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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-09-27 13236 L MINUTES OF THE SEVEN HUNDRED FORTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 27, 1972, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, and was called to order by the President of the Council at approximately 8:10 P. M.. Councilman McCann delivered the invocation. Roll was called with the following result: Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Robert E. McCann, *Jerry Raymond and **Robert D. Bennett. Absent--Edward G. Milligan (Excused, representing the City in another capacity). Elected and appointed officials present: Virginia G. Handzlik, Deputy City Clerk; Robert M. Feinberg, Assistant City Attorney; Rudolf R. Kleinert, Director of Public Safety--Fire; Stanley Bien, Chief Librarian; Gary Clark, Engineering Depart- ment; Frank Kerby, Chief Building Inspector; Daniel Gilmartin, Industrial Coordina- L. tor; Jack Dodge, Budget Director; Robert Turner, Police Chief; John Bunk, Acting Fire Chief; H. G. Shane, Planning Department; and David Merrion of the City Planning Commission. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #840-72 RESOLVED, that the minutes of the 743rd regular meeting of the Council of the City of Livonia, held September 13, 1972, are hereby approved. The Communication from the City Clerk, dated September 20, 1972, transmit- ting the Financial Statement of the City of Livonia General Fund for period ending August 31, 1972, was received and filed for the information of the Council. The Department of Law's communication dated September 12, 1972, with respect to Wayne County Circuit Court Civil Action No. 111567 (Joseph Maiorana v. City of Livonia, eta) was received and filed for the information of the Council. LThe communication from the Department of Law, dated September 13, 1972, with respect to Edward S. Cassidy, et al v. City of Livonia (Appeal No. 12025), was received and filed for the information of the Council. 13237 Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7-108 OF ARTICLE 1 OF CHAPTER 1 (BUILDING CODES) OF TITLE 7 OF THE LIVONIA CODE OF ORDINANCES AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Brown, Ventura and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman McCann 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 ARTICLE XXVIII THEREOF. (Petition No. 72-4-6-8) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Brown, Ventura 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 j to TING ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY AMENDING SECTION 17.02 OF ARTICLE XVII THEREOF. (Petition 72-3-6-7) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Brown, Ventura and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. 13238 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 72-3-1-16 FOR CHANGE OF ZONING FROM P.L. TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Brown, Ventura 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 35 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOZ•1N AND CITED AS THE "CITY OF LIVONIA ZONING ORDI- NANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 72-4-1-21 FOR CHANGE OF ZONING FROM RUF TO P. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Brown, Ventura and *Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. *Councilman Nash made the following statement: Although I am a member of the Elks Lodge, I have no financial interest in the same. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDI- NANCE," BY ADDING SECTION 3. -THERETO. RE: PETITION NO. 72-3-1-13 FOR CHANGE OF ZONING FROM C-1 AND R-2 TO P.S. 13239 LA roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Brown and Nash. NAYS: Ventura. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman McCann gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 21 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. 72-3-1-19 FOR CHANGE OF ZONING FROM R-2 TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Brown, Ventura and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Brown, seconded by Councilman Ventura, it was #841-72 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and the Budget Director dated August 2, 1972, approved for submission by the Mayor, with respect to the bid of Shults Equipment Sales, P. 0. Box 26, Ithaca, Michigan for supplying the Road Maintenance Section of the Operations Divi- sion with one (1) Hitch M.D. Husting Complete Truck Hydraulic System for Dump Truck Chassis for the price of $1,545.30, the Council does hereby determine to refer this matter to the Study Session to be conducted on October 2, 1972. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown Ventura and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Ventura, it was 13240 #842-72 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and the Budget Director dated August 2, 1972, approved for submission by the Mayor, with respect to the bid of Shults Equipment Sales, P. 0. Box 158, Ithaca, Michi- gan, for supplying the Road Maintenance Section of the Operations Division with one (1) Root Model F-444-C-S 10 Foot Under Truck Road Scraper, for the price of $3,566.25, the Council does hereby determine to refer this matter to the Study Session to be conducted on October 2, 1972. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Brown, it was #843-72 RESOLVED, that having considered a communication from the Depart- ment of Law dated August 29, 1972, approved for submission by the Mayor, relative to the improvement of Deering Avenue between Vassar and Bretton, and the right-of-way required in this regard, the Council does hereby authorize the Department of Law to employ an expert real estate appraiser for the purpose of determining the fair market value of the right-of-way to be obtained in connection with this project, and for this purpose does hereby authorize an expenditure of a sum not to exceed $400.00 from the Unexpended Fund Balance Account the same to be reimbursed from the proceeds of a special assessment district to be established for this project; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #844-72 RESOLVED, that having considered a communication from the Budget Director dated August 25, 1972, approved for submission by the Mayor, to which is attached the Michigan Municipal League Membership Annual Membership Fee invoice dated July 1, 1972 for the period July 1, 1972 through June 30, 1973, in the amount of $4,684.00, the Council does hereby determine to appropriate the additional sum of $380.00 from the Unexpended Fund Balance Account and to be transferred to Account No. 279-958 for this purpose, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental in order to fulfill the performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura and Nash. NAYS: None. 13241 By Councilman McCann, seconded by Councilman Ventura, it was #845-72 RESOLVED, that having considered a communication from the Chief Inspector and the Budget Director dated September 5, 1972, approved for sub- mission by the Mayor, with regard to the replacement of twenty-four leveling blocks used in connection with weighing trucks, the Council does hereby determine to appropriate the sum of $166.80 in order to reimburse the Mayor's Emergency Fund which was previously used for this purpose, such amount to be reflected as a charge in the budget to Account No. 415-728, Weights and Measures Division Supplies Account. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #846-72 RESOLVED, that having considered a communication from the Chief of Police, Director of Public Safety-Police and the Budget Director dated August 21, 1972, approved for submission by the Mayor, with regard to the renovation of the Command Center, Radio, Emergency Answering Service in the Communications area of the Police Building, the Council does hereby deter- mine to authorize the transfer of the sum of $4,100.00 from Account No. 325-706 (Patrol Services) to Building Renovation Account No. 325-970 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #847-72 RESOLVED, that having considered a communication from the Budget Director dated September 8, 1972, approved for submission by the Mayor, with regard to a proposal made by the Livonia Commission on Children and Youth for developing a booklet entitled "Young People's Guide to Livonia", the Council does hereby determine to defer action and refer the matter back to the Youth Commission for further report, which shall contain specific guidelines with respect to its contemplated program. By Councilman Ventura, seconded by Councilman McCann, it was #848-72 RESOLVED, that having considered a communication dated August 28, 1972 from the City Planning Commission, which transmits its resolution No. 8-228-72, adopted by the Commission on August 22, 1972, with regard to Petition No. 72-6-2-14 submitted by Harold J. Kelso requesting permission 13242 to construct and operate a restaurant as a waiver use on property zoned C-2 located on the south side of Plymouth Road between Farmington and Stark Roads in the Northeast 1/4 of Section 33, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-6-2-14 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #849-72 RESOLVED, that having considered a communication dated August 28, 1972 from the City Planning Commission, which transmits its resolution No. 8-213-72 adopted by the Commission on August 15, 1972, with regard to Petition No. 72-7-2-20 submitted by Carl W. Riegal requesting permission to construct an island hut on the pump island in front of the existing station as a waiver use on property zoned C-1 located on the west side of Merriman Road between Schoolcraft and the C & 0 Railway in the Northeast 1/4 of Section 27, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-7-2-20 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. A. roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was 0850-72 RESOLVED, that having considered a communication dated August 28 1972 from the City Planning Commission, which transmits its resolution No. 8-211-72 adopted by the Commission on August 15, 1972 with regard to Peti- tion No. 72-7-2-19 submitted by American Oil Company requesting permission. to construct a service station as a waiver use on property zoned C-2 located on the northeast corner of Six Mile Road and Haggerty Road in the Southwest 1/4 of Section 7, the Council does hereby reject the recommenda- tion of the City Planning Commission and Petition No. 72-7-2-19 is hereby denied for the following reasons: 1. No need for gas station facilities at this location. 2. Intensity of use created by this type of facility at subject location will create an unacceptable level of traffic congestion related to Schoolcraft College. 3. The proposed waiver will provide a use that will be incompatible to the surrounding residential homes. 13243 A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Brown, Ventura and Nash. NAYS: None. *Councilman Raymond arrived at 8:34 p. m. By Councilman Ventura, seconded by Councilman Brown, it was #851-72 RESOLVED, that having considered a communication dated August 28, 1972 from the City Planning Commission, which transmits its resolution No. 8-210-72 adopted by the Commission on August 15, 1972 with regard to Petition No. 72-7-2-17 submitted by Thomas and Robert Armstrong requesting permission to erect a new and used car dealership as a waiver use on property zoned C-2 located on the north side of Plymouth Road between Sears and Middlebelt in the Southwest 1/4 of Section 26, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-7-2-17 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, it was #852-72 RESOLVED, that having considered a communication dated September 11, 1972 from the Assistant Assessor, approved for submission by the Mayor Pro-Tem, with regard to a request from Mr. Joseph P. Handzlik, 33989 Orange- lawn, Livonia, Michigan 48150, 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 split and combination of Tax Items 33a167 and 33a168 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of splitting and combining of same into two parcels, the legal descriptions of which shall read as follows: Parcel "A" Lot 167 and West 5' of Lot 168 of Supervisor's Livonia Plat No. 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Liber 66 Page 1 of Wayne County Records. Parcel "B" Lot 168, except West 5' of Supervisor's Livonia Plat No. 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Liber 66 Page 1 of Wayne County Records 13244 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: McCann, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #853-72 RESOLVED, that having considered a communication from the City Planning Commission dated August 29, 1972, which transmits its resolution No. 8-215-72, adopted by the Commission on August 15, 1972 with regard to Petition No. 72-7-8-11 submitted by Ralls-Hamill-Becker Associates, Inc. requesting use and site plan approval of plans required by Ordinance No. 990 in connection with a four-story office building to be located on the south side of Roycroft between Farmington Road and Westmore Avenue in Section 15, the Council does hereby determine to table this matter for further consideration at the study session to be conducted on October 16, 1972. **Councilman Bennett arrived at 8:37 P. m. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #854-72 RESOLVED, that having considered a communication from the Depart- ment of Law dated August 30, 1972 and submitted pursuant to Council resolu- tion No.673-72, to which is attached a proposed Garage, Yard, Basement and Rummage Sales Ordinance, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4-401 OF CHAPTER 4 (ENTERTAINMENT AND AMUSEMENTS) OF TITLE 4 OF THE LIVONIA CODE OF ORDI- NANCES AS AMENDED. 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. 13245 By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #855-72 RESOLVED, that having considered a communication from Mr. Mitchell R. Housey, President, Compton Village Cocktail Lounge, Inc., 28500 School- craft Road, Livonia, Michigan 48150, dated August 25, 1972 wherein a request is made for approval of a State of Michigan Lottery License, the Council does hereby determine to refer the same to the Committee of the Whole for its consideration; further, the Department of Law is hereby requested to submit a report relative to the applicable law and procedures with regard to this matter. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was #856-72 RESOLVED, that having considered a communication from Mr. Jerry J. Rozema, Vice-President of Funk Realty Company, dated August 25, 1972, wherein it is indicated that the owners (Mr. and Mrs. Donald A. Pierce) of Outlot A, Parkwoods Subdivision, Section 13, which consists of approximately 19.78 acres, have indicated a desire to sell such property to the City of Livonia, the Council does hereby determine to refer this matter to the Parks and Recreation Commission for its report and recommendation. By Councilman Ventura, seconded by Councilman Bennett, it was #857-72 RESOLVED, that having considered a communication from the Chairman of the Electrical Board of Examiners dated August 22, 1972, approved for submission by the Mayor, wherein a request is made that compensation be provided to the members of the said Board of not less than $15.00 per meet- ing or not less than $150.00 per year, the Council does hereby determine to refer this matter to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #858-72 RESOLVED, that having considered a communication from the Water and Sewer Board dated August 29, 1972, approved for submission by the Mayor, which transmits its resolution No. WS 1621 7/72 with regard to a petition requesting a sanitary sewer extension on Henry Ruff north of Schoolcraft to Lyndon, in Section 23, the Council does hereby determine to refer this matter to the City Engineer for his report and recommendation. 13246 The item on the Agenda with respect to an agreement between the City and Wayne County Road Commission for the Rosedale Gardens Combined Sewer Separation, was removed and will be considered at future meeting of the Council. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 72-5-3-2) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if 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 Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #859-72 RESOLVED, that having considered Petition No. 72-9-3-12 submitted by J. L. Mooney Company dated September 8, 1972, wherein a request is made for the vacating of two public alleys located in Garden Farms Subdivision, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommenda- tion in accordance with provisions of Law and City Ordinance. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #860-72 RESOLVED, that having considered Petition No. 72-9-3-13 submitted by Mr. Carl Smereck, 16120 Bell Creek Court, Livonia, Michigan, received ig the City Clerk's office on September 13, 1972, wherein a request is made for the vacating of a certain street right-of-way located in Section 16, Coventry Gardens, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation ir,accordance with provisions of Law and City Ordinance. By Councilman Raymond, seconded by Councilman Bennett, it was #861-72 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated September 12, 1972, approved for submission by the Mayor Pro-Tem, the Council does hereby authorize the Department of Public Works to demolish and dispose of the structure located at 20105 Angling Road in Section 1, since the same is in a complete state of disrepair and serves no useful purpose. 13247 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #862-72 RESOLVED, that having considered a communication from the Director of Public Works dated September 15, 1972, the Council does hereby authorize the Department of Public Works to demolish and dispose of the existing structure located at 33211 Seven Mile Road in Section 10 (former Court House), since the same is in a state of disrepair, serves no useful purpose and demolishing said structure would make the subject property more saleable or available for other uses. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #863-72 RESOLVED, that the Council does hereby request the Department of Public Works and the Parks Department to submit their report and recommenda- tion as to the possible use and/or beautification of City-owned property located at the Northeast corner of Farmington Road and Seven Mile Road. By Councilman Brown, seconded by Councilman McCann, it was #864-72 RESOLVED, that having considered the report and recommendation dated September 5, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of the Stark Gardens Subdi- vision the Financial Assurances previously deposited with respect to the General Improvement Bond of $267,000.00 and the Sidewalk Bond of $29,000.00 deposited with the City in accordance with Council Resolution No. 497-65, adopted on May 19, 1965, as thereafter subsequently amended including action taken on April 12, 1972, in Council Resolution No. 346-72, which reduced such Financial Assurances to $2,000.00 cash with respect to the General Improvement Bond and $15,000.00 of which $2,500.00 was in cash with respect to the Sidewalk Bond, to guaranty the satisfactory installation of improve- ments in Stark Gardens Subdivision, it appearing from the aforementioned report of. the City Engineer that all required improvements have been satis- factorily installed in accordance with the rules and regulations and ordi- nances of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. Aroll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. 13248 By Councilman Brown, seconded by Councilman McCann, it was #865-72 RESOLVED, that having considered the report and recommendation dated September 11, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the Proprietor of the Levan Heights Subdivi- sion the Financial Assurances previously deposited with respect to the Sidewalk Bond in the amount of $6,000.00 of which $2,000.00 was in cash, deposited with the City in accordance with Council Resolution No. 312-66, adopted on March 16, 1966, as thereafter subsequently amended including the action taken on February 19, 1969 in Council Resolution No. 153-69, which reduced such Financial Assurances to $1,000.00 in cash with respect to the Sidewalk Bond to guaranty the satisfactory installation of improvement in Levan Heights Subdivision, the General Improvement Bond having been previously released in Council Resolution No. 1336-69 adopted on December 8, 1969, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #866-72 RESOLVED, that having considered the report and recommendation dated September 11, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of the Levan Heights Subdivi- sion No. 2 the Financial Assurances previously deposited with respect to the Sidewalk Bond in the amount of $8,000.00 of which $4,000.00 was in Cash deposited with the City in accordance with Council Resolution No. 761-68, adopted on July 17, 1968, as thereafter subsequently amended including the action taken on December 8, 1969 in Council Resolution No. 1337-69, which reduced such Financial Assurances to $2,000.00 in Cash with respect to the Sidewalk Bond to guaranty the satisfactory installation of improvement in Levan Heights Subdivision No. 2, it appearing from the aforementioned report of the City Engineer that all required improvements have been satis- factorily installed in accordance with the rules and regulations and ordi- nances of the City of Livonia; 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 and Nash. NAYS: None. 13249 By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #867-72 WHEREAS, pursuant to the direction of the City Council in its resolution No. 588-72, adopted on June 28, 1972, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Asses- sor of the City of Livonia has prepared, reported and certified to the Council under date of July 19, 1972 an assessment roll dated July 13, 1972 covering the proposed street lighting in Linden Wood Subdivision in Section 32, containing the special assessment 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. 588-72; 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 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, October 30, 1972 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 October 30, 1972; 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 Ventura, seconded by Councilman McCann, and unanimously adopted, it was #868-72 WHEREAS, pursuant to the direction of the City Council in its resolution No. 255-72, adopted on March 15, 1972, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of May 19, 1972 an assessment roll dated May 16, 1972 covering the proposed street lighting in Tiffany Park Subdivision No. 6 in Section 19, 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. 255-72; 13250 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, October 30, 1972 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 October 30, 1972; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #869-72 WHEREAS, pursuant to the direction of the City Council in its resolution No. 62-72, adopted on January 19, 1972, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of May 10, 1972 an assessment roll dated May 5, 1972 covering the proposed street lighting in Parkridge Subdivision in Section 19, 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 improvements in said district as designated in Council resolution No. 62-72, 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 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, October 30, 1972 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 October 30, 1972; 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. 13251 By Councilman Ventura, seconded by Councilman Raymond, it was #870-72 RESOLVED, that having considered a letter submitted in behalf of the proprietor of Nottingham Woods West Subdivision No. 2, dated August 30, 1972, and before determining to establish a special assessment district for street lighting in Nottingham Woods West Subdivision No. 2, in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recom- mendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessment may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 2-514 of the Livonia Code of Ordi- nances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura, Raymond and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #871-72 RESOLVED, that having considered a letter submitted in behalf of the proprietor of Livonia Mall Estates Subdivision, dated September 6, 1972, and before determining to establish a special assessment district for street lighting in Livonia Mall Estates Subdivision, in the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 2-514 of the Livonia Code of Ordinances, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura, Raymond and Nash. NAYS: Bennett. The President declared the resolution adopted. 13252 The communication dated September 5, 1972 from the City Treasurer, with respect to certifying tax rate for the City of Livonia for the year 1972, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was #872-72 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated June 20, 1972, and the report and recommendation of the Chief of Police dated September 21, 1972, in connection therewith, the Council does hereby approve of the request from Fatmir J. Adam, Adem Rakipi, Hasan Rakipi and Rexhep Rakipi for transfer of ownership of 1972 Class C Licensed Business with Dance Permit located at 30843 Plymouth Road, Livonia, Michigan, Wayne County, from James M. and Bernice Taylor, said establish- ment known as "Taylor's Townhouse;" and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #873-72 RESOLVED, that the Council having previously acknowledged receipt of the proposed annual Budget of the City of Livonia for the fiscal year commencing December 1, 1972, as prepared by the Mayor and filed by the Mayor with the City Clerk on September 8, 1972, does hereby determine to set a public hearing thereon to be held on Wednesday, October 25, 1972 at 7:30 P. M. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, in accordance with the provisions of Chapter VII of the City Charter, and the City Clerk shall give notice of such public hearing in accordance and pursuant to provisions of the City Charter. The following resolution was unanimously introduced, supported and adopted #874-72 RESOLVED, that having considered letters dated September 20, 1972 from Mr. Ronald Cowden, Student Activities Director of Bentley High School, and Mr. Albert Zack, Principal, dated September 26, 1972, regarding a Homecoming Parade to be conducted on October 20, 1972, the Council does hereby grant permission to Bentley High School to conduct such Parade to begin at Ford Field, proceed north on Farmington Road from Lyndon Avenue to Five Mile Road, east on Five Mile Road to the Bentley Athletic Field on October 20, 1972, approval herein granted shall be subject to the approval of the Police Department in accordance with Section 6-155 of the Livonia Code of Ordinances. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was 13253 #875-72 RESOLVED, that having considered the request from the Little League Football - Hawks Unit, the Council does hereby grant permission to the said League to hold a Parade on October 8, 1972 at 10:00 A. M. from the Emerson Jr. High School to Franklin High School; approval herein granted shall be subject to the approval of the Police Department in accordance with Section 6-155 of the Livonia Code of Ordinances. By Councilman Bennett, seconded by Councilman McCann, it was #876-72 RESOLVED, that having considered a 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, recommending 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: The east 515' of the north 35' and the north 120' of the east 25' of Lot 41, Newman School- craft 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; 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was 487t-72 RESOLVED, that having considered a communication from the Depart- ment of Law, dated September 13, 1972, transmitting for acceptance a Grant of Easement dated September 8, 1972 executed by the Curtis Building Company by its president Jacob Menuck, and its secretary-treasurer Allen Menuck, conveying: North 15 feet of the following described parcel: A parcel of land being a part of the S. W. 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Beginning at a point, said point being N. 1° 01' 05" W., 60.00 ft., along the West line of Section 9, and N. 88° 46' 15" •, 547.50 ft. along the North line of Six Mile Road (60 ft. wd.) and N. 1° 01' 05" W., 1150.0 ft. from the S.W. corner of Section 9, T. 1 S., R. 9 E.; thence N. 12° 45' 18" W., 195.27 ft. to a point, thence N. 1° 01' 05" W., 181.57 ft. to a point; thence N. 0° 48' 04" w., 60.00 ft. to a point, thence N. 1° 01' 05" W., 130.31 ft. to a point; thence N. 890 10' 45" E., 401.00 ft. to a point; thence S. 9° 20' 35" W., 275.30 ft. to a point; thence S. 10° 54' 3511 E., 293.90 ft.; thence S. 88° 46' 15" W., 362.48 ft. to the point of beginning. 13254 the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #878-72 RESOLVED, that having considered a communication dated June 16, 1972 from the City Planning Commission which sets forth its resolution No„ 6-144-72 with regard to Petition No. 72-5-2-8 submitted by Bit-Con Corpora- tion requesting permission to locate an asphalt plant as a conditional use on property located on the west side of Levan Road between Schoolcraft Road and the C & 0 Railway in the Northwest 1/4 of Section 29, which property is zoned M-2, and the Council having conducted a public hearing with regard to to this matter on September 11, 1972, pursuant to Council resolution No. 632-72, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition No. 72-5-2-8 is hereby denied for the following reasons which are in addition to those set forth in the afore- said action of the City Planning Commission: 1. The proposed use would have a detrimental effect on the surrounding neighborhood and would unduly conflict with normal traffic in this area. 2. Although the proposed asphalt plant purports to meet standards outlined by the Wayne County Inter-Pollution Control Board, the operation would be such that complete control of fugitive dust created by the number of trucks and equipment within and to and from the subject property will cause a pollution problem to the area. 3. The operation of an asphalt plant in this sector of the City will be a detriment to the further development of manu- facturing facilities east of Levan Road adjacent to and in the immediate vicinity of the new Industrial Road located between Schoolcraft Road and the C & 0 Railway in Section 29, as well as further development of properties immediately surrounding subject property. 4. The proposed use is another example of an operation not unlike the existing undesirable uses, such as construction yards, bump shops and an asphalt plant, and there is no need to introduce more of such uses which are contrary to the orderly growth and development of the industrial belt and of this area in particular. 13255 5. The Industrial Development Commission in its letter of May 30, 1972 to the Planning Commission regarding subject petition makes the following statement: "The Industrial Development Commission, although charged with the over- all task of encouraging new industrial development to Livonia, cannot support this petition." A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #879-72 RESOLVED, that the Committee of the Whole having considered at its meeting of September 20, 1972 the Feasibility Study prepared by the firm of Ralls-Hamill-Becker Associates, Inc. pursuant to Council resolution No. 481-72, in connection with the possible use of the City Hall as a Civic Center Main Library, the Council does hereby determine to refer this matter to the Mayor and the Budget Director with the request that a report and recommendation be submitted concerning available methods to finance the construction of and, thereafter, operate the proposed Civic Center Main Library in accordance with the options set forth in the aforesaid study, and the firm of Ralls-Hamill Becker Associates, Inc. together with the Chief Librarian are also requested to provide such information and assistance as may be necessary in the compilation of the aforesaid report and recommenda- tion. P. roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #880-72 RESOLVED, that the Committee of the Whole having in its meeting conducted on September 20, 1972 considered a communication dated July 12, 1972 from the City Planning Commission which transmits a study entitled "Plymouth Road Beautification Plan - Phase I," the Council does hereby determine to take this means to indicate its approval in general to the concept set forth in the aforesaid Study and does, further, refer this matter to the Mayor for his report and recommendation on methods available to implement the same. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. 13256 By Councilman McCann, seconded by Councilman Bennett, and unanimously Ladopted, it was #881-72 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 aenda. By Councilman Ventura, seconded by Councilman McCann, it was #882-72 RESOLVED, that having considered the report and recommendation dated September 6, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 8 of Council Resolution No. 330-72, adopted on April 12, 1972, so as to further reduce the Financial Assurances now on deposit with the City of General Improvement in Nottingham Woods West Subdi- vision No. 2, to $175,000.00 of which $10,000.00 shall be in cash, to cover the cost of remaining improvements in said subdivision, and the Financial Assurances now on deposit with the City, if any, shall be reduced according ly; further, the financial assurances now on deposit with the City for sidgwalk improvements shall remain the same and unchanged; 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 and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication dated May 9, 1972 from the City Planning Commission which sets forth its resolution No. 4-119-72 with regard. to Petition No. 72-3-1-17 submitted by Nicholas George, Nicholas George Theatres, for a change of zoning on property located on the east side of Farmington Road, north of Plymouth Road, in the Southwest 1/4 of Section 27, from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on September 25, 1972, pursuant to Council resolution No. 693-72, the Council does hereby concur with the recom- mendation of the Planning Commission and the said Petition No. 72-3-1-17 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: Bennett and Brown. LNAYS: McCann, Ventura, Raymond and Nash. The President declared the resolution DENIED. 13257 By Councilman Ventura, seconded by Councilman Raymond, it was 4883-72 RESOLVED, that having considered a communication dated May 9, 1972 from the City Planning Commission which sets forth its resolution No. 4-119-72 with regard to Petition No. 72-3-1-17 submitted by Nicholas George, Nicholas George Theatres, for a change of zoning on property located on the east side of Farmington Road, north of Plymouth Road, in the Southwest 1/4 of Section 27, from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on September 25, 1972, pursuant to Council resolution No. 693-72, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 72-3-1-17 is hereby denied for the following reasons: 1. that we are opposed to rezoning any property from the Industrial classification to another zoning classification. 2. that it would generate more traffic in an already congested area. 3. that a C-2 zoning classification would be detrimental to the City in that it would result in lower personal property tax revenue. By Councilman Bennett, seconded by Councilman Brown, it was RESOLVED, that having considered a communication dated May 9, 1972 from the City Planning Commission which sets forth its resolution No. 4-119-72 with regard to Petition No. 72-3-1-17 submitted by Nicholas George, Nicholas George Theatres, for a change of zoning on property located on the east side of Farmington Road, north of Plymouth Road, in the Southwest 1/4 of Section 27, from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on September 25, 1972,pursuant to Council resolution No. 693-72, the Council does hereby determine to refer this matter to the study session to be conducted on October 2, 1972. A roll call vote was taken on the motion to refer with the following result. AYES: Bennett and Brown. NAYS: McCann, Ventura, Raymond and Nash. ME President declared the motion to refer DENIED. A toll call vote was taken on the original resolution with the following result: AYES: McCann, Ventura, Raymond and Nash. NAYS: Bennett and Brown. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was 13258 #884-72 RESOLVED, that having considered certain complaints received concerning excessive noise and vandalism caused by users of motorcycles aria minibikes in and about the vicinity of Parksite "B" in Section 2, the Council does hereby request the Director of Public Safety-Police to investigate this matter and, thereafter, submit his report and recommenda- tion. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #885-72 RESOLVED, that in accordance with Section 6-105 of the Livonia Code of Ordinances, the Traffic Commission is hereby requested to adopt rules and regulations prohibiting the making of left turns for eastbound traffic on Six Mile Road in the area of Stevenson High School upon a proper showing being made for the necessity of the same. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, this 744th regular meeting of the Council of the City of Livonia, was duly adjourned at 9:20 P. M., September 27, 1972. ADDISON W. BACON, rk.