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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-09-24 10835 MINUTES OF THE SIX HUNDRED SIXTY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On September 24, 1969, 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 8:26 P. M.. Councilman Ventura delivered the invocation. Roll was called with the following result: Present--Edward H. McNamz*'a, Rudolf R. Kleinert, Peter A. Ventura, Jerry Raymond, Robert E. McCann, Robert F. Nash and Edward G. Milligan. Absent--None. Elected and appointed officials present: Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Carl J. Wagenschutz, City Treasurer; Robert A. Shaw, Director of Public Works; David L. Jones, Water and Sewer Commissioner; Donald Nicholson, Director of Public Safety; John T. Dufour, Superintendent of Parks and Recreation; John Nagy, Assistant City Planner; William J. Strasser, City Engineer; G. E. Siemert, Assistant City Engineer, Dan Andrew, Industrial Coordinator; James L Miller, Personnel Director; Victor C. Phillips, Budget Director, Thomas Griffiths,Jr., Chief Accountant; Harry Bridges, Personal Property Auditor; Carl Pursell, Wayne County Board of Supervisors; Raymond Tent, Planning Commission; Robert Colomina, Planning Commission; William LaPine, Zoning Board of Appeals; and Robert Bennett, Zoning Board of Appeals. By Councilman Ventura, seconded by Councilman McCann, and*unanimously adopted, it was #1039-69 RESOLVED,. that the minutes of the 661st regular meeting of the Council of the City of Livonia, held September 17, 1969, are hereby approved. *Councilman Raymond and Councilman Milligan abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, L as amended. The President of the Council acknowledged receipt of two veto messages from the Mayor, both dated September 24, 1969, the first on Council Resolution #1036- 69 adopted on September 17, 1969, which approved a Lot Split in Livrance Estates 10836 Subdivision, and the second on Council Resolution #1017-69, adopted on September 17, L1969 which approved Petition #69-4-2-11, submitted by James Sutherland to construct a restaurant as a waiver use on property located on the south side of Seven Mile Road in Section 12. By Councilman Ventura, seconded by Councilman Kleinert, it was #1040-69 RESOLVED that, having considered the veto by the Mayor, dated September 24, 1969 of resolution #1036-69 adopted by the Council on September 17, 1969, the Council does hereby readopt said resolution #1036-69 the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Milligan, Kleinert and McNsmara. NAYS: Nash. The President declared the resolution adopted, and the Mayor's veto overruled. By Councilman Nash, seconded by Councilman Raymond, it was #1041-69 RESOLVED that, having considered the veto by the Mayor, dated L September 24, 1969 of resolution #1017-69 adopted by the Council on September 17, 1969, the Council does hereby readopt said resolution #1017-69 the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: Kleinert. The President declared the resolution adopted, and the Mayor's veto overruled. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #10+2-69 RESOLVED, that having considered the letter dated September 22, 1969 from the Mayor, with respect to Petition 69-5-6-12 (R-9 Zoning Classification - Turnkey Project MICH-55-B), the Council does hereby refer this matter to the Legislative Committee for their report and recommenda- tion. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 15 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE"CITY OF LIVONIA ORDINANCE," BY ADDING SECTION 3. THERETO. RE:PETITION 69-3-1-6 10837 FOR CHANGE OF ZONING IN SECTION 15 FROM R-3 TO P-S, INTRODUCED BY COUNCILMAN VENTURA ON SEPTEMBER 17, 196 . A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, McCann, Nash and McNamara. NAYS: Milligan and Kleinert. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Nash took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 27 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 69-2-1-3 FOR CHANGE OF ZON- ING FROM C-2 TO M-1, INTRODUCED BY COUNCILMAN NASH ON SEPTEMBER 17, 1969. A roll call vote was taken on the foregoing Ordinance with the following result: AYES : Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS : None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Raymond took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 31 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 69-2-1-4 FOR CHANGE OF ZONING FROM R-1 to R-7, INTRODUCED BY COUNCILMAN NASH ON SEPTEMBER 17, 1969. 10838 LA roll call vote was taken on the foregoing Ordinance with the following result. AYES : Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 8.02 OF ARTICLE VIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," (Site Plan Approval for Multiple Dwellings), INTRO- DUCED BY COUNCILMAN VENTURA ON SEPTEMBER 17, 1969. (Petition 69-1-6-1) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, McCann, Nash and McNamara. NAYS: Milligan and Kleinert. The President declared the foregoing Ordinance duly adopted, and would become effective on publication. By Councilman McCann, seconded by Councilman Milligan, it was #1043-69 WHEREAS, property described as: Being a part of the N. E. 1/4 of Section 1, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the N. and S. 1/4 section line distant S. 0° 09' E. 1,447.20 feet from the N. 1/4 corner of Section 1; and proceeding thence S. 0° 09' E. 1,447.20 feet from the N. 1/4 corner of Section 1; and proceeding thence S. 0° 09' E. along said line 68.56 feet; thence N. 65° 59' 14" E. 100.93 feet, thence S. 45° 22' 12" E. 64.28 feet; thence S. 65° 39' 14" W. 150.95 feet; thence S. 0° 09' E. along the N. and S. 1/4 section line 46.30 feet, thence N. 89° 51' E. 340.61 feet; thence N. 53° 35' W. 303.21 feet, thence S. 89° 51' W. 97.39 feet to the point of beginning. ( .74 acres more or less) Taxation Parcel OlU6a-7a "A-1" is included in the Master Plan for Parks for the City of Livonia, and 10839 WHEREAS, the United States of America has entered into Contract OSA-58 which provides for financial assistance to the City of Livonia in acquiring the above described real property for park purposes; and WHEREAS, it is hereby determined, upon consideration of two competent independent appraisals that the fair market value of this real property is $1,000.00, NOW, THEREFORE, BE IT RESOLVED, THAT: 1. the City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $1,000.00; and 2. the City Council does hereby authorize the expenditure of the sum of $14.91 for the proration of the 1968 City, County, and School taxes applicable to this property, prorated as of August 12, 1969, and does further authorize the expenditure of the sum of $35.00 to cover the cost of the title insurance policy on the subject property; and 3. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provisions that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue; and 4. the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Nash, it was #1044-69 WHEREAS, the City of Livonia is in need of park and open space in an area within its boundaries between Merriman Road on the east, Farmington Road on the west, Seven Mile Road on the south, and Pembroke on the north; and WHEREAS, pursuant to the provisions of Act 285 of the Public Acts of Michigan of 1931, as amended, the City Planning Commission of the City of Livonia having duly held public hearings and subsequently adopted on November 15, 1966 a Master School and Park Plan, Part V, Master Plan of the City of Livonia, which Master School and Park Plan designates the below described real property for a park and recreational use; and WHEREAS, the City Planning Commission of the City of Livonia and the Parks and Recreation Commission have recommended that this property be acquired for a park and recreational use; 10840 NOW, THEREFORE, BE IT RESOLVED, that this City Council for the City of Livonia, Wayne County, Michigan, a Michigan Municipal Corporation, hereby declares that the acquisition of property described as follows : Land in the City of Livonia, Wayne County, Michigan, described as follows: Parcel D-15 - That part of the S. W. 1/4 of Section 3, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan described as beginning at a point on the S. line of said section distant N. 89° 37' 30" E 1323.75 feet from the S. W. corner of Section 3; thence pro- ceeding N. 89° 37' 30" E. along said line 185.0 feet; thence N. 0° 00' 40" W. 2632.26 feet; thence N. 89° 57' 30" W. along the E. and W. 1/4 section line 183.30 feet; thence S. 0° 01' 30" W. 2633.60 feet to the point of beginning, except the southerly 600 feet thereof. Parcel D-16 - That part of the S. W. 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the S. line of said section distant N. 89° 37' 30" E. 1508.75 feet from the S.W. corner of Section 3, proceeding thence N. 89° 37' 30" E. along said S. line 185.0 feet; thence N. 0° 03'00" W. 2630.93 feet; thence N. 89°57'30" W. along the E. and W. 1/4 section line 183.30 feet; thence S. 0°00' 40" E. 2632.26 feet to the point of beginning, except the S. 600 feet thereof. Parcel D-17 - That part of the S. W. 1/4 of Section 3, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the S. line of said section distant N. 89°37'30" E. 1878.75 feet from the S.W. corner of Section 3; and proceeding thence N. 89°37'30" E. along said line 111.0 feet;thence N. 0°06' 30" W. 2628.80 feet; thence N. 89°57'30" W. along the E. and W. 1/4 section line 109.97 feet; thence S.0°05'10" E. 2629.60 feet to the point of beginning, except the S. 600 feet thereof. Parcel D-19 - That part of the S. W. 1/4 of Section 3, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the S. line of said section distant W. 334.50 feet from the S. 1/4 corner of Section 3; and proceeding thence W. along the S. line 165.0 feet; thence N. 0° 18' 40" E. 1319.74 feet; thence S. 89°40'20" E. 165.0 feet, thence S. 0°18'40" W. 1318.80 feet to the point of beginning, except the S. 600 feet thereof. Parcel D-20 - That part of the S.W. 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the S. line of said section distant W. 147.50 feet from the S. 1/4 corner of Section 3, proceeding thence W. along said S. line 187.0 feet; thence N. 0°18'40" E. 1311.71 feet; thence S. 89° 40'20" E. 187.0 feet; thence S. O°18'40" W. 1310.77 feet to the point of beginning, except the S. 600 feet thereof. 10841 Parcel D-21 - That part of the S. W. 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the S. 1/4 corner of Section 3 and proceeding thence W. along the said S. line of said Section 147.50 feet; thence N. 0°18'40" E. 1310.77 feet, thence S. 89° 40' 20" E. 148.77 feet to the N. and S. 1/4 line of Section 3; thence S. 0° 22' W. along said line 1309.80 feet to the point of beginning, except the S. 600 feet thereof. Parcel D-147 - That part of the S. W. 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the S. line of said section distant N. 89°37' 30"E. 1693.75 feet from the S. W. corner of Section 3; proceeding thence N. 89° 37' 30" E. along said line 185.0 feet; thence N. 0° 05' 10" W. 2629.60 feet; thence N. 89°57'30" W. along the E. and W. 1/4 section line 183.30 feet; thence S. 0°03'00" E. 2630.93 feet to the point of begin- ning, except the S. 600 feet thereof. is necessary for a public improvement for the use and benefit of the public for the purpose of its incorporation and for a public purpose within the scope of its powers, and the City Council for the City of Livonia does hereby declare that it deems it necessary to take the above described private property upon compensation to be paid therefor for such public improvement; BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and conduct the necessary proceedings on behalf of the City of Livonia in the Circuit Court for the County of Wayne, State of Michigan, (that being the County where the private property sought to be taken is located), to carry out the objects of this resolution and to acquire by condemnation for the City of Livonia the private property hereinbefore described for a park and recreational use, as provided in the Master School and Park Plan of the Master Plan for the City of Livonia, as hereinbefore set forth, as a necessary and authorized public improvement, and that said proceedings be brought in accordance with the statutes of the State of Michigan provided therefor, and more particularly Act 149 of the Public Acts of 1911, as amended, (being Section 8.11, et seq. M.S.A. as amended; 213.21, et seq. M.C.L.A. as amended, and Compiled Laws of 1948, as amended); BE IT FURTHER RESOLVED, that the cost of the acquisition of this property shall be financed from the $4,400,000.00 Parks and Recreational General Bond Issue. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: Ventura. The President declared the resolution adopted. 10842 By Councilman Raymond, seconded by Councilman McCann, it was #1045-69 RESOLVED, that having considered a communication from the City Planning Commission dated July 8, 1969 which submits the Newburgh Lake Development Study prepared by the Livonia Planning Department and the Livonia Parks and Recreation Department, the Council does hereby refer the same to the Committee of the Whole for its consideration. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #1046-69 RESOLVED, that having considered a communication from the City Planning Commission dated September 8, 1969 which transmits a document entitled "Five Mile Road Off-Street Parking Study, Phase I" prepared by the City Planning Department, the Council does hereby refer the same to the Committee of the Whole for its consideration. By Councilman McCann, seconded by Councilman Ventura, it was RESOLVED, that having considered the report and recommendation dated May 9, 1969 from the City Planning Commission which sets forth its resolution #4-49-69 in regard to Petition No. 69-2-6-7, submitted by the City Planning Commission on its own motion, wherein it is proposed to amend Section 18.47 of Ordinance No. 543, as amended, the Zoning Ordinance, to clarify the regulation of the areas and proposed buildings in the Civic Center vicinity, the Council does hereby concur with the recommendation of the City Planning Commission and the said Petition No. 69-2-6-7 is hereby approved and granted, provided, however that the said amendment shall read as follows: Section 18.47 Buildings in Civic Center Vicinity. No building shall be erected in the vicinity of the City's Civic Center unless such building is reviewed by the City Planning Commission and approved by the Council. The Commission shall recommend approval of such a bui.iding only if it determines that its height, setback, landscaping and general architecture is in substantial harmony with the existing property and buildings in the Civic Center. The area to be considered as within the vicinity of the Civic Center is that area located in Sections 15, 16, 21 and 22, bounded on the north by Roycroft Avenue, on the east by Hubbard Road, on the south by Lyndon Avenue, (excepting therefrom all property in Kimberly Oaks Subdivision and Taylor Gardens Subdivision) on the west by the east property line of the Parkview Memorial Cemetery and that portion of Stamford Road that is north of Five Mile Road and south of Roycroft Avenue. 10843 and the Department of Law is hereby requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. By Councilman Milligan, seconded by Councilman Ventura, it was #1047-69 RESOLVED, that having considered the report and recommendation dated May 9, 1969 from the City Planning Commission which sets forth its resolution #4-49-69 in regard to Petition No. 69-2-6-7, submitted by the City Planning Commission on its own motion, wherein it is proposed to amend Section 18.47 of Ordinance No. 543, as amended, the Zoning Ordinance, to clarify the regulation of the areas and proposed buildings in the Civic Center vicinity, the Council does hereby refer this matter to the next Study Session of the Council, to be held October 6, 1969. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: Kleinert. The President declared the resolution adopted. The communication from Robert L. Coopes, Attorney, for Arthur, David and Leo Pollack, relative to the Option for Park Site (15 acres at Middlebelt and Six Mile Road), was received and filed for the information of the Council. By Councilman Raymond, seconded by Councilman Kleinert, it was #1048-69 RESOLVED, that having considered a communication from Mr. C. R. Merest, attorney, dated September 4, 1969 submitted on behalf of the Occidental Investment Company and Mr. Elliot Schubiner, with regard to a prior proposal dated June 17, 1969 relating to the Merriman Park Apart- ments and the installation of paving on the west side of Merriman Road immediately south of Eight Mile Road, the Council does hereby refer the same to the Streets, Roads and Plats Committee for its report and recommend- ation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Nash and Kleinert. NAYS: McCann, Milligan and McNamara. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Kleinert, it was #1049-69 RESOLVED, that having considered a letter from Mr. and Mrs. Anthony Kolodziejeck, 21166 Osmus Street, Livonia, Michigan, received on September 3, 1969, the Council does hereby grant permission to the owners of the grave site designated "August Jayska" and located in Range 4 Grave 6 to use the southerly 18" of the pathway adjoining the said grave site 10844 to the north so as to allow the burial of six persons in the said grave site as per plans and agreements which have been previously entered into in this regard; and the Director of Public Works as well as the City Clerk 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: Ventura, Raymond, McCann, Nash, Milligan Kleinert and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #1050-69 RESOLVED, that having considered a communication from James R. McCann, District Judge of the 16th District Court, dated August 20, 1969, in regard to the insurance coverage previously authorized in council resolution #665-67 for the voluntary work program, the Council does hereby refer the same to the City Clerk, the Budget Director, and the Department of Law for their respective reports and recommendations. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #1051-69 RESOLVED, that having considered a communication from Earl Keim Realty, Inc., dated September 8, 1969, wherein an interest is indicat- ed to purchase certain city-owned property designated as Parcel 22e1391 in Seiting Gardens Subdivision, the Council does hereby refer the same to the Department of Law for its report and recommendation. By Councilman Ventura, seconded by Councilman Kleinert, it was RESOLVED, that having considered a letter from the Lowell Construction Company dated August 18, 1969 with respect to the proposed Spring Valley Subdivision #3, the Council does hereby take this means to indicate its agreement in principle with the request that the pavement requirement for the street width in the said Subdivision be reduced to 27 feet in lieu of 31 feet for the reasons indicated in the aforesaid communication, and in this regard the Engineering Division is requested to base its recommendation with respect to the Preliminary Plat Approval in accordance with the action taken herein. By Councilman McCann, seconded by Councilman Milligan, it was #1052-69 RESOLVED, that having considered a letter from the Lowell Construction Company dated August 18, 1969 with respect to the proposed Spring Valley Subdivision #3, requesting that the pavement requirement for the street width in the said subdivision be reduced to 27 feet in lieu of 10845 31 feet for the reasons indicated in the aforesaid communication, the Council does hereby determine to refer this matter to the Director of Public Safety and the Engineering Department for their respective reports and recommendations. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, McCann, Nash, Milligan and McNamara. NAYS : Ventura and Kleinert. The President declared the resolution adopted. Councilman Raymond made the following statement: Although I voted "yes" on the action taken earlier in this meeting (Council Resolution #1050-69), with respect to insurance coverage for Voluntary Work in the Probation Department, I repeat my objections to the entire Voluntary Work Program. By Councilman Milligan, seconded by Councilman Ventura, it was #1053-69 RESOLVED, that the question of using convicted individuals for voluntary work for the City of Livonia, at any price, be referred to the Legislative Committee for their report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan and McNamara. NAYS : McCann, Nash and Kleinert. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, it was #1054-69 RESOLVED, that having considered a communication from the Department of Law dated September 10, 1969 which transmits a proposed Master Plan Ordinance, submitted pursuant to council resolution #1097-68, the Council does hereby refer the same to the Legislative Committee for its report and recommendation. At 9:39 P. M., a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman McCann, seconded by Councilman Kleinert, it was 10846 #1055-69 RESOLVED, that having considered a communication from the Personnel Director dated September 17, 1969 which submits a resolution adopted by the Civil Service Commission on September 16, 1969, wherein it is recommended that the permanent City Bargaining Team henceforth shall consist of the Personnel Director as Chairman and, with the approval of the Mayor, the City Attorney or a member of the legal staff whom the City Attorney may designate, and provided further, that the Budget Director and/or department heads may, as necessary from time to time, be requested to provide assistance and information to the permanent bargaining team; and provided further that the matter of the salary and benefits of the Personnel Director and Assistant City Attorney will be reviewed at two (2) year intervals to overlap any period applicable to general employees, the Council does hereby determine to concur in and approve of such action except to delete therefrom the words "permanent" and "henceforth" as they appear. A roll call vote was taken on the foregoing resolution with the following result• AYES: Raymond, McCann, Nash, Kleinert and McNamara. NAYS: Ventura and Milligan. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Nash, and unanimously adopted, it was #1056-69 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 next Study Session of the Council to be held on October 6, 1969. By Councilman Kleinert, seconded by Councilman Nash, it was #1057-69 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment DistrictNo. 80 more particularly described in Council Resolution No. 634-69 adopted on June 11, 1969, as required by the provisions of the City Charter and Ordinance No. 401, as am'nded, of the City of Livonia, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed with ornamental street lights with underground wiring in Hearthstone Subdivision, Hearthstone Subdivision #2, and Pembrent Subdivision, in said Special Assessment District No. 80. NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said lights shall be installed with ornamental street lights with underground wiring and that the assessments set forth in said Special Assessment District No. 80 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City 10847 Engineer and resolutions of the City Council, said Special Assessment Roll No. 80 based on installation of ornamental street lights with underground wiring is hereby approved and confirmed in all respects, pursuant to the provisions of Section 3.10 of Ordinance No. 401, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Ordinance No. 401, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by them for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 2 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 ORDINANCE," BY ADDING SECTION 3. THERETO. RE: PETITION NO. 69-2-1-2 FOR CHANGE OF ZONING FROM RUF TO C-2, INTRODUCED BY COUNCILMAN VENTURA ON SEPTEMBER 3, 1969. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Ventura, Raymond, McCann, Nash and Kleinert. NAYS: Milligan and McNamara. The President declared the Ordinance adopted, and would become effective on publication. By Councilman Ventura, seconded by Councilman Kleinert, it was #1058-69 RESOLVED, that having considered a communication dated June 19, 1969 from the City Planning Commission in regard to Petition No.69-5-2-12, submitted by Ply-Van Corporation, which sets forth its resolution #6-86-69 requesting permission to construct and operate a gasoline service station as a waiver use on property located on the northwest side of Plymouth and Levan Roads in Section 29, which property is zoned C-2, and the Council having conducted a public hearing with respect to this matter on September 10, 1969 pursuant to council resolution #717-69, the Council does hereby reject the recommendation of the City Planning Commission and the said Petition No. 69-5-2-12 is hereby approved and granted, the Council having determined as a matter of fact that the petitioner has complied with the requirements of the C.2 zoning classification and the standards set forth in Section 19.06 of the Zoning Ordinance. 10848 A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #1059-69 RESOLVED, that having considered a letter from the Mayor dated September 8, 1969, the Council does hereby determine to rescind Council Resolution #943-69; further, that having considered a communication from the City Engineer and the Assistant City Engineer, dated August 14, 1969 approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby determine to accept the bid of Forneys, Incorporated, P. 0. Box 310, New Castle, Pennsylvania 16103, for supplying the Engineering Division with one Concrete Compression Tester, Model QC-150, for the sum of $2,165.00, the same having been in fact the lowest bid received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Kleinert and McNamara. NAYS: Ventura, Raymond and Milligan. The President declared the resolution adopted. By Councilman Raymond, seconded by Councilman Kleinert, it was #1060-69 RESOLVED, that having considered the action taken by the Civil Service Commission on September 2, 1969 with respect to certain amend- ments in the City's Policies for life insurance, accidental death, dismemberment, and loss of sight insurance, as set forth in the Master Contract with the Great West Life Assurance Company to be effective from December 1, 1968 and which would amend Group Policy 4199GL and Group Policy 4199GH, the Council does hereby approve of the same and does authorize the Mayor and the City Clerk, on behalf of the City of Livonia, to execute such instruments and to do such other things as may be necessary to fulfill the performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. The following resolution was unanimously offered, supported and adopted: #1061-69 RESOLVED, that having considered a request from the Burton Hollow ValleyCivic Association dated September 15, 1969, the Council does hereby grant permission to the Burton Hollow Valley Civic Association to conduct a Halloween Party on Saturday, October 25, 1969 on Munger Drive, east of Edgewood, from 6:30 P. M. Saturday, October 25, 1969,until 3:00 A. M. Sunday, October 26, 1969, subject to approval of the Director of Public Safety. 10849 By Councilman Kleinert, seconded by Councilman Nash, it was #1062-69 RESOLVED, that having considered a communication dated September 17, 1969 from the Department of Law, transmitting for Council acceptance a Quit Claim Deed dated August 11, 1969 executed by Charles Watkins and Margaret Watkins, his wife, conveying a portion of Parcel 06.J39c for the Newburgh Road right•of-way, said portion of property being more particularly described as: The east 60 feet of the north 76.67 feet of the north 216.67 feet of the south 1346.67 feet of the east 144.0 feet of the S. E. 1/4 of Section 6, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan. the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city-owned and exempt. A roll call vote was taken on the foregoing resolution with the following result• AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. The communication from the Department of Law, dated August 21, 1969, with respect to OSA-125, Status of Park Sites (CR-66-69), relative to Park Sites AA, BB and E, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Ventura, it was #1063-69 RESOLVED, that having considered a letter from Hyman Gold, dated September 16, 1969, the Council does hereby authorize the release to the proprietor of Gold Manor Subdivision No. 3, of the cash payment in the amount of $3900.00 deposited with City in accordance with Council Resolution #1325-68, adopted on November 27, 1968, with respect to Park Site Improvement, based on the oral report of the City Engineer with regard to this matter; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: Kleinert. The President declared the resolution adopted. 10850 By Councilman Ventura, seconded by Councilman Nash, and unanimously Ladopted, it was #1064-69 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 Kleinert, seconded by Councilman Nash, it was #1065-69 RESOLVED, that having considered a communication from the Department of Law dated September 16, 1969, approved by the City Engineer and approved for submission by the Mayor regarding the acquisition of certain properties in connection with the widening and improvement of Newburgh Road, and in accordance with the recommendations made in the aforesaid communication, the Council does hereby authorize the Division of Engineering and the Department of Law to acquire as specified in the said communication from the owners of the following parcels for the following amounts: Parcel Owner Amount 12 A. W. Miller, Inc. $3,200.00 16 Price Brothers $4,308.00 (including cost of fence) 25 Marathon Oil Company $2,800.00 37 Detroit Edison Company $3,300.00 63 Jean Boyd Hill $5,600.00 and the sum of $83.58 is hereby authorized for the proration of taxes and for this purpose the Council does hereby authorize the expenditure of the aforesaid amounts from the $9,800,000.00 General Obligation Street and Road Improvement Bond Issue for this purpose; and the Department of Law, City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the full purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES : Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS : None. By Councilman Kleinert, seconded by Councilman Nash, it was #1066-69 RESOLVED, that having considered a communication from the Department of Law dated September 17, 1969, approved by the City Engineer and approved for submission by the Mayor regarding the acquisition of certain properties in connection with the widening and improvement of Newburgh Road, and in accordance with the recommendations made in the afore- said communication, the Council does hereby authorize the Division of Engineering and the Department of Law to acquire property as specified, in the said communication from the owner or owners of the following parcel for the following amount: 10851 Parcel Owner Amount 30Ala2ala3 Price Brothers and Company $4,000.00 and the sum of $10.74 is hereby authorized for the proration of taxes and for this purpose the Council does hereby authorize the expenditure of the aforesaid amounts from the $9,800,000.00 General Obligation Street and Road Improvement Bond Issue for this purpose; and the Department of Law, City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the full purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #1067-69 RESOLVED, that having considered a communication from the Department of Law dated September 17, 1969, approved by the City Engineer and approved for submission by the Mayor regarding the acquisition of certain properties in connection with the widening and improvement of Newburgh Road, and in accordance with the recommendations made in the aforesaid communication, the Council does hereby authorize the Division of Engineering and the Department of Law to acquire property as specified in the said communication from the owner or owners of the following parcel for the following amount: Parcel Owner Amount 16a Price Brothers Company $5,460.00 and the sum of $12.55 is hereby authorized for the proration of taxes and for this purpose the Council does hereby authorize the expenditure of the aforesaid amounts from the $9,800,000.00 General Obligation Street and Road Improvement Bond Issue for this purpose; and the Department of Law, City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the full purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #1068-69 RESOLVED, that having considered a communication from the Industrial Development Coordinator, dated September 23, 1969, approved by the Mayor, the Council does hereby authorize the advance of $62,278.20 from Special Assessment Roll No. 58, covering the installation of paving and drainage on the proposed east-west Industrial Road in the North 1/2 of 10852 Sections 28 and 29 in the City of Livonia, to Special Assessment Roll No. 59, which covers the installation of water mains on the proposed east- west Industrial Road in said Sections, for the purpose of permitting Oak Park Excavating Company to install said water mains as authorized by C.R. #351-69, said advance from Special Assessment Roll No. 58 to be reimbursed upon the successful issuance of Special Assessment Bonds for this project; and FURTHER, C. R. #351-69 is hereby amended so as to delete that portion of said resolution relating to the action taken therein being made subject to and conditioned upon the successful issuance of Special Assessment Bonds; and FURTHER, the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #1069-69 RESOLVED, that having considered a letter dated September 22, 1969, from the Industrial Coordinator regarding the description of that area which should be excepted from and not included in Special Assessment District No. 58, the installation of paving and drainage on a proposed east-west industrial road in the North 1/2 of Sections 28 and 29, in the City of Livonia, the Council does hereby amend Special Assessment Roll No. 58, which Roll was confirmed in Council Resolution #670-68, adopted on June 12, 1968, so as to except and exclude from the Roll the following described area: That part of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Begin- ning at a point on the N. line of Section 29 distant Easterly, 995.46 feet from the N. 1/4 corner of said Section 29 and pro- ceeding thence along said N. line of Section 29 and S.89°43' E, 677 feet; thence Southerly 248 feet, thence N. 89° 43' W, 431.46 feet; thence S 86° 50' 59" W, 245.98 feet; thence N. 0° 15' 50" E, 262.73 feet to the point of beginning; and that part of Sections 28 and 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as: Beginning at a point on the N. line of Section 29 distant East- erly 1921.46 feet from the N. 1/4 corner of said Section 29 and proceeding thence along said N. line of Section 29 S. 89° 43' E. 731.91 feet and Easterly, 1980 feet; thence Southerly 248 feet; thence Westerly 1980 feet; thence N. 89° 43' W, 731.91 feet, thence Northerly 248 feet to the point of beginning, and 10853 that part of Section 28, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as : Begin- ning at a point on the N. line of said Section 28, distant Easterly 2145 feet from the N.W. corner of said Section 28 and proceeding thence along said N. line of Section 28,Easterly 350 feet; thence Southerly 248 feet, thence Westerly 350 feet; thence Northerly, 248 feet to the point of beginning, FURTHER, the Council does hereby designate that the legal description for Special Assessment District No. 58 shall be described as follows : That part of Sections 28 and 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as : Beginning at a point, on the N. & S. 1/4 line of said Section 29, distant S. 0° 35' 41" W, 2039.06 feet from the N. 1/4 corner of said Section 29 and proceeding thence N. 0°35'41" E, 1373.06 feet; thence S. 89° 38' 30" E, 995.46 feet; thence N. 0° 15' 50" E, 404.57 feet; thence N. 86° 50' 59" E, 245.98 feet; thence S. 89° 43' E, 431.46 feet; thence Southerly 702 feet; thence Easterly 249 feet; thence Northerly 702 feet; thence S. 89° 43' E, 731.91 feet; thence Easterly 1980 feet; thence Southerly 104 feet; thence Easterly 165 feet; thence Northerly 104 feet; thence Easterly 350 feet; thence Southerly 104 feet; thence Easterly 165 feet, thence N. 0° 41' 44" E, 104 feet; thence Easterly 100 feet; thence S. 0° 41' 44" w, 344.96 feet; thence S. 88° 16' 50" E, 494.66 feet; thence S. 0° 41' 44" w, 243.02 feet, thence N. 88° 16' 50" W, 47.17 feet; thence S. 0° 41' 44" W, 288.70 feet; thence N. 88° 16' 50" W, 3.19 feet; thence S. 0° 41' 44" W, 99.15 feet, thence S. 88° 16' 50" E, 452.87 feet; thence S. 15° 07' 25" W, 318.64 feet; thence N. 89° 15' 42" W, 867.98 feet, thence S. 0° 34' W, 362.92 feet; thence S. 89° 15' 42" E, 467.31 feet, thence S. 15° 07' 25" W, 140 feet, thence S. 89° 15' 42" E, 306.60 feet; thence S. 15° 07' 25" W, 50.41 feet; thence S. 16° 54' 15" W, 10.83 feet, thence N. 89° 15' 42" W, 619.29 feet; thence S. 0° 34' W, 257.66 feet; thence N. 89° 15' 42" W, 1465.16 feet; thence S. 0° 34' W, 251.03 feet, thence Westerly 1320 feet; thence Westerly 735.53 feet; thence along the arc of a curve concave to the N.E., with a radius of 386.28 feet, a chord bearing of N. 40° 38' 22" W and a chord distance of 508.67 feet, 555.26 feet; thence N. 0° 32' 25" E, 171.54 feet, thence S 89° 53' 22" W, 1493.79 feet; and the City Clerk, City Treasurer, and City Assessor are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. 10854 By Councilman Ventura, seconded by Councilman Kleinert, it was #1070-69 RESOLVED, that having considered a letter dated September 22, 1969, from the Industrial Coordinator regarding the description of that area which should be excepted from and not included in Special Assessment District No. 59, the installation of water mains on a proposed east- west industrial road in the North 1/2 of Sections 28 and 29,in the City of Livonia, the Council does hereby amend Special Assessment Roll No. 59, which Roll was confirmed in Council Resolution #671-68, adopted on June 12, 1968, so as to except and exclude from the Roll the following described area: That part of Section 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as : Be- ginning at a point on the N. line of Section 29 distant Easterly, 995.46 feet from the N. 1/4 corner of said Section 29 and proceeding thence along said N. line of Section 29 and S. 89° 43' E, 677 feet; thence Southerly 248 feet; thence N. 89° 43' W, 431.46 feet; thence S. 86° 50' 59" w, 245.98 feet; thence N. 0°15'50" E, 262.73 feet to the point of beginning, and that part of Sections 28 and 29, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as : Beginning at a point on the N. line of Section 29, distant East- erly, 1,921.46 feet from the N. 1/4 corner of said Section 29 and proceeding thence along said N. line of Section 29 S.89°43' E, 731.91 feet and Easterly, 1,980 feet; thence Southerly 248 feet; thence Westerly, 1,980 feet; thence N. 89° 43' W, 731.91 feet; thence Northerly 248 feet to the point of beginning; and that part of Section 28, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, more particularly described as : Be- ginning at a point on the N. line of said Section 28, distant Easterly, 2,145 feet from the N.W. corner of said Section 28 and proceeding thence along said N. line of Section 28,Easterly 350 feet; thence Southerly, 248 feet, thence Westerly, 350 feet; thence Northerly, 248 feet to the point of beginning; FURTHER, the Council does hereby designate that the legal description for Special Assessment District No. 59 shall be described as follows : That part of Sections 28 and 29, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, more particularly described as :Beginning at a point, on the N. & S. 1/4 line of said Section 29,distant S. 0° 35' 41" W, 2039.06 feet from the N. 1/4 corner of said Sec- tion 29 and proceeding thence N. 0° 35' 41" E, 1373.06 feet;thence 10855 S. 89° 38' 30" E, 995.46 feet, thence N. 0° 15' 50" E, 404.57 feet;thence N.86°50'59" E, 245.98 feet; thence S. 89°43'E,431.46 feet; thence Southerly 702 feet; thence Easterly 249 feet,thence Northerly 702 feet; thence S. 89°43' E, 731.91 feet, thence Easterly 1980 feet; thence Southerly 104 feet; thence Easterly 165 feet; thence Northerly 104 feet, thence Easterly 350 feet, thence Southerly 104 feet; thence Easterly 165 feet, thence N. 0° 41' 44" E, 104 feet; thence Easterly 100 feet; thence S. 0°41' 44" w, 876.68 feet; thence S. 88° 16' 50" E, 444.3 feet; thence S. 0° 41' 44" W, 99.15 feet; thence S. 88° 16' 50" E, 452.87 feet; thence S. 15° 07' 25" W, 318.64 feet; thence N. 89° 15' 42" W, 867.98 feet; thence S. 0°34' W, 362.92 feet; thence S. 89° 15' 42" East, 467.31 feet, thence S. 15° 07' 25" W, 140 feet; thence S. 89° 15' 42" E, 306.60 feet; thence S. 15° 07' 25" W, 50.41 feet; thence S. 16° 54' 15" W, 10.83 feet; thence N. 89° 15' 42" w, 619.29 feet; thence S. 0° 34' W, 257.66 feet, thence N. 89° 15' 42" W, 1465.16 feet; thence S. 0° 34' W, 251.03 feet, thence Westerly 1320 feet, thence Westerly 735.53 feet; thence along the arc of a curve concave to the N.E., with a radius of 386.28 feet; a chord bearing of N. 40° 38' 22" W, and a chord distance of 508.67 feet, 555.26 feet; thence N. 0° 32' 25" E, 171.54 feet; thence S. 89° 53' 22" W, 1493.79 feet; and the City Clerk, City Treasurer, and City Assessor are hereby requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, McCann, Nash, Milligan, Kleinert and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Nash, and unanimously adopted, it was #1071-69 RESOLVED, that due to numerous complaints and obvious conditions at neighborhood shopping centers throughout the city, the Council requests that the Mayor review present ordinances and implement enforcement of said ordinances; further, that if the Mayor finds the present ordinances are inadequate, or that assistance is needed in enforcing those ordinances, the Council requests a report from him as to what role they can play in implementing better enforcement. *Councilman Kleinert was excused at 10:57 P. M., for the balance of the meeting. By Councilman Raymond, seconded by Councilman Milligan, it was LRESOLVED, that the Department of Law is hereby requested to take all necessary steps to establish the positions of the Executive Assistant to the Mayor and the Executive Assistant to the Council as well as all other similarly affected positions in the City, now outside of the Charter, to be incorporated in the Civil Service system. 10856 By Councilman Nash, seconded by Councilman Raymond, it was L #1072-69 RESOLVED, that the matter of the positions of Executive Assistant to the Mayor and Executive Assistant to the Council, and the status of those positions as presently established, be referred to the next Study Session of the Council to be held on October 6, 1969. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #1073-69 RESOLVED, that the Department of Law prepare an Opinion as to whether or not the positions of Executive Assistant to the Mayor and Executive Assistant to the Council can be legally appointive positions under the structure of the Charter. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, this 662nd regular meeting of the Council of the City of Livonia was duly adjourned at 11:15 P. M., September 24, 1969. I ,,c__ __4_._i__.j Z.,' ADDISON W. BACON, C1- .