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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-03-15 12816 L MINUTES OF THE SEVEN HUNDRED THIRTY-FIRST REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 15, 1972, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:12 P. M.. Councilman Raymond delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Robert E. McCann and Robert D. Bennett. Absent-- Edward G. Milligan. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney, Dan Gilmartin, Industrial Coordinator; Robert E. Osborn, Director of Public Works, Ronald Mardiros, City Assessor; John T. Dufour, Superintendent of Parks and Recreation; G. E. Siewert, City Engineer; Jack Dodge, LBudget Director; John Bunk, Fire Department; Michael Reiser, Water and Sewer Board; and Francis Hand of the City Planning Commission. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #235-72 RESOLVED, that the minutes of the 730th regular meeting of the Council of the City of Livonia, held on March 1, 1972, are hereby approved. The communication from the Department of Law, dated March 6, 1972, with respect to Wayne County Circuit Court Civil Action No. 194-878R (James F. Barber, d/b/a Speedy Electrical Service, Inc. vs TMI), was received and filed for the infor- mation of the Council. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #236-72 RESOLVED, that having considered a communication from the Depart- ment of Law dated February 23, 1972 with regard to Wayne County Circuit L Court Civil Action No. 155747, the Council does hereby determine to rescind Council Resolution No. 1100-69, adopted on October 6, 1969. 12817 The following resolution was unanimously introduced, supported and adopted: #237-72 WHEREAS, W. Warren Shelden did help to develop the City of Livonia in its earliest stages; and WHEREAS, Mr. Shelden has been notable in providing not only the City of Livonia but also the Livonia School District with property neces- sary for city and school purposes; and. WHEREAS, this fine civic leader and gentleman did provide in part by a gift to the City of Livonia the land on which the Alfred Noble Library presently is situated; and WHEREAS, Mr. Shelden's latest good deed was the sale by him of the twenty acre parksite located in Section 34 to the City of Livonia at a "good price", NOW, THEREFORE, BE IT RESOLVED, that the Council feels that it is fitting and proper that the said parksite bear the name of "W. Warren Shelden Park" in appreciation for the gracious efforts of this man in behalf of the citizens of this community; and RESOLVED FURTHER, that the Department of Law is hereby requested to prepare an amendment to Chapter 9, Title 5, of the Livonia Code of Ordinances in order to implement the purpose of this resolution. Councilman Brown 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. 71-9-1-56 FOR CHANGE OF ZONING FROM R-7 TO P. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura 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 TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING THERETO CHAPTER 22 ENTITLED "AN ORDINANCE TO ESTABLISH A LOCAL OFFICERS COMPENSATION COMMISSION." 12818 A roll call vote was taken on the foregoing Ordinance with the following result: AYES : Raymond, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Bennett, seconded by Councilman McCann, it was #238-72 RESOLVED, that having considered a communication from Robert E. Greenstein, Attorney, dated January 25, 1972, submitted in behalf of his client Dr. 0. L. Brooker, the Council does hereby determine to amend and revise Council Resolution No. 1076-70 which confirmed Special Assessment District No. 90, adopted on November 12, 1970, for the improvement of an alley located on the south side of Plymouth Road between Merriman and Hubbard Roads in Section 34 so as to defer the levy of interest and the requirement that the first installment shall not be due and payable until December 1, 1972 in lieu of the date previously established of December 1, 1971. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was #239-72 RESOLVED, that having considered a communication from the Mayor dated February 8, 1972, which also bears the signature of the Budget Director, the Council does hereby appropriate and transfer the sum of $1,660.00 from the Unexpended Fund Balance Account to Account No. 220-970 for the purpose of providing funds sufficient to purchase certain items of furniture, a calculator and carpeting in order to properly equip the office of the Civil Service Commission and Personnel Department; and the City Clerk and City Treasurer are hereby requested to do all things neces- sary 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, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was L #240-72 RESOLVED, that having considered a communication from the Person- nel Director dated February 4, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted 12819 by the Civil Service Commission on February 1, 1972 wherein the Commission did recommend approval of a rate increase for the Concession Supervisory classification in the Department of Parks and Recreation as follows: Season Present Rate Proposed Rate 1st $2.75/hour $3.10/hour 2nd $2.85/hour $3.20/hour 3rd $3.00/hour $3.30/hour the same to be retroactive to July 1, 1971, 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, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was RESOLVED, that having considered a request from Miss Denise Bryan, 11685 Longacre, Detroit, Michigan 48227, dated February 21, 1972, the Council does hereby grant permission to block off Hubbell Street, between .Plymouth Road and Dalhay Avenue, on June 24, 1972, for the purpose of accommodating a wedding at 11000 Hubbell; subject to the approval of the Director of Public Safety - Police. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, it was #241-72 RESOLVED, that having considered a request from Miss Denise Bryan, 11685 Longacre, Detroit, Michigan, dated February 21, 1972, request- ing permission to block off Hubbell Street, between Plymouth Road and Dalhay Avenue, on June 24, 1972, for the purpose of accommodating a wedding at 11000 Hubbell, the Council hereby determines to table this matter pending further information and requests the City Clerk's office to contact the petitioner and requests a petition signed by residents of the particular block under consideration. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA BY REPEALING CHAPTER 3 (MUNICIPAL COURT AND CONSTABLES) OF TITLE 2 THEREOF. 12820 L. 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 Brown, seconded by Councilman Ventura, it was 4242-72 RESOLVED, that having considered a communication dated January 25, 1972 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. Charles G. Tangora, Attorney for petitioners, 32900 Five Mile Road, Livonia, Michigan 48154, and in accord- ance with the provisions of Act 288 of the Public Act of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division or partition of Tax Item 28d1a,2a would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing of same into four (4) parcels, the legal descriptions of which shall read as follows: PARCEL "A" The South 100 ft. of Lots 1 and 2 of "Newman Schoolcraft Farms Subdivision" of part of the N. E. 1/4 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan as recorded in Liber 69, Page 90 Plats, W.C.R. PARCEL "B" The North 100 ft. of the South 200 ft. of Lots 1 and 2 of "Newman Schoolcraft Farms Subdivision" of part of the N.E. 1/4 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Liber 69, Page 90 Plats, W.C.R. PARCEL "C" The North 100 ft. of the South 300 ft. of Lots 1 and 2 of "Newman Schoolcraft Farms Subdivision" of part of the N. E. 1/4 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan as recorded in Liber 69, Page 90 Plats, W.C.R. PARCEL "D" Lots 1 and 2 except the South 300 ft. also except that portion deeded to Michigan State Highway Commission described as: Beginning at the N.E. corner of Lot 1; thence along the East line of said Lotl, S. 0° 42' 41" E., 186.0 ft., thence N. 46° 23' 54" W. 14.31 ft.; thence S. 89° 17' 19" W., 150.0 ft. to the West line of said Lot 2; thence Northerly along West line of said Lot 2, 176.0 ft. to the N.W. corner of said Lot 2, thence N. 89° 17'19" E. 12821 160.0 ft. to the point of beginning, "Newman Schoolcraft Farms Subdivision" of part of the N. E. 1/4 of Section 28, T. 1 S., R. 9 E., City of Livonia, as recorded in Liber 69, Page 90 Plats, W.C.R. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was 4243-72 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated February 7, 1972, approved by the Mayor and the Budget Director, the Council does hereby determine that commencing with the effective date of this resolution that private sources (veterinarians, etc.) and adjoining cities may be permitted to dispose of animal carcasses at the pathological incinerator located at the Dog Pound upon the payment of a fee in the amount of $5.00 per animal; provided, however, that those individuals who seek to dispose of their own animals and who are the owners of a private residence or rent a residence or apartment in the City of Livonia shall be exempt from the payment of such fee in accordance with the present practice. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, and unanimously adopted, it was 4244-72 RESOLVED, that having considered a communication from Mr. William Charron, President of the Newburgh Lake Condominium Association, 38218 Ann Arbor Trail, Livonia, Michigan, 48150, wherein a revest is made to ascertain the feasibility of obtaining a fence to be located on the bound- ary line of the subject property where the same adjoins a portion of the Edward Hines Parkway, the Council does hereby take this means to forward this request to the Wayne County Road Commission for its consideration since the City of Livonia does have an interest in this problem and is interested in what the policy is of the County of Wayne in matter of this nature, if such there may be. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was 12822 #245-72 RESOLVED, that having considered a communication from Mrs. Anita Silvernail, 18190 Floral, Livonia, Michigan 48152, dated February 8, 1972, to which is affixed the signatures of other residents who also reside on Floral Avenue between Six and Seven Mile Roads in the City of Livonia, the Council does hereby request that the Chief of Police, in accordance with Section 6-105(2) of the Livonia Code of Ordinances (Traffic Ordinance) on his own authority for a 90-day Temporary Period, have installed on the east side of Floral Avenue between Curtis and Seven Mile Road "No Parking" signs; further, the Council does hereby request that the Traffic Commission and the Director of Public Safety-Police submit their respective reports and recommendations concerning this matter. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was 4246-72 RESOLVED, that having considered a communication from Mr. Norman G. Lebowitz, 19456 Deering, Livonia, Michigan, dated February 19, 1972, and certain other residents who reside on Deering Avenue, with regard to the width of said Deering Avenue in the Botsford Subdivision, the Council does hereby refer the same to the Engineering Division and the Planning Department for their respective reports and recommendations with regard to the same. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #247-72 RESOLVED, that having considered a petition received by the City Clerk on February 15, 1972, bearing the signatures of certain residents in the Fitzgerald Garden Subdivision, wherein a request is made for the installation of sanitary sewers in the aforesaid subdivision, the Council does hereby refer the same to the Engineering Division for its report and recommendation. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was 4248-72 RESOLVED, that having considered a communication from Mrs. Ronald Conti and others, dated February 10, 1972, wherein a request is made for the adoption of an ordinance to require the licensing and adoption of certain regulations with regard to cats, the Council does hereby refer the same to the Department of Law for its report and recommendation and/or submission of an appropriate ordinance governing this subject. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was 12823 L #249-72 RESOLVED, that having considered a petition from residents of the Devon-Aire Woods Subdivision received by the City Clerk on March 6, 1972 which purports to object to the installation of a traffic light at the intersection of Milburn and Plymouth Roads, the Council does hereby refer the same to the Traffic Commission for its report and recommendation, suoh report to be submitted prior to April 12, 1972. By Councilman McCann, seconded by Councilman Brown, it was #250-72 RESOLVED, that having considered a communication dated February 29, 1972 from the Michigan Liquor Control Commission with regard to an application from Encore Restaurants, Inc., Samuel F. Zawideh, President, 5905 Middlebelt Road, Garden City, Michigan, for a new full year Class "C" License to be located at Seven Mile and Middlebelt Roads, Livonia, Michigan, the Council does hereby determine to refer the same to its Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown and Nash. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement: My tno' vote is cast because I feel that the petitioner should have the opportunity to appear and to present his plans for such license. By Councilman McCann, seconded by Councilman Raymond, it was #251-72 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated January 21, 1972, and the report and recommendation of the Chief of Police dated March 3, 1972 in connection therewith, the Council does hereby approve of the request from Bai-Lynn Party Foods, Incorporated, for transfer of ownership of 1971-1972 SDD-SDM Licensed Business from Katherine L. Howle located at 13950 Merriman Road, Livonia, Michigan 48154; 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: McCann, Raymond, Bennett, Brown, Ventura and Nash. NAYS: None. LBy Councilman Ventura, seconded by Councilman McCann, it was 12824 4252-72 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated December 16, 1971, and the report and recommendation of the Chief of Police dated February 21, 1972, in connec- tion therewith, the Council does hereby approve of the request from B & B Drugs, Incorporated, for transfer of ownership of 1971-1972 SDD-SDM Licensed Business from Joseph Bargagna located at 28287 Plymouth Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #253-72 RESOLVED, that having considered the report and recommendation dated January 20, 1972 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. 806-71 adopted on August 25, 1971, so as to further reduce the Financial Assurances now on deposit with the City for general improvements in Parkridge Subdivision to $2,000.00 Cash to cover the cost of remaining improvements in said Subdivi- sion, and the Financial Assurances now on deposit with the City, if any, shall be reduced accordingly; further, the Financial Assurance now on deposit with the City for Sidewalk Improvements shall remain at $13,400.00 of which $4,000.0o shall be in cash; 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, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was 4254-72 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, April 24, 1972 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: Petition No. 71-11-1-70 submitted by the City Planning Commission on its own motion to rezone certain properties located within Sections 25 through 30 to make the zoning compatible with the existing and/or proposed land use within the industrial belt, for a change of zoning of 12825 item No. 2 Property located in the Northeast 1/4 of Section 25 from C-2, M-1 and M-2 to P.S., the City Planning Commission having in its resolution No. 1-19-72 recommended to the City Council that Petition No. 71-11-1-70 (Item No. 2) be approved; Item No. 3 Property located in the East 1/2 of the Southeast 1/4 of Section 25 from R-1 to PL, the City Planning Commission having in its resolution No. 1-20-72 recommended to the City Council that Petition No. 71-11-1-70 (Item No. 3) be approved, Item No. 4 Property located in the East 1/2 of the Southeast 1/4 of Section 25 from M-1 to P.S., the City Planning Commission having in its resolution No. 1-21-72 recommended to the City Council that Petition No. 71-11-1-70 (Item No. 4) be approved; Item No. 5 Property located in the Southwest 1/4 of Section 25 from C-2 to M-1, the City Planning Commission having in its resolution No. 1-22-72 recommended to the City Council that Petition No. 71-11-1-70 (Item No. 5) be approved, Item No. 6 Property located in the Northwest 1/4 of Section 26 from C-1 to M-1, the City Planning Commission having in its resolution No. 1-23-72 recommended to the City Council that Petition No. 71-11-1-70 (Item No. 6) be approved, Item No. 7 Property located in the Northeast 1/4 of Section 26 from C-2 to M-1, the City Planning Commission having in its resolution No. 1-24-72 recommended to the City Council that Petition No. 71-11-1-70 (Item No. 7) be approved, Item No. 8 Property located in the Southwest 1/4 of Section 26 from C-2 to M-1, the City Planning Commission having in its resolution No. 1-25-72 recommended to the City Council that Petition No. 71-11-1-70 (Item No. 8) be approved; 12826 Item No. 9 Property located in the Northwest 1/4 of Section 27 from C-2 to M-1, the City Planning Commission having in its resolution No. 1-26-72 recommended to the City Council that Petition No. 71-11-1-70 (Item No. 9) be approved; Items No. 10 and 10a) Property located in the Northeast 1/4 of Section 27 from C-1 to M-2 and C-1 to C-2, the City Planning Commission having in its resolution No. 1-29-72 recom- mended to the City Council that Petition No. 71-11-1-70 (Items No. 10 and 10a) be approved, Item No. 13 Property located in the Northeast 1/4 of Section 28 and the Southeast 1/4 of Section 21, from C-2 to M-1, the City Planning Commission having in its resolution No. 1-30-72 recommended to the City Council that Petition No. 71-11-1-70 (Item No. 13) be approved; Items No. 15 and 16 Property located in the Southwest 1/4 of Section 30 from RUF to C-1 and C-1 to M-1, the City Planning Commission having in its resolution No. 1-32-72 recom- mended to the City Council that Petition No. 71-11-1-70 (Items 15 and 16) be approved; Item No. 18 Property located in the Southwest 1/4 of Section 30 from C-1 to M-1, the City Planning Commission having in its resolution No. 1-28-72 recommended to the City Council that Petition No. 71-11-1-70 (Item No. 18) be approved; and Items No. 17 and 19 Property located in the Southwest 1/4 of Section 30 from RUF to C-2 and C-1 to C-2, the City Planning Com- mission having in its resolution No. 1-33-72 recom- mended to the City Council that Petition No. 71-11-1-70 (Items No. 17 and 19) be approved, further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the locations of the proposed changes of zoning as set forth above first to be published in the official newspaper of the City or 12827 a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or 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 Brown, seconded by Councilman Raymond, it was #255-72 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 21, 1971 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on February 28, 1972, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code; (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Tiffany Park Subdivision No. 6 located in the West 1/2 of Section 19, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improvement as set forth in said statement dated December 21, 1971; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in the West 1/2 of Section 19, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as follows : Lots 563 through 615 both inclusive of Tiffany Park Subdivision No. 6, of part of the West 1/2 of Section 19, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. 12828 (7) direct the City Assessor to prepare a special assess- ment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated December 21, 1971, and; (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5, of the Livonia Code of Ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Brown, Ventura and Raymond. NAYS: Bennett. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Raymond, it was #256-72 RESOLVED, that having considered a communication from the City Engineer dated February 28, 1972, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated February 28, 1972, the Council does hereby authorize Final Payment in the amount of $13,980.16 to Oak Construction Company, 220 East Seventh Street, Royal Oak, Michigan, which sum includes the full and complete balance due on a contract dated July 7, 1971 in the amount of $82,000.00, which contract was decreased to the sum of $79,941.40 in the manner indicated in the aforesaid communication, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifi- cations and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed; further, the Council does hereby authorize final payment in the amount of $289.21 to the firm of John E. Hiltz & Associates, Inc., for engineering services performed in connection with this project as indicated in Invoice No. 16435 dated October 18, 1971, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, McCann, Raymond, Bennett, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was 12829 #257-72 RESOLVED, that having considered a letter dated March 13, 1972 from the City Clerk, and approved by the Mayor, the Council does hereby approve and authorize the purchase of thirty (30) Shoup Voting Machines at a price of $750.00 each, FOB Spokane, Washington, from the Computer Election Systems, Inc., Berkeley, California; said purchase to be financed from the proceeds of Certificates of Indebtedness evidencing the total cost of the purchase; and further, the Council has determined to dispense with obtaining bids therefore in this instance for the following reasons: 1. That all voting machine equipment presently owned and employed by the City are of the Shoup type machine, the product of, and offered only by, one original manufacturer. 2. In the interest of uniformity throughout all voting precincts within the City of Livonia it is both practical and desirable to maintain uniformity in this particular equipment to avoid confusion in the operation of the machines by the voters and simplification of setting machines and training election inspectors. 3. That said equipment is used equipment and available only for a limited time and subject to prior sale, hence bidding with respect to same would serve no useful purpose; and further, the Mayor, City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution, and in particular, the City Clerk is also authorized to contact the firm of Miller, Canfield, Paddock and Stone, Detroit, Michigan, the City's bond counsel, to assist in the preparation, issuance, and delivery of said Certificates of Indebtedness, subject to approval as to form by the City Attorney. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was x#258-72 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the month of April, 1972; Wednesday, April 12, 1972 Wednesday, April 26, 1972. 12830 By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #259-72 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #260-72 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, April 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. 71-12-1-71 submitted by Mr. Michael Vorgitch, 38645 Ann Arbor Road, Livonia, Michigan 48150, for a change of zoning of property located on the southeast corner of Knolson and Ann Arbor Road in the Southwest 1/4 of Section 31 from C-1 to C-2, the City Planning Commission having in its resolution No. 2-47-72 recommended to the City Council that Petition No. 71-•12-1-71 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 to cause to have a statement indicating the location of the proposed change of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 2-211 AND 2-212 OF CHAPTER 2 (FINANCIAL ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 12831 L 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 11.02 AND SECTION 11.03 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." PETITION No. 70-10-6-4 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Ventura, seconded by Councilman Raymond, it was #261-72 RESOLVED, that having considered a communication from the Depart- ment of Law, dated March 14, 1972, which transmits a contract for the employment of the firm of Ralls-Hamill-Becker Associates, Inc., architects, 15223 Farmington Road, Livonia, for architectural services to be performed in connection with the proposed service building for the Department of Public Works and office additions to the Department of Public Works, Operations and Engineering Divisions, which contract has been approved by the Director of Public Works, approved as to form by the Department of Law and approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk to execute the aforesaid contract for and in behalf of the City of Livonia, as submitted, for the purpose of employing the said architectural firm; further, the Council does hereby appropriate and authorize the expenditure of the sum of $2826.81 from the Unexpended Fund Balance Account for the purpose of making initial payment to the aforesaid architectural firm in accordance with the schedule of payments set forth in Article 6 of the aforesaid contract; and the Mayor, 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, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was 12832 10, #262-72 RESOLVED, that having considered a communication from the Director of Public Works, dated March 13, 1972, approved for submission by the Mayor, with regard to the demolition of the former St. Pauls Parsonage, the Council does hereby authorize the Department of Public Works to do all things necessary to demolish and tear down the said structure. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was 4263-72 RESOLVED, that having considered a communication from the Mayor, dated March 15, 1972, which transmitted bids received for the removal of dead elm trees and the selling of walnut trees located in the flood plain area, the Council does hereby determine to reject all bids received in this regard .for the reasons indicated in the aforesaid communication and to take no further action at this time with respect to the same. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, this 731st regular meeting of the Council of the City of Livonia was duly adjourned at 9:20 P. M., March 15, 1972. dJ M1 ADDISON W. BACOlapity erk.