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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-03-21 13589 L MINUTES OF THE SEVEN HUNDRED FIFTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 21, 1973, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:26 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: Virginia G. Handzlik, Deputy City Clerk; Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works, Rudolf R. Kleinert, Director of Public Safety-Fire; Robert Turner, Police Chief; Jack Dodge, Budget Director; John T. Dufour, Superintendent of Parks and Recreation; Gary LClark, Assistant City Engineer; Daniel Gilmartin, Industrial Coordinator; James Miller, Personnel Director; William Joyner, Administrative Assistant to the Mayor; John Nagy, City Planner; Stanley Bien, Chief Librarian; Michael Resier, Water and Sewer Board, Francis Hand and Esther Friedrichs of the Planning Commission. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #210-73 RESOLVED, that the minutes of the 755th regular meeting of the Council of the City of Livonia, held March 7, 1973, are hereby approved. The communication dated March 20, 1973, from the City Clerk, transmitting Financial Statements for the first quarter period of the 1972-73 Fiscal Year, for various accounts, was received and filed for the information of the Council. The Drug Analysis Statistics for February 1973, transmitted by the Community Commission on Drug Abuse, was received and filed for the information of Lthe Council. Councilmen Bennett gave second reading to the following Ordinance: 13590 AN ORDINANCE AMENDING CHAPTER 1 (MINORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDI- NANCES, AS AMENDED, BY ADDING SECTION 8-105 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 Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 22 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 72-9-1-44 FOR CHANGE OF ZONING FROM RUF TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Raymond, seconded by Councilman Ventura, it was #211-73 RESOLVED, that having considered a communication from the Chief Librarian and the Budget Director dated February 20, 1973, approved for submission by the Mayor, and which also contains resolution No. 4-73 adopted by the Library Commission on February 19, 1973, the Council does hereby accept the bid of A. R. Kramer, 15986 Middlebelt Road, Livonia, Michigan, for supplying the City with carpeting to be installed at the Carl Sandburg Library for the price of 55,500.00, the same having been in fact the lowest bid meeting specifications for this item; further that the sum of $5,500.00 is hereby authorized to be expended from the Federal Revenue Funds for this purpose; and the City Clerk and City Treasurer are are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution; and the Council does hereby rescind Council resolution No. 1091-72, adopted on December 13, 1972. 13591 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. By Councilman Brown, seconded by Councilman McCann, it was #212-73 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated February 13, 1973, approved for submission by the Mayor, and the Budget Director, the Council does hereby accept the bid of Winder Police Equipment, 4427 Parker, Dearborn Heights, Michigan 48125, for supplying the City with two Vascar units for the unit price of $979.95, the total price being $1,959.90, the sane-having been in fact the lowest bid meeting specifications for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #213-73 RESOLVED, that having considered a communication from the Super- intendent of Operations, Director of Public Works and the Budget Director dated February 7, 1973, approved for submission by the Mayor, the Council does hereby accept the bid of Michigan Lead Battery Company, 111 Victor, Highland Park, Michigan 48214, for supplying the Operations Division with new batteries and battery service at the prices noted on the Dealer's established Price Sheet for new batteries and repair service, for the period of one-year commencing with the effective date of the action taken herein, the same having been in fact the lowest and only bid meeting specifications for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #214-73 RESOLVED, that having considered a communication from the Super- intendent of Operations, Director of Public Works and the Budget Director dated February 5, 1973 and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Michigan Chemical Corp., 500 N. Bankson St., St. Louis, Michigan 48880, for supplying the Operations Division with 38% Liquid Calcium Chloride for the period June 1, 1973 through May 31, 1974 as follows: 13592 Item Unit Price 38% spread on street by supplier's vehicle $.0985/gal. 3 , delivered to storage tank in D.P.W. Yard $.0831/gal. the same having been in fact the lowest and only bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Milligan, it was #215-73 RESOLVED, that having considered a communication from the City Assessor dated February 23, 1973, approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $445.00 from the Personal Services Account 202-706 to the Capital Outlay Account 202-970 for the purpose of purchasing an Olivetti Electronic Printing Calculator, the total cost of which is $825.00 less $380.00 trade-in allow- ance; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. L 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 Raymond, it was #216-73 RESOLVED, that having considered a communication from the Person- nel Director dated February 14, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor and which transmits a resolution adopted by the Civil Service Commission on January 24, 1973, wherein a request is made for additional appropriations to cover the cost of employee coverage provided by Blue Cross-Blue Shield for the balance of the fiscal year, which amount will provide monthly payments beginning March 10, 1973 through March 10, 1974, the Council does hereby determine to transfer the suns of $16,299.54 from the Unexpended Fund Balance Account to Account No. 918-719 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 Brown, seconded by Councilman McCann, it was 13593 #217-73 RESOLVED, that having considered a communication from the Mayor dated March 1, 1973, wherein it is requested that the sum of $2,500.00 be appropriated from federal shared revenues for the purpose of providing a Management Training Program, the Council does hereby determine to refer this matter to a meeting of the Committee of the Whole, such meeting to be conducted on April 2, 1973 at 8:00 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Raymond and Nash. NAYS: Bennett, Ventura and Milligan. The President declared the resolution adopted. The dommunication from the Mayor, dated March 1, 1973, which transmits a report from the Police Chief with respect to the need for additional police vehicles, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman McCann, it was #218-73 RESOLVED, that in accordance with the provisions set forth in Section 23.01(a) of the Livonia Zoning Ordinance, the Council does hereby determine on its own motion to request that the City Planning Commission conduct a Public Hearing on the question of whether or not to adopt an amendment to the Zoning Ordinance and thereafter submit a report and recom- mendation to Council which amendment would provide as follows: (1) Proposed amendment of Sections 8.04(c) and 27.07(c), as submitted by the Mayor in a com- munication dated March 1, 1973, the purpose of which is to provide a 500 foot spacing require- ment for sites of multiple developments including the waiver of same by the written consent of 60% or more of adjoining property owners; and/or as an alternative (2) An amendment which provides as follows: (a) That the site of an R-7 zoning multiple development shall be limited to a maximum of 200 units; (b) That a minimum spacing separation of 2,000 feet shall be required between the site of each multiple development located in an R-7 or an R-8 zoning classification, which re- striction may be waived by the written con- sent of 60% or more of the owners (legal or equitable) of R-1 through R-6 or RUF zoned property located within a radius of 500 feet of the site of a proposed multiple develop- ment. 13594 (c) That a minimum spacing separation of 100 feet shall be required between a principal structure situated on R-7 property and the property line of property zoned R-1 through R-6 or RUF; (d) That a minimum spacing separation of 150 feet shall be required between a principal structure situated on R-8 property and the property line of property zoned R-1 through R-6 or RUF; (e) That a minimum spacing separation of 60 feet shall be required between a principal structure situated on R-9 property and the property line of property zoned R-1 through R-6 or RUF for developments which contain no more than two-story structures, and 75 feet for developments which contain structures with more than two stories, and (f) That the minimum set-back of a principal structure in any R-7, R-8 or R-9 zone as measured from the edge of the public right- of-way of Mile Roads shall be 75 feet, and that no more than 25% of such set-back area may be used for parking purposes. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Milligan and Nash. NAYS: Brown, Ventura and Raymond. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Ventura, it was #219-73 RESOLVED, that having considered a communication dated February 20, 1973 from the City Planning Commission which sets forth its resolution No. 1-21-73 with regard to Petition No. 71-12-1-74 submitted by Roger and Rosette Ajluni for a change of zoning on property located on the south side of Curtis Road, east of Farmington Road in the Southwest 1/4 of Section 10, from RUF to P. and P.S. and, having by resolution No. 2-41-72, adopted on February 8, 1972, recommended to the City Council that Petition No. 71-12-1-74 be approved to rezone the aforesaid property from RUF to P and P.S.; and, pursuant to Council resolution No. 500-72, having held a new public hearing on January 30, 1973 on Petition No. 71-12-1-74 to consider the rezoning of the south portion of Parcel DD2 that adjoins Parcel DD1b1 which was also included in the aforesaid petition to a new zoning classi- fication of "P" rather than P.S.,the City Planning Commission having 13595 determined to reaffirm its action taken in resolution No. 2-41-72 wherein it is recommended that the south portion of Parcel DD2 that adjoins Parcel DD1b1 be rezoned to the P.S. classification and the north portion of Parcel DD2 that adjoins Parcel DD1b1 be rezoned to the P classification, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-12-1-74 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: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was RESOLVED, that having considered a communication from the City Planning Commission dated February 19, 1973, which transmits its resolution No. 1-33-73, adopted by the Commission on January 30, 1973 with regard to Petition No. 72-11-8-42 submitted by William D. Shiels requesting use and and site plan approval for a warehouse addition and interior alterations to an existing building located on the south side of Plymouth Road between Middlebelt and Garden in the Northwest 1/4 of Section 36, the Council does hereby, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 72-11-8-42 is hereby approved, such approval to be based upon the same conditions as those which are set fo-th in the aforesaid recommendation of the Planning Commission as well as the additional condi- tion that the said site plan shall be modified so as to delete two parking spaces, one on each side of the driveway entrance on the northerly property line, and in lieu thereof, require that the same be landscaped as approved by the City Planning Department; further, the Council makes its action subject to the additional condition that exterior wall treatment shall be approved by the City Planning Department. By Councilman Raymond, seconded by Councilman Bennett, it was RESOLVED, that the foregoing resolution be amended so as to include the additional condition that all outside refuse for the entire building (and not merely in addition) be eliminated and such refuse henceforth be stored indoors. A roll call vote was taken on the amendment with the following result: AYES: Bennett, Brown, Raymond and Nash. NAYS: McCann, Ventura and Milligan. 13596 A roll call vote was conducted on the resolution, as amended, as follows: #220-73 RESOLVED, that having considered a communication from the City Planning Commission dated February 19, 1973, which transmits its resolution No. 1-33-73, adopted by the Commission on January 30, 1973 with regard to Petition No. 72-11-8-42 submitted by William D. Shiels requesting use and site plan approval for a warehouse addition and interior alterations to an existing building located on the south side of Plymouth Road between Middlebelt and Garden in the Northwest 1/4 of Section 36, the Council does hereby, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 72-11-8-42 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission as well as the additional condi- tion that the said site plan shall be modified so as to delete the two parking spaces, one on each side of the driveway entrance on the northerly property line, and in lieu thereof, require that the same be landscaped as approved by the City Planning Department, further, the Council makes its action subject to the additional condition that exterior wall treatment shall be approved by the City Planning Department; further, the Council makes this action subject to the additional condition that all outside refuse for the entire building (and not merely in addition) be eliminated and such refuse henceforth be stored indoors. with the following result: AYES: McCann, Brown, Ventura, Raymond and Milligan. NAYS: Bennett and Nash. The President declared the resolution, as amended, adopted. By Councilman Milligan, seconded by Councilman Brown, and unanimously adopted, it was #221-73 RESOLVED, that having considered a communication from 0. C. Heim Sales, P. 0. Box 5101, Detroit 35, Michigan, dated March 1, 1973, with regard to license fees required for stamp vending machines, the Council does hereby determine to refer the same to the City Clerk for his report and recommendation. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #222-73 RESOLVED, that having considered a communication from Mr. RodneyC. Kropf, Attorney, dated February 28, 1973 and submitted in behalf of his client Mr. Chester Koppy with regard to the installation of improvements in the Livonia Mall Estates Subdivision, the Council does hereby determine to refer the same to the Council Water and Sewer Committee for its report and recommendation. 13597 The communication from Mr. William N. Ponder, Attorney, dated February 27, 1973, submitted with respect to the salary of the former Housing Commission Secretary, was received and filed for the information of the Council. By Councilman Bennett, seconded by Councilman Brown, it was RESOLVED, that having considered a communication from Mr. William N. Ponder, Attorney, dated February 27, 1973 and submitted in behalf of his client, Mr. Charles Cook, the former Housing Director of the Livonia Housing Commission, with regard to the compensation received and/or provided to Mr. Cook while employed as the Housing Director, the Council does hereby determine that payment shall be made to Mr. Charles Cook in the amount of $1,021.00 less $57.68 for F.I.C.A., for a net of $963.32, which amount reflects the pro rata difference between thesalary Mr. Cook actually received and a salary in the amount of $9,000.00 per annum for the period May 1, 1972 through August 31, 1972, and for this purpose the Council does hereby authorize the expenditure of the foregoing amount from the Unexpended Fund Balance Account, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution; further, the action taken herein shall not be construed as constituting an admission of liability on the part of the City of Livonia concerning any of the claims herein submitted, but in any event the payment of the foregoing amount upon receipt shall constitute a full and complete settlement of this matter. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann and Bennett. NAYS: Brown, Ventura, *Raymond, Milligan and Nash. The President declared the resolution DENIED. *Councilman Raymond made the following statement: My 'no' vote is cast because we have established a policy in granting no retroactive salaries, and this constitutes retroactive moneys. By Councilman Raymond, seconded by Councilman Milligan, it was #223-73 BE IT RESOLVED, that the City of Livonia enter into an Agreement with the Board of County Road Commissioners of the County of Wayne, Michigan and The Chesapeake and Ohio Railway Company, relative to the improvement of Middle Belt Road by constructing a grade separation thereon between Plymouth Road and Schoolcraft Road, in the City of Livonia, Wayne County, Michigan, a copy of said Agreement is attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that the Mayor and the City Clerk be and the same are hereby authorized to execute the foregoing Agreement for and on behalf of the City of Livonia. 13598 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, it was #224-73 RESOLVED, that having considered a communication from the Mayor dated March 1, 1973, with regard to Blue Cross-Blue Shield coverage for the City Assessor and the Civil Defense Director, the Council does hereby determine that the aforesaid positions shall henceforth receive 100% Blue Cross-Blue Shield provided for by the City in lieu of the present 50% coverage and the Civil Service Department is hereby requested to do all things necessary to implement the purpose of this resolution, further, the Council does hereby authorize the transfer of the sum of $750.00 from the Unexpended Fund Balance Account in the following manner: $375.00 to Account No. 202-719 $375.00 to Account No. 429-719. A roll call vote was taken on the foregoing resolution with the following result: L AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #225-73 RESOLVED, that having considered a communication from the Livonia Housing Commission dated February 16, 1973 which transmits its resolution No. 90-72, wherein the Commission requests that the position of secretary of the Livonia Housing Commission be established as a full time position, effective January 1, 1973, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration at a meeting to be conducted on April 17, 1973 at 7:00 P. M., the same to be considered at the same time as the subject of the annual salary of the Director-Secretary as referred to the said meeting previously in Council resolution No.191-73. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #226-73 RESOLVED, that having considered a communication from the Person- nel Director dated February 23, 1973, which also bears the signature of the Budget Director and is approved for submission by the Mayor, and which L transmits resolutions adopted by the Civil Service Commission on June 6, 1972 and January 24, 1973, wherein it is recommended that the Retirement Plan Ordinance be amended so as to reflect certain changes on retirement 13599 benefits which are the result of negotiations with employee organizations and include recommendations submitted by the Board of Trustees of the Livonia Employees Retirement System, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration at a meeting to be conducted on Monday, Mardh 26, 1973 at 7:00 P. M. By Councilman Brown, seconded by Councilman Ventura, it was #227-73 RESOLVED, that having considered a communication from the City Engineer dated February 26, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the acquisition of property required to relocate a branch of a branch of the Bell Creek in the Northwest 1/4 of Section 16, City of Livonia, the Council does hereby authorize the Department of Law to proceed with the acquisition of Parcels A and B, as shown on the attached map (Bureau of Taxation Parcels 16E1a2 and 16Ela1) for the purchase price of $14,000.00 as well as to expend a sum not to exceed $180.00 for the proration of current City, School and County taxes; further, the Council does hereby authorize the advance of the aforesaid sums from the Unexpended Fund Balance Account, the same to be reimbursed from surplus drainage funds and for this purpose the Wayne County Drain Commissioner is hereby requested to authorize the use of the City's surplus drainage funds for this purpose; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #228-73 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee dated March 7, 1973, with regard to General Revenue Funds received from the United States of America, which funds in whole or in part have been deposited in a special trust fund established pursuant to Council resolution No. 1081-72, the Council does hereby determine to approve as Step 1 the appropriation of these moneys for the following projects and in the amounts designated: Estimate 1. Plymouth Road Beautification, as recommend- ed by Planning Department $ 40,000 2. Development of Sheldon Park, including Ball Diamond, Tennis Courts, etc., and including a swimming pool 300,000 3. Construction of Locker facilities at Devonaire Rink 40,000 4. Purchase of a Portable Band Wagon 20,000 13600 5. Heavy Equipment for Parks and Recreation Department - Bulldozer and Backhoe $ 25,000 6. Purchase of acreage for Blue Grass Farms Park 35,000 7. Purchase of eleven (11) additional police cars 53,840 8. Development of 7 Mile Wayne Park site, Baseball Diamonds, Tennis Courts, Mini-Bike Trail, etc. 200,000 9. Improvement of Dog Pound operation by entering into Agreement with Michigan Humane Society for use of their facilities. Estimated cost to City-$15,000 per year-required to construct $60,000, for which the City would be given four year credit advance payment. 60,000 10. Beautification of corners at Five Mile and Farmington Roads 25,000 11. Purchase of land to complete Civic Center Site Now in (Don's Dairy) Condemnation Total $798,840 Plus cost of Don's Dairy and the action taken herein shall be construed as constituting an addendum to the City's Annual Budget for the fiscal year ending November 30, 1973; and the City Clerk and Budget Director are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. *The President of the Council relinquished the Chair to the Vice-President at 9:35 p. m. By Councilman Raymond, seconded by Councilman McCann, it was RESOLVED, that the Council does hereby request thatthe Capital Improvement Committee submit its report and recommendation on the following items: 1. An Administrative Services Building, which will serve to centralize city operations and will eliminate the costly, inconvenient and inefficient operation of City services in half a dozen or more buildings spread around the City (Estimated cost $2,000,000), and 13601 L2. Construction of a new Civic Center Main Library, utilizing and converting the present City Hall, to provide approxi- mately one third of the new library facility; and 3. Purchase of Pierson School and renovation of the building for its use as a North End Activities and Recreation Center; and 4. Construction of a third Ice Skating Rink at the recommended Seven Mile Park site, and adoption of a policy at all rinks to charge fees commensurate with fees charged in surrounding areas. By Councilman Bennett, seconded by Councilman Brown, it was RESOLVED, that the foregoing resolution be amended so as to have Item No. 2 read as follows: Construction of a new, separate Civic Center Main Library, or one utilizing and converting the present City Hall, to provide approximately one third of the new library facility; and further, to add Item No. 5 thereto, which reads as follows: Capitalization of a City bus service. L A roll call vote was taken on the amendment with the following result: AYES: Bennett, Brown, Raymond and Milligan. NAYS: McCann, Ventura and Nash. A roll call vote was conducted on the resolution, as amended, as follows: #229-73 RESOLVED, that the Council does hereby request the Capital Improvement Committee to submit its report and recommendation on the following items: 1. An Administrative Services Building, which will serve to centralize city operations and will eliminate the costly, inconvenient and inefficient operation of City services in half a dozen or more buildings spread around the City (Estimated cost S2,000,000); and 2. Construction of a new, separate Civic Center Main Library, or one utilizing and converting the present City Hall, to provide approximately one third of the new library facility, and 3. Purchase of Pierson School and renovation of the building L for its use as a North End Activities and Recreation Center, and 11 . Construction of a third Ice Skating Rink at the recommended Seven Mile Park Site, a..d adoption of a policy at all rinks to charge fees commensLzate with fees charged in surrounding areas;and. 13602 5. Capitalization of a City bus service. with the following result: AYES: McCann,*Bennett, Brown, *Ventura, Nash, Raymond,abd Milligan. NAYS: None. The Vice-President declared the resolution, as amended, adopted. *Councilman Bennett and Councilman Ventura made the following statement: 'We do not support a free, public transit system.' *The President resumed the Chair at 10:05 P. M. At 10:06 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 Ventura, seconded by Councilman Brown, and unanimously adopted, it was #230-73 RESOLVED, that having considered a communication from the City Planning Commission dated February 13, 1973 and submitted pursuant to Council resolution No. 980-72, with regard to a proposed amendment to the R-E District Regulations set forth in the Livonia Zoning Ordinance which would ostensibly provide for uses not normally considered in a Research/ Engineering Zoning District, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a Public Hearing on the question of whether such amendment should be made, and thereafter submit a report and recommendation to the Council. By Councilman McCann, seconded by Councilman Milligan, it was #231-73 RESOLVED, that having considered a communication dated March 1, 1973 submitted by the Department of Law and transmitting for Council acceptance a Grant of Easement executed by Sam F. Zawideh and Alice Zawideh, his wife, granting to the City an easement to be utilitzed in connection with enclosing a natural open water course across property located at 29703 Seven Mile Road (Masters Restaurant) which easement is more particularly described as: The West 15 feet of the South 130 feet of a parcel of land commencing at the N. E. corner of Section 11, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, thence S. 89° 52' W., along the north line of said Section 11, being also the centerline of Seven Mile Road so called, 1093.37 L13603 feet to a point, said point being the extreme N. E. corner and point of beginning of the parcel herein described: thence S. 0° 03' E, 658.38 feet to a point; thence S. 89° 52' W, 125.00 feet to a point, thence N. 0° 03' W. 658.38 feet to a point on the said north line of Section 11, thence N. 89° 52' E, along said north line of Section 11, and centerline of Seven Mile Road, 125.00 feet to the point of beginning. (Bureau of Taxation Parcel 11A11b12a) the Council does hereby for and in behalf of the City of Livonia acccpt 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. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adoptedj it was #232-73 RESOLVED, that having considered a communication dated March 7, 1973 from William N. Ponder, Attorney, which in accordance with the pro- visions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on March 6, 1973 by the City Planning Commission in its resolution No. 3-54-73 with regard to Petition No. 72-12-2-43 submitted by Curran Construction Company requesting permission to construct a McDonald's Restaurant as a waiver use on property zoned C-2 and located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4, the Council does hereby designate Monday, April 16, 1973 at 8:00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #233-73 RESOLVED, that having considered a communication dated March 7, 1973 from William N. Ponder, Attorney, which in accordance with the provi- sions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on March 6, 1973 by 13604 L the City Planning Commission in its resolution No.3-55-73 with regard to Petition No. 72-12-2-44 submitted by Curran Construction Company requesting permission to construct a McDonald's Restaurant as a waiver use on property zoned C-2 and located on the south side of Plymouth Road between Wayne Road and Yale in the Northwest 1/4 of Section 33, the Council does hereby designate Monday, April 16, 1973 at 8:00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. By Councilman Raymond, seconded by Councilman McCann, it was #234-73 RESOLVED, that having considered a communication dated February 28, 1973 from the Michigan Liquor Control Commission with regard to an application from Andrew Ansara, 23420 Bonair, Dearborn Heights, Michigan, for a new full year Class "C" License to be located on Farmington Road, Livonia, Michigan, Wayne County, the Council does hereby determine to refer the same to its Committee of the Whole for its consideration along with all other such applications. LA roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Raymond, Milligan and Nash. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'no' vote is cast because I believe that the petitioner should have the opportunity to appear and present their plans. The communication from the Police Department, dated March 7, 1973, with request from Corsi's Incorporated to add space in conjunction with Class C License, was received and filed for the information of the Council. The communication from the Police Department, dated March 7, 1973, with respect to request of The Kroger Company to add space to their 1972 SDM licensed L business, was received and filed for the information of the Council. The communication from the Police Department, dated March 7, 1973, with respect to the transfer of ownership of 1972 SDM License at 34225 Plymouth Road, CR-133-73, was received and filed for the information of the Council. 13605 By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #235-73 RESOLVED, that the Council having considered a communication dated February 20, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring on Sears Avenue in the S. 1/2 of Section 26, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared, plans and specifications there- for 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 assess- ments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the CityEngineer with the City Clerk under date of February 20, 1973 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, April 30, 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 McCann, it was #236-73 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated January 5, 1973 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 5, 1973, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code; (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of ornamental street lighting with under- ground wiring in Parkview Estates Subdivision in Section 8, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, L13606 (3) approve the plans and specifications for the improvement ax set forth in said statement dated January 5, 1973; (4) Determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in the N. E. 1/4 of Section 8, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as Lots 1 through 32 both inclusive of proposed Parkview Estates Subdivision, City of Livonia, Wayne County, Michigan; (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated January 5, 1973; and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2 Chapter 5 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result : AYES: McCann, Brown, Ventura, Raymond, Milligan and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #237-73 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 28, 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 March 5, 1973, 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; 13607 (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 Livonia Industrial Park Sub- divisions No. 1 and No. 2 and Farmington-Plymouth Industrial Complex Subdivision in Section 27, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such im- provement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improve- ment as set forth in said statement dated December 28, 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 szch improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in the South 1/2 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as Lots 1 through 27 both inclusive of Livonia Industrial Park Subdivision No. 1 as re- corded in Liber 91, Pages 20 and 21 ofWayne County Records, Lots 28 through 41 both inclusive of Livonia Industrial Park Subdivision No. 2 as recorded in Liber 92, Pages 69 and 70 of Wayne County Records, Lots 1 through 24 both inclusive of proposed Farmington-Plymouth Industrial Com- plex Subdivision and Parcels 27E6ala, 27E6b1, El0c3b2a, 27Flalb, 27F1flf2,gla2,g2a2, 27Flglal, Flg2a1 and 27F3b1; (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated December 28, 1972; and (8) that upon the completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordi- nances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prioer to the holding of the second public hearing thereon pursuant to Title 2 Chapter of the Livonia Code of Ordinances. 13608 By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #238-73 RESOLVED, that having considered a communication dated December 29, 1972 from the City Planning Commission which sets forth its resolution No. 11-320-72 with regard to Petition No. 72-10-6-11 submitted by the City Planning Commission, initiated by Council resolution No. 684-72, so as to provide that delicatessens and/or carry-out restaurants shall be permitted only as a waiver use in C-2 Districts in lieu of being a permitted use in C-1 Districts, and the Council having conducted a public hearing with regard to this matter on March 5, 1973, pursuant to Council resolution No. 41-73, the Council does hereby determine to refer this matter to the Legislative Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman McCann, it was #239-73 RESOLVED, that having considered a communication dated December 28, 1972 from the City Planning Commission which sets forth its resolution No. 11-313-72 with regard to Petition No. 72-10-1-48 submitted by Carl A. Goers for a change of zoning on property located south of Five Mile Road between Garden and Haller Avenues in the Northwest 1/4 of Section 24, from R-1 to P.S., and the Council having conducted a public hearing with regard to this matter on March 5, 1973, pursuant to Council resolution No. 41-73, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-10-1-48 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: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #240-73 RESOLVED, that having considered a communication dated December 28, 1973 from the City Planning Commission which sets forth its resolution No. 11-314-72 with regard to Petition No. 72-10-1-49 submitted by Hickox- Barnett Real Estate for Friedrich Schwarb for a change of zoning on property located south of Five Mile Road between Henry Ruff Road and Bainbridge in the North 1/2 of Section 23, from RUF to C-1, and the Council having conducted a public hearing with regard to this matter on March 5, 1973, pursuant to Council resolution No. 41-73, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 72-10-1-49 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission, plus the additional reason that adequate storm sewers are unavailable in this area. 13609 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 Milligan, and unanimously adopted, it was #241-73 RESOLVED, that the Council does hereby request that the City Engineer submit a report and recommendation with regard to the storm drainage problem that presently exists in the B. E. Taylor's Green Acres Subdivision in Section 23. Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 22 OF THE ZONING MAP OF THE CITY OF LIVONIA AND Ai`ENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 72-10-1-47 FOR CHANGE OF ZONING FROM C-1 TO P.S. 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 Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #242-73 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of 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, April 30, 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. 73-1-1-2 submitted by W. A. Bachman for Michigan Bell Telephone Company for a change of zoning of property located on the east side of Newburgh Road, north of Five Mile Road in the Southwest 1/4 of Section 17, from R-2A to C-1, the City Planning Commission having in its re- solution No. 2-37-73 recommended to the City Council that Petition No. 73-1-1-2 be approved; 13610 2. Petition No, 73-1-1-1 submitted by Manns-Ferguson Funeral Home for a change of zoning on property located on the east side of Middlebelt Road, south of Six Mile Road in the Northwest 1/4 of Section 13, from RUF to P, the City Planning Commission having in its resolution No. 2-36-73 recommended to the City Council that Petition No. 73-1-1-1 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. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #243-73 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, it was #244-73 RESOLVED, that in accordance with Section 23.01(a) of the Livonia Zoning Ordinance, Ordinance No. 543, as amended, and with regard to the question of whether or not to rezone from PL to C-2 property described as Lots 1 and 2 of Horton's Subdivision as well as Tax Parcel 31B, in Section 31, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing on the question of whether such amendment should be made and thereafter submit a report and recommendation to the Council. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #245-73 RESOLVED that, with respect to the Freeway Corridor Master Plan, Phase I, for the area between Eight Mile Road on the north and Six Mile Road on the South; Newburgh Road on the east and Haggerty Road on the west, as prepared by the City Planning Commission, the City Council does hereby determine to take this means to indicate its approval in general to the land use recommendations as set forth in the aforesaid study. By Councilman Milligan, seconded by Councilman Bennett, it was 13611 #246-73 RESOLVED, that the Livonia City Council requests that Livonia nt represeatives of the CCODA arrange a meeting between representative members of the four (4) sponsoring groups so that progress to date can be reviewed and program objectives be re-established; it is further requested that this meeting be held within thirty (30) days of the effective date of this resolution; and in the interim, the Livonia City Council tentatively approves the establishment of a pilot medical program by the CCODA at the Westland facilities with the understanding that the project is experimental, will be conducted for a specific period of time will serve exclusively the residents of the sponsoring communities and will be funded from monies already authorized; the Council further understands that the basic objective of the free medical clinic is the treatment of drug and venereal disease cases. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Brown, and unanimously adopted, this 756th regular meeting of the Council of the City of Livonia, was duly adjourned at 10:31 P. M., March 21, 1973. .. (-6_....„.„..........„.., Abs. ADDISON W. BANE, Jerk. L