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HomeMy WebLinkAboutCOUNCIL MINUTES 1970-08-31 11565 MINUTES OF THE SIX HUNDRED NINETY-SECOND REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On August 31, 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 8:09 P. M.. Councilman Bennett delivered the invocation. Roll was called with the following result: Present--Robert F. Nash, Jerry H. Brown, Jerry Raymond, Edward G. Milligan, RobertE. McCann, Peter A. Ventura and Robert D. Bennett. Absent--None. Elected and appointed officials present. Edward H. McNamara, Mayor; Addison W. Bacon, City Clerk; Harry C. Tatigian, City Attorney; Robert Osborn, Director of Public Works, Ronald Mardiros, City Assessor; William J. Strasser, City Engineer; Don Hull, City Planner; John Nagy, Industrial Coordinator, John T. Dufour, Superintendent of Parks and Recreation; Gene Ehrstin, Director of Public Safety- Police, Robert Turner, Police Chief; Stanley Bien, Chief Librarian; Richard Jones, Assistant Superintendent of Operations Division, Ed Siemert, Assistant City Engineer; H. L. Bridges, Personal Property Auditor; Victor C. Phillips, Budget Director, Thomas J. Griffiths, Jr. , Chief Accountant; Joseph R. TaIbor, Planning Commission, and Robert R. Bishop of the Zoning Board of Appeals. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #798-70 RESOLVED, that the minutes of the 691st regular meeting of the Council of the City of Livonia, held on August 17, 1970, are hereby approved. By Councilman McCann, seconded by Councilman Brown, it was #799-70 RESOLVED, that having considered a communication dated August 26, 1970 from the Mayor, to which is attached a communication dated July 24, 1970 from the Michigan Municipal League regarding the City's membership in the Michigan Good Roads Federation, the Council does hereby authorize the City's membership in the Michigan Good Roads Federation, and the Council does further appropriate the sum of $67.00 to be expended from the Unappropriated Surplus Account for this purpose, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. 11566 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The communication dated July 9, 1970 from the Board of Commissioners of the County of Wayne, which transmits a copy of a resolution by the Board, pledging faith and credit of the County in support of various proposed bond issues, was received and filed for the information of the Council. By Councilman Bennett, seconded by Councilman McCann, and unanimously adopted, it was #800-70 RESOLVED, that having considered a communication from the Depart- ment of Law, dated August 10, 1970, wherein it is indicated that site which comprises Parksite H-29 has been acquired, the Council does hereby repeal Council Resolution No. 1095-69 adopted on October 6, 1969, which previously authorized condemnation proceedings with respect to this Parksite. The communication from the Department of Law, dated July 24, 1970, with respect to appraisals of Marathon Service Station, located at Five Mile and Farming- ton Roads, was received and filed for the information of the Council, By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #801-70 RESOLVED, that the City Engineer, having filed with the City Clerk a statement dated May 1, 1970, approved by the Director of Public Works and approved for submission by the Mayor, and the Council having conducted a public hearing with regard to this matter on August 19, 1970, relative to a proposed special assessment district for the installation of street paving on Mayfield (Six Mile to Curtis), Fairfield(Six Mile to Curtis), Bennett (Loveland. to Hubbard) and Curtis (Loveland to Hubbard), the Council dogs hereby determine to table and defer action with respect to this matter pending a determination by the Council of an overall policy for street improvements on these streets and similarly situated streets in the City of Livonia. By Councilman Brown, seconded. by Councilman Ventura, and unanimously adopted, it was 11567 #802-70 RESOLVED, that the City Engineer, having filed with the City Clerk a statement dated May 11, 1970, approved by the Director of Public Works and approved for submission by the Mayor, and the Council having conducted a public hearing with regard to this matter on August 12, 1970, relative to a proposed special assessment district for the installation of street paving on Bennett, Bobrich, Vargo, Grove and Curtis Avenues - West of Merriman, the Council does hereby determine to table and defer action with respect to this matter pending a determination by the Council of an overall policy for street improvements of these streets and similarly situated streets in the City of Livonia. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #803-70 RESOLVED, that the City Engineer, having filed with the City Clerk a statement dated April 23, 1970, approved by the Director of Public Works and approved for submission by the Mayor, and the Council having conducted a public hearing with regard to this matter on July 29, 1970, relative to a proposed special assessment district for the installation of street paving on St. Francis from Long to Grand River and Antago from Long to Grand River, the Council does hereby determine to table and defer action with respect to this matter pending a determination by the Council of an overall policy for street improvements on these streets and similarly situated streets in the City of Livonia. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #804-70 RESOLVED, that the City Engineer, having filed with the City Clerk a statement dated May 1, 1970, approved by the Director of Public Works and approved for submission by the Mayor, and the Council having conducted a public hearing with regard to this matter on July 29, 1970, relative to a proposed special assessment district for the installation of street paving on Fairlane Road, from Five Mile to Lyndon, the Council does hereby determine to table and defer action with respect to this matter pending a determination by the Council of an overall policy for street improvements of these streets and similarly situated streets in the City of Livonia.. Councilman Ventura gave second reading to the following Ordinance. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. RE: PETITION 69-11-3-11 IN SECTION 9. A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. 11568 Councilman Bennett gave second reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 6 (MASTER PLAN ORDINANCE-PREVIOUSLY KNOWN AS BUILDING CONTROL) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. Councilman Ventura introduced the following Ordinance: AN ORDINANCE AMENDING SECTION 1 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. 69-9-1-38 FOR CHANGE OF ZONING IN SECTION 1 FROM C-1 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 Brown, seconded by Councilman Ventura, and unanimously adopted, it was #805-70 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 Monday, October 19, 1970 at 8:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following items : A. Petition No. 70-5-1-19 submitted by Foodmaker, Inc. (subsidiary of Ralston Purina Company) for a change of zoning of property located on the northwest corner of Five Mile Road and Levan Road in the Southwest 1/4 of Section 17, from C-1 to C-2 for restaurant purposes, the City Planning Commission having in its Resolution No. 7-72-70 recommended to the City Council that Petition No. 70-5-1-19 be denied. 11569 L B. Petition No. 70.6-1-24 submitted by the City Planning Commission on its motion for a change of zoning on property located on the southeast corner of Seven Mile Road and Newburgh Road in the Northwest 1/4 of Section 8, from C-2 & AG to P, the City Planning Commission having in its resolution No. 7-79-70 recommended to the City Council that Petition No. 70-6-1-24 be approved; C. Petition No. 70-5-1-20 submitted by the City Planning Commission, pursuant to request from the Department of Law, for a change of zoning on property located on the south side of Five Mile Road between Brookfield and Shadyside in Section 22, from C-2 to P. L., the City Planning Commission having in its Resolution No. 7-78-70 recommended to the City Council that Petition No. 70-5-1-20 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 location of the proposed changes cf zoning as set forth above first to be published in the official newspaper of the City or a newppaper of the City of 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 L 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 Ventura, seconded by Councilman McCann, it was #806-70 RESOLVED, that having considered the report and recommendation dated July 23, 1970 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to the Proprietor of the Financial Assurances previously deposited with respect to the General Improvement Bond and Sidewalk Bond deposited with the City in accordance with Council Resolu- tion No. 456-65 adopted on May 5, 1965, as thereafter subsequently amended including the action taken on September 29, 1965, in Council Resolution No. 931-65 which previously reduced such Financial Assurances to $980.00 to guarantee satisfactory installation of improvements in Baloh Subdivision, S. E. 1/4 of Section 32, City of Livonia, it appearing from the aforemen- tioned report of the City Engineer that all required improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. ift. ,L roll call vote was taken on the foregoing resolution with the following result. AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS : None. 11570 By Councilman Raymond, seconded by Councilman Brown, it was #807-70 RESOLVED, that having considered the report and recommendation dated July 21, 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 No. 945-69 adopted on September 3, 1969, so as to reduce the Financial Assurances now on deposit with the City for General Improvements in Mar-Git Subdivision No. 2, to $1,000.00 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 Assurances now on deposit with the City for Sidewalk Improvements shall remain the same and unchanged; further, that all cash payments heretofore made to the City ofr trees, engineering fees, ditch maintenance escrow and survey monument escrow shall remain the same and unchanged, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. roll call vote was taken on the foregoing resolution with the following result. AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Ventura, it was #808-70 RESOLVED, that having considered the report and recommendation of the Budget Director dated August 18, 1970, and approved by the Mayor, the Council does hereby accept the bid of Gulf Oil - U.S., 40550 Grand River, Novi, Michigan, for supplying the City of Livonia and the Livonia Public Schools with regular grade gasoline at the price of 11.830 per gslion and premium grade gasoline at the price of '13.830 per gallon for the period of September 1, 1970 to August 31, 1971, the Council accepting Proposal B for the reasons indicated. A roll call vote was taken on the foregoing resolution with the following result AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS : None. By Councilman Ventura, seconded by Councilman McCann, it was #809-70 RESOLVED, that having considered the report and recommendation of the Superintendent, Division of Operations, dated August 11, 1970, 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 the Conco Midwest, Inc. , 1115 N. Main Street, Racine, Wisconsin 53402, for supplying the City with the sealing of concrete pavement joints at .2350 per lineal foot and the joint sealing compound at a price of .1150 per pound, the same having been in fact the lowest bid received for these items, further, that in addition to the sum originally set up in the current approved Budget for this purpose in Account No. 469-782 (Road Maintenance Supplies Account) the additional sum of $5,000.00 is authorized to be expended for this purpose from moneys in the Road Maintenance Supplies Account. 11571 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Brown, it was #810-70 RESOLVED, that having considered a communication from the Depart- ment of Law dated July 9, 1970, transmitting for Council acceptance a Warranty Deed dated July 1, 1970 executed by Lloyd S. Gullen and Viola F. Gullen, his wife, conveying to the City of Livonia the following described property: The West 160.0 feet of the East 355.0 feet of the South 290.0 feet of the E. 1/2 of the W. 1/2 of the S. E. 1/4 of Section 4, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan. (Located at 34004 Seven Mile Road, Livonia, Michigan, and known as "Quaker Acres") the Council does hereby determine for and in behalf of the City of Livonia to accept the Warranty Deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds, further, the Council does hereby authorize the sum of $90.00 from the L General Fund of the City as payment for the extension of the title policy on the subject property. A roll call vote was taken on the foregoing resolution with the following result• AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Brown, it was #811-70 RESOLVED, that having considered a communication dated August 13. 1970 from the Department of Law, transmitting for Council acceptance a Warranty Deed dated August 11, 1970 executed by Helen M. Seesing, aka Helen M. Haverty, conveying Lot 49 of B. E. Taylor's Green Acres Subdivision, being a subdivision of part of the North 1/2 of Section 23, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, according to the plat thereof as recorded in Liber 69 of Plats, Page 75, Wayne County Records the Council does hereby determine for and in behalf of the City of Livonia L 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 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. L11572 A roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was #812-70 RESOLVED, that having considered a letter from the Michigan .biquor Control Commission, dated April 20, 1970, and the report and recommenda- tion dated May 20, 1970 from the Chief of the Livonia Division of Police, in connection therewith, the Council does hereby approve of the request from Amos Armen Zion for a new SDM License to be located at 32105 Plymouth Road, Livonia, Michigan 48150; 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: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #813-70 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated August 3, 1970, with regard to an application from Bernard A. Davidson for a new full-year tavern license to be located at 29215 Five Mile Road, Livonia, Michigan, the Council does hereby refer the same to the Committee of the Whole for its consideration along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result : AYES: Bennett, Brown, Raymond, Milligan, McCann and Nash. NAYS: *Ventura. The President declared the resolution adopted. *Councilman Ventura made the following statement. My 'no' vote is cast oec'ause I feel. that petitioners for Class "C" Licenses should be afforded the opportunity to appear before the Council to present their plans for same. By Councilman Milligan, seconded by Councilman Bennett, it was #814-70 RESOLVED, that having considered the report and recommendation dated August 3, 1970 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated July 21, 1970, the Council does hereby 11573 authorize Final Payment in the amount of $10,095.44 to Oak Park Excavating Company, 21410 Coolidge Highway, Oak Park, Michigan, which sum includes the full and complete balance due on a Contract dated June 17, 1969, in the amount of $97,950.00 in connection with the Industrial Road Water Main Installation in Sections 28 and 29, it appearing from the aforementioned report that all work done on the aforesaid contract has been completed in accordance with City standards and specifications and that the necessary contractor's affidavit, waivers of liens, and guarantees have been filed, BE IT FURTHER RESOLVED, that the Assessment Roll for this improvement be revised from $11.10 per front foot to $9.30 per front foot, said adjust- ment reflecting a reduction in the actual cost from that which was estimated in the original contract, and the City Clerk and City Treasurer and City Assessor are hereby authorized to do all things necessary or incidental to the full performance of this resolution. roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilmal McCann, it was #815-70 WHEREAS, pursuant to the direction of the City Council in its resolution No. 545-70, adopted on June 22, 1970, and in accordance with Section 2-509 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of August 7, 1970 an assessment roll dated August 7, 1970 covering asphalt pavement of alley adjacent to the commercial development on the south side of Plymouth Road between Merriman and Hubbard Roads in the City of Livonia containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution No.545-70; THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public exnmination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 2-511 of the Livonia Code of Ordinances, as amended, to wit: thbt the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road on Monday, October 19, 1970 at 8:00 p. m. to review the said special assess- ment roll at which time and place opportunity will be given to all interested persons to be heard; IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulat- ed generally in and throughout the said. City, at least ten (10) days prior to the aforesaid date of October 19, 1970; the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office. 11574 A roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None, By Councilman Milligan, seconded by Councilman Brown, it was #816-70 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 87 more particularly described in Council resolution No. 570-70 adopted on June 22, 1970, as required by the provisions of the City Charter and Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessment levied in the special assessment roll prepared by the Assistant City Assessor to cover the district in which street lighting is to be installed, such rolihavi.ng been prepared on the basis of street lighting being installed in Gold Manor Subdivision, Gold Manor #2 Subdivision, Gold Manor #3 Subdivision and part of Beatrice Gardens and Denmax Estates Subdivisions and Bureau of Taxation Parcel O8H2a, H2bla in Section 8, City of Livonia, Michigan, in said Special Assessment District No. 87; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine that said street lights shall be installed with ornamental metal poles and underground wiring and that the assessments set forth in said Special Assessment District No. 87 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No. 87 based on installation of ornamental metal poles and underground wiring is hereby approved and confirmed in all respects, pursuant to the provisions of Section 2-513 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirma- tion on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 2, Chapter 5 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to transmit the proper street lighting order to the Detroit Edison Company on forms provided by it for this purpose. roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS : None. By Councilman McCann, seconded by Councilman Bennett, and unanimously copted, it was #817-70 RESOLVED, that having considered a communication from the City Engineer, dated August 13, 1970, and approved by the Director of Public Works with respect to a revised schedule of assessments for street lighting to be installed on Dardanella Avenue, east of Middlebelt Road i1575 (Livonia Apartments) in the N. W. 1/4 of Section 12, City of Livonia, Michigan, the Council does hereby direct the City Assessor to prepare a revised schedule of assessments for said Special Assessment District in conformity with the aforesaid communication from the City Engineer. By Councilman Brown, seconded by Councilman Ventura, it was #818-70 RESOLVED, that having considered the report and recommendation of the Superintendent, Division of Operations, dated August 6, 1970, approved by the Director of Public Works and the Budget Director and approv- ed for submission by the Mayor, the Council does hereby accept the bid of W. E. Phillips Equipment Sales, Inc. , 22800 W. Eight Mile Road, Southfield, Michigan 48075 for supplying the City with one (1)used Layton H-500-B Pneumatic Tired Asphalt Maintenance Paver for the price of $2,622.50, the same having been in fact the lowest bid received for this item which meets the specifications of the City. lk roll call vote was take4on the foregoing resolution with the following result AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Bennett, seconded by Councilman Milligan, and unanimously ,doptee, it was #819-70 RESOLVED, that the Council does hereby determine to repeal Council Resolution No. 544-70, adopted on June 22, 1970, with respect to the improvement of Henry Ruff Road and the construction of a pedestrian skywalk at Hix and Ann Arbor Roads. By Councilman Bennett, seconded by Councilman Raymond, it was #820-70 RESOLVED, that having considered a communication from the Depart merit of Law, dated August 5, 1970, approved by the Mayor, to which is attached a communication dated July 30, 1970 from the Livonia Public Schools, the Council takes this means to advise the Livonia Public Schools that the City of Livonia is committed to improving Henry Ruff from Rayburn south to Five Mile Road at the sole cost and expense of the City of Livonia based upon the commitment that the Livonia Public Schools will construct a pedestrian skywalk bridge at Hix and Ann Arbor Roads; further, the Council does hereby request that the City Engineer assist and cooperatr! with the Livonia Public Schools in the preparation of specifications for such a bridge; further, the Council does hereby request the Engineering Division to do all things necessary for the purpose of preparing plans and specifications and thereafter obtaining bids for the improvement of Henry Ruff Road from Rayburn south to Five Mile Road. roll call vote was taken on the foregoing resolution with the following result. AYES : Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 11576 LBy Councilman McCann, seconded by Councilman Brown, and unanimously adopted, it was #821-70 RESOLVED, that having considered a communication from Walter Parr, 9172 Henry Ruff, Livonia, Michigan 48150, dated July 30, 1970, with respect to excessive speed by vehicles on Henry Ruff near Franklin High School, the Council does hereby refer this matter to the Office of the Mayor for a report and recommendation. By Councilman Ventura, seconded by Councilman Bennett, it was #822-70 RESOLVED, that having considered a communication from the Chair- man of the Water and Sewer Board of 'the City of Livonia dated July 27, 1970 which transmits its resolution #WS 1350 6/70, and approved for sub- mission by the Mayor with regard to sanitary sewer extension for Melvin Avenue south of Seven Mile Road, the estimated cost of which is $18,000.00, the Council does hereby concur in the said resolution and requests the Engineering Division do all things necessary to proceed with the said Sanitary Sewer Extension proposed in said Resolution. A roll cpil vote was taken on the foregoing resolution with the following result. LAYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Bennett, it was #823-70 RESOLVED, that having considered a communication from the Chair man of the Water and Sewer Board of the City of Livonia dated July 27, 1970, which transmits its resolution #WS 1347 6/70, and approved for submission by the Mayor with regard to a proposed sanitary sewer extension in thesouthwest 1/4 of Section 6 (Skover Properties, Inc. ), the cost of which shall not exceed $48,300.00, the Council does hereby concur in the said resolution and requests the Engineering Division do all things necessary to proceed with the said. Sanitary Sewer Extension proposed in said Resolution. roll call vote was taken on the foregoing resolution with the following result AYES* Bennett, Brown, Ventura. Raymond, Milligan, McCann and Nash. NAYS : None. L, The President declared the resolution adopted. By Councilman Bennett, seconded by Councilman McCann, it was 11577 { #824-70 WHEREAS Title VII of the Housing Act of 1961, as amended, provides for the making of grants by the Secretary of Housing and Urban Development to States and local public bodies to assist them in the acquisition and development of permanent interests in land for open-space uses where such assistance is needed for carrying out a unified or officially coordinated program for the provision and development of open-space land as part of the comprehensively planned development of the urban area; and WHEREAS the City of Livonia, Michigan (herein sometimes referred to as "Applicant") desires to acquire fee title to certain land known as ; SITE C: The E. 1/2 of the S. E. 1/4 of the S. W. 1/4 of the N. E. 1/4 of Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the W. 25 feet, the E. 25 feet and the S. 30 feet thereof. (Wayne County Bureau of Taxation Parcels #02C31, 32, 33, 34, 35, 36, 37 & 38) and The S. 1/2 of the S, E. 1,/4 of the N. E. 1/4 of the S. W. 1./4+ of the N. E. 1/4 of Section 2, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the W. 25 feet & the E. 25 feet thereof. (Wayne County Bureau of Taxation Parcels #02C 39 and 40) (Total parksite area 5.1 acres) SITE E: The W. 1/4 of the W. 1/2 of the S. W. _l./4 of Section 4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel #C4BB) and The North 10 acres of the W. 1/2 of the E. 3/4 of the W. 1/2 of. the S. W. 1/4 of Section 4, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel #04CC) and The South 10 acres of the North 20 acres of the W. 1/2 of the E. 3V4 of the W. 1/2 of the S. W. 1/4 of Section 4, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel #04DD) and The South 10 acres of the W. 1/2 of the F. 3/4 of the W. 1/2 of the S. W. 1/4 of Section 4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel #04EE) and 11578 The North 15 acres of the E. 3/8 of the W. 1/2 of the S. W. 1/4 of Section 4, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel #0471) and The E. 3/8 of the W. 1/2 of the S. W. 1/4 of Section 4, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the North 15 acres thereof. (Bureau of Taxation Parcel #FF2) and The E. 1/2 of the E. 1/2 of the S. E. 1/4 of Section 5, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, except the East 10.0 acres thereof. (Bureau of Taxation Parcel #05K1) and The East 10.0 acres of the E. 1/2 of the E. 1/2 of the S. E. 1/4 of Section 5, T. 1 S., R. 9 E., City of Livonia. Wayne County, Michigan. (Bureau of Taxation Parcel #05K2) (Total parksite area 120.2 acres) SITE W: The N. 5.0 acres of the E. 1/2 of the S. E. 1/4 of the S. E. 1/4 of Section 21, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, except the East 60 feet thereof. (Bureau of Taxation Parcel #21GG1) (Total parksite area 4.55 acres) SITE AA: That part of the S. E. 1/4 of Section 31 , T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. line of Section 31 distant S. 2° 12' E, 379.26 ft. from the E. 1/4 corner of Section 31 and proceeding thence S. 2° 12' E. along said line, 163.41 feet; thence west, 1336.6 feet; thence N. 0° 10' 29" W, 163.3 ft. , thence east, 1330.87 feet to the point of beginning, except the east 1.0 acre thereof. (Wayne County Bureau of Taxation Parcel #31JJ1) and That part of the S. E. 1/4 of Section 31, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant S. 2° 12' E, 705.38 feet and west, 1140.52 feet from the E. 1/4 corner of Section 31 and proceeding thence west 201.79 ft. ; thence S. 0° 101 29" E, 161.90 feet, thence east 201.79 feet; thence N. 0° 10' 29" W 161.90 feet to the point of beginning. (Wayne County Bureau of Taxation Parcel #31LL1a) 11!579 and That part of the S. E. 1/4 of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant S. 2° 12' E., 705.38 feet and west, 671.16 feet from the E. 1/4 corner of Section 31 and proceeding thence west, 469.36 feet; thence S. 0° 10' 29" E, 161.90 feet; thence East 469.36 feet; thence N, 0° 10' 29" W, 161.90 feet to the point of beginning. (Wayne County Bureau of Taxation Parcel #31LLlb) and That part of the S. E. 1/4 of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the E. 1/4 corner of Section 31 and proceeding thence N. 89° 41' W along the E. and W. 1/4 line, 1317.5 ft. ; thence S. 0° 10' 29" E, 222.25 ft. ; thence East, 1325.11 feet to the E. line of Sec. 31; thence N. 2° 12' W along said line, 215.15 feet to the point of beginning, except the E. 266' thereof. (Wayne County Bureau of Taxation Parcel #31HH) and That part of the S. E. 1/4 of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. line of Section 31 distant S. 2° 12' E, 215.15 feet from the E. 1/4 corner of Section 31 and proceeding thence S. 2° 12' E. along said line, 161+.11 feet; thence west, 1330,87 feet; thence N. 0° 10' 29" W, 164.0 feet; thence East, 1325.11 feet to the point of beginning, except the E. 266' thereof. (Wayne County Bureau. of Taxation Parcel #3111) and That part of the S. E. 1/4 of Section 31, T. 1 S. , R. 9 E., C?ty of Livonia, Wayne County, Michigan, described as beginning at a point on the E. line of Section 31 distant S. 2° 12' E, 542.67 feet from the E. 1/4 corner of Section 31 and proceeding thence S. 2° 12' E along said line, 162.71 feet; thence west, 1342.31 feet, thence N. 0° 10' 29" W. 162.6 feet; thence East, 1336.6 feet to the point of beginning except the west 471.60 feet thereof, & except the E. 266' thereof. (Wayne County Bureau of Taxation Parcel #31KK2) and 11580 The E. 1/2 of that part of the S. E. 1/4 of Section 31, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. line of Section 31 distant S. 2° 12' E, 705.38 feet from the E. 1/4 corner of Section 31 and proceeding thence S. 2° 12' E. along said line 162.01 feet; thence west, 1347.99 feet; thence N. 0° 10' 29" W, 161.9 feet; thence east, 1342.31 feet to the point of beginning, except the E. 266' thereof. (Wayne County Bureau of Taxation Parcel /t31LL2) and That part of the S. E. 1/4 of Section 31, T. ]_ S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. line of Section 31 distant S. 2° 12' E, 867.39 feet from the E. 1/4 corner of Section 31 and proceeding thence S 2° 12' E along said line 161.31 feet; thence west, 1353.65 feet, thence N. 0° 10' 29" W. 161.20 feet; thence east, 1347.99 feet to the point of beginning, except the E. 266' thereof. (Wayne County Bureau of Taxation Parcel #31MM ) (Total parksite area 25.3 acres) SITE BB: The W. 1/2 of the N. 3/8 of the N. E. 1/4 of Section 33 except that part thereof, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at the N. 1/4 corner of Section 33 and pro- ceeding thence due east along the N. line of said section, 1333.90 feet; thence S. 0° 47' E, 583.75 feet; thence S. 83° 07' 30" W, 819.18 feet; thence N. 1° 46' w. 217.30 feet; thence S. 88° 29' W, 514.85 feet to the N. and S. 1/4 line of Section 33; thence N. 0° 56' W. along said line, 478.0 feet to the point of beginning. (Wayne County Bureau of Taxation Parcel #33K) (Total parksite area 12.99 acres) SITE DD: That part of the N. W. 1/4 of Section 34, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant S. 0° 54' 16" W along the West section line, 786.02 feet and S. 88° 39' 44" E., 183.93 feet from the N. W. corner of Section 34; and proceeding thence S. 88° 39' 44" E, 680.00 feet to the W. line of Woodring Avenue (60 feet wide); thence S. 1° 18' 46" W. along the W. line of Woodring Avenue, 544.02 feet; thence N. 88° 39' 44" W. along the N. line of Rosedale Gardens No. 11 (Liber 74 Pg. 67) 800.08 feet; thence N. 0° 54' 16" E. along the E. line of Farmington Road 434.02 feet, thence S. 88° 39' 44" E, 123.15 feet; thence N. 1° 18' 46" E, 110.00 feet to the point of beginning. Containing 9.70 acres as determined from Wayne County Records. 11581 and That part of the N. W. 1/4 of Section 34, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the N. W. corner of Lot #1806, Rosedale Gardens No. 9 (Liber 73, Page 41) proceeding thence S. 88' 39' 44" E, 508.00 feet to the West line of Loveland Avenue (60 feet wide); thence S. 1° 18' 46" W. along the West line of Loveland Avenue, 880.00 feet to the S. E. corner of Lot #1662 of said plat; thence N. 88° 39' 44" W, 112.00 feet; thence N. 1° 18' 46" E., 15.00 feet; thence N. 88° 39' 44" W, 396.00 feet to the East line of Woodring Avenue (60 feet wide); thence N. 1° 18' 46" E. along the East line of Woodring Avenue, 865.00 feet to the point of beginning. Containing 10.13 acres as determined from Wayne County Records. SITE EE: The S. 240 feet of the W. 270 feet of the S. E. 1/4 of the N. E. 1/4 of Section 18, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan. and The N. 340 feet of the W. 270 feet of the N. E. 1/4 of the S. E. 1/4 of Section 18, T. 1 S. , R. 9 E., City of. Livonia, Wayne County, Michigan. (Part of Bureau of Taxation Parcel #18D2) (Total parksite area 3.6 acres) SITE FF: That part of the North 1/2 of the Southwest I74-77-Section 13, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as containing lots 228, 243, 244 and 245 of Supervisor's Livonia Plat No. 3, as recorded in Liber 66, Page 16, containing 3.857 acres as determined from Wayne County Records. which land. is to be held and used for permanent open-space land for public parks, recreational and open-space use; and WHEREAS Title VI of the Civil Rights Act of. 1964, andthe regul--,, tions of the Department of Housing and Urban Development effectuating that Title, provide that no person shall be discriminated against because of race, color, or national origin in the use of the ].and acquired and/or developed; and WHEREAS it is recognized that the contract for Federal grant will impose certain obligations and responsibilities upon the Applicant and will require among other things (1) assurances that families and individuals displaced as a result of the open-space land project are offered decent, safe, and sanitary housing, (2) compliance with Federal labor standards, and (3) compliance with Federal requirements relating to equal employment opportunity; and 11582 WHEREAS it is estimated that the cost of acquiring said interests will be $1,339,000.00; and WHEREAS it is estimated that the total amount of relocation pay- ments to be made to eligible site occupants displaced from property to be acquired will be $1200.00: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVONIA, MICHIGAN: 1. That an application be made to the Department of Housing and. Urban Development for a grant in an amount authorized by Title VII of the Housing Act of 1961, as amended, which amount is presently estimated to be $669,500.00, and that the Applicant will pay the balance of the cost from other funds available to it. 2. That the Mayor of the City of Livonia is hereby authorized and directed to execute and to file such application with the Department of Housing and Urban Development, to provide additional information and to furnish such documents as may be required by said Department, to execute such contracts as are required by said Department, and to act as the authorized correspondent of the Applicant. 3. That the proposed acquisition is in accordance with plans for the allocation of land for open-space uses, and that, should said grants be made, the Applicant will acquire, develop, and retain said land for the uses designated in said application and approved by the Department of Housing and Urban Development. 4. That the United. States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the Applicant with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. 5. That there exists in the locality an adequate amount of decent, safe, and sanitary housing which is available to persons displacea as a result of the open-space land project, at prices which are within their financial means, and which are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families, and it is the sense of this body that such displacees, if any, will be relocated in accordance with applicable regulations of the Department of Housing and Urban Development. 6. That the United States of America and the Secretary of Housing and Urban Development he, and they hereby are, assured of full compliance by the Applicant with the Federal labor standards imposed under Title VII of the Housing Act of 1961, as amended. rolj call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Raymond, Milligan, McCann and.Nash. NAYS: Ventura. ;he Fresident declared the resolution adopted. 11583 By Councilman Bennett, seconded by Councilman Brown, it was #825-70 RESOLVED, that having considered a communication from the Personnel Director dated July 16, 1970, approved by the Budget Director and approved for submission by the Mayor, which transmits a resolution adopted by the Ctvil Service Commission on June 23, 1970 wherein the Commission did recommend that the salary rates for the classifications of Planning Technician I and II to be effective commencing on and after December 1, 1969 be as follows : Proposed to be Effective to Reflect the December It 1969, Adjustment a. Planning Technician I: Annual $7,134.50 $7,404,80 Biweekly 274.40 284.80 Hourly 3.43 3.56 b, Planning Technician I.I: Annual $7,633.60 $7,966.40 Biweekly 293.60 306.40 Hourly 3.67 3.83 the Council does hereby concur and approve of such action; further, the Council does hereby transfer the sum of $564.00 from Account No. 998 to Account No. 805-702 and the sum of $59.00 from Account No. 998 to Account No. 805-714 so as to implement the purpose of this resolution. : roll call vote was taken on the foregoing resolution with the following result• AYES• Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Ventura, seconded by Councilman Brown, it was #826-70 RESOLVED, that having considered a communication from the Chief, Livonia Division of Police, and the Director, Department of Public Safety - Police, and approved by the Budget Director and the Mayor, dated July 30, 1970, with respect to Status of Budget Accounts -• Police, the Council does hereby concur in the recommendation set forth therein and does transfer $31,575.00 from Account No. 325-702 (Salaries & Wages), $8,021.00 from Account No. 325-714 (Pension $4,106.00 and Group Insurance $3)915.00), $1,597.00 from Account No. 325-717 (Holiday Pay), and appropriates $16,837.00 from Account No. 998 (Unallocated Appropriations) lbw to the following accounts in the following amounts : 11584 1 . Account Amount 301-767 - Traffic Contro' $ 1,300. 304-728 - Office Supplies 800. 304-742 - Maintenance Blankets & Medical 100. 304-756 - Miscellaneous - Administration 70. 304-759 - Photo Supplies 1,500. 309-751 - Gas and Oil 4,000. 325-768 - Uniforms - Patrol Bureau 1,100. 325-960 - Patrol Bureau Training 2,000. 304-709 - Overtime 30,000. 325-970 - Capital Outlay 17,160_ Total Amount $ 58,030. A roll call vote was taken on the foregoing resolution with the following result- AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. By Councilman Milligan, seconded by Councilman Bennett, It was #827-70 RESOLVED, that having considered a communication from the Allied Supermarkets, Inc., dated August 13, 1970, with respect to Merriman Road driveway approaches, the Council does hereby refer the same to the Department of Law for its recommendation and appropriate action. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None, Councilman Ventura gave first reading to the following Ordinance. AN ORDINANCE AMENDING ARTICLE 2, SECTION 5-408 OF CHAPTER 4 (WATER) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. Me foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the iffice of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Milligan, seconded by Councilman Brown, and unanimously adopted, it was 11585 #828-70 RESOLVED, that having considered a communication from the Office of the Mayor, dated August 13, 1970, with respect to the intersection of Five Mile and Farmington Roads, and pursuant to Council resolution No. 412-70, the Council does hereby refer the same to the Office of the Mayor for his report and recommendation. By Councilman Milligan, seconded by Councilman Brown, and unanimously adopted, it was #829-70 RESOLVED, that having considered the report and recommendation of the Mayor with regard to the public service project of the Livonia Rotary Club wherein the Rotary Club would help to develop the southerly portion of Parksite J in Section 10 for recreational purposes in accordance with the preliminary plans and designs for this park prepared by the City Planning Department and the Parks and Recreation Commission, the Council does hereby refer this matter back to the Mayor for further consideration, and thereafter, a subsequent report and recommendation. By Councilman Ventura, seconded by Councilman Milligan, it was #830-70 WHEREAS, having considered a communication dated August 14, 1970, from the Director of Public Works and the Assistant City Engineer and approved for submission by the Mayor with respect to the award of contracts for solid wastes collection and disposal and, further, having also considered the report and recommendation of the Solid Waste Committee, and; WHEREAS, the City of Livonia, desiring to enter into a contract for the collection and disposal of municipal solid wastes of the City of Livonia, did advertise according to law and pursuant to the authorization set forth in Council resolution No. 211-70, and did receive various proposals from one bidder only for the collection and disposal of municipal solid wastes in accordance with the terms set forth in Proposals A, B and C made available to all bidders, and, WHEREAS, the Council of the City of Livonia has determined that the acceptance of Proposal C, submitted by Commercial Removal, Inc. , 21+30 W. Eight Mile Road, Southfield, Michigan 48075, a Michigan corpora- tion, which is the lowest and only bid received for such services, would be in the best interests of the City of Livonia; NOW, THEREFORE, BE IT RESOLVED, that the Council does hereby accept the bid of Commercial Removal, Inc., dated July 18, 1970, to collect solid wastes generated within the City of Livonia and to dispose of all of said solid wastes outside of the City limits of the City of Livonia for a three-year period commencing October 1, 1970 and ending September 30, 1973, in accordance with the terms, conditions and specifications of Proposal C referred to in the said legal advertisement and contract documents, at the submitted bid price of $2.34 per month per unit, provid- ed, however, that in the event the contractor is unable to dispose of the City's solid wastes outside the City of Livonia commencing October 1, 1970, 11586 then, and in that event, the Council does hereby authorize the contractor to collect the City's solid wastes at the unit price of $1.59 per month per unit as provided for in Proposal A and dispose of said solid wastes at the City of Livonia Refuse Disposal Site and continue to operate the City's Refuse Disposal Site under the exising contract rate of .200 per month per unit; provided further, however, that in no event shall the contractor be allowed to dispose of any of said solid wastes at the City's Refuse Disposal Site after December 31, 1970; and provided further that, the base figure for collection units set forth in the bid specifications, Section 6, Article B, shall be the same as that which prevails at the time of the expiration of the present contract,(i.e. September 30, 1970) any- thing in the bid specifications of a new contract to the contrary notwith- standing; and that the successful bidder named above shall execute with the City the proposed Contract C within ten (10) days from the date of this resolution and shall deposit with the City upon or prior to the execution of the proposed contract for Proposal C, duplicate policies or certificates of insurance, the performance bond and cash bond as requirea by the aforementioned contract documents; and the Mayor and City Clerk are hereby authorized to affix their signatures to the proposed contract for Proposal C for and on behalf of the City of Livonia and to do all things necessary or incidental to the full performance of this resolution. A. roll call vote was taken on the foregoing resolution with the following result: AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. The following resolution was unanimously offered, supported. and adopted #831-70 RESOLVED, that having considered a request from the Superintend- ent, Department of Parks and Recreation, approved for submission by the Mayor, dated August 6, 1970, with respect to a fireworks display to be held at the Detroit Race Course on September 13, 1970, in conjunction with the activities commemorating Livonia's 20th Anniversary, the Council does hereby grant permission to the aforesaid Department and the Detroit Race Course to transport and fire Aerial Fireworks on the night of September 13, 1970, at the Detroit Race Course, provided however, that this display shall be subject to observation by the Livonia Fire Department and in such area of the Detroit Race Course as shall be approved by them; further, that the permission herein granted is conditioned upon full compliance and adherence to the provisions set forth in Act 358 of P.A. of 1968; further, that an endorsement in the form of a certificate of insurance shall be added to the City of Livonia's General Liability Insurance Policy (Citizens Mutual Insurance Company - Policy No. BO 26408) for the night of September 13, 1970 only, increasing the limits for bodily injury and property damage liability to the amount of $1,000,000.00 and adding as named insureds Wolverine Harness Raceway, Inc. , and Detroit Racing Associ- L ation, Inc; and further, the Council does hereby appropriate and authorize an expenditure of a sum not to exceed $1,482.00 from the Unallocated Appropriations Account in order to cover the cost of the premium for this endorsement, a duplicate copy of the original of such endorsement shall be approved as to form by the City Attorney and filed with the City Clerk; and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. 11587 By Councilman Ventura, seconded by Councilman Brown, and unanimously adopted, it was #832-70 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. The following resolution was unanimously introduced, supported and adopted: #833-70 RESOLVED, that having considered a communication from Mr. Thomas D. Heap, 14373 Blackburn Avenue, Livonia, Michigan 48154, dated August 18, 1970, the Council does hereby grant permission to the residents of Kimberly Oaks Estates Subdivision No. 4 to hold a Street Dance on Allen Avenue between Cranston and Blackburn Avenues on September 18, 1970 between the hours of 8:00 P. M. and 1:00 A.M. subject to the approval of the Director of Public Safety-Police. The following resolution was unanimously introduced, supported and adopted: #834-70 RESOLVED, that having considered a communication from the Livonia Jaycees, dated August 19, 1970, the Council does hereby grant permission to the Livonia Jaycees to use the City-owned vacated building on the south side of Five Mile Road and Shadyside, west of City Hall, for their "Haunted House" project for the period from October 18, 1970 to October 31, 1970; provided, however, that the Livonia Jaycees shall provide to the City Clerk of the City of Livonia, prior to October 18, 1970, a certificate of insurance indemnifying the City for bodily injury and property damage liability in the sum of $100/200,000.00 for personal injury and $10/25,000.00 for property damage which certificate shall indicate the City of Livonia as a named insured for a period commencing October 18, 1970 and ending October 31, 1970. By Councilman McCann, seconded by Councilman Bennett, it was #835-70 RESOLVED, that having considered a communication from the City Engineer, dated June 5, 1970, the report and recommendation of the Finance and Insurance Committee and a communication from Fischer, Sprague, Franklin & Ford, Attorneys for the Detroit Edison Company, dated March 24, 1970, and pursuant to Council resolution No. 142-70 with regard to the removal and relocation of an overhead power line at the site of Fire Station No. 6 on the north side of Plymouth Road, west of Newburgh Road, and the installation having been completed, the Council does hereby authorize Final Payment in the amount of $1,000.00 to the Detroit Edison Company, which sum includes the full and complete balance due for the snid removal and relocation; further, provided that payment for said removal and relocation be paid from the 1.6 Million Dollar Fire Station Bond Issue for this purpose, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of 'this resolution. roll call vote was taken on the foregoing resolution with the following result. AYES: Bennett, Brown, Ventura, Raymond, Milligan, McCann and Nash. NAYS: None. 11588 By Councilman Brown, seconded by Councilman Milligan, and unanimously adopted, it was #836-70 RESOLVED, that having considered the report and recommendation dated May 5, 1970, from the City Planning Commission which sets forth its resolution No. 4-36-70 in regard to Petition No. 70-3-6-3 submitted by the Planning Commission on its own motion to determine whether to amend the Zoning Ordinance of the City of Livonia, as amended, by amending Section 18.50E thereto, to clarify and control the area andheight of sandwich signs, and the Council having conducted a public hearing with regard to this matter on August 26, 1970, pursuant to Council resolution No. 611-70, the Council does hereby refer this matter to the Legislative Committee for its report and recommendation. The following resolution was unanimously introduced, supported and adopted: #837-70 RESOLVED, that the Council does hereby determine that the Whispering Willows Golf Course shall be closed to the public on Saturday, October 10, 1970, for the purpose of conducting a Municipal Employees Golf Outing and for this purpose employees of the City of Livonia shall not be required to pay greens fees on that dated, and the Superintendent of Parks and Recreation is hereby requested to do all things necessary to implement the purpose of this resolution. By Councilman Raymond, seconded by Councilman Ventura, it was #838-70 RESOLVED, that having considered a communication from Mr. Kenneth J. Morris, Attorney, dated June 24, 1970 and submitted in behalf of his clients, United Home, 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 372 through 377, Seven Mile Super Highway Subdivision in Section 9 would not be contrary to the spirit and purpose of the aforesaid Ordinance and does, accordingly, approve of dividing the same into four (4) parcels, the legal descriptions of which shall read as follows • Parcel 1 Lot 377 and the N. 21 feet of Lot 376, Seven Mile Super Highway Subdivision, City of Livonia, Wayne County, Michigan. Parcel 2 South 29 feet of Lot 376 and the N. 42 feet of Lot 375, Seven Mile Super Highway Subdivision, City of Livonia, Wayne County, Michigan. Parcel 3 South 8 feet of Lot 375, all of Lot 374 and North 18 feet of Lot 373, Seven Mile Super Highway Subdivision, City of Livonia, Wayne County, Michigan. 11589 Parcel 4 South 27 feet of Lot 373 and all of Lot 372, Seven Mile Super Highway Subdivision, City of Livonia, Wayne County, Michigan. 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: Bennett, Brown, Ventura, Milligan, McCann, Raymond and Nash. NAYS: None. By Councilman Brown, seconded by Councilman Ventura, and unanimously adopted, it was #839-70 RESOLVED, that the Council does hereby determine that greens fees shall not be charged at the Whispering Willows Golf Course on October 3, 1970 to those high school students who will take part in the Golf Day Meet sponsored by the Livonia Jaycees on that date; and the Superintendent of Parks and Recreation is hereby requested to do all things necessary to implement the purpose of this resolution. By Councilman McCann, seconded by Councilman Brown, it was #840-70 RESOLVED, that the Council does hereby determine to reconsider the action taken in Council Resolution No. 762-70, adopted on August 17, 1970, which denied the request of Sidney Spitz for a change of zoning on property located on the northwest corner of Stark Road and Plymouth Road in Section 18 from C-1 to C-2. A roll call vote was taken on the foregoing resolution with the following result AYES: Bennett, Brown, Ventura, Milligan, McCann and Nash. NAYS: Raymond The President declared the resolution adopted. By Councilman McCann, seconded. by Councilman Milligan, it was #841-70 RESOLVED, that having considered the report and recommendation, dated May 5, 1970, from the City Planning Commission which sets forth its resolution No. 4-38-70 in regard to Petition No. 67-4-1-.10 submitted by Sidney Spitz for a change of zoning on property located on the northwest corner of Stark Road and Plymouth Road in Section 18 from C-1 to C-2, 11590 and the Council having conducted a public hearing with regard to this matter on August 5, 1970, pursuant to Council resolution No. 514-70, the Council does hereby reject the recommendation of the Planning Commission and the said Petition No. 67-4-1-10 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: Bennett, Ventura, Milligan, McCann and Nash, NAYS: Brown and Raymond. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, this 692nd regular meeting of the Council of the City of Livor.ia was duly adjourned at 9:35 P. M., August 31, 1970. 6-.4L..4cA,_81,- 410! /► ADDISON W. BAC0 erk.