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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-06-18 10569 MINUTES OF THE SIX HUNDRED FIFTY-THIRD REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On June 18, 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 8:05 P. M.. Councilman McCann 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, Robert F. Nash and Edward G. Milligan. Absent--none. Elected and appointed officials present. Virginia G. Handzlik, Deputy City Clerk; Harry C. Tatigian, City Attorney; Robert A. Shaw, Director of Public Works; David L. Jones, Water and Sewer Commissioner, Henry Sieferd, City Assessor, William J. Strasser, City Engineer, Dan Andrew, Industrial Coordinator; John T. Dufour, Superintendent of Parks and Recreation, Donald Nicholson, Director of Public Safety; John Nagy, Assistant City Planner; Victor C. Phillips, Budget Director; Raymond Danaher, Budget Analyst; Richard Simpson, Traffic Commission; Carl Pursell, Wayne County Board of Supervisors; Robert Bennett, Zoning Board of Appeals; John Stymeiski, Traffic Commission, and Donald Heusted, Raymond Tent, Harry Wrightman and Robert Colomina of the Planning Commission. By Councilman McCann, seconded by Councilman Kleinert, and *unanimously adopted, it was #647-69 RESOLVED, that the Minutes of the 652nd regular meeting of the Council of the City of Livonia, held June 11, 1969, are hereby approved. *Councilman Ventura abstained from voting, which is recorded as a "yes" vote under the provisions of Section 19 of Ordinance No. 27, as amended. The President acknowledged receipt of a veto by the Mayor, dated June 13, 1969 of Council Resolution #628-69, adopted June 11, 1969, which would change the zoning of certain property in the Northwest 1/4 of Section 24, from RUF to R-7. 10570 By Councilman Raymond, seconded by Councilman Kleinert, it was RESOLVED, that having considered the veto by the Mayor, dated June 13, 1969 of resolution #628-69 adopted by the Council on June 11, 1969, the Council does hereby readopt said resolution #628-69 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: Milligan, Kleinert, Raymond and McNamara. NAYS: McCann, Nash and Ventura. The President declared the resolution denied for the lack of five affirmative votes, and the Mayor's veto sustained. The communication dated June 13, 1969 from the Mayor relative to the expense involved in holding a Special Election, was received and filed for the information of the Council. The General Fund Financial Statement for the period ending May 31, 1969 transmitted by the City Clerk under date of June 17, 1969, was received and filed for the information of the Council. Councilman Kleinert took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTIONS 13 & 24+ OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO RE: PETITION 68-7-1-29 FOR CHANGE OF ZONING FROM RUF TO P & C-1 AND FROM RUF & C-1 TO P.S., INTRODUCED BY COUNCILMAN KLEINERT ON JUNE 111 1969. A roll call vote was taken on the foregoing Ordinance with the following result AYES: McCann, Nash, Milligan, Kleinert, Ventura, Raymond and McNamara. NAYS: None. The President declared the Ordinance duly adopted, and would become effective on publication. 10571 Councilman Kleinert took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 8 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.VETO RE: PETITION 68-10-1-40 FOR CHANGE OF ZONING FROM R-4-B to C-2 & PS, INTRODUCED BY COUNCILMAN KLEINERT ON JUNE 11, 1269. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McCann, Nash, Milligan, Kleinert, Raymond and McNamara. NAYS: Ventura. The President declared the foregoing Ordinance duly adopted and would become effective on publication. By Councilman Milligan, seconded by Councilman Kleinert, it was RESOLVED, that the Council does hereby determine to take no action at this time with respect to the City's participation in the Southeast Michigan Council of Governments. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan and Kleinert. NAYS: McCann, Nash, Ventura, Raymond and McNamara. The President declared the resolution denied. By Councilman Raymond, seconded by Councilman Ventura, it was #648-69 WHEREAS, The many local governments, including cities and villages, counties, school districts, and townships in Southeast Michigan, form one regional community, with a citizenry bound together physically, socially, and economically, and serviced by not just one unit of local government but by the many, AND WHEREAS, The many separate, yet interrelated, local govern- ments create significant political and organizational questions relative to effective and efficient coordination of needed services; AND WHEREAS, The expansion of the concept of voluntary cooperation among local governments, while retaining local home rule, is the best solution for dealing with regional challenges beyond individual capabilities; AND WHEREAS, The Southeast Michigan Council of Governments10572 proposed by the Committee of One Hundred provides the City of Livonia an opportunity to participate voluntarily with other local governments in Southeast Michigan to resolve problems, and develop policies and plans that are common and regional in nature; NOW, THEREFORE, BE IT RESOLVED, That the City of Livonia does hereby declare its intent to become a member of the Southeast Michigan Council of Governments, as set forth in its Bylaws, commencing December 1, 1969; AND BE IT FURTHER RESOLVED, That participation shall be voluntary, with the right of withdrawal, and that said membership shall not be construed as in any manner impairing the right of local self government; AND BE IT FURTHER RESOLVED, That the City of Livonia recognizes a responsibility to share the financial support of the Southeast Michigan Council of Governments upon this City actually becoming a member of said organization. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Ventura, Raymond and McNamara. NAYS: Milligan and Kleinert. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Nash, it was #649-69 RESOLVED, that having considered the report and recommendation dated August 3, 1967 from the City Planning Commission, which sets forth its resolution #7-112-67 in regard to Petition 65-8-1-2, as submitted by Arthur Pollack for a change of zoning of property located between Middlebelt Road and Harrison, north of the cemetery property on Six Mile Road in the West 1/2 of Section 12, from R-1 to R-7, and the Council having conducted a public hearing with respect to this matter on October 9, 1967 pursuant to resolution #897-67 and having also considered a letter dated May 8, 1969 from William N. Ponder, attorney for Mr. Pollack, with respect to this matter, the Council does hereby concur in part and reject in part the recommendation of the Planning Commission and the said Petition 65-8-1-2 is hereby approved in part so as to delete therefrom that portion of the property which is presently designated as constituting Federally designated Park Site M-59 and approve the rezoning requested with respect to the balance of the property petitioned for in this regard, 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 LE upon receipt of such map the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolu- tion. 10573 A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Nash, Milligan, Kleinert, Ventura and Raymond. NAYS: McNamara. The President declared the resolution adopted. Councilman Nash gave first reading to the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 77 OF THE CITY OF LIVONIA, KNOWN AND CITED AS THE "RETIREMENT PLAN ORDINANCE," BY AMENDING SECTION 2.18, 6.02, 6.03, 6.04, 8.01 and 8.04 THEREOF. Incorporating in the proposed amendment the following language which was recommended by the Civil Service Commission in its communication dated June 18, 1969: "IN ANY CASE, WHERE A MEMBER OTHER THAN A POLICE OR FIRE MEMBER COULD HAVE COMPLETED TEN 110) YEARS OF TOTAL SERVICE UNDER THE PROVISIONS FOR NORMAL RETIREMENT AGE OF SEVENTY (70) IN EFFECT UNTIL NOVEMBER 30, 1968, THE FOREGOING PROVISIONS SHALL NOT BE APPLICABLE UNTIL THE MEMBER HAS COMPLETED THE TEN (10) YEARS OF SERVICE BEFORE ATTAINING AGE SEVENTY (70)". The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #650-69 RESOLVED, that having considered a communication from the Personnel Director dated June 18, 1969 which transmits a resolution adopted by the Civil Service Commission dated June 17, 1969 wherein it is recommended that the Retirement Plan and the Retirement Ordinance be revised so as to provide that with respect to other than Police and Fire members who could have completed ten years of service in order to attain normal retirement at age of seventy (70) in effect until November 30, 1968, the new Retirement Plan changes will not be applicable until a member has in fact completed ten years of service before attaining age seventy (70), the Council does hereby determine to approve of and concur with such action. The communication from the District Court, dated May 27, 1969, with respect to the termination of Ronald Nisun, Court Officer, was received and filed for the information of the Council. 10574 The communication from the Department of Law, dated May 19, 1969, with a Solid Waste Disposal License (CR886-66 and CR1193-66), was received and filed for the information of the Council. The communication from the Department of Law and the Bureau of Inspection dated May 28, 1969, relative to a report on property located on Roycroft, east of Middlebelt, was received and filed for the information of the Council. *Councilman Raymond was excused at 9:02 P. M. for the remainder of the meeting. By Councilman Ventura, seconded by Councilman McCann, it was #651-69 RESOLVED, that having considered a communication from the Water and Sewer Board dated May 19, 1969 and approved for submission by the Mayor which transmits its resolution #WS 1221 5/69, the Council does hereby accept the bid of Ellis & Ford Mfg. Co., Inc., 1100 Coolidge Road, Box 308, Birmingham, Michigan 48012 for supplying the Water Department with Water Service Parts and Fittings in the following quantities for the following indicated prices : 1,000 3/4" Corp. Stops @ 2.19 $2,190.00 100 1" Corp. Stops @ 3.34 334.00 500 3/4" 2 Pc Unions @ .82 410.00 100 1" 2 Pc Unions @ 1.32 132.00 1,000 Stop Boxes & Rods @ 4.38 4,380.00 100 1" Curb Stops @ 6.67 667.00 1,000 3/4" Curb Stops @ 4.34 4,340.00 20 4-1/4" Road Boxes @13.10 262.00 TOTAL $12,715.00 the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Ventura, it was #652-69 RESOLVED, that having considered a communication from the Water and Sewer Board dated May 19, 1969 and approved for submission by the Mayor which transmits its resolution #WS 1220 5/69, the Council does hereby accept the bid of LeRan Copper & Brass Corp. , P. 0. Box 25, Coldwater, Michigan, 49036 for supplying the Water Department with the following quantities and sizes of Type "K" Copper Water Tubing for the following prices : L1.57, 40,000 ft. of 3/4" in 60' rolls @ .4895 per ft. $19,580.00 5,000 ft. of 3/4" in 100' rolls @ .4895 per ft. 2,447.50 2,000 ft. of 1" in 60' rolls @ .640 per foot 1,280.00 2,000 ft. of 1" in 100' rolls @ .640 per ft. 11280.00 TOTAL $24,587.50 the same having been in fact the lowest bid received for this item. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Ventura, it was #653-69 RESOLVED, that having considered a communication from the Director of Public Safety dated May 29, 1969, approved for submission by the Mayor and the Budget Director, the Council does hereby accept the bid of Roger Peck, Chevrolet, Incorporated, Farmington, Michigan, for supplying the General Service Bureau of the Division of Police with a four door station wagon for the price of $2,540.22, the same having been in fact the lowest bid received meeting all specifications. A roll call vote was taken on the foregoing resolution with the following result: L AYES: McCann, Nash, Milligan, Ventura and McNamara. NAYS: Kleinert. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Kleinert, it was #654-69 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and the Budget Director dated June 4, 1969 and approved for submission by the Mayor, the Council does hereby accept the bid of The Cottage Gardens, Inc. , Route #3, Lansing, Michigan, 48910 for supplying the Operations Division (Forestry Division) with the following species of trees for the following unit price bids for the Fall and Spring plantings in the following indicated years: SPECIE 1969-70 1970-71 1971-72 Norway Maple 7.20 7.90 8.90 Honey Locust 7.60 8.90 9.90 Crimson King Maple 10.20 11.20 12.30 Sycamore 7.20 7.90 8.90 L Green Spire Linden 11.20 12.70 13.90 Schwedler Maple 8.30 9.20 10.10 Red Oak 8.30 9.20 10.10 Gingko 10.20 11.20 12.30 Sugar Maple 7.90 8.70 9.70 Sweet Gum 7.20 7.90 8.90 10576 the same having been in fact the lowest bid received with respect to the foregoing with the exception of the Crimson King Maple and with respect to the latter such bid is accepted for the reasons indicated in the foregoing communication; and the Mayor and City Clerk are hereby authorised to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all things necessary and incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #655-69 RESOLVED, that having considered a communication from the Superintendent of Operations, Director of Public Works and Budget Director dated June 4, 1969 and approved for submission by the Mayor, the Council does hereby accept the following unit price bids for Bituminous Materials in the following indicated manner: 1. ASPHALTIC COLD PATCH MATERIALS: (delivered and picked up) a. Cadillac Asphalt Paving Company, 21675 Telegraph Road, Southfield, Michigan, 48075, for Blacrete Mix at $8.85 per ton delivered to our yard, and $8.00 per ton picked up at plant; and for Rode-Rite at $9.15 per ton delivered, and $8.25 per ton picked up, these having been in fact the low bids received for these items. b. Ann Arbor Construction Company, 221 Fetch Street, Ann Arbor, Michigan, for Kling Cold Patch at $10.54 per ton delivered to our yard, and $9.60 per ton picked up at plant; these having been in fact the low bids received for this item. 2. ASPHALTIC CEMENTS AND ROAD TARS (delivered) a. Allied Chemical Corporation, Barrett Paving Materials Division, Fabricated Products Division, 13501 Huron River Drive, Romulus, Michigan, 48174, for Road Tar, RT(3-10), delivered to our yard at .1525¢ per gallon, this having been in fact the low and sole bid received for this item. b. Bituminous Materials Company, Inc., P. 0. Box 319, Jackson, Michigan, 49201, Chevron Asphalt Company, P. 0. Box 38014, Cincinnati, Ohio, 45238 (Howell, Michigan Plant), and Allied Materials Corporation, 5200 East Nevada, Detroit, Michigan, 48234, for AE(1-3) at .1343¢ per gallon, such having been in fact the low bids received for this item; accept the bid of all three companies and will purchase from the one whose material is available at the time needed. c. No bids were received for MC (0-5) 10577 3. HOT ASPHALTIC CONCRETE Detroit Asphalt Paving Company, 24865 Five Mile Road, Detroit, Michigan, 48239, for 31A and 25A Natural Aggregate, 4.12 mix, at $7.35 per ton picked up at plant, the bid of Ann Arbor Construction Company was identical; however, the cost of the additional travel time to pick the material makes their bid impractical. 4. HOT POURED RUBBER TYPE ASPHALT JOINT SEALER (delivered) Allied Materials Corporation, 5200 East Nevada, Detroit, Michigan, 48234, for Hot Poured Rubber Type Asphalt Joint Sealer, delivered to our yard, at l00 per pound, such having been the low and sole bid received for this item. A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS : None. By Councilman Nash, seconded by Councilman Ventura, it was RESOLVED, that having considered the report and recommendation of the City Engineer and Assistant City Engineer dated May 22, 1969, approved by the Superintendent of Parks and Recreation and Director of Public Works and approved for submission by the Mayor, and the attached final construction estimate dated May 22, 1969, the Council does hereby authorize Final Payment in the amount of $2,058.80 to Hydon-Brand Company, 5330 East Davison, Detroit, Michigan, 48212 which sum includes the full and complete balance due on a contract dated October 2, 1968 in the amount of $20,588.00 in connection with the Henry Ford Centennial Park Ball Diamond No. 3 floodlighting project, it appearing from the aforementioned report that all work on the said contract has been complet- ed in accordance with City standards and specifications, and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Nash, it was #656-69 RESOLVED, that having considered the report and recommendation of the City Engineer and Assistant City Engineer dated May 22, 1969, approved by the Superintendent of Parks and Recreation and Director of Public Works and approved for submission by the Mayor, with respect to Final Payment for the Floodlighting of Henry Ford Centennial Park Ball Diamond Ito.3,Council does hereby table this matter until such time as the trailer, which has been abandoned at Ford Field by Hydon-Brand Company, 5330 East Davison, Detroit, Michigan, 48212, is removed, such request having been made previously by the Parks and Recreation Commis- sion. 10578 A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was #657-69 RESOLVED, that having considered the report and recommendation of the City Engineer and Assistant City Engineer dated May 29, 1969, approved by the Water and Sewer Commissioner and the Director of Public Works and approved for submission by the Mayor, and the attached final construction estimates dated May 29, 1969, the Council does hereby authorize Final Payment to Canzano Excavating Co., Inc., 26940 Taft Road, Novi, Michigan, 48050 in the total amount of $15,154.81 which sum includes the full and complete balance due on a contract dated May 21, 1967 in the amount of $179,885.70 and to which certain additions were made authorized by council resolution numbers 9?3-67 and 1093-67 in connection with 1966 miscellaneous sanitary sewer and water main extensions and the afore- mentioned final payment being broken down as follows : A. $9,835.61 for water mains; B. $5,319.20 for sanitary sewers; and it appearing from the aforementioned report that all work under the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #658-69 RESOLVED, that having considered a communication dated June 3, 1969 from the Department of Law transmitting for acceptance a Quit Claim Deed dated November 19, 1968, executed by Gold Construction Company, by Hyman Gold, President, conveying: The westerly most 60 feet of the following described parcel. Commencing at the S.W. corner of Section 8, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, thence along the west line of said Section 8, N 0° 56' 18" W. , 360.00' to the point of beginning; thence continuing along the west line of said Section 8, N 0° 56' 18" W., 285.00' ; thence N 89° 01' 58" E. , 1050.00', thence S 00° 56' 18" E., 645.00' to a point on the south line of said Section 8, thence along the south line of Section 8, S 89° Olt 58" W. , 690.08' ; thence N 0° 54' 58" W., 360.13' ; thence S 89° 00' 42" W., 360.C6' to the point of beginning, and also, except the south 60.00 feet thereof, L 10579 subject to the rights of the public and of any governmental unit in any part thereof taken, used or deeded for street, road or highway purposes. (Newburgh Road right-of-way) (Parcel 08J2) the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid instrument and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #659-69 RESOLVED, that having considered a communication dated May 22, 1969 from the Department of Law transmitting for Council acceptance a Quit Claim Deed wherein certain rights-of-way are conveyed to the City across Parcels 19A1 and 19A2alb in connection with the proposed improve- Lments of Newburgh Road and Five Mile Road, said deed more particularly described as : Quit Claim Deed dated October 7, 1968 executed by Deventen Investors Co. by Leonard R. Farber, Partner; Henry S. Alper, Robert L. Alper and Lenore S. Alper, his wife, by Henry S. Alper, their Attorney-in-Fact; Joshua J. Stone and Eunice S. Stone, his wife, and Donald A. Krupp and Marcia L. Krupp, his wife, con- veying: The East 60 feet and also the North 60 feet of that part of the N. E. 1/4 of Section 19 described as: Beginning at the Northeast corner, Section 19, Town 1 South, Range 9 East, thence South 0° 19' 42" East 971.80 feet, thence North 89° 59' 20" West 1188.36 feet, thence North 0° 00' 40" East 970.18 feet, thence North 89° 56' 00" East 1182.60 feet to point of beginning, EXCEPT the South 450 feet thereof and also EXCEPT the North 210 feet of the East 210 feet. the Council does hereby determine for and on behalf of the City to accept the aforesaid Quit Claim Deed and the City Clerk is hereby requested to have the same recorded with the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. 10580 L By Councilman Nash, seconded by Councilman Kleinert, it was #660-69 RESOLVED, that having considered a communication dated May 26, 1969 from the Department of Law, transmitting for Council acceptance a Warranty Deed dated May 22, 1969 executed by Emil T. Lewis and Wanda A. Lewis, his wife, conveying a portion of Parcel 20J1, for a future park site, said portion being more particularly described as: That part of the Southeast 1/4 of Section 20, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as being the East 340 feet of the North 1/2 of the North 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 20. the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution, further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city-owned and exempt. LA roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, it was #661-69 RESOLVED, that having considered a communication dated May 26, 1969 from the Department of Law, transmitting for Council acceptance a Warranty Deed dated May 23, 1969 executed by James Leroy Decker and Bessie May Decker, his wife, conveying a portion of Parcel 03R, for a future park site, said portion of property being more particularly described as: That part of the Southwest 1/4 of Section 3, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as the East 1/2 of the East 1/2 of the Southwest 1/4 of Section 3, except the East 30 acres thereof, also except the South 600 feet thereof. the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to L 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. 10581 A roll call vote was taken on the foregoing resolution with the following result AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #662-69 RESOLVED, that having considered a communication dated June 2, 1969 from the Department of Law, transmitting for Council acceptance a Warranty Deed dated May 29, 1969 executed by Rose C. Otto and Fred H. Otto, conveying a portion of Parcel 14V1, for a future park site, said portion of property being more particularly 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 W. 360.0 feet of the N. 1/2 of the S. 1/2 of the N. E. 1/4 of the S. E. 1/4 of Section 14. the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; further, the City Assessor is hereby requested to do all things necessary to have the subject property s removed from the tax rolls as being city-owned and exempt. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, it was #663-69 RESOLVED, that having considered a communication dated June 5, 1969 from the Department of Law, transmitting for Council acceptance a Warranty Deed dated June 3, 1969, executed by the Michigan Home for the Armenian Aged, Inc., by its Vice President, John P. Tabibian and its Treasurer, Haig Jizmejian, conveying a portion of Parcel 14W1 for a future park site, said portion of property being more particularly described as : That part of the Southeast 1/4 of Section 14, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as: the West 360.0 feet of the South 1/2 of the South 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section 14. the Council does hereby determine for and in behalf of the City of L Livonia to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution; further, the City Assessor is hereby requested to do all things necessary to have the subject property removed from the tax rolls as being city-owned and exempt. 10582 A roll call vote was taken on the foregoing resolution with the following result. AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #664-69 RESOLVED, that having considered a communication dated June 6, 1969 from the Department of Law transmitting for Council acceptance a suit Claim Deed from the Livonia Public Schools School District, dated May27, 1969, and conveying: The Easterly 33 feet of the southerly 1130.77 feet of that part of the S. W. 1/4 of Section 3, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the North and South 1/4 line of said section distant N 0° 22' E, 1309.80 feet from the South 1/4 corner of Section 3 and proceeding thence N 89° 40' 20" W, 335.77 feet; thence N 0° 18' 40" E, 7.15 feet; thence N 89° 40' 20" W, 165 feet; thence N 0° 18' 40" E, 1305.56 feet; thence S 89° 20' 40" E. along the east and west 1/4 section line 501.00 feet; thence S 0° 22' W. along the north and south 1/4 section line, 1310.77 feet to the point of beginning. (Bureau of Taxation Parcel 03S4,5,6)(Hubbard Road right-of-way) the Council does hereby determine for and in behalf of the City of Livonia to accept the aforesaid instrument, and the City Clerk is hereby requested to have the same recorded in the Office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman McCann, seconded by Councilman Ventura, and unanimously adopted, it was #665-69 WHEREAS, pursuant to the direction of the City Council in its resolution No. 488-69 adopted on April 30, 1969 and in accordance with Section 3.06 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of May 21, 1969 an assessment roll dated May 21, 1969 covering the installation of paving and drainage on Stark Road from Plymouth to Schoolcraft in Section 28, City of Livonia, Wayne County, Michigan 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. 488-69, 1©583 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 examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 3.08 of Ordinance No. 401, as amended, of the City, to wit: that 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 Wednesday, July 16, 1969 at 7:00 P. M., to review the said special assessment 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 July 16, 1969; 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. By Councilman Kleinert, seconded by Councilman Ventura, and unanimously Ladopted, it was #666-69 WHEREAS, pursuant to the direction of the City Council in its resolution No. 1181-68 adopted on October 16, 1968 and in accordance with Section 4.01 of Ordinance No. 401, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of May 28, 1969 an assessment roll dated May 28, 1969 covering the installation of ornamental street lights with underground wiring in Stark Gardens Subdivision and part of Koloff's Greenbriar Meadows Subdivision No. 3 in Section 21 in the City of Livonia, Wayne County, Michigan, 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. 1181-68. 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 examination; that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 3.08 of Ordinance No. 401, as amended, of the City, to wit: that 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 Wednesday, July 16, 1969 at 7:00 P. M., to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard; 10584 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 circu- lated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of July 16, 1969; 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. By Councilman Milligan, seconded by Councilman Ventura, and unanimously adopted, it was #667-69 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 543, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, July 16, 1969 at 7:00 P. M. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan with respect to the following items: (a) Petition No. 69-2-1-5 submitted by John E. Pakkala for a change of zoning on property located on the north side of Pembroke Avenue between Oporto and Melvin Avenues in Section 2 from RUF to R-5, the City Planning Commission having in its resolution #4-43-69 recom- mended to the City Council that Petition 69-2-1-5 be approved; (b) Petition No. 69-3-1-7 submitted by David Perry, attorney, for Elias Brothers Restaurant, Inc. for a change of zoning on property located on the southeast corner of Vassar and Middlebelt Roads in the southwest 1/4 of Section 1 from C-1 to C-2, the City Planning Commission having in its resolution #5-62-69 recommended to the City Council that Petition 69-3-1-7 be denied; (c) Petition No. 69-2-1-3 submitted by David Perry, attorney, for Douglas E. and Rosaline D. Winfield for a change of zoning on property located on the north side of Plymouth Road between Farmington and Hubbard Roads in Section 27 from C-2 to M-1, the City Planning Commission having in its resolution #5-68-69 recommended to the City Council that Petition 69-2-1-3 be approved; (d) Petition No. 68-4-1-15 submitted by Donald C. Deremo, attorney, for Dr. Otonas Vaitas for a change of zoning on property located on the north side of Orangelawn, west of Farmington Road in the northeast 1/4 of Section 33 from RUF to P-S, the City Planning Commis- sion having in its resolution #5-67-69 recommended to the City Council that Petition 68-4-1-15 be approved; (e) Pet.ition No. 69-3-1-8 submitted by Bailus Wilson for a change of zoning on the southeast corner of Hugh and Norfolk Avenue in the northeast 1/4 of Section 2 from RUF to R-4, the City Planning Com- mission having in its resolution #5-63-69 recommended to the City Council that Petition 69-3-1-8 be approved; 10585 (f) 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, the City Planning Commission having in its resolution #5-64-69 recommended to the City Council that Petition 69-3-1-11 be approved; (g) Petition No. 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, the City Planning Commission having in its resolution #5-61-69 recommended to the City Council that Petition 69-3-1-6 be approved; and further that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement, indicating the nature and location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia, as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected; and the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #668-69 RESOLVED, that having considered a communication from the Department of Law dated June 3, 1969 and submitted pursuant to Council resolution #269-69 wherein certain amendments to the zoning ordinance are submitted relating to site plan, conditional use or waiver use approvals, the Council does hereby determine to refer the same to the Legislative Committee for its report and recommendation. Councilman Ventura introduced the following Ordinance: AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Pet. No. 69-5-3-3) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was 10586 #669-69 RESOLVED, that having considered a communication dated June 3, 1969 from James Sutherland which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on May 27, 1969 by the City Planning Commission in its resolution #5-78-69 with regard to Petition 69-4-2-11 submitted by James Sutherland, requesting permission to construct a restaurant as a waiver use on property zoned C-2 and located on the south side of Seven Mile Road between Middlebelt and Maplewood in Section 12, the Council does hereby designate July 9, 1969 at 7:00 P. M. as the date and time for conducting a Public Hearing in this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to do all things neces- sary in order to give proper notice in writing as well as by the publica- tion of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. By Councilman Kleinert, seconded by Councilman Ventura, it was #670-69 RESOLVED, that having considered a communication dated June 2, 1969 from Jet-Slide, Inc. which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on May 27, 1969 by the City Planning Commission in its resolution #5-77-69 with regard to Petition 69-4-2-10 submitted by Jet-Slide, Inc., requesting permission to construct a jet slide on property zoned C-2 and located at the Livonia Mall (west side of Middlebelt) between St. Martins and Seven Mile Road in Section 2, the Council does hereby designate July 9, 1969 at 7:00 P. M. as the date and time for conducting a Public Hearing in this matter, such hearing to be held at the City Hall, 33001 Five Mile Road, Livonia, Michigan; and the City Clerk is hereby requested to do all things necessary in order to give proper notice in writing as well as by publica- tion of a notice in the City's official newspaper of such hearing and the date and place thereof in compliance with the requirements set forth in Ordinance No. 543, as amended, the Zoning Ordinance of the City of Livonia. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, Ventura and McNamara. NAYS: McCann and Nash. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Milligan, it was WHEREAS, pursuant to due and proper notice, published and mailed to all property owners in Special Assessment District No. , for the installation of sidewalks along both sides of Farmington Road from Schoolcraft to Five Mile Road 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 10587 having been held thereon on Wednesday, May 28, 1969 at 7.00 P. M., 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 improvements to be constructed in Special Assessment District No. ; 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 said Special Assessment Roll dated April 15, 1969, in the amount of $44,656.68, 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. 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 60 days after December 1, 1969. 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, 1970 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 December 1, 1969 pay the whole or any part of the assessment without interest or penalty; (5) The first installment shall be spread upon the 1970 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 60 days after December 1, 1969 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; 10588 L (6) The City Council having determined to pay the entire cost of the City's share within the said district, the sum of $5,000.00 is hereby authorized to be expended from the $9,800,000.00 General Obligation Street- Road Bond Issue to cover the City's cost of said project. By Councilman Ventura, seconded by Councilman McCann, it was #671-69 RESOLVED, that the Council does hereby determine to table action with respect to the proposed Special Assessment District for the installa- tion of sidewalks along both sides of Farmington Road, from Schoolcraft to Five Mile Road, until such time as all members of the Council are present. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan and McNamara. NAYS: Kleinert and Ventura. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman McCann, it was #672-69 RESOLVED, that having considered a communication from residents on Deering Avenue dated May 23, 1969 and before determining to install street lights in the area referred to in the aforesaid communication in Section 36 of the City of Livonia, the cost of which is to be defrayed by special assessment, the City Engineer is hereby requested to ascertain the assessed valuation of all property affected by the proposed improvement, the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are now vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate of the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assess- ments may be paid and the lands which should be included in the proposed special assessment district, pursuant to the provisions of Section 3.03 and 4.01 of Ordinance No. 401, as amended. By Councilman Ventura, seconded by Councilman McCann, it was RESOLVED, that the matter of installing street lights on Deering Avenue is hereby tabled until such time as a poll is taken in the district as to whether or not the majority of the residents on the said street are in favor of the same. L A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann and Ventura. NAYS: Nash, Milligan, Kleinert and McNamara. The President declared the resolution denied. 10589 A roll call vote was taken on the original resolution with the following result: im AYES: Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: McCann. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #673-69 RESOLVED, that having considered a communication from certain residents living on Savoie and Grove Avenues received by the City Clerk on May 26, 1969 wherein a request is made for the installation of a street light at the intersection of Savoie and Grove, the Council does hereby refer the same to the City Engineer for its report and recommenda- tion. By Councilman Ventura, seconded byCouncilman Nash, and unanimously adopted, it was #674-69 RESOLVED, that having considered a communication from the President of the Washington School PTA dated May 26, 1969 wherein a request is made for the installation of a traffic signal light or a skywalk at the school crossing on Ann Arbor Road and Hix Road, the Council does hereby refer the same to the Traffic Commission as well as the City Engineer for their respective reports and recommendations. By Councilman Kleinert, seconded by Councilman Ventura, it was #675-69 RESOLVED, that having considered communications dated April 29, 1969 and May 9, 1969 from Ira Wilson, attorney, for a Quik Pik Food Store, Inc., 20600 Glenhill Court, Birmingham, Michigan, and also having considered a communication dated April 22, 1969 from Mr. Joseph Fernandez, 14834 Woodworth, Detroit, Michigan, 48239, and in accordance with the provisions of Act 288 of the Public Acts of 1967, as amended, the Council does hereby approve of dividing Lot 151 of Park Woods Subdivision into the following Parcels, the legal descriptions of which shall read as follows : PARCEL A Lot 152 and south 110 feet of Lot 151 of Park Woods Subdivision of Northeast 1/4 of Section 13, Town 1 South, Range 9 East, Livonia Township Wayne County, Michigan; and PARCEL B Lot 151 of Park Woods Subdivision of Northeast 1/4 of Section 13, Town 1 South, Range 9 East, Livonia Township, Wayne County, Michigan, according to the plat thereof as recorded in Liber 67, Page 13, Wayne County Records, excepting the South 110 feet thereof, 10590 Las shown on the map attached to the aforesaid petition which is made a part hereof by this reference; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #676-69 RESOLVED, that having considered a communication from the Water and Sewer Board dated May 19, 1969 and approved for submission by the Mayor which transmits its resolution WS #1216 t 5/69 with respect to the installation of a new FM-CT Meter at Schoolcraft College, the Council does hereby authorize the purchase of a new FM-CT Meter Device for the sum of $2,386.70 the same to be installed at Schoolcraft College in the manner indicated in the aforesaid communication, further, the Council does hereby request the City Clerk and City Treasurer to do all things necessary and incidental to the full performance of this resolution. L A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Nash, Kleinert, Ventura and McNamara. NAYS: *Milligan *At this point, the roll call was halted and the following motion was offered: By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that having considered a communication from the Water and Sewer Board dated May 19, 1969 and approved for submission by the Mayor which transmits its resolution WS #1216 5/69 with respect to the installation of a new FM-CT Meter at Schoolcraft College, the Council does hereby determine to table this matter to the next study session of the Council. A roll call vote was taken on the tabling resolution with the following result: AYES: Milligan. NAYS• McCann, Nash, Kleinert, Ventura and McNamara. L The President declared the tabling resolution denied, and the roll call on Council Resolution #676-69 was then continued, and declared adopted. 10591 By Councilman Nash, seconded by Councilman Kleinert, it was #677-69 RESOLVED, that having considered a communication from the Livonia Housing Commission dated June 6, 1969, approved for submission by the Mayor with regard to the salary of the Director-Secretary of the Housing Commission, the Council does hereby advance the sum of $831.00 from General Funds of the City for the balance of this Fiscal Year for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: McCann, Nash, Kleinert and McNamara. NAYS: *Milligan and **Ventura. The President declared the resolution adopted. *Councilman Milligan made the following statement: My 'no' vote is cast because of the financial status of the City, and not against the salary increase. **Councilman Ventura made the following statement: My 'no' vote is not cast against the granting of the raise, but for the reason that the City is running out of funds. By Councilman Milligan, seconded by Councilman Nash, it was #678-69 RESOLVED, that having considered a communication dated May 29, 1969 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor and having also considered a communication dated April 16, 1969 from the Department of Law to which is attached a communication dated April 10, 1969 from Harry S. Wolfe, Realtor, wherein an offer is made to sell property situated at 33107 Five Mile Road, commonly referred to as the McCabe property, the legal description of which is as follows : That part of the Northwest 1/4 of Section 22, described as : Beginning at a point on the north line of said Section 22, South 88 degrees 29 minutes East 504.0 feet from the Northwest corner of Section 22, and proceeding thence South 1 degree 25 minutes west 405.78 feet, thence South 88 degrees 29 minutes East 126.0 feet; thence North 1 degree 25 minutes East 405.78 feet to the North line of Section 22, thence North 88 degrees 29 minutes West along said line 126.0 feet to the point of beginning. the Council does hereby determine to authorize the Department of Law to acquire the aforesaid property at the price of $40,000.00 and does further authorize the expenditure of $40,000.00 and not to exceed $535.00 for the proration of the 1968 City, County and school taxes applicable to this property; and the Council does hereby authorize the expenditure of the aforesaid sums from the $9,800,000.00 General Obligation Street Improve- ment 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. 10592 A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, and unanimously adopted, it was #679-69 RESOLVED, that the Council does hereby request the Department of Public Works to cause the property located at 33107 Five Mile Road, commonly referred to as the McCabe property, to be boarded up so that no further vandalism may occur at the same. By Councilman Ventura, seconded by Councilman Milligan, it was #680-69 RESOLVED, that having considered a communication dated May 28, 1969 from the City Planning Commission which transmits its resolution #5-59-69 adopted by the Commission on May 13, 1969 with regard to Petition No. 69-3-2-7, submitted by Simone Corporation in behalf of the Michigan Home for the Armenian Aged requesting permission to construct and operate a home for the aged as a waiver use on property zoned P-S on property located on the west side of Middlebelt Road south of Wentworth Avenue in the southeast 1/4 of Section 14, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition No. 69-3-2-7 is hereby approved and granted, such action to be based upon the same conditions that are set forth in the aforesaid recommendation of the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman McCann, it was #681-69 RESOLVED, that having considered a communication from Rodney C. Kropf, attorney, dated June 11, 1969 requesting site plan approval in behalf of St. Paul's Evangelical Lutheran Church for the construction of a new church as a waiver use on Farmington Road south of Curtis in order to satisfy the conditions set forth in council resolution #268-69, the Council does hereby approve said Site Plan as herein submitted. A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Milligan, and unanimously adopted, it was 10593 #682-69 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 Kleinert, and unanimously adopted, it was #683-69 RESOLVED, that the Council does hereby determine to conduct its regular meetings for the month of July, 1969 on the following dates: Wednesday, July 9, 1969 Wednesday, July 23, 1969 By Councilman Kleinert, seconded by Councilman Nash, and unanimously adopted, it was #684-69 RESOLVED, that having considered the report of the Committee of the Whole dated June 16, 1969, with regard to CR-709-67 in connection with a meeting of the Committee of the Whole with the Chairman of the Michigan Liquor Control Commission relating to the policy pertaining to the issuance of SDD and SDM Licenses, the Council does hereby determine to take no further action with respect to this item at this time. By Councilman Nash, seconded by Councilman Kleinert, it was #685-69 RESOLVED, that the Council having considered with the Charter Revisions Committee the matter of the two-year residency requirement set forth in Chapter 5, Section 3 in the City Charter, the Council does hereby request that the Department of Law prepare an amendment to such Section so as to reduce the said requirement to one year. A roll call vote was taken on the foregoing resolution with the following result: AYES : McCann, Nash, Milligan, Kleinert and McNamara. NAYS: Ventura. The President declared the resolution adopted. The following resolution was unanimously offered, supported and adopted: #686-69 RESOLVED, that having considered the request from the Detroit Racing Association, Inc., dated June 12, 1969 to have a fireworks display on July 4, 1969, the Council does hereby grant permission to the Detroit Race Course to transport and fire aerial fireworks on the night of July 4, 1969 on property situated in Section 25 of the City of Livonia; provided, however, that this display is to be under the supervision of the Livonia Fire Department and in such area as approved by them, and the City of Livonia, its agents, and its employees will not be responsible for any injuries or damage caused by the fireworks or by the persons using said fireworks; further that the permission herein granted is con- ditioned upon full compliance and adherence to the provisions set forth in Act 358 of Public Acts of 1968, further, that the following insurance requirements be furnished to the City Clerk by the Detroit Racing Association, Inc. relative to this matter with the following minimum amounts : (a) On account of injury to, or death of, any person in any one accident $100,000. 10594 (b) On account of any one accident resulting in injury to, or death of, more than one person $400,000. (c) On account of damage to property in any one accident $100,000. A duplicate copy of the original of such insurance policy shall be approved as to form by the City Attorney and filed with the City Clerk. By Councilman Ventura, seconded by Councilman Kleinert, it was #687-69 RESOLVED, that having considered the report and recommendation of the City Engineer and Assistant City Engineer dated June 11, 1969, approved by the Water and Sewer Commissioner and Director of Public Works and approved for submission by the Mayor, and the attached final con- struction estimate dated May 27, 1969, the Council does hereby authorize final payment in the amount of $931.55 to A & J Construction Company, 31955 Block, Garden City, Michigan, which sum includes the full and complete balance due on a contract dated August 15, 1966, in the amount of $9,680.00 in connection with the construction of an 8" Water Main Extension to Whispering Willows Golf Course, it appearing from the afore- mentioned report that all work on the said contract has been completed in accordance with City standards and specifications, and that the necessary contractor's affidavit, waivers of lien and guaranty have been filed; and the City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: McCann, Nash, Milligan, Kleinert, Ventura and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Nash, and unanimously adopted, this 653rd regular meeting of the Council was duly adjourned at 9:55 P. M. June 18, 1969. ADDISON W. BACON, Ci ..Cler .