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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-12-13 13397 LMINUTES OF THE SEVEN HUNDRED FORTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 13, 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 8:05 P. M.. Councilman Milligan delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert Turner, Police Chief; James Miller, Personnel Director; John Nagy, City Planner; Frank Kerby, Chief Building Inspector; Stanley Bien, Chief Librarian; G. E. Siemert, City Engineer; Robert Osborn, Director of Public Works; H. G. Shane, Planning Department; Jack Dodge, Budget Director; Ronald Mardiros, City Assessor; Richard Jones, Superintendent of Operations Division; and Joseph Talbot of the City Planning Cormission. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1078-72 RESOLVED, that the minutes of the 748th regular meeting of the Council of the City of Livonia, held November 29, 1972, are hereby approved. By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, it was #1079-72 RESOLVED, that the minutes of the 146th special meeting of the Council of the City of Livonia, held on December 4, 1972, are hereby approved. By Councilman Milligan, seconded by Councilman Raymond, and unanimously Ladopted, it was #1080-72 RESOLVED, that the minutes of the 147th special meeting of the Council of the City of Livonia, held December 4, 1972, are hereby approved. 13398 LBy Councilman Ventura, seconded by Councilman Bennett, it was #1081-72 RESOLVED, that having considered the communication from the Office of the United States Secretary of the Treasury, received on December 11, 1972, which transmitted a check in the amount of $420,013.00 as General Revenue Sharing funds for the City of Livonia for the entitlement period from January 1, 1972 through June 30, 1972, the Council does hereby acknowledge receipt of the same and requests the deposit of these funds in the Special Trust Fund to be established for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY AMENDING SECTION 28.04 OF ARTICLE XXVIII THEREOF. (PET. 72-1-6-4) L A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 31 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOi1N AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 72-5-1-29 FOR CHANGE OF ZONING FROM C-1 TO R-1. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 13399 Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 5143, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY AMENDING SECTIONS 27.05 AND 27.06 OF ARTICLE XXVII AND SECTIONS 29.04 and 29.05 OF ARTICLE XXIX THEREOF. RE: PETITION 72-2-6-5 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY AMENDING SECTIONS 10.08, 10.09, AND 10.10 OF ARTICLE X AND SECTIONS 11.09, 11.10 AND 11.11 OF CHAPTER XI THEREOF. RE: PETITION 72-1-6-3 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Raymond, seconded by Councilman Ventura, it was 1082-72 RESOLVED, that having considered a communication dated November 24, 1972 from Joseph Bargagna wherein a request is made for a name change from Joseph Bargagna, 28277 Plymouth Road, Livonia, Michigan, to Papa Joe's of Livonia, a Michigan corporation, in connection with a prior ap- proval on an application for a Class C License, the Council does hereby determine to amend Council Resolution No. 165-72, adopted on February 16, 1972, so as to indicate its approval for a Class C Liquor License "above all others" for Papa Joe's of Livonia, a Michigan Corporation, in lieu of Joseph Bargagna; further, that all terms and conditions as set forth in Council resolution No. 165-72 shall remain in full force and effect as if fully set forth herein, and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. 13400 A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Brown, and unanimously adopted, it was #1083-72 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, January 22, 1973 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition No. 72-10-1-45 submitted by Hyman Gold for a change of zoning of property located on the west side of Gill Road, south of Seven Mile Road, in the Northwest 1/4 of Section 9, from RUFB to R-3, the City Planning Commission having in its resolution No. 11-291-72 recommended to the City Council that Petition No. 72-10-1-45 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 to 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 or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman McCann, it was #1084-72 RESOLVED, that having considered a communication from the Chief of Police, the Director of Public Safety-Police, and the Budget Director dated November 15, 1972, approved for submission by the Mayor, the Council does hereby accept the bid of B. J. Ratigan Chrysler-Plymouth, Incorporated, 30777 Plymouth Road, Livonia, Michigan, for supplying the City with two Police Vehicles, Model Satellite RK41, each for the price of $3,367.00, the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. 13401 By Councilman Milligan, seconded by Councilman McCann, it was #1085-72 RESOLVED, that having considered a communication from the Chief of Police, the Director of Public Safety-Police and the Budget Director dated November 16, 1972, approved for submission by the Mayor, the Council does hereby accept the bid of Motorola, Incorporated, 25901 West Ten Mile Road, Southfield, Michigan, for supplying the City with two Mobile Radios each for the price of $929.00 and a total of $1,858.00, the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and. Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #1086-72 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated November 9, 1972, approved for submission by the Mayor, the Council does hereby accept the bids of Diamond Crystal Salt Company, 916 S. Riverside, St. Clair, Michigan 48079, and International Salt Company, Clarks Summit, Pennsylvania 18411, for supplying the City with Hyway Rock Salt Noa_MSHD specifications for the period from December 1, 1972 through June 30, 1973, for the price of $8.73 per ton and based upon the stipula- tion that the City will purchase such salt from whichever of the two sup- pliers can supply the salt in the most reasonable length of time when required, and the action taken herein being based upon the fact that the aforesaid bids were low and equal bids. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #1087-72 RESOLVED, that having considered a communication from the City Engineer dated November 16, 1972, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a copy of a communication dated November 13, 1972 from the Director of Transportation Programs for the Board of Wayne County Road. Commissioners, with regard to a TOPICS Project proposed for the widening of Eight Mile Road at Newburgh Road, the overall estimated cost of which is $100,000.00 and with respect to which it is proposed that the City of Livonia participate to the extent of 40% of the cost of the share to be provided by Wayne County, which cost is estimated to be in the amount of $15,200.00, the Council does hereby determine that the City of Livonia will participate in this project and for this purpose does hereby authorize the Mayor and City Clerk to execute an Agreement for the Project in behalf of the City of Livonia at such time as the contract has been received from the Wayne County Road Commission; 13402 and further, the Council does hereby appropriate and authorize an expendi- ture not to exceed $15,200.00 from the City's Motor Vehicle Highway Fund (Major Road Account) 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, and the said Clerk is requested to transmit a copy of this resolution to the said Board. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #1088-72 RESOLVED, that having considered a communication from the City Engineer dated November 13, 1972, approved by the Superintendent of Parks and Recreation and the Director of Public Works, and approved for submission by the Mayor, with regard to the relocation of four existing light poles at the Ford Field parking lot in connection with the installation of asphalt paving at the same, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $480.00 from the 4.4 Million Dollar Parks and Recreation General Obligation Bond Issue for the purpose of making pay- ment to the Detroit Edison Company for the costs involved in performing the said relocation of these lighting poles; 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #1089-72 RESOLVED, that having considered a communication from the City Engineer dated November 13, 1972, 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 three 400 Watt Mercury Vapor Lights on wood poles with overhead wiring at the Department of Public Works Materials Storage Yard located within the City's Sanitary Landfill Site essentially in accordance with the diagram attached to the aforesaid communication, it being the determination of the Council that this installation of lighting is necessary and in the public interest. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. 13403 By Councilman Bennett, seconded by Councilman Brown, it was #1090-72 RESOLVED, that having considered a communication from the City Planning Commission dated November 15, 1972 which transmits its resolution No. 11-305-72 adopted on November 14, 1972, wherein a request is made for certain additional funds, the Council does hereby authorize the transfer of the sum of $14,610.80 from the Unexpended Fund Balance Account to the following Accounts in the following amounts and for the items indicated: Account Number 805-7C6 Planning Technician $ 9,110.80 805-970 Staff Automobile 1,000.00 805-716 Recodification of Zoning Ordinance 4,500.00 $14,610.80. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #1091-72 RESOLVED, that the Council does hereby determine to appropriate and authorize a sum not to exceed $10,000.00 from the Unexpended Fund Balance Account in order to provide carpeting in the general service area of the Carl Sandburg Library; and the Budget Director and Chief Librarian are hereby requested to do all things necessary or incidental in order to obtain competitive bids in accordance with provisions of law for submission to Council with respect to this item. By Councilman McCann, seconded by Councilman Milligan, it was RESOLVED, that the foregoing resolution be amended so as to authorize the moneys to be expended for carpeting from Revenue Sharing moneys. A roll call vote was taken on the amendment with the following result: AYES: Milligan, McCann and Brown. NAYS: Bennett, Ventura, Raymond and Nash. The President declared the amendment DENIED. A roll call vote was taken on the original resolution with the following result: AYES: Milligan, Bennett, Ventura, Raymond and Nash. NAYS: *McCann and *Brown. The President declared the resolution adopted. 13401+ *Councilman McCann and Councilman Brown made the following statement: Our 'nay' votes are cast, not against carpeting of the Library, but rather because we feel that the money should be expended from Revenue Sharing receipts. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #1092-72 RESOLVED, that having considered a communication from the Personnel Director dated November 10, 1972, approved by the Budget Director and the President of Union Local 192 and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on November 6, 1972, wherein it is recommended that the classifications of Park Maintenance Man I and Park Maintenance Man II and Gardener II and Gardener I be established and certain positions in the Parks and Forestry Division be reclassified, the Council does hereby determine to refer this matter to the Committee of the Whole for its consideration at a meeting to be conducted on January 10, 1973 at 7:00 P. M. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was L #1093-72 RESOLVED, that having considered a communication from the Personnel Director dated November 10, 1972, approved by the Budget Director and the President of Union Local 192 and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on October 17, 1972, wherein it is recommended that the classification of Tire, Accessories and Battery Man be established and that the classification of Equipment Service Man be aboliished and replaced with a classification of Apprentice Mechanic, and further to establish a system of promotions in the Equipment Mechanic Series in the Operations Division, the Council does hereby determine to refer this matter to the Committee of the Whole for its consideration at a meeting to be conducted on January 10, 1973 at 7:00 P. M. By Councilman Bennett, seconded by Councilman Ventura, it was #1094-72 RESOLVED, that having considered a communication from the Personnel Director dated November 10, 1972,approved by the Budget Director and the President of Union Local 192 and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commisssion on October 17, 1972, wherein it is recommended that the classifications of Construction Worker I and Construction Worker II be established with the following pay rates: Construction Worker II Step 1 Step 1 142 Step 2 L Annual $10,732.80 $10,940. 0 $11,148.80 Bi-weekly 412.80 420.80 428.8oHourly 5.16 5.26 5.36 13405 Construction Worker I Step 1 Step 1 1/2 Step 2 Annual 59,526.40 $9,734.40 79742.40 Bi-Weekly 366.40 374.40 382.40 Hourly 4.58 4.68 4.78, and that two positions of Concrete Repair Man in the Sewer Repair Crew be reclassified as Construction Worker II and two positions of Laborer be reclassified as Construction Worker I and that such appointments be made ' on the basis of promotional examination, the Council does hereby determine to approve of and concur in such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #1095-72 RESOLVED, that having considered a communication dated November 28, 1972 from the City Planning Commission which transmits its resolution No. 11-299-72 with regard to Petition No. 72-9-3-12 submitted by J. L. Mooney for vacating two public alleys located north of Curtis Road between Westmore and Shadyside and Loveland 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. 72-9-3-12 is hereby approved; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #1096-72 RESOLVED,that having considered a communication dated November 28, 1972 from the City Planning Commission, which transmits its resolution No. 11-292-72 adopted by the Commission on November 14, 1972 with regard to Petition No. 72-10-2-32 submitted by Rodney C. Kropf, Attorney, for Rocco and Adelia Corsi requesting permission to expand the existing restaurant located on the north side of Seven Nile Road between Inkster and. Parkville Roads in the Southeast 1/4 of Section 1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-10-2-32 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 McCann, seconded byCouncilman Raymond, it was #1097-72 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated November 17, 1972, approved by the Budget Director and approved for submission by the Mayor, with respect to the use 13406 of the Devon-Aire Rink by the Red Wing Oldtimers to conduct a hockey school for youngsters, commencing August 6, 1973 and terminating September 1, 1973, the hours of operation of which would be as follows: Mondays thru Fridays 8:00 a. m. - 8:30 p. m. Saturdays 8.00 a. m. - 2:00 p. m. and the rental rate of which would be $1,500.00 per week (for a total of $6,000.00) and such agreement to be based on the use of such facility by the Parks and Recreation Department after 8:30 p. m. during the week and after 2:00 p. m. on Saturdays and all day on Sundays for general skating and ice rental, the Council does hereby approve of the use of the Devon-Aire Ice Rink for this purpose; and does further authorize the Mayor and City Clerk to execute a Lease Agreement to be prepared by the Department of Law between the City and the Red Wing Hockey School personnel for this purpose, suoh agreement to be in proper legal form and to contain the provisions and conditions which are set forth herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #1098-72 RESOLVED, that having considered a communication from the Mayor dated November 22, 1972 wherein it is recommended that the City give favorable consideration to the acquisition of 5.7 acres of vacant property located in Section 18 and adjacent to the Blue Grass Farms Subdivision for recreational purposes, the Council does hereby determine to authorize the Department of Law to employ an expert real estate appraiser in order to ascertain the fair market value of such property and for this purpose authorizes the expenditure of a sum not to exceed $200.00 from the 4.4 Million Dollar Parks and Recreational General Obligation Bond Issue; and the Department of Law is hereby requested upon obtaining the said appraisal to thereafter enter into negotiations with the property owner of said property and then submit a report and recommendation to Council; and the City Clerk and City Treasurer are hereby requested to do all things neces- sary or incidental to fulfill the purpose of this resolution. A. roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #1099-72 RESOLVED, that having considered a communication from the Director of Public Works and the Mayor dated November 22, 1972, with regard to the house and barn located on City-owned property on St. Martins in Section 2, immediately east of the McNamara Towers Senior Citizens Housing Project, the Council does hereby determine that it would be in the public interest to demolish the said structures and for this purpose requests and authorizes the Department of Public Works to do all things necessary in order to demolish and remove these structures. 13,07 A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was 41100-72 RESOLVED, that having considered a communication from the Chief of Police dated November 27, 1972 and submitted pursuant to Council resolu- tion No. 1032-72, wherein certain recommendations are made concerning the following items: 1. Installation of a three way stop sign at intersection Lyndon and Hix. 2. Installation of signs on Hix, north of Schoolcraft, to read, "Slow, Children Crossing". 3. Traffic conditions in area of Castle Gardens Subdivision. 4. Opening and closing hours of the park in Castle Gardens at the corner of Hix and Lyndon, the Council does hereby determine and request that the Mayor do all things necessary to implement the recommendations submitted by the Chief of Police concerning items 1, 3 and 4, but that with respect to Item 2, that the Department of Public Works prepare and provide the "Slow, Children Playing" sign at City expense, the same to be installed on Hix, north of Schoolcraft. A. roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. *Councilman Raymond was excused at 8:45 P. M. By Councilman Milligan, seconded by Councilman McCann, it was #1101-72 RESOLVED, that having considered a communication from the City Engineer dated November 17, 1972, approved by the Director of Public Works and approved for submission by the Mayor, concerning a $1,000.00 cash bond deposited by Mr. Thurman W. Autry in order to defray the cost of an interim gravel roadway along Autry Avenue by the Operations Division until such time as Autry Avenue had been improved with concrete pavement, the Council does hereby determine to authorize the reimbursement to Mr. Autry of the unused portion of the aforesaid Cash Bond upon certification being made by the City Engineer to the City Clerk in this regard; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 13408 *Councilman Raymond returned at 8:46 P. M. Councilman Raymond gave first 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. The foregoing Ordinate, 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 Milligan, seconded by Councilman Ventura, it was #1102-72 RESOLVED, that having considered a communication from the Depart- ment of Law, dated November 27, 1972 and in response to CR-935-72 in connection with the question of the City of Livonia submitting an applica- tion to the State of Michigan to act as exclusive Lottery Agent within the City, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown and Ventura. NAYS: Raymond and Nash. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from Ervin Ka Thomsen, Pastor, Livonia Seventh-Day Adventist Church dated December 1, 1972, the Council does hereby deny permission to the Seventh-Day Adventist Church to use a Sound Truck in the City of Livonia on Saturday, December 23, 1972 and Sunday, December 24, 1972, between the hours of 5:00 P. M. and 8:00 P. M. in connection with the 69th Annual World Service Appeal. By Councilman Ventura, seconded by Councilman Bennett, it was #1103-72 RESOLVED, that having considered a communication from Ervin K. Thomsen, Pastor, Livonia Seventh-Day Adventist Church dated December 1, 1972 requesting permission to use a sound truck in the City on December 23rd and December 24th, the Council does hereby determine to table this matter pending a report from the Department of Law as to the application of the decision rendered in Civil Action No. 72 220470 CZ (Republican Party of Livonia vs City of Livonia) concerning this matter. LA roll call vote was taken on the foregoing resolution with the following result:134og AYES: McCann, Bennett, Ventura and Nash. NAYS: Milligan, Brown and Raymond. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #1104-72 RESOLVED, that having considered a communication dated August 29, 1972 from the City Planning Commission which sets forth its resolution No. 8-219-72 with regard to Petition No. 72-5-1-31, submitted by James M. Carell for a change of zoning on property located on the east side of Purlingbrook south of Eight Mile Road in the Northeast 1/4 of Section 2, from R-1 to R-6, and the Council having conducted a public hearing with regard to this matter on November 27, 1972, pursuant to Council resolution No. 916-72, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 72-5-1-31 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #1105-72 RESOLVED, that with regard to the property which was the subject of Petition 72-5-1-31, and by separate action the surrounding property as well, the Council does hereby request the City Planning Commission give further study to this matter and thereafter submit its report and recommenda- tion. By Councilman Milligan, seconded by Councilman Ventura, it was #1106-72 RESOLVED, that having considered a communication dated September 13, 1972 from the City Planning Commission which sets forth its resolution No. 9-228-72 with regard to Petition No. 72-7-1-38, submitted by Kenneth Ar Neal, Attorney, for E. David Auer for a change of zoning on property located at the southeast corner of Wayne Road and Ann Arbor Trail in the Southwest i/4 of Section 33, from RUF and C-1 to R-7, and the Council having conducted a public hearing with regard to this matter on November 27, 1972, pursuant to Council resolution No. 916-72, the Council does hereby determine to refer this matter to the Committee of the Whole as well as to defer action until such time as a decision has been rendered by the Michigan Supreme Court in the case of Korash, et al, v. City of Livonia, et al, Supreme Court No.53974+. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Bennett, Brown, Ventura and Raymond. NAYS: McCann and *Nash. The President declared the resolution adopted. 13410 *Councilman Nash made the following statement: My 'no' vote is cast, not because I do not want this item referred to the Committee of the Whole, but because I am opposed to R-7 zoning at this location. By Councilman Ventura, seconded by Councilman Raymond, it was #1107-72 RESOLVED, that having considered a communication dated September 13, 1972 from the City Planning Commission which sets forth its resolution No. 9-229-72 with regard to Petition No. 72-7-1-39 submitted by Avern Cohn for a change of zoning on property located on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28, from RUF and C-2 to C-1, and the Council having conducted a public hearing with regard to this matter on November 27, 1972, pursuant to Council resolution No. 916-72, the Council does hereby concur with the recommenda- tion of the Planning Commission and the said Petition No. 72-7-1-39 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #1108-72 RESOLVED, that having considered a communication dated October 6, 1972 from the City Planning Commission which sets forth its resolution No. 9-236-72 with regard to Petition No. 72-8-1-40 submitted by Patrick Duggan, Attorney for Dale Investment Company, Inc., for a change of zoning on property located on the southeast corner of Middlebelt and Clarita in the Northwest 1/4 of Section 12, from RUF to C-2; and as revised to C-1, and the Council having conducted a public hearing with regard to this matter on November 27, 1972, pursuant to Council resolution No. 929-72, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 72-8-1-40 is hereby approved and granted, as revised from C-2 to C-1; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, Brown, Ventura, Raymond and Nash. NAYS: McCann and Bennett. The President declared the resolution adopted. 13411 By Councilman Milligan, seconded by Councilman Brown, and unanimously adopted, it was #1109-72 WHEREAS, pursuant to the direction of the City Council in its resolution No. 975-72 adopted on October 25, 1972, and in accordance with Section 2-511 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of December 4, 1972 an assessment roll dated November 27, 1972 covering the proposed street improvement of Bretton Road (Middlebelt to Purlingbrook) in Section 2, 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.975-72; 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 publicexamina- tion and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, February 5, 1973 at 8:00 P. M. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City; at least ten (10) days prior to the aforesaid date of February 5, 197 ; the City Clerk is also directed to give notice of said public hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #1110-72 WHEREAS, pursuant to the direction of the City Council in its resolution No. 974-72 adopted on October 25, 1972, and in accordance with Section 2-511 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of December 4, 1972 an assessment roll dated November 30, 1972 covering the proposed street improvement of Cardwell Avenue in Section 36, containing the special assessments to be assessed and levied, respective- ly, 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. 974-72, 13412 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, January 22, 1973 at 8:00 P. M. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of January 22, 1973; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assess- ment roll in the City Assessor's office. By Councilman Brown, seconded by Councilman McCann, it was #1111-72 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 118 for the proposed road improvement of Bennett Avenue, west of Merriman Road in Section 10, in the City of Livonia, Wayne County, Michigan, as required by the pro- visions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, November 27, 1972 at 8:00 P. M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of road improvements to be constructed in Special Assessment District No. 118; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments: NOW, THEREFORE, BE IT RESOLVED, THAT: 1. The City Council does hereby determine that the assess- ments set forth in said Special Assessment Roll dated August 31, 1972, in the amount of $9,654.92 are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; 2. Said Special Assessment Roll No. 118 is hereby approved and confirmed in all respects, 13413 3, The amount of said roll shall be divided into ten (10) equal annual installments with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1973. In such cases where the install- ments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1973 and subsequent install- ments on December 1st of succeeding years; 4. 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 assess- ment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assess- ment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty days (60) from December 1, 1973 pay the whole or any part of the assessment without interest or penalty, 5. The first installment shall be spread upon the 1973 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1973 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner pro- vided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid in- stallments. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #1112-72 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 119 for the proposed road improvement of Bobrich Avenue, west of Merriman Road, in Section 10, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia 13414 Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, November 27, 1972 at 8:00 P. M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of road improvements to be constructed in Special Assessment District No. 119; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, THAT: 1. The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated August 31, 1972, in the amount of $9,964.29 are fair and equitable and based upon benefits to be derived by construction of improve- ments proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; 2. Said Special Assessment Roll No. 119 is hereby approved and confirmed in all respects; 3. The amount of said roll shall be divided into ten (10) equal annual installments with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1973. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and pay- able December 1, 1973 and subsequent installments on December 1st of succeeding years, 4. 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 said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1973 pay the whole or any part of the assessment without interest or penalty; 13415 5. The first installment shall be spread upon the 1973 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1973 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annna1 installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments. A roll call vote was taken on the foregoing resolution with the following result• AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #1113-72 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 120 more particularly described in Council resolution No. 206-72, adopted on March 1, 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 in 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 Deering Avenue in said Special Assessment District No. 120; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed using existing wood poles on Deering Avenue, north of Joy Road, City of Livonia, Michigan, and that the assessments set forth in said Special Assessment District No. 120 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. 120 based on the installation of using 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; and further, the Council does hereby rescind Council Resolution No. 879-71, adopted on September 22, 1971. 13416 A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #1114-72 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 121 for the proposed installation of the Inkster Road Water Main Extension in the East 1/2 of Section 25, City of Livonia, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, November 27, 1972 at 8:00 P. M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of the water main extension improvements to be constructed in Special Assessment District No. 121; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, NOW, THEREFORE, BE IT RESOLVED, THAT: 1. The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated August 28, 1972, in the amount of $60,800.00 are fair and equitable and based upon benefits to be derived by construction of improve- ments proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; 2. Said Special Assessment Roll No. 121 is hereby approved and confirmed in all respects with the exception of the following: a. Deleteand remove Parcel 25bOLA since the same is owned and operated for a public purpose by the Wayne County Road Com- mission; and b. Delete and remove Parcel 25Alalb since the same will not derive any benefits from this project. 3. The amount of said roll shall be divided into ten (10) equal annual installments with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after 13417 December 1, 1973. In such cases where the in- stallments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1973, and subsequent installments on December 1st of succeeding years; 4. 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 said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1973 pay the whole or any part of the assessment without interest or penalty; 5. The first installment shall be spread upon the 1973 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1973 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid. in- stallments; 6. The City Council having determined to pay 50% of the cost for the proposed Inkster Road Water. Main Extension within the said district, the said amount to be transferred from the Water Department Capital Outlay Account. A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. 13418 At 9:35 p. m., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Brown, seconded by Councilman Milligan, it was #1115-72 RESOLVED, that having considered a communication dated October 19, 1972 from the City Planning Commission, which transmits its resolution No. 9-244-72 adopted by the Commission on September 26, 1972 with regard to Petition No. 72-7-2-21, submitted by Rodney C. Kropf, Attorney, requesting permission to construct a Big Boy Restaurant as a waiver use on property zoned C-2, located on the south side of Six Mile Road between Newburgh Road and Levan Road in the Northwest 1/4 of Section 17, the Council does hereby concur in the recommendation made by the City Planning Commission with the following modifications: 1. that the building shall be at a sixty foot setback from the south right-of-way line of Six Mile Road, 2. that the entire front yard, with the exception of any pedestrian walkways, shall be landscaped, and Petition No. 72-7-2-21 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recom- mendation of the Planning Commission, and as further modified by this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Bennett, Brown, Ventura, Raymond and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1116-72 RESOLVED, that having considered a communication from the City Planning Commission dated November 30, 1972, which transmits its resolution No. 9-247-72 adopted on September 26, 1972 wherein the Commission did recom- ment approval on a request from Harry J. Will for a one year extension of the waiver use approval of Petition No. 71-7-2-25 for a funeral home and undertaking establishment proposed to be located on the north side of Six Mile Road, east of Newburgh Road in the Southwest 1/4 of Section 8, the Imp Council does hereby determine to concur in and approve the aforesaid action, and grants to the Petitioner the said one year extension. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was 13419 #1117-72 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, February 5, 1973 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: 1. Petition No. 72-10-1-47 submitted by the City Planning Commission for a change of zoning of property located on the northwest corner of Merriman Road and Schoolcraft Road in the Southeast 1/4 of Section 22, from C-1 to P.S., the City Planning Commission having in its resolution No. 11-298-72 recommended to the City Council that Petition No. 72-10-1-47 be approved; 2. Petition No. 72-10-1-46 submitted by the City Planning Commission for a change of zoning of property located on the north side of Ann Arbor Trail, west of Wayne Road in the Southeast 1/4 of Section 32, from C-1 to R-7, the City Planning Commission having in its resolution No. 11-297-72 recommended to the City Council that Petition No. 72-10-1-46 be approved; 3. Petition No. 72-5-1-24 submitted by F. Thornthwaite for Cooperative Services, Inc., for a change of zoning of property located on the west side of Inkster Road, north of Joy Road in the Southeast 1/4 of Section 36, from RUF to R-9, the City Planning Commission having in its resolution No. 11-290-72 recommended to the City Council that Petition No. 72-5-1-24 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 to cause to have a statement indicating the location of the proposed changes of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. Councilman Bennett gave first reading to the following Ordinance: 13420 110 AN ORDINANCE AMENDING SECTION 32 OF THE ZONING MAP OF THE CITY OF L'IVONIA 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. 72-4-1-22 FOR CHANGE OF ZONING FROM RUF TO C-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 word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first 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- L NANCE, BY ADDING SECTION 3. THERETO. RE. PETITION NO. 72-6.1-34 FOR CHANGE OF ZONING FROM RUF TO P. 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. At the direction of the Chair, the item on the agenda with respect to the reconsidering of Petition 72-3-1-17 of Nicholas George for Farmington Road north of Plymouth Road from M-1 to C-2 (Manufacturing to Commercial), was removed and will be considered at the first Regular Meeting of the Council to be conducted in February 1973. The communication from the Planning Commission dated November 29, 1972, Imo with respect to the rezoning of the "Lewis Brooke Property", CR-432-72, was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was 13421 #1118-72 RESOLVED, that the preliminary plat of the proposed Nottingham Woods West Subdivision No. 2, situated in the South 1/2 of Sections 8 and 9, City of Livonia, Wayne County, Michigan, having previously received the tentative approval of the City Planning Commission on August 24, 1971, by its resolution No. 8-231-71, and having been approved in a report dated March 16, 1972 from the City Engineer, said report having appended thereon the signature of the Director of Public Works and the Mayor, indicating that compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commission now hav- ing given final true plat approval on October 3, 1972 in its resolution No. 10-259-72, and further, the Council having considered a letter from the City Clerk dated October 25, 1972 pursuant to Section 9-126, Chapter 1, Title 9 of the Livonia Code of Ordinances, as amended, does hereby determine to grant its approval to the Final Plat of Nottingham Woods West Subdivision No. 2, located in the South 1/2 of Sections 8 and 9, City of Livonia, Wayne County, Michigan, as submitted by Curtis Building Company, 25950 Five Mile Road, Detroit, Michigan, 48239, as proprietor, the proprietor thereof being required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, the Ordinances of the City of Livonia, Michigan; and further, the City Clerk shall do all things necessary for the full performance of this resolution; the Council does hereby determine to rescind Council Resolution No. 977-72, adopted on October 25, 1972. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #1119-72 RESOLVED, that having considered a communication dated November 22, 1972 from the City Planning Commission which transmits its resolution No. 11-293-72 with regard to Petition No. 72-10-3-14 submitted by the City Planning Commission for vacating of surplus right-of-way located adjacent to Wayne Road on the east between Six Mile Road and Curtis in Section 9, City of Livonia, Wayne County, Michigan, and an easement line covering approximately the same area as the right-of-way of Wayne Road lying north of Six Mile Road to Curtis in Sections 8 and 9, City of Livonia, Wayne County, Michigan, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. By Councilman Ventura, seconded by Councilman McCann, it was #1120-72 RESOLVED, that having considered a communication dated December 1, 1972 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. Patrick Hawley, 33081 Norfolk, 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 proposed division or partition of Tax Item 03a29 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into four parcels, the legal descriptions of which shall read as follows: 13422 Parcel A The East 115.6 ft. of the West 235.6 ft. of Lot 29, Folker's Farmington Acres being a sub'n of part of the N. W. 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Twp., Wayne Co., Michigan. Liber 61, Page 30. W.C.R. (Now City of Livonia). Parcel B The East 100 ft. of Lot 29, Folker's Farmington Acres being a sub'n of part of the N. W. 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Twp., Wayne Co., Michigan. Liber 61 Page 30. W.C.R. (Now City of Livonia). Parcel C The West 100 ft. of the East 200 ft. of Lot 29, Folker's Farmington Acres being a sub'n of part of the N. W. 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Twp., Wayne Co., Michigan, Liber 61 Page 30. W.C.R. (Now City of Livonia). Parcel D The west 120 ft. of Lot 29, Folker's Farmington Acres being a sub'n of part of the N. W. 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Twp., Wayne Co., Michigan, Liber 61 Page 30. W.C.R. (Now City of Livonia); 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The communication dated November 28, 1972 from the Traffic Commission, in response to CR-950-72, in connection with traffic disturbances on McIntyre and Minton Streets, was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Bennett, it was #1121-72 RESOLVED, that having considered a communication from the City Engineer dated October 30, 1972, approved by the Director of Public Works and approved for submission by the Mayor, concerning a prior communication from the City Engineer dated September 13, 1972, approved by the Director of Public Works and approved for submission by the Mayor pro tem, recom- mending that the City dedicate a certain easement through the City-owned Department of Public Works site in Section 28, City of Livonia, the Council does hereby determine to dedicate said easement described as follows: 13423 That part of Lots No. 12 and 41 of Newman Schoolcraft Farms Subdivision of a part of the N.E. 1/4 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as beginning at the N.E. corner of said Lot 12 and proceeding thence N. 88° 37' 15" W, along the north line of said Lot 12, 150 feet; thence due south, 35 feet, thence S. 88°37'15" E, 491.34 feet, thence due south, 80 feet; thence S. 88° 37' 15" E, 2.5 feet to the east line of said Lot 41; thence due north, along the east line of said Lot 41, 115 feet to the north line of said Lot 41; thence N. 88° 37' 15" W, along the north line of said Lot 41, 366.34 feet to the point of beginning. and does further request that the Wayne County Bureau of Taxation record such easement dedication on all maps issued by that office and further, that the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Bureau of Taxation, and the Council does hereby determine to rescind Council Resolution No. 876-72, adopted on September 27, 1972. A roll call vote was taken on the foregoing resolution with the following result: AYES• Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #1122-72 RESOLVED, that having considered a communication dated December 1, 1972 from the Department of Law, submitted pursuant to council resolution #655-72, transmitting for acceptance a Warranty Deed executed on November 30, 1972 by Graham Clements and Patricia A. Clements, his wife, conveying: Lots 19 and 20, Rosedale Gardens No. 1 Subdivision as recorded in Liber 56, Page 59 of Wayne County Records, said subdivision being a part of the North 1/2 of the N. E. 1/4 of Section 34, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty Deed 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; further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city owned and exempt. A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS. None. 13424 By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #1123-72 RESOLVED, that having considered the communication from the Department of Parks and Recreation dated November 30, 1972, with respect to the desirability of purchasing a 19.78 acre Parksite in Section 13 (Pierce Property), the Council does hereby concur with the recommendation of the Parks and Recreation Department and determines to take no further action with regard to this matter. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #1124-72 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 Ventura, seconded byCouncilman McCann, and unanimously adopted, it was #1125-72 RESOLVED, that the Council does hereby establish the following L dates for the purpose of conducting regular meetings of the City Council for the month of January, 1973: Wednesday, January 10, 1973 Wednesday, January 24, 1973. By Councilman Brown, seconded by Councilman McCann, it was #1126-72 RESOLVED, that having considered the report and recommendation of the City Engineer dated December 11, 1972, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Commercial Removal Company in the amount of 19 1/2¢ per month per pickup unit for providing the City with residential large item collection and disposal for the period commencing on January 15, 1973 and expiring on October 1, 1973; final payment to be based upon the same number of units used in the current City of Livonia contract for Solid Wastes Collection and Disposal for residential locations; said unit price having been in fact the lowest and only bid received for this work, further, the Council does hereby authorize the expenditure of payments to be made to the aforesaid bidder from the Municipal Refuse Fund in accordance with the action taken herein; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. 13425 By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #1127-72 RESOLVED, that in view of certain recent fires which have taken place in other communities involving highrise buildings, the Council does hereby request the Chief of the Fire Division and the Director of Public Safety-Fire, upon review of the City's existing Ordinances and Codes, to submit a report and recommendation to the Council concerning the need, if any, to amend City of Livonia ordinances in order to provide adequate fire protection for highrise developments in this community. By Councilman Brown, seconded by Councilman Milligan, it was #1128-72 RESOLVED, that having considered a communication dated December 12, 1972 from the City Planning Commission, which transmits its resolution No. 11-319-72 adopted by the Commission on November 28, 1972 with regard to Petition No. 72-11-2-39, submitted by Dumaro, Inc. requesting permission to construct and operate a Bonanza Sirloin Pit Restaurant as a waiver use on property zoned C-2 located on the north side of Seven Mile Road west of Farmington Road, in the Southeast 1/4 of Section 4, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-11-2-39 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recom- mendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Bennett, Brown, Ventura, Raymond and Nash. NAYS• McCann. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, this 749th regular meeting of the Council of the City of Livonia, was duly adjourned at 10:15 P. M., December 13, 1972. AO ADDISON W. ACON, it lerk.