that the Council does hereby authorize the expenditure of a sum not to exceed $76,952.00 for acquisition costs and, further, the Council does hereby authorize the expenditure of a sum not to exceed $2,245.72 as the City's portion of the prorated City, County, County Drain and School Tax in connection with the aforesaid items, the same to be prorated as of the date of closing; and further, the Council does hereby authorize the advance of the aforesaid sums from the Unexpended Fund Balance Account as compensation to be paid to the subject property owners in connection with this project; said amounts to be reimbursed from the proceeds of Special Assessment District No. 101 as established for this purpose; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolu- L tion; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to affix their signatures to a Declaration of Taking in order to carry out the provisions of this Resolution and Statement of Necessity. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #953-72 RESOLVED, that having considered a communication from the Executive Director of the Building Officials and Code Administrators International (BOCA), dated September 1, 1972, concerning the State Construction Code Act of 1972 and the possible adoption of the BOCA Code in accordance with the provisions of the aforesaid act, the Council does hereby refer the same to the Mayor, the Department of Law, and the Chief Building Inspector for their respective reports and recommendations. By Councilman Brown, seconded by Councilman Ventura, it was 13305 L #954-72 RESOLVED, that having considered a communication from the Judges of the District Court of the 16th Judicial District, dated September 21, 1972, concerning the compensation for the positions of court stenographers and court administrator, the Council does hereby determine to authorize an increase in the annual salary of court stenographers by the sum of $401.50 to become effective with the effective date of this resolution; and further, an additional annual salary increase in the sum of $423.50 which shall become effective on December 1, 1972, thereby providing that commenc- ing on December 1, 1972 the annual salary for the position of Court Stenographer shall be in the amount of $8,125.00; and the Council does further authorize an annual salary increase in the amount of $625.00 for the position of Court Administrator, effective with the effective date of this resolution, and an additional annual salary increase in the amount of $310 for such position to become effective on December 1, 1972, thereby providing and commencing on December 1, 1972 the annual salary for the Court Administrator shall be in the amount of $12,360. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. LBy Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #955-72 RESOLVED, that having considered a communication from the Telecable Corporation, dated September 20, 1972, wherein a request is submitted for approval of a franchise to construct and operate a CATV system in Livonia, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. By Councilman Brown, seconded by Councilman Milligan, it was #956-72 RESOLVED, that having considered a communication from the Depart- ment of Law, dated October 2, 1972, approved for submission by the Mayor, with regard to a request from Mr. Richard Krum, 21745 Outer Drive,Dearborn, Michigan 48124, that he be granted a certificate of ownership from the City of Livonia for six (6) grave sites, comprising Lot 8, Range 11, of Livonia Center Cemetery, the Council does hereby determine to approve the recommendation contained in said communication; and the Department of Law is hereby requested to prepare the appropriate document of conveyance, approved as to form, and the Mayor and City Clerk are hereby authorized to execute the aforesaid document of conveyance for and on behalf of the City of Livonia, as well as to do all other things necessary to the fill performance of this resolution. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 13306 By Councilman Brown, seconded by Councilman Ventura, it was #957-72 RESOLVED, that having considered a communication dated June 19, 1972 from the City Planning Commission which sets forth its resolution No. 6-154-72 with regard to Petition No. 71-2-1-5 submitted by Edmund T. Warren for a change of zoning on property located west of Newburgh Road between Plymouth Road and Amrhein Road in the Southeast 1/4 of Section 30, from RUF to M-1, and the Council having conducted a public hearing with regard to this matter on September 25, 1972, pursuant to council resolu- tion #693-72, the Council does hereby reject the recommendation of the City Planning Commission and the said Petition No. 71-2-1-5 is hereby denied for the following reasons: 1. The proposed zoning change would provide for uses unrelated to and incompatible with the nearby residential neighborhood; 2. The proposed Industrial zoning change and permitted Industrial uses would be detrimental to the neighboring residential area because of odor, dust, noise, fumes, lights and industrial truck traffic. 3. The proposed Industrial zoning change would adversely affect the long-term stability of the neighboring area and would tend to prematurely lead to the conversion of residential zoning and developed lands to further Industrial expansion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan and McCann. NAYS: Bennett and Nash. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #958-72 RESOLVED, that having considered a communication dated March 7, 1972 from the City Planning Commission which sets forth its resolution No. 2-59-72 with regard to Petition No. 72-1-6-3 submitted by the City Plan- ning Commission on its own motion to determine whether or not to amend Sections 10.08, 10.09, 10.10, 11.09, 11.10 and 11.11, Ordinance No. 543, the Zoning Ordinance, to provide for rear yard setback requirements in commercial districts and eliminate outdoor storage and display of merchandise, and the Council having conducted a public hearing with regard to this matter on May 8, 1972, pursuant to Council resolution No.303-72, and having considered the report of the Legislative Committee dated October 12, 1972 submitted pursuant to council resolution No. 496-72, the Council does hereby determine to concur with the recommendation of the Planning Commission and the said Petition No. 72-1-6-3is hereby approved and granted with the following changes: 13307 a) In Sections 10.08 and 11.09 include in title "Rear." b) In Sections 10.08 and 11.09 in the last phrase delete the words "either the" and "placement or display." and the Department of Law is hereby requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #959-72 RESOLVED, that having considered a communication dated March 7, 1972 from the City Planning Commission which sets forth its resolution No. 2-60-72 with regard to Petition No. 72-1-6-4 submitted by the City Plan- ning Commission on its own motion to determine whether or not to amend Section 28.04(d), Flood Plain Regulations, of Ordinance No. 543, as amended, the Zoning Ordinance, so as to revise the language with respect to the exceptions permitted for dumping in flood plain areas, and the Council having conducted a public hearing with regard to this matter on May 8, 1972 pursuant to council resolution #303-72, and having considered the report of the Legislative Committee dated October 12, 1972 submitted pursuant to council resolution #497-72, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition No. 72-1-6-4 is hereby approved and granted with the following revised language for paragraph (d): "The foregoing exceptions shall be permitted only upon review by the City Planning Commission at a public hearing and on a showing that the above re- quirements are satisfied, and submission of findings to and approval by the City Council. To the extent applicable, the provisions set forth in Article XIX of this Ordinance shall be complied with." and the Department of Law is hereby requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #960-72 RESOLVED, that having considered a communication dated March 24, 1972 from the City Planning Commission which sets forth its resolution No. 3-84-72 with regard to Petition No. 72-2-6-5 submitted by the City Planning Commission on its own motion to determine whether or not to amend Sections 27.05 and 27.06, R-8 District Regulations, and Sections 29.04 and 29.05, R-9 District Regulations, and the Council having conducted a public hearing with regard to this matter on June 12, 1972 pursuant to council resolution #402-72, and having considered the report of the Legislative Committee dated October 12, 1972 submitted pursuant to council resolution #591-72, the Council does hereby concur with the recommendation of the City Plan- ning Commission and the said Petition No. 72-2-6-5 is hereby approved and granted, and the Department of Law is hereby requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. 13308 Councilman Milligan gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 7-115 OF CHAPTER 1 of TITLE 7 (BUILDING CODES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, 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 next regular meeting of the Council. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 4 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, (BUSINESS LICENSES) BY ADDING CHAPTER 16 THERETO. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING CHAPTER 14 THERETO. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. *Councilman Raymond was excused at 9:21 p. m. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was 13309 #961-72 RESOLVED, the Council does hereby request that the City Planning Commission consider the possible application in Livonia of the concept entitled "Impact Zoning" as discussed in the August 1972 issue of "H & H" and thereafter submit its report and recommendation to the Council. At 9:24 p. m. , a recess was called after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Milligan, seconded by Councilman Ventura, it was #962-72 RESOLVED, that having considered a communication dated October 10, 1972 from the Department of Law transmitting for acceptance a Grant of Easement dated September 12, 1972, executed by Durbin-Slavik Joint Venture , a Michigan Corporation, by its president Clarence A. Durbin, Clarence A. Durbin & Associates, Inc. , wherein an easement is granted to the City for the purpose of extending a public water main, which easement is more particularly described as: The center line of a twenty (20) foot wide easement being more particularly described as beginning at a point distant 742.0 feet and due East 60 feet from the S. W. corner of Section 10, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, proceeding thence due East 165 feet to the point of ending. (Bureau of Taxation Parcel lOGGlb2ala) the Council does hereby for and in behalf of the City of Livonia accept the aforementioned Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #963-72 RESOLVED, that having considered a communication dated October 16, 1972 from the Department of Law transmitting for acceptance a Grant of Easement dated September 11, 1972 executed by Jack Akey, David Josephson and Patrick J. McPharlin, all married men, granting to the City an easement to be utilized in the extension of a public water main which easement is more particularly described as: Easement description: A 20 ft. wide easement across 13310 Parcel description: Lots #1 and 2, Glendale Industrial Su division, a part of the N. W. 1/4 of Section 27, T. 1 S. R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Liber 93, Page 15 of Wayne County Plats, said easement having a centerline described as follows : Beginning at a point on the East line of Farmington Road, said line also being the West line of Lot 1, a distance S. 02° i3' 37" E., 75 ft. from the N. W. corner of said Lot 1; thence S. 41° 53' 28" E., 132.27 ft. to the point of ending of said easement centerline. the Council does hereby for and in behalf of the City of Livonia accept the aforementioned grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Ventura, Raymond, Milligan., McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #964-72 RESOLVED, that having considered a communication dated October 13, 1972 from the Department of Law transmitting for acceptance a Grant of Easement dated August 29, 1972, executed by William B. Mills and Evelyn K. Mills, his wife, which document grants an easement to the City for the purpose of extending a public storm sewer system, said easement being particularly described as. Easement Description: The South 12 feet Parcel Description. The North 344.96 feet of the West 114.b6 feet of Lot 822, Supervisor's Livonia Plat No. 14, as recorded in Liber 70, Page 69, Wayne County Records, said plat being a part of the N. 1/2 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, excepting therefrom the North 146 feet thereof deeded for highway purposes. (Bureau of Taxation Parcel 28e822a1) the Council does hereby accept for and in behalf of the City of Livonia the aforedescribed 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. LAYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. *Councilman Raymond was excused at 9.35 p. m. 13311 By Councilman Milligan, seconded by Councilman Ventura, it was #965-72 RESOLVED, that having considered a communication dated October 4, 1972 from the Department of Law, transmitting for Council acceptance two quit claim deeds, one from Billy F. Cranford and Marjorie C. Cranford, his wife, and George H. Davis and Norma J. Davis, his wife, and the other from Thurman William Autry and Lillian E. Autry, his wife, dated September 27, 1972 and September 28, 1972, respectively, conveying: A parcel of land being part of Lot 822 of Supervisor's Livonia Plat No. 14, said plat being part of the N. 1/2 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Liber 70, Page 69 of Plats, Wayne County Records; more particularly described as: Beginning at a point on the extension of the south line of Lot 813 of said plat, said point being distance N.88° 16' 50" W. 625.98 ft. from the S. E. corner of said Lot 813; proceeding thence from the said point of beginning along a curve to the left having a radius of 140.00 feet, arc of 63.19, central angle of 25° 51' 37" with a chord bearing S. 78° 47' 22" W. 62.65 feet; thence along a curve to the right having a radius of 70.00 feet, arc of 19.56 ft., central angle of 16° 0' 29" with a chord bearing S. 73° 51' 48" W. 19.49 ft.; thence N. 0° 41' 44" E. 20.00 ft. ; thence S. 88° 16' 50" E. 79.98 feet to the point of beginning, containing 0.014 acres of land, more or less. (Autry Avenue right-of-way) and A parcel of land being part of Lot 822 of Supervisor's Livonia Plat No. 14, said plat being part of the N. 1/2 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Liber 70, Page 69 of Plats, Wayne County Records; more particularly described as: Beginning at a point on the extension of the south line of Lot 813 of said plat, said point being distant N. 88°16'50" W. 585.96 feet from the S.E. corner of said Lot 813; pro- ceeding thence from said point of beginning N. 88°16' 50" W., 120.00 feet, thence S. 0° 41' 44" W. 20.00 feet; thence a curve to the right having a radius of 70.00 feet, arc of 285.72 feet; central angle of 233° 52' 07" with a chord bear- ing N. 18° 48' 06" E. 124.81 feet; thence along a curve to the left having a radius of 140.00 feet, arc of 107.55 feet, central angle of 44° 00' 59" with a chord bearing S. 66° 16' 20" E. 104.93 feet; thence N. 88° 16' 50" W. 15.37 feet; thence S. 0° 41' 44" W. 60.00 feet to the point of beginning, containing 0.451 acres of land, more or less. (Autry Avenue right-of-way) the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid instruments, 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. 13312 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Milligan, McCann, Bennett and Nash. NAYS: None. *Councilman Raymond returned at 9:36 p. m. By Councilman Brown, seconded by Councilman Ventura, it was unanimously adopted #966-72 RESOLVED, that the Council having considered a communication dated October 3, 1972 from the City Engineer, approved by the Director of Public Works, and approved for submission by the Mayor Pro' Tem, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring on the Industrial Road, Westmore Avenue, and Glendale Avenue in Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of October 13, 1972, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, December 11, 1972, at 8.00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #967-72 RESOLVED, that the Council having considered a communication dated October 2, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor Pro Tem, submitted pursuant to council resolution #870-72, and pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with under- ground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the 13313 assessed valuation of all property affected by the proposed improvement with regard to Nottingham Woods West Subdivision #2 located in the S.E. 1/4 of Section 8 and the S. W. 1/4 of Section 9, City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of October 13, 1972, and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, December 11, 1972 at 8:00 P. M. as the date and time for a Public Hearing on NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #968-72 WHEREAS, pursuant to the direction of the City Council in its resolution #589-72 adopted on June 28, 1972, and in accordance with Section 2-51.4 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 October 5, 1972 a revised assessment schedule dated September 29, 1972 for the installation of 22 ornamental street lights with underground wiring, and 22 lights installed on existing wood. poles on the Industrial Road from Levan to Stark, Wayne Road and Glendale Avenue in Section 28, City of Livonia, Wayne County, 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 council resolution #589-72; 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 Hal]. in said City, 33001 Five Mile Road on Monday, December 11, 1972, 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; 13314 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 December 11, 1972; 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 Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #969-72 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 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, December 11, 1972, at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: 1. Petition No. 72-8-6-10 submitted by the City Planning Commission, on its own motion, to determine whether or not to amend Ordinance No. 543, the Zoning Ordinance, Section 26.04 and Section 26.05, so as to clarify and increase the uses in an office district, the City Planning Commission having in its resolution #9-231-72 recommend- ed to the City Council that Petition No. 72-8-6-10 be approved; and 2. Petition No. 72-7-1-36 submitted by Patrick Duggan, Attorney for Robert Saks Mechigian, for a change of zoning of property located south of Seven Mile Road, east of Melvin in the Northeast 1/4 of Section 11, from R-5, R-1-A and P.S. to C-2, the City Planning Commis- sion having in its resolution 49-243-72 recommended to the City Council that Petition No. 72-7-1-36 be approved, further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the nature of the proposed amendment to the Zoning Ordinance, and 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. 13315 110 By Councilman Ventura, seconded by Councilman Raymond, it was #970-72 RESOLVED, that having considered a communication dated July 19, 1972 from the City Planning Commission which sets forth its resolution #6-177-72 with regard to Petition No. 72-4-6-9 submitted by the City Plan- ning Commission pursuant to council resolution #218-72, to amend Section 9.03 and 10.03 of Ordinance #543, the Zoning Ordinance, by adding a new sentence to the waiver use section in the P. S. District and a new para- graph to the waiver use section in the C-1 District to provide special regulations for fraternal or religious organizations, and the Council having conducted a public hearing with regard to this matter on October 9, 1972, pursuant to council resolution #739-72, 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, Ventura, Raymond, McCann and Nash. NAYS: Milligan and Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #971-72 RESOLVED, that having considered a communication dated July 17, 1972 from the City Planning Commission which sets forth its resolution #6-179-72 with regard to Petition No. 72-4-1-22 submitted by Joseph St.Cyr for Christ C. Mugianis requesting to rezone property located on the south side of Plymouth Road, between Levan and Yale, in the Northeast 1/4 of Section 32, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on October 9, 1972, pursuant to council resolution #739-72, the Council does hereby determine to refer this matter to a meeting to be conducted on Monday, October 30, 1972 at 7:30 p. m. by the Committee of the Whole. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond and Nash. NAYS: Milligan, McCann and Bennett. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication dated July 1.4, 1972 from the City Planning Commission which sets forth its resolution #6-170-72 with regard to Petition No. 72-5-1-28 submitted by Donald C. Deremo, attorney, for George Khamis, requesting to rezone property located on the northwest corner of Seven Mile and Fitzgerald in the Southwest 1/4 of Section 5, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on October 9, 1972, pursuant to council 13316 resolution #739-72, the Council does hereby reject the recommendation of the City Planning Commission and the said Petition No. 72-5-1-28 is hereby approved and granted as amended by a letter dated from Mr. Donald C. Deremo revising the petitioner's request from C-2 to C-1; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. By Councilman Brown, seconded by Councilman Raymond, it was #972-72 RESOLVED, that having considered a communication dated July 14, 1972 from the City Planning Commission which sets forth its resolution #6-170-72 with regard to Petition No. 72-5-1-28 submitted by Donald C. Deremo, attorney, for George Khamis, requesting to rezone property located on the northwest corner of Seven Mile and Fitzgerald in the Southwest 1/4 of Section 5, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on October 9, 1972, pursuant to council resolution #739-72, the Council does hereby determine to refer this matter to the Study Session of the Council to be conducted on Novebber 1, 1972. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan and Nash. NAYS: McCann and Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann, it was #973-72 RESOLVED, that having considered a communication dated July 14, 1972 from the City Planning Commission which sets forth its resolution No. 6-171-72 with regard to Petition No. 72-5-1-29 for a change of zoning on property located south of Ann Arbor Road on the east side of Knolson in the Southwest 1/4 of Section 31, from C-1 to R-1, and the Council having conducted a public hearing with regard to this matter on October 9, 1972, pursuant to council. resolution #739-72, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition No. 72-5-1-29 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepares indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 13317 By Councilman Bennett, seconded by Councilman Brown, it was #974-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 7, 1972 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on October 9, 1972, after due notice as required by Section 2-507 of said Code, and after careful consideration having been 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 31-foot wide deep-strength asphalt pavement with concrete curbs and gutters (Alternate II) on Cardwell Avenue (West Chicago to Orangelawn) in Section 36, T. 1 S., R. 9E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in pro- portion to the benefits derived or to be derived; 3) approve the plans and specifications for said improve- ment as set forth in said statement dated August 7, 1972; 4) determine that the estimated cost of such improvement is $27,800.00; 5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby, and in part by the City at large, in proportions hereafter established; 6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $4,170.00 (15%) and that the balance of said cost and expense of said public improvement amounting to $23,630.00 shall be borne and paid by special assess- ments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; 7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; 8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in that part of the S. E. 1/4 of Section 36, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as containing the following parcels within New Detroit Subdivision 13318 No. 1 as recroded in Liber 62, Page 85, Wayne County Records : Lots 1005 to 1010 inclusive, also all of adjacent vacated alley, lots 1011 to 1027 inclusive; also the E. 1/2 of adjacent vacated alley, lots 1090 to 1106 inclusive; also the W. 1/2 of adjacent vacated alley; lots 1107 to 1112 inclusive; also adjacent vacated alley, 20 ft. wide, also the W. 1/2 of vacated alley adjacent to lot 1112; 9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land, and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determina- tion of the City Council; and 10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the pro- visions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia 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 required by Section 2-511 of the said Code. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, McCann and Bennett. NAYS: Ventura, Milligan and Nash. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #975-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 27, 1972 on all matters required by Section 2-5C6 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on October 9, 1972 after due notice as required by Section 2-507 of said Code, and after careful consideration 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; 13319 2) determine to make the improvement consisting of 31-foot wide deep-strength asphalt pavement with concrete curbs and gutters on Bretton Road, between Middlebelt Road and Purlingbrook, in Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; 3) approve the plans and specifications for said improvement as set forth in said statement dated June 27, 1972; 4) determine that the estimated cost of such improvement is $95,817.48; 5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby, and in part by the City at large, in proportions hereafter established; 6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $14,372.62 (15%), and the balance of said cost and expense of said public improvement amounting to $81,444.86 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; 7) determine that the assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; 8) 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.E. 1/4 of Section 2, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as containing the following parcels : Lots 451a through 465, Lots 467 through 468b, 470, 471 and lots 476 through 485b1 of Supervisor's Livonia Plat No. 8 Subdivision, Liber 66, Page 59, Wayne County Records, Lots la through 6b of Carey Meadows Subdivision, Liber 83, Page 63 and Lots 1 through 14 of Bretton Gardens Subdivision, Liber 83, Page 67 Wayne County Records. 9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council 13320 and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and 10) that upon the 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, of the City of Livonia 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 required by Section 2-511 of the said Code. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #976-72 RESOLVED, that the preliminary plat of the proposed Livonia Mall Estates Subdivision, located on the northwest corner of Seven Mile Road and Sunset, if extended northerly, in the Southwest 1/4 of Section 2, City of Livonia, Wayne County, Michigan, having previously received the tenta- tive approval of the City Planning Commission on January 19, 1971 by its resolution #1-5-71, and having been approved in a report dated October 29, 1971 from the City Engineer, said report having appended thereon the signatures of the Director of Public Works and the Mayor, indicating that substantial compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Com- mission now having given final true plat approval on September 26, 1972 in its resolution #9-250-72; and further, the Council having considered a letter from the City Clerk dated October 25, 1972, pursuant to Section 9-126, Chapter 1 Title 9 of the Livonia Code of Ordinances, as amended, does hereby determine to grant its approval to the Final Plat of Livonia, Mall Estates Subdivision, located on the northwest corner of Seven Mile Road and Sunset, if extended northerly, in the Southwest 1/4 of Section 2 , City of Livonia, Wayne County, Michigan, as submitted by Chester Koppy, 20530 Southfield Road, Detroit, Michigan, 48235, as proprietor, the proprietor thereof being required to do all things necessary to obtain fu..l compliance with the Subdivision Control Act of Michigan of 1967, as amended, the Ordinances of the City of Livonia, Michigan, and further, the City Clerk shall do all things necessary for the full performance of this resolution. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #977-72 RESOLVED, that the preliminary plat of the proposed Nottingham Woods West Subdivision #2, situated in the South 1/2 of Sections 8 and 9 13321 L City of Livonia, Wayne County, Michigan, having previously received the tentative approval of the City Planning Commission on August 24, 1971, by its resolution #8-231-71, and having been approved in a report dated March 16, 1972 from the City Engineer, said report having appended thereon the signatures of the Director of Public Works and the Mayor, indicating that substantial compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commission now having given final true plat approval on October 3, 1972 in its resolution #10-259-72; and further, the Council having considered a letter from the City Clerk dated October 25, 1972 pursuant to Section 9-126, Chapter 1, Title 9 of the Livonia Code of Ordinances, as amended, does hereby determine to grant its approval to the Final Plat of Notting- ham Woods West Subdivision #2, located in the South 1/2 of Sections 8 and 9, City of Livonia, Wayne County, Michigan, as submitted by Curtis Build- ing Company, 25950 Five Mile Road, Detroit, Michigan, 48239, as proprietor, the proprietor thereof being required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, the Ordinances of the City of Livonia, Michigan; and further, the City Clerk shall do all things necessary for the full performance of this resolution. By Councilman Ventura, seconded by Councilman McCann, it was #978-72 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated August 2, 1972, and the report and recom- L dated October 12, 1972 from the Chief of Police, in connection therewith, the Council does hereby approve of the request from Great Scott Super Market, Incorporated for a new SDM License to be located at 37399 Six Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. AYES: Brown, Ventura, Milligan, McCann and Nash. NAYS: Raymond and Bennett. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman McCann, and unanimously wd.crted, it was #979-72 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 Milligan, seconded by Councilman Ventura, and unanimously Laaopted, it was #980-72 RESOLVED, that the Council does hereby request a report and recom- mendation from the City Planning Commission regarding possible amendment of the Livonia Zoning Ordinance for the purpose of establishing a new zoning classification entitled "Commerce Park." 13322 Councilman Ventura gave second reading to the following Ordinance* AN ORDINANCE AMENDING SECTION 20 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 NO. 71-8-1-50 FOR CHANGE OF ZONING FROM C-1 TO C-2. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Ventura, Raymond and Milligan. NAYS: Brown, McCann, Bennett and Nash. The President declared the foregoing Ordinance DENIED. By Councilman McCann, seconded by Councilman Brown, it was #981-72 RESOLVED, that having considered a communication dated September 28, 1971 from the City Planning Commission which sets forth its resolution No. 9-244-71 with regard to Petition No. 71-8-1-50 submitted by James F. Finn and Michael J. Michael for a change of zoning of a portion of Lot 2OE2a2al located on the east side of Levan, south ofFive Mile Road in the Northeast 1/4 of Section 20, from C-1 to C-2, and the Council having con- ducted a public hearing with regard to this matter on January 10, 1972, pursuant to council resolution #1016-71, the Council does hereby determine to concur in the recommendation of the City Planning Commission and the said Petition No. 71-8-1-50 is hereby denied for the same reasons as those set forth in the aforesaid communication and action of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result* AYES: Brown, McCann, Bennett and Nash. NAYS: Ventura, Raymond and Milligan. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #982-72 RESOLVED, that having considered a communication from the City Planning Commission dated October 19, 1972, which transmits its resolution #10-265-72, with regard to a request from Rodney C. Kropf, attorney, for an extension of the approval of Petition 71-5-2-18 for Sam and Joy Moy, concerning a waiver use permit to expand existing restaurant located on the 1.0 west side of Middlebelt Road between Munger and Six Mile Road in the North- east 1/4 of Section 14, previously approved by the City Planning Commission in its resolution #6-180-71, and the Commission having recommended approval of an extension for a one-year period, the Council does hereby determine to concur in and approve of the said one-year extension subject to the same conditions as those set forth in the aforesaid action of the City Planning Commission. 13323 By Councilman Raymond, seconded by Councilman Ventura, it was #983-72 RESOLVED, that having considered the report and recommendation dated October 20, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 8 ofCouncil Resolution No. 702-72, adopted on July 26, 1972, so as to reduce the Financial Assurances now on deposit with the City for General Improvements in Parkview Estates Subdivision, located in the Northeast 1/4 of Section 8, City of Livonia, Michigan, to $13,000 of which $3,000 shall be in cash, to cover the remaining improvements in said Subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; further, the financial assurance now on deposit with the City for sidewalk improvements shall remain the same and unchanged; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full. performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, this 746th-regular meeting of the Council of the City of Livonia, was duly adjourned at 10.30 P. M., October 25, 1972. ADDISON W. :114111b Ci Clerk.