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HomeMy WebLinkAboutCOUNCIL MINUTES 1971-10-06 12467 16 MINUTES OF THE SEVEN HUNDRED TWENTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On October 6, 1971, the above meeting was held at the City Ha1l , 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:10 P. M.. Councilman Raymond delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Jerry Raymond, Edward G. Milligan, Robert E. McCann and Robert D. Bennett. Absent--None. Elected and appointed officials present: Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; 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; James Miller, Personnel Director; John Nagy, City LPlanner; Carl Demek, Superintendent of Operations Division, H. L. Bridges, Assistant City Assessor; Calvin Roberts, Fire Chief; Frank Kerby, Chief Building Inspector, Jack Dodge, Budget Director, Joseph Talbot, Planning Commission; William LaPine, Zoning Board of Appeals, Paul Kugler, Water and Sewer Board; and Michael Reiser of the Water and Sewer Board. By Councilman Milligan, seconded by Councilman Bennett, and unanimously adopted, it was #896-71 RESOLVED, that the minutes of the 138th special meeting of the Council of the City of Livonia, held on September 27, 1971, are hereby approved. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #897-71 RESOLVED, that the minutes of the 719th regular meeting of the Council of the City of Livonia, held on September 22, 1971, are hereby Lapproved. 12468 LThe communication dated September 29, 1971 from the City Clerk, transmitting financial reports as prepared by the Accounting Department for the General Fund, ending August 31, 1971, and Enterprise Funds (Concession, Golf Course, Swimming Pools and Ice Rinks) Income and Expense - Month of August and 9 months to date) was received and filed for the information of the Council. The communication dated September 29, 1971 from the Livonia Housing Commission with respect to the progress made on the Senior Citizens Turn Key build- ing, was received and filed for the information of the Council. Councilman Ventura gave second 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-l. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman McCann, seconded by Councilman Brown, it was #898-71 RESOLVED, that having considered a communication from the Budget Director dated September 16, 1971, approved by the Mayor, the Council does hereby authorize the transfer of the sum of $150.00 to Account No. 210-864 (Travel and Education) from the following accounts in the following amounts. Account Amount 210-861 Auto Allowance $ 90.00 210-756 Miscellaneous 60.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 12469 By Councilman McCann, seconded by Councilman Raymond, it was #899-71 RESOLVED, that having considered a communication from the Mayor and the Budget Director dated September 2, 1971 with respect to the purchase of an IBM Standard Typewriter for the Department of Administrative Services, the Council does hereby authorize the transfer of the sum of $486.00 to Account No. 905-970 for this purpose from the following Accounts in the following amounts: Account Amount 905-864 Travel and Education S 400.00 905-756 Miscellaneous 84.88 905-728 Office Supplies 1.12. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was #900-71 WHEREAS, property described as: That part of Section 5, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as being the E. 1/2 of the E. 1/2 of the S. E. 1/4 of Section 5, except the E. 10.0 acres thereof, and except the W. 290 feet thereof. (Bureau of Taxation Parcel 05K1) 29.86 acres is included in the Master Plan for Parks for the City of Livonia, and WHEREAS, the United States of America is presently considering the City of Livonia's application for federal assistance, designated Project OSA-148, which application includes in part the above described real property for park purposes; and WHEREAS, it is determined, upon consideration of two competent independent appraisals, that the fair market value of this real property is $150,000.00, NOW, THEREFORE, BE IT RESOLVED: 1. That the City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property for a total consideration in the amount of $150,000.00 which acquisition shall be on the basis of a purchase-money mortgage with a 10-year term duration, with a down payment of $50,000.00 at the time of closing, and interest at the rate of 6% per annum on the unpaid balance, and which morgage shall be payable annually on the unpaid balance in equal installments; and 12470 2. The City Council does hereby authorize the expenditure of a sum not to exceed $576.46 for the payment of the 1970 city, county, county drain and school taxes; and 3. The City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreation General Obligation Bond Issue; and 4. The Mayor and the City Clerk are hereby authorized to execute in behalf of the City of Livonia the said purchase-money mortgage agreement; and 5. The Mayor, the City Clerk, and the City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution; and 6. Council Resolution No. 203-71 adopted on March 24, 1971, is hereby rescinded. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, it was #901-71 WHEREAS, property described as: The South 647 feet of the following described parcel: That part of the N. E. 1/4 of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the N. line of said section distant N. 89° 50' 50" E, 143.0 ft. from the N. 1/4 corner of Section 9 and proceeding thence N. 89' 50' 50" E. along said line, 119.10 ft.; thence S. 0° 35 26" E, 253.0 ft. , thence N. 89° 50' 50" E., 107.0 ft.; thence N. 0° 35' 26" W, 253.0 ft. ; thence N. 89° 50' 50" E, along the N. section line, 126.70 ft.; thence S. 00 35' 26" E, 2673.85 ft.; thence N. 88° 38' 10" W. along the E. and W. 1/4 section line, 491.30 ft. to the center 1/4 corner of Section 9, thence N. 0° 41' 36" W. along the N. and S. 1/4 Section line, 2407.88 ft.; thence N. 89° 50' 50" E. 143.0 ft. ; thence N. 0° 41' 36" W, 253.0 ft. to the point of beginning. (7.3i acres of Bureau of Taxation Parcel 09B2a,09B2b1) is included in the Master Plan for Parks for the City of Livonia; and 12471 WHEREAS, it is hereby determined upon consideration of a competent independent appraisal that the fair market value of this real property is $37,500.00, NOW, THEREFORE, BE IT RESOLVED,THAT: 1. The City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforedescribed property at a price of $37,500.00; 2. The City Council does hereby authorize the expenditure of the sum of $103.64 for the payment of the 1970 city, county, county drain and school taxes. 3. The City Council does hereby authorize the advance of the aforesaid sums from the S4,400,000.00 Parks and Recreational General Obligation Bond Issue. 4. The City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, it was #902-71 RESOLVED, that having considered a communication dated June 21, 1971 from the City Planning Commission which sets forth its resolution No. 5-140-71 with regard to Petition No. 71-4-1-26 initiated by Council resolution No. 783-70 pursuant to Section 23.01(a) of Ordinance No. 543 for a change of zoning on the north side of Five Mile Road between Fairfield and Woodring Avenues in the Southwest 1/4 of Section 15, from C-2 and P.L. to P.S. , and the Council having conducted a public hearing with regard to this matter on September 20, 1971, pursuant to Council resolution No. 703-71, the Council does hereby concur with the recommenda- tion of the Planning Commission and the said Petition No. 71-4-1-26 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 12472 By Councilman Milligan, seconded by Councilman Ventura, it was #903-71 RESOLVED, that having considered a communication dated June 21, 1971 from the City Planning Commission which sets forth its resolution No. 5-139-71 with regard to Petition No. 71-4-1-27 initiated by Council resolu- tion No. 866-70 for a change of zoning on property located south of Six Mile Road and west of Middlebelt Road in the Northeast 1/4 of Section 14 from C-2 and RUF to P.S., 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 in part with the recommendation of the Planning Commission and the said Petition No. 71-4-1-27 is hereby approved and granted in part with regard to Lots 3 through 9 of Livrance Estates Subdivision; but with regard to Lots 1 and 2 of Livrance Estates Subdivision, the Council does hereby reject the recommendation of the Planning Commission and the same is hereby denied; the Council further does hereby request that with regard to that portion of Lots 1 and 2 which are presently zoned RUF the City Planning Commission conduct a new public hearing pursuant to provisions set forth in Article XXIII for the purpose of rezoning the same to the "P" classification and thereafter submit its report and recommendation to the Council; and the City Planner is hereby instructed to cause the necessary map for publica- tion to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was 4904-71 RESOLVED, that having considered a communication from the City Planning Commission dated September 24, 1971, which transmits its resolu- tion No. 9-263-71, adopted by the Commission on September 21, 1971 with re.gardto Petition No. 71-7-8-11, submitted by Bernard W. Colton, Louis G. Redstone Associates, Inc., requesting use and site plan approval for a proposed addition to Mid-Seven Shopping Center located on the southwest corner of Seven Mile and Middlebelt Roads in the Northeast 1/4 of Section 11, the Council does hereby, pursuant to provisions set forth in Section 18.56 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 71-7-8-11 is hereby approved, such approval to be based upon the same conditions as those which are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: low AYES: Raymond, Milligan, McCann, Ventura and Nash. NAYS: *Bennett and. Brown. The President declared the resolution adopted. 124,3 *Councilman Bennett made the following statement: My 'no' vote is cast because, in my opinion, the landscaping to be installed on this site is mimimum and therefore is deficient. By Councilman McCann, seconded by Councilman Brown, it was #905-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated August 24, 1971, approved for submission by the Mayor, the Council does hereby accept the bid of the Firestone Store, 402 E. Huron Street, Ann Arbor, Michigan, for supplying new truck and heavy equipment tires and tubes to the City of Livonia for a period of one year from the effective date of this action as follows: ITEM 1. Discount below "Net State Price List" 20% further, the Council does hereby accept the bid of the B. F. Goodrich Company, 15150 Michigan Avenue, Dearborn, Michigan 49120, for the repair of truck and heavy equipment tires and tubes including recaps in the following manner: ITEM 2. Charge to remove and mount new tire from supplier's stock: 20" rims & above $ 2.50 20" rims & below 2.00 3. Charge to remove and mount new tire from our stock: 20" rims & above 2.50 20" rims & below 2.00 4. Flat repair of truck tire: 20" rim & above 5.00 20" rim & below 5. Grader & Heavy Equipment flat repair 10.00 6. Normal price on re-caps 50% off list 7. Does service include chloriding of tires No, the foregoing having been in fact the lowest bid received with respect to these items. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 12,7, By Councilman Brown, seconded by Councilman Ventura, it was #906-71 RESOLVED, that having considered a communication from the Water and Sewer Board dated September 15,1971, approved by the Budget Director and approved for submission by the Mayor, which transmits its resolution No. WS 1535 8/71 with regard to bids received for the purchase of water hose, the Council does hereby accept the bid of Wilkins Parts & Equipment Inc., P. O. Box 143, Novi, Michigan, for supplying the Sewer Division with 800 feet of 2-1/2" Bostron Type Hose with Detroit Fire Department Fittings at a cost of $1,500.00, the same having been in fact the lowest bid with respect to this item. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #907-71 RESOLVED, that having considered a communication from the Buckingham Village Civic Association dated September 15, 1971, concerning damage to two entrance markers located at the Cardwell entrance to the Buckingham Village Subdivision as part of the 1-96 (Schoolcraft) Express- way Project, the Council does hereby request that the Engineering Division submit its report and recommendation to Council with respect to this matter. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #908-71 RESOLVED, that having considered a communication from Mr. William S. Zimmerman, 18071 Floral, Livonia, Michigan, wherein it is suggested that an ordinance be enacted for the fencing of dogs, the Council does hereby refer the same to the Mayor for his report and recommendation. By Councilman Ventura, seconded by Councilman Milligan, it was #909-71 RESOLVED, that having considered a communication from the City Engineer dated September 7, 1971, approved by the Director of Public Works and approved for submission by the Mayor with regard to the acquisi- tion of right-of-way on Seven Mile Road, east of Middlebelt Road (Parcels 412a and 412b, Supervisor's Livonia Plat No. 7), the Council does hereby request that the Wayne County Road Commission assist the City in proceed- ing with the acquisition of the aforesaid right-of-way. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 12+75 By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #910-71 RESOLVED, that having considered a communication from the Mayor, dated September 15, 1971, with regard to the Livonia Commission for Children and Youth, the Council does hereby request that the Department of Law prepare an amendment to Section 2-1702 of the Livonia Code of Ordi- nances which would increase the membership of the aforesaid Commission from nine to eleven members, further, the Council requests that the Youth Commission meet with the City Council at a time mutually convenient for the purpose of discussing problems of lack of participation in local youth-oriented programs as recently noted in the newspapers. By Councilman Brown, seconded by Councilman Milligan, it was #911-71 RESOLVED, that having considered a communication from the City Engineer dated September 7, 1971, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the construction of sidewalks along the north side of Seven Mile Road, east of Middlebelt Road, the Council does hereby authorize the installation of said sidewalks in front of the 28 parcels as shown in the schedule attached to the afore- said communication, such work to be performed as an addition to the 1971 Miscellaneous Sidewalk Contract with Mon-Ton Concrete, Inc., and the Council does hereby appropriate and authorize the expenditure of the sum of $7,000.00 as an advance from the 9.8 Million Dollar Street and Road General Obligation Bond Issue with the provision that the said bond issue shall be reimbursed at such time as special assessment charges are paid by property owners. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #912-71 RESOLVED, that having considered a communication from the City Engineer dated September 10, 1971, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the reloca- tion of five ornamental street lights in the vicinity of the intersection of Five Mile Road and Farmington Road, the cost of which is in the amount of $1,708.00, the Council does hereby authorize payment to the Detroit Edison Company in the amount of $1,708.00 from the Motor Vehicle Highway Funds 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. 12476 By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #913-71 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 and Golfview in the Southeast 1/4 of Section 17, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 71-7-2-24 is hereby approved and granted; such action to be based upon the same conditions as are set forth in the aforesaid recom- mendation of the Planning Commission. By Councilman McCann, seconded by Councilman Ventura, it was #914-71 RESOLVED, that having considered a communication from the Personnel Director dated September 15, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution by the Civil Service Commission adopted on September 7, 1971, with regard to the repair of a Burroughs Adding Machine, the Council does hereby authorize the transfer of the sum of $54.37 from Printing Account No. 220-904 to Maintenance of Office Equipment Account No. 220-934 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #915-71 RESOLVED, that having considered a communication from the Budget Director dated September 27, 1971, approved for submission by the Mayor, the Council does hereby authorize the transfer of the sum of $114,000.00 to the District Court Construction Account No. 924-975 from the following Accounts in the following amounts: Account Description Amount 660 Additional Revenue Fine and Forfeits S 45,000.00 193-702 Reduction of Salaries & Wages 25,000.00 Expenditures Election Commission 193-705 Publishing-Election Commission 1,000.00 193-943 Equipment Transportation 500.00 Election Commission 193-960 Training - Election Commission 2,000.00 12477 Account Description Amount 823-252 Tax Roll Preparation $ 4,400.00 924-975 Building Maintenance and Sign Shop 36,100.00 A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Brown, seconded by Councilman McCann, it was #916-71 RESOLVED, that after considering a letter dated September 30, 1971 from the City Clerk, the Council does hereby accept the proposal of Lybrand, Ross Bros. & Montgomery, Detroit, Michigan, Certified Public Accountants, to perform the Annual Audit of the accounts of both the City of Livonia for the Fiscal Year ending November 30, 1971, and the Water and Sewer Division for the Fiscal Year ending February 28, 1972, as required by the City Charter and the State Uniform Account Act #2, 1968, for a fee not to exceed the sum of $13,400.00 for the City of Livonia, and $4,500 for the Water and Sewer Division; and further, the City Clerk, as Chief Accountant of the City of Livonia, is hereby authorized to enter into a formal agreement with said firm, subject to the approval as to form by the City Attorney, and to do all other things necessary to the full performance of this resolution. By Councilman Milligan, seconded by Councilman Ventura, it was RESOLVED, that the Council does hereby refer the matter of the employment of an Auditing firm for the next fiscal year to the Study Session to be conducted on October 11, 1971. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan. NAYS: Raymond, McCann, Bennett, Brown, Ventura and Nash. The President declared the resolution denied. A roll call vote was taken on the original resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was 12478 92_7-71 RESOLVED, that the Council does hereby refer to the Finance and Insurance Committee for its report and recommendation the matter of Policy to be adopted for the engagement of a Certified Accounting Firm to conduct the annual audit of the City's financial records, as required by Chapter VII, Section 12, of the City Charter. The communication dated September 20, 1971 from the Planning Commission relative to a Preliminary Plat Extension for Parkridge Subdivision, was received and filed for the information of the Council. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 4 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY REPEALING CHAPTER 3 THEREOF. (Licensing of Private Patrol Watchmen and Private Patrol Service) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE AMENDING TITLE 2 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, BY ADDING THERETO CHAPTER 21 ENTITLED "ECOLOGY COMMISSION ORDINANCE." By Councilman Bennett, seconded by Councilman Raymond, it was RESOLVED, that the proposed Ordinance which would establish an Ecology Commission, is hereby referred back to the Mayor for further report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Bennett and Nash. NAYS: Milligan, McCann, Brown and Ventura. The President declared the motion, to refer, denied. 12479 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: Raymond. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Ventura, seconded by Councilman McCann, it was #918-71 RESOLVED, that having considered the report and recommendation dated September 2, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated August 20, 1971, the Council does hereby authorize Final Payment in the amount of $5,120.03 to Mon-Ton Concrete, Inc., 16886 Forrer, Detroit, Michigan, which sum includes the full and complete balance due on a contract dated October 28, 1970, in connection with the construction of a public walkway in the Stark Gardens Subdivision to Stark Road; it appearing from the aforementioned report that all work under the said contract, including change orders, has been completed in accordance with City standards and specifications and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution; and the City Clerk is hereby requested, through the Accounting Section, to submit an invoice to the Livonia Board of Education in the amount of $6,254.13 in order to cover the cost and share of work completed under the said contract. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #919-71 RESOLVED, that having considered a communication, dated September 22, 1971 from the Department of Law transmitting for acceptance a Grant of Easement dated September 16, 1971 executed by Rose A. Masters, Individually, and as Survivor of Harold E. Masters, Deceased, to which is attached a copy of the death certificate of Harold E. Masters, granting to the City: The South 16 feet of: Parcel Description: The Southerly 130 feet of Lot 773; also the Northerly 110 feet of the West 137 feet of Lot 773, Supervisor's Livonia Plat No. 13, of part of the N. W. 1/4 of Section 10, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 10c773b3) 12480 the Council does herein for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded, with attachment, in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #920-71 RESOLVED, that having considered a communication dated September 2, 1971 received from Mr. Erwin Harvith, 30669 W. Eight Mile Road, Livonia, Michigan, and Morris Fishman & Sons, 13333 Lincoln, Huntington Woods, Michigan, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed partition of Lots 02F27b and 28b would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into four (4) parcels the legal descriptions of which shall read as follows : Parcel No. 1 Part of the N. W. 1/4 of Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point in the S. line of West Eight Mile Road, 120 ft. wide, said point being distant N. 89° 54' 34" E. 120.74' from the intersection of the S. line of West Eight Mile Road, 120 ft. wide, with the E. line of Milburn Ave., 60 ft. wide; thence N. 89° 54' 34" E. 176.11 ft. along said S. line of West Eight Mile Road; thence S. 0° 08' 11" W. 350.00 ft; thence S. 89° 54' 34" W. 175.00 ft. ; thence N. 0° 02' 28" W. 350.00 ft. to the point of beginning. Parcel No. 2 Part of the N. W. 1/4 of Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point in the E. line of Milburn Ave. , 60 ft. wide, said point being S. 0° 04' 34" W. 350.00 ft. from the intersection of the S. line of West Eight Mile Road, 120 ft. wide, with the E. line of Milburn Ave., 60 ft. wide; thence N. 89° 54' 34" E. 296.50 ft. ; thence S.0°0811" W. 91.25 ft., thence N. 89° 50' 54" W. 296.40 ft. to a point in the E. line of said Milburn Ave.; thence N. 0° 04' 34" E. 90.00 ft. along said E. line to the point of beginning. Subject to an easement over the N. 12 ft. thereof, for storm sewer easement. 12481 Parcel No. 3 Part of the N. W. 1/4 of Section 2, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point in the E. line of Milburn Ave., 60 ft. wide, said point being S. 0° 04' 34" W. 440.00 ft. from the intersection of the S. line of West Eight Mile Road, 120 ft. wide, with the E. line of Milburn Ave., 60 ft. wide; thence S. 89° 50' 54" E. 296.40 ft.; thence S. 0° 08' 11" W. 80.00 ft.; thence N. 89° 50' 54" W. 296.31 ft. to a point in the E. line of said Mil- burn Ave.; thence N. 0° 04' 34" E. 80.00 ft. along said E. line to the point of beginning. Parcel No. 4 Part of the N. W. 1/4 of Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point in the E. line of Milburn Ave., 60 ft. wide, said point being S. 0° 04' 34" w. 520.00 ft. from the intersection of the S. line of West Eight Mile Road, 120 ft. wide, with the E. line of Milburn Ave., 60 ft. wide; thence S. 89° 50' 54" E. 296.31 ft.; thence S. 0° 08' 11" W. 80.00 ft. ; thence N. 89° 50' 54" W. 296.22 ft. to a point in the E. line of said Milburn Ave. ; thence N. 0° 04' 34" E. 80.00 ft. along said E. line to the point of beginning. as shown on the map attached to the aforesaid communication which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Milligan, it was #921-71 RESOLVED, that having considered a communication dated June 2, 1971 from the City Planning Commission which sets forth its resolution No. 4-113-71 with regard to Petition No. 71-3-1-16 submitted by the City Planning Commission on its own motion for a change of zoning on the south side of Schoolcraft Road, east of Eckles Road in the Southwest 1/4 of Section 19, from C-2 to C-4, and the Council having conducted a public hearing with regard to this matter on September 20, 1971 pursuant to Council resolution No. 703-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-3-1-16 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. 12482 LA roll call vote was taken on the foregoing resolution with the following result: * AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. *It is the understanding of the Council that the proposed Zoning amendment with respect to Petition No. 71-3-1-16 would not be enacted until such time as the proposed amendment which would create step categories within the C-4 Classification is considered, By Councilman Brown, seconded by Councilman Ventura, it was #922-71 RESOLVED, that having considered a communication dated July 2, 1971 from the City Planning Commission which sets forth its resolution No. 6-159-71 with regard to Petition No. 71-4-1-23 submitted by Allen W. Weiss, D.D.S. and Philip W. Cohen, D.D.S. for a change of zoning on the north side of Schoolcraft Road, west of Merriman Road in the Southeast 1/4 of of Section 22, from RUF to P.S., and the Council having conducted a public hearing with regard to this matter on September 20, 1971,pursuant to Council resolution No. 703-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-4-1-23 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 Depart- ment of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, Milligan, McCann, Brown, Ventura and Nash. NAYS: Bennett. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #923-71 RESOLVED, that having considered a communication dated July 2, 1971 from the City Planning Commission which sets forth its resolution No. 6-160-71 with regard to Petition No. 71-4-1-24, as amended, submitted by H. Eugene Field for Tom's Northwood Market, Inc., for a change of zoning on the northwest corner of Clarita Avenue and Middlebelt Road in the Northeast 1/4 of Section 11, from R-5 to C-1, and the Council having conducted a public hearing with regard to this matter on September 20, 1971 pursuant to Council resolution No. 703-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-4-1-24, as amended, 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 12483 and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Raymond, Milligan, Bennett, Brown, Ventura and Nash. NAYS: McCann. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was #924-71 RESOLVED, that having considered a communication dated July 2, 1971 from the City Planning Commission which sets forth its resolution No. 6-167-71 with regard to Petition No. 71-4-1-19 submitted by V. R. Breiden- back and D. J. Summers for a change of zoning on the northeast corner of Fargo and Farmington Road in the Northwest 1/4 of Section 3, from R-3-A to P.S., and the Council having conducted a public hearing with regard to this matter on September 20, 1971 pursuant to Council resolution No. 703-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-4-1-19 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 : Raymond, Milligan, McCann, Brown, Ventura and Nash. NAYS : Bennett. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Bennett, it was #925-71 RESOLVED, that having considered a communication dated July 1, 1971 from the City Planning Commission which sets forth its resolution No. 6-162-71 with regard to Petition No. 71-5-1-28 submitted by Nicholas Smith on behalf of Robert L. Allison for a change of zoning on the west side of Fairfield Avenue, north of Five Mile Road in the Southwest 1/4 of Section 15, from R-1 to P, and the Council having conducted a public hear- ing with regard to this matter on September 20, 1971 pursuant to Council resolution No. 703-71, the Council does hereby concur with the recommenda- tion of the Planning Commission and the said Petition No. 71-5-1-28 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. 12484 A roll call vote was taken on the foregoing resolution with the following result: AYES : Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #926-71 RESOLVED, that having considered a communication dated July 2, 1971 from the City Planning Commission which sets forth its resolution No. 6-169-71 with regard to Petition No. 69-6-1-21 submitted by William Ponder, Attorney for Leonard J. Hyman, for a change of zoning on the north side of Six Mile Road, east of Middlebelt Road in the Southwest 1/4 of Section 12, from RUF to C-2, the Council does hereby determine to table this matter pending receipt of a communication from the Petitioner concerning the overall proposed development. A roll call vote was taken on the foregoing resolution with the following result. AYES: Raymond, Milligan, Brown, Ventura and Nash. NAYS: McCann and Bennett. The President declared the resolution adopted. By Councilman Brown, seconded by Councilman Ventura, it was #927-71 RESOLVED, that having considered a communication dated July 27, 1971 from the City Planning Commission which sets forth its resolution No. 7-199-71 with regard to Petition No. 71-6-1-35 submitted by Jerome L. Schostak and Nat Korash for a change of zoning on the north side of Seven Mile Road, west of Farmington Road in the Southeast 1/4 of Section 4, from P.S. to C-2, and the Council having conducted a public hearing with regard to this matter on September 20, 1971 pursuant to Council resolution No. 759-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-6-1-35 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: Milligan, Bennett, Brown, Ventura and. Nash. NAYS: Raymond and McCann. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bennett, it was 12485 #928-71 RESOLVED, that having considered a communication dated July 1, 1971 from the City Planning Commission which sets forth its resolution No. 6-163-71 with regard to Petition No. 71-5-1-30 submitted by James F. Peters, Warren V. Nielsen and Angelo DiPonio for a change of zoning on the west side of Merriman Road, north of the C & 0 Railway in the Northeast 1/4 of Section 27, from M-1 to M-2, and the Council having conducted a public hearing with regard to this matter on September 20, 1971 pursuant to Council resolution No. 705-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-5-1-30 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #929-71 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 15, 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. 69-7-1-23 submitted by John F. Dooley, Attorney for Gil Investment Company, Inc., for a change of zoning of property located on the north side of Schoolcraft Road, east of Levan, in the Southeast 1/4 of Section 20 from C-1 to C-2, the City Planning Commission having in its resolution No. 11-126-70 recommended to the City Council that Petition No. 69-7-1-23 be denied; 2. Petition No. 71-6-1-40 submitted by William N. Ponder, Attorney for Harry and Mary Pierce for a change of zoning of property located on the south- west corner of Farmington Road and Richland in the Northeast 1/4 of Section 14, from RUF to P.S., the City Planning Commission having in its resolution No. 8-221-71 recommended to the City Council that Petition No. 71-6-1-40 be denied; 12486 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 and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. The communication dated September 20, 1971 from the Planning Commission, withdrawing Petition No. 71-6-1-39, initiated by the Planning Commission, for the rezoning of property located on the east side of Farmington Road, between Eight Mile and. Norfolk in the Northwest 1/4 of Section 3, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Milligan, and unanimously Ladopted, it was #930-71 RESOLVED, that having considered a communication dated August 16, 1971 from the City Planning Commission which transmits its resolution No. 8-220-71 with regard to Petition No. 71-5-3-3-submitted by Pearl A. Faust for vacating a 20 foot wide alley south of and parallel to Seven Mile Road between Farmington and Filmore in the Northeast 1/4 of Section 9, City of Livonia, Wayne County, Michigan, the Council does hereby determine to concur in the recommendation of the Planning Commission and the said Petition No. 71-5-3-3 is hereby denied for the same reasons as those set forth in the aforesaid recommendation. Councilman Bennett gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 71-5-3-4) 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 Bennett gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 5 OF ARTICLE I OF TITLE 5 (SEWERS) OF THE LIVONIA CODE OF ORDINANCES, AS AMEND- ED, OF THE CITY OF LIVONIA BY AMENDING SECTION 5-511 (a) THEREOF 12487 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, and unanimously adopted, it was #931-71 RESOLVED, that having considered a letter submitted in behalf of the proprietor, Republic Development Corporation, 14201 West Eight Mile Road, Detroit, Michigan 48235, of Tiffany Park Subdivision No. 6 dated September 9, 1971, and before determining to install ornamental street lights with underground wiring in Tiffany Park Subdivision No. 6, in the City of Livonia, the cost of which is to be defrayed by special assess- ment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk L 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 should be included in the proposed special assessment district, pursuant to the provisions of Section 2-)14 of the Livonia Code of Ordinances, as amended. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #932-71 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 November, 1971: Wednesday, November 3, 1971, Wednesday, November 17, 1971. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #933-71 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution 1337-56, so as to permit consideration of several items that do not appear on the agenda. LBy Councilman Brown, seconded by Councilman Ventura, it was 12488 #934-71 RESOLVED, that having considered a communication from the Budget Director dated September 28, 1971, approved for submission by the Mayor, with regard to architectural fees for the District Court House, the Council does hereby authorize the transfer of the sum of $32,900.00 from the Building Maintenance and Sign Shop Account No. 924-975 to the Architectural Fee Account No. 882.7. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nmsh. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #935-71 RESOLVED, that having considered a communication dated October 5, 1971 from the Department of Parks and Recreation, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Blue Grass Lawn Supplies, 16185 Newburgh Road, Livonia, Michigan, for supplying the City with 6,000 yards of Merion sod for the District Court Building, for the price of $2,400.00, such having been in fact the lowest and only bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nish. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #936-71 RESOLVED, that having considered a communication dated October 5, 1971 from the Department of Parks and Recreation, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Century Supply Company, 3890 W. Eleven Mile Road, Berkley, Michigan, for supplying the City with sprinkling system materials for the District Court Building, for the price of $2,000.78, such having been in fact the lowest and only bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES• Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #937-71 RESOLVED, that having considered a ._ommunication dated October 5, 1971 from the City Planning Commission which transmits its resolution No. 10-268-71 adopted by the Commission on October 4, 1971 with regard to Petition No. 71-8-2-30 submitted by Andrew Ansara, 23420 Bonair, Dearborn Heights, Michigan requesting to erect a Big Boy Restaurant on property zoned C-2 located on the east side of Middlebelt between Seven Mile and Pembroke in the Southwest 1/4 of Section 1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 71-8-2-30 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the aforesaid recommendation of the Planning Commission. 12489 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Ventura and Nash. NAYS: Brown. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #938-71 RESOLVED, that having considered a communication received October 4, 1971 from Philip J. Volk, Chairman, Community for Peace, request- ing permission to hold a "Candle-light for Peace" action on grounds in front of the Livonia City Hall on the night of October 12, 1971, the Council does hereby concur in such request. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Bennett, Brown, Ventura and Nash. NAYS: Milligan. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Bennett, it was #939-71 RESOLVED, that having considered a letter dated October 1, 1971 from the Civil Service Commission, approved for submission by the Mayor, the Council hereby authorizes the payment of the sum of $21,606.00 to the firm of Milmet and Vecchio, Attorneys for services rendered in connection with the negotiations and preparation of Collective Bargaining Agreements with the various employees bargaining units of the City for the period from November 14, 1970 to August 31, 1971, and further, that the Budget Director be requested to advise the Council as to the availability of the necessary funds needed to supplement those funds previously budgeted for the current Fiscal Year for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Milligan, and unanimously adopted, this 720th regular meeting of the Council of the City of Livonia was duly adjourned at 10:10 P. M., October 6, 1971. .. ,,.....,.......„.) ' ADDISON W. BACO ' 'ty C -rk.