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HomeMy WebLinkAboutCOUNCIL MINUTES 1971-07-14 12261 MINUTES OF THE SEVET: HUNDRED FOURTEENTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 14, 1971, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the President of the Council at approximately 8.05 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: Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney, Robert E. Osborn, Director of Public Works, Stanley Bien, Chief Librarian, Dan Gilmartin, Industrial Coordinator; G. E. Siemert, City Engineer; Calvin Roberts, Chief of Fire Division, Rudolf R. Kleinert, Director of Public Safety-Fire; Ronald Mardiros, City Assessor; H. L. Bridges, Assistant City Assessor; Richard Jones, Water and Sewer Department, Carl Demek, Superintendent of Operations Division; James Miller, Personnel Director, John Nagy, City Planner, Jack Dodge, Budget Director, Thomas Griffiths, Chief Accountant; Dan Andrew, Planning Commission; Frank Kerby, Chief Building Inspector, Michael Reiser, Water and Sewer Board, and John McCann of Wayne County Commission. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #627-71 RESOLVED, that the minutes of the 713th regular meeting of the Council of the City of Livonia, held on June 30, 1971, are hereby approved. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #628-71 RESOLVED, that the minutes of the 136th special meeting of the L Council of the City of Livonia, held on July 7, 1971, are hereby approved. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was 12262 #629-71 RESOLVED, that having considered the report and recommendation of the Legislative Committee, issued on July 14, 1971 and submitted pursuant to Council Resolution #505-71 in connection with proposed ordinance amend- ments to Section 25.04 and Section 26.04 of the Zoning Ordinance, as amended, which proposed amendments would designate minimum and maximum height and story limitations for buildings located in the C-4 and P. 0. Zoning Districts, the Council does hereby determine that pursuant to Section 23.01(a) on its own motion, that the City Planning Commission shall conduct a Public Hearing, and thereafter submit its report and recommendation to Council with regard to the proposed ordinance amendments, provided, however, that min n m and maximum stories and heights of buildings in the C-4 and P. 0. classifications without any further designations shall be 3 - 4 stories, and with respect to the designations of• "A" shall be 5 - 6 stories "B" shall be 7 - 8 stories "C" shall be 9 - 20 stories. By Councilman Ventura, seconded by Councilman McCann, it was #630-71 RESOLVED, that having considered a communication from the City Engineer dated July 12, 1971, approved by the Director of Public Works and approved for submission by the Mayor with regard to the construction of a grade separation on Middlebelt Road where the same is traversed by the C & 0 Railway, the Council takes this means to indicate to the Wayne County Road Commission that due to the great cost involved in providing a temporary by-pass road during the construction of the said grade separation, that Middlebelt Road between Schoolcraft and Plymouth Roads be closed to all through traffic during this period, unless or until such time as funds may be obtained for the purpose of providing such a temporary by-pass road from the State of Michigan or any other available source, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Board of Wayne County Road Commissioners. 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 #631-71 RESOLVED, that having considered a communication from the Budget Director dated July 13, 1971, approved for submission by the Mayor, with regard to those fund balances of special assessment districts where the same have accumulated interest as a result of delinquencies and penalties and/or where a surplus has been derived which is less than 5% of the assessments all of which totals a sum in the amount of $139,042.07 as detailed and set forth in the schedule attached to the aforesaid communica- tion, the Council does hereby determine to amend and revise the current 1970-71 Budget so as to reflect an increase of revenues by a like amount and does further authorize an additional appropriation in such amount of $139,042.07 to Account No. 975, District Court Construction Account, and the City Clerk and Budget Director are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. 12263 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 #632-71 RESOLVED, That National Bank of Detroit, Detroit, Michigan, be and is hereby appointed Paying Agent for $570,000 City of Livonia, Wayne County, Michigan, Motor Vehicle Highway Fund Bonds (1969 Series), dated July 1, 1969, 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 $50.00 per annum. For Payment of Interest Coupons $0.14 per coupon. For Payment of Coupon Bonds At Maturity or on Redemption Prior to Maturity When All Outstanding Bonds are to be Redeemed $1.50 per bond. On Redumption Prior to Maturity When Less Than All Outstanding Bonds are to be Redeemed $1.75 per bond. 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 b4-en authorized by separate Agreement, all cancelled obli- gations shall be forwarded by the Paying Agent to City of Livonia City Hall 33001 Five Mile Road Livonia, Michigan 48154 Attention: City Clerk. 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. IftyBy Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was 12264 #633-71 RESOLVED, that having considered a communication dated July 8, 1971 from the Michigan Municipal League with respect to the annual meeting of the members of the Michigan Municipal League to be conducted at Mackinac Island from September 2, 1971 to September 4, 1971, the Council does hereby determine to designate Edward H. McNamara as a voting delegate and Official Representative of the City of Livonia at such annual meeting and Robert F. Nash as the alternate voting delegate and Representative of the City of Livonia in this regard; and the City Clerk is hereby requested to forward a copy of this resolution to the Michigan Municipal League at its headquarters, 1675 Green Road, Ann Arbor, Michigan 48105. Councilman Ventura gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 24 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 70-6-1-26 FOR CHANGE OF ZONING FROM C-1 TO C-2. A roil 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 SECTION 21 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: PET. 70-11-1-43 FOR CHANGE OF ZONING FROM R-2 TO R-7. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Raymond and Milligan. NAYS: McCann, Bennett, Brown, Ventura and Nash. The President declared the foregoing Ordinance NOT adopted. By Councilman McCann, seconded by Councilman Brown, it was 12265 634-71 RESOLVED, that having considered the report and recommendation dated January 4, 1971 from the City Planning Commission which sets forth its resolution No. 12-136-70 in regard to Petition No. 70-11-1-43 submitted by Richard E. Gabel and Edward C. Levy for a change of zoning on property located north of Schoolcraft and west of Farmington Road in the Southwest 1/4 of Section 21, from R-2 to R-7, and the Council having conducted a public hearing with regard to this matter on March 8, 1971, pursuant to Council resolution No. 71-71, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition No. 70-11-1-43 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: McCann, Bennett, Brown, Ventura and Nash. NAYS: Raymond and Milligan. The President declared the resolution adopted. Councilman Milligan gave first reading to the following Ordinance : AN ORDINANCE AMENDING SECTION 15 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 70-7-1-29 FOR CHANGE OF ZONING FROM C-2 AND R-1 TO C-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. By Councilman Bennett, seconded by Councilman Ventura, it was RESOLVED, that the Council does hereby determine to rescind Council resolution No. 502-71 adopted on June 2, 1971, with regard to a proposed amendment to the Zoning Ordinance and Map in connection with Petition No. 70-7-1-29, as revised, submitted by the City Planning Commission on its own motion for a change of zoning from C-2 and R-1 to C-4 in Section 15. A roll ca1l vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown and Ventura. NAYS: Raymond, Milligan, McCann and Nash. The President declared the resolution denied. 12266 At 8:50 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. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #635-71 RESOLVED, that having considered a communication from the City Planning Commission dated June 21, 1971, which transmits its resolution No. 5-142-71 adopted by the Commission on May 25, 1971 with regard to Petition No. 71-4-8-5 requesting site plan approval for a medical-dental office complex proposed to be located on Farmington Road between Six Mile Road and Curtis in Section 10, the Council does hereby, pursuant to provisions set forth in Section 9.02 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 71-4-8-5 is hereby approved, such approval to be based upon the same conditions as those that are set forth in the action of the City Planning Commission. By Councilman Bennett, seconded by Councilman Brown, it was #636-71 RESOLVED, that having considered a communication from the Superintendent of Operations, the Director of Public Works and the Budget Director dated May 17, 1971, approved for submission by the Mayor, the Council does hereby accept the bid of Frank L. Jursik Company for supplying the Operations Division with two (2) Hercules Galion Model 400 F Body and F5381 Hoist 5 to 6 Yard Dump Body and Hoist Combination for a unit price of $1,397.00 each or a total price of $2,794.00, the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was #637-71 RESOLVED, that having considered a communication from the Chief of the Fire Division dated June 25, 1971, approved by the Director of Public Safety-Fire and the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the Fire Division and the Budget Director to do all things necessary for the purpose of advertising in order to obtain bids for the purchase of 3,000 feet of 1-1/2 inch double jacket fire hose in accordance with the provisions set forth in the Livonia Code of Ordinances. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was 12267 #638-71 RESOLVED, that having considered a communication from the Chief of the Fire Division dated June 22, 1971, approved by the Director of Public Safety-Fire and the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the Fire Division and the Budget Director to do all things necessary for the purpose of advertising in order to obtain bids for the purchase of two Mobile Radios in accordance with the provisions set forth in the Livonia Code of Ordinances. By Councilman Brown, seconded by Councilman Bennett, and unanimously adopted, it was #639-71 RESOLVED, that the Council having considered a communication dated June 21, 1971 from the City Engineer, submitted pursuant to C.uncil resolu- tion No. 404-71, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring in Dover Courts Subdivi- sion No. 2 in the Southwest 1/2 of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of June 21, 1971 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, August 23, 1971 at 8:00 p. m., as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Bennett, seconded by Councilman Brown, it was #640-71 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated August 17, 1970 and in accordance with the provisions of Section 2-5C6 of Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, containing a report with regard to the installations of sidewalks on Merriman Road (Five Mile to Seven Mile Roads), Puritan Avenue (Merriman to Henry Ruff - South Side) and Grove Drive (Merriman to Nottingham Woods - North Side) in Sections 10, 11, 14 and 15, T. 1 S., R. 9 E., City of Livonia, 12268 Wayne County, Michigan, and a public hearing having been held thereon on June 14, 1971 pursuant to Council resolution No. 381-71, after due notice as required by Title 2, Chapter 5 of said Code, as amended, and after a careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the Special Assessment Proceeding heretofore commenced for the proposed improvement, it being the determination of the Council that there is no necessity for this project at this time. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Bennett, Brown and Ventura. NAYS: Milligan, McCann and Nash. The President declared the resolution adopted. *Councilman Raymond was excused at 9:10 p. m. By Councilman Ventura, seconded by Councilman Milligan, it was ##641-71 RESOLVED, that having considered a communication from the Autry Electric Company dated June 7, 1971, wherein the aforesaid has requested that the City provide storm drainage to service property described as Lot No. 822b located in Section 28, City of Livonia, Wayne County, Michigan, the Council does hereby refer the same to the City Engineer for his report and recommendation. A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. The President declared the resolution adopted. *Councilman Raymond returned at 9:11 p. m. By Councilman Brown, seconded by Councilman McCann, and unanimously adopted, it was ##642-71 RESOLVED, that having considered a communication from the Director of Industrial Relations of Plastomer Corporation dated June 18, 1971, wherein it is stated that a potentially dangerous traffic situation exists at the corner of Newburgh and Amrhein Roads, the Council does hereby refer the same to the Traffic Commission and the Police Division for their respective reports and recommendations. By Councilman Bennett, seconded by Councilman Ventura, it was 12269 #643-71 RESOLVED, that having considered a communication from the City Engineer dated June 22, 1971, approved by the City Attorney and the Director of Public Works and approved for submission by the Mayor, with respect to an agreement between the City of Livonia and the Board of Wayne County Road Commissioners for the widening of the Middlebelt Road bridge over the Bell Creek, the Council does hereby amend Council Resolution No. 514-71, dated June 2, 1971, so as to authorize the Mayor and the City Clerk to enter into said agreement at a revised estimated cost of $26,800.00 of which the City's share would be $10,700.00 which amount represents 40% of the total estimated cost. 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 Milligan, it was #644-71 RESOLVED, that having considered the report and recommendation dated March 25, 1971 from the City Planning Commission which sets forth its resolution No. 3-67-71 in regard to Petition No. 71-2-1-8 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the northeast corner of Schoolcraft and Middlebelt Roads in the Southwest 1/4 of Section 24, from C-2 to P. 0., and the Council having conducted a public hearing with regard to this matter on June 28, 1971 pursuant to Council resolution No. 420-71, the Council does hereby reject the recommendation of the Planning Commission and the said Petition is hereby denied for the following reasons : 1. The present zoning is logical zoning and should be maintained, 2. That the present zoning is not in conflict with the Master Plan. By Councilman Raymond, seconded by Councilman Bennett, it was RESOLVED, that having considered the report and recommendation dated March 25, 1971 from the City Planning Commission which sets forth its resolution No. 3-67-71 in regard to Petition No. 71-2-1-8 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the northeast corner of Schoolcraft and Middlebelt Roads in the Southwest 1/4 of Section 24, from C-2 to P. 0., and the Council having conducted a public hearing with regard to this matter on June 28, 1971 pursuant to Council resolution No. 42C-71, the Council does hereby determine to table this matter pending receipt from the Planning Commission of its report and recommendation pertaining to the placing of specific height limitations in a P. 0. Zoning Classification. 12270 A roll call vote was taken on the tabling resolution with the following result: AYES: Raymond, Bennett and Brown. NAYS: Milligan, McCann, Ventura and Nash. The President declared the tabling resolution denied. A roll call vote was taken on the original resolution with the following result AYES: Milligan, McCann, Brown, Ventura and Nash. NAYS: Raymond and Bennett. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Milligan, it was RESOLVED, that having considered the report and recommendation dated May 7, 1971 from the City Planning Commission which sets forth its resolution No. 4-94-71 in regard to Petition No. 71-3-1-13 submitted by Leonard E. and Iris F. Hunter for a change of zoning on property located on the southwest corner of Middlebelt and Munger in the Northeast 1/4 of Section 14, from RUF to C-1, and the Council having conducted a public hearing with regard to this matter on June 28, 1971, pursuant to Council resolution No. 473-71, the Council does hereby determine to table this matter pending receipt of a report and recommendation from the Legislative Committee concerning site plan review and approval for property similarly situated. A roll call vote was taken on the tabling resolution with the following result• AYES: Milligan and Bennett. NAYS: Raymond, McCann, Brown, Ventura and Nash. The President declared the tabling resolution denied. By Councilman Ventura, seconded by Councilman Raymond, it was #645-71 RESOLVED, that having considered the report and recommendation dated May 7, 1971 from the City Planning Commission which sets forth its resolution No. 4-94-71 in regard to Petition No. 71-3-1-13 submitted by Leonard E. and Iris F. Hunter for a change of zoning on property located on the southwest corner of Middlebelt and Munger in the Northeast 1/4 of Section 14, from RUF to C-1, and the Council having conducted a public hearing with regard to this matter on June 28, 1971, pursuant to Council resolution No. 473-71, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 71-3-1-13 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. 12271 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 Raymond, and unanimously adopted, it was ##646-71 RESOLVED, that having considered a communication from the Depart- ment of Law dated June 22, 1971, submitted pursuant to Council resolution No. 544-71 which submits a proposed amendment to the Zoning Ordinance, No. 543, as amended, which wouldpurport to amend Section 11.02 by deleting therefrom paragraph (b) as previously provided therein and by further amend- ing Section 11.03 by revising paragraph (g) and by adding a new paragraph (p), the Council does hereby refer the same to the Legislative Committee for its report and recommendation. By Councilman McCann, seconded by Councilman Bennett, it was ##647-71 RESOLVED, that having considered a communication from the Personnel Director dated June 10, 1971, approved by the Budget Director and approved Imo for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on June 1, 1971, wherein the Commission did recommend that effective May 29, 1971 the following salary adjustments should be provided in the rates for certain supervisory classifications in the Department of Parks and Recreation as follows : Recreation Supervisors Adjustments Proposed to be effective May 29, 1971 (Weekly rates based on 35 hours unless otherwise specified. ) Classification & Season New Rate Supervisor of Athletics (1st) $136/wk. $3.40/hr. (2nd) $140/wk. $3.50/hr. (3rd) $144/wk. $3.60/hr. (40-hour work week) Assistant Supervisor of Athletics (1st) $105/wk. $3.00/hr. Supervisor of Playgrounds (2nd) 5108.50/wk$3.10/hr. Supervisor of Arts & Crafts (3rd) S112/wk. $3.20/hr. Supervisor of Mentally Handicapped (Proposed pay ranges is for all four classifications) Swimming Program Adjustments Proposed to be effective with the opening of the City Pools - for the 1971 Season 12272 Classification & Season New Rate Pool Manager (1st) $124/wk. $3.10/hr. (2nd) $129/wk.$3.20/hr. (3rd) $132/wk.$3.30/hr. (40-hour work week) Swimming Instructor (1st) $2.80/hr. (2nd) $2.90/hr. (3rd) $3.90/hr. (Also acts as Assistant Pool Manager) Ice Rink Program Adjustments Proposed to be effective with the opening of City Ice Rinks - for the 1971-72 Season Rink Manager (1st) $3.10/hr. (2nd) $3.20/hr (3rd) $3.30/hr. the Council does hereby determine to concur in and approve of the aforesaid action. 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 McCann, it was #648-71 WHEREAS, it is necessary to locate, establish, construct and enclose a branch, said branch to be known as Livonia Drain No. 37, within the drainage district of an existing County Drain, known as the Livonia Drain #7, to be located entirely within the limits of the City of Livonia, the location of said branch being as follows: A closed branch starting at a point located approximately 1,660 feet south and 1,845 feet east of the N.W. corner of Section 22 T. 1 S., R. 9 E., City of Livonia and extending westerly 800 feet; thence northwesterly 750 feet, thence northerly 650 feet to a point, thence easterly 370 feet from said point, also westerly 190 feet from said point. Also a closed branch starting at a point located approximately 660 feet south and 1955 feet east of the N. W. corner ofSection 22, T. 1 S., R. 9 E., City of Livonia and extending westerly 320 feet to a point, thence 320 feet northerly from said point, also west- imp erly 500 feet from said point. AND WHEREAS, in the opinion of the City Council, the location, establishing, constructing and enclosing of said branch is necessary for the public health of the City of Livonia, and the entire cost thereof, except that part representing benefits to State and County highways, should be assessed against the City of Livonia for public Health; 12273 AND WHEREAS, Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, (the Drain Code of 1956) provides a feasible method of financ- ing the cost of said branch where the same is necessary for the public health of the City and where the entire cost of the same is to be assessed wholly against public corporations, as defined in said Chapter 20, AND WHEREAS, Section 486 of said Act 40, Public Acts of Michigan, 1965, as amended, provides as follows: "Sec. 486. The terms of this chapter shall be applicable to any county drain located, or proposed to be located entirely within the limits of a single city, village or township, if such public corporation shall consent thereto by resolution adopted by its governing body. In such case any petition required to be filed hereunder shall be sufficient if signed by such public corporation only". NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council, for and on behalf of the City of Livonia, does hereby consent to the making of the provisions of Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended, applicable to the location, establishing, constructing and enclosing of the branch set forth in the preamble hereof, and does hereby consent to the location, establishing, constructing and enclosing of the same pursuant to said Chapter 20 of Act 40, Public Acts of Michigan, 1956, as amended. 2. The proposed branch set forth in the preamble hereof being necessary for the public health of the City of Livonia, the Mayor and the City Clerk are hereby authorized and directed to sign, for and on behalf of the City of Livonia, a petition praying for the location, establishing, constructing and enclosing of the same, as set forth in the preamble hereof, pursuant to Chapter 20 of Act 40, public Acts of Michigan, 1956, as amended, which said petition, when signed, shall be filed with the County Drain Commissioner of the County of Wayne, Michigan, together with a certified copy 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 Brown, seconded by Councilman Ventura, and unanimously adopted, it was ##649-71 RESOLVED, that the Council does hereby determine to refer the proposed policy pertaining to the installation, use and maintenance of water supply systems on boulevard islands, to the study session to be conducted on July 19, 1971. 12274 By Councilman Milligan, seconded by Councilman McCann, it was #650-71 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated June 16, 1971, approved by the Budget Director and approved for submission by the Mayor, regarding renewal of the City's contract with Recreation Dance, Inc., for an additional two-year period from June 1, 1971 through June 1, 1973, inclusive, which agreement is in connection with the conduct of a recreation music and dance program in the City of Livonia, and which it is proposed would be on the same terms and conditions as are contained in the present agreement, the Council does hereby approve of the proposed agreement by and between the City and the aforesaid party in the manner herein submitted, and does hereby authorize the Mayor and City Clerk to affix their signatures to such agree- ment for and in behalf of the City of Livonia 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 Ventura, seconded by Councilman McCann, it was #651-71 WHEREAS, under Section 131C of Act 2C6, Public Acts of 1893, as amended, the owners are permitted to further redeem properties of which the State becomes the owner on May 4, 1971. WHEREAS, the municipalities in which the properties are located must approve the application of the owner to pay the 1970 and prior year's taxes, and, WHEREAS, the convenience of the taxpaying public demands that the information be obtained and arrangements to pay said taxes be accomplished in one office, NOW, THEREFORE, BE IT RESOLVED: 1. That, Louis H. Funk, Wayne County Treasurer, is, by this resolution, authorized to act as representative and agent of the City of Livonia for the purpose of approving the application of the property owners to pay the 1970 and prior years' taxes and accept the necessary monies, the same to be forwarded to Lansing, Michigan by him. 2. That the County Treasurer is further authorized by: City of Livonia to request of the Department of Natural Resources, Lands Division, the withholding of properties from the auction sale until November 1, 1971, provided that sufficient monies are deposited with County Treasurer to effect redemption. 12275 3. That the County Treasurer is to periodically report : City of Livonia the properties withheld by him and redeemed. 4. That a copy of this resolution be mailed to the Department of Natural Resources, Lands Division, Lansing, Michigan. 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 Ventura, it was #652-71 RESOLVED, that having considered a communication from the City Planning Commission dated July 1, 1971, which transmits its resolution No. 6-190-71 adopted by the Commission on June 29, 1971 with regard to Petition No. 71-6-8-10 requesting site plan approval of all plans in connection with expansion and renovation of existing building located on the west side of Farmington Road south of Five Mile Road in the Northeast 1/4 of Section 21, the Council does hereby, pursuant to provisions set forth in Section 18.47 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 71-6-8-10 is hereby approved, such approval made subject to and conditioned upon the same conditions as those that are set forth in the action of the City Planning Commission. 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 #653-71 WHEREAS, property described as: The North 10 acres of the West 1/2 of the East 3/4 of the West 1/2 of the S. W. 1/4 of Section 4, T. 1 S., R. 9 E. , City of Livonia, 'Tayne County, Michigan, containing 10.05 acres. (Item 04CC) and The South 10 acres of the North 20 acres of the West 1/2 of the East 3/4 of West 1/2 of S. W. 1/4 of Section 4, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, containing 10.04 acres. (04DD) and low The South 10 acres of the West 1/2 of the East 3/4 of the West 1/2 of the S. W. 1/4 of Section 4, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, containing 10.03 acres. (Item 04EE) 12276 L are designated as Park Site E-24, 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 $40,000.00 at the time of closing, and interest at the rate of 6% per annum on the unpaid balance,,and which mortgage shall be payable semi-annually (or annually) on the unpaid balance in equal installments; and L2. The City Council does hereby authorize the expenditure of a sum not to exceed $700.00 for the payment of the 1970 city, county, county drain and school taxes; and the Council does hereby further authorize the expenditure of a sum not to exceed $770.00 to cover the cost of the title insurance policy on the subject property; 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. lb. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: Ventura. The President declared the resolution adopted. 12277 By Councilman Bennett, seconded by Councilman Milligan, it was ##654-71 WHEREAS, property described as: The West 1/4 of the West 1/2 of the S. W. 1/4 of Section 4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, containing 20 acres, more or less (Item No. 04BB) and The East 10.0 acres of the East 1/2 of the East 1/2 of the S. E. 1/4 of Section 5, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, containing 10 acres (Item No. 05K2) and designated as Park Site E-25, 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 540,000.00 at the time of closing, and interest at the rate of 6% per annum on the unpaid balance, and which mortgage shall be payable semi-annually (or annually) on the unpaid balance in equal installments; and 2. The City Council does hereby authorize the expenditure of a sum not to exceed $1,100.00 for the payment of the 1970 city, county, county drain and school taxes, and the Council does hereby further authorize the expenditure of a sum not to exceed $770.00 to cover the cost of the title insurance policy on the subject property; and 3. The City Council does hereby authorize the advance of the aforesaid sums from the 54,400,000.00 Parks and Recreational General Obligation Bond Issue with the pro- vision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreation General Obligation Bcrd Issue; and 12278 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS: Ventura. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Ventura, it was #655-71 RESOLVED, that having considered a communication dated May 5, 1971 from the City Planning Commission which sets forth its resolution No. 4-112-71 in regard to Petition No. 71-3-2-12 as submitted by Gary Goldberg requesting permission to construct an International House of Pancakes restaurant as a waiver use on property located on the east side of Middlebelt Road between St. Martins and Bretton Road in the Southwest 1/4 of Section 1, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on June 28, 1971 pursuant to Council resolution No. 453-71, the Council does hereby reject the recom- mendation of the City Planning Commission and said Petition No. 71-3-2-12 is hereby approved and granted, the Council having determined as a matter of fact that the petitioner has complied with the requirements of the C-2 zoning classification and the standards as set forth in Section 19.06 of the Zoning Ordinance. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, Ventura and Nash. NAYS: McCann, Bennett and Brown. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Brown, it was #656-71 RESOLVED, that having considered a communication dated May 5, 1971 from the City Planning Commission which sets forth its resolution No. 4-95-71 in regard to Petition No. 71-3-2-7 as submitted by Boron Oil Company requesting permission to construct and operate a service station as a waiver use on property located on the southwest corner of Seven Mile Road and Farmington Road in the Northeast 1/4 of Section 9, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on June 28, 1971, pursuant to Council resolution No.454-71, 12279 the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 71-3-2-7 is hereby denied, such action to be based upon the same conditions as are set forth in the recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett, Brown and Nash. NAYS : Ventura. The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman Brown, it was #657-71 RESOLVED, that having considered the report and recommendation dated April 12, 1971 from the City Planning Commission which sets forth its resolution No. 3-64-71 in regard to Petition No. 71-2-1-11 submitted by the City Planning Commission on its own motion for a change of zoning on property located on the east side of Middlebelt Road, north of Pickford Avenue in the Northwest 1/4 of Section 12, from C-2 to RUF, and the Council having conducted a public hearing with regard to this matter on June 28, 1971, pursuant to Council resolution No. 418-71, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 71-2-1-11 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 and 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 : McCann, Bennett, Brown and Nash. NAYS: Raymond, Milligan and Ventura. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #658-71 RESOLVED, that having considered the report and recommendation dated April 14, 1971 from the City Planning Commission which transmits its resolution No. 3-77-71 in regard to Petition No. 70-10-6-7 submitted by the City Planning Commission on its own motion to amend Section 9.03, 10.03 and 11.02 of the Zoning Ordinance and add Section 8.08 so as to provide for Day Care Nurseries and the Council having conducted a public hearing with regard to this matter on June 28, 1971, the Council does hereby determine to refer this matter to the Legislative Committee for its report and recommendation. By Councilman Milligan, seconded by Councilman Raymond, it was 12280 #659-71 RESOLVED, that having considered a communication dated June 26, 1971 from the Department of Law transmitting for Council acceptance certain assignments of interests (pursuant to CR-74-70 and 75-70), said assignments being more particularly described as • Eight (8) separate Assignment of Grantee's Interest in Easement, each executed on the 15th day of June, 1970 by Henry V. Herrick, Chairman, Livonia Drain No. 10 Drainage District, assigning to the City the following: 1. A certain easement dated 5th Day of December, A.D., 1962, and executed between Kahle M. Bickel and Ione A. Bickel, his wife, as Grantors, and the Livonia Drain No. 10 Drainage District as Grantees and registered in Liber 14927, Page 650-652, Wayne County Records, Wayne County, Michigan. 2. A certain easement dated 5th Day of December, A. D., 1962, and executed between Kahle M. Bickel & Ione A., his wife as Grantors, and the Livonia Drain No. 10 Drainage District as Grantees and registered in Liber 14927, Page 653-655, Wayne County Records, Wayne County, Michigan. 3. A certain easement dated 28th day of November, A. D., 1962, and executed between Alex A. Ditner and Hattie M., his wife as Grantors, and the Livonia Drain No. 10 Drainage District as Grantees and registered in Liber 14927, Page 644-646, Wayne County Records, Wayne County, Michigan. 4. A certain easement dated 7th Day of December, A.D., 1962, and executed between Irene Dybalski as Grantor, and the Livonia Drain No. 10 Drainage District as Grantees and registered in Liber 14927, Page 656-658, Wayne County Records, Wayne County, Michigan. 5. A certain easement dated 5th Day of December, A.D., 1962, and executed between Hannah Schultz, a married woman as Grantor, and the Livonia Drain No. 10 Drainage District as Grantee and registered in Liber 14927, Page 647-649, Wayne County Records, Wayne County, Michigan. 6. A certain easement dated 7th Day of December, A.D., 1962, and executed between George Shollack and Elane, his wife, as Grantors, and the Livonia Drain No. 10 Drainage District as Grantee, and registered in Liber 14927, Page 641-643, Wayne County Records, Wayne County, Michigan. 12281 7. A certain easement dated. 12th Day of November, A. D., 1962, and executed between Trinity Baptist Church, a Mich. Ecclesiastical Corp., as Grantor, and the Livonia Drain No. 10 Drainage District as Grantee, and registered in Liber 14914, Page 752-754, Wayne County Records, Wayne County, Michigan. 8. A certain easement dated 12th Day of November, A.D., 1962, and executed between Rev. Fr. F. A. Wolber for Archbishop John F. Dearden, 29015 Jamison, Livonia, Michigan, as Grantor, and the Livonia Drain No. 10 Drainage District as Grantee and registered in Liber 14914, Page 749-751, Wayne County Records, Wayne County, Michigan. and two (2) separate Assignment of Grantee's Interest in Easement each executed on the 7th day of June, 1971 by Henry V. Herrick, Chairman, Livonia Drain No. 14 Drainage District, assigning to the City: 1. A certain easement dated 2nd Day of April, 1964 and executed between Georges Faurie & Thelma H. Faurie, his wife, 16125 Merriman Rd., Livonia, Michigan, as Grantors, and the Livonia Drain No. 14 Drainage District as Grantee and registered in Liber 15313, Page 866-868, Wayne County Records, Wayne County, Michigan. 2. A certain easement dated 16th Day of March, A.D., 1964, and executed between St. Andrew's Episcopal Church, as Grantor, and the Livonia Drain No. 14 Drainage District as Grantee, and registered in Liber 15313, Page 863-865, Wayne County Records, Wayne County, Michigan. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Assignments 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was 4660-71 RESOLVED, that having considered a communication dated June 29, 1971 from the Department of Law, transmitting for acceptance a Grant of Easement dated May 3, 1971 executed by the Livonia Public Schools School District by its president William H. Craft and its secretary Geraldine W. Joyner, conveying: 12282 That part of the S. E. 1/4 of Section 34, described as beginning at a point on the S. line of West Chicago Road distant S 1° 08' 54" W, 43 feet and N. 88° 36' 13" W, 94 feet from the center 1/4 corner of Section 34 and proceeding thence N. 88° 36' 13" W, along said S. line 6 feet, thence S. 1° 08' 54" W, 1,000 feet, thence N. 88° 36' 13" w, 6 feet; thence S 1° 08' 54" W, 110 feet, thence S 88° 36' 13" E, 12 feet; thence N 1° 08' 54" E, 1,110 feet to the point of beginning. (Part of Bureau of Taxation Parcel 34Hlala4, I2a1) (Purpose: Livonia Drain No. 1 Extension) the Council does hereby for and in behalf of the City of Livonia accept the 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #661-71 RESOLVED, that having considered a communication dated June 22, 1971 from the Department of Law transmitting for acceptance two Grants of Easements secured in connection with the construction of Livonia Drain No. 2 Branches, which Grants are more particularly described as : Grant of Easement dated January 25, 1971 executed by Albert H. Birdsall and Marjorie P. Birdsall, his wife, conveying• That part of the below described parcel (24H1) described as beginning at a point on the North property line of said parcel distant S 89° 49' W, 30.00 ft. from the centerline of Cavell Avenue (58 ft. wide) and proceeding thence S 89° 49' W, 150.00 ft., thence S. 0° 19' 30" E, 6.00 ft., thence N 89° 49' E, 150.00 ft., thence N. 0° 19' 30" W, 6.00 ft. to the point of beginning. Parcel Description• The North 85 ft. of that part of the N. E. 1/4 of Section 24, described as beginning at a point distant S 89° 49' w, 658.0 ft. and S. 0° 19' 30" E, 990.0 ft. from the N. E. corner of Section 24 and pro- ceeding thence S. 0° 19' 30" E, 165.0 ft. ; thence S 89° 49' W, 661.40 ft. , thence N. 0° 24' 15" W, 165.0 ft., thence N. 89° 49' E, 661.63 ft. to the lbw point of beginning. (Bureau of Taxation Parcel 24H1) and 12283 Grant of Easement dated January 5, 1971 executed by George W. Jarvenpaa and Bertha S. Jarvenpaa, his wife; and Edward U. Jarvenpaa, a single man, conveying: That part of the below described parcel 24G1, described as beginning at the southeast corner of said parcel and proceeding thence S 89° 49' W. along the south property line, 150.00 ft., thence N. 0° 19' 30" W, 6.00 ft., thence N. 89° 49' E., 150.00 ft. to the west line of Cavell Ave. (58 ft. wide), thence S. 0° 19' 30" E, 6.00 ft. to the point of beginning. Parcel Description. That part of the N. E. 1/4 of Sec. 24, described as beginning at a point distant S 89° 49' W, 658.0 ft. and S. 0° 19' 30" E, 825.0 ft. from the N. E. corner of Sec. 24 and proceeding thence S. 0° 19' 30" E, 165.0 ft., thence S 89° 49' W, 661.63 ft.; thence N. 0° 24' 15" w, 165.0 ft. , thence N 89° 49' E, 661.86 ft. to the point of beginning, except the East 30 ft. thereof. (Bureau of Taxation Parcel 24G1) the Council does hereby for and in behalf of the City of Livonia accept the same 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #662-71 RESOLVED, that the Council having considered a communication dated May 18, 1971 from the City Engineer, approved for submission by the Mayor, submitted pursuant to the requirements set forth in Section 9-116(m) of the Livonia Code of Ordinances, as amended, wherein it is required that ornamental street lighting with underground wiring shall be provided in all subdivisions in conformity with the standards prescribed, and the City Engineer having ascertained the assessed valuation of all property affected by the proposed improvement with regard to Judson Gardens Subdivision No. 4 in Section 17, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and 12284 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, and it appearing to the Council that all of such information, estimate, plans and specifica- tions and recommendations have been properly filed by the City Engineer with the City Clerk under date of May 18, 1971 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, August 23, 1971 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman Bennett, seconded by Councilman Brown, and unanimously adopted, it was #663-71 RESOLVED, that the Council having considered a communication dated April 23, 1971 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installation of paving on Vassar Avenue, Middlebelt Road to Parkville Avenue in Section 1, T. 1 S., R. 9 E. , City of Livonia, Wayne Iwo County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of April 23, 1971 and that there has been a full compliance with all of the provisions of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, August 23, 1971 at 8:00 P. M. as the date and time for a Public Hearing on the NECESSITY for such proposed improvement, which Public Hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuantto Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 2-507 of said Code. By Councilman McCann, seconded by Councilman Ventura, it was #664-71 RESOLVED, that having considered a communication from the City Engineer dated June 15, 1971, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize 12285 and request the City Clerk to make application to the Detroit Edison Company on forms provided by such company for the installation of Street Lights of suitable lumen strength (400 watt, mercury vapor, ornamental lights) to be installed on the Industrial Road in Section 28 at the Chesapeake & Ohio Spur Crossing (1,500 feet East of Levan Road) in the City of Livonia, Michigan, it being the determination of the Council that this location required lighting in order to protect the public safety of residents of the community. 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 Brown, it was #665-71 RESOLVED, that having considered a communication from the City Engineer dated June 18, 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 street lights on Five Mile Road between Merriman Road and Levan Road in the City of Livonia, Michigan, it being the determination of the Council that street lights are required in this area in order to protect the public safety of residents of the community. 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. The communication dated June 28, 1971 from the Department of Law, relative to Wayne County Circuit Court Civil Action #176535 (Edward S. Cassidy, Marguerite E. Cassidy and Cronk and Tocco, Inc., a Michigan corporation vs City of Livonia) was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Ventura, and unanimously adopted, it was #666-71 RESOLVED, that having considered a communication dated June 21, 1971 from the City Planning Commission which transmits its resolution No. 5-155-71 adopted by the Commission on May 25, 1971 with regard to Petition No. 71-3-2-9 submitted by the American Oil Company requesting a waiver use permit to build one additional service stall and upgrade exterior of existing service station located on the east side of Farmington Road between Six Mile Road and. Curtis in the Southwest 1/4 of Section 19, the Council does hereby concur in the recommendation of the City Planning Commission and Petition No. 71-3-2-9 is hereby approved and granted; such action to be based upon the same conditions as are set forth in the recom- mendation of the City Planning Commission. 12286 The communication from the Planning Commission dated June 21, 1971 with respect to Petition No. 68-7-3-9 for vacating portion of Elsie between Berwick and Merriman, was received and filed for the information of the Council. The communication dated June 21, 1971 from the PlanningCommission with respect to Petition 68-7-3-10 for vacating portion of Clarita between Stamford and Farmington or Pickford between Stamford and Farmington, was received and filed for the information of the Council. The communication from the Planning Commission, dated June 21, 1971 with respect to Petition 68-7-6-6 (Permitted Uses in R-7 Districts) was received and filed for the information of the Council. The communication dated June 7, 1971 with respect to Petition 71-3-7-9 (Master Plan) from the Planning Commission, was received and filed for the informa- tion of the Council. l. The communication from the City Planning Commission, dated June 7, 1971 with respect to Petition 71-3-7-8 (Master School and Park Plan) was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #667-71 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. Councilman Raymond gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 54+3, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 70-2-1-5 FOR CHANGE OF ZONING FROM RUF to C-2 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 12287 By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #668-71 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 August• Wednesday, August 11, 1971 Wednesday, August 25, 1971. The communication dated June 21, 1971 from the City Planning Commission with respect to Petition 69-6-7-8 (Master School & Park Plan) was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Bennett, and unanimously adopted, it was #669-71 RESOLVED, that having considered the report and recommendation of the Finance and Insurance Committee dated June 30, 1971 and submitted pursuant to Council resolution No. 527-71 in connection with definitions of hotels, motels, multiple dwellings and licensing fees for same as presently set forth in the Livonia Code of Ordinances, as amended, the Council does hereby refer this matter to the City Clerk and the Department of Law for their report and recommendation and/or the inclusion of an amendatory ordinance which updates and revises the City Licensing Fee requirements particularly with respect to hotels, motels, etc. The quarterly financial report of the Community Commission on Drug Abuse (CR-130-71) was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Bennett, it was #670-71 RESOLVED, that having considered a communication from the Personnel Director dated July 8, 1971, approved by the Budget Director and approved for submission by the Mayor with regard to a modification of a prior request dated April 14, 1971 by the Board of Trustees of the Livonia Employees Retirement System for an appropriation to retain the services of a qualified individual to provide professional advice to the Board with respect to investment matters, the Council does hereby authorize the trans- fer of the sum of $3,000.00 from Account No. 60.01 to Account No. 246-817 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan, McCann, Bennett and Nash. NAYS: Brown and Ventura. The President declared the resolution adopted. 12288 By Councilman Milligan, seconded by Councilman Brown, it was RESOLVED, that the Council does hereby determine to refer to the Study Session to be conducted on July 19, 1971 the question of whether or not to reconsider the action taken in CR-618-71 with respect to the acceptance of bid for three Truck Chassis. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan and Bennett. NAYS: Raymond, McCann, Brown, Ventura and Nash. The President declared the motion denied. The communication dated July 9, 1971 from the Mayor with respect to Council Resolution #618-71 which accepted the bid of three Truck Chassis, was received and filed for the information of the Council. By Councilman Bennett, seconded by Councilman Ventura, it was #671-71 RESOLVED, that having considered a communication dated July 13, 1971 from the Department of Law, submitted pursuant to council resolution #477-71, transmitting for acceptance a Warranty Deed dated July 9, 1971, ifts executed by Shelden Hanes, Inc., by W. Warren Shelden, President, conveying to the City 19.83 acres of land (Park Site DD) which land is more particu- larly described as: Parcel One That part of the N.W. 1/4 of Section 34 described as beginning at a point distant S 0° 54' 16" W along the west section line 786.02 feet and S. 88° 39' 44" East, 183.93 feet from the N.W. corner of Section 34 and proceeding thence S. 88° 39' 44" East, 112 feet; thence S. 1° 18' 46" W. 544.02 feet; thence N. 88° 39' 44" W., 232.08 feet; thence N. 0° 54' 16" E., 434.02 feet; thence S. 88° 39' 44" E., 123.15 feet, thence N. 1° 18' 46" E., 110.0 feet to the point of beginning. Parcel Two That part of the Northwest 1/4 of Section 34, Town 1 South, Range 9 East, described as beginning at a point distant South 0 degrees 54 minutes 16 seconds West, along the West section line, 786.02 feet and South 88 degrees 39 minutes 44 seconds East, 355.93 feet from the northwest corner of Section 34 and proceeding thence South 88 degrees 39 minutes 44 seconds East, 224 feet; thence South 1 degree 18 minutes 46 seconds West 544.02 feet; thence North 88 degrees 39 minutes 44 seconds West, 224 feet, thence North 1 degree 18 minutes 46 seconds East, 544.02 feet to the point of beginning. 12289 L Parcel Three That part of the Northwest 1/4 of Section 34, Town 1 South, Range 9 East, described as beginning at a point distant South 0 degrees 54 minutes 16 seconds West along the West section line 786.02 feet and South 88 degrees 39 minutes 44 seconds East, 639.93 feet from the Northwest corner of Section 34 and proceeding thence South 88 degrees 39 minutes 44 seconds East, 224 feet; thence South 1 degree 18 minutes 46 seconds West, 544.25 feet; thence North 88 degrees 39 minutes 44 seconds West, 224 feet; thence North 1 degree 18 minutes 46 seconds East, 544.02 feet to the point of beginning. Parcel Four Lots 1771747 47 to 1662 inclusive, the North 40 feet of Lot 1704, Lots No. 1705 to 1719 inclusive, Lots 1734 to 1748 inclusive, the North 40 feet of Lot 1749 the North 40 feet of Lot 1791, Lots 1792 to 1806 inclusive, Rosedale Gardens No. 9 part of the Northwest 1/4 of Section 34, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, as recorded in Liber 73, Page 41 of Plats, Wayne County Records. the Council does hereby for and in behalf of the City of Livonia accept the aforesaid Warranty Deed and the City Clerk is herein requested to have L 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: Raymond, Milligan, McCann, Bennett, Brown, Ventura and Nash. NAYS: None. Councilman McCann gave first reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND.(Pet.71-3-3-9) 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 Brown, and unanimously adopt- Led, this 714th regular meeting of the Council of the City of Livonia was duly adjourned at 10:15 P. M., July 14, 1971. 1 6:' -s6:'-4 . - ADDISON W. BAC•' k.