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HomeMy WebLinkAboutCOUNCIL MINUTES 1970-03-09 11177 L MINUTES OF THE SIX HUNDRED SEVENTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 9, 1970, 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 McCann delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Peter A. Ventura, Jerry Raymond, Robert E. McCann, Robert F. Nash, *Rudolf R. Kleinert and *Edward G. Milligan. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney, David L. Jones, Water. & Sewer Commissioner; Henry Sieferd, City Assessor; Donald Nicholson, Director of Public Safety; Robert Turner, Police Chief; William J. Strasser, City Engineer; Ed Siemert, Assistant City Engineer; L Don Hull, City Planner; Dan Andrew, Industrial Coordinator; John T. Dufour, Superin- tendent of Parks and Recreation; Carl Demek, Superintendent of Operations Division, Victor C. Phillips, Budget Director; Carl Pursell, Wayne County Board of Supervisors; and H. Dow Tunis, Jr., Planning Commission. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #170-70 RESOLVED, that the minutes of the 678th regular meeting of the Council of the City of Livonia, held February 23, 1970, are hereby approved. By Councilman Ventura, seconded by Councilman Nash, it was #171-70 WHEREAS, Act 40 Chapter 17, Section 391 of the Public Acts of the State of Michigan of 1956, as amended, provides the method and manner that Wayne County Drain Commissioner, Henry V. Herrick, may vacate a drain under his jurisdiction and control, wherein such drain is no longer necessary and has ceased to be of public utility, and WHEREAS, it has been determined that there is presently a L deficit of $00.00 in that part of the drainage district that is located in the City of Livonia, which this Council assumes and agrees to pay to the office of the Wayne County Drain Commissioner upon the termination of these proceedings, and 11178 WHEREAS, this resolution is necessary and in compliance of Chapter 17, Section 391 of Act 40 of the Public Acts of the State of Michigan of 1956 as amended, and in the best interests of the public health, safety and welfare of the Citizens of the City of Livonia• NOW, THEREFORE, BE IT RESOLVED that the City of Livonia hereby petitions Henry V. Herrick, Wayne County Drain Commissioner, to vacate the following: All of that part of the Shaw Drain as established in the S. W. 1/4 of Section 25, City of Livonia, being more particularly described as follows : Beginning at a point on the West line of Section 25, (centerline of Middle Belt Road) distant South 182 feet from the West 1/4 corner of Section 25; thence northeaster- ly to a point on the South right-of-way line of the Chesapeake & Ohio Railroad (99 feet wide) said point being 1191.49 feet East of said West line of Section 25. since that drain is no longer necessary and has ceased to be of public utility and, BE IT FURTHER RESOLVED THAT THIS RESOLUTION be presented to Henry V. Herrick, Wayne County Drain Commissioner for his action and consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Ventura, Raymond and McNamara. NAYS • None. *Councilman Milligan arrived at 8:06 P. M. *Councilman Kleinert arrived at 8:23 P. M. By Councilman Raymond, seconded by Councilman Nash, it was RESOLVED, that with respect to the proposed "Stop and Frisk" Ordinance, the Council hereby requests State Representative Marvin Stempien to obtain from the Attorney General of the State of Michigan an opinion, not on its constitutionality, but rather on the question whether or not the City Council of the City of Livonia, as constituted, has within its authority the power to enact the same and whether such Ordinance would stand up within the laws of the State of Michigan in the Circuit Court and in the Court of Appeals in the County of Wayne. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan and Raymond. NAYS: McCann, Kleinert, Ventura and McNamara. The President declared the resolution denied. 11179 Councilman McCann gave first reading to the following Ordinance. AN ORDINANCE AMENDING CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING SECTION 8-251 THERETO. 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 Raymond, seconded by Councilman Nash, it was #172-70 RESOLVED, that the proposed "Stop and Frisk" Ordinance is hereby referred to State Representative Marvin Stempien with a request that he refer the same to the Attorney General of the State of Michigan, as to whether the Ordinance, as enacted, may in fact be enacted by this Legislative body or whether the same is beyond their authority. A roll ra11vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Ventura, Raymond and McNamara. NAYS: McCann and. Kleinert. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #173-70 RESOLVED, that the Department of Law is hereby requested to submit an Opinion to the City Council as to whether or not the City can legally establish an annual or biennial registration of hand guns. The communication dated February 26, 1970 Mr. William H. Taylor, Chairman of Mayors Exchange 1970 Michigan Week, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman McCann, it was #174-70 RESOLVED, that having considered a communication from the Parks and Recreation Commission, dated February 10, 1970, approved by the Budget Director, and approved for submission by the Mayor, with respect to the lease of Devon-Aire Ice Rink to the Red Wing Oldtimers Hockey School, commencing on August 10, 1970, for a period of four weeks and which rate shall be $1100.00 per week with hours of operation of which shall be as follows : 11180 Monday through Friday 8:00 A. M. to 7.00 P. M. Saturdays 8:00 A. M. to 1:00 P. M. the Council does hereby authorize that such agreement shall be based on the same terms and conditions as were previously entered into by the City of Livonia and the said Red Wing Oldtimers Hockey School; further, the Council does hereby authorize the Mayor and the City Clerk to execute a lease agreement to be prepared by the Department of Law between the City and the Red Wing Oldtimers Hockey School personnel for this purpose, said agreement to be in proper legal form and to contain the provisions and conditions which are set forth herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. The communication from Mr. Carl Pursell, Wayne County Board of Super- visors, dated February 19, 1970 relative to the proposed establishment of an Out- County Juvenile Court, CR#1328-69, was received and filed for the information of the Council. By Councilman McCann, seconded by Councilman Milligan, it was #175,-70 RESOLVED, that having considered a communication from Mr. Carl Pursell, dated February 27, 1970, to which is attached a resolution introduced by Supervisor Pursell on February 20, 1970 which would purport to establish a Juvenile Service Department in Wayne County so as to promote, administer and provide services to all Wayne County exist- ing juvenile facilities and future facilities as well as consolidate and assist juvenile agencies or organizations in this regard, the Council does hereby take this means to indicate its support of this proposal, as well as state that it endorses this program in principle. A roll call vote was taken on the foregoing resolution with the following result- AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. The communication dated February 21, 1970 from the Country Homes Estates Civic Association, which expresses approval of the rezoning of property at Six Mile and Newburgh from C-2 to R-3-B, was received and filed for the information of the Council. 11181 The communication dated February 17, 1970 from the Department of Law with respect to an "Open Drainage and Weed Complaint" from the Compton Village Civic Association, as requested in Council Resolution #1128-68, was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Nash, it was #176-70 RESOLVED, that having considered a communication from the Industrial Coordinator, dated February 17, 1970, approved by the Mayor, with respect to Special Assessment District #64, street paving proposed for the Industrial Road and Westmore, and Special Assessment District #66, street paving for Glendale Avenue, all of which are located in the N. W. 1/4 of Section 27, the Council does hereby determine to amend and modify all prior resolutions adopted with respect to the said Special Assessment Districts, and particularly Council Resolutions #1298-68 &805-69 so as to specify that the interest charges in connection with the subject Special Assessment Districts shall not commence to run until on and after December 1, 1970; and the City Clerk, City Treasurer and City Assessor are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, it was #177-70 RESOLVED, that the City Engineer having filed with the City Cler:{ a revised statement dated January 29, 1970 on all matters required by Sections 2-5C6 and 2-514 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held on this matter. on November 5, 1969, after due notice as required by Section 2-507 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 2-508 of said Code : 1, accept and approve said revised statement in all respects; 2. determine to make the improvement consisting of the installa- tion of street lights on Hubbard Road south of Plymouth Road City of Livonia, Wayne County, Michigan, as described in said revised statement; and defray the cost of such improve- ment by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; 3. approve the plans and specifications for the improvement as set forth in said revised statement dated January 29, 1970; 4. determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; 11182 5. determine that the assessment made for such improvement shall be paid in annual installments, according to said revised statement; 6. designate the assessment district, describing the land and premises upon which special assessments shall be levied, as follows : A special assessment district located in Section 34, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as lots 250 through 255 both inclusive of Rosedale Gardens #1 Subdivision as recorded in Liber 56, Page 59 of Wayne County Records and lots 720b through 732 both inclusive of Rosedale Gardens #2 Subdivision as recorded in Liber 77, Page 12 of Wayne County Records and Bureau of Taxation Parcel 34D 7. direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said revised statement as prepared by the City Engineer, dated January 29, 1970; and 8. that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 2-510 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon, pursuant to Chapter 5, Title 2 of the Livonia Code of Ordinances, as amended; 9. that the Council does hereby take this action for the purpose of amending, revising and altering Council Resolution #1258-69 so as to have the same conform with the action taken herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Ventura, Raymond and McNamara. NAYS: None. Councilman Kleinert abstained from voting under the provisions of Chapter IV, Section 9 of. the City Charter, because of financial interest. 11183 By Councilman Nash, seconded by Councilman McCann, it was #178-70 RESOLVED, that the Council does hereby determine to table action with respect to the proposed Special Assessment District for the installa- tion of sidewalks along both sides of Farmington Road, from Schoolcraft to Five Mile Road, to the Study Session to be held on April 20, 1970. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Raymond and McNamara. NAYS: Kleinert and Ventura. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Raymond, it was #179-70 RESOLVED, that having considered the report and recommendation dated February 16, 1970 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 Council Resolution #762-68 adopted on July 17, 1968 so as to reduce the financial assurance now on deposit with the City for General Improvements in Mallon Estates Subdivision (formerly H. E. Mallon Sub. #1) to $100.00 in cash, to cover the cost of general cleanup in said Subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; further, the financial assurance now on deposit with the City for Sidewalk Improvements shall remain the same and unchanged; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES. McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #180 .70 RESOLVED, that having considered the report and recommendation dated February 24, 1970 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 Council Resolution #618-68 adopted on June 5, 1968 so as to reduce the financial assurance now on deposit with the City for General Improvements in Mallon Subdivision (formerly H. E. Mallon Sub. #2) to $300.00 in cash, to cover the cost of general cleanup in said Subdivision, and the financial assurances now on deposit with the City, if any, shall be reduced accordingly; further, the financial assurance now on deposit with the City for Sidewalk Improvements shall remain the same and unchanged; and the City Clerk and the City Treasurer are hereby authorized to do all thipgs necessary or incidental to the full performance of this resolution. 11184 A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and. McNamara. NAYS: None. Councilman Milligan gave first reading to the following Ordinance: AR ORDINANCE VACATING PORTIONS OF STREET, ALLEY Mn) PUBLIC GROUND (Petition 69-10-3-9) 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 Nash, seconded by Councilman Milligan, and unanimously adopted, it was #181-70 RESOLVED, that having considered a communication from W. E. Okerstrom dated February 27, 1970, wherein request is made for the vacat- ing of the East and West alley and the dead end of the North and South alley located in the S. W. 1/4 of Section 13, City of Livonia, Wayne County, Michigan, the Council does hereby determine to refer the same to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinances, By Councilman Nash, seconded by Councilman Milligan, it was #182-70 RESOLVED, that having considered a communication from the Department of Law dated February 20, 1970 transmitting for Council accept- ance a Quit Claim Deed dated February 10, 1970, executed by Ply-Van Corporation by its president L. S, Burton and its secretary-treasurer Nathaniel Share, conveying: A triangular part of Lot 9, Plymouth-Levan Industrial Subdivision, as recorded in Liber 89, Page 19, Wayne County Records, said subdivision being a part of the S. W. 1/4 of Section 29, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, said triangular part being more particularly described as having sides extending 10 feet along both the south and east lot lines of said Lot 9. (Bureau of Taxation Parcel 29c9) the Council does herein accept for and in behalf of the City of Livonia the aforesaid document and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. 11185 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was #183-70 RESOLVED, that having considered a communication dated February 23, 1970 from the Department of Law transmitting for Council acceptance a Quit Claim Deed conveying a 60-foot right-of-way for a new industrial road in Section 29, running east of Levan Road, and having also considered the communication attached thereto, dated February 17, 1970, from the Industrial Coordinator wherein it is indicated that such raod be named "Veronica Drive," the Council does herein accept for and in behalf of the City of Livonia the aforesaid Quit Claim Deed dated February 9, 1970 executed by Tan, Inc., a Michigan Corporation, by its president Thomas A. Nardoni, which deed conveys to the City the following: The N 60 feet of the following described parcels of land: That part of the NE 1/4 of Section 29, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point S 0° 35' 41" W, 2039.06 feet, and N 89° 53' 22" E , 43 feet from the N 1/4 corner of said Section 29, thence N 89° 53' 22" E, 719.51 feet; thence S 0° C6' 38" E, 481.68 feet; thence westerly on a curve concave to the North with a radius of 3819.83 feet; an arc of 174.05 feet; thence N 75° 35' 32" W, 572.02 feet; thence N 00 35' 41" E, 298.52 feet to the point of beginning and containing 6.49 acres of land, more or less, (Bureau of Taxation Parcel 29G5a, G6a), and That part of the NE 1/4 of Section 29, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point S 0° 35' 41" W, 2039.06 feet and N 89° 53' 22" E, 762.51 feet from the N 1/4 corner of said Section 29; thence N 89° 53' 22" E, 700.52 feet; thence S 0° 32' 25" W, 171.15 feet; thence southeasterly on a curve concave to the NE with a radius of 420.28 feet, an arc of 510.70 feet, thence N 88° 58' 19" W, 255.82 feet, thence westerly on a curve concave to the North with a radius of 3819.83 feet, an arc of 717.95 feet; thence N 0° C6' 38" W, 481.68 feet to the point of beginning and containing 9.20 acres of land, more or less, (Bureau of Taxation Parcel 29Clblb, C2c, G4a, C3c). and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds; further, the Council does hereby concur in and approve of the aforesaid industrial road being named "Veronica Drive" and does hereby request and direct the Department of Public Works to take all necessary action to effectuate this resolution; and further, the Council does hereby request the City Clerk, within 30 days after the adoption of this resolution, to forward a certified copy of the same to the Michigan Auditor General, and to also have a certified copy of this resolution recorded in the Office of the Wayne County Register of Deeds, together with his certificate indicating the name or names of any plat, subdivision or addition affected by this resolution, as well as do all other things necessary or incidental to the full performance of this resolution. 11186 A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was #184-70 RESOLVED, that having considered a communication dated February 18, 1970 from the Department of Law transmitting for Council acceptance two Quit Claim Deeds acquired pursuant to council resolutions No. 1065-69 and No. 1067-69 in connection with the Newburgh Road project from Price Brothers Company, each deed dated September 26, 1969 and each deed executed by Price Brothers Company by its president Harry S. Price Jr ., and by its treasurer D. L. James, conveying the following: 1. That part of the N. W. 1/4 of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the W. line of said section distant S. 0° 16' 03" W, 1,255.72 feet from the N. W. corner of said section 29, and pro- ceeding thence S. 0° 16' 03" W, along said W. line, 95.00 feet; thence S 89° 28' 10" E., 128.00 feet, thence N. 0° 16' 03" E, 95.00 feet; thence N 89° 28' 10" W, 128.00 feet to the point of beginning. (Bureau of Taxation Parcel 29K1a10 - Newburgh Road right-of-way) Parcel 16, see attached plot plan. 2. That part of the N. W. 1/4 of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the W. line of said Section distant S. 0° 161 03" W, 750 feet from the N. W. corner of Section 29 and proceeding thence S. 0° 16' 03" W, along said W. line, 505.72 feet, thence S 89° 28' 10" E, 60.00 feet; thence N. 0° 16' 03" E, 505.72 feet; thence N. 89° 28' 10" W, 60.00 feet to the point of beginning. (Bureau of Taxation Parcel 29K1a10 - Newburgh Road right-of-way) Parcel 16a, see attached plot plan the Council does hereby determine for and on behalf of the City to accep` the aforesaid Quit Claim Deeds and the City Clerk is hereby requested tc have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. P roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. 11187 By Councilman Nash, seconded by Councilman Milligan, it was #18 5-70 RESOLVED, that having considered a communication from the Department of Law dated February 24, 1970 transmitting for Council acceptance a Grant of Easement dated February 11, 1970 executed by Associates, Inc. by its secretary-treasurer Edgar M. Fenton and its president Ben B. Fenton, conveying: The South 12 feet of the North 69 feet of the following described parcel: That part of the N. W. .1/4 of Section 22, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the North and South 1/4 line of Section 22 distant S 1° 17' 30" W. 595 feet from the North 1/4 corner of Section 22 and proceeding thence S 1° 17' 30" W along mid line 625 feet; thence N 88° 30' W. 165 feet; thence N 1° 17' 30" E. 625 feet; thence S 88° 30' E. 165 feet to the point of beginning, except the east 43 feet thereof. (Bureau of Taxation Parcel 22GG7) (storm sewer construction) the Council does herein accept for and in behalf of the City of Livonia the aforesaid document and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll cull vote was taken on the foregoing resolution with the following result• AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was #186 -70 RESOLVED, that having considered a communication from the Department of Law dated February 19, 1970, transmitting for Council acceptance a Grant of Easement dated. May 20, 1969 executed by Morris A Hunter, a single man, conveying: The West 10 feet of the following described parcel: The West 112.50 feet of Lot 2 and 3, Thomas F. O'Connor's Merriman Park Sub. of part of Southeast 1/4 of Southeast 1/4 of Section 10, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 10d2b2, 3b2) the Council does herein accept for and in behalf of the City of Livonia the aforesaid document and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. Joll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. 11188 By Councilman Nash, seconded by Councilman Milligan, it was #187-70 RESOLVED, that having considered a communication from the Department of Law dated February 19, 1970, transmitting for Council acceptance a Grant of Easement dated February 10, 1970 executed by Luther G. Lentz and Gladys L. Lentz, his wife, conveying: The east 240 feet of the west 340 feet of the south 20 feet of the following described parcel. Part of the N. E. 1/4 of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, being described as: Starting at the intersection of the North and South 1/4 line of Section 31 and the centerline of Ann Arbor Trail; Thence S. 86° 48' 20" E. , 200.00' . Thence N. 0° 31' 20" W., parallel to the said North and South 1/4 line, 60.07' to the point of beginning. Thence N. 0° 31' 20" W. , parallel to the said North and South 1/4 line, 383.79' ; Thence S. 70° 28' 18" E. 574.09' ; Thence S. 0° 31' 20" E., 222.00' ; Thence N. 86° 48' 20" W., 540.43' to the point of beginning. the Council does herein accept for and in behalf of the City of Livonia the aforesaid document and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. Councilman. Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 69-11-1-40 FOR CHANGE OF ZONING FROM R-1-A TO P.S. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman Milligan, itwas 11189 #188-70 RESOLVED, that having considered a communication dated February 9, 1970 from the City Planning Commission, which transmits its resolution #1-2-70 adopted by the Commission on January 20, 1970 with regard to Petition #69-11-2-27 submitted by Thaddeus J. Alberts, requesting permission to use existing building located on parcel 350LAb2 on the northeast corner of Hathaway and Middlebelt Road in the Southwest 1/4 of Section 36 for a real estate office as a waiver use on property zoned PS, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition #69-11-2-27 is hereby approved and granted. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS. None. By Councilman Kleinert, seconded by Councilman Nash, it was #189-70 RESOLVED, that having considered a communication from the City Planning Commission, dated January 12, 1970, which transmits its resolution #12-183-69 adopted on December 9, 1969, wherein the Commission did purport to amend Part V of the Master Plan of the City of Livonia, entitled "Master School and Park Plan," so as to incorporate property located on the south side of Sunnydale, east of Middlebelt in the Southwest 1/4 of Section 13, as a park site approximately four acres in size, the Council does hereby acknowledge receipt of the same. A rollcall vote was taken on the foregoing resolution with the following result : AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Nash, seconded. by Councilman Kleinert, it was #190-70 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated January 16, 1970, and the report and recommendation of the Chief of the Livonia Division of Po1:ioe, dated February 20, 1970 in connection therewith, the Council does hereby approve of the request from Dandy Drug Pic "N" Sav, Inc., dba Cunningham Drug, to merge with Dandy Drugs, Livonia, Inc., 1969 SDM Licensed Business located at 37980 Ann Arbor Road, Livonia, Michigan, with Dandy Drug Pic "N" Sav, Inc. as surviving corporation, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. 11190 By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #191-70 RESOLVED, that the Council does hereby determine that the Regular Meetings for the month of Apri]. 1970 shall be conducted on the following dates at 8:00 P. M.: April 13, 1970 April 20, 1970 April 27, 1970. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #192-70 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 Kleinert, it was #193-70 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated November 19, 1969, and the report and recommendation of the Chief of the Livonia Division of Police dated March 2, 1970 in connection therewith, the Council does hereby approve of the request from William G. Burns, Jr. and the Southland Corporation as Co-Licensee for a new SDM License to be located at 15550 Middlebelt Road, Livonia, Michigan; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigar. Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #194-70 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 Wednesday, April 29, 1970 at 7:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items : 11191 1. Petition 69-11-1-41 submitted by the City Planning Commission, pursuant to Council Resolution #991-69, for a change of zoning of property located on the northeast corner of Lyndon Avenue and Farmington Road in the Northwest 1/4 of Section 22 from RUF to R-3 and P.S., the City Planning Commission having in its resolution #2-13-70 recommended to the City Council that Petition 69-11-1-41 be denied; 2. Petition 69-8-1-x27 submitted by Robert E. Greenstein, attorney for Dr. George and Mathilde Rovin, for a change of zoning of property located on the east side of Middlebelt. Road, north of Pickford Avenue in the Northwest 1/4 of Section 12 from RUF to C-2, the City Planning Commission having in its resolution #2-21-70 recommended to the City Council that Petition 69-8-1-27 be denied; 3. Petition 70-1-1.2 submitted by Frank Underhill for a change of zoning of property located on the southwest corner of Sunset and Fargo in the Northwest 1/4 of Section 2 from RUF to R-3, the City Planning Commission having in its resolution #2-9-70 recommended to the City Council that Petition 70-1-1-2 be denied; 4. Petition 70-1-6-1 submitted by the City Planning Commission pursuant to Council Resolution #45-70, to determine whether to amend Ordinance #543, the City of Livonia Zoning Ordinance, as amended, to provide for an increase in the filing fee schedule of the Zoning Board of Appeals by amending Section 21.10 thereof, the City Planning Com- mission having in its resolution #2-10-70 recommended to the City Council that Petition 70-1-6-1 be approved, further, the City Clerk is hereby requested to no less than fifteen (15) days prior to the aforesaid date of said public hearing cause to have a statement indicating the 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. By Councilman Kleinert, seconded by Councilman McCann, it was #195-70 RESOLVED, that having considered the report and recommendation dated February 18, 1970 from the Superintendent of Operations, approved by the Director of Public Works and the Budget Director, and approved for submission by the Mayor, the Council does hereby accept the Bid of 11192 W. F. Miller Company, 1593 S. Woodward Avenue, Birmingham, Michigan, for supplying the Golf Course with the following items, for the following amounts: 75 lbs. Turf Fungicide & Herbicides @ 1.12/lb. 84.00 25 lbs. (1 drum) Mercury Turf Fungicide @ 9.55/lb 238.75 Two (2) 55 gal. Drums Herbicide @ 6.60/gal. 726.00 $1 ( 8.75 the same having been in fact the lowest bids received for these items. A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #196-70 RESOLVED, that having considered the report and recommendation dated February 20, 1970 from the Superintendent of Operations, approved by the Director of Public Works and the Budget Director, and approved for submission by the Mayor, the Council does hereby accept the Bid of Turfgrass, 365 Woodland Drive, South Lyon, Michigan 48178, for supplying the Parks and Golf Course Sections of the Operations Division with seven (7) tons of 18-5-9, 45% Organic Fertilizer for Greens @ $137.00 per ton, for a total of $959.00; and the Bid of W. F. Miller Company, 1593 S. Woodward Avenue, Birmingham, Michigan 48011, for supplying the Parks and Golf Course Sections of the Operations Division, with the following items for the following amounts : 55 tons of 12-4-8 fertilizer for fairways @ 71.86/ton $3,952.30 7 tons of 12-4-8 w/Benefin for Parks @ 146.96/ton 1,028.72 6 tons of 12-4-8 for Parks @ 71.86/ton 431.16 75 bags (40 lb. ea. ) of Double Duty for Parks @ 5.76/bag 432.00 $5,844.18 the same having been in fact the lowest bids, or the lowest bids meeting specifications, received for these items. A. roll call vote was taken on the foregoing resolution with the following result: AYES• McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #197-70 RESOLVED, that having considered a communication dated January 19, 1970 from Donato Veri and Lidia D. Veri, 9331 Garfield, Detroit, Michigan 48239, 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 or Partition of Lots No. 141 and 142 of Gold Manor Subdivision No. 2 (Tax Items 08e141 and 08e142) 11193 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 - Lot 141 and the West 2.00 feet of Lot 142, Gold Manor Subdivision No. 2, part of the S.E. 1/4 and part of the West 1/2 of Section 8, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, Liber 91, Pages 24, 25, 26 and 27 PARCEL B - The East 90.00 feet of Lot 142, Gold Manor Subdivision No. 2, part of the S. E. 1/4 and part of the West 1/2 of Section 8, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, Liber 91, Pages 24, 25, 26 and 27. 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: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was #198-70 RESOLVED, that the Council does hereby request the Traffic Commission and the Traffic Bureau of the Police Division of the Depart- ment of Public Safety to investigate the possibility of installing a traffic control stop sign at the intersection of Clements Circle and Orangelawn in the City of Livonia, and thereafter submit their respective reports and recommendations. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #199-70 RESOLVED, the Council hereby wishes to establish Wednesday, April 29, 1970 as a possible date to conduct a Public Hearing relative to determining public necessity in connection with the improvement of an alley located adjacent to commercial development on the South side of Plymouth Road between Merriman and Hubbard Roads, as outlined in the Livonia Planning Commission's report transmitted to the Council under date of January 15, 1970. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, this 679th regular meeting of the Council of the City of Livonia was duly adjourned at 9:58 P. M., March 9, 1970. <7 ADDISON W. BACON, C ler. . 11194 L MINUTES OF THE SIX HUNDRED EIGHTIETH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On March 23, 1970, the above meeting was held at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and was called to order by the Vice-President of the Council at approximately 8:06 P. M.. Councilman Nash delivered the invocation. Roll was called with the following result: Present--Robert E. McCann, Rudolf R. Kleinert, Peter A. Ventura, Jerry Raymond, Robert F. Nash, Edward G. Milligan andlEdward H. McNamara. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Virginia G. Handzlik, Deputy City Clerk; Robert A. Shaw, Director of Public Works; Donald Nicholson, Director of Public Safety; Robert Turner, Police Chief; William J. Strasser, City Engineer; Ed Siemert, Assistant City LEngineer; David L. Jones, Water & Sewer Commissioner; John T. Dufour, Superintendent of Parks and Recreation; Don Hull, City Planner; Dan Andrew, Industrial Coordinator; James Miller, Personnel Director; Robert Menzies, Planning Department; and Victor C. Phillips, Budget Director. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #200-70 RESOLVED, that the minutes of the 679th regular meeting of the Council of the City of Livonia, held March 9, 1970, are hereby approved. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #201-70 RESOLVED, that having considered the communication from the Mayor, dated March 23, 1970, relative to a proposed amendment to the Building Code which would require certain additional fireproof construction in multiple dwellings, the Council does hereby refer this matter to the next Study Session, to be held on April 20, 1970; further, the City Clerk is L hereby instructed to contact all interested parties and request them to submit their reports and recommendations. By Councilman Kleinert, seconded by Councilman Ventura, it was 11195 #202-70 RESOLVED, that having considered a communication from the Mayor, dated March 23, 1970, as well as a communication from the City Engineer, dated March 17, 1970, approved by the Director of Public Works, the Council does hereby request and authorize the Engineering Division to do all things necessary to prepare plans and specifications for the construc- tion of a drain enclosure approximately 2?5 feet in length, at an estimat- ed cost of $18,300.00, to enclose the open ditch located adjacent to the City of Livonia's Beverly Park site south of Pickford Avenue in Section 11, in accordance with the plan attached to the aforesaid communication from the City Engineer; further, the Council does hereby request the Wayne County Drain Commissioner and the Livonia Drain Board #17 to make available funds to cover the cost of the said drain enclosure from the surplus funds which are available in connection with the Livonia Drain #17 extension project, there appearing to be sufficient funds in this project for this purpose; and the City Clerk is 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 : Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, it was #203-70 RESOLVED, that after having considered a recommendation of the City Clerk, relative to the provisions of Ordinance No. 760, known as the "Code of Ordinances of the City of Livonia" and more specifically, Section 7 thereof, the Council hereby determines that such Code of Ordinances shall be made available to the public at a price of $12.00 per copy, with succeeding amendments thereto at a price of (0.10) per page for the first five pages of any amendment of mu]itiple pages, and five (0.05) for each succeeding page of the same Ordinance, and further, the City Clerk is 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: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. Copy of Summons, Civil Action #34587, United States District Court, Donald Vandersloot, Plaintiff, v. Roy D. Puckett and Raymond Jonassen and City of Livonia, Defendent, was received and filed for the information of the Council. The following resolution was unanimously offered, supported and adopted: #204-70 WHEREAS, good government cannot be maintained without the active participation of citizens who are willing to give of their time and efforts in order to promote the best interests of the public; and 11196 WHEREAS, Rudolf R. Kleinert, appointed as the first Township Fire Commissioner and remained active as a Volunteer Fireman through 1950, has clearly shown his unselfish devotion to civic responsibilities by faithfully serving his community; and WHEREAS, Rudolf R. Kleinert, has previously served the citizens of this community as a member of the Livonia Charter Commission in 1950; was elected to the Livonia City Council in 1954, and remained in this Office, having been elected to four successive four-year terms, until 1970, at which time he chose to retire from public service; was appointed to the Wayne County Board of Supervisors for 12 years; and served as Council President from 1964 to 1966; and WHEREAS, Rudolf R. Kleinert has in the course of such service given unselfishly of his time and conducted himself at all times in a manner so as to merit the commendation of the people of our City; and WHEREAS, his interest in the welfare of his fellow workers and his concern for Good Government to benefit of all citizens has earned "Rudy" a multitude of friends among the leaders of Business, Government and Labor; NOW, THEREFORE, BE IT RESOLVED THAT, having earned the affection and esteem of his fellow citizens, the City Council believes it fitting and proper to record at this time, its sincerest appreciation to "Rudy" by proclaiming April 16, 1970, RUDY KLEINERT DAY IN THE CITY OF LIVONIA, and to extend to him the sincere and heartfelt best wishes of the Citizens of Livonia and to express to him its gratitude and every good wish for continued success in his future endeavors. By Councilman Raymond, seconded by Councilman Nash, it was RESOLVED, that the roll call vote on the proposed "Stop and Frisk" Ordinance, introduced by Councilman McCann on March 9, 1970, be referred to the next Regular Meeting, when a full complement of the Council will be present. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan and Raymond. NAYS: Kleinert, Ventura and McCann. The Vice-President declared the resolution denied. *The Vice-President relinquished the Chair to Councilman Nash at 8.33 P. M. Councilman McCann gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 2 (MISDEMEANORS) OF TITLE 8 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED, OF THE CITY OF LIVONIA, BY ADDING SECTION 8-251 THERETO. 11197 LBy Councilman Raymond, seconded by Councilman Ventura, it was #205-70 RESOLVED, that the roll call vote on the proposed "Stop and Frisk" Ordinance, introduced by Councilman McCann on March 9, 1970, and given second reading on March 23, 1970, be tabled until such time as the Opinion is received from the Attorney General requested in Council Resolution #172-70, adopted on March 9, 1970. A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, Ventura, Raymond and Nash. NAYS: Kleinert and McCann. The Chairman declared the resolution adopted. *The Vice-President resumed the Chair at 8:38 P. M. Councilman Milligan gave second reading to the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 69-10-3-9) A roll call vote was taken on the foregoing Ordinance with the following result: AYES : Milligan, Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. The Vice-President declared the foregoing Ordinance duly adopted and would become effective on publication. *Councilman Ventura was excused at 8:40 P. M. Councilman Raymond gave second reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 11 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION 69-11-1-40 FOR CHANGE OF ZONING FROM R-1-A to P.S. , INTRODUC- ED BY COUNCILMAN VENTURA ON MARCH 9, 1970 A roll call vote was taken on the foregoing Ordinance with the following result: LAYES• Nash, Milligan, Kleinert, Raymond and McCann. NAYS: None. The Vice-President declared the foregoing Ordinance duly adopted and would become effective on publication. *Councilman Ventura returned at 8:40 P. M. 11198 By Councilman Nash, seconded by Councilman Kleinert, it was #206-70 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated December 3, 1969, which sets forth its resolution #11-168-69 in regard to Petition 69-10-1-36 submitted by the City Planning Commission, pursuant to Livonia Housing Commission Resolution #67-69, for a change of zoning on property located on the east side of Purlingbrook between Seven Mile Road and St. Martins in the S. E. 1/4 of Section 2, from R-1 to R-9, and the Council having conducted a public hearing with regard to this matter on February 9, 1970, pursuant to resolution #12-70, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 69-10-1-36 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #207-70 RESOLVED, that having considered the report and recommendation dated December 3, 1969, from the City Planning Commission, which sets forth its resolution #11-170-69 in regard to Petition 69-8-6-18 submitted by the City Planning Commission, pursuant to Council Resolution #399-69, to determine whether to amend Section 4.02 of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, pertaining to the storage and parking of trailers in R-1 through R-5 Districts , and the Council having conducted a public hearing with regard to this matter on February 9, 1970, pursuant to resolution #12-70, the Council does hereby refer this matter to the Capital Improvement Committee for the purpose of meeting with three members of the Federation of Civic Associations as well as three members of Trailer Organizations, for the purpose of giving consideration to this matter and thereafter submitting a report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES• Nash, Milligan, Kleinert, Ventura, Raymond and McCann. NAYS: None. *Councilman Milligan was excused at 8:45 P. M. for the remainder of the meeting. L11199 By Councilman Ventura, seconded by Councilman Nash, it was #208-70 RESOLVED, that having considered the report and recommendation dated December 3, 1969, from the City Planning Commission, which sets forth its resolution #11-170-69 in regard to Petition 69-8-6-18 submitted by the City Planning Commission, pursuant to Council Resolution #399-69, to determine whether to amend Section 4.02 of Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia, pertaining to the storage and parking of recreational equipment in R-1 through R-5 Districts, and the Council having conducted a public hearing with regard to this matter on February 9, 1970, pursuant to resolution #12-70, the Council does hereby request that the Bureau of Inspection not issue any violations under the Zoning Ordinance relative to the storage and parking of recrea- tional equipment in R-1 through R-5 Districts and observe a moratorium in this regard until such time as the matter of the subject amendment to the Zoning Ordinance has been finally resolved by action of the City Council. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, it was #209-70 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated April 15, 1968 on all matters required by Section 2-506 of the Livonia Code of Ordinances, and a first public hearing having been held thereon on June 17, 1968 after due notice as required by Section 2-507 of the said Code, and after-careful consideration having been given to all such matters, the Council does, hereby, pursuant to Section 2-508 of said Code : (1) accept and approve said statement in all respects; (2) determine to make the improvement consisting of a 22 foot wide pavement from the south line of the Patrick McNamara Towers site to St. Martins Avenue in the south half of Section 2, City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; (3) approve the plans and specifications for said improvement as set forth in said statement of April 15, 1968; (4) determine that the estimated cost for such improvement is $23,936.00; (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the city at large, in proportions hereafter established, 11200 (6) that the proportion of the cost of said improvements to be borne and paid by the City and that the balance of said cost of said public improvement to be borne and paid by special assessments, if any, on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom shall be determined by further action of the Council. (7) determine that assessments made for such improvement may be paid in ten (10) annual installments together with interest thereon in the amount of six per cent (6%) per annum on the unpaid balance; (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied, as follows: Beginning at a point on the north and south 1/4 line of Section 2, distant S. 1° 58' 52" E., 997.66 feet from the center 1`4 corner of said section and proceeding thence N. 87° 50' 43" E. 657.73 feet along the center line of St. Martins Avenue; thence S. 2° 10' 35" E. 626.30 feet; thence S. 87° 43' 30" W. , 659.75 feet to the center line of Purlingbrook Avenue; thence proceeding S. 1° 58' 52" E. 33.0 feet along said center line; thence S. 87° 43' 30" W., 160 feet to the S. W. corner of Bureau of Taxation Parcel 02P7; thence N. 1° 58' 52" W. , 663.85 feet along the west property line of Bureau of Taxation Parcels 02P7, 02P8, 02P9, and 02P10 to the center line of St. Martins Avenue; thence N. 87° 50' 43" E. 160 feet along the center line of St. Martins Avenue to the point of beginning. (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the city at large, all in accordance with the determina- tion of the City Council; and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the pro- visions of Section 2-510 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon required by Section 2-511 of the said Code. 11201 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Raymond and McCann. NAYS : Ventura. The Vice-President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Ventura, it was #210-70 RESOLVED that, Dale Investment Company, 15500 Telegraph Road, Detroit, Michigan, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision: Livonia Industrial Park Subdivision No. 2, in the S. W. 1/4 of Section 27 City of Livonia, Michigan, the said proposed preliminary plat being dated August 4, 1969; and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on August 12, 1969; and it further appearing that such preliminary plat, together with Development Plans and Specifica- tions for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that depart- ment dated January 12, 1970; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions: (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Plat Ordinance, Ordinance No. 500, as amended; the subdivision regulations of the Plan- ning Commission; the regulations and specifications of the Department of Public Works and the development plans submitted by the proprietor and approved by such Department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution, failing this, the approval contained herein shall be considered null, void and of no effect whatsoever, (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid in the time and manner provided in the said Plat Ordinance, as amended; (3) That the installation of such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 7.03 of said Plat Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the presctibed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans; 11202 (5) That the following cash payments be made to the City: (a) Trees - not recommended (b) Traffic Control Signs $ 30.00 (c) Street Name Signs 70.00 (d) Plan review, field inspection and administration (5% before contingencies) 5,244.00 (e) Survey Monuments (Cash Escrow)(Includes lot corners) 655.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive final approval of the City Planning Commission as evidence that such plat is in compliance with existing subdivision regulations; (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council withia two (2) years from the effective date of this resolution; the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein and provided there has been compliance with all other requirements of the Plat Act, Plat Ordinance, and this resolution. (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements, the proprietor may file with the City of Livonia, surety bond, certified check, cash bond or other financial assurance in such form as may be approved by the Department of Law, guaranteeing the satisfactory installation of all such improvementE utilities and grading by the proprietor within the prescribed period; that in the event the prpprietor elects to deposit such financial assurances, the same shall be in the following amounts : General Improvement Bond - $115,300.00, of which at least 5,000.00 shall be in cash. Sidewalk Bond - not required. (9) That the requirement set forth in Section 9-116 (n) of the Livonia Code of Ordinances, relative to placing utility lines underground, is hereby waived since the same does not appear to be necessary or other- wise in the interest of the City, but ornamental street lights are to be provided throughout the subdivision as set forth in the City ordinances. A roll call vote was taken on the foregoing resolution with the following result: AYES : Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. The communication from Mrs. James Semande, 30990 Robert Drive, dated January 29, 1970, with respect to a trailer parked at Robert Drive and Denne, was received and filed for the information of the Council. 11203 By Councilman Kleinert, seconded by Councilman Nash, it was #211-70 RESOLVED, that having considered a communication from Council President Edward H. McNamara, dated December 31, 1969 with respect to "stockpiling at the City land fill area," as well as a communication dated February 23, 1970 from the Mayor with respect to this matter, the Council does hereby refer the same to the Director of Public Works for the prepara- tion of alternate bids at the time the City's contract with Commercial Removal Company expires so as to obtain bids which would include an alternate for using a land fill site located outside of the City which would permit the stockpiling of fill at the City's Land Fill Site; further, the Director of Public Works is also requested upon receipt of bids to make an investigation of all firms submitting bids in this regard. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Kleinert and Raymond. NAYS: Ventura and *McCann. The Vice-President declared the resolution adopted. *Vice-President McCann made the following statement: My 'no' vote is cast because I believe a feasibility direction is required from the Director of Public Works. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #212-70 RESOLVED, that the Director of Public Works is hereby requested to submit a report to this Council as to the status of the Livonia Land Fill Area, the duration of its projected use as well as all other information pertinent to the operation of the land fill. By Councilman Nash, seconded by Councilman Ventura, and unanimously .4d1,.:0;e(i, it was #213-70 RESOLVED, that having considered a communication from Comstock & Associates, dated February 24, 1970, in connection with a program referred to as "Dynamics of Supervision," the Council does hereby refer the same to the Personnel Director for his report and recommendation. By Councilman Ventura, seconded by Councilman Nash, it was #214-70 RESOLVED, that having considered a communication from the City Engineer, dated February 10, 1970, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize an expenditure of a sum not to exceed $20,000.00 from the $9,800,000.00 General Obligation Street and Road Bond Issue for the purpo.:c 11204 of obtaining necessary title searches and property appraisals in connection with the proposed Middlebelt Road and C & 0 Grade Separation Project; and the Industrial Coordinator, Department of Law and the Engineering Division are hereby requested to do all things necessary to implement the obtaining of such appraisals and title searches; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incident- al to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES . Nash, Kleinert, Ventura, Raymond and McCann. NAYS : None. At 9:18 P. M. , a recess was called after which the meeting resumed with ala. members present who were named as present at the original roll call, with the exception of Councilman Milligan and Councilman McNamara. By Councilman Raymond, seconded by Councilman Ventura, it was #215-70 RESOLVED, that having considered a communication from the City Planning Commission, dated January 27, 1970, which transmits its resolution #1-5-70 adopted by the Commission on January 20, 1970 with regard to Petition 69-5-8-2a requesting site plan approval for a proposed addition to the shopping center located at Five Mile Road and Levan Roads in the Southwest 1/4 of Section 17, which petition has been submitted in connectien with Petition 69-5-8-2 previously approved by the City Planning Commission and the City Council, the Council does hereby pursuant to provisions set forth in Section 9.03 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition 69-5-8-2a is hereby approved, such approval to be based upon the same conditions as set forth in the aforesaid recommendation of the City Planning Commission, and the additional condition that no one business establishment within the approvea site plan shall be in excess of 24,500 square feet and that all buildings shall have separating, unpierced masonary walls between businesses. A roll call vote was taken on the foregoing resolution with the following result: AYES : Nash, Kleinert, Ventura, Raymond and McCann. NAYS : None. By Councilman Ventura, seconded by Councilman Nash, it was #216-70 RESOLVED, that having considered the report and recommendation dated November 6, 1969 from the City Planning Commission, which set forth its resolution #10-141-69 in regard to Petition 69-9-1-28 submitted by Charest and Clancy, attorneys for Harold L. and Jean Thomas, for a change of zoning on property located west of Middlebelt Road, south of Five Mile Road in the Northeast 1/4 of Section 23, from RUFA to C-2, and the Counci] 11205 having conducted a public hearing with regard to this matter on January 2e, 1970, pursuant to resolution #1367-69, the Council does hereby reject the recommendation of the Planning Commission and the said Petition 69-9-1-28 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Ventura, Raymond and McCann. NAYS: Kleinert. Tne Vice-President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Nash, it was #217-70 RESOLVED, that having considered the report and recommendation dated December 15, 1969, from the City Planning Commission which sets forth its resolution #11-167-69 in regard to Petition 69-10-6-20 submitted by the City Planning Commission on its own motion to determine whether to amend Sections 4.03, 5.03, 9.03 and 10.03 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, by adding a new paragraph to the waiver use sections in the R-1 through R-5, RUF, P.S. and C-1 Districts to provide special regulations for fraternal or religious organ- izations, and the Council having conducted a public hearing with regard to this matter on February 9, 1970, pursuant to resolution #51-70, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 69-10-6-20 is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #218-70 RESOLVED, that having considered the report and recommendation dated December 3, 1969 from the City Planning Commission which sets forth its resolution #11-169-69 in regard to Petition 69-10-6-22 submitted by the City Planning Commission on its own motion to determine whether to amend Section 2.10, Definitions of Miscellaneous Terms, of the Zoning Ordinance of the City of Livonia, Ordinance No. 543, as amended, by adding paragraph (19) to define the term of "Recreational Equipment," and the Council having conducted a public hearing with regard to this matter on February 9, 1970, pursuant to resolution #12-70, the Council does hereby 11206 refer this matter to the Capital Improvement Committee for the purpose of meeting with three members of the Federation of Civic Associations as well as three members of Trailer Organizations, for the purpose of giving consideration to this matter and thereafter submitting a report and recom- mendation. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #219-70 RESOLVED, that having considered a communication from the City Engineer and the Assistant City Engineer, dated November 24, 1969, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Mon-Ton Concrete, Inc , 16886 Forrer Avenue, Detroit, Michigan 48235, for installing sidewalks O nng both sides of Farmington Road from Schoolcraft Road to Eight Mile Road in the City of Livonia, for the estimated cost of $77,737.00, based upon the Engineering Division's estimate of units of work involved and subject to Final Payment based upon the actual units of work as constructer: in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work, further, that with respect to the sidewalks to be constructed on both sides of Farmington Road between Schoolcraft and Five Mile Roads, the Contract shall provide that such work shall be constructed only if and whey, the City Council has confirmed a proposed Special Assessment Roll for this portion of the Contract; and the Council does hereby authorize an advance in an amount not to exceed $77,737.00 from the $9,800,000.00 Street Improvement General Obligation Bond Issue for this project, the same to be reimbursed from the proceeds of the successful issuance of such special assessment bonds as may be sold for this purpose; and the Director of Public Works is hereby authorized to approve all minor adjustments in the work as completed, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the afore- said bidder and to do all other things necessary or incidental to the full performance of this resolution. h roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Kleinert, Raymond and McCann. NAYS: Ventura. "he Vice-President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, it was #220-70 RESOLVED, that having considered a communication from the City Engineer, dated February 10, 1970, approved by the Director of Public Works and approved for submission by the Mayor, the Council does herein 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 of suitable lumen strength to be located at the following 11207 A. Driveway entrance into the Grand River Baptist Church, 34500 Six Mile Road; B. On Merriman Road at the Kenwood Church of Christ, 20200 Merriman Road; and C. Quaker Acres, 34004 W. Seven Mile Road; in the City of Livonia, Michigan, it being the determination of the Council that such locations require street lighting in order to protect the public safety and welfare of the residents of the community. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #221-70 RESOLVED, that the Council having considered a communication dated February 3, 1970 from the City Engineer and the Assistant City Engineer, approved by the Director of Public Works and approved for sub- mission by the Mayor, wherein the City Engineer has ascertained the assess- ed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring on Morlock Avenue - East of Merriman Road (Merriman Park Apartments) in the N. W. 1/4 of Section 2, 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 authoritibs, 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 February 4, 1970, and that there has been a full compliance with all of the provision of Section 2-506 of the Livonia Code of Ordinances, as amended, the Council does hereby set Monday, May 4, 1970 at 7.00 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. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Kleinert, Ventura and McCann. NAYS: Raymond. The Vice-President declared the resolution adopted. 11208 By Councilman Nash, seconded by Councilman Kleinert, it was #222-70 RESOLVED, that the Council having considered a communication dated February 3, 1970 from the City Engineer and the Assistant City Engineer, approved by the Director of Public Works and approved for sub- mission by the Mayor, wherein the City Engineer has ascertained the assess- ed valuation of all property affected by the proposed installation of ornamental street lighting with underground wiring on Fargo Avenue - East of Farmington Road (Shamrock Apartments) in the N. W. 1/4 of Section 3, 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 February 4, 1970, 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, May 4, 1970, at 7:00 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. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Kleinert, Ventura and McCann. NAYS: Raymond. The Vice-President declared the resolution adopted. By Councilman Nash, seconded by Councilman Kleinert, it was #223-70 RESOLVED, that the Council having considered a communication dated February 3, 1970 from the City Engineer and the Assistant City Engineer, approved by the Director of Public Works and approved for sub- mission 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 on Bobrich Avenue - West of Middlebelt Road (Valley Wood Apartments) in the S. E. 1/4 of Section 11, 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 specificationo therefor and an estimate for the cost thereof, and to file the same with 11209 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 February 4, 1970, 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, May 4, 1970, at 7:00 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, Michi- gan, pursuant to Section 2-507 of said Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to give notice and publi- cation of such hearing as is required by Section 2-507 of said Code. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura and McCann. NAYS• Raymond. The Vice-President declared the resolution adopted. By Councilman Nash, seconded by Councilman Kleinert, it was # 24-70 RESOLVED, that the Council having considered a communication dated February 3, 1970 from the City Engineer and the Assistant City Engineer, approved by the Directorcf Public Works and approved for submis- sion 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 on Dardanella Avenue - East of Middl.ebelt Road (Livonia Apartments) in the N. W. 1/4 of Section 12, 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 February 4, 1970, 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, May 4, 1970, at 7:00 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 publica- tion of such hearing as is required by Section 2-507 of said Code. 11210 A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura and McCann. NAYS: Raymond. The Vice-President declared the resolution adopted. By Councilman Nash, seconded by Councilman Kleinert, it was #225-70 RESOLVED, that the Council having considered a communication datea February 3, 1970 from the City Engineer and the Assistant 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 ornamental street lighting with underground wiring on Lancaster & Garden Avenues - North of Five Mile Road (Franklin Square Apartments) in the S. W. 1/4 of Section 13, City of Livonia, Wayne County, Michigan, and such report having indica`- ed the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacani , 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 assess- ments 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 February 4, 1970, 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, May 4, 1970, at 7:00 P. M as the date and time for a Public Hearing on the necessity for such pro- posed 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. 4 roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Kleinert, Ventura and McCann. NAYS: Raymond. she Vice-President declared the resolution adopted. By Councilman Nash, seconded by Councilman Kleinert, it was #226-70 RESOLVED, that having considered a communication from the City Engineer, dated February 2, 1970, approved by the Director of Public Works and approved for submission by the Mayor, with regard to the installation 11211 of an 8' wide concrete sidewalk to be installed on Riverside Drive easterly across school properties to Stark Road, as well as the installation of ornamental street lighting with underground wiring along the proposed route of the sidewalk, the Council does hereby authorize the Engineering Division to draw up specifications and take bids on the proposed improve- ment; further, this action is conditioned on the Board of Education of the City of Livonia sharing the cost of the same on a 50-50 basis. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #227-70 RESOLVED, that having considered a communication from the City Engineer and the Assistant City Engineer, dated November 24, 1969, approved by the Director of Public Works and approved for submission by the Mayor, and a communication from the City Treasurer, dated February 22, 1970, with regard to the 1968 Miscellaneous Sidewalk Program and certain unpaid side- walk charges which have not heretofore been paid in full, the Council does hereby determine that a Special Assessment shall be placed on the following properties for the following amounts, as set forth below: ITEM NO. OWNER'S NAME & ADDRESS AMOUNT OF ASSESSMENT 23aa28 Gordon-Begin, 31530 Dolly Madison, $ 387.20 Madison Heights, Michigan 22Z3a1a James Jamison, 14430 Brookfield, Livonia 280.87 16e419 G. E. Wilhelm, 35169 Wood Drive, Livonia 181.50 11LL3b2a Murray Cohen, 18115 Middlebelt Road, Livonia 828.85 31g51 Cloyd Kirby & Chas. Cude, 8815 Marlowe, Plymouth 597.44 31h223 Cloyd Kirby & Chas. Cude, 1490 Ann Arbor Rd.., 232.92 Plymouth, Michigan 14g137 Michael Tataglia, 16501 Rutherford, Detroit 302.50 14gOLA2a Cheyenne Bldg., 19771 Jas. Couzens, Detroit 892.37 12c209, 210 William J. White, 28110 Clarita, Livonia 242.00 120217, 218 .Nonark Real Estate Exchange, 12904 Joy Road, 242.00 Detroit further, having considered a communication from Mr. Murray M. Cohen, dated February 5, 1970, regarding a request for installment payments, the Council does hereby determine that the cost charged may be paid in six (6) equal annual installments, with interest at the rate of six percent (6%) per annum on the unpaid balance commencing from April 1, 1970; and the City Clerk, City Treasurer and City Assessor are hereby authorized to do all things necessary or incidental to the full performance of this resolution, in accordance with the provisions which are set forth in the Special Assessment Procedure Ordinance. 11212 LA roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #228-70 RESOLVED, that having considered the report and recommendation of the Budget Director, Director of Public Safety, and the Chief of Police, dated February 10, 1970, approved for submission by the Mayor, the Council does hereby accept the bid of Trumbull Chevrolet Sales, Inc. , 1341 Michigan Avenue, Detroit, Michigan, for supplying the City with one PE31455 Prisoner Transport Van for the price of $5,156.11, such having been in fact the only bid received for this item. A roll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was L #229-70 RESOLVED, that having considered a communication from the Chief of Police and the Director of Public Safety, dated February 2, 1970, approved for submission by the Mayor and the Budget Director, the Council does hereby authorize the transfer of a sum not to exceed $1000.00 from the Reserve for Contingencies Account to Account #304-904 for the purpose of covering the cost involved in printing the Police Manual of Rules and Regulations in the manner indicated in the aforesaid communication. t roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS : None. By Councilman Ventura, seconded by Councilman Nash, it was #230-70 RESOLVED, that having considered a communication from the Personnel Director, dated February 3, 1970, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Civil Service Commission on January 6, 1970, the Council does hereby authorize an appropriation of the sum of $26.69 from the Reserve for Contingencies Account for the purpose of making payment of mileage expenses incurred in September, 1969, by the Personnel Director. LA. rcll call vote was taken on the foregoing resolution with the following result. AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS* None. 11213 By Councilman Ventura, seconded by Councilman Nash, it was #231-70 RESOLVED, that having considered a communication from the Budget Director, dated February 6, 1970, approved for submission by the Mayor, with regard to increased limits on the City's fleet and comprehensive general liability policy previously authorized in Council Resolution #1382-69, the Council does hereby authorize the transfer of the sum of $639.00 from the Reserve for Contingencies Account to Budget Account #925-918 for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. The communications from the City Clerk and the Chief of Police, with respect to Taxicab rates and minimum age of drivers, Council Resolution #102-70, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Kleinert, and unanimously adopted, it was #232-70 RESOLVED, that having considered a communication dated February 18, 1970 from the Department of Law, approved by the Bureau of Inspection and Planning Director, and approved for submission by the Mayor, as well as a communication from the City Planning Commission, dated February 25, 1970, with regard to the case referred to as "Esper vs. City Planning Commission of the City of Livonia, Civil Action #127-712," the Council doeb hereby authorize the Department of Law to enter into a stipulation dismissing the complaint, show cause and injunction and establishing permitted uses in accordance with the recommendations set forth in the aforesaid communications, as well as to do all other things necessary to implement or fulfill the purpose of this resolution in accomplishing the dismissal of the said litigation. The communication dated January 27, 1970 from Gerald J. Remus, General Manager of the Metropolitan Water Department of the City of Detroit, with respect to "State Grant Program for Pollution Control" was received and filed for the information of the Council. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #233-70 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 riot appear on the agenda. 11214 By Councilman Kleinert, seconded by Councilman Nash, it was #234-70 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee, dated March 16, 1970, with regard to a letter from the Water and Sewer Commissioner, dated March 2, 1970, approved by the Director of Public Works and approved for submission by the Mayor, wherein it is recommended that the Water Department Budget for the fiscal year 1970-71 be adopted as submitted, the Council does hereby approve the Water Budget for the fiscal year 1970-71, as submitted, provided, however, that the Budget be subject to revision based on the recommendation of the Water and Sewer Board as to the amount of refunds to residents that are required as a result of certain over-charges. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #235-70 RESOLVED, that having considered the report and recommendation of the Water and Sewer Committee, dated March 16, 1970, with regard to a letter from the Water and Sewer Commissioner, dated March 2, 1970, approved by the Director of Public Works and approved for submission by the Mayor, wherein it is recommended that the Sewer Department Budget for the fiscal year 1970-71. be adopted as submitted, the Council does hereby approve the Sewer Budget for the fiscal year 1970-71, as submitted. A. roll call vote was taken on the foregoing resolution with the following result. AYES• Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #236-70 RESOLVED, that having considered a communication from the Superintendent of Operations and the Director of Public Works, dated March 18, 1970, approved for submission by the Mayor, and submitted pur- suant to Council Resolution #68-70, wherein a plan is submitted for the development of the park site located in the Greenwood Farms Subdivision, the Council does hereby request and authorize the Department of Public Works to do all things necessary to implement such plan and develop the said Park Site in the manner recommended, except that forty-two (42) tree.. shall be planted in lieu of the fourteen (14) recommended, and for this purpose the Council does hereby authorize an expenditure of a sum not to exceed $5,790.00 from the $4,400,000.00 Parks & Recreational General Obligation Bond Issue. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Kleinert, Ventura, Raymond and McCann. NAYS: None. 11215 By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #237-70 RESOLVED, that the Council does hereby determine to take from Committee the item relative to bids for two Emergency Rescue Units, such having been referred to the Committee of the Whole in Council Resolution #121-70, adopted on February 2, 1970. *Councilman McNamara arrived at 10:25 P. M. By Councilman Raymond, seconded by Councilman Nash, it was #238-70 RESOLVED, that having considered communications from the Budget Director, Fire Chief and Director of Public Safety dated January 22, 1970, approved for submission by the Mayor, the Council does hereby determine to accept the bid of Bill Brown, Inc., for supplying the Fire Division with two Emergency Rescue Units for total price in the amount of $12,519.66 (Unit Price of $6,259.83), the same having been, in fact, the lowest bid reported for this item. A roll c.all vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, Raymond, McNamara and McCann. NAYS: None. By Councilman Raymond, seconded by Councilman Nash, and unanimously .adopted, it was #239-70 RESOLVED, that the Council does hereby request the Director of Public Safety to prepare specifications and obtain bids for the purchase of a "Rescue Equipment Unit" the same in accordance with the discussion conducted with the Director of Public Safety. *The Vice-President relinquished the Chair to the President at 10.32 P. M. By Councilman Ventura, seconded by Councilman Raymond, it was #240-70 RESOLVED, that having considered the request dated March 20, 1970 from Mr. Robert Osborn, 14407 Alexander, Livonia, Michigan, to use sound equipment throughout the residential areas of the City of Livonia to encourage residents to go to the polls on April 6th, the Council does hereby grant permission for the same during the daylight hours only on the days of April. 1, 2, 3, 4 and 6th. A. roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Ventura, Raymond and *McNamara. NAYS: Kleinert. The President declared the resolution adopted. L11216 *President of the Council, Councilman McNamara, abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. By Councilman McCann, seconded by Councilman Kleinert, it was 4241-70 BE IT RESOLVED, that the City of Livonia enter into an agreement with the Board of County Road Commissioners of the County of Wayne, Michigan, relative to the acquisition of right-of-way on Five Mile Road between Merriman Road and Eckles Road, in the City of Livonia, Wayne County, Michigan, a copy of said agreement is attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that the Mayor and the City Clerk be and the same are hereby authorized to execute the foregoing agreement for and on behalf of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was 4242-70 RESOLVED, that having considered communication from the Personne' Director, dated January 22, 1970, as well as a communication from the Budget Director, dated March 18,1970, approved for submission by the Mayol , which transmits certain action taken by the Civil Service Commission where- in the Commission did recommend to the City Council the following: 1. Retitle the classification of Repair Mechanic to Water Meter Repairman I with no change in rate from the present maximum rate of $3.82 an hour. 2. Establish a classification of Water Meter Repairman II at the following rate: Step 1 Step 1-1/2 Step 2 (Minimum) Maximum) $3.66 $3.66 $3.82 $3.98 3. Establish a classification of Water Meter Repairman III at the following rate: Step 1 (Minimum) Step 1-1/2 Step 2 (Maximum) $3.79 $3.95 $4 .11 11217 4. Retitle the classification of Sewer Maintenance Man to Sewer Maintenance Man I with no change in rate from the present maximum rate of $3.82 an hour. 5. Establish a classification of Sewer Maintenance Man II at the following rate: Step 1 Step 1-1/2 Step 2 (Minimum) (Maximum) $3.72 $3.88 $4.04 6. Approval of retroactive pay for one (1) position of Sewer Maintenance Man II from May 1, 1969, through February 28, 1970, at an additional cost to the budget of the Water & Sewer Board of $392.00. 7. Approval of 4% adjustment effective December 1, 1969, for the classifications to be established with the adjusted rate to be as follows. This adjustment is in accordance with the agreement between the City of Livonia and Union Local 192 for the period 12-1-68 to 11-30-70. (Minimum) (Maximum) Step 1 Step 1-1/2 Step 2 WATER METER REPAIRMAN I $3.65 $3.81 $3.97 WATER METER REPAIRMAN II 3.82 3.98 4.14 WATER METER REPAIRMAN III 3.95 4.11 4.27 SEWER MAINTENANCE MAN I 3.65 3.81 3.97 SEWER MAINTENANCE MAN II 3.88 4.04 4.20 the Council does hereby concur in and approve of such action. A. roll call vote was taken on the foregoing resolution with the following result. AYES : Nash, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Nash, and unanimously Adcpted, it was #243-70 RESOLVED, that the Council does hereby request that the Depart- ment of Public Works and the Police Department make an investigation and thereafter submit a report and recommendation as to what needs to be done if anything, in order to provide more adequate protection and to alleviate vandalism at the cemetery located on Farmington Road. 11218 By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, this 680th regular meeting of the Council of the City of Livonia was duly adjourned at 10:55 P. M., March 23, 1970. 2,0 - - ADDI S ON W. BACON, i Cle.k.