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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-04-18 13645 L MINUTES OF THE SEVEN HUNDRED FIFTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 18, 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 8:10 P. M.. Councilman Brown delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works; John Bunk, Fire Chief; Robert Turner, Police Chief; William Joyner, Administrative Assist- ant to the Mayor; John T. Dufour, Superintendent of Parks and Recreation; Ronald Mardiros, City Assessor; James Miller, Personnel Director; Daniel Gilmartin, Indus- t. trial Coordinator; G. E. Siemert, City Engineer; John Nagy, City Planner; Michael Reiser of the Water and Sewer Board. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #282-73 RESOLVED, that the minutes of the 757th regular meeting of the Council of the City of Livonia, held April 4, 1973, are hereby approved. The Financial Reports for period ending March 31, 1973, as submitted by the City Clerk under date of April 17, 1973, for the General Fund, Refuse Fund, Golf Course Fund, Concessions Fund, Ice Rink Fund, Swimming Pool Fund and the Federal Revenue Sharing Fund, were received and filed for the information of the Council. The communication from the Department of Law dated April 5, 1973, regarding the 8th and final settlement distribution in connection with the Copper Piping Anti- trust suits, was received and filed for the information of the Council. Councilman Milligan gave second reading to the following Ordinance: 13646 AN ORDINANCE AMENDING TITLE 5, CHAPTER 3 (TREES, SHRUBS AND PLANTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMENDING SECTIONS 5-302, 5-313 AND 5-316 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8-203 OF CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result- AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 8-243 OF CHAPTER 2, TITLE 8, OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Ventura, seconded by Councilman Raymond, it was 13647 #283-73 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated March 23, 1973, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of R. G. Moeller Company, 14415 Meyers Road, Detroit, Michigan, for supplying the City with a 16" Brush Chipper No. 16 T 318 for the price of $4,575.00 plus an additional $105.00 for the installation of a blower, for a total price of $4,680.00, the same having been in fact the lowest bid meeting specifications for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #284-73 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated March 23, 1973, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Digger & Aerial Sales and Service, 31700 Eight Mile Road, Farmington, Michigan, for supplying the City with a 55` Aerial Tower Truck w/Dump Chip Box Skyworker No. 6950 C for the price of $17,912.59, the same having been in fact the lowest bid meeting specifica- tions for this item; further, the Council does hereby authorize the transfer of the sum of $512.00 from Account No. 781-785 to the Capital Outlay Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result' AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #285-73 RESOLVED, that having considered a communication from the Water and Sewer Board dated March 21, 1973, which bears the signature of the Budget Director and is approved for submission by the Mayor and which transmits its resolution No. WS 1788 2/73, the Council does hereby accept the bid of East Jordan Iron Works, Inc., 13301 Northend Avenue, Oak Park, Michigan 48236, for supplying the Water Department with Hydrant Extensions for a period of one year commencing from the effective date of the action taken herein in the following unit prices: Item Unit Price 6 " Extension $ 54.39 12 " Extension 60.85 18 " Extension 71.25 24 " Extension 82.51 30 " Extension 113.71, the same having been in fact the lowest and only bid meeting specifications for this item. 13648 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #286-73 RESOLVED, that having considered a communication from the City Engineer dated March 26, 1973, approved by the Director of Public Works and the City Attorney and approved for submission by the Mayor, which transmits an agreement between the Chesapeake and Ohio Railway Company and the City of Livonia wherein the said Chesapeake and Ohio Railway would grant a license and permit to the City for the installation of a twelve inch water main in the railway right-of-way, the Council does hereby authorize the Mayor and City Clerk to affix their signatures to such Agreement for and on behalf of the City of Livonia; further, the Council does hereby authorize the payment of the sum of $100.00 from the Water Fund Account No. 14-158 to cover the cost of the preparation of this agreement and supervision expenses; 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: LAYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #287-73 RESOLVED, that having considered a communication from the Mayor dated March 29, 1973, to which is attached a communication from the City Planning Commission which sets forth its recommendation relative to the preparation of a Comprehensive Land Use Study, the Council does hereby determine to approve recommendation No. 2, wherein the said Comprehensive Land Use Study would be prepared on the basis of the City employing an additional Planner III, as well as by furnishing to the Planning Depart- ment supplemental information in the areas of economic base studies, community facilities study, urban redevelopment studies and in evaluating regional relationships, the same to be obtained by employing the services of a Planning Consultant; farther, the Council does hereby request the Civil Service Commission to do all things necessary to expeditiously employ an additional employee in the City Planning Department at the Planner III level, and for this purpose the Council does hereby authorize and transfer the sum of $8,000.00 from Federal Shared Revenue Funds to Account No. 805-706; further, the Council does hereby request the City Planning Commission to submit its report and recommendation insofar as L the employment of a Planning Consultant, in order to furnish the City Planning Department with the supplemental information as enumerated above, and for this purpose the Council does hereby authorize an expendi- ture in an amount not to exceed $18,000.00 from Federal Shared Revenue Funds; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. 13649 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #288-73 RESOLVED, that having considered a communication from the City Engineer dated March 20, 1973, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby author- ize and request the City Clerk to make application to the Detroit Edison Company, on forms provided by such Company, with regard to the alteration and expansion of the existing Street Lighting System on Middlebelt Road between Plymouth Road and Schoolcraft Road, so as to replace 38 existing lights on wood poles with overhead wiring with 40 ornamental lights with underground wiring and 25 lights on existing wood power poles, in accord- ance with the aforesaid communication, it being the determination of the Council that the installation of such lighting is necessary and in the public interest. A roll call vote was taken on the foregoing resolution with the following result : AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, it was #289-73 RESOLVED, that having considered a communication from the Depart- ment of Law dated March 19, 1973, approved by the Supt. of Parks and Recreation, and approved for submission by the Mayor, submitted pursuant to council resolution #1098-72, the Council does hereby authorize the Department of Law to acquire 5.68 acres of land, located in Section 18 and owned by Keith M. Gale and Majie J. Gale, his wife, the legal description of which is as follows: That part of the S.E. 1/4 of Section 18, Town 1 South, Range 9 East, described as beginning at a point on the North and South 1/4 Section Line distant S. 0° 27' 46" E, 329.41 feet, from the center 1/4 corner of Section 18 and proceeding thence S. 0° 27' 46" E along said line 329.41 feet; thence N. 89° 41' 30" E, 750 feet; thence N. 0° 27' 46" W, 329.60 feet; thence S. 89° 40' 38" W, 750 feet to the point of beginning. 5.67 acres. that the terms and conditions upon which this acquisition is authorized are as follows: L1. the purchase price shall be in the amount of $35,800.00, 2. that a sum not to t.xceed 5588.06 is hereby authorized to be expended for the proration of current city, school and county taxes; 13650 3. that a sum not to exceed S210 is hereby authorized to be expended for the purchase of a policy of title insurance; 4. that the foregoing amounts are hereby authorized to be expended from Federal Revenue Sharing Funds; and 5. the City Clerk, the City Treasurer, and the Department of Law are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was #290-73 RESOLVED, that having considered a communication from the Mayor dated March 23, 1973 with regard to the City's application for funding through the L.E.A.A. for a project entitled "Summer of '73", the Council does hereby appropriate and authorize the expenditure of the sum of $500.00 from the Unexpended Fund Balance Account for the purpose of hiring and training five (5) persons for the purpose of working in various park- sites in the City in connection with this project; 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, it was #291-73 RESOLVED, that having considered a communication from the Livonia Housing Commission dated March 13, 1973, approved for submission by the Mayor, with regard to additional capital improvements in McNamara Towers MICH-55-1, required by the Livonia Fire Marshal, HUD and the Livonia Building Inspector, the Council does hereby authorize the expenditure of the sum of $1,607.71 from the $280,000.00 General Obligation Senior Citizens Housing Bond Issue for the purpose of making payment on the balance required as per Attachment 1 of said communication; 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. 13651 By Councilman Milligan, seconded by Councilman Brown, it was #292-73 RESOLVED, that having considered a communication from the Mayor dated March 23, 1973, to which 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 determine to refer this matter to the next Study Session to be conducted on April 23, 1973. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan and Bennett. NAYS: McCann and. Nash. The President declared the resolution adopted. By Councilan Ventura, seconded by Councilman Raymond, it was #293-73 RESOLVED, that having considered a communication from the Mayor dated April 3, 1973 with regard to the 20th Annual Michigan Week, which commences on May 19, 1973 and ends on May 26, 1973, the Council does hereby determine to transfer the sum of $500.00 from the Unexpended Fund Balance Account to Account No. 173-885 (Public Relations) for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #294-73 RESOLVED, that having considered a communication from the City Engineer dated March 19, 1973, approved by the Director of Public Works and approved for submission by Mayor, with regard to a proposed Topics Project for the improvement of the intersection of Ann Arbor Trail and Newburgh Road and the need in this connection to acquire additional right- of-way and more particularly all or a portion of Bureau of Taxation Parcel 31C, as shown on the attached sketch, the Council does hereby authorize the Department of Law to employ the services of an expert real estate appraiser for the purpose of obtaining an appraisal of the said right-of- way, which appraisal shall also indicate the value of the entire parcel of property, and for this purpose the Council does hereby authorize the expenditure of a sum not to exceed S300.00 from the City's Motor Vehicle Highway Fund (Major); and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. 13652 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the City Engineer dated March 19, 1973, approved by the Director of Public Works and approved for submission by the Mayor, wherein it is recommended that Section 6-196 (1) of the Livonia Code of Ordinances, as amended, be amended so as to designate certain City streets as truck routes as well as providing for certain revisions in this regard, the Council does hereby determine to refer this matter to the Department of Law for the preparation of the said Ordinance amendment with the exception of deleting from such amendment any change in status with regard to Newburgh and Merriman Roads. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett. NAYS: Brown, Ventura, Raymond, Milligan, McCann and Nash. The President declared the resolution DENIED. By Councilman Raymond, seconded by Councilman McCann, it was RESOLVED, that having considered a communication from the City Engineer dated March 19, 1973, approved by the Director of Public Works and approved for submission by the Mayor, wherein it is recommended that Section 6-196 (1) of the Livonia Code of Ordinances, as amended, be amended so as to designate certain City streets as truck routes as well as providing for certain revisions in this regard, the Council does hereby determine to refer this matter to the Department of Law for the preparation of the said ordinance amendment with the exception of deleting from such amendment any change in status with regard to Newburgh Road. Councilman Bennett, seconded by Councilman Brown, offered a motion to substitute the following resolution in lieu of the foregoing: #295-73 RESOLVED, that having considered a communication from the City Engineer dated March 19, 1973, approved by the Director of Public Works and approved for submission by the Mayor, wherein it is recommended that Section 6-196 (1) of the Livonia Code of Ordinances, as amended, be amended so as to designate certain City streets as truck routes as well as providing for certain revisions in this regard, the Council does hereby refer the same to the Police Division and the Traffic Commission for their report and recommendation. 13653 A roll call vote was taken on the motion to substitute as follows: AYES: Brown, Ventura, Milligan and Bennett. NAYS: Raymond, McCann and Nash. The President declared the resolution to substitute adopted. A roll call vote was taken on the substitute resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, B'mnett and Nash. NAYS: None. The President declared the resolution, as substituted, adopted. Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 3-702(2) AND SECTION 3-704 OF TITLE 3, CHAPTER 7 (FIRE PREVENTION CODE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. The communication dated March 19, 1973 from the Department of Law, with respect to a proposed amendment to the Misdemeanor Ordinance (CR-171-73) was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was 2296-73 RESOLVED, that having considered a communication from the Director of Public Works dated April 3, 1973, and in accordance with the provisions set forth in Section 3-527 of the Livonia Code of Ordinances, the Council does hereby determine to approve the following amendment to the Rules and Regulations concerning the City's Refuse Disposal Site previously approved and established in Council Resolution No. 954-70, adopted on September 30, 1970, so as to provide that Paragraph A (1) of the same shall read as follows: "The City's refuse disposal site will be open to Livonia residents on Saturdays only between the hours of 10:00 AM and 6:00 PM for disposal of refuse generated within the City." 13654 *Councilman Ventura was excused at 8:46 p. m. By Councilman Milligan, seconded by Councilman McCann, it was #297-73 RESOLVED, that having considered the report and recommendation dated March 19, 1973 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, concerning improvement of driveway approaches at the following locations : I. Levan Road (Plymouth to Schoolcraft) Parcel No. Address 29Jlala 13149 Levan Road II. Stark Road (Plymouth to Lyndon) 28e815 13405 Stark Road 28e812 13341 Stark Road 28e811a 13321 Stark Road 28e806 12815 Stark Road 28N,P,Q,R 12417 Stark (2 Driveways) 28w1 12338 Stark 28S 12335 Stark 28b73 11841 Stark 28V2,28X2 Just S. of Tracks 28d28 Just N. of Tracks 21Xlal 14081 Stark Road III. Farmington (Plymouth to Eight Mile Road) 27E99 11940 Farmington 27E89 11946 Farmington 13655 Parcel No. Address 27D1b1 13324 Farmington 27D29;D2b1,2b2a1 13374 Farmington 22d1a 14172 Farmington 15e14 16352 Farmington 15e15 16382 Farmington 15e16 16512 Farmington 10b 111-115 18536 Farmington 10b118,10b119 18608 Farmington 10b121,10b122 18612 Farmington 1013125,10b126 18618 Farmington 03b56a to 59a 19250 Farmington 03b53a,54a,55a 19288 Farmington 03b39a,03b40a 19326 Farmington 03b3, 03b4 19576 Farmington 03J1, 03K1 19810 Farmington 03a5a 20118 Farmington 03D1 20324 Farmington 03a7a 20340 Farmington 13656 Parcel No. Address 03a8a 20410 Farmington 04Dla 20331 Farmington 04G1 20235 Farmington 04J1 20205 Farmington 04K1 20135 Farmington 04M1. 20019 Farmington 04Q1 19931 Farmington 04U1 19915 Farmington 04V1 19907, 19909 Farmington 04X1 19825 Farmington 04JJla 19505 Farmington 04JJ5a 19323 Farmington 09a82,09a83,09a84 18911 Farmington 09a100,09a101,09a102 18621 Farmington 09a111,09a112,09a113a 18557 Farmington 09a118,09a119 18529 Farmington 09a120,09a121 18521 Farmington 09a122,09a123 18515 Farmington 16a280b, 16a281 15971-15973 Farmington 16a261-267 15803-15809 Farmington 21G12ala 14905 Farmington 21FF1 14023 Farmington 04Y1 19815 Farmington 03Hlal (Vacant) S. of 20010 Farmington 13657 IV. Five Mile Road (Inkster to I-96) Parcel No. Address 13R2ala, R3albla 27476 Five Mile Road 13Q2a,Rla 27480 Five Mile Road 13QLa 27486 Five Mile Road 13e38a,38b1; P2al,bl 27492 Five Mile Road 13Mla 28010 Five Mile Road 13M3a1 28100 Five Mile Road 13M8a1,8b,9ala,9b1 28342 Five Mile Road 13K4b1 28610 Five Mile Road 13K4ala 28660 Five Mile Road 13K2a1 28808 Five Mile Road 1312a-13Jla 28974 Five Mile Road 13c9 & 10 29212 Five Mile Road 24b200 & 201 29015 Five Mile Road 24b202 29005 Five Mile Road 24c89b2; 24c90 28095 Five Mile Road 24c9la 28025 Five Mile Road 24D1 27503 Five Mile Road 2401 27495 Five Mile Road 23G7a 31051 Five Mile Road 23b6 30585 Five Mile Road 23b8,b9,b10 30461 Five Mile Road 23b86 29725 Five Mile Road 15a664b1; 15a665a 31620 Five Mile Road 15a666 31630 Five Mile Road 15a668 31646 Five Mile Road 13658 Parcel I o. Address 15a702 32190 Five Mile Road 15a670 31660 Five Mile Road 15a705 32290 Five Mile Road 22a391-395 31631 Five Mile Road 22a387-390 31621 Five Mile Road 22a306-310 31567 Five Mile Road 22a302-305 31547 Five Mile Road 22a218,219 31515 Five Mile Road 22a211-2l4 31485 Five Mile Road 16a134-138 33972 Coventry 16a34b-38 34260 Five Mile Road 16Hla 34970 Five Mile Road 20Ela 36251 Five Mile Road 20D1 36111 Five Mile Road 20A4b1 35577 Five Mile Road 20A4a1 35571 Five Mile Road 211M1a1 35217 Five Mile Road 2L'c2 34465 Five Mile Road 18I2a 39020 Five Mile Road 19e552 38781 Five Mile Road 19D1aElaC2bl 38575 Five Mile Road 19A1a; A2albla 37525 Five Mile Road 14AA1 29410 Five Mile Road 23G6a1a Bainbridge & Five Mile 13659 V. Middlebelt Road (Joy to Plymouth) Parcel No. Address 36c97 8988 Middlebelt 36c102 N. of 9024 Middlebelt 36c105 9080 Middlebelt 35a1, 35a2 9105 Middlebelt Road 35a21-24 Rear of 9018 Fremont on Middlebelt 35a40-43 8915, 8909, 8903 Middlebelt 35a44, 45, & 46 8895 Middlebelt VI. Middlebelt Road (Five to Eight Mile Road) 13c29-31 15378 Middlebelt Road 13b234a & 235a, 236a 15940 Middlebelt 13a333a 16524 Middlebelt 14a36 N. of 16825 Middlebelt 12D1b1 18290 Middlebelt 12Clal 18550 Middlebelt 12B39a,40a 18600 Middlebelt 11A17a N. of 18975 Middlebelt 11A19b1 18825 Middlebelt 11A19c1 18785 Middlebelt 11A19d1 18725 Middlebelt 11d214 18525 Middlebelt 11d208 18369 Middlebelt 11LL8alb2,c 17545 Middlebelt 11MM20a1 17241 Middlebelt 01f439a 19704 Middlebelt 01f440a N. of 19704 Middlebelt 13660 Parcel No. Address Olpl 19738 Middlebelt 01p2 29247 Bretton Road 01e381a 20210 Middlebelt 01e380a 20270 Middlebelt 01e379a 20292 Middlebelt 01e373b1 20386 Middlebelt 01e358a, 359a 20454 Middlebelt 02A13a,14a 20561 Middlebelt 02b2a 20231 Middlebelt 02b3a1 20225 Middlebelt 02b4a05a 20215 Middlebelt 02c450a, 452 02c451a 29446 Bretton 19805 Middlebelt 02c484ala 19791 Middlebelt 02c485b1 19715 Middlebelt 02c485c1,485d1 19711 Middlebelt 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 driveway approaches at such premises, and the City Clerk is hereby requested to do all things necessary 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 driveway approaches on or before July 1, 1973; further, the Council does hereby authorize the construction of driveway approaches at the following locations, such work to be included in the bids taken for the said locations which are City owned and which work shall be performed on the basis of bids taken and received in connection with the paving of the aforesaid driveway approaches: Bureau of Taxation Parcel 21T,U1,V2a,V1 Bureau of Taxation Parcel 160LA2 Bureau of Taxation Parcel 15J, 15K1; 13661 and further, the Council does hereby request the Livonia Board of Education to arrange for the construction of driveway approaches at the following location, or in the alternative, should the Board have these approaches constructed by the City, that the Board of Education agree to reimburse the City for the cost of same: Bureau of Taxation Parcel 36Ce2a,C2a1; and further, with regard to a communication dated July 19, 1972 from Mr. P. L. Hembrough, the Council does hereby determine to not require the improvement of the driveway approaches for Parcels 36c99, 36c100 and 36c107, located at 9000 Middlebelt, 9012 Middlebelt, and 9106 Middlebelt, respectively, at this time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. *Councilman Ventura returned at 8:47 p. m. By Councilman Bennett, seconded by Councilman Brown , it was #298-73 RESOLVED, that having considered a communication from the City Engineer dated March 19, 1973, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the City Clerk to make application to the Detroit Edison Company, on forms provided by such company, for the installation of street lights of suitable lumen strength at the following intersections along Schoolcraft Road: North Service Drive 1. i'arner Court 2. Hubbell Avenue 3. Berwick Avenue 4. Brookfield Avenue 5. Stamford Avenue 6. Ellen Drive 7. Yale Avenue 8. Fairway Avenue 9. Golfview Avenue 10. Madonna College Entrance 11. Hix Road South Service Drive 12. Wayne Road 13. Surrey Avenue, all of which are in the City of Livonia, Michigan, it being the deter- mination of the Council that such intersections require lighting in order to protect the public safety of the residents of the community. 13662 A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. *Councilman Brown was excused at 8:48 p. m. By Councilman Raymond, seconded by Councilman Ventura, it was #299-73 RESOLVED, that having considered a communication from the City Engineer dated March 20, 1973, approved by the Director of Public Works and approved for submission by the Mayor, concerning the street lights provided within the Kenwood Park Subdivision, the Council does hereby determine to concur in the recommendation set forth in the aforesaid communication and does hereby authorize the City of Livonia to assume the cost of the four (4) additional lights which were installed in the said area beyond the ten (10) street lights designated for inclusion in Special Assessment District No. 93; and for this purpose does hereby request that the City Clerk do all things necessary to implement the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Milligan, McCann and Nash. LI NAYS: Bennett. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Raymond, it was #300-73 RESOLVED, that having considered the report and recommendation of the City Engineer dated March 12, 1973, approved by the Director of Public Works and the Chairman of the Water and Sewer Commission and approved for submission by the Mayor, and having also considered the attached final construction estimate dated March 5, 1973, the Council does hereby authorize Final Parlant in the amount of $20,736.89 to Ameron, Inc., Pipe Lining Division, P. O. Box 457, Wilmington, California 90744, which sum includes the full and complete balance due on a contract dated July 28, 1972 in the amount of $215,378.20 in connection with the clean- ing and cement mortar lining of cast iron water mains, the total value of work completed in this regard being in the amount of $207,368.94, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifi- cations, and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed, and he City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was 13663 #301-73 WHEREAS, the City Council of the City of Livonia did on December 20, 1972, under Council Resolution No. 1154-72, petition the Office of the Wayne County Drain Commissioner to initiate a program for the construction of a project known as Livonia Drain No. 39 and Branches, for installing storm drains in the E. 1/2 of Section 13 of the City of Livonia, and WHEREAS, a portion of this project is emergency in nature, in that it is urgently necessary to provide storm drainage within the E. 1/2 of Section 13 of the City to enable the construction of a street improve- ment on Deering Avenue, north of Five Mile Road, and to correct existing drainage problems within this area, and it is the desire of the Council to proceed immediately with this segment of the overall drainage project, and WHEREAS, it appears that this can be done in conjunction with the Deering Avenue paving project, NOW, THEREFORE, BE IT RESOLVED, that the Livonia Drain No. 39 Drainage Board is requested to authorize the City to proceed with the construction of that portion of Livonia Drain No. 391, ncluding Branch No. 3, needed to provide drainage on Deering Avenue/FtveeMile Road and Puritan Avenue in conjunction with the proposed Deering Avenue paving project, the cost of the drainage improvements to be repaid when bonds are sold and monies are available for the Livonia Drain No. 39 and Branches project. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Ventura, Milligan, McCann, Bennett and Nash. NAYS: None. *Councilman Brown returned at 8:50 p. in. By Councilman McCann, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication dated March 12, 1973 from the Superintendent of Parks and Recreation, approved by the Budget Director and approve'i for submission by the Mayor, as well as a communication dated April 12, 1973 from Lindhout Associates, Architects, and based upon the verbal recommendation by the Superintendent of Parks and Recreation, the Council does hereby designate the firm of Lindhout Associates, Architects, 18518 Farmington Road, Livonia, Michigan, for the construction of a locker room addition to the Devon-Aire Recreation Center for the estimated construction cost of S60,000.00; further, the Council does hereby request the Department of Law to negotiate a contract for the employment of the said architectural firm for submission to Council for approval. 13664 Councilman Milligan, seconded by Councilman Ventura, offered a motion to substitute the following resolution in lieu of the foregoing: #302-73 RESOLVED, that having considered a communication dated March 12, 1973 from the Superintendent of Parks and Recreation, approved by the Budget Director and approved for submission by the Mayor, and also having considered a communication dated April 12, 1973 from Lindhout Associates, Architects, and a verbal recommendation made by the Superintendent, the Council does hereby determine to refer this matter back to the Parks and Recreation Commission for the preparation of detailed specifications, to be submitted to Council for approval, which would provide, with respect to the proposed locker room addition at the Devon-Aire Ice Rink, that the same shall be advertised requesting sealedibid Proposals on a "design and build" basis for the construction and which bid would include architectural services therein. A roll call vote was taken on the motion to substitute as follows: AYES: Brown, Ventura, Milligan and McCann. NAYS: Raymond, Bennett and Nash. The President declared the motion to substitute, adopted. A roll call vote was taken on the substitute resolution with the following result: AYES: Brown, Ventura, Milligan and McCann. NAYS: Raymond, Bennett and Nash. The President declared the resolution, as substituted, adopted. By Councilman Milligan, seconded by Councilman Brown, and unanimously adopted, it was #303-73 RESOLVED, that having considered a communication dated March 20, 1973 from Mr. John L. Hanson, Secretary, Newburgh Heights-Greenwood Farms Civic Association, regarding a Bike Parade to be conducted on June 9, 1973, the Council does hereby grant permission to the Newburgh Heights- Greenwood Farms Civic Assoc;.ation to conduct such parade to begin at 1.30 P. M. on June 9, 1973, on Kingsbury and Newburgh Roads, proceed Northwest along Kingsbury and North on Huff Avenue to Ladywood, west to Stonehouse Circle and Northwest to Blue Skies to the common play area; approval herein granted shall be subject to the approval of the Police Department in accordance with Section 6-155 of the Livonia Code of Ordinances. By Councilman Raymond, seconded by Councilman Milligan, it was 13665 #304-73 RESOLVED, that having considered a communication from the Personnel Director dated March 14, 1973, approved by the President of Union Local 192 and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on March 6, 1973 and submitted pursuant to Council resolution No. 72-73, with regard to a prior communication from the Personnel Director dated November 10, 1972, approved by the Budget Director and the President of Union Local 192 and approved for submission by the Mayor, with regard to a resolu- tion previously adopted by the Civil Service Commission on October 17, 1972, wherein the resolution of March 6, 1973 modifies the previous recommendation of October 17, 1972 so as to provide that the classifica- tion of Equipment Serviceman be adjusted to the following pay rate Step 1 Step 1 1/2 Step 2 Annual $10,088.00 $10,296.00 $10,504.00 Bi-Weekly 388.00 396.00 404.00 Hourly 4.85 4.95 5.05; and which action further provides that a classification of Equipment Mechanic Trainee be established at the following pay rate: Step 1 Step 1 1/2 Step 2 Annual $ 9,526,40 $ 9,734.40 $ 9,942.40 Bi-Weekly 366.40 374.40 382.40 Hourly 4.58 4.68 4.78; and which further recommends that a system of promotions in the Equip- ment Mechanic series be established in the Operations Division of the Department of Public Works in the manner detailed in the aforesaid com- munication dated November 10, 1972, the Council does hereby determine to concur in and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #305-73 RESOLVED, that having considered communications dated March 20, 1973 and April 9, 1973 from the Superintendent of Parks and Recreation, approved for submission by the Mayor, wherein a request is made for the vacating of Woodring Avenue from the southern boundary of Shelden Park to Van Court Street and Roseland Avenue from the southern boundary of Shelden Park to the rear of the Noble Library in Section 34, City of Livonia, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accord- ance with provisions of Law and City Ordinance. 13666 By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #306-73 RESOLVED, that having considered a communication dated March 27, 1973 from the City Planning Commission, which transmits its resolution No. 3-65-73 adopted by the Commission on March 20, 1973 with regard to Petition No. 73-2-2-4, submitted by Fretter Appliance requesting permis- sion to construct and operate a home furnishing sales building as a waiver use on property zoned M-1 located on the south side of Schoolcraft between Wayne and Levan Roads in the Northeast 1/4 of Section 29, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 73-2-2-4 is hereby approved and granted, Such action to be based upon the same conditions as are set forth in the afore- said recommendation of the Planning Commission, as well as the additional condition that all exterior lighting and the use of amplifying equipment shall not cause a nuisance to adjoining property owners. By Councilman McCann, seconded by Councilman Bennett, it was #307-73 RESOLVED, that having considered a communication from the City Engineer dated April 5, 1973, approved by the Director of Public Works and the Superintendent of Parks and Recreation and approved for submission by the Mayor, wherein it is recommended that two (2) existing light poles and one (1) existing utility pole be relocated in connection with the paving of the Whispering Willows Golf Course parking lot for the estimated cost of $1,750.00, the Council does hereby determine to request and authorize the Detroit Edison Company to perform the said relocation work and for this purpose the Council does hereby authorize the expenditure of a sum not to exceed $1,750.00 from the Operating revenues of the Whisper- ing Willows Golf Course; further, the Council does hereby authorize and request the City Clerk to make application to the Detroit Edison Company, on forms provided by such company, for the installation of an additional light pole with two (2) lights at the said parking lot in accordance with the recommendation set forth in the aforesaid communication; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #308-73 RESOLVED, that having considered a communication from the Burton Hollow Civic Association dated April 7, 1973, which details certain accounts of vandalism and lawlessness which have occurred in recent months in the said Burton Hollow Subdivision, the Council does hereby refer the same to the Mayor for his report and recommendation. 13667 By Councilman Ventura, seconded by Councilman Bennett, it was #309-73 RESOLVED, that having considered a communication from the Mayor dated April 9, 1973 to which is attached a communication from the City Assessor dated April 5, 1973, the Council does hereby determine that the salary of the City Assessor shall be established at the rate of $9,000.00 per annum, effective April 2, 1973, and payable in accordance with the provisions of the Charter of the City of Livonia; further, in order to implement the purpose of the action taken herein, the Council does hereby authorize the use of moneys presently provided for and available in the Employees Salary Account of the Office of the City Assessor. A roll call vote was taken on the foregoing resolution with the following result- AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #310-73 RESOLVED, that having considered a communication from the City Engineer dated March 20, 1973, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the installation of a public walkway between Lots 218 and 219 in the Judson Garden Subdivi- sion No. 4, the Council does hereby authorize the Engineering Division to do all things necessary to take bids for the installation of the said public walkway and the related fence required to be placed adjacent there- to in conjunction with the 1973 Miscellaneous Sidewalk Program; further, the Council does hereby determine that the cost of the said walkway and fence installation is to be reimbursed to the City from the performance bond presently on deposit with the City for the Judson Gardens Subdivision No. 4; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolu- tion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. The following preamble and resolution were offered by Councilman Milligan and supported by Councilman Raymond: #311-73 WHEREAS, the City Council of the City of Livonia, County of Wayne, Michigan, intends to authorize the issuance of motor vehicle high- way fund bonds for the purpose of defraying the City's share of major and local street improvements in the City, and WHEREAS notice of intent to issue bonds must be published at least thirty (30) days before adoption of a resolution authorizing the issuance of the same in order to comply with the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended; 13668 NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Clerk is hereby authorized and directed to publish a notice of intent to issue bonds in the Livonia Observer, a newspaper of general circulation in the City of Livonia, as a display advertisement. 2. Said notice of intent so published shall occupy at least 1/4 normal newspaper page and shall be in substantially the following form: OFFICIAL NOTICE TO ELECTORS AND TAXPAYERS OF THE CITY OF LIVONIA OF INTENT TO ISSUE BONDS SECURED BY THE TAXING POWER OF THE CITY AND RIGHT OF REFERENDUM THEREON PLEASE TAKE NOTICE that the City Council of the City of Livonia, County of Wayne, Michigan, intends to adopt resolutions author- izing the issuance and sale of Motor Vehicle Highway Fund Bonds of the City, pursuant to Act 175, Public Acts of Michigan, 1952, as amended, in total principal amount not to exceed $1,400,000.00, for the purpose of defraying the City's share of major and local street improvements in the City. Said Motor Vehicle Highway Fund Bonds shall mature serially in not to exceed fifteen (15) annual installments with interest payable on the unpaid balance at a rate of not to exceed 6% per annum. SOURCE OF PAYMENT OF BONDS THE PRINCIPAL OF AND INTEREST ON SAID BONDS shall be payable primarily from moneys received by the City from motor vehicle highway funds returned to the City by the State of Michigan and the bonds shall also pledge the full faith and credit of the City of Livonia. IN CASE OF THE INSUFFICIENCY OF SAID MOTOR VEHICLE HIGHWAY FUNDS, THE PRINCIPAL AND INTEREST ON SAID BONDS SHALL BE PAYABLE FROM THE G FUNDS OF THE CITY OR, IF NECESSARY, FROM AD VALOREM TAXES LEVIED UPON ALL TAXABLE PROPERTY IN THE CITY, WITHOUT LIMITATION AS TO RATE OR AMOUNT. RIGHT OF REFERENDUM THE SAID BONDS will be issued without vote of the electors unless a PETITION requesting an election on the question of issuing said bonds, signed by not less than 10% OF THE REGISTERED ELECTORS in the City, is filed with the City Council by depositing the same with the City Clerk WITHIN THIRTY (30) DAYS after publication of this notice. If such petition is filed, the bonds cannot be issued without an approving vote by a majority of electors of the City voting on the question of their issuance. THIS NOTICE is given pursuant to the requirements of Section 5(g) of Act 279, Public Acts of Michigan, 1909, as amended. Further information concerning the matters set out in this notice may be secured from the City Clerk's office. Clerk, City of Livonia 13669 3. This City Council does hereby determine that publica- tion of the above notice in a prominent manner represents the most feasible and practical means of conveying notice of its intention to issue said bonds and of the rights of referendum with respect thereto to the greatest possible number of electors and taxpayers of the City. 4, 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: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. Councilman Ventura gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 24 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 72-10-1:78 FOR CHANGE OF ZONING FROM R-1 TO P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The abo're Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 10 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDI- NANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 71-12-1-74 FOR CHANGE OF ZONING FROM RUF TO P AND P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeti:-g of the Council. 13670 By Councilman Milligan, seconded by Councilman McCann, it was #312-73 RESOLVED, that having considered a communication dated March 26, 1973 from the Michigan Liquor Control Commission with regard to an application from William D. Hoops, Attorney, 2500 Buhl Building, Detroit, Michigan, on behalf of Pizza Hut of Kalamazoo, Inc., for a new full year Class "C" License to be located at 11701 Merriman Road, Livonia, Michigan, the Council does hereby determine to refer the same to its Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Raymond, Milligan, McCann, Bennett and Nash. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement. My 'no' vote is cast because I feel that the petitioner should be given the opportunity to come in and present their plans for the License. By Councilman Ventura, seconded by Councilman Milligan, it was #313-73 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated April 6, 1973, the Council does hereby approve of the request from Perry Drug Stores, Inc. for a new S.,D.M. License to be located at 37376 Six Mile Road, Livonia, Michigan, the action taken herein being made subject to and conditioned upon approval of this request by the Chief of Police, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Con+rol Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #314-73 RESOLVED, that having considered the letter from the Michigan Liquor Control Commission dated April 4, 1973, the Council does hereby approve of the request from Broadway Joe's, Inc. for a new Dance Permit to be held in conjunction with 1972 Class "C" License with Entertainment Permit located at 31735 Plymouth Road, Livonia, Michigan 48150, the action taken herein made subject to and conditioned upon approval of this request by the Chief of Police, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 13671 A roll call vote was taken on the foregoing resolution with the following result• AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #315-73 WHEREAS, pursuant to the direction of the City Council in its resolution No. 102-73, adopted on February 7, 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 3, 1973 an assessment roll dated March 22, 1973 covering the proposed paving of Rensellor Boulevard in Section 1 containing the special assessment to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improverent in said district as designated in Council resolution No, 102-73, 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 Wednesday, May 23, 1973 at 8:00 P. M. to review the said special assess- ment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulat- ed generally in and throughout the City, at least ten (10) days prior to the aforesaid date of May 23, 1973, the City Clerk is also directed to give. notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #316-73 WHEREAS, pursuant to the direction of the City Council in its resolution No. 159-73, adopted on February 21, 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 13672 to the Council under date of April 2, 1973 an assessment roll dated March 23, 1973 covering the proposed paving of Deering Avenue, Five Mile Road to Puritan Avenue, in Section 13 containing the special assessments to be assessed and levied, respectively, in the proposed special assess- ment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 159-73; 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 WEDNESDAY, May 23, 1973 at 8:00 P. M. to review the said special assess- ment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulat- ed generally in and throughout the saidCity, at least ten (10) days prior to the aforesaid date of May 23, 1973; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Milligan, seconded by Councilman Brown, and unanimously adopted it was #317-73 WHEREAS, pursuant to the direction of the City Council in its resolution No. 101-73, adopted on February 7, 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 2, 1973 an assessment roll dated March 27, 1973 covering the proposed street lighting in Livonia Mall Estates Subdivi- sion in Section 2 containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district hereto- fore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 101-73; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it 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 assess- ment roll has been made and filed in the office of the City Clerk for 13673 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, June 25, 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 June 25, 1973, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Milligan, seconded by Councilman Brown, and unanimously adopted, it was #318-73 WHEREAS, pursuant to the direction of the City Council in its resolution No. 1144-72, adopted on December 20, 1972, 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 March 21, 1973 an assessment roll dated March 16, 1973 covering the proposed street lighting in Nottingham Woods West Subdivision No. 2 in Section 8 and Section 9 containing the special assessment to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 1144-72; 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, June 25, 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 June 25, 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. 13674 By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #319-73 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 (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine a Public Hearing will take place before the City Council of the City of Livonia on Monday, June 25, 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. 73-1-6-1 submitted by the City Planning Commission on its own motion to determine whether or not to amend Section 23.03 of Ordinance No. 543, the Zoning Ordi- nance, so as to establish a fee schedule for the R-9 and C-3 Zoning Districts, the City Planning Commission having in its resolution No. 3-49-73 recommended to the City Council that Petition No. 73-1-6-1 be approved; 2. Petition No. 73-2-1-3 submitted by the City Planning Commission on its own motion for a change of zoning of property located on the west side of Farmington Road, north of Seven Mile Road in the Southeast 1/4 of Section 4, from C-2 to C-1, the City Planning Commission having in its resolution No. 3-48-73 recom- mended to the City Council that Petition No. 73-2-1-3 be approved; 3. Petition No. 73-2-1-4 submitted by Robert L. Lussenden for a change of zoning of property located on the southeast corner of Fremont and Norfolk in the Northeast 1/4 of Section 2, from RUF to R-3, the City Planning Commission having in its resolution No. 3-47-73 recommend- ed to the City Council that Petition No. 73-2-1-4 be denied, further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the nature of the proposed amendment 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 incidental to the full performance of this resolution. 13675 By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #320-73 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 Ventura, seconded by Councilman Milligan, it was #321-73 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 12, 1973, approved by the Director of Public Works and the Chairman of the Water and Sewer Board, and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Midwest Mechanical Contractors Inc., 2299 E. Lincoln, Birmingham, Michigan 48012, for the construction of Metering and Pressure Reducing Stations, to be located at Stark Road and Schoolcraft, Haggerty Road and Eight Mile Road, and Schoolcraft College in the City of Livonia in accordance with plans and specifications as prepared by the Engineer- ing Division attached to the aforesaid communication of the City Engineer, for the estimated total cost of $247,024.91 based on the Engineering Division's estimate of units of work involved, and subject to the Final Payment based on the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, and the Council does hereby approve and authorize the expenditure of the foregoing from the Water Department Capital Outlay Account, as provided for in the current Water & Sewer Budget; and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as constructed; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Livonia Housing Commission dated December 19, 1972, approved by the Mayor, which transmits its resolution No. 87-72 wherein the Commission has fixed the annual salary of the Director-Secretary in the amount of $13,187.20 and which requires approval by the City Council in accordance with Section 2-1404 of the Livonia Code of Ordinances, the Council does hereby determine to concur in and approve of the aforesaid action, the effective date of which is made retroactive to and commencing from December 1, 1972. 13676 A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann and Bennett. NAYS: *Brown, **Raymond, Milligan, Nash and Ventura. The President declared the resolution DENIED. *Councilman Brown made the following statement: My 'no' vote is cast because the Council has established a policy against granting retroactive salary increases. **Councilman Raymond made the following statement: My 'no' vote is also cast because of the general policy of the Council with respect to retroactivity. By Councilman Bennett, seconded by Councilman Brown, it was #322-73 RESOLVED, that having considered a communication from the Livonia Housing Commission dated December 19, 1972, approved by the Mayor, which transmits its resolution No. 87-72 wherein the Commission has fixed the annual salary of the Director-Secretary in the amount of $13,187.20 and which requires approval by the City Council in accordance with Section 2-1404 of the Livonia Code of Ordinances, the Council does hereby deter- mine to concur in and approve of the aforesaid action, the same to become effective on the day succeeding the date of the next regular meeting of the Council. A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Ventura, Raymond, Milligan, McCann, Bennett and Nash. NAYS• None. By Councilman Milligan, seconded by Councilman Ventura, it was #323-73 RESOLVED, that having considered a communication from the Livonia Housing Commission dated December 19, 1972, approved by the Mayor, which transmits its resolution No. 90-72, wherein the Commission did establish the position of Secretary of the Livonia Housing Commission as a full-time position, and which requires approval by the City Council in accordance with Section 2-1404 of the Livonia Code of Ordinances, the Council does hereby determine to refer this matter to the Finance Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond and Milligan. NAYS: McCann, Bennett and Nash. The President declared the resolution adopted. 13677 Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 11.03 OF ARTICLE XI OF THE CITY OF LIVONIA ZONING ORDINANCE, AS AMEND- ED, BY ADDING PARAGRAPH (q) THERETO. (Petition 72-12-6-12) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, this 758th regular meeting of the Council of the City of Livonia, was duly adjourned at 9:30 P. M., April 18, 1973. ADDISON 61 City Clerk.