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HomeMy WebLinkAboutCOUNCIL MINUTES 1969-01-22 '0149 L MINUTES OF THE SIX HUNDRED THIRTY-SIXTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 22, 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 Milligan 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 Addison W. Bacon, City Clerk, Harry C. Tatigian, Chief Assistant City Attorney, Robert A. Shaw, Director of Public Works; William J. Strasser, City Engineer, John T. Dufour, Superintendent of Parks and Recreation; Donald Nicholson, Director of Public Safety; Marie Talbot, Court LClerk; Don Hull, City Planner, Dan Andrew, Industrial Coordinator; Victor C. Phillips, Budget Director, Thomas J. Griffiths, Jr. , Chief Accountant, Robert Menzies, Plan- ning Department, Robert Bennett, Zoning Board of Appeals, Eldon Raymond, Zoning Board of Appeals, Robert Colomina and Joel LaBo, Planning Commission. By Councilman Kleinert, seconded by Councilman Milligan, and unanimously adopted, it was #47-69 RESOLVED, that the minutes of the 635th regular meeting of the Council of the City of Livonia, held January 15, 1969, are hereby approved. The following resolution was unanimously offered, supported and adopted- #1.1.869 WHEREAS, Mark Kirkwood, the 12 year old son of Mr. and Mrs. Kenneth Kirkwood, 19493 Newburgh Road, Livonia, finished second in the National Pass-Punt-Kick Contest sponsored by the Ford Motor Company in 1968; and WHEREAS, Mark, a 7th grade student at Dickinson Jr. High School, L achieved this distinction in competition with thousands of other youngsters from literally every state in the union; and WHEREAS, by so distinguishing himself, Mark has brought honor and recognition to his school, as well as to his community; 10150 NOW, THEREFORE, BE IT RESOLVED, that in behalf of all of the citizens of the City of Livonia, the City Council offers its congratula- tions to Mark Kirkwood for his singular accomplishment; to his parents for having developed in Mark such highly desirable attitudes and standards of performance and sportsmanship, the Council also takes this means to sincerely wish Mark every success for his future and hopefully looks forward to his winning first place next year. The following resolution was unanimously offered, supported and adopted. #49-69 RESOLVED, that the Council of the City of Livonia does hereby determine that the period within taxes due December 1, 1968, will be paid without penalty is hereby extended until 5.00 P. M., Friday, February 28, 1969. By Councilman Ventura, seconded by Councilman Raymond, and unanimously adopted, it was #50-69 WHEREAS, State Representative, Lucille McCullough has introduced House Bill #2001, and WHEREAS, the Senior Citizens of the State of Michigan, have been entitled to a Senior Citizens Property Tax Exemption, in certain cases, and WHEREAS, as a result of the present inflationary trend, and State Equalization, these Senior Citizens are fast becoming ineligible for the Senior Citizens Property Tax Exemption, NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Livonia, does hereby urge the members of the House and Senate to enact, into law, House Bill #2001 so as to raise the limits previously establish- ed by the General Property Tax Act (Act 206 of 1893, as amended). Councilman Nash took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 18.36 OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," RE: PETITION NO. 68-1-6-2 (OFF-STREET LOADING SPACE) INTRODUCED BY COUNCILMAN NASH ON JANUARY 15, 1969. A roll call vote was taken on the foregoing Ordinance with the following result AYES: Kleinert, Raymond, McCann, Nash and McNamara. NAYS : Milligan and Ventura. The President declared the Ordinance adopted, and would become effective on publica- tion. 10151 Councilman Nash took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 30 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 67-12-1-40 FOR CHANGE OF ZONING FROM RUF TO R-7, INTRODUCED BY COUNCILMAN NASH ON JANUARY 151 1969. A roll call vote was taken on the foregoing Ordinance with the following result AYES : Milligan, Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS : None. The President declared the Ordinance adopted, and would become effective on publication. By Councilman Kleinert, seconded by Councilman McCann, it was #51-69 RESOLVED, that having considered the report and recommendation dated October 14, 1968 from the City Planning Commission which sets forth its resolution #9-113-68 in regard to Petition 66-2-1-2 submitted by Charles G. and Genevieve M. Brown for a change of zoning on property located south of Plymouth Road, east of Levan in the Northeast 1/4 of Section 32 from RUF to C-2, and the Council having conducted a public hearing with regard to this matter on January 15, 1969 pursuant to council resolution #1261-68, the Council does hereby concur in the recommendation of the Planning Commission and the said Petition 66-2-1-2 is hereby denied for the reasons set forth in the recommendation from the Planning Commission. A roll call vote was taken on the foregoing resolution with the following result: AYES : Kleinert, Raymond, McCann and McNamara. NAYS: Milligan, Ventura and Nash. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Kleinert, it was #52-69 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission dated November 27, 1968, and the report and recommenda- tion of the Director of Public Safety dated January 14, 1969 in connection therewith, the Council does hereby approve of the request from Robert D. Young for a transfer of ownership of 1968 S.D.M. License from Albert A. Quintano located at 34225 Plymouth Road, Livonia, Michigan, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. 10152 LA roll call vote was taken on the foregoing resolution with the following result. AYES : Milligan, Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS • None. By Councilman Milligan, seconded by Councilman Ventura, it was RESOLVED, that having considered a letter from the Mayor dated November 20, 1968, relative to the appointment of Frank Santo, 33717 Six Mile Road, Livonia, Michigan, as a member of the City Planning Commission to fill the unexpired term of Donald Pollock, which term will expire on June 9, 1970, the Council does hereby disapprove of the said appointment. A roll call vote was taken on the foregoing resolution with the following result- AYES : Milligan and Ventura. NAYS : Kleinert, Raymond, McCann, Nash and McNamara. The President declared the resolution denied. By Councilman Milligan, seconded by Councilman Raymond, it was #53-69 RESOLVED, that having considered a letter from the Mayor dated November 20, 1968, relative to the appointment of Frank Santo, 33717 Six Mile Road, Livonia, Michigan, as a member of the City Planning Commission to fill the unexpired term of Donald Pollock, which term will expire on June 9, 1970, the Council does hereby table this matter. A roll call vote was taken on the foregoing resolution with the following result• AYES : Milligan, Ventura, Raymond and McCann. NAYS : Kleinert, Nash and McNamara. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Raymond, it was #54-69 RESOLVED, that having considered a letter from the Mayor dated December 12, 1968, relative to the reappointment of Raymond W. Tent, 18051 Deering, Livonia, Michigan, as a member of the City Planning Commission for a term of three (3) years, which term will expire on June 9, 1971, the Council does hereby approve of and concur in the appoint- ment of Mr. Tent, provided that he takes the oath of office required in Section 3 of Chapter X of the City Charter, administered by the City Clerk. A roll call vote was taken on the foregoing resolution with the following result AYES : Kleinert, Raymond, McCann, Nash and McNamara. NAYS : Milligan and Ventura. The President declared the resolution adopted. 10153 By CouncilmanMcCann,seconded by Councilman Milligan, and unanimously adopted, it was #55-69 RESOLVED, that i. ving considered a letter from the Mayor dated December 12, 1968, relative to the reappointment of Marvin 0. Moser, 16711 Bell Creek Lane, Livonia, Michigan, as a member of the City Plan- ning Commission for a term of three (3) years, which term will expire on June 9, 1971, the Council does hereby approve of and concur in the appointment of Mr. Moser, provided that he takes the oath of office required in Section 3 of Chapter X of the City Charter, administered by the City Clerk. The communication from the Department of Law dated January 6, 1969, relative to an amendment to the Special Assessment Ordinance, pursuant to council resolution #985-68, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman McCann, and unanimously adopted, it was #56-69 RESOLVED, that having considered a letter from the Hearthstone Homeowners ' Association dated December 12, 1968, with respect to the street lighting at the intersection of Seven Mile Road and Brentwood Avenue, the Council does hereby refer this matter to the City Engineer for his report and recommendation. By Councilman Milligan, seconded by Councilman McCann, and unanimously adopted, it was #57-69 RESOLVED, that having considered a petition dated December 4, 1968, containing the signatures of certain residents on Milburn Avenue relative to the condition of Milburn Avenue from Eight Mile Road to Bretton Road, the Council does hereby refer this matter to the Director of Public Works for hisreport and recommendation. By Councilman Kleinert, seconded by Councilman Ventura, and unanimously adopted, it was #58-69 RESOLVED, that having considered a communication from the Department of Law dated January 2, 1969, submitted pursuant to council resolutions 710-68, 966-68 and 1003-68, and which submits certain proposed amendments to the Retirement Ordinance, the Council does hereby refer this matter back to the Department of Law for further analysis and study, such amendments thereafter to be resubmitted to the Council, and further, any such amendments to the Ordinance shall not change the member- ship of the Board of Trustees as constituted in the present Ordinance. 10154 By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #59-69 RESOLVED, that having considered the communication frcan Mr. William R. Clogg, Business Manager of The Detroit Suburban Newspapers dated December 31, 1968, relative t_ the designation of the City's official newspaper, the Council does hereby refer this matter to the Committee of the Whole for its consideration. By Councilman Milligan, seconded by Councilman Nash, it was #60-69 RESOLVED, that having considered the communication from the Industrial Coordinator dated December 20, 1968, approved for submission by the Mayor, to which is attached a letter from Mr. George E. Pardonnet of the Pardonnet Management Company dated November 7, 1968, wherein Mr. Pardonnet has indicated on behalf of his company a desire to enter into negotiations to purchase 1.377 acres of the City's Sanitary Landfill Site as well as agreed to dedicate certain right-of-way through his property in order to provide the City with secondary access to the said landfill site, the Council does hereby authorize and direct the Department of Law to retain an expert appraiser to determine the fair market value of the said property, it being the understanding of the Council that the prospective purchasers of this property, the Pardonnet Management Company, will reimburse to the City the expenses herein involved in obtaining such appraisal; and the City Clerk is hereby authorized and directed to pay said appraiser, upon notification by the Department of Law that the appraisal has been received, according to the rates established by the Wayne County Road Commission, further, the Council does hereby authorize the advance of the sum of $200 from the General Fund 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. A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS : None. By Councilman McCann, seconded by Councilman Ventura, it was #61-69 RESOLVED, that having considered a communication from Mr. Russell E. Harrison, Engineer of Traffic & Safety for the Board of Wayne County Road Commissioners, dated December 12, 1968, and having considered the necessity for the installation of a traffic signal control device located at Middlebelt Road and Lyndon Avenue, the Council does hereby authorize the replacement of the Traffic Signal at Middlebelt and Lori with a signal to be located at Middlebelt and Lyndon, and having been advised that the estimated cost of the proposed traffic signal installation is $3600.00, the Council does hereby approve of the City assuming 50% of the total cost of such installation and, for this purpose, the Council does hereby transfer the sum of $1800.00 from the Reserve for Contingencies Account to the Civic Improvement Account of the Budget, and also the City 1015 does hereby agree to pay the monthly electrical energy charges for such installation to The Detroit Edison Company upon the completion of such installation, it being understood that the County will assume the full cost of maintaining the signal; and the Board of Wayne County Road Com- missioners is hereby requested to cause such traffic signal to be install- ed at such location in an expeditious manner; and the City Clerk and City Treasurer are hereby authorized to do all things necessary to the full performance of this resolution, and the Council does hereby determine to be hold in abeyance the matter of installing a new traffic signal on Middlebelt Road at Jamison; and the City Clerk is hereby requested to send a certified copy of this resolution to the Board of Wayne County Road Commissioners, to the attention of the Engineer of Traffic & Safety. A roll call vote was taken on the foregoing resolution with the following result- AYES: Milligan, Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS: None. By Councilman. Nash, seconded by Councilman Milligan, it was RESOLVED, that having considered the communication from the Mayor dated December 27, 1968, which submits a proposed Charter amendment which would purport to provide equal responsibility for the budget, the Council does hereby determine to receive and file the same. By Councilman Raymond, seconded by Councilman Kleinert, it was RESOLVED, that the Council does hereby determine to substitute, in lieu of the foregoing resolution, a motion to refer the proposed Charter Amendment, as outlined in the letter from the Mayor, dated December 27, 1968, to the Committee established in council resolution #1o4o-68, for the purpose of reviewing the same and thereafter submitting its recommendation. A roll call vote was taken on the motion to substitute with the following result AYES: Milligan, Kleinert, Ventura, Raymond and Nash. NAYS: McCann and McNamara. The President declared the motion to substitute adopted. A roll call vote was taken on the original resolution, as amended, as follows #62-69 RESOLVED, that having considered the communication from the Mayor, dated December 27, 1968, which submits a proposed Charter amendment which would purport to provide equal responsibility for the budget, the Council does hereby determine to refer the same to the Committee establish- ed in council resolution #lO' D-68, for the purpose of reviewing the same and thereafter submitting its recommendation. with the following result: AYES: Milligan, Ventura, Raymond and Nash. NAYS: Kleinert, McCann and McNamara. The. Prpsident declared the resolution adopted. 10156 The communication from the Department of Law dated December 13, 1968, with respect to the status of Constables under District Court Organization, was received and filed for the information of the Council. By Councilman Milligan, seconded by Councilman Nash, it was #63-69 RESOLVED, that having considered the communication dated December 19, 1968 from the Department of Law regarding the opening and extension of Westmore Avenue (north-south Industrial Road) from the east-west Industrial Road to Glendale Avenue, in the Northwest 1/4 of Section 27, and the necessity that appraisers be appointed to determine the fair-market value of the property to be acquired in connection with the aforesaid public improvement, the Council does hereby determine that the Department of Law is hereby authorized and requested to retain two expert appraisers for the purpose of determining the fair-market value of such property to be acquired, and the City Clerk is hereby authorized and requested to pay said appraisers, upon notification by the Department of Law that the appraisals have been received, FURTHER, the Council does hereby determine to authorize the expenditure of a sum not to exceed $2,000 from the general funds of the City of Livonia for this purpose, the same to be considered an advance from the proceeds of special assessment districts established for the purpose of defraying the cost of the property improvements; 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 Milligan, Kleinert, Ventura, Raymond, McCann, Nash and McNamnra. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was #64-69 WHEREAS, the City of Livonia is in urgent need of the land necessary for the opening and extension of Westmore Avenue (north-south Industrial Road) from the east-west Industrial Road to Glendale Avenue in the Northwest 1/4 of Section 27, and WHEREAS, this Council finds that it is necessary to extend Westmore Avenue in this area in order to facilitate a traffic pattern and to accommodate present and future traffic conditions in this area as a matter of public safety, public convenience and for the general public welfare, and WHEREAS, this Council finds that it is necessary to acquire the subject right-of-way in order to construct water mains and provide public utility service to serve the area being developed in connection with Westmore Avenue as a matter of public health, public safety, public convenience and for the general public welfare; and 10157 L WHEREAS, the City Engineer has recommended that Westmore Avenue, between east-west Industrial Road and Glendale Avenue, in the N. W. 1/4 of Section 27 be opened, constructed and extended so as to provide a thirty-one (31) foot wide concrete pavement and a sixty (60) foot right- of-way, similar to presently existing roads which are located throughout the City, and has presented plans to and which have been approved by this Council, NOW, THEREFORE, BE IT RESOLVED, that this Council for the City of Livonia, Wayne County, Michigan, a Michigan Municipal Corporation and State agency of the State of Michigan, hereby declares that the opening and extension of Westmore Avenue (north-south Industrial Road) from the east-west Industrial Road to Glendale Avenue in the area hereinafter described is necessary as a public improvement for the use and benefit of the public, for the purposes of its incorporation, and for a public purpose within the scope of its powers, and the said Council does hereby declare that it determines it necessary to take private property upon compensation to be paid therefor for such public improvement, to wit: the opening and extension of Westmore Avenue (north-south Industrial Road) from the east-west Industrial Road to Glendale Avenue, which land is more specifically described as follows : Bureau of Taxation Parcel 27D1a4: The west 60 feet of the east 430.0 feet of the south 165.0 feet L of the north 2113.0 feet of the west 1320.0 feet of the N.W. 1/4 of Section 27, T. 1 S. , R 9 E. , City of Livonia, Wayne County, Michigan. BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and conduct the necessary proceedings on behalf of the City of Livonia in the Circuit Court of the County of Wayne, State of Michigan (that being the County where private property sought to be taken is located), to carry out the objects of this resolution, and to acquire by condemnation for the City of Livonia the private property hereinbefore described, for the purpose of acquiring a right-of-way sixty (60) feet in width, in order to open and extend Westmore Avenue (north-south Industrial Road) from the east-west Industrial Road to Glendale Avenue, in the Northwest 1/4 of Section 27, as a necessary and authorized public improvement, and that said proceeding be brought in accordance with the provisions of the statute of the State of Michigan provided therefor, and more particularly Act 149 of the Public Acts of 1911, as amended (by M.S.A. Section 8.11, et. seq. , as amended). BE IT FURTHER RESOLVED, that the cost of the acquisition of this property shall be financed from the general funds of the City of Livonia, such amounts as may be used in this regard by an advance from the proceeds of special assessment districts established for the purpose of defraying Lthe cost of the proposed improvements. A roll call vote was taken on the foregoing resolution with the following result. AYES * Kleinert, Raymond, McCann and McNamara. NAYS : Milligan, Ventura and Nash. 'rhe President declared the resolution adopted. 10158 By Councilman Milligan, seconded by Councilman Nash, it was #65-69 RESOLVED, that having considered a communication from the Department of Law dated December 11, 1968, submitted pursuant to council resolution 1171-68, relative to the proposed acquisition of certain property located south of Five Mile Road and west of the City Hall, the Council does hereby authorize and direct the Department of Law to retain an expert appraiser for the purpose of determining the fair market value of the property commonly referred to as the "Wheelock" property (15205 Shadyside) and the property owned by Frank and Elsie O'Neill (15200 Westmore); further, the Council does hereby determine to hold in abeyance at this time the matter of the proposed acquisition of the McCabe property located at 33107 Five Mile Road, and the City Clerk is hereby authorized and directed to pay the said appraiser, upon notifica- tion by the Department of Law that the said appraisal has been received, according to the rates established by the Wayne County Road Commission; further, the Council does hereby authorize the expenditure of the sum of $200.00 from the General Fund 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Milligan, Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS: None. By Councilman Milligan, seconded by Councilman Nash, it was #66-69 WHEREAS Title VII of the Housing Act of 1961, as amended, provides for the making of grants by the Secretary of Housing and Urban Develop- ment to States and local public bodies to assist them in the acquisition and development of permanent interests in land for open-space uses where such assistance is needed for carrying out a unified or officially coordinated program for the provision and development of open-space land as part of the comprehensively planned development of the urban area; and WHEREAS the CITY OF LIVONIA, MICHIGAN (herein sometimes referred to as "Applicant") desires to acquire fee title to certain land known as : SITE E: described as the West 1/2 of the Southwest quarter of Section 4, and the East 1/2 of the East 1/2 of the Southeast quarter of Section 5, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan - (120 acres more or less). SITE AA: described as that part of the S. E. 1/4 of Section 31, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as starting at the east quarter corner of Section 31 and proceeding thence N. 89° 41' W. along the east and west quarter line 266.0 feet for a point of beginning and proceeding thence N. 89°41' W. along the E. and W. quarter line, 1,051.5 feet, thence S. 0°10'29" E. 549.85 feet; thence S. 0°12'30" E.along the east line of Golden Ridge Subdivision #1, 162.60 feet;thence S.0°10'29" E. 323.10 feet, thence east 1,087.65 feet; thence N. 2°12' W. 1,028.70 feet to the point of beginning (25.30 acres more or less). 10159 SITE BB: described as that part of the N.E. 1/4 of Section 33, T, 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan,described as the W. 1/2 of the N. 3/8 of the N. 1/4 of Section 33,except that part described as beginning at the N. quarter corner of Section 33 and proceeding thence due E. along the N. line of said section 1,333.90 feet; thence S. 0° 471 E. 583.75 feet; thence S. 83° 07' 30" W. 819.18 feet; thence N. 1° 46' W. 217.30 feet, thence S. 880 29' W. 514.85 feet to the N. and S. quarter line of Section 33, thence N. 0° 56' W. along said line 478.0 feet to the point of beginning (12.99 acres). which land is to be held and used for permanent open-space land for public parks, recreational and open space use, and WHEREAS Title VI of the Civil Rights Act of 1964, and the regula- tions of the Department of Housing and Urban Development effectuating that Title, provide that no person shall be discriminated against because of race, color, or national origin in the use of the land acquired and/or developed; and WHEREAS it is recognized that the contract for Federal grant will impose certain obligations and responsibilities upon the Applicant and will require among other things (1) compliance with Federal labor stand- ards, and (2) compliance with Federal requirements relating to equal employment opportunity; and WHEREAS it is estimated that the cost of acquiring said interest will be $542,000.00; and WHEREAS it is estimated that the total amount of relocation pay- ments to be made to eligible site occupants displaced from property to be acquired will be S600.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVONIA, MICHIGAN: 1. That an application be made to the Housing and Home Finance Agency for a grant in an amount authorized by Title VII of the Housing Act of 1961, as amended, which amount is presently estimated to be $276,600.00, and that the Applicant will pay the balance of the cost from other funds available to it. 2. That the Mayor of the CITY OF LIVONIA is hereby authorized and directed to execute and to file such application with the Department of Housing and Urban Development Agency, to provide additional information and to furnish such documents as may be required by said Agency, to execute such contracts as are required by said Agency, and to act as the authorized correspondent of the Applicant. 3. That the proposed acquisition and development is in accordance with plans for the allocation of land for open-space uses, and that, should said grant be made, the Applicant will acquire, develop, and retain said land for the uses designated in said application and approved by the Department of Housing and Urban Development. 10160 4. That the United States of America and the Department of Housing and Urban Development Administrator be, and they hereby are, assured of full compliance by the Applicant with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. 5. That there exists in the locality an adequate amount of decent, safe and sanitary housing which is available to persons displaced as a result of the open-space land project, at prices which are within their financial means, and which are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and families, and it is the sense of this body that such displacees, if any, will be relocated in accordance with applicable regulations of the Department of Housing and Urban Development. A roll call vote was taken on the foregoing resolution with the following result: AYES : Milligan, Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS : None. By Councilman Ventura, seconded by Councilman Raymond, it was #67-69 RESOLVED, that having considered a letter dated January 22, 1969 from Mr. Rodney C. Kropf, Attorney, the Council does hereby determine to revise and amend the action taken in council resolution No. 1335-68, relative to a letter from the Michigan Liquor Control Commission dated October 11, 1968, wherein the Council did approve the request from Anthony W. Snycerski, now known as Anthony Walter Rogers, for a new full year Class C license to be amended so as to delete Anthony H. Andrews and add James A. Thompson, Jr. as a partner on such Class C license to be located in the City of Livonia, the Council determining herein that such approval as previously rendered shall hereby be considered to be approved "above all others" only with respect to a "Tavern License", and not a Class C License; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commis- sion. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS : Milligan. The President declared the resolution adopted. By Councilman Kleinert, seconded by Councilman Raymond, it was #68-69 RESOLVED, that having considered a communication dated January 2, 1969 from the City Planning Commission which transmits its resolution #12-152-68 adopted by the Commission on December 3, 1968 with regard to Petition No. 68-10-2-23 submitted by Rodney C. Kropf for James A. Thompson, Jr. , requesting permission to construct a restaurant as a 10161 waiver use on property zoned C-2 and located on the south side of Plymouth Road, east of Milburn Avenue in Section 35, the Council does hereby concur in the recommendation of the City Planning Commission and Petition No. 68-10-2-23 is hereby approved and granted, subject to adherence to the proposed Landscape Plan; and further, it is the understanding of the Council that the proposed restaurant will be located immediately west and adjacent to the Midas Muffler Shops, with the same setback provided. A roll call vote was taken on the foregoing resolution with the following result AYES: Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS: Milligan. The President declared the resolution adopted. By Councilman Milligan, seconded by Councilman Nash, and unanimously adopted, it was #69-69 RESOLVED, that the Council does hereby refer to the Legislative Committee, together with Council Resolution #1295-68 referred thereto on November 20, 1968, to also include Tavern Licenses and B-Hotel Licenses, together with any establishments selling beer, wine or liquor by the glass. At 9:16 p. m. , a recess was called, after which the meeting resumed with all members present who were named as present in the original roll call of this meeting. By Councilman Kleinert, seconded by Councilman Nash, it was #70-69 RESOLVED, that having considered the report and recommendation dated October 10, 1968, from the City Planning Commission which sets forth its resolution #9-108-68 in regard to Petition No. 68-7-6-8 submitted by the City Planning Commission on its own motion to amend Section 27.04 of the Zoning Ordinance so as to include retirement housing for the elderly as a permitted use in the R-8 District Regulations, and the Council having conducted a public hearing with regard to this matter on January 8, 1969 pursuant to council resolution #1260-68, the Council does hereby concur with the recommendation of the Planning Commission and the said Petition No. 68-7-6-8 is hereby approved and granted; and the Department of Law is hereby requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result. AYES: Milligan, Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS: None. 10162 By Councilman McCann, seconded by Councilman Kleinert, it was #71-69 RESOLVED, that having considered the report and recommendation dated October 10, 1968 from the City Planning Commission which sets forth its resolution #9-105-68 in regard to Petition No. 68-7-6-5 submitted by the City Planning Commission on its own motion in order to amend Section 2.07(1) of the Zoning Ordinance by adding retirement dwelling units for the elderly and setting minimum floor areas for all types of multi-family structures, and the Council having conducted a public hearing with regard to this matter on January 8, 1969 pursuant to council resolution #1260-68, the Council does hereby concur with the recommenda- tion of the Planning Commission and the said Petition No. 68-7-6-5 is hereby approved and granted; and, by way of clarification, the Council directs the Department of Law to prepare an ordinance amending Ordinance No. 543 in accordance with the following: (1) with respect to one (1) bedroom units, the minimum net floor area prescribed for a retirement dwelling unit shall be at least four hundred and fifty (450) square feet, (2) With respect to two (2) bedroom units, the minimum net floor area prescribed for a retirement dwelling unit shall be at least six hundred (600) square feet; and (3) With respect to three (3) or more bedroom units, in addition to the four (4) rooms permitted in a two (2) bedroom unit, there shall be provided an additional five hundred (500) square feet to the minimum net floor area of nine hundred (900) square feet. A roll call vote was taken on the foregoing resolution with the following result. AYES : Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS: Milligan. The President declared the resolution adopted. By Councilman Ventura, seconded by Councilman Kleinert, it was #72-69 RESOLVED, that having considered the report and recommendation dated October 10, 1968, from the City Planning Commission which sets forth its resolution #9-106-68 in regard to Petition No. 68-7-6-6 submitted by the City Planning Commission to amend Section 8.02(a) of the Zoning Ordinance pertaining to permitted uses in R-7 District Regulations, by adding retirement housing for the elderly, Section 8.04(a),(b) and (d), Minimum Development Standards, and Section 8.07 by adding a new section entitled Enclosed Parking; and the Council having conducted a public hearing with regard to this matter on January 8, 1969 pursuant to council resolution #1260-68, the Council does hereby concur with the recommenda- tion of the Planning Commission and the said Petition No. 68-7-6-6 is hereby approved and granted with certain revisions; and the Department of Law is hereby requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution and including the following revisions : 10163 (1) That the following additional language shall be included in paragraph (a) of Section 8.04 "(excepting that low income retirement housing units shall be exempt from having to be constructed on a basement)." (2) That the following additional language shall be included in Section 8.07• "(excepting that low income retirement housing units shall be exempt from the requirements of this section)." A roll call vote was taken on the foregoing resolution with the following result AYES : Milligan, Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS None. By Councilman Kleinert, seconded by Councilman Nash, it was #73-69 RESOLVED, that having considered the report and recommendation dated October 10, 1968 from the City Planning Commission which sets forth its resolution #9-107-68 with regard to Petition No. 68-7-6-7 sub- mitted by the City Planning Commission to amend Section 18.38 of the Zon- ing Ordinance by adding subsections (25) and (26) to include group commercial centers and housing for the elderly in the Off-Street Parking Schedule, and the Council having conducted a public hearing with regard to this matter on January 8, 1969 pursuant to council resolution #1260-68, the Council does hereby concur with the recommendation of the City Plan- ning Commission and said Petition No. 68-7-6-7 is hereby approved and granted as revised, and the Department of Law is hereby requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution except that in subsection (26) of Section 18.38 a minimum of one and one-half (1-1/2) parking spaces in lieu of one and one-quarter (1-1/4) shall be required. A roll call vote was taken on the foregoing resolution with the following result AYES : Milligan, Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS : None. By Councilman Ventura, seconded by Councilman Kleinert, it was #74-69 RESOLVED, that having considered the report and recommendation dated October 15, 1968 from the City Planning Commission which sets forth its resolution #9-111-68 in regard to Petition No. 68-6-1-20 submit- ted by Hearthside, Inc. for a change of zoning on property located on the south side of Broadmoor, east of Middlebelt Road in the Southwest 1/4 of Section 13 from RUF to P, and the Council having conducted a public hearing with regard to this matter on January 8, 1969 pursuant to resolu- tion #1260-68, the Council does hereby concur with the recommendation of 10164 the Planning Commission and the said Petition No. 68-6-1-20 is hereby approved and granted, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No. 543 in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #75-69 RESOLVED, that having considered a petition submitted in behalf of the Livonia Police Lieutenants and Sergeants Association by Mr. R. Charest and a letter dated January 2, 1969 requesting recognition as the exclusive collective bargaining representative for the lieutenants and sergeants of the Livonia Police Department, pursuant to the provisions of Act 336 of the Public Acts of 1947, as amended by Act 379 of the Public Acts of 1965, the Council does hereby determine to grant and approve the request by the Livonia Police Lieutenants and Sergeants Association as such exclusive collective bargaining representa- tive for the aforesaid classifications set forth in this resolution, as defined by Act 336 of the Public Acts of 1947, as amended by Act 379 of the Public Acts of 1965. A roll call vote was taken on the foregoing resolution with the following result AYES: Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS : Milligan. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #76-69 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 Nash, it was #77-69 RESOLVED that, K. & L. Development Company, 22 W. Gay St. , Columbus, Ohio, as proprietors, having requested the City Council to approve the proposed preliminary plat of the following subdivision* Judson Gardens Subdivision#4,1ocated in the N. E. 1/4 of Section 17, City of Livonia, the said proposed preliminary plat being dated October 17, 1963, and it further appearing that tentative approval of such preliminary plat was given by the City Planning Commission, after due notice and a 10165 public hearing on July 2, 1963, and it further appearing that such pre- liminary plat, together with Development Plans and Specifications for improvements therein have been examined and approved by the Department of Public Works as is set forth in the report of that department dated January 14, 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) Cash payments to be made to the City: Trees $2,264.55 Traffic Control Signs 193.50 Street Signs 140.00 Plan Review, field inspections & Administration (5% before contingencies) 8,470.71 Ditch Maintenance to be held in escrow for a period of 2 years after acceptance of ditches 1,000.00 Parksite Improvement (topsoil, seeding,etc. ) cash escrow 9,100.00 Survey Monuments (Cash Escrow) 1,200.00 (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, 10166 (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, and all lots are in conformance with minimum standards of R-2 zoning requirements. (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 - $152,500.00, of which at least 10,000.00 shall be in cash. Sidewalk Bond - $ 19,500.00, of which at least 3,900.00 shall be in cash. (9) That the distribution lines for telephones and electrical 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 • Milligan, Kleinert, Ventura, Raymond, McCann, Nash and McNamara. NAYS • None. Councilman Nash introduced the following Ordinance . AN ORDINANCE AMENDING SECTIONS 4.05 AND 4.06 OF ARTICLE IV OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE,"RE: PETITION NO. 68-2-6-3 (YARD REQUIREMENTS) 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. *Councilman Kleinert was excused at 10 00 P. M. for the remainder of the meeting.. 10167 By Councilman Raymond, seconded by Councilman Milligan, it was RESOLVED, that the Council does hereby refer to the next study session, to be held January 29, 1969, the matter of reconsidering the width of pavement on Newburgh Road, north of Five Mile Road. A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, Raymond and McNamara. NAYS • McCann, Ventura and Nash. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Milligan, it was #78-69 RESOLVED, that the City of Livonia proceed immediately with the acquisition of the necessary rights-of-way for Five Mile Road, upon receiving concurrence with respect to such action from the Wayne County Road Commission. A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, Ventura, Raymond, McCann and McNamara. NAYS. Nash. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman McCann, it was RESOLVED, that this 636th regular meeting of the Council of the City of Livonia, is hereby adjourned. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash and McNamara. NAYS: Milligan, Ventura, Raymond and McCann. The President declared the resolution denied. By Councilman Ventura, seconded by Councilman Milligan, it was RESOLVED, that the Engineering Department is hereby requested to do all things necessary, in conjunction with the acquisition of rights- of-way on Five Mile Road, to have street lights installed the full length of Five Mile Road. By Councilman Nash, seconded by Councilman Raymond, it was #79-69 RESOLVED, that the matter of installing street lights the full length of Five Mile Road, is hereby tabled. 10168 A roll call vote was taken on the foregoing resolution with the following result AYES : Raymond, McCann, Nash and McNamara. NAYS : Milligan and Ventura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman McCann, it was #80-69 RESOLVED, that this 636th regular meeting of the Council was duly adjourned at 10.10 P. M., January 22, 1969. A roll call vote was taken on the foregoing resolution with the following result AYES • Milligan, Raymond, McCann, Nash and McNamara. NAYS : Ventura. The President declared the resolution adopted, and the meeting adjourned. L. _ ,, z, 4 ADDISON W. 'aC0v, Cit; Clerk.