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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-12-20 13426 MINUTES OF THE SEVEN HUNDRED FIFTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 20, 1972, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:10 P. M.. Councilman McCann delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and *Robert D. Bennett. Absent--None. Elected and appointed officials present: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert Osborn, Director of Public Works; G. E. Siemert, City Engineer; John Nagy, City Planner; John Bunk, Acting Fire Chief; Dan Andrew, Planning Commission; and Michael Reiser of the Water and Sewer Board. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #1129-72 RESOLVED, that the minutes of the 749th regular meeting of the Council of the City of Livonia, held December 13, 1972, are hereby approved. The following resolution was unanimously introduced, supported and adopted: #1130-72 WHEREAS, November 19, 1972, marked the 75th anniversary of the birth of Wilson W. "Eddie" Edgar; and WHEREAS, he has done much to promote the cause of sports through- out this State both as a distinguished sports writer and able executive; and WHEREAS, he was one of the prime movers in the growth and development of St. Mary Hospital; and WHEREAS, he has made notable contributions to this community as a member of the Charter Commission of the City of Livonia and thereafter as Vice-President of the first City Council, NOW, THEREFORE, BE IT RESOLVED that the Mayor and the Council of the City of Livonia do hereby take this means to salute and congratulate W. W. Edgar, gentleman, historian, raconteur and do proclaim December 13, 1972, as EDDIE EDGAR DAY in the City of Livonia. By Councilman McCann, seconded by Councilman Milligan, it was 13427 #1131-72 RESOLVED, that having considered a communication from the Budget Director dated November 28, 1972, approved for submission by the Mayor, which transmits bids received for the sale by the City of certain printing equipment, the Council does hereby determine to reject all bids in that the same are too low as well as for the additional reasons set forth in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #1132-72 RESOLVED, that having considered a communication from the Budget Director dated November 28, 1972, approved for submission by the Mayor, with regard to the City's participation in the shared costs for the operation of the Livonia Community Youth Employment office, the Council does hereby determine to encumber as of and effective on November 30, 1972, the unexpended balance of $3,001.00 previously budgeted for this purpose. A roll cAll vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #1133-72 RESOLVED, that having considered a communication from the Water and Sewer Board dated November 13, 1972, approved for 6ubmission by the Mayor, which transmits its resolution No. WS 1748 10/72 to which is attached a communication dated October 16, 1972 from. the Water and Sewer Division of the City of Westland, wherein it is requested that the City of Livonia discontinue providing water and sewer service to premises located at the following addresses: 28949, 28955, 28957, 28959, 28975 and 2$985 Jpy Road, Westland, Michigan, The Council does hereby concur in the recommendation of the Water and Sewer Board and approves the discontinuation of the aforesaid Water and Sewer Service in the manner indicated.. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. 13428 By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #1134-72 RESOLVED, that having considered a communication dated December 5, 1972 from the Page & Cox Egg Company, the Council does hereby determine to reconsider the action taken in Council Resolution No. 1047-72, adopted on November 29, 1972, in connection with Petition 72-8-2-24. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #1135-72 RESOLVED, that having considered a communication dated October 27, 1972 from the City Planning Commission, which transmits its resolution No. 10-260-72 adopted by the Commission on October 17, 1972 with regard to Petition No. 72-8-2-24 submitted by Page and Cox requesting permission to construct a recreational vehicle sales and service center as a waiver use on property zoned C-2, located on the south side of Plymouth Road between Yale and Levan in the Northeast 1/4 of Section 32, the Council does hereby determine to refer this matter back to the City Planning Commission for further review and study and thereafter a new report and recommendation. *Councilman Bennett arrived at 8:23 p. m. By Councilman Brown, seconded by Councilman Bennett, it was #1136-72 RESOLVED, that having considered a communication from the City Planning Commission dated November 16, 1972 which transmits its resolution No. 10-282-72 submitted pursuant to Council resolution No. 782-72 concern- ing an offer to sell to the City by Mr. John Gallombardo of Lot No. 234 of Rosedale Gardens Subdivision No. 1, the Council does hereby determine to refer this matter to the Department of Law for the purpose of entering into negotiations with the aforesaid owner of the subject property and, thereafter, to submit its report and recommendation in this regard. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1137-72 RESOLVED, that the Council having adopted resolution No. 776-72 at its regular meeting held on August 30, 1972 requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed improvement of Perth Avenue in Section 19, 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 num- ber of parcels which are vacant, and having prepared and caused to be 13429 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 November 27, 1972 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, February 19, 1973 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 McCann, seconded by Councilman Milligan,and unanimously adopted, it was #1138-72 RESOLVED, that having considered a communication dated November 22, 1972 from the City Planning Commission, which transmits its resolution No. 11-296-72 adopted by the Commission on November 14, 1972 with regard to Petition No. 72-10-2-33 submitted by Edwin E. Meier for St. Aidan Church requesting permission to remodel present church sanctuary and add four meeting rooms and toilets to the building as a waiver use on property zoned R-3-C, located on the east side of Farmington Road, north of Six Mile Road in the Southwest 1/4 of Section 10, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-10-2-33 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #1139-72 RESOLVED, that the Council having adopted resolution No. 858-72 at its regular meeting held on September 27, 1972 requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed sanitary sewer extension on Henry Ruff Avenue between School- craft Road and Lyndon 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 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 13430 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 November 20, 1972 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, February 19, 1973 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. *Councilman Brown was excused at 8:26 p. m. By Councilman Bennett, seconded by Councilman Ventura, it was #1140-72 RESOLVED, that pursuant to a request dated December 5, 1972 from Rev. Joseph F. Ferens, Pastor of the St. Collette Church, 17600 Newburgh Road, the Council does authorize and request the City Clerk to make applica- tion to the Detroit Edison Company, on forms provided by such company, for the installation of a street light of suitable lumen strength to be installed at the intersection cf Newburgh Road with the ingress driveway to the aforesaid church Parking Lot in the City of Livonia, Michigan, it being the determination of the Council that such intersection requires lighting in order to protect the public safety of the residents of the community. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Ventura, Raymond, Milligan and Nash. NAYS: None. *Councilman Brown returned at 8:27 p. m. By Councilman McCann, seconded by Councilman Milligan, it was #1141-72 RESOLVED, that the preliminary plat of the proposed Parkview Estates Subdivision situated on the south side of Seven Mile Road, between Wayne Road and Parklane Drive, in the Northeast 1/4 of Section 8, City of Livonia, Wayne County, Michigan, having previously received the tentative approval of the City Planning Commission on June 6, 1972, by its resolu- tion No. 6-152-72, and having been approved in a report dated November 17, 1972 from the City Engineer, said report having appended thereon the signatures of the Director of Public Works and the Mayor, indicating that substantial compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commis- sion now having given final true plat approval on November 28, 1972 in its resolution No. 11-331-72; and further, the Council having considered a letter from the City Clerk dated December 11, 1972 pursuant to Section 9-126, Chapter 1 Title 9 of the Livonia Code of Ordinances, as amended, 13431 does hereby determine to grant its approval to the Final Plat of Parkview Estates Subdivision located in the Northeast 1/4 of Section 8, City of Livonia, Wayne County, Michigan, as submitted by I. C. Ager, Vice-President, Ager Building Company, 20715 Thorthome, Southfield, Michigan 48075, as proprietors, the proprietors thereof being required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, the ordinances of the City of Livonia, Mich- igan, and further the City Clerk shall do all things necessary for the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #1142-72 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 122 more particu- larly described in Council resolution No. 589-72 adopted on June 28, 1972, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied on the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed on the Industrial Road from Levan to Stark, Wayne Road and Glendale Avenue in Section 28, City of Livonia, Wayne County, Michigan in said Special Assessment District No. 122; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with 22 ornamental street lights with underground wiring and 22 lights installed on existing wood poles and that the assessments set forth in said Special Assessment District No. 122 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. 122 based on installation of 22 ornamental street lights with underground wiring and 22 lights installed on existing wood poles is hereby approved and confirmed in all respects pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result AYES. McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS None By Councilman McCann, seconded by Councilman Brown, it was 13432 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 3, 1972, approved by the Director of Public Works and approved for submission by the Mayor pro tem, and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed installation of ornamental street lighting with underground wiring on the Industrial Road, Westmore Avenue, and Glendale Avenue in Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on December 11, 1972 pursuant to Council resolution No. 966-72, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and after a careful consideration having been given to 811 such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the Special Assessment proceeding heretofore commenced for the proposed improvement. By Councilman Milligan, seconded by Councilman Ventura, it was #1143-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 3, 1972, approved by the Director of Public Works and approved for submission by the Mayor pro tem, and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed installation of ornamental street lighting with underground wiring on the Industrial Road, Westmore Avenue and Glendale Avenue in Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on December 11, 1972 pursuant to Council resolu- tion No. 966-72, after due notice as required by Title 2 Chapter 5 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observa- tions of individuals in attendance at such public hearing, the Council does hereby determine to table this matter pending receipt of further informa- tion from the City Engineer relative to such requests from affected property owners concerning this matter as may be on file with the City. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Milligan. NAYS: Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Brown, it was #1144-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 2, 1972 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 December 11, 1972, 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; 13433 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 Sub- division No. 2 located in the S. E. 1/4 of Section 8 and the S. W. 1/4 of Section 9, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assess- ment upon the property especially benefited in proportion to the benefits derived or to be derived; 3. approve the plans and specifications for the improve- ment as set forth in said statement dated October 3, 1972; 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 assessment shall be levied as follows: A special assessment district located in the S.E. i/4 of Section 8 and the S.W. 1/4 of Section 9, City of Livonia, Wayne County, Michigan, more particularly described as Lots 55 through 137 both inclusive or proposed Nottingham Woods West Subdivision No. 2 and Parcels 09D2a, 09D12e, 09D12d, 09D12c, 09D12b and 09D12a1. 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 City Engineer dated October 2, 1972 and; 8. that upon completion of said roll, the City Assessor shall attach thereto the certificate required br 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: McCann, Brown, Ventura, Raymond, Milligan and Nash. NAYS: Bennett. The President declared the resolution adopted. 13434 LBy Councilman McCann, seconded by Councilman Raymond, and unanimously adopted, it was 41145-72 RESOLVED, that having considered a communication dated September 13, 1972 from the City Planning CommicEion which sets forth its resolution No. 9-231-72 with regard to Petition No. 72-8-6-10 submitted by the City Planning Commission on its motion to determine whether or not to amend Ordinance No. 543, the Zoning Ordinance, Section 26.04 and Section 26.05 so as to clarify and increase the uses in an office district, and the Council having conducted a public hearing with regard to this matter on December 11, 1972 pursuant to Council resolution No. 969-72, the Council does hereby determine to refer this amtter to the Legislative Committee for its report and recommendation. By Councilman Raymond, seconded by Councilman Milligan, it was 41146-72 RESOLVED, that having considered a communication from the Depart- ment of Law, dated December 11, 1972, transmitting for acceptance a Grant of Easement wherein an easement is granted to the City for the purpose of installing a storm sewer along a portion of the Industrial Road, in connec- tion with the grade separation on Middlebelt Road, which Grant of Easement was executed on October 17, 1972 by the United States Steel and Carnegie L Pension Fund, Inc., a Pennsylvania Corporation, by its vice president and assistant secretary, and agreed to by The Kroger Company by its vice president, granting: That part of the N. E. 1/4 of Section 26, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, which is described as follows: Beginning at a point on the West right-of-way line of Middle Belt Road, as now established, distant N. 2° 00'00" W., 1292.15 feet and S. 88° 00' 00" w., 60.00 feet from the E. 1/4 corner of Section 26 and proceeding thence S. 88° 00' 00" W., 157 feet, thence N. 2° 00' 00" W., 25 feet; thence N. 88° 00' 00" E., 157 feet; thence S. 2° 00' 00" E., 25 feet to the point of beginning. 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 with 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; further, the City Clerk is hereby requested to forward the recording data to: O. R. Johnson, Real Estate Manager, Detroit-Toledo Division, The Kroger Company, 12701 Middlebelt Road, Livonia, Michigan 48150. LA roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. 13435 By Councilman Raymond, seconded by Councilman Milligan, it was #1147-72 RESOLVED, that having considered a communication dated December7, 1972 from the Department of Law, transmitting for acceptance a Grant of Easement executed on November 24, 1972 from John O'Brien and Rose O'Brien, his wife, and by the Robinson Furniture Company by its chairman, Harvey Leach, conveying to the City an easement for the purpose of installing and maintaining a storm and sanitary sewer, which easement is more particularly described as: The West 30 feet of the East 50 feet of the following described parcel of land: Part of the Northeast 1/4 of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as: Beginning at a point on the North line of the Livonia Industrial Road, said point being S. 1° 49' 08" E., 288' along the North & South 1/4 line of Section 29 and N. 88° 08' 21" E., 60.0 ' and N. 70° 46' 24" E., 33.50' and N. 88° 08' 21" E., 649.46' and N. 84° 46' 38" E., 285.34 and S. 1° 53' 52" E., 1082.83' from the North 1/4 corner of Section 29; thence along said North line N. 87° 28' 33" E., 300.02' and N. 84°33' 55" E., 165.81' ; thence N. 10 55' 06" w., 214.17' ; thence S. 88° 04' 54" W., 465.42' , thence S. 1° 53' 52" E., 227.51' to the point of beginning. (Part of Bureau of Taxation Parcels 29D1a and 29Ala, Clal) 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: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7-142 OF CHAPTER I (BUILDING CODES) OF ARTICLE 2, TITLE 7 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 13436 By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #1148-72 RESOLVED, that having considered a letter submitted in behalf of the proprietor of Parkview Estates Subdivision dated December 8, 1972 and before determining to install street lighting in Parkview Estates Subdivi- sion, in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improve- ment, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 2-514 of the Livonia Code of Ordinances, as amended. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 72-8-3-9) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 72-8-3-8) 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 consideration at the next regular meeting of the Council. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 72-8-3-10) 13437 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman McCann, seconded by Councilman Raymond, it was #1149-72 RESOLVED, that having considered a communication dated November 9, 1972 from the City Planning Commission which transmits its resolution No. 10-280-72 with regard to Petition No. 72-6-3-4 submitted by Rodney C. Kropf, Attorney for Chester Koppy for vacating property located between Clarita Avenue and Curtis Avenue, east of Loveland Avenue in the Northwest 1/4 of Section 10, City of Livonia, Wayne County, Michigan, the Council does hereby grant the said Petition and Petition No. 72-6-3-4 is hereby approved, subject, however, to a full width easement being retained on Mayfield Avenue for underground storm sewer purposes; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Brown, Raymond and Nash. NAYS: Bennett, Ventura and Milligan. The President declared the resolution adopted. Councilman Raymond gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 7 (RETIREMENT PLAN ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 2-742 THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO.RE: PET. 72-4-1-22 FOR CHANGE OF ZONING FROM RUF TO C-2. 13438 lbwA roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 32 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 NO. 72-6-1-34 FOR CHANGE OF ZONING FROM RUF TO P. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. 1. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #1150-72 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #1151-72 RESOLVED, that having considered the letter dated December 15, 1972 from Merri-Bowl Lanes, 30950 Five Mile Road, Livonia, Michigan 48154 requesting permission to serve alcoholic beverages in the concourse of the aforementioned bowling establishment for New Years Eve 1972, from 8:00 p. m. Sunday, December 31, 1972 until 4:00 a. m. Monday, January 1, 1973, the Council does hereby determine that there having been a good cause shown to suspend the restriction imposed in Section 4-401(g) of the Livonia Code of Ordinances, as amended, to hereby grant permission and authorization to Merri-Bowl Lanes for the purpose of serving alcoholic beverages on the Concourse Area for one night only commencing at 8.00 p. m. Sunday, December 31, 1972 and ending at 4:00 a.m. Monday, January 1, 1973; further, similar approval is hereby given to all registered licensed bowling establishments in the City of Livonia requesting same, subject to the approval of same by the Chief of Police. 13439 By Councilman Milligan, seconded by Councilman Raymond, it was #1152-72 WHEREAS, certain areas of the City of Livonia are subject to periodic flooding and/or mudslides from the Upper River Rouge, Bell Branch and Tarabusi Creek causing serious damages to residential properties within these areas; and WHEREAS, relief is available in the form of flood insurance as authorized by the National Flood Insurance Act of 1968 as amended; and WHEREAS, it is the intent of this Council to comply with land use and management criteria regulations as required in said act; and WHEREAS, it is also the intent of this Council to recognize and duly evaluate flood and/or mudslide hazards in all official actions relating to land use in the flood plain and/or mudslide areas having special flood and/or mudslide hazards; and WHEREAS, the Code Citations of any State enabling legislation and of any resulting county, city, town or village ordinance that author- izes this City to adopt land use and control measures are Act 208, Public Acts of Michigan, 1949, as amended; Section 1 of Chapter II and Sections 11 and 20 of Chapter IV of the Charter of the City of Livonia, NOW, THEREFORE, BE IT RESOLVED, that this Council hereby assures the Federal Insurance Administration that it takes the following legisla- tive action: (1) Appoints the Chief City Enginer with the responsibility, authority and means to: (a) Delineate or assist the Administrator, at his request, in delineating the limits of the areas having special flood and/or mudslide hazards on available local maps of sufficient scale to indentify the location of building sites. (b) Provide such information as the Administrator may request concerning present uses and occupancy of the flood plain and/ or mudslide area. (c) Maintain for public inspection and furnishing upon re- quest, with respect to each area having special flood hazards, information on elevations (in relation to mean sea level) of the lowest floors of all new or substantially improved structures; and (d) Cooperate with Federal, State and local agencies and private firms which undertake to study, survey, map, and identify flood plain or mudslide areas,and cooperate with neighboring communities with respect to management of adjoin- ing flood plain and/or mudslide areas in order to prevent aggravation of existing hazards. 13440 Lip (e) Submit on the anniversary date of the community's initial eligibility, an annual report to the Administrator on the progress made during the past year within the com- munity in the development and implementation of flood plain and/or mudslide area management measures. (2) Take such other official action as may be reasonable neces- sary to carry out the objectives of the program. BE IT FURTHER RESOLVED, that this Council hereby appoints the Chief Engineer with the overall responsibility, authority and means to implement all commitments made herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #1153-72 WHEREAS, the City of Livonia had adopted and is enforcing the 1970 BOCA Building Code and Zoning Ordinance No. 543 of the City of Livonia, as amended; and WHEREAS, Section 22.02 of Article XXII of the Zoning Ordinance No. 543 and Section 113.0 of the 1970 BOCA Building Code adopted by the City of Livonia prohibits any person, firm or corporation from erecting, constructing, enlarging, altering, repairing, improving, moving or demolishing any building or structure without first obtaining a separate building permit for each building or structure from the Chief Building Inspector; and WHEREAS, the Chief Building Inspector must examine all plans and specifications for the proposed construction when application is made for a building permit; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Livonia as follows: (1) That the Chief Building Inspector for the City of Livonia when reviewing applications for building permits, including the plans and specifications for the proposed construction, will review all building permit applications to determine if the proposed construction is consistent with the need to minimize flood damage. (2) That the Chief Building Inspector shall review all building L permit applications to determine if the site of the proposed construction is reasonably safe from flooding and to make recom- mendations for construction in all locations which have flood hazards. (3) That the Chief Building Inspector in reviewing all applica- tions for construction in flood hazard locations within the City shall require that any such proposed construction must: 13441 a. Be designed and anchored to prevent the flotation, collapse or lateral movement of the structure or portions of the structure due to flooding. b. Use of construction materials and utility equipment that are resistant to flood damage. c. Use of construction methods and practices that will minimize flood damage. d. Provide adequate drainage in order to reduce exposure to flood hazards. e. Locate public utilities and facilities on the site in such a manner as to be elevated and constructed to minimize or eliminate flood damage, such utilities and facilities including sewer, gas, electrical and water systems. 4. It is further resolved that the Chief Building Inspector in reviewing all subdivision applications shall make findings of fact and determine if: a. All such proposed developments are consistent with the need to minimize flood damage. b. Adequate drainage is provided so as to reduce exposure to flood hazards. c. Adequate drainage is provided so as not to increase the exposure to flood hazards of adjacent lands. d. All public utilities and facilities are located, elevated and constructed so as to minimize or eliminate flood damage, these utilities and facilities to include sewer gas, electrical and water systems. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman McCann, it was 13442 Imo #1154-72 WHEREAS, it is necessary to locate, establish, construct and enclose a County drain, said drain to be known as Livonia Drain No. 39 and Branches, within the drainage district of an existing County Drain, known as the Branch of Bell Drain, to be located entirely within the limits of the City of Livonia, the location of said drain and branches being as follows: An enclosed extension beginning at the existing open drain, approximately 160 feet north of the north line of Sunnydale Avenue and approximately 120 feet east of the east line of Foch Avenue; and proceeding thence southwesterly 170 feet to a point along Foch Avenue being approximately 60 feet north of Sunnydale; thence northerly along Foch Avenue and northeasterly along Terrence Drive to a point of intersection with the extended northwest property line of Lot 207, of Park Woods Subdivision, of N. E. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; thence southwesterly along the northwest property line of said Lot 207, to a point on the east and west 1/4 line of Section 13; thence westerly along said east and west 1/4 line approximately 700 feet to a point on Oak Drive. Branch No. 1 An enclosed branch starting at the proposed enclosed extension crossing Terrence Drive north of said Lot 207; and proceeding thence northwesterly along Terrence Drive approximately 350 feet. Branch No. 2 Also an enclosed branch starting at the proposed enclosed extension at the north .end of Oak Drive; and proceeding thence southerly along said Oak Drive approximately 1,280 feet. Branch No, 3 Also an exclosed branch starting at the proposed enclosed extension at the north end of Deering Road; and proceeding thenL.e southerly along said Deering Road approximately 580 feet to point A; thence westerly approximately 270 feet from said point A, also southerly along said Deering Road approximately 1,060 feet from said point A to point B; thence westerly approximately 270 feet from said point B; also southerly along said Deering Road approximately 700 feet from said point B, thence westerly approxi- mately 580 feet to Oak Drive. Branch No. 4 Also an enclosed branch starting at the proposed enclosed exten- sion along Foch Avenue being approximately 60 feet north of Sunnydale Avenue; proceeding thence southerly along said Foch Avenue approximately 1,270 feet. Branch No. 5 Also an enclosed branch starting at the proposed enclosed branch crossing Sunnydale Avenue and Foch Avenue intersection, proceeding thence easterly along said Sunnydale Avenue to Green Lane Avenue; thence southerly along said Green Lane Avenue approximately 900 feet. 13443 law Branch No. 6 Also an enclosed branch starting at the existing storm drain being approximately 320 feet north of the south line of Section 13; and approximately 190 feet west of the east line of Section 13; proceeding thence westerly approximately 240 feet to Green Lane Avenue; thence northerly approximately 130 feet along said Green Lane Avenue. AND WHEREAS, in the opinion of the City Council, the location, establishing, constructing and enclosing of said drain and branches is necessary for the public health of the City of Livonia, and the entire cost thereof, except that part representing benefits to State and County high- ways, should be assessed against the City of Livonia 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 financ- ing the cost of said drain and branches where the same is 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; AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1965, as amended, provides as follows: "Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corpora- tion only". NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent, to the making of the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing, constructing and enclosing of the drain and branches set forth in the preamble hereof, and does hereby consent to the location, establishing, constructing and enclosing of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed drain and branches 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 enclosing 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. 13444 A roll call vote was taken on the foregoing resolution with the following result: 16* AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #1155-72 RESOLVED, that the Council having considered a report dated December 18, 1972, from the City Engineer recommending the permanent improvement of Deering Avenue from Five Mile Road to Puritan Avenue in the S. E. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, said report giving 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 vacant, preliminary plans and specifications of the proposed improvement and an estimate for the cost thereof, a recom- mendation as to what portion of the cost should be paid by special assess- ment and what portion, 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 and that there has been a full compliance with all of the provisions of Section 2-5C6 of the Livonia Code of Ordi- nances, as amended, the Council does hereby set Monday, February 5, 1973 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 Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #1156-72 RESOLVED, that the Council having considered a report dated December 19, 1972 from the City Engineer recommending the permanent improvement of Deering Avenue from North of Vassar Avenue to Pembroke Avenue in the S. E. 1/4 of Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, said report giving 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 vacant, a preliminary plan and specifica- tion of the proposed improvement and an estimate for the cost thereof, a recommendation as to what portion of the cost should be paid by special assessment and what portion, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the 13445 lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plan and specification and recommendations have been properly filed by the City Engineer with the City Clerk and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordi- nances, as amended, the Council does hereby set Monday, February 5, 1973 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 Ventura, seconded by Councilman Milligan, it was #1157-72 RESOLVED, that having considered a communication from the City Engineer dated December 13, 1972, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the widening of Middlebelt Road to seven (7) lanes, south of Schoolcraft Road to the north limits of the proposed C & 0 grade separation project, and the agreement authorizing the said Middlebelt Road widening, previously authorized in council resolution #623-72 adopted on July 12, 1972, the Council does hereby determine to amend and revise Council Resolution No. 623-72 so as to authorize an advance in the amount of $82,800.00 to cover the cost of the City's estimated share in this project in lieu of the amount of $72,000.00 previously authorized, the same to be expended in the manner hereinbefore provided in Council Resolution No. 623-72; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to implement the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, this 750th regular meeting of the Council of the City of Livonia, was duly adjourned at 9:05 P. M., December 20, 1972. ADDISON 'd. BAS , Clerk.