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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-02-07 13501 MINUTES OF THE SEVEN HUNDRED FIFTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 7, 1973, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:00 P. M.. Councilman Ventura delivered the invocation. Roll was called with the following result' Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Virginia G. Handzlik, Deputy City Clerk; Harry C. Tatigian, City Attorney; Rudolf R. Kleinert, Director of Public Safety-Fire; John Bunk, Acting Fire Chief; Robert Turner, Police Chief; John Nagy, City Planner; Daniel Gilmartin, Industrial Coordinator; H. Patrick O'Neill, Director of Civil Defense; G. E. Siemert, City Engineer; H. L. Bridges, Assistant City LAssessor; Theodor Krauss, Personnel Analyst; Jack Dodge, Budget Director; Richard Jones, Superintendent of Operations Division; Thomas J. Griffiths, Chief Accountant; Charles Pinto, Planning Commission; and Michael Reiser of the Water and Sewer Board. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #74-73 RESOLVED, that the minutes of the 752nd regular meeting of the Council of the City of Livonia,held January 2L., 1973, are hereby approved. The communication from the City Clerk, dated February 7, 1973, transmitting Financial Reports for period ending December 31, 1972 for the Water and Sewer Fund, and for the period ending November 30, 1972 for the Refuse Fund, Ice Rink Fund, Golf Course Fund, Concessions Fund and Swimming Pool Fund, was received and filed for the information of the Council. LThe communication from the Department of Law, dated February 1, 1973, with respect to the Michigan Liquor Control Commission's procedure on SDD and SDM Licenses was received and filed for the information of the Council. 13502 The item on the agenda with respect to Petition 72-9-1-42 submitted by Charest, Clancy & Katulski for Harold L. Thomas for change of zoning of property located on the southeast corner of Five Mile Road and Beatrice, from RUFA to C-2, was removed and will be considered at the Study Session to be conducted on February 26, 1973. The communication from the Department of Law dated January 26, 1973, relative to the State Construction Code of 1972, CR-953-72, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Milligan, it was #75-73 RESOLVED, that having considered a communication dated August 19, 1972 from the City Planning Commission which sets forth its resolution No, 9-237-72, with regard to Petition No. 72-8-1-41 submitted by Milton Lebonbom for Samuel B. Sherer for a change of zoning on property located on the northeast corner of Middlebelt and West Chicago Roads in the Northwest 1/4 of Section 36 from R-1 to R-7 and C-1, and the Council hav- ing conducted a Public Hearing with regard to this matter on January 8, L 1973 pursuant to Council Resolution No. 1022-72, the Council does hereby determine to concur with the recommendation of the City Planning Commis- sion with respect to that portion of the rezoning to C-1, and the same is hereby approved and granted, deferring action, however, to that portion of the property for rezoning to R-7; 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 Departmeht of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. By Councilman Bennett, seconded by Councilman Milligan, it was RESOLVED, that with respect to the rezoning requested in Petition No. 72-8-1-41, the Council does hereby determine to table this matter until such time as a meeting has been conducted with the Mayor concerning a proposed Land Use Plan. A roll call vote was taken on the motion to table with the following result: AYES: Raymond, Milligan and Bennett. NAYS: Ventura, McCann, Brown and Nash. The President declared the motion to table DENIED. L 13503 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Brown and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that the Council does hereby determine to refer to the Committee of the Whole for its consideration the proposed rezoning to the R-7 classification set forth in Petition No. 72-8-1-41. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond and Milligan. NAYS: McCann, Bennett, Brown and Nash. The President declared the resolution DENIED. By Councilman McCann, seconded by Councilman Brown, it was RESOLVED, that the Council does hereby determine to refer to the Planning Commission the proposed rezoning to R-7 as set forth in Petition No. 72-8-1-41 for its consideration and recommendation as to another zoning classification. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that the foregoing resolution be amended so as to strike out the words "to another zoning classification". By Councilman Bennett, seconded by Councilman Ventura, it was #76-73 RESOLVED, that the Council does hereby determine to table consid- eration of the proposed rezoning to the R-7 Classification set forth in Petition No. 72-8-1-41 pending a determination on a proposal made by the Mayor to impose a one-year moratorium on multiple developments in order to complete a Master Land Use Plan. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan and Bennett, NAYS: McCann, Brown and Nash. The President declared the resolution adopted. Councilman Bennett gave second reading to the following Ordinance: 13504 AN ORDINANCE AMENDING SECTION 8-250 OF CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES AS AMENDED, BY ADDING SUBSECTIONS (i) AND (j) THERETO. - A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTIONS 8-2.52, 8-253, 8-254, 8-255 AND 8-256 THERETO, A roll call vote was taken on the foregoing Ordinance with the following result' AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 28 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDI- NANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 72-7.1-39 for CHANGE OF ZONING FROM RUF AND C-2 TO C-1, A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication, 13505 LCouncilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 12 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 5430 AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDI- NANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 72-8-1-40 FOR CHANGE OF ZONING FROM RUF TO C-1. By Councilman Bennett, seconded by Councilman Milligan, it was RESOLVED, that the Council does hereby determine to table the roll call vote on the proposed Ordinance amendment which would change the zoning on property located on the southeast corner of Middlebelt and Clarita in Section 12 from RUF to C-1 until such time as a determination has been made with respect to the proposed Land Use Plan. A roil call vote was taken on the motion to table with the following result: AYES: Milligan and Bennett. L NAYS: Ventura, Raymond, McCann, Brown and Nash. The President declared the motion to table DENIED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Brown and Nash. NAYS: Milligan, McCann and Bennett. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman McCann gave second reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Pet. 72-6-3-+) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Brown, McCann and Nash. L NAYS: Milligan and Bennett. The President declared the foregoing Ordinance duly adopted and would become effective on publication. .13506 Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Pet.72-9-3-12) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and. Nash. NAYS. None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Milligan, seconded by Councilman Raymond, it was #77-73 RESOLVED, that having considered a communication from the Water and Sewer Board dated January 16, 1973, approved for submission by the Mayor and the Budget Director, which transmits its resolution No. WS 1766 1/73, the Council does hereby accept the bid of Elton's, Inc., 38281 Schoolcraft, Livonia, Michigan 48150, for supplying the Sewer Maintenance Section of the Operations Division with one new Sewer Repair Construction Box for a price of $2,700.00, the same having been in fact the lowest bid meeting specifications for this item. A roll call vote was taken cn the foregoing resolution with the following resnit. AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #78-73 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and the Budget Director dated January 5, 1973, approved for submission by the Mayor, the Council does hereby accept the bid of Gar Wood-Detroit Truck Equip. Inc., 21083 Mound Road, Warren, Michigan 48091, for supplying the Road Mainte- nance Section of the Operations Division with three Select() 5-300-AL Tailgate Salt Spreaders for a unit price bid of $963.35, for a total cost of $2,890.05, the same having been in fact the lowest bid meeting specifi- cations for this item. A. roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was 13507 #79-73 RESOLVED, that having considered a communication dated January 9, 1973 from the City Planning Commission, which transmits its resolution No. 12-339-72 adopted by the Commission on December 19, 1972 with regard to Petition No. 72-11-2-37, submitted by Jack Vadori requesting permis- sion to erect and operate an auto-electric repair shop as a waiver use on property zoned M-1, located on the south side of Schoolcraft Road, east of Newburgh Road, in the Northwest 1/4 of Section 29, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-11-2-37 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication dated October 30, 1972 from the City Planning Commission which sets forth its resolution No. 9-241-72 with regard to Petition No. 72-6-1-35 submitted by Mt. Hope Congregational Church for a change of zoning on property located on the north side ofSchoolcraft Road, east of Henry Ruff in the Southeast 1/4 CL Section 23, from RUF to R-9, and the Council having conducted a public hearing with regard to this matter on January 8, 1973, pursuant to Council resolution No. 1022-72, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 72-6-1-35 as amended to include that portion only of the petition which lies behind and north- erly of the Church is hereby denied for the following reasons: 1. The R-9 Zoning District allows an intensity of development that would adversely affect abutting single residential property. 2. There is no need for Senior Citizen Housing in this sector of the City. 3. The uses allowed by R-9 Zoning District could substantially increase the incoming and outgoing traffic both with respect to the existing Church parking lot and with respect to Henry Ruff Road; and with respect to that part of the petition lying east of the Church or, specifically, the parking lot, the Council does hereby concur in the recommendation of the Planning Commission and Petition No. 72-6-1-35 is hereby denied for the same reasons as those set forth in the action by the Planning Commission. By Councilman Bennett, seconded by Councilman Milligan, it was 13508 #80-73 RESOLVED, that having considered a communication dated October 30, 1972 frcm the City Planning Commission which sets forth its resolution No. 9-241-72 with regard to Petition No. 72-6-1-35 submitted by Mt. Hope Congregational Church for a change of zoning on property located on the north side of Schoolcraft Road, east of Henry Ruff in the Southeast 1/4 of Section 23, from RUF to R-9, and the Council having conducted a public hearing with regard to this matter on January 8, 1973, pursuant to Council resolution No. 1022-72, the Council does hereby determine to refer this matter to a meeting of the Committee of the Whole to be conducted on February 22, 1973 at 8:00 p.m. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Nash and *Milligan. NAYS: Ventura and Brown, The Vice President declared the resolution adopted. *The President of the Council relinquished the Chair to the Vice-Presidert at 8.46 p. m., and resumed same at 8:56 p.m. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #81-73 RESOLVED, that :in accordance with the provisions of Article XXIII of Ordinance No. 543, as amended, the Council does hereby request the City Planning Commission to conduct public hearings and to thereafter submit its report and recommendation to the Council relative to amending Ordinance No. 543 so as to provide for building heights in the R-8 and R-9 zoning classifications, in no less than three (3) steps, up to the maximum height permitted in those zoning classifications. The item on the agenda with respect to the question of installing a pedestrian overpass at Middlebelt Road and West Chicago was removed and will be considered at the study session to be conducted on February 26, 1973. By Councilman Bennett, seconded by Councilman Brown, it was #82-73 RESOLVED, that having considered a communication from the City Engineer dated January 8, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the action taken in Council resolution No. 970-71 dated October 20, 1972 which approved and confirmed Special Assessment Roll No. 101, Plymouth Road Parking Improvements in Section 34, the Council does hereby determine to revise and amend Council resolution No. 970-71 so as to insert in Paragraphs 3, 4 and 5 the date of December 1, 1973 in lieu of December 1, 1972 as L13509 previously set forth but only with respect to Parking Lots A and B, the prior language of Council resolution No. 970-71 being unchanged and left in full force and effect with regard to Parking Lots C and D; and the City Treasurer is hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #83-73 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated January 18, 1973, the Council does hereby approve of the request from Showerman's Party Store, Inc. for transfer of ownership of 1972 SDD-SDM License from Donald J. and Elizabeth Jane Showerman, located at 31450 West Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None, By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #84-73 RESOLVED, that having considered a communication from the City Engineer dated January 8, 1973, approved by the Director of Public Works and approved for submission by the Mayor, wherein a request is made for the vacation of certain easements connected with the Patter and Mahoney Branch of Patter Drain as established throughout various platted subdivi- sions and as legally described in Appendix "A" affixed to the aforesaid communication, 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. By Councilman Bennett, seconded by Councilman McCann, it was #85-73 WHEREAS, Act 40, Chapter 17, Section 391, of the Public Acts of the State of Michigan of 1956, as amended, provides the method and manner that Wayne County Drain Commissioner, Charles N. Youngblood, may vacate a drain under his jurisdiction and control, wherein such drain is no longer necessary and has ceased to be of public utility, and WHEREAS, it has been determined that there is presently a deficit of $ 0 in that part of the drainage district that is located in the City of Livonia, which this Council assumes and agrees to pay to the Office of the Wayne County Drain Commissioner upon the termination of these proceedings, and 13510 WHEREAS, this resolution is necessary and in compliance of Chapter 17, Section 391, of Act 4o of the Public Acts of the State of Michigan of 1956, as amended, and in the best interest of the public health, safety and welfare of the citizens of the City of Livonia, NOW, THEREFORE, BE IT RESOLVED that the City of Livonia hereby petitions Charles N. Youngblood, Wayne County Drain Commissioner, to vacate the following: All of that part of the open Patter (County) Drain as established in the South 1/2 of Section 20 and the North West 1/4 of Section 21, City of Livonia, and being more particularly described as follows: 1. All of the open Patter (County) Drain easement as established in the S. W. 1/4 of Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. and 2. All of the open Patter (County) Drain located north of Madonna Estates Subdivision, Liber 86, Page 34, Wayne County Records, and west line of Lot 123, of Biltmore Estates Subdivision, Liber 86, Pages 20, 21 and 22, Wayne County Records. and 3. All of the open Patter (County) Drain easement as established between the east subdivision line of Meadowview Subdivision, Liber 84, Pages 63 and 64 Wayne County Records, and the west subdivision line, and the northerly extension thereof of Koloff's Greenbriar Meadows Subdivision No. 2, Liber 83, Page 28, Wayne County Records. since that drain is no longer necessary and has ceased to be of public utility and, BE IT FURTHER RESOLVED THAT THIS RESOLUTION be presented to Charles N. Youngblood, Wayne County Drain Commissioner for his action and consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES. Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS. None. By Councilman Raymond, seconded by Councilman Ventura, it was 13511 #86-73 RESOLVED, that having considered the report and recommendation of the Finance and. Insurance Committee dated November 15, 1972 and submitted pursuant to Council resolution No. 947-72 concerning a communication from the Personnel Director dated August 18, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on May 2, 1972 con- cerning recommendations by the Civil Service Commission on amendments for approval to the Compensation Plan and/or Classification of Positions Plan, such amendments to be effective December 1, 1972, and having also considered the report and recommendation of the Mayor dated January 9, 1973 which also bears the signature of the Budget Director concerning the Library Classifications, the Council does hereby determine with respect to the said. Library classifications to approve the following which would be effective December 1, 1972: 1. Establish a new classification of Assistant Branch Librarian (III). 2. Continue the present classifications of Librarian II and Librarian I. 3. Reclassify the two (2) present positions of Librarian II to Assistant Branch Librarian (III). The maximum rates for these classifications would be as follows: CLASSIFICATION MAXIMUM RATE Assistant Branch Librarian (III) $13,062 Librarian II 12,165 Librarian I 11,315. A roll call vote was taken on the foregoing resolution with the following result, AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #87-73 RESOLVED, that having considered a communication from the City Engineer and the City Attorney dated October 30, 1972, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communication from the Chief Engineer - Design Division for the Board of Wayne County Road Commissioners dated October 20, 1972, which transmits a proposed revised Amendatory Agreement between the City, the Board and the firm of Orchard, Papke, Hiltz & McCliment, Inc., Consulting Engineers, in connection with the Rosedale Gardens Combined Sewer Separation Project, the Council does hereby authorize the Mayor and City Clerk to affix their signatures to the said Amendatory Agreement for and on behalf of the City of Livonia as well as do all other things necessary or incidental to the full performance of this resolution; and the City Clerk is hereby requested to transmit the original and, four executed copies, undated, of the Amendatory Agreement, together with a a copy of this resolution to the said Board. 13512 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #88-73 WHEREAS, the City of Livonia is in urgent need of acquiring certain additional private property on the east side of Farmington Road, south of Five Mile Road in Section 22 in the City of Livonia, in order to facilitate the expansion and completion of public buildings and improve- ments in its Civic Center; and WHEREAS, this Council finds that it is necessary to immediately acquire the property in this area as a matter of public convenience and for the public welfare generally; and WHEREAS, the Council further finds that the acquisition of certain private property, as hereinafter further described, is indispensable to the accomplishment of the aforesaid Civic Center building and improvement program; and WHEREAS, the Planning Director has recommended that certain private property on the east side of Farmington Road, south of Five Mile Road, be acquired in order to facilitate the expansion and completion of public buildings and improvements in this area, NOW, THEREFORE, BE IT RESOLVED, that this Council for the City of Livonia, Wayne County, Michigan, a Michigan municipal corporation, hereby declares that the acquisition of certain private property as hereinafter described is necessary and essential for the expansion and completion of public buildings and improvements in the Civic Center on the east side of Farmington Road, south of Five Mile Road, which property is necessary for a public improvement for the use and benefit of the public, for the purposes of its incorporation, and for a public purpose within the scope of its powers, and the City Council for the City of Livonia does hereby declare that it deems it necessary to take the fee to the following described property upon compensation to be paid therefor for such public improvement, to wit: The expansion and completion of public buildings and improvements in the Civic Center on the east side of Farmington Road, south of Five Mile Road. and that the property required to facilitate said expansion and completion is more particularly described as follows. The West 195 feet of the South 59.75 feet of the North 255.75 feet of the Northwest 1/4 of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the West 60 feet thereof (0.19 acres) 13513 BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and conduct the necessary proceedings in behalf of the City of Livonia in the Circuit Court for. the County of Wayne, State of Michigan (that being the county where the private property sought to be taken is located), to carry out the objects of this resolution and to acquire by condemnation for the City of Livonia the private property hereinbefore described for the purpose of expanding and completing public buildings and improve- ments on the east side of Farmington Road, south of Five Mile Road, as a necessary and authorized public improvement, and that said proceedings be brought in accordance with the provisions of the statutes of the State of Michigan provided therefor, and more particularly Act 149 of the Public Acts of 1911, as amended (being MSA Section 8.11 et seq., as amended); BE IT FURTHER RESOLVED that the cost of the acquisition of this property shall be financed from the Unexpended Fund Balance Account. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #89-73 RESOLVED, that having considered a communication dated January 18, 1973 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. C. Gerald Goehringer, 3756 W. Maple, Wixon, Michigan 48096 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 determine to deny the request for dividing and combining Tax Parcels 12c22, 23, 24 into two parcels since the same would create two parcels which would be in violation of the City's Zoning Ordinance and Law. By Councilman Ventura, seconded by Councilman Raymond, it was #90-73 RESOLVED, that having considered the report and recommendation dated January 11, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of Parkview Estates Subdivision the Financial Assurances previously deposited with respect to the General Improvement Bond deposited with the City in accordance with Council resolution No. 702-72 adopted on July 26, 1972, as thereafter subsequently amended including the action taken on October 25, 1972 in Council Resolution No. 983-72 which previously reduced such Financial Assurances to $13,000.00 of which $3,000.00 shall be in cash, to guaranty the satisfactory installation of improvements in Parkview Estates Subdivi- sion; further, the Financial Assurances now on deposit with the City for 13514 Sidewalk improvements shall remain the same and unchanged, it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #91-73 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated January 11, 1973, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Parks and Recreation Commission on January 8, 1973, with regard to the contract for the Golf Pro at Whisper- ing Willows Golf Course, the Council does hereby determine to concur in the aforesaid recommendation and based upon the agreement of all parties concerned does hereby determine to rescind the third year of the Agree- ment currently in effect and substitute in lieu thereto a new three-year contract between the City of Livonia and Gary Whitener, Golf Pro, such new contract to terminate on November 15, 1975, and to be based upon the same terms and conditions presently provided except, however, that a salary of $6,000.00 per year shall be paid to Mr. Whitener, such salary as well as the position to be subject to review and possible adjustment at the end of the first and second years of this agreement; further, the Council does hereby authorize the Mayor and City Clerk to affix their signatures to such contract for and on behalf of the City of Livonia, subject to approval as to form by the Department of Law; and the Council does further appropriate for this purpose the additional sum of $1,000.00 to be expended from the operating revenues of the Whispering Willows Municipal Golf Course. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #92-73 RESOLVED, that having considered a communication from the Water and Sewer Board dated January 16, 1.973, also signed by the Budget Director and approved for submission by the Mayor, which transmits its resolution No. WS 1771 1/73 wherein it is recommended that approximately 1960 lineal feet of old 12 inch water main, Class 150 pipe, be replaced by new pipe at an estimated cost of $53,000.00 (including engineering costs and contingencies) in conjunction with the construction of the pro- posed Grade Separation Project, the Council does hereby determine to 13515 request that the Wayne County Road Commissioners arrange for the said construction as part of the Middlebelt Road and Grade Separation projects based upon the understanding that the City will absorb the entire cost involved in this regard, and the City Clerk is requested to transmit a copy of this resolution to the Board of Wayne County Road Commissioners. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. Councilman Milligan gave first reading to the following Ordinance* AN ORDINANCE AMENDING SECTION 2-606 OF TITLE 2, CHAPTER 6 (WEIGHTS & MEASURES) 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. The communication dated January 11, 1973 from Mrs. James Fay of 8959 Butwell relative to the need for a Traffic Signal at Joy Road and Hix, was received and filed for the information of the Council. By Councilman Brown, seconded Councilman Milligan, and unanimously adopted, it was #93-73 RESOLVED, that having considered a communication from the Director of Public Safety-Police, dated January 11, 1973, with regard to a Valuable Property Identification Program, the Council does hereby take this means to indicate its approval of implementing such a program in the City of Livonia, and does further request all City departments to do all things necessary to cooperate with the Livonia Jaycees in further- ing such a program, particularly upon receipt by the City of Identifica- tion Kits to be provided by the Livonia Jaycees. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #94-73 RESOLVED, that having considered a communication from the City Planning Commission dated January 22, 1973, which transmits its resolution 13516 No. 1-15-73 wherein it is recommended that the City Council appropriate a sum not to exceed $40,000.00 for the preparation of a comprehensive future land use plan, the Council does hereby determine to refer this matter to the Capital Improvement Committee for its consideration to- gether with prior referrals on this subject. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #95-73 RESOLVED, that having considered a communication dated January 24, 1973 from the City Planning Commission, which transmits its resolution No. 1-12-73 adopted by the Commission on January 16, 1973 with regard to Petition No. 72-11-2-40, submitted by Sam F. Zawideh requesting permis- sion to construct an addition to an existing restaurant (Masters) as a waiver use on property zoned C-2, located on the south side of Seven Mile Road, east of Melvin Avenue in the Northeast 1/4 of Section 11, the Council does hereby concur in the recommendation made by the City Plan- ning Commission and Petition No. 72-11-2-40 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. By Councilman Bennett, seconded by Councilman Brown, it was #96-73 RESOLVED, that having received a communication from the City Assessor dated January 29, 1973, approved for submission by the Mayor and pursuant to Section 6 of Chapter VIII of the Charter of the City of Livonia, the Board of Review (Tax Assessment) shall convene for its First and Second Sessions on the following dates: FIRST SESSION Tuesday March 6, 1973 9:30 a.m.-12:30 p.m. 1:30 p.m.-4.30 p.m. Wednesday March 7, 1973 9:30 a.m.-12:30 p.m, 1:30 p.m.-4:30 p.m. Thursday March 8, 1973 9:30 a.m.-12:30 p.m. 1:30 p.m.-4:30 p.m. Friday March 9, 1973 9:30 a.m.-12:30 p.m. 1:30 p.m.-4:30 p.m. Saturday March 10, 1973 9:30 a.m.-12:30 p.m. 1:30 p.m.-3:00 p.m. SECOND SESSION Monday March 12, 1973 9:30 a.m.-12.30 p.m. 1:30 p.m.-4:30 p.m. Tuesday March 13, 1973 2:00 p.m.-8:00 p.m. Wednesday March 14, 1973 9:30 a.m.-12:30 p.m. 1:30 p.m.-4 30 p.m. Thursday March 15, 1973 9:30 a.m.-12:30 p.m. 1:30 p.m.-4:30 p.m. Friday March 16, 1973 9:30 a.m.-12:30 p.m. 1:30 p.m.-4.30 p.m. Saturday March 17, 1973 9:30 a.m.-12:30 p.m. 1:30 p.m.-3:00 p.m. Monday March 19, 1973 9:30 a.m.-12:30 p.m. 1:30 p.m.-4:30 p.m. Tuesday March 20, 1973 2:00 p.m.-9:00 p.m. Wednesday March 21, 1973 9:30 a.m.-12.30 p.m. 1:30 p.m.-4-30 p.m. Thursday March 22, 1973 9:30 a.m.-12:30 p.m. 130 p.m.-4 :30 p.m. Friday March 23, 1973 9:30 a.m.-12.30 p.m. 1.30 p.m.-4:30 p.m. Saturday March 24, 1973 9:30 a.m.-12:30 p.m. 1:30 p.m.-3:00 p.m. 13517 Monday March 26, 1973 9:30 a.m.-12•30 p.m. 1:30 p.m.-4:30 p.m. Tuesday March 27, 1973 9:30 a.m.-12:30 p.m. 1:30 p.m.-4:30 p.m. Wednesday March 28, 1973 9:30 a.m.-12:30 p.m. 1:30 p.m.-4:30 p.m. Thursday March 29, 1973 9:30 a.m.-12:30 p.m. 1:30 p.m.-4:30 p.m. further, the Council does hereby authorize that the members of the Board of Review, together with the City Assessor, shall be compensated in 1973 at the same rate as that authorized in this regard for 1972. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, it was #97-73 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia and upon the recommendation of the Mayor, dated January 30, 1973, the Council does hereby confirm the appointment of Mr. Edward J. Pringlemeir, 14764 Norman, Livonia, Michigan, to the Board of Review of the City of Livonia for a term of three years, commencing February 17, 1973 and expiring February 16, 1976. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #98-73 RESOLVED, that having considered a communication dated November 22, 1972 from the City Planning Commission which sets forth its resolution No. 11-291-72 with regard to Petition No. 72-10-1-45 submitted by Hyman Gold for a change of zoning on property located on the west side of Gill Road, south of Seven Mile Road in the Northwest 1/4 of Section 9, from RUFB to R-3, and the Council having conducted a public hearing with regard to this matter on January 22, 1973, pursuant to Council resolution No, 1083-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-10-1-45 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to pre- pare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. 13518 By Councilman Bennett, seconded by Councilman Ventura, it was #99-73 RESOLVED, that having considered a communication dated November 8, 1972 from the City Planning Commission which sets forth its resolution No. 10-275-72 with regard to Petition No. 72-9-1-44 submitted by Charest, Clancy and Katulski for Alexander and Carolina Slabey for a change of zoning on property located on the north side of Schoolcraft Road between Brookfield and Hubbard in the Southwest 1/4 of Section 22, from RUF to P.S., as amended from C-1, and the Council having conducted a public hearing with regard to this matter on January 22, 1973, pursuant to Coun- cil resolution No. 1063-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-9-1-44, as amended, is hereby approved and granted; and the City Plan- ner 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 Depart- ment of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The item on the agenda with respect to Petition 72-3-1-17 of Nicholas George for Farmington Road north of Plymouth Road in Section 27 from M-1 to C-2, was removed and will be considered at a meeting of the Committee of the Whole to be conducted on February 14, 1973. By Councilman Bennett, seconded by Councilman Brown, it was #100-73 RESOLVED, that having considered a communication dated November 9, 1972 from the City Planning Commission, which transmits its resolution No. 10-277-72 adopted by the Commission on October 24, 1972 with regard to Petition No. 72-5-2-13 submitted by Stanley E. Hayes, Inc., requesting permission to lease tractors, trucks and U-Haul trailers as a waiver use on property zoned C-2 located on the west side of Middlebelt Road between Five Mile Road and Lyndon in the Northeast 1/4 of Section 23, and the Council having conducted a public hearing with regard to this matter on January 8, 1973, pursuant to Council resolution No. 1021-72, the Council does hereby concur in the recommendation made by the City Planning Commis- sion and Petition No. 72-5-2-13 is hereby denied for the same reasons as those set forth in the aforesaid action of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. L13519 By Councilman Ventura, seconded by Councilman Raymond, it was #101-73 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 2, 1972 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 22, 1973, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code; (1) accept and approve said statement in all respects, except, however, that the Council does hereby deter- mine to delete one light and Parcel 02P102 (19550 Sunset) from inclusion in the Special Assessment District; (2) determine to make the improvement consisting of the installation of ornamental street lighting with under- ground wiring in the Livonia Mall Estates Subdivision in Section 2, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the pro- perty especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated November 2, 1972; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improve- ment shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in the S. W. 1/4 of Section 2, City of Livonia, Wayne County, Michigan, more particularly described as Lots 1 through 43 both inclusive of proposed Livonia Mall Estates Subdivision and Parcels 02P103, 02P104, 02P105, 02P106, 02P107, 02P108, 02P58b1a5, 02N1a2, 02N1b and 02N1a1a2; (7) direct the City Assessor to prepare a special assess- ment roll in accordance with the Council's deter- mination on said statement as prepared by the City Engineer dated November 2, 1972, and (8) that upon completion of said roll, the City Assessor L13520 shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2 Chapter 5 of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Brown and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #102-73 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 30, 1972 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 January 22, 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 pavement with con- crete curbs and gutters (Alternate II) on Rensellor Boulevard (Seven Mile Road to Bridge Avenue) 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 pro- perty especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specification for said improvement as set forth in said statement dated October 30, 1972; (4) determine that the estimated cost of such improvement is $21,421.00; (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; 13521 (6) that the proportion of the cost and expense of said im- provement to be borne and paid by the City shall be $3,533.00 and that the balance of said cost and expense of said public improvement amounting to $17,888.00 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established inproportion 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 located in that part of Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as containing the following parcels: Lots 352 thru 373, Lots 538b, thru 541 of Botsford Park Subdivision as recorded in Liber 53, Page 77 of Wayne County Records and Parcel OlNN1b,NN2, (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 re- quired by Section 2-511 of the said Code. By Councilman Milligan, seconded by Councilman McCann, it was unanimously 101 adopted x#103-73 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 123 for the proposed improvement of Cardwell Avenue in Section 36 in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter. 13522 IND and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, January 22, 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 improve- ments to be constructed in Special Assessment District No. 123; 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 November 30, 1972, in the amount of $27,800.00 are fair and equitable and based upon benefits to be de- rived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 123 is hereby approved and confirmed in all respects, except that with regard to 9663 and 9662 Cardwell the lot width assessed shall be reduced by five feet so as to provide assessable frontage of 65 feet; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1973. In such cases where the installments will be less than Ten Dollars ($10.00) the number of install- ments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1973 and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be im- mediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty days (60) from December 1, 1973 pay the whole or any part of the assessment without interest or penalty; L13523 (5) The first installment shall be spread upon the 1973 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1973 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner pro- vided in Title 2, Chapter 5 of the Livonia Code of Ordi- nances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the ex- piration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid in- stallments, (6) The City Council having determined to pay a portion of the cost of said street improvement within the said district in the sum of $4,164.49, and the same is hereby authorized to be expended from the Motor Vehicle Highway Fund receipts. By Councilman Ventura, seconded by Councilman Raymond, it was #104-73 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated January 8, 1973, the Council does hereby approve of the request from Mike Tjilos for transfer of ownership of 1972 SDM License from Ted Traynoff, located at 33308 West Seven Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to forward 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, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #105-73 RESOLVED, that having considered a communication from the City Planning Commission dated January 23, 1973 which transmits its resolution No. 1-9-73 wherein the Commission did amend Part VIII of the Master Plan of the City of Livonia, the Master Library Plan, so as to delete therefrom the property described in the aforesaid resolution located in Section 8, the Council does hereby determine to acknowledge and certify the receipt of the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. 13524 By Councilman Milligan, seconded by Councilman Ventura, it was #106-73 RESOLVED, that having considered a communication from the Depart- ment of Law, dated January 24, 1973 and approved for submission by the Mayor, the Council does hereby determine to amend the next to last paragraph of council resolution #952-72 to read as follows: BE IT FURTHER RESOLVED, that the Council does hereby authorize the expenditure of a sum not to exceed $76,952.00 for acquisition costs and, further, the Council does hereby authorize the expenditure of a sum not to exceed $2,245.72 as the City's portion of the prorated City, County, County Drain and School Tax in connection with the aforesaid items, the same to be prorated as of the date of closing; and further, the Council does hereby authorize the advance of the aforesaid sums from the Unexpended Fund Balance Account as compensation to be paid to the subject property owners in connection with this project; and further, in connection with the condemnation proceedings in the Wayne County Circuit Court the Council does hereby authorize an expenditure from the Unexpended Fund Balance Account of a sum not to exceed $62.7.00 for the cost of publication in a legal newspaper as required by law; said amounts to be reimbursed from the proceeds of Special Assessment District No. 101 as established for this purpose; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution; and A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond. Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was #107-73 RESOLVED, that having considered a communication dated January 23, 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. D. Etkin Construction Company, a Michigan Corporation, by its Executive Vice President Robert E. Johnson, granting: A strip of land, 15 feet wide, for easement for storm sewer whose centerline is described as follows* Commencingoat a point 1380.00 feet South and 460.50 feet S. 89-36'-54" E. of the Northwest corner of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, thence South 514.00 feet to the point of ending of this description. Iwo the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of. Deeds and to do all other things necessary or incidental to the full performance of this resolution. 13525 A roll call vote was taken on the foregoing resolution with the following result: AYES• Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #108-73 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 March, 1973: Wednesday, March 7, 1973 Wednesday, March 21, 1973. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #109-73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submit- ted pursuant to Council resolution No. 396-68, with regard to a communica- tion from the Department of Law dated March 22, 1968 concerning the matter of the proposed improvement of Puritan Avenue west of Henry Ruff Road, the Council does hereby determine to refer this matter to the City Engineer for a new report and recommendation on possible road improvement and also requests a report and recommendation from the Department of Law on the status of right-of-way required in this regard. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #110-73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 232-69, concerning complaints received from residents of the Golden Ridge Subdivision with regard to the condition of streets in this area, the Council does hereby determine to refer this matter to the City Engineer for his report and recommendation and possible road improvements to be financed by special assessments at such time as storm drainage facilities become available. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #111-73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 442-69, with regard to a communication from the City Engineer dated March 13, 1969 concerning the installation of ornamental street lights with underground cable on Farming- ton Road from Plymouth Road to Joy Road, the Council does hereby determine that since these street lights have now been installed that no further action is required. 13526 By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #112-73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 95-70 with regard to a communication from the City Engineer dated December 22, 1969ccncerning the right-of-way for the proposed construction of a grade separation at Merriman Road and the C & 0 Railroad, the Council does hereby determine to take no further action at this time. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #113-73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 144.70 with regard to a communication dated January 14, 1970 from the owners of certain property submitting objections to the widening of Five Mile Road, the Council does hereby determine that no further action is required. In accordance with recommendation of the Streets, Roads and Plats Committee, the communication from the Department of Law with respect to the improve- ment of gravel & sealcoat roads by special assessments (CR-1048-70) was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was 4114-73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 1038-70 with regard to a communication from the City Engineer dated May 20, 1970concerning proposed street paving in the Seven Mile Superhighway Subdivision, the Council does hereby determine to refer this matter to the City Engineer for consideration in future paving programs, and thereafter requests a report and recommendation. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #:115-73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 1.039-70 with regard to a 13527 communication from the City Engineer dated July 16, 1970 concerning proposed street paving on St. Martins, Northland and Bethany Streets in. the Southeast 1/4 of Section 6, the Council does hereby determine to refer this matter to the City Engineer for consideration in future paving programs, and thereafter requests a report and recommendation. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #116-73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 1040-70 with regard to a communication from the City Engineer dated May 18, 1970 concerning pro- posed street paving on Melvin, Doris, Clarita and Curtis Avenues located in the Northeast 1/4 of Section 11, the Council does hereby determine to refer this matter to the City Engineer for consideration in future paving programs, and thereafter requests a report and recommendation. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #117-73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 1144-70 with regard to a communication from the Mayor dated October 26, 1970 concerning certain streets designated for improvement by the use of the soil stabilization method, the Council does hereby determine that no further action is required at this time. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #118-73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 174-71 with regard to a proposed Special Assessment roll for the installation of sidewalks on Harrison Avenue between Five Mile Road and. Lyndon Avenue in Section 24, the Council does hereby determine to refer the same to the City Engineer for consideration in conjunction with similar pending sidewalk installa- tions presently before the Joint School Board - City Council Committee, and the Council takes this means to reaffirm the City's present policy concerning installation of sidewalks on one-half mile roads. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #119-73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 176-71 with regard to the proposed special assessment for the installation of sidewalks on 13528 W. Chicago between Mi.ddlebeit Road and Inkster Road, the Council does hereby determine to refer the same to the City Engineer for consideration in conjunction with similar pending sidewalk installations presently before the Joint School Board - City Council Committee; and further. the Council determines that sidewalks on one-half Mile Roads are to be constructed and financed pursuant to special assessment procedures on the same basis as are sidewalks on interior residential streets. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #120-73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 263-71 with regard to a communication from the City Engineer dated August 3, 1970 concerning the construction of sidewalks on Five Mile Road from Levan Road to Eckles Road, the Council does hereby determine to refer this matter to the City Engineer for inclusion in an anticipated current report on sidewalks to be installed on Five Mile Road from Inkster Road to Eckles Road. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #121-73 RESOLVED, that the Council having considered a communication dated February 1, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of paving of Denne and Hubbell Avenues, south of Plymouth Road, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and having prepared and caused to be prepared, plans and specifications 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 1, 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, March 19, 1973 at 8 00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which Public Hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan,pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. 13529 By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #122-73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 409-71 with regard to the installation of street paving on Deering Avenue, north of Joy Road to the Cleveland Elementary School in Section 36, the Council does hereby determine to refer this matter to the City Engineer for consideration in future paving programs, and thereafter requests a report and recommenda- tion. By Councilman Brown, seconded by Councilman Milligan, it was RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 436-71 with regard to a communication from the Mayor dated April 22, 1971 to which are attached communications from the Traffic Commission, the City Engineer and the O.I.C. of the Traffic Bureau of the Police Division dated March 1, 1971, April 8, 1971 and February 4, 1971, respectively, with regard to parking on Plymouth Road, the Council does hereby request the State of Michigan to prohibit parking on Plymouth Road (M-14) from Inkster Road west to Ann Arbor Road and from Ann Arbor Road west to the City limits in the City of Livonia, and the City Clerk is hereby requested to forward a certified copy of this resolution to Mr. 'falter Washington, Michigan State Highway Department, 18101 Nine Mile Road, P. 0. Box 1226, Southfield, Michigan 48075 to the attention of Mr. Larry Brown. A roll call vote was taken on 'the foregoing resolution with the following result: AYES: Milligan, Bennett and Brown. NAYS: Ventura, Raymond, McCann and Nash. The President declared the resolution DENIED. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #123-73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 436-71 with regard to a communication from the Mayor dated April 22, 1971 to which are attached communications from the Traffic Commission, the City Engineer and the O.I.C. of the Traffic Bureau of the Police Division dated March 1, 1971, April 8, 1971 and February 4, 1971, respectively, with regard to parking on Plymouth Road, the Council does hereby determine to refer this matter back to the Streets, Roads and Plats Committee for further study and recommendation. 13530 By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, it was #124--73 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated January 31, 1973 and submitted pursuant to Council resolution No. 440-71 with regard to a communication from the Mayor dated April 21, 1971 concerning road improve- ment in the area of the Fisher Body Division of the General Motors Corporation, the Council does hereby determine to refer this matter to the City Engineer for a report and recommendation. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was #125-73 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was #126-73 RESOLVED, that having considered a communication from the Director of Public Works dated December 21, 1972, to which is attached a communication dated November 18, 1972 from the President of the Livonia Jaycees, submitting a request for the use by the Livonia Jaycees of the City-owned building located on Merriman Road, south of Plymouth Road, for the storage of certain equipment, the Council does hereby determine to refer this matter to the Director of Public Works for disposition, further, the Council does hereby determine to rescind Council Resolution No. 50-73 adopted on January 24, 1973. By Councilman Ventura, seconded by Councilman Milligan, it was #127-73 RESOLVED, that having considered a communication from the Acting Chief of the Livonia Fire Division, dated February 1, 1973, approved by the Director of Public Safety-Fire, and approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $11,648.00 to Account No. 338-7C6 (Fireman Salaries) and the sum of $2,330.00 to Account No. 338-715 (Employees Benefits) for the purpose of employing one additional fireman, such funds to be transferred from the Unexpended Fund Balance Account. A roll call vote was taken on the foregoing resolution with the following result- AYES' Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was 13531 #128-73 RESOLVED, that having considered a communication from the Personnel Director dated December 27, 1972, to which is affixed the signa- ture of the Budget Director, and approved for submission by the Mayor, and which transmits a resolution adopted on November 29, 1972 by the Civil Service Commission wherein it recommends the establishing of a classifica- tion of Administrative Assistant (Operations Division) in the Operations Division of the Department of Public Works with the following salary range: Step 1 Step 1-1 2 Step 2 Step 3 Step 4 Step 5 Annual $13,707.20 $13,998.40 $14,248.00 $14,892.80 $15,496,00 $16,120.00 Bi-Weekly 527.20 538,40 548,00 572.80 596.00 620.00 the Council does hereby determine to concur in and approve the aforesaid action except so as to revise the title of the same to"Assistant to Superintendent of Operations Division." A roll call vote was taken on the foregoing resolution with the following result- AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash, NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #129-73 RESOLVED, that having considered a communication from the Personnel Director dated December 29, 1972, to which is affixed the signa tures of the President of Union Local 192 and the Budget Director, and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on December 5, 1972, in which it recommends the establishment of a Safety Representative in the Operations Division. of the Department of Public Works with the following salary range: Step 1 _aLtPLIZI-LLStep 2 Annual $11,523.20 $11,752.00 $11,960.00 Bi-Weekly 443.20 452.00 460,00 Hourly 5.54 5.65 5.75 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, Milligan, Brown, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was 13532 #130-73 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation Department, approved by the Budget Director and approved for Submission by the Mayor, with regard to the first Annual High School Invitational Hockey Tournament to be held March 12 - 14 •- 16, 1973 at the Ford Arena, and with respect to which the Parks and Recreation Commission recommends that an admission of one dollar be charged for each game during the tournament, with revenues of the same to be deposited into the General Fund, the Council does hereby determine to conur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, andunanimously adopted, this 753rd regular meeting of the Council of the City of Livonia, was duly adjourned at 10:00 P. M., February 7, 1973. I ADDISON W. B41111111 ' erk.