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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-11-28 14092 L MINUTES OF THE SEVEN HUNDRED SEVENTY-THIRD REGULAR MEETING OF THE COUNCIL OF TH.E CITY OF LIVONIA On November 28, 1973, 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 8:15 P. M.. Councilman McCann 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; Harry C. Tatigian, City Attorney, Rudolf R. Kleinert, Director of Public Safety-Fire; Robert Turner, Police Chief; G. E. Siemert, Director of Public Works; Gary Clark, Acting City Engineer; H. Patrick O'Neill, Director of Civil Defense; John T. Dufour, LSuperintendent of Parks and Recreation; Robert E. Osborn, Executive Assistant to the Mayor; Ronald Mardiros, City Assessor; James Miller, Personnel Director; John Nagy, City Planner; Stanley Bien, Chief Librarian; Jack Dodge, Budget Director; Francis Hand, Planning Commission; Joseph Vorbeck, Traffic Commission; Michael Reiser, Water and Sewer Board; Robert Bishop and William LaPine of the Zoning Board of Appeals. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #937-73 RESOLVED, that the minutes of the 772nd regular meeting of the Council of the City of Livonia, held on I'Iovember 14, 1973, are hereby approved. The following resolution was unanimously introduced, supported and adopted: #938-73 WHEREAS, the staff of the Michigan Municipal League met with Dr. John Dempsey, Director, Department of Management and Budget for the State of Michigan, on October 30, 1973, to present League recommendations for the Governor's 1974-75 Budget and Legislative Program; and LWHEREAS, it is generally recognized that cities and villages throughout this State, in order to provide basic services to the residents of their communities, require revenues in addition to those which they are able to generate within their respective cities and villages; and 14093 LWHEREAS, the Michigan Municipal League has recommended that the following remedial measures be implemented by Legislative action of the State: (1) A twenty five m_.11ion dollar increase in State revenue shar- ing for cities and villages in order to absorb the increased costs of local government operations which costs have escalated because of inflation, police department and fire department compulsory arbitration awards, higher pension and fringe benefit costs, the demands of New Federalism, cut backs in Federal categorical grants and new requirements imposed on cities and villages by the State and Federal governments; (2) Additional local taxing powers; (3) Reimbursement of the cost of services furnished by municipali- ties to State-owned facilities; (4) Strengthening the local property tax base by eliminating the property tax exemptions for special tools and for air and water pollution control equipment by substituting therefor a credit against the State income tax; and WHEREAS, the financial posture and economic vitality of the City of Livonia will be greatly enhanced if the foregoing recommendation of the lir Michigan Municipal League are adopted and made a part of the Governor's 1974-75 Budget and Legislative Program, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of Livonia do hereby take this means to importune and urge the Governor and the Legislature to adopt the Legislative Program hereinbefore set forth in this joint resolution. The Financial Reports for the period ending October 31, 1973, for the General, Refuse, Golf Course, Concession, Ice Rink, Swimming Pool, Water and Sewer, and Federal Revenue Sharing Funds, transmitted by the City Clerk under date of November 28, 1973, were received and filed for the information of the Council. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 4 (GENERAL LICENSING PROCEDURE) OF THE LIVONIA CODE OF ORDINANCES, AS A a 'ED, BY ADDING SECTION 4- THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Milligan and Nash. NAYS: *Raymond. 14094 The President declared the foregoing Ordinance duly adopted, and would become effective on publication. *Councilman Raymond made the following statement: My 'no' vote is cast because of the indefiniteness of the Ordinance, as presented. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 2 (FINANCIAL ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Milligan and Nash. NAYS: Raymond. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. ii• Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 5-506 OF CHAPTER 5 (SEWERS) OF ARTICLE I OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan 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 4.02 OF ARTICLE IV, SECTION 5.02 OF ARTICLE V AND SECTION 7.02 OF ARTICLE VII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA lar ZONING ORDINANCE. (Petition 73-3-6-6) _,____ 14095 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman McCann, seconded by Councilman Milligan, it was #939-73 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director dated November 2, 1973, and approved for submission by the Mayor, the Council does hereby accept the bid of the Earle Equipment Company, 8100 Middlebelt Road, Romulus, Michigan 48174, for supplying the Operations Division of the City with one (1) Track Type Loader, 7G Series "B", for the price of $36,990.00 less trade in (TL-14 s/N 648) of $7,000.00, for a net total price of $29,990.00, the same having been in fact the lowest bid meeting specifications for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #940-73 RESOLVED, that having considered the communication from the Water and Sewer Board dated November 2, 1973, which bears the signature of the Budget Director, is approved for submission by the Mayor and transmits its resolution No. WS 1866 10/73, the Council does hereby accept the bid of the Universal Equipment Company, 530 E. Maple Road, Troy, Michigan, for supply- ing the Water Department Field Operations with one (1) Underbody Air Compressor to be mounted on existing truck, Daven 16OPRAB, for the price of $5,766.00, the same having been in fact the lowest and only bid received for this item. ni roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, it was #941-73 RESOLVED, that having considered a communication from the Chief Librarian dated November 1, 1973, which bears the signature of the Budget Director, and is approved for submission by the Mayor, the Council does Low hereby accept the bid of the Library Bureau of Sperry Remington, Sperry Rand Corporation, 859 S. Main Street, Plymouth, Michigan, for supplying 14096 metal book shelving for the price of $8,350.10 together with the alternate bid for Canopy Top in the amount of $717.75, for a total price in the amount of $9,067.85, the same having been in fact the lowest bid meeting specifications for this iter,; further, the Council does hereby appropriate the sum of $9,067.85 to be expended from the interest earnings on Federal Shared Revenue Funds for this purpose. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was X942-73 RESOLVED, that having considered a communication from Mr. Victor J. Lanell, 17441 Merriman Road, Livonia, Michigan, dated October 15, 1973, with regard to Special Assessment Roll No. 134 for the improvement of Bobrich Avenue, the Council does hereby request that the Executive Assist- ant to the Mayor, Mr. Robert E. Osborn, submit his report and recommenda- tion concerning this matter. By Councilman Milligan, seconded by Councilman Ventura, and unanimously L adopted, it was #943-73 RESOLVED, that the Council having adopted resolution No. 783-73 at its regular meeting held September 26, 1973 requiring the Division of Engineering to isecertain the assessed valuation of all property affected by the proposed/paveWent in Westmore Subdivision, S. W. 1/4 of Section 3, 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 having prepared and caused to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the land 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 Division of Engineering with the City Clerk under date of October 29, 1973, 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, January 14, 1974 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to ibm give notice and publication of such hearing as is required by Section 2-507 of said Code. 1+097 LBy Councilman Bennett, seconded by Councilman Raymond, and. unanimously adopted, it was #944-73 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated October 26, 1973, which bears the signature of the Budget Director and is approved for sub- mission by the Mayor and which transmits a proposed amendment to the Livonia Code of Ordinances entitled "Special Security Assignments of Police Officers Ordinance," the Council does hereby refer this matter to the Committee of the Whole for its consideration at a meeting to be conducted on December 17, 1973. Councilman Ventura gave first reading to the following Ordinance : AN ORDTNAANCE AMENDING SECTION 6-223 OF CHAPTER 2 (TAXICABS) OF TITLE 6 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 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. Councilman Ventura invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following L result. AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman McCann, seconded by Councilman Brown, it was 4945-73 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated October 26, 1973, which bears the signature of the Budget Director and is approved for sub- mission by the Mayor, with regard to the purchase of a replacement automo- bile for the Youth Bureau, the Council does hereby authorize the transfer of the sum of $2,900.00 from the Patrol Bureau Services Account 325-7C6 to the Youth Bureau Capital Outlay Account 316-970 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: LAYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. 14098 By Councilman Bennett, seconded by Councilman Brown, it was #946-73 RESOLVED, that having considered a communication from the City Planning Commission dated November 5, 1973, which transmits its resolution No. 10-267-73, adopted by the Commission on October 30, 1973 with regard to Petition No. 73-10-8-42 submitted by Schostak Brothers Company request- ing approval of Sign Design Plans for the erection of proposed signs on existing buildings located within the shopping center located on the north- west corner of Farmington Road and Seven Mile Road in the Southeast 1/4 of Section 4, the Council does hereby, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, concur in the recommenda- tion of the Planning Commission and Petition No. 73-10.8-42 is hereby approved, such approval to be based upon the same condition as that which is set forth in the aforesaid recommendation of the Planning Commission, A roll. call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Milligan. NAYS: Nash. The. President declared the resolution adopted. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #947-73 RESOLVED, that having considered a communication dated October 2, 1973 from the City Planning Commission which transmits its resolution No. 10-240-73 with regard to Petition No. 73-7-3-6 submitted by Sidney Spitz for vacating a portion of a dedicated right-of-way (Plymouth Road) located at the northwest corner of Plymouth Road and Stark Road in the Southwest 1/4 of Section 28, City of Livonia, Wayne County, Michigan, the Council does hereby grant the said Petition and Petition No. 73-7-3-6 is hereby approved; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution, By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #948-73 RESOLVED, that having considered a communication dated October 2, 1973 from the City Planning Commission which transmits its resolution No. 10-239-73 with regard to Petition No. 73-8-3-7 submitted by Maurice B. and Susan L. Calfin for vacating a portion of a six foot easement located on the south side of Gable between Auburndale and Donna in the Southeast 1;4 of Section 3, City of Livonia, Wayne County, Michigan, the Council does hereby grant the said Petition and Petition No. 73-8-3-7 is hereby approved; and the Department of Law is hereby requested to prepare the necessary ordinance in accordance with this resolution. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adcpted, it was 14099 #949-73 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 Ordi- nance 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, January 14, 1974 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. 73-7-1-30 submitted by the City Planning Commission on its own motion for a change of zoning of property located on the west side of Farmington Road, south of Eight Mile Road in the Northeast 1/4 of Section 4, from C-2 and RUF to C-1, the City Planning Commission having in its resolution No. 10-252-73 recommended to the City Council that Petition No. 73-7-1-30 be approved; 2. Petition No. 73-7-1-29 submitted by Joseph and Mary Ann Maiorana for a change of zoning of property located on the north side of. Seven Mile Road, east of Shadyside in the Southwest i/4 of Section 3 from R-3 to C-1, the City Planning Commission having in its resolution No. 10-250-73 recommended to the City Council that Petition No. 73-7-1-29 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 to cause to have a statement indicating the location 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 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 Brown, seconded by Councilman Bennett, and unanimously adopted, it was #950-73 RESOLVED, that having considered a communication from the City Planning Commission dated October 29, 1973 which transmits its resolution No. 10-246-73, adopted on October 2, 1973, with regard to a request from Harold J. Kelso for an extension of waiver use approval on Petition No. 72-6-2-14 for a restaurant on property located on the south side of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, the Council does hereby concur in the recommendation of the Planning Commission and approves a one-year extension, such approval to be based upon the same conditions as those set forth in the aforesaid action of the Planning Commission. 14100 By Councilman McCann, seconded by Councilman Ventura, it was #951-73 RESOLVED, that having cons:tdered a communication from the Division of Engineering dated October 15, 1973, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated October 9, 1973, the Council does hereby author- ize Final Payment in the amount of 58,264.00 to Nagle Paving Company, 18411 W. 12 Mile Road, Lathrup Village, Michigan 48076, which sum includes the full and complete balance due on a contract dated August 8, 1972 in the amount of $14,616.67, which amount was reduced to the sum of $10,791.47 as a result of certain items of work being either unnecessary or performed by the Parks and Forestry Department, in connection with tennis court construc- tion at Parksite CC in Section 36, and it appearing from the aforementioned report that all work under the said contract has been completed in accord- ance with City standards and specifications, and that the necessary contractor's affidavit, maintenance 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: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. Ism By Councilman McCann, seconded by Councilman Milligan, it was #952-73 RESOLVED, that having considered the report and recommendation dated October 8, 1973 from the Division of Engineering, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the Proprietor of Bai Lynn Park Subdivision No. 8 of the Financial Assurances previously deposited with respect to the General Improvement Bond and Sidewalk Bond deposited with the City in accordance with Council Resolution No. 252-69, adopted on March 5, 1969, as thereafter subsequently amended including the action taken on September 3, 1969 in Council resolution No. 947-69, which previously reduced such financial assurances to $500.CO, respectively, to guaranty the satisfactory installation of improvc:nents in Bai Lynn Park Subdivision No. 8; it appearing from the aforementioned report of the Division of Engineer- ing that all required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia; and further, a Cash Escrow in the sum of $370.00 be retained to insure the installation of Survey Monuments and Lot Markers until certifi- cation has been received from the Developer's Engineer that these items have been properly placed; 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: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. 14101 By Councilman McCann, seconded by Councilman Milligan., it was #953-73 RESOLVED, that having considered the report and recommendation dated October 8, 1973 from the Division of Engineering, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the Proprietor of Bai Lynn Park Subdivision No. 9 of the Financial Assurances previously deposited with respect to the General Improvement Bond and Sidewalk Bond deposited with the City in accordance with Council resolution No. 408-69 adopted on April 16, 1969, as thereafter subsequently amended including the action taken on September 3, 1969 in Council resolution No. 948-69 which previously reduced such Financial Assurances to $500.00, respectively, to guaranty the satisfactory installation of improvements in Bai Lynn Park Subdivision No. 9; it appearing from the aforementioned report of the Division of Engineer- ing that all required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia, and further, a Cash Escrow in the sum of $330.00 be retained to insure the installation of Survey Monuments and Lot Markers until certifi- cation has been received from the Developer's Engineer that these items have been properly placed; 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: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #954-73 RESOLVED, that having considered a communication from the Personnel Director dated November 1, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on October 16, 1973, wherein the Commission did recommend the following pay adjustments for Senior Concession Attendant: PROPOSED 1st Season $2.30 2nd Season $2.40 3rd Season $2.50; the Council does hereby concur in the aforesaid recommendation and approveb the said salary pay adjustments. A roll call vote was taken on the foregoing resolution with the following result- AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. 14102 By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #955-73 RESOLVED, that the Council does hereby request the Parks and Recreation Commission to consider taking bids for the leasing of the City's food and concession stands at Devoa-Aire Ice Rink, Ford Ice Rink, Ford Field and Whispering Willows Golf Course and thereafter submit its report and recommendation. By Councilman Milligan, seconded by Councilman Ventura, it was #956-73 RESOLVED, that having considered a communication dated October 24, 1973 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. Stuart R. Frankel, Frankel Associates, 2900 West Maple Road, Troy, Michigan 48084, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed Division or Partition of Tax Item 17F2blal,G1 would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing of same into three (3) parcels, the legal descriptions of which shall read as follows: Parcel "A" A parcel of land being a part of the N. W. 1/4 of the N. W. 1/4 of Section 17, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Beginning at the Northwest corner of Section 17, T. 1 S., R. 9 E.; thence S. 89° 35' 20" E. along the north line of Section 17 (centerline of Six Mile Road, 120 ft. wd. ), 787.05 ft. to a point; thence S. 0° 06' 15" W. 260.00 ft. to a point, thence S. 89° 35' 20" E. 200.00 ft. to a point; thence N. 0° C6' 15" E. 260.00 ft. to a point on the north line of Section 17; thence S. 89° 35' 20" E. along north line of Section 17, 40.0 ft. to a point; thence S. 0° 06' 15" W. 665.21 ft. to a point; thence N. 89° 22' 20" W. 1025.09 ft. to a point on the west line of said Section 17 (centerline of Newburgh Rd.); thence N. 0° 04' 00" W. 661.37 ft. to the point of beginning. EXCEPTING THEREFROM - the north 60.00 ft. thereof, said north 60.00 ft. being the south 1/2 of Six Mile Road (120 ft. wd.); ALSO EXCEPTING THEREFROM - the west 60.00 ft. thereof, said west 60.00 ft. being the east 1/2 of Newburgh Road (120 ft.wd.). Said parcel contains a net area of 12.47 acres of land. ibr Parcel "B" A parcel of land being a Tart of the N. W. 1/4 of the N. W. 1/4 of Section 17, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: 14103 Beginning at a point on the North line of Section 17, T. 1 S., R. 9 E., (centerline of Six Mile Road, 120 ft. wd.), said point being S. 89° 35' 20" E. 1027.05 ft. from the Northwest corner of said Section 17; thence S. 89° 35' 20" E. along the North line of said Section 17, 300.0 ft. to a point; thence S. 0° 06' 15" W. 666.34 ft. to a point; thence N. 89° 22' 20" W. 300.0 ft. to a point; thence N. 0° C6' 15" E. 665.21 ft. to the point of beginning. Excepting therefrom the North 60.00 ft. thereof, said North 60.00 ft. being the South 1/2 of Six Mile Road (120 ft. wd.). Said parcel contains a net area of 4.172 acres of land. Parcel "C" A parcel of land being part of the N. W. 1/4 of N. W. 1/4 of Section 17, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as: Beginning at a point on the North line of Section 17, T. 1 S., R. 9 E., (centerline of Six Mile Rd.; 120 ft. wd.), said point being S. 89° 35' 20" E. 787.05 ft. from the NW corner of said Section 17; thence S. 89° 35' 20" E. along the N. line of said Section 17, 200.0 ft. to a point, thence S. 0° 06' 15" W.260.0 ft. to a point; thence N. 89° 35' 20" W. 200.0 ft. to a point, thence N. 0° 06' 15" E. 260.0 ft. to the point of beginning. Excepting therefrom the North 60.0 ft. thereof, said North 60.0 ft. being the South 1/2 of Six Mile Rd. (120 ft. wd.). Also subject to a storm sewer easement (30 ft. wd. ) (L. 18177, P. 321 thru 324, W.C.R. ) over the south 30.0 ft. thereof. Containing a net area of 0.918 acres of land. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby requested tc cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Ventura, Raymond, Milligan and Nash. NAYS: Brown. The President declared the resolution adopted. The communication from the Mayor, dated October 30, 1973, with respect to the Emergency Employment Act and its impact on the City of Livonia, was received and. filed for the information of the Council. The communication from the Mayor, dated November 13, 1973, in response to CR-835-73 (Pornographic Literature), was received and filed for the information of the Council. 14104 The communication from the Department of Law, dated November 7, 1973, with lim. respect to Court of Appeals Case Nos. 18075, 18114, 18289 (Racing Commissioner) was received and filed for the information of the Council. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #957-73 RESOLVED, that having considered a communication from the President of the Steering Committee of the Senior Citizens Club of Livonia dated October 20, 1973, wherein a request is made for the City to provide a full time Director for the Senior Citizens Activities Center, the Council does hereby request that the Mayor and the Parks and Recreation Commission submit their respective reports and recommendations. By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, it was #958-73 RESOLVED, that the Council does hereby determine to establish an Ad Hoc Committee for the purpose of investigating the overall needs of senior citizens in Livonia and, thereafter, submitting its report and recom- mendation to Council, which Committee shall be composed of the following L persons: (a) Two (2) members of the City Council as selected by the President; (b) One (1) member of the Parks and Recreation Commission as selected by the Commission; (c) The Superintendent of Parks and Recreation; (d) The Mayor or his designated representative; (e) Two (2) members of •the Senior Citizens Steering Committee as selected by the Committee; and (f) And such other persons as may be designated by the Council President. By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, it was #959-73 RESOLVED, that having considered a communication from the Mayor dated October 29, 1973, with regard to the need to establish "Lines of Succession" in order for Livonia's Basic Emergency Plan to comply with State low Civil Defense Requirements, the Council does hereby determine to refer this matter to the Legislative Committee for its report and recommendation. 14105 By Councilman Raymond, seconded by Councilman Milligan, it was taw #960-73 RESOLVED, that having considered a communication from Mrs. Joyce Stapleton, 30451 Puritan, Livonia, Michigan 48154, received by the office of the City Clerk on November 2, 1973 wherein a request is made for the payment of the sum of $160.00 to Mrs. Stapleton for the care of a pony, the Council does hereby determine to appropriate the sum of $160.00, to be expended from the Unexpended Fund Balance Account, for the purpose of making full and complete payment to Mrs. Stapleton in connection with this matter; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #961-73 RESOLVED, that having considered a communication from Mr. David A. Perry, Attorney, dated October 23, 1973, wherein a request is made for a change in name of a new full year Class "C" License to be located at 36471 Plymouth Road, Livonia, the Council does hereby determine to approve the name change from Dominic Picano to Picano Restaurant, Inc., a Michigan low Corporation; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result- AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #962-73 RESOLVED, that having considered a communication dated October 24 1973 from the Michigan Liquor Control Commission with regard to an applica- tion from Quincy Y. and Henry Y. Ding, 33230 Meadowlark, Farmington, Michi- gan, for a new full year Class "C" License to be located at 33459 West Eight Mile Road, Livonia, Michigan, the Council does hereby determine to refer the same to its Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Raymond, Milligan and Nash. NAYS: *Ventura. L. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'no' vote is cast because I feel that we should dispose of this matter whether by affirmative or denial action. 14106 By Councilman Raymond, seconded by Councilman Ventura, it was L #963-73 RESOLVED, that having considered a communication from the Super- intendent of Parks and. Recreation dated October 25, 1973, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Wayne Fence & Supply Co., 27607 Schooleraft, Livonia, Michigan, in the amount of $4,595.00 for the construc- tion of 1873 feet of 6 foot commercial fencing at the Rotary Community Park since the same was the lowest bid received for this item and meets all specifications; further, the Council does hereby appropriate the sum of $4,595.00 to be expended from the 4.4 Million Dollar Parks and Recreation General Obligation Bond Issue for this purpose, 5O of which is to be reimbursed to the said Bond Issue upon receipt of the sum of $2,297.50 from the Livonia Rotary Club by way of its participation in this project; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. • By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was L #964-73 RESOLVED, that the Council does hereby request a report from the Parks and Recreation Commission on the feasibility of providing minimal water and sanitary sewer facilities at the Rotary Community Park. By Councilman Brown, seconded by Councilman McCann, it was #965-73 RESOLVED, that having considered a communication from the Person- nel Director dated September 21, 1973 which bears the signature of the Budget Director and is approved for submission by the Mayor and which trans- mits a resolution adopted by the Civil Service Commission on September 18, 1973, the Council does hereby determine to authorize and approve the follow- ing transfer of funds in order to cover anticipated depletion of two accounts as well as to provide for replacemeat of an IBM typewriter: From: To: Interview Board (236-825) $ 150.00 Printing (220-904) $ 400.00 Medical Examiner(236-828) 800.00 Capital Outlay (220-970) 568.00 Professional Services Publishing (236-905) 100.00 (220-819) 118.00 Total $ 1,068.00 Total $ 1,068.00. 1m. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. 14107 The following preamble and resolution were offered by Councilman Milligan Land supported by Councilman Ventura: #966-73 WHEREAS, the City Council of the City of Livonia, at a Meeting held on October 20, 1965, did adopt certain Articles of Incorporation for the Municipal Building Authority of Livonia, and the City Council of the City of Livonia, at a Meeting held on May 25, 1970, did adopt an Amendment to said Articles of Incorporation for the Municipal Building Authority of Livonia, said Articles of Incorporation and Amendment thereto being adopted pursuant to and in accordance with Act 31 of the Public Acts of Michigan (Extra Session) 1948, as amended, and the same have been published and filed with the County Clerk and the Secretary of the State of Michigan as provided in said Act 31 of the Public Acts of Michigan (Extra Session) 1948, as amended, and WHEREAS, Act 31 of the Public Acts of Michigan (Extra Session) 1948, as amended, has been amended with respect to the powers of the Authority and the City of Livonia and it is, accordingly, necessary to amend the Articles of Incorporation of the Municipal Building Authority of Livonia in order to bring said Article of Incorporation into compliance with Act 31 of the Public Acts of Michigan (Extra Session) 1948, as amended; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The attached Amendment to Articles of Incorporation of the IbrMunicipal Building Authority of Livonia are hereby approved and adopted and the Mayor and City Clerk are hereby authorized and directed to execute said Amendment to Articles of Incorporation for and on behalf of the City and to deliver the same. 2. The City Clerk is hereby directed to cause a copy of the Amend- ment to Articles of Incorporation to be published once in the Livonia Observer, being the newspaper designated in the Amendment to Articles of Incorporation for publication of the Amendment and being a newspaper circulat- ing within the City of Livonia, said publication to be accompanied by a statement that the right exists to question the Amendment to the Articles of Incorporation, as provided in Section 6 of Act 31 of the Public Acts of Michigan (Extra Session) 1948, as amended, said notice to be in substantially the form attached to this resolution. 3. The City Clerk is further authorized and directed to file printed copies with the County Clerk and the County Clerk shall, in accordance with Section 6 of Act 31 of the Public Acts of Michigan (Extra Session) 1948, as amended, file one printed copy of the Amendment to Articles of Incorpora- tion in his office and one printed copy of the Amendment to Articles of Incorporation with the Secretary of State and one printed copy of the Amend- ment to Articles of Incorporation with the Secretary of the Commission of the Building Authority, each of said printed copies to have attached thereto a Certificate of the County Clerk setting forth that the Amendment to Articles Imw of Incorporation is a true and complete copy of the Amendment to Articles of Incorporation on file in his office and which Certificate shall also set forth the date and place of publication thereof. 4. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. 14108 A roll call vote was taken on the foregoing resolution with the following result: lir AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #967-73 RESOLVED, that having considered a communication from Mr. George E.. Kattouah dated November 13, 1973, submitted in behalf of the proposed Simon Ash Industrial Subdivision and before determining to install street lighting on Industrial Avenue where the same abuts the aforesaid Simon Ash Industrial Subdivision in the City of Livonia, the cost of which is to be defrayed by special assessment, the Division of Engineering is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of 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 install- ments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the pro- Lvisions of Section 2-514 of the Livonia Code of Ordinances, as amended. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #968-73 RESOLVED, that pursuant to the provisions of Section 38, Act 65 of the Public Acts of Michigan of 1963, as amended, the Council does hereby appoint Mark Alan McQuesten, 14476 Summerside Court, Livonia, Michigan, as the Democratic member to the Board of Canvassers of the City of Livonia for a term expiring December 31, 1977. By Councilman Milligan, seconded by Councilman Brown, and unanimously adopted, it was #969-73 RESOLVED, that pursuant to the provisions of Section 38, Act 65 of the Public Acts of Michigan of 1963, as amended, the Council does hereby appoint Harold E. Schoen, 36701 Rich3and, Livonia, Michigan, as the Republican member to the Board of Canvassers of the City of Livonia for a term expiring December 31, 1977. The communication from the Michigan Liquor Control Commission, dated LNovember 15, 1973, with respect to an extension of time in which to file an objection with respect to requests for issuance or transfer of SDD and SDM Licenses, was received and filed for the information of the Council. 14109 By Councilman Bennett, seconded by Councilman Brown, and unanimously Ladopted, it was #970-73 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated July 27, 1973, and the report and recommendation of the Chief of Police dated November 15, 1973 in connection therewith, relative to the request from H & T Limited, 33775 Plymouth Road, Livonia, Michigan, for a Special Permit for sale of alcoholic beverages and service and consumption of sane in the following areas of the licensed premises, which are in addition to the Bar Room, Cocktail Lounge, Restaurant or Dining Room, and known as the Concourse Area, as well as a request for a new S.D.M. License, the Council does hereby determine to refer this matter to the Study Session to be conducted on December 10, 1973. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #971-73 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated July 27, 1973, and the report and recommenda- tion of the Chief of Police dated November 15, 1973, in connection therewith, with respect to the request from H & T Limited for transfer of ownership of 1973 Class "C" Licensed Business with Dance Permit and "A" Permit, two bars located at 33775 Plymouth Road, Livonia, Michigan, as well as a request for a new S.D.M License, the Council does hereby determine to refer this matter to the Study Session to be conducted on December 10, 1973. By Councilman Milligan, seconded by Councilman McCann, it was #972-73 RESOLVED, that having considered a communication dated August 20, 1973 from the City Planning Commission which sets forth its resolution No. 8-201-73 with regard to Petition No. 73-7-1-26 submitted by Mario Fallone for a change of zoning on property located on the southwest corner -of Seven Mile Road and Brentwood in the Northwest 1/4 of Section 12, from R-1 and RUF to C-1, and the Council having conducted a public hearing with regard to this matter on October 8, 1973, pursuant to Council resolution No. 764-73, the Council does hereby determine to refer this matter back to the to the City Planning Commission for further consideration and thereafter a new report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Raymond, Milligan and Nash. NAYS: Bennett and Brown. The President declared the resolution adopted. *Councilman Raymond was excused at 9:40 p. m. LBy Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was 14110 #973-73 RESOLVED, that having considered Petition No. 73-11-3-9 submitted by Ira J. Harris, 19851 Flamingo, Livonia, Michigan 48152, under date of October 26, 1973, wherein a request is made for the vacating of a certain street in Section 2 (Pembroke Avenue), City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinance. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #974-73 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. *Councilman Raymond returned at 9:41 p. m. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #975-73 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 20, 1973, and submitted pursuant to Council Resolution 529-72, with regard to a proposed amendment to the Civil Defense Ordinance submitted by the Mayor by a communication dated May 17, 1972, the Council does hereby determine to refer the same to the Committee of the Whole for further consideration. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #976-73 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 20, 1973 and submitted pursuant to Council Resolution 955-72, with regard to a request submitted by Telecable Corporation, dated September 20, 1972, for approval of a franchise to construct and operate a Cable TV System in Livonia, the Council does hereby determine to refer this matter to the Mayor and to such Ad Hoc Committee as he may establish in order to give the overall subject appropriate considera- tion and thereafter a report and recommendation. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #977-73 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 20, 1973, and submitted pursuant to Council Resolution 505-73, with regard to the matter of the City pro- viding an overall emergency service for its residents, the Council does hereby determine to take no further action at this time. By Councilman Milligan, seconded by Councilman Bennett, it was 14111 By Councilman Milligan, seconded by Councilman Bennett, it was #978-73 WHEREAS, under the present prize structure of the Michigan Lottery, a million dollar drawing is held after the sale of every 30 million tickets, which produces one millionaire and millions of other disappointed patrons; and WHEREAS, the management of the Michigan Lottery has earned com- mendation for the general success of the system in terms of dream riches for a few persons and new funds for State purposes; and WHEREAS, the five million dollar prizes awarded since the start of the lottery last November have served a useful purpose in dramatizing and publicizing the lottery during its infancy but it now appears timely to consider changes that would bolster and maintain the lottery's widespread appeal and thus continue it as an effective source of additional revenue in lieu of taxes for State Operations; and WHEREAS, it is felt by the City Council that further appeal to the public would be generated by sharing the one million dollar prize between several winners, for instance, 20 people at $50,000 each, to give more people a shot at a substantial windfall through the lottery; NOW, THEREFORE, BE IT RESOLVED, that the Council recommends to Lottery Commissioner Gus Harrison that he consider the foregoing change in the State Lottery prize structure as a means of increasing every patron's changes of winning a sizeable amount of money and thus enhancing the lottery's general appeal; BE IT FURTHER RESOLVED, that the City Clerk is hereby requested to forward a certified copy of this resolution to Commissioner Harrison, Governor William Milliken, State Senator Carl Fursell, and State Representa- tives John Markes and Robert Geake. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #979-73 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 20, 1973, and submitted pursuant to Council Resolution 742-73, with regard to a communication from the Mayor dated August 20, 1973 concerning the operation of temporary retail produce stands on residentially zoned property, the Council does hereby determine, pursuant to Section 23.01(a) of the Zoning Ordinance, to request the City Planning Commission to conduct a Public Hearing and thereafter submit its 14112 report and recommendation in accordance with provisions of Law and City Ordinance with respect to a proposed amendment to the Zoning Ordinance which Imp only permits residents of RUF and Al zoned property to sell garden produce grown on such property. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was 0980-73 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 20, 1973, and submitted pursuant to Council Resolution 742-73, with regard to a communication from the Mayor dated August 20, 1973 concerning the operation of temporary retail produce stands on residentially zoned property, the Council does hereby request that the City Clerk and the Department of Law 'submit a report and recom- mendation on possible revision of present licensing provisions concerning the operation of produce stands. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was 0981-73 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 20, 1973, and submitted pursuant to Council Resolution 786-73, with regard to a communication from the City Imo Planning Commission dated May 1, 1973, which sets forth its resolution 4-87-73 concerning Petition 73-3-6-8 submitted by the City Planning Com- mission on its own motion to determine whether or not to amend Section 9.02, Permitted Uses, of the Zoning Ordinance by adding paragraph (e), General Offices, and Section 9.03, Waiver Uses, so as to provide for additional uses, including bankcs and savings and loan associations, in P.S. Districts, and the Council having conducted a public hearing with regard to this matter on July 9, 1973, pursuant to Council Resolution 410-73, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 73-3-6-8 is hereby approved and granted, based upon the revised language set forth in a communication from the Planning Department, dated September 14, 1973, with the following additional changes in Section 9.02: 1. Delete the language "with an essentially residential appearance or of construction which is" and relocate the word "of." 2. In paragraph (b), add "s" to the words "person" and "association" and add a semi-colon after the word association. and the Department of Law is requested to prepare an Ordinance amending Ordinance 543, as amended, in accordance with this resolution. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was 14113 p982-73 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated November 20, 1973, and submitted pursuant to Council Resolution 801-73, with regard to a communication dated June 22, 1973 from the City Planning Commission which sets forth its resolution No. 5-138-73 with regard to Petition No. 73-4-6-10 submittedby the City Plan- ning Commission pursuant to Council Resolution No. 230-73 to amend Article XIV of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, by adding Section 14.06, Site Plan Review and Approval, and by amending Section 14.07, Waiver Uses, so as to provide for more permitted uses in the R-E Zoning District, and the Council having conducted a public hearing with regard to this matter on September. 10, 1973, pursuant to Council Resolution No. 620-73, the Council does hereby determine to refer this matter back to the City Planning Commission for further study, revision, and thereafter a new report and recommendation, particularly with respect to the proposed prohibition of barrel-type or arch-roof construction, prohibition of outside storage of trucks and vehicles, and the landscaping requirements. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was 4983-73 RESOLVED, that having considered the report and recommendation of the Legislative Coniittee, dated November 20, 1973, and submitted pursuant to Council Resolution 802-73, with regard to a communication received by the City Clerk on June 29, 1973 from the City Planning Commission which sets forth its resolution No. 6-150-73 with regard to Petition No. 73-5-6-11 submitted by the City Planning Commission on its own motion to determine whether or not to amend Sections 2.10, 14.02, 15.02, 16.02, 16.11 and 17.02 pertaining to the controls and regulations of the industrial districts, and the Council having conducted a public hearing with regard to this matter on September 10, 1973, pursuant to Council Resolution No. 620-73, the Council does hereby concur with the recommendation of the Planning Commis- sion and the said Petition 73-5-6-11 is hereby approved and granted, except in Section 2.10, paragraph (21),the words "particular kind of" shall be deleted; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. Councilman Milligan gave second reading to the following Ordinance, direct- ing, however, in Section 2-02, paragraph CO, after the word "report", the following phrase should be inserted: "or to other agencies or activities for report and recom- mendation" AN ORDINANCE AMENDING TITLE 2 ('F THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING CHAPTER THERETO ENTITLED "AN ORDINANCE TO ESTABLISH A DEPARTMENT OF CITIZEN SERVICE AND CONSUMER PROTECTION." 14114 By Councilman Ventura, seconded by Councilman Brown, it was 4984-73 RESOLVED, that the proposed Ordinance, submitted by the Department of Law under date of October 8, 1973, which Ordinance would establish and create a Department of Citizen Service and Consumer Protection, and which was given its second reading by Councilman Milligan on November 28, 1973, is hereby referred to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura, Raymond, Milligan and Nash. NAYS: Bennett. The President declared the resolution adopted. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 5-1203 OF TITLE 5, CHAPTER 12 (ANTI-LITTER ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman McCann, seconded by Councilman Ventura, it was #985-73 RESOLVED, that having considered a communication from the Director of Public Works (in his capacity as Street Administrator) dated November 21, 1973, approved for submission by t'iA Mayor and submitted pursuant to Act 51 of the Public Acts of Michigan of 1951.. as amended (M.S.A. Sec. 1097 (13) (d) (3) )with regard to the transfer of funds for the calendar year 1973 from the Major Street System Account to the Local Street System Account, the Council does hereby authorize the transfer of a sum up to, but not to exceed, $500,000 from those funds designated for use on the major street system to be used on the local street system; and the City Clerk is hereby authorized 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: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. 14115 By Councilman Raymond, seconded by Councilman McCann, it was 4986-73 RESOLVED, that having considered a communication from the City Planning Commission, dated November 16, 1973, which transmits its resolu- tion No. 11-284-73, adopted by the Commission on November 13, 1973 with regard to Petition No. 73-10-8-41 submitted by Maguran & Ritivol requesting approval of all plans required by Section 18.47 submitted in connection with a proposal to construct a retail sales building on property located on the west side of Middlebelt Road between St. Martins and Bretton in Section 2, the Council does hereby, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, concur in the recommendation of the Plan- ning Commission and Petition No. 73-10-8-41 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission, as well as the additional condition that the five parking spaces which are closest and parallel to Middlebelt Road be relocated to either the side or rear of the subject structure and that additional landscaping be provided in this area in a manner made subject to approval by the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Ventura, Raymond, Milligan and Nash. NAYS: Brown. LThe President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #987-73 RESOLVED, that having considered a communication from the City Planning Commission, dated November 8, 1973, approved by the Budget Director, and approved for submission by the Mayor, the Council does hereby accept the proposal of Air-Crafts, 6360 Highland Road, Pontiac, Michigan 48054, in the total amount of $1,150.00 for preparing maps for the City, including a 1,000 feet per inch Comprehensive City-Wide Zoning Map and a new series of 200' Scale 1/4 Section Maps, the same having been in fact the lowest proposal received for this item; further, the Council does hereby authorize the expenditure of the aforesaid amount of $1,1'50.00 from the Planning Department's Account 818; and the City Clerk and City Treasurer are hereby requested to do all things necessa.cy or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was L #988-73 RESOLVED, that having considered a communication from the City Planning Commission, dated November 8, 1973, approved by the Budget Director 14116 and approved for submission by the Mayor, the Council does hereby accept the written proposal of Air-Crafts, 6360 Highland Road, Pontiac, Michigan 48054, in the amount of $1,202.60 for the preparation of 144 Mylar, 200' scale 1/4 Section Maps upon which various Zoning District Designations will be recorded, the same having been in fact the lowest proposal received for this item; further, the Council does hereby authorize the expenditure of the aforesaid amount of $1,202.60 from the Planning Department's Account 818; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #989-73 RESOLVED, that having considered a communication from Mary Dumas, of the Wayne County Commissioners, dated November 21, 1973, with regard to the improvement of Six Mile Road as well as Haggerty Road, the Council does hereby refer the same to the Streets, Roads, and Plats Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #990-73 RESOLVED, that the preliminary plat of the proposed Bobrich Court Subdivision situated in the Southeast 1/4 of Section 11, City of Livonia, Wayne County, Michigan, having previously received the tentative approval of the City Planning Commission on March 7, 1972, by its resolution #3-78-72, and having been approved in a report dated November 8, 1973 from the City Engineer, said report having appended thereon the signatures of the Director of Public Works and the Mayor, indicating that substantial compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commission now having given final true plat approval on November 20, 1973 in its resolution #11-287-73; and further, the Council having considered a letter from the City Clerk dated November 28, 1973 pursuant to Section 9-126, Chapter 1 Title 9 of the Livonia Code of Ordinances, as amended, does hereby determine to grant its approval to the Final Plat of Bobrich Court Subdivision located in the Southeast 1/4 of Section 11, City of Livonia, Wayne County, Michigan, as submitted by Ager Building Company, as proprietor, the proprietor thereof being required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, the ordinances of the City of Livonia, Michigan, and further, the City Clerk shall do all things necessary for the full performance of this resolu- L tion. 14117 Councilman Ventura gave first reading to the following Ordinance : AN ORDINANCE AMENDING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 72-11-3-15) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconddd by Councilman McCann, it was #991-73 RESOLVED, that having considered a communication from the City Planning Commission dated November 5, 1973 which transmits its resolution No. 10-269-73 adopted by the Commission on October 30, 1973 with regard to Petition No. 73-10-8-44 submitted by Chaker's Land Company requesting approval of all plans required by Section 18.47 in connection with a proposal to remodel and renovate an existing restaurant located on the north side of Seven Mile Road between Middlebelt and Parkville in the Southwest 1/4 of Section 1, the Council does hereby determine, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, to reject the recommendation of the Planning Commission and Petition No. 73-10-8-43 is denied for the following reasons: 1. The proposed site plan would tend to direct commercial traffic onto the abutting residential street (Parkville Avenue) which is an unimproved local residential street and unduly burdened and conflict with the normal residential traffic of the neighborhood. 2. The proposed landscape plan is inadequate in that the amount and location of proposed materials is not in accord with good landscape design criteria. 3. The proposed site plan and site development is not in accord with the objectives of good site development as they relate to the planned overall image of the Livonia Mall area. 4. The proposed reNorking of the existing building is not of sufficient architectural merit to warrant approval. 5. The proposed site development could be substantially improved upon in that the site has the capacity to accommodate the relocation of parked cars which obstruct pedestrian and vehicular vision from the front yard to a location at the rear of the building. 14118 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, Raymond, Mulligan and Nash. NAYS: Bennett and. Brown. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, this 773rd regular meeting of the Council of the City of Livonia was duly adjourned at 10:19 P. M., November 28, 1973. 4K ADDISON W. .4 ,1% Clerk.