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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-06-28 LMINUTES OF THE SEVEN HUNDRED THIRTY-EIGHTH REGULAR MEETING 13034 OF THE COUNCIL OF THE CITY OF LIVONIA On June 28, 1972, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:12 P. M.. Councilman McCann delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Olga Pohlman, Director of Administrative Services; Robert E. Osborn, Director of Public Works; Robert Turner, Police Chief; John Nagy, City Planner; G. E. Siemert, City Engineer; James Miller, Personnel Director; H. L. LBridges, Assistant City Assessor; Jack Dodge, Budget Director; and Thomas Griffiths, Jr., Chief Accountant. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #561-72 RESOLVED, that the minutes of the 737th regular meeting of the Council of the City of Livonia, held June 7, 1972, are hereby approved. By Councilman Milligan, seconded by Councilman Raymond, it was #562-72 RESOLVED, that having considered the letter dated June 5, 1972, from the Mayor, the Council does hereby approve of and concur with the reappointment of Mr. Daniel Andrew, 16728 Parklane Drive, Livonia, Michi- gan, to the City Planning Commission for a term expiring June 9, 1975, provided that Mr. Andrew takes the Oath of Office as required in Section 3, Chapter X of the City Charter, administered by the City Clerk. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. LNAYS: None. The communication from the City Clerk, dated June 19, 1972, transmitting Financial Statement of City of Livonia General Fund for period ending May 31, 1972, as well as statement of Special Revenue Operating Funds, was received and filed. 13035 The communication dated June 13, 1972 from the City Clerk, with respect to Sentry Insurance-Workmen's Compensation Reserve Fund (CR-981-71), was received and filed for the information of the Council. Councilman Milligan was excused at 8:25 p. m. By Councilman Bennett, seconded by Councilman Brown, it was #563-72 RESOLVED, that the Livonia City Council hereby requests the Law Department and the Mayor to investigate the feasibility of bringing suit, either singly or jointly with others, on the basis as hereinafter outline, or on such other points of law or equity as may be determined by the Department of Law, to enjoin, reverse, or appeal the decision and order of Federal Judge Steven Roth requiring "cross-district and cross-community" busing of public school children and students and to submit to the Council their report and recommendation within 30 days. AND FURTHER that this action is taken and it is hereby recommended for the consideration of the Department of Law and the Mayor for the following reasons : (1) That cross-district and cross-community busing is the least L desirable solution to the problems of integration and pro- viding quality education. (2) That cross-district and cross-community school busing is a squanderous waste of the time, money, and resources of the various districts and communities involved and the implementation of the Federal Court order involves the appropriation of vast sums of money which the court has no authority to order. (3) That cross-district and cross-community busing is an arbitrary and illegal confiscation of the assets, facilities, materials, and funds of the school districts and communities involved, and (4) That cross-district and cross-community busing portends the destruction of the community or local school concept and all of its attendant benefits such as PTA, community participation, extracurricular activities and the like. AND FURTHER, that this action is not promulgated on the basis that segregated schools or sub-standard schools are desirable but that the imposition of an economically wasteful and philosophically destructive court Ore ' regardless of intended purpose, lofty as it may be, is an anathema to quality education, the local school concept, and the rights of all people regardless of race. A foil call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. Councilman Milligan returned at 8'30 p. m. 13036 Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 1 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 71-6-1-38 FOR CHANGE OF ZONING FROM C-1 TO P.S. _______ A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Bennett, seconded by Councilman Ventura, it was #564-72 RESOLVED, that the Council does hereby authorize the Department of Law to employ two expert real estate appraisers in order to ascertain the fair market value of Outlots A and B located on the south side of Eight Mile Road, east and west of Brentwood, and for this purpose authori- zes the expenditure of a sum not to exceed $800.00 from the 4.4 Million Dollar Parks and Recreation General Obligation Bond Issue; and the Department of Law is hereby requested, upon obtaining the said appraisals to, thereafter, enter into negotiations with the property owner of said property and submit its report and recommendation to Council in this regard; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #565-72 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. 13037 At 8:40 p. m. , a recess was called after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Raymond, seconded by Councilman Ventura, it was #566-72 RESOLVED, that having considered a communication dated June 18, 1971 from the City Planning Commission which sets forth its resolution No. 5-130-71 with regard to Petition No. 71-4-1-20 submitted by Harold E. Edwards for a change of zoning on property located on the west side of Newburgh Road between Five Mile Road and Six Mile Road in the East 1/2 of Section 18, from R-3 to R-7, and the Council having conducted a public hearing with regard to this matter on September 13, 1971 pursuant to Council resolution No. 702-71, the Council does hereby determine to table this matter pending a final determination in the courts in the matter involving the validity of Ordinance No. 778 as being tested in the case of Nat Korash, Max Madorsky and Jerome L. Schostak vs. City of Livonia, et al. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Ventura, Raymond and Milligan. NAYS: Bennett and. Nash. The President declared the resolution adopted. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE CITY OF LIVONIA AND 1M PING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION THERETO.(Wayne County Civil Action No. 188559 R) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Milligan gaves .cond. reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6-1.68(a) OF CHAPTER I OF TITLE 6 (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. L13038 A roll call vote was taken on the foregoing Ordinance with the following result AYES: McCann, Bennet', Brown, Ventura, Raymond, Milligan 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 CHAPTER 4, ARTICLE 1 OF TITLE 5 (WATER) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA BY AMENDING SECTION 5-403 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #567-72 RESOLVED, that the Council does hereby determine to reconsider their action taken in the foregoing Roll Call on the amendment to Section 5-403 of the Livonia Code of Ordinances with respect to Emergencies and Water Conservation, the same to be acted upon at the regular meeting to be conducted on July 12, 1972. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Milligan and Nash. NAYS : McCann, Bennett and Raymond. The President declared the resolution adopted. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7-141 OF CHAPTER 1 (BUILDING CODES) OF ARTICLE 2, TITLE 7 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. 13039 L Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 31 OF THE ZONING MAP OF THE CITY. OF LIVONI.A 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 71•-12-1-71 FOR CHANGE OF ZONING FROM C-1 TO C-2. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2-2204 OF TITLE 2, CHAPTER 22 (LOCAL OFFICERS L COMPENSATION COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Ventura, seconded by Councilman Raymond, it was #568-72 RESOLVED, that having considered a communication from the Personnel Director dated May 23, 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 16, 1972, wherein the Commission did recommend that one position of Clerk-Typist II in the Department of Administrative Services (Office of the Mayor) be reclassified to Secretary III, the Council does hereby determine to concur in and approve of such action. im., A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. ,3 0,0 LBy Councilman Brown, seconded by Councilman Bennett, it was #569-72 RESOLVED, that having considered a communication from the Personnel Director dated May 24, 1972, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on May 16, 1972, forwarding to the Council for its consideration a letter dated April 28, 1972 from the Livonia Police Officers Association wherein a request is made that the City of Livonia recognize the Livonia Police Officers Association as the exclusive bargaining representative of Police Cadets employed in the Livonia Police Department, the Council does hereby determine to grant and approve of the said request for recognition by the Livonia Police Officers Association to be the exclusive bargaining representative for Police Cadets employed in the Livonia Police Department, as defined by Act 336 of Public Acts of Michigan of 1947, as amended by Act 379 of Public Acts of Michigan of 1965; and Council resolution No. 197-66, adopted on February 23, 1966, as well as such other resolutions adopted by the City Council as may be applicable to this matter are hereby amended and revised to the extent necessary to be consistent with the action taken herein. NOTE: Police Chief Turner made the following statement: The President, William Davis of the Livonia Police Officers Association, has stated that negotiations Lwill not be requested nor the existing contract opened until the new contract is negotiated. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, it was #570-72 RESOLVED, that having considered a communication from the City Engineer dated May 17, 1972, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the installation of a traffic light at the intersection of Seven Mile Road and Purlingbrook Avenue, the Council does hereby authorize Final Payment in the amount of $1,585.16 to the Board of Wayne County Road Commissioners as indicated in Invoice No.25254, which sum represents the City of Livonia's share of 5C4 of the cost for labor, material and equipment for installing the aforesaid traffic signal equipment in accordance with Council resolution No. 594-71; further, the Council does hereby authorize the additional expenditure of the sum of $95.16 from the Motor Vehicle Highway Fund Receipts for this purpose; and the City Clerk and City Treasurer are hereby authorized to do L all things necessary to the full performance of this resolution; and the City Clerk is also requested to send a certified copy of this resolution to the Board of Wayne County Road Commissioners to the attention of the Accounting Division. 13041 LA roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #571-72 RESOLVED, that having considered a communication from the Chief Inspector of the Bureau of Inspection, approved by the Director of Public Works and approved for submission by the Mayor, with regard to expenses incurred in connection with Clean Up Week, the Council does hereby author- ize the transfer of the additional sum of $7,775.00 from the Unexpended Refuse Fund Balance Account to Clean Up Week Account No. 525-886.2 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The following resolution was unanimously introduced, supported and adopted: #572-72 RESOLVED, that the Council does hereby request its Waste Disposal Committee and the Director of Public Works to submit their respective reports and recommendations on the possibility of instituting a continuing year round Clean Up Pick Up program for Livonia citizens, in lieu of an annual Clean Up Week as presently programmed. By Councilman Raymond, seconded by Councilman Brown, it was #573-72 RESOLVED, that having considered a communication from the Depart- ment of Law dated May 31, 1972, approved for submission by the Mayor, with regard to the need for an additional appropriation to cover Court expenses incurred by the Department of Law during the current fiscal year, the Council does hereby authorize the transfer of the sum of $2,000.00 from the Unexpended Fund Balance Account to Account No. 826 (Court Expense) for this purpose.. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #574-72 RESOLVED, that having considered a communication from the City Engineer dated May 24, 1972, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize 13042 and approve the transfer of the sum of $472,739.84 from the Major Street System Fund to the Local Street System Fund, which sum is an amount equal to the amount of locally raised revenues expended by the City of Livonia during the last two years on the Major Street System or on State Trunkline Highways in accordance with Section 13(d)(2) of Act 51 of the Public Acts of 1951, as amended; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan State Highway Department. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #575-72 RESOLVED, that having considered a communication from the Depart- ment of Law, dated May 30, 1972, approved for submission by the Mayor, regarding acquisition of a certain right-of-way in connection with and necessary to the installation of concrete street paving on Lyndon Avenue from Fairlane Road to 708' west, in Section 21, which property is more particularly described as: Parcel No, 1 The S. 30' of the W. 1/2 of the W. 1/2 of the E 1/2 of the N. W. 1/4 of Sec. 21, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Part of Bureau of Taxation Parcel 2lL2) Parcel No. 2 That part of the N. W. 1/4 of Section 21, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. and W. 1/4 line distant N. 89° 20' 40" w., 656.58 feet from the center 1/4 corner of Section 21 and pro- ceeding thence N. 89° 20' 40" W. along said 1/4 line, 328.32 ft., thence N. 0° 06' W., 30 feet; thence N. 85° 25' 44" E., 329.31 feet, thence S. 0° 05' E., 60 feet to the point of beginning. (Part of Bureau of Taxation Parcel 2111cla5 to Llcla9) and in accordance with the recommendations made in the aforesaid com- munication, the Council does hereby authorize the Department of Law to acquire the above described property for the sum of $4750 and an addition- al sum not to exceed $26.45 for the proration of current city, school and county taxes which sums are authorized to be expended from the Unexpended Fund Balance Account as an advance and to be reimbursed to the same from the proceeds of Special Assessment District No. 92, as revised, when such proceeds are available, and which district has been established for the purpose of defraying the cost of the proposed improvement; and the Department of Law, the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. 13043 A roll call vote was token on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #576-72 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety - Police dated May 18, 1972, approved for submission by the Mayor, wherein a request is made for sufficient funds to cover that portion of the City of Livonia's obligation to provide matching funds in connection with the "School-Community Cooperative Program" Federal Grant previously approved by the Office of Criminal Justice Programs, Program No. 197202.006, the Council does hereby determine to authorize the expenditure of the sum of $4,357.00 from the Unexpended Fund Balance Account for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #577-72 RESOLVED, that having considered a communication from the City Engineer dated May 30, 1972, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the Unit Price Bid of Midwest Asphalt Paving Company, 1300 Souter Blvd., Troy, Michigan 48084, in order to install and construct road improvements in Coventry Gardens Subdivision in Section 16 and on Antago Street in the City of Livonia for the estimated total cost of $97,371.50, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work; and the Council does hereby authorize an advance in the amount of $97,371.50 from the 9.8 Million Dollar Street and Road Improvement General_ Obligation Bond Issue for the purpose of making payments to the aforesaid bidder as the work is completed; provided, however, that $97,371.50 of the foregoing amount shall be reimbursed at such time as bonds have been sold for Special Assessment Districts No. 106 and No. 109, further, the Council does hereby authorize the advance of the sum of $12,000.00 from the 9.8 Million Dollar Street and Road Improvement General Obligation Bond Issue in order to provide sufficient funds to cover the cost of aggregate base and storm sewer materials required by the Operations Division of the Department of Public Works in order to complete certain preparatory work in the Coventry Gardens Subdivision and Antago Street Assessment Districts, provided, however, that the said bond issue shall be reimbursed at such 13044. time as bonds have been sold for Special Assessment Districts No. 106 and No. 109; and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was #578-72 RESOLVED, that having considered the report and recommendation of the CityEngineer dated May 26, 1972, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated May 18, 1972, the Council does hereby authorize Final Payment in the amount of $5,000.00 to Ministrelli Construction Company, 12240 Merriman Road, Livonia, Michigan, which sum includes the full and complete balance on a contract dated May 20, 1971 in the amount of $309,033.75, and the Council does hereby also authorize an additional advance in the amount of $4,952.76 to be expended from the 9.8 Million Dollar Street and Road Improvement General Obligation Bond. Issue, which amount shall be reimbursed from the proceeds of the successful issuance of special assessment bonds for this purpose in connection with the Levan Road (Plymouth Road to Schoolcraft Road) S.A.D. Paving Project, it appear- ing from the aforementioned report that all work under this contract has been completed in accordance with City standards and specifications, and the necessary contractor's affidavit, waivers of lien and guaranty have been filed; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A. roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #579-72 RESOLVED, that having considered the report and recommendation of the City Engineer dated May 26, 1972, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the actual total cost incurred in the improvement of Levan Road (Plymouth Road to Schoolcraft Road) S.A.D. Paving Project No. 73, the Council does hereby determine that the assessment rate shall be revised from $19.485 per front foot to $20.673 per front foot (approximately a 6.1% increase) and that the assessible footage shall be reduced from 10,761.54 feet to 8,435.22 feet and that such special assessment shall be levied against lots or 13045 parcels of land located in such special assessment district in accordance with the determination made herein and as shown on the revised S.A.D. Assessment Schedule dated March 27, 1972, based on actual construction cost which is attached to the aforesaid communication; further, the City Clerk and. City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roil call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and. Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #580-72 RESOLVED, that having considered the report and recommendation of the City Engineer dated May 26, 1972, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the cost incurred to install cantilever flashing light signals at Levan Road and the Chesapeake and Ohio Railway crossing, Livonia, Michigan, as shown in Invoice No. 120917 dated December 16, 1971, the Council does hereby authorize the payment of $5,835.65 to be expended from the 9.8 Million Dollar Street and Road Improvement General Obligation Bond Issue in order to make payment to the Treasurer of the Chesapeake and Ohio Railway Company, P. O. Box 161, Baltimore, Maryland 21203, which amount shall be reimbursed from the proceeds of the successful issuance of special assess- ment bonds for this purpose in connection with the Levan Road (Plymouth Road to Schoolcraft Road) S.A.D. Paving Project, which sum represents 50% of the total cost incurred to complete this project and which is in accordance with Michigan Public Service Commission Order No. RR-4413 dated April 18, 1968; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6-169 OF CHAPTER 1, TITLE 6 (TRAFFIC ORDINANCE) 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. By Councilman Ventura, seconded by Councilman Raymond, it was 13046 #581-72 RESOLVED, that the Council does hereby request the Legislative Committee to consider the question of amending Section 6-169(h)6 of the Livonia Code of Ordinances so as to provide that the City Engineer may impose restrictive loading requirements with respect to the so called "Frost Law" only during those times as coincide with the imposing of such limits of the County of Wayne, and thereafter submit its report and recom- mendation to Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Ventura, Raymond, Milligan and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Brown, it was #582-72 RESOLVED, that having considered a communication dated May 26, 1972 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mrs. Nelhama Jackson, 18959 Flamingo, Livonia, Michigan 48152, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division or partition of Tax Item 12C9b would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing of same into three parcels, the legal descriptions of which shall read as follows: Parcel "A" A parcel of land situated in the N. W. 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as: The North 150 ft. of the South 315 ft. of the N. W. 1/4 of the N. W. 1/4 of the S. E. 1/4 of the N. W. 1/4 of Sec. 12, except the W. 30 ft. used for road purposes (Maplewood Ave. 60 ft. wd.). Containing 1.04 acres of land more or less. Parcel "B" A parcel of land situated in the N. W. 1/4 of Section 12, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as: The West 179.5 ft. of the South 164 ft. of the N. W. 1/4 of the N. W. 1/4 of the S. E. 1/4 of the N. W. 1/4 of Sec. 12 except the South 30 ft. and except the West 30 ft. used for road purposes. Containing 0.46 acres of land more or less. 13047 Parcel "C" A parcel of land situated in the N. '1. 1/4 of Section 12, T. 1 S., R. 9 E., City of. Livonia, Wayne County, Michigan, described as: The East 149.5 ft. of the South 164 ft. of the N. W. 1/4 of the N. W. 1/4 of the S. E. 1/4 of the N. W. 1/4 of Sec. 12 except the South 30 ft. used for road purposes. Containing 0.46 acres of land more or less, as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: Milligan. The President declared the resolution adopted. The communication dated. June 1, 1972 from Mrs. Raymond J. O'Day, requesting the installation of a public phone in the vicinity of Six Mile and Merriman, and the communication dated June 26, 1972 from the Mayor with respect to the same, were received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Ventura, it was #583-72 RESOLVED, that having considered a communication from the Water and Sewer Board dated June 5, 1972, approved for submission by the Mayor, which transmits its resolution No. WS 1602 5/72 wherein it is recommended that an agreement be entered into with the Board of Trustees of Northwest Wayne County Community College District of the County of Wayne, Michigan, (Schoolcraft College) for a Water Main Construction Program based upon the terms and conditions as set forth in the attached proposed agreement, the Council does hereby authorize the Mayor and City Clerk to affix their signatures to such a Contract for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. L1301.1.8 The following resolution was unanimously introduced , supported and adopted: #584-72 WHEREAS, it is now legally possible for governments in Michigan to conduct lotteries; and WHEREAS, plans are presently underway at the state level to hold a state-run lottery in September; and WHEREAS, the needs of Michigan's cities for additional revenue is acute; and WHEREAS, inasmuch as the state lottery will be participated in by Michigan citizens who would like to use the lottery revenues to assist their local communities as well as the state; NOW, THEREFORE BE IT RESOLVED: That the City Council urges the Michigan Legislature and the Governor to develop a system of distribution of lottery revenues in such a pattern that half these revenues go to the local government of the community in which the lottery tickets were purchased; and BE IT FURTHER RESOLVED, That copies of this Resolution be sent to the Governor, the members of the Michigan Legislature and to the Mayors of Michigan's twenty largest cities. By Councilman Ventura, seconded by Councilman Milligan, it was #585-72 RESOLVED, that having considered a communication from the Water and. Sewer Board dated June 1, 1972, approved for submission by the Mayor, which transmits its resolution No. WS 1607 5/72 with regard to an offer submitted in behalf of the Republic Development Company to settle their claim for a refund based on an interpretation of the connection rate set forth in Section 5-5C6 of the Livonia Code of Ordinances and with respect to which the Department of Law did submit a legal opinion dated April 10, 1972, Opinion No. 72-5,the Council does hereby approve of and concur in the Water and Sewer Boards recommendation that the City of Livonia accept the offer of Republic Development Company to pay the Sewer Taps on 91 homes at a sewer connection rate in the amount of $350.00 in the manner indicated; further, that all residential permits issued between February 7, 1972 and May 24, 1972 the effective date of Ordinance No. 973 which revised Section 5-5C6 with respect to those cases where a developer's credit was allowed, that the same be refunded to the extent necessary to be consistent with the sum of $350.00 per home; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. 13049 By Councilman Milligan, seconded by Councilman Bennett, it was #586-72 RESOLVED, that having considered a communication from the Industrial Coordinator dated June 1, 1972, approved for submission by the Mayor, to which is attached a communication dated May 12, 1972 from the Pardonnet Management Company wherein an offer is submitted to purchase from the City 1.377 acres of land located in the Northeast 1/4 of Section 27 for a sale price in the amount of $17,500.00, based upon certain terms and conditions including the conveyance of a 60 foot right-of-way to the City by the Pardonnet Management Company commencing at Merriman Road and terminating at the west property line of the land to be conveyed, as well as the installation of a 31 foot wide 9-inch reinforced concrete roadway as indicated in the aforementioned communication, the Council does hereby authorize the Mayor and City Clerk to affix their signatures to a Quit Claim Deed conveying the subject property in the manner indicated as well as to such other Agreements as may be necessary to implement this trans- action; and the Department of Law is hereby requested to prepare the agree- ments and documents required in order to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #587-72 RESOLVED, that having considered a communication from the Rosedale Civic Association with regard to the beautification of the south side of Plymouth Road between Cranston and Ingram, particularly with regard to the parking lots there constructed, the Council does hereby refer the same to the Mayor for his report and recommendation. By Councilman Milligan, seconded by Councilman Brown, it was #588-72 RESOLVED, that the City Engineering having filed with the City Clerk a statement dated March 3, 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 June 12, 1972, after due notice as required by Section 2-507 of said Code, and careful considera- tion having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code; (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the instatlation of ornamental street lighting with underground wiring in Linden Wood Subdivision in Section 32, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; 13050 (3) approve the plans and specifications for the improve- ment as set forth in said statement dated March 3, 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 improvement shall be paid in annual installments according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in the South 1/2 of Section 32, T. 1 S., R. 9 E., City of Livc:.lia, Wayne County, Michigan being more particularly described as follows: Lots 1 through 72 both inclusive of Linden Park Subdivision of part of the South 1/2 of Section 32, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan; (7) direct the City Assessor to prepare a special assess- ment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated March 3, 1972; and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. j: roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Raymond, Milligan and Nash. NAYS: Bennett and Ventura. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, it was 13051 #589-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 30, 1972 on all matters required by Sections 2-506 and 2-51.4 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on June 12, 1972, after due notice as re- quired 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 insofar as in determining the said improvement shall consist of 22 lights installed on existing wood poles and 22 ornamental street lights with underground wiring on the Industrial Road from Levan to Stark, Wayne Road and Glendale Avenue in Section 28, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (2) approve the plans and specifications for the improvement as set forth in said statement dated March 30, 1972; (3) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (4) determine that the assessment made for such improvement shall be paid in annual installments according to said statement; (5) 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 North 1/2 of Section 28 and the N. E. 1/4 of Section 29, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, being more particularly described as follows: Bureau of Taxation Parcels 29EFla, 29Dla, 29Ala,Clal, 29A4a, 29A5a, 29A6a,A7al, 29A7b1, 29A7c1, 28F1a, 28F2a, 28F3a, and Lots la through 16 both inclusive of Richter. & Lipton Industrial Subdivision of part of the N.W. 1/4 of Section 28, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan as recorded in Liber 92, Pages 6 and 7 of Wayne County Records. and 13052 Bureau of Taxation Parcels 28E2ala, 28E2a2a1 and Lots 823a1, 809a2, 809a1 and 808a of Super- visor's Livonia Plat No. 14 of part of the North 1/2 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan as recorded in Liber 70, Page 69 of Wayne County Records. and. Lots 1 through 21 both inclusive of Burton & Share West Side Industrial Subdivision of part of the N. W. 1/4 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan as re- corded in Liber 92, Pages 8 and 9 of Wayne County Records. and Bureau of Taxation Parcels 28G3a, 28G2a, 28G1a, 29B2a, 29B1a,C6a, 29C5a, 29C4a, 29C2a1,C3a1, 29C2a2, 29C1a2,Clbla, 29G1a,G2a, as recorded in Wayne County Records; (6) direct the City Assessor to prepare an Assessment Roll on a per front foot basis with no additional assess- ment for the sideage of corner lots in accordance with the Council's determination on said statement as prepared by the City Engineer dated March 30, 1972; and (7) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. By Councilman Ventura, seconded by Councilman Raymond, it was #590-72 RESOLVED, that having considered a communication dated March 24, 1972 from the City Planning Commission which sets forth its resolution No. 3-85-72 with regard to Petition No. 71-12-1-75 submitted by James Tringali for a change of zoning on property located on the west side of Cardwell between Wadsworth and Plymouth Road in the Southeast 1/4 of Section 25, from R-1 to P, and the Council having conducted a public hear- ing earing with regard to this matter on June 12, 1972, pursuant to Council resolution 402-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-12-1-75 is hereby 13053 approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A. roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #591-72 RESOLVED, that having considered a communication dated March 2Z , 1972 from the City Planning Commission which sets forth its resolution No. 3-84-72 with regard to Petition No. 72-2-6-5 submitted by the City Planning Commission on its own motion to determine whether or not to amend Sections 27.05 and 27.06, R-8 District Regulations and Sections 29.04 and 29.05, R-9 District Regulations, and the Council having conducted a public hearing with regard to this matter on June 12, 1972, pursuant to Council resolution No. 402-72, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation. By Councilman Raymond, seconded by Councilman Ventura, it was #592-72 RESOLVED, that having considered a communication from the Judges of the 16th Judicial District, District Court, dated May 17, 1972, with regard to the need for providing certain additional capital improvement items for the said District Court, the Council does hereby determine to increase the anticipated revenue established in the Budget for the District Court in the amount of $3,000.00 and to authorize an increase in Account No. 970 of the District Court's Budget by a similar amount of $3,000.00 for the purpose of covering the costs involved for those items detailed in the aforesaid communication in the manner and amount stated; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #593-72 RESOLVED, that having considered a communication from the Personnel Director dated May 3, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on April 18, 1972, wherein the Commission did recommend that the classification of Probation Officer III be established with the following salary steps: 130511 Step 1 Step 1 ] '2 Step 2 Step 3 Step 4 Step 5 —_ . L. 41,918.40 $12,188.8o $12,396.80 $12,958.4o $13,457.6o $14,o4o.00 458.4o 468.8o 476.8o 498.4o 517.60 540.00, and that the position of Probation Officer be retitled to Chief Probation Officer, 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: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The item on the agenda with respect to the proposed Autry Avenue paving project, located in Section 27 of the City of Livonia, was removed and will be considered at the next regular meeting to be conducted on July 12, 1972. By Councilman Milligan, seconded by Councilman Raymond, it was 4594-72 RESOLVED, that having considered a communication dated May 31, 1972 from the Michigan Liquor Control Commission with regard to an applica- tion from James T. Elias,II and Thomas Gary Elias, 1128 Beech Street, Plymouth, Michigan, for a new full year Class "C" License to be located in the City of Livonia, Michigan, the Council does hereby determine to refer the same to its Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown, Raymond, Milligan and Nash. NAYS: Bennett and *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'no' vote is cast because I feel that the petitioner should have the opportunity to appear and present tAeir plans. By Councilman Milligan, seconded by Councilman Raymond, it was #595-72 RESOLVED, that having considered a communiration dated June 13, 1972 from the Michigan Liquor Control Commission with regard to an applica- tion from Julius E. Allen, Attorney, 1916 Penobscot Building, Detroit, Michigan, on behalf of Paul Trapani, 30464 Barkley Avenue, Livonia, Michi- gan, for a new full year Class "C" License to be located on Newburgh Road, Livonia, Michigan, the Council does hereby determine to refer the same to its Committee of the Whole for its consideration along with all other such applications. 13055 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Brown Raymond, Milligan and Nash, NAYS: Bennett and *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'no° vote is cast because I feel that the petitioner should have the opportunity to appear and present his plans. By Councilman Ventura, seconded by Councilman Bennett, it was #596-72 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated January 4, 1972, and the report and recom- mendation of the Chief of Police dated June 6, 1972, in connection there- with, the Council does hereby approve of the request from Patricia Ann Morrow of 33653 Five Mile Road, Livonia, Michigan, for a Dance Permit in conjunction with her License No. C4878 - 1971 Class C, said establishment known as 'Pattis Lounge'; and the City Clerk is hereby requested to forward L. a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. Councilman Milligan gave first 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 NO. 72-1-1-6 FOR CHANGE OF ZONING FROM RUF TO M-1. 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. LThe above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 13056 L. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 51.3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 71-12-1-73 FOR CHANGE OF ZONING FROM RUF TO 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 Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. L 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 71-12-1-72 FOR CHANGE OF ZONING FROM RUF TO R-4. 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 SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 72-2-1-11 FOR CHANGE OF ZONING FROM R-1 AND R-5 TO P.S. LThe 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. 13057 By Councilman Ventura, seconded by Councilman Milligan, it was #597-72 RESOLVED, that having considered a communication from Mr. Charles Tarver, Tarver Appliance Mart, 19050 Middlebelt Road, Livonia, Michigan, dated June 9, 1972, wherein Mr. Tarver has indicated an interest in the possible purchase of City-owned property located at 19080 Middlebelt Road which is presently being used as the City's sign facility, the Council does hereby refer the same to the Mayor for his report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The following resolution was unanimously introduced, supported and adopted: #598-72 RESOLVED, that having considered a letter from Janet Skinner, 14135 Marie, Livonia, Michigan, requesting permission to hold a block party, the Council does hereby grant permission to Janet Skinner to conduct a Black Party on Saturday, July 22, 1972, starting at 8:00 p. m. on Marie Street between Mason and Summers; subject to the approval of the Police Department. The following resolution was unanimously introduced, supported and adopted. #599-72 RESOLVED, that having considered a letter from Mrs. Delphine Brockman, 14763 Heyer, Livonia, Michigan, requesting permission to hold a block party, the Council does hereby grant permission to Mrs. Delphine Brockman to conduct a Block Party on Saturday, July 29, 1972 from 8.30 p. m. to 1:00 a. m. on Heyer Street between Elsie and Ross; subject to the approval of the Police Department. The communication dated May 17, 1972 from the Parks and Recreation Commission, which requests the Mayor and City Council to delay the naming of any parksites and to refer such requests to the Commission, was received and filed for the information of the Council. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #600-72 RESOLVED, that in accordance with the provisions set fortn 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, August 7, 1972 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items : 13058 1. Petition No. 72-4-1--21 submitted by Eugene S. Hoiby for Denne Land Company, Inc., for a change of zoning of property located on the east side of Denne Avenue, south of Plymouth Road in the Northwest 1/4 of Section 35, from RUF to P, the City Planning Commission having in its resolution No. 5-136-72 recommended to the City Council that Petition No. 72-4-1-21 be approved; 2. Petition No. 72-3-1-19 submitted by Tom O'Connor for Robert and Orianna M. Alli, for a change of zoning of property located on the west side of Farmington Road, south of Five Mile Road in the Northeast 1/4 of Section. 21, from R-2 to P.S., the City Planning Commission having in its resolution No. 5-135-72 recommended to the City Council that Petition No. 72-3-1-19 be approved; further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the location of the proposed 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 within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #601-72 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated June 6, 1972, submitted pursuant to Council resolution No. 308-72, and having considered a communication dated January 24, 1972 from the City Planning Commission which sets forth its resolution No. 1-5-72 with regard to Petition No. 71-12-6-9 submitted by the City Planning Commission on its own motion to amend Paragraph 18 of Section 2.10, Definitions of Miscellaneous Terms, of Zoning Ordinance No. 543, by adding detailed requirements to the definitions of Site Plan, and the Council having conducted a public hearing with regard to this matter on March 27, 1972, pursuant to Council resolution No. 170-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-12-6-9 is hereby approved and granted with the following revisions Paragraph (c), the word "changes" be deleted and in lieu thereof the following inserted: "features (existing and proposed)." Paragraph (f), that a comma be inserted at the end of the existing language and that the following additional language be inserted: "when installed." Paragraph (i), that the word "as" be deleted; 13059 and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 18.58 THERETO. (Pet.69-2-6-2) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 6 KNOWN AND CITED AS THE "TRAFFIC ORDINANCE" OF THE LIVONIA CODE OF ORDI- NANCES, AS AMENDED, BY AMENDING THE TITLE OF SECTION 6-114 AND BY ADDING SECTION 6-114(e) THERETO. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #602-72 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated June 6, 1972 submittedpursuant to Council resolution No. 433-72, with regard to a communication from the Chairman of the Human Relations Committee dated April 14, 1972, wherein it is suggested that an appropriate ordinance amendment be considered for the purpose of requiring that real estate firms doing business in Livonia would be required to display a notice indicating the existence and general content of the Open Housing Ordinance, the Council does hereby refer the same to the Department of Law for the preparation of a draft for such an ordinance for submission to Council. 13060 By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #60-72 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated June 14, 1972, submitted pursuant to Council resolution No. 610-70, with respect to a proposed amendment to Section 7-108 of the Livonia Code of Ordinances (Building Code) submitted by the Department of Law relating to plot plans, grade monuments, topsoil, retention of trees, etc., the Council does hereby determine to refer the same back to the Department of Law for redrafting of said Ordinance in conjunction with the City Engineer, particularly with reference to proposed Section 115.6 and Paragraphs (a), (b) and (d) thereof. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 6 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING CHAPTER 6 THERETO ENTITLED "THE SNOWMOBILE 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 Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #604-72 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated June 14, 1972, submitted pursuant to Council resolution No. 151-72, in connection with a communication from the Mayor which submitted a proposed resolution and ordinance with respect to alarm systems connected to the Police Dispatch Board, the Council does hereby refer the same back to the Department of Law and Police Department for the purpose of drafting a new ordinance which would include the follow- ing: (a) Definition of false alarm. (b) Punitive language with respect to careless actions of employees and failure to properly maintain equipment. (c) Clarification as to Police Dispatch Board. By Councilman Milligan, seconded by Councilman Raymond, it was L13061 #605-72 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated June 14, 1972, submitted pursuant to Council resolution No. 405-72, and having considered the communication from the City Planning Commission dated May 10, 1971 which sets forth its resolution No. 4-102-71 with regard to Petition No. 71-3-6-2 submitted by the City Planning Commission to amend Ordinance No. 543, the Zoning Ordinance of the City of Livonia, by adding a new Article entitled C-3 District Regulations, and the Council having conducted a public hearing with regard to this matter on April 10, 1972, pursuant to Council resolu- tion No. 221-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-3-6-2 is hereby approved and granted with certain language changes as indicated by the Legislative Committee; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Raymond, Milligan and Nash. NAYS: Ventura. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Bennett, it was #606-72 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated June 14, 1972, submitted pursuant to Council resolution No. 425-72, with regard to a communication from the Department of Law dated April 4, 1972 which transmitted a proposed Cat Control Ordinance, the Council does hereby determine to establish an Ad Hoc Citizens Committee for the purpose of submitting a proposed Domesticated Animal Ordinance and establishing an educational campaign, and requests the Mayor to appoint citizens to fill the positions on said. Committee within 10 days of the effective date of resolution establishing said Committee; and the Committee is requested to make its initial report and recommendation within 60 days after its formation. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Raymond, Milligan and Nash. NAYS: *Brown and Ventura. I`he President declared the resolution adopted. *Councilman Brown made the following statement: My 'no' vote is cast as x feel that this matter should be decided right now, and if there are any problems, L they could be tackled later. 13062 By Councilman. Milligan, seconded by Councilman McCann, and unanimously adopted, it was #607-72 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated June 14, 1972, submitted pursuant to Council resolution No. 494-72, and having considered the communication dated February 29, 1972 from the City Planning Commission which sets forth its resolution No. 2-43-72 with regard to Petition No. 72-1-6-1 submitted by the City Planning Commission to amend Section 20.01 of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, by adding regulations for a new district entitled Planned Residential Developments and Planned General Development, and the Council having conducted a public hearing with regard to this matter on May 8, 1972, pursuant to Council resolution No. 303-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-1-6-1 is hereby approved and granted with the following language changes: Page 6 - after the phrase "those conditions to be imposed upon the project," insert the phrase "its operation." Page 7 - capitalize the phrase "Planned Residential Development." and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. Councilman Milligan gave first reading to the following Ordinance AN ORDINANCE AMENDING ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 18.47 THERETO. RE: PETITION NO. 72-1-6-2. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication dated September 28, 1971 from the City Planning Commission which sets forth its resolution No. 9-256-71 with regard to Petition No. 71-6-1-47 submitted by Steve and Anna Oliwek for a change of zoning on property located on the west side of Newburgh Road, south of Six Mile Road in the Northeast 1/4 of Section 18, from R-3-B to P.S., and the Council having conducted a public hearing with regard to this matter on January 10, 1972 pursuant to Council resolution No. 1016-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-6-1-47 is hereby approved and granted; and the City Planner is hereby instructed to cause the 13063 L necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. By Councilman Brown, seconded by Councilman McCann, it was RESOLVED, that having considered a communication dated September 28, 1971 from the City Planning Commission which sets forth its resolution No. 9-256-71 with regard to Petition No. 71-6-1-47 submitted by Steve and. Anna Oliwek for a change of zoning on property located on the west side of Newburgh Road, south of Six Mile Road in the Northeast 1/4 of Section 18, from R-3-B to P.S., and the Council having conducted a public hearing with regard to this matter on January 10, 1972 pursuant to Council resolution No. 1016-71, the Council does hereby determine to table this matter to the firstmeeting to be conducted in November 1972. A roll call vote was taken on the motion to table, with the following result: AYES: McCann, Bennett and Brown, NAYS: Ventura, Raymond, Milligan and Nash. LThe President declared the motion to table, DENIED. A roll call vote was taken on the original resolution with the following result: AYES: Ventura, Raymond and Nash. NAYS: McCann, Bennett, Brown and Milligan. The President declared the resolution DENIED. By Councilman Bennett, seconded by Councilman Brown, it was #608-72 RESOLVED, that having considered a communication dated September 28, 1971 from the City Planning Commission which sets forth its resolution No. 9-256-71 with regard to Petition No. 71-6-1-47 submitted by Steve and. Anna Oliwek for a change of zoning on property located on the west side of Newburgh Road, south of Six Mile Road in the Northeast 1/4 of Section 18, from R-3-B to P.S., and the Council having conducted a public hearing with regard to this matter on January 10, 1972 pursuant to Council resolution No. 1016-71, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 71-6-1-47 is hereby denied for the following reasons: (1) This petition constitutes spot zoning inasmuch as the L area to be rezoned is physically small and the permitted uses of the P.S. District would be unrelated to the surrounding uses of the area. (2) The proposed zoning change would discourage the orderly and appropriate development of the surrounding residential area. 13064 L A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown and Milligan. NAYS: Ventura, Raymond and Nash. The President declared the resolution adopted. The following resolution was unanimously introduced, supported and adopted. #609-72 RESOLVED, that having considered a letter from the Denmar Civic Association, Social Committee, dated June 20, 1972, requesting permission to hold its Annual Street Dance, the Council does hereby grant permission to the Denmar Civic Association, Social Committee, to conduct its Annual Street Dance on Brookview Avenue between Parklane and Woodside from 8:30 p. m. to 1:30 a. m. on Saturday, July 22, 1972; subject to the approval of the Police Department. By Councilman Bennett, seconded by Councilman McCann, it was #610-72 RESOLVED, that having considered a communication dated June 23, 1972 from the Assistant City Assessor, approved for submission by the Mayor, with regard to a request from Mr. Ernest Justus, 18101 Middlebelt, Livonia, Michigan 48150, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of L Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division or partition of Tax Item 11LL4a1;5a1 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does accordingly, approve of dividing of same into three parcels, the legal descriptions of which shall read as follows: Parcel "A" A parcel of land in and being a part of the SE 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Michigan more particularly described as follows: Beginning at a point on the E. line of said Sec. 11 distant due South 449.63' from the E 1/4 corner of Sec. 11; thence proceeding due South 76.50' ; thence Due West 228.00'; thence Due North 76.50' ; thence Due East 228.00' to the point of beginning; EXCEPT- ING the E'ly 60.00' thereof taken for Middlebelt Road. Parcel "B" A parcel of land in and being a part of the SE 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Michigan more particularly described as follows: L Beginning at a point on the S. line of Mark Lane (60' wide) distant due South 449.63' and due West 228.00' from the E 1/4 corner of Sec. 11, thence Due South 141.50' ; thence due West 75.00' ; thence due North 141.50' ; thence Due East 75.00' to the point of beginning. 13065 Parcel "C" A parcel of land in and being a part of the SE 1/4 of Section 11, T. 1 S., R. 9 E., City of Livonia, Michigan more particularly described as follows : Beginning at a point on the E. line of said Sec. 11 distant due South 526.13' from the E 1/4 corner of Sec. 11; thence proceeding due South 65.00' ; thence due West 228.00' ; thence due north 65.00' ; thence Due East 228.00' to the point of beginning; EXCEPTING the Elly 60.00' thereof taken for Middlebelt Road; as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. I roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #611-72 RESOLVED, that having considered a communication from the Depart- ment of Law, dated June 15, 1972, approved by the Chief Inspector and Industrial Coordinator, and approved for submission by the Mayor, with regard to E. E. Powell General Contracting Company, a Michigan Corporation, v. City of Livonia, et al., Wayne County Civil Action N67149301, the Council does hereby authorize the payment of the sum of $2000 by way of full and complete settlement of all claims of plaintiff in this litiga- tion; and the Department of Law is hereby requested to prepare appropriate releases and stipulations of dismissal with regard to this matter; and the Council does hereby authorize the expenditure of the aforesaid sum of $2000 from the Unexpended Fund Balance Account for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was 1306E #632-72 RESOLVED, that the proposed ordinance amending Section. 7-115 of Chapter 1 of Title 7 (Building Codes) of the Livonia Code of Ordinances, submitted by the Department of Law under date of June 15, 1972, is hereby referred to the Legislative Committee for its report and recommendation. By Councilman Milligan, seconded by Councilman Ventura, it was #613-72 RESOLVED, that having considered the report and recommendation dated June 23, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, and also the Architect's Report and Recommendations dated June 19, 1972, from firm of Ralls-Hamill-Becker Associates Inc., Architects, the Council does hereby accept the combined base bid for all three (3) buildings plus Alternates #31, #32, #33 and #36 for the General Contract work as submitted by the Monolith Corporation Company in the amount of $129,193.00; also the combined base bid for all three (3) buildings plus Alternates #41 and #46 for the Mechanical Contract work as submitted by Norman D. NelsoaCo., in the amount of $93,640.00, also the combined base bid for all three buildings plus Alternates #51, #56, and #57 for the Electrical Contract work as submitted by Hanlon Electric, Inc., in the amount of $36,102.00, also the base bid for the Prefabricated Building work as submitted by Detroit Steel Buildings, Inc. , in the amount of $66,630.00; said bids hav- ing been, in fact, the low bids received for the construction of the City's Department of Public Works Facilities and being in accordance with the plans and specifications prepared by the firm of Ralls, Hamill, Becker Associates, Inc., as authorized by Council resolution #261-72, and the Council does hereby appropriate an amount not to exceed $325,565.00 in the following manner: $90,324.00 from Water Department Fund Account, $90,324.00 from Sewer Department Fund Account and $144,917.00 from the Unexpended Fund Balance Account of the General Fund, and which amount represent the total of the four (4) aforesaid contracts, and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute contracts for and on behalf of the City of Livonia with the aforesaid bidders and do all things necessary or incidental to the full performance of this resolution. A -01i call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Milligan, seconded. by Councilman Brown, it was #614-72 RESOLVED, that having considered the report and recommendation dated June 26, 1972, from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Detroit Concrete Products Corp., P.O. Box 344, 44300 Grand River, Novi, Michigan, for constructing the paving improvements for the 1972 Miscellaneous Residential Street Paving Program in the City of Livonia in accordance with plans and specifications prepared by the Engineering Division attached to the aforesaid communica- tion of the City Engineer, for the estimated total cost of $356,522.63 1;067 based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work, provided, however, that the portion of the program which includes Arcola Avenue, South of Five Mile Road and Vargo Avenue, West of Merriman Road, be completed only at such time as the Public Hearing of Apportionment has been completed and the Assessment Rolls have been Confirm- ed by subsequent Council Action for these two locations, and the Council does hereby authorize an advance in an amount not to exceed $356,522.63 from the $9.8 Million Dollar General Road Improvement Bond Issue, which amount shall be reimbursed from special assessment districts established. for this purpose; and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as completed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A. roil call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #615-72 RESOLVED, that having considered the report and recommendation dated June 28, 1972, from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the proposed improvement of the Senior Citizens' Drop-In Center Parking Lot, the Council does hereby approve of the permanent improvement of the exist- ing and expanded parking lot with a 3 1/2" asphalt surface in the manner detailed in the aforesaid communication and does further authorize adding this work to the contract awarded to the Detroit Concrete Products Corpo- ration for the 1972 Miscellaneous Residential Street Paving Program on the basis of the unit prices bid, the estimated overall cost of which is $24,800.00; and the Council does also authorize the Operations Division of the Department of Public Works to install additional storm sewer facilities, the estimated cost of which is $1,800.00, for the purpose of purchasing materials needed to complete this work; and the Council does hereby request the Building Authority^to approve this project as well as authorize the use of any and all available bond proceeds and fund balances of the $345,000.00 Revenue Bond Issue for the purpose of improving and expanding the aforesaid parking facility. , zoll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash, NAYS: None. 13068 By Councilman Raymond, seconded by Councilman Brown, and unanimously ariopted, this 738th regular meeting of the Council of the City of Livonia, was duly adjourned at 10:25 p. m., June 28, 1972. --(431e--1.4L-k) ADDISON W. BACO y Clerk.