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HomeMy WebLinkAboutCOUNCIL MINUTES 1977-01-19 16075 MINUTES OF THE EIGHT HUNDRED FIFTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 19, 1977, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8.55 P. M. . Councilman Raymond delivered the invocation. Roll was called with the following result Present--Robert E. McCann, Robert F. rash, Jerry H. Brown, Jerry Raymond, Peter A Ventura, Robert R. Bishop and Robert D. Bennett. Absent--None. Elected and appointed officials present Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney, Frances Stem, Acting Deputy City Clerk, Carl J. Wagenschutz, City Treasurer, Robert E. Osborn, Director of Public Works, Robert Turner, Iblice Chief; G. E. Siemert, City Engineer, John Nagy, City Planner; John Dufour, Superintendent of Parks and Recreation, Jack Dodge, Director of Finance, Robert Wisler, Administrative Assistant to the Mayor, and Michael Reiter of the Water and Sewer Board By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #+9-77 RESOLVED, that the minutes of the 850th regular meeting of the Council of the City of Livonia, held January 5, 1977, are hereby approved. The communication dated January 19, 1977 from the City Clerk, transmitting notification from the County Clerk of the County of Wayne, Michigan of a Special Primary and General Election to be held in the City of Livonia to fill the vacancy in the 14th District of the State Senate, was received and filed for the informa- tion of the Council By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #50-77 RESOLVED, that the review of selected functions of the Livonia Parks, Recreation and Forestry Department, as submitted by Coopers & Lybrand, Certified Public Accountants, is hereby referred to the Finance and Insurance Committee for its resport and recommendation. 16076 The communication from the Engineering Division, dated December 27, 1976, impregarding the drainage problem at the Eight-Story Office Building (Sachs Associates, Inc. ), was received and filed for the information of the Council. The communication from the Traffic Commission dated December 15, 1976 with respect to parking problems at Ever=Seven Bingo Club (CR-618-76) was received and filed for the information of the Council Councilman Bennett took from the table, for second reading and adoption the following Ordinance. AN ORDINANCE AMENDING SECTION 31 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDI- NANCE, " BY ADDING SECTION 3. THERETO. RE PETITION 76-2-1-6 FOR CHANGE OF ZONING FROM C-2 TO R-1. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bishop, Bennett, Nash, Brown and McCann. NAYS. Raymond and Ventura. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bishop took from the table, for second reading and adoption the following Ordinance. AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO RE. PETITION 76-6-1-20 FOR CHANGE OF ZONING FROM RUF TO C-2. A roll call vote was taken on the foregoing Ordinwr e with the following result AYES- Ramnonid, Ventura, Bishop, Bennett, Nash, Brown and Mt,. 4m. NAYS• None 16077 The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Brown took from the table, for second reading and adoption, the following Ordinance- AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDI- NANCE, " BY ADDING SECTION 3. , THERETO. RE• PETITION 76-6-1-21 FOR CHANGE OF ZONING FROM C-2 TO RUF A roll call vote was taken on the foregoing Ordinance with the following result AYES Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDI- NANCE, " BY ADDING SECTION 3._THERETO RE PETITION 76-6-1-26 FOR CHANGE OF ZONING FROM RUF TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result. AYES• Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS• None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Bennett, seconded by Councilman Bishop, it was 16078 #51-77 RESOLVED, that having considered the report and recommendation of the City Engineer dated December 21, 1976 which bears the signature of the Finance Director, is approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby accept the Unit Price Bid of Boam Company, 20523 Merriman Road, Livonia, Michigan, for improving approximately 3-1/2 miles of streets in the Argonne Subdivi- sion located in the Northeast 1/4 of Section 1 in the City of Livonia, Michigan (S.A.D. No. 154), in accordance with plans and specifications as prepared by the Engineering Division attached to the aforesaid com- munication, for the estimated total cost of $888,346.58, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on 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 item, and the Council does hereby appropriate a sum not to exceed $223,825.36 from Federal Community Development Fund Receipts to cover 35% of the said paving cost; and the Council does hereby appropriate as an advance $664,521.22 from the $9.8 Million General Road Improvement Bond Issue to cover the balance of the cost herein involved subject to and based upon the provision that said bond issue be reimbursed by a like amount at such time as funds are available from Special Assessment District No. 154, Motor Vehicle Highway Funds, and bonds to be sold for the Livonia Drain No. 47 Project; further, the Council does hereby request that Livonia Drain No 47-Drainage Board authorize the City to advance funds requiredto proceed with the construction of Livonia Drain No. 47 in conjunction with the said street paving project in the Argonne Subdivision subject to and based upon the provision that the City be reimbursed from proceeds of bonds sold in connection with Livonia Drain No. 47, and the Director of Public Works is hereby authorized to approve any minor adjustments in the work as completed, and the Mayor and the 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #52-77 RESOLVED, that having considered a communication from the Mayor dated December 27, 1976 with regard to the use of the Emergency Fund for the purpose of restoring heat which had been turned off at the home of a destitute senior citizen which heat had been turned off due to an out- standing oil bill in the amount of $190.01, the Council does hereby deter- mine to appropriate the sum of $190.01 from the Unexpended Fund Balance Account to be transferred to the Mayor's Emergency Fund, the action herein being taken for the reasons indicated in the aforesaid communica- tion. A roll call vote was taken on the foregoing resolution with the following result- AYES• Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. 16079 By Councilman Bishop, seconded by Councilman Bennett, it was #53-77 RESOLVED, that having considered the communication from the Finance Director dated December 22, 1976, approved for submission by the Mayor, the Council does hereby determine to authorize the payment of $1500.00 to Oakway Symphony by the use of monies budgeted for this purpose. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, it was #54-77 RESOLVED, that having considered a communication from the Finance Director dated December 14, 1976, approved for submission by the Mayor, to which is attached a communication from the Wayne County Director of Accounting and Auditing Divisions wherein payment is requested in the amount of $3,110.70 on the basis of the County's share of the payments received in lieu of property taxes for McNamara Towers, pursuant to the provisions of 1968 PA 334, for the fiscal year 1976, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #55-77 RESOLVED, that having considered a communication from the Person- nel Director dated December 9, 1976, approved by the Finance Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on November 18, 1976, wherein a request is submitted for certain additional funds, the Council does herCoy determine to appropriate the sum of $600 from the Unexpended Fund Balance Account to be transferred to the following accounts in the following amounts: a. $250 to the Travel and Education Account 101-220-864-010-000 b. $350 to the Training Account 101-220-960-010-000 the action herein being taken for the reasons indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. 16080 By Councilman Ventura, seconded by Councilman Bishop, it was ii* #56-77 RESOLVED, that having considered a communication from the Director of Finance, dated December 1, 1976, approved for submission by the Mayo, the Council does hereby determine to authorize the purchase of gasoline from Texaco, Inc., effective November 18, 1976, at the following unit prices: Less than 5,000 Gals. - 42.7 cents/Gallon More than 5,000 Gals. - 37.8 cents/Gallon Lead Free Less than 5,000 Gals. - 44.7 cents/Gallon Lead Free More than 5,000 Gals. - 39.8 cents/Gallon said prices being made in accordance with Federal Government Regulations, further, the Council does hereby determine to authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 2-213 (d)(5) of the Livonia Code of Ordinances, and all prior resolutions in conflict herewith are hereby repealed, amended or revised to the extent necessary to be consistent with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS None. The communication dated December 14, 1977 from the Director of Finance, in regard to Federal regulations governing the purchase of gasoline (CR-833-76), Was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Ventura, it was #57-77 RESOLVED, that having considered a communication from the City Clerk dated December 28, 1976 which indicates that the Livonia Builders, 36714 Bennett, Livonia, Michigan 48152, proprietor of Millbrook Estates Subdivision, situated in the Northwest 1/4 of Section 11, City of Livonia, Michigan, has delivered final true plats to the City Clerk and requested that said plat be presented to Council for final approval; and the Council having received a communication from the City Planning Commission dated December 27, 1976 wherein said Commission approves the final plat for the said subdivision in its resolution #12-263-76, adopted on December 21, 1976, and the Council having considered a report from the City Engineer dated November 30, 1976 recommending approval of the final plat of said subdivision, the preliminary plat of which was approved by the Council in its resolution #655-76, adopted on August 11, 1976, said preliminary plat having been recommended for approval by the City Planning 16081 Commission on March 2, 1976 in its resolution #3-33-76; now, therefore, the Council does hereby determine to grant its approval to the Final Flat of Hillbrook Estates Subdivision located in the Northwest 1/4 of Section 11, City of Livonia, Wayne County, Michigan as submitted by the proprietor thereof, which proprietor is also hereby required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, and the ordinances of the City of Livonia, and further, the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS• None. The communication dated December 8, 1977 from the City Planning Commission with respect to an extension of Waiver Petition No 76-7-2-12, was received and and filed for the information of the Council. By Councilman Nash, seconded by Councilman Raymond, it was #58-77 RESOLVED, that having considered a communication dated January 4, 1977 from the City Planning Commission which transmits its resolution #12-247-76, adopted on December 7, 1976, with regard to Petition No. 76-11-2-21 submitted by Al Green's on the Hill requesting waiver use approval to operate a Class C Liquor licensed establishment within an existing building located in the Wonderland Shopping Center, on the south- west corner of Plymouth and Middlebelt Roads, in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby deter- mine to concur in the recommendation made by the City Planning Commission and Petition #76-11-2-21 is hereby approved and granted such approval to be based upon compliance with the following conditions• 1. approval by the City Council of Petition #76-10-2-20 requesting permission to operate a restaurant as a waiver use on the subject property, 2. approval by the City Council of a site plan with respect to the subject property, and 3. approval by the City Council of a Class C Liquor License designation. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. 16082 Py Councilman Ventura, seconded by Councilman Brown, it was #59-77 RESOLVED, that having considered a communication dated May 4, 1576 from the City Planning Commission which sets forth its resolution 44-61-76 with regard to Petition #76-3-1-10 submitted by the City Plan- ning Commission on its own motion for a change of zoning on property located on the south side of Ann Arbor Road between Newburgh Road and Horton, in the Northeast 1/4 of Section 31, from C-1 to R-1, and the Council having conducted a public hearing with regard to this matter on August 23, 1976, pursuant to Council resolution #455-76, and the Council having also considered a communication dated December 8, 1976 from the City Planning Commission in connection therewith, the Council does hereby reject the recommendation of the Planning Commission and said Petition #76-3-1-10 is hereby denied. A roll call vote was taken on the foregoing resolution with the following result. AYES• Ventura, Raymond, Bishop, Nash, Brown and McCann. NAYS. Bennett. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Ventura, it was #60-77 RESOLVED, that having considered a communication dated December 30, 1975 from the City Planning Commission which sets forth its resolution 110 12-291-75 with respect to Petition #75-6-1-16 submitted by Jack Eason, Edwin M. Burke, and John Migut, for a change of zoning on property located on the north side of Seven Mile Road, west of Farmington Road, in the Southeast 1/4 of Section 4, from RUFA to R-7, and the Council having conducted a public hearing with respect to this matter on March 1, 1976, pursuant to Council resolution #77-76, and the aforesaid petitioners hav- ing submitted an amendment to their petition, dated December 14, 1976, wherein they have requested that the subject property be rezoned to the R-1 single family residential classification in lieu of their previous request for R-7 multi-family zoning, the Council does hereby determine to approve and grant said petition, as amended, to the R-1 classification, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Ventura, Bennett and Nash. NAYS: Bishop, Brown and *McCann. The President declared the resolution adopted. *Councilman McCann made the following statement Icy 'no' vote is cast because I would prefer a R-2-B classification. 16083 ry Councilman Bennett, seconded by Councilman Ventura, it was #61-77 RESOLVED, that having considered a communication dated December 30, 1975 from the City Planning Commission which sets forth its resolution 12-290-75 with respect to Petition #75-7-1-23 submitted by Jane M. Hass and Jessie Blanock for a change of zoning on property located on the north side of Seven Mile Road, east of Gill Road, in the Southeast 1/4 of Section 4, from RUF to R-7, and the Council having conducted a public hearing with respect to this matter on March 1, 1976, pursuant to Council resolution #77-76, and the aforesaid petitioners having submitted an amendment to their petition, dated December 14, 1976, wherein they have requested that the subject property be rezoned to the R-1 single family residential classification in lieu of their previous request for R-7 multi-family zoning, the Council does hereby determine to approve and grant said petition, as amended, to the R-1 Classification, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Bennett and Nash. NAYS: Bishop, Brown and *McCann The President declared the resolution adopted. *Councilman McCann made the following statement: My 'no' vote is cast because I would prefer a R-2-B classification. By Councilman Ventura, seconded by Councilman Nash, it was #62-77 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated October 7, 1976, and the report and recom- mendation of the Chief of Police dated December 16, 1976 in connection therewith, the Council does hereby approve of the request from Kenneth B. Law for a new SDM License to be located at 33054-33060 Seven Mile Road, Livonia, Michigan, (D & K Quick Stop), and the City Clerk is hereby re- quested 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• Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Bishop, it was 1608+ #63-77 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated December 3, 1976, and the report and recom- mendation of the Chief of Police dated January 19, 1977 in connection therewith, the Council does hereby approve of the request from Rick Mar, Inc. for transfer of ownership of 1976 Class C Licensed Business with Dance Permit located at 19170 Farmington Road, Livonia, Michigan (Colonial Lounge, Inc. ); and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commis- sion. A roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Nash, seconded by Councilman Brown, and unanimously adopted, it was #64-77 RESOLVED, that having considered a communication from the City Engineer dated December 6, 1976 which bears the signature of the Finance Director, is approved by the Director of Public Works and approved for submission by the Mayor, which submits final cost information with respect to the Bonaparte Gardens Subdivision Street Improvement (S.A.D. #140), the Council does hereby determine to refer the same to the Streets, Roads and Plats Committee for its report and recommendation. By Councilman Nash, seconded by Councilman Brown, it was #65-77 RESOLVED, that having considered the report and recommendation of the City Engineer dated December 8, 1976 which bears the signature of the Finance Director, is approved by the Director of Public Works and approved for submission by the Mayor, which transmits final cost informa- tion with regard to the Melody Manor Subdivision Street Improvement (S.A.D. #152), the Council does hereby determine, based upon actual costs incurred in completing the subject project, that the Assessment Roll previously confirmed with respect to the same be amended and revised by the City Treasurer and the City Assessor so as to reduce the assasatnent for front streets from $7.35 per front foot to $5.95 per front foot, and the assessment rate for side streets from $128.66 per lot to $104.13 per lot, further, the Council does hereby determine, in accordance with Section 2-526 of the Livonia Code of Ordinances, as amended, to authorize an increase in the City's participation in the subject project and S.A.D. #152 by an increase from $11,915.15 to $16,843.82 which City's share is hereby appropriated and authorized to be expended from the $9.8 Million General Obligation Road Improvement Bond Issue for this purpose, and the City Assessor, the City Clerk, and the 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 Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS None. 16085 By Councilman Nash, seconded by Councilman Brown, it was #66-77 RESOLVED, that having considered the report and recommendation of the City Engineer dated December 7, 1976, approved by the Director of Public Works and approved for submission by the Mayor, which transmits a copy of a letter dated November 24, 1976 from the Engineer of Traffic and Safety for the Board of Wayne County Road Commissioners to which are attached maintenance agreements with respect to city-owned traffic sig- nals under which the City will pay 100%of all energy and maintenance costs as well as provide the Wayne County Road Commission and the County of Wayne with liability insurance ($200,000/$500,000 bodily injury and $200,000/$500,000 property damage), the locations of which are as follows• Amrhein Road at Chevrolet Plant Drive (SL-1005) Amrhein Road at Newburgh Road (SL-1141) Ann Arbor Trail and Newburgh Road (SL-288) Lyndon Avenue and Newburgh Road (SL-1155) Newburgh Road at Holmes Junior High School (SL-1098) West Chicago Road and Harrison Avenue (SL-905) Farmington Road at Fire Station No. 1, south of Five Mile Road (SL-1017) Farmington Road at Fire Station No. 2, south of Plymouth Road (SL-887) Farmington Road at Fire Station No. 3, north of Seven Mile Road (SL-885) Middlebelt Road at Fire Station No. 4, north of PlymouthRoad (SL-886) Middlebelt Road at Fire Station No. 5, south of Seven Mile Road (SL-1107) Plymouth Road at Fire Station No 6, west of Newburgh Road (SL-224) Ann Arbor Trail at Johnson School, 600 Ft. east of Newburgh Rd. (SL-1278) the Council does hereby determine to authorize the Mayor and the City Clerk, for and in behalf of the City of Livonia, to execute each of the said Traffic Signal Agreements (13) as well as to request and authorize the Finance Director to do all things necessary in order for the City to obtain and provide the Liability Insurance required under these agree- ments; and the City Clerk is also requested to send a certified copy of this resolution to the Board of Wayne County Road Commissioners to the attention of the Engineer of Traffic and Safety. A roll call vote was taken on the foregoing resolution with the following result• AYES• Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann NAYS None. By Councilman Raymond, seconded by Councilman Brown, it was #67-77 RESOLVED, that having considered the report and recommendation dated November 29, 1976 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 16086 Parcel No. Footage Required Lineal) L. N W. 1/4 of Section 35 990011 35Dlalb 35' 990056 35D31al 8o 990057 35D31b1 100 990058 35D32a 180 990059 35D33a 180 990060 35D34a1 90 990061 35D34b1 80 990062 35D35a 180.35 990063 35F3a1 164.73 990064 35F4a1a,F4blala 121.71 S. W 1/4 of Section 26 990005 26G4b1 170 990004 26G4a1 121.75 990003 26G2a,G3a 194.15 990001 26G1a1 165 990009001 26H3b1a 441.48 002 9H0 9a,I $66QQ 5511a,Ilfla 2611e1 99 990014 2611d1 111.25 16087 Parcel No. Footage Required Lineal 990013 2611b1b,Tlclb 97 S. E. 1/4 of Section 27 990005 27F2alalb,2bla, 2c5a2 58 990004 27F2b2a,F2cla 347.68 990008 27F2a1a2,G37a1 100 990006 27F2c3a1 6o 990009 27F2c3a1 114.90 990010 27F2ac3b1,F2c4a 60 990042 27G12a 135.37 990040, 990041 27G11a,Gl0b1 129.50 990039 27G10a1 51.50 990038 27G9b1 51.50 990037 27G9a1 51 50 990036 27G8a 51.50 990035 27G7a 103 990034 27G6a 103 990033 27G5a 103 990032 27G4b1 51.50 16088 Parcel No. Footage Required Lineal 990031 27G4a1 51.50 990029 27G2a1 103 990028 27G1c,H1 104 990055 2711,Glb 50 990056 27J1,G1a3 94.50 990057002 27K1a,G1a2 50 990058 27K2a 119 and for the reasons stated therein, 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, and further, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said side- walk work on or before June 1, 1977. A roll call vote was taken on the foregoing resolution with the following result• AYES Raymond, Bishop, Nash, Brown and McCann. NAYS• Ventura and Bennett. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was X68-77 RESOLVED, that the Council having considered a communication from the City Engineer dated December 15, 1976, approved by the Director of Public Works and approved for submission by the Mayor, and submitted pursuant to Council resolution No. 519-75 wherein the City Engineer has ascertained the assessed valuation of all property affected by the pro- posed installation of street lights on Fairfax and Melvin, between Purlingbrook and St. Martins, in the City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which s'r:ow 16089 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 recom- mendation 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 January 3, 1977, 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 h hereby set Monday, February 28, 1977, 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 auth- orized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Ventura, seconded by Councilman Raymond, it was #69-77 WHEREAS, it is necessary to locate, establish and construct certain drainage improvements to be known as Livonia Drain No. 47, to be located entirely within and to serve only areas located entirely within the limits of the City of Livonia, the location of said storm drain improvements being as set out in Exhibit A attached hereto and made a part hereof, and WHEREAS, in the opinion of the City Council, the location, establishing and constructing of said drainage improvements are necessary for the public health of the City of Livonia, and the entire cost thereof, except that part representing benefits to State and County highways, should be assessed against the City for public health; and WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended (the Drain Code of 1956), provides a feasible method of financing the cost of said improvements where the same are necessary for the public health of the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20, NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to and approve the making of the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, applica- ble to the location, establishing and constructing of the storm drain improvements set forth in the preamble hereof, and does hereby consent to and approve the location, establishing, constructing and improving of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 16090 2. The proposed storm drain improvements set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign for and on behalf of the City of Livonia a petition praying for the location, establishing, constructing and improving of the same, as set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. 3. In the event the proposed improvements herein authorized to be petitioned for are for any reason not financed or constructed pursuant to the petition duly filed, the City of Livonia shall assume and pay all costs incurred by the statutory drainage board in acting upon said petition pursuant to the requirements of the law. 4. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and they hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result• AYES Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS. None. By Councilman Ventura, seconded by Councilman Raymond, it was 470-77 RESOLVED, that having considered a communication from the Finance Director dated January 10, 1977, approved for submission by the Mayor, to which is attached a communication from R. L. Jones & Associates, Inc. dated December 29, 1976, the City's Agent of Record, concerning insurance coverage (i. e , Police Professional, Umbrella, and Automobile), the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS• None. By Councilman Raymond, seconded by Councilman Ventura, it was #71-77 RESOLVED, that having considered a communication from the Depart- ment of Law dated December 21, 1976, approved by the Superintendent of Parks and Recreation, and approved for submission by the Mayor, with regard to lease agreements between the City of Livonia and David Montgomery and Cynthia Montgomery, and Craig Ashworth and Carol Ashworth, respectively, for residences located at 38125 West Eight Mile Road, Livonia, Michigan, commonly referred to as Greenmead, the Council does hereby authorize the Mayor and the City Clerk to execute the aforesaid lease agreements in behalf of the City of Livonia in the manner and form submitted, as well as to do all other things necessary or incidental to the full performance of this resolution. 16091 A roll call vote was taken on the foregoing resolution with the following result : imr AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. The communcation dated December 21, 1976 from the Department of Law in regard to the legality of establishing a special assessment district to finance the adquisition of open space or park land (CR-936-76), was received and filed for the information of the Council. The communication dated December 21, 1976 from the Department of Law with respect to the propriety of using Community Development Funds for the purchase of land for the Silver Village Senior Citizens Housing Development (CR-974-76), was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #72-77 RESOLVED, that the City Attorney is hereby instructed to prepare the necessary ordinance amendment to provide that "compensation of all elected officials, for the purposes of determining contributions to the retirement plan, and benefits thereunder, shall be only that compensation as is actually paid said officials" as recommended by the Local Officers Compensation Commission. By Councilman Bishop, seconded by Councilman Nash, and unanimously adopted, it was #73-77 RESOLVED, that having considered communications dated December 21 1976 and December 22, 1976, from Councilman Robert R. Bishop, which submit recommendations concerning the improvement of the pedestrian crossing on Farmington Road between Lyndon and Schoolcraft, the Council does hereby determine to refer the same to the Traffic Commission for its report and recommendation. By Councilman Nash, seconded by Councilman Raymond, it was unanimously adopted #74-77 RESOLVED, that having considered a communication from the City Clerk dated January 10, 1977, the Council does hereby determine to designate the "Observer & Eccentric Newspaper, " Division of Suburban Communications Copp. , 36251 Schoolcraft Road, Livonia, Michigan 48150, as the Official Newspaper of the City of Livonia for the period of March 1, 1977 through February 28, 1978 bk. 16092 Py Councilman Raymond, seconded by Councilman Ventura, it was #75-77 RESOLVED, that having considered a communication from Mr. Charles E. Roy, 14638 Westmore, Livonia, Michigan 48154, dated January 5, 1977, wherein he requests that the approval "above all others" previously rendered by this Council for Mr. Roy in Council resolution #162-72, adopted on February 16, 1972, and thereafter extended for a 24-month period in Council resolution #816-73, adopted on September 26, 1973, be canceled for the reasons indicated in the aforesaid communication, the Council does hereby determine to rescind Council resolution #162-72 and Council Resolution #816-73, 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• Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS None. The communication dated January 5, 1977 from the Wayne County Road Commis- sion, and the communication dated December 15, 1976 from the City Traffic Commission with regard to traffic problems on Middlebelt, between Schoolcraft and Five Mile Road, CR-983-76, were received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Bishop, it was #76-77 RESOLVED, that having considered a communication dated October 22, 1976 from the City Planning Commission which sets forth its resolution #10-192-76 with regard to Petition #76-7-1-29 (rehearing) submitted by James A. Creed, for Monaghan K-C Building Association for a change of zoning on property located on the west side of Farmington Road between Seven and Eight Mile Roads, in the Southeast 1/4 of Section 4, from P.S. to C-2 and P, and the Council having conducted a public hearing with re- gard to this matter on January 3, 1977, pursuant to Council resolution #960-76, the Council does hereby concur in the recommendation of the Plan- ning Commission and the said Petition No. 76-7-1-29 (rehearing) 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 pre- pare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond , Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS• None. 16093 Py Councilman Nash, seconded by Councilman Ventura, it was ii77-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 15, 1976 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 3, 1977, after due notice as required by Section 2-507 of said. Code, and careful consid- eration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: 1. accept and approve said statement in all respects with the exception, however, of deleting and removing from said district the three (3) street lights proposed to be installed on Fairlane; 2. determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Wildwood Forest Subdivision located in the N. W. 1/4 of Section 21, City of Livonia, Wayne County, Michigan, as described in said statement, as revised; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3. approve the plans and specifications for the improvement as set forth in said statement dated. October 15, 1976, as revised, 4. determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, 5. determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; 6. designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows. A special assessment district located in the N.W. 1/4 of Section 21, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as lots 1 through 43, and 50 through 86, inclusive, of Wildwood Forest Subdivision. 7. direct the City Assessor to prepare a special assessment roll in accordance with the Council' s determination on said statement as prepared by the City Engineer dated October 15, 1976, as revised, and 8. that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who there- upon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. 16094 A roll call vote was taken on the foregoing resolution with the following result: AYES' Ventura, Raymond, Bishop, Nash, Brown and McCann. NAYS• Bennett. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, it was #78-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 19, 1976 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 3, 1977, after due notice as required by Section 2-507 of said Code, and careful consid- eration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code 1. accept and approve said statement in all respects, 2 determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Francavilla Subdivision No. 1 located in the S. E. 1/4 of Section 9, City of Livonia, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3. approve the plans and specifications for the improvement as set forth in said statement dated October 19, 1976; 4. determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, 5. determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, 6. designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows- A special assessment district located in the S. E. ,1/4 of Section 9, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as lots 1 through 120, both inclusive, of Francavilla Subdivision No. 1. 7. direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated October 19, 1976, and 16095 8. that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result• AYES Raymond, Ventura, Bishop, Nash, Brown and McCann. NAYS: Bennett. The President declared the resolution adopted By Councilman Brown, seconded by Councilman Nash, it was #79-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 27, 1976 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 3, 1977, after due notice as required by Section 2-507 of said Code, and careful consid- eration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code 1. accept and approve said statement in all respects; 2. determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Michael Kerby Industrial Subdivision located in the N. W. 1/4 of Section 28, City of Livonia, Michigan as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, 3. approve the plans and specifications for the improvement as set forth in said statement dated October 27, 1976, 4. determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, 5. determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; 6. designate the assessment district, describing the land and premises upon which special assessments shall, be levied as follows . A special assessment district located in the N. W. 1/4 of Section 28, T 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as lots 1 through 6, inclusive, Michael Kerby Industrial Subdivision, City of Livonia, Wayne County, Michigan. 16096 7. direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said Iwo statement as prepared by the City Engineer dated October 27, 1976, and 8. that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result. AYES• Raymond, Bishop, Bennett, Nash, Brown and McCann. NAYS• Ventura. The President declared the resolution adopted. By Councilman Brown, seconded Councilman Bishop, it was #80-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 27, 1976 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 3, 1977, after due notice as required by Section 2-507 of said Code, and careful consid- tow eration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code• 1. accept and approve said statement in all respects, 2. determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Sheffield Estates Subdivision, located in the N.W. l/4 of Section 9, City of Livonia, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; 3. approve the plans and specifications for the improvements as set forth in said statement dated October 27, 1976, 4, determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; 5. determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; 6. designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: 16097 A special assessment district located in the N W. 1/4 of Section 9 and the S W 1/4 of Section 8, T 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as Lots 1 through 67, inclusive, Sheffield Estates Subdivision, Lots 1 through 3, inclusive, Nottingham Woods West Subdivision and Bureau of Taxation Parcels 08a3b1,08A3b2, 08A4ala, 08A4a2 and the West 110.81 feet of 09b40c. 7. direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated October 27, 1976, and 8. that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result• AYES• Raymond, Ventura, Bishop, Nash, Brown and McCann NAYS• Bennett. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Brown, it was *81-77 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 21, 1976 on all matters required by Section 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 3, 1977, after due notice as required by Section 2-507 of said Code, and careful considera- tion having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said code (1) accept and approve said statement in all respects (2) determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Stoneleigh Village Subdivision located in the S.W. 1/4 of Section 21, City of Livonia, Wayne County, Michigan, as described in said statement and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated October 21, 1976; 16098 (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments.;shall be levied as follows: A special assessment district located in the S. W 1/4 of Section 21, T 1 S. , R. 9 E. ,City of Livonia, Wayne County, Michigan being more particularly described as lots 1 through 130, both inclusive of Stoneleigh Village Subdivision. (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated October 21, 1976, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who there- upon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances A roll call vote was taken on the foregoing resolution with the following result• AYES Raymond, Bishop, Nash, Brown and McCann NAYS: Ventura and Bennett The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #82-77 WHEREAS, pursuant to the direction of the City Council in its resolution #1006-76, adopted on November 23, 1976, and in accordance with Section 2-510 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 December 28, 1976 an assessment roll dated December 21, 1976 for the proposed installation of a 31-foot wide deep strength asphalt pavement with concrete curbs and gutters (City's Alternate II Improvement) on Deering Avenue, north of Joy Road, in the S.E. 1/4 of Section 36, City of Livonia, Michigan and containing the special assessments to be assessed and levied, respectively, in the pro- posed special assessment district heretofore established for the construc- tion and operation of the proposed improvement in said district as designated in Council resolution #1006-76, 16099 NOW, 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 iwor 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, February 28, 1977, 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 circulat- ed generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of February 28, 1977; 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 Nash, seconded by Councilman Ventura, andunanimously adopted, it was #83-77 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLX 125.584), as well as Article XXIII of Ordinance No. 543, as amended, t'i. 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, February 28, 1977, at 8 CO P. M at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items• (1) Petition #76-10-1-35 submitted by the City Planning Commission on its own motion to rezone property located on the east side of Henry Ruff between Five Mile Road and Jamison in the Northeast 1/4 of Section 23, from RUFA to P. L., the City Planning Commission having in its resolution #12-242-76 recommended to the City Council that Petition #76-10-1-35 be approved, (2) Petition #76-10-1-38 submitted by the City Planning Commission on its own motion to rezone property located north of Schoolcraft Road between Melvin and Beatrice, in the Southeast 1/4 of Section 23, from R-1-A to P L., the City Planning Commission having in its resolution #12-243-76 recommended to the City Council that Petition #76-10-1-38 be approved, 16100 (3) Petition #76-10-1-41 submitted by the City Planning Commission on its own motion for a change of zoning of property located north of Schoolcraft Road west of Hubbard, in the Southwest 1/4 of Section 22, from RUF to R-1-B, the City Planning Commission having in its resolution #12-244-76 recommended to the City Council that Petition #76-10-1-41 be approved, (4) Petition #76-11-1-42 submitted by the City Planning Commis- sion on its own motion for a change of zoning of property located on the south side of Five Mile Road between Arden and Melrose, in the Northeast 1/4 of Section 22, from P.S. to R-1, the City Planning Commission having in its resolution #12-245-76 recommended to the City Council that Petition #76-11-1-42 be approved, and (5) Petition #76-11-6-11 submitted by the City Planning Commission, pursuant to Council resolution #809-76, to amend Section 11.03(a) and 11 023(b) of Ordinance No. 543, the Zoning Ordinance of the City of Liva.nia, so as to require that all gas stations shall provide at least one full service gasoline pump island for senior citizens, the sick or handicapped and such other persons in the community as may be in need of this service, the City Planning Commis- sion having in its resolution #12-249-76 recommended to the City Council that Petition #76-11-6-11 be denied, further, the City Clerk is hereby rcy ested to, no less than fifteen (15) days prior to the aforesaid date o^ , d public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and (b) location of Lia proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a news- paper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to Each pubh c utility company and to each railroad company owning or operating any public utility or rail- road within the districts or zones affected, further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. Councilman Brown gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE, " BY ADDING SECTION 3. THERETO RE: PETI- TION NO. 76-2-1-5 FOR CHANGE OF ZONING FROM P.L TO R-2 16101 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk, and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #84-77 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 Nash, seconded by Councilman Bishop, it was #85-77 RESOLVED, that having considered a communication dated December 7, 1976 from the City Planning Commission which sets forth its resolution #11-241-76 with regard to Petition #76-10-2-20 submitted by Al Green's on the Hill requesting waiver use approval to operate a restaurant within an existing building located within the Wonderland Shopping Center on the south side of Plymouth Road, west of Middlebelt, in the Northeast 1/4 of Section 35, on property zoned C-2, and the Council having conducted a public hearing with regard to this matter on January 17, 1977, pursuant to Council resolution #1085-76, the Council does hereby reject the recom- mendation of the City Planning Commission and the said Petition #76-10-2-20 is hereby approved and granted subject to and condition upon compliance with the following conditions 1. that the landscaping shown on Plans A and B, as attached to a communication from Abe Green dated January 13, 1977, shall be installed in an expeditious manner at the Wonderland Shopping Center on Plymouth Road and Middlebelt Road no later than August 1, 1977, 2. that the petitioner shall install landscaping in and about the structure of the proposed restaurant use no later than August 1, 1977, the sufficiency of which landscaping is made subject to approval by the City Planning Department, and 3. that the seating capacity of the subject restaurant shall not exceed 350 seats. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that the foregoing resolution be amended so as to delete the condition as to the seating capacity of the subject restaurant. L A roll call vote was taken on the amendment with the following result. AYES. Raymond, Ventura and Brown NAYS: Bishop, Bennett, Nash and McCann. The President declared the amendment DENIED. 16102 A roll call vote was taken on the original resolution with the following result imw AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS• None. By Councilman Ventura, seconded by Councilman Bishop, it was #86-77 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated December 30, 1976 with regard to an application from Attorney Eugene Driker, 21st Floor First Federal Building, 1001 Woodward Avenue, Detroit, Michigan, submitted in behalf of Al Green's On the Hill, Inc., for a new Class "C" License to be located in the Wonderland Shopping Center on the northwest corner of Plymouth and Middlebelt Roads, Livonia, Michigan, the Council does hereby determine to take this means to advise the Michigan Liquor Control Com- mission that the City Council approves the said request "above all others, ' such approval being subject to and conditioned upon compliance by the applicant with the following conditions 1. That the license will be put to use within the City of Livonia within 2 years from the date of issuance by the Michigan Liquor Control Commission. 2. That the license will be used at the location indicated by the applicant in accordance with plans and other communications submitted to the Council. 3. That the license will be used in a facility which is also used for serving of food to be consumed on the premises 4. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. 5. That a police report will be submitted to the Council In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked except the extent that the applicant may be permitted to seek modification of condition No. 2 above, upon approval of such modification by the City Council based upon a showing of good cause, and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commis- sion A roll call vote was taken on the forggoing resolution with the following result. AYES Raymond, Ventura, Bishop, Bennett, Nash, *Brown and McCann. NAYS: None. *Councilman Brown made the following statement I sincerely feel that I was correct in favor of the veto. I was not against the license, but rather the middleman In my opinion, it is now being corrected and the middleman eliminated. 16103 PIT Councilman Nash, seconded by Councilman Ventura, it was imp #87-77 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated January 28, 1976, with regard to an application from Enzo Paparelli, 32645 Barkley, Livonia, Michigan, president and stockholder of Enz-Mar Corporation, for a new full year Class C and SDM License to be located at 27777 Schoolcraft, Livonia, Michigan, the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request "above all others" such approval being subject to and conditioned upon compliance by the applicant with the following condi- tions 1. That the license will be put to use within the City of Livonia within 2 years from the date of issuance by the Michigan Liquor Control Commission. 2. That the license will be used at the location indicated by the applicant in accordance with plans and other com- munications submitted to the Council. 3. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 4 That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. 5. That a police report will be submitted to the Council. 6 That the license cannot be used to serve walk-in business, instead will be strictly limited. for use in connection with banquets, weddings, parties and other uses normally conduct- at Roma Hall In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked except to the extent that the applicant may be permitted to seek modification of condition No 2 above, upon approval of such modification by the City Council based upon a showing of good cause, and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. By Councilman Raymond, seconded by Councilman Brown, it was RESOLVED, that the request from Enzo Paparelli on behalf of Enz-Mar Corporation for a new full year Class C and SDM License to be located at 27777 Schoolcraft, Livonia, Michigan, be referred to the Committee of the Whole for its consideration. A roll call vote was taken on the motion to refer, with the following result AYES Raymond and Brown. NAYS Ventura, Bishop, Bennett, Nash and McCann. The President declared the motion to refer, DENIED. 1610+ A roll call vote was taken on the original resolution with the following result. AYES Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS None. By Councilman Ventura, seconded by Councilman Bishop, it was #88-77 RESOLVED, that having considered a communication from the Director of Public Works dated January 7, 1977, approved for submission by the Mayor, with regard to the Wheelock House located in the Civic Center on Shadyside Avenue, southwest of the City Hall, the Council does hereby determine to authorize the Director of Public Works to do all things necessary or incidental to demolish or remove the said Wheelock House from the Civic Center, the action herein being taken for the reason that this structure is situated in an area which will be incorpor- ated into the development of the new Civic Center Municipal Building, including modification of the City Hall. A roll call vote was taken on the original resolution with the following result AYES Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS. None. By Councilman Nash, seconded by Councilman Bishop, it was #89-77 RESOLVED, that with regard to $113 action taken by the Municipal Building Authority of Livonia in connection with the proposed moderate income elderly housing development to be located at Stark Road and Lyndon, including, but not limited to, the issuance of revenue-type bonds, pursuant to the request of the City of Livonia, the Council does hereby determine that the City of Livonia shall indemnify and save harmless the Municipal Building Authority of Livonia and/or its members, both jointly and severally, from any liability whatsoever in connection with the said project. A roll call vote was taken on the foregoing resolution with the following result. AYES Raymond, Ventura, Bishop, Bennett, Nash, Brown and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Brown, it was #90-77 RESOLVED, that having considered the report and recommendation dated January 7, 1977 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to amend Item No. 8 of Council Resolution #779-76, adopted on September 15, 1976, so as to reduce the financial assurances now on deposit with the City for General Improvements in Stamford Estates Subdivision, located in the N. W 1/4 of Section 9, City of Livonia, Michigan, to $19,000 of which $5,000 shall be in cash, to cover the cost 16105 of remaining improvements in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; further, all other Financial Assurances now on deposit with the City including those for Sidewalk Improvements shall remain the same and unchanged; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Ventura, Bishop, Bennett, Nash, Brown and. McCann. NAYS: None. On motion of Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, this 851st Regular Meeting of the Council of the City of Livonia was duly adjourned at 10:20 P. M., January 19, 1977. ADDISON W. BAC017,-3ITY LERK.