Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1971-03-10 11952 MINUTES OF THE SEVEN HUNDRED FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 10, 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 8:28 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: Edward H. McNamara, Mayor, Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works; William J. Strasser, City Engineer; Ed Siemert, Assistant L Engineer; Dan Gilmartin, Industrial Coordinator; John Nagy, City Planner; Carl Demek, Superintendent of Operations Division; Rudolf R. Kleinert, Director of Public Safety-Fire; Frank Kerby, Chief Building Inspector; Robert Turner, Police Chief; Calvin Roberts, Fire Chief, John T. Dufour, Superintendent of Parks and Recreation; Richard Jones, Assistant Superintendent, Water & Sewer Department; Jack Dodge, Budget Director; Thomas Griffiths, Chief Accountant; Dan Andrew, Planning Commission; Paul Kugler, Water and Sewer Board; and H. Dow Tunis of the Planning Commission. By Councilman Ventura, seconded by Councilman Raymond, and *unanimously adopted, it was #148-71 RESOLVED, that the minutes of the 704th regular meeting of the Council of the City of Livonia, held on February 10, 1971, are hereby approved. *Councilman Bennett abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. LBy Councilman Bennett, seconded by Councilman McCann, and *unanimously adopted, it was 11953 #149-71 RESOLVED, that the minutes of the 134th special meeting of the Council of the City of Livonia, held on February 22, 1971, are hereby approved. *Councilman Brown abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. By Councilman Ventura, seconded by Councilman Brown, it was RESOLVED, that having considered the letter from the Mayor, dated March 1, 1971, requesting that the Livonia Environmental Awareness Center (LEAC), recently founded by interested citizens to educate the community about pollution and its eventual effects, the Council does hereby authorize the use of part of the rectory area of the former St. Paul's church for this activity, and the Mayor is hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. By Councilman Milligan, seconded by Councilman Raymond, it was #150-71 RESOLVED, that the matter of office space for the Livonia Environmental Awareness Center (LEAC), referred to in the letter dated March 1, 1971, from the Mayor, is hereby referred to the study session to be conducted on March 15, 1971. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann and Nash. NAYS: Bennett and Ventura. The President declared the resolution adopted. The communication dated March 2, 1971 from the Director of Public Works, with respect to acquiring a new collection site for the LEAC, was referred to the study session to be conducted on March 15, 1971. The communication dated February 16, 1971 from Stanley Telman, Chairman, Finance Committee for the Livonia 20th Committee, transmitting its financial report, was received and filed for the information of the Council. The communication from the Mayor, dated March 3, 1971 relative to building requirements for apartments, was received and filed for the information of the Council. The communication from the Federation of Livonia Civic Associations, dated February 15, 1971, with respect to prohibiting building of apartments within 1000 11954 feet of any residentially zoned area, was received and filed for the information of the Council. The communication dated March 3, 1971, from the Mayor, with respect to the length of the Racing Season, was received and filed for the information of the Council, together with the letter from the Federation of Livonia Civic Associations with respect to the same. The communication from the Department of Law, dated February 22, 1971, with respect to Civic Action #166753 (Nat Korash, Max Madorsky and Jerome L, Schostak vs City of Livonia) was received and filed for the information of the Council. The communication from the Department of Law, dated March 9, 1971, with respect to Shell Oil Company vs City of Livonia, et al, Court of Appeals - Docket No. ?701, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was #151-71 RESOLVED, that having considered a communication from the Chief of the Fire Division dated February 1, 1971, approved by the Director of Public Safety-Fire, the office of the Budget Director and approved for submission by the Mayor with regard to furnishings and equipment for new Fire Stations No. 5 and 6, the Council does hereby determine to accept the following bids from the following bidders for supplying the City with the following items for the following prices: J. L. Hudson Company 16 Headboards $ 468.00 16 Mattresses & Box Springs 1,476.80 16 Bedside Chairs 557.60 32 Blankets 219.20 32 Pillows 136.00 4 Three Seat Settees 683.80 8 Single Seat Units 482.00 4 Step Tables 105.60 4 Lamps, Philmar Base 130.00 $4259.00 March Office Supply 2 Metal Book Cases 96.00 L 4 Steelcase Files 372.00 4 Swivel Chairs 243.00 2 Desks 442.50 4 I, Armchairs 171.00 8 " Wastebaskets 42.00 2 If Desk Lamps 25.00 $1,391.50 11955 Canton China Kitchen Ware $ 768.28 the same having been in fact the lowest bids received with respect to these items, further, the Council does hereby authorize the expenditure of the sum of $6,418.78 from the 1968 Fire Department Bond Issue for the purchase of the foregoing items, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #152-71 RESOLVED, that having considered a communication from the Chief of the Police Division, the Director of Public Safety-Police and the office of the Budget Director dated January 26, 1971, and approved for submission by the Mayor, the Council does hereby accept the bid of Thalner Electronics Laboratories, 7235 Jackson Road, Ann Arbor, Michigan 48103, for supplying the Police Division with Video Surveillance Equipment for the price of $2,995.00 and the Council does hereby accept such bid in lieu of the low bid for the reasons outlined in the aforementioned 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. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7-105 OF ARTICLE 1 OF CHAPTER 1 (BUILDING CODES) OF TITLE 7 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bennett gave first reading to the following Ordinance: LAN ORDINANCE AMENDING SECTIONS 7-116, 7-117, 11956 7-118 and 7-120 of ARTICLE 1 OF CHAPTER 1 (BUILDING CODES) OF TITLE 7 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LI VONIA. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7-222 OF CHAPTER 2 (HEATING ORDINANCE) OF TITLE 7 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Loffice of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Brown, seconded by Councilman Bennett, it was #153-71 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated January 29, 1971, approved by the office of the Budget Director and approved for submission by the Mayor with regard to an Ice Show to be conducted at the Ford Arena on April 2, 3 and 4, 1971, by the Parks and Recreation Department, the Council does hereby authorize the Parks and Recreation Department to charge an admission price in the amount of $1.00 for adults and 500 for children who attend these performances. 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 Ventura, it was 1miRESOLVED, that having considered the report and recommendation from the City Engineer dated January 14, 1971, approved by the Director of Public Works and approved for submission by the Mayor, the Council does 11957 hereby authorize the release to the proprietors of the Judson Gardens Subdivision No. 2 the Financial Assurances previously deposited with respect to the Sidewalk Bond (Cash Bond in the amount of $500.00) deposited with the City in accordance with Council Resolution No. 796-67 as amended by Council Resolution No. 1216-69 upon completion of the installation of all sidewalks in this subdivision, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. By Councilman Brown, seconded by Councilman Ventura, it was ##154-71 RESOLVED, that having considered the report and recommendation from the City Engineer dated January 14, 1971, approved by the Director of Public Works and approved for submission by the Mayor, with respect to the release to the proprietors of the Judson Gardens Subdivision No. 2 the Financial Assurances previously deposited with the City in accordance with Council Resolution No. 796-67 as amended by Council Resolution No. 1216-69for sidewalk installation in the said subdivision, the Council does hereby refer this matter to the study session to be conducted on March 15, 1971, for further study. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Milligan and McCann. NAYS. Raymond and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #155-71 WHEREAS, pursuant to the direction of the City Council in its resolution No. 542-70 adopted on June 22, 1970, and resolution No. 1169-70 adopted on December 16, 1970, and in accordance with Section 2-509 and Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of February 4, 1971 an assessment roll dated January 27, 1971 covering the proposed installation of ornamental street lighting with underground wiring on Lancaster and Garden Avenues, north of Five Mile Road (Franklin Square Apartments) City of Livonia, Michigan, containing the special assessment to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in resolution No. 542-70 and No. 1169-70; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give the notice required by the provisions of 11958 Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, May 10, 1971 at 8:00 p. m. to review the said special assess- ment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of May 10, 1971; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #156-71 WHEREAS, pursuant to the direction of the City Council in its resolution No. 945-70, adopted on September 30, 1970, and in accordance with Section 2-509 and Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 14, 1971 an assessment roll dated January 7, 1971 covering the proposed installation of street lights in the S. W. 1/4 of Section 11, City of Livonia, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution No. 945-70, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, April 19, 1971 at 8:00 p. m. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior 11959 to the aforesaid date of April 19, 1971; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 70-2-3-3) 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 tab le for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman Raymond, it was #157-71 RESOLVED, that having considered the report and recommendation dated January 22, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor and the attached final estimate dated November 30, 1970, the Council does hereby authorize Final Payment in the sum of $15,697.49 to Century Cement Company, 2461 Gorno, Trenton, Michigan, which sum represents the full and complete balance due on a contract dated July 26, 1970 in the amount of $32,882.88 and also, the sum of $13,270.38 for additional work performed by the afore- said Commany in connection with the Eight Mile and Morlock Roads 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 affidavits, waivers of lien and guaranty have been filed, and for this purpose the additional sum of $13,270.48 is hereby advanced from the 9.8 Million Dollar Street and Road General Obligation Bond Issue on the condition that the said bond issue shall be reimbursed to the extent that special assessment district bonds are sold with respect to the work hereby referred to; further, the Council does hereby determine that Special Assessment Districts 70, 72 and 74 and the respective assessment schedule and roll provided for each is hereby revised in accordance with the schedules attached to the afore- said communication from the City Engineer, which schedules are based on actual construction costs, such action being taken pursuant to the pro- visions set forth in Section 2-527 of the Livonia Code of Ordinances, as amended, and on the understanding that such additional assessments are in an amount less than 25% and, further, with respect to which such assess- ments are made on the basis of the same ratio as that originally assessed for the said special assessment districts; and further, that in connection with the aforesaid special assessment districts the Council does hereby authorize the expenditure of the sum of $9,215.23 from the 9.8 Million Dollar Street and Road General Obligation Bond Issue as that amount which shall constitute the City of Livonia's participation as its share of the cost involved; and the City Cler k,City Assessor and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. L11960 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 Brown, it was #158-71 RESOLVED, that having considered a communication from the Department of Assessment dated January 28, 1971, approved for submission by the Mayor with regard to a request from Mr. William J. Ogg, Dolson & Ogg Construction Company, dated January 7, 1971, for a proposed division or partition of certain property and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as 18.46 of Ordinance No. 543, as amended, the City of Livonia Zoning Ordinance, the Council does hereby determine to deny the request for dividing Tax Items 36 I 107 and 36 1108 in the west half of the Southwest 1/4 of Section 36, T. 1 S. , R. 9 E., into two (2) fifty-foot wide parcels since the same would create two parcels which would be in violation of the City's Zoning Ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. L NAYS: None. The communication from Mrs. James Shaw, 26129 Ross Drive, Detroit, Michigan dated February 1, 1971, with respect to limiting of phosphates in laundry products, was received and filed for the information of the Connell. By Councilman Ventura, seconded by Councilman Bennett, it was #159-71 RESOLVED, that having considered a communication from the City Planning Commission dated January 4, 1971, submitting its resolution No. 12-144-70 wherein it is recommended that the preliminary plat of Linden Park Subdivision located in the southwest 1/4 of Section 32 be approved, the Council does hereby determine to defer action with respect to the same pending receipt from the Department of Public Works of its report and recommendation as to adequacy of proposed improvements, compliance with all Subdivision Improvement Requirements of the City and the estimat- ed total cost of all proposed and required public improvements, utilities and grading, in accordance with Section 9-111 of the Livonia Code of Ordinances, as amended. LA roll call vote was taken on the foregoing resolution with the following result. AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS : None. 11961 By Councilman McCann, seconded by Councilman Brown, it was #160-71 RESOLVED, that having considered a communication dated February 8, 1971 from the Department of Law transmitting for Council acceptance a Grant of Easement dated January 27, 1971 executed by the Northwest Wayne County Community College District operating Schoolcraft College, by Eric J. Bradner, President, and W. Kenneth Lindner, Vice- President-Business Affairs, conveying: The south twenty-seven (27) feet of the north eighty-seven (87) feet of the following described parcel: The Northwest 1/4 of Section 7, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the west 780.05 feet of the North 633.00 feet thereof; also except the west 60 feet thereof, as determined from Wayne County Records. (Bureau of Taxation Parcel 07C2a) (purpose• installation of sanitary sewer extension along Seven Mile Road) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is herein requested to have the same recorded in the Office of the Register of Deeds and to do all other 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 McCann, seconded by Councilman Brown, it was #161-71 RESOLVED, that having considered a communication dated February 4, 1971 from the Department of Law transmitting for Council acceptance a Grant of Easement, dated January 22, 1971, executed by The Felician Sisters, O.S.F., a non-profit Michigan corporation, by Sister Mary Pachomia, Treasurer, conveying: The S. 20' of the N. 352' of the W. 60' of the W. 1/2 of Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the west 235 ft. of the north 210 ft. thereof, also except the east 43 ft. of the S. 3/4 thereof, also except the south 102 ft. thereof, also except the N.E. 1/4 of the N.W. 1/4 of Sec. 20; also except that part thereof described as beginning at a point on the W. Section line distant due N. 7ft. from the W. 1/4 corner of Section 20 and proceeding thence due north along said line 1154.16 ft. ; thence due east, 681.32 ft. , thence S. 5° 57' E, 747.80 ft.; thence S. 13° 19' E, 294.40 ft., thence S. 37° 53' E, 157 ft. ; thence due West 11962 L923.06 ft. to the point of beginning, also except that part thereof described as beginning at a point on the N. line of Schoolcraft Road distant N. 0° 19' 40" w, 102 ft. and S. 89° 59' 3o" W. 43 ft. from the S. 1/4 corner of Section 20 and proceeding thence S. 89° 59' 30" W. along said line, 1120.47 ft. ; thence N. 0° 19' 40" W, 1541.79 ft.; thence S. 89° 53' 35" E, 257.42 ft., thence N. 0° 08' 15" W, 257.38 ft., thence N. 89° 54' 45" E, 862.20 ft. ; thence S. 0° 19' 40" E. along the W. line of Levan Road, 1799.84 ft. to the point of beginning except the E. 900 ft. of the N. 330 ft. thereof. (Bureau of Taxation Parcel 20I2b2a) (purpose: installation of sanitary sewer) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid document and the City Clerk is herein requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #162-71 RESOLVED, that having considered a communication dated February 22, 1971 from the Department of Law, submitted pursuant to Council Resolution 57-71, transmitting for Council acceptance a Quit Claim Deed dated February 18, 1971, executed by James C. Durgin and Rosie D. Durgin, his wife, conveying: Lot 7 of Dutch Mill Gardens, a subdivision of part of the N. 1/2 of Section 24, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, according to the plat thereof recorded in Liber 68 of Plats, Page 70, Wayne County Records. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full per- formance of this resolution; further, the City Assessor is hereby request- ed to do all things necessary to have the subject property removed from; the tax rolls as being city owned and exempt. LA roll call vote was taken on the foregoing resolution with the following result. AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 11963 By Councilman McCann, seconded by Councilman Brown, it was #i63-71 RESOLVED, that having considered a communication from the Department of Law dated February 17, 1971 transmitting for Council acceptance a Warranty Deed dated February 9, 1971 executed by Saul J. Bechek, Milton M. Maddin, Leonard R. Farber, Robert L. Alper and Lenore S. Alper, his wife; Joshua J. Stone and Eunice S. Stone, his wife; and Donald A. Krupp, a single man, conveying: That part of the northeast 1/4 of Section 19, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as: Beginning at a point on the west line of Newburgh Road, which point is distant North 0° 19' 42" West 450 ft. from the northeast corner of Lot 1, Castle Gardens Subdivision No. 1 as recorded in Liber 83, pages 65 and 66, Wayne County Records, thence North 89° 59' 20" West 300 ft.; thence North 0° 19' 42" West 200 ft.; thence South 89° 59' 20" East 300 ft. to the West line of Newburgh Road; thence South 0° 19' 42" East 200 ft. to point of beginning (being the South 200 ft. of the East 300 ft. of Tax Item No. A2albl). (future fire station site) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty Deed and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city owned and exempt. A roll call vote was taken on the foregoing resolution with the following result AYES. Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS : None. By Councilman McCann, seconded by Councilman Brown, it was #164-71 RESOLVED, that having considered a communication dated February 4, 1971 from the Department of Law transmitting certain docu- ments for the Council's acceptance, which documents are more particular- ly described as: 1. Quit Claim Deed dated December 21, 1970 executed by Jack M. Richards and Margie Lou Richards, his wife, conveying: 11964 The northerly most 60 feet of: that part of the N. W. 1/4 of Section 35; T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, beginning N. 89°49' E. 235 ft. from the N.W. corner Section 35. Thence N. 89°49' E. 51 ft., thence S.0°07'30" E. 415 feet, thence S. 89° 49' W. 113 ft.thence N. 0°07'30" W. 40 ft. thence S. 89°49' W. 113 ft. thence N. 0°07'30" W. 140 ft. thence N. 89° 49' E. 175 ft., thence N. 0°07'30" W. 235 ft. to point of beginning. (Bureau of Taxation Parcel 35D1ala,D2a) (Plymouth Road right-of-way) 2. Grant of Easement dated December 21, 1970 executed by Jack M. Richards and Margie Lou Richards, his wife, conveying: The centerline of a twelve (12) feet permanent easement for storm sewer is described as: Commencing at the N.W. corner of Section 35, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan; thence S.00° 07' 30" E. 332.00 feet along the West line of said Section 35 which is the centerline of Merriman Road, thence N. 89°49'00" E. 241.00 feet to the point of beginning of said easement; thence N. 00°07'30" W. 272.00 feet to a point on the South R.O.W. line of Plymouth Road 120 feet wide said point being the point of ending. (Bureau of Taxation Parcel 35D1ala,D2a) 3. Grant of Easement dated December 2.1, 1970 executed by Jack M. Richards and Margie Lou Richards, his wife, conveying: The centerline of a twelve (12) foot permanent easement for sanitary sewer is described as : Commencing at the N.W. corner of Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, thence S. 00°07'30" E. 308.00 feet along the West line of said Section 35 which is the centerline of Merriman Road; thence N. 89° 49' 00" E. 229.00 feet to the point of beginning of said easement, thence S. 00°07'30" E. 101.00 feet, thence N. 89° 49' 00" E., 57 feet to the point of ending. (Bureau of Taxation Parcel 35Dlala,D2a) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid documents. 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. 11965 lie By Councilman Ventura, seconded by Councilman Bennett, it was #165-71 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated December 22, 1970, and the report and recommendation of the Chief of Police dated February 19, 1971 in connection therewith, the Council does hereby approve of the request from Gene E. and Delores B. Hunter to transfer ownership of 1970-71 SDM License from Robert D. Young located at 34225 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #166-71 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated December 10, 1970, and the report and recommendation dated February 19, 1971 from the Chief of Police in connec- tion therewith, the Council does hereby approve of the request from Raymondo and Consuelo Garcia and the Southland Corporation, Co-Licensee, lisfor a new SDM License to be located at 38340 Joy 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was RESOLVED, that having considered a communication dated January 5, 1971 from the City Planning Commission which transmits its resolution No. 12-137-70 in regard to Petition No. 70-11-2-25, as submitted by Curran Construction Company requesting permission to construct and operate a McDonald. Restaurant on property located on the west side of Middlebelt Road between Five Mile Road and Wentworth in Section 14, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on February 22, 1971 pursuant to Council resolution No. 70-71, the Council does hereby concur in the recommendation of the City Planning Commission and the said Petition No. 70-11-2-25 is hereby denied for the same reasons as those set forth in the aforesaid action of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett and Brown. NAYS: Ventura, Raymond, Milligan, McCann and Nash. The President declared the resolution denied. 11966 By Councilman Milligan, seconded by Councilman Ventura, it was #167-71 RESOLVED, that having considered a communication dated January 5, 1971 from the City Planning Commission which sets forth its resolution No. 12-137-70 in regard to Petition No. 70-11-2-25 as submitted by Curran Construction Company requesting permission to construct and operate a McDonald Restaurant on property located on the west side of Middlebelt Road between Five Mile Road and Wentworth in Section 14, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on February 22, 1971 pursuant to Council resolution No. 70-71, the Council does hereby reject the recommendation of the City Planning Commission and the said Petition No. 70-11-2-25 is hereby approved and granted; provided, however, that it is expressly understood that this will not be a drive-in restaurant where food is consumed in motor vehicles, 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: Ventura, Raymond, Milligan, McCann and Nash. NAYS: Bennett and Brown. L The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication dated September 29, 1970 from the City Planning Commission which sets forth its resolution No. 9-99-70 in regard to Petition No. 70-7-2-18, as submitted by Robert Schaner requesting permission to construct and operate an automatic car wash (exterior type-attended) with gasoline dispensing facilities as a waiver use on property located on the east side of Farmington Road, approximately 210 feet south of Eight Mile Road in Section 3, which prop- erty is zoned C-2, and the Council having conducted a public hearing with regard to this matter on November 23, 1970 pursuant to resolution No. 969-70, the Council does hereby reject the recommendation of the City Planning Commission and said Petition No. 70-7-2-18 is hereby approved and granted, the Council having determined as a matter of fact that the peti- tioner has complied with the requirements of the C-2 zoning classification and the standards set forth in Section 19.06 of the Zoning Ordinance. By Councilman Raymond, seconded by Councilman Brown, it was #168-71 RESOLVED, that having considered a communication dated September 29, 1970 from the City Planning Commission which sets forth its resolution No. 9-99-70 in regard to Petition No. 70-7-2-18, as submitted by Robert Schaner requesting permission to construct and operate an automatic car law wash (exterior type-attended) with gasoline dispensing facilities as a waiver use on property located on the east side of Farmington Road, approximately 210 feet south of Eight Mile Road in Section 3, which prop- erty is zoned C-2, and the Council having conducted a public hearing with 11967 Ime regard to this matter on November 23, 1970 pursuant to resolution No. 969-70, the Council does hereby determine to table this matter until such time as the surface drainage is resolved, as well as a report is received from the Engineering Division, in writing, as to the drainage problem of Mr. V. C. Reddy of 19938 Shadyside. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Raymond, Milligan, McCann and Nash. NAYS: Ventura. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #169-71 RESOLVED, that having considered a communication dated February 8, 1971 from B & F Septic Service which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on February 2, 1971 by the City Planning Commission in its resolution No. 2-23-71 with regard to Petition No. 70-12-2-28 submitted by B & F Septic Service requesting permission to operate a septic tank cleaning business, store equipment and materials outside, and repair machinery in garage as a waiver use on property zoned M-1 and located on property south of Eight Mile Road between Hugh and Beatrice in the Northeast 1/4 of Section 2, the Council does hereby designate Monday, April 19, 1971 at 8 00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. At the request of the petitioner, the item on the agenda with respect to an appeal from a Waiver Use Denial (Petition 70-11-2-27) was removed, and will be considered at such time as requested by the same. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #170-71 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, April 19, 1971 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: 11968 Petition No. 70-12-1-50 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the west side of Middlebelt Road between Dover and Grandon in the Southeast 1/4 of Section 35 from R-1 to P.S., the City Planning Commission having in its resolu- tion No. 2-25-71 recommended to the City Council that Petition No. 70-12-1-50 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 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 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 McCann, seconded by Councilman Brown, and unanimously adopted, it was #171-71 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, May 10, 1971 at 8.00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition No. 71-1-1-1 idtidnd. by Council Resolution No. 1211-70 pursuant to Section 23.01 (a) of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, as amended, for a change of zoning or property located on the northwest corner of Farmington Road and Seven Mile Road in the Southeast 1/4 of Section 4 from C-2 to P.S., the City Planning Commission having in its resolution No. 1-18-71 recommended to the City Council that Petition No. 71-1-1-1 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 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 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. 11969 By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #172-71 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, April 19, 1971 at 8.00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition No. 70-10-1-38 submitted by Rodney C. Kropf, Attorney for Pro-Systems Inc., for a change of zoning of property located on the north side of Seven Mile Road between Middlebelt and Parkville in the Southwest 1/4 of Section 1 from RUF to P, the City Planning Commission having in its resolution No. 11-118-70 recommended to the City Council that Petition No. 70-10-1-38 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 less than fifteen (15) days prior to said public hearing cause to have notice to ge 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 per- formance of this resolution. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #173-71 RESOLVED, that having considered the report and recommendation dated December 1, 1970 from the City Planning Commission which sets forth its resolution No. 10-108-70 in regard to Petition No. 70-9-1-34 submitted by the City Planning Commission for a change of zoning on property located east of Newburgh Road and north of Six Mile Road in the Southwest 1/4 of Section 8 from C-2 to P. S. and C-1, and the Council having conducted a public hearing with regard to this matter on February 22, 1971 pursuant to resolution No. 23-71, the Council does hereby determine to table this matter pending a determination of possible rezoning of adjacent properties. At 9:20 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. 11970 By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that the Council having considered the proposed special assessment roll for the installation of sidewalks on Harrison Avenue from Five Mile Road to Lyndon Avenue in Section 24 at a public hearing conducted on February 15, 1971, the Council does hereby determine to reject the Special Assessment Roll as submitted by the City Assessor. A roll call vote was taken on the foregoing resolution with the following result: AYES : Ventura, Raymond and *Nash. NAYS : Bennett, Brown, Milligan and McCann. The President declared the resolution denied. *Councilman Nash made the following statement: My vote is cast because I would rather see this item referred back to the Streets, Roads and Plats Committee. By Councilman Raymond, seconded by Councilman Bennett, it was #174-71 RESOLVED, that the Council having considered the proposed special assessment roll for the installation of sidewalks on Harrison Avenue from Five Mile Road to Lyndon Avenue in Section 24 at a public hearing conducted on February 15, 1971, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its consideration of establishing a policy guideline in connection with sidewalks to be install- ed on mile roads and half-mile roads. 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 Ventura, seconded by Councilman Bennett, it was #175-71 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 93 more particularly described in Council resolution No. 944-70 adopted on Septem- ber 30, 1970, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Kenwood Park Subdivision in said Special Assessment District No. 93, 11971 NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No, 93 Roll are fair and equitable and based upon benefits derived in said district in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. 93 based on installation of ornamental poles and underground wir- ing is hereby approved and confirmed in all respects pursuant to the pro- visions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. 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 Bennett, it was #176-71 RESOLVED, that the Council having considered the proposed special assessment roll for the installation of sidewalks on West Chicago Road from Middlebelt to Inkster Roads in Section 36 of the City of Livonia at a public hearing conducted on February 15, 1971, the Council does hereby refer this matter to the Streets, Roads and Plats Committee for its consideration of establishing a policy guideline in connection with side- walks to be installed on mile roads and half-mile roads. t roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: Milligan. .!)e President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bennett, it was #177-71 WHEREAS, pursuant to the direction of the City Council in its resolution No. 543-70, adopted on June 22, 1970, and in accordance with Section 2-509 and Section 2-511 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 20, 1971 an assessment roll dated January 12, 1971 covering the proposed installation of ornamental street lighting with underground wiring on Morlock Avenue, east Lof Merriman Road (Merriman Park Apartments), City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution No. 543-70, 11972 THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, April 19, 1971 at 8.00 p. m. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of April 19, 1971, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. 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 Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 5, CHAPTER 5, (SEWERS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTION 5-510 THEREOF. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman McCann, it was #178-71 RESOLVED, that having considered a communication from the Mayor dated January 22, 1971, as well as a communication from the Water and Sewer Board dated January 20, 1971, which transmits its resolution No. W/s 1395 1/71, approved for submission by the Mayor wherein it is recommended that imp the Water Department Budget for the fiscal year 1971-72 be adopted as submitted, the Council does hereby approve the Water Budget for the fiscal year 1971-72 as submitted. 11973 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 #179-71 RESOLVED, that having considered a communication from the Mayor dated January 22, 1971, as well as a communication from the Water and Sewer Board dated January 20, 1971, which transmits its resolution No. W/S 1396 1/71, approved for submission by the Mayor wherein it is recommended that the Sewer Department Budget for the fiscal year 1971-72 be adopted as as submitted, the Council does hereby approve the Sewer Budget for the fiscal year 1971-72 as submitted. 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 Brown, it was #180-71 RESOLVED, that having considered a communication dated January 29, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, which transmits an invoice dated November 20, 1970 from the Board of Wayne County Road Commissioners in connection with the installation of a traffic control signal device at the intersection of Joy Road and Hubbard and the Council having previously in resolution No. 802-69 indicated its approval of this project, the Council does hereby authorize the installation of the same, further, the Council does hereby approve of the payment of the sum of $1,143.42 which sum represents the City of Livonia's share of 25% of the total cost of the said installation and for this purpose does hereby transfer the same said sum of $1,143.42 from the Fund Balance Account to Account No. 360-91 for this purpose, further, it is the understanding of the Council that the County of Wayne will assume the full costs of maintaining the signal as well as all electrical energy costs, and the City Clerk and City Treasurer are herein authorized to do all things necessary or incidental to fulfill the purpose of this resolution and the City Clerk is also requested to send a certified copy of this resolution to the Board of Wayne County Road Com- missioners to the attention of the Engineer of Traffic and Safety. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was 11974 #181-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Office of the Budget Director dated February 16, 1971, and approved for submission by the Mayor with regard to bids received for the replacement of two sedans, the Council does hereby reject the said bids for the reasons outlined in the aforesaid communication and does further request that new bids be taken on the basis of purchasing compact model cars. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #182-71 RESOLVED, that having considered a communication from the Mayor dated February 19, 1971 with regard to the resignation of Theodore H. Hengesbaugh and the appointment of Carl L. Quist, 16942 Yorkshire, Livonia, Michigan, to serve as a representative of the City of Livonia on the Community Commission on Drug Abuse established in connection with the Hazardous Substance Project, the Council takes this means to indicate its approval and concurrence in said appointment. *The President of the Council relinquished the Chair to the Vice-President at 10:00 p. m., to offer the following resolution. By Councilman Nash, seconded by Councilman McCann, it was #183-71 RESOLVED, that pursuant to Article XXIII of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Russel Haller, 9276 California, Livonia, Michigan 48150, is hereby reappointed as a member of the Zoning Board of Appeals for a three year term of office, such term commencing on July 11, 1971, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Nash, McCann and Milligan. NAYS• None. *The President resumed the Chair at 10 01 p. m. By Councilman Milligan, seconded by Councilman Ventura, it was #184-71 RESOLVED, that pursuant to Article XXIII of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Eldon R. Raymond, 38443 Grennada, Livonia, Michigan 48154, is hereby reappointed a member of the Zoning Board of Appeals for a three year term of office, such term commencing on July 11, 1971, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207. 11975 LA 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 February 24, 1971, from Schostak Brothers & Company, Inc. , requesting site plan approval for multiple dwellings on Farmington Road, north of Seven Mile Road, was received and filed for the information of the Council. The following resolution was unanimously offered, supported and adopted: #185-71 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the month of April: Wednesday, April 7, 1971 Wednesday, April 21, 1971. Li:ywCaosuncilman Ventura, seconded by Councilman Milligan, and unanimously adopted, #186-71 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 Ventura, seconded by Councilman Brown, and unanimously adopted, it was #187-71 RESOLVED, that having considered a communication from the City Engineer dated January 28, 1971, approved by the Director of Public Works and approved for submission by the Mayor with regard to a sanitary sewer extension into a homesite located on the north side of Ann Arbor Trail and Hix Road and the cost involved with respect to the same, the Council does hereby refer this matter to the Water and Sewer Board for its report and recommendation. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was L4188-71 RESOLVED, that the Council does hereby request the City Planning Commission in accordance with provisions of law to consider designating the 76.90 acres of land located at the northwest intersection of Farming- ton and Six Mile Roads in Section 9, Tax Parcel 901, in the Master School and Park Plan, as a proposed park site; further, the Parks and Recreation Commission is requested to submit a report and recommendation to the Planning Commission on this matter. 11976 *Councilman Raymond was excused at 10:20 p. m. 8y Councilman Bennett, seconded by Councilman Brown, it was #189-71 RESOLVED, that having considered a communication dated December 1, 1970 from the City Planning Commission which sets forth its resolution No. 11-121-70 in regard to Petition No. 70-10-2-21, as submitted by Robert A. Acchione, Attorney for Burger King Corporation requesting per- mission to construct and operate a Burger King Restaurant on property located on the south side of Plymouth Road between Stark Road and Farming- ton Road in Section 33, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on January 25, 1971, pursuant to resolution No. 1186-70, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition No. 70-10-2-21 is hereby denied for the same reasons as those set forth in the aforesaid recommendation. A roll call vote was taken on the foregoing resolution with the following result• AYES: Bennett, Brown, McCann and Nash. NAYS: Ventura and Milligan. The President declared the resolution adopted. *Councilman Raymond returned at 10:32 p. m. By Councilman Raymond, seconded by Councilman McCann, it was #190-71 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated February 16, 1971, approved by the office of the Budget Director and approved for submission by the Mayor with regard to the use of the sanctuary portion of the Senior Citizens Activities Center for a series of lectures once a week on Thursdays from 8:00 a. m. to 12:00 noon, commencing on March 11, 1971 and continuing until May 6, 1971, for a total fee in the amount of $225.00, the Council does hereby authorize the use of these facilities for this purpose in the aforesaid amount, provided, however, that such groups as shall use this facility pursuant to this authorization shall provide adequate insurance and an appropriate save-harmless agreement indemnifying the City against any and all claims that might arise or accrue in connection with the aforesaid activities, the same to be in a form subject to approval of the Department of Law as well as in amounts meeting the approval of the City Clerk; and the Superintendent of Parks and Recreation, 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, McCann and Nash. NAYS: Milligan. The President declared the resolution adopted. 11977 The following resolution was unanimously offered, supported and adopted: #191-71 RESOLVED, that having considered a communication dated March 5, 1971 from the President of the Federation of Livonia Civic Associations, Mr. Martin F. Seitz, the Council does hereby grant permission to the Federation of Livonia Civic Associations to operate four (4) sound cars in the City of Livonia on March 27, 28 and 29, 1971,for the purpose of informing voters of the Monday, March 29, 1971, Livonia School District Election, the cars to be operated will be four of the following five cars : 1968 Pontiac License No. LDM-885 1964 Ford License No. MRB-516 1970 Ford License No. JZL-385 1970 Chevrolet License No. LCB-038 1971 Ford License No. JZJ-595. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #192-71 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, April 19, 1971, at 8.00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition No. 71-1-1-2 submitted by John E. Dooley, Attorney for Bruce E. Pennell and Otto Bruce Corporation for a change of zoning of property located on the south side of Six Mile Road, east of Middlebelt Road in the Northwest 1/4 of Section 13, from RUF to C-2, the City Planning Commission having in its resolution No. 2-34-71 recommended to the City Council that Petition No. 71-1-1-2 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 cause to have a statement indicating the location of the proposed change of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Bennett, it was 11978 L #193-71 RESOLVED, that having considered a communication from the City Engineer and the Assistant City Engineer, dated February 25, 1971, approv- ed by the Chairman of the Water and Sewer Board, the Director of Public Works and approved for submission by the Mayor, as well as a communication from the Mayor dated March 3, 1971, the Council does hereby accept the bid of Van Kampen Construction Co. in the amount of $47,200.00 for the construction of a 16-inch Metered Pit and Water Connection located at Joy and Newburgh Roads, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work; and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as complet- ed; further, the Mayor and the City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution; further, the Council does hereby authorize the expenditure of the sum of $47,200.00 from Account No. 100.1 for this purpose and further does hereby transfer the sum of $2,200.00 from the Operating and Maintenance Fund to Account No. 100.1 in this regard; further, the Council does hereby authorize the City Clerk and City Treasurer to do all things necessary or incidental to fulfill the purpose of this resolu- tion. LA roll ca)l 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 #194-71 RESOLVED, that having considered a communication from the City Planning Commission dated March 4, 1971, approved by the office of the Budget Director and approved for submission by the Mayor with regard to the 1971 ASPO (American Society of Planning Officials) Conference to be conducted in New Orleans, Louisiana, from March 27, 1971 through April 1, 1971, and expenses in connection therewith, the Council does hereby authorize the transfer of the sum of $500.00 from Account No. 702 (Salaries and Wages) to Account No. 864.1 (Travel and Education-Commission) for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Raymond, Milligan, McCann and Nash. NAYS: Ventura. The President declared the resolution adoptedL . The following resolution was unanimously offered, supported and adopted: 11979 #195-71 RESOLVED, that having considered a communication from the Livonia 21 Committee Chairman dated March 8, 1971, with regard to the use of Ford Field and related City-owned areas and facilities by the Livonia 21 Com- mittee and the Livonia Jaycees on May 30, 1971, for the purpose of conduct- ing a City-wide picnic and celebration in connection with the City of Livonia's 21 anniversary and the Livonia Jaycees Spring Festival, the Council does hereby authorize the use of the said areas for this purpose, provided, however, that the Livonia 21 Committee and the Livonia Jaycees shall provide adequate insurance and an appropriate save-harmless agree- ment indemnifying the City against any and all claims that might arise or accrue in connection with the aforesaid activities, the same to be in a form subject to approval by the Department of Law as well as in amounts meeting the approval of the City Clerk. By Councilman Raymond, seconded by Councilman Bennett, it was #196-71 RESOLVED, that having considered the verbal recommendation of the Mayor, the Council does hereby authorize the expenditure of a sum not to exceed $1500.00 from the Unallocated Appropriations Account for the purpose of permitting the Mayor to employ a representative inbehalf of the City of Livonia to provide information and assistance to members of the Michigan State Legislature, particularly for the purpose of furthering the City's interests in achieving a fair and equitable revision in the State Racing Law of 1959, 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 Bennett, seconded by Councilman McCann, and unanimously adopted, this 705th regular meeting of the Council of the City of Livonia was duly adjourned at 11:07 P. M., March 10, 1971. ADDI S ON W. BACON Werk 11980 MINUTES OF PURT,IC HEARING ON NECESSITY OF INSTALLING PAVING ON DENNE AND HUBBELL AVENUE On March 15, 1971, the above hearing was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at 8:10 P. M. Present: Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann. and Robert D. Bennett. Absent: None. The President stated that pursuant to the provisions of Ordinance No. 401, as amended, of the City of Livonia, entitled "An Ordinance to Provide for the Making of Public Improvements, defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure", and likewise pursuant to a Notice of Public Hearing duly published and sent to property owners in accordance with said Ordinance No. 401, as amended, the City Council is opening a public hearing for the purpose of determining the necessity of installing paving on Denne Avenue and Hubbell Avenue from Plymouth to Dalhay Avenue. There were approximately eighty persons in the audience. Questions and comments from interested persons were given due consideration by the Council, a transcript of which is on file in the Office of the City Clerk. The public hearing was declared closed at 8:55 P. M., March 15, 1971. ADDISON W. BACON, Ciq Cle ' 11981 MINUTES OF PUBLIC HEARING ON VARIOUS ZONING PETITIONS On March 15, 1971, the above hearing was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at 8:55 P.M. Present: Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Robert E. McCann, Edward G. Milligan and Robert D. Bennett. Absent: None. Pursuant to Section 23.06 of Ordinance No. 543, the Zoning Ordinance, the City Clerk has duly published and mailed notices fifteen (15) days prior to the hearing date to those persons in the area affected by the proposed change and all other requirements of Ordinance No. 543, the Zoning Ordinance, have been fulfilled. The President stated 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 Zoning Act (M.S.A. Section 5.2934), as well as Article XXIII of Ordinance 543, the Zoning Ordinance of the City of Livonia, the Council of the City of Livonia is holding a public hearing relative to a request for a change in the Zoning Ordinance. Petition 70-12-1-)49 submitted by City Planning Commission for a change of zoning in Section 26 from C-2 (gen. bus.) to M-1 (light mfg. dist.) . Petition 70-12-1-48 submitted by City Planning Commission for a change of zoning in Section 29 from C-1 (Local bus.) to M-1 (light mfg. Dist). Petition 70-12-1-47 submitted by City Planning Commission for a change of zoning in Section 30 from RUF (Rural urb. farms) to M-2 (Gen. mfg. Dist.). Petition 70-12-1-46 submitted by City Planning Commission for a change of zoning in Section 30 from RUF (Rural urb. farms) to M-1 (light mfg. dist.) Petition 70-12-1-45 submitted by City Planning Commission for a change of zoning in Section 8 from C-2 (gen bus.) to C-1 (local bus.) The public hearing was declared closed at 9:25 P.M., March 15, 1971. ADDISON W. BACON, 'ler - 11982 MINUTES OF THE SEVEN HUNDRED SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 24, 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 8:25 P. M.. Councilman Brown delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Jerry Raymond, Robert E. McCann, Robert D. Bennett and *Edward G. Milligan. Absent-- Peter A. Ventura (Excused). Elected and appointed officials present: Virginia G. Handzlik, Deputy City Clerk; Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works; William J. Strasser, City Engineer; Ed Siemert, Assistant City Engineer; Dan Gilmartin, Industrial Coordinator; John Nagy, City Planner; Robert Ttrner, Police Chief; John T. Dufour, Superintendent of Parks and Recreation; Carl E. Demek, Superintendent of Operations Division; Jack Dodge, Budget Director; Thomas Griffiths, Chief Accountant; Theodor Krauss, Assistant Personnel Director; Ronald Mardiros, City Assessor; H. Patrick O'Neill, Director of Civil Defense; Robert Colomina, Planning Commission; Paul Kugler and Michael Reiser of the Water and Sewer Board. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #197-71 RESOLVED, that the minutes of the 705th regular meeting of the Council of the City of Livonia, held on March 10, 1971, are hereby approved. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7-105 OF ARTICLE 1 OF CHAPTER 1 (BUILDING CODES) OF TITLE 7 OF THE LIVONIA CODE OF ORDI- NANCES, AS AMENDED, OF THE CITY OF LIVONIA. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Raymond, McCann, Bennett and Nash. NAYS: None. 11983 L. The President declared the foregoing Ordinance duly adopted and would become effective on publication. At the direction of the Chair, the item on the agenda with respect to Petition 70-8-1-31 (Request of Mr. Gurwin for zoning change at Osmus and Seven Mile from RUF to PS), was removed and will be considered at regular meeting of Apr. 7,1971. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 7-116, 7-117, 7-118 AND 7-120 OF ARTICLE I OF CHAPTER I (BUILDING CODES) OF TITLE 7 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Raymond, McCann, Bennett 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: L AN ORDINANCE AMENDING SECTION 7-222 OF CHAPTER 2 (HEATING ORDINANCE) OF TITLE 7 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Brown, Raymond, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (PETITION 70-2-3-3) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Raymond, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become Leffective on publication. 11984 Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 5, CHAPTER 5, (SEWERS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTION 5-510 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result• AYES: Brown, Raymond, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #198-71 RESOLVED, that having considered a communication from the City Treasurer and the Budget Department dated January 26, 1971 with regard to bids received for an automated check protector accumulator, the Council does hereby determine to reject the bid received with respect to this item and further requests that this item be readvertised for the taking of new bids on a basis of new specifications that do not designate a specific trade name. By Councilman McCann, seconded by Councilman Bennett, it was #199-71 RESOLVED, that having considered a communication from the Water & Sewer Board dated February 1, 1971, approved by the Budget Department and approved for submission by the Mayor which transmits its resolution #WS 1399 1/71 to which is attached a communication dated December 10, 1970 from the Superintendent of Operations, Director of Public Works and the Budget Director, the Council does hereby accept the alternate bid of Ed Carpenter Sales, Inc., 33640 Michigan Avenue, Wayne, Michigan 48484, for supplying the Sewer Maintenance Section with one (1) new current Model Dodge D-100 Pickup Truck with automatic transmission at a cost of $2,562.60, the same having been in fact the lowest alternate bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, McCann, Bennett and Nash. NAYS: None. *Councilman Milligan arrived at 8:47 p. m. By Councilman McCann, seconded by Councilman Brown, it was 11985 #200-71 RESOLVED, that having considered a communication from the Water & Sewer Board dated January 19, 1971, approved by the Budget Department and approved for submission by the Mayor which transmits its resolution #WS 1387 12/70 to which is attached a communication dated December 1, 1970 from the Superintendent of Operations, Director of Public Works and the Budget Director, the Council does hereby accept the bid of Bill Brown, Inc., 32222 Plymouth Road, Livonia, Michigan 48150, for supplying the Water Maintenance Section of the Operations Division with one (1) new Current Model E 200 Ford Econoline Vanette Truck at a net price of $2,796.62 less trade-in allowance of $50.00 on a 1965 Dodge Pickup Truck, Serial No. 116-1446619 (D.P.W. Veh. No. 435) for a total price of $2,746.62, and the Council does hereby accept such bid in lieu of the low bid for the reasons outlined in the aforementioned communication dated December 1, 1970. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, *Milligan, McCann, Bennett and Nash. NAYS: None. *Councilman Milligan abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. By Councilman Bennett, seconded by Councilman McCann, it was #201-71 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and the office of the Budget Director dated February 18, 1971, and approved for submission by the Mayor, the Council does hereby accept the bid of W. F. Miller Company for supplying the Forestry Section of the Operations Division with one (1) new Myers Model 6910-TT29ETR150 Tall Tree Mist Sprayer at a cost of $6,528.00, the same having been in fact the lowest bid received for this item; further, the Council does hereby authorize the transfer of the sum of $228.00 from the Unexpended Balance Account to Account No. 101-512-970 for this purpose. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #202-71 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and the office of the Budget Director dated February 10, 1971, and approved for submission by the Mayor, the Council does hereby accept the bid of W. F. Miller Company, 1593 S. Woodward, Birmingham, Michigan 48011, for supplying the Parks and Golf Course Section with Fertilizer based upon the following unit prices and total prices since the same were the lowest total bid received with respect to these items and the only bid which was in accordance with the quantities and formulae requested: 11986 I. FOR PARKS 3 ton 12-4-8 w/Benefin $147.84 $443.52 8 ton 12-4-8 71.86 574.88 II. FOR GOLF COURSE 7 ton 16-4-8 for Greens 146.83 1,027.81 32 ton 12-4-8 for Fairways 71.86 2,299.52 19 ton 5-10-30 for Greens and Fairways 80.28 1,525.51 $5,871.24 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #203-71 WHEREAS, property described as: That part of Section 5, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as being the E. 1/2 of the E. 1/2 of the S. E. 1/4 of Section 5, except the E. 10.0 acres thereof, and except the W. 290 feet thereof. (Bureau of Taxation Parcel 05K1) 29.86 acres. City Park Site Designation E-26 is included in the Master Plan for Parks for the City of Livonia, and WHEREAS, the United States of America is presently considering the City of Livonia's application for federal assistance, designated Project OSA-148, which application includes in part the above described real property for park purposes, and WHEREAS, it is determined upon consideration of two competent independent appraisals that the fair market value of this real property is $125,000.00, NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property for a total consideration in the amount of $125,000.00 which acquisition shall be on the basis of a land contract with a 10-year term of duration, and with a down payment of $25,000.00 at the time of closing, and interest at the rate of 6% per annum on the unpaid balance, and which land contract shall be payable annually on the unpaid blance in equal installments; and 1.987 2. The City Council does hereby authorize the expenditure of a sum not to exceed $2,305.84 for the payment of the 1970 city, county, county drain and school taxes; and 3. The City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue; and 4. The Mayor and the City Clerk are hereby authorized to execute in behalf of the City of Livonia the said land contract agreement; and 5. The Mayor, the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #204-71 WHEREAS, property described as: That part of the N. W. 1/4 of Section 11, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant N. 89° 52' 50" W. along the E. and W. 1/4 section line 579.40 feet, thence N. 0° 05' 50" W. 556.59 feet from the center 1/4 corner of Section 11; and proceeding thence N. 0° 05' 50" W. 285,0 feet; thence S. 89° 59' 55" W. along the S. line of Pickford Avenue 125 feet; thence S. 0° 05' 50" E. 285.0 feet; thence N. 89° 59 55" E. 125 feet to the point of beginning. 0.82 acres (City Park Site Designation K-50) is included in the Master Plan for Parks for the City of Livonia; and WHEREAS, the United States of America has entered into Contract OSA-58 which provides for financial assistance to the City of Livonia in acquiring the above described real property for park purposes; and WHEREAS, it is hereby determined, upon consideration of two competent independent appraisals that the fair market value of this real property is $18,000.00, NOW, THEREFORE, BE IT RESOLVED, THAT. 11988 L1. the City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $18,000.00, in accordance with the terms of the Right to Purchase Agreement, 2. the City Council does hereby authorize the sum of $232.62 for the proration of the 1970 City, County, and School taxes at the time of closing, prorated from the date of the agreement, and does further authorize the expenditure of the sum of $120.00 to cover the cost of title work on the subject property, 3. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue, and 4. the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. L A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #205-71 RESOLVED, that having considered a communication from the Mayor dated February 4, 1971, which submits a proposed Snowmobile Ordinance, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #206-71 RESOLVED, that having considered a communication from the Department of Law dated November 25, 1970, which submits a proposed Land Improvement Inspection Ordinance, which ordinance was introduced by Councilman Bennett at the regular meeting of the Council on January 13, 1971, the Council does hereby refer the same to the Committee of the Whole for its consideration at a meeting to be conducted on April 26, 1971 at 7:00 P. M. By Councilman Brown, seconded by Councilman Bennett, it was 11989 #207-71 RESOLVED, that having considered a communication dated February 5, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, which transmits a copy of a letter dated February 1, 1971 from the Oakland County Road Commis- sioners in connection therewith, and having considered the necessity for the installation of a traffic signal control device to be located at Brentwood and Eight Mile Roads, the Council does hereby authorize the installation of the same; further, the Council having been advised that the estimated cost of the proposed traffic signal installation is $3,300.00 does hereby approve of the City assuming 33-1/3% of the total actual cost of such installation and for this purpose does hereby transfer the sum of $1,110.00 from Account No. 101-60-01 to Account No. 480.2 for this purpose, further, the City hereby agrees to pay 33-1/3% of the maintenance costs based upon the understanding that Oakland County will be the agency responsible for payment of energy billings and/or lease line interconnection billings, and the Board of Oakland County Road Commissioners is hereby requested to cause such traffic signal to be installed at the aforesaid location in an expeditious manner; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution; and the City Clerk is also requested to send a certified copy of this resolution to the Board of Oakland County Road Commissioners to the attention of the Electrical Services Engineer. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #208-71 RESOLVED, that having considered a communication from the City Engineer and the Assistant City Engineer dated February 8, 1971, approved by the Director of Public Works and approved for submission by the Mayor in regard to the need of funds in order to provide adequate inspections for certain drain projects, the Council does hereby authorize the transfer of $2,000.00 from Account No. 451.3-709 for this purpose. A roll call vote was taken on the foregoing resolution with the following result- AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, it was #209-71 RESOLVED, that having considered a communication from the City Engineer dated January 20, 1971, approved by the Director of Public Works and approved for submission by the Mayor with regard to the acquisition of certain right-of-way located on Newburgh Road between Five and Six Mile Roads, the Council does hereby determine to revise and amend Council 11990 Resolution No. 297-70 so as to authorize payment of $1,000.00 (in lieu of the previously authorized sum of $700.00) to be expended from the 9.8 Million Dollar General Obligation Street Improvement Bond Issue for the purchase of such right-of-way from the owner (s) of Parcel 18B1; further, the Division of Engineering and Department of Law are hereby requested to complete the acquisition of the aforesaid right-of-way. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, it was #210-71 RESOLVED, that having considered a communication from the Depart- ment of Law dated February 18, 1971, approved for submission by the Mayor, with regard to the acquisition of the property located at 33233 Five Mile Road, Livonia, Michigan, the legal description of which is as follows : Lot 3C6 and adjacent vacated alley 20' wide, Grennada Park Subdivision #1, of part of the N.W. 1/4 of Section 22, T. 1 S., R. 9 E. , City of Livonia, Wayne County,Michigan. (Bureau of Taxation Parcel 22c306) the Council does hereby authorize the Department of Law to acquire the aforesaid property for the price of $53,750.00; further, the Council does hereby authorize the expenditure; a. of a sum not to exceed $720.64 for the proration of city, county, and school taxes applicable to this property, and b. the sum of $300.00 in order for the City to purchase title insurance in the amount of the purchase price, and c. the sum of $535.66 in order to cover the cost of water and sewer charges including Wayne County Interceptor charge; and d. the sum of $1200.00 in order to cover the cost of the rental for the two offices rented by the City at this property for the period commencing December 1, 1970 through March 31, 1971, and further, the Council does hereby authorize the expenditure of the aforesaid sums from the 9.8 Million Dollar General Obligation Street and Road Bond Issue for this purpose, further, the Council does hereby agree to the use of Office A rent free by the Seller of the subject property for the 6- month period commencing April 1, 1971 through September 30, 1971 for the purpose of permitting the relocation of the business enterprise presently using this facility, and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution. 11991 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #211-71 RESOLVED, that having considered a communication from the Mayor dated February 22, 1971, as well as a communication from the Parks and Recreation Commission dated February 16, 1971, approved by the office of the Budget Director and approved for submission by the Mayor to which is attached a communication from the Engineering Division dated January 29, 1971, the Council does hereby authorize an advance not to exceed $30,000.00 from the 4.4 Million Dollar Parks and Recreation Bond Issue for the purpose of converting the watering system at the Whispering Willows Municipal Golf Course from the city water source to a pump system that would take water from the pond reservoir, the same to be reimbursed to the said bond issue from the proceeds of the Golf Course Operations Fund; further, the Division of Engineering is hereby requested to do all things necessary for the purpose of preparing plans and specifications and, thereafter, advertising and taking bids for submission to Council in connection with this project. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann and Nash. NAYS: *Bennett. The President declared the resolution adopted. *Councilman Bennett made the following statement: My 'not vote is cast because I would prefer that the funds here expended would come from another source rather than the 4.4 Million Dollar Parks and Recreation Bond Issue. By Councilman Milligan, seconded by Councilman Raymond, it was #212-71 RESOLVED, that having considered a communication from the City Engineer dated February 4, 1971, approved by the Director of Public Works and approved for submission by the Mayor in connection with the crossing protection devices ordered to be installed on Stark Road at the C & 0 Railroad crossing, pursuant to Michigan Public Service Commission Order No. R-556.40 and altered by Public Service Commission No. RR 2557, the Council does hereby authorize the payment of a partial billing for relocating and modifying the said crossing protection as required by the new paving installed on Stark Road in the amount of $4,149.12 from the 9.8 Million Dollar Street Improvement General Obligation Bond Issue; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. 11992 A roll call vote was taken on the foregoing resolution with the following result: L AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, it was #213-71 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and the Budget Department dated February 10, 1971, and approved for submission by the Mayor with regard to the furnishing of certain additional uniforms for certain employees in the Department of Public Works, pursuant to the City's contract with Local 192 of AFSC&1v1E, the Council does hereby authorize the transfer of the sum of $4,599.00 from Account No. 60-01 to the following accounts in the following amounts: Acct. 469-768 20 men $1,600. " 475-768 6 men 480. 480-768 4 men 145. ti 513-768 6 men 265. " 595-768 1 man 160. " 705-768 15 men 1,200. H 781-768 3 men 240. " 451.3-768 1 man 41. " 512-768 9 men - 1 additional 468. change/week $4,599. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #214-71 RESOLVED, that having considered a communication from the Mayor dated February 11, 1971 wherein it is proposed that an Ecology Commission be established, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. The communication dated February 11, 1971 from the Mayor with regard to L1969 Taxes on City-owned Parksites (CR-793-70), was received and filed for the information of the Council. 11993 By Councilman Raymond, seconded by Councilman Brown, it was #215-71 RESOLVED, that having considered a communication from the Depart- ment of Law, dated February 18, 1971, approved by the Director of Public Works, the City Engineer and approved for submission by the Mayor, with regard to an agreement to be entered into by the City of Livonia and the Allied Supermarkets, Inc., wherein Allied Supermarkets, Inc. would pay to the City of Livonia the sum of $5,275.00 as its total share of costs in- volved in encasing the Buckeye Pipe Line at Merriman Road adjacent to driveways leading into the Allied buildings, the Council does hereby con- cur in the recommendation of the Department of Law, and the Mayor and City Clerk are hereby authorized in behalf of the City of Livonia to affix their signatures to an appropriate agreement and release for this purpose; further, that upon receipt of the aforesaid sum, the same is to be deposit- ed in the 9.8 Million Dollar Street Improvement General Obligation Bond Account. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS. None. By Councilman Brown, seconded by Councilman Raymond, it was #216-71 RESOLVED, that having considered a communication from the Director of Public Works dated February 17, 1971 with regard to the fee schedule previously approved by Council Resolution No. 954-70, the Council does hereby amend and revise Council Resolution No. 954-70 so as to provide that Paragraph 4 of Section B of the said Resolution No. 954-70 shall read as follows in lieu of that previously set forth therein: "Arrangement will be made, if possible, to have a private contractor pick up the large items and collect the fee from the resident. If arrangements cannot be made to have a private contractor pick up the large items, this service will then be provided by City forces in accordance with the same fee schedule." A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #217-71 RESOLVED, that having considered a communication from the City Engineer dated February 9, 1971, approved by the Director of Public Works 11994 and approved for submission by the Mayor with regard to the Special Assess- ment Roll previously authorized in Special Assessment District No. 73 in Council Resolution No. 417-69, the Council does hereby amend and revise Council Resolution No. 417-69 so as to amend and revise Special Assessment Roll No. 73 so as to revise the front foot assessment pertaining to Bureau of Taxation Parcels I2, to 18, J3 to J8, E and FI in the following manner: Parcel 12, to 18, J3 to J8 439 feet E, FI 531 feet and the City Assessor, City Treasurer and City Clerk 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 : Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #218-71 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated February 15, 1971, approved by the office of the Budget Director and approved for submission by the Mayor wherein it is recommended that an agreement be entered into authorizing Mr. John Hubert to conduct a junior baseball school on Henry Ford Athletic Diamonds No. 3, 4, 5 and 6 from 8:00 a.m. to 12:00 noon, Mondays through Fridays, beginning June 21, 1971, at a rental fee of $25.00 per week for an eight week period terminating on Friday, August 13, 1971 and that the fields be floated and lined every day upon completion of the program by Mr. Hubert, the Council does hereby authorize the Mayor and City Clerk to enter into such an agreement on behalf of the City of Livonia with Mr. John Hubert and does hereby request the Department of Law to prepare the necessary agreement in this regard. A roll call vote was taken on the foregoing resolution with the following result: AYES : Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS : None. By Councilman Milligan, seconded by Councilman McCann, it was #219-71 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated February 15, 1971, approved by the office of the Budget Director and approved for submission by the Mayor, the Council does hereby authorize and approve the charge of an entry fee in the amount of $40.00 per team for all non-resident teams participating in the City's Baseball Program, further, the Council does hereby authorize that such funds as may be derived by way of collection of the aforesaid fees be allocated to the Parks Division Budget for the purpose of defray- ing the expenses involved in the maintenance of the baseball diamonds and payment of utility costs in connection with this program. 11995 A roll call vote was taken on the foregoing resolution with the following result• AYES• Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. At 9.30 p. m. , a recess was called, after which the meeting resumed with all members present who were named as present in the original roll of this meeting. By Councilman McCann, seconded by Councilman Milligan, was #220-71 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 16, 1970 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 8, 1971, after due notice as required by Section 2-507 of said Code, and after 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 an overall parking development, including landscaping, erections of screening wall, etc., for commercial development on the south side of Plymouth Road between Hubbard and Merriman Roads in Section 34, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to 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 said improvement as set forth in said statement dated November 16, 1970; (4) determine that the estimated cost of such improvement is $162,100.00; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said imrove- ment to be borne and paid by the City shall be $16,209.44 and that the balance of said cost and expense of said public improvement amounting to $145,890.56 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in propor- tion to the benefits to be derived therefrom; 11996 (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessment shall be levied as follows: That part of the N. E. 1/4 of Section 34, T1S, R 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the N. E. corner of said Section, thence S. 0° 59' 44" W. along the east line of Section 34, 170.0 feet; thence N 88° 47' 52" I, 2,678.07 feet to the north and south 1/4 line of Section 34, thence N 10 18' 46" E, along said line, 170.0 feet to the north line of Section 34; thence S 88° 47' 52" E. along said line 2,672.13 feet to the point of beginning; (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and (10) that upon the 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, of the City of Livonia 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 required by Section 2-511 of the said Code. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #221-71 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated December 9, 1970 on all matters required by Section 2-5C6 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on March 1, 1967, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code, 11997 (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installa- tion of paving including storm drainage on Sunset Avenue in the Livonia Mall Estates Subdivision, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to 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 said improvement as set forth in said statement dated December 9, 1970, (4) determine that the estimated cost of such improvement is $45,500.00; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said improve- ment to be borne and paid by the City shall be 0 and that the balance of said cost and expense of said public improve- '. ment amounting to $45,500.00 shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that the assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon on the unpaid balance, (8) designate the assessment district, describing the land and premises upon which special assessment shall be levied as follows: A special assessment district located in Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as containing the following parcels of land: 2N1ala3,N2 2P102 2P103 2P104 2P105 2P106 2P107 2P108 2P58b1a5 (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and 11998 (10) that upon the 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, of the City of Livonia 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 required by Section 2-511 of the said Code. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brawn, Raymond, McCann, Bennett and Nash. NAYS: Milligan. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #222-71 RESOLVED, that the Council having adopted resolution No. 1133-69 at its regular meeting held on October 13, 1969 requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed installation of sidewalks on Newburgh Road between Schoolcraft L and Seven Mile Road in Sections 8, 17, 18 & 19, City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifica- tions therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer, with the City Clerk under date of August 19, 1970 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, April 26, 1971 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Bennett, seconded by Councilman Milligan, and unanimously Ladopted, it was 11999 #223-71 RESOLVED, that the Council having considered a communication dated July 22, 1970 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground conductors shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Dover Courts Subdivision No. 2 in Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifica- tions therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of July 28,1970 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, April 26, 1971 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Bennett, seconded by Councilman Milligan, andt.unanimously adopted, it was #224-71 RESOLVED, that the Council having considered a communication dated August 24, 1970 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground conductors shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Tiffany Park Subdivi- sion No. 4 in Section 19, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the 12000 lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of September 11, 1970 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, April 26, 1971 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #225-71 RESOLVED, that the Council having adopted resolution No.1009-69 at its regular meeting held on September 17, 1969 requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring on Cardwell Avenue, between Plymouth Road and W. Chicago in Section 36, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed in the City Engineer with the City Clerk under date of August 14, 1970 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, April 26, 1971 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such pro- posed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #226-71 RESOLVED, that the Council having adopted resolution No. 672-69 at its regular meeting held on June 18, 1969 requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring 12001 on Deering Avenue, north of Joy Road in the vicinity of the Cleveland School in Section 36, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of July 23, 1970 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, April 26, 1971 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #227-71 RESOLVED, that the Council having adopted resolution No. 550-70 at its regular meeting held on June 22, 1970 requiring the City Engineer to ascertain the assessed valuation of all property affected by the proposed paving of Deering Avenue north of Joy Road to the Cleveland Elementary School, in the S. E. 1/4 of Section 36, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and ti appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of July 28, 1970 and that there has been a full compliance with all of the provisions of Section 2-5C6 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, April 26, 1971 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hear- ing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3-507 of said Code. 12002 By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #228-71 RESOLVED, that the Council having adopted resolution No. 550-70 at its regular meeting held on June 22, 1970 requiring the City Engineer to ascertain the assessed valuation of all property affected by the propos- ed installation of sidewalks on Deering Avenue north of Joy Road to the Cleveland Elementary School, in the S. E. 1/4 of Section 36, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obliga- tion of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assess- ment district, and it appearing to the Council that all of such informa- tion, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of July 28, 1970 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, April 26, 1971 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Milligan, seconded by Councilman McCann, it was #229-71 RESOLVED, that having considered the report and recommendation dated March 2, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the proprietor of Burton & Share Westside Industrial Subdivision the financial assurances previously deposited with respect to the General Improvement Bond (Cash Bond in the amount of $1,000.00 as well as the Cash Escrow Deposit of $685.00 for Survey Monuments) deposited with the City in accordance with Council Resolution No. 476-69 adopted on April 30, 1969, as thereafter subsequently amended on February 23, 1970 in Council Resolution No. 157-70 which previously reduced such financial assurances to $1,000.00 in cash to guaranty the satisfactory installation of improvements in Burton & Share Westside Industrial Subdivision it appearing from the aforementioned report of the City Engineer that all required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia, however, all cash payments for traffic control signs, street name signs and engineering fees should be retained; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 12003 A roll call vote was taken on the foregoing resolution with the following result: AYES' Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #230-71 RESOLVED, that having considered the report and recommendation dated February 16, 1971 from the City Engineer approved by the Director of Public Works and approved for submission by the Mayor, as well as a com- munication dated February 26, 1971 from the Attorney for the proprietor of the Nottingham Woods West Subdivision, the Council does hereby amend Item No. 8 of Council Resolution No. 980-70 adopted on October 14, 1970, so as to reduce the financial assurance now on deposit with the City for general improvements in the Nottingham Woods West Subdivision to the amount of $55,210.00 to cover the cost of remaining improvements in the said subdivi- sion, and the Financial Assurance now on deposit with the City, if any, shall be reduced accordingly; further, the Financial Assurance now on deposit with the City in the amount of $18,000.00 shall remain the same and unchanged; provided, however, that with respect to the General Improve- ment Bond and the Sidewalk Bond the proprietor of the said subdivision shall be permitted to deposit with the City Clerk an Irrevocable Letter of Credit issued by the Manufacturer's National Bank of Detroit in the foregoing amounts in lieu of posting a Surety Bond and Cash Deposits so long as the same has been approved as to form by the Department of Law; 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, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #231-71 RESOLVED, that having considered a communication from the City Planning Commission dated March 3, 1971 which transmits its resolution No. 2-48-71 wherein the Commission did amend Part V of the Master Plan, Master School and Park Plan, so as to delete certain property located south of Pembroke Avenue between Merriman Court and Sunset Boulevard in the southwest 1/4 of Section 2 from the said Master Plan, the Council does hereby determine to refer this matter back to the Planning Commission for further recommendation and clarification. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was 12004 #232-71 RESOLVED, that having considered a communication from the City Planning Commission dated March 3, 1971 which transmits its resolution No. 2-47-71 wherein the Commission did amend Part V of the Master Plan, Master School and Park Plan, so as to delete Parcel D-12 located on the north side of Seven Mile Road, west of Osmus Avenue, in the southeast 1/4 of Section 3 from the said Master Plan, the Council does hereby determine to refer this matter back to the Planning Commission for further recommenda- tion and clarification. By Councilman Milligan, seconded by Councilman McCann, it was #233-71 RESOLVED, that having considered a communication dated March 5, 1971 from the Department of Law, submitted pursuant to council resolution 57-71, transmitting for Council acceptance a Quit Claim Deed, to which is attached Certificate of Death of Mary T. Sjoblom, dated March 4, 1971, executed by Wilbert A. Sjoblom, an unremarried widower, conveying: The East 1/2 of Lot 8, Dutch Mill Gardens, a subdivision of part of the N. 1/2 of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, according to the plat thereof recorded in Liber 68 of Plats, Page 70, Wayne County Records, the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to record the document attached thereto as well and to do all other things necessary or incidental to the full performance of this resolution; further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city owned and exempt. p roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #234-71 RESOLVED, that having considered a communication dated March 2, 1971 from the Department of Law transmitting for Council acceptance a Grant of Easement dated November 16, 1970 executed by David F. Bolger and Barbara Abney Bolger, his wife, and John H. 0. LaGatta and Frances B. LaGatta, his wife, conveying an 18-foot wide easement for the purpose of operating and maintaining a water main, which easement is more particular- ly described as: That part of the N. E. 1/4 of Section 1, T. 1 S., R. 9 E, City of Livonia, Wayne County, Michigan, the centerline of an 18-foot wide easement being described as: 12005 Beginning at a point on the east line of Deering Avenue (60' side) extended, said point being northerly 27.5' from the S. W. corner of lot 99 of the Argonne Annex Subdivision as recorded in Liber 46, on page 35 of Plats, Wayne County Records; thence from said point of beginning, easterly, parallel to and 27.5' north of the south lot line of lots 99 and 96 of said Argonne Annex Subdivision, 270.94' to a point of ending on the west line of St. Francis Avenue (60'wide), said point of ending being northerly 27.5' from the S. E. corner of lot 96 of said Argonne Annex Subdivision. (Bureau of Taxation Parcel 1c96 and 1c99) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS : None. By Councilman Brown, seconded by Councilman McCann, it was #235-71 RESOLVED, that having considered the report and recommendation dated January 4, 1971 from the City Planning Commission which sets forth its resolution No. 12-145-70 in regard to Petition No. 70-10-1-36 submitted by Enrico Canini for a change of zoning on property located on the west side of Middlebelt Road between Grandon and Dover in the Southeast 1/4 of Section 35, from R-1 to P. S., and the Council having conducted a public hearing with regard to this matter on March 8, 1971 pursuant to resolution No. 71-71, the Council does hereby concur with the recommenda- tion of the Planning Commission and the said Petition No. 70-10-1-36 is hereby approved and granted; and the City Planner 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: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 12 006 By Councilman Bennett, seconded by Councilman McCann, it was #236-71 RESOLVED, that having considered the report and recommendation dated January 4, 1971 from the City Planning Commission which sets forth its resolution No. 12-134-70 in regard to Petition No. 70-11-1-44 submitted by Rodney Kropf, Attorney for Vaughan and Thelma D. Hinbern, for a change of zoning on property located on the southwest corner of Seven Mile Road and Inkster Road in Section 12, from C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on March 8, 1971 pursuant to Council resolution No. 71-71, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 70-11-1-44 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: *Brown, Raymond, McCann, Bennett and Nash. NAYS : Milligan. The President declared the resolution adopted. *Councilman Brown abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. By Councilman Bennett, seconded by Councilman McCann, it was #237-71 RESOLVED, that having considered the report and recommendation dated December 28, 1970 from the City Planning Commission which sets forth its resolution No. 11-117-70 in regard to Petition No. 70-10-1-42 submitted by the City Planning Commission on its own motion for a change of zoning on property located north of Five Mile Road between Hubbard Road and Fairfield Avenue in the Southwest 1/4 of Section 15, from C-2 to P. S., and the Council having conducted a public hearing with regard to this matter on March 8, 1971 pursuant to resolution No. 71-71, the Council does hereby concur with the recommendation of the Planning Commis- sion and the said Petition No. 70-10-1-42 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 : Brown, Raymond, McCann, Bennett and Nash. NAYS: Milligan. The President declared the resolution adopted. 12007 By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #238-71 RESOLVED, that having considered the report and recommendation dated December 28, 1970 from the City Planning Commission which sets forth its resolution No. 11-116-70 in regard to Petition No. 70-9-1-35 submitted by Hammel Music, Inc., for a change of zoning on property located on the east side of Middlebelt between Broadmoor and Rayburn Avenues, in the Southwest 1/4 of Section 13, from RUF to P., and the Council having conducted a public hearing with regard to this matter on March 8, 1971 pursuant to resolution No. 71-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 70-9-1-35 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 Depart- ment of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #239-71 RESOLVED, that having considered the report and recommendation dated December 28, 1970 from the City Planning Commission which sets forth its resolution No. 11-124-70 in regard to Petition No. 70-10-1-39 submitted by Rodney C. Kropf, Attorney for Rocco and Adelia Corsi for a change of zoning on property located on the north side of Seven Mile Road between Lathers and Angling in the Southeast 1/4 of Section 1, from RUF to P, and the Council having conducted a public hearing with regard to this matter on March 8, 1971 pursuant to resolution No. 71-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 70-10-1-39 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 Depart- ment of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. By Councilman Milligan, seconded by Councilman Raymond, and :nanimously adopted, it was #240-71 RESOLVED, that having considered the report and recommendation dated December 28, 1970 from the City Planning Commission which sets forth its resolution No. 11-125-70 in regard to Petition No. 70-6-1-25 submitted by Rodney C. Kropf, Attorney for Rocco and Adelia Corsi for a change of zoning on property located on the north side of Seven Mile Road between Lathers and Angling in the Southeast 1/4 of Section 1, from RUF and C-1 to C-2, and the Council having conducted a public hearing with regard to this matter on March 8, 1971 pursuant to resolution No. 71-71, 12008 the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 70-6-1-25 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #241-71 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, April 26, 1971 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition No. 71-1-1-4 submitted by Salvatore and Lucille Provenzola for a change of zoning of pro- perty located on the south side of Sunnydale Avenue between Middlebelt and Alexander in the Southwest 1/4 of Section 13, from RUF to R-1, the City Planning Commission having in its resolution. No. 2-36-71 recommended to the City Council that Petition No. 71-1-1-4 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 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 Milligan gave first 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 70-6-1-27. 12009 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 Raymond, and unanimously adopted, it was #242-71 RESOLVED, that having considered a communication dated March 2, 1971 from the City Planning Commission, which transmits its resolution No. 2-33-71 adopted by the Commission on February 23, 1971 with regard to Petition No. 71-2-2-4 submitted by Sun Oil Company requesting permission to allow the modernization and updating of present gasoline service station as a waiver use on property zoned C-2, located on the northwest corner of Middlebelt Road and Schoolcraft Road in the Southeast 1/4 of Section 23, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 71-2-2-4 is hereby approved and granted; such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. By Councilman McCann, seconded by Councilman Bennett, it was #243-71 RESOLVED, that having considered a communication dated March 2, 1971 from the City Planning Commission, which transmits its resolution No. 2-40-71 adopted by the Commission on February 23, 1971 with regard to Petition No. 71-2-2-3 submitted by Eugene Schneider for Campers Paradise Recreational Equipment Company requesting permission to display, store, rent and/or sell camping and travel trailers as a waiver use on property zoned C-2 located on the north side of Plymouth Road, east of Haller in the Southwest 1/4 of Section 25, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 71-2-2-3 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission; except that condition No. 3 is revised and changed to read: "That no travel trailer longer than 35 ft. in length from tongue to bumper be displayed or stored at this site." A roll call vote was taken on the foregoing resolution with the following result. AYES* Raymond, McCann, Bennett and Nash. NAYS: Brown and *Milligan. The President declared the resolution adopted. *Councilman Milligan made the following statement: My 'no' vote is cast because it is my belief that it is presumptous for this Legislative Body to dictate what kind of equipment a man may store on his property. 12010 By Councilman Raymond, seconded by Councilman McCann, it was #244-71 RESOLVED, that having considered the report and recommendation dated December 15, 1970 from the City Planning Commission which sets forth its resolution No. 11-123-70 in regard to Petition No. 70-10-6-4 submitted by the City Planning Commission on its own motion to amend Section 11.02, Permitted Uses, and Section 11.03, Waiver Uses, of Ordinance No. 543, the Zoning Ordinance, to provide for new and used car lots and showrooms, new or used mobile home sales and department stores and discount houses under the Waiver Use section of C-2 Districts, and the Council having conducted a public hearing with regard to this matter on March 1, 1971 pursuant to Council resolution No. 36-71, the Council does hereby determine to table this matter until such time as a proposed ordinance on terminology and definitions, with respect to this matter, is submitted for its considera- tion, by the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan and McCann. NAYS : Bennett and Nash. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Brown, it was #245-71 RESOLVED, that having considered a communication dated March 1, 1971 from Mobil Oil Corporation, by its attorneys, Alfred C. Wortley, Jr. and Bodman, Longley, Bogle, Armstron & Dahling, which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on February 23, 1971 by the City Planning Commission in its resolution No. 2-38-71 with regard to Petition No. 71-1-2-1 submitted by Mobil Oil Company requesting permission to construct a three-bay service station as a waiver use on property zoned C-2 and located on the northeast corner of Schoolcraft and Middlebelt Roads in the Southwest 1/4 of Section 24, the Council does hereby designate Monday, April 26, 1971 at 8.00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as .amended, the Zoning Ordinance of the City of Livonia. A roll cal l vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Milligan, Bennett and Nash. NAYS: McCann. The President declared the resolution adopted. 12011 By Councilman Milligan, seconded by Councilman Bennett, it was #246-71 RESOLVED, that the preliminary plat of the proposed Tiffany Park Subdivision No. 5 situated in the West 1/2 of Section 19, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on March 4, 1969, by its resolution No. 3-33-69, and approved by the City Council on November 3, 1969 by its resolution No. 1225-69 and subsequently amended by Council resolution No. 1344-69 adopted on December 8, 1969, and a report dated January 12, 1971 from the City Engineer, approved by the Director of Public Works and approved for sub- mission by the Mayor, indicatirz that substantial compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commission having approved the final true plat on F3bruary 23, 1971 in its resolution No. 2-45-71, the Council does hereby determine to grant its approval to the Final Plat of Tiffany Park Subdivision No. 5 located in the West 1/2 of Section 19, City of Livonia, Wayne County, Michigan, as submitted by James J. Stone, 8800 Dix Road, Detroit, Michigan 48209, as proprietor, the proprietor thereof being required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, the Plat Ordinance of the City of Livonia, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result: LAYES: Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Raymond, it was ##247-71 RESOLVED, that the proposed amendment to the Livonia Code of Ordinances, as amended, with respect to a License Fee for a Master Electrician (CR-1143-70), is hereby referred to the Legislative Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Prown, Raymond, Milligan, McCann and Bennett. NAYS: Nash. The President declared the resolution adopted. The communication from the Mayor, dated March 9, 1971, relative to a Lrecommendation from the Engineering Division with respect to paving Purlingbrook Avenue in front of the Senior Citizens Housing (McNamara Towers ), was received and filed for the information of the Council. 12012 The communication from the Department of Law dated February 26, 1971, with respect to Civil Action #172449 (City of Livonia, Edward H. McNamara, Robert E. Osborn and Homer B. Flora vs Leo C. Shirley, State Racing Commissioner, Detroit Rac- ing Association and Wolverine Harness Raceway, Inc. ) was received and filed for the information of the Council. The communication from the Department of Law dated March 3, 1971, relative to Wayne County Circuit Court Civil Action #149316 (Elias Brothers Restaurants, Inc. , a Michigan Corporation, vs City of Livonia) was received and filed for the informa- tion of the Council. The communication from the Department of Law dated March 10, 1971 with respect to Wayne County Circuit Civil Action No. 162107 (Stanley E. Hayes, Gladys B. Hayes, Samuel Frankel and Boron Oil Company vs City of Livonia) was received and L filed for the information of the Council. By Councilman Brown, seconded by Councilman McCann and unanimously adopted, it was #248-71 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, and unanimously adopted, it was #249-71 RESOLVED, that having considered the report of the Streets, Roads and Plats Committee dated March 18, 1971 with respect to the following items: a. Proposed resolution to establish a policy regarding improve- ment of various unimproved streets within the City. (CR 856-70), b. Installation ofSi dewalks - Harrison, Five Mile to Lyndon• Establish a policy guideline in connection with sidewalks to be installed on mile roads and half-mile roads. (CR 174-71) and c. Installation of Sidewalks - West Chicago, Middlebelt to Inkster: Establish a policy guideline in connection with sidewalks to be installed on mile roads and half-mile roads. (CR 176-71), 12 013 the Council does hereby refer the same to its Study Session to be conducted on April 12, 1971. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #250-71 RESOLVED, that having considered a communication dated March 19, 1971 from the City Planning Commission, which transmits its resolution No. 3-61-71 adopted by the Commission on March 16, 1971 with regard to Petition No. 71-2-2-6, submitted by Walter A. Goodman requesting permis- sion to install a Big Boy Restaurant in existing building as a waiver use on property zoned C-2 located on property south of Plymouth Road, west of Middlebelt Road within the Wonderland Shopping Center in the Northeast 1/4 of Section 35, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 71-2-2-6 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. By Councilman Raymond, seconded by Councilman McCann, it was #251-71 RESOLVED, that having considered a communication from the Personnel Director dated March 3, 1971, approved by the office of the Budget Director and approved for submission by the Mayor, which transmits a resoluticn adopted by the Civil Service Commission on February 23, 1971, relative to salary rates and benefits for administrative classifications including department or division heads, assistant department or division heads and assistant city attorney classifications, such proposed salary rates and benefits as recommended by the Civil Service Commission to be effective beginning December 1, 1970, and retroactive thereto, and which proposed schedule of salary rates is as follows: Present Proposed No. of Budgeted Classification Maximum Maximum Positions 2 Assistant City Attorney I $11,939 $13,124 1 Assistant City Assessor ) 1 Asst. Supt. Parks & Rec.) $12,953 $14,248 0 Budget Analyst ) 1 Personnel Analyst II ) 1 Asst. Chief Accountant $14,102 No Change 1 Probation Officer 13,478 14,830 1 Asst. Supt. of Operations 14,289 15,724 0 Asst. Planning Director 14,497 15,953 1 Chief Libratian 15,121 16,640 1 Chief Accountant 15,308 16,848 1 Asst. City Attorney II 15,620 17,180 1 Chief Building Inspector 15,724 17,305 12014 L No. of Budgeted Present Proposed Positions - Classification Maximum Maximum 0 Asst. City Attorney III $16,286 $17,908 1 Asst. City Engineer 16,848 18,532 0 Mgr. of Systems & Data) Processing ) 1 Budget Director ) 17,118 18,824 1 Industrial Development) Coordinator ) 1 Supt. of Parks & Rec. ) 1 Personnel Director ) 1 Supt. of Operations 17,368 19,115 1 Police Chief ) 18,907 21,236 1 Fire Chief ) 1 Planning Director ) 1 City Engineer ) 19,510 21,465 1 Chief Asst.City Attorney) 23 L ----- and further, that with respect to benefits for the foregoing administrative classifications that the benefit improvements applicable to other general employees of the City in the period from December 1, 1970 through November 30, 1973 shall be extended to employees in such administrative classifications; FURTHER, that the salary rates of the foregoing administrative classifications shall be reviewed for the purpose of providing adjust- ments as deemed appropriate effective December 1, 1971 and December 1,1972, the Council does hereby approve of and concur in the aforesaid action as detailed; further, the Council does approve and concur in the proposed adjustments and changes in benefits being incorporated as amendments to the. Compensation Plan, the Insurance and Disability Plans and the Rules and Regulations of the Civil Service Commission, further, the Council does hereby authorize the transfer of a total of $18,647.00 from the Unexpended Balance Account to the General Fund in the following amounts to the follow- ing indicated accounts for the period ending and through May 31, 1971• Acct. #702 Acct. #721 Account No. Department Salaries Pension TOTAL 141 District Court $ 676 $ 44 $ 720 L 201 Accounting 770 50 820 202 Assessor 624 41 665 210 Budget 780 51 831 220 Civil Service 1,500 98 1,598 222 Legal 2,735 178 2,913 12015 Acct. #702 Acct. #721 TOTAL Account No. Department Salaries Pension 301 Police $1,165 $ 76 S 1,241 336 Fire 1,165 76 1,241 371 Inspection 790 52 842 451 Engineering 1,820 119 1,939 455 Public Works 1,599 104 1,703 708 Recreation 1,500 98 1,598 738 Library 759 49 808 803 Ind. Development 738 48 786 805 Planning 884 58 942 $18,647 A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #252-71 RESOLVED, that having considered a communication from the Personnel Director dated March 2, 1971, approved by the office of the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on February 23, 1971, relative to rates and benefits for professional, supervisory, confidential and other classifications not covered under agreements with employee organizations, with such rates and benefits to be effective December 1, 1970, December 1, 1971 and December 1, 1972, in the manner indicated in the aforesaid communication, the Council does hereby determine to concur in and approve of such action as detailed; further, the Council does concur and approve of the proposed amendments and changes to benefits to be incorporated as amendments to the Compensation Plan, the Insurance and Disability Plans and the Rules and Regulations of the Civil Service Com- mission; further, the Council does hereby authorize the transfer of the sum of $27,145.00 from the Unexpended Balance Account of each fund to the salaries, pension and social security accounts within the respective funds as follows : No. 702 No. 714 No. 714 TOTAL Fund No. Salaries Pension Soc.Sec. 101 General Fund $20,171 51.,299 $ 712 S22,182 571 Refuse 530 35 565 Water Budget 2,798 182 2,980 Sewer Budget 1,331 87 1,418 _ $24,830 $1,603 $ 712 $27,145 12 016 A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, and unanimously adopted, this 706th regular meeting of the Council of the City of Livonia was duly adjourned at 11:15 P. M., March 24, 1971. ADDISON W. BACO City Jerk. j