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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-07-12 13075 MINUTES OF THE SEVEN HUNDRED THIRTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 12, 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 8:05 P. M.. Councilman Bennett delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent-- Jerry Raymond (Excused) Elected and appointed officials present: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Ronald Mardiros, City Assessor; H. Patrick O'Neill, Director of Civil Defense; G. E. Siemert, City Engineer; John T. Dufour, Superintendent of Parks and Recreation; Richard Jones, Assistant LSuperintendent of Operations Division; John Nagy, City Planner; H. G. Shane, Planning Department; John Bunk, Fire Marshall; Jack Dodge, Budget Director; Gary Clark, Engin- eering Department; and Ralph Biga, Civil Service Department; and Francis Hand of the City Planning Commission. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #616-72 RESOLVED, that the minutes of the 738th regular meeting of the Council of the City of Livonia, held June 28, 1972, are hereby approved. By Councilman McCann, seconded by Councilman Ventura, it was #617-72 RESOLVED, that having considered the communication from the Budget Director, dated July 6, 1972, as approved for submission by the Mayor, regarding the following additional revenues: Account Description Number Amount State Shared Revenues: Sales Tax 568 $ 57,000 Intangibles Tax 571 143,000 ParimutuAi Tax 573 100,000 Fines & Forfeits 660 100 000 $ 400,000 1307E the Council does hereby amend the 1972.73 Fiscal Budget to reflect these funds in the Unexpended Fund Balance Account. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #618-72 RESOLVED, that having considered a communication from the Parks and Recreation Commission, dated June 14, 1972, approved for submission by the Mayor, wherein the Commission did recommend that the name of the city- owned parksite located South of Cleveland Elementary School in Section 36 be changed from Joy Park to Wilson Acres Park, the Council does hereby determine to concur in the aforesaid recommendation and does hereby request the Department of Law to prepare an amendment to Chapter 9 of Title 5 of the Livonia Code of Ordinances, for this purpose. The communication dated June 20, 1972 from the Engineering Department, in response to Council Resolution #393-72, regarding drainage complaints received from residents on Knolson Avenue immediately North of Five Mile Road (the westerly end of the Blue Grass Farms Subdivision), was received and filed for the information of the Council. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6-169 OF CHAPTER 1, TITLE 6 (TRAFFIC ORDI- NANCE) OF THE LIVONIA CODE OF ORDI- NANCES AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. 13077 Councilman Ventura gave second 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 ORDINANCE," BY ADDING SECTION 3. THERETO. RE• PETITION NO. 71-12-1-73 FOR CHANGE OF ZONING FROM RUF TO P. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Milligan, gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 28 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. 72-1-1-6 FOR CHANGE OF ZONING FROM RUF TO M-1. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2 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. 71-12-1-72 FOR CHANGE OF ZONING FROM RUF TO R-4. 13078 A roll. call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF .LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CI'= AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 72-2-1-11 FOR CHANGE OF ZONING FROM R-1 AND R-5 TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 18.58 THERETO. RE: PETITION No. 69-2-6-2. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Brown, Milligan, McCann and Nash. NAYS: Ventura. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 6 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING CHAPTER 6 THERETO ENTITLED "THE SNOWMOBILE ORDINANCE. 13079 A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDI- NANCE," BY ADDING SECTION 18.47 THERETO. RE: PETITION NO. 72-1-6-2. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Milligan, seconded by Councilman McCann, it was #619-72 RESOLVED, that having considered a communication from the Depart- ment of Law, dated June 6, 1972, approved for submission by the Mayor, relative to the employment of an expert fixture and equipment appraiser in connection with the proposed acquisition of property located at 15240 Farmington Road (Don's Dairy Supreme), Livonia, Michigan and at 33406 Farmington Road (Bates Restaurant), Livonia, Michigan, the Council does hereby authorize the Department of Law to employ a fixture and equipment appraiser with respect to the foregoing parcels and for this purpose does authorize an expenditure of a sum not to exceed $700.00 from the Unexpend- ed 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. 4 roll call vote was taken on the foregoing resolution with the following result- AYES: Bennett, Brown, Milligan, McCann and Nash. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'not vote is cast because I think we are going beyond our bounds and are forcing out little businesses. Councilman Ventura was excused at 8:25 p. m. 13080 By Councilman Bennett, seconded by Councilman Brown, it was #620-72 RESOLVED, that having considered the report and recommendation dated June 5, 1972 from the City Engineer approved by the Director of Public Works and approved for submission by the Mayor, concerning sidewalk installation at the following locations: (1) West side of Middle Belt, North of Five Mile Road, Bureau of Taxation Parcel 14Z2alalb. Sidewalk needed: Approximately 103 feet. (2) North side of Five Mile Road - West side of Levan, Bureau of Taxation Parcel: 17a OLAa,b2. Sidewalk needed: Approximately 300 feet. (3) North side of Five Mile Road, Bureau of Taxation Parcel 17a0LAbla. Sidewalk needed: Approximately 500 feet. (4) East side of Farmington Road, Bureau of Taxation Parcel 34Flalala2ala. Sidewalk needed: Approximately 670 feet. (5) South side of Plymouth Road and West side of Middlebelt, Bureau of Taxation Parcel 35A3a2b2a,35A1ay35A3b1. Sidewalk needed: Approximately 1370 feet. (6) Bureau of Taxation Parcel 35A3d2bl. Sidewalk needed: Approximately 1810 feet. (7) East side of Middlebelt Road and South side of Plymouth Road, Bureau of Taxation Parcel 36B1a1. Sidewalk needed: Approximately 570 feet. (8) Bureau of Taxation Parcel 36gOLC. Sidewalk needed: Approximately 80 feet, and for the reasons therein stated, the Council does hereby require the respective owners of lots and premises referred to above, to construct and install sidewalks in front of, adjacent to and abutting such premises, and the City Clerk is hereby requested to do a'1 things necessary to carry out the provisions of this resolution, which is made pursuant to the City's Code of Ordinances, as amended, Title 5, Chapter 1, Section 5-137; and further, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work on or before September 1, 1972; further, the Council does hereby authorize the expenditure of a sum not to exceed $4,300.00 from the Unexpended Fund Balance Account for the purpose of constructing approximately 1075 lineal feet of sidewalks at the five locations referred to in the aforesaid com- munication that are owned by the City of Livonia; and further, the Council does hereby request that the Livonia Baord of Education arrange for the 1308; Lconstruction of sidewalks at the following five locations, or,, in the alternative, should the Board have these sidewalks constructed by the City, that the Board of Education agree to reimburse the City for the cost of same: (1) East side of Levan Road Bureau of Taxation Parcel 17Q1. Sidewalk needed: Approximately 660 feet. (2) Bureau of Taxation Parcel 20M2a1,3a1,4bla. Sidewalk needed: Approximately 490 feet. (3) South side of Lyndon near Fairlane Bureau of Taxation Parcel 21N8a1,P2a. Sidewalk needed: Approximately 300 feet. (4) Bureau of Taxation Parcel 34Hala4,12a1. Sidewalk needed: Blackburn 300 feet and Ohio 60 feet (total 360 feet). (5) Bureau of Taxation Parcel 36C1e2a,C2a1. Sidewalk needed: (Middle Belt 650' and Orange- lawn 930' ) (total 1580' ). A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Brown, Milligan, McCann and Nash. NAYS: None. Councilman Ventura returned at 8:26 p. m. By Councilman McCann, seconded by Councilman Bennett, it was #621-72 RESOLVED, that having considered a communication from the Department of Law dated June 7, 1972 relative to obtaining a real estate appraiser, including such engineering as may be necessary, which appraisal would be on a "before and after basis" in connection with the proposed acquisition of right-of-way from the Livonia Board of Education at the Elm School which right-of-way is necessary for the construction of the Middlebelt Road -- C & 0 Railroad grade separation, the Council does hereby authorize the Department of Law to employ an appraiser for this purpose and does further authorize an expenditure of a sum not to exceed $900.00 from the 9.8 Million Dollar Street and Road General Obligation Bond Issue, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. 13082 By Milligan, seconded by Councilman Ventura, it was #622-72 RESOLVED, that having considered a communication from the City Engineer dated June 6, 1972, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached communications dated May 10, 1972 from the Board of Wayne County Road Commissioners concerning the Commissions Topics Program within the City of Livonia which projects and the estimated cost thereof are described as follows: (1) Inkster Road - Eight Mile Road to Grand River: Reconstruction of Inkster Road to four (4) lane pavement with right turn lanes at Eight Mile Road and Grand River. Total project cost estimated at $120,000.00; City's share estimated $12,000.00. (2) Seven Mile Road - East of Middle Belt Road: Widen Seven Mile Road to five (5) lanes for a distance of approximately 500 feet east of Middle Belt Road. Total project cost estimated at $60,000.00; City's share estimated $12,000.00. (3) Hines Drive - Joy Road to Ann Arbor Trail: Widen Hines Drive from North of Joy Road to South of Ann Arbor Trail to four (4) lanes and resurface Ann Arbor Trail. Total project cost estimated at $100,000.00; City's share estimated $4,000.00, the Council does hereby determine to approve of the said projects and the City's participation in the financial cost of the same and for this purpose does hereby authorize as an advance for the City's share the sun of $28,000.00 from the 9.8 Million Dollar Street and Road General Obliga- tion Bond Issue, provided, however, that said Bond Issue shall be reimburs- ed to this extent at such time as bonds have been sold and funds become available from a proposed Motor Vehicle Highway Fund Bond Issue; further, the Mayor and City Clerk are hereby authorized to execute agreements for the subject projects in behalf of the City of Livonia upon having approved as to form by the Department of Law after receipt of same from the Board of Wayne County Road Commissioners; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. L- 2011 call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. At the direction of the Chair, the item on the agenda with respect to the establishment of a position of Testing Engineer was removed and will be considered at the study meeting to be conducted on July 17, 1972. 13083 By Councilman Ventura, seconded by Councilman Bennett, it was #623-72 RESOLVED, that having considered a communication from the City Engineer dated June 5, 1972, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the widening of Middlebelt Road south of Schoolcraft Road to the north limits of the proposed railroad grade separation to a width of seven lanes, the Council does hereby determine to confirm its willingness and ability to participate in this project and for this purpose does hereby authorize an advance in the amount of $72,000.00 to cover the cost of the City's estimated share from the 9.8 Million Dollar Street and Road General Obligation Bond Issue, provided, however, that said Bond Issue shall be reimbursed to the extent of this advance as bonds have been sold and funds become available from the proposed Motor Vehicle Highway Bond Issue; further, the Council does hereby authorize the Mayor and City Clerk to execute in behalf of the City of Livonia an agreement authorizing this project upon approval as to form by the Department of Law at such time as this agreement is received from the Board of Wayne County Road Commissioners; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously ELaopted, it was #624-72 RESOLVED, that having considered a communication frcm the City Planning Department dated June 15, 1972 and submitted pursuant to Council resolution 360-71 with regard to the landscaping plan submitted for the Trinity Park Housing for the Elderly to be located on the east side of Middlebelt Road, south of Jamison in Section 24, the Council does hereby determine to approve of the said landscape plan, as submitted. By Councilman Ventura, seconded by Councilman Milligan, it was #625-72 RESOLVED, that having considered a communication dated May 23, 1972 from the City Planning Commission, which transmits its resolution No, 5-138-72 adopted by the Commission on May 9, 1972 with. regard to Petition No. 72-3-2-5, submitted by Angelo D'Orazio, 33660 Wood Drive, Livonia, requesting permission to operate a cement contractor's business in an existing building as a waiver use on property zoned M-1 located on the east side of Surrey Avenue between Schoolcraft Road and Graytona in the Southeast 1/4 of Section 28, the Council does hereby concur in the recom- mendation made by the City Planning Commission and Petition No. 72-3-2-5 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the City Planning Commission. 13084 A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #626-72 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 111 for the repaving of streets in Rosedale Gardens Subdivisions in Section 34, T. 1 S., R. 9 E., City of Livonia, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5, of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on June 26, 1972 at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be con- structed in Special Assessment District No. 111; 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 April 25, 1972, in the amount of $332,752.05 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. 111 is hereby approved and confirmed in all respects; (3) the amount of said roll shall be divided into ten (10) equal annual installments with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1972. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1972 and subsequent install- ments 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 13085 assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty days (60) from December 1, 1972 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1972 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, 1972 and there- after one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was RESOLVED, that the City Engineer having filed with the City Cle:ril a statement dated April 5, 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 June 26, 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 except insofar as limiting the width of the proposed improvement to a pavement which is 22 feet in width with no curb or gutter; (2) determine to make the improvement consisting of paving of Purlingbrook Avenue, from the south line of the Senior Citizens Apartment site, northerly to St. Martins, in the South 1/2 of Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said 13086 statement except as herein revised; 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 improve- ment as set forth in said statement dated April 5, 1972, except as herein revised; (4) determine that the estimated cost of such improvement is (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 and that the balance of said cost and expense of said public improvement amounting to 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 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 South 1/2 of Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as containing the following parcels: 02V2a2, 02c495, 02P10, 02P9, 02P8, and the North 127.8 feet of 02P7. (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 as 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 determination of the City Council; and L13087 (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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Milligan and McCann. NAYS: Bennett, Brown and Nash. The President declared the resolution DENIED. At the direction of the Chair, the item on the agenda with respect to the proposed Special Assessment District for the paving of Purlingbrook from Senior Citizens Apartment site northerly to St. Martins in Section 2, as well as the item on the agenda with respect to the proposed Special Assessment District for the widening and improving of Purlingbrook north of Seven Mile to the south line of the Senior Citizens Apartment site in Section 2, were removed and will be considered 9.-b the study session to be conducted on July 17, 1972. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 1 OF TITLE 5 (WATER) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA, BY AMENDING SECTION 5-403 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. 13088 By Councilman Ventura, seconded by Councilman McCann, and unanimouslyL adopted, it was #627-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 4, 1972 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and all owners of record of property subject to the proposed special assessment district having submitted in writing "a waiver of notice and proceedings" in accordance with Section 2-531 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; (2) determine to make the improvement consisting of street paving on Autry Avenue, N. E. 1/4 of Section 28 , T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improve- ment 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 May 4, 1972; (4) determine that the estimated cost of such improve- ment is $56,400.00; (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 0 and that the balance of said cost and expense of said public improvement amounting to $56,400.00 shall be borne and paid by special assessments on lands and premises in the special assessment districts as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement shall be paid in ten (10) annual installments together with interest thereon on the unpaid balance; ift. (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: 13089 That part of the N. E. 1/l of Section 28, T. 1 S., R. 9 E,, City of Livonia, Wayne County, Michigan, described as follows: Beginning at the Southwest corner of Lot No. 822 of Supervisor's Livonia Plat N. 14 as recorded in Liber 70, Page 69, of Wayne County Records, proceeding thence from said point of beginning, N. 0° 41' 44" E. along the west line of said Lot No. 822, 531.72 feet; thence S. 88° 16' 50" E., 711.21 feet to a point on the north line of Lot No. 815 of said plat; thence S. 1° 43' 10" W, 97.19 feet to a point on the north line of Lot No. 814; thence S. 88° 16' 50" E. along the north line of said Lot No. 814 and the extension thereof, 324.20 feet to the centerline of Stark Road (86' wide); thence S. 15° 07' 25" W. along said centerline 299.74 feet; thence N. 88° 16' 50" W. along the South line of Lot No. 812 and the extension thereof, 511.48 feet to the Southwest corner of said Lot No. 812; thence S. 0° 41' 44" W along the West line of Lot no. 822, 142.89 feet to the Southeast corner of said Lot No. 822; thence N. 88°16'50" W. along the South line of Lot No. 822, 447.49 feet to the point of beginning, as determined from Wayne County Records. The above described assessment district includes the following Wayne County Bureau of Taxation Parcel Numbers: 28e813a1, 814a; 28e813a2, 814b, 822b2a1b; 28e822b2a1a; 28e822b2a2; 28e822b1; and 28e812; (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 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. 1309C By Councilman Milligan, seconded by Councilman Ventura, it was #628-72 RESOLVED, that having considered a communication from the Depart- ment of Law, dated June 21, 1972, transmitting for Council acceptance a Grant of Easement dated June 15, 1972 executed by Lloyd H. Greer and Penny P. Greer, his wife, conveying to the City an easement to be utilitzed in resolving certain drainage problems in Mallon Subdivision, which ease- ment is more particularly described as: The South 4 feet of Lot 10, Mallon Subdivision, as recorded in Liber 91, page 8, Wayne County Records, said subdivision being a part of the East 1/2 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. the Council does hereby accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A rola call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #629-72 RESOLVED, that having considered a communication from the Depart- ment of Law, dated June 21, 1972, submitted pursuant to Council Resolution. #999-71, transmitting for Council acceptance a Grant of Easement dated June 16, 1972 executed by Frank C. Waskelis and Mary V. Waskelis, his wife, conveying to the City an easement to be utilized in connection with the construction of a metered connection to the new 48" City of Detroit transmission main along Schoolcraft Road, which easement is more particu- larly described as: Beginning at a point distant S. 14° 47' W. along the East line of Stark Road (86' wide) 19.39 feet from the N. W. corner of Lot No. 10, Newman Schoolcraft Farms Subdivision (Liber 69, Page 90) Part of the N. E. 1/4 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Proceeding thence from said point of beginning S. 88° 37' 15" E. along the south line of the south service road of I-96 Freeway, 180.61 feet to the east line of said Lot No. 10; thence S. 21° 40' 10" W. along said line 12.79 feet; thence N. 88° 37' 15" W., 146.16 feet; thence S. 1° 22' 45" W., 8.00 feet; thence N. 88° 37' 15" W., 34.77 feet to the East line of Stark Road; thence N. 14° 47' E. along said East line 20.56 Ceet to the point of beginning. Containing 0.056 acres more or less as determined from Wayne County Records. (Bureau. of Taxation Parcel 28d10a) 1309 . the Council does hereby accept the aforesaid. Grant of Easement and. the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #630-72 RESOLVED, that having considered a communication from the Depart- ment of Law, dated June 23, 1972, transmitting for acceptance a Grant of Easement dated June 5, 1972, executed by Livonia Public Schools School District by its secretary Geraldine W. Joyner, conveying to the City an easement to be utilized in connection with the construction of a water main to the site of the University Park Apartments, which easement is more particularly described as: The centerline of a 12' wide easement is described as follows: That part of the N. E. 1/4 of Section 7, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as commencing at the North 1/4 corner of said Section 7; thence North 88° 03' 03" E., along the North line of said Section 7 (also the centerline of Seven Mile Road) 396.07' , thence S 1° 56' 57" E., 90.00' ; thence S. 57° 38' 05" West along the easterly right-of-way of I-96, I-275 Freeway, 237.03' ; thence continuing along said easterly right-of-way South 14° 27' 05" West, 172,14' ; thence South 04° 03' 45" W, 894.42'; thence South 02° 37' 47" W, 110.87' ; thence South 0° 10' 55" E, 50.32' ; thence North 88° 02' 53" E., along the South line of Margareta Drive (140' wide) 6.00' ; to the point of beginning, thence South 0° 10' 55" E., (parallel to the east 11.ne of I-96, I-275 Freeway) 520.44' to the point of ending on South property line of Bureau of Taxation Parcel 7B2b1. the Council does hereby accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds, and to do all other things necessary or incidental to the full performance of this resolution. roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, and unanimously 13092 adopted, it was #631-72 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 (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, September 11, 1972 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item- Petition No. 72-4-1-23 submitted by the City Planning Commission on its own motion for a change of zoning of property located at the northeast corner of Terrence and Middlebelt in the Northwest 1/4 of Section 13, from RUF to C-1, the City Planning Commission having in its resolution No. 6-143-72 recommended to the City Council that Petition No. 72-4-1-23 be approved; further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the location of the proposed change of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Milligan, seconded by Councilman Bennett, it was #632-72 RESOLVED, that having considered a communication dated June 14 , 1972 from Bit-Con Corporation 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 June 6, 1972 by the City Planning Commission in its resolution No. 6-144-72 with regard to Petition No. 72-5-2-8 submitted by Bit-Con Corporation, 29741 Van Laan, Warren, Michigan, requesting to be granted a conditional use approval to locate an asphalt plant as a waiver use on property zoned M-2 and located on the west side of Levan Road between Schoolcraft Road and the C & 0 Railway in the Northwest 1/4 of Section 29, the Council does hereby designate Monday, September 11, 1972 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. 1j093 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Milligan and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Bennett, it was #633-72 RESOLVED, that having considered a communication from the City Engineer dated June 15, 1972, approved by the Chief City Attorney and the Director of Public Works and approved for submission by the Mayor, the Council does hereby approve of the proposed Agreement by and between the City of Livonia, the Board of County Road Commissioners of the County of Wayne and Orchard, Papke, Hiltz & McCliment, Inc., wherein the said firm of Orchard, Papke, Hiltz & McCliment, Inc. would complete the engineering work required for the Section 34 Combined Sewer Separation Project, which Agreement was transmitted by a letter dated June 5, 1972 from the Board of Wayne County Road Commissioners and the Council does hereby authorize the Mayor and City Clerk to affix their signatures to such contract for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution, and the City Clerk is requested to transmit four (4) executed copies of the Agreement, together with a copy of this resolution, to the said Board A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was #634-72 RESOLVED, that having considered a letter from the Mayor dated June 23, 1972, relative to the appointment of Joseph R. Talbot, 9901 Berwick, Livonia, Michigan, to the City Planning Commission for a term expiring on June 9, 1975, the Council does hereby approve of and concur in the appointment of Mr. Joseph R. Talbot, provided that he takes the Oath of Office required in Section 3, Chapter X of the City Charter administered by the City Clerk. Droll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was 130194 #635-72 RESOLVED, that having considered a communication from the Michi- gan Liquor Control Commission dated April 20, 1972 with respect to the action taken in Council resolution No. 161-72 adopted on February 16, 1972, approving above all others a full-year Class "C" License for Rocco Corsi to be located at 27910 West Seven Mile Road, Livonia, Michigan, the Council does hereby determine to amend the aforesaid Council Resolution so as to approve the said application for a Class "C" License from Corsi's Inc., to be located at 27910 West Seven Mile Road, Livonia, Michigan, such action to be based upon the same conditions and upon compliance by the applicant of those conditions set forth in Council resol- ution No. 161-72 as if fully set forth herein; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. h roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #636-72 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 August, 1972: Wednesday, August 16, 1972, Wednesday, August 30, 1972. By Councilman Ventura, seconded by Councilman Brown, and unanimously adppted, it was #637-72 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 McCann, it was #638-72 RESOLVED, that having considered a communication from the City Clerk dated July 10, 1972 and the schedule attached thereto, prepared by the Chief Accountant, with regard to certain rate increases authorized for the Detroit Edison Company by the Michigan Public Service Commission con- cerning street lighting rates and charges, the Michigan Public Service Commission having issued an interim rate increase order dated March 30, 1972, and in order to provide sufficient revenues to cover the deficiencies and increased rates resulting therefrom in special assessment lighting districts, the Council does hereby authorize the City Treasurer in accordance with the provisions set forth in Sections 2-514 and 2-527 of the Livonia Code of Ordinances to do all things necessary to levy suffi- cient assessments in the said special assessment lighting districts for the 1972-73 Fiscal Year in the following manner: 13095 L Percentage Lighting SAD Levy Required Increase to No. for 1972-73 be Applied 1 $ 4,693.47 1.696 3 2,732.33 2.110 5 1,549.64 .159 10 17,981.89 .861 11 12,517.36 .559 16 2,041.05 .288 19 29,966.12 .702 20 1,617.26 .503 21 20,440.33 .723 33 3,838.37 1.419 40 2,165.64 .587 41 9,623.83 .853 46 18,171.63 .884 47 3,193.62 .666 48 2,282.34 .347 49 4,555.06 ,1.98 50 8,808.46 .462 51 4,859.05 .496 54 1,601.25 1.199 56 2,246.27 .689 L 57 2,557.89 .607 75 3,252.97 .241 80 10,649.17 .553 83 3,948.72 1.356 86 816.18 1.803 87 19,820.22 .494 88 704.0o .561 89 1.,340.24 .666 91 796.25 .196 93 2,588.40 1.232 94 1,833.08 1.301 95 1,356.00 .490 96 1,934.75 .810 98 1,625.60 .234 99 2,740.00 •455 *105 4,399.64 .704 *108 3,332.00 .638, *In. Process of Being Installed. ,0JJ call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Milligan, McCann and Nash. LNAYS: Brown. the: -'resident declared the resolution adopted. By Councilman Milligan, seconded by Councilman Brown, and unanimously Idopted, it was L13096 #639-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated May 3, 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 July 10, 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; (2) determine to make the improvement consisting of Alternate Ma, 24 foot wide deep strength asphalt with valley swales, on Vargo Avenue, west of Merriman Road in Section 10, 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 improve- ment as set forth in said statement dated May 3, 1972; (4) determine that the estimated cost of such improvement is $35,361.44; (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 $5,304.22 and that the balance of said cost and expense of said public improvement amounting to $30,057.22 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 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 10, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as containing the following parcels : 13097 The West 100 feet of Lots 25, 26 and 27, the East 260 feet of Lot 27, and Lots 28 through 47, of Thomas F. O'Connor's Merriman Park Subdivision, Liber 67, Page 88, 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 and to assess to each such lot pr 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. The following resolution was unanimously introduced, supported and adopted: #640-72 RESOLVED, that having considered a letter from Don McCormick, President, Blue Grass Farms Civic Association, received by the City Clerk on July 12, 1972, requesting permission to hold a Street Dance for teenagers, the Council does hereby grant permission to Blue Grass Farms Civic Association to hold a Street Dance on July 26, 1972 from 8:00 p. m, to 11:00 p. m. on Ladywood Court; subject to the approval of the Police Department. By Councilman Milligan, seconded by Councilman Ventura, it was #641-72 RESOLVED, that having considered a communication dated July 12, 1972 from Donald C. Deremo, Attorney, the Council does hereby determine to reconsider its action taken in Council Resolution No. 608-72, adopted on June 28, 1972, which denied Petition No. 71-6-1-47 for the rezoning of property in Section 18 from R-3-B to P.S. roll cell vote was taken on the foregoing resolution with the following result• AYES: Brown, Ventura, Milligan and McCann. NAYS: Bennett and Nash. The President declared the resolution. adopted. X3098 By Councilman Milligan, seconded by Councilman Ventura, and unanimously n,dopted, it was #642-72 RESOLVED, that having considered a communication dated September 28, 1971 from the City Planning Commission which sets forth its resolution No. 9-256-71 with regard to Petition No. 71-6-1-47 submitted by Steve and Anna Oliwek for a change of zoning on property located on the west side of Newburgh Road, south of Six Mile Road in the Northeast 1/4 of Section 18, from R-3-B to P.S., and the Council having conducted a public hearing with regard to this matter on January 10, 1972 pursuant to Council resolution No. 1016-71, the Council does hereby determine to table this matter pend- ing a final determination with regard to the rezoning of property in Petition No. 71-4-1-20 (Edwards property) and the surrounding area. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #643-72 RESOLVED, that having considered a communication from the Park, and Recreation Commission dated July 12, 1972, approved by the Budget Director and approved for submission by the Mayor, wherein it is recommend- ed that the Mini-Bike Trail, located in Section 21 on property owned by the Archdiocese of Detroit, be enclosed with a four foot cyclone fence, total footage to be 1600 feet, the Council does hereby authorize the Parks and Recreation Commission to take competive bids in accordance with provisions of law and City Ordinances. By Councilman Milligan, seconded by Councilman Ventura, and unanimously aropted, this 739th regular meeting of the Council of the City of Livonia, was duly djourned at 9:50 p. m., July 12, 1972. ,10114k ADDISON W. BACK Ierk.