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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-02-16 12752 L MINUTES OF THE SEVEN HUNDRED TWENTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 16, 1972, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:10 P. M.. Councilman Brown 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. E']ected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works; Ronald Mardiros, City Assessor; Dan Gilmartin, Industrial Coordinator; G. E. Siemert, City Engineer; John Nagy, City Planner; John T. Dufour, Superintendent of Parks and Recreation; Robert Turner, Police Chief; H. L. Bridges, Assistant City Assessor; James Miller, Personnel Director; Carl Demek, Superintendent of Operations Division; John Bunk, Fire Department; Frank Kerby, Chief Building Inspector; Jack Dodge, Budget Director; John McCann, Wayne County Commissioner; Dan Andrew and Charles Pinto of the Planning Commission; Michael Reiser and James Wilson of the Water and Sewer Board. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was 1,130-72 RESOLVED, that the minutes of the 728th regular meeting of the Council of the City of Livonia, held on February 2, 1972, are hereby approved. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #131-72 RESOLVED, that the minutes of the 140th special meeting of the imp Council of the City of Livonia, held on February 7, 1972, are hereby approved. 12753 LBy Councilman Ventura, seconded by Councilman Milligan, it was #132-72 RESOLVED, that having considered the verbal report from the City Clerk, relative to damage done to City-owned property by the Telischak Trucking Company of Livonia, Michigan, the Council hereby authorizes the City Clerk to accept full settlement of claim in the amount of $901.21 from the said firm's Insurance Carrier, the Fireman's Fund American Insur- ance Companies. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The communication dated January 25, 1972 from the Department of Natural Resources, with respect to the status of progress by City under the Commission's Order of Determination, was received and filed for the information of the Council. The communication from the Planning Commission dated January 26, 1972, transmitting Traffic Study, Six Mile Road - Haggerty Road to Newburgh Road - Traffic Engineering Analysis, was received and filed for the information of the Council. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 33 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. 71-8-1-53 FOR CHANGE OF ZONING FROM RUF TO P. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. The Chair, at the request of the City Clerk, removed from the Agenda the item relative to a proposed amendment to the Livonia Code (Section 2-401 of Chapter lip 4) Election Precincts. 12754 By Councilman Ventura, seconded by Councilman Raymond, it was #133-72 RESOLVED, that having considered a communication from the Chief Librarian dated November 22, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Library Commission recommending the designation of an architect to make a feasibility study of the City Hall for possible use as a Civic Center Library, the Council does hereby appoint the firm of Ralls-Hamill- Becker Associates, Inc. for the sum of 51,800.00 as Architect in this regard, further, the Council does hereby request the Department of Law to negotiate a contract for the employment of the said architectural firm for submission to Council for approval. By Councilman Bennett, seconded by Councilman Brown, it was RESOLVED, that the foregoing resolution be amended so as to designate Lindhout Associates in lieu of Ralls-Hamill-Becker Associates, Inc. as architects to make a feasibility study of the City Hall for a Civic Center Library. A roll call vote was taken on the amendment with the following result: AYES: Brown and Bennett. NAYS: Ventura, Raymond, Milligan, McCann and Nash. L The President declared the amendment DENIED. A roll call vote was taken on the original resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #134-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 10, 1971, and revised by a communication dated February 8, 1972 from the City Engineer, on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on February 7, 1972, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code, (1) accept and approve said statement in all respects; imp (2) determine to make the improvement consisting of road improvement in Livonia Gardens Subdivision in the N.E. 1/4 of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; 12755 (3) approve the plans and specifications for said improvement as set forth in said statements dated November 10, 1971 and February 8, 1972, (4) determine that the estimated cost of such improvement is $386,987.98; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the Livonia Public School District (with their concurrence) and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the Livonia Public School District shall be $21,009.80 and by the City shall be $98,858.60 and that the balance of said cost and expense of said public improvement amounting to $267,119.58 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: Lots 17 through 168; 178 through 256; 269 through 347; and 354 through 432 of Livonia Gardens Subdivision as recorded in Liber 55, Page 14, of Wayne County Records, also lots 508b through 51lb; 516b through 519b; 524b through 527b; 532b through 535, 540b through551 of Livonia Gardens Subdivision No. 2, as recorded in Liber 73, Page 55, Wayne County Records; also parcel 22b1 to 22b286 of Livonia Park Subdivision as recorded in Liber 51, Page 92 of Wayne County Records; (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the Livonia Public School District and the City at large, all in accordance with the determination of the City Council; and 12756 (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. By Councilman Raymond, seconded by Councilman McCann, it was #135-72 RESOLVED, that having considered a communication from the Personnel Director dated January 4, 1972, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commis- sion on December 21, 1971, wherein the Commission did recommend that standby time of eight (8) hours of compensatory time per week-end be provided to foremen who are on standby time commencing at 5:00 p. m. on Friday until 7:00 a.m. the Monday morning following, the Council does hereby concur in and approve of such action as an amendment to the Compensation Plan. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, McCann, Bennett and Nash. NAYS: Milligan. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Ventura, it was #136-72 RESOLVED, that having considered a communication dated September 28, 1971 from the City Planning Commission which sets forth its resolution No. 9-244-71 with regard to Petition No. 71-8-1-50 submitted by James F. Finn and Michael J. Michael for a change of zoning of a portion of Lot 20E2a2a1 located on the east side of Levan, south of Five Mile Road in the Northeast 1/4 of Section 20, from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on January 10, 1972, pursuant to Council resolution No. 1016-71, and with respect to which the proposed amendment to the Zoning Ordinance which received First Reading by Councilman Ventura on February 2, 1972, the Council does hereby determine to table the same pending receipt of a Land Use Study for this area from the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Bennett and Nash. NAYS: Milligan and *McCann. The President declared the resolution adopted. 12757 *Councilman McCann made the following statement: My 'no' vote is cast because I would rather have the petition denied at this time. By Councilman Milligan, seconded by Councilman Bennett, it was #137-72 RESOLVED, that having considered a communication dated January 13, 1972 from the City Planning Commission, which transmits its resolution No. 12-338-71 adopted by the Commission on December 14, 1971 with regard to Petition No. 71-11-2-35, submitted by H. Scott Davidson requesting permis- sion to operate an Astro Tune-up Center (automobile) as a waiver use on property zoned C-2 located on the east side of Middlebelt between Five Mile Road and Elsie in the Northeast 1/4 of Section 24, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 71-11-2-35 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recom- mendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result* AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #138-72 RESOLVED, that having considered a communication dated January 24, 1972 from the City Planning Commission, which transmits its resolution No. 1-7-72 adopted by the Commission on January 11, 1972 with regard to Petition No. 71-11-2-36, submitted by Alexander Spiro, 14705 Flamingo Avenue, Livonia, Michigan, requesting permission to construct and operate a seventy-nine bed addition to the existing University Convalescent and Nursing Home, Inc., as a waiver use on property zoned P.S., located on the north side of Five Mile Road between Harrison and Middlebelt Roads in the Southwest 1/4 of Section 13, the Council does hereby concur in the recom- mendation made by the City Planning Commission and Petition No. 71-11-2-36 is hereby approved and granted; such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Plan- ning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Raymond, it was #139-72 RESOLVED, that having considered a communication dated January 24, 1972 from the City Planning Commission which transmits its resolution No. 1-9-72, adopted by the Commission on January 11, 1972, with regard to a request dated November 20, 1971 from David A. Perry, Attorney, requesting 12758 an extension of the approval of Petition No, 70-11-2-22 by Gregory Saragosa for waiver use approval to erect and operate a restaurant with a Class C Liquor License on property located on the south side of Plymouth Road between Levan and Ann Arbor Roads in Section 32, the Council does hereby concur in the recommendation made by the City Planning Commission to grant an extension for a one-year period from the effective date of this resolution, such action to be based upon the same condition as is 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #140-72 RESOLVED, that having considered a report and recommendation of the Chief of the Fire Division dated January 24, 1972, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Ery Ehlers Company, 28245 West Seven Mile Road, Livonia, Michigan, for supplying the City with three window air condition- ers for use at Fire Stations No. 2, 3 and 4, for the price of $475.00 each or a total sum in the amount of $1,425.00, the same having been in ILe fact the lowest bid meeting specifications with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety - Police dated January 26, 1972, approved by the Budget Director and approved for submission by the Mayor, with respect to bids for "Speaker Equipped Rotating Light Bars" the Council does hereby refer this matter to the Study Session to be conducted on February 21, 1972. A roll call vote was taken on the motion to refer, with the following result: AYES: Milligan. NAYS: Brown, Ventura, Raymond, McCann, Bennett and Nash. The President declared the motion to refer DENIED. By Councilman Brown, seconded by Councilman Ventura, it was 12759 #141-72 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated January 26, 1972, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Winder Police Equipment, 4427 Parker, Dearborn Heights, Michigan, 48125, for supplying the City with six Speaker Equipped Rotating Light Bars for the price of $1,139.94, the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, McCann, Bennett and Nash. NAYS: *Milligan. The President declared the resolution adopted. *Councilman Milligan made the following statement. My 'no' vote is cast because the specifications as advertised do not permit sources other than the one recommended by the Police Department to bid,therefore the competitive bidding procedure was not adhered to. By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, it was #142-72 RESOLVED, that the question of bidding specifications that limit bids to specific Fair Market Products,is hereby referred to a Committee of the Whole meeting to be conducted on March 20, 1972 at 7:00 P. M. By Councilman Ventura, seconded by Councilman Brown, it was #143-72 RESOLVED, that having considered a communication dated January 20, 1972 from the Water and Sewer Board, approved by the Budget Director and approved for submission by the Mayor, which transmits its resolution No. WS 1571 1/72, the Council does hereby accept the following low bids for supplying the Water Department with Type "K" Copper Tubing: 1. The bid of Le Ran Copper & Brass Company, P. 0. Box 40, Coldwater, Michigan, 49036, for 2" diameter Type "K" Copper Tubing at $1.28 per foot. 2. The bid of Federal Copper & Aluminum, 1801 Nicollet Avenue, South Minneapolis, Minnesota, 55403, for 1 1/2" diameter at $0.8535 per foot, and 1" diameter at $0.5200 per foot. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 12760 By Councilman Bennett, seconded by Councilman Brown, it was #144-72 RESOLVED, that having considered a communication from the Water and Sewer. Board dated January 20, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits its resolution No. WS 1572 1/72, the Council does hereby accept the bid of Bemis & Son, Inc., P. 0. Box 151, Kalamazoo, Michigan, 49005, for supplying the Water Department with one Bemis Model 71-01 Trailer Mounted Flashing Arrow Board in the amount of $1,495.00, the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #145-72 RESOLVED, that having considered a communication dated January 19, 1972 from the Assistant Assessor, at the request of Mr. and Mrs. Dawson D. Gilmore, 11415 Denne, 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 division or partition of Tax Item 35D30al, 30b1 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into two parcels the legal descriptions of which shall read as follows: Parcel 1 The south 1/2 of a parcel of land in the Northwest 1/4 of Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant South 89° 58' 45" East, along the North line of Section 35, 542.0 ft. and South 505.0 ft. from the Northwest 1/4 corner of Section 35, and proceeding thence South 90.0 ft. thence North 89° 58' 45" West, 258.0 ft. thence North 90.0 ft. thence south 89° 58' 45" East, 256.0 ft. to the point of beginning. Except the East 30 ft. thereof. Parcel 2 The north 1/2 of a parcel of land in the Northwest 1/4 of Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and more particularly described as beginning at a point, which is South 89 degrees 58 minutes 45 seconds East along the North line ofSection 35, 542 feet and due South 415 feet to a point of beginning thence due South 90 feet to a point thence North 89 degrees 58 minutes 45 seconds West, 256 feet thence due North 90 feet to a point, thence South 89 degrees 58 minutes 45 seconds East 256 feet to point of beginning, except the East 30 feet for highway. 12761 as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, McCann, Bennett and Nash. NAYS: Milligan. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Ventura, it was #146-72 RESOLVED, that having considered a communication dated January 27, 1972 from the Assistant Assessor, approved for submission by the Mayor, as requested by Walter Shuster Real Estate, 31500 Northwestern Highway, Farmington, Michigan 48024, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division or partition of Tax Item 27A10a would not be contrary to the spirit and purpose of the afore- said Ordinance and does, accordingly, approve of dividing of same into two parcels, the legal descriptions of which shall read as follows: Parcel "A" North Parcel. The South 400' of the North 648' of the East 100' of the West 1043' of the North 1/2 of the Northeast 1/4 of Section 27, City of Livonia, Wayne County, Michigan. Area - 0.9183 Acres. Parcel "B" South Parcel. The East 100' of the West 1043' of the North 1/2 of the Northeast 1/4 of Section 27, except the North 648' thereof, City of Livonia, Wayne County, Michigan. Area - 1.55 Acres, more or less. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll. call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was 12762 #147-72 RESOLVED, that having considered a communication dated January 28, 1972 from the Assistant Assessor, approved for submission by the Mayor, as requested by Dave Pink Builders, Inc., 25302 W. Warren, Dearborn Heights, Michigan 48127, 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 proposed division and combination of Tax Items 31c321b and 31c322 would not be contrary to the spirit and purpose of the afore- said Ordinance and does, accordingly, approve of dividing and combining of same into one Parcel, the legal description of which shall read as follows: The South 30 feet of Lot 322 and the North 20 feet of Lot 321, Golden Ridge Subdivision, as shown on the map attached to the aforesaid communication which is made a part herebf by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was RESOLVED, that having considered a communication dated February 2, 1972 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. Michael Schwartz, United Homes, Inc., 25310 West Warren, Dearborn Heights, Michigan 48127, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division or partition of Tax Item 03a30 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into four parcels, the legal descriptions of which shall read as follows: Parcel A The West 135 ft. of Lot 30, Folker's Farmington Acres - Being a Sub'n of part of the N. W. 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Twp. (Now City of Livonia), Wayne Co., Michigan. Liber 61 Page 90 W.C.R. Parcel B The East 100 ft. of the West 235 ft. of Lot 30, Folker's Farmington Acres - Being a Sub'n of the N. W. 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Twp. (Now City of Livonia), Wayne Co., Michigan. Liber 61 Page 90 W.C.R. 12763 Parcel C The East 100 ft. of the West 335 ft. of Lot 30, Folker's Farmington Acres - Being a Sub'n of the N.W. 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Twp. (Now City of Livonia), Wayne Co., Michigan. Liber 61 Page 90 W.C.R. Parcel D Lot 30 - except the West 335 ft., Folker's Farmington Acres - Being a Sub'n of the N. W. 1/4 of Section 3, T. 1 S., R. 9 E., Livonia Twp. (Now City of Livonia), Wayne Co., Michigan. Liber 61 Page 90 W.C.R. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann and Bennett. NAYS: Brown, Ventura, Raymond and Nash. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Brown, it was #148-72 RESOLVED, that having considered a communication dated February 2, 1972 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. Michael Schwartz, United Homes, Inc., 25310 West Warren, Dearborn Heights, Michigan 48127, 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, as amended, the City of Livonia Zoning Ordinance, the Council does hereby determine to deny the request for dividing Tax Parcel 03a30 into four parcels since the same would create four parcels which would be in violation of the City's Zoning Ordinance and Law. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Nash. NAYS: Milligan, McCann and Bennett. The President declared the resolution adopted. Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 4-401 (b) and 4-408(e) OF TITLE 4, CHAPTER 4 (ENTERTAINMENT AND AMUSEMENTS); SECTION 4-1011(c) OF TITLE 4,CHAPTER 10 (MOTORCYCLE RENTALS); SECTION 6-217(a) OF TITLE 6,CHAPTER 2 (TAXICABS); SECTIONS 8-101(d) AND 8-104 (e) INCLUDING SUB-SECTIONS (1) AND (2)THEREOF AND 8-104(f) OF TITLE 8,CHAPTE l(MINORS);SECTIONS 8-229, 8-250(f) INCLUDING SUB-SECTIONS (1) AND (2) AND 8-250 12764 (g) OF TITLE 8, CHAPTER 2 (MISDEMEANORS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 9-101, 9-103, 9-104, 9-105, 9-113, 9-114, 9-116, 9-117, 9-124, 9-125, 9-126, 9-127, 9-128 AND 9-130 OF CHAPTER I of TITLE 9 (KNOWN AND CITED AS THE "SUBDIVISION CONTROL ORDINANCE") OF THE LIVONIA CODE OF ORDINANCES AS AMENDED OF THE CITY OF LIVONIA. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance• AN ORDINANCE AMENDING ARTICLE 2, CHAPTER 4 OF TITLE 3 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY REPEALING SECTIONS 3-423, 3-424, 3-425 AND 3-426 THEREOF. 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 Brown, seconded by Councilman Milligan, it was #149-72 RESOLVED, that having considered a communication from the Budget Director dated January 31, 1972, approved for submission by the Mayor, to which is attached a communication from the Wayne County Treasurer requesting reimbursement for overpayment made by the County to the City on the State Income Tax Distribution for distribution made from May, 1970 12765 through November 30, 1971, in the amount of $66,377.16, the Council does hereby determine to authorize the expenditure of the sum of $66,377.16 from the Revenue Account No. 567 (State Income Tax) for this purpose; and the City Treasurer and City Clerk are hereby requested to do all things necessary or incidental in fulfilling the purpose of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #150-72 RESOLVED, that having considered a communication from the Personnel Director dated January 13, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Board of Trustees of the Livonia Employees Retirement System on October 28, 1971, wherein a request is made for an appropriation in order for the aforesaid Board of Trustees to obtain membership for one year in the National Foundation of Health, Welfare and Pension Plans, Incorporated, the Council does hereby appropriate and authorize the expenditure of the sum of $125.00 from the Unexpended Fund Balance Account for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #151-72 RESOLVED, that having considered a communication from the Mayor dated December 22, 1971, which submits a proposed resolution and a proposed ordinance amendment with respect to the alarm system connected to the Police Dispatch Board, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Brown, it was 12766 #152-71 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated January 14, 1972, approved by the Budget Director and approved for submission by the Mayor, wherein the Commission recommends that the price of tickets for the Indoor Ice Show to be held at the Ford Arena April 7, 8 and 9, 1972, be established in the amount of $1.25 for adults and .50¢ for children, the Council does hereby concur in and approve of such action and the Superintendent of Parks and Recreation is hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #153-72 RESOLVED, that having considered a communication from the Kue 'N' Karom Billiards, Inc., dated January 18, 1972, with regard to the tourna- ment to be conducted at the Cushion 'N' Cue Billiard Lounges, 27630 Schoolcraft Road, Livonia, Michigan, i.e. Michigan Open Mens' and Michigan Open Womens' Straight Pool Championships, on May 19, 20 and 21, 1972, the Council does hereby determine that for purposes and limited to this tournament only on the dates and at the location aforesaid, the time regulations set forth in Section 4-401 shall be waived to the extent necessary beyond the normal 2.00 A.M. curfew in order to permit completion of matches conducted in connection with this tournament. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #154-72 RESOLVED, that having considered a communication from the Rosedale Gardens Civic Association dated January 24, 1972, with regard to sidewalk replacement previously authorized in Council resolution No. 678-71 adopted on July 28, 1971, the Council does hereby determine to rescind Council Resolution No. 678-71 for the reasons stated in the aforesaid communication. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #155-72 RESOLVED, that the Council having considered a communication dated February 15, 1972 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 repaving of streets in Rosedale Gardens Subdivision in Section 34, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and 12767 Lsuch 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 to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his 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, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of February 15, 1972 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, March 27, 1972 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which Public Hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said. Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman McCann, seconded by Councilman Bennett, it was L #156-72 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated January 18, 1972 with regard to the landscaping of the boulevard islands located on Five Mile and Farmington Roads, the Council does hereby determine to concur in and approve of Alternate Plan I as recommended in the aforesaid communication and does for this purpose authorize the transfer of the sum of S9,000.00 from the Unexpended Fund Balance Account to Account No. 781-970 in order to purchase a tree remover; further, the Council does hereby appropriate and transfer the sum of $8,000.00 from the 9.8 Million Dollar General Obligation Street and Road Bond Issue for the purpose of purchasing stock as indicated in the aforesaid communication; and the Superintendent of Parks and Recreation and the Budget Director are hereby requested to do all things necessary in the preparation of specifications and, thereafter, advertising in accordance with provisions of law and City Charter in orde:T!. to obtain competitive bids for submission to Council with respect to the purchase of the aforesaid items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. At 9:40 p. m., a recess was called, after which the meeting resumed with imp all members present who were named as present in the original roll call of this meeting. 12768 By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #157-72 RESOLVED, that having considered action taken by the Livonia Board of Education authorizing a long term lease to be entered into with the City of Livonia for property located immediately west of Buchanan School for community recreation and/or cultural use for a period of 50 years duration, the Council does hereby refer the same to its Committee of the Whole for consideration at a meeting to be conducted on February 23, 1972 at 7:00 P. M. By Councilman Bennett, seconded by Councilman Brown, it was #158-72 RESOLVED, that having considered a letter dated February 3, 1972 from the Allied Veterans Committee of Livonia, Michigan, regarding the Memorial Day Parade for 1972 to be conducted on May 29, 1972 between the hours of 10:00 a.m. and 1:30 p.m., the Council does hereby grant permission to the said Allied Veterans Committee to conduct such parade on Farmington Road beginning North of Six Mile Road and ending South of Five Mile Road in the Police Station area; further, the Council does hereby request the Parks and Recreation Commission together with interested citizens to do all things necessary in organizing and in assisting with such parade and for this purpose to expend a sum not to exceed $500.00 from Account No. 101-885; further, the Council does hereby request the Director of Public Safety-Police to extend all necessary assistance of the Police Department with respect to all matters under its jurisdiction which may be required or pertinent to the conduct and success of the Memorial Day activities. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #159-72 RESOLVED, that in accordance with provisions set forth in Article XXIII, Section 23.01 (a) the Council does hereby determine on its own motion to refer to the City Planning Commission for the purpose of con- ducting a public hearing and, thereafter, submitting a report and recom- mendation to Council, a proposed amendment to Sections 11.02 and 11.03 of the Livonia Zoning Ordinance, Ordinance No. 54+3, as amended, which would provide that henceforth enclosed theaters would no longer be a permitted use in a C-2 District and would henceforth be permitted only as a "waiver use." A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: Bennett. The President declared the resolution adopted. 12769 By Councilman Ventura, seconded by Councilman Bennett, it was #160-72 RESOLVED, that the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council approves an application made for a Michigan Liquor Control Commis- sion Class "C" Liquor License "above all others" from Sam Moy for a new full year Class "C" License to be located at 16911 Middlebelt Road, Livonia, Michigan, as referred to in a communication from the Michigan Liquor Control Commission dated August 19, 1969, as well as in communica- tions dated August 13, 1969 and August 16, 1971 from Mr. Rodney C. Kropf, Attorney, such approval being subject to and conditioned upon compliance by the applicant with the following conditions : 1. That the license will be put to use within the City of Livonia within 2 years from the date of issuance by the Michigan Liquor Control Commission. 2. That the license will be used at the location indicated by the applicant in accordance with plans and other communications submitted to the Council. 3. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 4. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked except to the extent that the applicant may be permitted to seek modification of condition No. 2 above, upon approval of such modification by the City Council based upon a show- ing of good cause; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commis- sion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #161-72 RESOLVED, that the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council approves an application made for a Michigan Liquor Control Commis- sion Class "C" Liquor License "above all others" from Rocco Corsi for a new full year Class "C" License to be located at 27910 West Seven Mile Road, Livonia, Michigan, as referred to in a communication from the Michigan Liquor Control Commission dated July 10, 1969, as well as in com- munications dated July 7, 1969 and August 16, 1971 from Mr. Rodney C.Kropf, Attorney, such approval being subject to and conditioned upon compliance by the applicant with the following conditions * 12770 L 1. That the license will be put to use within the City of Livonia within 2 years from the date of issuance by the Michigan Liquor Control Commission. 2. That the license will be used at the location indicated by the applicant in accordance with plans and other communications submitted to the Council. 3. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 4. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked except to the extent that the applicant may be permitted to seek modification of condition No. 2 above, upon approval of such modification by the City Council based upon a showing of good cause, and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann, it was #162-72 RESOLVED, that the Council does hereby determine to take this means to advise the Michigan Liquor. Control Commission that the City Council approves an application made for a Michigan Liquor Control Commis- sion Class "C" Liquor License "above all others" from Charles E. Roy for a new full year Class "C" License to be located on Eight Mile Road, Livonia, Michigan, as referred to in a communication from the Michigan Liquor Control Commission dated April 8, 1970, as well as a communication dated September 13, 1971, such approval being subject to and conditioned upon compliance by the applicant with the following conditions: 1. That the license will be put to use within the City of Livonia within 2 years from the date of issuance by the Michigan Liquor Control Commission. 2. That the license will be used at the location indicated L by the applicant in accordance with plans and other communica- tions submitted to the Council. 3. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 12771 4. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked except to the extent that the applicant may be permitted to seek modification of condition No. 2 above, upon approval of such modification by the City Council based upon a showing of good cause, and the City Clerk is hereby requested to transmit 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: Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann, it was #163-72 RESOLVED, that the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council approves an application made for a Michigan Liquor Control Commis- sion Class "C" Liquor License "above all others" from Marvin Chin for a new full year Class "C" License to be located in Livonia, Michigan, as referred to in a communication from the Michigan Liquor Control Commission dated June 18, 1970, as well as a communication dated September 2, 1971, such approval being subject to and conditioned upon compliance by the applicant with the following conditions : 1. That the license will be put to use within the City of Livonia within 2 years from the date of issuance by the Michigan Liquor Control Commission. 2. That the license will be used at the location indicated by the applicant in accordance with plans and other communi- cations submitted to the Council. 3. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 4. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked except to the extent that the applicant may be permitted to seek modification of condition No. 2 above, upon approval of such modification by the City Council based upon a showing of good cause; and the City Clerk is hereby requested to transmit a certified copy of this resolution to the Michigan Liquor Control Commission. 12772 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #164-72 RESOLVED, that the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council approves an application made for a Michigan Liquor Control Commis- sion Class "C" Liquor License "above all others" from John Del Signore for a new full year Class "C" License to be located at 32030 Plymouth Road, Livonia, Michigan, as referred to in a communication from the Michigan. Liquor Control Commission dated November 24, 1970, as well as a communication dated September 13, 1971, such approval being subject to and conditioned upon compliance by the applicant with the following conditions : 1. That the license will be put to use within the City of Livonia within 2 years from the date of issuance by the Michigan Liquor Control Commission. 2. That the license will be used at the location indicated by the applicant in accordance with plans and other communications submitted to the Council. 3. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 4. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. In the event that the applicant fails to comply with any of the aforesaid. conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked except to the extent that the applicant may be permitted to seek modification%of condition No. 2 above, upon approval of such modification by the City Council based upon a showing of good cause; and the City Clerk is hereby requested to transmit 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: Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. impThe President declared the resolution adopted. 12773 By Councilman Ventura, seconded by Councilman McCann, it was 4165-72 RESOLVED, that the Council does hereby determine to take this means to advise the Michigan Liquor Control Commission that the City Council approves an application made for a Michigan Liquor Control Commis- sion Class "C" Liquor License "above all others" from Joseph J. Bargagna for a new full year Class "C" License to be located at 28277 Plymouth Road, Livonia, Michigan, as referred to in a communication from the Michigan Liquor Control Commission dated January 4, 1972, such approval being subject to and conditioned upon compliance by the applicant with the following conditions: 1. That the license will be put to use within the City of Livonia within 2 years from the date of issuance by the Michigan Liquor Control Commission. 2. That the license will be used at the location indicated by the applicant in accordance with plans and other communications submitted to the Council. 3. That the license will be used in a facility which is also used for serving of food to be consumed on the premises. 4. That the license will not be transferred, sold or assigned to a third party prior to actual use by the applicant. In the event that the applicant fails to comply with any of the aforesaid conditions in any manner whatsoever, this approval shall immediately and automatically be deemed invalid and revoked except to the extent that the applicant may be permitted to seek modification of condition No. 2 above, upon approval of such modification by the City Council based upon a showing of good cause; and the City Clerk is hereby requested to transmit 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: Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman McCann, it was 4166-72 RESOLVED, that having considered a communication dated January 31, 1972 from the Michigan Liquor Control Commission with regard to an application from Mary E. Barnett, 15520 Woodring, Livonia, Michigan, for a new full year Class "C" License to be located in the City of Livonia, the Council does hereby determine to refer the same to its Committee of the Whole for its consideration along with all other such applications. 12774 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann and Nash. NAYS: *Ventura and Bennett. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'no' vote is cast because I feel that the petitioner should have the opportunity to appear before the Council in order to present their. plans. By Councilman McCann, seconded by Councilman Ventura, it was #167-72 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated October 15, 1971, and the report and recommendation of the Acting Chief of Police dated January 27, 1972, in connection therewith, the Council does hereby approve of the request from Ark Recreation Corporation for transfer of ownership of 1971 Class C Licensed Business with Dance Permit, Official Permit (Bowling) and two Bars located at 30950 Five Mile Road, Livonia, Michigan, 48154, Wayne County, from the Merri-Bowl Company; and the City Clerk is hereby request- ed 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #168-72 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated November 15, 1971 and the report and recommendation of the Acting Chief of Police dated January 27, 1972, in connection therewith, the Council does hereby approve of the request from John M. Tringali and Sebastian Tringali for dropping James and Mary Tringali as partners with them on their 1971 Class C License located at 27770-27788 Plymouth Road, Livonia, Michigan, said establishment is known as "Mama Mia" Restaurant; and the City Clerk is hereby requested to forward a certified copy of the resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was 12775 #169-72 WHEREAS, pursuant to the Direction of the City Council in its resolution No. 878-71 adopted on September 22, 1971, 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 February 1, 1972 an assessment roll dated January 21, 1972 covering the proposed installation of ornamental street lighting with underground wiring in Tiffany Park Subdivision No. 5 in Section 19, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the pro- posed special assessment heretofore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 878-71; 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 here- by is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, March 27, 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 circulat- ed generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of Monday, March 27, 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 Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #170-72 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, March 27, 1972 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. 71-12-6-9 submitted by the City Planning lbw Commission on its own motion to amend Paragraph 18 of Section 2.10, Definitions of Miscellaneous Terms of Zoning Ordinance No. 543, by adding detailed require- ments to the definitions of Site Plan, the City Plan- ning Commission having in its resolution No. 1-5-72 recommended to the City Council that Petition No. 71-12-6-9 be approved; 12776 2, Petition No. 69-2-6-2 (rehearing) submitted by the Plan- ning Commission pursuant to Council resolution No. 885-71 to amend Article XVIII of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, by adding Section 18.58, Site Plan Review and Approval, the City Planning Commission having in its resolution No. 1-6-72 recommended to the City Council that Petition No. 69-2-6-2 be approved; 3. Petition No. 71-10-1-67 submitted by Ager Building Company, 20715 Northome, Southfield, Michigan, for a change of zoning of property located south of Seven Mile Road between Wayne and Levan Roads in the Northeast 1/4 of Section 8, from R-4 to R-3, the City Planning Commission having in its resolution No. 12-322-71 recommended to the City Council that Petition No. 71-10-1-67 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 nature of the proposed amendments to the Zoning Ordinance and the location of the proposed change of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owniing 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 McCann, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication dated November 5, 1971 from the City Planning Commission which sets forth its resolution No. 11-293-71 with regard to Petition No. 71-8-1-52 submitted by Robert C. Horvath for Livonia Associates for a change of zoning on property located on the south side of Eight Mile Road between Farmington Road and Gill Road in the Northeast 1/4 of Section 4, from RUF to C-4, and the Council having conducted a public hearing with regard to this matter on December 13, 1971 pursuant to Council. resolution No. 1028-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-8-1-52 is hereby approved and granted as amended, 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 resolu- L tion. A roll call vote was taken on the foregoing resolution with the following result- AYES: Raymond, McCann and Nash. NAYS: Brown, Ventura, Milligan and Bennett. The President declared the resolution DENIED. 12777 By Councilman Ventura, seconded by Councilman Bennett, it was #171-72 RESOLVED, that having considered a communication dated November 5, 1971 from the City Planning Commission which sets forth its resolution No. 11-293-71 with regard to Petition No. 71-8-1-52 submitted by Robert C. Horvath for Livonia Associates for a change of zoning on property located on the south side of Eight Mile Road between Farmington Road and Gill Road in the Northeast 1/4 of Section 4, from RUF to C-4, and the Council having conducted a public hearing with regard to this matter on December 13, 1971 pursuant to Council resolution No. 1028-71, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 71-8-1-52 is hereby denied for the following reasons. 1. A development of the intensity as permitted under the proposed rezoning in this sector of the City would adversely affect the stability of the adjacent single-family residential develop- ment and it would tend to convert all the residential development presently exising between the area under petition and Farmington Road to nonresidential uses of the "strip commercial type". 2. The condition of Gill Road and Eight Mile Road is such that the development of the intensity comparable to a regional shopping center would over burden the existing roads and result inhazardous traffic conditions. 3. The need for regional shopping facilities in this sector of the City as well as in the City of Livonia have already been adequately met and there is no need to provide additional regional shopping facilities to the detriment of the existing centers within the community. 4. The proposed zoning classification would be detrimental to and adversely affect the orderly and appropriate development of the surrounding area. It would severely affect the stability of all abutting residential development and residentially zoned property. 5. The proposed zoning classification would discourage the continued use and enjoyment of the single-family residential property and residentially zoned properties located to the east of the area under petition. 6. The physical shape and form of the proposed commercial zoning does not appear to logically relate to any overall development pattern for the general area or take into account the future use and development of lands located to the east and separating the area under petition from Farmington Road. The overall plan does not take into account or provide for the conversion of these separately owned residential parcels of land into a consistent and harmonious overall development pattern. 12778 7.It is poor planning to locate a regional shopping facility immediately behind occupied single-family homes. With the implementation of the center, it is only logical to expect these home sites to be converted into nonresidential uses of a strip commercial type located in front of the regional center and stripped along the abutting mile road. 8. The proposed rezoning providing for the intensity of develop- ment comparable to a regional shopping center would place severe demands on public utilities and public facilities in this sector of the City which would over burden the existing capacity of these utilities to accomodate the future intended uses. A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Ventura, Milligan and Bennett. NAYS: *Raymond, McCann and Nash, The President declared the resolution adopted. *Councilman Raymond made the following statement: My 'no' vote is cast because I do not believe the reasons as stated for denial are correct and are not those that have been presented for denial before this Council. By Councilman Ventura, seconded by Councilman Brown, it was #172-72 RESOLVED, that having considered a communication dated November 5, 1971 from the City Planning Commission which sets forth its resolution No. 11-292-71 with regard to Petition No. 71-8-1-51 submitted by Robert C. Horvath for Livonia Associates for a change of zoning on property located on the east side of Gill Road, south of Eight Mile Road, in the Northeast 1/4 of Section 4, from RUF to R-8, and the Council having conducted a public hearing with regard to this matter on December 13, 1971 pursuant to Council resolution No. 1028-71, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 71-8-1-51 is hereby denied for the following reasons . 1. The intrusion of multi family development in this area could adversely affect the stability of the nearby existing single family residential development. 2. The proposed rezoning allowing for high intensity multi-family uses on 35 acres of land would not be of such size, location and character as to be in harmony with the appropriate and orderly development of the surrounding area. 3. The location and size of the area proposed to be rezoned to the intensity of the permitted use of high-rise multi-family development and its relationship to the street, Hix Road, giving access shall be such that the traffic to and from the site will be hazardous, inconvenient to the neighborhood and conflict with the normal traffic of the neighborhood. 12779 4. The demands on public utilities and public facilities in this sector of the City would be over burdened by the intrusion of high density multi-family development. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan and Bennett. NAYS: McCann and Nash. The President declared the resolution adopted, The communication from the City Planning Commission dated January 24, 1972, withdrawing Petition No, 70-10-1-41 from further action, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #173-72 RESOLVED, that having considered a communication from the Planning Director dated January 21, 1972, with respect to Petition No. 71-11-3-10 and pursuant to Council resolution No. 1138-71 wherein a request is made for the vacating of a private easement for public utilities and surface drainage located at the rear of Lots 34, 35 and 36 of Meadowview Subdivision, part of the east one-half of Section 20 and part of the west one-half of Section 21, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, the Council does hereby determine to take no further action at this time with respect to this matter. By Councilman Milligan, seconded by Councilman McCann, it was #174-72 RESOLVED, that having considered a communication dated February 4, 1972, from the Department of Law transmitting for acceptance a Grant of Easement dated January 31, 1972, executed by Mary H. Arbuckle, a widow, conveying to the City aneasement in connection with the construction of a storm sewer, which easement is more particularly described as: A twenty (20.00) foot wide easement being more particularly described as being the west 20.00 feet of that portion of Lot 766, which is adjacent to Lot 767 and North of Hampshire Drive in Coventry Gardens Subdivision of the S. E. 1/4 of Section 16, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Wayne County Records, Liber 55, Page 35 (Bureau of Taxation Parcel 16a766) the Council does herein for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is herein 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. 12780 A roll call vote was taken on the foregoing resolution with the following result: AYES : Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #175-72 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #176-72 RESOLVED, that having considered a communication from the Mayor dated February 7, 1972, with regard to the action taken by the Council at its regular meeting of February 2, 1972 in Council resolution No. 94-72 with respect to the proposal of Michigan Tree Service for removal of certain elm trees and walnut trees in the Bell Creek Flood Plain Area, the Council does hereby determine to rescind Council Resolution No. 94-72 for the reasons indicated in the aforesaid communication. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it vas #177-72 RESOLVED, that having considered a communication from the Mayor dated February 7, 1972 with respect to the removal of certain elm trees and walnut trees in the Bell Creek Flood Plain Area, the Council does hereby determine to refer this matter to a Committee of the Whole meeting to be conducted on March 15, 1972 at 7:00 P. M. By Councilman Bennett, seconded by Councilman Milligan, it was #178-72 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee dated February 8, 1972 and submitted pursuant to Council resolution No. 75-72 with regard to a communication from the Water & Sewer Board dated January 31, 1972, approved for submis- sion by the Mayor, which transmits its resolution No. WS 1577 1/72, the Council does hereby determine to approve the Water Budget, as revised under date of February 15, 1972, for the Fiscal Year 1972-1973 subject to the following modifications being included therein. 1. That Schedule A show depreciation reserve amounts. 2. That Schedules C & D show Payroll Taxes and Employee Benefits as a part of Personal Services costs to truly reflect total labor costs. 3. That the encumbered Capital Outlay amounts from the previous year be itemized on Schedule E. 12781 A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Milligan, it was #179-72 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee dated February 8, 1972 and submitted pursuant to Council resolution No. 75-72 with regard to a communication from the Water & Sewer Board dated January 31, 1972, approved for submis- sion by the Mayor, which transmits its resolution No. WS 1578 1/72, the Council does hereby determine to approve the Sewer Budget, as revised under date of February 15, 1972, for the Fiscal Year 1972-1973 subject to the following modifications being included therein: 1. That Schedule A show depreciation reserve amounts. 2. That Schedules C & D show Payroll Taxes and Employee Benefits as a part of Personal Services costs to truly reflect total labor costs. 3. That the encumbered Capital Outlay amounts from the Lprevious year be itemized on Schedule E. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #180-72 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee dated February 8, 1972, the Council does hereby request that the Water and Sewer Board conduct a study and, thereafter, submit its report and recommendation on ,a proposal to establish a "sinking fund" program for the payment of bonded indebtedness for both Water Lines and Sewers. Councilman Brown gave first reading to the following Ordinance- AN ORDINANCE AMENDING SECTION 13 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 L OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 71-9-1-57 FOR CHANGE OF ZONING FROM RUF TO P. 12782 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, this 729th regular meeting of the Council of the City of Livonia was duly adjourned at 10:55 P. M., February 16, 1972, ADDISON W. B'CO A City Clerk.