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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-11-14 14057 MINUTES OF THE SEVEN HUNDRED SEVENTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 14, 1973, 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 8:15 P. M.. Councilman Milligan delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney; Ronald Mardiros, City Assessor; G. E. Siemert, Director of Public Works; Rudolf R. Kleinert, Director of Public Safety-Fire; Jack Dodge, Budget Director; Robert Turner, Police Chief; Richard Jones, Superintendent Lof Operations Division; John Nagy, City Planner; Gary Clark, Acting City Engineer; Robert E. Osborn, Executive Assistant to the Mayor; Robert Bishop, Zoning Board of Appeals; John Gibbons, Housing Commission; Joseph Talbot, Planning Commission; Francis Hand, Planning Commission; Thaddeus Opalinski and Edwin Imonen of the Traffic Commission; and Michael Resier of the Water and Sewer Board. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #889-73 RESOLVED, that the minutes of the 771st regular meeting of the Council of the City of Livonia, held on October 24, 1973, are hereby approved. At the direction of the Chair, the item on the agenda with respect to Petition 73-7-1-26 of Mario Fallone for property at Seven Mile and Brentwood, was removed and will be considered at the next regular meeting to be conducted on November 28, 1973. The following resolution was unanimously introduced, supported and adopted: 14058 Imp #890-73 WHEREAS, the Thanksgiving holiday is fast approaching, a day upon which the people of this nation traditionally reflect upon the good life which most of them enjoy; and WHEREAS, even at Thanksgiving time, there are still many in our midst who are poor, hungry and unclothed; and WHEREAS, the citizens of Livonia have recognized that the Reverend Mother Charleszetta Waddles has always responded to the needs of these unfortunate human beingsand has attempted to alleviate their condition with food, clothing and shelter; and WHEREAS, the Livonia Jaycees have always proved to be the catalyst in bring Mother Waddles' efforts to fruition in the City of Livonia by uniting the community in giving aid to her humanitarian efforts, NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Livonia do hereby declare the week of November 12 through November 18, 1973 as HELP MOTHER WADDLES FEED A CITY WEEK, and do further urge each and every citizen of this community to lend his physical and moral support to the Livonia Jaycees and Mother Waddles in their joint humanitarian effort to ease the pain and suffering of those among us who have suffered the pains of misfortune. The following preamble and resolution were offered by Councilman Milligan and supported by Councilman Bennett: #891-73 WHEREAS, November 14, 1973, at 7:00 o'clock p. m., Eastern Standard Time, has been set as the date and time for opening bids for the purchase of $1,400,000.00 - 1973 Motor Vehicle Highway Fund Bond, of the City of Livonia, County of Wayne, Michigan; AND WHEREAS, said bids have been publicly opened and read; AND WHEREAS, the following bids have been received: Bidder Maturity Interest Rate Premium Detroit Bank & Trust 1974-75 6.00% $504.46 Detroit, Michigan 1976-84 4.75% 1985-87 5.00% 1988 5.1c% Average Interest Rate 4.906385% Net Interest Cost $596,943.46 14059 LIDBidder Maturity Interest Rate Premium Bank of Commonwealth 1974-1978 6.00% $ 873.25 Detroit, Michigan 1979-1980 4.50% 1981 4.55% 1982 4.60% 1983 4.70% 1984 4.80% 1985 4.9C% 1986 5.00% 1987 5.10% 1988 5.15% Average Interest Rate 4.950965% Net Interest Cost $602,367.38 John Nuveen & Company Chicago, Illinois 1974-1978 6.0C% - 0 - 1979 5.25% 1980-1981 4.60% 1982 4.65% 1983 4.70% 1984 4.75% 1985 4.85% 1986 4.95% 1987 5.00% 1988 5.10% Average Interest Rate 4.9578% Net Interest Cost $603,198.96 American Securities Co. 1974-1978 6.00% $ 95.20 D troit, Michigan 1979-1981 4.60% (Kenower, MacArthur 1982-1983 4.70% Division) 1984 4.80% 1985 4.90% 1986 5.00% 1987 5.10% 1988 5.15% Average Interest Rate 4.9763% Net Interest Cost $605,460.02 Northern Trust Company Chicago, Illinois 1974-1978 6.00% $ 39.00 1979-1984 4.75% 1985-1988 5.00% Average Interest Rate 4.97806% Net Interest Cost $605,664.14 14060 imp Bidder Maturity Interest Rate Premium National Bank of Detroit 1974-1979 6.00% - 0 - Detroit, Michigan 1980 4.60% 1981 4.65% 1982 4.70% 1983 4.75% 1984 4.85% 1985 4.95% 1986 5.00% 1987 5.10% 1988 5.15% Average Interest Rate 5.04270% Net Interest Cost $613,529.16 First of Michigan Corp. 1974-1978 6.00% $23.25 Detroit, Michigan 1979 4.80% 1980-1982 4.75% 1983 4.85% 1984 4.95% 1985 5.00% 1986 5.10% 1987 5.15% 1988 5.20% Average Interest Rate 5.069013% Net Interest Cost $616,729.88 AND WHEREAS, the bid of Detroit Bank & Trust Company, Detroit, Michigan has been determined to produce the lowest interest cost to the City; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The bid of Detroit Bank & Trust Company, as above stated, be and the same is hereby accepted. 2. Checks of the unsuccessful bidders be returned to each bidder's representative or by registered mail. 3. All resolutions and parts of resolutions insofar as they con- flict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The communication dated October 29, 1973 from the Planning Commission, in response to CR-636-73, relative to possible amendments with respect to recreation- al vehicles to the Zoning Ordinance, was received and filed. 14061 Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 10.08 OF ARTICLE X: SECTIONS 11.03 AND 11.09 OF ARTICLE XI: AND SECTION 30.08 OF ARTICLE XXX OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition No. 73-3-6-9) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. TY.e President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman McCann gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 22 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 73-3-1-9 FOR CHANGE OF ZONING FROM RUF TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Raymond and Nash. NAYS: Brown and Ventura. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4 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: PETI- Imp TION 73-6-1-22 FOR CHANGE OF ZONING FROM RUF TO C-l. 14062 A roll call vote was taken on the foregoing Ordinance with the following result: ItioAYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 25 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 ORDI- NANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 73-6-1-24 FOR CHANGE OF ZONING FROM R-1 TO P. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. lie NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2 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: PETI- TION 73-6-1-23 FOR CHANGE OF ZONING FROM RUF TO C-1. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become Iiir effective on publication. 14063 Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING PARAGRAPH (18) AND ADDING PARAGRAPH (27) TO SECTION 18.38 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition 73-3-6-7) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4 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 ORDI- NANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 73-6-1-25 FOR CHANGE OF ZONING FROM RUF TO P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Brown, seconded by Councilman Bennett, it was #892-73 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and the Budget Director dated October 15, 1973, and approved for submission by the Mayor, the Council does hereby determine to amend and revise Council resolution No. 696-73 adopted on August 29, 1973, so as to provide that the Council in accepting the bid of Clawson Tank Company, 525 E. Elmwood Street, Clawson, Michigan 48017, for supplying the City with two (2) 10,000 Gallon Underground Gasoline Storage Tanks, does so on the basis of a total price in the amount of $3,090.00 ($1,545.00 each), the action herein taken being for the reasons set forth in the aforesaid communication. 14064 A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #893-73 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and the Budget Director dated October 15, 1973, and approved for submission by the Mayor with regard to bids received for two (2) 44,000 lb. GVW Tandem Axle Truck Chassis, the Council does hereby determine to reject all such bids for the reasons set forth in the aforesaid communication. By Councilman Milligan, seconded by Councilman Ventura, it was #894-73 RESOLVED, that having considered a communication from the Mayor dated October 31, 1973 and in accordance with the provisions set forth in Section 2-212 (d)(1) of the Livonia Code of Ordinances, the Council does hereby determine to waive the bid requirements set forth in the Financial Ordinance for the reasons set forth in the aforesaid communication and does therefore authorize the purchase of a Tandem Axle Cab and Chassis lbw from the GMC Truck & Coach Division, General Motors Corporation, 5701 Wyoming, Dearborn, Michigan, for the price of $17,054.06, which vehicle does comply with City's specifications and will be available for immediate delivery; further, the Council does authorize the expenditure of previously appropriated Revenue Sharing Funds for the purchase of the said vehicle and in this regard requests the City Clerk and City Treasurer 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #895-73 RESOLVED, that having considered a communication from the Super- intendent of Operations, Director of Public Works and the Budget Director dated October 23, 1973, and approved for submission by the Mayor, the Council does hereby accept the bid of Bill Brown, Inc., 32222 Plymouth Road, Livonia, Michigan, for supplying the City with one (1) 1974 Custom 500 Pillard 4 Door Sedan (Ford) for the price of $3,319.87, the same having been in fact the lowest bid meeting specifications for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. 14065 lib By Councilman Milligan, seconded by Councilman Bennett, it was #896-73 RESOLVED, that having considered a communication from the Mayor dated October 17, 1973, with regard to the status of ambulance service in Livonia, the Council does hereby authorize and request the Mayor to negotiate a contract with a suitable and well-qualified ambulance company for providing such professional service to the City, or in the alternative a proposal on ambulance service being provided by the Livonia Fire Depart- ment, and to thereafter submit his report and recommendation concerning same to Council for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Director of Public Works and the Chief of Police dated October 9, 1973, approved for submission by the Mayor, with respect to the proposed installation of a new generator for the Police Headquarters Building, the Council does hereby determine to refer this matter to the Finance Committee for its report and recommendation. Ilaw A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Ventura and Raymond. NAYS: McCann, Bennett, Brown and Nash. The President declared the resolution DENIED. By Councilman Bennett, seconded by Councilman McCann, it was #897-73 RESOLVED, that having considered a communication from the Director of Public Works and the Chief of Police dated October 9, 1973, approved for submission by the Mayor, the Council does hereby determine to authorize the employment of John Psihas and Associates, Consulting Engineers, 14240 Gratiot Avenue, Detroit, Michigan 48205, for providing the City with Engineering Services so as to prepare plans and specifications in connec- tion with the installation of a 150 KW Generator, Cyclone Cage with automatic Transfer Switch, at the Police Headquarters Building, as detailed in a communication dated October 4, 1973 from Mr. John Psihas, the employ- ment herein authorized to be compensated based upon such engineering work being provided to the City at an hourly basis at two and one-half times direct payroll but in no event to exceed a total overall cost in the amount of $3,500.00; further, the Council does hereby authorize the expenditure of the aforesaid sum from Federal Shared Revenue Funds previously appropriated for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. 14066 A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Brown, Raymond and Nash. NAYS: Milligan and Ventura. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #898-73 RESOLVED, that having considered a communication from the Division of Engineering dated October 11, 1973, approved by the Director of Public Works and approved for submission by the Mayor, wherein the Asssociate City Engineer has ascertained the assessed valuation of all property affected by the proposed road improvement of Green Lane Avenue (Five Mile Road to Sunnydale) in the Southeast 1/4 of Section 13, 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 having prepared and caused to be prepared, plans and specifications there- for 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 tim 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 pro- posed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommenda- tions have been properly filed by the City Engineer with the City Clerk under date of October 11, 1973 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordi- nances, as amended, the Council does hereby set Monday, December 17, 1973 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 Ha» , 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 McCann, seconded by Councilman Bennett, it was #899-73 RESOLVED, that having considered a communication from the Division of Engineering dated October 16, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the action taken in Council resolution No. 1111-72, adopted on December 13, 1972, which approved and confirmed Special Assessment Roll No. 118 for road improvement on Bennett Avenue, west of Merriman Road in Section 10, City of Livonia, Wayne County, Michigan, the Council does hereby determine to revise and amend Council resolution No. 1111-72 so as to insert in L Paragraphs 3, 4 and 5 the date December 1, 1974 in lieu of December 1, 1973 as previously set forth; and the City Treasurer is hereby requested to do all things necessary or incidental to the full performance of this resolu- tion. 14067 A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #900-73 RESOLVED, that having considered a communication from the Division of Engineering dated October 15, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the action taken in Council resolution No. 82-73, adopted on February 7, 1973, which approved and confirmed Special Assessment Roll No. 101 for Plymouth Road Parking Improvements in Section 34, City of Livonia, Wayne County, Michigan, the Council does hereby determine to revise and amend Council resolution No. 82-73, Parking Lots "A" and "B", so as to insert in Paragraphs 3, 4 and 5 the date December 1, 1974 in lieu ofDecember 1, 1973 as previously set forth; and the City Treasurer is hereby requested to do all things necessary or incidental to thefull performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. ible NAYS: None. The communication dated October 10, 1973 from the Engineering Department, with respect to the interest date on S.A.D. 111 for the paving of streets in Rosedale Gardens Subdivision in Section 34, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #901-73 RESOLVED, that having considered a communication from St. Mary's Antiochian Orthodox Church dated October 12, 1973, wherein a request is made for a one-year extension on the waiver use approval granted in Council resolution No. 814-72, adopted on September 13, 1972, with respect to Petition No. 72-5-2-10, the Counnil does hereby refer this matter to the City Planning Commission for its report and recommendation. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was 14068 #902-73 RESOLVED, that having considered a communication dated September 28, 1973 from the City Planning Commission which transmits its resolution No. 9-229-73 adopted by the Commission on September 11, 1973, with regard to Petition No. 73-7-2-14 submitted by Mobil Oil Corporation requesting waiver use approval to rebuild an existing station on property zoned C-2 located on the northwest corner of Schoolcraft and Farmington Roads in the Southeast 1/4 of Section 21, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 73-7-2 .14 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 Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #903-73 RESOLVED, that having considered a communication dated October 11, 1973 from the City Planning Commission, which transmits its resolution No. 10-255-73 adopted by the Commission on October 9, 1973 with regard to Petition No. 73-8-2-21, submitted by Junior Achievement of Southeastern Michigan, Inc., requesting permission to construct a community building as a waiver use on property zoned R-2 located at the northwest corner of Farmington Road and Lyndon Avenue in the Northeast 1/4 of Section 21, the Council does hereby concur in the recommendation made by the City Planning ii• Commission and Petition No. 73-8-2-21 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 Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #904-73 RESOLVED, that having considered a communication from the Hearthstone Homeowners' Association dated October 12, 1973, wherein a request is made for a modification of the traffic control signal light at the intersection of Eight Mile Road and Brentwood so as to provide a left turn arrow for cars turning onto Brentwood, the Council does hereby refer this matter to the Traffic Commission and the Police Department for their respective reports and recommendations. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #905-73 RESOLVED, that having considered a communication from the Hearthstone Homeowners' Association dated October 12, 1973, and in view of certain traffic problems which appear to exist in this area, the Council does hereby request the Traffic Commission to conduct a study of the Hearthstone Subdivision as to the need for the installation of additional stop signs and crosswalk striping and to thereafter submit a report and recommendation. 14069 By Councilman Ventura, seconded by Councilman Brown, it was #906-73 RESOLVED, that having considered a communication from the Traffic Commission dated September 17, 1973 and submitted pursuant to Council resolution No. 658-73 with regard to a communication from the City Engin- eer dated July 13, 1973, approved by the Director of Public Works and approved for submission by the Mayor, which transmits a copy of a letter dated June 26, 1973 from the Board of Wayne County Road Commissioners, and having considered the necessity for the installation of a traffic sig- nal control device to be located at the intersection of Merriman Road and Puritan Avenue, the Council does hereby authorize the installation of the same, to be operated on a part time basis; further, the Council having been advised that the estimated cost of the traffic signal installation is $3,220.00 does hereby approve of the City assuming 50% of the total cost of such installation, and for this purpose does hereby authorize the expenditure of a sum not to exceed $1,610.00 from the Motor Vehicle High- way Fund (Major Roads), and the Board of Wayne County Road Commissioners is hereby requested to cause such traffic signal to be installed at the aforesaid location in an expeditious manner; and the City Clerk and City Treasurer are herein authorized to do all things necessary to the full performance of this resolution; and further, the City Clerk is also re- quested to send a certified copy of this resolution to the Board of Wayne County Road Commissioners to the attention of the Engineer of Traffic and Safety. L. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #907-73 RESOLVED, that having received a communication from Mrs. Henry Bergeron, 11950 Cardwell, Livonia, Michigan 48150, dated October 15, 1973, with regard to certain traffic problems in the residential area which adjoins the Fisher Body Plant to the east, the Council does hereby refer this matter to the Traffic Commission and the Planning Department for their respective reports and recommendations. The communication dated October 15, 1973 from the Tyler School P.T.A. relative to street conditions at the Tyler School, w6s received and filed for the information of the Council. 14070 At 9:40 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. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 5-506 OF CHAPTER 5 (SEWERS) OF ARTICLE I OF TITLE 5 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 Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 2 OF THE iir LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING CHAPTER THERETO ENTITLED "AN ORDINANCE TO ESTABLISH A DEPARTMENT OF CITIZEN SERVICE AND CONSUMER PROTECTION." By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #908-73 RESOLVED, that the proposed ordinance, submitted by the Department of Law under date of October 8, 1973, which ordinance would establish and create a Department of Citizen Service and Consumer Protection, and which was given its first reading by Councilman Milligan on November 14, 1973, is hereby referred to the Legislative Committee for its report and recommendation. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 5-1203 OF TITLE 5, CHAPTER 12 (ANTI-LITTER ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. By Councilman Bennett, seconded by Councilman McCann, it was #909-73 RESOLVED, that the proposed ordinance, submitted by the Mayor under date of October 17, 1973 which ordinance would amend the Anti-Litter Ordinance, Section 5-1203 of the Livonia Code of Ordinance, and which was given its first reading by Councilman Ventura on November 14, 1973, is hereby referred to the Legislative Committee for its report and recom- mendation. 14071 L A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Raymond and Nash. NAYS: Milligan and Ventura. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was #910-73 RESOLVED, that having considered a communication dated April 3, 1973 from the City Planning Commission -which transmits its resolution No. 3-51-73 with regard to Petition No. 72-11-3-15 submitted by D & K Enter- prises, Clair-Ann Company and Michigan National Bank requesting to vacate a portion of Woodring Avenue located between the branch of Michigan National Bank and the parking lot on the east side of Woodring, north of Five Mile Road in the Southwest 1/4 of Section 15, the Council does hereby grant the said Petition and Petition No. 72-11-3-15 is hereby approved, subject, however to the retention of a full width easement for public purposes and use, as well as the conveyance of an additional easement to the City of Livonia by the Michigan National Bank for a "T" Turn-around, the description of which is as follows: Right-of-way across lot 52: "The east twenty-three (23) L feet of the north twenty-three (23) feet of lot 52, Brightmoor Home Acres Subdivision, as recorded in Liber 51, page 1, Wayne County Records, said subdivision being a part of the Southwest 1/4 of Section 15, T. 1 S., R. 9 E. Livonia Township (now City of Livonia), Wayne County, Michigan." further, that the "T" turn-around be improved with a 7 inch deep strength asphalt pavement with concrete curb and gutter section, subject to plans being submitted to the Engineering Division for approval of the ultimate design, storm drainage, placement of a fire hydrant (need and location to be determined by the Fire Department) landscaping (subject to approval of Planning Department) and any other appurtenant facilities; and the Depart- ment of Law is hereby requested to prepare the necessary vacating ordi- nance and language necessary to implement the improvement plan in accord- ance with this resolution. By Councilman Raymond, seconded by Councilman Brown, it was RESOLVED, that the Council does hereby determine to table consideration of Petition No. 72-11-3-15 for vacating a portion of Woodring Avenue in Section 15 to the next regular meeting to be conducted November 28, 1973. A roll call vote was taken on the motion to table with the following result: LAYES: Raymond and Brown. NAYS: Milligan, McCann, Bennett, Ventura and Nash. The President declared the motion DENIED. 14072 A roll call vote was taken on the original resolution with the following result• L AYES: Milligan, McCann, Bennett, Ventura and Nash. NAYS: Brown and Raymond. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Bennett, it was 4911-73 RESOLVED, that having considered a communication from the Division of Engineering dated October 8, 1973, approved by the Director of Public Works and approved for submission by the Mayor, recommending that the City dedicate and relinquish a certain easement through the City-owned parksite referred to as Hearthstone Park in Section 1, the Council does hereby determine to dedicate and relinquish for storm drainage purposes only the following described easement: A 20 foot wide easement for the purpose of installing and main- taining a storm drain in, unto and upon a parcel of land being part of the N. W. 1/4 of Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as: Beginning at a point on the N. and S. 1/4 line of Section 1, said point being S. 1° 52' 50" E., 660.0' from the N. 1/4 corner of Section 1, T. 1 S., R. 9 E., thence continuing S. 1° 52' 50" E., 20.0' ; thence S. 88° 09' 20" W., 272.21' ; thence N. 21° 12' 05" W., 21.20'; thence N. 88° 09' 20" E.; 279.22' to the point of beginning. and Beginning at a point on a Northerly line of "Hearthstone Sub- division" (L. 78, P. 86, 87 and 88) said point being S. 88° 09' 20" W., 641.23' and S. 1° 53' 50" E., 360.0' and S. 30° 07' 34" E., 337.41' and N. 88° 09' 20" E., 170.0' from the North 1‘4 corner of Section 1, T. 1 S., R. 9 E., , thence S. 1° 50' 0" E., 30.0' ; thence N. 88° 09' 20" E., 40.60' ; thence N. 21° 18' 31" W., 31.82' ; thence S. 88° 09' 20" W., 30.0' to the point of beginning and does further request that the Wayne County Bureau of Taxation record such easement dedication on all maps issued by that office and, further, that the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Bureau of Taxation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. LNAYS: None. By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was 14073 #912-73 RESOLVED, that having considered a communication from the Livonia Housing Commission dated October 22, 1973, approved for submission by the Mayor and to which is attached the Livonia Housing Commission 1974 Opera- ting Budget, the Council having reviewed and examined the Budget does hereby determine that the same meets with its approval. By Councilman Ventura, seconded by Councilman Raymond, it was #913-73 RESOLVED, that having considered a communication dated October 22, 1973 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Dale Investment Company, 15500 Telegraph, Detroit, Michigan 48239, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division and combination of Tax Items 27b10 and 27c28 would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing and combining of same into four parcels, the legal descriptions of which shall read as follows: Parcel "A" A parcel of land being part of Lot 10 of Livonia Industrial Park Subdivision No. 1 of part of the Southwest 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Liber 91 of Plats on Pages 20 and 21, Wayne County Records, described as: Beginning at the Southeast corner of Lot 10 of Livonia Industrial Park Sub- division No. 1, thence N. 89° 13' 14" W., 204.50` to the Southwest corner of said Lot 10; thence along the West line of Said Lot 10, N. 0° 02' 31" E., 412.81' , thence, S. 89° 12' 30" E., 204.50' to the East line of said Lot 10; thence along said East line, S. 0° 02' 31" W., 412.76' to the point of beginning. Containing 1.938 acres of land and subject to a private ease- ment for public utilities and road over the South 5.0' of the above described parcel and to any other easements or restric- tions on record. Parcel "B" A parcel of land being part of Lot 28 of Livonia Industrial Park Subdivision No. 2 of part of the Southwest 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Liber 92 of Plats on Pages 69 and 70, Wayne County Records, described: Beginning at a point on the East line of Lot 28 of Livonia Industrial Park Subdivision No. 2, said point being S. 0° 05' 04" W., 495.0' from the North- east corner of said Lot 28; thence, proceeding along said East line S. 0° 05' 04" W., 412.73' to the Southeast corner of said Lot 28, thence, along the South line of said Lot 28, N. 89° 13' 14" w., 94.02' to the Southwest corner of said Lot 28; thence, along the West line of said Lot 28, N. 0° 02' 31" E., 412.76' , thence, S. 89° 12' 30" E., 94.33t to the point of beginning. 14074 Containing 0.892 acres of land and subject to an undisturbed easement over the Easterly 25.0' of above described parcel, to be used for roadway purposes and for overhead and under- ground transmission lines. Also, subject to a private ease- ment for public utilities and road over the Souty 5.0' of the above described parcel and to any other easements or restric- tions on record. Parcel "C" A parcel of land being part of Lot 10 of Livonia Industrial Park Subdivision No. 1 of part of the Southwest 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Liber 91 of Plats on Pages 20 and 21, Wayne County Records, described as: Beginning at the Northwest corner of Lot 10 of Livonia Industrial Park Subdivision No.1; thence, along the North line of said Lot 10, S. 89° 12' 30" E., 125.0' ; thence, S. 0° 02' 31" W., 54.0'; thence, N. 89° 12' 30" W., 125.0' to the West line of said Lot 10; thence, N. 0° 02' 31" E., 54.0' to the point of beginning. Containing 0.155 acres of land and subject to a 12.0' wide private ease- ment for electric and communication, lying adjacent and South of the North line of the above described parcel and to any other easements or restrictions on record. Parcel "D" Part of Lot 10 of Livonia Industrial Park Subdivision No. 1 as recorded in Liber 91 of Plats, Pages 20 and 21; and part of Lot 28 of Livonia Industrial Park Subdivision No. 2 as recorded in Liber 92, Page 69, Wayne County Records, described as: Beginning at the Northeast corner of said Lot 28; thence South 00° 05' 04" West, 495.00' to an iron; thence North 89° 12' 30" West, 298.83' to an iron; thence North 00° 02' 31" East, 441.00' to an iron; thence South 89" 12' 30" East 125.00' to an iron; thence North 00° 02' 31" East, 54.00' to an iron; thence South 89° 12' 30" East, 174.19' to an iron and the Point of Beginning. Containing 3.241 acres of land. Subject to a 12.00' wide private easement for electric and communi- cation, lying adjacent and South of the North line of the above described parcel. And also . . . Subject to a right-of-way for a railroad sidings over the North 100.0' of said Lot 28 as noted in Liber 11707, Page 354, Wayne County Records, And also . . . An undisturbed easement over the Easterly 25.00' of the remaining part of Lot 28, Livonia Industrial Park Subdivision No. 2 as recorded in Liber 92, Page 69, Wayne County Records, to be used for roaliway purposes and for overhead and underground transmission lines, described as: Beginning at an iron in the East line of Lot 28, distant South 00° 05' 04" West, 495.00' from the Northeast corner of said Lot 28; thence South 00° 05' 04" West, 412.73' to an iron in the Southeast corner of Lot 28; thence North 89° 13' 14" West along the North line of Capitol Avenue, 25.00' to an iron; 14075 101 thence North 00° 05' 04" East, 412.74' to an iron; thence South 89° 12' 30" East, 25.00' to the Point of Beginning. Containing 0.237 acres of land. Subject to a private ease- ment for public utilities and road over the South 5.00' of the above described parcel. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #914-73 RESOLVED, that having considered a communication from the Mayor, dated October 17, 1973, with regard to a proposed loop road as extended southerly from Five Mile Road between Patti's Lounge and the Parkview Cemetery and thereafter easterly to Farmington Road, the Council does hereby refer this matter to the Committee of the Whole for its considera- tion at a meeting to be conducted with the Mayor on this subject. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was #915-73 RESOLVED, that in view of certain citizen complaints concerning the type of wall construction. presently allowed in Section 18.45 of the Livonia Code of Ordinances, the Council does hereby request that the City Planning Commission review these provisions for the purpose of considering the initiation of an amendment to the Zoning Ordinance which would require that protective wall construction be aesthetically pleasing and compatible with adjoining residential districts and/or require that protective walls shall be constructed of the same outer material as that provided for the primary building or structure involved. By Councilman Ventura, seconded by Councilman Milligan, it was #916-73 WHEREAS, it is necessary to locate, establish and construct certain drainage improvements to be located entirely within the limits of the City of Livonia, the description, location and route of said improve- ments being as follows: Endorsed additions to Livonia Drain No. 1 along the following routes: 1. Beginning at the intersection of Dover & Danzig Avenues and proceeding thence northerly along Danzig Avenue 250 feet. 14076 2. Beginning @ the intersection of Dover and Oporto Avenues and proceeding thence northerly along Oporto Avenue 250 feet. 3. Beginning @ the intersection of Dover and Melvin Avenues and proceeding thence northerly along Melvin Avenue 250 feet; also southerly along Melvin Avenue 480 feet to a point, thence easterly from said point 300 feet. 4. Beginning @ the intersection of Dover and Louise Avenues and proceeding thence northerly along Louise Avenue 250 feet. 5. Beginning @ the intersection of Dover and Hugh Avenues and proceeding thence southerly along Hugh Avenue 480 feet to a point, thence westerly from said point 300 feet. 6. Beginning @ the intersection of Dover and Freemont Avenues and proceeding thence -8utherly along Freemont Avenue 480 feet to a point, thence easterly from said point 140 feet. 7. Beginning @ the intersection of Hartel Avenue and Joy Road and proceeding thence northerly along Hartel Avenue 600 feet. 8. Beginning @ the intersection of Oxbow Avenue and Olson Drive and proceeding thence easterly along Olson Drive 800 feet. 9. Beginning @ a point on Oxbow Avenue located approximately 130 feet south of the south right-of-way line of Olson Drive (60 feet wide) and proceeding thence southerly from said point along Oxbow Avenue 600 feet. AND WHEREAS, in the opinion of the City Council, the location, establishing, and constructing of said drainage improvements are necessary for the public health of the City of Livonia, and the entire cost thereof, except that part representing benefits to State and County highways, should be assessed against the City of Livonia for public health: AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, (the Drain Code of 1956) provides a feasible method of financing the cost of said drain and branches where the same is necessary for the public health of the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20: AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1956, as amended, provides as follows: "Section 486. The terms of this chapter shall be applicable to any county drain located, ox proposed to be located entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporation only". 14077 NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent, to the making of the provisions of Chapter 20 of Act ho Public Acts of Michigan, 1956, as amended, applicable to the location, establishing, constructing and enclosing of the drain and branches set forth in the preamble hereof, and does hereby consent to the location, establishing, constructing and enclosing of the same pursuant to said Chapter 20 of Act ho, Public Acts of Michigan, 1956, as amended. 2. The proposed drain and branches set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and City Clerk are hereby authorized and directed to sign, for and on behalf of the City of Livonia, a petition praying for the location, establishing, constructing and enclosing of the same, as set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was #917-73 RESOLVED, that having considered a communication from the Depart- ment of Law, dated November 1, 1973, approved for submission by the Mayor, the Council does hereby authorize the Department of Law to acquire from Adam Hrapkiewicz and Leona Hrapkiewicz, his wife, the following described property: Lot 34, Rosedale Gardens No. 1 Subdivision, City of Livonia, Michigan and Lot 35, Rosedale Gardens No. 1 Subdivision, City of Livonia, Michigan; the terms and conditions upon which this acquisition is authorized as follows: 1. purchase price shall be in the amount of $32,000.00 from which shall be deducted the sum of $24,874.81 previously paid to Adam Hrapkiewicz and Leona Hrapkiewicz, has wife, by the City; 1+078 2. also to be deducted from the final payment of $7,125.19 are the following sums: a) $ 35.20 - revenue stamps b) 190.00 - cost of title insurance policy c) 253.50 - proration of taxes for the period December 1, 1972 through March 9, 1973; thereby reducing the final payment to $6,646.49; 3. by this arrangement the City agrees to assume the payment of installments 3 through 10, inclusive, in connection with Special Assessment District #90 (alley paving); 4. that the foregoing amounts are hereby authorized to be expended from the Unexpended Fund Balance Account which amounts are to be reimbursed from the proceeds of Special Assessment District No. 101; and 5. that the City Clerk, City Treasurer and the Department of Law 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #918-73 WHEREAS, pursuant to the direction of the City Council in its resolution No. 796-73, adopted on September 26, 1973, and in accordance with Section 2-511 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of October 25, 1973 an assessment roll dated October 24, 1973 covering the improvement of Mayfield Avenue (Six Mile Road to Curtis) in Section 10, City of Livonia, consisting of Alternate III, 27 foot wide deep-strength asphalt pavement with valley swales (no curb), containing the special assessment to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 796-73; 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 14079 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, December 17, 1973 at 8:00 P. M. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulat- ed generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of December 17, 1973; 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 Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #919-73 WHEREAS, pursuant to the direction of the City Council in its resolution No. 612-73, adopted on July 25, 1973, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of October 17, 1973 an assessment roll dated October 8, 1973 covering the installation of ornamental street lighting with underground wiring in Bobrich Court Subdivision in Section 11, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 612-73, 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, December 17, 1973 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 circulat- ed generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of December 17, 1973; 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. 14080 By Councilman McCann, seconded by Councilman Brown, it was #920-73 RESOLVED, that having considered a communication dated October 30, 1973 submitted by the Department of Law transmitting for Council accept- ance two Grants of Easements which documents are more particularly described as: 1. Grant of Easement executed on August 6, 1973 by Michael M. Dallen and Helan M. Dallen, his wife, granting an easement which easement is more particularly described as: The Southerly 9.00 feet of Lot 74 of Alden Village Subdivision, a part of the South 1/2 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as measured at right angle to the common lot line of Lots 74 and 73 of said subdivision. 2. Grant of Easement executed on August 8, 1973 by Kenneth T. Monkiewicz and Terry Monkiewicz, his wife, granting an easement which easement is more particularly described as: The Northerly 3.00 feet of Lot 73 of Alden Village Subdivision, a part of the South 1/2 of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as measured at right angle to the common lot line of Lots 74 and 73 of said subdivision, the Council does hereby for and in behalf of the City of Livonia accept the aforesaid two Grants of Easements and the City Clerk is hereby request- ed 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #921-73 RESOLVED, that having considered a communication from the Divi- sion of Engineering dated October 23, 1973, approved by the Director of Public Works and the City Attorney and approved for submission by the Mayor, and which transmits a proposed easement agreement wherein General Motors Corporation would convey an easement to the City of Livonia for water main purposes in connection with the Middlebelt Road Grade Separa- tion Project, the Council does hereby authorize the Mayor and City Clerk in behalf of the City of Livonia to execute this Agreement and upon execution of same by General Motors Corporation, the Council does hereby for and in behalf of the City of Livonia accept the said easement; and the City Clerk is hereby requested to have the same upon execution 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. 14081 LA roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #922-73 RESOLVED, that having considered a communication from the Depart- ment of Law dated October 16, 1973, transmitting for Council acceptance a Warranty Deed executed on September 27, 1973 by George E. Pardonnet and Margaret A. Pardonnet, his wife, which conveys to the City a right-of-way mare particularly described as : The south 60 ft. of the north 230 ft. of the west 502 ft. of the east 562 ft. of the south 1/2 of the N.E. 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Beginning at a point on the west line of Merriman Road (120 ft. wd.), said point being N. 0° 02' 20" W., 1093.73 ft. along the east line of Section 27 and N. 89° 09' 50" W., 60.01 ft. from the E. 1/4 corner of Section 27, T. 1 S., R. 9 E., thence N. 89° 09' 50" W., 502.0 ft. ; thence N. 0° 02' 20" W., 60.01 ft.; thence S. 89° 09' 50" E., 502.0 ft., L thence S. 0° 02' 20" E., 60.01 ft. along the east line of Section 27 to the point of beginning. Containing 0.69 acres of land more or less and a Grant of Easement executed on September 27, 1973 by George E. Pardonnet and Margaret A. Pardonnet, his wife, which Grant of Easement is moreparticularly described as: An easement over and across the north 400 ft. of the west 765 ft. of the east 825 ft. of the south 1/2 of the N.E. 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as: Beginning at a point, said point being N. 0° 02' 20" W., 1093.73 ft. along the East line of Section 27 and N. 89° 09' 50" W., 562.01 ft. from the E. 1/4 corner of Section 27, T. 1 S., R. 9 E., thence S. 0° 02' 20" E., 37.0 ft., thence S. 89° 57' 40" w., 50.0 ft.; thence N. 0° 02' 20" W., 134.0 ft.; thence N. 89° 57' 40" E., 50.0 ft.; thence S. 0° 02' 20" E., 97.0 ft. to the point of beginning. The Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty Deed and the Grant of Easement and the City Clerk is hereby requested to have these instruments 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 14082 Assessor is hereby requested to do all things necessary to have the property described in the Warranty Deed herein accepted by the Council removed from the tax rolls as being city owned and tax exempt; and provided further, that the property which was conveyed by Quit Claim Deed dated October 2, 1973 to George E. Pardonnet by the City of Livonia, comprising some 1.377 acres, shall be added to the city tax rolls inasmuch as it is now privately owned, and the City Assessor is hereby requested to do all things necessary or incidental thereto to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #923-73 RESOLVED, that having considered a communication dated November 1, 1973 from the Department of Law, approved for submission by the Mayor, transmitting for acceptance a Warranty Deed executed on October 30, 1973 by Donald E. Twork, a single man, conveying to the City the following described property: The West 195 feet of the South 59.75 feet of the North 255.75 feet of the Northwest 1/4 of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the west 60 feet thereof. (0.19 acres) Bureau of Taxation Parcel Jla2a 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: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #924-73 RESOLVED, that having considered a communication dated November 1, 1973 from the Department of Law, approved for submission by the Mayor, with regard to Parcel 22J1a2a located at 15240 Farmington Road, Livonia, Michigan, formerly known as Don's Dairy Supreme, and which is now owned by the City of Livonia, the Council does hereby authorize the Director of Public Works to do all things necessary to demolish and remove the structure located on the said property, and further, the Director of Public Works 14083 together with the Budget Director is hereby authorized to do all things necessary to sell or dispose of the personal property and fixtures included in the said structure. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER I OF TITLE 4 (GENERAL LICENSING PROCEDURE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING SECTION 4- THERETO. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4.02 OF ARTICLE IV; SECTION 5.02 OF ARTICLE V AND SECTION 7.02 OF ARTICLE VII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition 73-3-6-6) 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 0925-73 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated September 19, 1973, and the report and recommendation of the Chief of Police dated October 25, 1973, in connection therewith, the Council does hereby approve of the request from Abraham Jaafar for transfer of ownership of 1973 SDM License from Badie C. Khalaf, located at 34731 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. 14o84 L A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. *Councilman McCann was excused at 10:40 p. m. for the remainder of the meeting. By Councilman Milligan, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication dated June 25, 1973 from the City Planning Commission, which sets forth its resolution No. 6-147-73, adopted by the Commission on June 12, 1973 with regard to Petition No. 73-5-2-10, submitted by Ken Morris, Inc., requesting permis- sion to construct and operate a Bonanza Restaurant as a waiver use on property zoned C-2 located on the north side of Plymouth Road between Merriman and Melrose in the Southeast 1/4 of Section 27, and the Council having held a public hearing with regard to this matter on August 13, 1973, pursuant to Council resolution No. 521-73, the Council does hereby reject the recommendation of the City Planning Commission and said Petition No. 73-5-2-10 is hereby approved and granted. L By Councilman Brown, seconded by Councilman Ventura, it was #926-73 RESOLVED, that having considered a communication dated June 25, 1973 from the City Planning Commission, which sets forth its resolution No. 6-147-73, adopted by the Commission on June 12, 1973 with regard to Petition No. 73-5-2-10, submitted by Ken Morris, Inc., requesting permis- sion to construct and operate a Bonanza Restaurant as a waiver use on property zoned C-2 located on the north side of Plymouth Road between Merriman and Melrose in the Southeast 1/4 of Section 27, and the Council having held a public hearing with regard to this matter on August 13, 1973, pursuant to Council resolution No. 521-73, the Council does hereby refer this matter back to the City Planning Commission for a new report and recommendation based on the revision of the site plan by the inclusion of additional land. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Brown, Ventura, Raymond and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bennett, and unanimously Ladopted, it was 14085 #927-73 RESOLVED, that having considered a communication from the Mayor dated October 29, 1973 and submitted pursuant to Council resolution No. 778-73, adopted on September 26, 1973, with regard to bids received on August 14, 1973 for the minimal seeding of those portions of the City Refuse Disposal Site which have been filled and covered, the Council does hereby determine to reject all bids for the reasons set forth in the aforesaid communication. By Councilman Ventura, seconded by Councilman Milligan, it was #928-73 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated October 2, 1973 and the report and recom- mendation of the Chief of Police dated October 24, 1973, in connection therewith, the Council does hereby approve of the request from Basim Farhan Zarou for transfer of ownership of 1973 SDM License from Farhan H. Zarou located at 27600 Plymouth Road, Livonia, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Minhigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #929-73 RESOLVED, that having considered the report and recommendation dated October 18, 1973 from the Division of Engineering, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated October 18, 1973, the Council does hereby authorize Final Payment in the amount of $1,207.14 to Imperial Construction Co., 16098 Forest, East Detroit, Michigan 48021, which sum includes the full and complete balance due on a contract dated October 2, 1972 in the amount of $47,530.40 in connection with the Fitzgerald Avenue Sanitary Sewer (Contract 72-6), it appearing from the aforementioned report that all work under the said contract has been com- pleted in accordance with City standards and specifications, and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed; 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: Milligan, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was 14086 Imo #930-73 RESOLVED, that having considered a communication from the Divi- sion of Engineering dated October 5, 1973, approved by the Director of Public Wo.cks and approved for submission by the Mayor, wherein it is recommended that the dedicated 60 foot right-of-way in the Northeast 1/4 of Section 27 be named "Pamco Drive", the Council does hereby concur in and approve of the aforesaid recommendation of the Division of Engineering and does hereby name the said roadway "Pamco Drive", and directs the Department of Public Works to take all necessary action to effectuate this resolution; further, the Council does hereby request the City Clerk to forward a certified copy of the same to the Michigan Auditor General and to further have a certified copy of this resolution recorded in the Office of the Wayne County Register of Deeds, together with his certificate indicating the name or names of any plat, subdivision or addition affected by this resolution, as well as 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: Milligan, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #931-73 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. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 2 (FINANCIAL ORDINANCE) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Bennett, seconded by Councilman Ventura, it was #932-73 RESOLVED, that having considered a communication from the Judges of the 16th Judicial District Court dated October 30, 1973, the Council Imodoes hereby transfer the sum of $6,000.00 from Account No. 141-817 (Consultant Fee) to the following Accounts in the following amounts: Account No. 141-757 Court Recorder Supplies $ 100.00 Account No. 141-945 Maintenance 900.00 Account No. 141-958 Dues and Subscriptions 1,500.00 Account No. 141-970 Capital Outlay 3,500.00 $ 6,900.00. 14087 A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, Ventura, Brown, Bennett, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Brown, it was #933-73 RESOLVED, that having considered a communication from the Director of Public Works dated November 2, 1973, approved by the Budget Director and approved for submission by the Mayor, with regard to renova- tion work within the Engineering-Planning Building, the Council does hereby authorize the transfer of the following funds in the manner indicat- ed: $755.00 from Account No. 441-702 (Engineering Division Salaries) to a Building Renovation Account to be established; and $900.00 from Account No. 441-702 (Engineering Division Salaries) to Account No. 445-970 (Capital Outlay). A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Ventura, Brown, Bennett, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was #934-73 RESOLVED, that having considered a communication from the Division of Engineering dated October 31, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the instal- lation of miscellaneous sidewalks in the Denmar Estates Subdivision in conjunction with the 1973 Miscellaneous Sidewalk Program, as authorized by Council resolution No. 183-73 adopted on March 7, 1973, the Council does hereby authorize the payment of a sum not to exceed $750.00 to the John E. Franklin Cement Company, 563 Englewood, Detroit, Michigan, based upon the certification of the City Engineer of final completed quantities in accord ance with a proposal dated October 31, 1973 as attached to the aforesaid communication; and the City Clerk and 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: Milligan, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #935-73 RESOLVED, that having considered a communication from the City Planning Commission dated November 5, 1973 which transmits its resolution Iwo No. 10-268-73 adopted by the Commission on October 30, 1973 with regard to Petition No. 73-10-8-43 submitted by S.T.P. Investment, Inc., requesting, approval of all plans required by Section 18.47 in connection with a proposal to externally alter the existing Roman Chariot Restaurant located 14088 on the north side of Five Mile Road between Mayfield and Loveland in the Southwest 1/4 of Section 15, the Council does hereby, pursuant to provi- sions set forth in Section 18.47 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 73-10-8-43 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission, except, however, that with respect to condition No. 3, the roof sign shall be permitted to continue in use until such time as the subject remodeling is complete and at which time such sign shall be immediately removed. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #936-73 RESOLVED, that having considered the report and recommendation dated November 8, 1973 from the Engineering Division, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 8 of Council Resolution No. 800-72, adopted on August 30, 1972, so as to further reduce the financial assur- ances now on deposit with the City for general improvements in Bobrich Court Subdivision, Southeast 1/4 of Section 11, to $3,100.00 of which at least $1,000.00 shall be in cash, to cover the cost of remaining improve- ments in said subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly, further, the financial assurance now on deposit with the City for Sidewalk Improvements shall remain the same and unchanged; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Bennett, Brown, Ventura, Raymond, and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, this 772nd regular meeting of the Council of the City of Livonia was duly adjourned at 11:15 P. M., November 14, 1973. • ADDISON W. :tor , C• , City Cler .