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HomeMy WebLinkAboutCOUNCIL MINUTES 1971-09-22 12430 LMINUTES OF THE SEVEN HUNDRED NINETEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 22, 1971, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:09 P. M.. Councilman Ventura delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Robert E. McCann, Robert D. Bennett and *Edward G. Milligan. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Edward H. McNamara, Mayor; Harry C. Tatigian, City Attorney; Robert E. Osborn, Director of Public Works; G. E. Siemert, City Engineer; John T. Dufour, Superintend- ent of Parks and Recreation; Carl Demek, Superintendent of Operations Division; Frank Kerby, Chief Building Inspector; H. L. Bridges, Assistant City Assessor; Jack Dodge, Budget Director; James Miller, Personnel Director; Thorns J. Griffiths, Jr., Chief Accountant; H. Patrick O'Neill, Director of Civil Defense; and Michael Reiser of the Water and Sewer Board. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #843-71 RESOLVED, that the minutes of the 718th regular meeting of the Council of the City of Livonia, held on September 8, 1971, are hereby approved. The communications dated September 15, 1971 and September 22, 1971 from the Housing Commission, with respect to the progress made on the Senior Citizens Turn Key building, were received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Ventura, and unanimously Ladopted, it was #844-71 RESOLVED, that the Council does hereby acknowledge receipt of the proposed preliminary Budget of the City of Livonia for the fiscal year commencing December 1, 1971, as prepared by the Mayor and filed with the City Clerk on September 14, 1971. 12431 LBy Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #845-71 RESOLVED, that the Council having previously acknowledged receipt of the proposed annual Budget of the City of Livonia for the fiscal year commencing December 1, 1971, as prepared by the Mayor and filed by the Mayor with the City Clerk on September 14, 1971, does hereby determine to set a Public Hearing thereon to be held on Monday, October 18, 1971 at 8:00 p. m. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, in accordance with the provisions of Chapter VII of the City Charter, and the City Clerk shall give notice of such public hearing in accordance and pursuant to provisions of the City Charter. By Councilman Raymond, seconded by Councilman Ventura, it was #846-71 RESOLVED, that having considered a verbal request of the Budget Director and the City Clerk, the Council does hereby authorize the advance of a sum not to exceed $10,000.00 from the Unexpended Contingency Fund to the City of Livonia Emergency Employment Payroll Account, said advance to be reimbursed immediately upon receipt of Federal Funds due from a recent Federal Grant under the Emergency Employment Act. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Bennett, Brown and Nash. NAYS: None. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 20 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. 71-2-1-6 FOR CHANGE OF ZONING FROM R-2 TO R-1. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: 12432 AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (PETITION NO. 71-5-3-2) A roll cR'1 vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2.10 OF ARTICLE II OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY AMENDING PARAGRAPH (2) THEREOF. RE: PETITION NO. 71-3-6-1, DEFINITIONS OF MISCELLANEOUS TERMS. LA roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. *Councilman Milligan arrived at 8:16 p. m. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 35 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. 71-3-1-15 FOR CHANGE OF ZOINING FROM R-1 TO P. A roll call vote was taken on the foregoing Ordinance with the following result: LAYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. 12433 By Councilman Brown, seconded by Councilman McCann, it was #847-71 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated August 31, 1971, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Baird Fence Company, 23510 Joy Road, Detroit, Michigan, in the amount of $1,983.00 for materials and installation of a fence at the lighted baseball diamond at Ford Field, the same having been in fact the lowest bid received with respect to this item; further, the Council does hereby appropriate and authorize the expenditure of the additional sum of $565.30 from the 4.4 Million Dollar Parks and Recreation General Obligation Bond Issue for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #848-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated August 27, 1971, and approved for submission by the Mayor, the Council does hereby accept the bid of A & L Spray Foam Company, Box 345, Oxford, Michigan 48051, for the installation of insulation on the roof of the Equipment Storage Garage covering 4,675 square feet for a total price of $1,275.00, the same having been in fact the lowest and only bid received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #849-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated August 24, 1971, and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Holmes Tire and Supply, Michigan Division, 33180 Industrial Road, Livonia, Michigan 48150, for supplying Passenger Car Tires to the City of Livonia for a period of one year from the effective date of this resolution, as follows: POLICE TIRES D.P.W. TIRES 4+2, h78/15 $24.46 G78/15 $19.00 the same having been in fact the lowest bid received for this item. 12434 A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #850-71 RESOLVED, that having considered a communication from the Livonia Eire Division dated August 30, 1971, approved by the Director of Public Safety-Fire and the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Peter F. Payette Co., 8110 Macomb, P. 0. Box 65, Grosse Ile, Michigan 48138, for supplying 3,000 feet of 1-1/2 inch Fire Hose for the sum of $4,050.00 ($1.35 per foot), the same having been in fact the lowest bid received for this item; and the Council does hereby appropriate and authorize the expenditure of the aforesaid sum from the 1968 Fire Department General Obligation Bond Issue for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #851-71 RESOLVED, that having considered a communication from the Mayor, dated August 30, 1971, with regard to the purchase of materials for the installation of sod and a sprinkling system at the new District Court Building, the Council does hereby appropriate and authorize the expendi- ture of the sum of $5,500.00 from the Unexpended Balance Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #852-71 RESOLVED, that having considered a communication from the Superintendent of Parks & Recreation dated August 27, 1971, approved by the Budget Director and approved for submission by the Mayor,the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $1,000.00 from the 4.4 Million Dollar Parks and Recreation General Obligation Bond Issue for the purchase of materials, by the Parks Division, necessary to fertilize and seed the area being developed in Parksite J in Section 10. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. 12435 By Councilman Raymond, seconded by Councilman Ventura, it was #853-71 RESOLVED, that having considered a communication from the Personnel Director dated August 27, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted on August 17, 1971 by the Civil Service Commission with regard to actuarial services performed in connection with an actuarial valuation of proposed amendments to the City of Livonia Employees Retirement System by the firm of Gabriel, Roeder, Smith & Company, the Council does hereby transfer the sum of $385.00 from the Unexpended Balance Account to Account No. 246-702, Professional Services, for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Bennett, it was #854-71 RESOLVED, that having considered a communication from the Personnel Director dated August 24, 1971, approved by the Budget Director and approved for submission by the Mayor and which also reflects agreement by Union Local 192 with respect to a resolution adopted by the Civil Service Commission on August 17, 1971 wherein it is recommended as follows : 1. Establish a classification of Building Mechanic III with the following wage range: Step 1 Step 1-1/2 Step 2 Annual $10,088.00 $10,296.00 10,50 .00 Bi-Weekly 388.00 396.00 404.00 Hourly 4.85 4.95 5.05 2. Reclassify the present two (2) budgeted positions of Building Mechanic II to the new classification of Building Mechanic III. 3. Reclassify two (2) of the four (4) budgeted positions of Building Mechanic I to Building Mechanic II, the Council does hereby concur in and approve of the foregoing action, the same to be made retroactive and commencing from December 1, 1970. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, it was 12436 #855-71 RESOLVED, that having considered a communication from the Personnel Director dated August 27, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on August 17, 1971, wherein it is recommended that certain amendments relative to improved weekly indemnity benefits for permanent part-time employees, to become effective July 1, 1971 as submitted by the Great-West Life Assurance Company, be formally approved by the City Council, the Council does hereby determine to approve of such action and for this purpose does hereby authorize the City Clerk to sign on behalf of the City of Livonia the same amendment to the City's policy with Great-West Life Assurance Company as an amendment to Group Policy No. 4199GH. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #856-71 RESOLVED, that the preliminary plat of the proposed Tiffany Park Subdivision No. 6 situated in the West 1/2 of Section 19, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on July 7, 1970, by its resolution No. 7-75-70, and approved by the City Council on August 11, 1971 by its resolution No. 768-71, and a report dated August 25, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, indicating that substantial compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Commission having approved the final true plat on August 24, 1971 in its resolution No. 8-241-71, the Council does hereby determine to grant its approval to the Final Plat of Tiffany Park Subdivision No. 6 located in the West 1/2 of Section 19, City of Livonia, Wayne County, Michigan, as submitted by the Republic Development Corporation, 14201 W. Eight Mile Road, Detroit, Michigan, as proprietors, the proprietors thereof being required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, the Plat Ordinance of the City of Livonia, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Raymond, and unanimously adopted, it was 12437 #857-71 RESOLVED, that having considered a communication from the Water and Sewer Division dated August 3, 1971, approved for submission by the Mayor, with regard to water consumption at the Whispering Willows Municipal Golf Course, the Council does hereby refer the same to its Water and Sewer Committee for a report and recommendation. By Councilman Bennett, seconded by Councilman Raymond, and unanimously adopted, it was #858-71 RESOLVED, that having considered a communication from the Blue Grass Farms Civic Association dated September 5, 1971, wherein it is requested that the City consider the purchase of Parcel Llb located in Section 18, and which has an area of 5.6 acres, as an addition to certain park sites in the area, the Council does hereby refer the same to the Parks and Recreation Commission for its report and recommendation. By Councilman McCann, seconded by Councilman Bennett, it was #859-71 RESOLVED, that having considered a communication from the City Engineer dated September 3, 1971, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the installation of sidewalks on the east side of Henry Ruff Road between Lyndon Avenue and Five Mile Road, the cost of which is to be defrayed entirely by the City of Livonia and the Livonia Board of Education, the Council does hereby authorize the installation of said sidewalk, approximately 626 1.f. of sidewalk in front of the Roosevelt Elementary School property (estimated cost $2,300.00) and 980 l.f. of sidewalk in front of the Algonquin Park Site (estimated cost $3,630.00) and approximately 880 1.f. of sidewalk alPng the side of privately owned residential property (estimated cost $3,230.00) on the basis that the School Board 'would agree to pay the sum of $2,300.00 for such work and the balance in the amount of $6,860.00 be paid for by the City of Livonia, such work to be performed as an addition to the City's current 1971 miscellaneous sidewalk contract with Mon-Ton Concrete, Inc.; and the Council does hereby appropriate and authorize the expenditure of the sum of $6,860.00 from the 9.8 Million Dollar Street and Road General Obligation Bond Issue for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #860-71 RESOLVED, that having considered a communication from the Personnel Director dated September 8, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on September 7, 1971 wherein it is recommended that a three-year agreement be entered into by the City of Livonia and the Livonia Municipal Confidential Secretaries Association 12438 L for the period from December 1, 1970 through November 30, 1973, wherein it further recommended that the Council concur in adopting the necessary amendments to the compensation plan and the insurance and disability plans to effectuate such agreement, the Council does hereby approve and concur in the action taken by the Civil Service Commission including amendments to the Compensation Plan and the Insurance and Disability Plans and does hereby authorize the Mayor and City Clerk on behalf of the City of Livonia to execute the proposed agreement with the Livonia Municipal Confidential Secretaries Association as well as do all other things necessary or incidental to the f1311 performance of this resolution; and further, the Council does hereby transfer the sum of $17,010.00 from the Unexpended Balance Account to the following accounts in the following amounts: General Fund Department Salaries Activity Department & No. Name Wages Retirement Total 111 City Clerk $ 1,065 $ 69 S1,134 210 Budget 1,065 69 1,134 222 Legal 3,195 207 3,402 220 Civil Service 1,065 69 1,134 304 Police Administration 1,065 69 1,134 L 336 451 Fire Civil Defense 1,065 69 1,134 Engineering 1,065 1,065 69 429 69 1,134 1,134 486 Operations 1,065 69 1,134 708 Parks and Recreation 1,065 69 1,134 738 Library 1,065 69 1,134 803 Industrial Development 1,065 69 1,134 805 City Planning 1,065 69 1,134 TOTAL $15,975 $1,035 $ 17,010 and further, the budget of the Water Department of the Water and Sewer Division is hereby amended to include the sum of $326.00 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, and unanimously L adopted, it was #861-71 RESOLVED, that the Traffic Commission is hereby requested to investigate the feasibility of lowering the speed limit from 30 mph to 25 mph on Stark Road between Lyndon Road and Schoolcraft Road and on Lyndon Road between Farmington Road and Stark Road; further, the Council requests that the Chief of Police implement the foregoing action on a 90 day basis, pursuant to Section 6-106(c) of the Livonia Code of Ordinances. 12439 By Councilman Raymond, seconded by Councilman McCann, it was #862-71 RESOLVED, that having considered a communication from the Depart- ment of Law, dated September 13, 1971, transmitting for acceptance a Grant of Easement dated September 9, 1971 executed by Borin Investment Company, a Michigan Co-Partnership by Ralph Borin, Partner, granting to the City: The East 10 feet of the West 15 feet of the South 143.97 feet of Lot 10 of "Globe Industrial Subdivision" of part of the S. W. 1/4 of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan the Council does hereby determine for and in behalf of the City of Livonia to accept the Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #863-71 RESOLVED, that having considered a communication from the Depart- ment of Law, dated September 7, 1971, transmitting for acceptance a Grant of Easement dated August 23, 1971 executed by Unity Realty Company by its president Jack Coleman, and Chicago Mortgage Company by its president George Fleischer, granting to the City: Description - Sanitary Sewer Easement An easement for sanitary sewer purposes, over and across a parcel of land, 12 ft. in width, located in the SE 1/4 of Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, said easement being situated 6 ft. on each side of the following described centerline: Commencing at the NW corner of Outlot "A" of "Madonna Estates Sub'n." as rec'd L. 86, P. 34 & 35 Plats, W.C.R. ; thence S. 0° 21' 32" E. along the West line of said Outlot "A" 21.0 ft. to a point, said point being the Westerly Terminus and the point of beginning of the easement centerline herein described; thence due East 276 ft. to a point; thence S. 71° 26' 50" E., 132 ft. to the East line of Outlot "A" and the easterly Terminus of the easement centerline herein described. Description - Watermain Easement An easement for water main purposes over and across a parcel of land, 12 ft. in width, located in the SE 1/4 of Section 20, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, said easement being situated 6 ft. each side of the following described centerline: 12441 That part of Section 4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as being the E. 3/8 of the W. 1/2 of the S.W. 1/4 of Section 4, except the N. 15 acres thereof. (Bureau of Taxation Parcel 04FF2) 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, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was 8866-71 RESOLVED, that having considered a communication from the Depart- ment of Law, dated August 30, 1971, transmitting for Council acceptance a Quit Claim Deed dated August 12, 1971 executed by Clarence W. Goforth and Daphne Goforth, his wife, conveying to the City: The East 30 feet of part of N.E. 1/4 of Section 24, T. 1 S., R. 9 E., beginning S. 89° 49' W, 658 feet from N.E. corner of Section 24, thence S. 0° 19' 30" E, 660 feet, thence S. 89° 49' W. 167.09 feet, thence N. 0° 24' 15" w, 660 feet, thence N. 89° 49' E. 168 feet to point of beginning, except the S. 420 feet thereof, also except N. 60 feet thereof. (Bureau of Taxation Parcel 24B1a) (Cavell Avenue Right-of-Way) the Council does hereby determine for and in behalf of the City of Livonia to accept the Quit Claim Deed and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES : Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. 12440 Commencing at the NW corner of Outlot "A" of "Madonna Estates Sub'n." as rec'd in L. 86, P. 34 & 35 Plats, W.C.R.; thence S. 00 21' 32" E. along the West line of said Outlot "A" 48 ft. to a point, said point the Westerly terminus and the point of beginning of the easement centerline herein described, thence due East 53 ft. to a point, said point beginning the Easterly terminus of the easement centerline herein described. the Council does hereby determine for and in behalf of the City of Livonia to accept the Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was 064-71 RESOLVED, that having considered a communication from the Depart- ment of Law, dated August 17, 1971, transmitting for Council acceptance a Grant of Easement dated July 30, 1971, executed by Kendall Building Company, a Michigan Corporation, by Sidney S. Baron, President, granting to the City: The E. 4 feet of the W. 10 feet of Lot 281 of Bai-Lynn Park Sub. No. 8, of part of the S.W. 1/4 of Section 23, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan the Council does hereby determine for and in behalf of the City of Livonia to accept the Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, it was #865-71 RESOLVED, that having considered a communication dated September 9, 1971 from the Department of Law, submitted pursuant to council resolu- tion No. 750-71, transmitting for acceptance a Warranty Deed dated September 8, 1971, executed by Sam Willis and Gertrude A. Willis, his wife, Milton M. Lappin and Ethel Lappin, his wife; Joseph Cabot and Ruth W. Cabot, his wife; Albert B. Shulman and Della S. Shulman, his wife, convey- ing City Park Site Designation E-22 which park site is more particularly described as: 12442 By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #867-71 RESOLVED, that having considered a communication dated July 28, 1971 from the City Planning Commission which transmits its resolution No. 7-210-71 adopted by the Commission on July 20, 1971 with regard to Petition No. 71-4-2-16 submitted by Begrow and Brown, Architects for Clarenceville United Methodist Church requesting permission to erect and connect a sanctuary, chapel and administrative offices to the existing educational unit and fellowship hall of the Clarenceville United Methodist Church as a waiver use on property zoned RUF located on the east side of Middlebelt Road between Morlock and Norfolk Avenue in the Northwest 1/4 of Section 1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 71-4-2-16 is hereby approved and granted, such action to be based upon the same condition as is set forth in the aforesaid recommendation of the Planning Commission. The communication dated August 25, 1971, from the Planning Commission, transmitting the information that Petition #70-10-1-38, for a change of zoning on the north side of Seven Mile Road between Middlebelt and Parkville in Section 1, has been withdrawn by the petitioner, was received and filed for the information of L the Council. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #868-71 RESOLVED, that having considered a communication dated September 1, 1971 from Robert J. Eliassen, Robert J. Eliassen & Sons, a partnership, 7155 Parkhurst Drive, Birmingham, Michigan, which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on August 24, 1971 by the City Planning Commission in its resolution No. 8-233-71 with regard to Petition No. 71-7-2-28 submitted by Robert J. Eliassen requesting per- mission to construct a Flame Restaurant as a waiver use on property zoned C-2 and located on the east side of Farmington Road between Eight Mile Road and. Norfolk in the Northwest 1/4 of Section 3, the Council does hereby designate Monday, November 8, 1971 at 8:00 P. M. as the date and time for conducting a Public Hearing with regard to this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by the publication of a notice in the City's official newspaper of such hearing and the date and place L thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. 12443 By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #869-71 RESOLVED, that having considered a communication dated September 7, 1971 from the City Planning Commission, which transmits its resolution No. 8-232-71 adopted by the Commission on August 24, 1971 with regard to Petition No. 71-7-2-24 submitted by Robert S. Rice requesting permission to construct a funeral home as a waiver use on property zoned P. S. located on the north side of Five Mile Road between Levan Road and Golfview in the Southeast 1/4 of Section 17, the Council does hereby determine to refer this matter to the Study Session to be conducted on September 27, 1971. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #870-71 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (M.S.A. Section 5.2934) as well as Article XXIII of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Monday, November 8, 1971, 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. 71-6-1-43 submitted by Kenneth J. Morris for 3M Leasing Company for a change of zoning on property located on the north side of Schoolcraft between Berwick and Hubbard in the Southeast 1/4 of Section 22, from RUF to P.S., the City Planning Commission having in its re- solution No. 8-234-71 recommended to the City Council that Petition No. 71-6-1-43 be approved; 2. Petition No. 71-7-1-48 submitted by Rodney C. Kropf, Attorney for Pro-Systems, Inc. , for a change of zoning of property located north of Seven Mile Road and west of Parkville Avenue in the Southwest 1/4 of Section 1 from RUF to C-2 and P. , the City Planning Commission having in its resolution No. 8-235-71 recom- mended to the City Council that Petition No. 71-7-1-48 be approved, 3. Petition No. 71-6-1-44 submitted by the City Planning Commission on its own motion for a change of zoning of property located on the southeast corner of Six Mile and Farmington Roads in the Northwest 1/4 of Section 15 from C-1 to RUF, the City Planning Commission having in its resolution No. 8-235-71 recommended to the City Council that Petition No. 71-6-1-44 be approved; 12444 4. Petition No. 71-6-1-45 submitted by Donald L. Meyers, Attorney for Frances M. Bower, for a change of zoning of property located on the south side of Six Mile Road and west of Middlebelt Road in the Northeast 1/4 of Section 14 from RUF to C-2, the City Planning Commis- sion having in its resolution No. 8-222-71 recommended to the City Council that Petition No. 71-6-1-45 be denied; 5. Petition No. 71-6-1-42 submitted by the City Planning Commission on its own motion for a change of zoning of property located south of Seven Mile Road between Harrison Avenue and Lathers in the Northeast 1/4 of Section 12 from RUF to P., the City Planning Commission having in its resolution No. 7-206-71 recommended to the City Council that Petition No. 71-6-1-42 be approved; 6. Petition No. 71-6-1-41 submitted by the City Planning Commission on its own motion for a change of zoning of property located on the west side of Newburgh Road, south of Six Mile Road in the East 1/2 of Section 18 from R-3 to P. L., the City Planning Commission having in its resolution No. 7-203-71 recommended to the City Council that Petition No. 71-6-1-41 be approved, 7. Petition No. 71-6-1-38 submitted by Hearthstone Homeowner's Association for a change of zoning of property located south of Eight Mile Road at the entrance to the Hearthstone Subdivision in the North 1/2 of Section 1 from C-1 to P.S., the City Planning Commission having in its resolution No. 7-205-71 recommended to the City Council that Petition No. 71-6-1-38 be approved, further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing cause to have a statement indicating the location of the proposed 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. 12445 Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 33 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. 71-3-1-14 FOR CHANGE OF ZONING FROM P.L. TO R-1. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Ventura, seconded by Councilman McCann, it was #871-71 RESOLVED, that having considered a communication from the City Engineer dated August 26, 1971, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release of the Cash Escrow deposit to the proprietor in the amount of $2,500.00 with respect to the installation of survey monu- ments in the Tiffany Park Subdivision No. 5 which was previously required in Council Resolution No. 1225-69 based upon the certification from the Planning Engineer, Hubbell, Roth & Clark, Inc., a copy of which certifica- tion is attached to the aforesaid communication, it appearing that all lot corners and principle monument points have now satisfactorily been installed in accordance with the rules and regulations and ordinances of the City of Livonia; 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: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #872-71 RESOLVED, that having considered a communication dated August 25, 1971 from the City Planning Commission regarding the Workable Program for Community Improvement submitted pursuant to Section 101 of the Housing Act of 1949, as amended, to the Department of Housing and Urban Develop- ment, the Council does hereby determine that it has reviewed the City of Livonia's current Workable Program and does hereby approve of same for its bi-annual submission in order to obtain Program recertification; by such approval, the City Council confirms its obligation to use its authority and local public and private resources in an effective plan of action to prevent and eliminate blight as well as to submit a bi- annual report of progress to the Area Director of the Department of Housing and Urban Development. 12446 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. The communication dated September 8, 1971 from the Department of Law, transmitting a letter to the Mayor from the Department of Housing and Urban Development in connection with PROJECT MICH-OSA-58, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #873-71 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated August 19, 1971, approved for submission by the Mayor, with regard to the naming of nineteen (19) additional park sites, the Council does hereby refer this matter to the Study Session to be conducted on October 11, 1971. LThe communication dated September 2, 1971 from the Department of Law, with respect to the use of Ford Athletic Field for a Baseball School (CR-218-71), was received and filed for the information of the Council. The following resolution was unanimously introduced, supported and adopted #874-71 RESOLVED, that having considered a letter from Mr. Jerry Farrell, Eagle Unit Director of Livonia Junior Football League, dated September 12, 1971, with regard to conducting a Family Day Parade on September 26, 1971 in the following manner: Assembly area and time - The parade will leave 14158 Cavell, going north on Cavell to Bentley, left on Bentley or west one block to Cardwell, right on Cardwell or north to Lyndon and west on Lyndon to Berwick, then north to Bentley High School parking lot - the approximate time of the parade to be from 11:00 a.m. to 12:00 noon, the Council does hereby grant permission to the Eagle Unit for conducting a Family Day Parade and does further request that the Director of Public Safety extend all the necessary assistance of the Police Department with L respect to all matters under its jurisdiction which may be required and pertinent to the conduct and success of such parade activities; further, same approval is hereby given to various other units of the Livonia Junior Football League. 12447 By Councilman Brown, seconded by Councilman Raymond, it was #875-71 WHEREAS, pursuant to the direction of the City Council in its resolution No. 1110-70 adopted on November 25, 1970, and in accordance with Section 2-509 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 5, 1971 an assessment roll dated December 21, 1970 covering the proposed installation of sidewalks on Six Mile Road from Merriman to Newburgh Roads in Sections 8, 9, 10, 15, 16 and 17, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council resolution No. 1110-70; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, November 8, 1971 at 8:00 p. m. to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of November 8, 1971; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Brown and Nash. NAYS: Bennett. The President declared the resolution adopted. The communication dated August 23, 1971 from the Livonia Environmental Awareness Center with respect to the Recycling Center and L.E.A.C., was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Milligan, it was 12448 #876-71 RESOLVED, that having considered the report and recommendation dated June 18, 1971 from the City Planning Commission which sets forth its resolution No. 5-130-71 in regard to Petition No. 71-4-1-20 submitted by Harold E. Edwards for a change of zoning on the west side of Newburgh Road between Five Mile Road and Six Mile Road in the East 1/2 of Section 18 from R-3 to R-7, and the Council having conducted a public hearing with regard to this matter on September 13, 1971 pursuant to Council resolution No. 702-71, the Council does hereby refer this matter back to the City Planning Commission for additional information and particularly a comprehensive plan for the development of the entire area including consideration of the contingency that the property owned by the School District may not be used by the schools. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, Bennett and Brown. NAYS: McCann and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Brown, it was #877-71 RESOLVED, that having considered the report and recommendation dated June 21, 1971 from the City Planning Commission which sets forth its resolution No. 5-133-71 in regard to Petition No. 71-4-1-22 submitted by The Taubman Company, Inc., for a change of zoning on the northeast corner of Plymouth Road and Sears Avenue in the Southwest 1/4 of Section 26 from M-1 to C-2, and the Council having conducted a public hearing with regard to this matter on September 13, 1971, pursuant to Council resolution No. 702-71, the Council does hereby concur with the recommenda- tion of the Planning Commission and the said Petition No. 71-4-1-22 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #878-71 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 21, 1971 on all matters required by Sections 2-506 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on September 13, 1971, after due notice as required by Section 2-507 of said Code, and careful considera- tion having been given to all such matters,the Council does hereby, pursuant to Section 2-508 of said Code: 12449 (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of ornamental street lighting with underground wiring in Tiffany Park Subdivision No. 5 in Section 19, City of Livonia, Wayne County, Michigan, as described in said statement; and de- fray the cost of such improvement by special assess- ment upon the property especially benefited in pro- portion to the benefits derived or to be derived; (3) approve the plans and specifications for the im- provement as set forth in said statement dated June 21, 1971; (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; (5) determine that the assessment made for such im- provement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: A special assessment district located in the S.W. 1/4 of Section 19, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as Proposed plat of Tiffany Park Sub- division No. 5, part of the S.W. 1/4 of Section 19, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and comprising Lots 483 to 562 both in- clusive, and described as Commencing at the W. 1/4 corner of Section 19, T. 1 S., R. 9 E., thence along the West line of said Section 19, S. 00° 18' 00" W. 374.43 feet to the point of beginning, thence S. 89° 06' 00" E. 300.16 feet; thence S. 46° 17' 52" E. 62.04 feet, thence S. 89° 57' 40" E. 24.95 feet; thence N. 00° 02' 20" E. 140.00 feet; thence in part along the South line of Castle Gardens Subdivision No. 7 as recorded in Liber 87, Pages 76, 77 of plats. S. 89° 43' 12" E., 566.63 feet, and along a curve to the left with a radius of 500.00 feet, a central angle of 28° 56' 25", an arc of 252.55 feet and a chord bearing N. 75° 48' 36" E., 249.88 feet, and along a curve to the right with a radius of 440.00 feet, a central angle of 12° 51' 19", an arc of 98.72 feet and a chord bearing N. 67° 46' 03" E., 98.51 feet to a point on the West boundary of Tiffany Park Sub- division, as recorded in Liber 87, Pages 58, 59 and 60; thence along the West boundary of said Tiffany 12450 Park Subdivision S. 00° 02' 20" E., 880.16 feet; thence N. 89° 43' 00" w., 848.95 feet; thence along a curve to the right with a radius of 2270.00 feet, a central angle of 16° 19' 29", an arc of 646.77 feet and a chord bearing N. 40° 50' 57" W. , 644.58 feet to a point on the West line of said Section 19; thence along the West line of said Section 19, N. 00° 18' 00" E., 200.22 feet to the point of beginning, con- sisting of 80 lots and containing 19.88 acres; (7) direct the City Assessor to prepare a special assess- ment roll in accordance with the Council's deter- mination on said statement as prepared by the City Engineer dated June 21, 1971, and; (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 2 Chapter 5 of the Livonia Code of Ordinances. By Councilman Milligan, seconded by Councilman Bennett, it was #879-71 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 98 more particularly described in Council resolution No. 407-71 adopted on May 5, 1971, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed on Deering Avenue, north of Joy Road, City of Livonia, Wayne County, Michigan, in said Special Assessment District No. 98; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said. Special Assessment District No. 98 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. 98 based on installation of ornamental poles and underground wiring is hereby approved and confirmed in all respects pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended the City Clerk shall endorse the date of confimation on the Assessment Roll, and the assessment shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this plrpose. 12451 L A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #880-71 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 99 more particularly described in Council Resolution No. 406-71 adopted on May 5, 1971, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed on Cardwell Avenue, between Plymouth Road and West Chicago, City of Livonia, Wayne County, Michigan, in said Special Assessment District No. 99, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No. 99 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. 99 based on installation of ornamental poles and underground wiring is hereby approved and confirmed in all respects pursuant to the provisions of Section 2-513 of the Livonia Code of Ordi- nances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was #881-71 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 16, 1971 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on September 13, 1971, after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code, 12452 (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of street improvement in Coventry Gardens Subdivision in Section 16, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improve- ment as set forth in said statement dated July 16, 1971; (4) determine that the estimated cost of such improvement is $127,300.00, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $12,241.00 and that the balance of said cost and expense of said public improvement amounting to $115,059.00 shall be borne and paid by special assess- ments on all lands and premises in the special assess- ment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in three (3) 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 Section 16, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as containing the following parcels of land: Coventry Gardens Subdivision -- Section 16a, Lots 1 thru 11; 18b thru 25, 42 & 43, 45 thru 48; 49 thru 53a, 44a; 53b thru 57, 44b; 58 thru 143; 145 thru 152; 168, 169, 180 thru 183, 209 thru 230; 242 thru 250; 268 thru 276; 282 thru 461, 462, 463 & 507b; 464 thru 507a; 508, 509, 568 & 569, 510, 511, 566, 567, 512, 513, 564, 565, 514, 515, 562, 563, 518, 519, 558, 559, 520, 521, 556, 557, 539 thru 555; 560 & 561; 570 thru 650; 651, 684 & 685; 652 thru 683; 686a, 703b, 705b; 686b, 687 & 688, 689 thru 713; 714, 715 & 744b, 716 thru 732; 733, 734a, 740c, 741b; 734b, ?35, 740b; 736 thru 752, 753, 754 & 782, 755 thru 781; as recorded in Liber 55, Page 34 and. 35 Wayne County Records, 12453 also OLAla as recorded in Wayne County Records; also Coventry Woods Subdivision -- Section 16b-Lots 22b & 23a; 23b; 24a; 24b; 25, 42 as recorded in Liber 81, Page 56 and 57 of Wayne County Records; also 16B1b1; Blb2; Blb3; B2a as recorded in Wayne County Records; (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 lend 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 Milligan, seconded by Councilman Bennett, it was #882-71 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 100 for the installation of sidewalks on Newburgh Road between Schoolcraft and Seven Mile Roads in Sections 8, 17, 18 and 19, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, September 13, 1971 at 8:00 p. m. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of sidewalk improvements to be constructed in Special Assessment District No. 100; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments: NOW, THEREFORE, BE IT RESOLVED, THAT: 12454 (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated June 21, 1971, in the amount of $40,677.72, are fair and equitable and based upon benefits to be derived by construction of improve- ments proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, (2) Said Special Assessment Roll No. 100 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into five (5) equal annual installments with interest at a rate not to exceed eight percent (8%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1972. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each in- stallment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1972 and subsequent installments on December 1st of succeeding years, (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty (60) days from December 1, 1972 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1972 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after. December 1, 1972 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided however, that when any annual installment shall have been prepaid in the manner pro- vided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments; 12455 (6) The City Council having determined to pay the sum of $2,821.92 as the City's proportion of the cost and expense of this improvement within the said district, the sum of $2,821.92 is hereby authorized to be expended from the 9.8 Million Dollar General Obliga- tion Street and Road Bond Issue to cover the City's cost of said project. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: Ventura. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #883-71 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated July 16, 1971 on all matters required by Section 2-506 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on September 13, 1971 after due notice as required by Section 2-507 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code, (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of street improvement on Antago Street between Seven Mile Road and Vassar Avenue in Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improve- ment as set forth in said statement dated July 16, 1971; (4) determine that the estimated cost of such improvement is $12,000.00; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions hereafter established; (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be $921.00 and that the balance of said cost and expense of said public improvement amounting to $11,078.40 shall 12456 be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom; (7) determine that assessments made for such improvement may be paid in three (3) 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 Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being more particularly described as containing the following parcels of land: Botsford Park Subdivision, Section Ola, lots 221 thru 244; 245, 246 & 01MM3; 247 thru 272 as re- corded in Liber 53, Page 77, Wayne County Records. also 01MM2 and 01NNla as recorded in Wayne County Records; (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 determina- tion 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, and unanimously adopted, it was #884-71 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. 12457 By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was 8885-71 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated September 14, 1971, and submitted pursuant to Council resolution Nos. 61-71 and 601-70, with respect to the proposed Site Plan Review and Approval Amendment to the Zoning Ordinance as originally proposed in Petition No. 69-2-6-2, the Council does hereby determine to refer this matter back to the Planning Commission for revision and modification (including guide lines, etc.) of the proposed amendment, with the request that, thereafter, the Planning Commission will conduct a new public hearing for the purpose of submitting a current report and recommendation. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was 4886-71 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated September 14, 1971, submitted pursuant to Council resolution No. 658-71, with regard to Petition No. 70-10-6-7 submitted by the City Planning Commission on its own motion to amend Section 9.03, 10.03 and 11.02 of the Zoning Ordinance and add Section 8.08 so as to provide for Day Care Nurseries and the Council having conducted a public hearing with regard to this matter on June 28, 1971, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 70-10-6-7 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. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 4 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY REPEALING CHAPTER 3 THEREOF. (Private Patrol Watchmen and Private Patrol Service) 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 12458 #887-71 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated September 14, 1971 and submitted pursuant to Council resolution No. 340-71 with respect to a communication from the Department of Law dated March 5, 1971, approved for submission by the Mayor, which submits a proposed amendment to the Livonia Code of Ordinances relating to the Operation and Control of Traffic in Parking Areas of Shopping Centers, the Council does hereby determine to take no action with respect to this item at this time. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMEND- ED, BY ADDING THERETO CHAPTER 21 ENTITLE "ECOLOGY COMMISSION ORDINANCE." 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 Ventura, and unanimously adopted, it was #888-71 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated September 14, 1971, submitted pursuant to Council resolution No. 125-71 with regard to a communication from the Mayor dated February 9, 1971, relating to a proposed Model Ordinance on Non-returnable Bottles as submitted by the Mayor of the City of Wayne, the Council does hereby determine to take no action at this time. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #889-71 RESOLVED, that having considered the report and recommendation of the Legislative Committee dated September 14, 1971 and submitted pursuant to Council resolution No. 341-71 with regard to a proposed Phosphate Ordinance submitted by the Department of Law, the Council does hereby determine to take no action at this time. The following resolution was unanimously introduced, supported and adopted #890-71 RESOLVED, that having considered a communication from Mrs.William G. Cole of 9921 Hubbard Road, Livonia, Michigan, dated September 15, 1971: the Council does hereby grant permission to the residents of Hubbard Avenue to hold a Block party on Hubbard Avenue between Elmira and Orangelawn on Friday, October 1, 1971, between the hours of 6:00 P. M. and 11:00 P.M., subject to the approval of the Director of Public Safety- Police. 12459 LBy Councilman Ventura, seconded by Councilman Raymond, it was #891-71 RESOLVED, that having considered a communication from the Depart- ment of Law dated September 13, 1971, approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $390.00 from Account No. 222-702 (Salaries and Wages) to Account No. 222-864 (Travel and Education). A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Brown, it was #892-71 RESOLVED, that having considered a communication from the Depart ment of Assessment dated September 17, 1971, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $300.00 from Account No. 252-833 (Tax Roll Preparation) to Account No. 202-864 (Travel and Education). A roll call vote was taken on the foregoing resolution with the following result: LAYES: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #893-71- RESOLVED, that having considered the letter dated September 22, 1971 from the 16th District Court of the State of Michigan, the Council does hereby authorize the said Court to receive a refund from Burroughs Corporation in the amount of $14,920.43 for return of a Burroughs TC-500 machine; further, the Council does further authorize the deposit of said funds in Account No. 924-975, the Capital Account for the new Court Building, for the purpose of purchasing a Cash Register and various other items of furniture and equipment for use by the Court, and further, the City Clerk and City Treasurer are hereby authorized 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: Ventura, Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously Ladopted, this 719th regular meeting of the Council of the City of Livonia was duly adjourned at 9:19 P. M., September 22, 1971. ed..e....-..-.J ADDISON W. BACON, y Clerk.