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HomeMy WebLinkAboutCOUNCIL MINUTES 1971-07-28 12293 MINUTES OF THE SEVEN HUNDRED FIFTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 28, 1971, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:05 P.M. Councilman Milligan 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. Addison W. Bacon, City Clerk; Virginia G. Handzlik, Deputy City Clerk; Harry C. Tatigian,City Attorney, Robert E. Osborn, Director of Public Works, John Nagy, City Planner; Jack Dodge, Budget Director; Richard Jones, Water and Sewer Department, H. L. Bridges, Assistant City Assessor; Frank Kerby, Chief Building Inspector; Michael Reiser, Water and Sewer Board; Gary Clark, Engineering Department; John Dufour Superintendent, Parks & Recreation; Frank Hand, Planning Commission, and John Bunk Acting Chief, Fire Department. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #672-71 RESOLVED, that the minutes of the 714th regular meeting of the Council of the City of Livonia, held on July 14, 1971, are hereby approved. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 15 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: PET. 70-7-1-29 FOR CHANGE-OF ZONING FROM C-2 AND R-1 TO C-4 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Raymond and Nash NAYS: Bennett, Brown and Ventura L The President declared the foregoing Ordinance duly adopted and would become effective on publication. T94 L Councilman Raymond gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AI€NDING ARTICLE III OF ORDINANCE NO. 543, AS A LIDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PET. 70-2-1-5 FOR CHANGE OF ZONING FROM RUF TO C-2 By Councilman Bennett, seconded by Councilman McCann, it was RESOLVED, that roll call vote on this proposed ordinance be tabled until all matters relating to the development of this area have been resolved. A roll call vote was taken on the tabling resolution with the following result: AYES: McCann, Bennett and Ventura. NAYS: Milligan, Brown, Raymond and Nash. The President declared the tabling resolution denied. LA roll call vote was taken on the original resolution with the following result: AYES: Milligan, Brown, Raymond and Nash. NAYS: McCann, Bennett and Ventura. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman McCann gave second reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (PET. 71-3-3-9) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. LBy Councilman Ventura, seconded by Councilman Brown, it was #673-71 RESOLVED, that having considered a communication from the City Engineer dated June 30, 1971, approved by the Director of Public Works and approved for submission by the Mayor, the council does hereby accept the unit price bid of Washtenaw Asphalt Company for paving the Plymouth Road alley between Merriman Road and Hubbard Road in Section 34, City of Livonia, L12295 for the estimated cost of $24,957.50 (based upon Engineering Division's estimate of units of work involved) and subject to a final payment based upon the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work, and the Director of Public Works is hereby authorized to approve all minor changes in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution; further, the Council does hereby authorize an expenditure of a sum not to exceed 7800.00 for the purpose of having the Michigan Bell Telephone Company complete the relocation work for its facilities in connection with this project; and the Council does hereby authorize the advance of an appropriation in the amount of $42,857.50 from the $9.8 Million Street and Road General Obligation Bond Issue for this project with the provision that such bond issue shall be reimbursed at such time as proceeds from special assessment bonds are received in connection with the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Reymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #674-71 RESOLVED, that having considered a communication from the City Engineer dated June 22, 1971, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the bid of Universal Incinerator Corp. , 21805 Schoenherr Rd., Warren, Michigan, 48089, for installing a pathological incinerator at the City's Dog Pound, for the price of $7900.00, the same having been in fact the lowest bid received for this item, and the Director of Public Works is hereby authorized to approve all minor changes in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and in behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidenta± to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #675-71 RESOLVED, that having considered a communication dated July 9, 1971 from the Supt. of Parks and Recreation, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $751.50 from the Tools and Supplies Account 711-766 to the Capital Outlay Account 708-970, in order to purchase a typewriter at a cost of $486.00 and an adding machine at a cost of $265.50. A roll call vote was taken on the foregoing resolution with the following result: 12296 AYES: itilligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Raymond, it was #676-71 RESOLVED, that in the interest of developing and maintaining a beautiful and pleasant city, the Council hereby determines that the following shall be the policy regarding the installation, use and maintenance of water supply systems on city owned boulevard islands, cul-de-sacs, and greenbelts along or in the public right-of-way; further, in establishing this policy, the Council recognizes that the care and beautification of certain islands, cul-de-sacs and greenbelts is properly the sole responsibility of the city in that the benefits derived therefrom are enjoyed by the city as a whole, and that in other cases the benefits accrue more particularly to a relatively small group of citizens and therefore it is proper that the responsibility and costs be borne by them. Section I. The City shall provide and maintain, from the general fund, water supply systems where it deems them necessary, on all centerline boulevard islands, on mile roads, and/or those roads designated on the Master Plan as half (1/2) mile roads. This section is not to be construed as including, and in fact specifically excludes, those islands that divide a mile road or half mile road from "service drives." In those cases, Section II applies. No reimbursement of costs will be made for watering systems installed prior to the establishment of this policy. Section II. The following shall apply to all boulevard islands, cul-de-sacs, and greenbelts other than those covered in Section I: A. Upon written request by a recognized Civic Association or by a resident property owner or group of resident property owners, the City may, upon determining that there is acceptance of responsibility as required below, install a water tap or taps for the purpose of watering the island, cul-de-sacs, or greenbelt. B. A fee of $150 per tap shall be charged by the City and shall be preuid by the Civic Association, owner, or owners of interest prior to actual installation. In addition, water meters will be required on all island water taps. The meter installation cost shall be borne by the Water and Sewer Division. C. The Civic Association, owner or owners of interest shall agree to pay for the water consumed in accordance with the currently established commercial water rates. Those islands which are already tapped shall pay for water in accordance with the following schedule until meters have been installed: Area of Island No. of Sprinkler Heads Cost per Quarter Up to 200 S.F. 1 Head $ 6.00 200 S.F. to 500 S.F. 2 Heads $ 12.00 Over 500 S.F. 3 Heads or more $ 18.00 12297 D. The service connection costs shall include all materials including vacuum breakers where required. Where sprinkler systems are installea vacuum breakers shall be required per Water Department specifications. E. The Civic Association, owner, or owners shall be required to agree to and designate a responsible person or persons for the assignment of a turn-on turn-off key and/or the receipt of water bills. F. It shall be the responsibility of the Civic Association, owner, or owners to notify the Water Department whenever the responsible person required in (E) above is changed or that service is to be discontinued. G. The Civic Association, owner, or owners shall agree to assume full responsibility for the care, repair, and maintenance of the tap and the costs that may accrue thereto. All appurtenances attached to the water tap shall be the responsibility of the Civic Association, owner, or owners. Section III. Water taps to be installed and billed under this policy shall be approved by the Water and Sewer Commission and all revenues derived from the service shall be deposited to the appropriate account(s) of the Water Department. Interpretation of this policy shall be delegated to the Water and Sewer Commission. Aggrieved parties shall have the right to appeal decisions of the Commission to the Council for final determination. Section IV. Resolution No. 787-69 and all other resolutions that may be in conflict withthis resolution are hereby rescinded in order to give this policy full force and effect. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: Milligan. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #677-71 RESOLVED, that having considered communications from the Mayor dated July 12 and July 19, 1971 which sets forth a list of priorities proposed by the Mayor for paving and road improvement projects, the Council does hereby refer the same to the Streets Roads and Plats Committee for its report and recommendation. By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, it was #678-71 RESOLVED, that having considered the report and recommendation dated June 22, 1971 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: L12298 Address of Property Needing No. of Sidewalk Flags Sidewalk Replacement Parcel Number Needing Replacement 29322 Elmira 36g1 4 29306 Elmira 36g2 8 29244 Elmira 36g3 4 29200 Elmira 36g6 6 29148 Elmira 36g7 8 29136 Elmira 36g8 8 29124 Elmira 36g9 6 29112 Elmira 36g10 3 29100 Elmira 36g11 3 29034 Elmira 36g13 4 29024 Elmira 36g14 4 29012 Elmira 36g15 4 11126 Garden 36g26 4 11036 Garden 36g30 9 11014 Garden 36g31 14 11011 Garden 36g32 2 11033 Garden 36g33 4 11181 Garden 36g40 5 11201 Garden 36g41 7 11261 Garden 36g44 2 11240 Haller 36g48 5 11100 Haller 36g55 4 11078 Haller 36g56 2 11056 Haller 36g57 4 11055 Haller 36g62 4 11101 Haller 36g64 2 11121 Haller 36g65 2 111141 Haller 36g66 5 11161 Haller 36g67 5 11181 Haller 36g68 1 11241 Haller 36g71 3 11033 Oxbow 36g89 4 11141 Oxbow 36g94 3 11180 Karen 36g107 3 11160 Karen 36g108 2 11012 Karen 36g115 10 11033 Karen 36g117 5 11101 Karen 36g120 4 11141 Karen 36g122 5 11241 Karen 36g127 4 11261 Karen 36g128 4 11281 Karen 36g129 5 11118 Middle Belt 36gOLDc 5 11108 Middle Belt 36gOLDc 6 L 11320 Middle Belt (side street Elmira) 36gOLC 8 ROSEDALE GARDENS SUBDIVISION #1 as recorded in Wayne County Records Liber 5§1.10.222_59 11318 Melrose 34a123 & 124a 8 L Address of Property Needing 12299 No. of Sidewalk Flags Sidewalk Replacement Parcel Number Needing Replacement 11415 Melrose 34a139,140 4 11407 Melrose 34a142 3 11404 Auburndale 34a161 3 11304 Arden 34a85,86 3 11405 Arden 34a107b,108a 4 ROSEDALE GARDENS SUBDIVISION #2 as recorded in Wayne County Records Liber page 12 9900 Melrose 34b377,338 5 9910 Melrose 34b339 & 340 2 9912 Melrose 34b341 6 10005 Melrose 34b366 3 11027 Melrose 34b361 3 11040 Melrose 34b355b,346 5 11025 Ingram 34b534,535a 2 11026 Ingram 34b487b,488,489a 2 11427 Ingram 3410512b,513,514a 1 11427 Berwick 34b439 5 11305 Berwick 34b451b,452 2 11040 Berwick 34b434 3 11025 Berwick 34b459b,460 1 10005 Berwick 34b463,464a 4 9925 Auburndale 34b409 & 410a 3 9929 Auburndale 34b408 2 10001 Auburndale 34b406b,407 11 11009 Auburndale 34b405,406a 4 11034 Auburndale 34b393 5 10001 Blackburn 34b612 8 11032 Blackburn 34b565 4 11030 Blackburn 34b564 2 9900 Arden 34b297 8 9908 Arden 34b299 3 9920 Arden 34b303,304a 3 9924 Arden 34b304b,305a 4 9929 Arden 34b328,329a 4 11012 Arden 34b308b,309 3 ROSEDALE GARDENS SUBDIVISION #4 as recorded in Wayne County Records Liber 59, page 75 9840 Melrose 34c934 4 9836 Melrose 34c932b,933 1 9828 Melrose 34030,931a 7 9826 Melrose 34029 2 L 9836 Ingram 34c1055 2 9837 Blackburn 34c1097,1098a 5 9610 Arden 34c878,34c879a1 2 9831 Arden 34c899b, 900,901a 8 9828 Arden 34c889b,34c890a 2 12300 Imo Address of Property Needing No. of Sidewalk Flags Sidewalk Replacement Parcel Number Needing Replacement 9832 Arden 34c892 2 9837 Arden 34c896b-897 5 9841 Arden 34c895 & 896a 12 9616 Auburndale 34c961,962a 2 ROSEDALE GARDENS SUBDIVISION #8 as recorded in Wayne County Records Liber 71, pale 75 _ ___ 9624 Hayfield 34f1513 4 9810 Mayfield 3411515 3 9829 Hayfield 34f1584 2 9834 Hayfield 3411520 3 9909 Mayfield 3411579 3 9915 Mayfield 3411577 2 11022 Mayfield 3411531 2 11026 Mayfield 3411532 3 11032 Mayfield 3411534 3 11401 Mayfield 34./1560 3 1450 Mayfield 3411551 2 11451 Mayfield 3411552 3 11030 Brookfield 3411446 3 32600 West Chicago 34g1594 3 Imp ROSEDALE GARDENS SUBDIVISION #9 as recorded in Wayne County Records Liber 73, gage 41 -- 32800 West Chicago 34g1769 3 9912 Woodring 34g1786c,1787a 2 9912 Roseland 34g1699c,1700a 3 9913 Roseland 34g1753b,1754a 2 9910 Roseland 34g1699b 2 9912 Loveland 34g1613 2 9837 Loveland 34g1670 3 9833 Loveland 34g1671 2 9834 Loveland 34g1608 2 9828 Loveland 34g1607 8 ROSEDALE GARDEaS SUBDIVISION #10 as recorded in Wayne County Records Liber 74, page 3 9627 Woodring 34h1821 3 ROSEDALE GARDENS SUBDIVISION #11 as recorded in Wayne County Records Liber 74, page 67 9901 Shadyside 3431911 2 9915 Woodring 34j1919a 2 1110 33110 W. Chicago 3431879 2 L12301 ROSEDALE GARDENS SUBDIVISION #14 as recorded in Wayne County Records Liber 76, page.75, 76 ___,_,___.___ _______ ___ 9335 Woodring 34p2059 7 33031 Vermont 34p2038 10 9245 Virginia 34p2019 1 33316 Oregon 34p2020 5 33331 Oregon 34p2024 3 ROSEDAALE MEADOWS SUBDIVISION as recorded in Wayne County Records LibeL76_page 41, 42, 43 9373 Melrose 34n134 7 9312 Melrose 34n126 2 9114 Melrose 34n116 3 8992 Melrose 34n114 2 8980 Melrose 34n113 5 8968 Melrose 34n112 3 9361 Frederick 34n88 2 9311 Frederick 34n91c,92a 3 9339 Frederick 34n90,91a 3 9348 Frederick 34n32,33a 4 8930 Frederick 34n51 2 32034 Delaware 34n6 3 9383 Florida 34n303 8 9371 Florida 34n304 8 9362 Florida 34n298 2 9359 Florida 34n305 7 9347 Florida 34n306 5 9335 Florida 34n307 2 9245 Florida 34n313 3 9317 Texas 34n232 1 9296 Texas 34n216 3 9272 Texas 34n214 3 9260 Texas 34n213 3 9247 Texas 34n237 2 9219 Texas 34n239 2 9201 Texas 34n240 3 9030 Texas 34n200 2 9017 Texas 34n246a 2 9018 Texas 34n199 9 9106 Texas Court 34n204 23 9122 Texas Court 34n205 9 9138 Texas Court 34n206 8 9146 Texas Court 34n207 5 9150 Texas Court 34n208 6 9156 Texas Court 34n209 12 31544 Alabama 34n110 17 31624 Alabama 34n151 8 31728 Penn 34c194 2 L 12302 Address of Property Needing No. of Sidewalk Flags Sidewalk Replacement Parcel Number Need n Replacement ROSEDALE MEAD0 S SUBDIVISION #2 as recorded in Wayne County Records Liber 77, pale 40, 1, 42 32300 Hees 34g403 5 32236 Hees 34g402 3 32224 Hees 34g401 10 32212 Hees 34g400 2 31520 Hees 348492 4 32136 Hees 34g398 4 8812 Nebraska 34g566 3 8809 Nebraska 34g527 2 8885 Merriman 348554 6 31649 Wyoming 34g486 2 31629 Alabama 348454 2 ROSEDALE GARDENS SUBDIVISION #4 as recorded in W.C. Records Liber 59, Page 75 9841 Arden 34c895 & 896a 15 9838 Blackburn 34c1096, 1095 4 ROSEDALE GARDENS SUBDIVISION #8 as recorded in W.C. Records Liber 71, Page 75 Hubbard Road 34f1596a1 225 feet (entire walk) Fairfield 34f1596a1 112.50 ft.(entire walk) Fairfield 34f1596a2 112.50 ft.(entire walk) Fairfield 34f1596b 400 ft. (entire walk) Orangelawn 34f1596b 257 ft. (entire walk) ROSEDALE GARDENS SUBDIVISION #1 as recorded in W.C. Records Liber 56, page 59 11300 Berwick 34a187 Elmira - entire side 11301 Auburndale 34a186 " entire side 11040 Auburndale 34a153 it entire side 11301 Melrose 34a152 U' entire side 11300 Melrose 34a119 It entire side 11301 Arden 34a118 " entire side 11304 Arden 34a85 & 86 it entire side ROSEDALE GARDENS SUBDIVISION #2 as recorded in W.C. Records Liber 57, page 12 11301 Berwick 34b453 ElMira - entire side 11300 Ingram 34b494 " entire side 11301 Ingram 34b527 " entire side 11300 Blackburn 34b568 " entire side 11305 Blackburn 34b601 11 entire side 11300 Cranston 34b642,643 " entire side 11303 Cranston 34b675 It entire side 11300 Hubbard 34b716 it entire side 11036 Hubbard 34b715 It entire side 11037 Cranston 34b676 it entire side LSIDEWALKS ON ELMIRA from Hubbard to Merriman 12303 Address of Property Needing Sidewalks on Side Street Parcel Number Sidewalk Needed 11036 Cranston 34b641 entire side 11037 Blackburn 34b602,603a f' ft 11038 Blackburn 34b567 II U 11037 Ingram 34b528 II It 11040 Ingram 34b493 " 11041 Berwick 34b454 " " 11040 Berwick 34b436 U ft 11037 Auburndale 3410397 " " 11040 Auburndale 34b396 11 " 11037 Melrose 34b357 " II 11040 Melrose 34b356,355b " II 11041 Arden 34b317 'I II 11040 Arden 34b316,315b " " ROSEDALE GARDENS SUBDIVISION #7 as recorded in W.C. Records Liber 69, page 80 11037 Merriman 34e1334 entire side 9841 Merriman 34e1349a 5 ft. of vacated alley Imo SIDEWALKS ON ORANGELAWN from Hubbard to Merriman ROSEDALE GARDENS SUBDIVISION #2 as recorded in W.C. Records Liber 57, page 12 9900 Hubbard 34b696 entire side 9901 Cranston 34b695,694 " It 9900 Cranston 34b622 I' II 9905 Blackburn 34b621,620b in It 9900 Blackburn 34b548,549a I? II 9901 Ingram 34b547 " " 9900 Ingram 34b474 II H 9901 Berwick 34b473 II II 9900 Berwick 34b417 if " 9901 Auburndale 34b416 I! It 9900 Auburndale 34b377 II U 9901 Melrose 34b376 II U 9900 Melrose 34b337,338 Il It 9901 Arden 34b336 I' II 9900 Arden 34b297, 298 Il It ROSEDALE GARDENS SUBDIVISION ##4 as recorded in W.C. Records Liber 59,ge 75 9841 Arden 340895 & 896a 15 flags L 9840 Auburndale 34c974 entire walk 9839 Ingram 34c1057 entire walk 9838 Blackburn 34c1096, 1095 4 flags 9840 Arden 34c893b & 894 5 ft. of vacated alley 123011 Address of Property Needing No. of Sidewalk Flags Sidewalks on Side Street Parcel Number Needing Replacement SIDEWALKS ON ORANGELAWN from Hubbard to Merriman ROSEDALE GARDENS SUBDIVISION #8 as recorded in W.C. Records Liber 71, page 75 Hubbard Road 34f1596a1 225 ft. (entire walk) Fairfield 34f1596a1 112.50 ft.(entire walk)? Fairfield 34.f1596a2 112.50 ft.(entire walk) Fairfield 34f1596b 1100 ft.(entire walk) Orangelawn 34f1596b 257 ft.(entire walk) CROSSWALKS Location of Property Needing No, of Sidewalks Flags Sidewalk Replacement Needing Replacement Haller and Orangelawn 5 Oxbow and Orangelawn 4 Karen and Orangelawn 6 Middle Belt and Orangelawn 3 Middle Belt and Elmira 8 Idaho and Maine 2 Texas and Maine 2 Arizona and Frederick 6 Alabama and Melrose 3 Berwick and Orangelawn 4 Hubbard and Elmira two entire crosswalks Cranston and Elmira four entire crosswalks Blackburn and Elmira four entire crosswalks Ingram and Elmira four entire crosswalks Berwick and Elmira four entire crosswalks Auburndale and Elmira four entire crosswalks Melrose and Elmira four entire crosswalks Arden and Elmira four entire crosswalks Fairfield and Orangelawn one complete crosswalk Hubbard and Orangelawn four complete crosswalks Cranston and Orangelawn two complete crosswalks Blackburn and Orangelawn two complete crosswalks Ingram and Orangelawn two complete crosswalks Berwick and Orangelawn two complete crosswalks Auburndale and Orangelawn two complete crosswalks Melrose and Ora ngelawn three complete crosswalks Arden and Orangelawn three complete crosswalks 12305 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 all 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; 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, 1971. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #679-71 RESOLVED, that having considered a communication from the Planning Department dated July 2, 1971 which submits a proposed ordinance amendment prepared by the Department of Law and a Zoning Nap amendment, prepared by the Planning Department, which would reflect therein the Judgment rendered by the Circuit Court for the County of Wayne on March 22, 1971 in Civil Action No. 150354 entitled Samuel Frankel, et al. vs. City of Livonia, et al., and which judgment is recorded with the Wayne County Register of Deeds at Liber 17665, Page 579, the Council does hereby request that the City Clerk publish the said proposed ordinance in accordance with provisions of law, and City departments thereafter reflect the changes set forth in the proposed ordinance in their records and ordinances, in accordance with provisions of law. By Councilman Milligan, seconded by Councilman Bennett, it was #680-71 RESOLVED, that having considered the report and recommendation dated June 29, 1971 from the City Engineer, approved by the Directoy5of Pub. Wks. & Safety-Fire, and approved for submission by the Mayor, and the attached final estimate dated May 5, 1971, the Council does hereby authorize final payment in the amount of $6,172.30 to Robertson Plumbing and Heating, the mechanical trades contractor for Fire Stations No. 5 and 6, which sum inclucbd the full and complete balance due on a contract dated January 28, 1970 in the amount of $122,404.00 and also the sum of $1,042.00 for additional work performed by the aforesaid contractor in connection with this project, it appearing from the aforementioned report that all work under the said contra* has been completed in accordance with City standards and specifications, and that the necessary contractor's affidavits, waivers of lien and guaranty have been filed; and the City Clerk and 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was 12306 #681-71 RESOLVED, that having considered a communication dated July 7, 1971 from the Assistant Assessor and the communication dated June 16, 1971 attached thereto from Ira J. Rapson and Diable A. Rapson, his wife, of 23001 Rosedale Avenue, St. Clair Shores, Michigan, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the City of Livonia Zoning Ordinance, the Council does hereby determine to deny the request for dividing tax item 02Nllal located in the City of Livonia, Wayne County, Michigan, into two parcels since the same would create two parcels which would be in violation of the City's Zoning Ordinance. The communication dated April 14, 1971 from the Department of Public Works, relative to the use of trash containers on Plymouth Road was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #682-71 RESOLVED that having considered a communication dated July 12, 1971 from the Mayor with respect to proposals in connection with solid waste disposal, the Council does hereby refer the same to its Waste Disposal Study Committee for its report and recommendation. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #683-71 RESOLVED, that having considered a communication from the City Planning Commission dated July 14, 1971 which transmits its resolution #6-191-71 adopted by the Commission on June 29, 1971 with respect to Petition No. 71-6-8-9, submitted by Robert F. Adams, LanDevel Enterprises, Inc. requesting site plan use and site plan approval for a Pic-Way Shoe Mart to be located on the south side of Plymouth Road, east of Middlebelt Road, in the Northwest 1/4 of Section 36, the Council does hereby, pursuant to provisions set forth in Section 18.55 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 71-6-8-9 is hereby approved based upon the same conditions as those which are set forth in the aforesaid action of the Planning Commission, with the exception that the front yart setback shall be at the discretion of the Zoning Board of Appeals. The following resolution was unanimously introduced, supported, and adopted: #684-71 RESOLVED, that having considered a request from the Devon-Aire Woods Civic Association dated July 15, 1971, the Council does hereby grant permission to the said Civic Association to conduct their annual corn roast on Robert Drive between Milburn and Flamingo during the hours of 8:00 p.m. and 1:00 a.m. on August 21, 1971 (or, in the event of rain on August 22, 1971 between the hours of 4:00 p.m. and 9:00 p.m.), subject to the approval of the Director of Public Safety-Police; and further, the Council does hereby grant permission to the said Civic Association to use a sound truck during the day of the event for the purpose of announcing the said corn roast. L12307 The following resolution was unanimously introduced, supported, and adopted: #685-71 RESOLVED, that having considered a request from Mrs. Sharon Miles, 31112 W. Chicago, Livonia, Michigan, dated July 12, 1971, the Council does hereby grant permission to Mrs. Miles and other residents to conduct "A Family Happening" which street dance shall be conducted on West Chicago between Merriman and Sunset, between the hours of 7:30 p.m. and 9:30 p.m. on August 20, 1971, subject to the approval of the Director of Public Safety-Police. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 6, CHAPTER 1, (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTIONS 6-102, 6-105, 6-112, 6-114, 6-115, 6-116, 6-124, 6-125, 6-126, 6-129, 6-137, 6-138, 6-143, 6-148, 6-149, 6-152, 6-156, 6-161, 6-163, 6-164, 6-166, 6-168, 6-169, 6-170, 6-171, AND 6-173 THEREOF, AND REPEALING SECTION 6-172 THEREOF. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. e above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #686-71 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated May 13, 1971 submitted pursuant to Council resolution No. 88-71, in connection with Petition No. 70-10-6-5 submitted by the City Planning Commission to amend the Zoning Ordinance, Ordinance No. 543, as amended, Article VIII, R-7 District Regulations, Section 8.04(a) relating to type of construction and architectural quality; Section 8.04(b) relating to landscaping, and adding Section 8.06 relating to enclosed parking, the Council does hereby determine to refer this matter back to the City Planning Commission for further review and a new report and recommendJial By Councilman Milligan, seconded by Councilman Raymond, and unanimously eopted, it was #687-71 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated May 13, 1971 submitted pursuant to Council resolution No. 95-71, with regard to the proposal relating to a "religious" designation on the Zoning Map, the Council does hereby determine to take no further action with respect to this matter since the zoning map already has such a designation. 12308 The communication dated July 23, 1971 from Robert J. Eliassen, relative to the Waiver Use Petition #71-5-2-17, and Petition #71-5-1-29, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #688-71 RESOLVED, that having considered a communication from the City Planning Commission, dated July 2, 1971, which transmits its resolution No. 6-168-71, adopted by the Commission on June 15, 1971, with respect to Petition No. 71-3-2-14, submitted by Gulf Oil Company, by Ray Zimmerman, Real Estate Representative, requesting permission to construct a storage building and a vending area as an addition to the existing gasoline service station, as a waiver use on property zoned C-2, located on the southwest corner of Plymouth Road and Levan Road in the Northwest 1/4 of Section 32, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 71-3-2-14 is hereby approved and granted, such action to be based upon the conditions as are set forth in the aforesaid recommendation of the Planning Commission. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #689-71 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated April 27, 1971 and the report and recommendation of the Acting Chief of Police, dated July 8, 1971, in connectiontherewith, the Council does hereby approve of the request from Interlake Investments, Incorporated, for transfer of ownership of 1970 Class C Licensed Business, with Dance Permit, located at 32826 Five Mile Road, Livonia, Michigan, County of Wayne, from Bouche & Associates, Incorporated; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #690-71 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated April 19, 1971 and the report and recommendation of the Acting Chief of Police, dated July 8, 1971, in connection therewith, the Council does hereby approve of the request from Fil-Mar Inc. for transfer stock interest in a 1970-71 SDM licensed business by increasing capital stock from 50,000 to 100,000 shares and additional stock issued to remaining stockholders; change Corporate name from Fil-Mar Super Market, Inc. and add Anthony Lanza as stockholder by transferring 7,000 shares from Dominic Lanza and add Americo Capaldi as stockholder by transferring 7,333 shares of stocit from Henry Capaldi located at 27531 Grand River Avenue, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. L12309 At 9:00 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. The communication dated June 21, 1971 from the Planning Commission relative to ths withdrawal of Petition 70-3-1-8 was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #691-71 RESOLVED, that having considered a communication dated March 3, 1971 from the City Planning Commission which transmits its resolution #2-48-71 wherein the Commission did delete certain property located south of Pembroke Avenue between Merriman Court and Sunset Boulevard in the Southwest 1/4 of Section 2, from Part V of the Master Plan, the Master School and Park Plan, which property is more particularly described as: That part of the S.W. 1/4 of Section 2, T. 1S., R. 9E., City of Livonia, Wayne County, Michigan, described as being the south 180 feet of the north 1370 feet of the east 35 acres of the west 1/2 of S.W. 1/4 of said Section 2, Parcels N2 and Nlala. the Council does hereby acknowledge receipt of such action. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #692-71 RESOLVED, that the Council having considered a communication dated. June 21, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring in Tiffany Park Subdivision No. 5 in Section 19, 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 to prepare and cause 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 June 25, 1971 and that there has been a Dill compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, September 13, 1971 at 8:00 P.M. as the date and time for 12310 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 Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #693-71 RESOLVED, WHEREAS, pursuant to the direction of the City Council in its resolution No. 406-71 adopted on May 5, 1971, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of June 18, 1971 an assessment roll dated June 10, 1971 for the installation of street lighting with underground wiring on Cardwell Avenue, between Plymouth Road and West Chicago, in the N.E. 1/4 of Section 36, T. 1 S., R. 9 E., 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 No. 1009-69; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, September 13, 1971 at 8:00 p.m. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the afore- said date of September 13, 1971; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Milligan, seconded by Councilman Raymond, and unanimously dopted, it was #694-71 RESOLVED, WHEREAS, pursuant to the direction of the City Council in its resolution No. 407-71 adopted on May 5, 1971, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the Assessor of the City of Livonia has prepared, reported and certified to the Council under date of June 23, 1971 an assessment roll dated June 14, 1971 for the 12311 installation of ornamental street lighting with underground wiring on Deering Avenue, north of Joy Road, in the S.E. 1/4 of Section 36, T. 1 S., R. 9 E., 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 No. 672-69; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, September 13, 1971 at 8:00 P.M. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of September 13, 1971; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #695-71 RESOLVED, WHEREAS, pursuant to the direction of the City Council in its resolution No. 459-71 adopted on May 19, 1971 and in accordance with Section 2-511 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 June 30, 1971 an assessment roll dated June 21, 1971 for the installation of sidewalks on Newburgh Road between Schoolcraft and Seven Mile Roads in Sections 8, 17, 18 and 19, T. 1 S., R. 9 E., 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 No. 1133-69; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Nile Road on Monday, September 13, 1971 at 8:00 p.m. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; 12312 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 afore- said date of September 13, 1971; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #696-71 RESOLVED, that the Council having adopted resolution No. 617-70 at its regular meeting held on June 6, 1970 requiring the City Engineer to ascertain the assessed valuation of all property affected by the road improvement of Antago Street, between Seven Mile Road and Vassar Avenue in Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to pre- pare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk to- gether 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 in- formation, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of July 20, 1971 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, September 13, 1971 at 8:00 P.M. as the date and time for a public hearing on the NECESSITY for such proposed im- provement, 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 Milligan) seconded by Councilman Raymond, and unanimously cdoptcd, it was #697-71 RESOLVED, that the Council having adopted resolution No. 622-71 at its regular meeting held on June 30, 1971 requiring the City Engineer to ascertain the assessed valuation of all property affected by the Coventry Gardens Subdivision street improvements in Section 16, T. 1 S., R. 9 E., im. City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause 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 12313 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 July 20, 1971 and that there has been a full compliance with all of the provisions of Section 2-5C6 of the Livonia Code of Ordinances as amended, the Council does hereby set Monday, September13, 1971 at 8:00 PM 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 Ventura, seconded by Councilman McCann, and unanimously adopted, it was #653 -71 RESOLVED, WHEREAS, Section 13 (e) of Act 52, Public Acts of 1951, provides that each incorporated city and village to which funds are returned under the provisions of this section, that "the responsibility for all street improvement, maintenance and traffic operation work shall be coordin- ated by a single administrator to be designated by the governing body who shall be responsible for and shall represent the municipality in all trans- actions with the State Highway Commissioner pursuant to the provisions of this act," NOW, THEREFORE, BE IT RESOLVED that, this Honorable Body designate G. E. Siemert, as the single administrator for the City of Livonia in all transactions with the State Highway Commissioner as provided in Section 13 of this Act, and all other prior resolutions to the contrary are hereby rescinded. By Councilman Raymond, seconded by Councilman Milligan, it was #699-71 RESOLVED, that the City of Livonia enter into an agreement with the Board of County Road Commissioners of the County of Wayne, Michigan, relative to the improvement of Middle Belt Road by constructing a grade separation thereon between Schoolcraft Road and Plymouth Road in the City of Livonia, Wayne County, Michigan; a copy of said agreement is attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that the Mayor and the City Clerk be and the same are hereby authorized to execute the foregoing agreement for and on behalf of the City of Livonia. A roll call was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash NAYS. None. The President declared the foregoing resolution duly adopted. Councilman Ventura gave first reading to the following Ordinance: 12314 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 5-401 (b) AND (c) 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 9:30 P.M. By Councilman Ventura, seconded by Councilman Milligan, it was #700-71 RESOLVED, that having considered a communication from the Industrial Development Commission dated June 23, 1971 and having considered the report and recommendation dated January 4, 1971 from the City Planning Commission which sets forth its resolution No. 12-141-70 in regard to Petition No. 70-10-6-8 initiated by Council resolution No. 1008-70, pursuant to Section 23.01 (a) of the Zoning Ordinance, No. 543, by adding paragraph (f), union offices, union halls, meeting halls and assembly halls, to Uses Permitted in ML Districts, and the Council having conducted a public hearing with regard to this matter on March 8, 1971, pursuant to Council resolution No. 71-71, the Council does hereby refer this matter to its Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. The President declared the resolution adopted. *Councilman Raymond returned at 9:31 P.M. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #701-71 :RESOLVED, that having considered the report and recommendation dated August 15, 1969 from the City Planning Commission which sets forth its resolution No. 7-98-69 in regard to Petition No. 69-6-1-18 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the south side of Schoolcraft between Farmington and Hubbard Roads in the Northwest 1/4 of Section 27 from RUF to M-1, and the Council having conducted a public hearing with regard to this matter on November 5, 1969 pursuant to Council resolution No. 1033-69, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 12315 Number 69-6-1-18 is hereby approved and granted, 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. 5113, as amended, in accordance with this resolution. By Councilman Milligan., seconded by Councilman Ventura, and unanimously adopted, it was #702-71 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia the Council does hereby determine that a public hearing will take place on Monday, September 13, 1971 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. 71-4-1-20 submitted by Harold E. Edwards for a change of zoning of property located on the west side of Newburgh Road between Five Mile Road and Six Mile Road in the East 1/2 of Section 18 from R-3 to R-7, the City Planning Commission having in its resolution No. 5-130-71 recommended to the City Council that Petition No. 71-4-1-20 be approved; 2. Petition No. 71-4-1-22 submitted by the Taubman Company, Inc. , for a change of zoning of property located on the northeast corner of Plymouth Road and Sears Avenue in the Southwest 1/4 of Section 26, from M-1 to C-2, the City Planning Commission having in its resolution No. 5-133-71 recommended to the City Council that Petition No.. 71-4-1-22 be approved, 3. Petition No. 71-4-1-27 initiated by Council resolution No. 866-70 pursuant to Section 23.01 (a) of Ordinance No 543, for a change of zoning of property located south of Six Mile Road and west of Middlebelt Road in the Northeast 1/4 of Section 14, from C-2 and RUF to P.S., the City Planning Commission having in its resolution No. 5-139-71 recommended to City Council that Petition7l-4-1-27 be approved, further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing cause to have the locations of the proposed changes 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 railraod 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 L12316 By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #703-71 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, September 20, 1971 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. 71-4-1-26 initiated by Council resolution No. 783-70 pursuant to Section 23.01(a) of Ordinance No. 543 for a change of zoning of property located on the north side of Five Mile Road between Fairfield and Woodring Avenue in the Southwest 1/4 of Section 15, from C-2 and P.L. to P.S. , the City Planning Commission having in its resolution No. 5-140-71 recommended to the City Council that Petition No. 71-4-1-26 be approved; 2. Petition No. 71-3-1-16 submitted by the City Planning Commission for a change of zoning of property located on the south side of Schoolcraft Road, east of Eckles Road in the Southwest 1/4 of Section 19, from C-2 to C-4, the City Planning Commission having in its resolution No. 4-113-71 recommended to the City Council that Petition No. 71-3-1-16 be approved; 3. Petition No. 70-2-1-4 submitted by Norman K. Akarakcian for a change of zoning of property located on the south side of Eight Mile Road east of Middlebelt in the Northwest 1/4 of Section 1, from RUF to P.S. , the City Planning Commission having in its resolution No 6-171-71 recommended to the City Council that Petition No. 70-2-1-4 be approved; 4. Petition No. 71-4-1-23 submitted by Allen W. Weiss, D.D.S. and Philip W. Cohen, D.D.S. for a change of zoning of property located on the north side of Schoolcraft Road, west of Merriman Road in the Southeast 1/4 of Section 22, from RUF to P.S. , the City Planning Commission having in its resolution No. 6-169-71 recommended to the City Council that Petition No. 71-4-1-23 be approved, 5. Petition No. 71-4-1-24 submitted by H. Eugene Field for Tom's Northwood Market, Inc. , for a change of zoning of property located on the northwest corner of Clarita Avenue and Middlebelt Road in the northeast 1/4 of Section 11, from R-5 to C-2, the City Planning Commission having in its resolution No. 6-160-71 recommended to the City Council that Petition No. 71-4-1-24 be approved, L12317 6. Petition No. 71-4-1-19 submitted by V. R. Breidenback and D. J. Summers for a change of zoning of property located on the northeast corner of Fargo and Farmington Road in the northwest 1/4 of Section 3, from R-3-A to P.S. , the City Planning Commission having in its resolution No. 6-167-71 recommended to the City Council that Petition No. 71-4-1-19 be approved; 7. Petition No. 71-5-1-28 submitted by Nicholas Smith on behalf of Robert L. Allison for a change of zoning of property located on the west side of Fairfield Avenue, north of Five Mile Road in the Southwest 1/4 of Section 15, from R-1 to P. , the City Planning Commission having in its resolution No. 6-162-71 recommended to the City Council that Petition No. 71-5-1-28 be approved, 8. Petition No. 69-6-1-21 submitted by William Ponder, Attorney for Leonard J. Hyman, for a change of zoning of property located on the north side of Six Mile Road, east of Middlebelt in the Southwest 1/4 of Section 12, from RUF to C-2, the City Planning Commission having in its resolution No. 6-169-71 recommended to the City Council that Petition No. 69-6-1-21 be denied, further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing cause to have the location of the proposed change of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #704-71 RESOLVED, that having considered the report and recommendation dated July 1, 1971 from the City Planning Commission which sets forth its resolution No. 6-164-61 in regard to Petition No. 71-5-1-29 submitted by Robert J. Eliassen for a change of zoning on property located on the east side of Farmington Road between Eight Mile Road and Norfolk in the North- west 1/4 of Section 3, from R-3 and C-2 to P. , the Council does hereby deter mine to take no further action with respect to this matter since the petitioner herein has indicated his desire to withdraw his petition and, accordingly, the same is herewith denied for this reason. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #705-71 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended 12318 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 20, 1971 at 8.00 P.M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan with respect to the following item. Petition No. 71-5-1-30 submitted by James F. Peters, Warren V. Nielsen and Angelo DiPonio for a change of zoning of property located on the west side of Merriman Road, north of the C & 0 Railway in the Northeast 1/4 of Section 27, from M-1 to M-2, the City Planning Commission having in its resolution No. 6-163-71 recommended to the City Council that Petition No. 71-5-1-30 be approved, further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing cause to have 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 days (15) 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 railrcad 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 McCann, seconded by Councilman Brown, and unanimously adopted, it was #706-71 RESOLVED, that having considered a communication from the City Planning Commission dated June 4, 1971 which transmits its resolution No. 4-117-71 in connection with Petition No. 7-3-7-1 wherein the Commission did amend Part V of the Master Plan of the City of Livonia, entitled "The Master School and Park Plan" so as to delete certain property located on the west side of Louise between Merriman and Middlebelt Roads in the Southeast 1/4 of Section 11, (Bureau of Taxation Parcel 11MM1a1), the Council does hereby acknowledge the receipt of same. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, .A was #707-71 RESOLVED, that having considered a communication from the City Planning Commission dated June 4, 1971 which transmits its resolution No. 4-118-71 in connection with Petition No. 71-3-7-2 wherein the Commissioi:' did amend Part V of the Master Plan of the City of Livonia, entitled "The Master School and Park Plan" so as to delete certain property located on the west side of Louise between Merriman and Middlebelt Roads in the South- east 1/4 of Section 11, (Bureau of Taxation Parcel 11MM2bl), the Council does hereby acknowledge the receipt of same. 12319 By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #708-71 RESOLVED, that having considered a communication from the City Planning Commission dated June 4, 1971 which transmits its resolution No. 4-119-71 in connection with Petition No. 71-3-7-3 wherein the Commission did amend Part V of the Master Plan of the City of Livonia, entitled "The Master School and Park Plan" so as to delete certain property located on the west side of Newburgh Road, south of Six Mile Road, in the West 1/2 of Section 18, (Part of Bureau of Taxation Parcels 18F and 18J), the Council does hereby acknowledge the receipt of same. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #709-71 RESOLVED, that having considered a communication from the City Planning Commission dated June 4, 1971 which transmits its resolution No. 4-120-71 in connection with Petition No. 71-3-7-4 wherein the Commission did amend Part V of the Master Plan of the City of Livonia, entitled "The Master School and Park Plan" so as to incorporate certain property located on the west side of Newburgh Road and south of Eight Mile Road in the Northeast 1/4 of Section 6, (Part of Bureau of Taxation Parcels 06A1a and 06B1), the Council does hereby acknowledge the receipt of same. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #710-71 RESOLVED, that having considered the communication from the City Planning Commission dated June 7, 1971 which transmits its resolution No. 4-121-71 in connection with Petition No. 71-3-7-7 wherein the Commission did amend Part V of the Master Plan of the City of Livonia, entitled "The Master School and Park Plan" so as to incorporate certain property located on the north side of Lyndon Avenue between Farmington Road and Stark Road in the Northeast 1/4 of Section 21, (the west 280 feet of Bureau of Taxation Parcels No. 21Gla, 21G2a, 21G3a, 21G4a and 21G5a), the Council does hereby acknowledge the receipt of same. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #711-71 RESOLVED, that having considered a communication from the City Planning Commission dated June 29, 1971 which transmits its resolution No. 4-123-71 in connection with Petition No. 71-3-7-6 wherein the Commission did amend Part V of the Master Plan of the City of Livonia, entitled "The Master School and Park Plan" so as to delete certain property located on the north side of Curtis Avenue between Laurel and Stamford in the North 1/2 of Section 9 (the east 260 feet of Lots No. 20, 21, 22, 23 and 24 of Winfield Estates Subdivision), the Council does hereby acknowledge the receipt of same. 12320 The communication dated June 21, 1971 from the Planning Commission relative to the tabling by the Planning Commission of Petition 71-3-7-5, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #712-71 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Ventura, seconded by Councilman Milligan, it was #713-71 RESOLVED, that having considered a communication from the Division of Engineering dated May 17, 1971, approved by the Director of Public Works and approved for submission by the Mayor, with regard to a proposed agreement between the Michigan State Highway Commission, the Board of County Road Commissioners of the County of Wayne and the City of Livonia in connection with the improvement of Middlebelt Road both north and south of Plymouth Road, pursuant to the TOPICS Program, the Council does hereby authorize the Mayor and City Clerk to execute in behalf of the City of Livonia the proposed agreement referred to as TOPICS Project T4057 (13) Job No. 02968, and the amount of $80,500.00 is hereby authorized to be expended from the Motor Vehicle Highway Fund receipts with respect to the City's currently estimated portion of the cost involved in this project; further, Council Resolution No. 592-71 is hereby amended and revised in accordance with the action taken herein; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. rolL call was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #714-71 RESOLVED, that having considered a communication from Judge James R. McCann of the 16th Judicial District Court dated July 26, 1971, with regard to a $15,000.00 grant approved by the State of Michigan under the Omnibus Crime Bill for the training of volunteer probation officers to work with drug offenders, which application was previously submitted pursuant to Council resolution No. 1107-70, the Council does hereby determine as follows: 1. To accept this grant in behalf of the City of Livonia; 2. To authorize the District Court with the cooperation of the City Clerk and Budget Director to do all things necessary for the purpose of taking bids in accordance with provisions of law for the purchase of closed circuit television equipment estimated to cost in the 12321 amount of $6,000.00 and which equipment is necessary to comply with the aforesaid grant proposal; and the Council does further authorize the Mayor and City Clerk to execute contracts in behalf of the City of Livonia with the following designated persons for the performance of professional services in accordance with the aforesaid grant: Daniel A. Stone Colleen Johnston Dr. E. Domino Dr. A. Vosgerchian Dr. Chas. Ruckhaber; and the Department of Law is hereby requested to do all things necessary in connection with the aforesaid contracts as well as with this entire program in assisting the District Court. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None, By Councilman Raymond, seconded by Councilman Ventura, it was #715-71 RESOLVED, that having considered a communication from the Fred Sanders Company dated July 27, 1971, with regard to waiver use approval granted in Council resolution No. 683-70 with respect to Petition No. 70-4-2-8, the Council does hereby determine to grant a six-month extension period with respect to such waiver use approval previously granted in Council resolution No. 683-70, the effect of this action to expire on January 20, 1972; and all City Departments are hereby requested to do all things necessary to fulfill and comply with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Ventura, Raymond and Nash. NAYS: Bennett and Brown. mhe President declared the resolution adopted. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #716-71 RESOLVED, that having considered a communication dated July 23, 1971 from the City Planning Commission which transmits its resolution No. 6-200-71 with regard to Petition No. 71-6-3-5 initiated by Council Resolution No. 1041-70 pursuant toChapter 2 ,of Title 5 of the Livonia Code of Ordinances, requesting to vacate a portion of Gable Street located between Purlingbrook and Flamingo, and a portion of St. Martins Street located between Flamingo and Milburn in the South 1/2 of Section 2, City of Livonia, Wayne County, Michigan, the Council does hereby grant the said 12322 Petition and Petition No. 71-6-3-5 is hereby approved, subject, however, to the retention of the following easements, the same to be created in conformance with this action: 1. with respect to the vacating of St. Martins Avenue, the north twelve (12) feet of the existing street be maintained as a private easement for public utilities; 2. crossing St. Martins Avenue in a northerly and southerly direction between Flamingo and Milburn, a six (6) foot private easement on each side of existing pole lead for the joint use of Michigan Bell Telephone Company and the Detroit Edison Company; and, 3. that a six (6) foot easement be maintained on each side of existing pole lead running northerly and southerly across Gable for the joint use of Michigan Bell Telephone Company and the Detroit Edison Company; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. ik. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #717-71 RESOLVED, that having considered a communication from the Zip Code Directory Information and Distribution Service dated July 23, 1971, the Council does hereby request that the office of the City Clerk do all things necessary with respect to the waiving of any and all license fees required by City Ordinance for thos' persons who participate in connection with this program who are Livonia residents. By Councilman Bennett, seconded by Councilman McCann, and unanimously adop;,od, this 715th regular meeting of the Council of the City of Livonia was duly adjourned at 9:50 P.M., July 28, 1971. ADDISON Gd. BAC.' ! K