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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-05-16 13704 MINUTES OF THE SEVEN HUNDRED SIXTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 16, 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 8:05 P. M.. Councilman Raymond delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry Raymond, Edward G. Milligan, Robert E. McCann, Jerry Brown and Robert D. Bennett. Absent--Peter A. Ventura (Excused) Elected and appointed officials present Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Carl J. Wagenschutz, City Treasurer, Rudolf R. Kleinert, Director of Public Safety-Fire; Robert Turner, Police Chief; Daniel Gilmartin, Industrial Coordinator; Ronald Mardiros, City Assessor; William Joyner, Adm, Assistant. to the Mayor; John T. Dufour, Superintendent of Parks and Recreation; John Nagy, City Planner; G. E. Siemert, City Engineer; Stanley Bien, Chief Librarian; Frank Kerby, Chief Building Inspector; Jack Dodge, Budget Director; Robert Biga, Personnel Analyst; Joseph R. Talbot, Planning Commission; and Conrad Gniwek of the Library Commission. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #368-73 RESOLVED, that the minutes of the 759th regular meeting of the Council of the City of Livonia, held May 2, 1973, are hereby approved. The following preamble and resolution were offered by Councilman Raymond and supported by Councilman Milligan: 13705 #369-73 WHEREAS, special assessment rolls, as hereinafter more fully described, for the construction of street, water and sidewalk improvements in the City of Livonia have been prepared, reviewed and confirmed, and WHEREAS, the Cu.ty Council deems it necessary to borrow the sum of One Million Two Hundred Ninety-Five Thousand ($1,295,000.00) Dollars in anticipation of the collection of a like amount of installments of said special assessments on said rolls, NOW, THEREFORE, BE IT RESOLVED THAT. 1 The estimated period of usefulness of .aid improvements is not less than twenty (20) years. 2. Special assessment bonds be issued in the amount of $1,295,000 00 in anticipation of the collection of a like amount of deferred installments of special assessments on the special assessment rolls hereinafter described, said bonds to be divided among the several special assessment districts as follows Street Improvements Special Assessment District No 64 $ 56,653.26 Special Assessment District No. 66 27,090.14 Special Assessment District No. 67 32,465.11 Special Assessment District No. 73 90,077 18 Special Assessment District No. 76 2,250.00 Special Assessment District No. 78 61,889.83 Special Assessment District No. 79 12,581.25 Special Assessment District No 81 2,291.10 Special Assessment District No. 82 16,958 30 Special Assessment District No. 90 25,424.00 Special Assessment District No 92 26,272.86 Special Assessment District No. 97 40,894.87 Special Assessment District No. 106 7,783.68 Special Assessment District No 107 17,083 09 Special Assessment District No. 109 47,702 07 Special Assessment District No. 110 226,322 04 Special Assessment District No. 111 322,094 78 Special Assessment District No. 112 56,400 00 Special Assessment District No. 113 75,848 00 Special Assessment District No. 114 30,057.22 Sidewalk Improvements Special Assessment District No. 68 $ 11,738 88 Special Assessment District No. 69 13,884.27 Special Assessment District No 70 2,285.28 Special Assessment District No. 72 7,336.39 Special Assessment District No. 74 6,103.23 Special Assessment District No. 84 17,604.67 Special Assessment District No. 85 4,278.76 Special Assessment District No 100 33,087.44 Special Assessment District No. 102 7,649.80 Special Assessment District No. 103 3,705 00 Special Assessment District No. 104 832.00 13706 Water Improvements Special Assessment District No. 65 $ 8,355 50 In addition to the special assessments as afiresaid pledged as primary security, the full faith, credit and resources of the City of Livonia shall be pledged as secondary security for the prompt payment of the principal and interest on said bonds as the same shall become due. Said bonds shall be designated 1973 SPECIAL ASSESSMENT BONDS, shall be registrable as to principal only and shall consist of two hundred fifty-nine (259) bonds of the denomination of $5,000 00 each, numbered consecutively in direct order of maturity from 1 upwards, dated July 1, 1973, and payable serially as follows. $165,000 00 April 1, 1974, $190,000 00 April 1, 1975, $170,000.00 April 1, 1976, $150,000 00 April 1, 1977, $140,000.00 April 1st of each of the years 1978 and 1979; $120,000.00 April 1, 1980, $ 90,000 00 April 1, 1981, $ 85,000 00 April 1, 1982, $ 45,000.00 April 1, 1983, Said bonds shall bear interest at a rate or rates not exceeding five and eighty-five hundredths per cent (5.85%) per annum, payable on October 1, 1973, and semi-annually thereafter on the first day of April and October of each year Both principal and interest shall be payable at banks or trust companies qualified to act as paying agent, to be designated by the purchaser of the bonds with the approval of the City Clerk. Bonds of this issue shall not be subject to prior redemption. Interest on the bonds for the period from July 1, 1973 to and including December 1, 1973 shall be capitalized and paid from the proceeds of the bonds. 3. Said bonds shall be signed in the name of the City by the Mayor and countersigned by the City Treasurer and City Clerk and shall bear the City seal, and the interest coupons annexed thereto shall bear the facsimile signatures of the Mayor and City Treasurer; and said bonds, when executed, shall be delivered to the City Treasurer and be delivered by him to the purchaser thereof upon payment of the purchase price therefor in accordance with the bid therefor when accepted There shall be established and maintained a fund, to be designated 1973 SPECIAL ASSESSMENT BOND DEBT RETIREMENT FUND, into which fund there shall be placed from the proceeds of sale of the bonds, including accrued interest and premium, if any, a sum equal to the interest on the bonds for the period from July 1, 1973 to December 1, 1973. In addition, there shall be paid into said fund that part of the collection of principal and interest on the special assessment rolls in anticipation of the col- lection of which the bonds authorized by the provisions of this resolution have been issued Provided, however, that the amount to be paid by each special assessment district shall not exceed the amount of the bonds allocated to such district by this resolution and interest thereon If at any time said fund is insufficient to pay the principal of and interest on 13707 said bonds as the same become due, the City shall advance from its general fund a sufficient amount to pay said principal and interest, or, if necessary, levy taxes without limitation as to rate or amount on all taxable property in the City for such purpose. Said debt retirement moneys shall be accountcd for separately fr)m other funds of the City, in accordance with the provisions of Act No. 202, Public Acts of Michigan, 1943, as amended. 5. Said bonds and the attached coupons shall be in substantially the following form UNITED STATES OF AMERJ:CA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA 1973 SPECIAL ASSESSMENT BOND No. $5,000 00 KNOW ALL MEN BY THESE PRESENTS that the CITY OF LIVONIA, County of Wayne, State of Michigan, acknowledges itself indebted and, for value received, hereby promises to pay to the bearer hereof, or if registered, to the registered owner, the sum of FIVE THOUSAND DOLLARS lawful money of the United States of America, on the first day of April, A D , 19 , with interest thereon from the date hereof, until paid at the rate of per cent ( %) per annum, payable on October 1, 1973, and semi-annually thereafter on the first day of April and October of each year, upon presentation and surrender of the proper interest coupons hereto annexed, as they severally become due. Both principal of and interest on this bond are hereby made payable at , and for the prompt payment of this bond, both principal and interest, the full faith, credit and resources of the City of Livonia are hereby irrevocably pledged. This bond is one of a series of two hundred fifty-nine (259) bonds of even date and like tenor, except as to rate of interest and date of maturity, aggregating the principal sum of $1,295,000 00, issued in anticipation of collections on various special assessment rolls for the purpose of defraying part of the cost of street, water and sidewalk improve- ments in said City, and is issued in accordance with the City Charter and a resolution duly adopted by the City Council of the City of Livonia This bond may be registered as to principal only on the books of the City kept by the paying agent in the name of the holder and such registration noted on the back hereof by the paying agent, after which no transfer shall be valid unless made on the books and noted on the back hereof in like manner, but transferability by delivery may be restored by registration to bearer Such registration shall not affect the negotiabil- ity of the interest coupons. 13708 Bonds of this issue are not subject to prior redemption. This bond is payable from the proceeds of collection of special assessments on the lands on said special assessment rolls, or in case of insufficiency of the sp,cial assesammt ftr-ds, from the gencral funds of the City of Livonia. The liability of each special assessment district is limited in the manner provided in the bond-authorizing resolution. It is hereby certified and recited that all acts, conditions and things required by law precedent to and in the issuance of this bond and the series of bonds of which this is one, exist and have been done and performed in regular and due form and time as required by law, and that the total indebtedness of said. City of Livonia including this bond, does not exceed any constitutional, charer or statutory limitation IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan, by its City Council, has caused this bond to be signed in the name of said. City by its Mayor and to be countersigned by its City Treasurer and City Clerk and its corporlte seal to be hereunto affixed, and has caused the annexed interest coupons to be signed by the facsimile signatures of said Mayor and City Treasurer, all as of the first day of July, A D. , 1973. CITY OF LIVONIA By Mayor (Seal) Countersigned. City Treasurer City Clerk (Form of Coupon) No. On the first day of , A.D , 19 , the CITY OF LIVONIA, County of Wayne, State of Michigan, will pay to the bearer hereof the sum shown hereon, lawful money of the United States of America, at , being the interest due that date on its 1973 Special Assessment Bond, dated July 1, 1973, No. Mayor City Treasurer 13709 REGISTRATION NOTHING TO BE WRITTEN HEREON EXCEPT BY THE PAYING AGENT Date of Registration : Name ( f Regitered Owner : Registrar • • 6. The City Clerk shall make application to the Municipal Finance Commission for an order granting permission for the issuance of said bonds and approval of the form of notice of sale, and upon receipt of such approval, the City Clerk shall cause notice of sale of said bonds to be published in The Bond Buyer, New York, New York, and in the Livonia Observer, Livonia, Michigan, a newspaper circulated in the City of Livonia, at least seven (7) full days before the date fixed for sale of the bonds. 7. The notice of sale shall be in substantially the following form OFFICIAL NOTICE OF SALE 31,295,000.00 CITY OF LIVONIA County of Wayne, State of Michigan 1973 Special Assessment Bonds SEALED BIDS for the purchase of the above bonds will be received by the undersigned at the City Hall located at 33001 Five Mile Road, Livonia, Michigan 48154, on , the day of 19 , until o'clock Eastern Time, at which time and place said bids will be publicly opened and read BOND DETAILS: Said bonds will be coupon bonds, registrable as to principal only of the denomination of $5,000 00 each, dated July 1, 1973, numbered in direct order of maturity from 1 upwards and will bear interest from their date payable on October 1, 1973, and semi-annually thereafter. Said bonds will mature on the 1st day of April, as follows: $165,000.00 April 1, 1974; 5190,000.00 April 1, 1975; S170,000.00 April 1, 1976, $150,000.00 April 1, 1977, S140,000.00 April 1st of each of the years 1978 and 1979; $120,000.00 April 1, 1980; S 90,000 00 April 1, 1981, $ 85,000.00 April 1, 1982; $ 45,000.00 April 1, 1983. Bonds of this issue will not be subject to prior redemption. 13710 INTEREST RATE AND BIDDING DETAILS The bonds shall bear interest at a rate or rates not exceeding 5.85d7, per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 or 1/20 of 1%, or both. The interest on any one bond shall be at one rate only, all bonds maturing in any one year must carry the same interest rate and each coupon period shall be represented by one interest coupon None of said bonds shall bear interest at a rate of interest less than 50% of the rate borne by any other bond. No proposal for the purchase of less than all of the bonds or at a price less than 100% of their par value will be considered. PAYING AGENT. Both principal and interest shall be pay&'le at a bank or trust company located in Michigan qualified to act as paying agent under State or United States law, to be designated by the original purchaser of the bonds, who may also designate a co-paying agent, which may be located outside of Michigan, qualified to act as paying agent under the law of the State in which located or of the United States, both of which shall be subject to approval of the undersigned PURPOSE AND SECURITY. The bonds are issued in anticipation of the collection of special assessments for street, water and sidewalk improve- ments in certain special assessment districts in said City, as set forth in the bond authorizing resolution. The special assessments and interest thereon are sufficient to pay the principal and interest on the bonds as when due. The liability of each special assessment district is limited as set forth in the bond authorizing resolution The bonds will pledge the full faith and credit of the City as additional security for payment of the principal and interest thereon. GOOD FAITH: A certified or cashier's check in the amount of $25,900 00, drawn upon an incorporated bank or trust company and payable to the order of the Treasurer of the City must accompany each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the bonds No interest shall be allowed on the good faith checks and checks of the unsuccessful bidders will be promptly returned to each bidder's representative or by registered mail. The good faith check of the successful bidder will be immediately cashed and payment for the balance of the purchase price of the bonds shall be made at the closing. AWARD OF BONDS: The bonds will be awarded to the bidder whose bid pro- duces the lowest interest cost computed by determining, at the rate or rates specified in the bid, the total dollar value of all interest on the bonds from , 19 , to their maturity and deducting therefrom any premium. LEGAL OPINION Bids shall be conditioned upon the unqualified approving opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, a copy of which opinion will be printed on the reverse side of each bond, and the original of which will be furnished without expense to the purchaser of the bonds at the delivery thereof DELIVERY OF BONDS The City will furnish bonds ready for execution at its expense Bonds will be delivered without expense to the purchaser at New York, New York, Chicago, Illinois or Detroit, Michigan The usual closing documents, including a certificate that no litigation is pending affecting the issuance of the bonds, will be delivered at the time of the 13711 delivery of the bonds. If the bonds are not tendered for delivery by twelve o'clock noon, Eastern Time, on the 45th day following the date of sale, or the first business day thereafter if said 45th day is not a business day, the successful bidder may on that day, or any time thereafter until delivery )f the bonds, withdraw his proposal by serving notice of cancellation, in writing, on the undersigned in which event the City shall promptly return the good faith deposit. Payment for the bonds shall be made in Federal Reserve Funds. Accrued interest to the date of delivery of the bonds will be paid by the purchaser at the time of delivery THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS. ENVELOPES containing the bids shouted be plainly marked "Proposal for Special assessment Bonds." City Clerk APPROVED STATE OF MICHIGAN MUNICIPAL FINANCE COMMISSION 8 Notwithstanding any other provision of this resolution, or any other statute, resolution, ordinance, document, instrument or action relating to the issuance of bonds herein authorized, the City hereby covenants to the purchaser of the bonds authorized by this resolution and to the holders of said bonds from time to time that the City will make no use of the proceeds of the bonds, which, if such use had been reasonably expected on the date of issue of such bonds, would have caused such bonds to be "arbitrage bonds" as defined in Section 103(d) of the Internal Revenue Code of 1954, as amended, and the regulations from time to time prescribed in connection therewith, and the City hereby covenants that it will comply throughout the term of the bonds with the requirements of Section 103(d) of the Internal Revenue Code of 1954, as amended, and the regulations prescribed by the Secretary of the Treasury or his delegate as now existing or hereafter amended, revised or supplemented relating to arbitrage bonds 9. All resolutions and parts of resolutions insofar as they conflict 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 Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS. None. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was 13712 L #370-73 RESOLVED, that having considered a communication from the Mayor, dated May 14, 1973, which submits a Planned Use Report and proposed schedule of appropriations for the Federal Revenue Sharing Entitlement period June 1, 1973 t)-rough June 30, 1973, the Council does hereby deter- mine to refer this matter to the Cap._tal Improvement Committe for its report and recommendation. By Councilman Raymond, seconded by Councilman McCann, it wa.s RESOLVED, that having considered the recommendation from the Mayor, dated May 15, 1973, the Council does hereby authorize the Mayor to employ Mr. Frank Vecchio for the forthcoming negotiations with unions representing the employees of the City of Livonia at the rate of $45.00 per hour, which shall ir__lude all expenses. By Councilman Bennatt, seconded by Councilman Milligan, it was #371-73 RESOLVED, that having considered the recommendation from the Mayor, dated May 15, 1973, the Council does hereby refer the matter of employing Mr. Frank Vecchio in the forthcoming negotiations with unions representing the employees of the City of Livonia at the rate of $45.00 per hour, which shall include all expenses, to a meeting of the Committee of the Whole to be conducted on June 6, 1973 at 7:00 P. M. L. A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Bennett and Brown. NAYS: Raymond and Nash. The President declared the resolution adopted. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 9.03 (a)(1) OF ARTICLE IX AND ADDING PARAGRAPH (e) TO SECTION 10.03 OF ARTICLE X OF THE CITY OF LIVONIA ZONING ORDINANCE, AS AMENDED. RE: PETITION NO. 72-4-6-9 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown 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 AMENDING SECTION 8-245 OF CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 13713 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Bennett, seconded by Councilman Raymond, it aas #372-73 RESOLVED, that having considered a communication dated January 24, 1972 from the City Planning Commission which transmits its resolution No. 1-9-72, adopted by the Commission on January 11, 1972, with regard to a request dated Feb-'uary 23, 1973 from David A. Perry, Attorney, requesting an extension of the approval of Petition No. 70-11-2-22 by Gregory Saragosa for waiver use approval to erect and operate a restaurant with a Class C Liquor License on property located on the south side of Plymouth Road between Levan and Ann Arbor Roads in Section 32, the Council does hereby concur in the recommendation made by the City Planning Commission to grant an extension for a period not to exceed six months from the effective date of this resolution, such action to be based upon the same condition as is set forth in the aforesaid recommendation of the Plan- t. ning Commission. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman McCann, it was RESOLVED, that the Council having in its resolution No. 347-73 approved Petition No. 73-2-2-5 submitted by Wickes Corporation requesting waiver use approval to construct and operate a retail furniture and showroom on property zoned C-2, located on the south side of Seven Mile Road between Middlebelt Road and Melvin in the Northeast 1/4 of Section 11, the Council does hereby determine to approve the revised Site Plan No. 3404-B, the revised Building Architectural Elevation Plan No. SK-1 and the revised Landscape Plan prepared by James A. McClane. By Councilman Raymond, seconded by Councilman Brown, and unanimously adopted, it was #373-73 RESOLVED, that the Council having in its resolution No.347-73 approved Petition No. 73-2-2-5 submitted by Wickes Corporation requesting waiver use approval to construct and operate a retail furniture and showroom on property zoned C-2, located on the south side of Seven Mile 13714 Road between Middlebelt Road and Melvin in the Northeast 1/4 of Section 11, the Council does hereby determine to refer to its Committee of the Whole for further study on June 6, 1973 at 8:00 P. M., the matter of the Revised Site Plan, the revised Building Architectural Elevation Plan and the revised Landscape Plan. By Councilman Raymond, seconded by Councilman Brown, it was #374-73 RESOLVED, that having considered a communication from the City Treasurer dated April 17, 1973, which also be,.rs the signature of the Budget Director, the Council does hereby accept the bid of Diebold, Inc., Company, 23207 Lahser Road, Southfield, Michigan 48075, for supplying and installing a Night Depository, No. 10375 Depository with Alumination and No, 12934 Rec. Safe with chuting, fo' a total price of $2,377.00, the same having been in fact the lowest and only bid meeting specifica- tions. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was #375-73 WHEREAS, the "People-to-People Program" was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of direct personal contact, and WHEREAS, all succeeding U.S. Presidents have endorsed said program, to be conducted for the broad purposes of the exchange of ideas and people between the citizens of the United States of America and the peoples of other nations; and WHEREAS, to implement this program Livonia and other communities in the United States have been requested by the Town Affiliation Association of the U. S., Inc. to affiliate with cities in other nations of similar characteristics and mutual interest, and WHEREAS, the City of Livonia, through its Council, does recognize and endorse this program with the hope that it will lead to a lasting friendship between the people of Livonia and Melk, Austria, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVONIA, AS FOLLOWS: That this Council on behalf of the People of Livonia does hereby extend an invitation to the government and the people of the City of Melk, Austria, to participate with Livonia as its sister-city for the purpose of creating greater mutual under- standing between the peoples of our two great cities and nations. 13715 The Mayor is hereby authorized to act as official representative of Livonia to carry out this program. That copies of this Resolution are to be sent to the Mayor and Council of the City of Melk, Austria, the Tow_i Affiliation Association of the U.S., Inc., and the Embassy of Austria. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #376-73 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated April 10, 1973, which also bears the signatures of the Director of Public Works and the Budget Director, approved for submission by the Mayor, the Council does hereby accept the following bids for supplying the City with Motor and Hydraulic Oil for a period of one year commencing from the effective date of this resolution: 1. The bid of GC4f Oil Corporation, 40550 Grand River, Novi, Michigan 48050, for 20 weight Motor Oil at 65¢ per gallon and for 10-W-40 Motor Oil at 85¢ per gallon. 2. The bid of Tri-Penn Oil Corporation, 13777 Plymouth Road, Detroit, Michigan 48227, for 10-W or 30-W Motor Oil at 71¢ per gallon and for Hydraulic Oil at 510 per gallon, the same having been in fact the lowest bids meeting specifications for these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #377-73 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated April 11, 1973, which also bears the signatures of the Director of Public Works and the Budget Director, and approved for submission by the Mayor, with respect to bids received for bituminous materials for the period July 1, 1973 through June 30, 1974, the Council does hereby accept the following bids for the following items: 13716 I. Asphaltic Cold Patch Materials . The low bid of Nagle Paving Company, 18411 West 12 Mile Road, Lathrup Village, Michigan 48076, for Kling Cold Patch at $13.00 per ton delivered to our yard, and $10.00 per ton F.O.B. their plant, and The low bid of Detroit Asphalt Paving Company, 24865 Five Mile Road, Detroit, Michigan 48239, for Rode-Rite delivered to our yard at $11.30 per ton, and $10.25 per ton F.O.B. tnJ r plant. II. Hot Asphaltic Concrete: The low bid of Nagle Paving Company, 18411 West 12 Mile Road, Lathrup Village, Michigan 48076, for 31A Natural Aggregate, 4.12 Mix at $8.25 per ton; for 25A Natural Aggregate, 4.12 Mix at $8.25 per ton, and for 411 Mix, Base or Topping at $7.00 per ton, all F.O.B. their plant, the same having been in fact the lowest bids meeting specification for these items. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #378-73 RESOLVED, that having considered the report and recommendation of the Supertindent of Operations dated April 12, 1973, which also bears the signatures of the Director of Public Works and the Budget Director, and approved for submission by the Mayor, with regard to bids received for aggregates, road gravel, slag and stone for the period from June 1, 1973 through May 31, 1974, the Council does hereby determine to accept the following bids for supplying the City with the following items: I. AGGREGATES, delivered to yard The low bid of Hayes Washed Sand & Gravel Co., 15205 Middlebelt Road, Livonia, Michigan 48154, for. 25A Stone at $4.06 per ton 1 1/4" (9A) Stone at $4.06 per ton 31A Stone at $4.41 per ton 348 Stone at $3.22 per ton Grade B Backfill at $1.92 per ton The low bid of J. J.Zayti Trucking, Inc., 47500 W. Eight Mile Road, Northville, Michigan 48167, for: 13717 Natural Sand at $1.80 per ton Masonry Sand at $2.16 per ton The low bid of Haybail Trucking, Inc., 34302 Munger Drive, Livonia, Michigan 48154, for. Grade A Backfill at $1.37 per ton II. SLAG AGGREGATES, B. F., Delivered The low bid of Edw. C. Levy Company, 8800 D%x Avenue, Detroit, Michigan 48209, for: 25A Slag at $4.68 per ton 31 A Slag at $4.68 per ton 9 A. Slag at $4.63 per ton 3 A Slag at $4.63 per ton 29 A Slag at $4.68 per ton 21 A Slag at $3.68 per ton III. SLAG AGGREGATES, 0. H. Delivered The low bid of Edw. C. Levy Company, for- 22 X Slag at $2.93 per ton 3 X Slag at $3.13 per ton IV. AGGREGATES, Spread The low bid of Hayes Washed Sand & Gravel, Inc., for: 1 1/4" (9A) Stone at $4.06 per ton 4A Stone at $4.06 per ton V. SLAG AGGREGATES, B. F., Spread The low bid of Edw. C. Levy Company, for: 9A Slag at $4.63 per ton 3A Slag at $4.63 per ton VI. MAINTENANCE GRAVEL The low bid of J. J. Zayti Trucking, Inc., for: 22A Gravel, delivered at $1.80 per ton 22A Gravel, spread at $1.80 per ton 60-40 Gravel, delivered at $2.85 per ton The low bid of Hayes Washed Sand & Gravel, Inc., for* 21A Gravel, delivered at $2.10 per ton 21A Gravel, spread at $2.10 per ton, the same having been in fact the lowest bids meeting specifications for these items. 13718 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #379-73 RESOLVED that having considered the report and recommendation of the Superintendent of Operations dated April 10, 1973, which also bears the signatures of the Director of Public Works and the Budget Director, and approved for submission by the Mayor, the Council does hereby accept the bid of Fendt Transit Mix, 43443 Flint Street, Novi, M!chiga.i 43050, for supplying the City with 6 Bag Mix at $20.85 per cubic yard, 5 Bag Mix at $19.35 per cubic yard and 4 Bag Mix at $18.35 per cubic yard, for the period from June 1, 1973 through May 31, 1974, the same having been in fact the lowest and only bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #380-73 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated April 11, 1973, which also bears the signatures of the Director of Public Works and the Budget Director, and approved for submission by the Mayor, the Council does hereby accept the bid of Steve Nowak Pressed Brick Sales, Inc., 11540 E. Eight Mile Road, Detroit, Michigan 48205, for supplying the City with Hard Burned Cull Brick at $49.50 per thousand for the period from May 1, 1973 through April 30, 1974, the same having been in fact the lowest and only bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #381-73 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated April 11, 1973, which also bears the signatures of the Director of Public Works and the Budget Director, and approved for submission by the Mayor, the Council does hereby accept the bid of Fendt Builders Supply, Inc., 22005 Gill Road, Farmington, Michigan 48024, for supplying the City with Air-Entrained Cement at $6.80 per barrel for the period of one year commencing from the effective date of this resolution, the same having been in fact the lowest and only bid received for this item. L A roll call vote was taken on the foregoing resolution with the following result* AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. 13719 By Councilman Brown, seconded by Councilman Bennett, it was #382-73 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations dated April 17, 1973, which also bears the signatures of the Director of Public Works and the Budget Director, and approved for submission by the Mayor, the Council does hereby accept the bid of General Electric Company, 13365 Michigan Avenue, Dearborn, Michigan 48126, for supplying the Road Maintenance Section of the Operations Divi- sion with two (2) G. E. Portable Radios, Model HN35LAS88 at a unit price of $926.40 and a total price of $1,852.80, the same having been in fact the lowest and only bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was #383-73 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated April 19, 1973, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby determine to reject the bid submitted by Sun Swimming Pool Chemicals, P. 0. Box 2188, 35750 Industrial Road, Livonia, Michigan 48154 for supplying the City with Chlorine since the same does not appear to be competitive; and further, the Council requests that the Parks and Recreation Department take now bids, as indicated, from other firms located in the midwest region. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, Bennett and Brown. NAYS: McCann and Nash. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, it was #381+-73 RESOLVED, that the Council does hereby request that the Department of Law submit a report and recommendation concerning the matter of possible price fixing and/or anti-trust practices with regard to Chlorine bids received by the City for use in its swimming pools. By Councilman McCann, seconded by Councilman Raymond, it was #385-73 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated April 19, 1973, approved by the Budget Director and approved for submission by the Mayor, the Council 13720 does hereby accept the bid of Lewis Pool Maintenance Service, 28302 Joy Road, Livonia, Michigan 48150, in the total amount of $1,900.00 (Unit Price $950.00) for cleaning the Botsford and Clement Circle Pools, the same having been in fact the lowest bid meeting specificatims for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #386-73 RESOLVED, that having considered the report and recommendation of the Chief of Police and the Director of Public Safety-Police dated April 12, 1973, which also bears the signature of the Budget Director, and approved for submission by the Mayor, the Council does hereby accept the bid of General Electric Company, 13365 Michigan Avenue, Dearborn, Michigan, for supplying the City with six (6) Channel Selector Units and Remote Receivers for the price of $14,400.00, the same having been in fact the low bid meeting specifications for this item, and the Council having taken into consideration the other reasons set forth in the afore- said communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #387-73 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated April 12, 1973, which also bears the signature of the Budget Director and is approved for submission by the Mayor with regard to bids received for eight (8) complete siren systems, the Council does hereby determine to reject these bids for the reasons indicated in the aforesaid communication and does further authorize the taking of new bids for this item. A roll call vote was taken on the foregoing resolution with the following result* AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #388-73 RESOLVED, that having considered a communication from the Chief of the Fire Division dated April 19, 1973, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the taking of bids for the purchase of two (2) Elevating Platform Trucks, the estimated cost of which is $140,000.00 each, the same to be financed from the proceeds of the 1968 General Obligation Fire Station Bond Issue. 13721 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #389-73 RESOLVED, that having considered a communication from the City Planning Commission dated April 27, 1973, which transmits its resolution No. 4-102-73, adopted by the Commission on April 24, 1973 w...th regard to Petition No. 73-3-8-6 submitted by Kenneth Hunt requesting use and site plan approval for an addition to an existing hardware store to be located on the south side of Seven Mile Road between Myron and Stamford in the Northeast 1/4 of Section 9, the Council does hereby, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 73-3-8-6 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #390-73 RESOLVED, that having considered a communication from the City Planning Commission dated April 19, 1973, which transmits its resolution No. 4-101-73, adopted by the Commission on April 17, 1973 with regard to Petition No. 73-4-8-13 submitted by Lindhout Associates, Inc., requesting use and site plan approval for a two-story office building to be located on the north side of Five Mile Road between Fairfield and Brookfield in the Southwest 1/4 of Section 15, the Council does hereby, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 73-4-8-13 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was 13722 #391-73 WHEREAS, pursuant to the direction of the City Council in its resolution No. 265-73, adopted on April 4, 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 April 23, 1973 an assessment roll dated April 19, 1973 covering the improvement of Denne Avenue, south of Plymouth Road in Section 35, 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. 265-73, 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 aty 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, July 9, 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 July 9, 1973, and 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 Brown, seconded by Councilman Milligan, it was #392-73 RESOLVED, that having considered the report and recommendation dated April 6, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, concerning side- walk installation at the following locations. S. 1/2 Section 36 - Sidewalk Program A. West Chicago (Middlebelt to Inkster) (1) Bureau of Taxation Parcel D2a1 Sidewalk needed. Approximately 130 lin. ft. (2) Bureau of Taxation Parcel D2b1 Sidewalk needed: Approximately 73 lin. ft. (3) Bureau of Taxation Parcel D2c1 Sidewalk needed: Approximately 125 lin. ft. (4) Bureau of Taxation Parcel D2d1,D2ela Sidewalk needed. Approximately 70 lin. ft. 13723 (5) Bureau of Taxation Parcel D2elb Sidewalk needed: Approximately 80 lin.ft. (6) Bureau of Taxation Parcel D2f1 Sidewalk needed: Approximately 80 lin. ft. (7) Bureau of Taxation Parcel D2gla,D2g2a1 Sidewalk needed: Approximately 107 lin. ft. (8) Bureau of Taxation Parcel I145 thru I149 Sidewalk needed. Approximately 49.5 lin. ft. (9) Bureau of Taxation Parcel I151 Sidewalk needed• Approximately 30 lin. ft. (10) Bureau of Taxation Parcel I135 thru 144 Sidewalk needed: Approximately 154.50 feet (I1) Bureau of Taxation Parcel J2a2 Sidewalk needed: Approximately 80 lin. ft. (12) Bureau of Taxation Parcel M31a, 32a Sidewalk needed• Approximately 116 lin. ft. (13) Bureau of Taxation Parcel M33 Sidewalk needed: Approximately 58 lin. ft. (14) Bureau of Taxation Parcel M34 Sidewalk needed: Approximately 116 lin. ft. (15) Bureau of Taxation Parcel M35 Sidewalk needed• Approximately 90 lin. ft. (16) Bureau of Taxation Parcel M36 Sidewalk needed• Approximately 104 lin. ft. (17) Bureau of Taxation Parcel M37,38a Sidewalk needed: Approximately 78 lin. ft. (18) Bureau of Taxation Parcel M38b, 39 Sidewalk needed: Approximately 78 lin. ft. (19) Bureau of Taxation Parcel M40a1 Sidewalk needed: Approximately 60 lin. ft. (20) Bureau of Taxation Parcel M40a2, 40a3a1 Sidewalk needed: Approximately 144 lin. ft. (21) Bureau of Taxation Parcel 36L2a Sidewalk needed: Approximately 50 lin. ft. (22) Bureau of Taxation Parcel 36L3a Sidewalk needed: Approximately 60 lin. ft. 13724 (23) Bureau of Taxation Parcel 3614a1 Sidewalk needed: Approximately 60 lin. ft. B. Inkster Road (W. Chicago to Joy) (1) Bureau of Taxation Parcel M40a3a2, 40a3b Sidewalk needed: Approximately 364.84 lin. ft. (2) Bureau of Taxation Parcel M40b, 41 Sidewalk needed: Approximately 130 lin. ft. (3) Bureau of Taxation Parcel M42-43 Sidewalk needed: Approximately 150 lin. ft. (4) Bureau of Taxation Parcel M44 Sidewalk needed: Approximately 75 lin. ft. (5) Bureau of Taxation Parcel M45 Sidewalk needed: Approximately 75 lin. ft. (6) Bureau of Taxation Parcel M46 Sidewalk needed: Approximately 75 lin. ft. (7) Bureau of Taxation Parcel M47 Sidewalk needed: Approximately 75 lin. ft. (8) Bureau of Taxation Parcel M48 Sidewalk needed: Approximately 75 lin. ft. (9) Bureau of Taxation Parcel M49a Sidewalk needed Approximately 64 lin. ft. (10) Bureau of Taxation Parcel M49b, 50a1, 50b1 Sidewalk needed: Approximately 83 lin. ft. (11) Bureau of Taxation Parcel M50a2,50b2,51a Sidewalk needed. Approximately 76.80 lin. ft. (12) Bureau of Taxation Parcel M5lb Sidewalk needed: Approximately 100 .Lin. ft. (13) Bureau of Taxation Parcel M52 Sidewalk needed: Approximately 172.58 lin. ft. (14) Bureau of Taxation Parcel M53a Sidewalk needed: Approximately 69.20 lin. ft. (15) Bureau of Taxation Parcel M53b,54 Sidewalk needed: Approximately 60 lin. ft. (16) Bureau of Taxation Parcel M55 Sidewalk needed: Approximately 60 lin. ft. (17) Bureau of Taxation Parcel M56a Sidewalk needed: Approximately 60 lin. ft. 13725 (18) Bureau of Taxation Parcel M57 Sidewalk needed: Approximately 60 lin. ft. (19) Bureau of Taxation Parcel M58a Sidewalk needed: Approximately 60 lin. ft. (20) Bureau of Taxation Parcel M59a Sidewalk needed: Approximately 60 lin. ft. (21) Bureau of Taxation Parcel M60 Sidewalk needed: Approximately 60 lin. ft. (22) Bureau of Taxation Parcel M61 Sidewalk needed: Approximately 60 lin. ft. (23) Bureau of Taxation Parcel M62 Sidewalk needed: Approximately 60 lin. ft. (24) Bureau of Taxation Parcel M63 Sidewalk needed: Approximately 60 lin. ft. (25) Bureau of Taxation Parcel M64 Sidewalk needed: Approximately 60 lin. ft. (26) Bureau of Taxation Parcel M69e Sidewalk needed: Approximately 100 lin. ft. (27) Bureau of Taxation Parcel M69c2b2 -69c2c2 - 69d Sidewalk needed: Approximately 140 lin. ft. (28) Bureau of Taxation Parcel M69c1,69c2b1,69c2c1 Sidewalk needed: Approximately 150 lin. ft. C. Joy Road (Inkster to Middlebelt) (1) Bureau of Taxation Parcel L31g Sidewalk needed: Approximately 60 lin. ft. (2) Bureau of Taxation Parcel L30a7 Sidewalk needed: Approximately 60 lin. ft. (3) Bureau of Taxation Parcel dl Sidewalk needed: Approximately 43 lin. ft. (4) Bureau of Taxation Parcel K Sidewalk needed: Approximately 140.50 lin. ft. (5) Bureau of Taxation Parcel d7la Sidewalk needed: Approximately 50 lin. ft. (6) Bureau of Taxation Parcel d72a Sidewalk needed: Approximately 16 lin. ft. (7) Bureau of Taxation Parcel I195 Sidewalk needed: Approximately 50 lin. ft. 13726 (8) Bureau of Taxation Parcel G4ala Sidewalk needed: Approximately 35 lin. ft. (9) Bureau of Taxation Parcel G3a Sidewalk needed: Approximately 80 lin. ft. (10) Bureau of Taxation Parcel G2a Sidewalk needed• Approximately 82.50 lin. ft. (11) Bureau of Taxation Parcel Gla Sidewalk needed: Approximately 82.50 lin. ft. (12) Bureau of Taxation Parcel Flb Sidewalk needed• Approximately 250 lin. ft. (13) Bureau of Taxation Parcel Fla Sidewalk needed Approximately 150 lin. ft. (14) Bureau of Taxation Parcel cl Sidewalk needed: Approximately 72.17 lin. ft. (15) Bureau of Taxation Parcel c2 Sidewalk needed• Approximately 60 lin. ft. (16) Bureau of Taxation Parcel c3 Sidewalk needed. Approximately 60 lin. ft. (17) Bureau of Taxation Parcel c4a Sidewalk needed: Approximately 100 lin. ft. (18) Bureau of Taxation Parcel c53b Sidewalk needed: Approximately 86.96 ft. (19) Bureau of Taxation Parcel c54 Sidewalk needed: Approximately 383.04 lin. ft. (20) Bureau of Taxation Parcel c55 Sidewalk needed: Approximately 60 lin. ft. (21) Bureau of Taxation Parcel c56 Sidewalk needed. Approximately 60 lin. ft. (22) Bureau of Taxation Parcel c57 Sidewalk needed: Approximately 60 lin. ft. (23) Bureau of Taxation Parcel c58 Sidewalk needed: Approximately 130 lin. ft. (24) Bureau of Taxation Parcel c83 Sidewalk needed: Approximately 100 lin. ft. (25) Bureau of Taxation Parcel c84 Sidewalk needed: Approximately 53 lin. ft. (26) Bureau of Taxation Parcel c85 Sidewalk needed: Approximately 53 lin. ft. 1372' (27) Bureau of Taxation Parcel c86 Sidewalk needed: Approximately 53 lin. ft. (28) Bureau of Taxation Parcel c87-88-89 Sidewalk needed: Approximately 159 lin. ft. D. Middlebelt Road (Joy to W. Chicago) (1)Bureau of Taxation Parcel c90a Sidewalk needed; Approximately 339.83 lin. ft. (2) Bureau of Taxation Parcel c90b-91 Sidewalk needed: Approximately 39.25 lin. ft. (3) Bureau of Taxation Parcel c92 to 96 Sidewalk needed: Approximately 219.22 lin. ft. (4) Bureau of Taxation Parcel c97 Sidewalk needed: Approximately 60 lin. ft. (5) Bureau of Taxation Parcel c101 Sidewalk needed: Approximately 60 lin. ft. (6) Bureau of Taxation Parcel c102 Sidewalk needed: Approximately 60 lin. ft. (7) Bureau of Taxation Parcel c103 Sidewalk needed: Approximately 60 lin. ft. (8) Bureau of Taxation Parcel c104 Sidewalk needed: Approximately 60 lin. ft. (9) Bureau of Taxation Parcel c105 Sidewalk needed: Approximately 167.32 lin. ft. (10) Bureau of Taxation Parcel c106 Sidewalk needed: Approximately 33.32 lin. ft. and for the reasons therein stated, the Council does hereby require the respective owners of lots and premises referred to above, to construct and install sidewalks in front of, adjacent to and abutting such premises, and the City Clerk is hereby requested to do all things neces- sary to carry out the provisions of this resolution, which is made pursuant to the City's Code of Ordinances, as amended, Title 5, Chapter 1, Section 5-137, and further, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work on or before August 1, 1973; further, the Council does hereby authorize the construction of 500 lineal feet of crosswalks at intersections within this area, as well as at the following location which is City-owned and which work shall be performed on the basis of bids taken and received in connection with the paving of the aforesaid crosswalks: Bureau of Taxation Parcel 36d57, 13728 and for this purpose the Council does hereby authorize the expenditure of the sum of $2,000.00 from the 9.8 Million Dollar Street and Road Improvement General Obligation Bond Issue, and further, the Council does hereby request the Livonia Board of Educaticn to arrange for the construction of sidewalks at the following locations, or in the alterna- tive, should the Board have these sidewalks constructed by the City, that the Board of Education agree to reimburse the City for the cost of same: Emerson Jr High School Bureau of Taxation Parcel 36C1e2a,C2a1 Cleveland Elementary School Bureau of Taxation Parcel 361125-164, Jl - J2a3a1, J2a6g. A roll call vote was taken on the foregoing resolution with the following result: AYES. Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, it was #393-73 RESOLVED, that having considered a communication from the City Engineer dated April 16, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to storm drain extension to Six Mile Road at Newburgh Road (proposed Livonia Drain No. 41), the Council does hereby refer this matter to its next Study Session on May 23, 1973 for further consideration. By Councilman Bennett, seconded by Councilman Brown, it was #394-73 WHEREAS, it is necessary to locate, establish, construct and enclose a branch, said branch to be known as Livonia Drain No. 42, within the drainage district of an existing County Drain, known as the Livonia Drain #2, to be located entirely within the limits of the City of Livonia, the location of said extension being as follows: An enclosed extension beginning in Henry Ruff Road approxi- mately 510 feet north of Lyndon Avenue in the North 1/2 of Section 23, proceeding thence northerly in Henry Ruff Road 1500 feet to the intersection of Hoy Road and Henry Ruff Road, thence easterly in Hoy Road 300 feet from said inter- section, proceeding thence also westerly 700 feet and north- erly 300 feet from said intersection. AND WHEREAS, in the opinion of the City Council, the location, establishing, constructing and enclosing of said extension is necessary for the public health of the City of Livonia, and the entire cost thereof should be assessed against the City of Livonia for public health; 13729 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 extension 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, 1965, as amended, provides as follows: "Sec. 486. The terms of this chapter shall be applicable to any county drain located, or prdposed 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". NOW, THEREFOR , BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent, to the making of the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing, constructing and enclosing of the extension set forth in the preamble hereof, and does hereby consent to the location, establishing, constructing and enclosing of the same pursuant to Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed extension set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign, for and on behalf of the City of Livonia, a petition praying for the location, establishing, constructing and enclosing of the same, as set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #395-73 RESOLVED, that having considered a communication from the City Engineer dated April 18, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to proposed Livonia Drain No. 42 located in the North 1/2 of Section 23, the Council does hereby request a report and recommendation from the City Engineer regarding the status and nature of existing landfill on the Spanich property and its possible effect on surface waters of adjoining residential areas. 13730 By Councilman Bennett, seconded by Councilman Brown, it was #396-73 RESOLVED, that having considered a communication from the City Engineer, dated April 24, 1973, approved by the Director of Public Works and approved for submission by the Mayor, wherein it is recommended that certain storm drains and facilities be constructed in accordance with the attached sketch for the purpose of eliminating a long standing drainage problem at the City's D.P.W. site on the west side of Farmington Road south of Schoolcraft, the cost of which is estimated to be in the amount of $61,000, including engineering and contingencies, the Council does hereby determine, in accordance with the aforesaid recommendation,to request the Wayne County Drainage Board (Farmington Relief Drain Extension No. 1) to make available to the City the sum of $61,000 from the construc- tion Surplus Account for the purpose of permitting the City to proceed with the construction of the said Drainage improvement; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Office of the Wayne County Drain Commissioner. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #397-73 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police, dated April 17, 1973, which also bears the signature of the Budget Director and is approved for submission by the Mayor, with regard to the second year funding of the Community Service Officer Program which has been approved by the Office of Law Enforcement Assistance Administration, the Council does hereby determine to approve of the City's participation in the said program and for this purpose does hereby authorize the expenditure of the sum of $3250 from the current City Budget as the City's Cash Match required to meet Federal funding requirements; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #398-73 RESOLVED, that having considered a communication from the Department of Law, dated April 18, 1973, approved for submission by the Mayor, relative to the proposed acquisition of property commonly known as Don's Dairy Supreme, which property is located at 15240 Farmington Road, Livonia, the Council does hereby authorize the Department of Law to employ an expert appraiser for the purpose of determining the fair market value of the aforesaid property, and for this purpose does author- ize an expenditure of a sum not to exceed $350 from Federal Shared Revenue Funds, and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 13731 A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #399-73 RESOLVED, that having considered a communication from the Mayor, dated March 23, 1973, to whi2h is attached a communication from the Chief of Police, dated March 21, 1973, with regard to the need to purchase and install a 40 kw generator at the Livonia Police Headquarters Building, which auxiliary power plant would enable the Police Division to maintain operations during power failures, the Council does hereby refer this matter to the next Study Session to be conducted on May 23, 1973, at which time the Council requests that Joseph St. Cyr, Architect, or his representa- tive, together with the Chief Building Inspector, be present so as to provide information to the Council on the design and operating capacity of the existing generator at the Police Headquarters Building. By Councilman Raymond, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from the Chief Librarian, filed with the City Clerk on April 23, 1973, and approved for submission by the Mayor, which transmits resolution 6-73 adopted by the Library Commission on April 16, 1973, wherein it is requested that the sum of $11,236 refunded to the Livonia Public Library from the Wayne County Federated Library System be deposited in the library budget for 1972-73 in the Books and Periodicals Account 738-957, the Council does hereby appropriate the sum of $11,236 from the Unexpended Fund Balance Account, the same to be transferred to Account No. 738-957, and the City Clerk is hereby requested to do all things necessary to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett and Nash. NAYS: Milligan, McCann and Brown. The President declared the resolution DENIED. At the direction of the Chair, the item on the agenda with respect to a request from the Chief Librarian for funds for Books and Periodicals, was removed, and will be considered at the Study Session to be conducted on May 23, 1973. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was 13732 #400-73 RESOLVED, that having considered a communication from Mr. John Anderson, 1447 Woodland, Inkster, Michigan, received by the City Clerk on April 27, 1973, the Council does hereby determine to waive all License and Permit fees required by City Ordinance in connection with the door-to- door sale of State Blind Products, Inc. by Mr. Anderson during the Year 1973; and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. 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. By Councilman Raymond, seconded by Councilman Bennett, it was #401-73 RESOLVED, that having considered a communication from the Chief Librarian, dated May 2, 1973, approved for submission by the Mayor, which transmits resolution 12-73 adopted by the Livonia Library Commis- sion on April 16, 1973, and to which is attached a communication from the City Engineer, dated April 17, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the proposed parking lot improvement and expansion at the Sandburg Branch Library, wherein it is recommended that (1) edge drains be installed within the existing parking lot and connected to the two existing catch basins, (2) storm drainage including edge drains be installed for the proposed additional parking area, (3) a 6-inch asphalt base be placed in the additional parking area and new driveway, and (4) a 2-inch asphalt surface course be placed over all existing and additional parking areas and driveways in the manner as shown on the attached proposed site plan, the estimated cost of which is $26,700, the Council does hereby determine to approve of the same and requests that the Engineering Division finalize plans and specifications for the said improvement, such work to be added as an additional item to the 1972 Miscellaneous Residential Street Paving Contract, and for this purpose the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $26,700 from Federal Shared Revenue Funds, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The communications from the City Attorney and the Industrial Coordinator, with regard to the acquisition of property on Stark Road in Section 28, (CR158-73), was received and filed for the information of the Council. 13733 The communication from the Department of Law, with respect to the acquisition of parksite in Section 2 (Connor), was received and filed for the information of the Council. By Councilman Bennett, seconded by Councilman Brown, it was #402-73 WHEREAS, the City of Livonia is in need of park and open space in an area within its boundaries on the north side of Seven Mile Road between Newburgh Road on the west and Farmington Road on the east, and WHEREAS, pursuant to the provisions of Act 285 of the Public Acts of Michigan of 1931, as amended, the City Planning Commission of the City of Livonia having duly held public hearings and subsequently having adopted on November 15,1966 a Master School and Park Plan, Part V, Master Plan of the City of Livonia, which Master School and Park Plan designates the real property hereinafter described for parks and recrea- tional use; and WHEREAS, the City Planning Commission of the City of Livonia and the Parks and Recreation Commission have recommended that this property be acquired for parks and recreational use, and WHEREAS, the Department of Natural Resources of the State of Michigan has approved the acquisition of the subject property for a parks and recreation use and for this purpose has allocated a fifty percent (50%) grant-in-aid from the Federal Land and Water Conservation Fund for cost sharing; NOW, THEREFORE, BE IT RESOLVED, that this City Council for the City of Livonia, Wayne County, Michigan, a Michigan municipal corporation, hereby declares that the acquisition of property described as follows: Land in the City of Livonia, County of Wayne and State of Michigan, described as follows: The East 1/2 of the West 1/2 of the Southeast 1/4 and the West 1/2 of the East 1/2 of the Southeast 1/4 of Section 5, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, is necessary for a public improvement for the use and benefit of the public for the purpose of its incorporation and for a public purpose within the scope of its powers, and the City Council for the City of Livonia does hereby declare that it deems it necessary to take the above described private property upon compensation tobe paid therefor for such public improvement; BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and conduct the necessary proceedings on behalf of the City of Livonia in the Circuit Court for the County of Wayne, State of Michigan (that being the County where the private property sought to be taken is located), to carry out the objects of this resolution and to acquire by condemnation for the City 13734 of Livonia the private property hereinabove described for a park and recreational use, as provided in the Master School and Park Plan of the Master Plan for the City of Livonia, as hereinbefore set forth, as a necessary and authorized public improvement, and that said proceedings be brought in accordance with the statutes of the State of Michigan provided therefor, and more particularly Act 149 of the Public Acts of 1911, as amended, (being Section 8.11, et seq. MSA, as amended, 213.21, et seq. MCLA, as amended, and Compiled Laws of 1948, as amended), BE IT FURTHER RESOLVED, that the foregoing acquisition shall be financed fifty percent (50%) from funds available in the 4.4 Million Dollar Parks and Recreation General Obligation Bond Issue and fifty per- cent (50%o) by a grant-in-aid from the Federal Land and Water Conservation Fund as approved for coat sharing by the Department of Natural Resources, State of Michigan, provided, however, that this action shall not be construed as approving the actual expenditure of funds without specific authorization therefor by this Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was ##403-73 RESOLVED, that having considered the matter of providing an increase in annual salary in lieu of monthly expense allowance for the positions of Deputy City Clerk, Director of Administrative Services and Court Administrator, the Council does hereby determine to refer this matter to the Finance and Insurance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, Bennett, Brown and Nash. NAYS: McCann. The President declared the resolution adopted. The communication, dated April 28, 1973 from the Livonia G.O.P. Women with respect to the treatment of Minor Children in clinics, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication from Mrs. Virginia J. Kozma, 31680 Vargo Avenue, dated April 11, 1973, wherein Mrs. Kozma suggests renaming the Rotary Community Park located in Section 10, the Council does hereby refer this matter to the Parks and Recreation Commission for its report and recommendation. 13 3) A roil call vote was taken on the foregoing resolution with the following result: ACES: Milligan, Bennett and Brown. NAYS: Raymond, McCann and Nash. The President declared the resolution DENIED. The communication from Mrs. Kozma, 31680 Vargo, dated April 11, 1973 with respect to renaming the Rotary Community Park in Section 10, was received and filed fcr the information of the Council. The communication from the Department of Law, dated April 19, 1973, with respect to Civil Action No. 73--227162-CZ (American Oil Company vs City of Livonia, et al), was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Raymond, it was #x;04-73 RESOLVED, that having considered a communication from the City Engineer, dated April 30, 1973, approved by the Director of Public Works L, and approved for submission by the Mayor, with regard to water draining on property located at 31668 Bennett Avenue from the City-owned park site in Sevtion 10 (Rotary Community Park) and wherein it is recommended that a storm sewer extension to an existing storm drain (Livonia Drain Extension No. 13) be constructed in this area which woudl involve approximately 300 feet of 15" storm sewer, one manhold and one catch basin, the estimated cost of which is $6,800, the Council does hereby request that the Office of the Wayne County Drain Commissioner make available to the City the aforesaid sum of $6,800 from Surplus Construc- tion Funds which are available in Livonia Drain No. 13 Extension Account in order to permit the City to complete this work, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Office of the Wayne County Drain Commissioner. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #4+05-73 RESOLVED, that having considered a request from Mr. John T. Dufour, member of Livonia "Spree 23" Committee, dated April 10, 1973, approved for submission by the Mayor, with respect to a fireworks display at Veteran's Memorial Park on Sunday, July 1, 1973, at 10:00 P. M. as a finale to a four day celebration commemorating the 23rd anniversary of the City of Livonia, the Council does hereby grant permission to the said Livonia "Spree 23" Committee and the Parks Division of the Department of 13736 'Parks and Recreation to transport and fire Aerial Fireworks on the afore- said date and at said location; provided, however, that this fireworks display shall be subject to observation by the Livonia J'ire Department and shall be conducted in an area approved by them; further, that the permissicn herein granted is conditioned upon full ccmpliance and adherence to the provisions set forth in Act 358 of P.A. of 1968; further, that an endorsement shall be added to the City's General Liability Policy adding as named insured Livonia "Spree 23" Committee and Livonia Anniversary Committee, Inc. ; a duplicate copy of the original of such endorsement shnIll ba approved as to form by the City Attorney and filed with the City Clerk, and the City Clerk and the City Treasurer are hereby requested to do all Lhings necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. At the direction of the Chair, the item on the agenda with respect to establishing classification and pay rate for Youth Service Coordinator and Youth Service Aide, was removed, and will be considered at the Study Session to be conduct- ed on May 23, 1973. By Councilman Bennett, seconded by Councilman Milligan, it was 4406-73 RESOLVED, that having considered a communication from Mr. and I'rs. Henry Harris, 19425 Hardy, Livonia, Michigan, dated May 8, 1973, wherein permission is requested to locate on a temporary basis a 12 x 50 foot mobile home on City-owned property located immediately adjacent tc the aforesaid address so as to enable Mr. and Mrs. Harris the opportunity of reconstructing their home which was damaged on May 4, 1973 as a result cif a fire, the Council does hereby grant permission to Mr. and Mrs. Harris to locate the aforesaid mobile home on the said City-owned Park Site in Section 3 in an area and in the canner approved by the Director of Public Works; further, that this approval shall cease and terminate upon the removal of the aforesaid mobile home or the issuance of a Certificate of Occupancy for 19425 Hardy (whichever occurs sooner) and is subject to revocation by action of the Mayor; further, Mr. and Mrs. Harris are hereby required, as a condition of this approval to provide adequate insurance coverage so as to indemnify the City against any and all claims of any kind whatsoever which may arise as a result of the use of the said City property in the manner herein indicated, such insurance coverage to be in an amount and in a form approved by the City Clerk and the City Attorney. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. r� 1 37 By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was :1407-73 RESOLVED, that the Council having considered a communication dated April 18, 1973 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 wiring 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 consisting of the installation of ornamental street lights with underground wiring in Bobrich Subdivision, Section 11, 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 spec.i.fl- cations 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 install- ments 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 specifica- tions have been properly filed by the City Engineer with the City Clerk under date of April 26, 1973 and that there has been a full conrJ.iance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, July 9, 1973, at 8:00 P. M. as the date and time for a Public Hearing on the NECESSIJ'Y for such proposed improvement, which Public Hearing shall be held befo e 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 McCann, seconded by Councilman Bennett, and unanimously adopted., it was 4408-73 WHEREAS, pursuant to the direction of the City Council in it— resolution No. 236-73, adopted on March 21, 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 April 26, 1973 an assessment roll dated April 24, 1973 covering the proposed installation of ornamental street lighting with underground wiring in Parkview Estates Subdivision located in the N. E. 1/4 of Section 8, City of Livonia, containing the special assess- ments 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. 236-73, 13733 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, July 9, 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 circula- ed generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of July 9, 1973, the City Clerk is also directed to give notice of said hearing by sending written notice ther.e'f by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on most current assessment roll in the City Assessors office. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #409-73 WHEREAS, pursuant to the direction of the City Council in its resolution No. 237-73, adopted on March 21, 1973, and in accordance w:,_th Section 2-514 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared. reported and certified. Gu the Council under date of April 30, 1973 ; an assessment roll dated April 25, 1973 covering the proposed installation of ornamental street lights with underground wiring in Livonia Industrial Park Subdivisions No. 1 and No. 2, and Farmington Plymouth Industrial Complex Subdivision, in Section 27, City of Livonia, containing the special assessments to be assessed and levied, respec- tively, in the proposed special assessment district heretofore establish- ed for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 237-73; 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, July 9, 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; 13739 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 July 9, 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. Py Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was 4410-73 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 (MSA 5.2934) as well as Article XXIII of Ordinance _ o. 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, July 9, 1973,at 8.00 P. M., at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items. 1. Petition No. 73-2-6-3 submitted by the City Planning Commission, initiated by Council Resolution 81-73 to amend Sections 27,04 and 29.04 of Ordinance 543, the Zoning Ordinance of the City of Livonia, so as to provide for designation of minimum and maximum height and story limitations for buildings located in the R-8 and R-9 Zoning Districts, the City Planning Commission in its resolution 3-69-73 having recommended to the City Council that Petition No. 73-2-6-3 be approved, 2. Petition No. 73-3-6-5 submitted by the City Planning Commission to amend Section 2.08, Definitions of Terms relating to Commercial Buildings and Uses, of Ordinance 543, the Zoning Ordinance of the City of Livonia, by adding paragraphs (17) Warehouse, and (18) Storage, to provide for definitions of same, and Section 2.10, Definitions of Miscellaneous Terms, so as to revise the definitions of travel trailer, the City Planning Commission having in its resolution 4-84-73 recommended to the City Council that Petition No. 73-3-6-5 be approved; 3. Petition No. 73-1-6-4 submitted by the City Planning Commission on its own motion to determine whether or not to amend Section 22.04, Permit Fees, of Ordinance 543, the Zoning Ordinance of the City of Livonia, so as to revise the present fees and to establish a zoning compliance permit/ Aledule for the C-3, C-4, P.O., R-8 and R-9 Zoning Districts, the City Planning Commission having in its resolution 4-83-73 recommended to the City Council that Petition No. 73-1-6-4 be approved; 13740 4. Petition No. 73-3-6-7 submitted by the City Planning Commission on its own motion, to determine whether or not to amend Section 18.38, Off-Street Parking, Schedule of Ordinance 543, the Zoning Ordinance of the City of Livonia, by amending paragraph (18), and by adding paragraph (27) so as to provide for revisions in the parking regulations relating to professional office buildings, the City Planning Commission having in its resolution 4-86-73 recommended to the City Council that Petition No. 73-3-6-7 be approved, 5. Petition No. 73-3-6-6 submitted by the City Planning Commission on its own motion, to determine whether or not to amend Sections 4.02, 5.02 and 7.02, Permitted Uses, of Ordinance 543, the Zoning Ordinance of the City of Livonia, so as to amend the requirements relating to accessory uses in residential districts, the City Plannin;; Commission having in its resolution 4-85-73 recommended to the City Council that Petition 73-3-6-6 be approved, 6. Petition No. 73-3-6-9 submitted by the City Planning Commission on its own motion to determine whether or not to amend Sections 10.08, 11.09 and 30.08, Front and Side Yard Requirements, of Ordinance 543, the Zoning Ordinance of the City of Livonia, so as to revise the front side yard requirements in commercial districts, and Section 11.03 Waiver Uses, so as to revise the requirements relating to utility trailers and commercial buildings of 30,000 square feet or more in size, the City Planning Commission having in its resolution 4-88-73 recommended to the City Council that Petition 73-3-6-9 be approved, 7. Petition No. 73-3-6-8 submitted by the City Planning Commission on its own motion to determine whether or not to amend Section 9.02, Permitted Uses, of Ordinance 543, the Zoning Ordinance of the City of Livonia, by adding paragraph (e) General Offices, and Section 9.03 Waiver Uses, so as to provide for additional uses including banks and savings and loqn associations in P. 0. Districts, the City Planning Commission having in its resolution 4-87•-73 recommended to the City Council that Petition 73-3-6-8 be approved, further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the nature of the proposed amendments to the Zoning Ordinance, as set forth above,first to be published in the official news- paper of the City or a newspaper of general circulation in the Cityof 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. 13741 By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was A11-73 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 (MSA 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, July 23, 1973, at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items: 1. Petition No. 73-2-1-6 submitted by Robert Gagliardi for a change of zoning of property located on the southeast corner of Schoolcraft Road and Merriman in the Northwest 1/4 of Section 26, from C-1 and M-1 to C-3, the City Planning Commission having in its resolution 4-78-73 recommended to the City Council that Petition No. 73-2-1-6 be approved; 2. Petition No. 72-11-1-51 submitted by Melvyn Eder, D.D.S. for Lionel F. Fendt, for a change of zoning of property located at the northwest corner of Farmington Road and Curtis in the Northeast 1/4 of Section 9, from R-3 to P.S. and R-7, the City Planning Commission having in its resolution 4-80-73 recommended to the City Council that Petition No. 72-11-1-51 be denied, 3. Petition No. 73-3-1-8 submitted by Louis G. Redstone Associates, Inc. for a change of zoning of property located on the south side of Eight Mile Road, east of Brentwood in the Northwest 1/4 of Section 1, from RUF to P.O., the City Planning Commission having in its resolution 4-81-73 recom- mended to the City Council that Petition No. 73-3-1-8 be approved, 4. Petition No. 73-2-1-7 submitted by Carl Thomas for a change of zoning of property located at the northeast corner of Joy Road and Stonehouse in Section 31, from RUF to R-1 the City Planning Commission having in its resolution 4-79-73 recommended to the City Council that Petition No. 73-2-1-7 be approved as amended pursuant to a letter dated April 5, 1973 from the petitioner requesting a change of zoning from RUF to R-4, further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the nature of the proposed amendments to the Zoning Ordinance, and the location of the proposed changes 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 incident- al to the full performance of this resolution. 13742 At the direction of the Chair, the item on the Agenda with respect to a request from Aziz Zarout for transfer of ownership of SDD-SDM License at 28292 Joy Rood, was removed, and will be considered at a later meeting of the Council. The communication from the Police Department, dated April 23, 1973, with respect to a request from the Michigan Liquor Control Commission relative to adding space to 1972 Class C licensed premises located at 16825 Middlebelt Road (Samuel I. Moy), was received and filed for the information of the Council. The communication from the Police Department, dated April 23, 1973, with respect to a request from Central Distributors of Beer, Inc. , for a new SD WareITYL1-3e to be located at 35015 Glendale, was received and filed for the information of the Council. The communication from the Police Department, dated April 26, 1973, wit! respect to a request from Perry Drug Stores, Incorporation for a new SDM license to be locaL(A. at 37376 Six Mile Road, was received and filed for the information of the CounoLl, By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #412-73 RESOLVED, that having considered Petition No. 73-5-3-4 submitted James A. King and Melanie D. King under date of May 2, 1973, wherein a request is made to vacate an easement for alley purposes on the north ten feet of lots 425 through 430, inclusive, Seven Mile Super Highway Subdivision, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and Cit:y Ordinance. By Councilman Milligan, seconded by Councilman McCann, it was #413-73 RESOLVED, that having considered a communication dated May 2, 1973 from the Department of Law, transmitting for acceptance two Grants of Easements, which Grants are more particularly described as: Grant of Easement from. 1. Mach Associates, a partnership, dated April 24, 1973 executed by partners John Leon Mason and Laurence S. Baluch, granting: The North 15 feet of Lot 7C6, Supervisor's Livonia Plat No. 10, as recorded in Liber 66, Pages 61, 62 and 63 Wayne County Records, said plat being of the East 1/2 of Section 15, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan. 13743 and Grant of Easement from- 2. Harry S. Wolfe Co., a Michigan Corporation, dated April 20, 1973, executed by Donald R. Wolfe, secretary- treasurer, and Harry S. Wolfe, president, granting- The North 15 feet of Lot 707, Supervisor's Livonia Plat No. 10, as recorded in Liber 66, Pages 61, 62 and 63, Wayne County Records, said plat being of the East 1/2 of Section 15, T. 1 S., R. 9 E., Livonia Township (now City of Livonia), Wayne County, Michigan. the Council does hereby for and in behalf of the City of Livonia acce-yt the aforesaid Grants of Easements and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was unanimous7y adoi,te #414-73 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 20, 1973 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended., and a first public hearing having been held thereon on April 30, 1973, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code: (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring on Sears Avenue in the S. 1/2 of Section 26, City of Livonia, Wayne County, Michigan, as described in said statement, and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for the improve- ment as set forth in said statement dated February 20, 1973, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, 13744 (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in the South 1/2 of Section 26, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as lots 1 through 5 both inclusive of proposed Taubman Subdivision and Parcels 26T1a, T2a, 26T2b2c, 26T2b2b, and Armstrong Buick Opel Parcel and Georgia-Pacific Parcel (7) direct the City Assessor to prepare a special assess- ment roll in accordance with the Council's determina- tion on said statement as prepared by the City Engineer, dated February 20, 1973; and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2, Chapter 5 of the Livonia Code of Ordinances. By Councilman Brown, seconded by Councilman Raymond, it was #415-73 RESOLVED, that having considered a communication dated March 2, 1973 from the City Planning Commission which sets forth its resolution No. 2-36-73 submitted by Manns-Ferguson Funeral Home for a change of zoning on property located on the east side of Middlebelt Road, south of Six Mile Road, in the Northwest 1/4 of Section 13, from RUF to P, and the Council having conducted a public hearing with regard to this matter on April 30, 1973, pursuant to Council resolution No. 242-73, the Council does hereby concur with the recommendation of the Planning Com- mission and the said Petition No. 73-1-1-1 is hereby approved and granted; and the City Planner is hereby instructed to cause the neces- sary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopt^d, it was 13745 #416-73 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. By Councilman Bennett, seconded by Councilman Brown, it was #417-73 RESOLVED, that having considered a communication from the Department of Law, dated May 14, 1973, approved for submission by the Mayor, relative to the proposed acquisition of a leasehold located at 31513 Plymouth Road (Lot 19 of Rosedale Gardens No. 1 Subdivision), which acquisition is necessary for the completion of the Plymouth Road Parking Project, the City Council of the City of Livonia, Michigan, authorizes the Department of Law to acquire the aforesaid described property from Mr. and Mrs. Earl Aseltine, doing business as Primrose Cleaners, based upon the following terms and conditions : 1. The purchase price of the subject property shall be in the amount of $6652, and 2. Sellers convey such interest as they have in this property, including but not limited to a lease, as applicable to these premises, which lease is dated May 1, 1969, and by its terms will expire on April 30, 1974. 3. Sellers agree to surrender possession of the described premises to the purchaser on or before June 1, 1973, upon compensation herein provided for being made. 4. The compensation herein provided for is based upon liquidation value, movable items, as well as value in place, irremovable items, and that the fixtures and equipment located on the premises in question as of June 1, 1973 shall be surrendered and left in place and shall thereafter be the property of the purchaser, City of Livonia. 5. Sellers agree that the compensation herein provided for will forever release, discharge and satisfy all claims, demands or actions as the sellers may have now or at any time in the future against the purchaser, its assigns, agents, servants and employees, by reason of the ac- quisition of the subject premises by the purchaser. further, the Council does hereby authorize the expenditure of a sum not to exceed $6652 as an advance from the proceeds of Special Assessment District 101 as established 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. A roll call vote was taken on the foregoing resolution with the following result. AYES- Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. 13746 *Councilman Raymond was excused at 10:35 p. m. for the remainder of the meeting. By Councilman McCann, seconded by Councilman Bennett, it was 4418-73 RESOLVED, that having considered a communication from the Water and Sewer Board, dated May 3, 1973, which also bears the signature of the Budget Director, and is approved for submission by the Mayor, which transmits its resolution No. WS 1805 4/73, adopted on April 23, 1973, the Council does hereby accept the bid of Bill Brown, Inc., 32222 Plymouth Road, Livonia, Michigan, 48150, for supplying the Water Department with one 1973 Ford Custom 500 Sedan for the price of $2,785.62, the action taken herein being based upon the reasons set forth in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was 4419-73 RESOLVED, that having considered a communication from the Chief of Police, dated May 14, 1973, with respect to a letter from the Michigan Liquor Control Commission, dated April 11, 1973, relative to a request from Frank M. Hammad for transfer of ownership of 1972 SDM License from Badie G. Khalaf, located at 34731 Plymouth Road, Livonia, Michigan, the Council does hereby determine to recommend that the said application for transfer of ownership be disapproved for the reasons indicated in the aforesaid communication from the Chief of Police; and the Council does hereby determine to rescind Council Resolution 353-73 adopted on May 2, 1973, 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: Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Milligan, it was 4420-73 RESOLVED, that having considered a communication from the Superintendent of Operations, which also bears the signature of the Director of Public Works, and the Budget Director and is approved for submission by the Mayor, the Council does hereby accept the bids of Morton Salt Company, 10335 Flora Street, Detroit, Michigan 48209, and International Salt Company, Clarks Summit, Pennsylvania 18411, for supply- ing the City with Hyway Rock Salt No. 1 for the price of $9.73 per ton, for the period from July 1, 1973 through June 30, 1974, based upon the stipulation that the City will purchase such salt from whichever of the two suppliers can supply the salt in the most reasonable length of time when requird, and the action taken herein being based upon the fact that the aforesaid bids were low and equal bids. 1,74, A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #421-73 BE IT RESOLVED, that the City of Livonia enter into an Agreement with the Board of County Road Commissioners of the County of Wayne, Michigan, relative to the installation and construction of approximately 1,96D lineal feet of 12 inch water main within the right- of-way of Middle Belt Road between Plymouth Road north to the south service road of I-96,in the City of Livonia, Wayne County, Michigan, a copy of said Agreement is attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that the Mayor and the City Clerk be and the same are hereby authorized to execute the foregoing Agreement for and on behalf of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Bennett, Brown and Nash. L NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was A22-73 RESOLVED, that having considered a communication from the City Engineer, dated May 11, 1973, approved by the Director of Public Works and the City Attorney, and approved for submission by the Mayor which transmits a tri-party Agreement between the Michigan State Highway Commission, the Board of Wayne County Road Commissioners and the City of Livonia, Contract No. 73-0135, in connection with the construction of the C & 0 Grade Separation at Middle Belt Road under the Urban Systems Program wherein this project would receive approximately 50% federal funding, the Council does hereby authorize the Mayor and City Clerk to execute the said Agreement in behalf of the City of Livonia, as well as 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 and Nash. LNAYS: None. 137,8 By Councilman Milligan, seconded by Councilman McCann, it was #423-73 RESOLVED, that having considered the communication dated May 16, 1973 from the Department of Law, submitted pursuant to council resolution #33-73, which transmits a deed for acceptance which deed was executed on April 25, 1973 by the Michigan State Highway Commission by its Chairman, E. V. Erickson, and its State Highway Director, John F. Woodford, conveying: All that part of the West 1/2 of the Southwest 1/4 of Section 19, T1S, R9E, City of Livonia, Wayne County, Michigan, described as: Commencing at the Southwest corner of said Section 19; thence North 01 deg 31' 56" West a distance of 1576.28 feet; thence North 88 deg 29' 59" East a distance of 424.06 feet to the point of beginning; thence continuing North 88 deg 29' 59" East a distance of 846.83 feet; thence South 01 deg 54' 20" Ez-)-3t a distance of 534.06 feet; thence North 61 deg 42' 22" West a distance of 575.76 feet to the point of curvature of a 2,270 foot radius curve to the right (chord bearing North 56 deg 16' 23" West); thence Northwesterly along the arc of said curve 430.51 feet to the point of beginning. Subject to an easement for drainage purposes described as: Beginning at a point on the West line of Tiffany Park Subdivision of part of the South 1/2 of Section 19, T1S, R9E, City of Livonia, Wayne County, Michigan, as re- corded in Liber 87 of Plats, pages 58-59-60, Wayne County Records, which is South 01 deg 49' 15" East a distance of 9.62 feet from the Southwest corner of Lot 42 said Tiffany Park Subdivision, thence South 79 deg 04' West a distance of 139.25 feet, thence South 61 deg 42' 22" East a distance of 47.44 feet; thence North 79 deg C4' East a distance of 97.69 feet; thence North 01 deg 49' 15" West a distance of 30.38 feet to the point of beginning. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Deed of the Michigan State Highway Commission and the City Clerk is hereby requested to have the same recorded, no later than July 3, 1973 in the Office of the Wayne County Register of Deeds; further, the City Clerk is hereby requested to contact the Department of State Highways of the State of Michigan, attention Mr. Ted R. Olsen, Closing Supervisor, Excess Property Section, with the request that the City be furnished with the appropriate title insurance policy for this property, further, the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution. 13749 A roil call vote was taken on the foregoing resolution with the following result- AYES: Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, and unanimously adcpted, this 760th regular meeting of the Council of the City of Livonia, was duly adjourned at 10:45 P. M., May 16, 1973. �I ADDISON U. BACON, Cit Clerk