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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-05-14 10474 L MINUTES OF THE SIX HUNDRED FORTY-NINTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On May 14, 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 Kleinert delivered the invocation. Roll was called with the following result: Present--Edward H. McNamara, Rudolf R. Kleinert, Peter A. Ventura, Jerry Raymond, Robert F. Nash, Robert E. McCann and Edward G. Milligan. Absent--none. Elected and appointed officials present: Addison W. Bacon, City Clerk, Harry C. Tatigian, City Attorney, Robert A. Shaw, Director of Public Works; Henry Sieferd, City Assessor; William J. Strasser, City Engineer; Donald Nicholson, Direc- tor of Public Safety; Marie Talbot, Court Clerk-Administrator, Victor C. Phillips, Budget Director; John Nagy, Assistant City Planner; John T. Dufour, Superintendent L of Parks and Recreation; James Miller, Personnel Director, Carl Demek, Superintendent of Operations Division, Robert Colomina, Planning Commission, and Robert Bennett of the Zoning Board of Appeals. By Councilman Kleinert, seconded by Councilman Ventura, and unanimously adopted, it was #517-69 RESOLVED, that the minutes of the 648th regular meeting of the Council of the City of Livonia, held May 7, 1969, are hereby approved. By Councilman Raymond, seconded by Councilman Ventura, it was #518-69 RESOLVED, that having considered a communication from the Judges of the District Court, dated May 12, 1969, the Council does hereby determine as follows: A. that the sum of $1,000.00 is hereby transferred from Account 113-34, Transcript Fee Account, to Account 113-31, Jury and Witness Fee Account; and L B. that the sum of $200.00 is hereby transferred from Account 113-34, Transcript Fee Account, to the newly established Account 113-45A, Court Recorder Supplies Account. 10+75 LA roll call vote was taken on the foregoing resolution with the following result. AYES : Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman McCann, it was #519-69 RESOLVED, that having considered the report and recommendation of the Director of Public Safety, dated May 12, 1969, approved by the Budget Director and approved for submission by the Mayor, the Council does hereby accept the bid of Colony-Chrysler-Plymouth, Incorporated, for supplying the Division of Police with 12 marked police vehicles - 4 dr. hardtop sedans, for a total price of $17,469.96, the same having been in fact the lowest bid received, meeting specifications, with respect to this item. By Councilman Milligan, seconded by Councilman Raymond, it was RESOLVED, that having considered the report and recommendation of the Director of Public Safety, dated May 12, 1969, approved by the Budget Director and approved for submission by the Mayor, with respect to the purchase of 12 marked police vehicles - 4 dr. hardtop sedans, the Council does hereby refer this matter to the Committee of the Whole. LA roll call vote was taken on the foregoing resolution with the following result: AYES : Ventura, Nash and Milligan. NAYS: Kleinert, Raymond, McCann and McNamara. The President declared the resolution denied. A roll call vote was taken on the original resolution with the following result. AYES: Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS : *Milligan. The President declared the resolution adopted. *Councilman Milligan made the following statement: My 'no' vote is cast because I believe that these 4-door hardtop sedans are inherently unsafe. By Councilman Kleinert, seconded by Councilman Raymond, it was #520-69 WHEREAS, it is hereby determined that it is necessary to borrow the sum of $225,000.00 in anticipation of the collection of taxes for L capital improvement for the next succeeding fiscal year ending November 30, 1970, which taxes are first due and payable on December 1, 1969, for the purpose of obtaining funds for capital improvements, and 10476 lip WHEREAS, Act No. 202 of the Public Acts of 1943, authorizes the borrowing of money in anticipation of the collection of the unpaid tax for such capital improvements as can be legally and properly provided for in the budget for the next succeeding fiscal year, in an amount not to exceed the sum or sums provided in the resolutions to be levied for such improvement or improvements; and WHEREAS, outstanding loans against the next succeeding fiscal year's taxes for capital improvements are none; NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia, borrow for the above purpose the sum of $225,000.00 or such part thereof as the Municipal Finance Commission may authorize, and issue the notes of the City therefor in anticipation of the collection of the taxes for capital improvement for the next succeeding fiscal year ending November 30, 1970; and BE IT FURTHER RESOLVED, that the City Clerk be and he is hereby authorized to make application to the Municipal Finance Commission for and on behalf of the City for an order permitting the City to borrow $225,000.00 and issue its notes therefor as aforesaid; and BE IT FURTHER RESOLVED, that said issue shall consist of nine (9) notes of the denomination of $25,000.00 each• Provided, However, that the purchaser thereof may designate denominations of a greater or lesser principal amount; and BE IT FURTHER RESOLVED, that said notes bear interest at not to exceed five per cent (5%) per annum, be dated July 1, 1969, and be due and payable April 1, 1970, which is the estimated time of collection of a sufficient amount of taxes for capital improvement for the next succeed- ing fiscal year to pay the notes in full; and BE IT FURTHER RESOLVED, that said notes shall not be subject to redemption prior to maturity. BE IT FURTHER RESOLVED, irrevocably, that a tax shall be levied in the amount of $250,000.00 in the next succeeding fiscal year for the purpose of capital improvements for which the above loan is to be made and that such loan shall be paid from the receipts of the taxes levied for capital improvement for the said next succeeding fiscal year. BE IT FURTHER RESOLVED, that hereafter from the first collections of the taxes for the next succeeding fiscal year there shall be set aside in a special fund to be used for the payment of principal and interest on said notes, that per cent of such collections which the tax levied for capital outlay bears to the total levy, and until the amount so set aside shall be sufficient for such payment, collections of such taxes to be so set aside shall be used for no other purpose. BE IT FURTHER RESOLVED, that the said notes shall be payable in lawful money of the United States of America at such bank or trust company in the State of Michigan qualified to act as paying agent as shall be designated by the original purchaser. 10477 BE IT FURTHER RESOLVED, that the Mayor, City Treasurer and City Clerk of the City of Livonia be and they are hereby authorized and directed to execute said notes for and on behalf of the City and that upon the execution of said notes the same shall be delivered to the Treasurer of the City who is authorized and directed to deliver said notes to the pur- chaser thereof, upon the receipt of the purchase price therefor. BE IT FURTHER RESOLVED, that the said notes shall be sold at public sale, that sealed proposals for the purchase of $225,000.00 Notes to be issued in anticipation of the receipt of the 1969 Tax, be received up to 7:00 o'clock p.m. , Eastern Standard Time, on a date to be hereafter determined, and that notices thereof be published in accordance with law in the Michigan Investor, Detroit, Michigan, a publication printed in the English language and circulated in the State of Michigan, and which carries as a part of its regular service, notices of sale of municipal bonds and notes, and in the Livonia - Observer, a newspaper of general circulation in said City, which notice shall be in substantially the following form: OFFICIAL NOTICE OF SALE $225,000.00 CITY OF LIVONIA COUNTY OF WAYNE, MICHIGAN NOTES Sealed bids for the purchase of tax anticipation notes of the City of Livonia, Michigan, of the par value of $225,000.00 will be received by the undersigned at the City Hall, 33001 Five Mile Road, Livonia, Michigan, until 7:00 o'clock p.m. , Eastern Standard Time, on the day of , , at which time and place they will be publicly opened and read. The notes will be dated July 1, 1969, will mature April 1, 1970, and will bear interest at a rate or rates not exceeding five per cent (5%) per annum. Both principal and interest will be payable at a bank or trust company located in the State of Michigan, qualified to act as paying agent, to be designated by the purchaser. Said issue shall consist of nine (9) notes of $25,000.00 each. Provided, However, that the pur- chaser may designate denominations in greater or lesser amounts. Accrued interest to date of delivery of such notes must be paid by the purchaser at the time of delivery. Said notes shall not be subject to redemption prior to maturity. For the purpose of awarding the notes the interest cost of each bill will be computed by determining, at the rate or rates specified there- in, the total dollar value of all interest on the notes from to their maturity and deducting therefrom any premium. The notes will be awarded to the bidder whose bid on the above computation produces the lowest interest cost to the City. No proposal for the purchase of less than all of the notes or at a price less than their par value will be considered. 10+78 The loan is in anticipation of the Capital Improvement Tax due L and payable December 1, 1969. Envelopes containing the bids should be plainly marked "Proposal for Notes." A certified or cashier's check in the amount of 2% of the par value of the notes, drawn upon an incorporated bank or trust company and payable to the order of the Treasurer of the City of Livonia must accompany each bid as a guarantee of good faith on the part of the bidder. Checks of unsuccessful bidders will be promptly returned. Bids shall be conditioned upon the unqualified opinion of Miller, Canfield, Paddock and Stone, attorneys of Detroit, Michigan, the cost of which shall be paid by the City. The purchaser shall furnish notes ready for execution at his expense. Notes will be delivered at Detroit, Michigan. The right is reserved to reject any and all bids. Clerk, City of Livonia APPROVED: STATE OF MICHIGAN LMUNICIPAL FINANCE COMMISSION BE IT FURTHER RESOLVED, that the City Clerk be and he is hereby authorized and directed to forward the foregoing notice of sale to the Municipal Finance Commission, Lansing, Michigan, 48900, for its approval BE IT FURTHER RESOLVED, that all resolutions and parts of resolutions insofar as the same may be in conflict herewith are hereby rescinded. A roll call vote was taken on the foregoing resolution with the following result. AYES : Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS : None. The communication from the Department of Law, dated April 25, 1969, with respect to Circuit Court Civil Action No. 90473, Vaughan Hinbern, Thelma Hinbern, et al vs. City of Livonia, was received and filed for the information of the Council. The communication from the Planning Commission, dated April 2, 1969, which Ltransmits a clipping from the Detroit News with respect to "Achieving the goals of orderly growth & development in a community" was received and filed for the information of the Council. 10+79 By Councilman Ventura, seconded by Councilman Kleinert, it was #521-69 RESOLVED that, Lowell Construction Company, 9300 Dix Avenue, Dearborn, Michigan 48120, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivi- sion: Tiffany Park Subdivision No. 4, located in the S. W. 1/4 of Section 19, City of Livonia, the said proposed preliminary plat being dated May 16, 1967, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a public hearing on November 12, 1968; and it further appearing that such preliminary plat, together with Development Plans and Specifica- tions for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that depart- ment dated April 30, 1969; therefore, the City Council does hereby approve of the said preliminary plat on the following conditions : (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, including the Plat Ordinance, Ordinance No. 500, as amended, the subdivision regulations of the Planning Commission; the regulations and specifications of the Department of Public Works and the development plans submitted by the proprietor and approved by such Department, all such improvements to be constructed, installed, accomplished and completed within a period of two (2) years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid in the time and manner provided in the said Plat Ordinance, as amended; (3) That the installation of such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in Section 7.03 of said Plat Ordinance, as amended; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved development plans, (5) That the following cash payments be made to the City: a) Trees $ 2,719.43 b) Traffic Control Signs 209.25 c) Street Name Signs 300.00 d) Plan review, field inspection and administration (5% before contingencies) 10,474.84 { e) Survey Monuments (Cash Escrow) 3,030.00 (6) That the final true record plat of the aforesaid subdivision shall be submitted and must receive final approval of the City Planning Commission as evidence that such plat is in compliance with existing subdivision regulations, 10480 (7) That the final true plat of the aforesaid subdivision shall be submitted and must receive the final approval of the City Council within two (2) years from the effective date of this resolution, the City Council shall approve final plats of the aforesaid proposed subdivision if drawn in substantial conformity with the proposed plat as approved herein and provided there has been compliance with all other requirements of the Plat Act, Plat Ordinance, and this resolution. (8) That, for the purpose of obtaining approval of final plats prior to the completion of all required improvements, the proprietor may file with the City of Livonia, surety bond, certified check, cash bond or other financial assurance in such form as may be approved by the Department of Law, guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period, that in the event the proprietor elects to deposit such financial assurances, the same shall be in the following amounts: General Improvement Bond - $206,000.00, of which at least 10,000.00 shall be in cash Sidewalk Bond - $ 24,500.00, of which at least 4,900.00 shall be in cash. (9) That the distribution lines for telephones and electric service are to be placed underground and ornamental street lights are to be provided throughout the subdivision, in accordance with City Ordinances. A roll call vote was taken on the foregoing resolution with the following result AYES : Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS : None. By Councilman Kleinert, seconded by Councilman McCann, it was #522-69 RESOLVED, that the preliminary plat of the proposed Dover Courts Subdivision No. 2, situated in the Southwest 1/4 of Section 31, City of Livonia, Wayne County, Michigan, having received the tentative approval of the City Planning Commission on November 12, 1968 by its resolution #11-136-68, and approved by the City Council on March 26, 1969 by its resolution #350-69, and a report dated April 10, 1969 from the City Engineer, approved by the Director of Public Works, indicating that sub- stantial compliance has been made with the conditions upon which the preliminary plat was approved by the Council, and the City Planning Com- mission having approved the final plat on May 13, 1969 in its resolution #5-71-69, the Council does hereby determine to grant its approval to the Final Plat of Dover Courts Subdivision #2, located in the Southwest 1/4 of Section 31, City of Livonia, Wayne County, Michigan, as submitted by Green, Ettenheimer, Farber, Binkow Company, 14201 West Eight Mile Road, Detroit, Michigan 48235, as proprietors, the proprietors thereof being required to do all things necessary to obtain full compliance with the Subdivision Control Act of Michigan of 1967, as amended, the Plat Ordinance of the City of Livonia, Ordinance No. 500, as amended, and the resolutions of the City Council of the City of Livonia, Michigan. 10481 L A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #523-69 RESOLVED, that having considered the report and recommendation of the Water & Sewer Board, dated May 1, 1969 approved for submission by the Mayor, which transmits its resolution #WS 1206 4/69 with respect to bids received for water meters, meter reading devices and meter moderniza- tion, the Council does hereby determine to accept the following bids with respect to the following items, for the following indicated prices : 1. Meters with outside meter reading device. A. Magnetic-Disc Type with Connections. (1) 5/8" meters with outside meter reading device. Accept the bid of Rockwell Manufacturing Company, 4533 North Avenue, Melrose Park, Illinois, 60160, in the amount of $42.79 each, the same having been in fact the lowest bid received with respect to this item; provided, however, that if Rockwell Manufacturing Company is unable to make delivery upon demand the L bid will then go to the next lowest bidder, Badger Meter Manufacturing Company, 4545 W. Brown Deer Road, Milwaukee, Wisconsin, 53223, in the amount of $43.00 each. (2) 3/4" meters with outside reading device - magnetic disc type with connections. Accept the bid of Badger Meter Manufacturing Company, 4545 W. Brown Deer Road, Milwaukee, Wisconsin, 53223, in the amount of $60.00 each, the same having been in fact the lowest bid received with respect to this item. (3) 1" meters with outside reading device - magnetic disc type with connections. Accept the bid of Badger Meter Manufacturing Company, 4545 W. Brown Deer Road, Milwaukee, Wisconsin, 53223, in the amount of $83.91 each, the same having been in fact the lowest bid received with respect to this item. (4) 1-1/2" meters with outside reading device - magnetic disc type with connections. Accept the bid of Badger Meter Manufacturing Company, 4545 W. Brown Deer Road, Milwaukee, Wisconsin, 53223, in the amount of $149.92 each, the same having been in fact the lowest bid received with respect to this item. 3i 10482 B. Compound Meters The Council does hereby determine to accept the bid of Badger Meter Manufacturing Company, 4545 W. Brown Deer Road, Milwaukee, Wisconsin, 53223, as the lowest bidder meeting specifications on the following items in the following amounts: 2" Compound Meters @ $ 388.00 each 3" Compound Meters @ 584.50 each 4" Compound Meters @ 969.57 each 6" Compound Meters @ 1946.00 each 2. Standard Read-O-Matic Accept the bid of Badger Meter Manufacturing Company, 4545 W. Brown Deer Road, Milwaukee, Wisconsin, 53223, as the low bidder on the following items in the following amounts: 5/8" Standard Read-o-matic meters @ $ 16.48 each 3/4" Standard Read-o-uratic meters @ 16.48 each 1" Standard Read-o-uratic meters @ 16.48 each 1-1/2"Standard Read-o-matic meters @ 16.48 each 3. Modernizing Water Meters. Accept the bid of Badger Meter Manufacturing Company, 4545 W. Brown Deer Road, Milwaukee, Wisconsin, 53223, as the low bidder on the following items in the following amounts: A. Modernizing Old Meters 5/8" Meter @ $ 18.76 each 3/4" Meter @ 28.77 each 1" Meter @ 42.69 each 1-1/2" Meter @ 68.47 each B. Modernizing Old Meters and Installing Read-o-matic 5/8" Meter @ $ 27.74 each 3/4" Meter @ 37.75 each 1" Meter @ 51.67 each 1-1/2" Meter @ 77.45 each 4. Full Flow Meters (with compound meter by-pass). Accept the bid of Hersey-Sparling Meter Company, Dedham, Massachusetts, 02026, as the sole bidder on the following items in the following amounts . 4" Meters @ $ 889.25 each 6" Meters @ 1598.60 each 8" Meters @ 2386.70 each 10" Meters @ 3419.50 each 10483 5. Detector Check (with by-pass meter) with flanges. Accept the bid of Hersey-Sparling Meter Company, Dedham, Massachusetts, 02026, as the sole bidder on the following items in the following amounts : 4" Meters @ $ 367.25 each 6" Meters @ 552.60 each 8" Meters @ 799.70 each 10" Meters @ 1488.50 each. A roll call vote was taken on the foregoing resolution with the following result AYES. Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #524-69 RESOLVED, that having considered the report and recommendation from the Water & Sewer Board, dated April 22, 1969, approved for submission by the Mayor, which transmits its resolution #WS 1197 3/69 with respect to bids received for water hydrants, parts and fittings, the Council does hereby determine to accept the following bids in the following amounts 1. East Jordan Iron Works, Inc., 13011 Northend Avenue, Oak Park, Michigan, 48237 for: 20 - Detroit Standard Water Hydrants with Carroll Drain, 5' Bury @ $232.50 each = $4650.00 20 - 12" x 6" Mechanical Joint Tapping Sleeve and Valve,Detroit Standard, @ $262.20 ea. 5244.00 TOTAL $ 9894.00 2. Michigan Hydrant & Valve Company, P. 0. Box 357, Dearborn, Michigan, 48121, for: 20 - 5-1/4" Hydrant Valve Boxes w/#4 Base @ $20.90 ea. $ 418.00 TOTAL $ 418.00 the same having been in fact the lowest bids received with respect to these items. A roll call vote was taken on the foregoing resolution with the following result- AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. 10484 By Councilman McCann, seconded by Councilman Kleinert, it was #525-69 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, Director of Public Works and the Budget Director, dated April 24, 1969, approved for submission by the Mayor, with respect to bids received for a float tractor, the Council does hereby determine to accept the bid of W. F. Miller Garden & Lawn Equipment Company, 1593 S. Woodward Avenue, Birmingham, Michigan 48012, for supply- ing the Parks Section of the Operations Division with one (1) new current Model, Jacobsen G-10 Float Tractor at a net price of $2986.90, less $700.00 trade-in of a 1962 Ford Tractor, Model 20305, DPW Veh. #273, for a total cost of $2286.90, the same having been in fact the lowest bid received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result. AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #526-69 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director, dated April 29, 1969, approved for submission by the Mayor, with respect to bids received for a truckster scooter, the Council does hereby determine to accept the bid of Anderson's Vehicle Sales, Inc. , 16100 Schaefer Road, Detroit, Michigan 48235, for supplying the Golf Course Section of the Operations Division with one (i) new Cushman Model 880718 Truckster Scooter at a net price of $1795.00, less $145.00 trade-in on a 1967 Cushman Lobster Motor Scooter, Ser. #1050, DPW Equipment #651, for a total cost of $1650.00, the same having been the lowest bid received with respect to this item; further, the Council does hereby authorize the additional expenditure of $255.00 from the Golf Course Fund, there being sufficient appropriation available within the Capital Outlay Account for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #527-69 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director, dated May 7, 1969, approved for submission by the Mayor, the Council does hereby determine to accept the bid of Orsco, Inc., 59 Selden Avenue, Detroit, Michigan, 48201, for supplying the Operations Division with 600 feet of 2-1/2" I.D. "Bostron" Fire Hose with Detroit Fire Department couplings, at a cost of $86.50 per 50 foot length, for a total of $1038.00, the same having been in fact the lowest bid received with respect to this item. 10485 A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman Nash, it was #528-69 RESOLVED, that having considered the report and recommendation of the Superintendent of Operations, the Director of Public Works and the Budget Director, dated May 7, 1969, approved for submission by the Mayor, the Council does hereby determine to accept the bid of Plymouth Concrete & Supply Company, 935 S. Mill Street, Plymouth, Michigan, 48170, for supplying the Operations Division with Ready Mix Concrete for the period from June 1, 1969 through May 31, 1970, at the following prices : 6 bag mix at $16.00 per cubic yard 5 bag mix at $15.00 per cubic yard 4 bag mix at $14.00 per cubic yard the same having been in fact the lowest bid received with respect to this item. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #529-69 RESOLVED, that the Council having considered a communication dated April 30, 1969 from the City Engineer, approved by the Mayor and the Director of Public Works, wherein the City Engineer has ascertained the assessed valuation of all property affected by the proposed installa- tion of ornamental street lighting with underground wiring in the area of Hearthstone Subdivision#112 and Pembrent Subdivision in Section 1, in the City of Livonia, Wayne County, Michigan, and such report having indicated the number of parcels which show tax delinquencies, the number of parcels owned by public authorities, the number of parcels which are vacant, and to prepare and cause to be prepared, plans and specifications therefor and an estimate for the cost thereof, and to file the same with the City Clerk together with his recommendation as to what proportion of the cost should be paid by special assessment and what part, if any, should be a general obligation of the City, the number of installments in which assessments may be paid and the lands which should be included in the proposed special assessment district, and it appearing to the Council that all of such information, estimate, plans and specifications and recommendations have been properly filed by the City Engineer with the City Clerk under date of April 30, 1969 and that there has been a full compliance with all of the provisions of Section 3.03 and Section 3.01 lo486 of Ordinance No. 401, as amended, entitled "An Ordinance to Provide for the Making of Public Improvements, Defraying the Expense Thereof by Special Assessment and a Special Assessment Procedure," the Council does hereby set Wednesday, June 11, 1969, at 7:00 P. M. as the date and time for a public hearing on the necessity for such proposed improvement, which public hearing shall be held before the Council in the City Hall, 33001 Five Mile Road, Livonia, Michigan, pursuant to Section 3.04 of said Ordinance No. 401, as amended, and the City Clerk is hereby authorized to give notice and publication of such hearing as is required by Section 3.04 of said ordinance. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #530-69 WHEREAS, pursuant to the direction of the City Council in its resolution #1244-68 adopted on October 30, 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 April 30, 1969 an assessment roll dated April 30, 1969 covering the installation of a street lighting system in Country Homes Estates Subdivision No. 3, Bureau of Taxation Parcels 08R2 and 08P2, located in the S.E. 1/4 of Section 8, and Lots 276 and 277 of Denmar Estates Subdivision of part of the South 1/2 of Section 8, City of Livonia, Wayne County, Michigan, containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district hereto- fore established for the construction and operation of the proposed improvement in said district as designated in the said resolution #1244-68, 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 at 7:00 P. M. on Wednesday, June 11, 1969, 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 June 11, 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 Nash, seconded by Councilman Raymond, and unanimously adopted, it was 10487 #531-69 WHEREAS, pursuant to the direction of the City Council in its resolution #227-69 adopted on March 5, 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 April 29, 1969 an assessment roll dated April 29, 1969 covering the completion of the pavement on the west side of Henry Ruff Road immediately north of Lyndon Avenue (northwest corner) 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 #227-69, 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 at 7:00 P. M. on Wednesday, June 11, 1969, 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 June 11, 1969; the City Clerk is also directed to give notice of said hearing bf 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 Councilman Nash introduced the following Ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 457 KNOWN AND CITED AS THE "FENCE ORDINANCE OF THE CITY OF LIVONIA," BY AMENDING SECTION 3.02 OF ARTICLE III 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 here;n. The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. 10488 LThe item on the agenda relative to the proposed amendment to the Zoning Ordinance and Map, submitted by the Department of Law with respect to Petition No. 68-7-1-29 for change of zoning from RUF to P, C-i and from RUF & C-1 to P.S. in Sections 13 and 24, was removed and will be considered at the study session of the Council to be held May 28, 1969. Councilman Ventura introduced 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: PETITION 68-11-1-41 FOR CHANGE OF ZONING FROM R-1 to C-2. 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. imp The above Ordinance was placed on the table for consideration at the next regular meeting of the Council. Councilman Ventura introduced the following Ordinance. AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND PET. No. 68-12-3-13 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 Ventura, it was #532-69 RESOLVED, that having considered the recommendation of the City Engineer, by the Assistant City Engineer, dated April 23, 1969, approved by the Director of Public Works and approved for submission by the Mayor, and it appearing from the aforementioned communication that the necessary L contractor's affidavit and the maintenance and guarantee bonds have been filed, the Council does hereby authorize Final Payment in the amount of $827.70 to Harm Fox, Inc., 28150 Hayes, Roseville, Michigan 4+8066, which 10489 sum represents the balance due on a contract between that company and the City of Livonia, dated November 13, 1968, for clearing and grubbing the Industrial Road in Sections 28 and 29; and the City Clerk and City Treasurer are hereby authorized to do all things necessary 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, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, it was #533-69 RESOLVED, that having considered a communication dated April 30, 1969 from the Department of Law transmitting for Council acceptance certain documents, said doc»mPnts being more particularly described as : 1. Quit Claim Deed dated March 31, 1969, executed by Tom Ellis, Inc., a Michigan Corporation, by its president Tom Ellis, conveying: That part of the NE 1/4 of Section 28, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the N & S 1/4 line of Section 28 distant S 0° 41' 44" W, 1305.91 feet from the N 1/4 corner of said section and pro- ceeding thence S 83° 33' 02" E, 100.49 feet; thence S 0° 41' 44" W, 20 feet; thence N 89° 15' 42" W, 99.98 feet; thence N 0° 41' 44" E along the N & S 1/4 line of Section 28, 30 feet to the point of beginning. (Bureau of Taxation Parcel 823a) (Industrial Road dedication) 2. Quit Claim Deed dated April 10, 1969, executed by Thomas L. Ellis, d/b/a Tom Ellis Grading Contractor and Arleen E. Ellis, his wife, conveying: That part of the NE 1/4 of Section 28, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the North and South 1/4 line of Section 28 distant S 0° 41' 44" W, 1305.91 feet from the N 1/4 corner of said section and proceeding thence S 83° 33' 02" E, 100.49 feet; thence S 0° 41' 44" w, 20 feet; thence N 89° 15' 42" W, 99.98 feet; thence N 0° 41' 44" E along the North and South 1/4 line of Section 28, 30 feet to the point of beginning. (Bureau of Taxation Parcel 823a) (Industrial Road dedication) 3. Quit Claim Deed dated April 10, 1969, executed by The Livonia Inns by H. A. Hemminger, conveying: 10490 The north 60 feet of the following described property The west 16.5 feet of the N. W. 1/4 of the N.E. 1/4 of Sec. 35 and the east 148.5 feet of the N. E. 1/4 of the N. W. 1/4 of Sec. 35, T. 1 S. , R. 9 E., Also the west 100 feet of the east 248.50 feet of the north 500 feet of the N. E. 1/4 of the N. W. 1/4 of Sec. 35. (Bureau of Taxation Parcel 35B, Cla). (Plymouth Road dedication) 4. Quit Claim Deed dated April 21, 1969, executed by Abe Green and Rose Green, his wife, and Henry S. Alper, an unmarried man, conveying: The northerly most 60 feet of that part of the north 1/2 of the N. E. 1/4 of Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan described as . Beginning at a point distant N. 89° 49' 46" W., 2010.15' along the north line of Section 35, from the N.E. corner of said Section 35, and proceeding thence S. 00° 10' 14" W., 1111.85' ; thence N. 89° 51' 00" W, 30.00' ; thence N. 11° 24' 45" w., 149.72', thence N. 89° 49' 46" w., 537.75' ; thence N. 00° 14' 03" E. , 665.00' ; thence S. 89° 49' 46" E., 180.00' ; thence N. 00° 14' 03" E., 300.00' ; thence S. 89° 49' 46" E. , 416.75' to the point of beginning. (Plymouth Road dedication) 5. Grant of Easement dated April 11, 1969 executed by Thurman W. Autry and Lillian E. Autry, his wife, conveying: The South 60 feet of Lot 813, Supervisor's Livonia Plat No. 14, as recorded in Liber 70, Page 69, Wayne County Records, said plat being a part of the N. 1/2 of Section 28, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan. (purpose: installation of water and sanitary sewer facilities) 6. Grant of Easements dated February 25, 1969, executed by Allied Supermarkets, Inc., by its vice-president Ted Simon, conveying: (1) An easement of 12 feet in width located in the S. E. 1/4 of Section 27, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan, the centerline of which is described as beginning at a point on the west line of Merriman Road (120 feet in width) distant N. 0° 06' 10" E. 2030.15 feet and N. 89° 34' 40" W. 60 feet from the S. E. corner of Section 27 and pro- ceeding thence N. 89° 34' 40" W. 380 feet to the point of ending. 10491 (2) An easement 12 feet in width located in the S. E. 1/4 of Section 27, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, the centerline of which is described as beginning at a point on the north line of PlymouthRoad (120 feet in width) distant N. 89° 22 ' 20" W. 1312.25 feet and N. 0° 06' 10" W. 60 feet from the S. E. corner of Section 27 and proceeding thence N. 0° 06' 10" W. 424 feet to the point of ending. (parcel description contained in Schedule A attached to the Grant of Easements) (purpose : water mains installation) 7. Grant of Easement dated April 18, 1969 executed by Charles J. Gillies Inc. by its president Charles J. Gillies, conveying: An easement 12.0 ft. in width over and across a part of the south 3/10 of the west 1/2 of the N. W. 1/4 of Section 3, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, said easement being 6.0 ft. on either side of the easement centerline more particularly described as: Commencing at the west 1/4 corner of said Section 3, thence N. 0° 01' E. along the west line of said Section 3, 167.90 ft. to a point; thence S. 890 49' E. 1161.24 ft. to a point, said point being the southerly terminus and the point of beginning of the easement center- line herein described; thence N. 8° 14' W. along said centerline, 83.16 ft. to a point; thence N. 88° 35' W. continuing along said centerline, 179.75 ft. to a point; thence N. 0° 33' E. continuing along said centerline, 165.71 ft. to a point, said point being the northerly terminus of the easement centerline herein described. (Parcel 03Ila) (purpose: storm sewer installation) 8. Grant of Easement dated April 18, 1969 executed by Charles J. Gillies, Inc. by its president Charles J. Gillies, conveying: The north 45 feet of the west 163.19 feet of the east 510.61 feet and also the north 15 feet of the east 347.42 feet of the following described parcel: That part of the N.W. 1/4 of Section 3, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan described as beginning at a point distant N. 0° 01' E along the west line of Section 3, 167.90 feet, and S. 89° 49' E, 60 feet from the west 1/4 corner of said Section 3; proceeding thence N. 0° 01' E, 297.0 feet, thence S. 89° 49' E, 1265.0 feet; thence S. 0° 01' W, 297.0 feet, thence N. 89° 49' W, 1265.0 feet to the point of beginning. (Parcel 0311a)(purpose: storm sewer and water main installation) 9. Grant of Easement dated April 18, 1969 executed by Charles J. Gillies, Inc. by its president Charles J. Gillies, conveying: 10492 An easement, 12.0 ft. in width, over and across a part of the south 3/10 of the west 1/2 of the N. W. 1/4 of Section 3, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, said easement being 6.0 ft. on either side of the easement centerline more particularly described as: Commencing at the west 1/4 corner of said Section 3; thence N. 0° 01' E. along the west line of said Section 3, 187.90 ft. to a point; thence S. 89° 49' E. 60.00 ft. to a point on the east line of Farmington Road (120 ft. wd. ), said point being the westerly terminus and the point of beginning of the easement centerline herein described, thence S. 89° 49' E. along said centerline, 1069.60 ft. to a point; thence N. 5° 28' 20" E. continuing along said centerline 147.0 ft. to a point, said point being the north and easterly terminus of the easement centerline herein described. (Parcel 03I1a) (purpose: sanitary sewer installation) the Council does hereby determine for and on behalf of the City of Livonia to accept the aforesaid documents 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. LA roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. The communication from the Department of Law, dated May 5, 1969 and in response to CR-188-69, with respect to Act 269, Public Acts of 1968 relative to Wayne County Department of Health, Licensing of Food Service Establishments, was received and filed for the information of the Council. By Councilman Kleinert, seconded by Councilman Raymond, it was #534-69 RESOLVED, that the communication dated April 24, 1969 from the Michigan Liquor Control Commission with regard to an application from Robert Blake Theodore Lindsay and Martin Nicholas Pavelich for new full year Class "C" and SDM licenses to be located in Livonia, Michigan, is hereby referred to the Committee of the Whole for its consideration, along with all other such applications. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, Raymond, McCann, Nash, Milligan and McNamara. NAYS: *Ventura. The Pres dent declared the resolution adopted. 10+93 *Councilman Ventura made the following statement• My 'no' vote is cast because I believe that these people should be given the opportunity to come in and be heard relative to their plans. By Councilman Milligan, seconded by Councilman McCann, it was #535-69 RESOLVED, that having considered a communication dated May 5, 1969 from the Department of Law transmitting a contract for the employment of Ralls-Hamill-Becker Associates, Inc., architects, 15223 Farmington Road, Livonia, for the purpose of performing architectual services in connection with four neighborhood fire stations, which contract has been approved by the Director of Public Works, the Director of Public Safety, the Fire Chief, the City Engineer, and as to form by the Department of Law, the Council does hereby authorize the Mayor and the City Clerk to execute the aforesaid contract as submitted in behalf of the City of Livonia for the purpose of employing the aforesaid architectual firm for this purpose. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash, Milligan and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #536-69 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in council resolution #337-56, so as to permit consideration of several items that do not appear on the agenda. By Councilman Kleinert, seconded by Councilman Ventura, and unanimously adopted, it was #537-69 RESOLVED, that the Council does hereby reaffirm its prior approval of the Plat of Kenwood Park Subdivision to meet the requirements of the Subdivision Control Act of 1967. By Councilman Ventura, seconded by Councilman Milligan, and unanimously adopted, it was #53$-69 RESOLVED, that having considered Petition No. 69-5-3-3, submitted by Mr. William Gage, 31779 Summers, Livonia, Michigan for vacating a portion of the 6' easement located on the easterly side of his property described as Lot 49 of Meri-Lynn Farms Subdivision, City of Livonia, Wayne County, Michigan, the Council does hereby grant the said petition 60 and Petition No. 69-5-3-3 is hereby approved; and the Department of Law is requested to prepare the necessary Vacating Ordinance in accordance with this resolution. 10494 By Councilman Ventura, seconded by Councilman Kleinert, and unanimously adopted, it was #539-69 RESOLVED, that having considered the report and recommendation dated March 31, 1969 from the City Planning Commission which sets forth its resolution #3-36-69 in regard to Petition 68-8-1-34, submitted by Michigan Home for the Armenian Aged, Inc. for a change of zoning on Middlebelt Road near Wentworth in Section 14 from C-2 and RUF to P. S. and the Council having conducted a public hearing with regard to this matter on May 14, 1969, pursuant to resolution #385-69, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition 68-8-1-34 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. On motion of Councilman Nash, seconded by Councilman McCann, and unanimous- ly adopted, this 649th regular meeting of the Council of the City of Livonia was duly adjourned at 8:57 P. M., May 14, 1969. ADDISON W. BACON, -rk.