Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1971-04-21 12051 MINUTES OF THE SEVEN HUNDRED EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 21, 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 8:14 P. M.. Councilman Milligan 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: Edward H. McNamara, Mayor, Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works, William J. Strasser, City Engineer; James R. McCann, District Judge; James E. Mies, District Judge; Rudolf R. Kleinert, Director of Public Safety-Fire; Robert Turner, Police Chief; Calvin Roberts, Fire Chief; Stanley Bien, Chief Librarian; Dan Gilmartin, Industrial Coordinator; John Nagy, City Planner; Ronald Mardiros, City Assessor; H. L. Bridges, Assistant City Assessor; Carl Demek, Superintendent of Operations Division; James Miller, Personnel Director; Jack Dodge, Budget Director; Thomas Griffiths, Jr., Chief Accountant; Paul Kugler, Water and Sewer Board; Michael Reiser, Water and Sewer Board; Francis Hand, Planning Commission; and Charles Pinto of the Planning Commission; and William LaPine, Zoning Board of Appeals. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #313-71 RESOLVED, that the minutes of the 707th regular meeting of the Council of the City of Livonia, held on April 7, 1971, are hereby approved. The following resolution was unanimously introduced, supported and adopted: #314-71 WHEREAS, on April 4, 1971, the Griffin Sporting Goods team of Livonia was crowned the winner of the United States Pee Wee (11-12 year olds) Hockey Championship; and 12052 WHEREAS, in distinguishing themselves as "National Champions" the .Pee Wees have brought honor and recognition to the City of Livonia; and WHEREAS, the Griffin Team did in the opinion of those in attendance display the finest pee wee hockey ever seen at this tournament; and WHEREAS, the efforts of this "fine bunch of kids" can be looked upon with pride by all citizens of this community; NOW, THEREFORE, BE IT RESOLVED, that as representatives of the City of Livonia and its citizens, the Council believes it fitting and proper to commend and congratulate the Griffin Sporting Goods Hockey Team, with a special "thanks" to its coach, Ted Kilberg, for their splendid efforts in bring this first National Championship to the Livonia area; and the Council does further extend to the entire team its heartfelt support and good wishes for success in the future, with the prediction that as champions they will continue to enjoy success next season in the Bantam Division. By Councilman Ventura, seconded by Councilman Raymond, it was #315-71 RESOLVED, that having considered communications from the Mayor and the Superintendent of Parks and Recreation dated April 13, 1971 with regard to the use of Rosedale Park for certain young people in cooperation with the Whitman Junior High School and the Rosedale Civic Association in 1971 for such activities as flea market, record trade, band concerts, church services, road rallies, as well as other activities as set forth in the aforesaid communication, the Council does hereby concur in the recommendation of the Parks and Recreation Department and authorizes the use of Rosedale Park for these purposes; further, the Council does hereby determine to waive all permits or license fees which may be required under City Ordinances in this regard. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, Bennett, Ventura and Nash. NAYS: *McCann and *Brown. The President declared the resolution adopted. *Councilman McCann and Councilman Brown made the statement that their 'no' votes were cast because the resolution enveloped the total package. By Councilman Milligan, seconded by Councilman Raymond, it was #316-71 RESOLVED, that having considered a communication dated April 14, 1971 from Carl J. Wagenschutz, City Treasurer, the Council does hereby concur in the appointment of Dorothy McIntyre as Deputy City Treasurer. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Milligan, McCann, Brown, Ventura and Nash. NAYS: Bennett. The President declared the resolution adopted. 12053 The Chair directed that with respect to the balance of the matters referred to in the letter from the City Treasurer, they will be considered at the Study Session to be conducted on May 3, 1971. The communication dated March 29, 1971 from the Department of Law, with respect to Wayne County Circuit Court Civil Action No. 150-354 (Samuel Frankel, Stuart Frankel, Topps Realty vs. City of Livonia) was received and filed for the information of the Council. The communication dated April 7, 1971 from the Department of Law, with respect to Michigan Court of Appeals Docket #8717 (Lt. Thorne vs Donald R. Nicholson, Dir. Public Safety and Robert Turner, Police Chief) was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was #317-71 RESOLVED, that having considered the report and recommendation dated March 29, 1971 from the City Engineer and the Assistant 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 Ministrelli Construction Company, 12240 Merriman Road, Livonia, Michigan 48150, for the improvement and paving of Levan Road between Plymouth Road and School- craft Road in the City of Livonia including Supplemental Bid Item "B" as indicated in the aforesaid communication from the Division of Engineering, for the estimated total cost of $309,033.75, 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, further, the Council does hereby authorize an additional advance in the amount of $121,033.75 from the 9.8 Million Dollar Street and Road Improvement Bond Issue which amount shall be reimbursed from the proceeds of the successful issuance of special assessment bonds for this purpose, and with respect to Supplemental Bid Item "B", it is herein provided that this work should only be completed as recommended by the City Engineer and approved by the Director of Public Works, 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 to behalf of the City of Livonia with the aforesaid bidder and to do all things necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 12054 By Councilman Brown, seconded by Councilman McCann, it was #318-71 RESOLVED, that having considered the communication from the Water and Sewer Board dated March 16, 1971, approved by the Budget Director and approved for submission by the Mayor which transmits its resolution #WS 1464 3/71, the Council does hereby accept the bid of Detroit Steel Buildings, Inc., for construction of a 7,200 square foot addition to the Sewer Maintenance Shed for the total price of $44,767.00, the same having been in fact the lowest bid received with respect to this work, further, the Council does hereby authorize the additional expenditure of the sum of $467.00 from the Operating Funds of the Water and Sewer Division for this purpose; 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 fulfill the performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #319-71 RESOLVED, that the Council does hereby request the Mayor to initiate a study and thereafter submit a report and recommendation to the City Council with respect to the possibility of relocating the Department of Public Works Yard and other City facilities and functions from their present location on the west side of Farmington Road to the City-owned land reclamation site located on the east side of Farmington Road. By Councilman Bennett, seconded by Councilman McCann, it was #320-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director, dated March 10, 1971, and approved for submission by the Mayor, the Council does hereby accept the bid of Steelcrete Company for supplying Chlorine to be used at the City's Swimming Pools for the unit price of $.34 per gallon or a total estimated cost in the amount of $3,060.00, the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by CouncilmanBennett, it was 12055 #321-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated March 10, 1971, and approved for submission by the Mayor, the Council accepts the bid of W. F. Miller Company for supplying the Golf Course Section of the Operations Division with one (1) New Jacobsen 76" Turf King, Model 67623 for the price of $1,712.00, the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES* Raymond, McCann, Bennett, Brown, Ventura and Nash. NAYS: Milligan. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Brown, it was #322-71 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated March 5, 1971, approved by the Budget Office and approved for submission by the Mayor, the Council does hereby accept the following bids for supplying the City with Baseball Equipment for the following indicated amounts, the same having been in fact the lowest bids received with respect to these items: LITEM AMOUNT BIDDER BRAND PRICE TOTAL Baseballs 280 doz. Griswold Sporting Goode_ Spalding $ 12.95 $3,626.00 1134 Griswold Street 41-137 Detroit, Mich. 48226 Bats 57 doz. " Louisville 38.40 2,188.80 125 Leg Guards 12 pair " Spalding 6.50 78.00 43-119 GRISWOLD TOTAL: $5,892.80 Baseballs 75 doz. Dee's Sport Shop Harwood CC $17.75 $1,331.25 19807 Van Dyke Detroit,Mich 48234 Bats 100 doz. " Hanna LL10 29.00 2,900.00 Catcher 12 only " Spalding 14.50 174.00 Gloves 42-7251 Softballs 4 doz. " Harwood 20.00 80.00 100 CN DEE'S TOTAL $4,485.25 12056 LITEM AMOUNT BIDDER BRAND PRICE TOTAL Head Pro- 3 doz. Southgate Sport Center Rawlings $ 4.90 $ 176.40 tectors 13670 Eureka,Southgate, PL80 Mich. 2+8192 Catcher 12 only " Rawlings 9.25 111.00 Gloves DB-45 SOUTHGATE TOTAL: $ 287.40 Baseball 25 sets Olympic Sporting Goods Atchinson $ 12.65 $ 316.25 Bases 19129 Livernois DB25 Detroit,Mich. 48192 Catcher 6 only it Wilson 21.20 127.20 Gloves A2412 Masks 12 only " ;?ilson 8.95 107.40 A3010 Masks 12 only " Wilson 6.80 81.60 A3052 LBase 200 only " .20 40.00 Spikes Throw Down Wilson 3.50 350.00 Bases 100 sets ftA9934 OLEIC TOTAL: $1,022.45 GRAND TOTAL BASEBALL BID: $11,687.90 A roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS : None. By Councilman Brown, seconded by Councilman Ventura, it was #323-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated March 10, 1971, and approved for submission by the Mayor, the Council does hereby accept the bid of Steve Nowak Pressed Brick Sales, Inc. for supplying the City with Cull Brick for the unit price of $45.00/M for an estimated total cost of $900.00, the same having been in fact the lowest bid received for this item. LA roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS : None. 12057 By Councilman Ventura, seconded by Councilman Raymond, it was #324-71 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated March 10, 1971, approved by the Budget Director and approved for submission by the Mayor wherein it is recommend- ed that the lighted baseball diamond at Ford Field be enclosed with a four-foot cyclone fence, the Council does hereby refer this matter to the Committee of the Whole for the purpose of reviewing the same with a representative of the Parks and Recreation Commission, such meeting to be held on May 4, 1971 at 9:30 P. M. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, Bennett, Brown, Ventura and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Ventura, it was #325-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated March 11, 1971, and approved for submission by the Mayor, the Council does hereby accept the bid of Robertson Brothers Service Co. for the cleaning of Swimming Pools for the 1971 season for the price of $885.00 per pool or a total cost in the amount of $1,770.00, the same having been in fact the lowest bid received for this item; further, the Council does hereby transfer the additional sum of $600.00 from Account No. 60.01 to Account No. 970 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Ventura and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was #326-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated March 10, 1971 and approved for submission by the Mayor, the Council does hereby accept the bid of Fendt Builders Supply, Inc. for supplying the Department of Public Works with Air-Entrained Cement at a unit price of $1.53 per bag for an estimated total cost in the amount of $2,295.00, the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 12058 By Councilman Bennett, seconded by Councilman McCann, it was #327-71 RESOLVED, that having considered a communication from the Mayor dated March 9, 1971, wherein a request is made for the transfer of funds to provide compensation for duties and responsibilities assumed by Mrs. Dolores Murphy, Secretary IV, from January 4, 1971 through March 5, 1971, during which period the position of Budget Director was vacant, the Council does hereby authorize the transfer of the sum of $494.96 from Account No. 210-705 to Account No. 210-706 for this purpose; and the City Clerk and City Treasurer are hereby authorized to make payment to Mrs. Murphy in the manner indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #328-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated March 11, 1971, and approved for submission by the Mayor, the Council does hereby reject all bids submitted pursuant to Council Resolution No. 129-71 with respect to the removal of the Parks and Recreation Offices and Structures located at Ford Field, further, the Council does hereby authorize and request the Operations Division to demolish and remove the aforesaid structures as well as grant permission for the removal of the existing parking lot in connection therewith and the installation of a curb at the driveway entrance so that this area may be landscaped in a manner consistent with existing landscaping on Farming- ton Road at Ford Field. A roll call vote was taken on the foregoing resolution with the following result- AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #329-71 RESOLVED, that having considered a communication from the Personnel Director dated March 10, 1971, approved by the Budget Director and approved for submission by the Mayor which transmits a resolution adopted by the Civil Service Commission on March 2, 1971, the Council does hereby authorize the transfer of the sum of $325.00 from Account No. 101-60.01 to Account No. 220-970 for the purpose of purchasing a used Electric Typewriter in the Office of the Civil Service Commission to replace an existing typewriter in this office. By Councilman Milligan, seconded by Councilman Raymond, it was 12059 RESOLVED, that having considered a communication from the Personnel Director dated March 10, 1971, approved by the Budget Director and approved for submission by the Mayor which transmits a resolution adopted by the Civil Service Commission on March 2, 1971, which requests the transfer of the sum of $325.00 from Account No. 101-60.01 to Account No. 220-970 for the purpose of purchasing a used electric typewriter in the office of the Civil Service Commission, the Council does hereby table this matter to the next Study Meeting. A roll call vote was taken on the tabling resolution with the following result- AYES : Raymond and Milligan. NAYS : McCann, Bennett, Brown, Ventura and Nash. The President declared the tabling resolution denied. By Councilman Raymond, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication from the Personnel Director dated March 10, 1971, approved by the Budget Director and approved for submission by the Mayor which transmits a resolution adopted by the Civil Service Commission on March 2, 1971, which requests the transfer of the sum of $325.00 from Account No. 101-60.01 to Account No. 220-970 for the purpose of purchasing a used electric typewriter in the office of the Civil Service Commission, the Council does hereby refer this matter to the Finance Committee for its report and recommendation. A roll call vote was taken on the resolution to refer, with the following result: AYES - Raymond and Milligan. NAYS. McCann, Bennett, Brown, Ventura and Nash, The President declared the resolution, to refer, denied. A roll call vote was taken on the original resolution with the following result: AYES: McCann, Bennett, Brown and Ventura. NAYS: Raymond, *Milligan and **Nash. The President declared the resolution adopted. *Councilman Milligan made the following statement- My 'no' vote is cast because no other typewriter is being considered except an IBM Selectric. **Councilman Nash made the following statement- I would have preferred buying a new typewriter. By Councilman Bennett, seconded by Councilman Ventura, it was 12060 #330-71 RESOLVED, that having considered a communication from the City Engineer dated February 10, 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 to upgrade the installation of those existing street lights located in the City of Livonia in the manner indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result• AYES : Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS• None. By Councilman Ventura, seconded by Councilman Milligan, it was #331-71 RESOLVED, that having considered a communication from the Water and Sewer Board dated March 10, 1971, approved by the Budget Director and approved for submission by the Mayor which transmits its resolution #WS 1431 2/71 relative to a settlement between the City of Livonia and the Detroit Water Board on all outstanding claims and water bills, the Council does hereby authorize payment to the Water Board of the City of Detroit in the amount of $13,640.00 from the Water Supply Systems Improvement Fund as full settlement with respect to the items referred to in the aforesaid communication as well as the attached communications thereto, such payment to be made upon receipt of an appropriate release agreement from the City of Detroit with respect to these items, 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #332-71 RESOLVED, that having considered a communication from the Chief of the Fire Division dated March 3, 1971, approved by the Director of Public Safety - Fire and the Office of the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of O'Green Ford, Inc. for supplying the Fire Prevention Bureau with one (1) Ford Custom Four-Door Sedan for the price of $2,789.33 less trade-in of $50.00 for a net total price in the amount of $2,739.33, the same having been in fact the lowest bid received for this item; further, the Council does hereby authorize the transfer of the sum of $339.33 from Account No. 60.01 to Account No. 341-970 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 12061 By Councilman Milligan, seconded by Councilman Bennett, it was #333-71 RESOLVED, that having considered a communication dated March 4, 1971 from the Industrial Coordinator approved by the Budget Director and approved for submission by the Mayor, which transmits its resolution No. 188-1-71 adopted by the Industrial Development Commission with regard to the continuation of the present Detroit News advertising contract, the Council does hereby authorize the Industrial Development Commission to continue the said advertising program in the manner indicated in the aforesaid communication for a total cost in the amount of $3,227.28, and the Mayor and City Clerk are hereby authorized to execute a contract in behalf of the City of Livonia with the Detroit News for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS• None. By Councilman Ventura, seconded by Councilman Milligan, it was #334-71 WHEREAS, it is necessary to locate, establish construct and enclose a branch, said branch to be known as Livonia Drain No. 36, within the drainage district of an existing County Drain, known as the Hawkins Drain, to be located entirely within the limits of the City of Livonia, the location of said branch being as follows : A closed branch starting at a point located approximately 1320 feet south of the centerline of Schoolcraft Road and 1050 feet east of the centerline of Merriman Road and extending northerly 650 feet to a point, thence westerly 550 feet and northerly 350 feet from said point, also easterly 225 feet and northeasterly 290 feet from said point. Also, a closed branch starting at a point located approximately 650 feet south of the centerline of Schoolcraft Road and 2640 feet east of the centerline of Merriman Road and extending westerly 820 feet. AND WHEREAS, in the opinion of the City Council, the location, establishing, constructing and enclosing of said branches is necessary for the public health of the City of Livonia, and the entire cost thereof, except that part representing benefits to State and County highways, should be assessed against the City of Livonia for public health; AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, (the Drain Code of 1956) provides a feasible method of financ- ing the cost of said branches where the same is necessary for the public and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20, AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1965, as amended, provides as follows : 12062 "Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corpora- tion only". NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing, constructing and enclosing of the branches set forth in the preamble hereof, and does hereby consent to the location, establishing, constructing and enclosing of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed branches set forth in the preamble hereby being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign, for and on behalf of the City of Livonia, a petition praying for the location, establishing, constructing and enclosing of the same, as set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. 3. The City Council does further request that the proposed branches set forth in the preamble hereof be financed from existing surplus funds which may be available in the Livonia Drain No. 19 and Livonia Drain No. 19 Extension Construction accounts. A roll call vote was taken on the foregoing resolution with the following result: AYES Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Brown, it was #335-71 RESOLVED, that having considered a communication from the Personnel Director dated March 5, 1971, approved by the Budget Director and approved for submission by the Mayor which transmits a resolution adopted by the Civil Service Commission on March 3, 1971 with respect to the salary rates and benefits for the classifications of Captain and Detective Captain wherein the following rates and benefits are recommended as follows : 12063 December 1, 1970 1. Provide the following salary range for the period from December 1, 1970, through November 30, 1971: Minimum Step Maximum Step 3 14. Step 5 Annual $16,369.60 $17,035.20 $17,700.80 Bi-Weekly 629.60 655.20 680.80 2. Continue the present provisions for Captain and Detective Captain, namely, All overtime to be in compensatory time at straight-time rates with no limitation in accumulation of hours. 3. Extend to the classifications of Captain and Detective Captain the same improvements in benefits as extended to police officers covered under Agreements with employee organizations, such improved benefits covering specifically the following areas . a. Holidays b. Vacations c. Payment of accumulated sick leave d. Hospitalization-Medical coverage for disability retirees and retirees at age 65 (starting 3-10-71) e. Weekly Sickness & Accident coverage (starting 2-1-71) f. Workmen's Compensation g. Longevity Pay h. Clothing Allowance i. Gun Allowance j . Bereavement Leave December 1, 1971 1. Provide the following salary range for the period from December 1, 1971, through November 30, 1972, and in addition thereto a cost-of- living adjustment computed and applied in the same manner as provided in the Agreements with employee organizations: Minimum Step Maximum Step 3 4 Step 5 Annual $17,201.60 $17,880.00 $18,595.20 Bi-Weekly 661.60 688.00 715.20 2. Extend to the classifications of Captain and Detective Captain the same improvements in benefits as extended to police officers covered under Agreements with employee organizations, such improved benefits covering specifically the following areas : 12064 a. Holidays b. Vacations c. Payment of accumulated sick leave d. Group optical program e. Clothing Allowance f. Gun Allowance December 1, 1972 1. Provide the following salary range for the period from December 1, 1972, through November 30, 1973, and in addition thereto a cost-of- living adjustment computed and applied in the same manner as provided in the Agreements with employee organizations . Minimum Step Maximum Step 3 4 Step 5 Annual $18,283.20 $19,011.20 $19,739.20 Bi-Weekly 703.20 731.20 759.20 2. Extend to the classifications of Captain and Detective Captain the same improvements in benefits as extended to police officers covered under Agreements with employee organizations, such improved benefits covering specifically the following areas : a. Holidays b. Payment of accumulated sick leave c. Longevity Pay d. Gun Allowance AND BE IT FURTHER RESOLVED, that the proposed adjustments and changes in benefits would be incorporated as amendments to the Compensation Plan, the Insurance and Disability Plans, and the Rules and Regulations of the Civil Service Commission, the Council does hereby concur in and approve of the aforesaid action; further, for the period commencing on and from December 1, 1970 through May 31, 1971, the Council does hereby authorize the transfer of the sum of $2,191.00 from Account No. 60.01 to the following accounts in the following amounts: a. $1,955.00 to Account No. 304-702, b. $ 236.00 to Account No. 304-722. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS* None. By Councilman Raymond, seconded by Councilman Bennett, it was #336-71 RESOLVED, that having considered a communication from the Department of Law, dated March 5, 1971, approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $481.50 from Account #222-702, Salaries, to Account #222-970, Capital Outlay, for the purpose of replacing one typewriter (serial number 2218253) in the Department of Law with a new I.B.M. Model "D" "Executive" typewriter with 16.0" carriage. 12065 A roll call vote was taken on the foregoing resolution with the following result- AYES Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS' None. By Councilman Ventura, seconded by Councilman Raymond, it was #337-71 RESOLVED, that having considered a communication from the City Engineer and the Assistant City Engineer dated March 23, 1971, approved by the Director of Public Works and approved for submission by the Mayor with regard to certain additional work to be constructed in connection with Livonia Drain No. 5 Branches, the Council does hereby request the Livonia Drain No. 5 Drainage Board to authorize Alana Construction Company, contractor for the Livonia Drain No. 5 Branches project, to construct approximately 134 feet of 10-inch storm drain and two (2) catch basins in the alley located on the south side of Five Mile Road, west of Paderewski Avenue, as an additional item to their present contract on a unit price basis, the total estimated cost of which is $2,364.00; further, the office of the Wayne County Drain Commissioner is hereby requested to expend funds necessary to cover the cost of the proposed additional work from surplus funds presently available in the aforesaid construction account, and the City Clerk is hereby requested to transmit a certified copy of this resolution to the office of the Wayne County Drain Commissioner. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS. None. By Councilman Raymond, seconded by Councilman Ventura, it was #338-71 RESOLVED, that having considered a communication from the Water and Sewer Board dated March 16, 1971, approved by the Budget Director and approved for submission by the Mayor which transmits its resolution #WS 1460 2/71, the Council does hereby authorize an additional appropriation with respect to uniforms for three additional men in the Sewer Division Budget by the transfer of the sum of $300.00 from the Sewer Operating Fund to Account No. SDS 735. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was 12066 Li #339-71 RESOLVED, that having considered a communication from the Department of Law dated March 9, 1971, approved for submission by the Mayor and submitted pursuant to Council resolution No. 1221-70 which communication submits a proposed amendment to the Livonia Code of Ordinances relating to bid requirements, the Council does hereby refer the same to the Committee of the Whole for its consideration, such meeting to be conducted on May 10, 1971 at 8:00 P. M. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #340-71 RESOLVED, that having considered a communication from the Depart- ment of Law dated March 5, 1971, approved for submission by the Mayor, which submits a proposed amendment to the Livonia Code of Ordinances and particularly the Traffic Ordinance as set forth therein relating to operation and control of traffic in parking areas of shopping centers, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was L #341-71 RESOLVED, that having considered a communication from the Department of Law dated March 10, 1971, approved for submission by the Mayor and submitted pursuant to Council resolution No. 126-71 which sub- mits a proposed ordinance to regulate the sale of phosphate compounds and detergents, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6-140 OF CHAPTER 1 (TRAFFIC) OF TITLE 6 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. The proposed Vacating Ordinance, as revised, relative to Petition No. L70-6-3-6, in Section 17, having been given its Second Reading by Councilman Ventura on February 3, was given its roll call vote, with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 12067 The President declared the foregoing Ordinance duly adopted, and would become effective on publication. The communication from the Mayor, dated February 11, 1971, with respect to the speed limit on Farmington Road between Base Line and Plymouth Roads, was received and filed for the information of the Council. At 9:25 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 Milligan, seconded by Councilman Raymond, it was #342-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated March 25, 1971, and approved for submission by the Mayor which submits proposed specifications for a road grader, the Council does hereby refer the same to the Committee of the Whole for its consideration, such meeting to be conducted on May 10, 1971 at 9:30 P. M. LA roll call vote was taken on the foregoing resolution with the following result- AYES: Raymond, Milligan, Brown and Ventura. NAYS. McCann, Bennett and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Brown, it was #343-71 RESOLVED, that having considered a communication from Thomas J. and Rhea Dewberry, 29650 Puritan Avenue, Livonia, Michigan, dated February 24, 1971, 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 Lot 292 of Supervisor's Plat No. 4 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into two parcels the Legal Descriptions of which shall read as follows: Parcel 1 The east 70 feet of Lot 292 Supervisor's Livonia Plat No. 4 of part of the Southeast 1/4 of North- east 1/4 and part of the Northeast 1/4 of South- east 1/4 of Section 14, T. 1 S., R. 9 E. 12068 Parcel 2 The west 70 feet of Lot 292 Supervisor's Livonia Plat No. 4 of part of the Southeast of North- east 1/4 and part of the Northeast 1/14 of South- east 1/4 of Section 14, T. 1 S., R. 9 E. as shown on the map attached to the aforesaid communication which is made a part thereof 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 ' Raymond, McCann, Brown and Ventura. NAYS' Milligan, Bennett and Nash. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Raymond, it was #344-71 RESOLVED, that having considered a communication from the Personnel Director dated March 9, 1971, approved by the Budget Director and approved for submission by the Mayor, which submits a resolution adopted by the Civil Service Commission on March 2, 1971 wherein it is recommended that a classification of Supervisor of Apparatus in the Fire Division of the Department of Public Safety be established, which classification shall have the rate as that for Lieutenant in the Fire Division; namely, the following salary range: Step 4 Maximum Annual $13,416.00 $13,998.40 Bi-Weekly 516.00 538.40 further, that one position now classified as Fire Apparatus Mechanic be reclassified as Supervisor of Fire Apparatus when Fire Station #6 is opened as well as the other matters in the aforesaid communication, the Council does hereby concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #345-71 RESOLVED, that having considered a communication from the City Engineer dated February 4, 1971, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached Bill No. 101 4651 0166 submitted by the Chesapeake and Ohio Railway Company in 12069 accordance with MPSC Order #RR 931, wherein the City of Livonia is required to pay 50% of the costs involved for the relocation and modification of existing crossing protection to accommodate the widening of Newburgh Road as the same is traversed by the Chesapeake and Ohio Railroad, the Council does hereby authorize the expenditure and payment of the sum of $4,173.38 (50% of the total cost of the project which is in the amount of $8,346.76) from the 9.8 Million Dollar Street and Road Bond Issue 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was #346-71 RESOLVED, that having considered a communication from the City Engineer dated March 8, 1971, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached an Invoice No. 2 1694 dated January 4, 1971, from the Michigan Testing Engineers, Inc. in the amount of $474.00, the Council does hereby authorize the payment of the same and for this purpose increases the budgeted amount in Account No. 451-565 by $474.00, 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS• None. By Councilman Milligan, seconded by Councilman Ventura, it was #347-71 RESOLVED, that the Council does hereby request the Director of Public Works to submit a status report relative to such bond monies and financial assurances that are still on deposit with the City of Livonia in connection with the Arbor Estates Subdivision. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, it was #348-71 RESOLVED, that having considered a communication from the Depart- ment of Law dated March 10, 1971, approved by the City Engineer and approved for submission by the Mayor with regard to a contract to be entered into between the City of Livonia and the firm of John E. Hiltz & Associates, Inc., 15601 W. McNichols Road, Detroit, Michigan, 48235, for 12070 the purpose of providing engineering services for the improvement of Newburgh Road between Five and Six Mile Roads, with four lanes of pavement, the Council does hereby determine to authorize the Mayor and City Clerk to execute in behalf of the City of Livonia a contract with the firm of John E. Hiltz & Associates, Inc. , Consulting Engineers, for this purpose as well as do all other things necessary or incidental to the full performance of this resolution; further, the Council does hereby authorize the expenditure of a sum not to exceed S5,000.00 from the $9,800,000.00 Street and Road General Obligation Bond Issue for the purpose of making payment for services rendered in connection with the said agreement, 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* Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: My 'no' vote is cast because I am unalterably opposed to the widening of Newburgh Road at this time. By Councilman Bennett, seconded by Councilman Brown, it was #349-71 RESOLVED, that having considered a communication from the City Engineer dated April 1, 1971, approved by the Director of Public Works and approved for submission by the Mayor and having considered the necessity for the installation of traffic signal control devices to be located on Newburgh Road in the vicinity of the Holmes Junior High School, the Council does hereby authorize the installation of such Traffic Signal Control Devices on Newburgh Road between Five and Six Mile Roads at a location to be determined by the Traffic Bureau of the Police Division and the Livonia Public Schools Administration; further, the Council does hereby authorize the transfer of the sum of $3,520.00 from the Unexpended Balance Account to Account No. 939-925 and the Board of Wayne County Road Commissioners is hereby requested to cause such traffic signal to be installed at the aforesaid location in an expeditious manner; and the City Clerk and City Treasurer are herein authorized to do all things necessary or incidental 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 Engineer of Traffic and Safety. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 12071 LCouncilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 5, CHAPTER 1 (STREETS AND SIDEWALKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTION 5-103 THEREOF. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 5, CHAPTER 3 (TREES, SHRUBS AND PLANTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTIONS 5-302 AND 5-304 THEREOF. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Loffice 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 Milligan, and unanimously adopted, it was #350-71 RESOLVED, that having considered a communication from the City Planning Commission dated March 10, 1971, with regard to Council resolu- tion No. 138-70 wherein a request was made for the initiation of proceed- ings to rezone a portion of Parcel 17F2, located east of Newburgh Road, south of Six Mile Road, in Section 17 from R-3-B to C-1, the Council does hereby request that the City Planning Commission discontinue proceedings with regard to this matter and take no further action and withdraw the subject Petition on its own motion. By Councilman Milligan, seconded by Councilman Brown, it was #351-71 RESOLVED, that having considered the report and recommendation dated February 3, 1971 from the City Engineer, approved by the Director L of Public Works and transmits a communication from the Mayor dated March 4, 1971 in connection with certain escrow deposits made by the Shelden Homes, Inc. to the City of Livonia in the amount of $8,000.00 cash for Rosedale Gardens Subdivision No. 9 and Rosedale Gardens Subdivision No. 19, the 12072 Council does hereby authorize the release of the sum of S7,357.06 to the aforesaid Sheldon Homes, Inc. in accordance with the aforesaid recommenda- tion of the City Engineer that all improvements have been satisfactorily installed in accordance with the Rules and Regulations of the Ordinances of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized 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 : Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #352-71 RESOLVED, that having considered a communication from the City Planning Commission dated February 23, 1971 which submits its resolution No. 2-29-71 with regard to the Master Thoroughfare Plan of the Inter-County Highway Commission of Southeastern Michigan, the Council does hereby determine to refer this matter to the Streets, Roads and Plats Committee. By Councilman Bennett, seconded by Councilman Ventura, it was #353-71 RESOLVED, that having considered a communication from the Dale Investment Co., Inc., dated March 19, 1971, in connection with the East- West Industrial Road and Special Assessment Districts No. 58 and No. 59 as the same apply to Item No. 28e807b, the Council does hereby refer this' matter to the City Clerk, City Engineer, City Assessor and the Department of Law for their respective reports and recommendations. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #354-71 RESOLVED, that having considered a communication from the Mayor dated March 26, 1971 to which is attached a proposed resolution which would purport to establish policy on the installation of water supply systems on boulevard islands, which policy represents the conclusions reached at a meeting conducted by the Committee of the Whole of the City Council on August 3, 1970, the Council does hereby refer the same to the Committee of the Whole for further consideration at a meeting to be con- ducted on May 17, 1971 at 8:00 P. M. 12073 By Councilman Raymond, seconded by Councilman Brown, it was #355-71 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety - Police dated March 25, 1971, approved by the Mayor and the Budget Director, requesting an increase in the service fee previously established in Council Resolution No. 453-58, as amended by Council Resolution No. 903-65 for the purpose of covering the cost of furnishing photostated copies of accident reports to the public, the Council does hereby amend and modify the foregoing actions so as to establish that the Service Fee to be charged shall be in the amount of Two Dollars ($2.00). A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication dated March 25, 1971 from Mr. Noah Tessner, and a verbal report from the Director of Public Works, requesting permission to cut, saw and stack dead elm on city property between Five and Six Mile Roads, east and west of Farmington Road, and to cut and remove all dead and diseased Black Walnut trees in the same area which have been marked by the Livonia Forestry Division, with respect to which a fee shall be made to the City of $1.00 per log foot for all Black Walnut cut and such moneys are to be made prior to the removal of any timber, such work to be completed by June 1, 1971, the Council does hereby approve the same. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett and Nash. NAYS: Milligan, McCann, Brown and Ventura. The President declared the resolution denied. By Councilman McCann, seconded by Councilman Raymond, and unanimously adopted, it was #356-71 RESOLVED, that having considered a communication from the American Public Works Association Research Foundation dated March 22, 1971 wherein it is requested that the City participate in the "Equipment Management Improvement Program," the Council does hereby refer the same to the Director of Public Works for his report and recommendation. *Councilman Ventura was excused at 10 55 p. m. By Councilman Milligan, seconded by Councilman Bennett, it was 12074 #357-71 RESOLVED, that having considered a communication from the City Engineer dated March 4, 1971, approved by the Director of Public Works and approved for submission by the Mayor with regard to certain cash payments deposited by the proprietor of the Richter & Lipton Industrial Subdivision, the Council does hereby authorize the release to the Proprietor of said subdivision the following cash payments presently on deposit: 1. Cash escrow in the amount of S630.00 with regard to survey monuments and lot markers, 2. Cash payment in the amount of $438.50 with regard to the Gates Drain, provided, however, that with regard to $4,170.00 (for the installation of Traffic Control Signs, Street Name Signs and Engineering Fees) the same shall be retained by the City, and further, the sum of $561.60 shall be authorized for payment to the Livonia Drainage Board No. 26 for certain Ditch Maintenance work; 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: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. *Councilman Ventura returned at 10:56 p. m. By Councilman Brown, seconded by Councilman Bennett, it was #358-71 RESOLVED, that having considered the report and recommendation dated January 26, 1971 from the City Planning Commission which sets forth its resolution No. 1-6-71 in regard to Petition No. 70-12-1-45 submitted by the City Planning Commission on its own motion for a change of zoning on property located north of Six Mile Road and east of Newburgh Road in the Southwest 1/4 of Section 8, from C-2 to C-1, and the Council having conducted a public hearing with regard to this matter on March 15, 1971, pursuant to Council resolution No. 131-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 70-12-1-45 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 12075 By Councilman Ventura, seconded by Councilman Raymond, it was #359-71 RESOLVED, that having considered the report and recommendation dated December 1, 1970 from the City Planning Commission which sets forth its resolution No. 10-108-70 in regard to Petition No. 7O-9-1-34 submitted by the City Planning Commission for a change of zoning on property located east of Newburgh Road and north of Six Mile Road in the Southwest 1/4 of Section 8, from C-2 to P.S. and C-1, and the Council having conducted a public hearing with regard to this matter on February 22, 1971 pursuant to resolution No. 23-71, the Council does hereby concur in part and reject in part with the recommendation of the Planning Commission and with respect to Parcel 08J2alb approves the rezoning of the same from C-2 to C-1 but with respect to Parcel 08J1a2 rejects the recommendation of the Planning Planning Commission and denies the rezoning of the same from C-2 to P.S., but does rezone Parcel 08J1a2 from C-2 to C-1; 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: Raymond, Milligan, Brown, Ventura and Nash. NAYS: McCann and Bennett. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Ventura, it was #360-71 RESOLVED, that having considered a communication from the City Planning Commission dated March 2, 1971, which transmits its resolution No. 2-43-71, adopted by the Commission on February 23, 1971 with regard to Petition No. 70-12-8-9 requesting site plan approval for Trinity Park Housing for the Elderly proposed to be located on the east side of Middlebelt Road south of Jamison in Section 24, (which petition has been submitted in connection with Petition No. 70-5-1-16 adopted on June 9, 1970 by the City Planning Commission), the Council does hereby, pursuant to provisions set forth in Section 29.02 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 70-12-8-9 is hereby approved, such approval to be conditioned upon the same conditions as those set forth in the aforesaid action of the City Planning Commission as well as the additional condition that prior to occupancy of the proposed housing units a landscaping plan must be first reviewed by the Planning Department and approved by the City Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Brown, Ventura and Nash. NAYS: *Bennett. The President declared the resolution adopted. 12076 *Councilman Bennett made the following statement: My 'no' is cast because I am concerned and disagree with the traffic pattern, not only with the main road, but the perimeter roads. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 15 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. 70-10-1-42 FOR CHANGE OF ZONING FROM C-2 TO P.S. 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. Councilman Bennett invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following Lresult: AYES: Raymond, McCann, Bennett, Brown, Ventura and Nash. NAYS : Milligan. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 13 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE : PETITION NO. 70-9-1-35 FOR CHANGE OF ZONING FROM RUF TO P. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Loffice 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. 12077 Councilman Milligan gave first 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. 70-10-1-39 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. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #361-71 RESOLVED, that having considered the report and recommendation dated December 28, 1970 from the City Planning Commission which sets forth its resolution No. 11-128-70 in regard to Petition No. 70-9-1-33 submitted by Robert D. Albertson for a change of zoning on property located between Angling, Deering and Pembroke Roads in the Southeast 1/4 of Section 1, from RUF to R-2 and with regard to which Mr. Albertson has now revised his request for rezoning from R-2 to R-3 and the Council hav- ing conducted a public hearing with regard to this matter on March 8, 1971 pursuant to Council resolution No. 71-71, the Council does hereby concur in the recommendation of the Planning Commission (as revised to R-3) and said Petition No. 70-9-1-33, as revised, is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. By Councilman Raymond, seconded by Councilman Milligan, it was #362-71 RESOLVED, that having considered the report and recommendation dated January 4, 1971 from the City Planning Commission which sets forth its resolution No. 12-136-70 in regard to Petition No. 70-11-1-43 submit- ted by Richard E. Gabel and Edward C. Levy for a change of zoning on property located north of Schoolcraft and west of Farmington Road in the Southwest 1/4 of Section 21, from R-2 to R-7, and the Council having conducted a public hearing with regard to this matter on March 8, 1971 pursuant to Council resolution No. 71-71, the Council does hereby determine to table this matter to the Regular Meeting of the Council to be conducted on May 19, 1971. 12078 Councilman McCann declared the resolution out of order. The Chair rules the resolution was in order. Councilman McCann then challenged the ruling of the Chair, and thereupon Councilman Nash passed the gavel to Councilman Milligan. A roll call vote was then taken with the following result wherein an 'aye' vote upheld the ruling of the Chair and a 'nay' vote would support the challenge: AYES: Raymond, Nash, Brown, Ventura and Milligan. NAYS: McCann and Bennett. A roll call vote was taken on the original resolution with the following result: AYES: Raymond, Milligan, Bennett, Brown and Ventura. NAYS: McCann and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was #363-71 RESOLVED, that having considered the report and recommendation dated January 4, 1971 from the City Planning Commission which sets forth its resolution No. 12-135-70 in regard to Petition No. 70-10-1-40 submitted by John F. Dooley, Attorney for William Titus and John Giacobozzi for a change of zoning on property located on the southeast corner of Five Mile Road and Santa Anita in the Northeast 1/4 of Section 24, from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on March 8, 1971 pursuant to Council resolution No. 71-71, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 70-10-1-40 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to 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: Raymond, Milligan, McCann, Brown, Ventura and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bennett, it was 12079 #364-71 RESOLVED, that having considered the report and recommendation dated January 4, 1971 from the City Planning Commission which sets forth its resolution No. 12-140-70 in regard to Petition No. 70-10-6-9 submitted by Council Resolution No. 1007-70, pursuant to Section 23.01(a) of the Zoning Ordinance, to amend Section 4.03, 5.03 and 6.03 of Ordinance No. 543 to provide for golf driving ranges as waiver uses in the R-1, RUF and AG Districts, and the Council having conducted a public hearing with regard to this matter on March 8, 1971 pursuant to Council resolution No. 72-71, the Council does hereby concur in the recommendation of the Plan- ning Commission and the said Petition No. 70-10-6-9 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Brown, Ventura and Nash. NAYS: Milligan and Bennett. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #365-71 RESOLVED, that having considered a communication dated January 26, 1971 from the City Planning Commission which transmits its resolution No. 1-3-71 adopted by the Commission on January 19, 1971 with regard to Petition No. 70-11-2-23 submitted by Rodney C. Kropf, Attorney for Larry J. Huggins and Dale Huggins requesting permission to construct and operate a new, modern car wash and to dispense gasoline on property zoned C-2 located on the east side of Middlebelt Road between Broadmoor and Sunnydale in the Southwest 1/4 of Section 13, and the Council having con- ducted a public hearing with regard to this matter on April 5, 1971 pursuant to Council Resolution No. 145-71, the Council does hereby determine to table this matter to the first Regular Meeting to be conduct- ed in June 1971. By Counci1mnn Ventura, seconded by Councilman Brown, it was #366-71 RESOLVED, that having considered a communication dated April 9, 1971 from the Department of Law, submitted pursuant to council resolution #210-71, transmitting for Council acceptance a Warranty Deed dated April 6, 1971, executed by Carl J. Wagenschutz and Lorie Wagenschutz, his wife, conveying. Lot306, as platted and 20 foot vacated alley in rear of and adjacent thereto, Grennada Park Subdivision No. 1 of part of Northwest 1/4 of Section 22, Town 1 South, Range 9 East, Livonia Township, Wayne County, Michigan as recorded in Liber 54, Page 77 of Plats, Wayne County Records. 12080 the Council does herein 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #367-71 RESOLVED, that having considered a communication dated March 24, 1971 from the Department of Law transmitting for acceptance two Grants of Easements, one dated March 12, 1971 and executed by Alfred R. Murillo, a single man (vendor), and the other dated March 15, 1971 executed by Reuben Jaffe and Helen Jafee, his wife (vendees), each conveying: The East 43 feet of the following described parcel: The South 130.0 feet of the north 1724.0 feet of the east 1310.0 feet of the Northwest 1/4 of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the west 280 feet thereof. (Bureau of Taxation Parcel 29Jlbl) (purpose: Levan Road Paving) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grants of Easements and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #368-71 RESOLVED, that having considered a communication dated April 6, 1971 from the Department of Law, submitted pursuant to council resolution #1094-70, transmitting for council acceptance two Quit Claim Deeds convey- ing certain rights-of-way in connection with the Newburgh Road Improvement Project, which conveyances are more particularly described as: 1. Quit Claim Deedchted April 3, 1971 executed by Robert C. Young and Ruth J. Young, his wife conveying' 12081 The east 60 feet of the north 100 feet of the south 1655 feet of the east 228 feet of the S. E. 1/4 of Section 6, T. 1 S. , R. 9 E. , subject to the rights of the public in the existing Newburgh Road right-of-way. (portion of Bureau of Taxation Parcel 06J38a2) 2. Quit Claim Deed dated April 3, 1971 executed by Robert C. Young and Ruth J. Young, his wife, conveying: The east 60 feet of the north 100 feet of the south 1555 feet of the east 228 feet of the S. E. 1/4 of Section 6, T. 1 S., R. 9 E., subject to the rights of the public in the existing Newburgh Road right-of-way. (portion of Bureau of Taxation Parcel C6J38a3) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deeds and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register, of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #369-71 RESOLVED, that having considered a communication from Mrs. Barbara J. Boegler, dated March 24, 1971, representing the Holmes Junior High PTSA, the Council does hereby grant permission to the Holmes Junior High PTSA to operate one (1) sound car in the City of Livonia on May 8, 1971 from 11:00 A.M. to 4:00 P. M. for the purpose of advertising and promoting the Annual Spring Fair of the Holmes Junior High School. A roll call vote was taken on the foregoing resolution with the following result- AYES : Raymond, Milligan, Brown and Ventura. NAYS : McCann, Bennett and Nash. The President declared the resolution adopted. *Councilman McCann was excused at 11:30 p. m. By Councilman Ventura, seconded by Councilman Raymond, it was #370-71 RESOLVED, that in accordance with the provisions of State Law (Sections 600.101, et seq. of the Compiled Laws of 1948, as amended), the Council does hereby determine that, effective July 1, 1971, the annual salary supplement payable by the City of Livonia to the Judges of the 16th District Court shall be increased to the sum of $11,000.00 each and commencing with the fiscal year beginning on December 1, 1971, and con- tinuing thereafter, the amount of annual supplement to be paid by the City of Livonia to each Judge shall be $12,500.00; and 12082 IT IS FURTHER RESOLVED, that effective on July 1, 1971, the salary of the Court Administrator of the 16th District Court be increased to the sum of $11,425.00 per annum and that the salary of each of the two Court Stenographers (Court Recorders) be increased to the sum of $7,300.00 per annum; and IT IS FURTHER RESOLVED, that in order to provide funds to accomplish the foregoing there be transferred from Account No. 904 to Account No. 702 the sum of $1500.00 and that there be transferred from Account No. 970 the sum of $2200.00 to Account No. 702 of the Court Budget. A roll call vote was taken on the foregoing resolution with the following result. AYES : Raymond, Milligan, Bennett, Brown, Ventura and Nash. NAYS: None. *Councilman McCann returned at 11:32 p. m. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #371-71 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Milligan, seconded by Councilman Ventura, it was #372-71 RESOLVED, that with respect to the invoice submitted by SEMCOG in the amount of $2,520.00 in payment of the City's annual contribution as a member in such organization for the current fiscal year 1971, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown and Ventura. NAYS: Raymond and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was #373-71 RESOLVED, that having considered a communication dated April 21, 1971 from the City Planning Commission which transmits its resolution No. 4-110-71 adopted by the Commission on April 20, 1971, submitted by Jewel Real Estate Company requesting to be granted a waiver use permit to operate a real estate office in existing building located on the west side of Farmington Road between Roycroft and Rayburn in the Southeast 1/4 of Section 16, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 71-3-2-11 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. 12083 A roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, this 708th regular meeting of the Council of the City of Livonia was duly adjourned at 11:45 P. M., April 21, 1971. ADDISON W. BACkk . erk.