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HomeMy WebLinkAboutCOUNCIL MINUTES 1974-01-30 14188 MINUTES OF THE SEVEN HUNDRED SEVENTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 30, 1974, 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 8:30 P. M.. Councilman Raymond delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Robert R. Bishop, Jerry Raymond, Jerry H. Brown and Robert D. Bennett. Absent--Peter A. Ventura and Robert E. McCann (Excused). Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; G. E. Siemert, Director of Public Works; Jack Dodge, Finance Director; Gary Clark, Acting City Engineer; Robert Turner, Police Chief; H. Patrick O'Neill, Director of Civil Defense; Ronald Mardiros, City Assessor; John Nagy, City Planner; Russell Gronevelt, Superintendent of Operations Division; H. G. Shane, Planning Department; and Francis Hand of the Planning Commission. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #65-74 RESOLVED, that the minutes of the 777th regular meeting of the Council of the City of Livonia, held on January 16, 1974, are hereby approved. The communication from the Department of Law, dated January 21, 1974, with regard to Michigan Court of Appeals Docket #14480 (GBW vs City of Livonia, was received and filed for the information of the Council. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6-140 OF CHAPTER I (TRAFFIC) OF TITLE 6 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. Imw A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Brown, Bennett, Bishop and Nash. NAYS: None. 14189 The President declared the foregoing Ordinance duly adopted, and would become effective on publication, Councilman Brown gave second reading to the following Ordinance; AN ORDINANCE AMENDING TITLE 2 OF THE LIVONIA CODE OF ORDINATlCES, AS AMEND- ED, BY ADDING THERETO CHAPTER 23 ENTITLED "ARTS COMMISSION ORDINANCE." A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Brown, Bennett, Bishop and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 73-8-3-7) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Brown, Bennett. Bishop and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2.10 OF ARTICLE II; SECTION 14.02 OF ARTICLE XIV; SECTION 15.02 OF ARTICLE XV; SECTIONS 16.02 AND 16.11 OF ARTICLE XVI; AND SECTION 17.02 OF ARTICLE XVII OF THE CITY OF LIVONIA ZONING ORDINANCE, AS AMENDED. (Petition 73-5-6-112 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Brown, Bennett, Bishop and Nash. NAYS: None. 14190 LThe President declared the foregoing Ordinance duly adopted, and would become effective on publication. The item on the agenda with regard to the roll call vote on the proposed amendment to the Zoning Ordinance and Map, with respect to Petition No. 72-9-1-43 of Diversified Investment Company, was removed and will be considered at the next Regular Meeting of the Council to be conducted on February 13, 1.974. By Councilman Bishop, seconded by Councilman Raymond, it was #66-74 RESOLVED, that having considered the report and recommendation of the Division of Engineering dated January 9, 1974, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the bid of Streeter Amet Div. Mangood Corp., Grayslake, Illinois 60030, for supplying the City with four (4) traffic counters at a unit price of $550.00 and a total price of $2,200.00, the same having been in fact the lowest and only bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, Bennett, Bishop and Nash. LNAYS: None. By Councilman Bennett, seconded by Councilman Raymond, it was #67-74 RESOLVED, that having considered the report and recommendation of the City Clerk dated January 10, 1974, the Council does hereby accept the bid of Graphic Communications, Inc., 700 Junction, Plymouth, Michigan, for printing, punching and wrapping 3,000 copies of Ordinance No. 543, the Zoning Ordinance, and furnishing 100 binders for same for a total price of $3,325.00, the same having been in fact the lowest bid received for this item and meets all specifications. A roll call vote was taken on the foregoing resolution with the following result* AYES: Raymond, Brown, Bennett, Bishop and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, it was #68-74 RESOLVED, that having considered a communication from the City Planning Commission dated January 14, 1974, which transmits its resolution No. 12-317-73, adopted by the Commission on December 18, 1973 with regard to Petition No. 73-8-8-35 submitted by Robert J. Gagliardi requesting use and site plan approval to remodel and add to an existing restaurant located on the east side of Merriman Road between Schoolcraft and Plymouth 14191 Roads in Section 26, the Council does hereby determine, pursuant to pro- visions set forth in Section 30.02 of Ordinance No. 543, as amended, to concur in the recommendation of the Planning Commission and Petition No. 73-8-8-35 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, Bennett, Bishop and Nash. NAYS: None. The communication from the City Planning Commission, dated January 7, 1974, with respect to Petition 73-10-8-41 (Site Plan submitted by Maguran & Ritivol), was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Bennett, it was #69-74 RESOLVED, that in accordance with the provisions of Chapter VIII, Section 5, of the Charter of the City of Livonia and upon the recommenda- tion of the Mayor, dated January 8, 1974, the Council does hereby deter- mine to confirm the appointment of Mr. Louis Lekar, 34920 Beacon, Livonia, Michigan, to the Board of Review of the City of Livonia to succeed Mr. James T. Hindle for the unexpired portion of a term ending February 16, 1975. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, Bennett, Bishop and Nash. NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was #70-74 RESOLVED, that having considered a communication dated December 20, 1973 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. Fraser Anderson, 20306 Hubbard Road, Livonia, Michigan 48152, 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 proposeddivision or partition of Tax Item 03A66a1 would not be contrary to the spirit and purpose of the afore- said ordinance and does, accordingly, approve of dividing of same into two parcels, the legal descriptions of which shall read as follows: Parcel "A" Part of. the North East 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. Described as 14192 beginning at a point on the North and South 1/4 line of Section 3, distant due South 826.00 feet from the North 1/4 corner of Section 3, T. 1 S., R. 9 E., and proceed- ing thence North 89 degrees 47 minutes 40 seconds East 345.00 feet; thence due South 65.20 feet; thence South 89 degrees 47 minutes 40 seconds West 345.00 feet; thence along the North and South 1/4 line of Section 3, due North 65.20 feet to the point of beginning. Except the Westerly 30,00 feet taken for Hubbard Road. Sub- ject to easements of record. Parcel "B" Part of the NorthEast .1/4 of Section 3, T. 1 S,, R. 9 E., City of Livonia, Wayne County, Michigan. Described as beginning at a point on the North and South 1/4 line of Section 3, distant due South 891.20 feet from the North 1/4 corner of Section 3, T. 1 S., R. 9 E., and pro- ceeding thence North 89 degrees 47 minutes 40 seconds East 345.00 feet; thence due South 100.00 feet; thence South 89 degrees 47 minutes 40 seconds West 345.00 feet; thence along the North and South 1/4 line of Section 3, due North 100.00 feet to the point of beginning. Except the Westerly 30.00 feet taken for Hubbard Road. Subject to easements of record. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby requested to 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: Brown, Bennett, Bishop and Nash. NAYS: Raymond. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #71-74 RESOLVED, that having considered a communication from the Livonia Housing Commission dated January 3, 1974 and approved for submission by the Mayor with regard to an adjustment of the salary of the Director- Secretary to the Livonia Housing Commission to a rate in the amount of $14,888.00 per year, the Council does hereby determine to refer this matter to the Committee of the Whole for further consideration at a meeting to be conducted on Monday, February 25, 1974, at 7:00 P. M. 14193 By Councilman Raymond, seconded by Councilman Bennett, it was #72-74 RESOLVED, that having considered a communication from the Director of Finance dated January 7, 1974 and approved for submission by the Mayor, which transmits an invoice from the Southeast Michigan Council of Governments (SEMCOG) with regard to annual membership dues of the City of Livonia for the year 1974, the Council does hereby authorize the payment of the sum of $4,356.00 to SEMCOG for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incident- al to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, Bennett, Bishop and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, it was #73.74 RESOLVED, that having considered a communication from the Chief Inspector and the Director of Public Works dated December 13, 1973, approved for submission by the Mayor and submitted pursuant to Council resolution No. 664-73 with regard to a request submitted by Livonia Pavilion East, 29200 Vassar Avenue, Livonia, Michigan, for a refund of certain building permit fees in the amount of $3,042.00, the Council does hereby determine to concur in and approve the said refund and for this purpose appropriates and authorizes the expenditure of the sum of $3,042.00 from the Unexpended Fund Balance Account; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, Bennett, Bishop and Nash. NAYS: None. By Councilman. Brown, seconded by Councilman Bishop, it was #74-74 RESOLVED, that having considered a communication from the Division of Engineering dated December 31, 1973, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize and request the City Clerk to make application to the Detroit Edison Company, on forms provided by such Company, for the installation of street lights of suitable lumen strength in the following manner: (a) 3 lights at the bridge crossing the I-96 Freeway located west of Newburgh Road; and (b) 2 lights at the bridge crossing the I-96 Freeway located east of Newburgh Road; which are in the City of Livonia, Michigan, it being the determination of the Council that such lighting is required in order to protect the public safety of the residents of the community. 14194 A roll call vote was taken on the foregoing resolution with the following result: LAYES: Raymond, Brown, Bennett, Bishop and Nash. NAYS: None. By Councilman Bishop, seconded by Councilman Raymond, it was #75-74 RESOLVED, that having considered a communication from the Director of Public Works dated January 2, 1974, approved for submission by the Mayor, wherein it is recommended that sidewalks be installed on Lathers Avenue in front of the City-owned Botsford Parksite, the Council does hereby determine to authorize the Division of Engineering to include in the 1974 Sidewalk Program the installation of approximately 260 linear feet of sidewalk in front of the aforesaid parksite; and the Council does hereby authorize a sum not to exceed $4100.00 from the 9.8 Million Dollar Street and Road Improvement General Obligation Bond Issue for this purpose; 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: Raymond, Brown, Bennett, Bishop and Nash. NAYS: None. LBy Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #76-74 RESOLVED, that having considered the communication from the Plan- ning Department dated December 26, 1973 and before determining to improve the alley situated between Surrey and Stamford, north of Five Mile Road, with an appropriate paving material such as deep strength asphalt or such other material as may be recommended by the Engineering Division, 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 their 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 assess- ments may be paid and the lands which should be included in the proposed specialassessment district, pursuant to the provisions of Section 2-5C6 of the Livonia Code of Ordinances, as amended. By Councilman Bennett, seconded by Councilman Brown, and unanimously Ladopted, it was 1L.195 #77-74 RESOLVED, that having considered a communication from the Planning Department dated December 26, 1973 and approved for submission by the Mayor, submitted pursuant to Council resolution No. 710-73, the Council does hereby request that the Traffic Commission in accordance •frith Section 6-105 of the Livonia Code of Ordinances authorize the installation of one- way Traffic Direction Devices for the alleys situated between Surrey and Stamford, north of Five Mile Road and west of Farmington Road. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was #78-74 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated January 2, 1974, which bears the signature of the Director of Finance and is approved for submission by the Mayor and which submits a proposed amendment to the Livonia Code of Ordinances entitled "An Ordinance to Establish School Crossing Guards," the Council does hereby refer this matter to the Legi'- lative Committee for its report and recommendation. By Councilman Bishop, seconded by Councilman Brown, it was #79-74 RESOLVED, that having considered the report and recommendation dated January 7, 1974 from the Division of Engineering, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated December 12, 1973, the Council does hereby authorize Final Payment in the amount of $28,877.17 to Detroit Concrete Products Corporation, P. O. Box 344, 44300 Grand River, Novi, Michigan 48050, which sum includes the full and complete balance on a contract dated July 10, 1972 in the amount of $466,322.63 as adjusted for additional work performed by the aforesaid company, with the provision that the contractor first post $3,000.00 cash in escrow with the City Clerk in order to insure completion of minor items of work when weather permits, subject to release of this cash bond by the City Clerk when so notified and recommended by the Division of Engineering and the Director of Public Works, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor's affidavit, maintenance and guarantee have been filed; further, the Council authorizes the City Assessor and City Treasurer to revise Special Assessment District#97 No. 110, No. 113 and No. 114 on the basis of the actual costs and in accordance with the attached revised assessment schedules; further, the Council authorizes the transfer of the following amounts from the following accounts as payment for the City's participation in all work completed: Source Amount Motor Vehicle Highway Fund (Local Roads) $ 73,275.98 Motor Vehicle Highway Fund Bond Issue (Local Roads ) 18,664.24 $345,000.00 Revenue Bond Issue 23,116.36 4.4 Million Dollar Parks and Recreation Bond Issue 69,223.26 Golf Course Operating Fund 17,005.78 $201,285.62; 14196 L and further, the Cocncil does hereby authorize the transfer of the amount of $2,565.00 from a special escrow account to the Motor Vehicle Highway Fund Bond Issue for the reasons indicated; 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: Raymond, Brown, Bennett, Bishop and Nash. NAYS: None. By Councilman Bishop, seconded by Councilman Bennett, it was #80-74 RESOLVED, that having considered a communication from the Director. of Public Works dated January 11, 1974 and approved for submission by the Mayor with regard to an open drainage ditch which runs along the northerly boundary of the Country Homes Estates Subdivision No. 2 between Newburgh Road and east of Levan Road, the Council does hereby determine to amend Council resolution No. 425-73, adopted on May 30, 1973, which petitioned the Wayne County Drain Commission for a project known as Livonia Drain No. 41, so as to revise the description for the Livonia Drain No. 41 as follows: Beginning at a point located at approximately 900 feet east of the center of Section 17, T. 1 S., R. 9 E., City of Livonia, and extending westerly for a distance of approximately 6,800 feet to the I-96/275 Freeway right-of-way line, and also A branch beginning at a point located approxi- mately 40 feet west of the southeast corner of northeast quarter of Section 18, T. 1 S., R. 9 E., City of Livonia, and extending north- erly along Newburgh Road for a distance of approximately 2,700 feet to Six Mile Road; and the balance of Council resolution No. 425-73 to the extent necessary or applicable, is hereby incorporated by reference as if fully set forth. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, Bennett, Bishop and Nash. NAYS: None. The item on the agenda with respect to a request from Nick C. Hatjioannou to add space to his Class "C" establishment was removed and placed on file pending further information from the Planning Department with regard to a Site Plan. 14197 By Councilman Brown, seconded by Councilman Raymond, it was #81-74 RESOLVED, that with regard to the proposed designation of Manufacturers Bank of Livonia as the depository for Federal Revenue Shared Funds, the Council does hereby 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, Brown and Bishop. NAYS: Bennett and Nash. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Bennett, it was #82-74 RESOLVED, that having considered a communication from the Depart- ment of Law dated January 11, 1974 transmitting for Council acceptance a Grant of Easement executed on December 18, 1913 by Schoolcraft Realty Company, a Michigan partnership, by Wm. E. Kurtz, partner, granting: A parcel of land being part of Lot 11, Wolfe Gardens Sub'n. (Liber 68 of Plats, Page 87, W.C.R.) City of Livonia, Wayne County, Michigan, described as: Beginning at a point on the south line of Lot 11, Wolfe Gardens Sub'n. (L. 68, P. 87, W.C.R.), said point being S. 89° 52' 30" W. 60.0 ft. as measured along the south line of said Lot 11, from the southeast corner of Lot 11; thence continuing along the south line of Lot 11, S. 89 ° 52' 30" W. 50.0 ft.; thence North 12.0 ft.; thence S. 76° 37' 21" E., 51.39 ft. to the point of beginning. Containing 0.0069 ares of land more or less. (for the purpose of installing a sidewalk) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, Bennett, Bishop and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bishop, and unanimously adopted, it was 14198 #83-74 RESOLVED, that having considered the assessment roll prepared, reported and certified to the Council by the Assistant City Assessor under date of November 28, 1973, covering an assessment roll dated November 27, 1973, pursuant to the direction contained in Council resolution No.845-73, adopted on October 10, 1973, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, covering the proposed installation of street lights in the Gold Manor Estates Subdivision, the Council does hereby determine to take no further action with respect to the aforesaid Assessment Roll and does further determine to rescind Council resolution No. 845-73, heretofore adopted at a regular meeting held on October 10, 1973, it having been determined that the original public hearing on neces- sity was inadvertently defective in that a parcel of land potentially benefiting from such improvement was not included in the Special Assess- ment District; and further, the Council does hereby set Monday, March 11, 1974 at 8:00 P. M. as the date and time for a new 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, Michi- gan, pursuant to Section 2-507 of the Livonia Code of Ordinances, as amend- ed, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code; and further, the Council does hereby request the Division of Engineering to submit a revised assessment report relative to street lights in this subdivision, specifically deleting from the proposed Special Assessment District, Bureau of Taxation Parcel 09B2b2 and adding thereto Bureau of Taxation Parcel 09B3a together with any other information required pursuant to the provisions of Section 2-514 of the Livonia Code of Ordinances, as amended. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #84-74 RESOLVED, that the Division of Engineering having filed with the City Clerk a statement dated October 29, 1973 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 14, 1974, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of alley pavement in Westmore Subdivision in Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such im- provement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement dated October 29, 1973; 14199 (4) determine that the estimated cost of suchimprovement is $8,078.35; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $1,211.75 and that the balance of said cost and expense of said public improvement amounting to $6,866.60 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such im- provement may be paid in five (5) installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assess- ments shall be levied as follows: A special assessment district located in the S.W. 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as containing the following parcels: Lots 61a through 73a and 76a through 91 of Westmore Subdivision as recorded in Liber 48, Page 85 of Wayne County Records; (9) that the City Assessor is hereby directed to pre- pare a special assessment roll including all lots and parcels of land within the above district desginated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the deter- mination of the City Council; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who theregpn is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2.511 of the said Code. 14200 imw By Councilman Brown, seconded by Councilman Raymond, it was •#85-74 RESOLVED, that the Division of Engineering having filed with the City Clerk a statement dated November 21, 1973 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 14, 1974, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code; (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Nottingham Woods West No. 3 Subdivision in Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improve- ment by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) APPROVE THE PLANS and specifications for the im- provement as set forth in said statement dated November 21, 1973; (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 im- provement 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 138 through 147 both inclusive of proposed Nottingham Woods West No. 3 Subdivision, City of Livonia, Wayne County, Michigan, (7) direct the City Assessor to prepare a special assess- ment roll in accordance with the Council's deter- mination on said statement as prepared by the Division of Engineering dated November 21, 1973; and; 14201 (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, Brown, Bishop and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Bishop, seconded by Councilman Brown, it was #86-74 RESOLVED, that having considered a communication dated October 30, 1973 from the City Planning Commission which sets forth its resolution No. 10-252-73 with regard to Petition No. 73-7-1-30 submitted by the City Planning Commission on its own motion for a change of zoning on 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, and the Council having conducted a public hearing with regard to this matter on January 14, 1974, pursuant to Council resolution No. 949-73, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 73-7-1-30 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publica- tion 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, Brown and Bishop. NAYS: Bennett and Nash. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Bennett, and unanimously ac opted, it was #87-74 RESOLVED, that having considered the report and recommendation of. the Division of Engineering dated January 8, 1974, approved by the Director of Public Works and approved for submission by the Mayor, wherein the Engineering Division did ascertain the assessed valuation of all property affected by the proposed paving of Beatrice Avenue from Five Mile Road 14202 to Linda Avenue in Section 23, 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 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, and it appearing to the Council that all of such inforn+:tion, estimate, plans and specifica- tions and recommendations have been properly filed by the Division of Engineering with the City Clerk under date of January 8, 1974 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 here- by set Monday, March 11, 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 give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Bishop, seconded by Councilman Raymond, and unanimously adopted, it was #88-74 WHEREAS, pursuant to the direction of the City Council in its resolution No. 1002-73, adopted on December 12, 1973, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 15, 1974 an assessment roll dated January 11, 1974 covering the proposed installation of 400 watt, mercury vapor, ornamental street lighting with underground wiring on the Industrial Road, east of Merriman in the Northwest 1/4 of Section 26, City of Livonia; Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 1002-n; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on MONDAY, March 11, 1974 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, 14203 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 Llvonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid data of March 11, 1974; 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 ana addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #89-74 RESOLVED, that the Council having considered a communication dated December 21, 1973 from the Division of Engineering, approved by the Director of Public Works and approved for submission by the Mayor, wherein the Division of Engineering has ascertained the assessed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring in Schulgren Subdivision and Schulgren Subdivision No. 2 in Section 32, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with their 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 assess- ments 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 Division of Engineering with the City Clerk under date of December 21, 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, March 11, 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, Michi- gan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publi- cation of such hearing as is required by Section 2-507 of said Code. By Councilman Raymond, seconded by Councilman Bishop, and unanimously adopted, it was #90-74 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, March 11, 1974 at 8:00 P.M. at the Livonia City Hall, J3001 Five Mile Road, Livonia, Michigan, with respect to the following item: 1420+ Petition No. 73-10-1-33 submitted by Jerry J. Rozema for Funk Realty for a change of zoning of property located at the southwest corner of West Chicago and Houghton in the Southeast 1/4 of Section 31, from C-1 and R-1 to P,S. and P., the City Planning Commission having in its re- solution No. 11-288-73 recommended to the City Council that Petition No, 73-10-1-33 be approved; further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 73-10-3-8) 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 cors ideration at the next regular meeting of the Council. Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 73-4-3-2) 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 wordfor word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Raymond, seconded by Councilman Bennett, it was 14205 #91-74 RESOLVED, that having considered a communication from the City L Assessor dated January 17, 1.974, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine that the Board of Review shall convene for its First and Second Sessions in 1974 on the following dates: FIRST SESSION Tuesday March 5, 1974 9:3o a.m. - 12.30 p. m. 1:30 p. m. - 4:30 p. m. Wednesday March 6, 1974 9:3o a.m. - 12:30 p. m. 1:30 p. m. - 4:30 p. m. Thursday March 7, 1974 9:30 a.m. - 12:30 p. m. 1:30 p. m. - 4:30 p. m. Friday March 8, 1974 9:30 a.m. - 12:30 p. m. 1:30 p. m. - 4:30 p. m. SECOND SESSION: Monday March 11, 1974 9:30 a.m. - 12:30 p. m. 1:30 p.m. - 4:30 p. m. Tuesday March 12, 1974 2:00 p.m. - 9:00 p. m. Wednesday March 13, 1974 9:30 a.m. - 12:30 p. m. 1:30 p.m. - 4:30 p. m. Thursday March 14, 1974 9:30 a.m. - 12:30 p. m. 1:30 p.m. - 4:30 p. m. Saturday March 16, 1974 9:30 a.m. - 1:00 p. m. Tuesday March 19, 1974 2:00 p.m. - 9:00 p. m, Wednesday March 20, 1974 9:30 a.m. - 12:30 p. m. 1:30 p.m. - 4:30 p. m. Thursday March 21, 1974 9:30 a.m. - 12:30 p. m. 1:30 p.m. - 4:30 p. m. LFriday March 22, 1974 9:30 a.m. - 12:30 p. m. 1:30 p.m. - 4:30 p. m. Saturday March 23, 1974 9:30 a.m. - 1:00 p. m. Tuesday March 26, 1974 9:30 a.m. - 12:30 p. m. 1.:30 p.m. - 4:30 p. m. Wednesday March 27, 1974 9:30 a.m. - 12:30 p. m. 1:30 p.m. - 4:30 p. m. Thursday March 28, 1974 9:30 a.m. - 12:30 p. m. 1:30 p.m. - 4:30 p. m. Friday March 29, 1974 9:30 a.m. - 12:30 p. m. 1:30 p.m. - 4:30 p. m, Monday April 1, 1974 9:30 a.m. - 12:30 p. m. 1:30 p.m. - 4:30 p. m. further, the Council does hereby determine that the daily rate of compensa- tion to be paid to the members of the Board of Review shall be in the amount of $75.00 for the Chairman and $60.00 for other members; and the Council does hereby determine to appropriate the additional sum of $600.00 for this purpose and does, accordingly, authorize the transfer of the sum of $600.00 from Account No. 998-956 to Account No. 247-704. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, Bennett, Bishop and Nash. NAYS: None. The communication from the Police Division, dated January 18, 1974, with Lregard to a request for a SDM License mt 33201 Plymouth Road, was received and filed for the information of the Council. 14206 The President announced the appointment of the following Committees: Finance and Insurance Committee: Robert E. McCann, Chairman Peter A. Ventura Jerry Raymond Water Supply, Drainage, Sewage and Peter A. Ventura, Chairman Waste Disposal Study Committee: Robert R. Bishop Robert E. McCann Streets, Roads and Plats Committee: Jerry Raymond, Chairman Robert R. Bishop Robert D. Bennett School Board and City Council Robert R. Bishop, Chairman Joint Committee: Jerry H. Brown Jerry Raymond Capital Improvement Committee: Jerry H. Brown, Chairman Robert D. Bennett Robert E. McCann. Legislative Committee: Robert D. Bennett, Chairman Jerry H. Brown Peter A. Ventura By Councilman Raymond, seconded by Councilman Brown, and unanimously adopted, it was #92-74 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 Raymond, seconded by Councilman Brown, it was #93-74 RESOLVED, that having considered a communication dated January 24, 1974 from the City Planning Commission, which sets forth its resolution No. 1-21-74, adopted by the Commission on January 22, 1974 with regard to Petition No. 73-5-2-10, submitted by Ken Morris, Inc., requesting permis- sion to construct and operate a Bonanza Restaurant as a waiver use on property zoned C-2 located on the north side of Plymouth Road between Merriman and Melrose in the Southeast 1/4 of Section 27, the Council does hereby concur in the recommendation of. the Planning Commission and Peti- tion No. 73-5-2-10 is hereby approved, such approval to be based on the same condition as is set forth in the aforesaid recommendation of the Planning Commission. By Councilman Bennett, seconded by Councilman Bishop, it was RESOLVED, that having considered a communication dated January 24 1974 from the City Planning Commission, which sets forth its resolution 1.4207 No, 1-21.714, adopted by the Commission on January 22, 1974 with regard to Petition No. 73-5-2-10, submitted by Ken Morris, Inc., requesting permis- sion to construct and operate a Bonanza Restaurant as a waiver use on property zoned C-2 located on the north side of Plymouth Road between Merriman and Melrose in the Southeast 1/4 of Section 27, the Council does hereby determine to table this matter to the Study Session to be conducted on February 18, 1974, A roll call vote was taken on the motion to table with the following result: AYES: Bennett and Bishop. NAYS: Raymond, Brown and Nash. The President declared the motion to table DENIED. A roll call vote was taken on the original resolution with the following result: AYES: Raymond, Brown, Bishop and Nash. NAYS: Bennett, The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Bishop, it was RESOLVED, that the Council does hereby request and authorize the Mayor, the Council President, the Chairman of the Capital Improvement Committee, and the Director of Public Works to act in concert as a com- mittee for the purpose of conducting interviews with the architectural firms for services to be performed relative to proposed new offices and facilities in the Civic Center, and thereafter submit their report and recommendation. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #94-74 RESOLVED, that the Council does hereby determine to refer to the Committee of the Whole, the matter of conducting interviews with architec- tural firms for services to be performed relative to proposed new offices and facilities in the Civic Center. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, this 778th regular meeting of the Council of the City of Livonia was duly adjourned at 10:10 P. M., January 30, 1974. cAL,,,e 224c ADDISON i�,� ACO , City Clerk.