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HomeMy WebLinkAboutCOUNCIL MINUTES 1972-02-02 12700 MINUTES OF THE SEVEN HUNDRED TWENTY-EIGHTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On February 2, 1972, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8:10 P. M.. Councilman Bennett delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Peter A. Ventura, Robert E. McCann, Jerry Raymond, 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; Robert E. Osborn, Director of Public Works; Ronald Mardiros, City Assessor, Dan Gilmartin, Industrial Coordinator; G. E. Siemert, City Engineer; John Nagy, City Planner, John T. Dufour, Superintendent of Parks and Recreation; James L. Miller, Personnel Director; Calvin Roberts, Fire Chief; Robert Turner, Police Chief; H. L. Bridges, Assistant City Assessor; Frank Kerby, Chief Building Inspector; Carl Demek, Superintendent of Opera- tions Division, Jack Dodge, Budget Director; John Bunk, Fire Department; Michael Reiser, Water and Sewer Board; and Suzanne Taylor of the Planning Commission. By Councilman Ventura, seconded by Councilman Bennett, and unanimously adopted, it was #72-72 RESOLVED, that the minutes of the 727th regular meeting of the Council of the City of Livonia, held on January 19, 1972, are hereby approved. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #73-72 RESOLVED, that having considered a communication from the Mayor, dated January 27, 1972, with regard to certain city-owned park land located at 30595 Pickford, Livonia, Michigan, (known as the Wilkinson property), the Council does hereby determine to authorize the Department of Public Works to remove and dispose of the garage located on such property. 12 701 LBy Councilman McCann, seconded by Councilman Ventura, it was #74-72 RESOLVED, that having considered a communication dated January 28, 1972 from the Mayor wherein a recommendation is submitted for the employ- ment of an architect to design the proposed Department of Public Works facilities, the Council does hereby concur in such recommendation and does designate the firm of Ralls-Hamill-Becker Associates, Inc., 15223 Farming- ton 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 said architectural firm, for submission to Council for approval. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #75-72 RESOLVED, that the Council hereby acknowledges receipt of the Water Budget for the Fiscal Year 1972-73, as submitted by the Water and L Sewer Board under date of January 31, 1972, and does hereby refer the same to the Water and Sewer Committee for its report and recommendation. *Councilman Mi>>jgan arrived at 8:25 p. m. By Councilman Bennett, seconded by Councilman Brown, and*unanimously adopted, it was **76-72 RESOLVED, that having considered the communication dated January 31, 1972 from the Superintendent of Parks and Recreation, approved for submission by the Mayor, with respect to the proposal of Michigan Tree Service for the removal of 157 dead Elm trees in the Bell Creek Flood Area in exchange for 20 dead and dying Walnut trees in the same area, the Council does hereby table the same to the Study Session to be conducted on February 2, 1972. *Councilman Milligan abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2-119 of the Livonia Code of Ordinances. **Although the foregoing resolution was adopted at this time, it was later Lremoved from the table in Council Resolution #93-72 and acted upon in Council Resolution i#94-72. 12702 LCouncilman Brown gave second reading to the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY" OF LIVONIA ZONING ORDINANCE" BY AMENDING SECTION 16.11 THEREOF OF ARTICLE XVI. (Petition No. 71-9-6-6) By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that the Council does hereby determine to refer back to the Legislative Committee the proposed amendment to the Zoning Ordinance with respect to Petition No. 71-9-6-6 for definition of terms contained therein. A roll call vote was taken on the motion to refer with the following result: AYES: Bennett, Ventura and Raymond. NAYS: Brown, Milligan, McCann and Nash, The President declared the motion to refer DENIED. A roll call vote was taken on the foregoing Ordinance with the following result. LAYES: Brown, Milligan, McCann and Nash. NAYS: Bennett, Ventura and Raymond. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING CHAPTER 4 (LAND IMPROVEMENT INSPECTION ORDINANCE) TO TITLE 9 THEREOF. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. LThe President declared the foregoing Ordinance duly adopted and would become effective on publication. 12703 I, The communication dated January 18, 1972 from the Livonia Community Youth Employment, transmitting their report for the quarter ending December 31, 1971, was received and filed for the information of the Council. The communication dated January 19, 1972 from the Livonia Housing Commis- sion, transmitting status report on the Senior Citizens Turn Key Building, was received and filed for the information of the Council. By Councilman Brown, seconded by Councilman Milligan, it was #77-72 RESOLVED, that having considered a communication from the Personnel Director dated December 20, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on December 7, 1971, wherein the Commission did request an appropriation in the amount of $16.00 in order to make payment to Joseph Sopsich, Concrete Repairman in the Operations Division, for replacement of broken eyeglasses incurred while on the job, the Council does hereby determine to decline to make such appropriations since the claim made is with respect to a personal property loss. L. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Milligan and McCann. NAYS: Ventura, Raymond and Nash. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Ventura, it was #78-72 RESOLVED, that having considered a communication from the Personnel Director dated December 20, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on December 7, 1971, wherein the Commission did request an appropriation in the amount of $16.00 in order to make payment to Joseph Sopsich, Concrete Repairman in the Operations Division, for replacement of broken eyeglasses incurred while on the job, the Council, although it does not agree with the resolution adopted by the Civil Service Commission, authorizes the payment of the sum of $16.00 from the Unexpended Fund Balance Account to Joseph Sopsich; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Ventura, Raymond, McCann and Nash. NAYS: Brown and Milligan. The President declared the resolution adopted. 12704 By Councilman Bennett, seconded by Councilman Milligan, it was #79-72 RESOLVED, that having considered the recommendation of the Chief of Police and the Director of Public Safety-Police dated December 28, 1971, approved by the Budget Director and approved for submission by the Mayor, with respect to bids received for providing ambulance service to the City of Livonia and its residents, the Council does hereby accept the bid of Blue Streak Ambulance Service, 8536 Greenfield, Detroit, Michigan, for a period of two (2) years commencing February 17, 1972 and authorizes the Mayor and City Clerk to execute a contract for and on behalf of the City with the aforesaid bidder, to be based upon the same terms and conditions which are outlined in the City's current Ambulance Agreement, with a rate structure to be for the term of this contract as follows : City of Livonia Waive Residents - City of Livonia Oxygen Fee per Patient $ 2.00 Resuscitator Use per Patient No Charge Use of Stretcher per Patient $ 24.00 Cost per mile from Point of pick up to final destination $ 1.00 *(Outside of City Limits) further, the Department of Law is hereby requested to draft an agreement to implement the purpose of this resolution and the City Clerk is request- ed to do all things necessary or incidental to the full performance of this resolution. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated December 28, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits bids received in connection with providing ambulance service for residents of the City of Livonia, the Council does hereby refer the same to the Committee of the Whole for its consideration at a meeting to be conducted on February 9, 1972 at 7:0G P. M.; further, the Council does hereby determine to place this matter on its agenda for the regular meeting to be conducted on February 16, 1972 for appropriate action. A roll call vote was taken on the motion to refer with the following result: AYES: Ventura, Raymond and Nash. NAYS: Bennett, Brown, Milligan and McCann. The President declared the motion to refer DENIED. 12705 By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated December 28, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits bids received in connection with providing ambulance service for residents of the City of Livonia, the Council does hereby determine to table this matter until such time as the low bidder presents information as to their ability to perform with respect to the services required in this regard. A roll call vote was taken on the motion to table with the following result: AYES: Ventura, Raymond and Nash. NAYS: Bennett, Brown, Milligan and McCann. The President declared the motion to table DENIED. A roll call vote was taken on the original resolution with the following result. AYES: Bennett, Brown, Ventura, Milligan and McCann. NAYS: *Raymond and Nash. The President declared the resolution adopted. *Councilman Raymond made the following statement: My snot vote is cast for the reasons I stated earlier, mainly, the question as to whether or not the low bidder has the ability to perform the services required. By Councilman McCann, seconded by Councilman Milligan, it was 12706 #80-72 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated January 10, 1972, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Hun-Ray Tower Company, 4909 N. Dixie, Newport, Michigan, for supplying the City with a Radio Tower and Antenna System, including installation of same, for the price of $1,075.00, the same 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Milligan, it was #81-72 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated December 21, 1971, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of General Electric Company, 13365 Michigan Avenue, Dearborn, Michigan 48126, for supplying the City with thirteen Hand Held Transceivers for the price of $13,221.40, the same 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 : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Milligan, it was #82-72 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and the Budget Director dated January 6, 1972, approved for submission by the Mayor, the Council does hereby accept the bid of Lead Battery Company, 111 Victor Avenue, Highland Park, Michigan 48214, for supplying the Operations Division with the following designated batteries at the unit prices indicated for a period of one year from the effective date of this Resolution, the same having been in fact the lowest bid received for this item: Battery Unit Price PR3EE $ 18.40 24CT-65 18.47 24F-CT65 18.47 27-CT75 20.77 29NF-CT65 18.57 32N-CT75 20.94 1-CT115 16.74 2-CT130 18.50 4-CT160 21.36 5D-T17O 24.29. 12707 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #83-72 RESOLVED, that having considered a communication from the Water and Sewer Board dated December 21, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits its resolution No. WS 1565 12/71 with regard to bids received for water service parts and fittings, the Council does hereby accept the following low bids for supplying the City with the items indicated: 1. For Brass Goods : the low bid of Ellis & Ford Mfg. Company, Inc., P. 0. Box 308, Birmingham, Michigan, 48012, for a total price of $7,217.00. 2. For Stop Boxes and Rods: the low bid of East Jordan Iron Works, Inc., 13001 Northend Ave., Oak Park, Michigan, 48237, for a total price of $5,030.00. 3. For Road Boxes : the low bid of Ellis & Ford Mfg. Company, Inc., P.O. Box 308, Birmingham, Michigan, 48012, for a total price of $350.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded byCouncilman Ventura, it was # 4-72 RESOLVED, that having considered a communication from the Water and Sewer Board dated December 21, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits its resolution No. WS 1566 12/71 with regard to bids received for hydrant extensions, the Council does hereby accept the sole and low bid of East Jordan Iron Works, 13001 Northend Avenue, Oak Park, Michigan 48237, for supplying the Water Department with Hydrant Extensions in the sizes and at the unit prices designated for a period of one year from the effective date of this resolution: 6" Extension Complete $ 57.00 each ]2" Extension Complete 63.75 each 18" Extension Complete 74.00 each 24" Extension Complete 86.00 each 30" Extension Complete 116.00 each. 12708 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #85-72 RESOLVED, that having considered a communication from the Water and Sewer Board dated December 21, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits its resolution No. WS 1564 12/71 with regard to bids received for water service line parts and fittings, the Council does hereby accept the lowest bid meeting specifications of Ellis and Ford Mfg. Co., Inc., P. 0. Box 308, Birmingham, Michigan, 48012, for supplying the Water Department with Water Service Line Parts and Fittings at the unit prices indicated below for a period of one year from the effective date of this resolution: 1 1/2" 2 Pc. Unions, Copper to Copper, No. H15405 @ $ 5.43 each 2 " 2 Pc. Unions, Copper to Copper, No. H15405 @ 7.78 each 1 1/2" Oriseal Curb Stops, Copper to Copper, No. H15204, Mark II Oriseal @ 24.40 each L. 2 " Oriseal Curb Stops, Copper to Copper, No. H15204, Mark II Oriseal @ 36.15 each 1 1/2" Corporation Stops, Copper to Copper, No. H15000 @ 12.59 each 2 " Corporation Stops, Copper to Copper, No. H15000 @ 21.00 each. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #86-72 RESOLVED, that having considered a communication from the Water and Sewer Board dated December 21, 1971, approved by the Budget Director and approved for submission by the Mayor, which transmits its resolution No. WS 1563 12/71, the Council does hereby accept the bid of A.J. Baxter and Company, 10171 W. Jefferson, River Rouge, Michigan 48218, for supply- ing the Water Department with one (1) new Thor, Model 88L-09476A Reversible Aur Motor for McLaughlin Mfg. Co. (M266) Drill Rods for the price of $1,049.00, the same having been in fact the lowest bid received for this item. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 12709 By Councilman Brown, seconded by Councilman Ventura, it was #87-72 RESOLVED, that having considered a communication from the Mayor dated January 12, 1972, with regard to the employment of an additional six firemen for the purpose of opening Fire Station No. 6, the Council does hereby authorize the transfer of the sum of $50,000.00 for this purpose from the Unexpended Fund Balance Account to the following Accounts in the following amounts: Acct. No. 338-706 Firemen Salaries $40,000.00 Acct. No. 338-715 Employees Benefits 10,000.00 $50,000.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #88-72 RESOLVED, that having considered a communication from the Assistant Assessor dated January 13, 1972, approved by the City Assessor and approved for submission by the Mayor, with regard to the employment L. of temporary employees in the Assessor's office, the Council does hereby authorize the transfer of the sum of $2,926.00 for this purpose from the Unexpended Fund Balance Account to Account No. 202-707. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #89-72 RESOLVED, that having considered the communication from the Chief of Police and the Director of Public Safety-Police dated January 10, 1972, approved by the Budget Director and approved for submission by the Mayor, with regard to a Subgrant Award received by the City of Livonia in the amount of $100,640.00 from the Michigan State Office of Criminal Justice in order to implement a Community Service Officer Program, the Council does hereby appropriate and authorize the expenditure of the sum of $19,900.00 from the Unexpended Fund Balance Account for the purpose of providing the City's portion of matching funds required in order to implement this program; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. L12710 By Councilman Ventura, seconded by Councilman McCann, it was #90-72 RESOLVED, that having considered a communication from the Personnel Director dated January 5, 1972, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted on December 21, 1971 by the Civil Service Commission wherein a request is made for an appropriation in the amount of $435.00 for the purpose of making payment to Gabriel, Roeder, Smith & Company, Actuaries for actuarial services performed for the City's Bargaining Team in connection with proposed amendments to the Livonia Employees Retirement System, the Council does hereby appropriate and authorize the expenditure of the sum of $435.00 from the Unexpended Fund Balance Account to Account No. 220-819, Civil Service Professional Services, 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Personnel Director dated November 24, 1971, approved by the Budget Director and approved for submission by the Mayor which transmits a resolution adopted by the Civil Service Commission at its meeting of November 16, 1971, with regard to expenses incurrred by the firm of Milmet & Vecchio in conjunction with legal services rendered to the City in connection with negotiation of Collective Bargaining Agreements, the Council takes this means to clarify its prior action set forth in Council Resolution No. 939-71 adopted on October 6, 1971 as authorizing payment of the amount of $486.00 for the expenses detailed, as well as the sum of S21,120.00 for legal services rendered for the period from November 14, 1970 to August 31, 1971, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. By Councilman Raymond, seconded by Councilman Brown, it was 491-72 RESOLVED, that having considered a communication from the Personnel Director dated November 24, 1971, approved by the Budget Director and approved for submission by the Mayor which transmits a resolution adopted by the Civil Service Commission at its meeting of November 16, 1971, with regard to expenses incurred by the firm of Milmet & Vecchio in conjunction with legal services rendered to the City in connection with negotiation of Collective Bargaining Agreements, the Council does hereby refer this matter to the Mayor for his report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: Bennett. The President declared the resolution adopted. 12711 At 9:50 p. m., a recess was called after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 71-8-1-50 FOR CHANGE OF ZONING FROM C-1 TO C-2. At the direction of the Chair, the proposed amendment to the Zoning Ordinance with respect to Petition 71-8-1-50, having been introduced by Councilman Ventura, was referred to the Study Session to be conducted on February 7, 1972, for further consideration, and thereafter will be considered for roll call vote at the imi Regular Meeting to be conducted on February 16, 1972. By Councilman Brown, seconded by Councilman Bennett, it was #92-72 RESOLVED, that having considered a communication dated November 1, 1971 from the City Planning Commission which sets forth its resolution No. 10-274-71 with regard to Petition No. 71-8-1-55 submitted by William N. Ponder, Attorney for E. David Auer for a change of zoning on property located south of Ann Arbor Trail and east of Wayne Road in the Southwest 1/4 of Section 33, from C-1 and RUF to C-2, and the Council having conduct- ed a public hearing with regard to this matter on January 24, 1972 pursuant to Council resolution No. 1102-71, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 71-8-1-55 is hereby denied for the same reasons as those set forth in the action taken by the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Raymond, Milligan, McCann and Nash. NAYS: Ventura. The President declared the resolution adopted. 12712 By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #93-72 RESOLVED, that the Council hereby determines to remove from the table the item acted upon Council Resolution #76-72,earlier in this meet- ing with respect to the removal of dead Elm trees and dead and dying Walnut trees in the Bell Creek Flood Plain Area. By Councilman Bennett, seconded by Councilman McCann, it was #94-72 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated January 31, 1972, approved for submission by the Mayor, with regard to a proposal by the Michigan Tree Service proposing to cut down 157 dangerous dead Elm trees in the Bell Creek Flood Plain Area in exchange for 20 dead and dying Walnut trees in the same area, the Council does hereby determine to authorize the same based upon assurances that Michigan Tree Service will save the City of Livonia harmless for any and all claims that may be made in any manner whatsoever in this operation; further, that Michigan Tree Service will provide adequate insurance in a form approved by the Department of Law and that all work will be done in accordance with general forestry practices; and the Superintendent of Parks and Recreation and the Director of Public Works are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Raymond, Milligan and McCann. NAYS: Brown, Ventura and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Raymond, it was #95-72 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation dated January 7, 1972, approved by the Budget Director and approved for submission by the Mayor, with regard to two (2) water taps to be made for the underground sprinkling system installed at the District Court building, the Council does hereby appro- priate and authorize the expenditure of the amount of $732.49 from the Unexpended Fund Balance Account to Account No. 936-975, District Court Construction Account. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 12713 By Councilman Brown, seconded by Councilman Bennett, it was #96-72 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety-Police dated October 29, 1971, approved by the Budget Director and approved for submission by the Mayor, with regard to the addition of one sergeant classification to the 1971-72 Budget, the Council does hereby authorize the transfer of the sum of $686.40 from the Unexpended Fund Balance Account to Account No. 325-702, Patrol Bureau, for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #97-72 RESOLVED, that having considered a communication from the City Engineer dated October 28, 1971, approved by the Director of Public Works and approved for submission by the Mayor, as well as a communication dated December 20, 1971 from the City Engineer and the Planning Director, approv- ed by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize and request the City Clerk to make application to the Detroit Edison Company on forms provided by such Company for the installation of two lights in Parking Lots A and C and four lights in Parking Lots B and D in the Plymouth Road Parking Lots located on the south side of Plymouth Road between Hubbard and Merriman in the City of Livonia, Michigan, such street lights to be of suitable lumen strength. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The communication dated January 11, 1972 from the Engineering Division, with respect to repair of pavement on Fairway Drive in Golfview Meadows Subdivision, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman McCann, it was #98-72 RESOLVED, that having considered a communication from the City Engineer and the Superintendent of Parks and Recreation dated December 21, 1971, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize and request the City Clerk to make application to the Detroit Edison Company on forms provided by such Company for the installation of lighting by the installation of additional lights at the following designated Parksites and in the manner as indicated in the aforesaid communication, such lights to be of suitable lumen strength: 12714 Existing Additional Location Park Site Lights Lights 1 Botsford Park 0 5(Code 20-3) 2 Castle Gardens Park 0 8(Code 20-3) 3 Kimberly Park 3 2(Code 20-3) 4 Algonquin Park 6 6(Code 20-3) 5 Buckingham Park 0 2(Code 20-3) 6 Cleveland Park 0 4(Code 20-3) 7 Rosedale Park 6 3(Code 20-3) 8 Veterans Memorial Park 0 4(Code 20-3) 9 Ford Field Parking Lots 6 2(Code 20-1) 4(Code 20-1) double lite 10 Whispering Willows Parking Lot 0 2(Code 20-3) double lite. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventur, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Bennett, it was #99-72 RESOLVED, that having considered a communication from the City Engineer dated January 4, 1972, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the completion of the remaining 330 feet of one-half width pavement of Curtis Avenue, west of Wayne Road, where the same is adjacent to the City-owned parksite located in Section 8, as well as the construction of approximately 650 feet of sidewalk in front of the aforesaid parksite, the Council does hereby authorize the Engineering Division to prepare specifications and thereafter take bids for the aforesaid construction in accordance with provisions of City Ordinance, further, the Council does hereby authorize the expenditure of a sum not to exceed $6,600.00 with regard to the aforesaid pavement as well as the sum of $2,000.00 for the said sidewalks from the 9.8 Million Dollar Street and Road General Obligation Bond Issue in order to finance the said improvements. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Milligan, it was #100-72 RESOLVED, that having considered a letter dated January 12, 1972 from the Mayor, the Council does hereby determine that the salary of the City Assessor shall be established at the sum of $3,600.00 annually, effective December 1, 1971 and payable in accordance with the provisions of the Charter of the City of Livonia, and the City Clerk is hereby authorized to do all things necessary for the full performance of this resolution. 12715 LA roll call vote was taken on the foregoing resolution with the following result: AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #101-72 RESOLVED, that having considered a communication from the City Clerk dated January 4, 1972, the Council does hereby designate the Livonia Observer as the Official Newspaper of the City of Livonia for the period of March 1, 1972 through February 28, 1973. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was RESOLVED, that having considered a communication from the Personnel Director dated January 4, 1972, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on L December 21, 1971, wherein the Commission did recommend that standby time of eight (8) hours of compensatory time per week-end be provided to foremen who are on standby time commencing at 5:00 p. m. on Friday until 7:00 a.m. the Monday morning following, the Council does hereby concur in and approve of such action as an amendment to the Compensation Plan. By Councilman Brown, seconded by Councilman Bennett, it was #102-72 RESOLVED, that having considered a communication from the Personnel Director dated January 4, 1972, approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commis- sion on December 21, 1971, wherein the Commission did recommend that standby time of eight (8) hours of compensatory time per week-end be pro- vided to foremen who are on standby time commencing at 5:00 p. m. on Friday until 7:00 a.m. the Monday morning following, the Council does hereby refer this matter to the Study Session to be conducted on February 7, 1972. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Milligan and McCann. NAYS: Ventura, Raymond and Nash. L The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Ventura, and unanimously adopted, it was 12716 4103-72 RESOLVED, that having considered the communication dated January 5, 1972 from the Superintendent of Parks and Recreation, approved by the Budget Director and approved for submission by the Mayor, with regard to fees proposed to be charged to various groups in connection with the use of Senior Citizen's Center, the Council does hereby refer this matter to the Parks and Recreation Commission for further study and thereafter a report and recommendation with respect to the same. The communication from the Bureau of Inspection dated January 13, 1972, reviewing the Ordinance controlling development in Civic Center Area, Wonderland Center, Livonia Mall and Six Mile-Newburgh Area, was received and filed for the information of the Council. The communication dated January 11, 1972 from the Department of Law, with respect to the disposition of City-owned property (CR-1119-71) was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Ventura, it was #104-72 RESOLVED, that having considered a communication dated January 24, 1972, submitted pursuant to council resolution 287-71, transmitting for acceptance a Deed of Executor dated January 13, 1972 and executed by Lillian Kerr and June Davis, Co-executrixes of Estate of George Fred Waack, Deceased, which deed conveys to the City property designated as Park Site A-5 and which is more particularly described as : That part of the N. E. 1/4 of Section 1, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the N. & S. 1/4 line of said section distant S. 0° 09' E., 1898.80 feet from the N. 1/4 corner of Section 1; and proceeding thence S. 0° 09' E. along said line 149.93 feet; thence N. 89° 51' E., 781.60 feet to the center line of Angling Road; thence N. 25° 34' 30" W., along said center line 66 feet; thence S. 89° 51' W., 159.57 feet; thence N. 73° 01' W., 70.76 feet; thence N. 46° 53 W. 38.88 feet, thence N. 29° 33' w., 49.15 feet; thence S. 89° 51' W. 473.82 feet to the point of beginning. 2.11 acres the Council does hereby for and in behalf of the City of Livonia accept the Deed of Executor and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds; 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; and further, the Council does hereby authorize the expenditure of 12717 the sum of S100 from the s4,400,000 Parks and Recreational Facilities General Obligation Bond Issue for the purpose of making payment for services rendered by two appraisers pursuant to the requirement set forth in Commitment for Title Insurance No. D-178030-F issued by Lawyers Title Ins. Corp., and the City Clerk, the City Assessor and the City Treasurer are herein requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #105-72 RESOLVED, that having considered a communication dated January 18, 1972 from the Department of Law transmitting for acceptance a Grant of Easement dated December 30, 1971 executed by Clarence B. Lee and Betty J. Lee, his wife, conveying to the City an easement in connection with the extension of a public sanitary sewer system to service a commercial development, said easement being more particularly described as: The North 12 feet of the South 198.0 feet of the North 462.0 feet of the E. 1/2 of the E. 1/2 of the N. E. 1/4 of Section 4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the East 60 feet thereof. (Bureau of Taxation Parcel 04C1) the Council does herein for and in behalf of the City of Livonia accept the aforesaid Grant of Easement and the City Clerk is herein 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #106-72 RESOLVED, that having considered a communication dated January 21, 1972 from the Department of Law, submitted pursuant to council resolu- tion No. 25-72, transmitting for acceptance a Warranty Deed dated January 20, 1972 and executed by John S. Wheelock and Katie Mae Wheelock, his wife, conveying: Lots 323 and 324, as platted, and 1/2 of vacated alley in rear of and adjacent thereto, Grennada Park Subdivision No. 1 of part of Northwest 1/4 of Section 22, Town 1 South, Range 9 East, Livonia Township (now City of Livonia), Wayne County, Michigan, as recorded in Liber 54, Page 77 of Plats, Wayne County Records. 12718 the Council does herein for and in behalf of the City of Livonia accept the Warranty Deed and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds; 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; and the City Clerk and the City Assessor are herein requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 71-8-1-53 FOR CHANGE OF ZONING FROM RUF 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. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Milligan, seconded by Councilman Brown, it was RESOLVED, that having considered a communication dated July 15, 1971 from the City Planning Commission which sets forth its resolution No. 6-161-71 with regard to Petition No. 71-4-1-25 submitted by William Brash- ear, Attorney for Iraj Rafani and Mohammed Rabbani for a change of zoning south of Six Mile Road, north of Munger in the Northeast 1/4 of Section 14, from RUF to P.S., and the Council having conducted a public hearing with regard to this matter on October 4, 1971 pursuant to Council resolu- tion No. 758-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-4-1-25 is hereby approved and granted, as revised, so as to exclude Lots 8 and 9 and an additional 70 feet of Lots 27 and 28 in the manner legally described in the aforesaid communication; 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. 12719 By Councilman Ventura, seconded by Councilman McCann, it was RESOLVED, that having considered a communication dated July 15, 1971 from the City Planning Commission which sets forth its resolution No. 6-161-71 with regard to Petition No. 71-4-1-25 submitted by William Brashear, Attorney for Iraj Rafani and Mohammed Rabbani for a change of zoning south of Six Mile Road, north of Munger in the Northeast 1/4 of Section 14, from RUF to P.S., and the Council having conducted a public hearing with regard to this matter on October 4, 1971 pursuant to Council resolution No. 758-71, the Council does hereby determine to table this matter until such time as plans for the said development are submitted. A roll call vote was taken on the motion to table, with the following result: AYES: Ventura, Raymond and McCann. NAYS: Bennett, Brown, Milligan and Nash. The President declared the motion to table DENIED. A roll call vote was taken on the original resolution with the following result: AYES: Brown and Milligan. NAYS: Bennett, Ventura, Raymond, McCann and Nash. The President declared the resolution DENIED. By Councilman Ventura, seconded by Councilman Bennett, it was #107-72 RESOLVED, that having considered a communication dated July 15, 1971 from the City Planning Commission which sets forth its resolution No. 6-161-71 with regard to Petition No. 71-4-1-25 submitted by William Brashear, Attorney for Iraj Rafani and Mohammed Rabbani for a change of zoning south of Six Mile Road, north of Munger in the Northeast 1/4 of Section 14, from RUF to P.S., and the Council having conducted a public hearing with regard to this matter on October 4, 1971 pursuant to Council resolution No. 758-71, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 71-4-1-25 is hereby denied for the following reasons: 1. The proposed zoning classification would be detrimental to the orderly and appropriate development of the surrounding area, 2. There is already a sufficient amount of professional service zoned land within the immediate area and adjacent to the area under petition to satisfy the need for professional service uses, 3. The proposed zoning change would be an arbitrary encroachment into a residential district and would intrude on residential- ly zoned lots facing an interior residential street; 4. To expand the professional service district south of the lots facing Six Mile Road would be detrimental to the adjacent residential neighborhood. 12720 A roll call vote was taken on the foregoing resolution with the following result: AYES : Bennett, Ventura, Raymond, McCann and Nash. NAYS: Brown and Milligan. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #108-72 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, March 13, 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. 71-10-6-8 submitted by the City Planning Commission on its own motion to amend Ordinance No. 543, the Zoning Ordinance of the City of Livonia, so as to clarify the language with respect to waiver uses in all zoning districts, the City Planning Commission in its resolution No. 12-341-71 recommended to the City Council that Petition No. 71-10-6-8 be approved; 2. Petition No. 71-10-1-61 initiated by Council resolution No. 783-70 for a change of zoning of property located on the north side of Five Mile Road between Hubbard Road and Ingram Avenue in the Southeast 1/4 of Section 15, from P, C-2 and R-1 to P.S. and P, the City Planning Commission having in its resolution No. 12-310-71 recommended to the City Council that Petition No. 71-10-1-61 be approved; 3. Petition No. 71-10-1-65 submitted by W.L. Baron for American Oil Company for a change of zoning of property located at the southwest corner of Schoolcraft and Farmington Roads in the Northeast 1/4 of Section 28, from M-1 to C-2, the City Planning Commission having in its resolution No. 12-320-71 recommended to the City Council that Petition No. 71-10-1-65 be approved; 4. Item No. 1 Petition No. 71-10-1-64 submitted by the City Planning Commission on its own motion for a change of zoning of properties located along the east and west right-of- way lines of Middlebelt Road between Five Mile Road and Six Mile Road in Section 13 and 14, from RUF to P.S., R-7, C-1 and P, the City Planning Commission having in its resolution No. 12-312-71 recommended to the City Council that Petition No. 71-10-1-64 be approved; 12721 Item 2 Petition No. 71-10-1-64 submitted by the City Planning Commission on its own motion for a change of zoning of properties located along the east and west right- of-way lines of Middlebelt Road between Five Mile Road and Six Mile Road in Section 13 and 14, from RUF to P.S., R-7, C-1 and P, the City Planning Commission having in its resolution No. 12-313-71 recommended to the City Council that Petition No. 71-10-1-64 be approved, Item 3 Petition No. 71-10-1-64 submitted by the City Planning Commission on its own motion for a change of zoning of properties located along the east and west right-of- way lines of Middlebelt Road between Five Mile Road and Six Mile Road in Section 13 and 14, from RUF to P.S., R-7, C-1 and P, the City Planning Commission having in its resolution No. 12-314-71 recommended to the City Council that Petition No. 71-10-1-64 be approved; Item 4 Petition No. 71-10-1-64 submitted by the City Planning Commission on its own motion for a change of zoning of properties located along the east and west right-of- way lines of Middlebelt Road between Five Mile Road and Six Mile Road in Section 13 and 14, from RUF to P.S., R-7, C-1 and P, the City Planning Commission having in its resolution No. 12-315-71 recommended to the City Council that Petition No. 71-10-1-64 be approved; Item No. 5 Petition No. 71-10-1-64 submitted by the City Planning Commission on its own motion for a change of zoning of properties located along the east and west right-of- way lines of Middlebelt Road between Five Mile Road and Six Mile Road in Section 13 and 14, from RUF to P.S., R-7, C-1 and P, the City Planning Commission having in its resolution No. 12-316-71 recommended to the City Council that Petition No. 71-10-1-64 be approved; Item No. 8 Petition No. 71-10-1-64 submitted by the City Planning Comission on its own motion for a change of zoning of properties located along the east and west right-of- way lines of Middlebelt Road between Five Mile Road and Six Mile Road in Section 13 and 14, from RUF to P.S., R-7, C-1 and P, the City Planning Commission having in its resolution No. 12-319-71 recommended to the City Council that Petition No. 71-10-1-64 be approved; 12722 5. Petition No. 71-6-1-34 submitted by the City Planning Commission pursuant to Council resolu- tion No. 1004-71 for a change of zoning of 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 P.S., the City Planning Commission having in its resolution No. 12-339-71 recommended to the City Council that Petition No. 71-6-1-34 be approved; 6. Petition No. 71-11-1-69 submitted by the City Planning Commission on its own motion for a change of zoning of property located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast 1/4 of Section 4, from RUF to R-7, the City Planning Commission having in its resolution No. 12-324-71 recommended to the City Council that Petition No. 71-11-1-69 be approved; and 7. Petition No. 71-11-1-68 submitted by Robert C. Horvath for a change of zoning of property located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northwest 1/4 of Section 4, from RUF to P, the City Planning Commission having in its resolution No. 12-337-71 recommended to the City Council that Petition No. 71-11-1-68 be denied; further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing to cause to have a statement indicating the nature of the proposed amendment to the Zoning Ordinance and the location of the proposed changes of zoning as set forth above first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to not less than fifteen (15) days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution. The communication dated January 10, 1972 from the City Planning Commission, withdrawing Item No. 6 from their Petition 71-10-1-64, was received and filed for the information of the Council. The communication dated January 10, 1972 from the City Planning Commis- sion, withdrawing Item No. 7 from their Petition 71-10-1-64, was received and filed for the information of the Council. 12723 By Councilman Ventura, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication dated January 10, 1972 from the City Planning Commission, which transmits its resolution No. 12-326-71 adopted by the Commission on December 7, 1971 with regard to Petition No. 71-11-2-33, submitted by Sun Oil Company requesting per- mission to replace an old service station with a modern colonial-type station as a waiver use on property zoned C-2, located on the south side of Five Mile Road between Inkster Road and Arcola in the Northeast 1/4 of Section 24, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 71-11-2-33 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. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Milligan and McCann. NAYS : Bennett, Brown, Raymond and Nash. The President declared the resolution DENIED. By Councilman Raymond, seconded by Councilman Bennett, it was #109-72 RESOLVED, that having considered a communication dated January 10, 1972 from the City Planning Commission, which transmits its resolution No. 12-326-71 adopted by the Commission on December 7, 1971 with regard to Petition No. 71-11-2-33, submitted by Sun Oil Company requesting permission to replace an old service station with a modern colonial-type station as a waiver use on property zoned C-2, located on the south side of Five Mile Road between Inkster Road and Arcola in the Northeast 1/4 of Section 24, the Council does hereby determine to table this matter to the first Regular Meeting to be conducted in March 1972. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, McCann and Nash. NAYS: Milligan. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bennett, it was RESOLVED, that having considered a communication dated January 13, 1972 from the City Planning Commission, which transmits its resolution No. 12-338-71 adopted by the Commission on December 14, 1971 with regard to Petition No. 71-11-2-35, submitted by H. Scott Davidson requesting per- mission to operate an Astro Tune-up Center (automobile) as a waiver use on property zoned C-2, located on the east side of Middlebelt between Five Mile Road and Elsie in the Northeast 1/4 of Section 24, the Council does hereby concur in the recommendation made by the City Planning Com- mission and Petition No. 71-11-2-35 is hereby approved and granted, such action to be based upon the same conditions as are set forth in the afore- said recommendation of the Planning Commission. 12724 By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #110-72 RESOLVED, that having considered a communication dated January 13, 1972 from the City Planning Commission, which transmits its resolu- tion No. 12-338-71 adopted by the Commission on December 14, 1971 with regard to Petition No. 71-11-2-35, submitted by H. Scott Davidson request- ing permission to operate an Astro Tune-up Center (automobile) as a waiver use on property zoned C-2, located on the east side of Middlebelt between Five Mile Road and Elsie in the Northeast 1/4 of Section 24, the Council does hereby determine to refer this matter to the Study Session to be conducted on February 7, 1972. By Councilman Raymond, seconded by Councilman Ventura, it was #111-72 RESOLVED, that having considered the report and recommendation dated January 18, 1972 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby amend Item No. 8 of Cozncil Resolution No. 809-71 adopted on August 25, 1971 so as to further reduce the financial assurances now on deposit with the City for General Improvements in Linden Park Subdivision to $120,000.00 of which at least $10,000.00 shall be in cash, to cover the cost of remaining improvements in said subdivision, and the financial L assurances now on deposit with the City, if any, shall be reduced accord- ingly; further, the financial assurances now on deposit with the City for Sidewalk Improvements shall remain the same and unchanged, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was #112-72 RESOLVED, that the Council of the City of Livonia does hereby determine that the period within taxes due December 1, 1971 will be paid without penalty is hereby extended until 5:00 p. m., Tuesday, February 29, 1972. A roll call vote was taken on the foregoing resolution with the following result- AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The President declared the resolution adopted. 12725 By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication dated December 1, 1971 from the Assistant City Assessor and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, as well as Section 18.46 of Ordinance No. 543, the City of Livonia Zoning Ordinance, as amended, the Council does hereby find that the proposed Division of Tax Item OlAlal-- H1,01c93 to 102a would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing of same into two parcels, the legal descriptions of which shall read as follows: Parcel A Pt of NE 1/4 of Sec 1, T1S R9E and pt of Argonne Annex Sub. L46 of Plats P 35 WCR, beginning s 0° 09' E, 60 ft and due E, 353.77 ft from N 1/4 cor Sec 1, S 2° 10' W, 486.20 ft due E, 1076.20 ft, the 1° 01' E, 100 ft, th N 88° 52' E, 231.46 ft th N 1° 13' W, 288 ft th N 88° 43' E, 129.70 ft, th N 1° 25' E, 86.10 ft, th N 61° 44' W, 256.53 ft, th S 28° 16' W, 86.88 ft, th N 61° 44' W, 153.28 ft th M 1° 10' W, 63.84 ft th due W, 831.53 ft, th S 0° 10' E, 150 ft, th S 89° 50' W 156 ft th N 2° 10' E 150 ft th due 1433 ft POB 12.34 acres, except that part of the N.E. 1/4 of Section 1, T. 1S., R. 9E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the S'ly line of Grand River Avenue, distant N. 89° 50' 00" E. 1374.64 ft. and S. 00° 05' 20" E. 60.00 ft and N. 89° 50' 00" E. 69.33 ft. and S. 60° 24' 00" E. 311.84 ft. from the N. 1/4 corner of Section 1, T. 1S., R. 9E., and proceeding thence along the S'ly line of Grand River Ave. S. 60° 24' 00" E. 69.36 ft.; thence S. 00° 14' 25" E. 86.75 ft.; thence S. 89° 46' 35" W. 129.70 ft.; thence N. 29° 36' 00" E. 139.75 ft. to the point of beginning. Containing 1.0472 Square feet or 0.24040 Acres. Drive Easement: That part of the N.E. 1/4 of Section 1, T. 1S., R 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the Southline of Grand River Ave. distant N. 89° 50' 00" E. 1374.64 ft. and S. 00° 05' 00" E. 1374.64 ft. and S. 00° 05' 20" E. 60.00 ft. and N. 89° 50' 00" E. 69.33 ft. and S. 60° 24' 00" E. 281.84 ft. from the N. 1/4 of Section 1, T. 1S., R9E., and proceeding thence along the S. line of Grand River Avenue, S. 60° 24' 00" E. 30.00 ft.; thence S. 29° 36' 00" W. 180.00 ft.; thence N. 60° 24' 00" W. 30.00 ft. thence N. 29° 36' 00" E. 180.00 ft. to the point of be- ginning. Containing 5,400 square feet or 0.10330 acres. 12726 Parcel_B That part of the N.E. 1/4. of Section 1, T. 1S., R 9E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the S'ly line of Grand River Avenue, distant N. 89° 50' 00" E. 1374.64 ft. and S. 00° 05' 20" E. 60.00 ft. and N. 89° 50' 00" E. 69.33 ft. and S. 60° 24' 00" E. 311.84 ft. from the N 1/4 corner of Section 1, T. 1S., R. 9E., and proceeding thence along the S'ly line of Grand River Ave. S. 60° 24' 00" E. 69.36 ft.; thence S. 00° 14' 25" E. 86.75 ft.; thence S. 89° 46' 35" W. 129.70 ft.; thence N. 29° 36' 00" E. 139.75 ft. to the point of beginning. Containing 1.0472 square feet or 0.24040 acres. Drive Easement: That part of the N.E. 1/4 of Section 1, T. 13., R. 9E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the Southline of Grand River Ave. distant N. 89° 50' 00" E. 1374.64 ft. and S. 00° 05' 00" E. 1374.64 ft. and S. 00° 05' 20" E. 60.00 ft. and N. 89° 50' 00" E. 69.33 ft. and S. 60° 24' 00" E. 281.84 ft. from the W. 1/4 of Section 1, T. 1S., R. 9E., and proceeding thence along the S. line of Grand River Avenue, S. 60° 24' 00" E. 30.00 ft.; thrnce S. 29° 36' 00" W. 180.00 ft.; thence N. 60° 24' 00" W. 30.00 ft.; thence N. 29° 36' 00" E. 180.00 ft. to the point of beginning. Containing 5,400 square feet or 0.10330 acres; 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; Ventura and Milligan. NAYS: Bennett, Brown, Raymond, McCann, and Nash. The President declared the resolution DENIED. By Councilman Brown, seconded by Councilman Raymond, it was #113-72 RESOLVED, that having considered a communication dated December 1, 1971 from the Assistant City Assessor 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 determine to deny the request for dividing Tax Parcel 01Alal--H1,01c93 to 102a into two parcels since the 12727 same would create two parcels which would be in violation of the Cityts Zoning Ordinance and Law. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Raymond, McCann, and Nash. NAYS: Ventura and Milligan. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Milligan, it was #114-72 RESOLVED, That National Bank of Detroit, Detroit, Michigan, be and is hereby appointed Paying Agent for $280,000 City of Livonia, Wayne County, Michigan, General Obligation Senior Citizens Housing Bonds, dated May 1, 1971, as more fully described on attached Exhibit A. BE IT FURTHER RESOLVED, That National Bank of Detroit shall be paid, as compensation for its services, fees on the following basis: Account Maintenance Fee - to be billed semiannually. X0.00 per annum. For Payment of Interest Coupons To-ari. per coupon. For Payment of Coupon Bonds At Maturity or on Redemption Prior to Maturity Men All Outstanding Bonds are to be Redeemed tel. 0 per bond. On Redemption Prior to Maturit Vhen Less Than All Outstanding Bonds are to be Redeemed $1.7 er bond. w Plus Out-Of-Pocket Expenses, (e.g., postage, registered mail, surcharge,etc) BE IT FURTHER RESOLVED, That all statements of account and, unless cremation has been authorized by separate Agreement, all cancelled obligations shall be forwarded by the Paying Agent to: Addison W. Bacon, City Clerk 33001 Five Mile Road Livonia, Michigan 48154 Telephone: GA 1-2000 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 12728 By Councilman Bennett, seconded by Councilman Raymond, and. unanimously adopted, it was #115-72 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 March, 1972: Wednesday, March 1, 1972 Wednesday, March 15, 1972 Wednesday, March 29, 1972 By Councilman Bennett, seconded by Councilman Brown, it was #116-72 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 105 more particularly described in Council resolution No. 829-71 adopted on September 8, 1971, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in Judson Gardens Sub- division No. 4 in the N.E. 1/4 of Section 17 of the City of Livonia, Michigan, in said Special Assessment District No. 105; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental poles and underground wiring and that the assessments set forth in said Special Assessment District No. 105 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolution of the City Council, said Special Assessment Roll No. 105 based on installation of ornamental poles and underground wiring is hereby approved and confirmed in all respects pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Cleric is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was 12729 #117-72 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 106 for the street improvement on Antago between Seven Mile Road and Vassar Avenue in Section 1 of the City of Livonia, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing thereafter having been held thereon on Monday, January 24, 1972 at 8:00 p.m. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 106; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments: NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated November 2, 1971 in the amount of $12,000.00 are fair and equitable and based upon benefits to be derived by construction of improve- ments in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 106 is hereby approved and confirmed in all respects; (3) the amount of said roll shall be divided into five (5) equal annual installments with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1972. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be re- duced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1972 and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of con- firmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by 12730 said Section 2-5J.9. Any property owner assessed may, within sixty days (60) from December 1, 1972 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1972 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1972 and thereafter one (1) in- stallment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, how- ever, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordi- nances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid installments. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Brown, it was #118-72 WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 107 for the paving of Vassar Avenue, Middlebelt to Parkville in Section 1, in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, a public hearing hereafter having been held thereon on Monday, August 23, 1971 at 8:00 p.m. at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street improvements to be constructed in Special Assessment District No. 107; and LEAS, the City Council has heard and carefully considered all objections made to said assessments: NOW, THEREFORE, BE IT RESOLVED, THAT: (1) The City Council does hereby determine that the assessments set forth in said Special Assessment Roll dated October 1i , 1971, in the amount of 12731 $33,298.68, are fair and equitable and based upon benefits to be derived by construction of improve- ments proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 107 is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at a rate not to exceed six percent (6%) per annum on the unpaid balance of the assessment from sixty (60) days after December 1, 1972. In such cases where the installments will be less than Ten Dollars ($10.00) the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1972 and subsequent installments on December 1st of succeeding years; (4) Pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the assessment roll, and the said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is re- quired by Section 2-519 of the Livonia Code of Ordinances, as amended, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 2-519. Any property owner assessed may, within sixty days (60) from December 1, 1972 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1972 City tax roll in the manner required by Section 2-521 of the Livonia Code of Ordinances, as amended, together with interest upon all unpaid installments from sixty (60) days after December 1, 1972 and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, either within the sixty (60) day period as provided by Section 2-520, or after the expiration of the sixty (60) day period as provided by Section 2-523 then there shall be spread upon the tax roll for such year only the interest for all unpaid in- stallments. 12732 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None, By Councilman Raymond, seconded by Councilman Bennett, it was #119-72 RESOLVED, that having considered a communication dated November 1, 1971 from the City Planning Commission which sets forth its resolution No. 10-278-71 with regard to Petition No. 71-9-1-57 submitted by John Dooley, Attorney for Warren M. Strong, for a change of zoning on property located north of Five Mile Road, east of Middlebelt Road in the Southwest 1/4 of Section 13, from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on January 24, 1972, pursuant to Council resolution No. 11-2-71, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 71-9-1-57 is hereby approved and granted, as revised, pursuant to a request submitted by Mr. John Dooley, Attorney for the Petitioner, dated January 26, 1972, wherein the Petitioner has requested that the subject property be rezoned from RUF to P; 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman McCann, seconded by Councilman Brown, it was #120-72 RESOLVED, that having considered a communication dated November 1, 1971 from the City Planning Commission which sets forth its resolution No. 10-275-71 with regard to Petition No. 71-9-1-56 submitted by Clarence R. Charest and Frank A. Clancy for a change of zoning on property located on the south side of Five Mile Road between Fairfield and Hubbard Road in the Northwest 1/4 of Section 22, from R-7 to P, and the Council having conducted a public hearing with regard to this matter on January 24, 1972 pursuant to Council resolution No. 1102-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-9-1-56 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: 12733 AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #121-72 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 Brown, it was #122-72 RESOLVED, that having considered a communication dated January 27, 1972 from the Community Commission on Drug Abuse, the Council hereby authorizes the City Clerk and City Treasurer to disburse the sum of a6,800.00 to the Commission; said funds having been duly appropriated in the Mayor 's 1971-72 Fiscal Year Budget under Activity No. 618, Account No. 968. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #123-72 RESOLVED, that having considered the report and recommendation from the Parks and Recreation Commission dated January 24, 1972, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the low bids specified in the amounts specified as set forth in the attached Baseball Bid Recommendation - 1972. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None, By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #124-72 RESOLVED, that with respect to the six requests for approval of applications for a new Class "C" Liquor License, which are as follows: LSam Moy, Rocco Corsi, Charles Roy, Marvin Chin, John Del Signore and Joseph J. Bargagna, the Council does hereby refer this matter for consideration at a 12734 L Committee of the Whole meeting to be conducted on February 7, 1972, at 9:30 p. m., at which time the foregoing six applicants are requested to appear and present their proposed plans. By Councilman Ventura, seconded by Councilman Bennett, it was #125-72 RESOLVED, that having received a communication from the Assistant City Assessor dated February 2, 1972, approved for submission by the Mayor and pursuant to Section 6 of Chapter VIII of the Charter of the City of Livonia, the Board of Review (Tax Assessment) shall convene for its First and Second Sessions on the following dates: FIRST SESSION Tuesday March 7, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m. Wednesday March 8, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m. Thursday March 9, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m. Friday March 10, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m. Saturday March 11, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4:00 p. m. SECOND SESSION Monday March 13, 1972 9:00 a.m. - 12:00 noon 1:30 p. m. - 4:30 p. m. Tuesday March 14, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m. Wednesday March 15, 1972 1:30 p. m. - 8:00 p. m. Thursday March 16, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4.30 p. m. Friday March 17, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m. Saturday March 18, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4.30 p. m. Monday March 20, 1972 9.30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m. Tuesday March 21, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m. Wednesday March 22, 1972 3:00 p. m. - 9:00 p. m. Thursday March 23, 1972 9.30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m. Friday March 24, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m. Saturday March 25, 1972 9.30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m. Monday March 27, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m Tuesday March 28, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m., Wednesday March 29, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m. Thursday March 30, 1972 9:30 a.m. - 12:30 p.m. 1:30 p. m. - 4:30 p. m. A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was L #126-72 RESOLVED, that having considered a request made by Commercial Removal, Inc. for permission to install and operate a refuse compactor at the City's Land Reclamation Site in Section 27, the Council does hereby approve and authorize the same, such action to be conditioned upon first optaining approval from the Director of Public Works with respect to the installation and operation of same. 12735 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, this 728th regular meeting of the Council of the City of Livonia was duly adjourned at 11:55 P.M., February 2, 1972. ADDISON W. : .ill, Ci , Clerk.