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HomeMy WebLinkAboutCOUNCIL MINUTES 1971-11-03 12531 MINUTES OF THE SEVEN HUNDRED TWENTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On November 3, 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 8:08 P. M.. Councilman McCann 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: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney; Rudolf R. Kleinert, Director of Public Safety-Fire, H. Patrick O'Neill, Director of Civil Defense; Dan Gilmartin, Industrial Coordinator, Carl Wagenschutz, City Treasurer; Robert Turner, Police Chief; Calvin Roberts, Fire Chief; G. E. Siemert, City Engineer, John Nagy, City Planner; John T. Dufour, Superintendent of Parks and Recreation; Stanley Bien, Chief Librarian; Carl Demek, Superintendent of Operations Division; Jack Dodge, Budget Director; Ronald Mardiros, City Assessor; James Miller, Personnel Director, and Frank Kerby, Chief Building Inspector. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was 4994+-71 RESOLVED, that the minutes of the 721st regular meeting of the Council of the City of Livonia, held on October 20, 1971, are hereby approved. The communications dated October 7th, 19th and 28th, 1971, from the Livonia Housing Commission, with respect to the progress being made on the Senior Citizens Turn Key building, was received and filed for the information of the L Council. By Councilman Brown, seconded by Councilman McCann, it was 12532 #995-71 RESOLVED, that having considered a communication from the Water and Sewer Board dated October 12, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits its resolution WS 1547 10/71, the Council does hereby accept the bid of GMC Truck & Coach Div., General Motors Corp., 5701 Wyoming, Dearborn, Michigan 48126 for supplying the Water and Sewer Division with the following equipment: I. One (1) new GMC 3/4 ton Pickup Truck at a cost of $2,739.14. II. Five (5) new GMC 1/2 ton Pickup Trucks at a total price of $11,971.10 less $1,250.00 trade-in allowance on four (4) trucks for a net price of $10,721.10, the same having been in fact the lowest bids received for these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #996-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated October 5, 1971, approved for submission by the Mayor, the Council does hereby accept the bid of KPS Manufacturing, Inc., 2009 S. Raymond, P. 0. Box 671, Bay City, Michigan 48076, for supplying the Forestry Section of the Parks and Recreation Department with one (1) new Chipmore, Model JM-160-C4, Trailer Mounted Brush Chipper for a price of $4,477.00, less $665.00 trade-in allowance on a 1956 Asplundh Brush Chipper, Serial No. EX-1309 (DPW Veh. No. 256) for a net price of $3,812.00, the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS• None. By Councilman McCann, seconded by Councilman Ventura, it was 4997-71 RESOLVED, that having considered a communication from the Chief of the Fire Division and the Director of Public Safety-Fire dated October 14, 1971, approved by the Budget Director and approved for submis- sion by the Mayor, the Council does hereby authorize the expenditure of the sum of $28,550.00 from the 1966 Fire Department Headquarters General Obligation Bond Issue for the repair and replacement of the body of a 1958 pumper as well as the purchase and installation of a Telescopic Squirt Device from the Youngs Equipment Company of Southfield, Michigan, in the manner and for the reasons stated in the aforesaid communication, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. 12533 LA roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Nash. NAYS: None. *Councilman Milligan arrived at 8:16 p. m. By Councilman Ventura, seconded by Councilman McCann, it was #998-71 RESOLVED, that having considered a communication from the Mayor Dated October 12, 1971, wherein it is recommended that an architect be employed for a cost not to exceed $2,000.00 to conduct a feasibility study of the present DPW facilities, the Council does hereby determine to concur in the recommendation of the Mayor and does appoint the firm of Balls- Hamill-Becker, 15223 Farmington Road, Livonia, Michigan, as architect in this regard; further, the Council does hereby request the Department of Law, in conjunction with the Director of Public Works, to negotiate a contract for the employment of the said architectural firm, for submission to Council for approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. LNAYS: None. By Councilman McCann, seconded by Councilman Bennett, it was #999-71 RESOLVED, that having considered a communication from the City Engineer dated September 24, 1971, approved by the Director of Public Works and the Chairman of the Water and Sewer Board and approved for submission by the Mayor, the Council does hereby authorize the purchase of an easement from the owners of property described as Bureau of Taxation Parcel 28d10a for the sum of $1,300.00 which sum is authorized to be expended from Account No. 100.1 for this purpose; further, the Department of Law is hereby requested to do all things necessary in order to purchase the subject property 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: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #1000-71 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated October 13, 1971, approved by the Budget 12,34 Director and approved for submission by the Mayor, the Council does hereby appropriate and authorize the expenditure of the sum of $600.00 from the surplus of the Food Concessions Account located at Ford and Devon-Aire Ice Rinks for the purpose of purchasing two food freezers; 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: McCann, Bennett, Brown, Ventura, Milligan and Nash. NAYS: *Raymond. The President declared the resolution adopted. *Councilman Raymond made the following statement: My 'no' vote is cast because I don't think that there is any such fund and any moneys must go through the General Fund. By Councilman Raymond, seconded by Councilman Bennett, it was #1001-71 RESOLVED, that the Council does hereby request the City's auditors to submit their written opinion as to the establishment of special funds, authority for same, and whether expenditures therefrom may be made for the purchase of Capital Equipment. A roll call vote was taken on the foregoing resolution with the following result . AYES: Bennett, Brown, Raymond, Ventura, Milligan and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Brown, it was #1002-71 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated October 13, 1971, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the expenditure of the sum of $3,200.00 from the Capital Outlay Budget for the Whispering Willows Golf Course for the purpose of purchasing a one ton_ Dump Truck in Lieu of the previous proposal of installing additional artificial turf at the Golf Course. A roll call vote was taken on the foregoing resolution with the following result . AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. 12535 By Councilman Ventura, seconded by Councilman Bennett, it was #1003-71 RESOLVED, that having considered a communication from the Person- nel Director dated September 15, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission wherein it is recommended that the sum of $7,063.43 be paid to Mr. William J. Strasser, former City Engineer, with respect to vacation and sick leave credits which are as follows: Vacation time in the Classified Service $ 3,345.42 Sick Leave in the Classified Service 1,750.27 City Cost for Retirement Contribution for vacation payment (6.52%) 217.47 Sick Leave in the Unclassified Service 1,750.27 Total $ 7,063.43, the Council does hereby refer the same to the Department of Law for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond and Milligan. NAYS' Nash. The President declared the resolution adopted. The communication from the Planning Commission dated September 24, 1971 with respect to Petition 71-8-8-14(Site Plan with respect ,to change of use for existing building located on west side of Farmington Road, south of Five Mile Road) was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #1004-71 RESOLVED, that having considered a communication dated July 19, 1971 from the City Planning Commission which sets forth its resolution No. 6-185-71 with regard to Petition No. 71-6-1-34 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the southwest corner of Seven Mile Road and Farmington Road in the Northeast 1/4 of Section 9 from C-2 to C-1, and the Council having conducted a public hearing with regzird to this matter on October 4, 1971 pursuant to Council resolution No. 758-71, the Council does hereby determine to refer this matter back to the Planning Commission for the purpose of conducting a new public hearing with respect to the same in accordance with provisions set forth in Article XXIII with regard to a proposed rezoning of the subject property from C-2 to P.S.; and thereafter submit its report and recommendation to Council. 12536 By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #1005-71 RESOLVED, that having considered a communication dated October 22, 1971 from Mr. Carlyle Harrington, 9814 Loveland, Livonia, Michigan 48150, 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 October 19, 1971 by the City Planning Commission in its resolution No. 10-279-71 with regard to Petition No. 71-8-2-29 submitted by Carlyle Harrington requesting permission to operate a light auto repair and tune- up service (import and sports cars) as a waiver use on property zoned C-2 and located on the south side of Plymouth Road between Deering and Cardwell in the Northeast 1/4 of Section 36, the Council does hereby designate Monday, December 13, 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 thereof in compliance with the requirements set forth in Ordinance No. 543, as amend- ed, the Zoning Ordinance of the City of Livonia. By Councilman Ventura, seconded by Councilman Bennett, it was #1006-71 RESOLVED, that having considered a communication from the Kimberly Oaks Civic Association dated October 22, 1971, wherein it is requested that the City supply water to islands located on Hubbard Road from School- craft to Lyndon Roads and on Lyndon Road from Hubbard to Farmington Roads, the Council does hereby refer the same to the Water and Sewer Division and the Water and Sewer Commission for the purpose of implementing the aforesaid request in accordance with the Water Policy established by Council in its Resolution No. 676-71. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #1007-71 RESOLVED, that having considered a communication from the Department of Law, dated October 13, 1971, transmitting for acceptance a Quit Claim Deed dated September 8, 1971 and executed by Carol Kuschinski, executrix of the Estate of Leo Kuschinski, deceased, under Power of Sale, pursuant to council resolution 516-71, conveying- That vacated part of Foch Avenue 60 feet wide lying between Lots 21 and 54 of Garden Farms Subdivision of part of the East 1/2 of the Northeast 1/4 of Section 12, Town 1 South, Range 9 East, as recorded in Liber 40 of Page 56 of Plats, Wayne County Records. (Wayne County Bureau of Taxation Parcel 12J, 0.28 acres) 12537 the Council does herein for and in behalf of the City of Livonia accept the aforesaid 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; 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: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #1008-71 RESOLVED, that having considered a communication dated October 15, 1971 from the Department of Law transmitting for acceptance two Grants of Easements which conveyances are more particularly described as : 1. Grant of Easement dated October 2, 1971 executed by Trinity Baptist Church by its Trustees George W. Gaden and Richard J. Marshall, and by Trinity Park, Inc. by its president Richard J. Marshall, and its secretary Charles S. Sizemore, conveying: A twenty (20) foot wide easement whose centerline is more particularly described as that part of the N. W. 1/4 of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point 10 feet north of the N. W. corner of Lot 43, Patty Ann Subdivision (Liber 82, Page 76) thence S. 89° 48' 22" E. 400.00 ft; thence N. 2° 15' 30" W. 40' to a point "A"; thence S. 89° 48' 22" E. 90' to a point of ending. Also from point "A" thence N. 2° 15' 30" W. 250' thence N. 87° 44' 30" E. 75' to a point of ending. (water main) 2. Grant of Easement dated October 2, 1971 executed by Trinity Park, Inc., a non-profit Michigan corporation, by its president Richard J. Marshall, and its secretary Charles S. Sizemore, conveying: That part of the N. W. 1/1+ of Section 24, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as a twelve (12) foot wide storm sewer easement whose centerline point of beginning is described as being distant from a point on the west line of Section 24 in Middle Belt Road (120 feet wide) and the center line of Jauison Avenue (60 feet wide), said point being also the S.W. corner of Five Elm Park Subdivision as recorded in Liber 55, Page 64, proceeding thence due south 460.0 feet thence S. 89° 35' 08" E. 393,49 feet to the point of beginning thence due south 24.0 feet thence S. 89° 35' 08" E. 25.0 feet thence due south 140.56 feet thence south 89° 48' 22" east 226.0 feet to a point of ending. 12538 limp the Council does herein for and in behalf of the City of Livonia accept the aforesaid Grants 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: McCann, Bennett, Ventura, Brown, Raymond, Milligan and Nash. NAYS: None. Councilman Brown gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 13.06 OF ARTICT,1 XIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." (Petition No. 71-6-6-3) 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. LThe above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Brown gave first reading to the following Ordinance. AN ORDINANCE AMENDING SECTION 18.38 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." RE: PETITION NO. 71-6-6-4 (Off-Street Parking Require- ments for Office Buildings). The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 14 OF THE L 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. 71-6-1-37 FOR CHANGE OF ZONING FROM RUF TO C-1. 12539 LThe foregoing Ordinance, when adopted,is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 14 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. 71-4-1-27 FOR CHANGE OF ZONING FROM C-2 AND RUF TO P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance: 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. 71-4-1-23 FOR CHANGE OF ZONING FROM RUF TO P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 3 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. 71-4-1-19 FOR CHANGE OF ZONING FROM R-3-A TO P.S. 12540 LThe foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 15 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. 71-5-1-28 FOR CHANGE OF ZONING FROM R-1 to P. 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. L The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 27 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. 71-5-1-30 FOR CHANGE OF ZONING FROM M-1 TO M-2. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Milligan gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 19 OF THE L 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. 71-3-1-16 FOR CHANGE OF ZONING FROM C-2 to c-4. 12541 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 foregoing Ordinance was placed on the table, roll call vote to be considered at such time as the proposed Ordinance which would establish height classifications, is ready for consideration. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 15 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. 71-4-1-26 FOR CHANGE OF ZONING FROM C-2 AND P.L. TO P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The foregoing Ordinance was placed on the table, roll call vote to be considered at the meeting to be conducted on January 19, 1972. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOT1N AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE. PETITION NO. 71-4-1-24 FOR CHANGE OF ZONING FROM R-5 TO C-l. 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 Bennett, it was low #1009-71 RESOLVED, that having considered a communication dated September 28, 1971 from the City Planning Commission which transmits its resolution No. 9-246-71 with regard to Petition No. 71-8-3-7 submitted by 12542 the City Planning Commission for vacating a ten-foot wide public walkway adjacent to Lots 26 and 27 of Coventry Gardens West Subdivision located west of Ashurst, north of Five Mile Road in the Southwest 1/4 of Section 16, City of Livonia, Wayne County, Michigan, the Council does hereby grant the said petition and Petition No. 71-8-3-7 is hereby approved; subject, however, to the retention of the public utility easement in that portion of the right-of-way recommended for vacating; and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash, NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #1010-71 RESOLVED, that having considered Petition No. 71--10-3-8 submitted by Mr. and Mrs. L. C. Jessup, 9750 Knolson Avenue, Livonia, Michigan 48150, dated October 19, 1971 and received in the City Clerk's office on October 22, 1971, wherein a request is made for the vacating of a certain easement located along the north property line of Lot 108 of Ann Arbor Trail Subdivision in Section 31, Livonia, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for its action and recommendation in accordance with provisions of Law and City Ordinance, By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #1011-71 WHEREAS, pursuant to the direction of the City Council in its resolution No. 606-71 adopted on June 30, 1971, and in accordance with Section 2-509 of the Livonia Code of Ordinances, as amended, the Assistant City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of August 5, 1971 an assessment roll dated August 2, 1971 covering the proposed installation of sidewalks on Merriman Road north of Plymouth Road between Plymouth and Schoolcraft Roads in Section 26, 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. 606-71; 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 imp 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 12543 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, January 10, 1972 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 January 10, 1972, the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #1012-71 WHEREAS, pursuant to the direction of the City Council in its resolution No. 607-71 adopted on June 30, 1971, and in accordance with Section 2-509 of the Livonia Code of Ordinances, as amended, the Assistant City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of September 8, 1971 an assessment roll dated September 7, 1971 covering the proposed installation of sidewalks on Merriman Road, north of Schoolcraft in Sections 22 and 23, 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. 607-71, 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, January 10, 1972 at 8:CO 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 January 10, 1972; 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. 12544 By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #1013-71 WHEREAS, pursuant to the direction of the City Council in its resolution No. 605-71 adopted on June 30, 1971, and in accordance with Section 2-509 of the Livonia Code of Ordinances, as amended, the Assistant City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of August 20, 1971 an assessment roll dated August 4, 1971 covering the proposed installation of sidewalks on Merriman Road south of Plymouth Road in Section 35, 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. 605-71; 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, January 10, 1972 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 January 10, 1972; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #1014-71 WHEREAS, pursuant to the direction of the City Council in its resolution No. 405-71 adopted on May 5, 1971, and in accordance with Section 2-514 of the Livonia Code of Ordinances, as amended, the Assistant City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of September 8, 1971 an assessment roll dated August 23, 1971 covering the proposed installation of ornamental street lighting with underground wiring in Tiffany Park Subdivision No. 4, 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. 405-71; 12545 THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed inthe 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, January 10, 1972 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 January 10, 1972; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #1015-71 RESOLVED, that the Council having considered a communication dated October 6, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, submitted pur- suant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Parkridge Subdivision in Section 19, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, andsuch report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the dame with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which sh uld be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommenda- tions have been properly filed by the City Engineer with the City Clerk under date of October 6, 1971 and that there has been a full compliance with all of the provisions of Section 2-5C6 of the Livonia Code of Ordi- nances, as amended, the Council does hereby set Monday, January 10, 1972 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which Public Hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. 12546 By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #1016-71 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, January 10, 1972 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. 71-8-1-53 submitted by Edward L. Marzka for Woodland Lanes for a change of zoning of property located south of Plymouth Road, west of Farmington Road in the Northeast 1/4 of Section 33 from RUF to P, the City Planning Commission having in its resolu- tion No. 9-245-71 recommended to the City Council that Petition No. 71-8-1-53 be approved; 2. Petition No. 71-6-1-47 submitted by Steve and Anna Oliwek for a change of zoning of property located on the west side of Newburgh Road, south of Six Mile Road in the Northeast 1/4 of Section 18 from R-3-B to P.S., the City Planning Commission having in its resolution No. 9-256-71 recommended to the City Council that Petition No. 71-6-1-47 be approved, 3. Petition No. 71-8-1-50 submitted by James F. Finn and Michael J. Michael for a change of zoning of property located on the east side of Levan Road, south of Five Mile Road in the Northeast 1/4 of Section 20 from C-1 to C-2, the City Planning Commission having in its resolution No. 9-244-71 recommended to the City Council that Petition No. 71-8-1-50 be denied, further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the 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. By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was 12547 #1017-71 RESOLVED, that having considered a communication from the City Clerk dated October 22, 1971 concerning the expiration of the terms of the two members of the Board of Canvassers on December 31, 1971, the Council does hereby determine to refer the same to its Committee of the Whole for its consideration. By Councilman Ventura, seconded by Councilman Raymond, it was #1018-71 RESOLVED, that having considered an invoice submitted by the Southeast Michigan Council of Governments (SEMCOG) on January .i, 1971 in the amount of $2,520.00 with regard to membership dues for the City in SEMCOG for the year 1971, the Council does hereby authorize the expenditure of the sum of $2,520.00 from the Unexpended Fund Balance Account for this purpose, 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: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #1019-71 RESOLVED, that having considered a communication from the Director of Civil Defense dated October 26, 1971, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $90.00 from the Civil Defense Auto Allowance Account No. 429-861 to the Civil Defense Travel and Education Account No. 429-864. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The communication dated October 11, 1971 from the Engineering Division, with respect to the entrance markers at Buckingham Village Subdivision (CR-907-71), was received and filed for the information of the Council. By Councilman Milligan, seconded byCouncilman Brown, it was #1020-71 RESOLVED, that having considered a communication from the Budget Director, approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $1,000.00 from Account No. 101-702 (Salaries and Wages) to Account No. 101-885 (Public Relations). A roll call vote was taken on the foregoing resolution with the following result: AYES• McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. 12548 LBy Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #1021-71 RESOLVED, that the Council does hereby establish the following dates for the purpose of conducting regular meetings of the City Council for the month of December, 1971: Wednesday, December 1, 1971 Wednesday, December 15, 1971. Councilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2-527 OF CHAPTER 5 (SPECIAL ASSESSMENTS) OF TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Brown, Ventura, Raymond, Milligan and Nash. NAYS: Bennett. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 26 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 71-4-1-22 FOR CHANGE OF ZONING FROM M-1 TO C-2. A roll call vote was taken on the foregoing Ordinance with the following result AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. L — Councilman Raymond gave second reading to the following Ordinance: 12549 AN ORDINANCE AMENDING ARTICLE VIII BY ADDING SECTION 8. THERETO; AND AMENDING SECTION 9.03 OF ARTICLE IX; SECTION 10.03 OF ARTICLE X; AND SECTION 11.02 OF ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE." RE: PETITION NO. 70-10-6-7. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Raymond, seconded by Councilman Ventura, it was #1022-71 RESOLVED, that pursuant to the provisions of Section 38, Act 65 of the Public Acts of Michigan of 1963, as amended, the Council does hereby appoint Sidney S. Diamond, 19170 Osmus, Livonia, Michigan, as the Democratic representative to the Board of Canvassers of the City of Livonia for a term expiring December 31, 1975. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #1023-71 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. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #1024-71 RESOLVED, that having considered a communication dated October 1, 1971 from Mr. Roland H. Marshall, Real Estate/Site Developer, Boron Oil Company, 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 September 21, 1971 by the City Planning Commission in its resolution No. 9-247-71 with regard to Petition No. 71-4-2-15 submitted by Bernard J. Whitman, Boron Oil Company, requesting permission 12550 to construct a modern facility gasoline station as a waiver use on property zoned C-2 and located on the southwest corner of Schoolcraft and Middlebelt Roads in the Northeast 1/4 of Section 26, the Council does hereby designate Monday, December 13, 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 thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #1025-71 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, December 13, 1971 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item* Petition No. 71-9-6-6 submitted by the City Planning Commission on its own motion to amend Section 16.11, Waiver Uses of Ordinance No. 543 by adding a new sub- section (c) so as to make accessory retail outlets developed in connection with warehousing and related storage buildings as a waiver use in the M-1 District, the City Planning Commission having in its resolution No. 10-277-71 recommended to the City Council that Petition No. 71-9-6-6 be approved; further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the nature of the proposed amendment to the Zoning Ordinance 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. By Councilman Brown, seconded by Councilman McCann, it was 41026-71 RESOLVED, that having considered a communication from the Personnel Director dated November 3, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by theCivil Service Commission on November 2, 1971, wherein the Commission did recommend that the classification of Systems Analyst II be established with the following salary range: 12551 Step 1 Step 1 l� Step 2 Step 3 Step 4 MaximumStep 5 $12,708.80 12,979.20 $13,187.20 $13,790.40 $14,372.80 $14,955.20 488.80 499.20 507.20 530.40 552.8o 575.2o such classification to be effective commencing on December 1, 1971 and with the understanding that employment under this program shall be at the maximum rate since the same is a one-year program established pursuant to the discretionary grant from the Federal Office of Law Enforcement Assist- ance Administration, the Council does hereby determine to concur and approve of such action. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #1027-71 RESOLVED, that having considered a communication from the Chief of Police dated November 3, 1971, approved by the Budget Director and approved for submission by the Mayor, with regard to funds necessary to purchase auto tires for the month of November, 1971, the Council does hereby authorize the transfer of the sum of $489.20 from Account No. 325-768 (Patrol Bureau Uniform Account) to the Vehicle Maintenance Account No. 309-863 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Bennett, Brown, Ventura, Raymond, Milligan and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, this 722nd regular meeting of the Council of the City of Livonia was duly adjourned at 9.20 P. M., November 3, 1971. ADDISON W. BA ONityC -rk.