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HomeMy WebLinkAboutCOUNCIL MINUTES 1973-04-04 13613 lbw MINUTES OF THE SEVEN HUNDRED FIFTY-SEVENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On April 4, 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.. In lieu of the customary invocation, the President of the Council offered a moment of silent prayer for Michael Kerby. 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, Carl J. Wagenschutz, City Treasurer; Robert Turner, Police Chief; John Bunk, Fire Chief, Robert E. Osborn, Director of Public Works, John lbw Nagy, City Planner; G. E. Siemert, City Engineer; John T. Dufour, Superintendent of Parks and Recreation; Daniel Gilmartin, Industrial Coordinator; Ronald Mardiros, City Assessor; James Miller, Personnel Director; Jack Dodge, Budget Director; Michael Reiser; and David Merrion of the City Planning Commission. By Councilman McCann, seconded byCouncilman Brown, and unanimously adopted, it was #247-73 RESOLVED, that the minutes of the 756 regular meeting of the Council of the City of Livonia, held March 21, 1973, are hereby approved. The communication from the Department of Law dated March 28, 1973, with respect to Circuit Court Civil Action No. 188-466 R (Livonia Firefighters Association vs City of Livonia) was received and filed for information of the Council. The following preamble and resolution were offered by Councilman Ventura and supported by Councilman Raymond• Iwo 4248-73 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 13614 WHEREAS, the City 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 said 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 Iwo 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 Water Improvements Special Assessment District No. 65 $ 8,355.50 13615 In addition to the special assessments as aforesaid 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; $ 95,000.00 April 1, 1981; $ 80,000.00 April 1, 1982; $ 45,000.00 April 1, 1983. Said bonds shall bear interest at a rate or rates not exceeding five and ninety-hundredths per cent (5.90%) 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 due October 1, 1973 shall be 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. 4. 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 a sum equal to the interest on the bonds due October 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 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 accounted for separately from other funds of the City, in accord- ance with the provisions of Act No. 202, Public Acts of Michigan, 1943, as amended. 13616 5. Said bonds and the attached coupons shall be in substantially the following form: UNITED STATES OF AMERICA 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 antici- pation of collections on various special assessment rolls for the purpose of defraying part of the cost of street, water and sidewalk improvements 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. 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 special assessment funds, from the general funds of the City of Livonia. The liability of each special assessment district is limited in the manner provided in the bond-authorizing resolution. 13617 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, charter 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 corporate seal to be hereunto affixed, and has caused the annexed interest coupons to be signed by the facsimile signature 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 REGISTRATION NOTHING TO BE WRITTEN HEREON EXCEPT BY THE PAYING AGENT Date of Registration Name of Registered Owner • Registrar 13618 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 $1,295,000.00 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 limat19 , until o'clock .m., 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, S19O,000.00 April 1, 1975; S17O,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, $ 95,000.00 April 1, 1981, $ 80,000.00 April 1, 1982, $ 45,000.00 April 1, 1983. Bonds of this issue will not be subject to prior redemption. INTEREST RATE AND BIDDING DETAILS: The bonds shall bear interest at a rate or rates not exceeding 5.90% per annum, to be fixed by the bids therefor, expressed in multiples of 1/8 of 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. 13619 PAYING AGENT: Both principal and interest shall be payable 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 collec- tion of special assessments for street, water and sidewalk improvements 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 representa- tive 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 produces 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, Mich- igan, 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 delivery of the bonds. If the bonds are not tendered for delivery by twelve o'clock noon, Eastern Time, on the 45th day fol- lowing 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 of 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. 13620 THE RIGHT IS RESERVED TO REJECT ANY OR ALL BIDS. ENVELOPES containing the bids should 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) Ibm 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The communication dated March 26, 1973, with respect to Open-Space Land Application (Project No. MICH-OSA-148), was received and filed for the information of the Council. The communication from the Traffic Commission dated March 19, 1973, in response to CR-123-73 (Plymouth Road 0ff-Street Parking), was received and filed for the information of the Council. Councilman Brown gave second reading to the following Ordinance• 13621 AN ORDINANCE AMENDING SECTION 22 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 72-10-1-47 FOR CHANGE OF ZONING FROM C-1 to P.S. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman Bennett, seconded by Councilman McCann, it was #249-73 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated March 14, 1973, approved by the Budget Director and approved for submission by the Mayor, the Council does liw hereby accept the following bids for fertilizer for Parks and the Golf Course as follows: Unit Total Firm Price Price A. W. F. Miller Company 1593 S. Woodward Avenue Birmingham, Michigan 16 ton 12-4-8 Fertilizer for Parks $ 83.05 $1,328.80 26 ton 18-0-9 Fertilizer for Fairways 119.90 3,117.40 $4,446.20 B. Turfgrass, Inc. 365 Woodland Drive South Lyon, Michigan 2 ton 18-5-9 w/benefin for Parks 262.20 524.40 1 ton 18-5-9 50% Organic fertilizer for Greens 130.00 130.00 2 ton 20-0-10 Fertilizer for Greens 133.40 266.80 25 ton 5-10-30 Fertilizer for Greens, Tees & Fairways 80.00 2,000.00 $2,921.20 Grand Total $7,367.40, the same having been in fact low bids meeting specifications for these items. 13622 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #250-73 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated March 13, 1973, approved by the Budget Director and approved for submission by the Mayor, with respect to establishing fees for the Power Skating School, the Council does hereby determine to authorize and approve sib hours of instructions being provided during the months of August and September, the fees for which shall be $15.00 for residents and $20.00 for non-residents. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Milligan, it was #251-73 RESOLVED, that having considered a communication from the Super- intendent of Parks and Recreation dated March 2, 1973, approved by the Budget Director and approved for submission by the Mayor, with respect to the action taken by the City Council in its resolution No. 130-73, wherein the Council did approve an admission fee in the amount of $1.00 to be charged for games conducted during the First Annual High School Invita- tional Hockey Tournament, the Council does hereby determine to amend and revise Council Resolution No. 130-73 so as to provide that revenues received in connection with this activity shall be deposited into the Ice Rink Account No. 595 in lieu of the General Fund. A roll call vote was taken on the foregoing resolution with the following result: AYES• Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #252-73 RESOLVED, that having considered a communication dated March 2, 1973 from the Assistant Assessor, approved for submission by the Mayor, with regard to a request from Mr. J. G. Hubert, Hubert Realty Co., 27840 Plymouth Road, Livonia, Michigan 48150, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed division and combination of Tax Item 10g20 and lOLLlal would not be contrary to the spirit and purpose of the aforesaid ordinance and does, accordingly, approve of dividing and combining of same into two parcels, the legal descriptions of which shall read as follows: 13623 PARCEI, "A" The E. 130 ft. of Lot 20, "Marvin's Robin Hood Sub'n." of part of E. 1/2 of Section 10, T. 1 S., R. 9 E., Livonia Twp. (Now City of Livonia), Wayne Co., Michigan. Rec'd L. 70 P. 83 Plats, W.C.R. ALSO the E. 190 ft. of that part of the SE 1/4 of Section 10, described as: Beginning at a point on the East line of Section 10, distant S. 0° 30' 15" E., 220.15 ft. from the E. 1/4 corner of Section 10; thence proceeding S. 0° 30' 15" E. along said East line 60 ft., thence S. 89° 34' 25" W., 318.79 ft.; thence N. 0° 29' 40" W., 59.62 ft., thence N. 89° 30' 20" E., 318.78 ft. to the point of beginning, except the East 60 ft. thereof. PARCEL "B" Lot 20, except the East 130 ft. thereof, "Marvin's Robin Hood Sub'n." of part of E. 1/2 of Section 10, T. 1 S., R. 9 E., Livonia Twp., (Now City of Livonia), Wayne Co., Michigan, Rec'd L. 70, P. 83 Plats, W.C.R. ALSO that part of the SE 1/4 of Section 10, described as: Beginning at a point on the East line of Section 10, distant S. 0° 30' 15" E., 220.15 ft. from E. 1/4 corner of Section 10, thence proceeding S. 0° 30' 15" E. along said East line 60 ft., thence S. 89° 34' 25" W. 318.79 ft., thence N. 0° 29' 40" W., 59.62 ft. , thence N. 89° 30' 20" E., 318.78 ft. to the point of beginning, except the East 190 ft. thereof, as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was #253-73 RESOLVED, that having considered a communication from the Budget Director dated March 12, 1973, approved for submission by the Mayor, with respect to the action taken by the City Council in its resolution No. 1090-72, adopted on December 13, 1972, wherein the Council did authorize the transfer of the sum of $14,610.80 from the Unexpended Fund Balance Account to certain accounts in certain amounts, the Council does hereby determine to revise and amend Council resolution No. 1090-72 as to auth- orize the transfer of the aforesaid sum of $14,610.80 to the following Accounts in the following amounts in lieu of the action previously taken: 13624 805-706 Planning Technician $ 7,710.80 805-716 Recodification of Zoning Ordinance 4,500.00 805-970 Staff Automobile 2,400.00 $ 14,610.80. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #254-73 RESOLVED, that having considered a communication dated March 14, 1973 from the Michigan Liquor Control Commission with regard to an application from Papageorgiou Bros. Enterprises, Inc., George and Elias Papageorgiou, Stockholders, 35594 Lana Lane, Sterling Heights, Michigan, for a new full year Class "C" license to be located at 29087 Plymouth 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: LAYES: Bennett, Brown, Raymond, Milligan, McCann 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 have the opportunity to appear before us and present his plans. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #255-73 RESOLVED, that having considered a communication dated March 12, 1973 from the City Planning Commission, which transmits its resolution No. 3-52-73 adopted by the Commission on March 6, 1973 with regard to Petition No. 72-9-2-28, submitted by C. R. Lendrum requesting permission to increase the seating capacity of the existing restaurant as a waiver use on property zoned C-2 located on the north side of Six Mile Road, west of Middlebelt Road in the Southeast 1/4 of Section 11, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 72-9-2-28 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. 13625 By Councilman Milligan, seconded by Councilman McCann, it was #256-73 WHEREAS, Act 223 of the Public Acts of 1909, as amended by Act 196 of the Public Acts of 1970, provides for the conveyance of state-owned, tax--reverted lands to municipal units for public purposes; and WHEREAS, Lot 30 except the North 50 feet thereof, Woodlands Village Subdivision of part of the West 1/2 of the Southwest 1/4 of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as recorded in Liber 69, Page 3 of Plats, Wayne County Records, is under the juris- diction of the State of Michigan, Department of Natural Resources, and is available for acquisition under the provisions of the aforementioned acts; and WHEREAS, the City of Livonia, a Michigan Municipal Corporation, desires to acquire said land for public purposes, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and the City Clerk are hereby authorized to make application to the State of Michigan, Department of Natural Resources, Lands Division, for conveyance of said land to the City of Livonia for a nominal fee plus the maintenance cost of the State of Michigan, and BE IT FURTHER RESOLVED, that the City of Livonia shall set up necessary procedures and controls to provide for the proper distribution of funds arising from the subsequent sale of the acquired property in conformity with the aforementioned acts. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #257-73 RESOLVED, that having considered the matter of the proposed installation of a pedestrian overpass at Middlebelt Road and West Chicago, the Council does hereby determine to refer the same to the School Board and City Council Joint Committee for additional consideration. By Councilman McCann, seconded by Councilman Milligan, it was #258-73 RESOLVED, that having considered a communication from the Director of Public Works dated March 2, 1973, approved for submission by the Mayor, the Council does hereby authorize and request the Department of Public Works to do all things necessary to demolish the following described structures and buildings for the reasons indicated in the aforesaid com- munication: (1) Awareness House Stark Road near Lyndon (2) Pump House Joy Road near Harrison (3) Sign Shop Middlebelt south of Seven Mile Road. 13626 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Brown, it was #259-73 RESOLVED, that having considered a communication from the City Planning Commission dated March 7, 1973 to which is attached Invoice No. 9687 dated January 12, 1973, the Council does hereby authorize Final Payment in the amount of $1,500.00 to Barton-Aschman Associates, Inc., 1771 West Howard Street, Chicago, Illinois 60626, which sum represents the full and complete balance due on a contract dated June 5, 1972 between the aforesaid company and the City of Livonia, for professional services rendered in connection with the preparation of a Master Thoroughfare Plan; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #260-73 RESOLVED, that having considered a communication from the City Planning Commission dated March 7, 1973, which transmits a Master Thoroughfare Plan prepared for the City Planning Commission by Barton- Aschman Associates, Inc., Chicago, Illinois, the Council does hereby determine to refer the same to the Committee of the Whole for its con- sideration at a meeting to be conducted on April 9, 1973 at 7:00 P.M. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #261-73 RESOLVED, that having considered a communication from the Cushion tn? Cue Billiard Lounges dated March 8, 1973, with regard to the tournament to be conducted at the said Lounge which is located at 27630 Schoolcraft Road, Livonia, Michigan, i.e. 1973 Michigan Open Mens and Womens Pool Championships, on May 26, 27 and 28, 1973, the Council does hereby deter- mine that for this tournament only on the said dates and location, that the time regulations set forth in Section 4-401 shall be waived to the extent necessary beyond the normal 2:00 A.M. curfew in order to permit completion of matches conducted in connection with this tournament. The following preamble and resolution were offered by Councilman Ventura and supported by Councilman McCann: 13627 #262-73 WHEREAS, by resolution No. 204-73 adopted by the City Council on March 7, 1973, the City of Livonia accepted the offer of the International Election Systems Corporation, for the purchase of seventy- five (75) reconditioned Shoup electrically-operated voting machines, known as the ten column, fifty row machine, for a total price including prepaid freight of $84,120.00; AND WHEREAS, purchase order No. 46970 was duly issued for the purchase thereof; NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, pursuant to Section 774 of Act 116, Public Acts of Michigan, 1954, as amended, determines that Eighty-Four Thousand One Hundred Twenty ($84,120.00) Dollars, being the purchase price, shall be paid by the issuance of certificates of indebtedness to be dated as of the date of the delivery of said certificates, and payable as follows: One (1) certificate of Twelve Thousand One Hundred Twenty ($12,120.00) Dollars, due on April 1, 1974, and four (4) certificates of Eighteen Thousand ($18,000.00) Dollars each, due annually thereafter on April 1st of each of the years 1975 to 1978, inclusive. Said certificates shall bear interest on the unpaid balance at the rate of four and forty-five one-hundredths per cent (4.45%), payable annuRlly each year on the principal payment date until maturity of said certificates. Payment of interest on said certificates shall be 'evidenced by an appropriate notation on each of said certificates as hereinafter set forth. Both principal and interest on said certificates shall be payable at Michigan National Bank, Metro West, Livonia, Michigan. 2. Said certificates shall not be delivered to the International Election Systems Corporation until said voting machines have been delivered to and inspected by the City Clerk and have been found to be in accordance with the terms of the proposal therefor and in all respects satisfactory. 3. Said certificates shall be signed by the Mayor and countersigned by the City Treasurer and City Clerk and have the corporate seal of the City affixed, and that said certificates be delivered to the International Election Systems Corporation. 4. Said certificates shall be typewritten and shall be in substantially the following form: 13628 UNITED STATES OF AMERICA STATE OF MICHIGAN COUNTY OF WAYNE CITY OF LIVONIA 1973 VOTING MACHINE CERTIFICATE OF INDEBTEDNESS No. $ NOW ALL MEM BY THESE PRESENTS that the CITY OF LIVONIA, County of Wayne, State of Michigan, for value received, acknowledges itself indebted and promises to pay to the bearer hereof the sum of DOLLARS lawful money of the United States of America, on the first day of April, A.D., 19 , with interest thereon at the rate of four and forty-five one- hundredths per cent (4.450) per annum, payable annually on the first day of April of each year, both principal and interest to be payable at MICHIGAN NATIONAL BANK, METRO WEST, Livonia, Michigan. Payment of said interest shall be evidenced by an appropriate notation on the Interest Payment Statement hereinafter set forth. This certificate is one of a series of five (5) certificates of like date and tenor, except as to date of maturity and amount, aggregating the sum of $84,120.00, issued for the purpose of paying the cost of seventy-five (75) voting machines sold and delivered to the City of Livonia by International Election Systems Corporation, and is issued under the provisions of Section 774, Act 116, Public Acts of Mich4gan, 1954, as amended. This certificate is payable from the Debt Retirement Fund of the City of Livonia, and the full faith and credit of said City is hereby pledged for the payment of the principal and interest thereof. It is hereby certified and recited that all things required to be done in order to make this certificate a valid and binding obligation of the City of Livonia has been done, and that the total indebtedness of said City, including this certificate, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the City of Livonia, County of Wayne, State of Michigan, by its City Council, has caused this certificate 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 corporate seal to be hereunto affixed, all as of the day of , 1973. CITY OF LIVONIA (SEAL) By Mayor City Treasurer City Clerk 13629 INTEREST PAYMENT DATE as paying agent for the principal and interest on the above certificate, hereby certifies that the following interest payments have been made on the above certificate: Interest Payment Amount of Authorized Date Interest Paid Signature April 1, 1974 $ April 1, 1975 $ April 1, 1976 $ April 1, 1977 $ April 1, 1978 $ 5. The period of usefulness of said voting machines is estimated to be not less than fifteen (15) years. 6. 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: Bennett, Ventura, Raymond, Milligan, McCann and Nash. NAYS: Brown. The President declared the resolution adopted. At the request of the City Clerk, the item on the Agenda with respect to auohorization to issue Highway Fund Bonds (approximately $1,300,000) was removed and will be considered at the Regular meeting to be conducted on April 18, 1973. The petition of residents in area of Hoy and Flamingo, received March 21, 1973, requesting emergency appropriation of funds for permanent storm sewers for both street drainage and rear yard areas, was received and filed for the information of the Council. The communication from Mr. Tartoni, dated March 14, 1973, with respect to a Quit Claim Deed in Section 25, was received and filed for the information of the Council. 13630 *Councilman Brown was excused at 8.32 p. m. By Councilman Milligan, seconded by Councilman Raymond, it was #263-73 RESOLVED, that having considered a communication from the Livonia Housing Commission dated March 26, 1973, approved for submission by the Mayor, and submitted pursuant to Council resolution No. 817-72, with regard to Senior Citizens Housing Needs in the City of Livonia, the Council does hereby determine to concur in the recommendation set forth in the aforesaid recommendation and for this purpose does hereby determine that on May 22, May 29, June 5, and June 26, 1973, Public Hearings shall be conducted at 7.30 P. M. at locations to be determined by the Livonia Housing Commission which are anticipated to be Bentley High School, Churchill High School, Franklin High School and Stevenson High School; further, the Council does hereby authorize the expenditure of a sum not to exceed $500.00 to be expended by the Livonia Housing Commission in connection with the aforesaid public hearings in order to cover the costs of materials, supplies, publishing costs and such other costs as may be incurred in this regard; and the Livonia Housing Commission is hereby requested to do all things necessary in order to cause such proper publica- tion of notice as may be required for the said public hearings; 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: Bennett, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Milligan, it was #264-73 RESOLVED that, Hyman Gold, 31065 Pheasant Run, Farmington, Michigan 48024, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision• Gold Manor Estates Subdivision, located in the N. 1/2 of Section 9, City of Livonia, the said proposed preliminary plat being dated March 12, 1973; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on March 20, 1973, and it further appearing that such preliminary plat, together with development plans and specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated March 23, 1973, therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Subdivision Control Ordinance, being Title 9, Chapter 1 of the Livonia Code of Ordinances, as amended; the Subdivision Regulations of the Planning Commission, the regulations and specifications of the Department of Public Works and the 13631 Development Plans submitted by the proprietor and approved by such depart- ment; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to theCity of Livonia shall be fully paid at the time and in the manner provided in the said Subdivision Control Ordinance, as amended, (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 9-122 of the said Subdivision Control Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shownnon the approved development plans; (5) That the following Cash Payments be made to the City: Trees $ 2,709.00 Street Name Signs 375.00 Street Lighting Notification Sign 75.00 Traffic Control Signs 189.00 Monuments & Markers (cash escrow) 2,295.00 Plan review, field inspection and administration (Engineering fee, 5% before contingencies) 22,565.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Planning Commission as evidence that such plat is in compliance with existing Subdivision Regulations; (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plats as approved herein, and provided there has been compliance with all other requirements of State Statute, the Subdivision Control Act, the Subdivision Control Ordinance and this resolution; (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements the proprietor may file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as shall be approved by the Department of Law guaranteeing the the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period; that in the event the proprietor elects to deposit such financial assurances the same shall be in the following amounts: 13632 General Improvement Bond - $474,400.00, of which at least 10,000.00 shall be in cash. Sidewalk Bond - 22,000.00 of which at least 4,400.00 shall be in cash. (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City ordinances. (10) That the requirement that street improvements be constructed of concrete is waived, and in accordance with the recommendation of the City Engineer, the proprietor shall be permitted to construct deep strength asphalt pavement with concrete curbs and gutters in lieu of concrete pavement as otherwise required by the Plat Ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. *Councilman Brown returned at 8:35 P. M. The communication dated April 3, 1973 from Charles W. Chandler, as well as the communication from Verda Bonello, dated March 22, 1973, with respect to the free medical clinic that is being considered to treat drug abuse and venereal disease, were received and filed for the information of the Council. With respect to the item on the Agenda regarding proposed Special Assess- ment Districts for the improvement of both Denne and Hubbell, south of Plymouth Road, Councilman Ventura requested a division of the question• By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #265-73 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 1, 1973 on all matters required by Section 2-5C6 of the Livonia Code of Ordinances, as amended, and a public hearing having been held thereon on March 19, 1973, as well as a public hearing having been held thereon on March 15, 1971, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 o f seid Code, (1) accept and approve said statement in all respects; 13633 (2) determine to make the improvement consisting of a deep strength asphalt pavement with valley swales (Alternate III) on Denne, south of Plymouth Road in Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said state- ment; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improve- ment of Denne Avenue as set forth in said statement dated February 1, 1973; (4) determine that the estimated cost of such improvement is $47,979.27; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $7,196.89 and that the balance of said cost and expense of said public improvement amounting to $40,782.38 shall be borne and paid by special assess- ments on all lands and premises in the special assessment district as herein established in pro- portion to the benefits to be derived therefrom; (7) determine that assessments made for such improve- ment may be paid in ten (10) annual installments together with interest thereon on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows• A special assessment district located in those parts of Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as containing the following parcels of land: N. W. Section 35 D D25a, 24a2; 24a1; 23a; 22b1; 22a1, 21a; 5a1,6a; 3; 4a1; 30a1; 30b1; 29b1; 29a1; 28a1; 28a2; 27a; 26b2a; 26a1,26bla, as recorded in Wayne County Records. 13634 (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to Each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council; and (10) that upon the completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. By Councilman Ventura, seconded by Councilman Milligan, it was #266-?3 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated February 1, 1973 and in accordance with the provisions of Section 2-506 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed paving of Hubbell Avenue in Section 35, City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on March 19, 1973 pursuant to Council resolution No. 121-73, as well as a public hearing have been conducted thereon on March 15, 1971 pursuant to Council resolution No. 91-71, after due notice as required by Titel 2, Chapter 5 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to table this matter pending receipt of a further report from the City Engineer concerning the several methods of road improvement available based upon soil conditions in the area. A roll call vote was taken on the foregoing resolution with the following result AYES: Brown, Ventura, Raymond and Milligan. NAYS: Bennett, McCann and Nash. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Brown, and unanimously adopted, it was 13635 #267-73 RESOLVED, that having considered a communication dated December 28, 1972 from the City Planning Commission which sets forth its resolution No. 11-312-72 with regard to Petition No. 72-9-1-43 submitted by Brashear, Brashear & Duggan, Attorneys for Diversified Investment Company, for a change of zoning on property located at the northwest corner of Seven Mile Road and Merriman Road in the Southeast 1/4 of Section 3, from R-1 and RUF to P.S., C-1 and P, and the Council having conducted a public hearing with regard to this matter on March 19, 1973, pursuant to Council resolution No. 53-73, the Council does hereby determine to refer this matter to the Committee of the Whole for its consideration at a meeting to be conducted on May 15, 1973 at 7:00 P. M.; and the Council does hereby request the petitioner, in the interim period, meet with representatives of the Merriman-Six Civic Association and the Hillcrest Gardens Associa- tion, as well as certain residents in the immediate area for the purpose of discussion; of a proposed resolution of this matter. By Councilman Ventura, seconded by Councilman Bennett, it was #268-73 RESOLVED, that having considered a communication from the Depart- ment of Law, dated March 21, 1973, transmitting for acceptance a Warranty Deed executed on March 21, 1973 by Nativity United Church of Christ by its president John C. Singer and its secretary, Joan M. Gress, conveying to the City: The west 529.8 feet of Outlot B, also the west 529.8 feet of the vacated street north of and adjacent thereto (formerly West Chicago Road), Cooperspoon Subdivision, as recorded in Liber 74, Page 50, Wayne County Records, said subdivision being a part of the S. W. 1/4 of Section 35 T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty Deed and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city owned and exempt. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Brown, Bennett, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #269-73 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetirgsof the City Council for the months of May and June, 1973; 13636 Wednesday, May 2, 1973, Wednesday, May 16, 1973 Wednesday, May 30, 1973, and Wednesday, June 13, 1973, Wednesday, June 27, 1973. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #270-73 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. Councilman Milligan gave first reading to the following Ordinance: .AN ORDINANCE AMENDING TITLE 5, CHAPTER 3 (TREES, SHURBS AND PLANTS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY AMEND- ING SECTIONS 5-302, 5-313 AND 5-316 THEREOF. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Milligan, seconded by Councilman Bennett, it was #271-73 RESOLVED, that having considered the report of the Legislative Committee dated March 28, 1973 and submitted pursuant to Council Resolu- tion No. 581-72 with regard to the question of amending Section 6-169(h)6 of the Livonia Code of Ordinances concerning the "Frost Law", the Council does hereby determine to take no further action at this time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Raymond, Milligan, McCann and Nash. NAYS: Ventura. The President declared the resolution adopted. Councilman McCann gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 3-113(c) OF TITLE 3 (NUISANCES), CHAPTER 1, ARTICLE 2 (NOISE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 13637 ism A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman McCann gave second reading to the following Ordinance• AN ORDINANCE AMENDING SECTION 6-160(b) OF TITLE 6, CHAPTER 1 (TRAFFIC ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Milligan gave first 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. 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 Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #272-73 RESOLVED, that having considered the report of the Legislative L Committee dated March 28, 1973, submitted pursuant to Council resolution No. 970-72, and a communication dated July 19, 1972 from the City Planning Commission which sets forth its resolution No. 6-177-72 with regard to 13638 lbw Petition No. 72-4-6-9 submitted by the City Planning Commission, pursuant to Council Resolution No. 218-72 to amend Section 9.03 and 10.03 of Ordinance No. 543, the Zoning Ordinance, by adding a new sentence to the waiver use section in the P.S. District and a new paragraph to the waiver use section in the C-1 District to provide special regulations for fraternal or religious organizations, and the Council having conducted a public hearing with regard to this matter on October 9, 1972, pursuant to Council resolution No. 739-72, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 72-4-6-9 is hereby approved and granted except that in Section 10.03(e) of the same, the same shall provide for a waiver by 55% in lieu of 65%, and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #273-73 RESOLVED, that having considered the report of the Legislative Committee dated March 28, 1973 and submitted pursuant to Council resolu- tion No. 1002-72, with regard to a suggestion made by the Madison Civic Association for restricting group use of City parks after 8:00 p.m., the Council does hereby determine to take no further action at this time. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #274-73 RESOLVED, that having considered the report of the Legislative Committee dated March 28, 1973 and submitted pursuant to Council resolu- tion No. 1102-72, with regard to the feasibility of the City acting as an exclusive lottery agent within the City, the Council does hereby deter- mine to take no further action at this time. Councilman Milligan gave first 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. 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. torBy Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was 13639 4275-73 RESOLVED, that having considered the report of the Legislative Committee dated March 28, 1973 and submitted pursuant to Council resolu- tion No. 178-73, with regard to alarm systems connected to the Police Dispatch Board, the Council does hereby request that the Department of Law prepare an Ordinance which would require the licensing of all Alarm Companies on a fee schedule which takes into account false alarm experi- ence, and which ordinance would also require that alarm devices be "Underwriters Laboratory Approve" or equivalent, as approved by the Chief Building Inspector; further, that the Law Department submit its comments with respect to this matter insofar as State preemption of licensing of Alarm Companies is concerned. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #276-73 RESOLVED, that having considered a communication from the Personnel Director dated February 23, 1973, which also bears the signature of the Budget Director and is approved for submission by the Mayor, and which transmits resolutions adopted by the Civil Service Commission on June 6, 1972 and January 24, 1973, wherein it is recommended that the Retirement Plan Ordinance be amended so as to reflect certain changes on retirement benefits which are the result of negotiations with employee organizations and include recommendations submitted by the Board of Trustees of the Livonia Employees Retirement System and the Committee of the Whole having considered this matter at a meeting conducted on March 26, 1973, pursuant to Council resolution No. 226-73, the Council does hereby determine to refer the same to the Finance and Insurance Committee for its report and recommendation. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #277-73 RESOLVED, that having considered a communication dated January 30, 1973 from the City Planning Commission which sets forth its resolution No. 1-10-73 with regard to Petition No. 72-12-6-12 submitted by the City Plan- nine Commission on its own motion to determine whether or not to amend Ordinance No. 543, by adding a new paragraph to provide additional control relating to enclosed theatres, and the Council having conducted a public hearing with regard to this matter on April 2, 1973, pursuant to Council resolution No. 137-73, the Council does hereby concur with the recommenda- tion of the Planning Commission and the said Petition No. 72-12-6-12 is hereby approved and granted, and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. By Councilman McCann, seconded by Councilman Bennett, it was #278-73 RESOLVED, that having considered a communication from the Mayor dated March 1, 1973 with regard to a Management Training Program, the Council does hereby determine to appropriate and authorize the expenditure of a sum in the amount of $2,500.00 from Federal Shared Revenues for this purpose. 13640 A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Ventura, Raymond, Milligan, McCann and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Bennett, it was #279-73 RESOLVED, that having considered a communication from the City Engineer dated March 27, 1973, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communica- tion from the Board of Wayne County Commissioners dated March 23, 1973, with regard to a Topics Project for improving the intersection of Seven Mile Road and Merriman Road, the total cost of which is estimated to be $92,000.00 and the City of Livonia's share being estimated at $18,400.00 (40% of 50% of the total cost), the Council does hereby determine to approve of the said project and the City's participation in the financial cost of the same and for this purpose does hereby authorize an appropria- tion in the amount of $18,400.00 to be expended from the City's Motor Vehicle Highway Fund (Major Road Account) to cover the City's share of the Project cost; further, the Mayor and City Clerk are hereby authorized to execute Agreement No. 73 0206 as submitted by the aforesaid communication for the said Project in behalf of the City of Livonia, upon the same being approved as to form by the Department of Law; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #280-73 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated April 4, 1973, which also bears the signature of the Budget Director and is approved for submission by the Mayor pro tem, the Council does hereby accept the bid of B. J. Ratigan Chrysler-Plymouth, Inc., 30777 Plymouth Road, Livonia, Michigan, for supplying the City with eight (8) marked Police Vehicles, Model Plymouth Fury, (Unit cost $3,289.00) and three (3) unmarked Police Vehicles, Model Plymouth Fury, (Unit cost $3,304.00) for a total cost in the amount of $36,224.00, 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, it was 13641 #281-73 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation Department, dated April 2, 1973, and approved by the Mayor and the Budget Director, wherein the need to proceed with the development and renovation of forty (40) Board of Education baseball diamonds for the use by the City in its Junior Baseball Program this summer is explained as requiring emergency action, the Council does hereby determine, in accordance with Section 2-212(d)(1) of the Livonia Code of Ordinances, to waive the requirement of requiring bids and does hereby determine to authorize the performance of this work by Mr. Alex Zhmendak and his employees on the basis that such work shall be performed in accordance with specifications of the Parks and Recreation Department at the rate of $110.00 per diamond; and the City Clerk and City Treasurer are hereby authorized 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Milligan, and unanimously adopted, this 757th regular meeting of the Council of the City of Livonia, was duly adjourned at 9:30 P. M., April 4, 1973. A ADDISON W. :,CON, Ci y Cle k.