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HomeMy WebLinkAboutCOUNCIL MINUTES 1974-01-16 14156 I. MINUTES OF THE SEVEN HUNDRED SEVENTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 16, 1974, 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 8:00 P. M.. Councilman Ventura delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Robert E. Bishop, Peter A. Ventura, Jerry Raymond, Jerry H. Brown, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Robert M. Feinberg, Assistant City Attorney; John T. Dufour, Superintendent of Parks and Recreation; Ronald Mardiros, City Assessor; Daniel Gilmartin, Industrial Coordina- tor; Jack Dodge, Finance Director; Gary Clark, Acting City Engineer; G. E. Siemert, LDirector of Public Works; John Nagy, City Planner; Stanley Bien, Chief Librarian; John Bunk, Fire Chief; Darald Jennings, Secretary, Housing Commission; Russell Gronevelt, Superintendent of Operations Division, James Mogan, Acting Police Chief; Daniel Andrew, Planning Commission; Suzanne H. Taylor, Planning Commission; and William LaPine of the Zoning Board of Appeals. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #8-74 RESOLVED, that the minutes of the 776th regular meeting of the Council of the City of Livonia, held January 9, 1974, are hereby approved. By Councilman Bennett, seconded by Councilman Ventura, it was RESOLVED that, having considered the veto by the Mayor, dated January 3, 1974 of resolution #1030-73 adopted by the Council on December 19, 1973, the Council does hereby readopt said resolution #1030-73 the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result: LAYES: Raymond and Bennett. NAYS: Ventura, Brown, McCann, Bishop and Nash. 14157 The President declared the resolution denied for the lack of five affirmative votes, and the Mayor's veto sustained. By Councilman Raymond, seconded by Councilman Bennett, it was #9-74 RESOLVED, that the Council does hereby request our State Representa- tives, either individually or collectively, to seek from the Attorney General an opinion as to whether the Mayor of a Home Rule City, namely the City of Livonia, may veto an action of the City Council which recom- mended a preferred designation "above all others" to the Michigan Liquor Control Commission, with respect to the issuance of a"Class C" License within the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Bishop and Nash. NAYS: Ventura, Brown and McCann. The President declared the resolution adopted. The annual report of the City of Livonia for the fiscal year 1972-73, transmitted by the Mayor under date of December 28, 1973, was received and filed for the information.of the Council. By Councilman Ventura, seconded by Councilman Brown, it was #10-74 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations and the Director of Public Works dated December 7, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor pro tem, the Council does hereby accept the bid of B. F. Goodrich Company, 15150 Michigan 48120, for supply- ing the Operations Division with truck and heavy equipment tires and tubes and for the maintenance and repair of same for a period of one year, com- mencing with the effective date of this resolution, which bid is as follows: Type Size Net Traction Express Custom 900x20, 10 ply $56.48 1000x20, 12 ply 71.59 the same having been in fact the lowest bid received which meets specifica- tions for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. 14158 By Councilman McCann, seconded by Councilman Bishop, it was #11-74 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations and the Director of Public Works dated December 7, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor pro tem, the Council does hereby accept the bid of Firestone Stores, 402 E. Huron, Ann Arbor, Michigan, for supplying the Police Department and Operations Division with passenger car tires and tubes for a period of one year commencing with the effective date of this resolution, which bid is as follows: Type Price 500 Steel Belt $26.51 500 Steel Radial 32.92 the same having been in fact the lowest bid received which meets specifica- tions for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. L By Councilman Brown, seconded by Councilman Bishop, it was #12-74 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations and the Director of Public Works dated November 30, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor pro tem, the Council does hereby accept the bid of Vulcan Signs & Stampings, Inc., 400 E. Berry Avenue, P. 0. Box 850, Foley, Alabama 36535, for supplying the Operations Division with Aluminum Sign Blanks for the price of $2,039.85, the same having been in fact the lowest bid received for this item which meets all specifications A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was RESOLVED, that having considered the report and recommendation of the Budget Director dated December 5, 1973 and approved for submission by the Mayor, the Council does hereby determine to reject all bids received for this item and directs the Budget Director to readvertise for the printing of envelopes. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown and Bennett. NAYS: Ventura, McCann, Bishop and Nash. The President declared the resolution DENIED. 14159 By Councilman McCann, seconded by Councilman Bishop, it was #13.74 RESOLVED, that having considered the report and recommendation of the Budget Director dated December 5, 1973 and approved for submission by the Mayor, the Council does hereby accept the bids of Stylecraft Printing Co., 30440 Industrial Road, Livonia, Michigan 48150, for the printing of envelopes; the Council does hereby accept such bids for the reason that said company is the low bidder in the majority of types and quantities listed. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6-140 OF CHAPTER 1 (TRAFFIC) OF TITLE 6 OF THE LIVONIA CODE OF ORDINANCES, 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. Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING THERETO CHAPTER 23 ENTITLED "ARTS COMMISSION ORDINANCE." 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 Bishop, and unanimously adopted, it was #14-74 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated December 10, 1973, which bears the signature of the Budget Director and is approved for sub- mission by the Mayor, and which submits a proposed amendment to the Misdemeanor Ordinance Section 8-257, the Council does hereby determine to refer this matter to the Legislative Committee for its report and recommend- ation. 14160 By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #15-74 RESOLVED, that having considered a communication from the Depart- ment of Law dated December 13, 1973 which transmits Petition No. 73-7-3-6, being a proposed amendment to the Vacating Ordinance, the Council does hereby determine to take no further action with regard to this matter. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 73-8-3-7) 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 Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #16-74 RESOLVED, that having considered a communication from the Depart- ment of Law dated December 13, 1973 which transmits Petition No. 73-3-6-8, being a proposed amendment to the Zoning Ordinance, the Council does hereby determine to refer this matter to the Committee of the Whole for its report and recommendation, such meeting to be conducted on February 6, 1974 at 8:00 P. M. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #17-74 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated November 21, 1973, which bears the signature of the Budget Director and is approved for sub- mission by the Mayor, with respect to a contract for training of Police personnel by and between the Criminal Justice Institute, and the City of Livonia, the Council does hereby table this matter until such time as a further report and recommendation is received from the Mayor with respect to the same. By Councilman McCann, seconded by Councilman Raymond, it was #18-74 RESOLVED, that having considered a communication from the Person- nel Director dated November 5, 1973 which bears the signature of the Budget Director, is approved for submission by the Mayor and which transmits i, resolution adopted by the Civil Service Commission on October 16, 1973 wherein it is recommended that the rates for Probation Officers I and II be increased as follows: 14161 Title Step 3 Step 4 Step 5 Probation Officer I $5.25 $5.50 $5.75 Probation Officer II 6.25 6.50 6.75, the Council does hereby determine to concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #19-74 RESOLVED, that having considered a communication from the Budget Director dated November 20, 1973 and approved for submission by the Mayor with respect to an increase in salary of the City Assessor, the Council does hereby determine to approve an annual salary of $19,200.00 for the City Assessor, said salary to be effective as of December 1, 1973. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was 420-74 RESOLVED, that having considered a communication from the Water and Sewer Board dated December 18, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor and which transmits resolution No. WS 1887 12/73 adopted by the Board on December 11, 1973 with respect to funding of salary for Public Utility Manager, the Council does hereby authorize the transfer of the sum of $4,500.00 from the Unexpended Salaries to salary for Public Utility Manager, such transfer to be effective as of January 2, 1974. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #21-74 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated November 27, 1973, approved by the Budget Director and approved for submission by the Mayor with respect to increasing the green fees at Whispering Willows Municipal Golf Course, the Council does hereby determine to refer this matter to the Committee of the Whole for its consideration at a meeting to be conducted on February 6, 1974 at 7:00 P. M. 14162 By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #22-74 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated December 17, 1973, approved by the Budget Director and approved for submission by the Mayor with respect to adjusting the swimming rates at Botsford, Clement Circle and Shelden Municipal Pools for the 1974 Season, the Council does hereby determine to refer this matter to the Committee of the Whole for its consideration at a meeting to be conducted on February 6, 1974 at 7:00 P. M. By Councilman Ventura, seconded by Councilman Raymond, it was #23-74 RESOLVED, that having considered a communication from the Engineer- ing Division dated November 29, 1973, approved by the Director of Public Works and approved for submission by the Mayor pro tem, the Council does hereby authorize and request the City Clerk to make application to the Detroit Edison Company, on forms provided by such company, for the instal- lation of two (2) ornamental street lights at the two (2) drive approaches to Ladywood High School on Newburgh Road and for one (1) street light on existing wood pole on Newburgh Road adjacent to the entrance to the Woods Condominium (University Park Drive) essentially in accordance with the diagram attached to the aforesaid communication, it being the determination of the Council that the installation of said lighting is necessary and in the public interest. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. The communication from the Executive Assistant to the Mayor, dated December 13, 1973, with respect to the complaint of Mr. Victor Lanell regarding assessments levied for the improvement of Bobrich Avenue, was received and filed for the informa- tion of the Council. By Councilman Raymond, seconded by Councilman Bennett, it was #24-74 RESOLVED, that the Council does hereby determine to reconsider its action with respect to Council resolution No. 991-73, adopted on November 28, 1973, wherein it rejected the recommendation of the Planning Commission and denied Petition No. 73-10-8-44 to renovate an existing restaurant in the Southwest 1/4 of Section 13. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Brown, Bennett and Bishop. NAYS: Ventura, McCann and Nash. The President declared the motion to reconsider adopted. 14163 By Councilman Bennett, seconded by Councilman Bishop, it was RESOLVED, that the Council does hereby determine to refer the reconsideration of Council resolution No. 991-73, adopted on November 28, 1973, to the next Study Session. A roll call vote was taken on the motion to refer with the following result: AYES: Raymond and Bennett. NAYS: Ventura, Brown, McCann, Bishop and Nash. The President declared the motion to refer DENIED. A new roll call vote was taken with respect to Council resolution No. 991-73, with the following result: AYES: Ventura, Raymond, McCann, Bishop and Nash. NAYS: Brown and Bennett. The President declared the resolution adopted once again rejecting Petition 73-10-8-43. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, i weq' #25-74 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia; the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, February 25, 1974 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition No. 73-9-1-32 submitted by Marvin W. Cherrin for a change of zoning of property located on the south side of Seven Mile Road between Woodring and Shadyside in the North- west 1/4 of Section 10, from R-1 to C-1, the City Planning Commission having in its res- olution No. 11-270-73 recommended to the City Council. that Petition No. 73-9-1-32 be denied; further, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad 14164 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 Brown, seconded by Councilman Bishop, it was #26-74 RESOLVED, that having considered a communication dated December 5, 1973 from the City Planning Commission which transmits its resolution No. 5-110-73 with regard to Petition No. 73-4-3-2 submitted by the City Plan- ning Commission on itc own motion to vacate a portion of Sunset Boulevard located north of. Seven Mile Road, south of Gable, in the Southwest 1/4 of Section 2, City of Livonia, Wayne County, Michigan, the Council does hereby grant the said Petition and Petition No. 73-4-3-2 is hereby approved, subject, however, to the retention of a full width easement over the entire area; and the Department of Law is hereby requested to prepare the neces- sary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. The communication dated December 13, 1973 from the Planning Commission, in response to CR-603-73 (replacement of entrance markers on Plymouth Road at Berwick and Arden Avenues in Rosedale Gardens Subdivision) was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman McCann, it was 427-74 RESOLVED, that having considered a communication from the Budget Director dated December 5, 1973 and approved for submission by the Mayor with regard to delinquent property tax bills, including interest, due on City-owned property, the Council does hereby authorize the sum of $5,.1.13.74 to be appropriated from the Parks and Recreation Facilities Bond and the sum of $960.19 to be appropriated from the 1968 Street Improvement Bond Issue for a total tax payment in the amount of $6,073.93 to be applied as follows: 60' R.O.W. Veronica $ 960.19 Park Site E-24 1,936.54 Park Site E-25 3,060.05 Park Site E-22 117.15 $� 6,073.93 A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. x_4165 L By Councilman Raymond, seconded by Councilman Bennett, it was #28-74 RESOLVED, that having considered a communication from the Bureau of Inspection and the Director of Public Works dated December 12, 1973, approved for submission by the Mayor with regard to the contribution by the Western Wayne Master Plumbers Association in refurbishing the plumbing, installing sewer, fixtures, piping and appurtenances thereto of two need families for their residences in the City of Livonia, the Council does hereby determine in accordance with Section 5-511(b) that the circum- stances involved in these cases are "special or unique" and, accordingly, does hereby waive payment of sewer connection fees and permit fees which would otherwise be required by ordinance; and the Department of Public Works 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: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #29-74 RESOLVED, that having considered a communication from the Planning Director and the Superintendent of Parks and Recreation dated December 10, 1973 and approved for submission by the Mayor, the Council does hereby determine to concur in the recommendation for said land exchange as out- lined in the aforesaid communication and does further direct the City Planning Department, the Division of Engineering and the Department of Law to prepare all maps, diagrams and documents necessary to implement the action taken in this resolution. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication from the Planning Director and the Superintendent of Parks and Recreation dated December 10, 1973 and approved for submission by the Mayor, with respect to a proposed land exchange between the City of Livonia and Chatham Super Markets, Inc., the Council does hereby determine to table this matter until such time as a report is received from the Planning staff with respect to a meeting to be held with adjoining property owners, A roll call vote was taken on the resolution to table with the following result: AYES: Ventura, Raymond and Nash. NAYS: Brown, McCann, Bennett and Bishop, The President declared the motion to table DENIED. LA roll call vote was taken on the original resolution with the following result: AYES: Brown, McCann, Bennett, Bishop and Nash, NAYS: Ventura and Raymond. The President declared the resolution adopted. 14166 The communication dated December 3, 1973 from the Engineering Division to McNeely, Lincoln & Schrader, Inc., with respect to the relocation of tributary of L Bell Branch as it relates to Nottingham Woods West No. 3 Subdivision, was received and filed for the information of the Council. By Councilman Bennett, seconded by Councilman Ventura, it was #30-74 RESOLVED, that having considered a communication from the Division of Engineering dated December 11, 1973, approved by the Director of Public Works and approved for submission by the Mayor, recommending that the City dedicate a certain 20-foot wide public easement through the City-owned Hearthstone Park Site in Section 1, the Council does hereby determine to dedicate said easement to facilitate the construction of a storm sewer only, the legal description of which is as follows: A 20 foot wide easement for the purpose of installing and maintaining a storm drain in, unto and upon a parcel of land in the N. W. 1/4 of Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being described as: Beginning at a point on the southerly line of Out Lot "B" Hearthstone Subdivision, as Lrecorded in Liber 78., pages 86, 87 and 88 of Plats, Wayne County Records, said point being S. 88° 09' 20" W., 641.23' and S. 1° 53' 50" E., 232.0' and S. 73° 08' 50" W., 92.0' from the North 1/4 corner of Section 1, T. 1 S., R. 9 E., ; thence S. 41° E., 30.0'; thence S. 49° W., 20.0' ; thence N. 41° W., 38.97'; thence N. 73° 08' 50" E., 21.92' to the point of beginning. and does further request that the Wayne County Bureau of Taxation record such easement dedication on all maps issued by that office and, further, that the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Bureau of Taxation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Bishop, it was #31-74 RESOLVED, that having considered a communication from the City Clerk dated December 28, 1973, the Council does hereby authorize the pay- ment of the sum of $61,373.00 from Account No. 950-917 to cover an additional premium due the Continental Insurance Companies, the City's Workmen's Compensation carriers. 14167 A roll call vete was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #32-74 RESOLVED, that having considered a communication from the Mayor dated December 26, 1973 with respect to the establishment of an annual salary for the position of Director of Finance and the Committee of the Whole at its meeting of January 14, 1974 having considered this matter, the Council does hereby determine to establish a salary for the Director of Finance in the amount of $24,175.00 per annum, effective January 2, 1974, and further, the matter of the salary of the Director of Finance is hereby referred to the Finance and Insurance Committee of the Council for further study and its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #33-74 RESOLVED, that having considered a communication from the Budget Director dated December 26, 1973 and approved for submission by the Mayor, with respect to the transfer of funds for the position of Director of Finance and the Committee of the Whole at its meeting of January 14, 1974 having considered this matter, the Council does hereby determine to transfer funds for the salary of the Director of Finance as follows: Transfer Transfer Account No. Description To From 210-704 Salaries & Wages Finance Director $22,161 210-705 Salaries & Wages Budget Director $19,816 998-956 Unallocated Appropriations Nu 2,345 , Total $22,161 $22,161 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. 14168 The communication from the Supervisor of Redford Township, with respect to the possible use of the City's Dog Pound Facilities, was received and filed for the information of the Council. By Councilman Bishop, seconded by Councilman Ventura, and unanimously adopted, it was #34-74 RESOLVED, that having considered a communication dated December 13, 1973 from the City Planning Commission which transmits its resolution No. 11-271-73 with regard to Petition No. 73-10-3-8 submitted by the City Planning Commission pursuant to Council resolution No. 704-73 requesting to vacate a public walkway located on the east side of Deborah Court between Lots 94 and 139, Dover Courts Subdivision in the Southwest 1/4 of Section 31, City of Livonia, Wayne County, Michigan, the Council does hereby grant said petition and Petition No. 73-10-3-8 is hereby approved, subject, however, to the retention of a six-foot easement adjacent to the rear property line from Lot 94 to Lot 139, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. By Councilman Brown, seconded by Councilman Raymond, it was #35-74 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated December 19, 1973, which bears the signature of the Budget Director and is approved for sub- mission by the Mayor with respect to the City's participation in a mutual assistance Crime Prevention Unit with the cities of Westland, Garden City, Wayne and Inkster, the Council does hereby determine to transfer the sum of $2,727.00 from Account No.s 304.1 and 969.4 to Account Nos. 304.1 and 969.9 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. The site plan submitted by Brashear, Brashear, and Duggan for Diversified Investment Company (Petition 72-9-1-43) and in response to Council resolution 41032-73 for the Northwest corner. of Seven Mile and Merriman Roads, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was 14169 #36-74 RESOLVED, that having considered a communication dated December 7, 1973 from the Department of Law transmitting for acceptance a Grant of Easement executed on January 2, 1973 by John D. Lehner and Ruth W. Lehner, his wife; Robert W. Curran and Dolores Curran, his wife; and A. J. Etkin Construction Company by Robert E. Johnson, Exec. Vice President, granting. A strip of land, 15 feet wide, for easement for storm sewer whose centerline is described as follows: Commencing at a point 1380.00 feet South and 460.50 feet S. 890-36?-54" E. and 514.00 feet South of the Northwest corner of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, thence South 93.00 feet to the point of ending of this description. the Council does hereby for and on 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: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #37-74 RESOLVED, that having considered a communication dated December 7, 1973 from the Department of Law, transmitting for acceptance a warranty deed executed on December 5, 1973 by Adam Hrapkiewicz and Leona Hrapkiewicz, his wife, conveying to the City the following described property: Lots 34 and 35, Rosedale Gardens No. 1 Subdivision, as recorded in Liber 56, Page 59, Wayne County Records, of part of the North 1/2 of the Northeast 1/4 of Section 34, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty Deed and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city owned and exempt. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. 14170 By Councilman Ventura, seconded by Councilman Raymond, it was #38-74 RESOLVED, that having considered a communication dated December 10, 1973 from the Department of Law transmitting for acceptance three Grants of Easements which documents are more particularly described as follows: 1. Grant of Easement executed on December 4, 1973 by Donald D. Carscadden and Gladys D. Carscadden, his wife, conveying: Easement Description: Part of the S. E. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as follows: Commencing at the South 1/4 corner of said Section 13, and proceeding thence N. 890 49' 00" E., along the South line of said Section 13, a distance of 993.40 feet to a point on the West line of Strathcona Gardens Subdivision, a part of the S.E. 1/4 of said Section 13; thence N. 0° 04' 00" W., along the West line of said subdivision, a distance of 1357.00 feet to a point, said point being the N. W. corner of Lot 29 of said Subdivision; thence N. 89° 49' 00" E., along the north line of said Lot 29 and line extended, a distance of 278.35 feet to a point on the East line of Deering Avenue, said point being the N.W. corner of Lot 78 of said subdivision, said point also being the point of beginning of the parcel of land herein being described; proceeding thence N. 89° 49' 00" E., along the north line of said Lot 78, a distance of 12.00 feet; thence S. 0° 04' 00" E., a distance of 10.00 feet; thence S. 89° 49' 00" W. a distance of 12.00 feet to a point on the East line of said Lot 78, thence N. 0' 04' 00" W., along the East line of said Lot 78, a distance of 10.00 feet to the point of beginning. (Part of Bureau of Taxation Parcel 13e78) 2. Grant of Easement executed on November 21, 1973 by Bernard Marquis and Opal Marquis, his wife, conveying: Easement Description: Part of the S. E. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as follows: Commencing at the South 1/4 corner of said Section 13 and proceeding thence N. 89° 49' 00" E., along the south line of said Section 13, a distance of 993.40 feet to a point on the west line of Strath- cona Gardens Subdivision, a part of the S.E. 1/4 of said Section 13; thence N. 0°04'00" W., along the West line of said subdivision, a distance of 1007.00 feet to a point, said point being the S.W. corner of Lot 23 of said subdivision, said point also being the point of beginning of the parcel of land herein being described; proceeding thence N. 89° 49' 00" E., along the south line of said Lot 23, a distance of 218.35 feet to the East line of said Lot 23; thence N. 0° 04' 00" W., along the East line of said Lot 23, a distance of 10.00 feet; thence S. 89° 49' 00" W., a distance of 218.35 feet to the west line of said Lot 23; thence S. 0° 04' 00" E., along the West line of said Lot 23, a distance of 10.00 feet to the point of beginning. (A part of Bureau of Taxation Parcel 13f23) 14171 3. Grant of Easement executed on November 2, 1973 by Adolph Edward Katz and Jeanette B. Katz, his wife, conveying: Part of the S. E. 1/4 of Section 13, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as follows: Commencing at the center post of said Section 13, and proceeding thence N. 89° 49' 00" E., along the E. and W. 1/4 line of said Section 13; a distance of 665.00 feet to the point of beginning; proceeding thence from said point of beginning N. 89° 49' 00" E. along said East and West 1/4 line a distance of 334.93 feet; thence S. 0° 4' 00" E. a distance of 30.00 feet; thence S. 89° 49' 00" W. a distance of 334.66 feet to the center line of Oak Drive; thence N. 0° 12' 30" W. along said centerline a distance of 30.00 feet to the point of beginning. (A part of Bureau of Taxation Parcel 13M64) the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Grants of Easements 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: imi AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #39-74 RESOLVED, that having considered a communication from the Depart- ment of Law dated December 13, 1973 transmitting for acceptance two Quit Claim Deeds as follows: 1) Quit Claim Deed dated February 7, 1973 executed by John D. Lehner and Ruth W. Lehner, his wife, and Robert W. Curran and Dolores Curran, his wife; and 2) Quit Claim Deed executed on January 30, 1973 by A. J. Etkin Construction Co., a Michigan Corporation, by its president, Alex J. Etkin; each deed conveying the following: Part of the NW 1/4 of Section 28, T. 1 S., R. 9 B., City of Livonia, Wayne County, Michigan, and being more particularly described as follows: Commencing at the Northwest corner of Lot 9 of "Burton & Share Westside Industrial Subdivision," a subdivision of part of the Northwest 1/4 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Liber 92 of Plats on Pages 8 and 9 (Wayne County Records) and thence extending N. 899-21'-53" W. 330.00 feet; thence N. 60.00 feet; thence S. 89°-21'-53" E. 330.00 feet, thence South 60.00 feet along the Westerly line of said "Burton lim & Share Westside Industrial Subdivision," to the point of beginning and containing 0,455 acres of land. (Extension of Glendale Avenue) 14172 The Council does hereby for and in behalf of the City of Livonia accept the aforesaid two Quit Claim Deeds 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 fnll performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was 40-74 RESOLVED, that having considered a communication from the Depart- ment of Law dated December 27, 1973 transmitting for acceptance a Dedica- tion of Right-of-Way executed on August 14, 1973 by Clair-Ann Company by its Partner Herbert Jacob, and by the Michigan National Bank-West Metro, a National Banking Association, by its Chairman, George A. Pierson, conveying: DESCRIPTION: Land in the City of Livonia, Wayne County, Michigan, described as: The East 23 feet of the North 23 feet of Lot 52, Brightmoor Home Acres Subdivision, being a subdivision of part of the Southwest 1/4 of Section 15, T. 1 S., R. 9 E., Livonia Township, Wayne County, Michigan, according to the plat recorded in Liber 51, page 1 of Plats, Wayne County Records. the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Dedication of Right-of-Way 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. P roll call vote was taken on the foregoing resolution with the following result: AYES:Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS:None. By Councilman Ventura, seconded by Councilman Raymond, it was #41-74 RESOLVED, that having considered a communication from the Depart- ment of Law dated December 28, 1973 transmitting for acceptance a Grant of Easement executed on December 19, 1973 by Thurman W. Autry and Lillian E. Autry, his wife, granting: Storm Sewer Easement An easement for storm sewer purposes over and across a parcel of land, 12 ft. in width, located in the NE 1/4 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, said easement being situated 6 ft. on either side of the following described centerline: 14173 Commencing at the SW corner of Lot 820 of Supervisor's Livonia Plat No. 14 Sub'n. as recorded in Liber 70, Page 69 Plats, W.O.R.; thence S. 88° 16' 50" E. along the south line of said Lot 820, 10.5 ft. to a point, said point being the northerly terminus and the point of beginning of the easement centerline herein described; thence S. 0° 41' 44" W. 130 ft. to a point; thence S. 38° 12' 18" W. 164 ft. to a point, said point being the southerly terminus of the easement centerline herein described. the Council does hereby for and on behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the sinP recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the f»17 perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #42-74 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia and based upon the recommenda- tion of the Mayor, dated January 3, 1974, the Council does hereby confirm the reappointment of Mrs. Nancy Jane Wilson, 28004 West Seven Mile Road, Livonia, Michigan, to the Board of Review of the City of Livonia for a term of three years, commencing February 17, 1974 and expiring February 16, 1977. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bishop, and unanimously adopted, it was #43-74 RESOLVED, that the Council having considered a communication dated December 17, 1973 from the Division of Engineering, approved by the Director of Public Works and approved for submission by the Mayor, wherein the Division of Engineering has ascertained the assessed valuation of all property affected by the proposed installation of ornamental street light- ing with underground wiring on the Industrial Road and Westmore Avenue in Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the 14174 number of parcels which are vacant, and having prepared and caused to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recom- mendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the 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 Division of Engineering with the City Clerk under date of December 17, 1973 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, February 25, 1974 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall , 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. *Councilman Raymond was excused at 9:45 p. m. By Councilman Ventura, seconded by Councilman Brown, it was #44-74 RESOLVED, that having considered Petition No. 74-1-3-1 submitted by Autry Electric Company, 20927 Fenkell Avenue, Detroit, Michigan 48223, under date of December 19, 1973 wherein a request is made for the vacating of a certain easement which runs through a proposed addition onto the Hope Picture Frame Company at 34000 Autry Avenue in the Northeast 1/4 of Section 28, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Bishop, seconded by Councilman McCann, and unanimously adopted, it was #45-74 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, February 25, 1974 at 8:00 P. M. at the Livonia City Hall, 3300]. Five Mile Road, Livonia, Michigan, with respect to the following items: 14175 1. Petition No. 73-9-6-13 submitted by the City Planning Commission on its own motion to deter- mine whether or not to amend Ordinance No. 543, the Zoning Ordinance, by deleting from Section 17.03(b) the exception providing that certain uses may be permitted uses upon approval by the City Planning Commission, the City Planning Commission having in its resolution No. 11-272-73 reoomm'nded to the City Council that Petition No. 73-9-6-13 be approved; 2. Petition No. 73-10-6-15 submitted by the City Planning Commission on its own motion re- questing to amend Section 3.01, Zoning Districts of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, by adding thereto the R-8, R-9, C-3, C-4 and P.O. Districts, the City Planning Commission having in its resolution No. 11-274-73 recommended to the City Council that Petition No. 73-10-6-15 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 as set forth above first to be published in the official news- paper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2.10 OF ARTICLE II; SECTION 14.02 OF ARTICLE XIV; SECTION 15.02 OF ARTICLE XV; SECTIONS 16.02 AND 16.11 OF ARTICLE XVI; AND SECTION 17.02 OF ARTICLE XVII OF THE CITY OF LIVONIA ZONING ORDI- NANCE, AS AMENDED. Petition No.73-5-6-11) 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. 14176 Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 3 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. THEi ETO., RE: PETITION 72-9-1-43 FOR CHANGE OF ZONING FROM R-1 AND RUF TO C-1 AND P. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. *Councilman Raymond returned at 9:48 p. m. By Councilman Ventura, seconded by Councilman Bennett, it was #46-74 RESOLVED, that having considered a communication dated September 28, 1973 from the City Planning Commission which sets forth Its resolution No. 9-223-73 with regard to Petition No. 73-5-1-21 submitted by Mr. and Mrs. Enrico Canini for a change of zoning on property located on the west side of Middlebelt Road between Grandon and Dover in the Southeast 1/4 of Section 35, from P.S. to C-1, and the Council having conducted a public hearing with regard to this matter on December 17, 1973, pursuant to Council resolution No. 885-73, the Council does hereby concur in the recom- mendation of the Planning Commission and the said Petition No. 73-5-1-21 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None, By Councilman McCann, seconded by Councilman Ventura, it was #47-74 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 135 more particu- larly described in Council resolution No. 919-73, adopted on November 14, 1973, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Bobrich Court Subdivi- sion in Section 11, City of Livonia, Wayne County, Michigan, in said Special Assessment District No. 135. 14177 NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby lir determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No. 135 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the Division of Eniineering and resolutions of the City Council, said Special Assessment Roll No. 135 based on installation of ornamental poles and underground wiring is hereby approv€d and confirmed in w11 respects pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then he immediately trans- mitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll cool_ vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bishop and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was 4+8-74 RESOLVED, that the Division of Engineering having filed with the City Clerk a statement dated October 11, 1973 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 December 17, 1973, 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; (2) determine to make the improvement consisting of 31-foot wide deep strength asphalt paving with concrete curbs and gutters on Green Lane Avenue (Five Mile Road to Sunnydale) in the Southeast 1/4 of Section 13, 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; (3) approve the plans and specifications for said improve- ment as set forth in said statement dated October 11, 1973; (4) determine that the estimated cost of such improvement is $119,536.47; 14178 (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 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 Clty shall be $12,680.47 for paving improvements and $35,000.00 for drain improvements (Livonia Drain No. 39, Branch 5) and that the balance of said cost and expense of said public improvement amounting to $71,856.00 shall be borne and paid by 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 assessment shall be levied as follows: A special assessment district located in the Southeast 1/4 of Section 13 of the City of Livonia, T. 1 S., R. 9 E., Wayne County, Michigan, being more particularly described as containing the following parcels: 13R2ala,R3albla, 13R2a2,R3a1b2, 13R2b, R3ala, 13R8a1,R8b1, 13R8c1, 13R9al, 13R9a2,R10al, 13R10a2, 13R11a,Rllb, 13R12a,R13al, 13R13b1, 13R13c1, 13R14al, 13R1.4a2, 13R15a, 13R16a, 13R17a, 13R18a1, 13R18b1, 13R18c1, 13R18d1,R19a, 13R20a1, 13R20a2, 131120a3,R2lala, 13R21alb,R21a2a, 13R21a2b,R22ala, 13R22alb,R22b1, 13R22c1, 13R22d1, 13R23b, 13R23a, 13R24a,R25a, 13R26a, 13R27a, 13R28al, 13R28a2, 13R35a, 13R36a1a, 13R36alb1, 13R36a2, 13R37a, 13R38a, 13R39a, 13R40a, 131141a,R42a, 13R43al, 13R43a2, 131144a1, 13R44a2, 131145a, 131146a,R47al, 131147a2, 131148a, 13R49a,R50a, 13R50b, 13R51a, 13R52al, 13R52b1, 13R52c1,R52d1a, 13R52dlb,R53a, 13R53b, 13R54ala, 13R54b1, 13R55a1, 13R55a2, 13R3b1b,R3c2, 13R3bla1; (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 .14179 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 City at large, all in accordance with the deter- mination of the City Council; and (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 Brown, seconded by Councilman Bishop, and unanimously adopted, it was #49-74 RESOLVED, that the Division of Engineering having filed with the City Clerk a statement dated September 26, 1973 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 December 17, 1973, 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; (2) determine to make the road improvement consisting of 27-foot wide deep strength asphalt pavement with valley swales (Alternate III) on Grimm Avenue in Section 12, 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; (3) approve the plans and specifications for said improve- ment as set forth in said statement dated September 26, 1973; (4) determine that the estimated cost of such improvement is $20,914.79; (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 City at large, in proportions hereafter established; 14180 (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $3,137.22 and that the balance of said cost and expense of said public improvement• amounting to $17,777.57 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 improve- ment 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 assessment shall be levied as follows: A special assessment district in the N. W. 1/4 of. Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan being described as Lots lb and 2 thru 15, Thomas F. O'Connor's Middle Belt Subdivision, Liber 68, Page 96, Wayne County Records; also Wayne County Bureau of Taxation Parcels 12C24, 12C25a2 and 12C25al, 26a; (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 City at large, all in accordance with the determination of the City Council, and (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 Brown, seconded by Councilman Bennett, it was 14181 #50-74 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 136 for the road improvement consisting of 27-foot wide deep strength asphalt pavement with valley swales (no curbs) on Mayfield Avenue (Six Mile Road to Curtis) in Section 10, City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, December 17, 1973, at 8:00 p. m. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 136; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated October 24, 1973, in the amount of $77,629.79, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the Division of Engineering and resolutions of the City Council; (2) Said Special Assessment Roll No. 136 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1974. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1974 and subsequent install- ments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of con- firmation on the assessment roll, and the said assessment roll shall then be immediately trans- mitted to the City Treasurer who shall then publish notice as is required by Section 2-510 of the Livonia Code of Ordinances, as amended, 14182 and mail assessment statements to the re- spective property owners assessed in the manner and substance as provided by Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1974 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1974 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all un- paid installments from sixty (60) days after December 1, 1974 and thereafter one (1) in- stallment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; (6) The City Council having determined to pay a portion of the cost of said improvement within the said district in the sum of $11,637.85 and the same is hereby authorized to be expended from the Motor Vehicle Highway Fund Receipts (Local Roads). t roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously :.ciopted, it was #51-74 RESOLVED, that the Division of Engineering having filed with the City Clerk a statement dated September 24, 1973 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 December 17, 1973, 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: 14183 (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of 31-foot wide deep strength asphalt paving with concrete curbs and gutters in Bonaparte Gardens Subdivision in Section 35, 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; (3) approve the plans and specifications for said improvement as set forth in said statement dated September 24, 1973; (4) determine that the estimated cost of such improve- ment is $495,012.78; (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 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 City shall be $63,039.30 for paving improve- ments and $74,750.00 for drain improvements (Livonia Drain Project No. 1, Additions) and that the blance of said cost and expense of said public improvement amounting to $357,223.48 shall be borne and paid by 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: A special assessment district in the S. E. 1/4 of Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as being lots 30 thru 39, lots 57 thru 116, lots 126 thru 183, lots 193 thru 246, lots 256 thru 316, lots 318 thru 376, lots 387 thru 4+41a, lots 453a thru 510, and lots 528b thru 531a of E. G. Settle Realty Company's Bonaparte Gardens Subdivision as recorded in Liber 54, Page 75 of Wayne County Records; 14184 (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 City at large, all in accordance with the determination of the City Council; and (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 Ventura, seconded by Councilman McCann, it was #52-74 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated November 5, 1973, and the report and recommendation of the Chief of Police dated December 10, 1973, in connec- tion therewith, the Council does hereby approve of the request from Arthur P. and Eleanor. L. Hess to be added as partners to 1973 S.D.M. Licensed Business with the Southland Corporation located at 15550 Middle- belt Road, Livonia, Michigan; 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: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. The item on the agenda with respect to the request from Nick C. Hatjionncu t� add space in connection with his Class "C" License at 28121 Plymouth Road, was removed and will be considered at the Study Session to be conducted. on January 21, 1974. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was 14185 #53-74. RESOLVED, that having considered the report and recommendation of L the Legislative Committee dated December 18, 1973, submitted pursuant to Council resolution No. 567-73 with regard to a communication from the Mayor dated July 14, 1973 which submitted a proposed "Cabaret Ordinance," and having considered a communication from the Department of Law dated July 17, 1973 in connection therewith, the Council does hereby determine to refer this matter to the Law Department for further study, review and thereafter a report and recommendation. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #54-74 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated December 18, 1973 submitted pursuant to Council resolution No. 743-73 concerning a proposed amendment to the Livonia Code of Ordinances requiring the licensing and regulating of steam, sauna and massage parlors, the Council does hereby determine to refer this matter to the Law Department for further study, review and thereafter a report and recommendation. By Councilman Bennett, seconded by Councilman Bishop, and unanimously adopted, it was #55-74 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated December 18, 1973 submitted pursuant to Council resolution No. 744-73 with regard to a communication from the Department of Law dated August 10, 1973 which submitted proposed amend- ments to the Retirement Plan Ordinance and in this connection specifically Section 2 of the same (pertaining to Section 2-714), the Council does hereby determine to refer this matter to the Personnel Director for an explanatory report and recommendation. By Councilman Bennett, seconded by Councilman Ventura, and unanimously ac'optcd, it was #56-74 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated December 18, 1973 submitted pursuant to Council resolution No. 959-73 with regard to a communication from the Mayor dated October 29, 1973 concerning "Lines of Succession" in order for Livonia's Basic Emergency Plan to comply with State Civil Defense requirements, the Council does hereby determine and authorize the follow- ing Lines of Succession in the Mayor's absence: President of the Council, Vice-President of the Council, and thereafter the members of the City Council ranked in order of total accumulated prior months of service as a member of the Council. By Councilman Raymond, seconded by Councilman Bennett, and Lnanimously adopted, it was 14186 #57-74 RESOLVED, that the Council does hereby determine to refer to the Legislative Committee for its report and recommendation the matter of the "Lines of Succession" to the Office of Mayor in the event of the Mayor's absence, disability or death, such matter to be considered without regard. to the "Lines of Succession" heretofore established by Council resolution No. 56-74 pertaining to the Basic Emergency Plan for the City of Livonia. By Councilman Bishop, seconded by Councilman McCann, and unanimously adopted, it was #58-74 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the month of February, 1974: Wednesday, February 13, 1974 Wednesday, February 27, 1974. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was #59-74 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 McCann, seconded by Councilman Raymond, it was #60-74 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee, relative to a communication from the Livonia Housing Commission, requesting that the position of Secretary III be established as a full time position, and said matter having been previously referred to the said committee by Council resolution #323-73, the Council does hereby concur and approve of establishing said position on a full time basis. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #61-74 RESOLVED, that having considered a communication dated January 8, 1974 from the City Clerk wherein it is requested that the salary for the position of the Deputy City Clerk, Virginia G. Handzlik, be established in the amount of $14,750.00 per annum, effective January 1, 1974, and the report and recommendation of the Committee of the Whole of January 14, 1974, the Council does hereby determine to establish a salary of $13,680.00 per annum for said position effective January 1, 1)74, and further, the matter of the salary of the Deputy City Clerk is hereby referred to the Finance and Insurance Committee of the Council for further study and its report and recommendation. 14187 LA. roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown; it was #62-74 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations and the Director of Public Works dated January 4, 1974 and which bears the signature of the Mayor and the Director of Finance, the Council does hereby accept the bid of Colony Chrysler- Plymouth, Inc., 111 W. Ann Arbor Road, Plymouth, Michigan, for supplying the City with (a) Eight (8) Sedans (Valiant VL29) for a net price of $20,773.32 and (b) one (1) Station Wagon (Suburban-PM45) for a net price of $3,467.05, the same having been in fact the lowest bids meeting speci- fications for these items, subject to a letter from the Mayor dated after this meeting and prior to January 30, 1974, confirming his letter of January 4, 1974. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Brown, McCann, Bennett, Bishop and Nash. L NAYS: None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #63-74 RESOLVED, that the Council of the City of Livonia does hereby determine that the period within taxes due December 1, 1973 will be paid without penalty is hereby extended until 5:00 D. m., Thursday, February 28. 1974. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #64-74 RESOLVED, that pursuant to the provisions of Section 38, Act 65 of the Public Acts of Michigan of 1973, as amended, the Council does hereby appoint Mark Alan McQuesten, 14476 Summerside Court, Livonia, Michigan, as the Democratic member to the Board of Canvassers of the City of Livonia for a term expiring December 31, 1977. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, this 777th regular meeting of the Council of the City of Livonia was duly Ladjourned at 10:25 p. m., January 16, 1974. ADDISON W. ::C. , C y Clerk.