Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1971-12-01 12589 L MINUTES OF THE SEVEN HUNDRED TWENTY-FOURTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On December 1, 1971, 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 8:13 P. M.. Councilman Brown delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Robert E. McCann and Robert D. Bennett. Absent--Jerry Raymond and Edward G. Milligan. (Councilman Raymond and Councilman Milligan were representing the City in another capacity) Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works; Ronald Mardiros, City Assessor; H. Patrick O'Neill, Director of Civil Defense; Rudolf R. LKleinert, Director of Public Safety-Fire; John T. Dufour, Superintendent of Parks and Recreation; Carl Demek, Superintendent of Operations Division; Calvin Roberts, Fire Chief; Robert Turner, Police Chief; G. E. Siemert, City Engineer; James L. Miller, Personnel Director; H. L. Bridges, Assistant City Assessor; Dan Gilmartin, Industrial Coordinator; John Nagy, City Planner; Frank Kerby, Chief Building Inspec- tor; Jack Dodge, Budget Director; Thomas J. Griffiths, Jr., Chief Accountant; and Suzanne Taylor of the Planning Commission. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1079-71 RESOLVED, that the minutes of the 723rd regular meeting of the Council of the City of Livonia, held on November 17, 1971, are hereby approved. The communication dated November 17, 1971 from the Livonia Housing L Commission, with respect to the completion date of McNamara Towers #2, was received and filed for the information of the Council. 12590 By Councilman McCann, seconded by Councilman Brown, it was #1080-71 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director, dated November 8, 1971 and approved for submission by the Mayor, the Council does hereby accept the bid of Miller Equipment Co. of Detroit, P. 0. Box 2036, 32910 Plymouth Road, Livonia, Michigan 48150, for supplying the Operations Division with one (1) new M-B Cruiser 11, 4-Wheel Self Propelled Street Sweeper at a unit price of $17,468.75, less $3,250.00 trade-in allowance on a 1961 Wayne Sweeper, Model 2-460, Serial No. H23923 (DPW Veh. No. 107), for a net price of $14,248.75, the same having been in fact the lowest bid meeting specifications for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director, dated October 29, 1971 and approved for submission by the Mayor wherein it is recommended that the low and sole bid of Minnesota Mining and Manufacturing Company, 3MCenter-Bldg., St. Paul, Minnesota 55101, be accepted for supplying the Operations Division with traffic sign faces, roll goods and letters for the calendar year of 1972, the Council does hereby determine to reject and deny approval with respect to same and refers this matter back to the Department of Public Works for the purpose of obtaining new bids with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura. NAYS: Brown, McCann, Bennett and Nash. The President declared the resolution DENIED. By Councilman McCann, seconded by Councilman Bennett, it was #1081-71 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director, dated October 29, 1971 and approved for submission by the Mayor, the Council does hereby accept the bid of Minnesota Mining and Manufacturing Company, 3M Center-Bldg., St. Paul, Minnesota, 55101 for supplying the Operations Division with Traffic Sign Faces, Roll Goods and Letters for the calendar year of 1972 at the prices and discounts stated in the catalog accompanying the foregoing bid, the estimated cost of which for 1972 is approximately $3,000.00, the same having been in fact the lowest and only bid with respect to this item. 12591 IL, A roll call vote was taken on the foregoing resolution with the following result: AYES' Brown, McCann, Bennett and Nash. NAYS: Ventura. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Brown, it was #1082-71 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director, dated November 1, 1971, and approved for submission by the Mayor, the Council does hereby accept the bid of Gar Wood Detroit Truck Equipment, Inc., 21083 Mound Road, Warren, Michigan 48091, for supplying the Operations Division with a thirteen (13) cubic yard capacity Vac-All model E-513 Vacuum Type Catch Basin Cleaner mounted on a Ford CT-800 Chassis at a net price of $23,053.52, which includes the trade-in of a 1952 Minneapolis-Moline Tractor, Ser. No. 0144903-741 (DPW Veh. No. 111), the same having been in fact identical to the lowest bid received with respect to this item as indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #1083-71 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director dated October 26, 1971 and approved for submission by the Mayor, the Council does hereby accept the bid of Telford & Doolen, Inc., 32971 Capital, Livonia, Michigan 48150, for supplying the Operations Division with one (1) new Wabco, Model 444 Road Grader at a unit price of $24,137.00, less $2,000.00 trade-in allowance on a 1952 Galion Grader, Model No. 118, Ser. No. MD-18570-118UDC832195OF, for net price of $22,137.00 (DPW Veh. No. 105), the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was RESOLVED, that having considered a communication from the Budget Director dated November 22, 1971, approved for submission by the Mayor, the Council does hereby accept the bid of Century, Press, 27266 Wick Road, 12592 Taylor, Michigan 48180, for supplying the City with all printing matter as stated in the bid attached to the aforesaid communication, with the exception of envelopes, since Century Press is low bidder with regard to the majority of these items and for the reasons indicated by the Budget Director; and the Council further accepts the bid of Curtis 1000, Inc., P. O. Box 6716, Detroit, Michigan 4824o, for supplying envelopes in purchases of 5,000 or more in the manner stated in the aforesaid attached bid, and for the reasons indicated by the Budget Director. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #1084-71 RESOLVED, that having considered a communication from the Budget Director dated November 22, 1971, approved for submission by the Mayor, with respect to the recommendation on bids for Printing for the City, the Council does hereby refer the same to a meeting of the Committee of the Whole to be conducted on December 13, 1971 at 7:00 P. M. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #1C85-71 RESOLVED, that having considered a communication dated October 8, 1971 from Mr. Joseph M. Bane, 1410 Telegraph Road, Pontiac, Michigan, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the City of Livonia Zoning Ordinance, the Council does hereby determine to deny the request for dividing Tax Parcel 02B11b, Elmwood Farms Subdivision, into four parcels since the same would create four parcels which would be in violation of the City's Zoning Ordinance and law. By Councilman Ventura, seconded by Councilman Bennett, it was #1086-71 RESOLVED, that having considered a communication dated October 21, 1971 from Mr. Walter J. Abraham, 29127 Five Mile Road, Livonia, Michigan 48154 and in accordance with 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 and combination of Lots 109, 110 and 111, Dohany Subdivision, would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing and combin- ing of same into two parcels the legal descriptions of which shall read as follows : (a) South 1/2 of Lot 110 and all oof Lot 111, T. 1 S., R. 9 E., Liber 64, Page 95, Wayne County Records. (b) North 1/2 of Lot 110 and all of Lot 109, T. 1 S., R. 9 E., Liber 64, Page 95, Wayne County Records, 12593 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. By Councilman Bennett, seconded by Councilman Brown, it was RESOLVED, that having considered a communication dated October 21, 1971 from Mr. Walter J. Abraham, 29127 Five Mile Road, Livonia, Michigan 48154, with respect to the division and combination of Lots 109, 110 and 111, Dohany Subdivision, the Council does hereby determine to table this matter until such time as the Attorney for the petitioner submits his report with respect to negotiations for the possible purchase of Lot 112, Dohany Subdivision. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown and Bennett. NAYS: Ventura, McCann and Nash. The President declared the tabling motion DENIED. A roll call vote was taken on the original resolution with the following result. AYES: Ventura, McCann and Nash. NAYS: Brown and Bennett. The President declared the resolution adopted. The communication dated November 9, 1971 from the City Clerk, with respect to the AuditorTs comments and recommendations on General and Other Funds ending November 30, 1970 and Water and Sewer Fund ending February 28, 1971, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Ventura, it was #1087-71 RESOLVED, that having previously met and discussed with the Mayor, City Clerk, Budget Director and Chief Accountant, and also the representatives of the Audit firm of Lybrand, Ross Bros. & Montgomery, regarding the independent audit conducted by said firm in their examination of the financial records of the City of Livonia for the year ended November 30, 1970 and of the funds of the Water and Sewer Division for the year ended February 28, 1971 and its comments and recommendations based on observations during their examination, the Council does hereby determine to authorize the following: 1. Amend Resolutions Nos. 299-64 and 530-65 specifying that the sums therein designated for Capital Improvements for Recreational Purposes be rescinded and said funds be transfer- red to account #263-993 and 997-"Acquisition of Land - Land Contracts Principle and Interest" 12594 2. That the Mayor and City Clerk be requested to prepare and submit to Council a joint recommendation with regard to item 16 of the auditor's report - "Practice of Accounting for Employees Sick Leave Benefits", and how such benefits shall be funded and provided for in future budgets, and further that such recommendations will be provided for in the Preliminary Budget submitted by the Mayor for the Fiscal Year 1972-3. 3. That the Council authorize the City Clerk to transfer approximately eighty (80) percent of the retained earnings of the Golf Course and Concession Special Funds at the close of the 1970-71 fiscal year to the General Fund to pay in part accumulated deficits occuring in the operations of the City's Ice Rink and Swimming Pool Special Funds for the year ending November 30, 1970. 4. That the Council approves that the sum of approximately $14,000.00 having been previously authorized as an advance to the Livonia Municipal Building Authority from the General Fund for the purpose of providing funds to obtain architectur- al studies and preliminary plans for the proposed construction of certain municipal buildings in the Civic Center and contingent upon such funds being reimbursed at such time as monies become available from the sale of Revenue Bonds of the Municipal Building Authority as set forth in Resolution #1204-66, be hereby cancelled as a charge due on the records of the City and that same be considered as an item of expense to the General Fund, inasmuch as there appears to be no further plans at this time with regard to this matter. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, McCann, Bennett and Nash. NAYS: None By Councilman Bennett, seconded by Councilman McCann, it was #1088-71 RESOLVED, that having considered a communication from the City Planning Commission dated November 2, 1971, which transmits its resolution No. 10-290-71, adopted by the Commission on October 19, 1971 with regard to Petition No. 71-10-8-16 submitted by Lindhout Associates for Pritchard Heating requesting use and site plan approval for a building to be located on the north side of Five Mile Road between Mayfield and Brookfield in the Southwest 1/4 of Section 15, the Council does hereby, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 71-10-8-16 is hereby approved, such approval to be based upon the same conditions as those which 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: Brown, Ventura, McCann, Bennett and Nash. NAYS: None. 12595 The communication dated November 9, 1971 from the City Planning Commission transmitting copy of restrictive covenants and agreements with respect to Petitions 71-8-1-51 and 71-8-1-52 (Belcrest Realty for Livonia Associates), was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman McCann, it was #1089-71 RESOLVED, that having considered a communication from the Director of Civil Defense dated November 16, 1971, approved by the Budget Director and approved for submission by the Mayor, with regard to the construction of certain offices in the area adjacent to the Police Communi- cation Room, the Council does hereby authorize the transfer of the sum of $500.00 from the Unexpended Fund Balance Account to the Civil Defense Capital Outlay Account No. 429-970 in order to purchase necessary material for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #1090-71 RESOLVED, that having considered a communication from the Burton- Share, Inc., dated November 8, 1971, concerning the use of Lots 6 and 7 in the Plymouth-Levan Industrial Subdivision for the construction of facilities to house Wonderland Sales, Inc., for their operation which consists of ski equipment, snow-mobiles, motorcycles, etc., the Council does hereby determine to approve such use in accordance with deed restrictions provided with respect to the subject subdivision; this action shall not be construed in any manner whatsoever as waiving; or in any manner otherwise constituting compliance with such rules, regulations, ordinances and laws of the City of Livonia or the State of Michigan as may be applicable to the proposed use. By Councilman Brown, seconded by Councilman McCann, it was #1091-71 RESOLVED, that having considered a communication from the Personnel Director dated November 8, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on October 19, 1971, wherein it is recommended that Council resolution No. 596-71 be amended so as to provide an effective date in the proposed adjustment for Planners III promoted to Planners IV of December 1, 1970, the Council does hereby determine to concur in and approve of such action and for this purpose amends Council Resolution No. 596-71 so as to provide that the effective date for same shall be December 1, 1970 rather than July 15, 1971. 12596 A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Ventura, McCann, Bennett and Nash. NAYS: None. The communication dated November 11, 1971 from the Mayor with respect to Automobile Accidents (Police Vehicles) was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Bennett, it was #1092-71 RESOLVED, that having considered the report and recommendation dated November 9, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, concerning side- walk installation at the following locations : (1) North side of Lyndon, east of Merriman Road Bureau of Taxation Parcel 23G27a,28a1,29a Section 23 (2) North side of Lyndon, west of Merriman Road L Bureau of Taxation Parcel 23G30a Section 23 (3) North side of Lyndon, east of Bainbridge Bureau of Taxation Parcel 23G69a1 Section 23 (4) North side of Lyndon, east of Bainbridge Bureau of Taxation Parcel 23G69a2 Section 23 (5) North side of Lyndon, west of Harrison Bureau of Taxation Parcel 24c8b Dutch Mill Gardens (6) North side of Lyndon, west of Harrison Bureau of Taxation Parcel 24c5 Dutch Mill Gardens (7) North side of Lyndon, west of Harrison Bureau of Taxation Parcel 24c2c, 3c, 4c Dutch Mill Gardens (8) North side of Lyndon, west of Harrison Bureau of Taxation Parcel 24cic Dutch Mill Gardens 12597 and for the reasons therein stated, the Council does hereby require the respective owners of lots and premises referred to above, to construct and install sidewalks in front of, adjacent to and abutting such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution, which is made pursuant to the City's Code of Ordinances, as amended, Title 5, Chapter 1, Section 5-137; and further, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work on or before July 1, 1972; further, the Council does hereby authorize the Engineering Division to include construction of stbwalks along the dight City-owned parcels referred to in the aforesaid communication as part of the 1972 Miscellaneous Sidewalk Program and for this purpose authorizes the expenditure of a sum not to exceed $6,400.00 from the Unexpended Fund Balance Account, and, further, the Council does hereby request that the Livonia Board of Education arrange for the construction of sidewalks at the following two locations, or, in the alternative, should the Board determine to have these sidewalks included in the City's 1972 Miscellaneous Sidewalk Program, that the Board of Education agree to reimburse the City for the cost of same: (1) South side of Lyndon Avenue, west of Park Avenue Bureau of Taxation Parcel 2OM2al, 3a1, 4bla Section 20 (2) South side of Lyndon, east of Ellen Drive Bureau of Taxation Parcel 21N8al, P2a Section 21. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #1093-71 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated November 2, 1971, approved by the Budget Director and approved for submission by the Mayor with respect to the use of the Devon-Aire Ice Rink by the Red Wing Oldtimers to conduct a hockey school for youngsters, commencing August 7, 1972 and terminating September 2, 1972, the hours of operation of which would be as follows: Mondays thru Fridays 8 A. M. - 8.30 P. M. Saturdays 8 A. M. - 2:00 P. M. and the rental rate of which would be $1,500.00 per week (for a total of $6,000.00) and such agreement to be based on the use of such facility by the Parks and Recreation Department after 8:30 p. m. during the week and after 2:00 p. m. on Saturdays and all day on Sundays for general skating and ice rental, the Council does hereby approve of the use of the Devon- Aire Ice Rink for this purpose, and does further authorize the Mayor and the City Clerk to execute a Lease Agreement to be prepared by the Depart- ment of Law between the City and the Red Wing Hockey School personnel for this purpose, such agreement to be in proper legal form and to contain the provisions and conditions which are set forth herein. 12598 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Ventura, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the City Engineer dated October 28, 1971, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize and request the City Clerk to make application to the Detroit Edison Company on forms provided by such Company for the installation of two lights in Parking Lots A and C and four lights in Parking Lots B and D in the Plymouth Road Parking Lots located on the south side of Plymouth Road between Hubbard and Merriman in the City of Livonia, Michigan, such street lights to be of suitable lumen strength. By Councilman McCann, seconded by Councilman Bennett, it was #1094-71 RESOLVED, that having considered a communication from the City Engineer dated October 28, 1971, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the proposed lighting of the Plymouth Road Parking Lots, the Council does hereby refer this matter back to the City Engineer, as well as to the Planning Director, for a report and recommendation pertaining to the availability of more aesthetically pleasing lights for this project, as well as a report as to whether the City may purchase the same from a source other than the Detroit Edison Company. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, McCann, Bennett and Nash. NAYS : None. By Councilman McCann, seconded by Councilman Bennett, it was #1095-71 RESOLVED, that having considered a communication from the Department of Law dated November 10, 1971, transmitting for Council acceptance a Grant of Easement dated November 1, 1971, executed by the Mahlen Land Corp., a Michigan Colporation, by its secretary, Robert H. Pastor, conveying to the City an easement which easement is more particu- larly described as follows: North 8 feet of that part of the S. W. 1/4 of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as beginning at a point on the north line of Schoolcraft Road distant N. 0° 04' 55" W, 102 ft. and S. 89° 52' W, 43 feet from the S. 1/4 corner of Section 22 and proceeding thence S. 89° 52' W, along said line, 215.27 ft; thence N. 0° 02' 35" Y., 175 ft. ; thence N. 89° 52' E, 215.15 ft; thence S. 0° 0455" E, 175 feet to the point of beginning. (Bureau of Taxation Parcel 22Z3c3a,Z3c4a) (Purpose: staum sewer extension) 12599 the Council does herein for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is herein requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #1096-71 RESOLVED, that having considered a communication dated November 15, 1971 from the Department of Law transmitting for acceptance a Grant of Easement dated May 29, 1971, executed by Richard H. Funk and Lucille G. Funk, his wife, which conveyance is more particularly described as: That part of Lot 120 Brightmoor Home Acres Subdivision, as recorded in Liber 51, Page 1, Wayne County Records, described as beginning at the intersection of the west line of Brookfield Avenue (50 feet wide) and the north line of Five Mile Road (176.5 feet wide), said point being 16.5 feet north of the S.E. corner of said lot; thence west along said north line of Five Mile Road 25 feet; thence north, 1 foot; thence east, 16.5 feet; thence northeasterly, 11.34 feet to a point on the east line of said lot, thence south along the east line of said lot, 8.5 feet to the point of beginning. (Purpose: construction of public walkway in connection with the Five Mile Road paving project. ) the Council does herein 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 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: Brown, Ventura, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #1097-71 RESOLVED, that having considered a communication dated November 16, 1971 from the Department of Law, submitted pursuant to council resolution No. 901-71, transmitting for Council acceptance a Warranty Deed dated November 13, 1971 executed by Harry Landsman and Zelda Landsman, his wife, Leonard Moss and Beebe Moss, his wife, Theodore Glass and. Berdye Glass, his wife; and Sam Siegel and Anna Siegel, his wife, conveying land (Park Site Designation 1-32) more particularly described as : 12600 The south 647 feet of the following described parcel: That part of the N. E. 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as beginning at a point on the N. line of said section distant N. 89° 50' 50" E, 143.0 ft. from the N. 1/4 corner of Section 9 and proceeding thence N. 89° 50' 50" E. along said line, 119.10 ft.; thence S. 0° 35' 26" E, 253.0 ft.; thence N. 89° 50' 50" E., 107.0 ft., thence N. 0° 35' 26" W, 253.0 ft. , thence N. 89° 50' 50" E. along the N. section line, 126.70 ft.; thence S. 00 35' 26" E. 2673.85 ft. ; thence N. 88° 38' 10" W. along the E. and W. 1/4 section line, 491.30 ft. to the center 1/4 corner of Section 9; thence N. 0° 41' 36" W. along the N. and S. 1/4 Section line, 2407.88 ft.; thence N. 89° 50' 50" E. 143.0 ft. ; thence N. 0° 41' 36" W. 253.0 ft. to the point of beginning. (Bureau of Taxation Parcel 09B2a, B2bl) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty Deed and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city owned and exempt. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #1098-71 RESOLVED, that having considered a communication dated November 22, 1971 from the Department of Law, submitted pursuant to council resolution No. 986-71, transmitting for council acceptance a Warranty Deed dated November 18, 1971, executed by E. D. Dougherty, president, and W. G. Kiekbusch, vice president, conveying certain land which land is more particularly described as : Commencing at the Southwest corner of Section 15, Town 1 South, Range 9 East, thence northerly along the west line of Section 15, 60 feet to a point; thence easterly parallel with the south line of Section 15, 60 feet to the point of beginning, thence northerly parallel with the westerly line of Section 15, 129 feet to a point, thence easterly parallel with the southerly line of Section 15, 100 feet to a point; thence southerly parallel with the westerly line of Section 15, 129 feet to a point; thence westerly parallel with the southerly line of Section 15, 100 feet to the point of beginning. Said premises being part of the westerly 181.5 feet of the southerly 165.0 feet of the southwest 1/4 of Section 15, Town 1 South, Range 9 East, and part of Lot No. 10, Brightmore Home Acres Subdivision as recorded in Liber 51, Page 1 of Plats, Wayne County Records. 12601 the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty Deed and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds; further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city owned and exempt; and further, the Council does hereby authorize the expenditure of the sum of $258.62 from the Motor Vehicle Highway Funds for the purpose of paying the assessment due for sidewalk construction, on this property, as set forth in Special Assessment Roll No. 68; and the City Clerk, the City Assessor, and the City Treasurer are herein 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: Brown, Ventura, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #1099-71 RESOLVED, that having considered a communication dated November 19, 1971 from the Department of Law submitted pursuant to council resolu- tion No. 900-71, transmitting for acceptance a Warranty Deed dated November 15, 1971 executed by Pyramid Investment Company, a Michigan Company, by its president Murray Koorhan, its treasurer David S. Bodzin, and its treasurer, Charles Rosenblatt, conveying certain land (City Park Site Designation E-26) which land is more particularly described as: That part of Section 5, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as being East 1/2 of East 1/2 of Southeast 1/4 of Section 5, except the east 10.0 acres thereof. (Bureau of Taxation Parcel 05K1 - 29.86 acres) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty Deed and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city owned and exempt. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, McCann, Bennett and Nash. NAYS : None. By Councilman Brown, seconded by Councilman Ventura, it was 12602 #1100-71 RESOLVED, that having considered a communication dated December 28, 1970 from the City Planning Commission which sets forth its resolution #11-126-70, with regard to Petition No. 69-7-1-23 submitted by John F. Dooley, Attorney for Gil Investment Company, Inc., for a change of zoning on the north side of Schoolcraft Road, east of Levan, in the Southeast 1/4 of Section 20 from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on November 15, 1971 pursuant to Council resolution No. 929-71, the Council does hereby determine to table this matter to the next Regular Meeting to be conducted on December 15, 1971. A roll call vote was taken on the foregoing resolution with the following result: AYES : Brown, Ventura and Bennett. NAYS. McCann and Nash. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #1101-71 RESOLVED, that having considered a communication dated August 16, 1971 from the City Planning Commission which sets forth its resolution No. 8-221-71 with regard to Petition No. 71-6-1-40 submitted by William N. Ponder, Attorney for Harry and Mary Pierce for a change of zoning on the southwest corner of Farmington Road and Richland in the Northeast 1/4 of Section 14 from RUF to PS, and the Council having conducted a public hearing with regard to this matter on November 15, 1971, pursuant to Council resolution No. 929-71, the Council does hereby concur in the recom- mendation of the Planning Commission and the said Petition No. 71-6-1-40 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #1102-71 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, January 24, 1972 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: (1) Petition No. 71-9-1-57 submitted by John Dooley, Attorney for Warren M. Strong for a change of zoning of property located north of Five Mile Road, east of Middlebelt Road in the Southwest 1/4 of Section 13 from RUF to C-2, the City Planning Commission having in its resolution No. 10-278-71 recommended to the City Council that Petition No. 71-9-1-57 be denied; 12603 (2) Petition No. 71-9-1-56 submitted by Clarence R. Charest and Frank A. Clancy for a change of zoning on property located on the south side of Five Mile Road between Fairfield and Hubbard Road in the Northwest 1/4 of Section 22 from R-7 to P, the City Planning Commission having in its resolution No. 10-275-71 recommended to the City Council that Petition No. 71-9-1-56 be approved; (3) Petition No. 71-8-1-55 submitted by William N. Ponder, Attorney for E. David Auer for a change of zoning of property located south of Ann Arbor Trail and east of Wayne Road in the Southwest 1/4 of Section 33, from C-1 and RUF to C-2, the City Planning Commission having in its resolution No. 10-274-71 recommended to the City Council that Petition No. 71-8-1-55 be denied; further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing cause to have a statement indicating the location of the proposed changes 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 615) 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 Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1103-71 WHEREAS, pursuant to the direction of the City Council in its resolution No. 883-71 adopted on September 22, 1971, and in accordance with Section 2-511 of the Livonia Code of Ordinance, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of November 5, 1971 an assessment roll dated November 2, 1971 covering the street improvement on Antago between Seven Mile Road and Vassar Avenue in Section 1, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 883-71, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is tige directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, January 24, 1972 at 8.00 P. M. to review the said special assess- ment roll at which time and place opportunity will be given to all inter- ested persons to be heard, 12604 IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of January 24, 1972; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1104-71 WHEREAS, pursuant to the direction of the City Council in its resolution No. 830-71 adopted on September 8, 1971 and in accordance with Section 2-511 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of October 19, 1971 an assessment roll dated October 14, 1971 covering the proposed paving of Vassar Avenue, Middlebelt to Parkville in Section 1, City of Livonia, Wayne County, Michigan, containing the special assessment to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 830-71; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, January 24, 1972 at 8:00 P. M. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of January 24, 1972, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. 12605 By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #1105-71 WHEREAS, pursuant to the direction of the City Council in its resolution No. 829-71 adopted on September 8, 1971 and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of October 22, 1971 an assessment roll dated October 15, 1971 covering the proposed installation of ornamental street lighting with underground wiring in Judson Gardens Subdivision No. 4, in Section 17, City of Livonia, Wayne County, Michigan, containing the special assessment to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 829-71; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, January 24, 1972 at 8:00 P. M. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulat- ed generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of January 24, 1972; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. Councilman Bennett gave first reading to the following Ordinance• AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition No. 71-8-3-7) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 12.6o6 Ibi By Councilman Ventura, seconded by Councilman Brown, it was #1106-71 RESOLVED, that pursuant to the provisions of Section 38, Act 65 of the Public Acts of Michigan of 1963, as amended, the Council does hereby appoint Bob R. Whitehead, 34240 Munger, Livonia, Michigan, as the Republican Representative to the Board of Canvassers of the City of Livonia, for a term expiring December 31, 1975. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #1107-71 RESOLVED, that having considered the report and recommendation dated November 3, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the Proprietor of the Subdivision the financial assurances previously deposited with respect to the General Improvement Bond of S33,000.00 (Cash Bond in the amount of $3,300.00) deposited with the City in accordance with Council Resolution No. 337-69 adopted on March 26, 1969, as thereafter subsequently amended by Council Resolution No. 1174-70 to guaranty the satisfactory installation of improvements in Glendale Industrial Park Subdivision, and further, the Sidewalk Bond 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: Brown, Ventura, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #1108-71 RESOLVED, that having considered a communication dated November 11, 1971 from the Assistant City Assessor, approved for submission by the Mayor, 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 of Tax Item 24R1 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into 3 parcels the legal descriptions of which shall read as follows : 12.607 Parcel "A" Land in Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as : Beginning at the Northeast corner of the West 1/2 of the Northeast 1/4 of Section 24; thence due West, 100.0' ; Thence S. 0° 36' W., 270.0' ; Thence due East, 100.0' ; Thence N. 0° 36' E., 270.0' ; to the point of beginning. Subject to the rights of others in Five Mile Road. Parcel "B" Land in Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Beginning at a point on the North line of Section 24, said point being Due West, 100.0' from the Northeast corner of the West 1/2 of the Northeast 1/4 of Section 24; Thence continuing Due West, 98.0' , Thence S. 0° 36' N., 270.0' ; Thence Due East, 98.0' ; Thence N. 0° 36' E., 270.0' to the point of beginning. Subject to the rights of others in Five Mile Road. Parcel "C" Land in Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Beginning on the East line of Santa Anita Avenue (60' wide), said point being located Due West 198.0' and S. 0° 36' W., 270.0' from the Northeast corner of the West 1/2 of the Northeast 1/4 of Section 24; Thence continuing S. 0° 36' W., 290.60' ; Thence N. 89° 43' 30" E., 198.02' ; Thence N. 0° 36' E., 286.80' ; Thence Due West 198.0' to the point of beginning. Subject to easements of record. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result- AYES: Brown, Ventura, McCann and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #1109-71 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 January, 1972: Wednesday, January 5, 1972 Wednesday, January 19, 1972. 12.608 Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 5 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. 71-6-1-32 FOR CHANGE OF ZONING FROM C-2 AND RUF TO C-l. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Brown, seconded by Councilman McCann, and unanimously adopt- ed, this 724th regular meeting of the Council of the City of Livonia was duly Ladjourned at 9:00 P. M., December 1, 1971. 41. ADDISON W. BA•• ' Clerk.