Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 1969-01-15 10132 Le MINUTES OF THE SIX HUNDRED THIRTY-FIFTH REGULAR MEETING OF THE COUNCIL OF THE CITY OF LIVONIA On January 15, 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 857 P. M. . Councilman Nash 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, Virginia G. Handzlik, Deputy City Clerk, Harry C. Tatigian, Chief Assistant City Attorney; James R. McCann, District Judge; Robert A. Shaw, Director of Public Works, LWilliam J. Strasser, City Engineer, James E. Mies, District Judge; Marie Talbot, Court Clerk, Donald Nicholson, Director of Public Safety, Dan Andrew, Industrial Coordinator, Don Hull, City Planner, John Nagy, Assistant Planner; Henry Sieferd, City Assessor, Calvin Roberts, Fire Chief; John T. Dufour, Superintendent of Parks and Recreation; Stanley Bien, Chief Librarian, Victor C. Phillips, Budget Director, Thomas J. Griffiths, Jr., Chief Accountant; Carl Demek, Superintendent of Operations Division, Theodor P. Krauss, Personnel Analyst, Donald Heusted, Planning Commission, and Lyddall Bowles, Jr. , Civil Service Commission. By Councilman Nash, seconded by Councilman Ventura, and unanimously adopted, it was #22-69 RESOLVED, that the minutes of the 634th regular meeting of the Council of the City of Livonia, held January 8, 1969, are hereby approved. The President of the Council acknowledged receipt of two veto messages L. from the Mayor, dated January 15, 1969, the first on Council Resolution #20-69 adopt- ed on January 8, 1969, which rescinded all prior resolutions establishing the salary of the City Attorney, and the second on Council Resolution #4-69 adopted on January 5 1969, which approved an additional appropriation to the District Court. 10133 By Councilman Ventura, seconded by Councilman Raymond, it was #23-69 RESOLVED that, having considered the veto by the Mayor, dated January 15, 1969 of resolution #20-69 adopted by the Council on January 8, 1969, the Council does hereby readopt said resolution #20-69 the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result' AYES : Nash, Milligan, Ventura, Raymond, McCann and McNamara. NAYS: Kleinert. The President declared the resolution adopted, and the Mayor's veto overruled. By Councilman Raymond, seconded by Councilman Nash, it was RESOLVED, that the position of City Attorney shall call for two rates, one for a part-time and the other for a full-time Attorney, to be resolved at the will of the Mayor, and the salary for the part-time shall be set at $9500 per year and the salary for the full-time Attorney shall be set at $22,500 per year. By Councilman McCann, seconded by Councilman Milligan, it was #24-69 RESOLVED, that the matter of establishing a salary for the position of City Attorney is hereby tabled to the next Study Session of the Council, to be held January 29, 1969. A roll call vote was taken on the foregoing resolution with the following result AYES: Milligan, Ventura, McCann and McNamara. NAYS: Nash, Kleinert and Raymond. The President declared the resolution adopted. The letter from the Mayor, dated January 15, 1969, relative to a recom- mended salary for a City Attorney, was received and filed for the information of the Council. By Councilman Nash, seconded by Councilman Ventura, it was #25-69 RESOLVED that, having considered the veto by the Mayor, dated January 15, 1969 of resolution #4-69 adopted by the Council on January 8, 1969, the Council does hereby readopt said resolution #4-69 the same as if it were word for word repeated herein. A roll call vote was taken on the foregoing resolution with the following result AYES : Nash, Milligan, Ventura, Raymond, McCann and McNamara. NAYS : Kleinert. The President declared the resolution adopted, and the Mayor's veto overruled. 10134 LThe report of the Municipal Court for the month of November, 1968, was received and filed for the information of the Council. The communication from the Planning Commission, dated December 10, 1968, which transmits a document titled "Summary Schedule - Zoning District Regulations", was received and filed for the information of the Council. The City's Annual Report for the year 1968, transmitted by the Mayor under date of December 28, 1968, was received and filed for the information of the Council. The communication from the Department of Law with respect to the City's rights under an easement for flood control purposes (CR#1253-68), was received and filed for the information of the Council. The resolution submitted by the City of Royal Oak, under date of LDecember 23, 1968, concerning the action taken by cities on the question of supple- menting' the State paid salary for District Court Judges, was received and filed for the information of the Council. The communication from the Department of Law, dated December 13, 1968, with respect to A & E Building Company vs. City of Livonia, et al. - Civil Action #1408408, was received and filed for the information of the Council. The communication from the Department of Law, dated December 18, 1968, regarding the case of Mather Supply Company vs. City of Livonia, was received and filed for the information of the Council. The communication from the Department of Law, dated December 30, 1968, with respect to Joseph Zrenchik, et al., vs. Zoning Board of Appeals of the City of Livonia, et al. , was received and filed for the information of the Council. L Councilman Nash introduced 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) 10135 LThe 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 Nash introduced 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 NO. 67-12-1-40 FOR CHANGE OF ZONING FROM RUF TO R-7. 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 Lmeeting of the Council. Councilman Ventura introduced the following Emergency Ordinance AN ORDINANCE AMENDING SECTION 18 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS THE "CITY OF LIVONIA ZONING ORDINANCE," BY ADDING SECTION 3. THERETO RE: PETITION NO. 68-7-1-27 FOR CHANGE OF ZONING FROM R-3-B to R-E. A roll call vote was taken on the foregoing Ordinance with the following result AYES: Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: Nash and Milligan. The President declared the Ordinance adopted, and would become effective on publication. By Councilman Nash, seconded by Councilman Milligan, and unanimously L adopted, it was 10136 #26-69 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act, (M.S.A. Section 5.2934), as well as Article XXIII of Ordinance 543, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, February 19, 1969 at 7:00 p. m. at the Livonia City Hall, 33001 Five Mile Road, Livonia, Michigan, with respect to the following item: Petition No. 68-9-1-39 submitted by the City Planning Commission, pursuant to a request from the Industrial Development Commission, to rezone property located on the west side of Hartel, north of Plymouth Road in the Southwest 1/4 of Section 25, from R-1 to M-1, the City Planning Commission having in its resolution #11-138-68 recommended to the City Council that Petition No. 68-9-1-39 be approved, further, that the City Clerk is hereby requested to no less than fifteen days prior to the aforesaid date of said public hearing cause to have a statement, indicating the nature and location of the proposed change of zoning, as set forth above, first to be published in the official news- paper of the City or a newspaper of general circulation in the City of Livonia, as well as to not less than fifteen days prior to said public hearing cause to have notice to be given by registered mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and the City Clerk is requested to do all things necessary or incidental to the full performance of this resolution. By Councilman Ventura, seconded by Councilman Kleinert, it was #27-69 RESOLVED, that having considered the report and recommendation dated December 20, 1968 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby release to the proprietor the $17,000.00 Bond with the City, in accordance with C. R. #30-65 adopted on January 13, 1965, as modified by C. R. #109-65 adopted on February 10, 1965, to guarantee satisfactory sidewalk improvements in the Arbor Estates Subdivision No. 1, located in the Southwest 1/4 of Section 31, City of Livonia, Wayne County, Michigan, it appearing from the aforementioned report of the City Engineer that all required sidewalk improvements have been satisfactorily installed and completed in accordance with the rules and regulations and ordinances of the City of Livonia; and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full perform- ance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, it was 10137 #28-69 RESOLVED, that having considered the report and recommendation dated December 20, 1968 from the City Engineer, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby release to the proprietor the $12,100.00 Bond deposited with the City, in accordance with C. R. #133-66 adopted on February 2, 1966, to guarantee satisfactory sidewalk improvements in the Arbor Estates Subdivision No. 2, located in the Southwest 1/4 of Section 31, City of Livonia, Wayne County, Michigan, it appearing from the afore- mentioned report of the City Engineer that all required sidewalk improve- ments have been satisfactorily installed and completed in accordance with the rules and regulations and ordinances of the City of Livonia, and the City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result AYES : Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS : None. By Councilman Kleinert, seconded by Councilman Raymond, it was #29-69 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated September 12, 1968, the Council does hereby approve of the request from Burl T. Woodward for a transfer of location of 1968 Class "C" Licensed business from 37001 Ann Arbor Road to 36661 Plymouth Road, Livonia, Michigan, 48150; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS : None. By Councilman Nash, seconded by Councilman Kleinert, it was #30-69 RESOLVED, that having considered a communication from the Chief of the Fire Division and the Director of Public Safety, dated December 20, 1968, approved by the Mayor and the Budget Director, with respect to the purchase of five pumpers for the Fire Department, estimated to cost no more than $36,000.00 each, the total of which is $180,000.00, which amount is available as unexpended and unencumbered funds of the 1967 Fire Station and Equipment Bond Issue, the Council does hereby determine to authorize the Fire Division and the Budget Director to do all things necessary for the purpose of advertising and soliciting bids with respect to the purchase of five pumpers for the Fire Department, in accordance L with the provisions set forth in Ordinance No. 216, as amended, the Financial Ordinance. A roll call vote was taken on the foregoing resolution with the following result' AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS : None. 10138 By Councilman Milligan, seconded by Councilman McCann, it was #31-69 RESOLVED, that having considered a communication from the Mayor, dated December 26, 1968, to which is attached a copy of a letter from the Library Commission, dated December 9, 1968, indicating the receipt of a check in the amount of $7809.09 from the Wayne County Public Library Board for services rendered to residents of the City of Westland, which check has been deposited with the City Treasurer, the Council does hereby determine to amend the Anticipated Reverues of the General Fund Budget by adding $7809.09 and does further determine to amend Account #163-2, Books and Periodicals Account, by the addition of the sum of $4809.09, and Account #163-5, Binding Account, by the addition of $3000.00. A roll call vote was taken on the foregoing resolution with the following result AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Ventura, seconded by Councilman Kleinert, and unanimously adopted, it was #32-69 RESOLVED, that Petition No. 68-12-3-13 submitted by Joseph F. Stetz, et al. , under date of November 4, 1968, for the vacation of certain alleys located north of Joy and east of Henry Ruff, City of Livonia, Wayne County, Michigan, is hereby referred to the City Planning Commission for action and recommendation according to law and Ordinance No. 29, as amended. By Councilman Kleinert, seconded by Councilman Ventura, it was #33-69 WHEREAS, the City of Livonia is in urgent need of private property, hereinafter described, adjacent to Newburgh Road between Joy Road and Ann Arbor Trail in the City of Livonia, Michigan, for public purposes, including widening of Newburgh Road, and WHEREAS, this Council further finds that it is necessary to acquire this private property for public convenience and for general public health, safety and welfare, 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 acquisi- tion of private property, hereinafter described, is necessary for a public improvement for the use and benefit of the public for the purpose of its incorporation and for a public use within the scope of its powers and the said Council does hereby declare that it deems it necessary to take private property upon compensation to be paid therefor for such public improvement, to wit: The East 60 feet of the North 155.2 ft. of the South 208.0 feet of the East 412.5 feet of the N. 1/2 of the S. E. 1/4 of the S.E. 1/4 of Section 31, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 31 PP) and 10139 The East 60 feet of the South 52.8 feet of the East 412.5 feet of the N. 1/2 of the S.E. 1/4 of the S.E. 1/4 of Section 31, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. (Bureau of Taxation Parcel 31 QQ) BE IT FURTHER RESOLVED, that the Department of Law of the City of Livonia be and is hereby authorized and directed to institute and con- duct the necessary proceedings on behalf of the City of Livonia in the Circuit Court for the County of Wayne, State of Michigan, (that being the county where the 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 widening Newburgh Road between Joy Road and Ann Arbor Trail, and other public purposes, as hereinbefore set forth as a necessary and authorized public improvement, and that said proceedings be brought in accordance with the provisions of the statutes of the State of Michi- gan provided therefor, and more particularly Act 149 of the Public Acts of 1911, as amended (being Section 8.11, et seq., M.S.A. as amended, M.C.L.A. 213.23, et seq. ), BE IT FURTHER RESOLVED, that the cost of the acquisition of this property shall be financed from the proceeds of the $9,800,000.00 General Obligation Street-Road Bond Issue. LA roll call vote was taken on the foregoing resolution with the following result: AYES : Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS : None. By Councilman Kleinert, seconded by Councilman Nash, it was #34-69 RESOLVED, that the Office of the City Attorney be and is hereby authorized to expend not to exceed $80.00 for title reports and insurance in connection with Newburgh Road widening and to charge the same against the $9,800,000.00 General Obligation Street-Road Bond Issue. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was #35-69 RESOLVED, that having considered a communication dated December 30, 1968 from the Department of Law transmitting for Council acceptance certain documents, which documents are more particularly described as . 1. Quit Claim Deed dated December 6, 1968 executed by Arbor Development Company by its president Richard D. Bleznak conveying. The east 43 feet of (Parcel 31E that part of 10140 the S.W. 1/4 of Section 31, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the N. and S. 1/4 section line distant due north, 1102.02 feet from the S. 1/4 corner of Section 31 and proceeding thence due north along said line, 38.61 feet, thence N 89° 41' 10" W, 607.37 feet, thence due south, 56.69 feet, thence along the N. line of Northfield Avenue N 85° 23' 31" E, 156.17 feet and on a tangent curve to the right, R. 681.36, A. 54.80 feet and due east, 396.95 feet to the point of beginning. (Hix Road right-of-way) 2. Quit Claim Deed dated May 6, 1968 executed by Robert Warnock and Evelyn Warnock, his wife, conveying• The south 27 feet of (Parcel 32b722a1) the S. 400 feet of the east 75 feet of Lot 722. Supervisor's Livonia Plat No. 11 of part of the S. E. 1/4 of Section 32, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan. (Joy Road right-of-way) 3. Quit Claim Deed dated July 1, 1968 executed by John 0. Schroder and Dorothy Schroder, his wife, conveying• The west 60 feet of the N. W. 1/4 of the N. W. 1/4 of Section 17, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, except the north 60 feet thereof; also except the south 270 feet of the north 330 feet of the west 165 feet thereof, also except that part thereof described as beginning at a point on the W section line distant S 0° 04' E., 801.37 feet from the N. W. corner of Section 17 and proceeding thence S 0° 04' E along said line, 520 feet; thence N 89° 22' 20" E. , 1323.14 ft; thence N 0° 06' 15" E., 440 feet; thence S 89° 22' 20" W. , 660 feet, thence N 0° 06' 15" E. , 80 feet, thence N 89° 22' 20" w. , 664.68 feet to the point of beginning. (Parcel 17F2b - Newburgh Rd right-of-way) 4. Grant of Easement dated June 18, 1968 executed by Ralph Rostow and Millie Rostow, his wife, conveying The West 10 feet of PARCEL Description: Lot 39, except the West 100 feet thereof, Livrance Estates Subdivision, as recorded in Liber 67, Page 10, Wayne County Records, said subdivision being a part of the N. E. 1/4 of Section 14, T. 1 S., R. 9 E. , City of Livonia, Wayne County, Michigan. (storm drainage purposes) the Council does hereby determine, for and in 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. A roll call vote was taken on the foregoing resolution with the following result. AYES : Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS : None. 10141 By Councilman Ventura, seconded byCouncilman Raymond, it was #36-69 RESOLVED, that having considered a communication dated Dec. 20, 1968 from the Department of Law transmitting for Council acceptance a Grant of Easement dated November 15, 1968 executed by Alexander H. Joyce and Lois I. Joyce, his wife, wherein an easement is conveyed to the City in connection with the installation of the Bell Creek Arm, Area 5b, of the Master Sanitary Sewer Program, said easement being more particularly described, as : An easement in the following described parcel of land being described as a strip of land 20 feet wide, ten feet (10) on either side of a centerline beginning at a point on the east line of said parcel distant S 19° 14' 30" E, 185.80 feet from the N.E. corner of said lot and proceeding thence S. 69° 10' 25" W, 138.05 feet to a point of terminus on the west line of said parcel being distant S 19° 14' 30" E, 189.54 feet from the N. W. corner of said parcel. Parcel description: The easterly 138 feet of Lot 594 of Supervisor's Livonia Plat No. 10 of part of the East 1/2 of Section 15, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan as recorded in liber 66 of plats, pages 61, 62 and 63, Wayne County Records. the Council does hereby determine, for and in behalf of the City of Livonia to accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Raymond, it was #37-69 RESOLVED, that having considered a communication dated January 6, 1969 from the Department of Law transmitting for Council acceptance four Grants of Easements which purport to convey to the City certain easements in connection with the construction of the Five Mile-Schoolcraft Sanitary Relief Sewer, and which easements are more particularly described as follows : 1. Grant of Easement dated October 22, 1968 executed by Salem Land Company by Bert L. Smokier, its president, and Arthur E. Knoff, its secretary, conveying: The West 12 feet of the East 18 feet of Lots 33, 34, 35, 36, 37, 38, 39, and 40, Stark Gardens Subdivision, being part of the Southwest 1/4 of Section 21, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan. 10142 2. Grant of Easement dated August 16, 1968 executed by Dexwood Apartment Company by Bernard Schrott, conveying- The West 12 feet of the East 18 feet of Lots 33, 34, 35, 36, 37, 38, 39, and 40, Stark Gardens Subdivision, being part of the Southwest 1/4 of Section 21, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan. 3. Grant of Easement dated August 19, 1968 executed by Livonia Public Schools School District by Geraldine W. Joyner, its secretary, conveying The East 18 feet of: That part of the S. W. 1/4 of Section 21, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point on the E. and W. 1/4 section line distant N 88° 18' 16" W, 657.33 feet from the center 1/4 corner of Section 21 and proceeding thence N 88° 57' 33" W along said line, 708 feet, thence S 0° 23' 02" E, 615 feet; thence S 88° 57' 33" E, 708 feet, thence N 0° 23' 02" W, 615 feet to the point of beginning. (Parcel 21N8a, P2) 4. Grant of Easement dated August 19, 1968 executed by Livonia Public Schools School District by Geraldine W. Joyner, Secretary, conveying- The West 20 feet of That part of the S. E. 1/4 of Section 21, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as beginning at a point on the center line of Stark Road distant N 88° 48' 40" W along the S. Section line, 1316.27 feet and N 0° 09' 10" W, 492.39 feet from the S. E. corner of Section 21 and proceeding thence N 88° 48' 40" W, 243 ft. , thence S 0° 09' 10" E, 165 ft. , thence N 88° 48' 40" W, 1065.24 ft. ; thence N 0° 48' w along the N. and S. 1/4 Section line, 980.79 ft. , thence S. 89° 4' 15" E. 1319. ft., thence S. 0° 09' 10" E along the center line of Stark Road, 228.46 ft. ; thence N 89° 00' 20" W, 243 ft. , thence S 0° 09' 10" E, 330 ft. , thence S 0° 09' 10" E. , 243 ft.; thence S 0° 09' 10" E along the center line of Stark Road, 262.99 feet to the point of beginning. the Council does hereby determine, for and in behalf of the City of Livonia, to accept the aforesaid instruments, and the City Clerk is hereby requested to have the same recorded in the office of the Wayne County Register of Deeds and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• lip AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Kleinert, seconded by Councilman McCann, it was 10143 #38-69 WHEREAS, property described as • That part of the N. W. 1/4 of Section 11, T. 1 S. , R. 9 E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant N. 89° 52' 50" W. along the E. and W. 1/4 section line 704.40 feet, thence N. 0° 05' 50" W. 556.33 feet from the center 1/4 corner of Section 11, and proceeding thence N. 0° 05' 50" W. 285 feet, thence S. 89° 59' 55" W. along the S. line of Pickford Avenue 95 feet, thence S. 0° 05' 50" E. 285 feet, thence N. 89° 59' 55" E. 95 feet to the point of beginning, is included in the Master Plan for Parks for the City of Livonia, and WHEREAS, the United States of America has entered into Contract OSA-58 which provides for financial assistance to the City of Livonia in acquiring the above described real property for park purposes, and WHEREAS, it is hereby determined, upon consideration of two competent independent appraisals that the fair market value of this real property is $4,300.00, NOW, THEREFORE, BE IT RESOLVED, that: 1. The City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $4,300.00; 2. The City Council does hereby authorize a sum not to exceed $65 for the proration of City, County, and School taxes at the time of closing, prorated from the date of option to purchase, and does further authorize the expenditure of the sum of $60 to cover the cost of the title insurance policy on the subject property, 3. The City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000 Parks and Recreational General Obligation Bond Issue with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreational General Obligation Bond Issue; and 4. The City Clerk and the City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result• AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. By Councilman Nash, seconded by Councilman Kleinert, it was 10144 #39-69 WHEREAS, property described as that part of Section 10, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, described as the E. 171.2 feet of the W. 243.9 feet of the N. 1771 feet of the N. E. 1/4 of Section 10, except the N. 530.73 feet thereof. 4.87 acres (Bureau of Taxation Parcel 10Q1), is included in the Master Plan for Parks for the City of Livonia, and WHEREAS, the United States of America has entered into Contract OSA 58 which provides for financial assistance to the City of Livonia in acquiring the above described real property for park purposes; and WHEREAS, it is hereby determined upon consideration of two com- petent independent appraisals that the fair market value of this real property is $13,000.00; NOW, THEREFORE, BE IT RESOLVED, that 1. The City Council of the City of Livonia hereby authorizes the Department of Law to acquire the aforesaid property at a price of $13,000.00, 2. The City Council does hereby authorize a sum not to exceed $350.00 for proration of City, County and School taxes at the time of closing, prorated from the date of the option to purchase, and does further authorize the expenditure of the sum of $100.00 to cover the cost of title insurance policy on the subject property, 3. The City Council does hereby authorize the advance of the aforesaid sums from the $4,400,000.00 Parks and Recreation General Obligation Bond Issue with the provision that any federal assistance obtained from the Department of Housing and Urban Development shall be reimbursed to the Parks and Recreation General Obligation Bond Issue; and 4. 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 : Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS : None. By Councilman Ventura, seconded by Councilman Kleinert, it was #40-69 RESOLVED, that having considered a communication from the Department of Law, dated January 6, 1969, with respect to land located in Section 2 owned by Chester Koppy, which has been designated as Park Site "B", the Council does hereby determine to continue this matter in the Department of Law until every possible means of obtaining State or Federal aid has been exhausted. 10145 A roll call vote was taken on the foregoing resolution with the following result. L AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS : None. By Councilman Kleinert, seconded by Councilman Ventura, it was #41-69 RESOLVED, that having considered a communication from the City Assessor, dated December 10, 1968, approved for submission by the Mayor, which submits a request from Dr. Harry Demirgian, 14600 Greenfield Road, Detroit, Michigan, 48227, and in accordance with the provisions of Act 288 of the Public Acts of 1968, as amended, as well as Section 18.46 of Ordinance No. 543, as amended, the Council does hereby approve of dividing Outlot A of Country Homes Estates Subdivision #1 of part of the Southwest 1/4 of Section 17 into two parcels, the legal descriptions of which shall read as follows : A. Outlot A except the North 120' thereof of Country Homes Estates Subdivision #1 of part of the Southwest 1/4 of Section 17, T. 1 S. , R. 9 E. , City of Livonia, Wayne County, Michigan, as recorded in Liber 85, on pages 69 and 70 of Plats, Wayne County Records. LB. The northerly one hundred twenty feet of Outlot "A", Country Homes Estates Subdivision No. 1 of part of the Southwest one- quarter of Section 17, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, recorded in Liber 85 at pages 69 and 70 of Plats, Wayne County Records, said distance of 120 feet being measured along the Westerly boundary of Outlot "A", from the Northwest corner of Outlot "A", the Southerly boundary of the property conveyed hereby being parallel to the Northerly boundary of Outlot "A". as shown on the map attached to the aforesaid petition, which is made a part hereof by this reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS : None. By Councilman Nash, seconded by Councilman Kleinert, it was #42-69 WHEREAS, pursuant to the direction of the City Council in its L resolution No. 860-68 adopted on July 31, 1968, 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 December 17, 1968 an assessment roll dated December 17, 1968 covering the installation of sidewalks along both sides of Middlebelt Road between Five Mile Road and Eight Mile Road in the City of Livonia, 10146 containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in the said resolution No. 860-68, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council; that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give the notice required by the provisions of Section 3.08 of Ordinance No. 401, as amended, of the City, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall in said City, 33001 Five Mile Road, on Wednesday, February 19, 1969, at 7:00 p.m. , to review the said special assessment roll, at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulat- ed generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of February 19, 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. A roll call vote was taken on the foregoing resolution with the following result: AYES : Nash, Milligan, Kleinert, Raymond, McCann and McNamara. NAYSVentura. The President declared the resolution adopted. By Councilman Nash, seconded by Councilman Raymond, and unanimously adopted, it was #43-69 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. *Councilman Ventura was excused at 10:00 P. M. By Councilman Raymond, seconded by Councilman McCann, and unanimously adopted, it was #44-69 RESOLVED, that having considered the Center City Study prepared by the City Planning Commission with respect to the ultimate development of the Civic Center of the City of Livonia, the Council takes this means to indicate its general agreement in principle with "Concept A," as recommended by the Planning Commission for the development of the Center City. 10147 By Councilman Kleinert, seconded by Councilman Nash, and unanimously adorted, it was #45-69 RESOLVED, that the regular meetings of the Council of the City of Livonia for the month of February 1969 will be held on the 5th, 19th and 26th. *Councilman Ventura returned at 10:10 P. M. By Councilman Kleinert, seconded by Councilman Raymond it was #46-69 RESOLVED, that having considered a letter from the Personnel Director dated December 13, 1968 which transmits a resolution adopted by the Civil Service Commission on December 10, 1968 wherein the Commission recommends that the Council concur with a proposed contract to be entered into between the City of Livonia and Council 23, AFSCME, AFL-CIO and Local 192 for the period from December 1, 1968 to November 30, 1970, and wherein the Commission also requested that the Council concur in the necessary amendments to the Compensation Plan, Retirement Ordinance, Ordinance No. 77, as amended, and the Insurance and Disability Plan so as to effectuate the provisions set forth in the aforesaid agreement, the Council does hereby approve of and concur in the aforesaid agreement, and the Mayor and City Clerk are hereby directed to affix their signatures to the aforesaid contract for and in behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution, further, the Council does hereby request that the Depart- ment of Law prepare the necessary amendments to the Retirement Plan for submission to the Council so as to incorporate the provisions as set forth in the aforesaid contract in this regard; FURTHER RESOLVED, that having considered a communication from the Budget Director dated January 2, 1969, approved for submission by the Mayor, with respect to additional appropriations which are necessary in order to effectuate the salary and wage schedule established between the City in its contract with Council 23 and Local 192, AFSCME, as well as it relates to Social Security taxes and the increased costs resulting from improved Retirement and Longevity benefits, the Council does hereby authorize necessary adjustments in the Budget for fiscal year 1968-69 to provide the sum of $178,968 to be allocated to the various accounts detailed in the aforesaid communication and does further authorize the amending of the Water Department Budget, for Field Operations $4,058, Administration $1,771, and amend the Sewer Department Budget, Field Operations $2,767, and further; the Refuse Fund is hereby amended to include the additional sum of poi+, the Golf Course Fund Budget $5,919, and the Ice Rink and Recreation Center Budget $719.00. A roll call vote was taken on the foregoing resolution with the following result: AYES: Nash, Milligan, Kleinert, Ventura, Raymond, McCann and McNamara. NAYS: None. 10148 By Councilman McCann, seonded by Councilman Ventura, and unanimously adopted, this 635th regular meeting of the Council of the City of Livonia, was duly adjourned at 10.15 P. M., January 15, 1969. ADDISON W. BACON, Ci y Cl•rk.