Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1969-07-23 10661 LMINUTES OF THE SIX HUNDRED FIFTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On July 23, 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 8:10 P. M.. Councilman Kleinert delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Rudolf R. Kleinert, Peter A. Ventura, Jerry Raymond, Robert E. McCann and Edward G. Milligan. Absent--Robert F. Nash (Excused). Elected and appointed officials present: Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney, James R. McCann, District Judge; James E. Mies, District Judge; Carl J. Wagenschutz, City Treasurer; David L. Jones, Water & Sewer Commissioner; William J. Strasser, City Engineer, Donald Nicholson, Director of Public Safety; Calvin Roberts, Fire Chief; John T. Dufour, Superintendent of Parks and Recreation; Ed Siemert, Assistant City Engineer; Don Hull, City Planner; Dan Andrew, Industrial Coordinator; Henry Sieferd, City Assessor; James Miller, Person- nel Director; Victor C. Phillips, Budget Director, Thomas J. Griffiths, Jr., Chief Accountant; Robert Bennett, Zoning Board of Appeals; Raymond Tent, Planning Commis- sion; and Harry Wrightman, Planning Commission. By Councilman McCann, seconded by Councilman Kleinert, and unanimously adopted, it was #777-69 RESOLVED, that the minutes of the 655th regular meeting of the Council of the City of Livonia, held July 9, 1969, are hereby approved. The President of the Council acknowledged receipt of a communication from the Mayor, dated July 23, 1969, which vetoed the following Council Resolutions, all of L which were adopted on July 9, 1969: 1. CR-757-69 This proposed charter amendment would purport to authorize the establishment of the Board of Trustees in the City's Retirement System; and would place this matter before the voters at a Special Election to be held on Monday, September 29, 1969; 10662 2. CR-768-69 This proposed charter amendment would purport to provide a line item veto for the Mayor with respect to the budget; and would place this matter before the voters at a Special Election to be held on Monday, September 29, 1969; 3. CR-769-69 This proposed charter amendment would provide the Mayor with a minimum period of seven days to veto action taken by the City Council as well as provide a minimum period of seven days for the Council to take action with respect to vetoes; and would place this matter before the voters at a Special Election to be held on Monday, September 29, 1969; 4. CR-770-69 This proposed charter amendment would purport to remove the City Assessor from the Board of Review; and would place this matter before the voters at a Special Election to be held on Monday, September 29, 1969; 5. CR-771-69 This proposed charter amendment would purport to provide that the compensation of the Mayor would be equal to the sum paid per annum that is established in the Compensation Plan for the highest paid Civil Service employee 65 days preceding each primary election. By Councilman Ventura, seconded by Councilman Raymond, it was #778-69 RESOLVED that, having considered the veto by the Mayor, dated July 23, 1969 of resolution #757-69 adopted by the Council on July 9, 1969, the Council does hereby readopt said resolution #757-69 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: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. The President declared the resolution adopted, and the Mayor's veto overruled. By Councilman Ventura, seconded by Councilman Milligan, it was #779-69 RESOLVED that, having considered the veto by the Mayor, dated July 23, 1969 of resolution #768-69 adopted by the Council on July 9, 1969, the Council does hereby readopt said resolution #768-69 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: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. The President declared the resolution adopted, and the Mayor's veto overruled. 10663 By Councilman Milligan, seconded by Councilman Raymond, it was #780-69 RESOLVED that, having considered the veto by the Mayor, dated July 23, 1969 of resolution #769-69 adopted by the Council on July 9, 1969 the Council does hereby readopt said resolution #769-69 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: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. The President declared the resolution adopted, and the Mayor's veto overrruled. By Councilman Ventura, seconded by Councilman McCann, it was #781-69 RESOLVED that, having considered the veto by the Mayor, dated July 23, 1969 of resolution #770-69 adopted by the Council on July 9, 1969 the Council does hereby readopt said resolution #770-69 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: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS : None. The President declared the resolution adopted, and the Mayor's veto overruled. By Councilman Milligan, seconded by Councilman McCann, it was #782-69 RESOLVED that, having considered the veto by the Mayor, dated July 23, 1969 of resolution #771-69 adopted by the Council on July 9, 1969, the Council does hereby readopt said resolution #771-69 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: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. The President declared the resolution adopted, and the Mayor's veto overruled. The following preamble and resolution were offered by Councilman Raymond and supported by Councilman Ventura: #783-69 WHEREAS, the City Council deems it necessary for the public health and welfare of the City to erect, furnish and equip a District Court Building for the City of Livonia and acquire a site therefor; 10664 AND WHEREAS, the total cost of said building and site, together with legal fees and financing costs, has been estimated to be in a sum not to exceed Eight Hundred Eighty Five Thousand ($885,000.00) Dollars, AND WHEREAS, it will be necessary to borrow the sum of not to exceed Eight Hundred Eighty Five Thousand ($885,000.00) Dollars to pay the cost thereof, NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council deems it necessary to borrow the sum of not to exceed Eight Hundred Eighty Five Thousand ($885,000.00) Dollars and issue general obligation bonds of the City therefor, for the purpose of defraying the cost of erecting, furnishing and equipping a District Court Building for the City of Livonia and acquiring a site therefor. 2. The City Council determines the period of usefulness of said improvements to be not less than forty (40) years. 3. At a Special Election to be held in the City of Livonia on September 29, 1969, between the hours of 7.00 o'clock a.m. and 8.00 o'clock p.m., Eastern Standard Time, there be submitted to vote of the qualified electors of said city the said proposition of borrowing the said sum. 4. The proposition to be submitted at said election shall be stated on the voting machines and ballots in substantially the following form. District Court Building Bonding Proposition Shall the City of Livonia, County of Wayne, Michigan, borrow the sum of not to exceed Eight Hundred Eighty Five Thousand ($885,000.00) Dollars and issue its general obligation bonds therefor, for the purpose of paying the cost of erecting, furnishing and equipping a District Court Building for the City of Livonia and acquiring a site therefor? 5. The City Clerk will receive registration of elec- tors qualified to vote at said election, who are not already properly registered, until August 29, 1969, on which said day the City Clerk will be in his office from 8 00 o'clock a.m. until 8:00 o'clock p.m., Eastern Standard Time, to receive registration of electors qualified to vote at said election. 6. The City Clerk shall cause Notice of Registration for said election to be published and posted in manner required by law. 7. The City Clerk shall cause notice of said election to be published and posted in manner required by law. 10665 8. There shall be included in the notice of said elec- tion notice of the submission of said special proposition, in substantial- ly the following form NOTICE OF SPECIAL ELECTION TO THE QUALIFIED ELECTORS OF SAID CITY OF LIVONIA: PLEASE TAKE NOTICE that at a Special Election to be held in the City of Livonia, County of Wayne, Michigan, on Monday, the 29th day of September, 1969, from 7:00 o'clock a.m. until 8:00 o'clock p. m., Eastern Standard Time,there will be submitted to vote of the qualified electors of said city, the following special proposition: District Court Building Boniing Proposition Shall the City of Livonia, County of Wayne, Michigan, borrow the sum of not to exceed Eight Hundred Eighty Five Thousand ($885,000.00) Dollars and issue its general obligation bonds therefor, for the purpose of paying the cost of erecting, furnishing and equipping a District Court Building for the City of Livonia and acquiring a site therefor? The place of voting will be the regular place of voting in each election precinct. All qualified electors will be permitted to vote on the above bonding proposition. Each elector must be a registered elector of the City of Livonia. This Notice is given by authority of the City Council of the City of Livonia, County of Wayne, Michigan. City Clerk 9. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was 10666 #784-69 WHEREAS, there is a serious need for construction of storm water facilities in the N. E. 1/4 of Section 25 under the provisions of Chapter 20 of the Drain Code for which a drainage study is underway and for which a plan and cost estimate will be presented to the City Council in the immediate future, and WHEREAS, such proceedings may take up to two years to consum- mate, which time element makes it mandatory that an acceptable temporary alternate be found; and WHEREAS, there are drainage facilities existing within the Inkster Road right-of-way; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Livonia hereby requests a permit of the Board of Wayne County Road Commission to make a connection to -the Inkster Road storm sewer on a temporary basis until the ultimate storm water facilities are constructed under the provisions of Chapter 20 of the Drain Code; and BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby authorized to do all things necessary to carry out the intent and purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result. LAYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. The General Fund Financial Statement for the period ending June 30, 1969, as transmitted by the City Clerk under date of July 16, 1969, was received and filed for the information of the Council. Councilman Ventura took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 36 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO RE: PET. 68-12-1-44 FOR CHANGE OF ZONING FROM RUF toC-1, INTRODUCED BY COUNCILMAN VENTURA ON JULY 9, 1969. L A roll call vote was taken on the foregoing Ordinance with the following result. AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. The President declared the foregoing Ordinance duly adopted and would become effective on publication. 10667 By Councilman McCann, seconded by Councilman Kleinert, it was RESOLVED, that having considered a communication from the Parks and Recreation Commission dated June 4, 1969, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby authorize the expenditure of a sum not to exceed $12,900.00 from the $4,400,000.00 General Obligation Park and Recreational Facilities Bond Issue for the purpose of paving the parking lot at the Whispering Willows Municipal Golf Course in the manner indicated in the aforesaid communication, such work to be done in conjunction with the paving of Newburgh Road; and the City Clerk and the City Treasurer are hereby requested to do all things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert and McCann. NAYS: Ventura, Raymond, Milligan and McNamara. The President declared the resolution denied. By Councilman Milligan, seconded by Councilman Ventura, it was #785-69 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated June 4, 1969, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby determine to reject the recommendation set forth in the aforesaid communication and deny the said request for paving golf course parking lot. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, Milligan and McNamara. NAYS: Kleinert and McCann. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that having considered the report and recommendation from the Chief of the Fire Division, the Director of Public Safety and the Budget Director, dated June 24, 1969, approved for submission by the Mayor, with respect to bids for the purchase of five (5) Fire Engine Pumpers, the Council does hereby determine to table this matter. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Milligan and McNamara. NAYS: Kleinert, Raymond and McCann. The President declared the resolution denied. 10668 By Councilman Raymond, seconded by Councilman Milligan, it was #786-69 RESOLVED, that having considered the report and recommendation from the Chief of the Fire Division, the Director of Public Safety and the Budget Director, dated June 24, 1969, approved for submission by the Mayor, with respect to bids for the purchase of five (5) Fire Engine Pumpers, the Council does hereby refer this matter to the Committee of the Whole. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Milligan and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Raymond, it was #787-69 RESOLVED, that having considered a communication from the Water & Sewer Board dated June 16, 1969 approved for submission by the Mayor which transmits its resolution #WS 1227-6/69 with respect to the estab- lishment of a policy relative to furnishing water to City-owned lands on islands, boulevards and cul-de-sacs, the Council does hereby determine to concur in such policy, as previously established in CR-28-68 except to the extent that the same is herein revised, and which policy is hereby determined to be as follows : 1. Where sprinklers are installed, vacuum breakers shall be required and installed in both connections. 2. The Civic Association in the area shall assume full responsibility for the cost, care, repair and maintenance of the water extension. agree to 3. The Civic Association in the area shall be required to/an assignment of the key to a responsible person for turn-on and turn-off of the water. 4. That all water taps installed in street islands and cul-de- sacs under the existing policy shall be prepaid by the Civic Association. Such fee to be based on actual cost of installa- tion and the Civic Association will be required to place on deposit with the Water Department the estimated cost before the installation is made. Any difference in cost will be refunded to or collected from the Civic Association. 5. That each individual island and/or cul-de-sac for which the Civic Association has agreed to pay for the tap - the water usage charge shall be the minimum quarterly bill. 6. The Civic Association in the area shall assume the responsi- bility of all appurtenances attached to water service connections (sprinkling systems, vacuum breakers, etc.). 10669 7. All service connection costs shall include water meter boxes, water meters and vacuum breakers where required. 8. That the Civic Association in the area shall be required to notify the Water Department whenever the responsible person representing the Civic Association is replaced or changed. 9. That water service connections shall be approved by the City Council on an individual basis, and that the charge for this service shall be made to theGeneral Fund, the same to be computed on a cost basis. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Milligan, and unanimously adopted, it was #788-69 RESOLVED, that the Council does hereby determine to rescind CR-427-69 adopted on April 23, 1969 as the same purported to establish a minimum duration of five years with respect to Irrevocable Letters of Credit. By Councilman Kleinert, seconded by Councilman McCann, it was #789-69 WHEREAS, property described as: That part of Section 10, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as the W. 16 acres of the E. 26 acres of the N. W. 1/4 of Section 10, except the N. 530.73 feet thereof. (12.73 acres) is included in the Master Plan for Parks for the City of Livonia; and 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 the two competent independent appraisals that the fair market value of this real property is $44,500.00, 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 $44,500.00; and 2. the City Council does hereby authorize the expenditure of the sum of $676.33 for the proration of the 1968 City, County and School taxes applicable to this property, prorated as of June 12, 1969; and 10670 3. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and 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: Kleinert, Raymond, McCann, Milligan and McNamara. NAYS: Ventura. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman McCann, it was #790-69 WHEREAS, property described as: That part of the W. 1/2 of Section 12, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the center 1/4 corner of Section 12 and pro- ceeding thence S. 0° 09' 15" E. along the N. and S. 1/4 section line 331 feet; thence N. 89° 58' 01" W. 1234.94 feet to the N. W. corner to a point; thence N. 0° 17' 50" W. 516 feet to the S. line of Thomas F. O'Connor's Middlebelt Subdivision, as recorded in Liber 68 of Plats Page 96, Wayne County Records, thence S. 89° 51' 20" E. along the S. line of said subdivision 1235.28 feet to the N. and S 1/4 line of Section 12; thence S. 0° 15' 30" E. along said N. and S. 1/4 section line 182.81 feet, to the point of beginning. (14.63 acres) (part of Taxation Parcel 12E2a) is included in the Master Plan for Parks for the City of Livonia; and 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 $44,850.00, 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 $44,850.00, and 10671 2. the City Council does hereby authorize the expenditure of the sum of $627.11 for the proration of the 1968 City, County and School taxes applicable to this property, prorated as of June 9, 1969. 3. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and 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: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #791-69 WHEREAS, property described as: That part of the S.E. 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at the S. quarter corner of Section 3 and pro- ceeding thence N. 0° 35' 46" W. along the N. and S. quarter section line 848.28 feet, thence S. 89° 36' 50" E. 160.47 feet; thence along the boundary of the Spring Valley Subdivi- sion S. 0°34'40" E. 50.0 feet; thence S. 30°00'00" E. 235.00 feet; thence S. 53°00'00" E. 230.00 feet; thence S. 85°06' 16" E. 225.25 feet; thence S. 89° 56' 29" E. 0.59 feet to a point; thence S. 0° 17' E. 435.60 feet to the center line of Seven Mile Road (66 ft. in width); thence W. along said center line 679.60 feet to the point of beginning. (8.78 acres - net .52 acres - road area) (part of Taxation Parcel 03B2a, Tlbl, T2a, Ui, V2a) is included in the Master Plan for Parks for the City of Livonia; and 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 $14,000.00, 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 $14,000.00; and 10672 2. the City Council does hereby authorize the expenditure of the sum of $271.64 for the proration of the 1968 City, County and School taxes applicable to this property, prorated as of June 5, 1969; 3. the City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and 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: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #792-69 WHEREAS, property described as: That part of the S. E. 1/4 of Section 14, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as the N. 1301.07 feet of the E. 15 acres of the W. 1/2 of the S. E. 1/4 of Section 14, except the N. 43 feet thereof. (Taxation Parcel 14U1a, Yl) is included in the Master Plan for Parks for the City of Livonia, and 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 $28,300.00, 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 $28,300.00; and 2. the City Council does hereby authorize the advance of the aforesaid sum from the $4,400,000.00 Parks and Recreational General Obligation Bond Issue with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue; and 10673 L 3. 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: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS : None. The communication from the Mayor, dated July 3, 1969, with respect to the paving of the West side of Merriman Road at the entrance to the Merriman Park Apartments, was received and filed for the information of the Council. By Councilman Milligan, seconded by Counci]man Raymond, it was RESOLVED, that having considered a communication from the Occidental Investment Co. by Mr. E. C. Schubiner dated June 17, 1969 with regard to the action taken in CR-486-69, the Council does hereby determine to rescind CR-486-69. A roll call vote was taken on the foregoing resolution with the following result• LAYES: Ventura, Raymond and Milligan. NAYS: Kleinert, McCann and McNamara. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication from the Occidental Investment Co. by Mr. E. C. Schubiner dated June 17, 1969 with regard to the action taken in CR-486-69, the Council does hereby refer the same to the Department of Law for its opinion with respect to the legal ramifications involved in this matter. By Councilman Raymond, seconded by Councilman Milligan, it was #793-69 RESOLVED, that having considered a communication from the Occidental Investment Co. by Mr. E. C. Schubiner dated June 17, 1969 with regard to the action taken in CRj 86-69, the Council does hereby determine to refer this matter to the Committee of the Whole. A roll call vote was taken on the foregoing resolution with the following result: L AYES: Kleinert, Ventura, Raymond, Milligan and McNamara. NAYS: McCann. The President declared the resolution adopted. 10674 By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #794-69 RESOLVED, that having considered a communication from the City Planning Commission dated June 24, 1969 which transmits a report "Middlebelt/Schoolcraft Development", the Council does hereby refer the same to the Committee of the Whole for its consideration. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #795-69 RESOLVED, that having considered a communication from the City Planning Commission dated June 24, 1969 with regard to certain Council requests that the Commission conduct public hearings on their own motion to intensify the use of land within the City (CR-626-69 and 615-69), the Council does hereby refer the same to the Committee of the Whole for its consideration. By Councilman Milligan, seconded by Councilman Raymond, it was #796-69 RESOLVED, that having considered a communication from the Officer in Charge of the Traffic Bureau, Director of Public Safety and the City Attorney dated June 20, 1969, approved for submission by the Mayor with respect to an application for a traffic study under the provisions of the National Highway Safety Act, the Council does hereby refer the same to the Traffic Commission for its report and recommendation in this regard. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Milligan, it was #797-69 RESOLVED, that having considered a communication from the Industrial Development Commission dated June 17, 1969, approved for sub- mission by the Mayor, the Council does hereby determine to transfer the sum of $951.00 from Account No. 170-23 (Publishing) to the following accounts in the following amounts : Account No. 170-29 (Travel and Education) $151.00 Account No. 170-33 (Public Relations) $800.00 further, the Council does hereby determine to charge Account No. 170-12 (Dues and Subscriptions) with the cost of the Chamber of Commerce mem- bership in the amount of $50.00 and credit Account No. 170-33 (Public Relations) with a like amount for the reasons indicated in the aforesaid communication. 10675 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Kleinert, it was #798-69 RESOLVED, that having considered a communication from the Department of Law dated June 13, 1969 with respect to the previously authorized condemnation proceedings relating to the improvement of Lyndon Avenue from Fairway Drive to a point approximately 300 feet west of Fairway Drive, the Council does hereby determine to rescind council resolutions #845-68 and #846-68 adopted on July 31, 1968. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, it was #799-69 RESOLVED, that having considered a communication from the Department of Law dated June 13, 1969 transmitting for acceptance a Grant of Easement dated May 26, 1969 from Jako Land Company and Gil Investment Co., Inc., executed by its presidents, Jack Coleman and Bernard Glieberman, conveying: The North 43 feet of the following described parcel: The West 165 feet of the North 1/2 of the East 1/2 of the Southeast 1/4 of Section 20, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 2CMlb1) (Lyndon Avenue right-of-way) the Council does hereby for and in behalf of the City of Livonia accept the aforesaid document and the City Clerk is herein requested to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Kleinert, it was #800-69 RESOLVED, THAT HAVING CONSIDERED A COMMUNICATION from the City Engineer dated June 30, 1969, approved by the Director of Public Works and approved for submission by the Mayor regarding the proposed dedication of right-of-way across Parcel 20J1 located in the southeast 1/4 of Section 20 for the Lyndon Avenue widening west of Fairway Drive, the Council does hereby determine that the City of Livonia shall relinquish and dedicate for Lyndon Avenue right-of-way the following described property: 10676 That part of the S.E. 1/4 of Section 20, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan described as beginning at a point on the E. & W. i/4 line of said Section 20 distant N. 89° 51' 16" E, 1321.75 feet from the center post of said Section 20 and proceeding thence S. 0° 03' 51" E, 30 feet; thence 129.34 feet along an arc of a curve to the right with a central angle of 27°5'58", a radius of 273.46 feet and a chord bearing of N. 76° 35' 48" W; thence N. 89° 51' 16" E, 124.53 feet to the point of beginning. (Dedicated for Lyndon Avenue right-of-way) and the Wayne County Bureau of Taxation is requested to record such right-of-way dedication on all maps issued by the Bureau of Taxation; further, the City Clerk is hereby requested to forward a certified copy of said action with the Wayne County Register of Deeds Office and 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: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #801-69 RESOLVED, that having considered a communication from Mr. C. Robert Wartell of Bonk, Pollick & Wartell, Southfield, Michigan, dated June 18, 1969, submitted in behalf of Lowell Construction Co., a Michigan corporation and other owners of certain property located in Castle Gardens Subdivision No. 7 in the City of Livonia, the Council does hereby determine to approve the vacation of a part of the plat of Castle Gardens Subdivision No. 7 as recorded in Liber 87, Pages 76-77, Wayne County Records, as well as certain streets presently dedicated in that portion of the subdivision proposed to be vacated, and in the manner requested in Wayne County Circuit Court Civil Action No. 135274 and in accordance with the descriptions set forth in Exhibit B attached to the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS : None. By Councilman Milligan, seconded by Councilman McCann, it was #802-69 RESOLVED, that having considered a copy of a communication from the Mayor of the City of Westland addressed to the Traffic Engineer of the Wayne County Road Commission, wherein a request is made for the installation of an electrically controlled traffic signal located at the intersection of Joy Road and Hubbard Road, the Council takes this means to concur in the said request, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Road Commission, attention Mr. Russell Harrison, Traffic Engineer. 10677 A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. Councilman Ventura gave first reading to the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 396, KNOWN AND CITED AS THE "WATER RATE ORDINANCE" OF THE CITY OF LIVONIA, BY AMENDING SECTION 8.1 THEREOF. The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Milligan, seconded by Councilman Ventura, it was RESOLVED, that having considered a communication from the Department of Law dated June 12, 1969 with regard to the case of Timpona vs. City of Livonia, et al. , Civil Action No. 865+5, the Council does hereby refer this matter to the Committee of the Whole. A roll call vote was taken on the foregoing resolution with the following result: AYES: Raymond, Milligan and McNamara. NAYS : Kleinert, Ventura and McCann. The President declared the resolution denied. By Councilman Kleinert, seconded by Councilman Ventura, it was #803-69 RESOLVED, that having considered a communication from the Department of Law dated June 12, 1969 with regard to the case of Timpona vs. City of Livonia, et al., Civil Action No. 865+5, the Council does hereby authorize the Department of Law execute in behalf of the City of Livonia the proposed stipulation for the entry of judgment and thereby resolve the issues involved in this litigation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: Milligan. The President declared the resolution adopted. 10678 By Councilman Ventura, seconded by Councilman McCann, it was #804-69 RESOLVED, that having considered a communication from the Department of Law and the Industrial Coordinator, dated June 25, 1969, and approved for submission by the Mayor, with regard to the acquisition of land necessary for the opening and extension of Westmore Avnnue from the East-West Industrial Road to Glendale Avenue in Section 27, as well as the need for the subject right-of-way in order to construct water mains and provide utility service in connection with Westmore Avenue, the Council does hereby authorize the payment of the sum of $9000.00, of which $6768.00 shall be expended from the proceeds of Special Assessment District #64, and $2232.00 from the proceeds of Special Assessment District #65, to the owner(s) of the following described property for this purpose: Bureau of Taxation Parcel 27D1a4: The West 60 feet of the east 430.0 feet of the south 165.0 feet of the north 2113.0 feet of the west 1320.0 feet of the N. W. 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan and the City Attorney, 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: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Ventura, it was #805-69 WHEREAS, the Council does hereby determine to rescind, revise and amend Council Resolution #1296-68 so as to have the same provide and read as set forth in the action taken herein, and WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 64, for the installation of paving and drainage on a proposed north-south industrial road (Westmore Avenue) and on an east-west industrial road (Industrial Road) in the Northwest 1/4 of Section 27 in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, a public hearing thereafter having been held thereon on Monday, September 16, 1968 at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of street and drainage improvements to be constructed in Special Assessment District No. 64; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments, 10679 NOW, THEREFORE, BE IT RESOLVED THAT: (1) The City Council does hereby determine that the assessments set forth in the assessment schedule which was prepared by the Engineer- ing Division, dated June 23, 1969, and which purports to revise the special assessment roll previously submitted and dated August 29, 1968, so as to set forth the amount of $122,853.90, are fair and equitable and based upon benefits to be derived by construction of improvements proposed in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 64, as revised, is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of six per cent (6%) per annum on the unpaid balance of the assessment from the date of confirma- tion. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1969 and subsequent installments on December 1st of succeeding years, (4) 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 said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 6.03, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 6.03. Any property owner assessed may, within sixty (60) days from the date of confirmation pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1969 City tax roll in the manner required by Section 6.05 of Ordinance No. 401, as amended, together with interest upon all unpaid installments from the date of confirmation and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments; provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as provided by Section 6.04, or after the expiration of the sixty (60) day period as provided by Section 6.07, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: Milligan. The President declared the resolution adopted. 10680 By Councilman Kleinert, seconded by Councilman Ventura, it was #806-69 WHEREAS, the Council does hereby determine to rescind, revise and amend Council Resolution #1297-68 so as to have the same provide and read as set forth in the action taken herein; and WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. 65 for the installation of water mains for the proposed industrial development within the West 1/2 of the Northwest 1/4 of Section 27 in the City of Livonia, Wayne County, Michigan, as required by the provisions of the City Charter and Ordinance No. 401, as amended, of the City of Livonia, a public hearing thereafter having been held thereon on Monday, September 16, 1968, at the City Hall, 33001 Five Mile Road, Livonia, Michigan, and the City Council having duly met and reviewed the special assessments levied on the special assessment roll as prepared by the City Assessor to cover the district portion of the cost of water main improve- ments to be constructed in Special Assessment District No. 65; and WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED THAT: (1) The City Council does hereby determine that the assessments set forth in the assessment schedule which was prepared by the Engineer- ing Division, dated June 23, 1969, and which purports to revise the special assessment roll previously submitted and dated August 29, 1968, so as to set forth the amount of $40,580.70, are fair and equitable and based upon benefits to be derived by construction of improvements in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; (2) Said Special Assessment Roll No. 65, as revised, is hereby approved and confirmed in all respects; (3) The amount of said roll shall be divided into ten (10) equal annual installments with interest at the rate of six per cent (6%) per annum on the unpaid balance of the assessment from the date of confirma- tion. In such cases where the installments will be less than Ten Dollars ($10.00), the number of installments shall be reduced so that each installment shall be above and as near Ten Dollars ($10.00) as possible. The first installment shall be due and payable December 1, 1969, and subsequent installments on December 1st of succeeding years; (4) 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 said assessment roll shall then be immediately transmitted to the City Treasurer who shall then publish notice as is required by Section 6.03, and mail assessment statements to the respective property owners assessed in the manner and substance as provided by said Section 6.03. Any property owner assessed may, within sixty (60) days from the date of confirmation pay the whole or any part of the assessment without interest or penalty; 10681 (5) The first installment shall be spread upon the 1969 City tax roll in the manner required by Section 6.05 of Ordinance No. 401, as amended, together with interest upon all unpaid installments from the date of confirmation and thereafter one (1) installment shall be spread upon each annual tax roll together with one (1) year's interest upon all unpaid installments, provided, however, that when any annual installment shall have been prepaid in the manner provided by said Ordinance No. 401, as amended, either within the sixty (60) day period as provided by Section 6.04, or after the expiration of the sixty (60) day period as provided by Section 6.07, then there shall be spread upon the tax roll for such year only the interest for all unpaid installments. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: Milligan. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman McCann, it was #807-69 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated June 4, 1969, approved by the Budget Director and approved for submission by the Mayor regarding renewal of the City's contract with Recreation Music Instruction, Inc. and Recreation Dance, Inc. for an additional two-year period from September 1, 1969 through August 31, 1971, inclusive, which agreement is in connec- tion with the conduct of a recreation music and dance program in the City of Livonia, and which it is proposed would be on the same terms and con- ditions as are contained in the present agreement, the Council does hereby approve of the proposed agreement by and between the City and the aforesaid parties in the manner herein submitted and does hereby author- rize the Mayor and City Clerk to affix their signatures to such agree- ment for and in behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #808-69 RESOLVED, that having considered a communication from the Municipal Building Authority of Livonia dated June 9, 1969 and approved for submission by the Mayor with regard to the proposed construction of a new City Hall and District Court Building in the Civic Center, as well as the services rendered in this regard by the architectural firm of Alden B. Dow & Associates, Inc., the Council does hereby refer this matter to the Committee of the Whole for its consideration. 10682 By Councilman McCann, seconded by Councilman Ventura, it was #809-69 RESOLVED, that having considered a communication from the Judges of the 16th Judicial District Court dated July 9, 1969 wherein a request is made for additional appropriations for the District Court, the Council does hereby authorize the transfer of the sum of $25,890 from the Reserve for Contingencies Account to the following accounts in the following amounts for the purposes indicated in the aforesaid communica- tion: $1,000.00 to Account No. 113-1, Salary and Wages Account (1 bookkeeper or accountant, minimum 10 hours a week) $3,000.00 to Account No. 113-1, Salary and Wages Account (3 clerk typists) $2,000.00 to Account No. 113-20, Printing $5,000.00 to Account No. 113-31, Witness and Jury Fees $14,890.00 to Account No.113-70, Capital Outlay (Burroughs L-2000 Electronic Abstract and Legal Recording Machine) A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann and Milligan. NAYS: McNamara. The President declared the resolution adopted. At 10:05 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 Raymond, seconded by Councilman McCann, and unanimously adopted, it was #810-69 RESOLVED, that the Council does hereby determine to rescind CR-776-69 adopted on July 9, 1969, relative to the acceptance of bid for the paving of Doris Avenue. By Councilman McCann, seconded by Councilman Raymond, it was #811-69 RESOLVED, that having considered a communication from the City Engineer and the Assistant City Engineer, dated July 9, 1969, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby accept the unit price bid of Thompson- McCully Asphalt Paving Company, 5905 Belleville Road, Belleville, Michigan, for the paving of Doris Avenue from Five Mile Road to Puritan 10683 Avenue, on the basis of Alternate "B" (Deep-strength asphalt) for the total amount of $76,445.08, based on the Engineering Division's estimate of units of work involved and subject to a final payment based upon the actual units of work as constructed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this work; and the Council does hereby authorize an advance in an amount not to exceed $76,445.08 from the $9,800,000.00 General Obligation Street and Road Bond Issue, $68,007.14 of which is to be reimbursed from the proceeds of Special Assessment Bonds to be sold for this project and $8,437.94 from the anticipated sale of bonds for the Livonia Drain No. 6 Extension and Branches Project, and the Department of Law and Engineering Division are hereby requested to submit a report regarding the easements required to construct off-site storm sewers as well as the need for appraisers, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #812-69 RESOLVED, that having considered a request from the Devon-Aire Woods Civic Association dated July 9, 1969, the Council does hereby grant permission to the Devon-Aire Woods Civic Association to conduct their annual corn roast and street dance on Robert Drive, between Flamingo and Milburn, between the hours of 8.00 P. M. and 1:30 A. M. on August 16, 1969, subject to the approval of the Director of Public Safety. By Councilman McCann, seconded by Councilman Kleinert, it was #813-69 RESOLVED, that having considered the report and recommendation dated May 8, 1969 from the City Planning Commission which sets forth its resolution #4-46-69 in regard to Petition No. 69-2-6-3 submitted by the City Planning Commission on its own motion to determine whether or not to amend the Zoning Ordinance so as to add a maximum building height limitation for all buildings in the R-7 zoning district, and the Council having conducted a public hearing in regard to this matter on July 9, 1969 pursuant to Council Resolution #586-69, the Council does hereby concur with the recommendation of the City Planning Commission and said Petition No. 69-2-6-3 is hereby approved and granted; and the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result . AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. 10684 By Councilman Ventura, seconded by Councilman McCann, it was 014-69 RESOLVED, that having considered the report and recommendation dated May 8, 1969, from the City Planning Commission which sets forth its resolution #4-41-69 in regard to Petition No. 69-2-1-2 submitted by Groesbeck Corporation for a change of zoning on property located on the west side of Middlebelt between St. Martins and Bretton Road in Section 2, from RUF to C-2 and the Council having conducted a public hearing in regard to this matter on July 9, 1969 pursuant to council resolution #586-69, the Council does hereby reject the recommendation of the City Planning Commission and said Petition No. 69-2-1-2 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 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond and McCann. NAYS: Milligan and McNamara. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Milligan, it was #815-69 RESOLVED, that having considered the report and recommendation dated May 27, 1969 from the City Planning Commission which sets forth its resolution #5-65-69 in regard to Petition No. 69-3-1-10 submitted by Michael Berry and Vivian Berry for a change of zoning on property located on the north side of Ann Arbor Trail east of Lawrence Drive in the Southeast 1/4 of Section 32, from C-1 to R-7, and the Council having conducted a public hearing in regard to this matter on July 9, 1969 pursuant to Council Resolution #629-69, the Council does hereby concur with the recommendation of the City Planning Commission and said Petition No. 69-3-1-10 is hereby approved and granted; and the City Planner is hereby instructed to cause the necessary map for publication to be pre- pared 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 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Raymond, it was 10685 RESOLVED, that having considered a communication dated June 12, 1969 from the City Planning Commission which sets forth its resolution #5-78-69 in regard to Petition No. 69-4-2-11 as submitted by James Sutherland requesting permission to construct a restaurant as a waiver use on property located on the south side of Seven Mile Road between Middlebelt and Maplewood in Section 12, which property is zoned C-2, and the Council having conducted a public hearing in regard to this matter on July 9, 1969 pursuant to Council Resolution 669-69, the Council does hereby reject the recommendation of the City Planning Commission in the said Petition and Petition No. 69-4-2-11 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond and McCann. NAYS: Kleinert, Milligan and McNamara. The president declared the resolution denied. By Councilman McCann, seconded by Councilman Kleinert, it was #616-69 RESOLVED, that having considered a communication dated June 12, 1969 from the City Planning Commission which sets forth its resolution #5-77-69 in regard to Petition No. 69-4-2-10 submitted by Jet Slide, Inc., requesting permission to construct and operate a jet slide on pro- perty located on the west side of Middlebelt between St. Martins and Seven Mile Road in Section 2, which property is zoned C-2, and the Council having conducted a public hearing in regard to this matter on July 9, 1969 pursuant to Council Resolution #670-69, the Council does determine to concur in the recommendation made by the City Planning Commission and the said Petition No. 69-4-2-10 is hereby denied for the same reasons as those that are set forth in the aforesaid action of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Raymond, it was #817-69 RESOLVED, that having considered a communication from the Zoning Board of Appeals dated June 30, 1969 with regard to printing expenses involved on appeal cases submitted to the Board, the Council does hereby authorize the transfer of $520.00 from the Reserve for Contingencies Account to a new Printing Account to be established for this purpose in the Budget of the Zoning Board of Appeals. 10686 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #818-69 RESOLVED, that having considered a communication dated June 12, 1969 from the City Planning Commission, which sets forth its resolution #5-78-69 in regard to Petition No. 69-4-2-11 as submitted by James Sutherland requesting permission to construct a restaurant as a waiver use on property located on the south side of Seven Mile Road between Middlebelt and Maplewood in Section 12, which property is zoned C-2, and the Council having conducted a public hearing in regard to this matter on July 9, 1969, pursuant to Council Resolution 669-69, the Council does hereby determine to refer this matter to the next Study Session to be held August 6, 1969. A roll call vote was taken on the foregoing resolution with the following result. AYES: Ventura, Raymond, McCann, Milligan and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman McCann, seconded by Councilman Milligan, and unanimously adopted, it was #819-69 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 Ventura, seconded by Councilman McCann, it was #820-69 RESOLVED, that having considered a request dated July 15, 1969 from the Gold Construction Company, proprietors of Gold Manor Subdivision No. 3 located in the northwest 1/4 of Section 8, City of Livonia, Wayne County, Michigan, the Council does hereby determine to allow the said proprietors to deposit as financial assurance for the installation of improvements and sidewalks in the aforesaid subdivision a Surety Bond in the amount of $315,200.00 and an Irrevocable Letter of Credit in the amount of $20,000.00 in lieu of other forms of financial assurance prescribed in Council Resolution #1325-68, Item No. 8, as amended by Council Resolution #592-69; and the City Clerk is 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: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. 10687 By Councilman Milligan, seconded by Councilman Raymond, it was #821-69 RESOLVED, that having considered a communication from the Department of Law dated July 15, 1969, approved for submission by the Mayor with respect to the cost of the appraisal of the M. J. Franjac property, located at 37355 Eight Mile Road, Livonia, Michigan, in connection with the proposed improvement of Newburgh Road from Plymouth Road to Schoolcraft and from Five Mile Road to Eight Mile Road, the Council does hereby authorize the expenditure of a sum of $175.00 from the proceeds of the $9.8 million General Obligation Street Improvement Bond Issue for this purpose; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to fulfill the purpose of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Ventura, it was #822-69 RESOLVED, that having considered the report of the Capital Improvement Committee dated July 10, 1969 and submitted pursuant to CR-711-67 in connection with the acquisition of a site in Section 2 for park site purposes, including the construction of an indoor ice skating facility and recreation center building, the Council does hereby refer this matter to the Parks and Recreation Commission with the request that an updated feasibility study and status report be submitted with respect to the proposal of constructing such facilities in the northeast portion of the City. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #823-69 RESOLVED, that having considered the report of the Capital Improvement Committee dated July 10, 1969 and submitted pursuant to CR's 2,36-68,186-69,&391-68 in connection with the future plans and operation of the facilities located at Quaker Acres, the Council does hereby refer this matter to the Historical Commission with the request for an up-to- date report on the possible conversion of such facilities to a City Museum. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was 10688 #824-69 RESOLVED, that having considered the report of the Capital Improvement Committee dated July 10, 1969 submitted pursuant to CR-856-68 in connection with a request previously submitted for a new District Court Building, the Council does hereby determine to take no action with regard to the same in view of the fact that the Council has now taken affirmative action in this regard, and no further action would appear to be necessary at this time. By Councilman Milligan, seconded by Councilman McCann, it was #825-69 RESOLVED, that having considered a communication from the Capital Improvement Committee dated July 10, 1969 submitted pursuant to CR-445-69 in connection with a request for the installation of a sprinkling system in the boulevard islands located on Farmington Road south of Five Mile Road, the Council does hereby authorize the expenditure of a sum not to exceed $1,000.00 from the $9.8 million General Obligation Street Improvement Bond Issue to the Water Department for the purpose of tapping a water main so as to provide water service to the subject Farmington Road islands, and the Director of Public Works and the City Clerk 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 : Kleinert, Ventura, Raymond, McCann and Milligan. NAYS : McNamara. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman McCann, it was #826-69 RESOLVED, that having considered the report of the Capital Improvement Committee dated July 10, 1969 submitted pursuant to CR-706-69 with respect to the proposed underground water tank and air compressor as well as the emergency pump and day tank for the Civil Defense Emergency Operating Center, the Council does hereby determine as follows : 1. That the bid of Zeni and Maguire Construction Company for the under- ground water tank and air compressor work is hereby rejected for the reasons indicated in the communication dated June 4, 1969 from the Division of Engineering and the Director of Civil Defense; 2.. That the Department of Public Works and the Budget Director are hereby authorized to do all things necessary in accordance with the provisions set forth in the Financial Ordinance, Ordinance No. 216, as amended, for the purpose of obtaining bids for having an underground water tank constructed and delivered to the job site; 3. That the Department of Public Works is hereby requested to submit a report regarding cost involved of materials and the completion of work required with respect to this project; 10689 L 4. That the Department of Public Works is hereby requested to submit a report regarding the costs involved in retaining local firms to complete all other work, as indicated in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #827-69 RESOLVED, that having considered a communication from the Parks and Recreation Commission dated July 14, 1969, approved by the Budget Director and approved for submission by the Mayor with regard to the use of Ford Field Diamond No. 1 on August 4, 5, and 6, 1969 from 9:00 A. M. to 1:00 P. M. at the rental rate of $50.00 per day to Sports Promotion, Inc., 25941 W. Six Mile Road, Redford, Michigan, for the purpose of holding Junior Baseball Clinics for youngsters 9 through 17 years of age, the Council does hereby determine to concur in such rental rate for the use of the said facility by Sports Promotion, Inc. in the manner indicat- ed in the aforesaid communication. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Raymond, it was #828-69 RESOLVED, that having considered the report and recommendation dated May 22, 1969 from the City Planning Commission which sets forth its resolution #4-43-69 in regard to Petition 69-2-1-5 submitted by John E. Pakkala for a change of zoning on property located on the north side of Pembroke between Oporto and Melvin Avenues in Section 2 from RUF to R-3 and which petition was amended by the petitioner to request a change of zoning from RUF to R-5; and the Council having conducted a public hearing with regard to this matter on July 16, 1969 pursuant to council resolution #667-69, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition, as amended, 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 in accordance with this resolution. L A roll call vote was taken on the foregoing resolution with the following result AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. 10690 By Councilman Milligan, seconded by Councilman Ventura, it was #829-69 RESOLVED, that having considered the report and recommendation dated May 29, 1969 from the City Planning Commission which sets forth its resolution #5-63-69 in regard to Petition 69-3-1-8 submitted by Bailus Wilson for a change of zoning on property located on the southeast corner of Hugh and Norfolk Avenue in the northeast 1/4 of Section 2 from RUF to R-4; and the Council having conducted a public hearing with regard to this matter on July 16, 1969 pursuant to council resolution #667-69, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 69-3-1-8 is hereby approved and granted in part so as to approve the rezoning requested only with respect to the southerly portion of the property which is approximately 130 feet by 125 feet and to deny the same with respect to the balance; 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 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #830-69 RESOLVED, that having considered the report and recommendation dated May 29, 1969 from the City Planning Commission which sets forth its resolution #5-64-69 in regard to Petition No. 69-3-1-11 submitted by Burton-Share, Inc., Ply-Van Corporation for a change of zoning on the west side of Levan Road, north of Plymouth Road in the southwest 1/4 of Section 29 from C-2 to M-1; and the Council having conducted a public hearing with regard to this matter on July 16, 1969 pursuant to council resolution #667-69, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 69-3-1-11 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map the Deparment of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Raymond, seconded by Councilman Ventura, it was RESOLVED, that having considered the report and recommendation dated May 28, 1969 from the City Planning Commission which sets forth its resolution #5-61-59 in regard to Petition 69-3-1-6 submitted by 10691 Arthur Bottrill for a change of zoning on the northeast corner of Rayburn and Farmington Road in the Southwest 1/4 of Section 15, from R-3 to P.S. ; and the Council havingieanducted a public hearing with regard to this matter on July 16, 1969 pursuant to council resolution #667-69, the Coi5ncil does hereby reject the recommendation of the Planning Commis- sion and the said Petition 69-3-1-6 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 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond and McCann. NAYS: Kleinert, Milligan and McNamara. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Milligan, it was #831-69 RESOLVED, that having considered the report and recommendation dated May 28, 1969 from the City Planning Commission which sets forth its resolution #5-61-69 in regard to Petition 69-3-1-6 submitted by Arthur Bottrill for a change of zoning on the northeast corner of Rayburn and Farmington Road in the Southwest 1/4 of Section 15, from R-3 to P. S.; and the Council having conducted a public hearing with regard to this matter on July 16, 1969 pursuant to council resolution #667-69, the Council does hereby table this matter to the next Regular Meeting to be held August 6, 1969. A roll call vote was taken on the foregoing resolution with the following result: AYES: Ventura, Raymond, McCann, Milligan and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Raymond, and unanimously adopted, it was #832-69 RESOLVED, that the Council does hereby request the City Planning Commission pursuant to the provisions set forth in Article XXIII of the Zoning Ordinance, Ordinance 543, as amended, to conduct a Public Hearing on its own motion with respect to a possible amendment of said Zoning Ordinance so as to delete from the M-1 Zoning District garages, repair shops, etc. and place the same in the C-2 zoning classification as a waiver use, and thereafter submit its report and recommendation to the City Council. 10692 By Councilman Milligan, seconded by Councilman McCann, it was #833-69 RESOLVED, that having considered a communication from the City Planning Commission dated June 26, 1969 which transmits its resolution #6-93-69 adopted by the Commission on June 10, 1969 with regard to Petition No. 69-5-8-2 requesting site plan approval for a proposed addition to the shopping center located at Five Mile and Levan Roads in the Southwest 1/4 of Section 17, the Council does hereby, pursuant to provisions set forth in Section 9.03 of Ordinance No. 543, as amended, concur in the recommendation of the Planning Commission and Petition No. 69-5-8-2 is hereby approved, subject to the same conditions as are set forth in the aforesaid action of the City Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Milligan and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #834-69 RESOLVED, that the City Engineer is hereby requested to submit his report and recommendation relative to the need for a street light at the intersection of Westbrook at Six Mile Road. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, this 656th regular meeting of the Council of the City of Livonia, was duly adjourned at 11:55 P. M., July 23, 1969. ADDISON W. BACt , C'' y C erk.