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HomeMy WebLinkAboutCOUNCIL MINUTES 1971-11-17 12559 LMINUTES OF THE SEVEN HUNDRED TWENTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 17, 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 8:05 P. M.. Councilman Bennett delivered the invocation. Roll was called with the following result. Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Virginia G. Handzlik, Deputy City Clerk; Edward H. McNamara, Mayor; Harry C. Tatigian, City Attorney; Robert B. Brzezinski, Assistant City Attorney, H. Patrick O'Neill, Director of Civil Defense; Rudolf R. Kleinert, Director of Public Safety-Fire; Robert E. Osborn, Director of Public Works; Ronald Mardiros, City Assessor, H. L. Bridges, Assistant City Assessor; Stanley Bien, Chief Librarian; James L. Miller, Personnel Director; Robert Turner, Police Chief; Calvin Roberts, Fire Chief, G. E. Siemert, City Engineer; John Nagy, City Planner; Frank Kerby, Chief Building Inspector; Carl Demek, Superintendent of Operations Division; John T. Dufour, Superintendent of Parks and Recreation; Thomas J. Griffiths, Jr., Chief Accountant; Charles Pinto, Joseph Falk and David Merrion of the Planning Commission. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #1029-71 RESOLVED, that the minutes of the 139th special meeting of the Council of the City of Livonia, held on November 8, 1971, are hereby approved. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #1030-71 RESOLVED, that the minutes of the 722nd regular meeting of the Council of the City of Livonia, held on November 3, 1971, are hereby approved. 12560 By Councilman Ventura, seconded by Councilman Raymond, it was #1031-71 RESOLVED, that having considered a communication from the Mayor dated November 16, 1971, with regard to the Man in Washington service authorized previously in Council Resolution No. 312-71, the Council does hereby determine to terminate this service and does hereby request that the City Clerk forward a notice of such termination in accordance with the agreement previously executed between the City of Livonia and the National League of Cities--Conference of Mayors, Inc. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #1032-71 RESOLVED, that having considered a communication from the Mayor, dated November 11, 1971, with regard to the intervention by the City of Livonia in Case No. U-3910 on the petition of the Detroit Edison Company for a proposed increase in electrical energy rates, the Council does hereby request that the Department of Law proceed in opposing the same as well as cooperate with the other communities in the Detroit Metropolitan Area in opposition thereto, and for this purpose the Department of Law is authorized to join with such communities in order to properly represent out interest in this action, further, the Council does hereby authorize the expenditure of a sum not to exceed $3,000.00 from the Unexpended Fund Balance Account for the purpose of providing the City of Livonia's pro-rata proportionate share of the cost involved in permitting the Mayor to employ, in his judgment, such accountants and/or special counsel, expert witnesses and others, to assist and co-counsel with the City Attorney for such limited time and purpose as the Mayor shall specify based upon a ratio of the City's 1971 Detroit Edison street lighting charges in relation to total Detroit Edison charges for all cities cooperating in this action for the one-year period ending June 30, 1971; the Mayor shall determine the need for employment of such special counsel, accountants, expert witnesses, etc., and the period of employment to further the interests of Livonia in said Edison Rate Case; 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was 12561 #1033-71 RESOLVED, that having considered a communication from the Mayor dated November 15, 1971 with regard to the establishing of a classification of Administrative Assistant, the Council does hereby refer the same to the Civil Service Commission for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The communication from the Board of County Road Commissioners, dated November 3, 1971, with respect to the closure of Middlebelt Road during the period of the C & 0 Grade Separation Project (CR-630-71), was received and filed for the information of the Council. The communication dated November 8, 1971 from the Livonia Housing Commis- sion relative to the progress made on the Senior Citizens Turn Key building, was received and filed for the information of the Council. The following resolution was unanimously introduced, supported and adopted: #1034-71 RESOLVED, that the Council takes this means to indicate that it supports the efforts of the Livonia Jaycees and Mother Waddles in the collection of canned foods for needy families for the Thanksgiving Day Holiday and in this regard designates the week of November 14 through 20, 1971, as "This Thanksgiving Help Feed a City Week", and further, the Council does hereby authorize the parking of a 40 foot van near the City Hall during the foregoing period for the purpose of allowing all partici- pating citizens to bring canned foods to a central location on those days, and the Council does hereby commend the Livonia Observer for participating in this worthwhile endeavor and assisting the Livonia Jaycees by permitting the parking of a second 40 foot van in their parking lot at Levan and Schoolcraft Roads for the same purpose. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 13.06 OF ARTICLE XIII OF ORD.:NANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition No. 71-6-6-3) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 12562 LThe President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 18.38 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." RE: PETITION NO. 71-6-6-4 (Off-Street Parking Require- ments for Office Buildings) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: LAN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 71-6-1-37 FOR CHANGE OF ZONING FROM RUF TO C-1. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS* None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 71-4-1-27 FOR CHANGE OF ZONING FROM C-2 AND RUF TO P.S. 1.2563 LA roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 22 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. 71-4-1-23 FOR CHANGE OF ZONING FROM RUF TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result. AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. LNAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 71-4-1-19 FOR CHANGE OF ZONING FROM R-3-A TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Milligan, McCann and Nash. NAYS: Bennett, Brown and Raymond. LThe President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Milligan gave second reading to the following Ordinance: 12564 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. 71-5-1-28 FOR CHANGE OF ZONING FROM R-1 to P. A roll call vote was taken on the foregoing Ordinance with the following result AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 27 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. 71-5-1-30 FOR CHANGE OF ZONING FROM M-1 TO M-2. A roll call vote was taken on the foregoing Ordinance with the iollowfng result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 11 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. 71-4-1-24 FOR CHANGE OF ZONING FROM R-5 TO C-l. A roll call vote was taken on the foregoing Ordinance with the following result- AYES: Brown, Ventura, Raymond, Milligan and Nash. NAYS: Bennett and McCann. 12565 The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman McCann, seconded by Councilman Bennett, it was #1035-71 RESOLVED, that having considered a communication from the Chief of the Livonia Fire Division dated October 20, 1971, approved by the Director of Public Safety - Fire and the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Allie Bros. Tailoring Co., 29465 Six Mile Road, Livonia,Michigan 48152, for supplying the Fire Department Dress Uniforms ^nd Car Duty- Jackets as follows: Item Unit Price Total Uniform Blouse $ 50.00 $ 1100.00 Uniform Trousers 20.00 440.00 Uniform Caps 6.00 132.00 Uniform Belts 5.00 110.00 Reefers 55.00 1210.00 Car Duty Jackets 28.00 616.00 $ 164.00 $ 3608.00, the same having been in fact the lowest bid received with respect to the foregoing. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was #1036-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated October 12, 1971 and approved for submission by the Mayor, the Council does hereby accept the bids of International Salt Company, P. 0. Box 35-013, Seven Oaks Station, Detroit, Michigan 48235, and Morton Salt Company, 10335 Flora Street, Detroit, Michigan 48217, for supplying the Operations Division of the City with Hyway Rock Salt No. 1, MSHD, 1965 specifications, at $11.20 per ton delivered to the Department of Public Works Yard for the period from December 1, 1971 thru November 30, 1972, the same having been in fact the low and equal bids received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 12566 By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #1037-71 RESOLVED, that the Department of Law is hereby requested to contact the Anti-Trust Division of the Justice Department of the United States Government and advise them that the City of Livonia has again received identical bids from suppliers of rock sal': and request that they give this matter appropriate consideration. By Councilman Bennett, seconded by Councilman McCann, it was #1038-71 RESOLVED, that having considered a communication from the Chief Inspector and the Budget Director. dated November 1, 1971, approved for submission by the Mayor, with regard to the transfer of funds necessary to operate the Bureau of Inspection for the balance of the fiscal year, the Council does hereby authorize the transfer of the sum of $1,825.00 from Building and Zoning Salaries Account No. 380-702 to the following accounts in the following amounts: Heating & Refrigeration Auto Allowance No. 400-861 $ 200.00 Plumbing Auto Allowance No. 410-861 200.00 Administration Office Supplies No. 371-728 350.00 Administration Printing No. 371-904 525.00 L Administration Capital Outlay No. 371-970 550.00 $1,825.00; the purpose of the foregoing Capital Outlay being for the purchase of the following: Desk file cabinets, 3 @ $75.00 each, estimated $225.00 Work tables, 2 Q $150.00 each, estimated 300.00 Shades, 4 including installation, estimated 25.00 $550.00. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura,seconded by Councilman McCann, it was #1039-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated October 29, 1971, approved for submission by the Mayor, with regard to the need for additional funds required to pay for parts needed to repair departmental equipment, the Council does hereby authorize the transfer of the sum of $12,000.00 from the Administration Labor Account No. 486-702 to the Equipment Maintenance Supplies Account No. 512-776. 12567 By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated October 29, 1971, approved for submission by the Mayor, with regard to the need for additional funds required to pay for parts needed to repair departmental equipment, the Council does hereby refer this matter to the Committee of the Whole. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond and Milligan. NAYS: Bennett, Brown, McCann and Nash. The President declared the motion to refer, denied. A roll call vote was taken on the original resolution with the following result: AYES: Bennett, Brown, Raymond, McCann and Nash. NAYS : Ventura and Milligan. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman McCann, it was #1040-71 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety - Police dated November 1, 1971, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $197.50 from Communications Training Account No. 310-960 to Communications Capital Outlay Account No. 310-970 in order to facilitate the completion of the Communications Control Center. A roll call vote was taken on the foregoing resolution with the following result• AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: Milligan. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Raymond, it was #1041-71 RESOLVED, that having considered a communication from the Planning Director dated October 26, 1971, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $200.00 from the Salaries and Wages Account No. 702 to Account No. 861.1, Employees Auto Allowance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS : Milligan. The President declared the resolution adopted. 12568 By Councilman McCann, seconded by Councilman Raymond, it was #1042-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated October 15, 1971 and approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $2,900.00 from the Administrative Salaries Account No. 486-702 to the Building Maintenance Supplies Account No. 513-776 in order to provide funds suf- ficient to purchase materials required by the Building Maintenance Section. A roll call vote was taken on the foregoing resolution with the following result• AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: Milligan. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Raymond, it was #1043-71 RESOLVED, that having considered a communication from the Chief of the Fire Division dated October 21, 1971, approved by the Director of Public Safety - Fire and the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $1700.00 from the Unexpended Fund Balance Account to Account No. 338-970, the Fire Fighting Capital Outlay Account, for the purpose of pro- viding sufficient funds in order to purchase air conditioning units for Fire Stations No. 2, 3 and 4. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: Milligan. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Ventura, it was #1044-71 RESOLVED, that having considered a communication from the Chief of the Division of Police and the Director of Public Safety - Police dated November 1, 1971, approved for submission by the Mayor, with regard to the discretionary grant award approved by the Office of Criminal Justice, State of Michigan for Federal Funds, in order to provide a Systems Analyst Program for Livonia and several adjoining communities, the Council does hereby authorize the transfer of the sum of $1,764.36 from the Unexpended Fund Balance Account to Account No. 304-969 Contributions (Sy.stem Analyst Program) in order to provide sufficient funds to cover that portion of the cost to be contributed by the City of Livonia as its contribution under this program, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill thepurpose of this resolution. 12569 A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #1045-71 RESOLVED, that having considered a communication from the Mayor dated October 22, 1971 to which is attached a report from the Livonia Rotary Park Development Committee with regard to an outstanding debt in the amount of $2,000.00 incurred in the clearing and grading of a portion of Parksite J, the Council does hereby determine to refer this matter to the Department of Law for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The communication dated October 19, 1971 from the Mayor, relative to the Compensation for Fire and Police Commissioners, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Milligan, it was #1046-71 RESOLVED, that having considered a communication from the Personnel Director dated October 14, 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 5, 1971 wherein the Commission did recommend a proposal submitted by Blue Cross-Blue Shield to implement a drug prescription program effective December 1, 1971 for City employees in the manner set forth in the aforesaid communication, the Council does hereby determine to concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The following resolution was unanimously introduced, supported and adopted: #1047-71 RESOLVED, that having considered a communication from the President of the Country Homes Estates Civic Association dated November 3, 1971, concurred in by the Principal of the Hoover Elementary School, with regard to certain problems existing in connection with the under-developed portion of the parksite located directly east of and adjacent to the Hoover Elementary School, the Council does hereby request that the Parks and Forestry Division expeditiously do all things necessary to clean up the aforesaid parksite and, further, that the Police Division provide closer surveillance and patrol in the subject area. 12570 By Councilman Ventura, seconded by Councilman Bennett, it was #1048-71 RESOLVED, that having considered a letter from the Mayor dated October 26, 1971, relative to the appointment of David F. Merrion, 11401 Cranston, Livonia, Michigan, to the City Planning Commission for a term expiring on June 9, 1974, the Council does hereby approve of and concur in the appointment of Mr. David F. Merrion, provided that he takes the Oath of Office required in Section 3, Chapter X of the City Charter, administered by the City Clerk. A roll call vote was taken on the foregoing resolution with the following result• AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS : None. By Councilman Raymond, seconded by Councilman McCann, it was #1049-71 RESOLVED, that having considered a communication from the General Manager of the Merri-Bowl Lanes, 30950 Five Mile Road, Livonia, Michigan 48154, dated October 26, 1971, submitted in behalf of other bowling alley establishments as well, wherein it is proposed that the City consider amending its ordinances so as to permit the serving of alcoholic beverages in concourse areas of such bowling alleys, 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: Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: Bennett. The President declared the resolution adopted. The communication from Mr. Walter J. Abraham of Ab-Ro Realty Company, dated October 22, 1971, requesting a rehearing on Lot Split on Lot #110 of Dohany Subdivision, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #1050-71 RESOLVED, that the Council does hereby determine to reconsider the action taken in Council resolution No. 958-71 adopted on October 20, 1971. By Councilman Ventura, seconded by Councilman McCann, it was 12571 RESOLVED, that having considered a communication dated October 1, 1971 from the Assistant City Assessor 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 and com- bination 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 combining of same into two parcels the legal descriptions of which shall read as follows: (a) South 1/2 of Lot 110 and all of 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, 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 Ventura, and unanimously adopted, it was #1051-71 RESOLVED, that having considered a communication dated October 1, 1971 from the Assistant City Assessor 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, with respect to the proposed division and combination of Lots 109, 110 and 111, Dohany Subdivision, the Council does hereby refer this matter to the Study Session to be conducted on November 22, 1971. By Councilman Raymond, seconded by Councilman McCann, it was #1052-71 RESOLVED, that having considered a communication from the Chairman of the Building Committee of the Livonia Moose 1317 dated November 2, 1971, wherein it is proposed that the former Court House building located on Seven Mile Road and Shadyside Avenue might provide a possible site for use or purchase by the Livonia Moose, the Council takes this means to indicate its intention and willingness to sell such facility to the aforesaid organization in the event that all ordinance requirements as well as regulations set forth in State Statutes have been complied with as well as agreement reached based upon appraisals or otherwise between the City and the Livonia Moose, provided, however, that this action shall not be taken or construed in any manner whatsoever as having a binding legal effect upon any of the parties concerned, it being rather merely an expression of current purpose and intention. 12572 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan and McCann. NAYS: Bennett, Ventura and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann, it was #1053-71 RESOLVED, that having considered a communication from the Department of Law dated November 8, 1971, submitted pursuant to Council resolution No. 1003-71, and having considered a communication from the Personnel Director dated September 15, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits a resol- ution adopted by the Civil Service Commission wherein it is recommended that the sum of $7,063.43 be paid to Mr. William J. Strasser, former City Engineer, with respect to vacation and sick leave credits which are as follows : Vacation time in the Classified Service $3,345.42 Sick Leave in the Classified Service 1,750.27 City cost for Retirement Contribution for vacation payment (6.52%) 217.47 Sick Leave in the Unclassified Service 1,750.27 Total $7,063.43, the Council does hereby concur and approve in part the aforesaid communica- tion and for this purpose does hereby authorize the expenditure of the sum of $5,313.16 from the Unexpended Fund Balance Account for the purpose of making payment to Mr. William J. Strasser with respect to vacation time in the Classified Service, sick leave in the Classified Service and the City cost for retirement contribution for vacation payment; with respect to the sum of $1,750.27 which represents sick leave in the Unclassified Service, the Council does hereby determine to reject the aforesaid recom- mendation and deny the same; and the Council does hereby request the City Clerk and City Treasurer to do all things necessary including the payment of the aforesaid sum of $5,313.16 in order to fulfill the purpose of this resolution. By Councilman Raymond, seconded by Councilman Bennett, it was RESOLVED, that the foregoing resolution be amended so as to authorize the payment of $7,063.43 be paid to the former City Engineer in lieu of $5,313.16. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that the matter of Vacation and Sick Leave Credits for William J. Strasser, former City Engineer, be referred back to the Civil Service Commission for clarification. 12573 L. A roll call vote was taken on the motion to refer, with the following result: AYES: Ventura. NAYS: Bennett, Brown, Raymond, Milligan, McCann and Nash. The President declared the motion to refer, DENIED. A roll call vote was taken on the amendment with the following result: AYES: *Raymond. NAYS: Bennett, Brown, Ventura, Milligan, McCann and Nash. The President declared the amendment DENIED. *Councilman Raymond made the following statement: My 'aye' vote is cast because I do not think that it is in the authority of this Councilto deny a recom- mendation of the Civil Service Commission which is an autonomous body. A roll call vote was taken on the original resolution with the following result: L AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #1054-71 RESOLVED, that the Council hereby requests that the Civil Service Commission establish rules and procedures to insure that records are kept of the Vacation Time and Sick Leave Time used by Department Heads, Assistant Department Heads, and Professional Personnel, for purposes of determining and accounting for Vacation Time and Sick Leave time credits that may accrue to such employees in the course of their employment. By Councilman Ventura, seconded by Councilman McCann, it was #1055-71 RESOLVED, that having considered a communication from the City Planning Commission dated November 8, 1971, which transmits its resolution No. 11-294-71, adopted by the Commission on November 2, 1971 with regard to Petition No. 71-10-8-15 submitted by Charles Granader requesting use and site plan approval for a exercise salon, within an existing building located on the south side of Plymouth Road, east of Middlebelt Road in the Northwest 1/4 of Section 36, the Council does hereby, pursuant to provisions set forth in Section 18.55 of Ordinance No. 543, as amended, concur in the Lrecommendation of the Planning Commission and Petition No. 71-10-8-15 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. 12574 A roll call vote was taken on the foregoing resolution with the following result• AYES : Bennett, Ventura, Raymond, Milligan, McCann and Nash. NAYS: Brown. The President declared the resolution adopted. At 10:00 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 Ventura, seconded by Councilman Raymond, it was #1056-71 RESOLVED, that having considered a communication dated September 7, 1971 from the City Planning Commission which sets forth its resolution No. 8-234-71 with regard to Petition No. 71-6-1-43 submitted by Kenneth J. Morris for 3M Leasing Company for a change of zoning on a portion of parcel 22BB from RUF to P.S., on property located on the north side of Schoolcraft, between Berwick and Hubbard in the Southeast 1/4 of Section 22, and the Council having conducted a public hearing with regard to this matter on November 8, 1971, pursuant to Council resolution No. 870-71, the Council does hereby concur with the recommendation of the Planning Commis- sion and the said Petition No. 71-6-1-43 is hereby approved and granted, as revised by the petitioner in deleting that portion of the subject property north of the northerly line of Parcel AA2a if extended in an easterly direction; 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: Bennett, Brown, Ventura, Raymond, Milligan and McCann. NAYS • None. NOTE: The President of the Council was not present at the roll call vote on the abcv'e resolution. By Councilman Ventura, seconded by Councilman Raymond, it was #1057-71 RESOLVED, that having considered a communication dated L September 7, 1971 from the City Planning Commission which sets forth its resolution No. 8-235-71 with regard to Petition No. 71-7-1-48 submitted by Rodney C. Kropf, Attorney for Pro-Systems Inc. for a change of zoning of Lot 01f416a1 from RUF to C-2 and P and a portion of Lot 01f415a2b from C-2 to P located north of Seven Mile Road and west of Parkville Avenue 12575 in the Southwest 1/4 of Section 1, and the Council having conducted a public hearing with regard to this matter on November 8, 1971, pursuant to Council resolution No. 870-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-7-1-48 is hereby approved and granted, as revised so as to delete the northerly 15 feet of the subject property; 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #1058-71 RESOLVED, that having considered a communication dated September 7, 1971 from the City Planning Commission which sets forth its resolution No. 8-236-71 with regard to Petition No. 71-6-1-44 submitted by the City Planning Commission on its own motion to determine whether or not to rezone a portion of Parcel 15DDla from C-1 to RUF located on the southeast corner of Six Mile Road and Farmington Road in the Northwest 1/4 of Section 15, and the Council having conducted a public hearing with regard to this matter on November 8, 1971, pursuant to Council resolution No. 870-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-6-1-44 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• Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS• None. By Councilman McCann, seconded by Councilman Bennett, it was #1059-71 RESOLVED, that having considered a communication dated August 16, 1971 from the City Planning Commission which sets forth its resolution No ., 8-222-71 with regard to Petition No. 71-6-1-45 submitted by Donald L. Meyers, Attorney for Frances M. Dower for a change of zoning on property located on the south side of Six Mile Road and west of Middlebelt Road in the Northeast 1/4 of Section 14, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on November 8, 1971, pursuant to Council resolution No. 870-71, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 71-6-1-45 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. 12,76 A roll call vote was taken on the foregoing resolution with the following result: AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS : None. By Councilman Brown, seconded by Councilman McCann, it was #1060-71 RESOLVED, that having considered a communication dated July 28, 1971 from the City Planning Commission which sets forth its resolution No. 7-206-71 with regard to Petition No. 71-6-1-42 submitted by the City Planning Commission on its own motion for a change of zoning on property located south of Seven Mile Road between Harrison and Lathers Avenues in the Northeast 1/4 of Section 12 from RUF to P., and the Council having conducted a public hearing with regard to this matter on November 8, 1971, pursuant to Council resolution No. 870-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-6-1-42 is hereby approved and granted; it being the understanding of the Council that by reason of the action taken herein the owner of the subject property will be required, in accordance with provisions set forth in the Zoning Ordinance, to construct a protective wall, 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #1061-71 RESOLVED, that having considered a communication dated July 28, 1971 from the City Planning Commission which sets forth its resolution No. 7-203-71 with regard to Petition No. 71-6-1-41 submitted by the City Planning Commission on its own motion for a change of zoning on the west side of Newburgh Road, south of Six Mile Road, in the East 1/2 of Section 18, from R-3 to P.L., and the Council having conducted a public hearing with regard to this matter on November 8, 1971, pursuant to Council resolu- tion No. 870-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-6-1-41 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to pre- pare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 12577 By Councilman McCann, seconded by Councilman Bennett, it was #1062-71 RESOLVED, that having considered a communication dated July 28, 1971 from the City Planning Commission which sets forth its resolution No. 7-205-71 with regard to Petition No. 71-6-1-38 submitted by Hearthstone Homeowner's Association for a chgnge of zoning south of Eight Mile Road at the entrance to the Hearthstone Subdivision in the North 1/2 of Section 1, from C-1 to P.S., and the Council having conducted a public hearing with regard to this matter on November 8, 1971, pursuant to Council resolu- tion No. 870-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-6-1-38 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication dated September 7, 1971 from the City Planning Commission which sets forth its resolution No. 8-233-71 with regard to Petition No. 71-7-2-28 as submitted by Robert J. Eliassen requesting permission to construct a Flame Restaurant as a waiver use on property located on the east side of Farming- ton Road between Eight Mile Road and Norfolk in the Northwest 1/4 of Section 3, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on November 8, 1971 pursuant to Council resolution No. 868-71, the Council does hereby reject the recommendation of the City Planning Commission and the said Petition No. 71-7-2-28 is hereby approved and granted, the Council having determined as a matter of fact that the petitioner• has complied with the requirements of the C-2 zoning classification and the standards set forth in Section 19.06 of the Zoning Ordinance. A roll call vote was taken on the foregoing resolution with the following result• AYES: Milligan and Nash. NAYS: Bennett, Brown, Ventura, Raymond and McCann. The President declared the resolution DENIED. By Councilman Brown, seconded by Councilman McCann, it was 12 578 ##1063-7.1 RESOLVED, that having considered a communication dated September 7, 1971 from the City Planning Commission which transmits its resolution No. 8-233-71 adopted by the Commission on August 24, 1971 with regard to Petition No. 71-7-2-28 submitted by Robert J. Eliassen requesting permis- sion to construct a Flame Restaurant as a waiver use on property zoned C-2, located on the east side of Farmington Road between Eight Mile Road and Norfolk in the Northwest 1/4 of Section 3, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 71-7-2-28 is hereby denied, such action being taken for the same reasons as those set forth in the aforesaid action of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: Milligan. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Ventura, it was ##1064-71 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 17, 1970 and in accordance with the provi- L sions of Section 2-506 of Title 2 Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to sidewalks on Six Mile Road, Merriman to Newburgh Roads in Section 8, 9, 10, 15, 16 and 17, City of Livonia, Wayne County, Michigan, and public hearings having been held thereon on November 9, 1970 pursuant to Council resolution No. 935-70 and November 8, 1971 pursuant to Council resolution No. 875-71, after due notice as required by Title 2 Chapter 5 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the special assessment proceedings heretofore commenced for the proposed improvement. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Ventura, Raymond, Milligan, McCann and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was 41065-71 RESOLVED, that the communication from the City Clerk, dated November 9, 1971, relative to the Auditor's comments and recommendations on Audit ending November 30, 1970, is hereby referred to the Study Session to be conducted on November 22, 1971. 12579 By Councilman Ventura, seconded by Councilman Raymond, it was #1066-71 RESOLVED, that having considered the report and recommendation dated October 26, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 8 of Council Resolution No. 521-69 adopted on May 14, 1969, so as to further reduce the financial assurances now on deposit with the City for Sidewalk Improvements in Tiffany Park Subdivision No. 4 to $8,400.00 of which at least $2,000.00 shall be in cash, to cover the cost of remaining sidewalk improvements in said Subdivision, further, the financial assurances for General Improvements now on deposit with the City shall remain the same and unchanged; 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #1067-71 RESOLVED, that having considered a report and recommendation dated October 18, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated September 20, 1971, the Council does hereby authorize Final Payment in the amount of $7,049.40 to Mon-Ton Concrete, Inc., 16686 Forrer, Detroit, Michigan 48235, which sum includes the full and complete balance due on a contract dated April 17, 1970, in the amount of $78,712.00 and also the sum of $12,353.32 for additional work performed by the aforesaid company in connection with the Farmington Road Sidewalk Program, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed; and further, that the Council does hereby also authorize an additional advance in the amount of $6,861.04 from the 9.8 Million Dollar Road Improvement Bond Issue, said Bond Issue to be reimbursed at such time as the assessments are collected, 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. At the request of the Petitioner, the item on the agenda relative to Petition 71-4-1-25 of Iraj Rafani and Mohammed Rabbani, was removed and will be considered at the second meeting to be conducted in January of 1972. 12580 By Councilman Ventura, seconded by Councilman Raymond, it was #1068-71 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated September 15, 1971 and a report and recommendation dated October 27, 1971 from the Chief of Police in connec - tion therewith, the Council does hereby approve of the request from Raymond B. and Helen L. Shelton to transfer ownership of 1971-72 SDD-SDM Licensed Business from Vance L. Shields and Edward S. Showers located at 15254 Middlebelt Avenue, Livonia, Michigan, said establishment known as "Mid-5 Party Store," and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. Councilman Bennett gave first 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 i AND RUF TO C-1. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. The communication dated November 9, 1971 from the Department of Law, relative to Docket No. 11270 (Nat Korash, Max Madorsky and Jerome L. Schostak vs City of Livonia) was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Brown, it was #1069-71 RESOLVED, that having considered a communication from the City Engineer dated October 22, 1971, approved for submission by the Mayor, with regard to the installation of a traffic control signal device to be located on Plymouth Road at Milburn Avenue, the Council does hereby agree to and approve of the City of Livonia participating in the actual cost of installation and in the future maintenance of the aforesaid Traffic Control Signal Device to the extent of 50%, the total estimated cost of 12581 such installation being in the amount of S4,121.22, the City's estimated cost of participation being in the amount of $2,060.61; and, further, the Council does hereby authorize the transfer of a sum not to exceed $2,060.61 from the revenues of the Motor Vehicle Highway Receipts to the Traffic Signal Installation Account No. 939 of the Budget for the purpose of installation of said traffic control signal device; and the Mayor and City Clerk are hereby authorized to execute in behalf of the City of Livonia the proposed cost agreement for the traffic control in this regard, and further, the City Clerk is hereby requested to forward two (2) certified copies of this resolution, together with the signed cost agreement, to the Michigan State Highway Department, 18101 W. Nine Mile Road, P. O. Box 1226, Southfield, Michigan 48075, to the attention of Mr. Paul J. Riley, District Traffic Engineer. A roll call vote was taken on the foregoing resolution with the following result' AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #1070-71 RESOLVED, that having considered a communication from the Department of Law, dated November 5, 1971, approved for submission by the Mayor, relative to the proposed acquisition of property commonly referred to as the "Wheelock" property which property is located at 15205 Shadyside, Livonia, Michigan, the Council does hereby authorize the Department of Law to employ an expert appraiser for the purpose of determining the fair market value of the aforesaid property, and for this purpose does authorize an expenditure of a sum not to exceed S150 from the Unexpended Fund Balance Account, and the City Clerk and the 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 : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #1071-71 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 Brown, seconded by Councilman McCann, it was #1072-71 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee dated November 9, 1971, in connection with priority paving projects, the Council does hereby determine as follows . 12582 1. To request the Board of Wayne County Road Commissioners to join with the City of Livonia in the construction of passing lanes on Joy Road and Six Mile Road in front of the Franklin and Stevenson High Schools, respectively, and on the basis of participation by the County in the amount of 60% and by the City on the basis of 40%; and 2. To request the Livonia Board of Education to join with the City of Livonia in the construction of passing lanes on Joy Road in front of Franklin High School, Six Mile Road in front of Stevenson High School and Newburgh Road in front of Churchill High School on a 50%-50% basis of the City's portion of the costs involved, the foregoing is based upon an urgent need for these projects and the determination that the City will provide its portion of the cost involved, and the Mayor is hereby requested to do all things necessary to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #1073-71 RESOLVED, that having considered the Water and Sewer Committee report and recommendation dated November 11, 1971 and submitted pursuant to Council resolution No. 826-71 in connection with a communication from the Water and Sewer Board dated August 2, 1971, wherein it is recommended that an amendment to the Livonia Code of Ordinances be adopted with regard to connection rates for buildings on permits issued prior to December 1, 1958 (Section 5-505), the Council does hereby refer this matter to the Department of Law for the preparation of an appropriate Ordinance in proper form (which includes modification of Section 5-506). By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #1074-71 RESOLVED, that having considered the Water and Sewer Committee report and recommendation dated November 11, 1971, submitted pursuant to Council resolution No. 827-71 with regard to a communication from the Water and Sewer Board dated August 2, 1971, the Council does hereby request that the Department of Law and the Water and Sewer Board prepare an Ordinance amendment in proper form in accordance with the aforesaid recom- mendation as well as the following changes : 1. Language to include condominiums as residential units, and 12583 2. Consideration of Modification of the "10 foot rule as tap-in requirement;" further, the Council does hereby request a report and recommendation from the City Clerk concerning the revenue effects of the proposed rate changes . By Councilman Bennett, seconded by Councilman Ventura, it was #1075-71 RESOLVED, that having considered the Water and Sewer Committee report and recommendation dated November 11, 1971, submitted pursuant to Council resolution No. 857-71, in connection with the communication from the Water and Sewer Division dated August 3, 1971, with regard to water consumption at the Whispering Willows Municipal Golf Course, the Council does hereby determine to rescind Council Resolution No. 367-67; further, the Council does hereby determine, pursuant to Section 5-416 of the Livonia Code of Ordinances, to establish a flat rate charge for the water used at the Municipal Golf Course at the rate charged to the City by the City of Detroit based on actual metered usage plus a 10% Administrative Charge to be billed quarterly. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #1076-71 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 W.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 item: Petition No. 70-10-1-37 submitted by John F. Dooley, Attorney for. Chicago Mortgage Company for a change of zoning of property located on the northeast corner of Schoolcraft and Levan in the Southeast 1/4 of Section 20 from C-1 to P.S., the City Planning Commission having in its resolution No. 11-127-70 recommended to the City Council that Petition No. 70-10-1-37 be denied; further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing cause to have a statement indicating the location of the proposed change of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not 12584 less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or rail- road 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 Raymond, seconded by Councilman McCann, it was #1077-71 RESOLVED, that having considered a communication from the Personnel Director dated November 2, 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 5, 1971 wherein it is recommended that Co-op Optical Services be approved to provide the group optical program on a two-year basis from December 1, 1971 through November. 30, 1973 at a cost per employee of $15.00 per year, such proposal being the lowest submitted and pursuant to which the City would provide a group optical program in accordance with agreements previously made with employee organizations as well as for administrative employees and pro- fessional, supervisory and other employees in the City's service; further, that this group optical program would provide each employee, spouse and dependent children under 19 years of age once every two years, an eye examination by an optometrist and a pair of prescription eye-glasses, if needed; further, that the aforesaid cost would include case-hardened lenses for all persons eligible under the program, and that permanent part- time employees would be enrolled in this program on the basis that the permanent part-time employees would pay one-half of the cost of the pro- gram with the City paying the balance, whereas the City pays the entire cost for permanent full-time employees, further, that it is the understand- ing of the City that the proposed cost of $15.00 per employee will continue during the entire period of coverage from December 1, 1971 through Novem- ber 30, 1973 and in the event costs to Co-op Optical Services exceed this sum, Co-op Optical Services will absorb the difference for the said two- year period, whereas, should less money be used than is placed in the escrow account this would be credited to the City and would apply to the cost of this program for the period commencing after November 30, 1973; now, therefore, the Council does hereby determine to concur in and approve of the aforesaid action in the manner and form set forth in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #1078-71 RESOLVED, that having met with the City Clerk and Budget Director with regard to matters concerning the City's Insurance Program, the Finance and Insurance Committee recommends that the Council request the City Clerk 12585 and Budget Director to publish and take sealed bids for adequate insurance coverages, i. e. Public Employees Faithful Performance Bond, Comprehensive General Liability, Castastrophe Liability to Primary General Liability, and Comprehensive Automobile (Fleet) Liability, and further, that specifi- cations for said insurance provide that terms of expirations be stated so as to achieve common expiration dates for all of the city's principle insurance policies insofar as practicable, and the Council hereby author- izes the City Clerk and Budget Director to do all things necessary for the full performance of this resolution. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, this 723rd regular meeting of the Council of the City of Livonia was duly adjourned at 11:00 P. M., November 17, 1971. -s-�l ADDISON W. BACON, lerk.